HomeMy WebLinkAbout09-07-1976MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
September 7, 1976
The meeting was called to order by Mayor. John Garthe at 2:00
P.M. in the Council Chambers, 22 Civic Center Plaza. The
following Council members were present: David F. Ortiz,
Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James
E. Ward and Mayor Garthe. Councilman Gordon Bricken was
absent. Also present were the following members of Staff:
City Manager Bruce C. Spragg, City Attorney Keith L. Gow,
Public Works Director John E. Stevens, Planning Director
Charles Zimmerman, and Clerk of the Council Florence I.
Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
man Brandt.
Following the Pledge
of Allegiance to the
Flag, the Invocation
was given by Council-
SPECIAL PRESENTATION Mr. Robert Blaustone
BICENTENNIAL PROGRAM stated that he was
"GEORGE M" PROCEEDS present to extend many
thanks and deep appre-
ciation for the Council's assistance in helping with the
Bicentennial Production of "George M". He presented to the
City a program signed by the cast, and a framed picture of
Mayor Garthe presenting~a key. to the City to'the star of the
show, Ken Berry. He continued by stating that the show was
an unqualified success, and presented the Mayor with a check
for $4,280. The Mayor received the check on behalf of the
City, saying that the show was one of the nicest Bicentennial
programs presented. CA 73A
CA 42.5
RECESS - SPECIAL MEETINGS At 2:05 P.M. Council
HOUSING AUTHORITY & recessed to convene
REDEVELOPMENT AGENCY the speci, al meeting
of the Housing Authority;
Council reconvened at 2:07 P.M. and immediately recessed to
convene the special meeting of the Community Redevelopment
Agency. The Council meeting reconvened at 2:10 P.M. with
the same members present.
CONSENT CALENDAR
ITEMS REMOVED & ADDED
DISSENTING VOTES
Councilman Yamamoto and Item
Mayor Garthe added Item 3 C.
tered by Councilman Ward
man Evans on Item 3 B.
The following items
were removed from
the Consent Calendar:
Item 4 B requested by
11 requested by Councilman Ward.
Dissenting votes were regis-
on Items 7 C and 12, and by Council-
CONSENT CALENDAR
STAFF RECOMMENDATIONS
APPROVED
man Brandt, Council affirmed the
following Consent Calendar items
On the unanimously
approved motion of
Councilman Ward,
seconded by Council-
recommended action on the
(6:0):
CITY COUNCIL MINUTES
331
SEPTEMBER 7, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
MINUTES
August 24, 1976,
August $0, 1976.
and
Approved the Minutes
of the Regular Meet-
ings of August 16 and
the Special Meeting of
BID CALLS
ment for bids on the
Approved plans and
specifications and
authorized advertise-
following:
SPEC'~6~029 - Three Motor Scoote'rs.
PROJECT 7072 Remodeling of Bowers
Museum Educational Center. (Bunnell Village)
PROJECT 1372 Construct Bear
Street and Raitt Street Crossings
at Southern Pacific Transportation
Company's Tracks.
PROJECT 8097
Center.
Command & Control
Approved plans and specifications and authorized
advertisement for bids; authorized informal bid-
ding and award of contract to the lowest respons-
ible bidder due to urgent necessity for the follow-
ing portion of Project 8097:
PROJECT 8097A - Command & Control
Center, Installation of Main A.C.
Power to Police Building.
BID AWARDS
bidder:
Awarded the following
on the basis of lowest
responsible and best
SPEC 767-111 - Annual Requirements for
Asbestos Cement Pipe; awarded to Hanson
Pipe & Supply Company, Santa Ana, for
approximate annual amount of $150,000.
PROJECT 8082 Construct Bike Trail along
North Side MacArthur Boulevard - Santa
Ana River to Susan Street & North side
Alton Avenue - Susan Street to Bristol
Street; awarded to Certified General
Engineering Contractors, Inc., Orange,
in the amount of $131,320.26. Councilman
Evans registered a NO vote. (Agenda Item
3B)
PROJECT 1362 - Widen Seventeenth from
Olive Street to Ross; awarded to Griffith
Company, Long Beach, in the total amount
of $143,825.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed
Staff report of the
following:
CA 89
CA 89
CA 89
CITY COUNCIL MINUTES
332
SEPTEMBER 7, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
DURON, Theodore O. 2317 "B" West
First Street - Original - Type "20"
Off Sale Beer & Wine.
THE KROGER CO. 2727 No. Grand -
Person to Person Transfer - Type "21",
Off Sale General.
MIDDLETON, Robert H. 509 South
Harbor - Person to Person Transfer
Type "20", Off Sale Beer & Wine.
YUM, 'Duk Soo - 2429 W. McFadden
Avenue - Original - Type "20", Off
Sale Beer & Wine.
CONDITIONAL USE
PERMIT
on the following:
Approved and filed
Negative Declaration
and Finding of Fact
NEGATIVE DECLARATION & CUP 76-15
Filed by William T. Sturgis to
permit a duplex subdivision at
3310 S. Greenville Street in the
R 2-PRD District.
TENTATIVE PARCEL & Approved and filed
TRACT MAPS Negative Declarations
and approved the
following subject to conditions contained in
Planning Director's reports; waived alley require-
ment on Map #974:
NEGATIVE DECLARATION & TENTATIVE PARCEL
MAP #969 - Filed by Dale Mersereau
creating two Mi parcels; both proposed
parcels to be used for industrial pur-
poses; located generally at the north-
east corner of Harvard and Susan Streets.
NEGATIVE DECLARATION & TENTATIVE PARCEL
MAP #974 - Filed by C. J. Segerstrom
and Sons creating six M 1 parcels; all
proposed parcels to be used for indus-
trial purposes; located generally on
the east side of Harbor Boulevard,
approximately 360 feet south of Warner
Avenue.
NEGATIVE DECLARATION & TENTATIVE TRACT
MAP #9444 Filed by Alphin Child Cor-
poration creating 25 R2-PRD lots; all
proposed lots to be used for residential
purposes; located generally on the south-
west corner of Alton Avenue and Greenville
Streets. Councilman Ward registered a
NO vote. Agenda Item 7 C)
FINAL TRACT MAP Approved the following
map, accepted the dedica-
tions thereon, and the
bonds in the amounts set, and authorized execution
of the subdivision agreement:
CA 146
CA 13.1
CA 25
CA 25
CA 24
CITY COUNCIL MINUTES 333 SEPTEMBER 7, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued
MAP NO. 9216 - West side of Cascade
Street at Washington Avenue; 17 lots.
CA 24
COMPLETION OF
IMPROVEMENTS
bonds on the following:
Authorized release of
performance, monument,
labor and material
TRACT 8462 - South side of Segerstrom
Avenue at Bear Street.
CA 24
AGREEMENTS
Mayor and Clerk
Approved the purchase
pri. ce of $10.00 per
parcel; and authorized
to execute the following:
TAX COLLECTOR'S SALE NO. 1119,
AP 1-121-44 & AP 101-331-26 -
Between the Orange County Flood
Control District and the California
State Controller for the District's
purchase of land located in the City.
A-76-85
Approved the following agreements and authorized
their execution by the Mayor and Clerk:
JOINT OCCUPANCY USE - Between City and
Southern California Edison Company for
occupancy and use of Lyon Street.
Councilman Ward registered a NO vote.
(Agenda Item 12 B)
A-76-86
USE OF PROPERTY - Between City and
Aeromil Engineering to hold two prop-
erties as a single parcel to satisfy
Building Codes.
A-76-87
COOPERATIVE AGREEMENT FOR TRAFFIC
SIGNAL MODIFICATION - Between City
and County for reimbursement by County
of costs incurred in the modification
of a traffic signal at the intersection
of Seventeenth Street and Tustin Avenue.
A-76-88
SECTION 230, FEDERAL-AID SAFER ROADS
DEMONSTRATION PROJECT - Between City
and California Department of Transpor-
tation (CALTRANS) for cost participation
(City 10%, State 90%) on-spot improve-
ment projects of local streets.
A-76-89
LIABILITY CLAIMS
1976, to Administration.
Referred Claims
received August 11,
1976 through August
31,
CA 65.7b
COUNCIL REFERRAL
SUMMARY
Council.
Received and filed the
report of matters
referred to Staff by
CA 80.2
PROCLAMATIONS
from August 11
to August
Received and filed the
report of proclamations
issued by the Mayor
31, 1976.
CA 46
CONSENT CALENDAR FINIS
CITY COUNCIL MINUTES 334 SEPTEMBER 7, 1976
ALCOHOLIC BEVERAGE The Staff report of
LICENSE APPLICATION the following Applica-
GOMEZ APPROVED tion was received and
filed on the unanimously
approved (6:0) motion of Councilman Ortiz, seconded by Coun-.
cilman Evans:
GOMEZ, Herminio - 300 North Main
Street - Person to Person Transfer -
Type "41", On Sale Beer & Wine (Bona
Fide Public Eating Place). (Agenda
Item 4 B)
CA 146
SURPLUS PROPERTY 76-7 Surplus Property Report
THORNTON PARK SITE No. 76-7 was approved
APPROVED and the sale of the
vacant land at a public
auction for all cash at a minimum bid of $91,732, subject to
conditions in the Report, was authorized, on motion of Council-
man Ward, seconded by Councilman Brandt, and carried (5:1),
with Councilman Evans dissenting:
SURPLUS PROPERTY REPORT #76-7 - West 85
feet of Thornton Park Site; North side of
Segerstrom Avenue, approximately 545 feet
East of Raitt Street; approximately 1.52
acres. (Agenda Item 11)
CA 45
READING WAIVED 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,
on the unanimously approved motion of Councilman Evans, seconded
by Councilman Ward.
ORDINANCE NO. NS-1317 Councilman Evans stated
DOG KENNELS that he had a conflict
REAFFIRMED EXISTING ORDINANCE of interest because of
escrow proceedings under-
taken by his firm for one of the property owners involved, and
he left the Council Chamber.
After listening to the comments of the interested parties and
discussing the matter at length, the existing zoning ordinance
was affirmed, and Staff was directed to aid in negotiations
with the parties to alleviate the problems, on the motion of
Councilman Brandt, seconded by Councilman Ward and carried
unanimously (5:0).
Prior to the motion, Planning Director, Charles Zimmerman,
advised Council that a meeting of the interested parties had
been held on September 7 in the Planning Department to discuss
the noise generated by the dog kennels; that Mr. Sherrer of
Totemtok Kennels is in the process of soundproofing and air
conditioning his buildings and that he has agreed to explore
the possibility of sound barriers with an acoustical engineer.
Speakers on the matter were:
Donald Reese of Reese Development, developer of the
second phase of planned unit development east of the
kennels;
Mr. Ruvalcava, seller of the property for the proposed
"Villa McFadden" kennel;
CITY COUNCIL MINUTES 335 SEPTEMBER 7, 1976
Larry Smith, Alison Co., representing Lyon Street apartments;
Robert Sherrer, owner of Totemtok Kennels;
Sondra Garrison, operator of proposed "Villa McFadden kennel.
Mr. Reese referred to the petition submitted to the Council
containin$ the names of 80 apartment house dwellers who objected
to the no~se from the kennel and objected to the expansion of
the kennel. Mr. Smith had a similar position against expansion
of the "nuisance". Mr, Ruvalcava's property is in escrow for
future use as a kennel by Ms. Garrison, who desires to house
her show dogs which requires a kennel license. Robert Sherrer,
owner of Totemtok, restated his intention to work with an
acoustical engineer to reduce the noise. CA 95
Councilman Evans returned to the Council Chamber.
ORDINANCE NS-1318 - PLANNING
COMMISSION LEAVES OF ABSENCE
ADOPTED
(6:0) motion of Councilman Brandt,
The following ordinance
was placed on second
reading and adopted, on
the unanimously carried
seconded by Councilman Ward:
ORDINANCE NO. NS-1318 - AN ORDINANCE OF THE CITY
OF SANTA ANA AMENDING SECTION 2-352 OF THE SANTA
ANA MUNICIPAL CODE TO ENABLE THE COUNCIL TO
AUTHORIZE LEAVES OF ABSENCE FOR MEMBERS OF THE
PLANNING COMMISSION.
On the unanimously approved (6:0) motion of Councilman Brandt,
seconded by Councilman Evans, Staff was authorized to report
to Council after 90 days of a leave of absence granted. CA 78.1
RESOLUTION 76-105 - VA 76-38
APPEAL 368 - CLASSIC DEVELOPMENT
ADOPTED
cilman Brandt. Councilman Evans
from voting because they had not
hearing on the matter held on August 16,
The following resolution
was adopted (4:0), on
the motion of Councilman
Ward, seconded by Coun-
and Mayor Garthe abstained
been present for the public
1976:
RESOLUTION NO. 76-105 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE
ACTION OF THE PLANNING COMMISSION ON VARIANCE
APPLICATION NO. 76-38, DENYING SAID VARIANCE APPLI-
CATION, AND DENYING APPEAL NO. 368 FILED THEREON BY
CLASSIC DEVELOPMENT CORPORATION.
CA 13.3
RESOLUTION 76-106
PERS CONTRACT AMENDMENT
ADOPTED
and carried unanimously (6:0):
Councilman Evans' motion
to adopt the following
resolution was seconded
by Councilman Brandt,
RESOLUTION NO. 76-106 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS
INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SANTA
ANA. (Military Service Credit for Retirement)
CA 50.20
RESOLUTION NO. 76-110
NARCOTICS INDEX GRANT
ADOPTED
man Evans, seconded by
The following resolution
was adopted on the
unanimously carried
(6:0) motion of Council-
Councilman Brandt:
CITY COUNCIL MINUTES 336 SEPTEMBER 7, 1976
RESOLUTION NO. 76-110 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING AN
APPLICATION FOR GRANT FOR ORANGE COUNTY NARCOTICS
INDEX, CALIFORNIA COUNCIL ON CRIMINAL JUSTICE AND
AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF
SANTA ANA TO EXECUTE ALL DOCUMENTS PERTINENT THERETO.
RESOLUTION NO. 76-113
INTER-COUNTY AIRPORT AUTHORITY
ADOPTED
CA i12.6b
CA 47
Council adopted the
following resolution
unanimously (6:0),
on the motion of Coun-
cilman Evans, seconded by Councilman Brandt:
RESOLUTION NO. 76-113 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE
INTER-COUNTY AIRPORT AUTHORITY TO PREPARE AND
FILE GRANT APPLICATIONS FOR AIRPORT STUDIES.
CA 98.2
SALES IN CITY PARKS
APPROVED
(6:0) unanimously, approval of sales
were granted on the following:
On the motion of
Councilman Evans,
seconded by Councilman
Ortiz and carried
and waiver of fees
Request dated August 31, 1976 by Mrs. Carmen
Cornejo, Director of Delhi Center for Permit
to sell food, handmade articles and refreshments
and to operate game booths in Delhi Park; and
to waive fee for use of City carnival booths
and Showmobile for a fund raising activity for
Delhi Center Programs, to be held September 25
and 26, 1976, from 12:00 Noon to 8:00 P.M.
Request dated August 23, 1976, from United Christians
for permit to sell pancake breakfast tickets at the
site of the breakfast in Memorial Park, September 18,
1976, from 7:00 A.M. to 12:00 Noon.
The foregoing motion included ratification of Staff approval
of the following:
Request from Csaba Szilagyi to accept donations
in support.of the Muscular Dystrophy Society
during a record-breaking volleyball game to be
conducted in Cabrillo Park, August 31 through
September 5, 1976.
CA 45.1
CALTRANS LANDSCAPING PROGRAM A letter dated
FILED August 13, 1976,
from California
Department of Trans-
portation, describing the following proposed landscape
projects included in the 1976 six-year Highway Program for
the City, was received and filed on motion of Councilman
evans, seconded by Councilman Brandt, and carried (6:0)
unanimously:
Route 55 from 0.1 mile south of Main Street to
Route 5 - portions Stage I
Route 55 from Main Street overcrossing to Fair-
haven Avenue - Stage II
CA 113.5
CITY COUNCIL MINUTES 337 SEPTEMBER 7, 1976
CRIMINAL JUSTICE A request dated
SYSTEM REFORM August 17, 1976, from
REFERRED the City of Commerce,
asking for a statement
of support of reform of the Criminal Justice System was
referred to Staff for report and recommendation on the motion
of Councilman Evans, seconded by Councilman Ward, and carried
unanimously (6:0). CA 113
PARAMEDIC PROPOSALS - COUNTY In response to the
POSITION AGAINST COUNTY-WIDE request dated
SERVICE TAX AREA August 16, 1976, from
the Ad Hoc Paramedics
Committee of the Orange County League of Cities, a policy
in opposition to the establishment of a County-wide service
tax area for paramedic service was affirmed, on the motion
of Councilman Brandt, seconded by Councilman Evans and
carried (6:0) unanimously. CA 148.1
CA 64.2
Councilman Brandt stated that service to all County residents
is being provided under the present system, and Councilman
Evans expressed disapproval of the proposed makeup of the
governing board for the special taxing district.
EASEMENT FOR STREET PURPOSES The request of Hall &
TRACT 9046 Foreman, Inc. dated
REFERRED August 30, 1976, for
City acquisition by
condemnation of a five foot easement from the Santa Ana
Unified School District for use as a street~ and bicycle trail
in connection with the development of Tract 9046 was referred
to Staff for report and recommendation on the unanimously
approved (6:0) motion of Councilman Evans, seconded by Council-
man Brandt. CA 71
PARKING AT MUNICIPAL STADIUM As recommended in the
COUNCIL REFERRAL ITEM NO. 17-76 Assistant City Manager's
APPROVED; DELETED report dated July 15,
1976, a policy of free
parking in the Civic Center parking lots for municipal stadium
events during evening, weekend and holiday periods was affirmed
and Council Referral Item No. 17-76 was deleted on the motion
of Councilman Evans, seconded by Councilman Ward and carried
(6:0) unanimously. CA 52.8
CA 77.5
GOLDEN CITY AWARDS PROGRAM The Golden City Awards
APPROPRIATION ADJUSTMENT #5 Program as outlined by
APPROVED Public Information
Officer, Frank Blaszcak,
was approved, and Appropriation Adjustment #5 transferring
$960 from Council Contingency to implement the Program was
approved on the motion of Councilman Evans, seconded by
Councilman Brandt, and carried (5:1), with Councilman Ortiz
dissenting. CA ~5.3
CA 151.1
COM~IUNITY BLOCK GRANT FUNDS Consideration of the
REALLOCATION TO WAFFLE HOUSE reallocation of $4,107
CONTINUED of Community Block
Grant Funds to the
historical preservation of the Howe-Waffle House was continued
to September 20, 1976, on the motion of Councilman Evans,
seconded by Councilman Ward, and carried (5:1), with Council-
man Yamamoto dissenting.
CITY COUNCIL MINUTES 338 SEPTEMBER 7, 1976
A previous motion to approve the reallocation made by Councilman
Brandt, and seconded by Councilman Ward failed to carry on a
tie vote (3:3), with Councilmen Evans, Yamamoto and Ortiz
dissenting. CA 85.1d
CA 140.20
FIRE PROTECTION MASTER PLAN Fire Chief B. J. Thompson
ORAL REPORT BY FIRE CHIEF made a brief oral pre-
sentation to acquaint the
Council with the pre-
liminary plans being formulated for the development of the Fire
Protection Master Plan; he stated he would appreciate any input
the Councilmen would care to make. CA 64
AUDIENCE MEASUREMENT FIRM PRACTICES An interim report dated
INTERIM REPORT August 31, 1976, prepared
FILED by the City Attorney's
office was received and
filed on the unanimously approved motion of Councilman Evans,
seconded by Councilman Brandt. (6:0) CA 153.3
CETA TITLE I MANPOWER PROJECTS Prior to a discussion of
AMENDED PLAN - APPROVED this matter, Councilman
CONTRACTS - APPROVED Brandt stated that in
his position as an
Orange County School Board Member, he would have a conflict
of interest and he left the Council Chambers.
On the motion of Councilman Evans; seconded by Councilman Ward
and carried (5:0) unanimously, the Council:
Approved CETA Title I Plan as amended for Federal
Fiscal Year 1977 beginning October 1, 1976 and
ending September 30, 1977;
Authorized the Mayor to execute CETA Title I
contract for $947,303 with Orange County Manpower
Commission;
A-76-91
Authorized the Mayor to execute a contract with
Rancho Santiago Community College District for
recruitment Center Component; and
A- 76-92
Allocated $216,885 unexpended funds for programs
beginning October 1, 1976, as detailed in the
report dated August 27, 1976, from Manpower Project
Coordinator.
CA 131.11
Councilman Brandt returned to the Council meeting.
HEALTH SERVICES AGREEMENT On the motion of
APPROVED; RES. 76-112 ADOPTED Councilman Evans,
ORDINANCE NS-1321 - FIRST READING seconded by Councilman
Ward and carried (6:0)
unanimously, Council acted to do the following:
Approved the City-County Health Services Agreement
between the City and County for the period beginning
September 1, 1976, to June 30, 1981, to provide
health inspections relating to the enforcement of
City ordinances;
A-76-90
Adopted the following resolution: RESOLUTION
NO. 76-112 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING HEALTH
SERVICE FEES;
CITY COUNCIL MINUTES 339 SEPTEMBER 7, 1976
Placed the following ordinance on first reading:
ORDINANCE NO. NS-1321 - AN ORDINANCE OF THE CITY
OF SANTA ANA ADDING SECTIONS 12-44 AND 18-421 AND
AMENDING SECTIONS 22-7 AND 22-12 OF THE SANTA ANA
MINICIPAL CODE TO PROVIDE FOR HEALTH SERVICES
FEES FOR INSPECTIONS BY THE COUNTY HEALTH OFFICER
OF PEEP SHOW ESTABLISHMENTS, TATTOO PARLORS, AND
MASSAGE PARLORS.
CA 91
CA 149
USE OF CORBIN CENTER BY NAACP As recommended in the
REFERRAL ITEM NO. 26-76 report dated August 30,
APPROVED; FILED; DELETED 1976, prepared by
Peter A. Grams, use
of office area "A" by the National Association for the
Advancement of Colored People at Corbin Center for the
sum of $23.00 per month was approved; the Staff report on
additional uses of the Corbin building by other organiza-
tions and agencies was received and filed; and Council
Referral Item No. 26-76 was deleted, on the motion of
Councilman Evans, seconded by Councilman Brandt, and carried
(6:0) unanimously. CA 131.6
RENAMING OF HARPER PARK Pursuant to the
AS "CAMPESINO PARK" report dated August 26,
APPROVED 1976, prepared by
Eugene Laumeister,
Recreation Superintendent, and the recommendation of the
Board of Recreation and Parks, the renaming of Harper Street
Park as "Campesino Park" was approved on the motion of
Councilman Ward, seconded by Councilman Yamamoto, and car-
ried (5:1), with Councilman Evans dissenting. CA 52
AIR POLLUTION EPISODES AS recommended by
GOVERNMENT EMERGENCY PLAN the Disaster Coordina-
APPROVED tor, Roy M. Ingalls,
in his report dated
August 23, 1976, revised OPLAN 8 - Air Pollution Episodes
For City Government was adopted as an element of the City's
Emergency Plan, on the motion of Councilman Ward, seconded
by Councilman Evans and carried (6:0) unanimously. CA 144
CA 145.6
BURGLARY PREVENTION PROGRAM
APPROPRIATION ADJUSTMENT #19
APPROVED
and the City's cash match for the
through Target Hardening Program
Appropriation Adjust-
ment #19 establishing
accounts for disburse-
ment df Grant Funds
Burglary Prevention
(cash match of $4,135)
was approved, on the motion of Councilman Evans, seconded
by Councilman Ward, and carried (6:0) unanimously. CA 65.3
A-76-76
TITLE I OF PUBLIC WORKS The filing of a grant
EMPLOYMENT ACT OF 1976 application for funds
APPLICATION AUTHORIZED under Title I, Public
Employment Act of 1976,
for projects which will satisfy federal guidelines for fund-
ing was authorized, on the motion of Councilman Ward, seconded
by Councilman Yamamoto, and carried (5:1), with Councilman
Evans dissenting. CA 99
ORAL COMMUNICATION
OCTOBER COUNCIL MEETING
SET FOR OCTOBER 26
DATE
Due to the absence
of Councilmen attending
the League of Cities
CITY COUNCIL MINUTES 340 SEPTEMBER 7, 1976
Conference October 17 - 20, 1976, the second Council meeting
of the month has been rescheduled for October 26, 1976, in
tandem with the regularly scheduled Community Redevelopment
Agency meeting and third Council meeting, by informal unanimous
consent of the Councilmen present. CA 80
ORAL COMMUNICATION Mr. William Hime of
WILLIAM HIME 4602 E1 Don Place,
Santa Ana, delivered
a letter to each
Councilman concerning a matter he considers unresolved, and
asked that he receive a response. CA 151.21
CA 87
ORAL COM~IUNICATION A joint study session
STUDY SESSION - TRAC with Dr. Pete Fielding
SET FOR SEPTEMBER 28 and the Transportation
Advisory Committee to
consider a Policy Plan for Transportation Improvement was
set for September 28, at 5:00 P.M. in the Council Chambers.
CA 29.10a
ORAL COMMUNICATION Mr. Raymond Villa,
OPERATION SER PROGRESS REPORT Executive Director of
RAY VILLA Operation SER, sub-
mitted a progress
report and thanked Council for approving the funding for the
continuance of the program. CA 140.9
ORAL COMMUNICATION Staff reported that an
ALMA FIESTA & PARADE application for Use of
WAIVER OF FEE APPROVED Public Property had
been received for a
parade to celebrate Mexican Independence Day on September 12,
1976, accompanied by a request for waiver of the $300 fee.
On the motion of Councilman Brandt, seconded by Councilman
Evans, and carried (5:1), with Councilman Yamamoto dissentin, g, a
waiver was granted to the Assistance League of Mexican Ameri-
cans for the event. CA 45.1
ORAL COMMUNICATION Gerry Dremin, 17172
REQUEST FOR RECLASSIFICATION Barcelona, Huntington
GERRY DREMIN - LIBRARY EMPLOYEE Beach, an employee of
the Santa Ana Library,
citing Council's past denial of the request made by the
Library for reclassification of a number of its employees,
stated that she had been working above her classification
for some time and respectfully requested that Council recon-
sider the reclassification request made on her behalf by
the Library. CA
50.1
ORAL COMMUNICATION
USE OF CORBIN CENTER BY NAACP
CLINT ROGERS
Clint Rogers, requested waiver of the
rental fee for the use of Room "A" of
by the NAACP.
Orange County
President ok- the
National Association
for the Advancement
of Colored People,
$23.00 per month
the Corbin Center
CA 131.6
RECESS At 4:07 P.M. Mayor
EXECUTIVE SESSION Garthe recessed the
meeting for an Execu-
tive session to
consider legal matters; the meeting reconvened at 5:00 P.M.
and immediately recessed for dinner at the Ancient Mariner.
CITY COUNCIL MINUTES
341 SEPTEMBER 7, 1976
Councilman Evans did not return following the Executive
Session.
PLEDGE OF ALLEGIANCE The Council meeting
INVOCATION reconvened in the
Council Chambers at
7:30 P.M. with
Councilmen Evans, Yamamoto and Bricken absent. Following
the Pledge of Allegiance to the Flag, the Invocation was
given by Councilman Brandt.
CERTIFICATE OF APPRECIATION Mr. Richard Kopel,
RICHARD KOPEL a retiring member of
CIVIC CENTER COMMISSION the Civic Center
Commission, was
honored with a presentation of a permaplaqued Certificate
of Appreciation for his outstanding contribution to Santa
Ana. The presentation was made by.Mayor Garthe. CA 77.3
PROCLAMATION The Mayor's Proclama-
CONSTITUTION WEEK tion declaring the
observance of
"Constitution Week"
was presented by Councilman Brandt to Mr. Jess Hawkins of
the Orange County Committee on Constitution Observance. CA 73B
NORTHEAST LITTLE LEAGUE Councilman Ward
RECOGNITION AS introduced the
DIVISION I1 CHAMPIONS members, the coach
and the manager of
the Northeast Santa Ana Little League team, and announced
that the City Council wished to award each member with a
recognition of his effort from the City of Santa Ana.
Councilman Ward presented trophy mounted baseballs auto-
graphed by Councilmen stating that Santa is very proud of
its Southern California Division II Champion Little League
team. Each Councilman was presented with a Northeast Little
League baseball cap by the team. CA 73A
CA 73B
AGENDA ORDER Mayor Garthe announced
APPEAL NO. 369 - VA 76-32 that Item 72 on the
WITHDRAWN evening Agenda would
be deleted because the
Appellant had notified the Clerk of the Council by letter
that the Appeal is withdrawn. CA 13.3
AGENDA ORDER - CONDEMNATIONS Mayor Garthe announced
1701 N. LINWOOD & 5428 W. 5TH that condemnation pro-
CONTINUED TO SEPTEMBER 20 cedure requires a
two-thirds vote of
the Council or five affirmative votes; that there being only
four Councilmen present a motion to continue Items 73 and 74
on the Agenda pertaining to condemnations would be in order.
On the motion of Councilman Ward, seconded by Councilman
Brandt, and carried (4:0) unanimously, the consideration of
condemnations of property on the north side of Seventeenth
Street between Santiago and Wright Streets (1701 N. Linwood),
and 5428 West Fifth Street for Silver Acres Assessment Dis-
trict Right of Way (3 parcels), were continued to Septem-
ber 20, 1976. There were no responses from the property
owners to this action. CA 71
CITY COUNCIL MINUTES 342 SEPTEMBER 7, 1976
AGENDA ORDER Mayor Garthe announced
HRC RECOMMENDATIONS that with respect to
ILLEGAL ALIEN POLICY Item 80 on the Agenda
that a public hearing
had been held before the Human Relations Commission; that the
Commission is here to present its findings and recommendations
to the Council regarding the Police Department Illegal Alien
Policy and that the Council is not holding a public hearing
on this matter tonight.
The procedure for tonight's action as follows, moved by Coun-
cilman Brandt, seconded by Councilman Ortiz, was approved on
a (4:0) unanimous vote:
The Council will listen to the report and recommenda-
tion of the Human Relations Commission;
The Council invites additional written comment to be
submitted within ten days for Council consideration;
The Council decision is continued to September 20,
1976.
CA 131.1
PUBLIC HEARING - RES. 76-107 Mayor Garthe announced
WATER RATE STUDY FOR 1976-77 that this was the time
ADOPTED and place for the
public hearing of the
Water Rate Study for 1976-77 proposing increases in water
rates and water main and service installation fees, all to
be effective October 1, 1976.
John Stevens, Public Works Director, stated that in accordance
with the Council's desire to review the water rates annually
so that water rates can be adjusted without large.increases,
the Water Rate Study for 1976-77 is presented for consideration;
that in order to raise the $158,000 necessary for the program
operation, but not budgeted, an average 7.4% increase in rates
is required; that the increase will not affect the 7,600
residents who are on the lifeline rate of $5.40 per month who
use 1,500 cubic feet per two month billing period or less;
that the rates for other users will be raised in a manner to
try to bring the high end and the low end ~ogether so that it
will be a more equitable water rate for the user; that the
average residential customer's raise will be from $6.95 to
$7.00 per month; and that the proposed rate will keep Santa
Ana's rate below the average rate of the County's seven
largest cities.
The Clerk of the Council reported that there had been no written
communications.
Mayor Garthe asked for speakers to the matter; there were
none and the Mayor closed the public hearing.
Councilman Brandt stated that in line with the Council's policy
of user charges and fees, he moved adoption of the following
resolutions. The motion was seconded by Councilman Ward,
and carried (4:0) unanimously:
RESOLUTION NO. 76-107 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA FIXING CHARGES
FOR THE INSTALLATION OF NEW WATERMAINS AND FRONT
FOOTAGE CHARGES FOR CONNECTION TO EXISTING WATER
MAINS FOR WHICH NO PAYMENT HAS PREVIOUSLY BEEN
MADE AND REPEALING RESOLUTION NO. 75-117.
CITY COUNCIL MINUTES 343 SEPTEMBER 7, 1976
RESOLUTION NO. 76-108 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA FIXING CHARGES
FOR WATER SERVICE INSTALLATION AND REPEALING
RESOLUTION NO. 75-118.
RESOLUTION NO. 76-109 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA FIXING WATER
RATES AND STAND-BY SERVICE CHARGES AND REPEALING
RESOLUTION NO. 75-119.
CA 12.2
PUBLIC HEARING Mayor Garthe announced
AMENDMENT APPLICATION 744 that this was the time
ORDINANCE NS-1320 - FIRST READING and place for the
public hearing of the
Negative Declaration and Amendment Application No. 744
initiated by the property owner to rezone property generally
located on the north side of McFadden Avenue between Harbor
Boulevard and Newhope Street from the C 4 District to the
R 1 District.
Charles Zimmerman, Planning Director, stated that Variance
Application 76-9 was approved on March 23, 1976 containing
a condition requiring a rezoning of the property from C 4
to R 1; that a public hearing to rezone was held by the
Planning Commission on August 9 and received its approval;
that the Tract 9250 indicates the development of 3.2 acres
as single family residences; and that there has been no
opposition to the proposed zone change.
Mr. Norm Haney, of Ponderosa Homes,
Irvine, stated he was available to
ing the proposed use.
2082 Business Center Drive,
answer any questions regard-
Following the Mayor's request for any further speakers, there
being no response, the Mayor closed the public hearing.
On the motion of Councilman Ward, seconded by Councilman
Brandt and carried (4:0) unanimously, the Negative Declara-
tion was approved and filed and the following ordinance was
placed on first reading:
ORDINANCE NO. NS-1320 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
744 FILED BY ELIAS JOHN GARCIA REZONING PROPERTY
FROM THE C 4 (PLANNED SHOPPING CENTER) DISTRICT
TO THE R 1 (SINGLE FAMILY RESIDENCE) DISTRICT
AND AMENDING SECTIONAL DISTRICT MAP 16-5-10.
CA 10
REPORT & RECOMMENDATION - HRC Mayor Garthe called
RECEIVED; ILLEGAL ALIEN on Mr. Zeke Hernandez,
POLICY - CONTINUED Chairman of the Santa
Ana Human Relations
Commission to comment on the Commission's report and recom-
mendation. Mr. Hernandez reported that three viewpoints
were prepared regarding Santa Ana Police Department Order
No. 23A, Draft #8; that the vote of the HRC on Viewpoint I
unqualified approv.al of the Policy - was 0-11 against the
position; the vote on Viewpoint II qualified approval of
the Policy - was 7:4 in favor of the position; and the vote
on Viewpoint III disapproval of the Policy - was 3:8
against the position; and that the Commission is most con-
cerned with the humanitarian aspects of the policy; and
recommends that a monitoring program be implemented because
of community impact.
Despite the Mayor's announcement earlier in the meeting that
this was not a public hearing, a demand to be heard came
from Ruth Chaidez of the July 31 Coalition. Mayor Garthe
stated that each speaker would have five minutes.
CITY COUNCIL MINUTES 344 SEPTEMBER 7, 1976
The following persons spoke in opposition to the proposed
Police Department Illegal Alien policy:
Ruth Chaidez, 2000 West Walnut
Juan Avila, 1415 S. Poplar
Joel Foss, Socialist Organizing Committee, 1402 Spurgeon
Manuel Gomez, 1214 Karen Lane
Isaac Cardenas, 2517 East Santa Fe Avenue, Fullerton
Edward Reyes, 503 West Fullerton, Fullerton
Sheldon Maram, 1348 Beechwood', Fuilerton
Melinda Byrd, 18127 Brookhurst, Fountain Valley
David Harrison, 1473 Mariposa, Corona
Robert L. Miller
A1 Amezcua, 1236 South Rosewood
George Dear, 2613 Arnett Drive
The consensus was opposition to any policy directive concerning
"undocumented workers". Specific comments were objections
to statements in the Policy such as, "It is designed to rid
the City of the stigma of being known as a "haven" for illegal
aliens " ("smacking of racism"); and," that when
an individual is identified as a suspect, or is arrested for
violation of a state or local statute, and there is probable
cause to believe that the person is an illegal alien, the
person shall be lodged in the Orange County Jail for the
appropriate state or local charge and proper notification
of INS . . ." ("requires specific delineation of what consti-
tutes probable cause"). The speakers stated that there may
be unwarranted detention of Mexican-American citizens under
the Policy, resulting in repercussions in the community. Most
of the speakers indicated philosophical opposition to immigra-
tion laws, and particularly with any local assistance in
their enforcement.
Mr. David Harrison filed a "Memorandum of Law", dated
August 3, 1976, from the Orange County Mexican-American
Lawyers Club, Fullerton, opposing the Police Department
Directive.
An action taken earlier in the meeting provided for a con-
tinuance of the decision on this matter until September 20,
1976. CA 131.1
CA 47
ADJOURNMENT
(4:0) motion
Ortiz.
At 9:20 P.M., Mayor
Garthe adjourned the
meeting, on the
unanimously approved
of Councilman Brandt, seconded by Councilman
i:LOR,F. NCE I. MALONE
FLRYRENCB I. MALONE
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES 345 SEPTEMBER 7, 1976