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HomeMy WebLinkAbout01-02-1973MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 2, 1973 The meeting was called to order at 2:00 P.M., in the Council Chambers of the City Hall Annex, 530 North Ross Street, with the following Councilmen present: Ray villa, Vernon S. Evans, Wade Herrin, J. Ogden Markel, Jerry M. Patterson, Harry K. Yamamoto and Mayor Lorin Griset. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Public Works Ronald Wolford, Director of Planning Charles C. Zirnrnerman, and Clerk of the Council Florence L Malone. MINUTES The Minutes of the Regular Meeting of December 18, 1972, and the Adjourned Regular Meetings of December 7, 1972, December 12, 1972, and December 18, 1972, were approved as submitted, on motion of Councilman Herrin, seconded by Councilman Villa, and unanimously carried. AGENDA Councilman Markel stated CONTINUANCE OF ITEMS that because of the large amount of material that Council had been asked to review prior to the meeting, that Agenda Items 25 and 26 pertaining to downtown redevelopment, and 55 pertaining to the Willowick Golf Course should be continued. He stated that both matters were extremely important to the City and that he had ouly been able to scratch the surface insofar as becoming knowledgeable on the matters. Councilman Markel's motion that Agenda Items 25 and 26 pertaining to downtown redevelopment be continued was seconded by Councilman Herrin, and failed to carry on the following roll call vote: AYES: NOES: ABSENT: Markel, Herrin Villa, Evans, Griset, None Yamamoto, Patterson Councilman Markel's motion that Agenda Item 55 pertaining to the Willowick Golf Course be continued was seconded by Councilman Herrin, and failed to carry on the following roll call vote: AYES: Markel, Herrin, Evans NOES: Villa, Griset, yamamoto, l~erson ABSENT: None Prior to voting on either motion, Councilman Herrin stated that he felt the Willowick Golf Course matter was one of great importance and that any action taken by Council should be only aft er a public hearing. For the record, Councilman Villa stated that he challenged the motion as being out of order; that according to the Agenda, Council was supposed to be considering the Consent Calendar. CITY COUNCIL MINUTES JANUARY 2, 1973 CONSENT CALENDAR The Mayor announced that there had been a request to remove Item 3 C from the Agenda so that t~e agreement could be approved by the County Counsel's Office. The following Agenda items were removed from the Consent Calendar: Items 3 A, 7 B, and 7 C requested by Councilman Evans; Items 5 A and 5 C requested by Councilman Yamamoto; and Items 1 A, 3 B, 4, 5 B, 5 D, 7 A, 9 A, 9 B, 9 C, 10A, 10 B, 10 C, 10 D, 10 E, 11 A, 11 B, and 13 requested by Councilman Markel. Councilman Villa stated that Councilman Markel was attempting to do away with Consent Calendar by requesting the removal of all items, and asked Councilman Markel if he intended to speak on each and every item. Councilman Markel responded that he was ready to try it. Councilman Patterson's motion to approve the Consent Calendar items which had been requested removed by Councilman Markel, was seconded by Councilman Yamamoto, and failed to carry on the following roll call vote: AYES: NOES: ABSENT: Patterson, Yamamoto, Villa Evans, Herrin, Griset, Markel None Prior to voting, Mayor Griset stated that he would not support the motion; that if he became convinced that Mr. Markel was using a tactic to destroy the consent calendar~ then the advisability of continuing with the consent calendar should be considered. Councilman Yamamoto stated that he had heard no reason why Councilman Markel wished to withdraw every consent calendar item. There being no items remaining on the consent calendar for approval, Council proceeded to consider the items separately. * * * *** * * ** CONSENT CALENDAR FINIS* * ** ** * ** * BID CALLS On motion of Councilman Herrin, seconded by Council- man Yamamoto, and unanimously carried, Council approved plans and specifications, and authorized advertisement for bids on the following: SPEC. 72-025 - Replacement of body on Unit 31-77; opening date January 30, 1973, 2:00 P.M. AGREEMENT On motion of Councilman JOINT POWERS AGREEMENT Patterson, seconded by Councilman Yamamoto, with Councilman Markel voting NO, Council approved and authorized the Mayor and Clerk to execute the Joint Powers Agreement between the County of Orange and a majority of cities in Orange County collectively for the establishment of an Intergovernmental Coordinating Council of Orange County. CITY COUNCIL MINUTES 2 JANUARY Z, 1973 CONSTRUCTION AND On motion of Councilman MAINTENANCE AGREEMENT Herrin, seconded by Council- man Patterson, with Council- man Markel voting NO, Council approved and authorized the Mayor and Clerk to execute the Construction and Maintenance Agreement between the City and the Costa Mesa County Water District for an automatic intercormec- tion. The agreement had been previously authorized by Council on November 6, 1972. TRAFFIC On motion of Councilman · _ Herrin, seconded by Councilman Yamamoto, and unanimously carried, Council received and ordered filed the report of control devices removed or installed December 18 through December 27, 1972, inclusive. ALCOHOLIC BEVERAGE On motion of Councilman LICENSE APPLICATIONS Herrin, seconded by Councilman Patterson, with Councilman Evans, Yamamoto, and Markel dissenting, Council received and ordered filed the following Alcoholic Beverage License Application: · ROSALES, Elena and Pablo, 409 N. Raitt, On Sale Beer, Person to Person Transfer. On motion of Councilman Herrin, seconded by Councilman Patterson, with Councilman Marke~l voting NO, Council received and ordered filed the folloWing Alcoholic Beverage, Licens. e Application: FEDDEN, Mildred B. 409 S. Harbor, Off Sale Beer -and Wine (,Dropping Partner), Person to Person Transfer. On'motion of Councilman Herrin, seconded by Councilman Patterson, with Councilman Yamamoto voting NO, Council received and ordered filed the following Alcoholic Beverage License Application: RAU, Walter Carl, 1212 S. Bristol, #16, On Sale Beer, Person to Person Transfer. On:motion of'Councilman Herrin, seconded by Councilman Patterson, and unanimously carried, 'Council received and ordered filed the following Alcoholic Beverage License Application: CHERRY, Avis T., Robert F., Jr., and Robert F., Sr., 1720 S. Grand, On Sale Beer & Wine (Bona Fide Public Eating Place), Original. VA 72-82 Variance Application 72-82, LOYD & BETTY GAGE filed by Loyd and Betty Gage, to be allowed to expand and continue an existing sandblasting operation at 4521 West First Street, approved by the Planning Commission, was received and filed on motion of Councilman Herrin, seconded by Councilman Yamamoto, and unanimously carried. CITY COUNCIL MINUTES 3 JANUARY 2, 1973 VA 72-83 KEITH L. PETTY CHARLES H. WILLIAMSON PAUL D. WILLIAMSON Variance application 72-83, filed by Keith L. Petty, Charles H. Williamson, and Paul D. Williarnson, to operate a board, room and care facility for ambulant adults at 1101 -: 1219 North Jackson, approved by the Planning Commission, was received and filed on motion of Councilman Herrin, seconded by Councilman Patterson, with Councilman Evans voting NO. VA 72-84 Variance application 72-84, ILENE & KENNETH JOHNSON filed by ]lene Johnson and ·' Kenneth Johnson, to allow a restaurant and shopping center to encroach into the R 1 B zone and to allow the restaurant to serve liquor within 300' of a residential zone, at 5401 West First Street, approved by the Planning Commission, was received and filed on motion of Councilman Herrln, seconded by Councilman Patterson, with Councilmen Yamamoto and Evans dissenting. VA 72-86 Variance application 72-86 THOMAS GALLEGOS filed by Thomas Gallegos, to allow an existing room addition to remain which has created an encroachment of the build'lng into the side and rear setbacks, at 1610 South Garnsey Street, approved by the Planning Commission, was received and filed on motion of Councilman Herrin, seconded by Councilman Patterson, and unanimously carried. DEEDS, NO CASH On motion of Councilman Herrin, GRANTEE,CITY seconded by Councilman Evans, and unanimously carried, Council received and filed the Report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from December 14, 1972 through December 27, 1972, inclusive. DEEDS WITH CASH On motion of Councilman Herrin, GRANTEE, CITY seconded by Councilman Evans, and unanimously carried, Council approved the following deed and authorized the Mayor to sign all necessary documents.in connection with the purchase~ HUNTZINGER, west side of Center, south side of Monta Vista, park purposes. DEEDS WITH CASH On motion of Councilman Herrin, GRANTOR, CITY seconded by Councilrnan Evans, and unanimously carried, Council approved the following deed and authorized the Mayor to sign all necessary documents in connection with the aale: STANLEY, north side of Fifth, east side of Ross, sale of surplus property per SPR 72-27 approved by Council on December 4, 1972. CITY COUNCIL MINUTES 4 JANUARY 2, 1973 TENTATIVE PARCEL MAPS On motion of Councilman Evans, seconded by Councilman Herrin, and unanimously carried, Council approved the following tentative parcel map subject .to' the conditions contained in the Planning Director's report, and waived the alley requirernenti TENTATIVE PARCEL MAP #780 - Filed by Bien Enterprises, Inc., creating two (Z) R Z parcels to be used for residential purposes, located generally on the north side of McFadden Avenue, 660 feet west of Newhope Street. On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, Council approved the following tentative parcel map subject to the conditions contained in the Planning Director's report, and waived the alley requirement: TENTATIVE PARCEL MA1~ #781 - Filed by Santa Metrics Properties creating three (3) M 1 parcels to be used for industrial purposes, located generally on the west side of 'Fairview Street, north of Segerstrom Avenue. On motion of Councilman Evans', seconded by Councilman Herrin, and unanimously carried, Council approved the following tentative parcel map subject tO the conditions contained in the Planning Director's report: TENTATIVE PARCEL MA~ #782 - Filed by Vern Monroe creating two (2.) M 1 parcels tO be used for industrial purposes, located generally on the southeast corner of Pendleton Avenue and Otis Street. On motion of Councilman Evans, seconded by Councilman Herrin, and unanimously carried, Council approved the following tentative parcel map subject to the conditions contained in the Planning Director's report and waived the alley requirement: TENTATIVE PARCEL MAP #783 - Filed by Pacific Invest- ments creating two (2) C 5 parcels to be used for commercial purposes, located generally on the east side of Grand Avenue, 96 feet south of Grovemont Street. On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, Council approved the following tentative parcel map subject to the conditions contained in the Planning Director's report and waived the alley requirement: TENTATIVE PARCEL MAP #784 - Filed by Cabot, Cabot, and Forbes creating two (2) M 1 parcels to be used for indust rial purposes, located generally on the southwest corner of Segerstrom Avenue and Susan Street. CITY COUNCIL MINUTES 5 JANUARY 2, 1973 FINAL TRACT MAPS On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, .Council approved the final map,, acdepted the dedica- tions thereon, and the bonds, and authorized execution of the subdivision agreement, on the following: MAP~7584 - North Side of Alton AVenue, East of Flower Street, two (2) lots. On motion of Councilman Herrin, seconded by Councilman Evans, and unanimously carried, Council approved the final map, accepted the dedica- tions thereon, .and the bonds, and authorized execution of the subdivision agreement: MAt) #7585 - South side of Dyer Road West of Main Street, three (3) lots. CHANGE ORDERS On motion of Councilman Herrin, seconded by Councilman Markel voting NO, Council approved the following Change Order: PROJECT 3023, Construct sanitary sewer in Flower Street from Civic Center Drive to 17th Street and in 17th Street from Flower Street to Durant Street, Change Order #1, increasing in the ~amount of $1, 437.87. Councilman Villa requested that his statement as follows be made a part of the'record: i "I would Iike ~o call to the attention of this Council as much Agenda material that we have before us and we don't have a scheduled evening meeting and trying to cram this into an afiern6on session, and to have one person with definite 'dilatory in nature because I would llke to call the attention to you gentlemen that Agenda item 4 was taken out, it wasn't discussed and everyone voted in the affirmative. Items 7 A and 7 D, there was no discussion and they were voted on in the affirmative. Item 9 A, no discussion; item 9 B, no discussion; item 9 C, no discussion; item 10 A, no discusslon;~item 10 B, no discussion and one vote in ~he negative; item 10 C, no discussion and'voted in: the affirma- tive; item 10 D, no discussion and voted in the affirmative; item 10 E,"no discussion and voted in the affirmative; item 11 A, no discussion and voted in the affirmative; 11 B, no discussion, voted in the affirmative; item 13, no discussion and no 'no' vote on that. '1 Mayor Griset stated that the Councilman's point was well taken. CITY COUNCIL MINUTES JANUARY 2, 1973 READING WAIVED On motion of Councilman Herrin, seconded by Councilman Patterson, with Councilman Markel voting NO, the full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived. In response to an inquiry, the City Attorney confirmed that a majority vote was sufficient to waive reading. Mayor Griset stated that he hoped the kind of tactics Councilman Markel was using would not continue in that they were derisive rather than constructive. Mr. LorenNorton, 1932 Griset St., stated that Mr. Markel was a man whom he had long re'spected and that he simply wanted the Ordinance read and that there were a number of people present who didn't know what was in the ordinance. Councilman Nerrin stated that the waiving of the full reading of ordinances and resolutions was a procedure which was followed at every Council meeting which eliminated the time-consuming task of reading each ordinance and resolution. Mr. Norton stated that he believed the ordinance pertaining to downtown redevelopment was of such importance that he would like to have it read. ORD. NS-1149 ORDINANCE NS-t149 - AN DOWNTOWN REDEVELOPMENT ORDINANCE OF THE CITY ' COUNCIL OF SANTA ANA DECLARING THE NEED FOR A REDEVELOPMENT AGENCY'TO FUNCTION IN THE CITY OF SANTA ANA CONTAINING A DECLARATION OF THE CITY COUNCIL OF SANTA ANA DECL 'A~ING ITSELF TO BE THE REDEVELOP- MENT AGENCY wa~ adopted, on motion of Councilman Patterson, seconded by Councilman Villa, and carried on the following roll call vote: AYES: NOES: ABSENT;: Paterson, Villa, Evans, Griset, Yamamoto Herrin, Markel None Prior to the motion, Mayor Griset invited those in the audience wishing speak on the matter to do so. to Mr; Donald Christeson, Z100 East Fourth Street-, speaking on behalf of the Santa Aha Chamber of :Commerce,, stated that he had been a resident and property owner in the City for 19 years; that the Chamber of Commerce strongly urged that Council adopt the ordinance; that they believed the governing body of the redevelopment agency should be made up of City property owners, businessmen and taxpayers, but that the major thrust would have to come from the community at large. Mr. Gordon'Bricken, 1017 North Wright, stated that the only property he Owned was the house he lived in;that.the community had reached a point where some basic honesty Was needed and plain talk about what the people of the community were going to need in the forthcoming 25 to 30 years; that he had resided in Santa Ana for 10 years and had observed for some time that the citizens seemed to be unable to rally themselves to any kind of vision of g~eat~iess; that they had allowed themselves to fall into bicker- CITY COUNCIL MINUTES 7 JANUARY 2, 1973 lng, arguing and philosophizing instead of getting a job done; that there were citizens who wanted to see the community prosper. He further stated that Santa Ana had had about four developments occur; that Spurgeon and Tustin had started the city developing about 1900 and had caused a new downtown to grow up; that that had been replaced about 1920 with another set of businesses; that in the 1950's, another redevelop- ment wave had come; that about once every 20 to 30 years the downtown had renewed itself, and it had been'Z3 years since the last changes had occurred. He urged citizens to renew the visions that had been shared by Spurgeon, Tustin, Warner and McFadden in the history of Santa Ana and to fall into their footsteps; that there was a cancer in the community; that a social price was being paid for the condition of the downtown area with bars and dirty book stores; that the proposed plan was not perfect, however, nothing was perfect; that private enterprise could not accomplish the job alone; and that to adopt the proposed ordinance would be to recap- ture the spirit of those who started the community. Mr. Gordon Bragg, a member of the Board of Directors of the Santa Aha City Center Association, and Property Manager for the Bank of America Trust Department, 801 North Main, stated that both of the organizations he represented were behind the ordinance. Mr. Loren Norton, 1932 Griset St., stated that regardless of the merits of the issue before Council, the project did have political ramifications; that four of the'Councilmen would be seeking re-election in approximately three months; that he believed the matter would be an election issue, although he could not guess which would be the best side of the issue to be on. He inquired of Council if they had fully evaluated whether or not private enterprise could accomplish the desired goals in the area as efficiently as a tax-supported effort, and urged Council to reconsider Councilman Markel's request to delay the issue for two weeks. Mr. William Croddy, 2128 Victoria Drive, stated that he had been rewarded for the work he had done by the mere fact that the City was trying to do something; that he had heard no one come up with any idea to accomplish the same goals; that he was certain that if the proper leadership was taken, that private enterprise would move in. Councilman Villa requested the Mayor to explain to the audience that the proposed ordinance had nothing to do with urban renewal; that the project was to be undertaken by private enterprise in that it was downtown businessmen for downtown businessmen. Mayor Griset responded that private enterprise could not flourish without the cooperation of government; that the cooperation of government was best accomplished in Santa Ana at the local level where the best opportamity existed for local government ~nd private enterprise to work together; that income to the agency would be derived from the property taxes already being paid and thus there would be no additional taxes levied against anyone. Mr. Hector Godinez, 2218 S. Birch, stated that he had lived in the City for 48 years and had watched the failure that had occurred in leadership; that he was very desirous of lifting the City back to the status that had existed for many years; that the proposed program gave far-sighted citizens an opportunity to see once again a well-balanced downtown area with all segments of the community represented; that he was interested in maintaining the flow of sales tax; that a minority downtown area was not healthy for the minority groups; and that the fate of the downtown area rested in Council's hands. CITY COUNCIL MINUTES 8 JANUARY 2, 1973 At 3:15 P. Iris,: a reoeSs was declared. The meeting reconvened at 3:25 P.M. with all Council members present, and the discussion on the adoption of Ordinance NS-1149 continued. Mrs. Janice Boer, 912 North Lowell Street, stated that by adopting the proposed ordinance, Council would be bringing complete, 100% unadulterated socialism to Santa Aha because they would be removing a tax shelter from someone who had it and it would be given to someone else who might misuse his position of trust and power to line his own pocket; that there .were a'lot of people who owned a great deal of property in the proposed area; that any proposed rebuilding would not have to meet any building codes; that ,the agency would be exempt from the City's zoning laws and building codes; that the School Board would be able to purchase property from the agency; that road patterns could be rearranged and new roads would be built and that the agency would end up building schools. She urged Council to have an outside attorney completely analyze the redevelopmeut law; that all sorts of strange things cout'd be:done with it; that it sounded innocent; that it authorized the agency to build apartment houses, houses, to contract as a representa- tive body of a city; that it put everyone in the entire area under the threat of condemnation; that there was no limit to the s~udy areas and subsequent project areas that could be set up; and that anyone who owned a building downtown would be excused permanently from paying any capital gains tax. Mr. Jack Odell, 2305 N. Flower, stated that there was a situation in the heart of the City that was decaying so rapidly that there would be utter chaos in a short time; that the proposed redevelopment agency was not a gift to any one individual or several individuals, but merely a facility to get prlvkte enterprise ensconced in the downtown area, and urged COuncil to get on with it. Mr. John W. (Bill) Hill, 505 N. Main, stated that he had been born and raised in Santa Ana; that the proposed ordinance was urgently needed; that the City had gone downhill very rapidly in the last ten years; that many attempts had been made by private enterprise; that he belonged to the City Center Association who have tried redevelopment; that only through use of the redevelopment agency could private enterprise be brought in. Mr. Rober, t Newcornb, 2109 E. Santa Clara, stated that he operated a retail business at 108 West Fourth Street; that in the past 15 years, the once prosperous downtown area had changed; that retail sales had declined, sales tax declined, property values had lowered considerably; that he believed the time had come for the community to get behind the effort to redevelop the downtown area. Mr. Billy C. I-Ia11, Executive Director of the City Center Association, stated that he wished to reaffirm their support of the redevelopment ordinance; that many merchants realize that their business would have to take a back seat during redevelopment and that they are going to lose out for a s-bott time by virtue of their business possibly being relocated and that he had heard no disagreeable comments with the exception of one. Mr. EdMackessy, 307 West Fourth, stated that he had been in business in Santa Aha for 8 years; that he believed that businessmen should put something back into the City; that he was planning on expanding with stores in other areas and if Santa Aha didn't do something soon, he would no longer be in the area. CITY COUNCIL MINUTES 9 JANUARY Z, 1973 Mr. Christeson spoke again on behalf of himself, stating tt%at he had contributed much to the City in the way of capital improvements, including construction of 22 developments, and that he .had a deep and warm spot for the City; that he does business in Glendora, Pasadena, and other cities that have su£fered from,the problem of decay in the old part of their city because of suburbia; that it'was not the,downtown businessman's fault when that happens; and that redevelopment agencies in other cities have worked well. After the motion but prior to voting, Councilman Herrin, stated that he could not aupport the motion in that freedom was the mo~t important ingredient,that human beings had ever had, and that it was difficult for him to find that the public interest being served by the adoption of the ordinance was more, important than the individual private ownership of property. Mayor Griset stated that the California State Redevelopment Act stated that anyone .could own property in the area, but that no one could acquire additional property after the project area had been established. Councilman Patterson stated that he was disappointed that the matter of a conflict of interest continued to arise when it had been cleared with the City Attorney; that several staunch pillars of the commtmity, h~ve told Council that the City is declining and they have asked Council to do something to help Santa A_ua; and that adoption of the ordinance is one way to make Santa Ana,a winner. ORD. NS-1150 Ordinance NS-1150 CREATING COMMUNITY REDEVELOPMENT A COMMUNIT,Y REDEVELOP- COMMISSION MENT COMMISSION FOR THE - CITY OF SANTA ANA PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW was placed on first reading on motion of Councilman Patterson, seconded by Councilman Yamamoto and carried with Councitm~n Markel and Herrin dissenting. APPOINTMENT OF MEMBERS The following persons were COMMUNITY REDEVELOPMENT appointed as members of COMMISSION . , the Community Redevelop- merit Commission on motion of Councilman Patterson, seconded by Councilman Yamamoto and carried with Councilmen Markel and Herrin, dissenting: Hector Godinez, 2118 South Birch Street Tom McMichael, 517 East Buffalo Donald Christeson, 1150 River Lane Waldo Haug, 827 North Westwood John W. (Bill) Hill, 1117 Concord Ted Jesses, 1013 South Main Street ~Larry White, First American Title Co. Fifth and Main CITY COUNCIL MINUTES 10 JANUARY 2, 1973 ORD. NS-1151 ' ORDINANCE NS-1151 WARp BOUNDARIES CHANGING AND ESTABLISH- ING ,THE BOUNDARY LINES OF THE WARDS OF THE CITY OI~ SANTA ANA was adopted on motion of Councilman Herrin, seconded by Councilman Evans by the following roi1 call vote: . AYES: NOES: AB SENT Herrin, E~ans, Villa, Griset, Yamamoto, Patterson, Markel None None RES. 72-121 RESOLUTION OF THE CITY APPEAL NO. 311, CUP 72-22 COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE DF~CISION OC THE PLANNING COMMISSION AND GRANTING APPEAL NO. 311 AND APPROVING CONDITIONAL USE PERMIT AJPPLICATION 72-22 FILED BY S. V. HUNSAKER, JR. was adopted on motion of Council- man Herrin, seconded by Councilman Evans and carried with Councilmen Markel and Yamamoto dissenting and Councilman Patterson abstaining due to his absence from the public hearing held on the appeal on Decem- ber 18, 1972. BUS STOP The letter from Mr. Donald FIRST AND LYON STREETS Kenny, Don's Lawn Mower Shop, 1647 East First Street, dated December .20, 1972, protesting the location of a bus stop adjacent to his business which completely eliminates its on-street parking, was considered by Council together with a report from the Assistant Director of P~blic Works, dated December 27, 1972, which advised that the Transit District wit1 consider a City proposed route change to eliminate the First and Lyon bus stop in favor 0f, one at First and Wright Street.. Both communications were received and filed on motion of Councilman Herrln, seconded by Councilman Patterson and carried with Councilman Yamamoto dis s enting. RECESS with all Councilmen present.. At 4:45 P.M., a recess was declared. Council reconvened at 4:55 P.M., WILLOWlCK GOLF COURSE A Memorandum of Under- i standing between t~e City and the City of Garden Grove relating to Willowick Golf Course, a public golf course owned and operated by the City of Garden,Grove, situatedl within the boundaries of the City of Santa Ana; was approved and its execution by the Mayor and Clerk was authorized on motion of Councilman Patterson, seconded by Councilman Villa and carried on the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa, Griset, Evans, Herrin, Markel None Yamamoto CITY COUNCIL MINUTES 11 _ JANUARY. 2, 1973 Prior to adoption.of the motion, Mr. Douglas Clark, 1510 North Mar-les Drive, spoke against the de-annexation of the golf course by the City and questioned ,the:legality of the proposed Easement and Option to Purchase which provides that Willowick will remain as a recreational open space for 50 years and that Santa Aha will have an option to purchase the property at fair market value should the City of Garden Grove desire to sell the property during that period of time. The City Attorney stated that the open space easement grant constituted a proprietory act and not a legislative act by the City of Garden Grove and therefore would not be subject to a court determination; that present City Councils may not bind future City Councils. A letter from Mrs. l~obert Salcido, 401 N. Figueroa Street, Mrs. John Perez, 209 North Jackson Street and Mrs. Marvin E. Judd, 5024 West Davit Street, endorsing the proposed park adjacent to 'the golf course, was received and filed on the unanimously carried motion of ,Councilman Herrin, seconded by CounciLman Villa, after having beenread aloud by the Clerk. Mr. Clark requested that the Council continue the matter,for 30 days. Councilman Evans stated that in his opinion a public hearing should have been held on the matter and expressed his reservations regarding enforcement 'of the Easement and Option to Purchase in view.of the experience' with the "Irvine Agreement". Councilman Villa also requested assurance from the City Attorney of the, validity of the document. The City Attorney stated that a title policy should be contemplated; that Gouncil Was only being asked at this time to indicate its position on the matter; that the document would undoubtedly be modified before it is submitted for signature by the Mayor; that the State Government Code does provide for open space easements; and that there is no action that is totally.wlthout some hazard involvement. CounciLman Pterrin stated that in his opinion a public hearing should have been held; that the matter deserved much more consideration and atten- tion by all concerned-than it could receive in the manner of its presenta- tion at this meeting. Councilman Patterson stated that the proposal is the best for all con- cerned; that the golf course would remain as recreational open space and the City would gain a parksite and street storm drainage improve- ment,s. He further suggested that all the parcels be re-zoned for park use and that negotiations for an option to purchase rather than lease the park lots: should be explored. The City Attorney stated~ that the other documents would be brought back to Council at its next meeting after further refinement. AGENDA Mayor Griset noted that : it was 6:00 P.M. and requested Council determina- tion regarding consideration of the remaining Agenda items. CITY COUNCIL MINUTES 12 /[ANUARY 2, 1973 The meeting continued on motion of Councilman Herrin, seconded by Councilman Patterson and carried on the following roll call vote: AYES: - NOES: ABSENT: Herrin, Patterson, Evans, Griset, Villa, Markel None Yarnamoto TAXICAB PERMITS The matter of the issuance of twelve additional taxicab permits was continued to the nex~ meeting with the cgnsent of all interested parties, on the unanimously approved motion of Councilman Herrin, seconded by Council- man Patterson. POLICE LIEUTENANT Council considered a CAREER ~DEVELOPMENT memorandum from the AND MODIFIED CLASS SPECIFICATION Director of Personnel, dated December 28, 1972, relative to the Police Career Development Program and a proposed modification of the Police Lieutenant class specification. The proposed class specification for Police Lieutenant, without any adjustment in salary range, and the intention to increase the minimum educational requirement for Police Captain to a Baccalaureate Degree and for police Sergeant to an Associate of Arts Degree in Police Science not later than July 1, 1975, were approved on the unanimously carried motion of Councilman Herrin, seconded by Councilman Evans. WHEELCHAIR BASKETBALL Council received and filed a memorandum from the Recreation Superintendent dated December 28,-1972, regarding an oral request on November 6, 1972 for financial support for the Santa An,a Wheel Chair-Basketball team, on the unanimously approved motion of Councilman Herrin, seconded by Coumcilman Evans. The motion included a directive to Staff to continue its communication with Mr. 3ames M. Worth, 3r., team representative. HUMAN RELATIONS COMMISSION A report from the Law ANNUAL REPORT 1971-72 Enforcement and Education Committee of the Human Relations. Commission dated October 24, 1972, relative to seven police complaints originally cited in the Cornn~ission's Annual Report for 1971-72, and a report of the Commission's action to adopt the Committee's report on the matter as follows were received and filed on the unanimously approved motion of Councilman Herrin, seconded by Councilman Evans: a) The seven complaints have been reinvestigated by the Santa Aha Police D.epartment. b) The Police Department has taken all the action they feel is proper in these cases. c) There would be nothing gained by asking the city administra- tion or Police Department to re-open these cases. CITY COUNCIL MINUTES 13 JANUARY 2, 1973 MUNICIPAL STADIUM Reports from the Staff, dated December 12 and December 28, 1972, regarding the past year's activities at the Municipal Stadium and related incidents of violence were received and filed on the unanimously approved motion of Councilman Herrin, seconded by Councilman Evans. FLOMAR KENNELS Council considered a report from the City ~ Attorney, dated December 27, 1972, relative to the construction of an apartment complex less than 200 feet f~om an existing dog kennel at 921 South Lyon, which is alleged by the owner, Mrs. Mary Henry, to be a violation of the Municipal Code. The following persons spoke on the matter: II. Lawson Mead, Attorney, representing James and Mary Henry, '2014 North Broadway; Bruce Harrington, representing the Allison Company; and Mrs. Mary Henry, 921 South Lyon The'matter was referred to Staff for immediate action to ascertain the rights of the parties involved and to impose the proper remedy consistent with the discussion (compliance with the law at no cost to Flomar Kennels), on the unanimously approved motion of Councilman Patterson, seconded by Councilman Evans. TUSTIN WATER WORKS Council considered a report from the Director of Public Works dated December 28, 1972, relative to the City's'purchase of the Tustin Water Works system within the City boundaries. Council authorized the purchase of Tustin Water Works facilities in northeast Sarrta Aha, consisting of 80 water services, .mains and hydrants, for $76,591. 00, on the unanimously approved motion of Councilman Herrin, seconded by Councilman Evans. CRIME- SPECIFIC BURGLARY Council considered the pROGRAM; RES. 72-118 Manager's report, dated December 28, 197Z, recommending implementation of the Crime-Specific Burglary Program. RESOLUTION' NO. 72-118, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED WITH AN AI~PLICATION FOR IMPLEMENTATION OF THE CRIME-SPECIFIC BURGLARY PROGRAM was adopted on motion of Councilman Villa, seconded by Councilman Yamamoto, with Councilman Herrln dissenting. CITY COUNCIL MINUTES 14 JANUARY Z, 1973 DELINQUENCY Council considered a PREVENTION PROJECT report from the Manpower Project Coordinator, dated December 19, 1972, relative to an application by Operation SER for Orange County Criminal Justice Council funding of a Delinquency Prevention Project. Councilman Villa declared a conflict of interest'due to his position as Director of Operation SER and departed the Council chamber. Mr.' sar~ Torres, 3209 South Sycamore spoke in favor of the .City's participation as the prime sponsor of the project. It was moved bY Councilman Patterson, seconded by Councilman Yamamoto and carried, with Councilmen Herrin and Markel dissenting, and Council- man Villa abstaining, to accept the Grant and appoint Operation St~R as the delegate agency, and to provide the $3,000 cash. STIPULATION OF JUDGMENT A report from the City CHARLES B. LINGER, ET AL Attorney regarding the Stipulation for Judgment reached with Mr. Charles B. Linger and other owners conce~rning an eminent domain action was received, and reconveyance by the City of a portion of Parcel 1-A to Mr. Linger and another owner for $29, 062.50 was authorized on motion of Councilman Patterson, seconded by Council- man Evans and carried, with Councilman Markel dissenting. PROPERTY MAINTENANCE A report dated December 28, ORDINANCE 1972, from the Director of Building Safety and excerpts from the City of Inglewood Municipal Code relative to property maintenance standards were ~onti. nued to the next Council meeting, January 15, 1973, on the unanimously approved motion of Councilman Evans, seconded by Councilman Patterson. SUMMARY OF COUNCIL The Summary of Council REFERRALS Referrals dated January 2, 1973, was continued to the next Council meeting, January 15, 1973, on the unanimously approved motion of Councilman Herrin, seconded by Councilman Patterson. SANITATION DISTRICTS 1 AND Z Council approved the ANNEXATION CHARGES AND FEES proposed ordinance of the Sanitation Districts 1 and Z which would increase annexation charges and fees and Councilman Herrin, representative to the Districts, was instructed to cast his vote in favor of adopting the ordinance, on the unanimously carried motion of Mayor Griset, seconded by Councilman Herrin. NEW CITY HALL Councilman Villa suggested that the Community Rela- tions Department place a representative at a desk in the lobby of the new City Hall to direct visitors to the proper departments for the conduct of their business and to improve the City's public relations. CITY COUNCIL MINUTES 15 JANUARY 2, 1973 POLICE DEPARTMENT Councilman Markel stated that he had requested the · City Manager to use some of the funds from Revenue Sharing to add another police officer to the Vice Squad of the Police Department. WASHINGTON REDSKINS The Mayor state'd that the FOOTBALL TEAK4 Washington Redskins Football team will be staying at the Saddleback Inn commencing Sunday, January 7, 1973 and practicing at the Anaheim Stadium in preparation for the Super Bowl Game the following Sunday and requested Council to approve the placement of a banner across the street at the Saddleback Inn and the issuance of a Proclamation honoring and welcoming the team to the City. The request was approved on the unanimously carried motion of Councilman Evans, seconded by Councilman Villa. At 7:02 P. M. , Councilman Patterson was excused from the meeting. ADJOURNMENT The meeting was adjourned at 7:15 P.M., on the unanimously approved motion of Councilman PIerrin, seconded by Councilman Evans. Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES 16 JANUARY 2, 1973