HomeMy WebLinkAbout10-17-1977MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
October 17, 1977
The meeting was called to order at 2:08 P.M. in the City Council
Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans. The
following Council members were present: Gordon Bricken, David
F. Ortiz, Harry K. Yamamoto, David L. Brandt, James E. Ward, John
Garthe, and Mayor Evans. Also present were the following members
of Staff: City Manager Bruce C. Spragg, City Attorney Keith L.
Gow, Assistant City Manager Ronald Wolford, Director of Public
Works John E. Stevens, Senior Planner William Daugherty, and
Clerk of the Council Florence I. Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge of
Allegiance to the Flag,
the Invocation was given
by Councilman Yamamoto.
CONSENT CALENDAR Item 12 B was removed
ITEM REMOVED & from the Consent Calendar
DISSENTING VOTES by Mayor Evans. Dissenting
votes were registered on
Items 4 B, 4 C, 4 E, and 4 G through 4 L, by Councilman Bricken;
on Items 10 and 12 A by Mayor Evans; on Items 4 G and 4 H by Council-
man Brandt; and on Item 5 C by Councilman Ward.
CONSENT CALENDAR On the unanimously carried
STAFF RECOMMENDATIONS 7:0 motion of Councilman
APPROVED Bricken, seconded by
Councilman Ward. Council
approved the recommendations of Staff on the followin~ Consent
Calendar Items:
MINUTES Approved the Minutes of the
Adjourned Regular Meetings
of September 15 and Septem-
ber 21, 1977, and the Regular Meetings of September 19
and September 27, 1977.
BID CALLS
Approved plans and specifica-
tions and authorized advertise-
ment for bids on the following:
SPEC 77-060 One full-size station waRon.
~SPEC 77-063 Two electric car lifts on concrete pads.
SPEC 77-064 Replacement rollrup type ~ara~e door.
SPEC 77-065 One front end alignment machine.
SPEC 77-066 Four 3/4 ton trucks with service bodies
(replacements).
SPEC 77-068 One video tape player, recorder, editor.
SPEC 77-070 Lease of four passenger vehicles.
SPEC 77-072 Power rescue tool.
SPEC 77-073 - Annual requirement for Police uniforms
and accessory items.
CITY COUNCIL MINUTES
365 OCTOBER 17, 1977
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
SPEC 77-074
Lease-purchase of two copy machines.
CA 89
BID AWARDS
Awarded the following on basis
of only responsible bidder:
SPEC 77-034 One bookmobile (replacement); awarded
to Gerstenslager Co., Wooster, Ohio, in the total
amount of $64,794.98.
SPEC 77-054 - Boxing ring; awarded to "Have Ring Will
Travel", Los Angeles, in the total amount of $3,466.20
Awarded the following on basis of lowest responsible and
best bidder:
SPEC 77-041 Twelve month lease of two trucks;
awarded to Carmenita Ford Truck Sales, Inc., Santa Fe
Springs, in the total amount of $15~786.00.
SPEC 77-043 Twelve month lease of eight subcompact
cars and six trucks; awarded to MacHoward Leasing,
Santa Ana, for the total amount of $44,111.41.
SPEC 77-050 - One generator set and accessories;
rejected bid from The Suppliers as being non-responsive
to the specification; awarded to Equipment Service Co.,
Long Beach, in the total amount of $3,627.32.
SPEC 77-052 - Aerial photography of the City of Santa
Ana; awarded to Robert J. Lung & Associates, Inc.,
Newport Beach, in the total amount of $7,462.40.
SPEC 77-053 Central air conditioning for Fire Depart-
ment training room; awarded to D. W. Payne Company dba
E. L. Payne Company, Santa Ana, in the total amount of
$2,654.00.
SPEC 77-055 Printing of Fire Department Master Plan;
awarded to I.A. & E., Inc., Buena Park, in the total
amount of $3,483.16.
PROJECT 2035 - Reconstruct Poinsettia Street from
Washington Avenue to Fourteenth Street; awarded to
A. M. Construction, Whittier, in the total amount of
$10,520.50.
PROJECT 6129 - Stamped pattern concrete in various
areas; awarded to Sullivan Concrete Textures, Pacific
Palisades, in the total amount of $110,001.85.
PROJECT 8123 - Thornton Park playground tot lot; and
PROJECT 6128 - Thornton Park concrete walkway; awarded
to Bayside Builders, Santa Ana, in the total amount of
$78,253.00. CA 89
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed Staff
report of the following:
CEJA, Jose - 116 East 4th Street - Original Type "41"
On Sale Beer and Wine (Bona Fide Public Eating Place).
PROTEST - POLICE (Overconcentration). CA 146.1
CITY COUNCIL MINUTES
366 OCTOBER 17, 1977
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
PERRY, Jack B. 116 North Main Street - Person to
Person and Premises to Premises transfer - Type "21"
Off Sale General. Councilman Bricken registered a NO
vote. (Agenda Item 4 B)
WILSON, Mitchell C. 1802 South Standard - Person
to Person Transfer - Type "41" On Sale Beer and Wine
(Bona Fide Public Eating Place). Councilman Bricken
registered a NO vote. (Agenda Item 4 C) CA 146
ROBERTSON PROPERTIES DEVELOPMENT CORP. 3700 West
McFadden - Original - Type "40" On Sale Beer. PROTEST
PLANNING (Minor Exception required). CA 146.1
GONZALEZ, Rosa L. 1307 South Main Street - Person
to Person Transfer - Type "40" On Sale Beer. Council-
man Bricken registered a NO vote. (Agenda Item 4 B)
CA 146
SALDIVAR, Robert J. and Alicia G. 2333 North Tustin
Avenue - Person to Person Transfer - Type "41" On Sale
Beer and Wine (Bona Fide Public Eating Place) PROTEST
PLANNING (Minor Exception required). CA 146.1
BEARD, David H. 301 West First Street - Original
Type "20" Off Sale Beer and Wine. Councilmen Bricken
and Brandt registered NO votes. (Agenda Item 4 G)
SODA SHOPPES OF CALIFORNIA, INC. - 2407 South Bristol
Original - Type "20" Off Sale Beer and Wine. Council-
men Bricken and Brandt registered NO votes. (Agenda
Item 4 H)
MUELLER, Owen Rodney - 2217 East l?th Street - Original
Type "20" Off Sale Beer and Wine. Councilman Bricken
registered a NO vote. (Agenda Item 4 I)
SLED, Eugene E. and Jean D.- 2510 North Main Street
Original - Type "17" Beer and Wine Wholesaler. Coun-
cilman Bricken registered a NO vote. (Agenda Item 4 J)
LUCAS, Harvey 5019 West Edinger Person to Person
transfer - Type "41" On Sale Beer and Wine (Bona Fide
Public Eating Place). Councilman Bricken registered a
NO vote. (Agenda Item 4 K)
ABBOUD, Gabriel 2720 South Harbor Boulevard - Ori-
ginal - Type "40" On Sale Beer. Councilman Bricken
registered a NO vote. (Agenda Item 4 L) CA 146
FREEMAN. Elba R. 803 South Main Street - Premises
to Premises transfer - Tvoe "42" On Sale Beer and Wine
fPublic Premises]. PROTEST PLANNING fMinor Exceo-
tion reauired]. CA 146.1
NEGATIVE DECLARATIONS
~ VARIANCES
sion on the following:
Aooroved and filed Negative
Declarations and Findings of
Fact bv the Plannin~ Commis-
VA 77-50 - Filed bv Ted D. Martinez to allow three
duolexes with less than 3.000 sauare feet of land area
oer unit at 5501 West Silver Drive in the R2 District.
DENIED.
CITY COUNCIL MINUTES 367
OCTOBER 17, 1977
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
VA 77-53 - Filed by Lehnhardt Corporation to permit
a setback off Edinger Avenue of 94'6" in lieu of the
120' required by the zoning ordinance and to allow
canopy signs at 5011-5015 West Edinger in the C1 Dis-
trict. APPROVED.
VA 77-56 Filed by Kenneth Kubota to allow retail
sales of paint and waive a portion of the required
parking at 2110 East McFadden Avenue in the Mi District
(usage on-site requires 55 parking spaces; 49 are
provided; Applicant is requesting waiver of 6 spaces).
APPROVED. Councilman Ward registered a NO vote.
(Agenda Item 5 C)
VA 77-57 Filed by Warmington Development Company
to allow construction of a restaurant with less than
the required parking at 1350 North Tustin Avenue in
the CD District. (Off-street parking spaces required
are 120; there are 116 provided. .Additional off-street
parking can be provided on the property to the north.)
APPROVED. CA 13
DEEDS NO CASH
GRANTOR CITY
Approved the following deeds
and authorized execution by
Mayor and Clerk:
JOBE, Albert E. and Shirley Ann - South side of Warner
north of Greenville for vehicular access.
ELECTRONIC ENGINEERING COMPANY OF CALIFORNIA - North-
east corner of Chestnut and Grand - relinquishment of
S.A.V.I. easement. CA 155
DEEDS WITH CASH & ESCROW Approved the following deeds
GRANTEE CITY and authorized Mayor to execute
all necessary documents in
connection with the purchases:
ESTEP, William E. and Margaret - West side of Flower
north of Tenth for street and vehicular access.
ZWILLING, Graydon R. and Bernice M. ~ West side of
Flower north of Civic Center Drive for street and
vehicular access.
BATTIN, Robert W. - West side of Flower north of
Tenth for street and vehicular access.
RIEMER, Richard L. and Susan A.
north of Civic Center Drive for
- West side of Flower
street purposes.
CA 155
TENTATIVE PARCEL MAP Approved and filed the Negative
Declaration and approved the
following Map subject to condi-
tions contained in the Planning Director's Report:
PARCEL Y~tP 1024 Filed on September 7, 1977 by Olive
Goings creating two R2 parcels; all proposed parcels
to be used for residential purposes; generally located
on the north side of Hazard, 188 feet west of Bewley
Street. CA 25
CITY COUNCIL MINUTES
368 OCTOBER 17, 1977
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
FINAL.TRACT MAPS Approved the following Maps,
accepted the dedications thereon;
and approved the bonds for
Map 9701 in the amounts set and authorized execution of
the subdivision agreement:
TRACT 9630 - North side of Grant Street at Minnie
Street; 2 lots.
TRACT 9701 - South side of Hazard Avenue at Sheffield
Street; 1 lot. CA 24
COMPLETION OF
IMPROVEMENTS
Authorized r~lease of performance
monument, labor and materials
bonds on the following:
TRACT 8935 - South side of Santa Clara Avenue east of
Tustin Avenue. CA 24
RELOCATION ASSISTANCE Approved the disbursement of
PROGRAM $4,000 to Richard Reynolds as
a relocation benefit to a dis-
placed residential tenant under the provisions of the
Relocation Assistance Program:
PROJECT 1360 - North Flower Street Widening. CA 29.8
Mayor Evans registered a NO vote. (Agenda Item 10)
BOWERS MUSEUM Approved the purchase from
SPECIAL ACCOUNT Herbert Baker, Inc. of an
African tribal mask for
$2,544 for the Bowers Museum collection from Special
Account #93, as recommended by the Museum Board of
Trustees on September 7.
A~roved the ourchase from Dorothy Kello~ of 13 orieinal
hand-tinted lithographs for $3.180 for the Bowers Museum
collection from Special Account #93. as recommended by the
Museum Board of Trustees on Semtember 7. CA 85
AGREEMENT
Approved the following agreement
and authorized its execution by
Mayor and Clerk:
CHARTER AMENDMENTS ELECTION - PUBLIC EDUCATION CON-
SULTING SERVICES - Between City and Braun Campaigns,
Inc. for professional services to provide recommenda-
tions for grouping Charter amendments and for providing
educational information for the voter about the amend-
ments. Mayor Evans registered a NO vote. (Agenda
Item 12 A) A-77-113
BOARDS & COMMISSIONS
recognitions of service:
Accepted the following resigna-
tions with regret and directed
Staff to prepare appropriate
RESIGNATION FROM BOARD OF RECREATION & PARKS - Letter
dated September 20, 1977, from Linda B. Dempsay re-
signing her seat for a term expiring June 30, 1980.
CA 52.2
RESIGNATION FROM HUMAN RELATIONS COMMISSION/HOUSING
ADVISORY COMMISSION - Letter received September 21,
1977, from Linnea Dulak, for a term expiring August 1,
1981. CA 131.2
CITY COUNCIL MINUTES 369
OCTOBER 17, 1977
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
Confirmed the reappointment of Manuel Barron to the Human
Relations Commission/Housing Advisory Commission for a term
ending June 30, 1981. CA 131.2
Received and filed Semi-Annual Attendance Reports filed
by Boards and Commissions. CA 80.9
LIABILITY CLAIMS
Referred to Administration
claims received from Septem-
ber 13 to October 10, 1977.
CA
6s.7b
APPLICATION TO FILE Denied the Application for Leave
LATE CLAIM to File Late Claim received
September 30, 1977 from Louis
Anton Vogel for personal injuries occurring on April 7,
1977. CA 65.7
COUNCIL REFERRAL SUMMARY
Received and filed status
report of matters referred
to Staff by Council. CA 80.2
PROCLAMATIONS
October 10, 1977.
Received and filed report of
Proclamations issued by the
Mayor from September 13 to
CA 46
* * * * * * * * CONSENT CALENDAR FINIS * * * * * * * *
AGREEMENT - JOINT POWERS On the unanimously
BOWERS MUSEUM approved 7:0 motion
APPROVED of Councilman Ward,
seconded by Council-
man Brandt, Council approved the following agreement, with the
addition of the sentence: "This agreement shall terminate
automatically without notice to any party in the event that no
operating memorandum shall be entered into as provided in
Section 15 on or before July 1, 1978.":
BOWERS MUSEUM JOINT POWERS AGREEMENT - Between the City
and the County of Orange for the purpose of creating
the Charles W. Bowers Memorial Museum Authority.
(Agenda Item 12 B) A-77-114
Council authorized execution of the agreement by the Mayor and
Clerk within the foregoing motion. The letter dated October 17,
1977, from James W. Obrien, President of the Bowers Museum
Foundation, supporting the concept of the agreement was received
and filed on the unanimously carried ?:0 motion of Councilman
Garthe, seconded by Councilman Ward.
READING WAIVED
of all ordinances and
on the public Agenda,
Council and the titles of which are read,
by title only, carried unanimously 7:0.
Councilman Brandt's
motion, seconded by
Councilman Garthe,
to waive full reading
resolutions, the titles of which appear
or which otherwise come before this
and to consider
CITY COUNCIL MINUTES
370 OCTOBER 17, 1977
ORDINANCE NO. NS-1387 AN ORDINANCE OF THE CITY
AMENDMENT APPLICATION 771 OF SANTA ANA APPROVING
GRAND & WARNER - ADOPTED AMENDMENT APPLICATION
NO. 771 TO REZONE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF GRAND AND WARNER AVENUES
FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE MI (LIGHT
INDUSTRIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO.
30-5-9 was placed on second reading and adopted by unanimous 7:0
vote, on the motion of Councilman Garthe, seconded by Councilman
Brandt. CA 10
ORDINANCE NO. NS-1388 AN ORDINANCE OF THE CITY
AMENDMENT APPLICATION 773 OF SANTA ANA APPROVING
S. ORANGE AVE. ADOPTED AMENDMENT APPLICATION
NO. 773 TO REZONE PROPERTY
LOCATED AT 500 BLOCK SOUTH ORANGE AVENUE FROM THE Ri (SINGLE
FAMILY RESIDENCE) DISTRICT TO THE R2 (MULTIPLE FAMILY RESIDENCE)
DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 18-S-9 was
placed on second reading and adopted on the motion of Councilman
Brandt, seconded by Councilman Garthe, and carried 7:0 unanimously.
CA 10
RESOLUTION NO. 77-114 A RESOLUTION OF THE CITY
CUP 77-23 - CARE HOME COUNCIL OF THE CITY OF
W. BROOK ST. - ADOPTED SANTA ANA AFFIRMING THE
DECISION OF THE PLANNING
COMMISSION ON CONDITIONAL USE PERMIT NO. 77-23 TO ALLOW A CARE
HOME AT 2801 WEST BROOK STREET IN THE Ri DISTRICT AND APPROVING
SAID CONDITIONAL USE PERMIT, implementing Council action of
October 3, 1977, was adopted on Councilman Bricken's motion,
seconded by Councilman Yamamoto, and carried 4:2, with Council-
man Ward and Mayor Evans dissenting. Councilman Ortiz abstained
because he was not present for the hearing on October 3, 1977.
CA 13.4
RESOLUTION NO. 77-115 A RESOLUTION OF THE CITY
MWD COMPENSATION RATE COUNCIL OF THE CITY OF
ADOPTED SANTA ANA ESTABLISHING
THE RATE OF COMPENSATION
FOR REPRESENTATIVES OF THE CITY TO THE METROPOLITAN WATER DIS-
TRICT was adopted on the motion of Councilman Bricken, seconded
by Councilman Brandt, and carried 6:1, with Councilman Yamamoto
dissenting. CA 12.1
RESOLUTION NO. 77-116 A RESOLUTION OF THE CITY
REVENUE SHARING - ZOO COUNCIL OF THE CITY OF
ADOPTED SANTA ANA APPROVING AMEND-
MENT TO THE REVENUE SHAR-
ING AGREEMENT WITH ORANGE COUNTY WITH RESPECT TO THE DEVELOPMENT
OF PRENTICE PARK ZOO was unanimously adopted 7:0 on Councilman
Brandt's motion, seconded by Councilman Bricken. A-77-115
RESOLUTION NO. 77-117 A RESOLUTION OF THE CITY
HONORING HOWARD W. CROOKE COUNCIL OF THE CITY OF
ADOPTED SANTA ANA HONORING HOWARD
W. CROOKE IN MEMORIAM
was adopted by unanimous 7:0 vote, on the motion of Councilman
Brandt, seconded by Councilman Garthe. Mr. Crooke was the
City representative to the Orange County Water District.
CA 73B; CA 12
CITY COUNCIL MINUTES
371 OCTOBER 17, 1977
RESOLUTION NO. 77-118 A RESOLUTION OF THE CITY
HONORING DR. HORACE W. LEECING COUNCIL OF THE CITY OF
ADOPTED SANTA ANA HONORING DR.
HORACE W. LEECING, AND
EXPRESSING THE APPRECIATION OF THE CITY OF SANTA ANA UPON HIS
RETIREMENT was unanimously 7:0 adopted, on Councilman Garthe's
motion, seconded by Councilman Brandt. Dr. Leecing has been
active in community service in the City for over fifty years.
CA 73B
RESOLUTION NO. 77-119 A RESOLUTION OF THE CITY
PARKING - WASHINGTON AVE. COUNCIL OF THE CITY OF
ADOPTED SANTA ANA PROHIBITING
PARKING ON CERTAIN POR-
TIONS OF WASHINGTON AVENUE was adopted on the motion of Council-
man Garthe, seconded by Councilman Bricken, and carried 7:0
unanimously. CA 18
GARDEN GROVE WATER SYSTEM PURCHASE On the motion of Council-
COST SHARING FORMULA man Garthe, seconded by
REFERRAL 16-77 PURCHASE APPROVED Councilman Brandt,
RESOLUTION REQUESTED carried 5:2, with Council-
man Yamamoto and Mayor
Evans dissenting, a cost sharing formula recommended by
Assistant City Manager Ronald Wolford in his report dated
October 6, 1977 was approved, the City Attorney was directed
to prepare an implementing resolution, and Council Referral
Item No. 16-77 was deleted from the Referral Summary. CA 12
GARDEN GROVE WATER SYSTEM PURCHASE Appropriation Adjustment
SOURCES OF FUNDING - APPROPRIATION No. 34 transferring
ADJUSTMENT 34 - APPROVED $125,670 from General
Capital Outlay-City
Council Contingency to Public Works-Water Division Capital
Extensions to provide additional funds needed for purchase of
1,128 water services from the City of Garden Grove, was
approved on the motion of Councilman Garthe, seconded by Coun-
cilman Ward, and carried 6:1, with Mayor Evans dissenting.
The recommended funding for the purchase of the Garden Grove
Water System serving Santa Ana residents is contained in a
report dated October 12, 1977, prepared by Assistant City
Manager Ronald Wolford. CA 65.3
CABRILLO TENNIS CENTER A comparison of the cost
COURT COST COMPARISON of tennis courts completed
FILED within the last year or
recently bid by other
local agencies prepared by William J. Palethorpe, dated Octo-
ber 10, 1977, at the request of Council, was received and filed
on the motion of Councilman Brandt, seconded by Councilman
GBrthe, and carried 7:0 unanimously. Council requested the
report on September 19. CA 52
AGENDA ORDER With the unanimous
BOOKMOBILE PROGRAM consent of the Council,
DEFERRED Mayor Evans asked that
this matter be discussed
at the end of the afternoon Agenda, when the Library Director
Howard Samuelson, could be present to answer Council questions.
(Minutes Page 375)
CITY COUNCIL MINUTES
372 OCTOBER 17, 1977
AGENDA ORDER -STATUS REPORT With the Council's
TREE WELL MAINTENANCE PROGRAM informal concurrence,
DEFERRED Mayor Evans deferred
the oral report by Robert
E. Gresham, Recreation and Parks Director, concerning tree
well maintenance program, to the end of the afternoon Agenda.
DEANNEXATION REQUEST On the motion of Coun-
REFERRAL ITEM 20-77 - EDINGER cilman Garthe, seconded
APPROVED; RESOLUTION REQUESTED by Councilman Bricken,
carried 6:1, with Mayor
Evans dissenting, the request for consent to detachment of
property located on the north side of Edinger east of the New-
port Freeway from the City limits of Santa Aha submitted by
M. A. Moore, President of Mutual Liquid Gas & Equipment Co.,
~Inc. in a letter dated September 23, 1977 was approved. By
the foregoing motion the City Attorney was instructed to prepare
a resolution consenting to the detachment, and Council Refer-
ral Item No. 20-?? was deleted from the Summary. CA 94
BUILDING SECURITY REGULATIONS A status report dated
CONCIL REFERRAL 14-76 October 10, 1977 pre-
REPORT FILED pared by Estela F.
Gutierrez, on Mandatory
Building Security Regulations, was received and filed on the
motion of Councilman Brandt, seconded by Councilman Bricken,
and carried 7:0 unanimously. CA 87
JOINT PURCHASE OF The concept of a joint
FIRE PROTECTIVE CLOTHING venture with the River-
AGREEMENT AUTHORIZED side County Fire Depart-
ment to purchase protec-
tive turnout clothing for firefighters was approved, and
preparation of an agreement for subsequent Council approval
authorized, on the motion of Councilman Brandt, seconded by
Councilman Garthe, carried 7:0 unanimously. The motion approved
the recommendation of Fire Chief B. J. Thompson in his report
dated October 11, 1977. CA 64
CETA TITLE VI PROJECTS
PROGRESS REPORT - FILED
REALLOCATIONS APPROVED
Manpower Planning, was received and
senting three cancelled projects was
A progress report dated
October 10, 1977 prepared
by Rebecca Everett,
Research Assistant for
filed, and $59,078 repre-
reallocated as follows
on the motion of Councilman Ward, seconded by Councilman
Brandt, and carried 6:1, with Councilman Ortiz dissenting:
Project #66 Pacific Asian American Center: Social Services
Two positions to provide cultural assistance, supportive
counseling in Samoan and Vietnamese languages, and commun-
ication assistance to other public agencies at an estimated
cost of $22,473.
Project #71 Parks Department: Landscape & Irrigation Project
to refurbish landscaped medians on MacArthur Boulevard,
Segerstrom Avenue and Warner Avenue and to upgrade irriga-
tion system at city tree nursery in Centennial Park with
the $36,605 balance of unallocated funds. A-77-73
The cancelled projects were Community Relations Department -
Research Proiect: Garden Grove Unified School District: and
Prema School for Infants.
CITY COUNCIL MINUTES
373 OCTOBER 17. 1977
VEHICLE SALES FROM On the motion of Council-
PARKING LOTS man Garthe, seconded by
ORDINANCE REOUESTED Councilman Ward, carried
7:0 unanimously, Staff
was directed to prepare an ordinance to regulate the display,
sale, hire or rental of vehicles by limitin~ said activities
to only those properties which are licensed and zoned by the City
to transact that type of business at that location. The motion
further directed Staff to refer the ordinance to the Plannin~
Commission for its recommendation to Council.
This action was taken after consideration of the survey, analysis
of the problem and recommendation of the Plannin~ Department in
the report dated October 12, 1977. CA 18.7
A.A. #30 - BURGLARY PREVENTION Appropriation Adjustment
CITIZEN PARTICIPATION No. 30 transferring
APPROVED $11,324 from Burglary
Prevention Grant Funds
and $596 from other Contract Services to Activity accounts for
a four month extension of the Burglary Prevention through
Citizen Participation Program, was approved on the motion of
Councilman Brandt, seconded by Councilman Ward, and carried 6:0
unanimously. Councilman Yamamoto abstained from voting because
of his membership on the Criminal Justice Council.
The 4-month extension agreement expires November 30, 1977 and
was approved by Council on July 18, 1977. CA 65.3
A.A. #31 - FEDERAL PROGRAM On the motion of Council-
HIGH HAZARD LOCATION PROJECT man Brandt, seconded by
APPROVED Councilman Garthe, carried
7:0 unanimously, Appropria-
tion Adjustment No. 31 establishing an activity account (High
Hazard Location Project account) for $94,~00 from Anticipated
Revenue from Federal Highway Act appropriations was approved.
The funds will be used for two projects proposed by the City
and approved for 100% Federal funding as described in a report
dated October 5, 1977 prepared by Joe E. Foust, Traffic Engineer.
(Reference Public Works Projects 2056 and 2057) CA 65.3
A.A. #32 - PROJECT 8123 Appropriation Adjustment
THORNTON PARK PLAYGROUND No. 32 transferring
APPROVED $45,000 from Acquisition
and Development Fund South
Estimated Revenue to Acquisition and Development Fund South
Appropriations account for Project 8123 - Thornton Park Play-
ground, was approved on the unanimously carried 7:0 motion of
Councilman Brandt, seconded by Councilman Garthe. CA 65.3
A.A. #33 - BUILDING DEPT. On the motion of Council-
PLAN CHECK BACKLOG man Garthe, seconded by
APPROVED Councilman Brandt, carried
7:0 unanimously, Appro-
priation Adjustment No. 33 transferring $10,000 from additional
revenue from plan checking services to Other Personal Services
for payment of private firm fees for plan checking services was
approved. In his report dated October 11, 1977 Wendell Bril,
Director of Building Safety, recommended transfer approval be-
cause increased construction volume has created an excessive
backlog in plan checking services. CA 65.3
CITY COUNCIL MINUTES
374 OCTOBER 17, 1977
ORAL STATUS REPORT With the aid of a large
TREE WELL MAINTENANCE PROGRAM map of the City, Director
of Recreation and Parks
Robert E. Gresham indi-
cated the targeted completion dates for the various sections
of the City to have all tree wells weeded, treated with a herbi-
cide and covered with wood chips. He stated that with nine
employees working on the project, there is a possibility that
the entire City may be completed by Thanksgiving 1977. CA 52
SANTIAGO LIBRARY SYSTEM The payment of $5,000 for
OUTREACH BOOKMOBILE PROGRAM contract service for
$5,000 PAYMENT APPROVED Santiago Library System's
Outreach Bookmobile
Service to nine City of Santa Ana locations for the year 1977-78,
was approved on the motion of Councilman Garthe, seconded by
Councilman Bricken and carried 6:1, with Councilman Ward dissent-
ing.
Howard Samuelson, Library Director, in answer to questions from
Councilman Ward stated that the service to be provided the citi-
zens at the nine Santa Ana stops is the continuation of a program
that has been in operation for six years; that the program was for
the two first years a federally funded demonstration oro~ram
to trv to reach minoritv and disadvantaged oeoole in Orange
Countv who do not normally use libraries and do not do a lot
of reading: that durin~ the second two years it was funded by
Revenue Sharin~ fOran~e County] and a contribution from the
Orange County Library system: that this year the two year
Revenue Sharin~ Dro~ram has not been continued, and the only
fundin£ is a contribution from the Orange County Public Library
System, $5,000 from Santa Ana and contributions from the other
member libraries; that the City is not able to provide this
specialized service because the City's bookmobile is already
operating at capacity, six days a week, morning afternoon and
evening; that the book collection on the City bookmobile is
not geared to serve primarily Spanish-speaking people; that
the Santiago service not only has 3/4 of its books in Spanish,
but also employs a Spanish-speaking library assistant; and that
the outreach stops are not heavily used, usually circulating
approximately 10 to 25 books per hour, and would therefore, be
a costly operation for the City. CA 56
ORAL COM~FONICATION Fire Chief B. J. Thompson
BID FOR TUSTIN FIRE SERVICE informed Council that by
FILED making some modifications
to the fire protection
service proposal to the City of Tustin, it was possible to reduce
the bid price from $699,000 to $550,000 for the calendar year
1978. The Chief further outlined the main points of a letter
he sent to the City Administrator of the City of Tustin dated
October 17, 1977 and his report was received and filed on the
motion of Councilman Ward, seconded by Councilman Yamamoto, and
carried 7:0 unanimously. CA 64
ORAL COMMUNICATION Councilman Yamamoto
OUTSTANDING POLICE OFFICER suggested that the City
JOE VARGAS - RESOLUTION REQUESTED pay tribute to Police
Officer Joe Vargas, who
was recognized at the recent Police Convention in Los Angeles
as an outstanding Police Officer. Councilman Bricken's motion
to instruct Staff to prepare a resolution of recognition for
Officer Vargas was seconded by Councilman Yamamoto, and carried
7:0 unanimously. CA 73B
CITY COUNCIL MINUTES 375 OCTOBER 17, 1977
ORAL COMMUNICATION - MWD & John Garthe was appointed
ORANGE COUNTY WATER DISTRICTS as Santa Ana's representa-
REPRESENTATIVE APPOINTED tive to the Metropolitan
Water District replacing
Howard W. Crooke, and to the Orange County Water District replac-
ing Courtney Chandler, on the motion of Councilman Ortiz, seconded
by Councilman Bricken, carried 4:2, with Councilmen Ward and
Yamamoto dissenting, and Councilman Garthe abstaining. CA 12
CA 80.1
ORAL COMMUNICATION Following the appoint-
ORANGE COUNTY SANITATION BOARD ment of Councilman Garthe
DIRECTOR & ALTERNATE APPOINTED as representative to the
Metropolitan Water District
and to the Orange County Water District, he announced his resig-
nation as Director to Orange County Sanitation District Boards
Two and Three, and as Alternate Director to Boards One and
Seven, effective immediately.
On the motion of Councilman Garthe, seconded by Councilman Brandt,
carried 5:2, with Councilmen Ward and Yamamoto dissenting,
Councilman David Ortiz was appointed as the Director to County
Sanitation Board Districts Two and Three, and as Alternate Direc-
tor to Boards One and Seven, effective immediately. CA 39
CA 80.1
INSTALLATION OF MAYOR OF MEXICALI On the motion of Councilman
MAYOR PRO TEM APPOINTED Garthe, seconded by Coun-
cilman Brandt, carried 5:2,
with Councilmen Ward and
Yamamoto dissenting, Councilman David Ortiz was appointed Mayor
Pro Tempore to represent the City of Santa Ana on November 1
and 2 at the inaugural ceremonies for the Governor Elect of
Baja, Mexico in the City of Mexicali. CA 80
A further motion by Councilman Garthe, seconded by Mayor Evans,
to authorize City reimbursement of expenses for Councilman
Ortiz' trip to Mexico, failed to carry on a 1:5 vote, with
Councilmen Ward, Brandt, Yamamoto, Bricken and Mayor Evans
dissenting. Councilman Ortiz abstained from voting. CA 80
ORAL COMMUNICATION - $10 S. GRAND On the recommendation
EXECUTION OF QUIT CLAIM BY MAYOR of the City Attorney,
AUTHORIZED the Mayor was authorized
to execute a deed quit-
claiming a portion of the property located at 510 S. Grand
Avenue, which was improperly deeded to the City, on the
unanimously approved 7:0 motion of Councilman Brandt, seconded
by Councilman Bricken. (Reference First American Title Insurance
Company Escrow No. OR-1224917) A-77-11 6
RECESS At 3:15 P.M. Mayor Evans
EXECUTIVE SESSION & called a recess of the
DINNER RECESS meeting; at 3:20 P.M. the
meeting reconvened and
again recessed for an Executive Session to discuss pending
litigation; the meeting was reconvened at 4:05 P.M. and imme-
diately recessed for dinner at the Camelot Restaurant. The
meeting reconvened for the evening session at 7:30 P.M. with
all Councilmen present.
CITY COUNCIL MINUTES 376 OCTOBER 17, 1977
ORAL STATUS REPORT The oral status report
REFUSE COLLECTION PROGRAM scheduled to be presented
DELETED FROM AGENDA to Council at 3:30 P.M.
by Consultant Ralph Stone
& Co. was cancelled and deleted from the Agenda by announcement
made by Mayor Evans. CA 11.1
PLEDGE OF ALLEGIANCE
INVOCATION
Councilman John Garthe
gave the invocation
following the Pledge of
Allegiance to the Flag.
PROCLAmaTION PRESENTATION Fred Beuger, President of
NATIONAL DIABETES MONTH the Board of Directors of
the American Diabetes
Association was present
to receive the Mayor's Proclamation settin~ aside the month of
November as National Diabetes Month. The presentation was made
by Councilman David Brandt, and Mr. Beu~er urged citizens to
support the fine work of the organization to assist diabetes
sufferers. CA 46
PUBLIC HEARING - APPEAL 382 Mayor Evans announced
MINOR EX ??-25 - 2530 W. CENTRAL that this was the time
DENIED; RESOLUTION REQUESTED and place for the contin-
uance of the public
hearing, opened on October 3, 1977 to consider the Notice of
Exemption and Appeal #382 of the denial of Minor Exception ??-25
to allow a 12-foot high chain link fence for the recreation
court in the rear yard at 2530 West Central Avenue in the Ri-PRD
District.
Councilman Ortiz orally verified that he had listened to a tape
recording of the proceedings of the October 3, 1977 meeting on
this matter and had filed an affidavit to that effect with the
Clerk of the Council.
The statements of the Staff describing the property and the
objections to the fence were given at the October 3 meeting.
Mayor Evans asked for any additional speakers in this matter.
John Devers, appeallant-applicant, 2530 West Center Street,
stated that there are five neighbors who have given their consent
to his fence and that there is only one dissenter; and that he
will cooperate in making any changes deemed necessary.
E. H. Wisdom, 2537 West Adams, spoke in opposition to the Minor
Exception, stating that he considered it an imposition on his
privacy; that the times that the one-half basketball court had
been used were around midnight and after; that the floodlights
shine into his bedroom window; and that it is a detriment to
the neighborhood with no material value to the community.
On the motion of Councilman Yamamoto, seconded by Councilman
Ortiz, carried 6:1, with Councilman Bricken dissenting, the Notice
of Exemption was approved and filed, and the City Attorney was
directed to prepare a resolution denying Appeal #382, denying
Minor Exception 77-25, and affirming the decision of the Zoning
Administrator. CA 13.5
CITY COUNCIL MINUTES
377 OCTOBER 17, 1977
PUBLIC HEARING - AMENDMENT
APPLICATION 769 SD PLAN #10
902 N. GRAND - APPROVED
ORDINANCE NO. NS-1386 1ST READING
769 (Specific Development Plan #10)
Mayor Evans announced
that this was the time and
place for the public hear-
ing of Negative Declaration
and Amendment Application
to rezone property located
at 902 North Grand Avenue (northwest corner of Grand Avenue
and Fruit Street) from the R3 District to the SD (Specific
Development) District.
Senior Planner William Daugherty stated that the property has an
old English-type castle dwelling on the property that is proposed
to be converted into a restaurant that will retain its residential
character; that the land area in the parcel is 39,970 square feet.
or .91 acre: that the General Plan indicates a special study
corridor: and that on September 12. 1977 the Planning Commission
unanimously recommended approval of the proposed zone change
and the Specific Development Plan #10 was approved by the Plan-
ning Commission on October 10.
One speaker appeared in favor of the zone change:
Lee Falco. Jr., 3000 Terraza Place, Fullerton
There being no further speakers, Mayor Evans closed the public
hearing.
On the motion of Councilman Brandt, seconded by Councilman Garthe,
carried 7:0 unanimously, the Negative Declaration was approved
and filed, and the following ordinance was placed on first reading:
ORDINANCE NO. NS-1386 - AN ORDINANCE OF THE CITY OF SANTA
ANA APPROVING AMENDMENT APPLICATION NO. ?69 TO REZONE
PROPERTY LOCATED AT 902 NORTH GRAND AVENUE FROM THE R3
(MEDIUM DENSITY MULTIPLE FAMILY RESIDENCE) DISTRICT TO THE
SD (SPECIFIC DEVELOPMENT) DISTRICT, AMENDING SECTIONAL DIS-
TRICT MAP NO. ?-5-9, AND ADOPTING SPECIFIC DEVELOPMENT
PLAN #10. CA 10
CA 78.10
PUBLIC HEARING - CUP 77-24 Mayor Evans announced
2055 S. TOWNER that this was the time
DENIE~; RESOLUTION REQUESTED and place for the public
hearing of Negative
Declaration and Conditional Use Permit 77-24 to allow a home
for the elderly with a total of six persons at 2055 South Towner
in the Ri District. The Planning Commission approved the
application on September 12, 1977 and the matter was set for
public hearing by the Council on October 3, 1977.
Senior Planner William Daugherty stated that the proposed facility
is considered to be a Lanterman Act facility; that it will serve
. six persons with 24-hour care and is licensed by the State of
./5,. California; that the facility also requires approval by the City
in the form of a Conditional Use Permit; that the
General
Plan
~~jesignation is low density residential; that there are three
,~.~similar facilities in the immediate 3.75 square mile area that
~are for four persons; and that the Planning Commission does
not consider that number to constitute overconcentration.
A speaker in favor of the granting of Conditional Use Permit
the
was:
Gordon Christiansen, 333 East Ninth Street
Mr. Christiansen stated that he is the son-in-law of the Appli-
cants, Mary E. and Leslie L. Bennett; that they have had one or
CITY COUNCIL MINUTES
378 OCTOBER 17, 1977
two elderly people to care for durin~ the ~ast few years: that
the ~ro~osed house would be sufficient to take care of six ~eo~le:
and that they are able to ~rovide a ~ood home for the elderly:
that it would be essentially the same as a large family residence.
There being no further speakers, Mayor Evans closed the public
hearing.
The motion of Councilman Yamamoto, seconded by Councilman Garthe
to approve and file the Negative Declaration and direct the City
Attorney to prepare a resolution approving Conditional Use Permit
77-24 and confirming the decision of the Planning Commission,
failed on a 3:4 vote, with Councilmen Ward, Brandt, Bricken and
Mayor Evans dissenting.
The following motion made by Councilman Brandt, seconded by Coun-
cilman Ward, to approve and file the Negative Declaration and to
direct the, City Attorney to prepare a resolution denying Condi-
tional Use Permit 77-24 and overruling the decision of the Plan-
ning Commission carried on a 4:5 vote, with Councilmen Garthe,
Yamamoto and Ortiz dissenting. CA 15.4A
PUBLIC HEARING - CUP 77-25 Mayor Evans announced
2129 W. EDINGER that this was the time
CONTINUED TO LATER IN MEETING and place for the public
hearing of Negative
Declaration and Conditional Use Permit 77-25 to allow the expan-
sion of an existing pre-school to accommodate 100 children,
originally approved under CUP 74-7, at 2129 West Edinger Avenue
in the Ri District. (CUP 74-7 was approved for 50 children.)
William Daugherty, Senior Planner, stated that the subject property
is located on the northeast corner of Edinger and Center; that
additional class rooms will be added and 10 parking spaces are
provided which meet the requirements for a day care facility;
that the street is 60 feet wide and the General Plan calls for
low density residential; and that the Planning Commission ap-
proved the subject application unanimously on September 12, 1977.
James Foote, 1602 West Hemlock, Applicant, stated that the pre-
school had been opened 2-1/2 years ago; that they provide an
educational program for the children as well as day care; that
the children are primarily of working parents; that high quality
day care is in great demand; that he will add 3 to 4 people to
his staff; and that there will be a 12' landscaped buffer be-
tween the pre-school and the RI use behind the building.
There were no other speakers, and the public hearing was continued.
On the motion of Councilman Brandt, seconded by Councilman Evans,
carried 4:3, with Councilmen Ward, Yamamoto and Ortiz dissenting,
this matter was continued to later in the Agenda when additional
information requested by Council would be available concerning
the ap.artments adjacent to the subject property. (Minutes Page 380)
PUBLIC HEARING - MINOR EX 77-20 Mayor Evans announced that
1400 W. MC FADDEN this was the time and
APPROVED; RESOLUTION REQUESTED place for the public hear-
ing of Notice of Exemption
and Minor Exception 77-20 to allow on-sale beer in an
existing restaurant at 1400 West McFadden Avenue, "Grandma's
Hand", in the C1 District. The matter was approved by the Zoning
Administrator on September 9, 1977 and set for public hearing by
the City Council on October 3, 1977.
CITY COUNCIL MINUTES
379 OCTOBER 17, 1977
Senior Planner William Daugherty stated that the property is
located on McFadden at Bristol in the C1 zone and a Minor Ex-
ception is required because residential property is within 300
feet; that the Applicant is operating a bona fide eating estab-
lishment; and that the Zoning Administrator recommended
approval of the Minor Exception with the condition that there
be a Planning Staff review at the end of one year.
In response to the Mayor's request for speakers on the subject,
there were two responses.
Floyd Davis, Applicant and owner of "Grandma's Hand". stated
that his operating hours are 10:00 A.M. to 10:00 P.M. and 10:00
A.M. to Midnight on Friday and Saturday; that 95% of his business
is take-out; and that he would like to be able to provide
beer to the customers of his barbeque beef food establish-
ment.
James W. Clark, 1400 West McFadden, stated he did not object to
the Minor Exception.
There being no further speakers, the Mayor closed the public
hearing.
Councilman Yamamoto's motion to approve and file the Notice of
Exemption and direct the City Attorney to prepare a resolution
denying the Minor Exception and overruling the decision of the
Zoning Administrator, failed for lack of a second.
The subsequent motion made by Mayor Evans, seconded by Councilman
Garthe, carried 6:1, with Councilman Yamamoto dissenting, approved
and filed the Notice of Exemption, and directed the City Attorney
to prepare a resolution approving the Minor Exception with a
review by the Planning Department Staff in one year, confirming
the decision of the Zoning Administrator. CA 13.5A
RECESS
with all Council members present.
At 9:40 Mayor Evans
recessed the meeting,
and at 9:50 reconvened
it to continue the Agenda,
PUBLIC HEARING - CUP 77-25 Mayor Evans reconvened the
2129 W. EDINGER public hearing of Negative
APPROVED; RESOLUTION REQUESTED Declaration and Conditional
Use Permit 77-25, continued
from earlier in the evening meeting (Minutes Page 379), and
stated that questions that Councilmen had concerning this matter
had been resolved during the Recess; there being no further
comments on the matter, he closed the public hearing.
On the motion of Councilman Brandt, seconded by Councilman Ward,
to approve and file the Negative Declaration and direct the City
Attorney to prepare a resolution approving Conditional Use
Permit 77-25 and confirming the decision of the Planning
Commission, carried 7:0 unanimously. CA 13.4A
PUBLIC HEARING - BINGO Mayor Evans announced that
MODIFIED EMERGENCY ORDINANCE this was the time and place
NO. NS-1389.1 ADOPTED; NS-1389 CONT. for the public hearing of
Emergency and Regular
Ordinance No. NS-1389.1 and NS-1389 regulatin~ the playing of
bingo in Santa Ana.
CITY COUNCIL MINUTES 380 OCTOBER 17, 1977
MODIFIED EMERGENCY BINGO ORDINANCE - Continued
Police Chief Ray Davis reported that recently passed Assembly
Bill 101 substantially altered Penal Code Section 326.5 regulat-
ing charitable bingo games; that the main thrust of AB 101 was
to expand the number of organizations eligible for charitable
bingo permits; that the proposed ordinance establishes a limita-
tion on the number of days per week bingo may be played by an
organization, the number of permits per organization, and the
days per week per location, in addition to other administrative
controls on the conduct of the game, which experience to date
with bingo has shown will be necessary if the City is to
effectively insure that honest games are conducted by legitimate
non-profit organizations and effectively eliminate the large-
scale, commercial 'casino'-type bingo operation; that only six
of 23 cities place no limit on the number of days or hours of
operation of bingo per week; that the general trend is to limit
to 1 or 2 days; that seven cities have chosen not to allow bingo
at all; and that Santa Ana citizens do not want Santa Ana to be
the bingo capital of Orange County.
In response to the Mayor's invitation to the audience for speakers
on this matter, the following persons spoke in opposition to the
proposed bingo regulation ordinances:
Harold Heinly, Santa Ana American Legion Post 131, 1200 N.
Main Street
Donald Klein, representing the Colonial Manor Fun Club
Dori Abler, YWCA, 1411 North Broadway
Frank Johnson, 1002 South Cypress
Paul Sepulveda, 2140 South Parton
The opponents objected primarily to the limitation to two days a
week, stating that the profits are very small the first day or
two, and that the profits are realized after a clientele is built
up. They also objected to the limitation on the number of days
of operation per location, stating that there are buildings in
the City that are used by a number of different charitable or-
ganizations and each could qualify for a bingo permit. Two speakers
objected to the inclusion of rules of the game, and particularly
to the requirement that a call for a verification of the balls
could be made by any player after each game. Mr. Heinly took
issue with a number of other sections of the proposed ordinance.
There being no further speakers. Mayor Evans closed the public
hearing.
Councilman Yamamoto seconded Councilman Garthe's motion to postpone
the adoption of the ordinance for 30 days to work out amendments
that would be agreeable to the organizations affected by it.
City Attorney Keith Gow advised Council that it could adopt a
modified version of the Emergency Ordinance to allow bingo games
by organizations which were previously prohibited from playing
by State law. The modified emergency ordinance would include
Sections 1, 2a, 2c, and 19 of Ordinance No. NS-1389.1 as previously
proposed.
A substitute motion made by Councilman Brandt, seconded by Coun-
cilman Ward, carried 5:2, with Councilmen Yamamoto and Bricken
dissenting, to adopt Emergency Ordinance No. NS-1389.1 as modified
and entitled as follows:
ORDINANCE NO. NS-1389.1 - AN EMERGENCY ORDINANCE OF THE CITY
OF SANTA ANA AMENDING VARIOUS SECTIONS OF THE SANTA ANA
MUNICIPAL CODE REGULATING BINGO GAMES TO MAKE SAID SECTIONS
COMPLY WITH STATE LAW. AND STATING THE REASONS FOR ITS
URGENCY.
CITY COUNCIL MINUTES
381 OCTOBER 17, 1977
By the previous motion, (regular) Ordinance No. NS-1389 as follows
was continued for revisions:
ORDINANCE NO. NS-1389 - AN ORDINANCE OF THE CITY OF SANTA
ANA AMENDING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL
CODE REGULATING BINGO GAMES TO MAKE SAID SECTIONS COMPLY
WITH STATE LAW, AND TO LIMIT THE NUMBER OF DAYS PER WEEK
WHEN BINGO MAY BE PLAYED. CA 91.10
ADJOURNMENT
At 10:00 P.M., by
unanimous informal consent,
Mayor Evans adjourned the
meeting.
--F'~4~REN~ I. MALONE--
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES
382 OCTOBER 17, 1977
I I I