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HomeMy WebLinkAbout05-07-1973MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 7, 1973 The meeting was called to order by Vice Mayor Vernon S. Evans at 2:09 P.M. in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the following Councilmen present: Lorin Griset, John Garthe, J. Ogden Markel, James E. Ward, and Harry K. Yamamoto. Mayor Patterson arrived at 4:40 P.M. 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 The Minutes of the Regular Meeting of April 16, 1973, and the Adjourned Regular Meeting of April 10, 1973 were approved as submitted, on motion of Councilman Yamamoto, seconded by Councilman Garthe, and unanimously carried. COMMUNITY REDEVELOPMENT At 2:10 P.M., Council AGENCY recessed to convene the Community Redevelopment Agency. The meeting reconvened at 2:45 P.M. with all Councilmen present. CONSENT CALENDAR The following Agenda items were removed from the Con- sent Calendar: Items 2 B, 3 A, 7 A, and 10 D requested by Councilman Ward; Items 5 A, 5 D, 5 F, and 5 I requested by Councilman Yamamoto; Items 1 F, 2 A, 2 C, 3 C, and 9 B requested by Councilman Markel; and Item 10 C requested by Vice Mayor Evans. On motion of Councilman Yamamoto, seconded by Councilman Griset, and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: BID CALLS the following: Approved plans and specifi- cations, and authorized advertisement for bids on SPEC. 73-011 - Playground equipment for Mabury Park; opening date, May 24, 1973, 2:00 p.m. (CA 89G) SPEC. 73-012 - Portable burglar alarm system; opening date, June 7, 1973, 2:00 p.m. (CA 89G) SPEC. 73-013 - Vehicle follower system; opening date, June 7, 1973, 2:00 p.m. (CA 89A) SPEC. 73-014 - Passive night vision system; opening date, June 7, 1973, 2:00 p.m. (CA 89A) SPEC. 73-015 - Four high band mobile radios; opening date, June 7, 1973, 2:00 p.m. (CA 89A) CITY COUNCIL MINUTES 134 MAY 7, 1973 CONSENT CALENDAR - Continued PROJECT 5013 - Modification of signals at Seventeenth Street and Grand Avenue, Mc Fadden Avenue and Grand Avenue, and installation of new signals and lighting systems at Seventeenth Street and Cabrillo Park Drive; opening date, May 24, 1973, 2:00 p.m. (CA 89B) PROJECTS 8022 AND 7026 - Construct the east half of Sherry Lane between Sixth Street and Fruit Street and south half of Fruit Street between Sherry Lane and Cabrillo Park Drive; and Construct Santa Fe Street across and City's East Reservoir site; opening date, June 8, 1973, 2:00 p.m. (CA 89F) AGREEMENTS agreement: Approved and authorized the Mayor and Clerk to execute the following GENERAL PLAN OPEN SPACE ELEMENT AGREEMENT- Between the City and Lampman and Associates, Consultants, for preparation of Open Space Element for inclusion in the General Plan. (CA A-73-24) TRAFFIC April 14, 1973 through May 1, Received and ordered filed Report of control devices removed or installed 1973, inclusiYe. (CA 18.3a) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and ordered filed the following Alcoholic Beverage License Applications: KAWAZOYE, Yoshio, 619 W. McFadden, Person to Person Transfer, Off Sale Beer & Wine. CCA 146) GOURMET CONCESSIONS, 414 W. lYth St., Stock Transfer, Off Sale General. [CA 146) BELTRAN, Ceasar, 601 E. St. Andrews, Person to Person Transfer, Off Sale Beer & Wine. CCA 146) THE YOUNG RANCH, INC., 2370 - A N. Tustin Ave., Person to Person Transfer, Off Sale General. (CA 146) NATIONAL CONVENIENCE, East of the soutkeast corner of Bristol & Civic Center Drive, Original, Off Sale Beer & Wine. (CA 146) SOLICITATION APPLICATIONS Approved the following solicitation applications: THE NATIONAL FOUNDATION - MARCH OF DIMES, ORANGE COUNTY CHAPTER, crutch sale and coin CITY COUNCIL MINUTES 135 MAY 7, 1973 CONSENT CALENDAR - Continued containers, to support March of Dimes Birth Defect Center Program; from May 8, 1973 to May 12, 1973, inclusive. (CA 91) ORANGE COUNTY CHAPTER, NATIONAL CYSTIC FIBROSIS FOUNDATION, volunteer door-to-door, for public education, medical dissemination, patient service, support of local patient care, support of local diagnostic care and research clinic at Children's Hospital of Orange County; from June 20, 1973 to July 20, 1973, inclusive. (CA 91) FIESTAS PATRIAS COMMITTEE - "OUR LADY OF GUADALUPE", telephone and personal visit for donations, for up-keep and maintenance of educational, cultural, recreational and religious facilities at Our Lady of Guadalupe Church and support of their activities and programs; from June 1, 1973 to July 30, 1973~ inclusive. (CA 91) THE BALLET MONTMARTRE - Ballet performance, to further the art of classical ballet and provide scholarships for qualified students; on May 18, 1973. (CA 91) AMERICAN LEGION AUXILIARY UNIT 131 Poppy Sale, proceeds to be used for Child Welfare and Rehabilitation work of Veterans and theiz families; from May 18, 1973 to May 19, 1973, inclusive. (CA 91) VARIANCES AND MINOR EXCEPTIONS Received and ordered filed the following application: MINOR EXCEPTION 73-9, EARL D. CLARK - To allow a 2 car garage to remain between 2 houses at a distance of 4 feet between each in tke R 3 B District at ?03 S. Sycamore Street; APPROVED. (CA 13.2) PUBLIC PROPERTY USE License to Use Public Property: Ratified administrative approval of the following Application for Special MIGUEL MATURINO, on behalf of MECHA, use of E1 Salvador Park for open air meeting to include sacred songs and addresses by attorneys and community people; on April 29, 1973 from 2:00 P.M. to 5:00 P.M. (CA 45.1) DEEDS, NO CASH Received and ordered filed GRANTEE, CITY a report of No-Cash Deeds accepted by the City Mana- ger, pursuant to Resolution #69-156, from April 12, 1973 through May 2, 1973, inclusive. (CA 155; Deeds 5210, S212, S214, 5215, 5216, 5217, S218, 5219) CITY COUNCIL MINUTES 136 MAY 7, 1973 CONSENT CALENDAR - Continued TENTATIVE PARCEL/ TRACT MAPS Director's report Approved the following maps subject to conditions con- tained in the Planning and waived the alley requirements on both: TENTATIVE PARCEL MAP #803 Filed by Arthofer/ Howard Development Co., creating eight (8) R 1 parcels to be used for single family homes, located generally on the southwest corner of West Orange Road and Flower Street. (CA 25) TENTATIVE PARCEL MAP #808 Filed by Chazen Development Company creating three (3) C 2 parcels, to be used for commercial uses, located generally on the northeast corner of Segerstrom Avenue and Bristol Street. CCA 25) COMPLETION OF IMPROVEMENTS on the following: Authorized release of performance, monument, labor and material bonds TRACT TRACT TRACT 6610 - Birch Street and Juniper Avenue. 7408 - Alton Avenue and Sycamore Street. 7494 - Dyer Road and Sycamore Street. (CA 24) * * * * * * * * CONSENT CALENDAR FINIS BID CALL On motion of Councilman SPEC. 8-005 A Griset, seconded by Council- man Yamamoto, on a 5 - 1 vote, with Councilman Markel voting NO, Council approved the plans and specifications, and authorized advertisement for bids on the following: SPEC. 8-005 A - Portable patient monitoring scope and defibrillator; opening date, June 5, 1973, 2:00 P.M. (CA 89 G) BID AWARDS On motion of Councilman SPEC. 8-005 Griset, seconded by Council- man Yamamoto, with Council- man Markel voting NO, Council on a 5 - 1 vote awarded contract as follows on the basis of the lowest, best and most responsible bidder: SPEC. 8-005 Intensive Care Emergency Rescue Van. Awarded contract to Stoner Western Co., 12504 Whittier Blvd., Whittier. (CA 89 A) BID AWARDS On motion of Councilman PROJECT 6074 Griset, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote, Council rejected the lone bid received and referred to staff for furthe~ analyzing the following: CITY COUNCIL MINUTES 137 MAY 7, 1973 PROJECT 6074 - Construct swimming pool in E1 Salvador Park. (CA 89G) BID AWARDS On motion of Councilman PROJECT 1276 A Griset, seconded by Councilman Ward, on a 5 - 1 vote, with Councilman Markel voting NO, Council extended to May 15, 1973, at 2:00 P.M., the bid opening date on the following: PROJECT 1276 A - Remove and remodel portion of Potato Bin at the northwest corner of First Street and Forest Avenue. (CA 89G) AGENDA ORDER Councilman Garthe's motion to continue Item 3 A on the Agenda, namely, the Arterial Highway Financing Program Agreement; to the evening to be considered in conjunction with Item 47 B, namely, the Civic Center Parking Program, was seconded by Councilman Yamamoto, and unanimously carried. AGREEMENTS On motion of Councilman FARMERS INSURANCE GROUP Griset, seconded by Council- man Yamamoto, on a 5 - 1 vote, with Councilman Markel voting NO, Council approved and authorized the Mayor and Clerk to execute the following agreement: SETTLEMENT AGREEMENT - Between the City and Farmers Insurance Group re-installation of traffic light at Memory Lane and Flower Street. (CA A-73-25) ALCOHOLIC BEVERAGE Council received and filed LICENSE APPLICATIONS the following ABC applica- tion on motion of Council- man Griset, seconded by Councilman Ward, and carried on a 5 - 1 vote, with Councilman Yamamoto dissenting: NO-JAN, INC., 1019 South Fairview, 50% stock transfer, On Sale General CPublic Premises). (CA 146) Council received and filed the following ABC application on motion of Councilman Ward, seconded by Councilman Griset and carried on a 4 - 2 vote, with Councilmen Yamamoto and Evans dissenting: GOODELL, Raymond E., 701 N. Harbor Blvd., Person to Person Transfer, Dropping Partner, On Sale Beer. (CA 146) Council received and filed the following ABC application on motion of Councilman Ward, seconded by Councilman Griset, and carried on a 5 1 vote with Councilman Yamamoto dissenting: GREEN, Frank D., Jr., 1630 S. Standard, Person to Person Transfer, On Sale Beer. (CA 146) Councilman Yamamoto's motion to instruct the City Attorney to protest the following ABC application until such time as the applicant enters into a contract similar to that entered into for "The Sportsman" Bar", located at 4406 West Bolsa, on January 19, 1971, approved by Council on February 16, 1971, and the contract is resubmitted to Council for approval, was seconded CITY COUNCIL MINUTES 138 MAY 7, 1973 by Councilman Markel, and carried on a 4 2 vote, with Councilmen Evans and Garthe dissenting: JENKINS, Louis, 3610 E. & F. West First, Person to Person, On Sale Beer. Prior to voting, Lt. Eugene Hansen of the Police Department stated that Mr. Jenkins had been the Manager and operator of the estab- lishment since November, 1971. (CA 146) VA 73-15 FREDSON CAMPER SUPPLIES & SERVICE tion to an existing facilities in the C Variance Application 73-15 filed by Fredson Camper Supplies and Service, to construct a building addi- trailer supply store and increase the parking 2 and R 2 B Districts at 815 North Harbor Boulevard, recommended for approval by the Planning Commission, was received and filed on motion of Councilman Griset, seconded by Councilman Yamamoto, and unanimously carried, on a 6 0 vote. (CA 13) DEEDS, NO CASH On motion of Councilman GRANTOR, CITY Griset, seconded by Councilman Ward, on a 5 1 vote, with Councilman Markel voting NO, Council approved execution of the following deeds by the Mayor and Clerk on April 16, 1973: VARIOUS OWNERS OF RECORD, northwest side Ritchey northeast side Newport, vehicular access rights. VARIOUS OWNERS OF RECORD, north side McFadden, west side Lyon, vehicular access rights. VARIOUS OWNERS OF RECORD, (Sherwood) east of Main north of Columbine, quitclaim of any and all rights. SOUTHERN PACIFIC TRANSPORTATION CO., east of Main, south of Central, drainage purposes. (CA 155; Deeds 5202, 5205, 5206, 5213) TENTATIVE PARCEL Tentative Parcel Map # 806, MAP # 806 filed by Camlle.Christian Church, Inc., creating two (2) R 1 parcels, proposed parcel # 1 to be used for school pur- poses and parcel # 2 to be used for an existing church site, located generally on the northwest corner of Cedar Street and Bishop Street, was approved subject to conditions contained in the Planning Director's report, and the alley requirement was waived, on a 5 1 vote on motion of Councilman Griset, seconded by Councilman Ward, with Councilman Evans dissenting. TENTATIVE TRACT Council considered Tentative MAP # 8203 Tract Map #8203 filed by W. L. Builders Corp. creat- ing 583 R 1-PRD lots to be used for single family residential, located generally between Raitt Street and Greenville Street on the south side of Warner Avenue. Councilman Ward and stated that and graffiti. objected to the 6 foot wall along Warner Avenue, it would lead to more noise, maintenance problems, CITY COUNCIL MINUTES 139 MAY 7, 1973 After hearing from Mr. Ronald Martin, 2212 Dupont Drive, Irvine, the engineer on the proposed project, who stated that he would submit a design to the Planning Department for an alternative wall, the tentative tract map was approved subject to the submittal by Mr. Martin to the Planning Department of a design for an alternative wall that would be acceptable to the Planning Director on motion of Councilman Ward, seconded by Councilman Markel, and unanimously carried on a 6 0 vote. (CA 24) READING WAIVED The full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived on the unanimously approved motion of Councilman Griset, seconded by Councilman Yamamoto, which carried on a 6 0 vote. ORD. NS-1162 ORDINANCE NS-1162 APPROVING A.A. 716 AMENDMENT APPLICATION 716 NEWPORT EQUITIES TRUST 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 AND AMENDING SECTIONAL DISTRICT MAP 16-5-10 (EXHIBIT A.A. 716-A) was adopted on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Markel, Garthe, Yamamoto, Evans NOES: None ABSENT: Patterson (CA 10) RES. 73-19 A RESOLUTION OF THE CITY SCREENING OF COUNCIL OF THE CITY OF APPURTENANCES SANTA ANA ESTABLISHING GUIDES TO SCREENING OF MECHANICAL EQUIPMENT OR APPURTENANCES PURSUANT TO SECTION 41-622 OF THE SANTA ANA MUNICIPAL CODE was adopted on motion of Council- man Griset, seconded by Councilman Ward, and unanimously carried on a 6 - 0 vote. (CA 87; CA 74) RES. 73-41 Councilman Griset's motion APPEAL NO. 319 to adopt A RESOLUTION OF DONALD E. LIND THE CITY COUNCIL OF THE CITY OF SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING APPEAL #319 ON VARIANCE APPLICATION 73-13 was seconded by Councilman Ward, and failed to carry on the following vote: AYES: Griset, Ward, Yamamoto NOES: Evans, Garthe, Markel ABSENT: Patterson Vice Mayor Evans' motion to defer the consideration of the resolution to the evening agenda was seconded by Councilman Ward, and unanimously carried on a 6 - 0 vote. RES. 73-42 COMMUNITY REDEVELOPMENT Councilman Markel absented himself from the platform. CITY COUNCIL MINUTES 140 MAY 7, 1973 FINANCIAL DISCLOSURE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DETERMINING THAT THE CONTINUED PARTICIPATION BY AGENCY OR COMMUNITY OFFICERS OR CITY EMPLOYEES WHO HAVE MADE WRITTEN FINANCIAL DISCLOSURE OF PERSONAL INTEREST IN THE COMMUNITY REDE- VELOPMENT AREA, IN THE FORMULATION OF OR APPROVAL OF PLANS OR POLICIES FOR THE REDEVELOPMENT OF THE PROJECT AREA, WILL NOT BE CONTRARY TO THE PUBLIC INTEREST was adopted on motion of Council- man Griset, seconded by Councilman Ward, and unanimously carried on the following vote: AYES: Griset, Ward, Garthe, Yamamoto, Evans NOES: None ABSENT: Patterson, Markel (CA 82.2) RES. 73-43 PROJECT AREA COMMITTEE COMMUNITY REDEVELOPMENT AGENCY seconded by Councilman Yamamoto, Councilman Griset's motion to defer consideration of resolution until after the Executive Session was and carried on the following vote: AYES: Griset, Yamamoto, Garthe, Evans, Ward NOES: None ABSENT: Patterson, Markel Mrs. Lee Podolak, 5123 Elsinore Avenue, Orange, President of the Santa Ana- Tustin League of Women Voters, read a state- ment to Council concerning membership of the Project Area Committee. The statement requested that membership of the Committee be expanded to meet all requirements of the law, and specifically that it should include residential tenants, typical residential owners, and people of Mexican heritage. Councilman Griset's motion to receive and file the statement was seconded by Councilman Garthe, and unanimously carried on a 6 - 0 vote. (CA 82.3) RES. 73-45 A RESOLUTION OF THE CITY DELINQUENCY PREVENTION COUNCIL OF THE CITY OF SANTA ANA IMPELMENTING THE OMNIBUS CRIME CONTROL AND SAFE STREET ACT FOR COMMUNITY REHABILITATION OF JUVENILE OFFENDERS AND DROPOUTS THROUGH COMMUNITY BASED ACTIVITIES was adopted on a 4 - 2 vote, on motion of Councilman Griset, seconded by Councilman Yamamoto, with Councilmen Garthe and Markel dissenting. (CA 140.9) RES. 73-40 A RESOLUTION DECLARING "WARNER AND GRAND THE ANNEXATION OF TERRITORY SOUTH ANNEXATION" DESIGNATED "WARNER AND GRAND SOUTH ANNEXATION" was adopted on motion of Councilman Griset, seconded by Council- man Garthe, and unanimously carried on a 6 0 vote. (CA 94) HUMAN RELATIONS COMMISSION The letter from Rae Arroyo, dated April 10, 1973, resigning as a member of the Human Relations Commission was accepted with regret on motion CITY COUNCIL MINUTES 141 MAY 7, 1973 of Councilman Griset, seconded by Councilman Garthe, and unani- mously carried on a 6 - 0 vote. (CA 131.1) AUDITING FEES Council accepted as satisfactory the proposal contained in the letter from Diehl, Evans and Company, dated April 13, 1973, which set forth a new maximum fee of $4,7S0 for auditing services to the City for the fiscal year ending June 30, 1974, on motion of Councilman Griset, seconded by Councilman Garthe, and carried on a S 1 vote, with Councilman Markel dissenting. (CA 65) CIVIC CENTER COMMISSION Council considered the letter from William J. Stauffer, dated April 24, 1973, resigning as a member of and as President of the Orange County Civic Center Commission. Councilman Griset's motion to receive and file the letter of resignation expressing appreciation for the job that Mr. Stauffer has done so faithfully on the Com- mission, was seconded by Councilman Markel, and unanimously carried on a 6 - 0 vote. (CA 77.3) CIVIC CENTER PROGRAM desire that the parking seconded by vote. PARKING Councilman Griset's motion to advise the Civic Center Commission of the Council's the Commission undertake a comprehensive study of situation in and around the Civic Center, was Councilman Garthe, and unanimously carried on a 6 Prior to voting, Councilman Griset stated that he felt it was very important for the Civic Center Commission to have the responsibility for the operation of the entire Civic Center in addition to the responsibilities of development. Councilman Ward stated that he was concerned about tke large amount of asphalt being planned surrounding the Civic Center; that he was in favor of free parking to employees; and requested that the Civic Center Commission thoroughly research the aspect of parking alternatives. (CA 77.5) AGREEMENT In accordance with the AHFP PROJECT NO. 644 approval of an earlier motion to consider the agreement in conjunction with the Civic Center Parking Program, Council approved Arterial Highway Financing Program Project No. 644 for acquisition of right of way and construction of Civic Center Drive between Birch Street and Santa Ana Boulevard and encouraged staff to seek the cooperation of the County to develop Civic Center Drive in conformance with City standards, on motion of Councilman Griset, seconded by Councilman Garthe, and carried on a 5 1 vote, with Councilman Markel dissenting. (CA A-73-23; CA 29.4a) AGENDA ORDER Councilman Griset's motion to defer Agenda Item 48, namely, a request for appointment to the Project Area Committee, until after the scheduled Executive Session, was seconded by Councilman Ward, and unanimously carried. CITY COUNCIL MINUTES 142 MAY 7, 1973 UHF RADIO EQUIPMENT Council authorized purchase of additional radio equip- ment from Motorola Communi- cations Company under the County of Orange's contract GO 4000, after considering a report from the Purchasing & Property Control Officer dated May 2, 1973, on motion of Councilman Griset, seconded by Councilman Garthe, and unanimously carried on a 6 - 0 vote. (CA89 G) AGENDA ORDER Council deferred until after the Executive Session the consideration of Agenda Item 48, on motion of Councilman Griset, seconded by Councilman Ward, and unanimously carried on a 6 0 vote. MUNICIPAL STADIUM USE Council considered the reports of the City Manager and the Park Superintendent dated April 30, 1973, and April 27, 1973, respectively, pertaining to the use of the Municipal Stadium which had been referred to staff on April 16, 1973. Mr. Rick Norton, of Norcorp of America, 3871 South Main Street, stated that his company wanted to hold a weekend swap meet in the parking lot adjacent to the Municipal Stadium, and inquired as to the procedure for permission to do so. He was advised by the City Manager that he could apply to staff and if denied, could appeal to Council. After discussion, Councilman Ward moved that the matter of Municipal Stadium use be referred to the Recreation and Parks Board for study and that they consider 1) The addition of a superintendent or a person in charge of promoting utilization of the stadium, and 2) The utilization of the stadium at noon time as a snack bar. The motion was seconded by Councilman Markel, and unanimously carried on a 6 0 vote. During the discussion, other suggestions were made for the use of the stadium including the holding of art shows or concerts during the noon hour, motorcycle races, and rodeos. (CA 52.8) BUDGET TRANSFER Council approved Appropria- tion Adjustment No. 81, to transfer $2,800 from Account 11-131-111 to Accounts 51-131-65 and 51-131-641, in the amounts of $900.00 and $1,900.00, respectively, on motion of Councilman Griset, seconded by Councilman Yamamoto, and unani- mously carried on a 6 - 0 vote, after considering the request from the City Attorney dated May 2, 1973. (CA 65.3) CLASSIFICATION SPECIFICATION REAL PROPERTY AGENT RES. 73-35 need for a Real Property Agent in the due to the reorganization of the Real department. Council considered the report of the Director of Personnel dated April 10, 1973, setting forth the Department of Public Works Property Section of that CITY COUNCIL MINUTES 143 MAY 7, 1973 Council approved the class specification, and adopted RESOLUTION 73-35 AMENDING SECTION 30E RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF REAL PROPERTY AGENT, on motion of Council- man Griset, seconded by Councilman Ward, and carried on a 5 - 1 vote, with Councilman Markel dissenting. (CA 50.1) CODE OF ETHICS Council considered the report of the City Attorney dated May 1, 1973, commenting on the proposed Code of Ethics before Council. The matter had been referred to staff on April 16, 1973. Councilman Yamamoto's motion to adopt an ordinance incorporating the proposed Code of Ethics failed for lack of a second. After discussion, Council referred the document back to the City Attorney's office for refinement on motion of Councilman Griset, seconded by Councilman Garthe, and unanimously carried on a 6 0 vote. Prior to voting the City Attorney stated that there were many problems inherent in the document, with the problem of enforce- ment being among them. Councilman Griset stated that he felt the document to be con- tradictory in places and unnecessary since both the Charter and the Municipal Code provide for a code of ethics which was very high. Councilman Garthe stated that he felt that if an ordinance incorporating a code of ethics were not adopted, that the Charter should be amended as recommended by the City Attorney. (CA50.12) RECESS At 4:40 P.M. a recess was declared. The meeting reconvened at 4:47 P.M. with all Councilmen present, Councilman Patterson having arrived during the recess. NEWSPAPER VENDING Councilman Patterson's MACHINES motion to receive and file the City Attorney's report dated May 1, 1973 on methods to control the distribution of newspapers through vending machines on the public right-of-way was seconded by Councilman Markel, and unanimously carried. The matter had been referred to staff on April 16, 1973. The report stated that due to the First Amendment protection, the City did not have any effective remedy against selected publications which may offend certain elements of the population. (CA 153) RES. 73-45 A RESOLUTION OF THE CITY COMMENDING COUNCILMAN COUNCIL OF THE CITY OF RAY VILLA CITY OF SANTA ANA COMMEND- ING COUNCILMAN RAY VILLA was read by title only and unanimously adopted on motion of Councilman Griset, seconded by Councilman Evans. (CA 80; CA 73 B) CITY COUNCIL MINUTES 144 MAY 7, 1973 AGENDA ORDER evening meeting following the informal consent. Agenda Items 36, 38, 48 and $7 through 65 inclusive were continued to the regular evening Agenda by unanimous EXECUTIVE SESSION liaison appointments. Council recessed at 5:00 P.M., to consider Board and Commission and Council RECESS At 6:00 P.M., the meeting was reconvened with all Councilmen present and immediately recessed to 7:30 P.M., at which time it was recon- vened with all Council members present. PLEDGE OF ALLEGIANCE There was flag ceremony led by Girl Scout Troop 644, Willard Jr. High School, which included a Color Guard. The Mayor introduced the Girl Scouts, namely, Tanji Fields, Tami Fields, Leslie Riley, Meg Stroud, Patty Hogseth, Janet Johnson, Martha Allen, Debbie Stevens, and their leader, Mrs. Galal Gough. (CA 9.4) INVOCATION Center. The invocation was given by Chaplain Herman Baerg, Orange County Medical ORANGE COUNTY GIRL SCOUTS Council, and requested that she scouting activities in the City. The Mayor acknowledged Mrs. Lucille Murphy, Chairman of the Santa Ana Girl Scout give a report on some of the Mrs. Murphy stated that the Girl Scouts had been very active recently; that they had launched tree and shrub planting in the City parks, planting in six parks in 1972 and four parks in 1973; that they had conducted litter campaign programs; that the flags in the Plaza of the Flags had been hemmed by the Girl Scouts. Mrs. Murphy stated that all of the work which had been accomplished would not have been possible without the help of the Recreation and Parks Department, Fire Department, Public Works Department, Mrs. Weston Walker of Let's Improve Santa Aha. (CA 9.4) SPECIAL PRESENTATION The Mayor read aloud A RES. 73-45 RESOLUTION OF THE CITY RAY VILLA COUNCIL OF THE CITY OF SANTA ANA COMMENDING COUNCILMAN RAY VILLA, and presented the Resolution, along with a plaque, to Ray Villa, former Santa Ana City Councilman. SPECIAL PRESENTATION RES. 73-36 CROSSWALK - WILSHIRE AVENUE which prompted the establishment of a The Mayor asked that Councilman Evans aid in the presentation since he had received the petition crosswalk on Wilshire CITY COUNCIL MINUTES 145 MAY 7, 1973 Avenue. Councilman Evans read A RESOLUTION ESTABLISHING A MID-BLOCK CROSSWALK ON WILSHIRE AVENUE BETWEEN TOWNER STREET AND OLIVE STREET, and presented a copy of the Resolution to Mrs. Shirley Harrelson, stating that it was through the efforts of Mrs. Harrelson and the P.T.A. at Martin Elementary School that the crosswalk had been established. (CA 18.S; CA 151.5) SPECIAL ACKNOWLEDGMENT whom had been recently Councilman Markel introduced Mrs. Nancy Pryor and Mrs. Elizabeth Robinson, both of elected to the Santa Aha School Board. Councilman Markel then introduced his wife, Mrs. J. Ogden Markel. This was followed by an introduction of Mrs. Harry K. Yamamoto, Mrs. Vernon S. Evans, Mrs. James E. Ward, and Mrs. Lorin Griset. PUBLIC HEARING The Mayor announced that it TIME CAPSULE was the time and place for the opening of the time capsule recovered from the Old City Hall, 217 North Main Street, on April 16, 1973. The Mayor introduced Mr. Gifford Giles, 1202 Hickory Street, 72 years of age, who had been one of the workmen during construc- tion of the Old City Hall. Mr. Giles stated that he had been instrumental in putting on the last of the hardware of the building. The Mayor introduced Mr. and Mrs. William Penn, 1314 E. 14th St. Mr. Penn had been a member of the City Council in 1935. Mr. Penn briefly described the circumstances surrounding the building of the 1935 City Hall. The Mayor introduced Mrs. Alice Baker and her daughter Katie Baker, 1517 West Borchard, the daughter and granddaughter of William Smith, who died in 1943. Mr. Smith had been employed by the City as a Meter Box Man, and his name was inscribed on the outside of the capsule. The Mayor announced that Mr. the Old City Hall, was unable vacation in New York. Allison Honer, the Contractor for to be present in that he was on The Mayor introduced Mr. James D. Sleeper, Historian, and Chairman of the Cultural Heritage Evaluation Committee, who would perform the actual opening of the time capsule. Mr. Sleeper introduced the other members of the Committee, Mrs. Weston Walker, Mrs. Barbara Blankman, Mr. Allen Goddard, Council- man Vernon S. Evans; and Mr. Gates Burrows and Mr. Bomo Koral, who were not present. Councilman Markel inquired as to whether it had officially been determined at the April 16 Council meeting that the capsule would be opened. The Mayor responded that Council had voted to have the capsule opened by the members of the Cultural Heritage Evaluation Com- mittee; that Council direction would be to determine what to do with the contents; that there had been two suggestions: CITY COUNCIL MINUTES 146 MAY 7, 1973 1. To display both the capsule and the contents at Bowers Museum; and To display the capsule at Bowers Museum, but to put the contents from the capsule into another capsule. Councilman Markel stated that he was not in favor of opening the capsule that night; that it had historical value and should not be opened after a period of less than 70 years. Mr. Sleeper stated that the contents of the box removed from the 1904 City Hall had been revealed in 1935 after a lapse of only thirty years, while thirty-seven years had elapsed since the 1935 capsule had been established. Mr. Sleeper proceeded to open the box by cutting through the copper capsule. When the contents were revealed to him, Mr. Sleeper stated that there were two packages, one from 1904 and one from 1935. He removed the contents of the 1904 package, and gave a description of each, as follows: 1. Records from the Santa Ana City Schools. List of graduates from the Santa Ana High School up to 1903 or 1904. Also, the High School Course of Study which lists all books required for each course, and the High School Catalogue. 3. Statement regarding Santa Ana's Free Library, including all of the fines and dues, the number of books circulated. Document dated May 10, 1904 concerning the laying of the cornerstone. 5. An issue of the Santa Ana Bulletin, a democratic weekly founded in 1889 and lasting until the 1930's. 6. An issue of the Santa Ana Morning Dispatch, a tabloid which began late in 1908 and died 10 years later. A Pamphlet from Southern Pacific indicating the various communities the train went through. 8. An issue of the evening Santa Ana Blade. 9. A letter from the Chamber of Commerce (J. A. Wilson, Secretary), dated May 10, 1904. 10. Records from the Santa Aha Fire Department. 11. A booster pamphlet from the Chamber of Com~nerce. 12. A letter from the County Clerk, C. D. Lester. 13. A penny (two other pennies had been found when the time capsule had been recovered from the Old City Hal~. Mr. Sleeper then removed the contents of the 1935 package, and gave a description of each, as follows: 1. An Orange County directory. 2. Buyer's Guide for Orange County, dated December, 1934. Copy of Orange County Reporter, Orange County's daily legal newspaper. CITY COUNCIL MINUTES 147 MAY 7, 1973 4. Past and present City officials and all of the City Council- men and trustees. 5. Program for the cornerstone laying, July 30, 1935. 6. Address by Horace C. Head, given at the cornerstone dedica- tion in 1935. 7. A short historical sketch of the area. 8. Official roster of G.A.R., Sedgewick Post. 9. School directory for 1934 and 1935. 10. Document dated July 29, 1935 which tells about schools, giving the average daily attendance, etc. 11. Catalog for Santa Ana Junior Chamber of Commerce, 1934 and 1935. 12. Senior High School information curriculum for 1934 and 1935. 13. Roster of Santa Ana's churches and ministers as of July 30, 1935. 14. Statement of funding for City Hall, dated April 18, 1935. 15. Information from County Clerk dated July 22, 1935. 16. An issue of the Santa Ana Journal, which had ended in 1938. 17. An issue of the Santa Ana Register, dated July 30, 1935. 18. A little brochure relating to the life of William H. Spurgeon.(This item was in such bad condition, Mr. Sleeper only speculated as to what it was.) 19. Map of Santa Ana put out by the Chamber of Commerce. Mr. Sleeper stated that despite the dates given, that the box had originally been deposited on July 30, 1935, at the cornerstone laying; that it had subsequently been removed as a precaution against vandalism; that a special hole had to be drilled (in the Finance Director's office in the 1935 City Hall) for its deposit inside the building on November 20, 1935, and that the opening of the City Hall had taken place on December 3, 1935. The Mayor stated that before the capsule had been opened Mr. Sleeper had given to him an envelope with a list of the items he anticipated to be in the capsule, and after looking the list over, asked Mr. Sleeper how he could have been so accurate. Mr. Sleeper responded that his business was Orange County history and that it had been just another homework assignment. T.V. COVERAGE The Mayor announced that the evening meeting thus far had been televised by Orange County's own KOCE, Channel 50, who was doing a film taping on the time capsule, in two parts, which would be shown as follows: Part One, Tuesday, May 8, and Thursday, May 10, at 7:30 P.M.; and Part Two, Tuesday, May 15, and Thursday, May 17, at 7:30 P.M. The Mayor then introduced the Channel 50 staff members as follows: Gary Greene, Director; Bill Reynolds, CITY COUNCIL MINUTES 148 MAY 7, 1973 Moderator; Mark Stirdivant, Camera Man; and Paul Cabbell, Research Writer. (CA 153.3) Councilman Markel displayed a program of the dedication for the 1935 City Hall. ceremony RECESS with all Council members present. At 8:55 P.M. a recess was declared. Council reconvened at 9:07 P.M. PUBLIC HEARING TIME CAPSULE - Continued of the time capsule and its contents. The Mayor invited members of the audience to speak regarding the disposition Former City Councilman William Penn suggested that the capsule and its contents be turned over to the Museum Board for display and preservation in the new addition to be added to the Museum. Mr. Allan Goddard, member of the Cultural Heritage Committee, suggested that the capsule and its contents would be displayed to better advantage in the lobby of the City Hall because they would be seen by more City residents. Mr. James Sleeper stated that the Cultural Heritage Committee had unanimously agreed that the capsule should be opened, its contents inventoried, the information made available to the public and then re-deposited along with appropriate contemporary materials to be placed in the new City Hall. Mr. Joseph Gilmaker, 304 West Fourth Street, and Mr. Billy C. Hall, President of the City Center Association, concurred with Mr. Sleeper's recommendation or as an alternative suggested that photo copies might be made and preserved, and the originals re-deposited. There were no other speakers and the public hearing was closed by the Mayor. The Cultural Heritage Committee was authorized to assemble items for a capsule which would include the original items, or copies thereof, whichever would be the most legible, of the 1904 and 1935 time capsules, as well as materials which represent current events and personalities, on motion of Councilman Garthe, seconded by Councilman Griset. The motion further provided that the new time capsule be covered with a bronze or marble plaque or cornerstone and that the City Manager be authorized to make suitable arrangements for these compartments, plaques and cornerstones. An amendment to the motion to provide that the Cultural Heritage Committee shall submit to Council for final approval its recommendations for contents of the new capsule, and display and preservation of the old capsule, was accepted by the maker and second to the motion, which carried on the following roll call vote: AYES: Garthe, Griset, Markel, Yamamoto, Patterson, Evans, Ward NOES: None ABSENT: None CITY COUNCIL MINUTES 149 MAY 7, 1973 Prior to voting, the Council consensus was that some of the documents found in the capsule, or at least copies of some of them, should be displayed in Bowers Museum; that those that could be restored should be restored; and that the Cultural Heritage Committee should consider all of the comments made by members of the audience and Council, and add some original ideas of their own before making their final recommendations to Council. Councilman Markel stated that he had made an original sketch showing where the time capsule was located and had given that sketch to the City Manager; he inquired of the City Manager as to the whereabouts of the original sketch, stating that it was his and that it should be returned to him. The City Manager responded that unfortunately, the original sketch could not be located; that it had been turned over to the Director of Public Works, but that they now had only a copy of the sketch; that they could not have found the time capsule without Councilman Markel's instructions. Councilman Markel stated that he had contacted the Director of Public Works after the box had been removed to ask him for the sketch; that Mr. Wolford had told him that he had given it to the Clerk of the Council, Mrs. Malone, to make as many copies as she wanted. Councilman Markel further stated that he had materials in his possession to dwarf anything that had been removed from the capsule that evening; that he had done a service to the City and to the people of the community by revealing where the time capsule was located, and that every effort should be made to return the original sketch to him; that the copy of the sketch would not give him the satisfaction that the original sketch would give him. Council asked staff to see if they could locate the original sketch for Councilman Markel by informal unanimous consent. (CA 85.1a) PUBLIC HEARING The Mayor opened the public AMENDMENT APPLICATION hearing on Amendment Appli- NO. 717 tion No. 717, filed and recommended by the Santa Ana Planning Commission to rezone property located at the south- west corner of Seventeenth Street and Harbor Boulevard and having frontage on Seventeenth Street, Century Boulevard and Harbor Boulevard, from the R 2 District to the C 2 and R 2B Districts. Bill Daugherty of the Planning Department, reviewed the contents of the staff report dated April 6, 1973, and stated that staff recommended approval of the application. The Clerk reported there were no written communications. The following persons spoke in favor of the application: Mr. John Fowler, 162 E1 Zoro Road, Rancho Vista Mr. George Pickleheimer, 1122 North Harbor Boulevard There were no other proponents and no opponents. The Mayor closed the public hearing. The Environmental Impact Report (a negative declaration) for Amendment Application No. 717 was unanimously approved on motion of Councilman Griset, seconded by Councilman Garthe. CITY COUNCIL MINUTES 150 MAY 7, 1973 Council approved Amendment Application No. 717 and instructed the City Attorney to prepare an ordinance rezoning the property from the R 2 District to the C 2 and R 2B Districts on motion of Councilman Griset, seconded by Councilman Ward, and carried, with Councilman Evans dissenting. (CA 10) PUBLIC HEARING The Mayor opened the public AMENDMENT TO GENERAL PLAN hearing on the proposed amendment to the "Land Use and Arterial Streets" element of the General Plan, involving property described as the southwest area of Harbor Boulevard and Seventeenth Street, which would amend the General Plan as set forth in proposed Amendment to General Plan No. 1973-1. Bill Daugherty of the Planning Department reviewed the contents of the staff report dated April 6, 1973, stating that the Plan- ning Commission and staff recommended approval of the application. The Clerk reported there were no written communications. There were no proponents or opponents in the matter, and the Mayor closed the public hearing. Council instructed the City Attorney to prepare the appropriate Resolution to amend the "Land Use" portion of the "Land Use and Arterial Streets" element of the General Plan as recommended by the Planning Commission on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following roll call vote: AYES: Griset, Ward, Garthe, Yamamoto, Patterson NOES: Markel, Evans ABSENT: None -. (CA 78.3) PUBLIC HEARING The Mayor opened the public S. P. S. A. NO. 28 hearing on Specific Plan CIVIC CENTER DRIVE of Street Alignment No. 28, Civic Center Drive between Minter Street on the east to existing Civic Center Drive and Birch Street to the west. The Director of Public Works reviewed the contents of his report dated May 3, 1973, and stated that the Planning Commission and staff recommended approval. The Clerk reported there were no written communications. There were no proponents or opponents in the matter, and the Mayor closed the public hearing. Council approved tho proposed street alignment and instructed the City Attorney to prepare an Ordinance amending the Code, on motion of Councilman Griset, seconded by Councilman Evans, and carried on the following roll call vote: AYES: Griset, Evans, Garthe, Yamamoto, Patterson, Ward NOES: Markel ABSENT: None (CA 29.7) CITY COUNCIL MINUTES 151 MAY 7, 1973 PUBLIC HEARING STREET VACATION RES. 73-47 Westminster Avenue The Mayor opened the public hearing on the proposed vacation of a portion of the southeast corner of and Century Boulevard. The Director of Public Works reviewed the contents of his memo dated April 30, 1973, and stated that the Planning Commission and staff recommended the Street Vacation. The Clerk reported there were no written communications. There were no proponents or opponents in the matter, and the Mayor closed the public hearing. RESOLUTION 73-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDERING THE VACATION OF A PORTION OF THE SOUTHEAST CORNER OF WESTMINSTER AVENUE AND CENTURY BOULEVARD was adopted on motion of Councilman Evans, seconded by Councilman Ward, and carried on the following roll call vote: AYES: Evans, Ward, Markel, Garthe, Yamamoto, Patterson Griset NOES: None ABSENT: None (CA 14) PUBLIC HEARING The Mayor opened the public UNDERGROUND UTILITY DISTRICT NO. 5 hearing on the proposed RES. 73-48 establishment of underground utility district along Sycamore Street between Eighth Street and Washington Avenue. The Director of Public Works reviewed the contents of his report dated April 30, 1973, and stated that staff recommended the adoption of the resolution establishing the underground utility district. The Clerk reported there were no written communications. Mr. Eugene Moriarty, 2035 Victoria Drive, of Segerstrom Center, stated that he felt the underground utility district was a step forward and that he was looking forward to seeing the poles come down. There were no other proponents and no opponents in the matter, and the Mayor closed the public hearing. RESOLUTION 73-48 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 5 was adopted on motion of Councilman Markel, seconded by Councilman Evans, and carried on the following roll call vote: AYES: Markel, Evans, Garthe, Yamamoto, Patterson, Ward, Griset NOES: None ABSENT: None (CA 134) AGENDA ORDER afternoon agenda. Council proceeded to consider the items which had been deferred from the CITY COUNCIL MINUTES 152 MAY 7, 1973 RES. 73-41 APPEAL NO. 319 DONALD E. LIND tie vote. Council considered again Resolution 73-41 which had been deferred from the afternoon agenda after a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA UP- HOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING APPEAL #319 ON VARIANCE APPLICATION 73-13 was adopted on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following roll call vote: AYES: Griset, Ward, Markel, NOES: Garthe, Evans Yamamoto, Patterson ABSENT: None (CA 13.3) AGENDA ORDER 48 before Item 38. By informal unanimous consent, Council proceeded to consider Agenda Item COMMUNITY REDEVELOPMENT Council considered the letter PROJECT AREA COMMITTEE from Fern Zimmerman, dated April 30, 1973, requesting appointment to the Project Area Committee, together with the report of the Assistant City Manager dated May 1, 1973, recommend- ing that Council consider her request in Executive Session. Mr. Joseph L. Gilmaker, 308 West Fourth Street, distributed to Council his letter dated April 7, 1973, requesting appointment to the Committee. Councilman Evans' motion to add Mr. Gilmaker's name to those names proposed at the Executive Session for membership to the Project Area Committee, was seconded by Councilman Garthe, and failed to carry on the following roll call vote: AYES: Evans, Garthe, Yamamoto NOES: Patterson, Ward, Griset ABSENT: Markel After discussion, Councilman Griset's motion to appoint Jacqueline Fox, 418 West Second, and Fern Zimmerman, 1801 Greenleaf, Apt. 11, to the Project Area Committee, seconded by Councilman Garthe, and carried on the following roll call vote: AYES: Griset, Garthe, Yamamoto, Patterson, Evans, Ward NOES: None ABSENT: Markel Prior to the motion, Mr. Art Jacques, 1525 East Portola Avenue, spoke in favor of Mr. Gilmaker's appointment. (CA 82.3) RES. 73-43 REDEVELOPMENT AGENCY PROJECT AREA COMMITTEE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A REPRESENTATIVE PROJECT CITY COUNCIL MINUTES 153 MAY 7, 1973 AREA COMMITTEE FOR THE SANTA ANA COMMUNITY REDEVELOPMENT AGENCY was adopted on motion of Councilman Evans, seconded by Councilman Ward, and carried on the following roll call vote: AYES: Evans, Ward, Garthe, Yamamoto, Patterson, Griset NOES: None ABSENT: Markel (CA 82.3) U.T.O. INC. Council considered the report TAXICAB PERMITS of the City Attorney dated May 2, 1973, concerning the operations of U.T.O. Inc. and the hearing set for May 3, 1973, to revoke the ten taxicab permits held by U.T.O. Inc. The City Attorney stated that there had been a hearing, however, findings of the hearing had not been received from the Hearing Officer. Councilman Griset's motion to continue the matter until the May 21 -meeting when a determination had been made by the Hearing Officer, was seconded by Councilman Evans, and unanimously carried. CCA 26.2) TAXICAB ORDINANCE Council considered the report STATUS REPORT of the City Attorney dated May 2, 1973, setting forth the status of a taxicab ordinance being drafted. Councilman Griset's motion to continue the matter until such time as the final draft of the ordinance was complete, was seconded by Councilman Yamamoto, and unanimously carried. PROCLAMATIONS The report of proclamations issued by the Mayor between April 9 and April 27, inclusive was received and filed by unanimous informal consent. (CA 46) SUMMARY OF COUNCIL The Summary of Council REFERRALS Referrals dated May 7, 1973, containing a list of pending action items referred to staff by Council was received and ordered filed on motion of Councilman Griset, seconded by Councilman Ward, and unanimously carried. ICA 80.2) MEMORIAL POOL Council considered the RENTAL REQUEST report of the Recreation Superintendent dated April 27, 1973, relating to a proposed rental agreement with the Southern California Aquatics Club, for use of the Memorial Pool for a total of 300 hours during the period of May through September, 1973, between the hours of 6:30 A.M. to 8:30 A.M. and 8:00 P.M. to 10:00 P.M. The matter had been referred to staff on April 16, 1973. Councilman Markel's motion to approve the proposed agreement and authorize its execution by the Mayor and Clerk, was seconded by Councilman Garthe, and unanimously carried. ~-73-26) CITY COUNCIL MINUTES 154 MAY 7, 1973 USE OF FIREARMS Council considered the report FELONY PUNISHMENT of the Police Chief dated ASSEMBLY BILL 95 April 30, 1973, and the report of the City Attorney dated May 2, 1973, both concerning the possible support of California Assembly Bill 95 relating to the punishment for felonies committed with firearms. The matter had been referred to staff on April 16, 1973, after Council had considered a letter from the City of Costa Mesa dated April 5, 1973, requesting support for the bill. Councilman Yamamoto's motion to write the California Assembly indicating Council support of the proposed bill, was seconded by Councilman Markel, and failed to carry on the following roll call vote: AYES: Yamamoto, Markel, Evans NOES: Garthe, Patterson, Ward, Griset ABSENT: None (CA 57) Councilman Evans' motion to receive and file the letter from the City of Costa Mesa, was seconded by Councilman Griset, and unanimously carried. AUTOMOBILE EXPENSE Council considered the report OPTIONAL ALLOWANCE PROGRAM of the City Manager dated April 23, 1973, concerning an optional automobile expense allowance program for certain employees and a possible monthly automobile expense allowance for Councilmen. The program would be available for the following positions: City Manager, Assistant City Manager, Assistant to City Manager, Assistant to City Manager - Community Relations, Director of Planning, Director of Personnel, Superintendent of Parks, Superin- tendent of Recreation, City Attorney, Deputy City Attorney, Assistant City Attorney, Equipment Maintenance Superintendent, Director of Public Works, Assistant Director of Public Works, Director of Building Safety and Housing, Police Chief, Fire Chief, Assistant Fire Chief, Finance Director, Library Director, Acting Museum Director or Museum Director, and City Clerk. Councilman Griset's motion to authorize an optional automobile expense allowance in the amount of $85.00 per month, effective July 1, 1973, for those positions recommended, was seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: Griset, Yamamoto, Patterson, Ward NOES: Markel, Garthe, Evans ABSENT: None Councilman Griset's motion to authorize the sum of $50.00 per month to Members of the City Council for travel expense allowance was seconded by Councilman Ward, and carried on the following roll call vote: AYES: Griset, Ward, Garthe, Yamamoto, Patterson NOES: Markel, Evans ABSENT: None (CA 65.14) CITY COUNCIL MINUTES 155 MAY 7, 1973 REVENUE SHARING Council considered the PROGRAMS report of the City Manager dated April 25, 1973, concerning revenue sharing programs and setting forth the entitle- ment periods and the revenues expected during each. The City Manager pointed out that there were deadlines that must be complied with regarding program proposals for both the Federal funds coming directly to the City and the Orange County Federal Revenue Sharing Funds; and that the deadline for the County was June 1, 1973. Councilman Evans' motion to: Direct the City Attorney to draft a resolution reaffirming Council approval of the proposed expenditures of federal revenue sharing funds for the entitlement periods #1 and #2 from January 1, 1972 through December 31, 1972 as adjusted and indicated in Exhibit "A" of the City Manager's report; o Direct the City Clerk to publish a proposed Planned Use Report for entitlement period #3 from January 1, 1973 through June 30, 1973, as indicated in Exhibit "A" of the City Manager's report; to set a public hearing thereon for 7:30 P.M. on May 21, 1973, and cause Notice thereof to be published; and to direct the City Attorney to draft a resolution adopting the Planned Use Report for entitlement period #3. Set a public hearing and direct a resolution to be prepared for proposed projects for entitlement period #4 for fiscal year 1973-74 as shown in Exhibit "A" with the same notification and publication procedures; and Set a public hearing for May 21, 1973 on the proposed use of County Revenue Sharing Funds for 4th entitlement period as outlined in the City Manager's report; provide necessary notification, draft a resolution and adopt in principle now, subject to modification after the public hearing, the proposed use of County Revenue Sharing Funds for 4th entitlement period; was seconded by Councilman Yamamoto, and carried with Councilman Ward dissenting. Prior to voting, Councilman Ward stated that he needed more time to study the report, and would like to meet with the Department Heads and other Council members concerning the matter. By informal unanimous consent, Council set a Study Session to consider revenue sharing programs for Friday, May 11, at 4:30 P.M., in Room 831 of the City Hall. (CA 57.2; CA 57.2a) JOINT CITY AGREEMENT The Mayor stated that he had LEGISLATIVE REPRESENTATIVE met with the Mayors and City Managers f~om the cities of Anaheim, Garden Grove, and Huntington Beach concerning a joint agreement for the employment of a legislative representative to represent the cities before the Congress and other federal adminis- trative and executive agencies; that the representatives from all of the cities had agreed that there was a real need for such an employee and that by entering into a joint agreement the costs of roughly $60,000.00 per year could be shared; and that CITY COUNCIL MINUTES 156 MAY 7, 1973 a proposed agreement had been drafted for a period of one year to commence on July 1, 1973. Councilman Griset's motion to approve the agreement and authorize its execution by the Mayor and Clerk, was seconded by Councilman Ward, and carried on the fellowing roll call vote: AYES: Griset, Ward, Yamamoto, Patterson NOES: Markel, Garthe, Evans ABSENT: None (CA 57.1) RECESS with all Council members present. At 11:10 P.M., a recess was declared. The meeting reconvened at 11:16 P.M. GREENBELT COMMITTEE Councilman Griset's motion to appoint Councilman Evans as alternate repre- sentative to the Greenbelt Committee, was seconded by Councilman Ward, and unanimously carried. (CA 80.1; CA 80.8; CA 145.1a) LEAGUE OF Councilman Evans' motion to CALIFORNIA CITIES appoint Mayor Patterson as delegate and to appoint Councilman John Garthe as alternate delegate to the League of California Cities was seconded by Councilman Markel, and unanimously carried. (CA 80.1; CA 80.8; CA 148.1a) INTERGOVERNMENTAL Councilman Griset's motion COORDINATING COUNCIL to appoint Mayor Patterson as Representative and Councilman Ward as alternate representative to the Intergovern- mental Coordinating Council, was seconded by Councilman Ward, and unanimously carried. (CA 80.1; CA 80.8; CA 140.5) ORANGE COUNTY The Mayor stated that he SANITATION DISTRICTS appointed Councilman Garthe as the Delegate for Orange County Sanitation Districts 2 and 3 with Mayor Patterson as the alternate; and that the Mayor would continue to be the delegate for Orange County Sanitation Districts 1 and 7 with Councilman Garthe as the alternate; that the matter needed no Council action. (CA 80.1; CA 80.8; CA 39) PLANNING COMMISSION sion and to appoint Councilman Markel. in his Councilman Evans' motion to remove Alex Acevedo from the Planning Commis- place John Acosta, was seconded by Councilman Evans then stated that he wished to divide the motion into two parts to be voted upon separately. Councilman Evans' motion to remove Alex Acevedo from the Plan- ning Commission, was seconded by Councilman Markel, and carried on the following roll call vote: CITY COUNCIL MINUTES 157 MAY 7, 1973 AYES: Markel, Garthe, NOES: Evans, Yamamoto ABSENT: None Patterson, Ward, Griset Councilman Evans' motion to appoint to the Planning Commission John Acosta in the place of Alex Acevedo, was seconded by Councilman Markel, and carried on the following roll call vote: AYES: Evans, Markel, Garthe, Patterson, Ward, Griset NOES: Yamamoto ABSENT: None (CA 80.9; CA 78.1a) HUMAN RELATIONS COMMISSION The Mayor requested that APPOINTMENT Councilmen submit names and obtain applications for the next meeting to consider appointment to the vacancy on the Human Relations Commission created by the resignation of Rae Arroyo. ORAL COMMUNICATIONS Mr. Joe Gilmaker, 308 West First Street, referred to the authorization of $50.00 per month for travel expense allowance which had been approved by Council earlier in the evening and inquired as to whether or not Council would still be turning in gas mileage for payment in addition to receiving the $50.00 per month. The Mayor stated that if, for instance, he were to go to San Francisco on City business and take his own automobile, that he would add the mileage for reimbursement in that it had been the policy to be reimbursed for travel expenses for long distances such as air fare. Mr. Gilmaker then asked what the average expense was per month, per Council automobile. The Mayor replied that he did not know, however, that he was sure it was well above $50.00. Mr. Gilmaker then stated that with reference to the agreement to hire a Washington representative, that he felt revenue sharing funds should never have left the local governments; and that the funds should be returned to individual taxpayers to spend as they choose. The Mayor responded that the law did not provide for that kind of program for the funds. (CA 65.14) ORAL COMMUNICATIONS Councilman Markel inquired TIME CAPSULE of the City Manager as to what he had meant by com- menting that a problem existed when Councilman Markel had informed him of the whereabouts of the time capsule. The City Manager responded that he did not recall the specific conversation that Councilman Markel was referring to and that his only recollection was that Councilman Markel had suggested moving the marble panel on the outside of the building. CITY COUNCIL MINUTES 158 MAY 7, 1973 EXECUTIVE SESSION The meeting adjourned to an Executive Session at 11:40 P.M. ADJOURNMENT The meeting was reconvened and immediately adjourned at 12:00 Midnight, to Friday, May 11, 1973, at 4:30 P.M. in Room 831 of the City Hall to consider revenue sharing programs and other necessary items of business, on the unanimously approved motion of Councilman Evans, seconded by Councilman Ward. Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES 159 MAY 7, 1973