HomeMy WebLinkAbout04-16-1973MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
April 16, 1973
The meeting was called to order at 2:05 P.M. in the Council
Chambers, 22 Civic Center Plaza, with the following Councilmen
present: J. Ogden Markel, John Garthe, Harry K. Yamamoto,
Vernon S. Evans, James E. Ward, Lorin Griset and Mayor Jerry
M. Patterson. Also present were City Manager Bruce C. Spragg,
City Attorney James A. Withers, Director of Planning, Charles
C. Zimmerman, Director of Public Works Ronald Wolford, and
Clerk of the Council Florence I. Malone.
MINUTES
on motion of Councilman Evans,
unanimously carried.
The Minutes of the Regular
Meeting of April 2, 1973
were approved as submitted,
seconded by Councilman Griset, and
HOUSING AUTHORITY
order by Chairman Jerry M.
Patterson.
At 2:05 P.M., the Regular
Meeting of the Housing
Authority was called to
COMMUNITY REDEVELOPMENT
AGENCY
Agency was also called to
At 2:05 P.M. the Adjourned
Regular Meeting of the
Community Redevelopment
order by Chairman Jerry M. Patterson.
Council reconvened at 2:15 P.M.
OLD CITY HALL TIME CAPSULE Mayor Patterson announced
that, acting on informa-
tion provided by Councilman
Markel, the Director of Public Works had recovered the time capsule
from the Old City Hall, 217 North Main Street. The box was dis-
played, (a square copper box, soldered, measuring 11" x 11" x 4").
Mr. Wolford reported that it had been located earlier in the
day in the former office of the Finance Director in the Old
City Hall; that it was dated November 20, 1935, and had the
name of William Smith written on it; and that two pennies,
dated 1928 and 1929, had fallen through a small hole in the box.
Following discussion, it was moved by Councilman Evans, seconded
by Councilman Griset, and unanimously approved, to schedule a
public hearing for May 7, 1973, at 7:30 P.M., in the Council
Chambers, at which time the unopened time capsule would be pre-
sented to the members of the Santa Ana Cultural Heritage Commit-
tee to be opened as a community ceremony. The Mayor instructed
the Clerk to invite the members of all City Boards and Commis-
sions to attend the ceremony, and to post notices inviting the
general public. It was the consensus that in addition to open-
ing the time capsule, the Cultural Heritage Committee should be
requested to prepare a similar time capsule for the new City Hall;
and that during the public hearing a determination could be made
regarding the disposition of the Old City Hall time capsule.
Mr. George Hale, Chairman of the Bowers Museum Board, suggested
that the box and its contents be made available to the Museum
for display and retention. (CA 85.1a)
CITY COUNCIL MINUTES 116 APRIL 16, 1973
CONSENT CALENDAR The following Agenda items
were removed from the Con-
sent Calendar: Items 2 D
and 10 C requested by Mayor Patterson; Item 7 C requested by
Councilman Evans; Item 5 A requested by Councilman Yamamoto;
and Items 1 A, 1 C, 2 C, 2 E, and S C requested by Councilman
Markel.
On motion of Councilman Griset, seconded by Councilman Evans,
and unanimously carried, Council affirmed the recommended action
on the following Consent Calendar items:
BID CALLS
for bids on the following:
Approved plans and
specifications, and
authorized advertisement
PROJECT 60?5 - Reconstruction of East Bowling
Green at Santiago Park; opening date, May 15,
1973, 2:00 p.m. (CA 89 G)
Annual Requirements as follows:
SPEC. 734-105 - Gasoline; opening date May 10,
1973, 2:00 p.m. (CA 89 A)
SPEC. 734-106
Diesel fuel and lubricants;
opening date, May 10, 1973,
2:00 p.m. (CA 89 A)
SPEC. 734-111 - A C pipe; opening date May 23,
1973, 2:00 p.m. (CA 89 D)
SPEC. 734-118
Cast iron fittings (ringtite);
opening date May 23, 1973, 2:00
p.m. (CA 89 D)
SPEC. 734-120 - Gate valves; opening date,
May 23, 1973, 2:00 p.m. (CA 89 D)
SPEC. 734-121
Butterfly valves; opening date
May 23, 1973, 2:00 p.m.
(CA 89 D)
SPEC. 734-122A-
Tapping gate valves; opening
date, May 23, 1973, 2:00 p.m.
(CA 89 D)
SPEC. 734-122B- Tapping sleeves; opening date,
May 23, 1973, 2:00 p.m. (CA 89 D)
SPEC. 734-135A-
Fire Hydrants standard; opening
date, June 6, 1973, 2:00 p.m.
(CA 89 G)
SPEC. 734-135B-
Fire Hydrants commercial; open-
ing date, June 6, 1973, 2:00 p.m.
(CA 89 G)
SPEC. 734-136
Cold water meters (positive);
opening date, June 6, 1973,
2:00 p.m. (CA 89 G)
CITY COUNCIL MINUTES 117 APRIL 16, 1973
CONSENT CALENDAR - Continued
SPEC. 734-137
SPEC. 734-138
Cold water meters (fire service);
opening date, June 6, 1973,
2:00 p.m. (CA 89 G)
Cold water meters (compound);
opening date, June 6, 1973,
2:00 p.m. (CA 89 G)
BID AWARDS
responsible bidder:
Awarded contracts as
follows on the basis of
lowest, best and most
SPEC. RS 8-003 - One Diesel-powered One Hundred
(100) Foot Tractor-Drawn Aerial Ladder Truck;
awarded contract to American La France Co.,
Elmira, New York on alternate bid. (CA 89 A)
SPEC. 73-001 (8004) - Two Diesel-powered 1000
Gallon Triple Combination Pumpers; awarded
contract to American La France Co., Elmira,
New York on alternate bid. (CA 89 G)
PROJECT 3026 - Construct sanitary sewer in
Shelton Street from McFadden Avenue to Bishop
Street. Rejected all bids received and
authorized re-advertisement for the reception
of bids on May 11, 1973 at 2:00 P.M. (CA 89 E)
PROJECT 4018 - Construct V-4 Storm Drain in
Seventeenth Street from Williams Street to
Tustin Avenue. Rejected all bids received
and authorized re-advertisement for the
reception of bids on May 11, 1973 at 2:00
P.M. (CA 89 G)
AGREEMENTS
agreement:
Approved and authorized
the Mayor and Clerk to
execute the following
REIMBURSEMENT AGREEMENT - Between City and
Borg Warner Controls, A Division of Borg-
Warner Corporation, for off-site sanitary
sewer construction reimbursement in con-
junction with development of Parcel Map 556.
(CA 25; A-73-21)
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
License Applications:
Received and ordered
filed the following
Alcoholic Beverage
HORIKAWA INTERNATIONAL, 3800 S. Plaza Street,
On Sale General Bona Fide Public Eating Place,
Intercounty Transfer Fee.
CITY COUNCIL MINUTES
118 APRIL 16, 1973
CONSENT CALENDAR - Continued
DYNA-MATIC CORP. OF AMERICA,
Ave., On Sale Beer and Wine
Eating Place), New.
1206 E. McFadden
(Bona Fide Public
LIN, Dick S. and YIN, Chin Lung, 1106 S.
Bristol, On Sale Beer and Wine (Bona Fide
Public Eating Place), Original.
(CA 146)
SOLICITATION APPLICATIONS
Approved the following
solicitation application:
DEGREE OF POCAHONTAS, TASHMOO COUNCIL #248,
sale of Kachina dolls, to raise funds for
retarded children; from April 17', 1973 to
May 12, 1973, inclusive. (CA 91)
VARIANCES AND
CONDITIONAL USE PERMITS
Received and ordered filed
the following applications:
VA 73-10, V R V ENTERPRISES, INC.
To allow used car sales in the C 5 District
at 2235 South Bristol Street; DENIED. (CA 13)
VA 73-12, GHR DEVELOPMENT CORP.
To construct a condominium development
(four-plexes) and a 1.39 acre proposed
motor home sales lot in the C 4 District
at 3901 West McFadden Avenue; APPROVED.
(CA 13)
CUP 73-4, FREDERICK R. SACHER - To allow
retail sales of furniture in the M 1 Dis-
trict at 302 E. Stevens, APPROVED. (CA 13.1)
PUBLIC PROPERTY USE Approved the following
Application for Special
License to Use Public
Property, subject to administrative and Municipal Code
requirements:
CHARLES EDWARD JACK MARTIN, banner over
Main Street at 19th advertising Exhibition
and sale of African Arts and Crafts to be held
in building at 1905 North Main, from April 27,
1973 to June 9, 1973, inclusive. (CA 45.1)
DEEDS, NO CASH Received and ordered
GRANTEE, CITY filed a report of No-Cash
Deeds accepted by the
City Manager, pursuant to Resolution #69-156, from March 29,
1973 through April 11, 1973, inclusive. (CA 155;
Deed No. 5201, 5203, 5204, 5207, 5208)
CITY COUNCIL MINUTES
119
APRIL 16, 1973
CONSENT CALENDAR - Continued
TENTATIVE PARCEL/ Approved the following
TRACT MAPS maps subject to conditions
contained in the Planning
Director's report and waived alley requirement on all
Tentative Parcel Maps:
TENTATIVE PARCEL MAP #798 Filed by Ronald
R. Cosby creating three (3) M 1 parcels, to
be used for industrial uses, located generally
on the southwest corner of Walnut Street and
Grand Avenue; (CA 25)
TENTATIVE PARCEL MAP #801 Filed by Grand
Central Industrial Centre creating two (2)
M 1 parcels to be used for industrial uses,
located generally on the south side of Dyer
Road, 165 feet west of Halladay Street; (CA 25)
TENTATIVE PARCEL MAP #804 Filed by Joe and
Marian K. Long creating two (2) C 2 parcels;
proposed parcel #1 to be used for commercial
uses (existing) and parcel #2 to be a storage
yard, located generally on the east side of
Main Street, 170 feet north of Goetz Avenue;
(CA 25)
TENTATIVE PARCEL MAP #805 Filed by Sequoia
Pacific creating two (2) M 1 parcels, to be
used for industrial uses, located generally
on the southwest corner of Warner Avenue and
Garnsey Street; (CA 25)
TENTATIVE TRACT MAP #8280 Filed by Standard
Pacific Corporation creating 83 R1-PRD lots,
to be used for single family residences,
located generally on the southeast corner of
Segerstrom Avenue and Raitt Street. (CA 24)
FINAL TRACT MAP
and authorized execution of
the following:
the
Approved the final map,
accepted the dedications
thereon, and the bonds,
subdivision agreement, on
MAP NO. 7729 - West side of Grand Avenue, 464
feet south of Edinger Avenue, 25 lots. (CA 24)
CHANGE ORDERS
Approved the following
Change Order:
PROJECT 6068 - Construct concrete sidewalk
and picnic pads in Mabury Park; Change Order
No. 1, increasing in the amount of $300.00.
(CA 89 F)
SURPLUS PROPERTY
Declared the following
property surplus and
authorized demolition:
CITY COUNCIL MINUTES
120 APRIL 16, 1973
CONSENT CALENDAR - Continued
SURPLUS PROPERTY REPORT NO. 73-5 - for
improvements located on the north side of
17th Street, west of Main Street, acquired
in connection with Seventeenth Street
P 1167. (CA 45)
* ~ ~ * * * * * CONSENT CALENDAR FINIS ~ * * * * * * *
BID CALL On motion of Councilman
PROJECT 1342 Griset, seconded by
Councilman Evans, with
Councilman Markel voting NO, Council approved the plans and
specifications, and authorized advertisement for bids on the
following:
PROJECT 1342 - Construct First Street from
200 feet west of Center Street to Hesperian
Street; opening date, May 15, 1973, 2:00 p.m.
(CA 89 F)
BID CALL On motion of Councilman
PROJECT T-3041 (150) Evans, seconded by
Councilman Griset, and
unanimously carried, Council approved the plans and specifica-
tions and authorized advertisement for bids on the following:
TOPICS PROJECT T-3041 (150) Installation of
illuminated street name signs at 30 intersec-
tions; opening date, May 11, 1973, 2:00 p.m.
(CA 89 F)
BID AWARDS On motion of Councilman
SPEC. 73-004 Evans, seconded by
Councilman Griset, and
unanimously carried, Council awarded contract as follows on
the basis of the lowest, best and most responsible bidder:
SPEC. 73-004 - Added equipment for Fire Department
Breathing Air Filling Station. Awarded contract to
Halprin Supply Co., Los Angeles. (CA 89 G)
BID AWARDS On motion of Councilman
PROJECT 7027 Griset, seconded by
Councilman Ward and
unanimously carried, Council awarded contract as follows
on the basis of the lowest, best and most responsible bidder:
PROJECT 7027 - Construct Bowers Museum Building
Addition; awarded to Casner Construction Co., Inc.,
Temple City. (CA 89 G)
Prior to the Council action, Mr. George Hale, Chairman of the
Bowers Museum Board, stated that funds are available for the
project and that they are ready for deposit or may have been
already deposited with the City Treasurer.
CITY COUNCIL MINUTES 121 APRIL 16, 1973
BID AWARDS On motion of Councilman
PROJECT 7013 B Griset, seconded by
Councilman Yamamoto
and unanimously carried, Council awarded contract as follows
on the basis of the lowest, best and most responsible bidder:
PROJECT 7013 B - Background music and emergency
paging system - City Hall. Awarded to L. A.
King Co., Long Beach. (CA 89 G)
ALCOHOLIC BEVERAGE Council received and
LICENSE APPLICATIONS filed the following
ABC application on
motion of Councilman Griset, seconded by Councilman Ward and
carried with Councilman Yamamoto dissenting:
MORENO, Juan M., 424 E. Third Street, On Sale
Beer, Dropping Partner, Person to Person
Transfer. (CA 146)
Council received and filed the following ABC application on
motion of Councilman Griset, seconded by Councilman Garthe
and unanimously carried.
RESTAURANTS, ETC., 1602 E. First Street, On
Sale General Bona Fide Public Eating Place,
Person to Person Transfer. (CA 146)
Council reconsidered its earlier motion to receive and file
the following Alcoholic Beverage Control Application, on
motion of Councilman Markel, seconded by Councilman Griset
and carried with Councilman Evans voting NO:
DYNA-MATIC CORP. OF AMERICA, 1206 E. McFadden
Ave., On Sale Beer and Wine (Bona Fide Public
Eating Place), New. (CA 146)
Following discussion, the application was received and filed
on the unanimously carried motion of Councilman Griset,
seconded by Councilman Ward.
CONDITIONAL USE PERMIT CUP No. 73-3 filed by
NO. 73-3 the Apostolic Assembly
of Faith in Jesus Christ,
to build an addition to an existing church in the R 2 District
at 223 North Harper, recommended for approval by the Planning
Commission, was referred back to the Planning Commission
at its next regular meeting to consider the new evidence of
the petition presented to Council objecting to the issuance
of the permit, on the unanimously carried motion of Councilman
Evans, seconded by Councilman Ward. The motion further pro-
vided that the matter be set for public hearing before the
City Council at a later date when the further recommendation
and action of the Planning Commission could be presented to
Council. (CA 13.1)
CONDITIONAL USE PERMIT Council reconsidered
NO. 73-4 its earlier motion to
receive and file the
Planning Commission recommendation for approval of Conditional
Use Permit No. 73-4, filed by Frederich R. Sacher, to allow
retail sales of furniture in the M 1 District at 302 E.
CITY COUNCIL MINUTES 122 APRIL 16, 1973
Stevens, on the unanimously carried motion of Councilman
Markel, seconded by Councilman Garthe.
Following discussion the application, approved by the Planning
Commission, was received and filed on the unanimously approved
motion of Councilman Evans, seconded by Councilman Griset.
During discussion Councilman Markel raised objection to the
use of the industrial zone (M 1) for commercial purposes. (CA 13.1)
TENTATIVE PARCEL Tentative Parcel Map
MAP NO. 803 No. 803, filed by
Arthofer/Howard Develop-
ment Co. creating seven (7) R 1 parcels to be used for single
family homes, located generally on the southwest corner of
West Orange Road and Flower Street; waiver of alley require-
ment, was withdrawn from the Agenda at the request of the
applicant with Council approval. (CA 25)
RECESS
reconvened at
At 3:10 P.M., a five-
minute recess was
declared. Council
3:15 P.M. with all Councilmen present.
READING WAIVED The full reading of
ordinances and resolu-
tions, the titles of
which appeared on the public Agenda, was waived on the unani-
mously approved motion of Councilman Evans, seconded by
Councilman Griset.
ORD. NS-1160 ORDINANCE NS-1160
MUNICIPAL STADIUM AMENDING ARTICLE II,
CHAPTER 6, PART 2,
OF THE SANTA ANA MUNICIPAL CODE BY REPEALING AND RE-ENACTING
SECTION 2-740, SECTION 2-741 AND SECTION 2-742 TO PROVIDE
FOR REVISED RENTAL RATES RELATIVE TO USE OF SANTA ANA MUNICI-
PAL STADIUM was placed on second reading and adopted on motion
of Councilman Evans, seconded by Councilman Yamamoto and
carried on the following roll call vote:
AYES: Evans, Yamamoto, Markel, Garthe, Patterson,
Ward, Griset
NOES: None
ABSENT: None
Prior to the voting Council requested a report from staff
regarding suggestions and recommendations for promoting
increased usage of the Municipal Stadium. (CA 52.8)
RES. 73-26 A RESOLUTION OF THE
APPEAL NO. 315 CITY COUNCIL OF THE
JOSEPH N. TURNER CITY OF SANTA ANA
GRANTING APPEAL NO.
315 ON MINOR EXCEPTION 73-5 FILED BY JOSEPH N. TURNER was
adopted on motion of Councilman Evans, seconded by Councilman
Griset andwcarried on the following roll call vote:
CITY COUNCIL MINUTES 123 APRIL 16, 1973
AYES: Evans, Griset,
Ward
NOES: Yamamoto
ABSENT: None
Markel, Garthe,
Patterson,
(CA 50.10)
RES. 73-34 A RESOLUTION OF THE
DEFERRED COMPENSATION PLAN CITY COUNCIL OF THE
AMENDMENT CITY OF SANTA ANA
APPROVING A FIRST
AMENDMENT TO THE DEFERRED COMPENSATION PLAN ADOPTED M~ARCH 12,
1973, BY RESOLUTION NO. 73-21 was adopted on motion of Council-
man Evans, seconded by Councilman Griset and carried on the
following roll call vote:
AYES:
Evans, Griset, Markel, Gartho, Yamamoto,
Patterson, Ward
NOES: None
ABSENT: None
RES. 73-2 RESOLUTION NO. 73-2
WILLOWICK GOLF COURSE CONSENTING TO THE
DE-ANNEXATION DETACHMENT OF UNIN-
HABITED TERRITORY
FROM THE CITY OF SANTA ANA FOR THE PURPOSE OF PERMITTING THE
SAME TO BE ANNEXED TO THE CITY OF GARDEN GROVE was continued
until all information requested by Council at its April 2,
1973 meeting is available on the unanimously approved motion
of Councilman Griset, seconded by Councilman Evans.
(CA 52.6; A-73-3)
MEMORIAL POOL The letter dated April 5,
1973, from Mr. Don R.
Yancey, President of the
Southern California Aquatics Club, 14641 Canterbury Avenue,
Tustin, requesting a revised rental schedule for use of the
Memorial Park Pool, was referred to Staff for report and
recommendation on the unanimously approved motion of Council-
man Evans, seconded by Councilman Griset. (CA 52)
ORANGE COUNTY FAIR The letter dated April 11
HOUSING COUNCIL and April 16 from Mr.
Gerald Vind, Chairman
of the Orange County Fair Housing Council, 1405 West Santa Ana
Boulevard, requesting emergency financial support in the total
amount of $3,000, was considered by Council.
Mr. Vind stated that after a period of a month or so he would
like to return to Council with a review of the Housing Council
programs to perhaps negotiate at that time an arrangement with
the City for continuance of the proposed operations.
Three thousand dollars was appropriated from the Council con-
tingency Fund to the Orange County Fair Housing Council and
staff was requested to study ways and means in which the Fair
Housing Council can assist the City Housing Authority in the
area of home ownership and home maintenance counseling, on
motion of Councilman Griset, seconded by Councilman Ward and
carried with Councilmen Evans and Markel dissenting. (CA 112.15)
CITY COUNCIL MINUTES
124 APRIL 16, 1973
FIREARMS FELONIES A letter dated April 5,
COSTA MESA RESOLUTION 1973, from the City of
Costa Mesa, transmitting
a copy of their Resolution 73-27, relating to punishment for
felonies committed with firearms (Assembly Bill No. 95) was
referred to staff for review and return to Council, if necessary,
on the unanimously approved motion of Councilman Yamamoto,
seconded by Councilman Griset. (CA 57)
SALE OF ALCOHOLIC Resolution No. 73-244 of
BEVERAGES ON the County of Orange,
COUNTY PROPERTY Resolution 73-24 of the
City of Costa Mesa and
a report dated April 3, 1973 from Police Chief R. C. Davis,
all pertaining to a proposed modification of the County
ordinance excluding the consumption of alcoholic beverages
in County regulated recreational areas, were considered by
Council.
Council adopted a policy opposing any relaxation of rules
prohibiting the sale of alcoholic beverages in County public
recreational facilities and authorized a representative of
the Police Department to voice City's opposition at Board of
Supervisors' hearing, April 18, 9:30 a.m., on motion of Council-
man Griset, seconded by Councilman Yamamoto and carried on the
following roll call vote:
AYES: Griset, Yamamoto, Markel, Garthe
NOES: Patterson, Evans, Ward
ABSENT: None
(CA 47)
LATE CLAIM Permission for John Ray
JOHN RAY SILVAS, JR. Silvas, Jr. to file a
late claim for damages
against the City, requested in a petition filed March 10, 1973,
on Mr. Silvas' behalf by his attorneys was denied on the
unanimously carried motion of Councilman Evans, seconded by
Councilman Garthe. (CA 65.7)
CONSTRUCTION AND A letter dated April 9
ABANDONMENT OF WELLS 1973, from Dr. John R.
Philp, Orange County
Health Officer, recommending that Council adopt a proposed
ordinance (copy furnished by Health Officer) to regulate the
construction and abandonment of wells, was referred to staff
for report and recommendation on the unanimously approved
motion of Councilman Evans, seconded by Councilman Garthe.
(CA 87)
RES. 73-36 A RESOLUTION OF THE
CROSSWALK - WILSHIRE CITY COUNCIL OF THE
BETWEEN TOWNER AND OLIVE CITY OF SANTA ANA
ESTABLISHING A MID-
BLOCK CROSSWALK ON WILSHIRE AVENUE BETWEEN TOWNER STREET
AND OLIVE STREET was unanimously adopted on motion of
Councilman Griset, seconded by Councilman Evans.
CITY COUNCIL MINUTES 125 APRIL 16, 1973
Prior to adoption of the resolution Council considered the
memorandum dated April 10, 1973, from the Director of Public
Works recommending its adoption. Council further instructed
the City Clerk to notify the petitioners that an official
copy of the resolution would be presented to a group repre-
sentative at the next regular Council meeting, May 7, at
7:30 p.m. (CA 18.5)
PROPOSED UNDERGROUND The written recommenda-
UTILITY DISTRICT NO. 5 tion from the Director
of Public Works, dated
April 11, 1973, to schedule a public hearing, pursuant to
Section 37-2 of the Municipal Code on May 7 at 7:30 p.m., for
the purpose of ascertaining the necessity of converting the
existing overhead utility system to an underground system
within the area generally defined as bordering Sycamore Street
from Washington Avenue to Civic Center Drive, was unanimously
approved on motion of Councilman Griset, seconded by Councilman
Evans.
Councilman Ward requested additional information for the new
Councilmen on the policies regarding underground utility dis-
trict formation, particularly those referred to in the first
paragraph of the Director's report. (CA 134)
BUDGET TRANSFERS
approved motion of Councilman Ward,
Griset:
The following budget
transfers were approved
on the unanimously
seconded by Councilman
Appropriation Adjustment No. 46 to transfer
$137,245 from Account 11-000-911 to Account
11-113-849; and to transfer $29,430 from
Account 110-350 and $137,245 (total of $166,675)
from Account 110-911 to Account 110-334, for
Crime Specific Burglary Program. (CA 65.3)
Appropriation Adjustment No. 62 to transfer
$1,875 from Account 11-322-111 to Account
11-324-131; and to transfer $600 from Account
51-324-631 to Account 51-322-641, for Fire
Department personnel and equipment. (CA 65.3)
ORANGE COUNTY The written recommenda-
FLOOD CONTROL tion dated April 11,
SANTA ANA DELHI CHANNEL 1973, of the Director
of Public Works to
approve the plans and special provisions for the improvement
of the Santa Ana Delhi Channel (F-01) from Dyer Road to
Warner Avenue was unanimously approved on motion of Councilman
Griset, seconded by Councilman Evans. (CA 53)
RES. 73-38 A RESOLUTION OF THE
NARCOTICS INDEX GRANT CITY COUNCIL OF THE
CITY OF SANTA ANA
AUTHORIZING THE POLICE CHIEF TO EXECUTE AN APPLICATION FOR
GRANT DISCRETIONARY FUNDS TO THE U.S. DEPARTMENT OF JUSTICE,
LAW ENFORCEMENT ASSISTANCE ADMINISTRATION (LEAA) was unani-
mously adopted on Councilman Ward's motion, seconded by
Councilman Griset.
CITY COUNCIL MINUTES 126 APRIL 16, 1973
Prior to adoption of the resolution, Council reviewed the
reports from the City Manager and the Chief of Police dated
April 10 and April 9, respectively, recommending its adoption.
(CA 140.15)
PROJECT AREA COMMITTEE Selection of appointees
COMMUNITY REDEVELOPMENT to Project Area Committee
AGENCY was deferred subsequent
to an executive session
later in the meeting, on the unanimously approved motion of
Councilman Evans, seconded by Councilman Ward.
CODE OF ETHICS FOR CITY A proposed Code of Ethics
for the City, described
in a staff memorandum
dated March 29 and set forth in an attached resolution draft,
was referred to the City Attorney for report and recommendation,
with particular emphasis on the suggested penalties, on the
unanimously approved motion of Councilman Griset, seconded by
Councilman Markel. Additionally, Mayor Patterson requested
that the proposal be reviewed for consistency with State laws
on the subject. (CA 50.12)
PROPOSED CITY-SCHOOL Mayor Patterson expressed
ELECTION CONSOLIDATION his concern over the fact
that the City Council and
School Board elections had been separated by the short span of
two weeks' time and suggested that a return to the combined
elections would not only result in a savings to the taxpayer
but might insure a better turnout of voters.
The matter was referred to the City Attorney for report and
recommendation, to include information on State laws that may
be pending or pertinent, for presentation to Council within
30 days, on the unanimously approved motion of Councilman
Garthe, seconded by Councilman Yamamoto. (CA 68.4)
ORANGE COUNTY Following discussion,
REVENUE SHARING staff was directed to
PROGRAM prepare appropriate
reports for submission
to the County to obtain Revenue Sharing Funds for proposed
projects, with emphasis on social programs, on the unanimously
approved motion of Councilman Griset, seconded by Councilman
Yamamoto. (CA 57.2a)
COUNCIL VOTING Council considered Opinion
No. 73-27 dated April 12,
1973, from the office of
the City Attorney regarding the status of the vote of a Council
member who declines to attend meetings of the Housing Authority
and Redevelopment Agency. The opinion concluded that the vote
of the member should be recorded as "absent". Attorney's
Opinion No. 73-27 was received and filed on the unanimously
approved motion of Councilman Griset, seconded by Councilman
Garthe. (CA 81.1)
CITY COUNCIL MINUTES 127 APRIL 16, 1973
ORAL COMMUNICATIONS The oral request by
CINCO DE MAYO DECORATIONS Councilman Markel to
display a banner across
Main Street at 1438 South Main in observance of Cinco de Mayo
Day as he has previously done, subject to all administrative
and Municipal Code requirements, was unanimously approved on
motion of Councilman Evans, seconded by Councilman Ward.
(CA 45.1)
ORAL COMMUNICATIONS Councilman Yamamoto
PORNOGRAPHIC NEWSPAPER requested Council support
VENDING MACHINES to boycott stores where
pornographic newspaper
vending machines are located and available to minors.
Following discussion, the matter was referred to the City
Attorney for report and recommendation by unanimous informal
agreement. (CA 1S1)
EXECUTIVE SESSION At 4:20 P.M., the Mayor
announced that Council
would recess for an
Executive Session for discussion of personnel and legal matters
and that a report of any action taken would be given following
the recess or at the evening Council session.
The Council reconvened at 5:35 p.m., with all Councilmen
present.
SANTA ANA RIVER AND Councilman James E. Ward
SANTIAGO CREEK GREENBELT was appointed as the City's
COMMISSION representative to the
"Greenbelt Commission",
on the unanimously approved motion of Councilman Griset,
seconded by Councilman Evans. (CA 145.1a)
RECESS At 5:40 P.M., the meeting
was recessed to 7:30 P.M.,
at which time it was
reconvened with all Council members present. Follewing the
Pledge of Allegiance to the Flag, the Invocation was given by
Councilman Griset.
SPECIAL PRESENTATION Mayor Patterson recognized
SUPERVISOR ROBERT W. BATTIN Orange County Supervisor
Robert W. Battin and
explained that he was at the meeting to present to the Mayor
and Council a copy of the signed agreement between the City and
the Orange County Flood Control District for use of the Edna
Drive park site, adjacent to the Santa Ana River, for a 25-year
period.
Following presentation of the Agreement, Supervisor Battin
stated that the park site would be developed by the City as a
neighborhood picnicking and playground area. Mr. H. G. Osborne,
Chief Engineer of the Flood Control District was also present
for the ceremony. (CA 53; A-73-6)
CITY COUNCIL MINUTES 128 APRIL 16, 1973
PUBLIC AUCTION The Mayor announced that
SALE OF REAL PROPERTY this was the time and place
for the conduct of a public
auction for the sale of
City-owned real property located on the south side of Civic Center
Drive West of Bristol Street (Surplus Property Report 73-4) and
that the minimum bid was $43,060.
The Clerk announced that sealed bids were not required and that
a bid in the minimum amount had been received from A & C Commer-
cial Properties, 2041 South Susan Street.
Mr. Kent Child, representing A & C Properties confirmed his
company bid subject to receipt of a building permit from the City
and an Alcoholic Beverage Control beer and wine license.
The City Attorney stated that conditional bids were unacceptable.
Mr. Child stated that City staff had advised him that a conditional
escrow for purchase of the property could be provided; and that
he had relied on that information in making his bid.
The Mayor called three times for bids to purchase the property.
There was no response, and the Mayor announced that the property
would be retained on the surplus property for sale listing. (CA 45)
PUBLIC HEARING The Mayor opened the public
AMENDMENT APPLICATION hearing on Amendment Appli-
NO. 716 cation No. 716, filed by
Newport Equities Trust to
rezone property located at the southeast corner of First Street
and Euclid Street from the C 1 District to the R 2 PRD District.
The Planning Director reviewed the Findings of Fact dated March 12,
1973 and stated that the Planning Commission recommended approval
of the application.
The Clerk reported there were no written communications.
Proponent Jerry Mitchell, representing the applicant stated that
the rezoning was requested because the area needs help and the
present zoning is not the answer; that rezoning will advance the
concept of good planning and logical growth on the west side.
There were no other proponents and no opponents. The public
hearing was closed by the Mayor.
ORDINANCE NS-1162 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION 716 FILED
BY NEWPORT EQUITIES TRUST TO REZONE PROPERTY IN THE AREA
GENERALLY DESCRIBED AS THE AREA LOCATED AT THE SOUTHEAST
CORNER OF FIRST STREET AND EUCLID STREET STREET AND AMENDING
SECTIONAL DISTRICT MAP 16-5-10 (EXHIBIT A.A. 716-A)
was placed on first reading on motion of Councilman Evans,
seconded by Councilman Griset and carried on the following
roll call vote:
AYES: Evans, Griset, Markel, Garthe, Yamamoto, Patterson,
Ward
NOES: None
ABSENT: None (CA 10)
CITY COUNCIL MINUTES 129 APRIL 16, 1973
PUBLIC HEARING The Mayor opened the Public
APPEAL NO. 319 Hearing on Appeal No. 319
VARIANCE APPLICATION 73-13 filed by Dr. Donald E. Lind,
appealing the Planning
Commission's denial of Variance Application No. 73-13, to remodel
an existing legal non-conforming pet hospital and to waive a
portion of the required parking and the required parking lot
landscaping, in the C 2 District at 2643 North Main Street.
The Planning Director reviewed the Planning Commission Findings
of Fact dated March 26, 1973.
The following persons spoke in favor of the Appeal:
R. D. Ramos, Contractor for Dr. Lind:
Dr. Donald Lind, Appellant.
The proponents stated that the Variance Application was required
because the City was taking 19 feet of the property for street
widening purposes; and that they would prefer not to do the
extensive remodeling of the building if the present wall could
be reconstructed without additional work on the rest of the
building.
The Planning Director and the Director of Building Safety stated
that if the front four feet of the building were removed for
street widening purposes, the City would permit reconstruction
of the wall without requiring additional work on the rest of the
building; and that if additional work were done and it exceeded
fifty per cent of the value of the remaining structure that all
would have to be made to conform to Code.
The following persons spoke in opposition to the appeal:
Michael Madzoeff, 211 Marigold, Corona del Mar;
Martin Scott, 4615 Gorham Drive, Corona del Mar;
Fred J. Sifferman, 600 North Cypress Street, La Habra.
The opponents stated that they owned property adjacent to or in
the area of the proposed variance location; that it would down-
grade the area; that the Code standards should be preserved;
and that if the area is properly improved, it will provide
increased tax revenue for the City.
Letters from the following persons opposing the appeal were
received and filed after being read aloud:
Darrell Daugherty, 2261 Puesta del Sol, Escondido;
James E. Tweedt, owner of property at 2640 North Main Street;
W. W. Westpheling, General Manager, Bekins Moving and
Storage Co., 2510 North Main Street.
The proponents spoke in rebuttal stating that only one of the
opponents owned property within a 300 foot radius of the subject
property; that present parking is inadequate and when the City
acquires the 19 feet for street widening, it will be not only
inadequate but dangerous, as visitors would be required
to back in and out; that the variance would allow visitors to
park off the street and have complete turn-around capability
off the street.
The Mayor closed the public hearing.
CITY COUNCIL MINUTES 130 APRIL 16, 1973
The Planning Commission denial of the Variance Application was
upheld; the appeal was denied, and the City Attorney was
instructed to prepare a resolution accordingly for the next
Council meeting, on motion of Councilman Griset, seconded by
Councilman Ward and carried on the following roll call vote:
AYES: Griset, Ward, Yamamoto, Patterson
NOES: Markel, Garthe, Evans
ABSENT: None (CA 13.3)
PUBLIC PROPERTY USE A written requeste dated
FREMONT ELEMENTARY SCHOOL April 9, 1973
to close off a portion
of Civic Center Drive for a Cinco de Mayo parade on Friday,
May 4, from 12:30 P.M. to 1:00 P.M., was approved subject to
all applicable Municipal Code and administrative requirements,
on the unanimously approved motion of Councilman Evans,
seconded by Councilman Griset. (CA 45.1)
STANDARD PACIFIC An assignment of money
CORPORATION AGREEMENT due Standard Pacific
ASSIGNMENT Corporation, in accordance
with an agreement with
the City dated February 22, 1972, to Johnson, Levine and Company,
235 Montgomery Street, San Francisco, dated and executed April 16,
1973, was unanimously approved on motion of Councilman Evans,
seconded by Councilman Griset.
FIRE SERVICE An agreement between the
AGREEMENT cities of Orange, Tustin
and Santa Ana for response
by the station closest to the fire without regard for city
boundaries was approved and the Mayor and Clerk were authorized
to execute the agreement on motion of Councilmen Evans, seconded
by Councilman Griset and carried with Councilman Markel dissenting.
(CA 64; A-73-22)
HEARING OFFICER The delegation by the Police
APPOINTMENT Chief of hearing functions
to a Hearing Deputy, namely
Robert J. Polis, was approved on motion of Councilman Griset,
seconded by Councilman Evans and carried with Councilman Markel
dissenting. The motion provided that reimbursement for the
service shall not exceed $300. Mr. Polls will serve as hearing
officer in the matter of the proposed revocation of the Certifi-
cate of Convenience and Necessity issued to UTe Corporation to
operate taxicabs in the City. (CA 26.2; CA 47)
ORAL COMMUNICATIONS The Mayor recognized
POTATO BIN ACQUISITION Mr. Donald Drew, Attorney,
representing Mr. and Mrs.
Fisher, owners of the property at First Street and Forest Avenue
which is being acquired by the City in conjunction with the
widening of First Street.
Mr. Drew stated that the partial "take" of the property will
damage it severely and requested Council to investigate and
authorize total acquisition of the property; and that it is a
legislative determination, and should not be made by staff.
CITY COUNCIL MINUTES 131 APRIL 16, 1973
The consensus was that Council had relied on staff recommendation
in the matter and would continue to do so. (CA 89 G)
ORAL COMMUNICATION The Mayor recognized Mr.
BUS SERVICE John Evans, 1206 West
Fifth Street. He stated
that his son had boarded a bus in the Shopping Center at
MacArthur Boulevard and had gone to Corona del Mar; that he
had boarded a bus at Broadway in Corona del Mar thinking that
it would return to Santa Aha; that instead it had taken him
to Laguna where the bus driver told him to get off the bus or
pay 25¢; and that his son was stranded and had called Mr.
Evans collect to drive him back home; and that, in his opinion,
the bus driver had acted improperly.
Mayor Patterson advised Mr. Evans to forward his complaint to
the Transit District. (CA 84.4)
EXECUTIVE SESSION Council recessed at 10:00
P.M., for an executive
session to consider person-
nel matters on the unanimously approved motion of Councilman
Yamamoto seconded by Councilman Garthe. The meeting reconvened
at 10:30 P.M., with all members present.
DEPUTY CLERK OF THE The Class Specification
COUNCIL for Deputy Clerk of the
Council was approved,
one Typist Clerk I position was re-classified to Deputy Clerk
of the Council, and RESOLUTION 73-39, A RESOLUTION OF THE CITY
COUNCIL OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281
TO ADD CLASS TITLE OF DEPUTY CLERK OF THE COUNCIL was adopted
by title only and full reading was waived on the unanimously
approved motion of Councilman Ward, seconded by Councilman
Griset. (CA 50.1; CA 75)
PROJECT AREA COMMITTEE The following persons were
nominated to the Project
Area Committee for the
Community Redevelopment Program on the unanimously approved
motion of Councilman Evans seconded by Councilman Griset;
Councilman Markel was absent:
Albert Alves, 508 N. Main Street, Santa Ana
Wayne Rash, 126 South Glassell, Orange
Pauline Lockwood, 1620 South Birch, Santa Ana
Howard Way, 715 West Second Street, Santa Ana
Bob Waldron, 2020 North Broadway, Santa Ana
Warren Schmidt, 943 West Orange Road, Santa Ana
Robert Scott, 1602 North Ross, Santa Ana
Chris Christeson, 801 Bush, Santa Ana
Bill Brown, 205 West Eighth Street, Santa Ana
Jim Patterson, 401 Civic Center Drive West, Santa Ana
Dave Flaherty, 116 West Fourth Street, Santa Ana
The Mayor stated that appointment of the above named persons
was subject to their meeting the four criteria set forth in
the Health and Safety Code of the State of California; that
any of those persons who do not, shall be omitted from the group
but that no additional appointments will be made; and that those
who do satisfy Code requirements will comprise the Project Area
Committee. (CA 82.3)
CITY COUNCIL MINUTES 132 APRIL 16, 1973
ADJOURNMENT The meeting was unanimously
adjourned at 10:30 P.M.,
on motion of Councilman
Evans, seconded by Councilman Yamamoto.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES
133 APRIL 16, 1973