HomeMy WebLinkAbout07-06-1976MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
July 6, 1976
The-meeting was called to order at 2:00 P.M. in the City
Council Chambers, 22 Civic Center Plaza, by Mayor John Garthe.
The following Council members were present: David F. Ortiz,
Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James
E. Ward, and Mayor John Garthe. Councilman Gordon Bricken
arrived at 3:55 P.M. The following members of Staff were also
present: City Manager Bruce C. Spragg; City Attorney Keith
L. Gow; Assistant City Manager Ronald Wolford; Deputy City
Managers G. David Tayco, Manuel Rede and Thomas J. Andrusky;
Director of Public Works John E. Stevens; Planning Director
Charles C. Zimmerman; Police Chief Raymond C. Davis; and
Clerk of the Council Florence I. Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
man Yamamoto.
Following the Pledge
of Allegiance to the
~Flag, the Invocation
was given by Council-
RECESS - SPECIAL MEETING At 2:05 P.M. Council
COMMUNITY REDEVELOPMENT AGENCY recessed to convene
the special meeting of
the Community Redevelop-
ment Agency; Council reconvened at 2:15 P.M. with the same
Council members present.
CONSENT CALENDAR The following items
ITEMS REMOVED & were removed from the
DISSENTING VOTES Consent Calendar:
Item 4 D requested
by Councilman Yamamoto~ Items 5 A, C, D and F requested by
Councilman Ortiz. Councilman-Evans registered a NO vote on
Items 10, 12 C and 12 E; Councilman Yamamoto voted NO on
Items 4 A and 4 B.
CONSENT CALENDAR Councilman Evans'
STAFF RECOMMENDATIONS motion, seconded by
APPROVED Councilman Ward, to
approve the action
recommended by Staff on the following Consent Calendar items,
carried unanimously C6:0):
MINUTES Approved the Minutes
of the Adjourned Regular
Meeting of June 14, and
the Regular Meeting of June 21, 1976.
BID CALLS
ment for bids on the
Approved plans and
-specifications, and
authorized advertise-
following:
SPEC 76-023 - Shipping of Bowers Museum
exhibit to Orlando, Florida.
CA 89
CITY COUNCIL MINUTES
243
JULY 6, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
BID AWARDS Rejected the bid from
Roger Miller Chevrolet,
Laguna Beach, on the
basis of not being responsive to the specifications;
and awarded the following on basis of lowest respon-
sive and best bidder:
SPEC 76~016 Two compact vehicles for
the Police Department Major Diversion
Program; awarded to Keystone Ford, Inc.,
Norwalk, in the amount of $8,386.04.
Awarded the following on the basis of lowest
responsible and responsive bidder:
SPEC 76-019 Two year uniform and towel
rental service contract; awarded to Pru-
dential Overall Supply, Santa Aha, with a
one year option, for their alternate bid.
PROJECT 1374 - Widening of Seventeenth
Street from Fairview to King Street;
awarded to Brutoco Engineering & Construc-
tion, Inc., Covina,
$90,269.00.
ALcoHOLIc BEVERAGE
LICENSE APPLICATIONS
in the amount of
Received and filed
Staff report of the
following:
CHOE, Kyoung Ho and Soon Jung
2025 N. Tustin Avenue Person to
Person Transfer - Type "40" On
Sale Beer. (Item 4 A - Councilman
Yamamoto registered a NO vote.)
FLEBNOR, Dallas O. & ROSS, Clayton
W. - 2513 W. Edinger Avenue - Original
Premises. (Item 4 B - Councilman
Yamamoto registered a NO vote.)
HECKMAN, Marjorie J. 1651 So.
Standard - Person to Person Transfer
- Type "41" On Sale Beer ~ Wine
(Bona Fide Public Eating Place)
OUTLAW, Janet S. & Robert B.
3798 So. Bristol - Original Type
"20" Off Sale Beer & Wine
SOUTHLAND CORPORATION, THE 1020
So. Bristol Street - Person to Per-
son Transfer - Type "20" Off Sale
Beer & Wine
WILLIAMS, Jack & Jeffrey Sidney -
1120 W. 17th Street - Original Type
"41" On Sale Beer & Wine (Bona Fide
Public Eating Place)
NEGATIVE DECLARATIONS Approved and.-filed
& VARIANCES Negative Declarations
and Planning Commis-
sion Findings of Fact on the following:
CA 89
CA 146
CITY COUNCIL MINUTES 244 JULY 6, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVBD- Continued
VA 76-26 - Filed by Aline E. Erickson
to allow the use of an existing parking
area (approved under CUP 7S-10) for storage
of materials and installation of equipment
to support research work at 1506 B. Edinger
in the M 1 District. APPROVED~
VA 76-29 - Filed by Clara Edith Vose Founda-
tion to allow a commercial development at
2626 N. Bristol Street in the R 1 District.
APPROVED.
NEGATIVE DECLARATION ~
CONDITIONAL USE PERMIT
Finding ef Fact on the
Approved and filed the
Negative Declaration
and Planning Commission
following:
CUP 76-12 - Filed by Russell W. Mangum
Company to construct an 18-unit condominium
building at 303 East Ninth Street in the
R 3H District. APPROVED.
DEED WITH CASH 6 Approved the following
ESCROW - GRANTEE CITY deed and authorized the
Mayor to sign all neces-
sary documents in connection with the purchase:
HEID, JOHN B. AND BETTER. South side
of Seventeenth Street east of Santiago
Street for street and vehicular access.
NEGATIVE DECLARATIONS & Approved and filed the
TENTATIVE-PARCEL MAPS Negative Declaration;
approved the following
map subject to conditions contained in the Planning
Director's report:
MAP NO. 928 (REVISED) - Filed on March 10,
1976 by-Investment Builders Corporation
creating twenty-one C21) M1 parcels~ all
proposed parcels to be used for industrial
purposes; generally located on the.north
side of Segerstrom Avenue, east of the
Santa Aha River.
Approved and filed Negative Declarations; approved
the maps subject to-conditions contained in the
Planning Director's reports; and waived alley
requirements on the following:
MAP NO. 967 - Filed on June 10, 1976 by
C. L. Burnett Co., ~Inc. creating eight M 1
parcels; all proposed parcels to be used
for industrial purposes; generally located
on the southeast corner of Warner Avenue
and Susan Street.
MAP NO. 968 - Filed on'June 10, 1976 by
Adams Properties creating nine M 1 parcels;
all proposed parcels to be used for indus-
trial purposes; generally located on the
southwest corner of MacArthur Boulevard and
Susan Street.
CA 15
CA 15.1
CA 155
CA 25
CITY COUNCIL MINUTES 245 JULY 6, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
FINAL PARCEL MAPS Approved the following
maps in accordance with
State Map Act provisions,
and accepted the dedications thereon:
MAP NO. 936 = Southwest corner of Alton
Avenue and Fairview Street; two lots.
MAP NO. 938 Northeast corner of Harbor
Boulevard and Segerstrom Avenue; five
lots.
CHANGE ORDER
Approved the following
change order:
PROJECT 8074 - Senior Citizens Center -
Change Order No. 2, increasing the cost
by $2,126 to upgrade the carpeting for
the Center. (Agenda Item 10 - Councilman
Evans registered a NO vote.)
AGREEMENTS
Mayor and Clerk:
Approved the following
agreements and authorized
their execution by the
PIPELINE CROSSING - Between City and
Kerona; Incorporated to install two
4-inch pipelines across Walnut Street
east of Minnie Street to transport
plastic resin pellets.
SUMMER YOUTH WORK EXPERIENCE PROGRAM
Between City and Orange County Manpower
Commission for $400,000 Federal funds
to operate the Summer Youth Work Ex-
perience Program.
ORANGE COUNTY NARCOTIC INDEX GRANT
MODIFICATION OF DUTIES OF ROBERT H.
PBTBRSON - Between City and Analyst,
Robert H. Peterson, to redefine his
scope of service to include Project
Coordinator. {Agenda Item 12 C -
Councilman Evans registered a NO vote.)
PARAMEDIC DOCUMENTARY FILM - Between
City and Braverman Productions for the
production of a documentary and training
film of City's Paramedic Program.
PROFESSIONAL SERVICES FOR POLICE DEP~dtT-
gENT PARAPROFESSIONAL EMERGENCY RESPONSE
TEAM PROJECT - Between City and Attorneys
Paul Irby and Kenneth J. Kukuda to assist
in training and act as consultant to
members of the Team. (Agenda Item 12 E -
Councilman Evans registered a NO vote.)
POLICE DEPARTMENT GRANT PROJECT EMPLOYEES
- Between City and the following employees
under federally-funded projects for the
remainder of the grant funding:
CA 25.2
CA 89
A-76-57
A-76-58
A-76-59
A-76-60
A-76-61
CITY COUNCIL MINUTES 246 JULY 6, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
Ronald G. Kinsley
Sandra S. Schneider
Kenneth Nelson
Christine A. Buckel
Barbara J. Swango
Cathy Perry
COUNCILREFERRAL SUMMARY
Council.
PROCLAMATIONS
from June 1S to June 29,
Command & Control
Narcotic Index
Burglary Index
Burglary Index
Burglary Index
Burglary Index
Received and filed the
status report of matters
referred to Staff by
Received and filed the
report of proclamations
issued by the Mayor
1976.
A-76-62
CA 80.2
CA 46
* * * * * * * * CONSENT CALENDAR FINIS * * ~ * * * * *
ABC APPLICATION The Staff report of
KATTENGELL 101 N. HARBOR the following Alcoholic
RECEIVED & FILED Beverage License Applica-
tion was received and
filed, on motion of Councilman Evans, seconded by Councilman
Brandt, and carried (S:l), with Councilman Yamamoto dissenting:
KATTENGELL, Russell Paul 101 No. Harbor
Boulevard - Original Type "20" Off Sale
Beer & Wine (Agenda Item 4 D).
CA 146
A prior motion by Councilman Yamamoto to,protest the Applica-
tion was not seconded.
NEGATIVE DECLARATION & VA 76-5 Council approved and
LABORERS UNION - 1332 E. CHESTNUT filed the Negative
APPROVED ~ FILED Declaration and Planning
Commission Finding of
Fact to deny the following variance, on motion of Councilman
Ward, seconded by Councilman Brandt, and carried (5:1), with
Councilman Evans dissenting:
NEGATIVE DECLARATION & VA 76-5 - Filed
by the Laborers International Union Local
652 to permit boxing matches in an existing
auditorium with less than the required
parking at 1532 E. Chestnut in the M 1
District. DENIED. (Agenda Item 5 A.)~
CA 13
NEGATIVE DECLARATION & VA 76-27 Councilman Ward's motion,
RUSSELL ROHRS - 1343 N. GRAND to approve and file the
APPROVED ~ FILED Negative Declaration and
Planning Commission
Finding of Fact to deny the following variance, was seconded by
Councilman Brandt, and carried unanimously (6:0):
NEGATIVE DECLARATION & VA 76-27 -..Filed
by Russell Rohrs to construct a monument
sign in. conjunction with an existing real
estate office at 1343 N. Grand Ave. in the
R 2 District. DENIED. (Agenda Item S C.)
CA 13
CITY COUNCIL MINUTES 247 JULY 6, 1976
ENVIRONMENTAL IMPACT REPORT On the unanimously
& VA 76-28 KING MANOR approved (6:0) motion
APPROVED &. FILED of Councilman Brandt,
seconded by Councilman
Ward, Council received and filed the Environmental Impact
Report and approved the Planning Commission Finding of Fact
to deny the following variance:
ENVIRONMENTAL IMPACT REPORT & VA 76-28 -
Filed by King Manor, Inc. to construct a
four-plex condominium at 1021 W. Central
Avenue in the C 2 District. DENIED.
[Agenda Item 5 D.)
CA 13
NEGATIVE DECLARATION & CUP 76-7 Councilman Ward's motion,
SANTA FE CO. - BILLBOARD seconded by Councilman
APPROVED & FILED Brandt, to approve and
file the Negative Declara-
tion and Planning Commission Finding of Fact to partially approve
the following application for conditional use permit, carried
unanimously (6:0):
NEGATIVE DECLARATION & CUP 76-7 Filed by
Santa Fe Land Improvement Company to locate
two billboards at 14S7 S. Grand Avenue in
the M 1 District. APPROVED (one billboard).
(Agenda Item S F.)
CA 13.1
READING WAIVED On the unanimously
approved (6:0) motion
of-Councilman Evans,
seconded by Councilman
Brandt, Council waived full reading of all ordinances and
resolutions, the titles of which appeared on the public
Agenda, and consideration was given by title only.
ORDINANCE NS-1306 The following ordinance
LIABILITY & GENERAL INSURANCE was placed on first
FIRST READING reading on the unanimously
carried (6:0) motion of
Councilman Evans, seconded by Councilman Ward:
ORDINANCE NS-1306 - AN ORDINANCE OF THE CITY OF
SANTA ANA ESTABLISHING A LIABILITY INSURANCE FUND
AND A GENERAL INSURANCE FUND AND PROVIDING FOR THE
DEPOSIT OF MONEYS THEREIN AND THE EXPENDITURE OF
MONEYS THEREFROM.
CA 88.50
ORDINANCE NS-130? First reading of the
INELIGIBILITY FOR EMPLOYMENT following ordinance
CONTINUED was continued to the
July 19 meeting, on
the unanimously approved C6:0) motion of Councilman Evans,
seconded by Councilman Ward:
ORDINANCE NS-1307 - AN ORDINANCE OF THE CITY OF
SANTA ANA ADDING SECTION 9-$.1 TO THE SANTA ANA
MUNICIPAL CODE, RELATING TO INELIGIBILITY FOR
EMPLOYMENT FOR-CRIMINAL CONDUCT.
CA 5O
City Attorney Keith Gow requested a continuance, pending
additional information from the State Attorney General.
CITY COUNCIL MINUTES 248 JULY 6, 1976
RESOLUTION NO. 76-67
COUNCIL RESERVED PARKING
ADOPTED
by Councilman Ward:
The following resolution
was unanimously adopted
(6:0) on the motion by
Councilman Evans, seconded
RESOLUTION NO. 76-67 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA RESTRICTING THE
USE OF SEVEN PARKING STALLS ALONG THE BAST WALL
OF THE PARKING AREA UNDER THE PLAZA OF THE FLAGS,
DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST THE
PARKING STALLS AND PURCHASE THE APPROPRIATE AUTO
BUMPER DECALS, AND DIRECTING THE POLICE DEPARTMENT
TO CITE AND TOW VEHICLES FOUND IN VIOLATION OF THE
POSTED SIGNS.
CA 77.S
CA 80
Within the foregoing motion, Council modified the wording on
page Two of Resolution No. 76-67) last paragraph, to read:
" that the Santa Aha Police Department is authorized
and'directed to cite and authorized to tow or have towed .
RESOLUTION NO. 76-68 The motion of Council-
COMMENDING WINSTON UPDEGRAFF man Brans, seconded
ADOPTED by Councilman Brandt,
to adopt the follow-
ing resolution carried unanimously {6:0):
RESOLUTION NO. 76-68 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA COMMENDING
WINSTON R. UPDBGRAFF.
CA 73B
MANAGEMENT IMPROVEMENT PROGRAM The status of implementa-
STATUS OF IMPLEMENTATION tion report dated June 21,
CONTINUED 1976, prepared by Arthur
D. Little, Inc., and the
report and recommendation of the City Manager to give final
approval of the Management Reorganization Plan on a permanent
basis beginning August 1, 1976, was continued to July 19, 1976,
on the motion of Councilman Evans, seconded by Councilman Brandt,
and carried [6:0) unanimously. CA ?9.6
USE OF ROOMS - CORBIN CENTER A letter dated June 28,
BY N.A.A.C.P. 1976, from the Orange
REFERRED County Branch of the
National Association for
the Advancement of Colored People, requesting the use of Rooms
A and B at the Corbin Center, was referred to Staff for report
and recommendation, on the motion of Councilman Evans, seconded
by Councilman Ward, and carried (6:0) unanimously. CA 131.6
TRAVEL REQUEST - H.R.C. A request dated June 29,
STATE-WIDE CONFERENCE 1976 by the Chairperson
APPROVED of the Human Relations
Commission, Mildred Cobb,
to allow the expenditure of $68.50 for Commissioner Moreno's
attendance at a planning session in Sacramento on July 10 to
prepare for the 1977 State-wide Human Relations Conference,
was approved on the motion of Councilman Evans, seconded by
Councilman Ward, and carried C6:0) unanimously. .CA 131.1
CITY COUNCIL MINUTES
249 JULY 6, 1976
H.R.C. PUBLIC HEARING
ILLEGAL ALIENS - STATUS
FILED
REPORT
the June 29, 1976 status report
sion regarding a public hearing
illegal alien revised procedure was
On ~he motion of Council-
man Ward, seconded by
Councilman Brandt, and
unanimously (6:0) carried,
of the Human Relations Commis-
of the Police Department's
received and filed. CA 131.1
CA 57.1
CITY REPRESENTATIVE TO On the recommendation
COUNTY MANPOWER COMMISSION of Assistant City Manager
MANUEL REDE APPOINTED Ronald Wolford, Manuel
' Rede, Deputy City Manager
Community Services was appointed as the Santa Aha representa-
tive to the Orange County Manpower Commission for a term of two
years ending March 11, 1978, on the motion of Councilman Ward,
seconded by Councilman Evans, and carried (6:0) unanimously.
MEMBERSHIP - NEWPORT-IRVINB Membership in Newport-
WASTE MANAGEMENT AGENCY Irvine Waste Management
CONTINUED Planning Agency and
designation of a repre-
sentative from the City of Santa Aha was continued to July 19,
1976, on the motion of Councilman Evans, seconded by Council-
man Ward and carried (6:0) unanimously.
Prior to the motion, the Council heard comments from Neil Cline,
Secretary-Manager of the Orange County Water District, who
stated that the reason the District joined NIWA was because
the District is responsible for the quality of the ground water
supply; that NIWA will be involved with problems of air quality,
air use and land planning, which has attracted the interest
of Newport Beach and others not wanting to abdicate their plan-
ning responsibility; and that participation by way of member-
ship would give the City a voice in the policies that may gov-
ern the City's future development. CA 145.12
NEW NAME FOR After a discussion of
HARPER STREET PARK the following names
REFERRED recommended by the
Board of Recreation and
Parks, Staff was directed to conduct a more extensive survey
of the neighborhood regarding the citizens' choice of a new
name for the park, and to research to determine which name
would have historical or cultural significance for the area,
on the unanimously carried (6:0) motion of Councilman Evans,
seconded by Councilman Ward:
1] Amigos Park
2) Dos Banderas Park
5) Camino Del Rio Park
CA S2
STANDARD AVENUE APARTMENTS The report of Deputy
REFERRAL ITEM #15-76 City Manager G. David
PILED; DELETED Tayco, dated July 1,
1976, outlining the
steps that have been taken to improve the 65 apartment build-
ings in the Minnie Street and Standard Street area north of
McFadden, was received and filed, and Council Referral Item
No. 15-76 waa deleted from the Summary, on the motion of
Councilman Ward, seconded by Councilman Evans, and carried
(6:0) unanimously. CA 87
CITY COUNCIL MINUTES 250 JULY 6, 1976
RECESS
At 3:09 P.M. Mayor
Garthe called a recess;
the meeting was recon-
vened at 5:19 P.M.
ANIMAL CONTROL PROGRAM The request of Charlotte
REFERRAL ITEM #24-76 K. Owen dated May 28,
HEARING SET 1976, for a review of
Ordinance NS-1286
allowing three dogs per household without a kennel permit,
was set for public hearing on September 20, 1976 at 7:50 P.M.
on the unanimously approved C6:0) motion of Councilman Evans,
seconded by Councilman Brandt, and Item #24-76 was deleted
f~om the Council Referral Sum]nary.
The consensus of the Council was
sides of this question should be
the present ordinance is made.
that the citizens on both
heard before any change in
CA 95
INCREASE IN FEE FOR On the recommendation
AUDIT SERVICES of Finance Director
APPROVED Lawrence Shaffer, an
increase in the maximum
audit fee for professional audit services for fiscal year
1976-77 to $6,950 was approved, on the unanimously carried
C6:0) motion of Councilman Evans, seconded by Councilman Ward.
The fee for 1975-76 was $5,750. CA 65
REALLOCATION OF CETA The reallocation of
TITLE I CARRYOVER FUNDS $10,939 CETA Title I
APPROVED Carryover funds (unex-
pended in fiscal year
1975-76) to Y.W.C.A. pilot program serving economically
disadvantaged females was approved, as recommended by Keith
Blunt, Manpower Project Coordinator in his June 28, 1976
report, on the motion of Councilman Ward, seconded by Mayor
Garthe, and carried CS:l) with Councilman Ortiz dissenting.
CA
131.11
TRANSPORTATION ELEMENT : The status report dated
SENIOR CITIZENS CENTER June 29, 1976 prepared
STATUS REPORT - FILED by Director of Community
Relations Peter Grams
and Recreation Superintendent Eugene Laumeister regarding the
Transportation Element for Senior Citizens Housing Center was
received and filed, on the unanimously approved motion of
Councilman Evans, seconded by Councilman Brandt (6:0). CA 131.10
FINANCIAL ASSISTANCE REQUEST A request dated June 25,
FAIR HOUSING COUNCIL 1976 for financial
REFERRED assistance of $1,000
for the Orange County
~air Housing Council was referred for consideration to the
Budget Study Session, on the motion of Councilman Ward,
seconded by Councilman Yamamoto and carried C6:0) unanimously.
CA 65B
CA 112.15
HIRING MORATORIUM The.hiring moratorium
EXEMPTION REQUESTS exemption requests from
~ONTINUBD the Building Safety
Department and the
City Manager's Office for one Stenographic Clerk I each,
were continued until after the Budget hearing is completed,
on the motion of Councilman Evans, seconded by Councilman
Brandt, and carried [5:1), with Mayor Garthe dissenting. CA 50
CITY COUNCIL MINUTES 251 JULY 6,1976
BOWERS MUSEUM EDUCATION The status report by
CENTER STATUS REPORT Museum Director Reilly
-REFERRED Rhodes dated June 29,
1976 concerning the
Bowers Museum Education Center and the need for $12,500 in
funding for the fiscal year 1976-77 was referred to Budget
Study Sessions on the motion of Councilman Evans, seconded
by Councilman Yamamoto, and carried (6:0) unanimously. CA 85
CA 6SE
ORGANIZATION MEMBERSHIPS A listing prepared by
REFERRED Assistant City Manager
Ronald Wolford of the
organization member-
ships held by the City during the 1975-76 fiscal year was
referred to Budget Study Sessions, on the unanimously approved
C6:0) motion of Councilman Evans, seconded by Councilman
Yamamoto. CA 65B
REHABILITATION LOAN PROGRAM Distribution of Requests
REQUESTS FOR PROPOSALS for Proposals for the
AUTHORIZED Community Development
Rehabilitation Loan Pro-
gram to lending and/or loan servicing institutions was author-
ized on the motion of Councilman Evans, seconded by Council-
man Ward and carried C6:0) unanimously. CA 140.20
"KNOW YOUR RIGHTS" BROCHURE The request by Community
REFERRAL ITEM #222 Relations Director Peter
ALLOCATION - DISAPPROVED Grams for a $$00 appro-
priation from the 1976-77
Budget for printing a County-wide publication for Vietnamese
regarding employment, housing, legal procedures and related
concerns was defeated when the motion by Councilman Ward,
seconded by Councilman Yamamoto, received only their two
affirmative votes C2:4); Item #222 was deleted from the Council
Referral Summary.
Prior to the vote, Mr. Roy Uno, Human Relations Commissioner,
reported that Fountain Valley, Huntington Beach, Garden Grove
and Orange had approved allocations for the printing of the
brochure; that it is on the agenda for the City of Costa Mesa,
and next week will be considered by the City of Westminster;
that almost $2,000 has been pledged and that any additional
money would allow the printing of additional copies of the
brochure; that the need for the booklet is increasing daily;
that 12,000 additional refugees will be flown to Camp Pendle-
ton next month; that by interviewing employers there are an
estimated 821 Vietnamese in Orange County; and that approxi-
mately 318 are in Santa Aha.
Councilman Brandt stated that $1 each for a small booklet is
overspending. CA 151.1
ORAL COMMUNICATION Mr. Harold Heinly, of
BINGO ORDINANCE the American Legion
AUTHORIZED PUBLIC HEARING outlined the advantages
to his organization if
bingo games could be permitted in the City of Santa Aha. He
stated that he has seen Legion Posts across the country using
bingo games as a source of income for a great many worthwhile
charitable projects; and that the people of the State of
California have approved the activity.
Another speaker in favor of the bingo ordinance was R. G.
Eldridge, 811 North Lowell, of the Veterans of Foreign Wars.
CITY COUNCIL MINUTES 252 JULY 6, 1976
Staff was authorized to prepare an ordinance in accordance
with the State Law to authorize bingo, and to set a public
hearing, on the motion of Councilman. Brandt, seconded by
Councilman Evans, and carried IS:l), with Councilman Ward
dissenting. CA 91.10
Councilman Bricken joined the meeting at 5:55 P.M.
ORAL COMMUNICATION Councilman Yamamoto' s
LIFESAVING ACT BY YOUNGSTER suggestion to commend
REFERRED Santa Ana youngster,
Damon Hoover, who had
saved his sister from drowning, was referred to the Golden
City Awards Committee for a suitable award and public recogni-
tion. CA 75B
ORAL COMMUNICATION In response to Council-
BRISTOL STREET WIDENING man Evans' request for
REPORT REQUESTED a report concerning the
widening of Bristol
Street, City Manager Bruce Spragg stated that a report would
be ready for Council at its Saturday, July 10, 1976 meeting.
CA 29.8
EXECUTIVE SESSION At 4:00 P.M. the meet-
ing was recessed for an
Executive Session to
discuss litigation and
wage and salary negotiations; at 4:32 P.M. the meeting was
reconvened and immediately recessed for dinner at the Camelot
restaurant; at 7:30 P.M. the regular meeting was reconvened
with all Councilmen present.
INVOCATION
PLEDGE OF ALLEGIANCE
William Duerr of the Trinity Lutheran
After the Pledge of
Allegiance to the
Flag, the Invocation
was.given by Pastor
Church. CA 80.17
PRESENTATION OF Two retiring Board
CERTIFICATES OF APPRECIATION members were honored
GLEN.EVANS & JOHN W. HILL. by the Mayor with
Certificates of Appre-
ciation for their participation and valuable contributions
to their respective Boards: Glen Evans, Board of Recreation
and Parks; and John W. Hill, Library Board. Mr. Yin Nitta,
also retiring from the Board of Recreation and Parks, was
unable to attend the meeting to accept his Certificate of
Appreciation for many years of dedicated service to the City.
Mayor Garthe requested that the Clerk mail the Certificate.
CA S2.2
CA S6.1
PRESENTATION OF PROCLAMATION The Mayor's Proclama-
"MISS WHEELCHAIR SANTA ANA" tion ',Miss Wheelchair
JANICE SHERMAN Santa Ana" was pre-
sented to Janice Sher-
man, who will be competing in the State competition, and if
successful will journey to Ohio to compete for the National
title. The winners of these competitions are representatives
of the wheelchair citizens of the country, and they try to
encourage others in wheelchairs to lead productive, happy
lives. CA 46
CITY COUNCIL MINUTES 2S3 JULY 6, 1976
PUBLIC HEARING - AD NO. 240 Mayor Garthe. announced
(SILVER ACRES) - RESOLUTIONS that this was the time
NO. 76-65, 64, 65 ADOPTED and place fixed by. the
City Council for the
further hearing on the proposed construction of certain street
improvements, together with appurtenances and appurtenant work
and all matters relating to Assessment District No. 240 (Sil-
ver Acres).. He stated that further, this is the time and.place
for the continuance from June 21 for the hearing to determine
whether or not said proceedings should proceed without com-
pliance with the provisions of Division 4 of the Streets and
Highways Code of the State of California; that the matter was
continued because of the absence of Councilmen Ortiz and Evans;
that the two Councilmen who were absent have filed certifica-
tions with the Clerk of the Council stating that they have
listened to the taped recording and have reviewed all papers,
records and documents pertaining thereto of the public hearing
held on June 21, and can render an informed fair and just
decision on the matter.
There were no responses to the Mayor's request for speakers
for or against the Assessment District; the Mayor closed the
public hearing.
.The Mayor asked the City Engineer for the percentage of protests,
to which John Stevens replied that written protests equaled one
per cent and that oral protests equaled 1.87 per cent for a
total protest of 2.87 per cent.
On the motiOn of Councilman Bricken, seconded by Councilman
Yamamoto, and carried (7:0), the following resolution was
adopted:
RESOLUTION NO2 76-65 - CITY OF SANTA ANA - RESOLUTION
OF TH~ CITY COUNCIL OVERRULING AND DENYING PROTESTS
(ASSESSMENT DISTRICT NO. 240- SILVER ACRES)
On the unanimously carried (7:0) motion of Councilman Yamamoto,
seconded by Councilman Bricken, the following resolution was
adopted:
RESOLUTION NO. 76-64 - CITY OF SANTA ANA - RESOLUTION
OF THE CITY COUNCIL FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN PUB-
LIC IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT AND
FURTHER STATING THAT THE SPECIAL ASSESSMENT INVESTIGA-
TION, LIMITATION AND MAJORITY PROTEST ACT DOES NOT
APPLY (ASSESSMENT DISTRICT NO. 240 ~ SILVER ACRES).
Councilman Bricken's motion, seconded by Councilman Yamamoto,
to adopt the following resolution, carried unanimously (7:0):
RESOLUTION NO. 76-65 - CITY OF SANTA ANA - RESOLUTION
OF THE CITY COUNCIL ORDERING THE WORK AND IMPROVEMENTS,
TOGETHER WITH APPURTENANCES IN A SPECIAL ASSESSMENT
DISTRICT (ASSESSMENT DISTRICT NO. 240 - SILVER ACRES).
CA 90
PUBLIC HEARING - UUD NO. 15 Mayor Garthe announced
17TH ST. FROM KING.TO COLLEGE that this was the time
RESOLUTION NO. 76-69 ADOPTED and place for the pub-
lic hearing of Under-
ground Utility District No. 15 - Seventeenth Street from King
Street to College Avenue.
John Stevens, Acting Director of Public Works, stated that
this project is a continuation of the five year program for
undergrounding utilities; that this project is being scheduled
CITY COUNCIL MINUTES 254 JULY 6, 1976
in conjunction with the widening of Seventeenth Street; that
the District is a 175 foot strip just westerly of King Street
to easterly of College; that the purpose of the District is
to remove all overhead wires and power poles and telephone
poles so that the arterial streets will be free of the usual
canopy of wires; that the utility companies are required to
underground their services at no cost to the City; the cost
of this project is about $170,000; that the total cost to
the adjacent property owners to connect to the new service
will be $10,650; that every property owner who will incur a
cost has been notified of the estimated cost of connecting;
and that there has been one person in opposition to the
District, Emile Goubert.
Mayor Garthe asked for speakers in opposition to the Under-
ground Utility District.
mr. Emile Goubert stated that the undergrounding would not bene-
fit him; that the only benefit is for the City; and that he did
not want to pay for it.
There being no further speakers, Mayor Garthe closed the public
hearing.
On the motion of Councilman Evans, seconded by Councilman Ward,
and carried unanimously (7:0), the following resolution was
adopted:
REsOLuTION NO. 76-69 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING UNDERGROUND
UTILITY DISTRICT NUMBER 15. CA 154
PUBLIC HEARING CHARTER Mayor Garthe announced
REVISION RECOMMENDATIONS that this was the
NOVEMBER B~LLOT RBQUB~TED time and place
for the public
hearing of the recommendations of the Charter Review Committee
for amendment of the City Charter.
Mr. ~aldo Haug, Chairman of the Charter Review Committee,
announced that the Committee recommended 48 proposed revisions
and that they be presented to the voters as separate measures
except for combinations that would provide legal continuity.
In response to a question from Councilman Bricken, he further
stated that the procedure followed was to consider each section
recommended for change by the Council, Staff, and Committee
members, and to give tentative approval; that each measure was
later given final approval after discussion and public hear-
ing; that the Committee suggests that the measures go on the
November ballot because of the greater voter participation in
a national election, but that there may be some revisions that
could wait until a later election.
Councilman Ortiz, noting that some of the votes were not
unanimous, asked why the opinions of the dis. senting voters
were not given; that he wished to know why they voted as
they did.
Mr. Haug responded that the minutes show the discussion that
preceded each vote, and reflected the views of the minority
opinion.
Mayor Garthe asked if there would be arguments for land
against each measure. Clerk of the Council Florence Malone
responded that the Council may choose to present the argu-
ments both for and against, or it can ask others to prepare
such arguments. ·
CITY COUNCIL MINUTES
255
JULY 6, 1976
Gene Flores, member of the Charter Review. Committee, stated
that the Committee wished to make one recommendation; that
public hearings were held, but that at no time was there
enough citizen input to develop other alternatives; that the
Committee:wished to present a recommendation:that the entire
Committee could support as the best possible:answer.
Robert Gunton, member of the Committee, stated that he had
considered preparing a minority opinion; and' he called atten-
tion to Sections 402 and 416, one dealing with compensation
for Councilmen, and the other with publishing the full text
of ordinances; that he would rather see the Councilmen accept
their present salaries and continue°publishing ordinances in
their entirety.
Patricia McGuigan, a Committee member, stated that she cast
dissenting votes on a number of items and she would be very
happy to discuss any of those items with the Councilmen and
give her views; that there was very little citizen interest
in the Charter revisions; and that the Committee would cooperate
in spreading the word to the citizens.
Dorothy Smith of the League of Women Voters stated that her
organization is very interested in the proposed Charter changes,
and that Sections 415 and 416 should be carefully considered
because of the citizens' need for informafion. She suggested
that publication of a brief explanation of the purpose,of
each ordinance in non-legal language, printed in full-size
type would be more valuable than the publication of the entire
ordinance. Mrs. Smith also stated that the League is concerned
with the number of separate measures, and questioned whether
the voters could be well enough informed on the revisions by
November. She suggested that the revisions dealing with the
personnel system might be voted on at a separate election.
Richard Kreisler, 11661 San Vicente Boulevard, Los Angeles,
representing the Police and Firemen's Benevolent Associations,
commented on a number of recommended changes in the personnel
rules, as follows:
Section 912 and 1001 - opposed the elimination of the
term"civil service" and the substitution of the term
"personnel" because state and federal case law refers
to "civil servants" and the change could cause legal
confusion;
Section 1002 - opposed exempt classification for de-
partment heads because of potential political pressure;
Section 1005 (d)- opposed because it could adversely
affect promotion of eligible employees;
Section 100S (e) - opposed the one year maximum for
eligibility lists in preference of the existing 2-year
maximum on the basis that the list would not stagnate
within 2 years;
Section 1005 (f) - opposed the concept of selection
at random should there be too many applicants for
one position because it is unfair;
Section 1006 - opposed the deletion of the rule of $
because it avoids manipulation by the City; and opposed
the addition of a minimum of 6 months for probationary
period; and opposed denial of hearing rights to pro-
bationary employees;
Section 1008 - opposed 90-days suspension as an exces-
sive disciplinary measure;
CITY COUNCIL MINUTES 256 JULY 6, 1976
Section 1008 (d) - opposed deletion of specific grounds
as cause for dismissal because "reasonable and suffi-
cient cause" is unfair and does not protect the employee;
Section 1008 (e) - opposed the application of "rules of
evidence" in Personnel Board hearings, and suggested
that Government Code Section 11515 shall apply, in the
interests of clarity;
Section 1008 (i) - opposed definition of reduction in
pay as not representing a demotion in the event that
a merit increase is denied because any pay cut is dis-
ciplinary action, and should entitle the employee to
a hearing;
Section 1009 Suggested that the provisions for layoffs
allow for too much personal discretion; and that candi-
dates for layoff be entitled to a leave of absence;
Section 1010 (e)
case law should be
regulation.
suggested that the Constitution and
the bases for any "strike" rule or
On the motion of Councilman Ward, seconded by Councilman Brandt,
and carried unanimously (7:0), the City Attorney was instructed
to prepare a resolution requesting the Board of Supervisors to
approve the consolidation of a Special City Election with the
November 2, 1976 statewide election for the purpose of present-
ing proposed amendments to the City Charter to the electorate.
Councilman Brandt's motion, seconded by Councilman Bricken,
that Councilmen each prepare a ballot indicating whether or not
they care to have each of the 48 proposed measures on the
ballot, this ballot to be filed with the Clerk of the Council
by July 12, 1976, thereafter tallied by the Clerk and the
results distributed to the Councilmen for discussion on July 27,
1976, carried unanimously (7:0). CA 129
CA 68
RECESS
At 9:10 P.M. Mayor
Garthe recessed the
meeting; the meeting
-reconvened at 9:20 P.M.
PUBLIC HEARING - APPEAL NO. 565 Mayor Garthe announced
CUP 76-6 PACIFIC OUTDOOR .that this was the time
ADVERTISING - GRANTED and place for the public
hearing of Appeal No.
365, filed by Pacific Outdoor Advertising Company, appealing
conditions of approval of Conditional Use Permit No. 76-6,
specifically the Public Works requirement for the dedication
of a street easement on Grand Avenue, a street easement on
Lyon Street, and an alley easement for alley corner cutoffs~
all conditions of approval of the following:
NEGATIVE DECLARATION ~ CUP 76-6 - Filed by Santa
Fe Land Improvement Company to locate 5 bill-
boards at 1801 South Grand Avenue in the M 1 District.
APPROVED.
Public Works Director John Stevens stated that the City nor-
mally requires street dedications when variances or CUP's are
~equested at the time the development of the property occurs,
and he recommended that the Planning Commission decision be
upheld with the exception of the Lyon Street dedication.
CITY COUNCIL MINUTES 257 JULY 6, 1976
Jay Kingry of Pacific Outdoor Advertising, 174 Narva Street,
Los Angeles, stated that the installation of two billboards
required no police or fire, sewer or other City services, and
that he felt that there was no reason for the dedication
requirement; that he has spent up to $900 for permits; and
that his company's use of the property for billboards is just
for an interim period, and subject to cancellation on 30 days
notice by the Santa Fe Land Development Company.
There being no further speakers, Mayor Garthe closed the public
hearing.
The Negative Declaration was received and filed on the unani-
mously approved (7:0) motion of Councilman Evans, seconded by
Councilman Brandt. On the motion of Councilman Evans, seconded
by Councilman Brandt, and carried [5:2), with Councilmen Ward
and Bricken dissenting, the City Attorney was directed to pre-
pare a resolution granting Appeal No. 365 and approving Condi-
tional Use Permit No. 76-6 deleting the conditions 7 B (2)
(b) and (c) requiring street and alley dedications. CA 15.4
PUBLIC HEARING - ABANDONMENT OF Mayor Garthe announced
PORTIONS OF OLD GRAND that this was the time
P, ESOLUTION NO. 76-70 ADOPTED and place for the pub-
...
lic hearing of the
Abandonment of portions of Old Grand between Joana Drive and
Santa Clara Avenue.
Deputy City Manager G. David Tayco stated that the Staff had
recommended the abandonment and it was approved by the Planning
Commission on May 24, 1976; that subsequently the City Council
adopted a Resolution of Intention to Abandon and set a public
hearing; that Grand Avenue is an 80' street and it has now
been classified as a 60' local street and the 10' strips are
not needed for street purposes; and that all utility companies
have been notified and indicate no need for utility easements.
On the unanimously carried (7:0) motion of Councilman Evans,
seconded by Councilman Brandt, the following resolution was
adopted:
R~SOLUTION NO. 76-70 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS
OF OLD GRAND STREET BETWEEN JOANA DRIVE AND SANTA
CLARA'AVENUE, FORMERLY CALLED GRAND AVENUE IN THE
CITY OF SANTA ANA.
CA 14
WEED ABATEMENT HEARING
WARREN L. ROGERS
CONTINUED
for a continuance to August 2, 1976,
Evans, seconded by Councilman Brandt,
carried
lng.
After being advised by
Clerk of the Council
Florence Malone that
Mr. Rogers had asked
the motion by Councilman
to grant the continuance
with Mayor Garthe and Councilman Ortiz dissent-
CA 11
O~AL COMMUNICATION On the recommendation
ANNEXATION LITIGATION - TUSTIN of City Attorney Keith
NO APPEAL Gow, Councilman Evans
"' moved to discontinue
any further action in the matter of the Local Agency Forma-
tion Commission~- Tustin litigation relative to Tustin's
annexation of the Marine Corps Air Station (H). The motion
was seconded by Councilman Brandt, and carried unanimously
C7:0). CA 139
CA 94
CITY COUNCIL MINUTES 258 JULY 6, 1976
ORAL COMMUNICATION Councilman Bricken asked
LIONETTE GAMES that Staff make some
improvement in the sound
system at the Municipal
Stadium for the Lionette Games, and that they make some provi-
sion for additional bullpen area. CA 52.8
ORAL COMMUNICATION Mayor Garthe announced
L. A. BICENTENNIAL PROGRAM that he had been very
LETTER OF CONGRATULATIONS favorably impressed
with the "I Love America"
pageant on television; that the program was so outstanding he
asked Council to join him in writing a letter of congratulations.
On the unanimously approved motion (7:0) of Councilman Yamamoto,
seconded by Councilman Brandt, the Mayor was directed to write
a letter to the Los Angeles School District commending the
program. CA 73B
ORAL COMMUNICATION City Manager Bruce
COUNTY COMMERCIAL TV STATION Spragg announced that
RESOLUTION OF ENDORSEMENT a commercial television
station may be available.
Mayor Garthe reconunended that the City take a leading role in
endorsing a station for Orange County, and suggested a resolu-
tion asking other Orange County cities to support the effort
to acquire a station for Orange County. CA 155.5
ADJOURNMENT At 9:50 P.M., on the
unanimously approved
(7:0) motion of Council-
man Ward, seconded by
Councilman Evans, the meeting was adjourned to Saturday, July 10,
1976 at 8:00 A.M. in Room 851, City Hall, 20 Civic Center Plaza.
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES 259 JULY 6, 1976