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HomeMy WebLinkAbout05-21-1973MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 21, 1973 The meeting was called to order at 2:05 P.M., in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the following Councilmen present: John Garthe, Vernon S. Evans, J. Ogden Markel, James E. Ward, Harry K. Yamamoto, and Mayor Jerry M. Patterson. Councilman Lorin Griset was absent. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Planning Charles C. Zimmerman, Direc- tor of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. HOUSING AUTHORITY meeting reconvened at 2:17 P.M. At 2:06 P.M., Council recessed to convene the Housing Authority. The with all Councilmen present. COMMUNITY REDEVELOPMENT AGENCY Agency. The meeting reconvened at men present. At 2:17 P.M., Council recessed to convene the Community Redevelopment 2:25 P.M. with all Council- MINUTES The Minutes of the Regular Meeting of May 7, 1973, and the Adjourned Regular Meeting of May 11, 1973 were approved as submitted, on motion of Councilman Evans, seconded by Council- man Yamamoto, and unanimously carried. CONSENT CALENDAR The following Agenda Items were removed from the Consent Calendar: Items 2 M, 2 N, and ? E requested by Mayor Patterson; Items 2 B, 2 G, 3 D, and 6 A requested by Councilman Ward; Item S H requested by Councilman Yamamoto; and Items 2 A, 2 K, 3 A, 3 B, 7 D, 9 B, iS A and 15 B requested by Councilman Markel. On motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: BID CALLS ment for bids on the following: Approved plans and specifications, and authorized advertise- SPEC. 73-016 - Radio Communications Console; opening date, June 8, 1973, 2:00 P.M. (CA 89 A) SPEC. 73-017 Fire Hose Nozzles & Fittings; opening date, June 8, 1973, 2:00 P.M.(CA 89 G) SPEC. 73-018 Four (4) Two Door Compact sedans; opening date, June 8, 1973, 2:00 P.M. (CA 89 A) SPEC. 73-019 - One Two-Ton Forklift; opening date, June 20, 1973, 2:00 P.M. CA 89 A) CITY COUNCIL MINUTES 162 MAY 21, 1973 CONSENT CALENDAR - Continued SPEC. 734-230 - Hot Pour Rubberized Mastic Seal; annual requirement; opening date, June 11, 1973, 2:00 P.M. (CA 89 F) SPEC. 734-232 - Liquid Asphalt Sealer; annual requirement; opening date, June 11, 1973, 2:00 P.M. (CA 89 F) SPEC. 734-233 - Emulsion - Aggregate Slurry; annual requirement; opening date, June 11, 1973, 2:00 P.M. (CA 89 F) SPEC. 734-234 - Portland Cement Concrete; annual requirement; opening date, June 11, 2:00 P.M. (CA 89 F) PROJECT 4022A - Construct P-3 Storm Drain Along SPRR From Main Street to Cypress Avenue; opening date, June 19, 1973, 2:00 P.M. (CA 89 G) PROJECT 5014 Installation of New Traffic Signal and Lighting System at Santa Ana Boulevard and Patton Street; opening date, June 11, 1973, 2:00 P.M. (CA 89 B) BID AWARDS most responsible bidder: Awarded contracts as follows on the basis of lowest, best and TOPICS PROJECT T-3041 (150) Installation of illuminated Street Name Signs at 30 Intersec- tions. Awarded contract to Steiny and Company, Anaheim. (CA 89 B) PROJECT 3026 - Construct Sanitary Sewer in Shelton Street from McFadden Avenue to Bishop Street. Awarded contract to Ro-Tek Pipe Contracting, Orange. (CA 89 E) PROJECT 6075 - Reconstruction of East Bowling Green at Santiago Park. Awarded contract to De- Mar Landscape, Anaheim. (CA 89 G) SPEC. 73-006 - Two door Sports Coupe, Chevrolet, Camaro or equal. Awarded contract to Tommy Ayres Chevrolet, Laguna Beach. (CA 89 A) SPEC. 73-008 - Two door Sports Coupe, American Motors, Javelin or equal. Awarded contract to Anaheim American on the alternate proposal #2. (CA 89 A) SPEC. 73-010 - 109" Wheelbase, half ton Utility Van. Awarded contract to Santa Ana Dodge, Inc. (CA 89 A) Approved Appropriation Adjustment No. 89, and awarded contract as follows on the basis of the lowest, best and most responsible bidder: CITY COUNCIL MINUTES 163 MAY 21, 1973 CONSENT CALENDAR - Continued PROJECT 4018 - Construct V-4 Storm Drain in Seventeenth Street from Williams Street to Tustin Avenue; awarded contract to Robert G. Castongia, Inc., Downey. (CA 89 G) Authorized rebid to be opened on June 20, 1973, at 2:00 P.M. on the following: SPEC. 73-007 - Two door Sports Coupe, Ford Mustang or equal. (CA 89 A) AGREEMENTS agreements: Approved and authorized the Mayor and Clerk to execute the following ARCHITECTURAL SERVICES - Between City and Grillias-Pirc-Rosier-Alves, a California corporation, providing for services in connection with the Newhope Branch Library. (CA A-73-28) TRAFFIC SIGNAL - Agreement between the City and the City of Garden Grove providing for the sharing of costs in the installation of a traffic signal at the intersection of Westminster Avenue and Euclid Street. (CA A-73-30) TRAFFIC installed May (CA 18.3a) 3, 1973 through May Received and ordered filed report of control devices removed or 11, 1973, inclusive. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Applications: Received and ordered filed the following Alcoholic Beverage JERRY'S BAR-BQ, 2120 West l?th Street, Person to Person Transfer, On Sale General (Bona Fide Public Eating Place). (CA 146) GOLDEN GREEK, INC., 2813 Edinger, Stock Transfer, On Sale General (Bona Fide Public Eating Place). (CA 146) TRULLINGER, Eva L. and Lawrence E., 1200 N. Bristol, Person to Person Transfer, Off Sale Beer & Wine. (CA 146) WILSON FOOD SERVICE CORPORATION, 3850 S. Plaza Drive, Person to Person Transfer, On Sale General (Bona Fide Public Eating Place). (CA 146) PRESTIGIACOMO, C. P., 3850 S. Plaza Drive, Original, Off Sale Beer & Wine. (CA 146) CALABRESE, Anna M. and James C., 216 E. 17th St., Person to Person Transfer, Off Sale Beer & Wine. (CA 146) CITY COUNCIL MINUTES 164 MAY 21, 1973 CONSENT CALENDAR - Continued The City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following application because the location is within 300 feet of a residential zone and is therefore subject to the Minor Exception Permit procedure: KOLOKITHAS, Thomas G., 3744 South Bristol Street, Original, On Sale Beer & Wine (Bona Fide Public Eating Place). (CA 146) SOLICITATION APPLICATIONS Approved the following solicitation applications: CEDU FOUNDATION, INC., door-to-door and tele- phone solicitation, to raise funds to operate and expand the work of the foundation (a narcotics treatment foundation); from June 1, 1973 to July 31, 1973, inclusive. (CA 91) MINOR EXCEPTIONS, VARIANCES, AND CONDITIONAL USE PERMITS Received and ordered filed the following applications: VA 73-14, KENNETH W. WHITELAND - To make an addition to a non-conforming single family residence in the R 1 District at 530 E. Santa Clara Avenue; APPROVED. (CA 13) VA 73-16, HARRY P. & HELEN K. JACKSON - To construct a photo sales store in an existing shopping center in the R 1 District at 1202 - 1214 S. Standard Avenue; APPROVED. (CA 13) VA 73-18, BILL BARRY ENTERPRISES - To omit doors on service stalls for an auto dealership in the C 2 District at 2000 E. First Street; APPROVED. (CA 13) PUBLIC PROPERTY USE Property: Approved the following Application for Special License to Use Public GLENN L. MARTIN SCHOOL, school parade in com- memoration of Flag Day with all students par- ticipating and open air meeting to follow including a band concert; intersection of Towner & Wilshire and intersection of Olive & Wilshire; June 14, 1973, from 10:00 A.M. to 1:30 P.M. (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 May 3, 1973 through May 16, 1973, inclusive. (CA 155; Deeds 5220 and 5222 5225, inclusive) TENTATIVE PARCEL/ TRACT MAPS Planning Director's ment on Map #812. Approved the following maps subject to condi- tions contained in the report and waived the alley require- CITY COUNCIL MINUTES 165 MAY 21, 1973 CONSENT CALENDAR - Continued TENTATIVE PARCEL MAP #809 - Filed by Grove Industrial Properties, creating twelve (12) M 1 parcels for industrial uses, located generally on the west side of Ritchey Street, 665 feet north of Edinger Avenue. (CA 25) TENTATIVE PARCEL MAP #810 - Filed by Dunn Properties Corporation, creating three (3) M 1 parcels for industrial buildings, located generally at the cul-de-sac end of Linwood Avenue (CA 25) TENTATIVE PARCEL MAP #812, filed by GHR Development Corporation, creating three (3) C 4 parcels. Parcel 1 is to be used for condominium uses, and Parcels 2 and 3 are to be used for commercial uses. Said parcels are located generally on the north- west corner of Harbor Boulevard and McFadden Avenue. (CA 25) SURPLUS PROPERTY property: Declared surplus and authorized the demoli- tion of the following SURPLUS PROPERTY REPORT #73-6 for improvements located at 1805 West First Street, acquired in connection with Project 1276, Section IV First Street from Hesperian Street to Townsend Street. * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * BID AWARDS On motion of Councilman PROJECT 1276B Evans, seconded by Councilman Yamamoto, on a 5 - 1 vote, with Councilman Markel voting NO, Council awarded contract as follows on the basis of the lowest, best and most responsible bidder: PROJECT 1276B - Remove and Remodel Portion of "Potato Bin" at Northwest Corner of First Street and Forest Avenue; awarded contract to R. L. Goff Concrete Contractor, Long Beach. (CA 89 G) BID AWARDS On motion of Councilman PROJECT 1342 Evans, seconded by Councilman Yamamoto, on a 5 - 1 vote, with Councilman Markel voting NO, Council awarded contract as follows on the basis of the lowest, best and most responsible bidder: PROJECT 1342 - Construct First Street from 200 Feet West of Center Street to Hesperian Street; awarded contract to Ecco Contractors Inc., Santa Aha. (CA 89 F) CITY COUNCIL MINUTBS 166 MAY 21, 1973 BID AWARDS On motion of Councilman SPEC. 73-005 Evans, seconded by Councilman Yamamoto, on a 6 - 0 vote, Council awarded contract as follows on the basis of the lowest, best and most responsible bidder: SPEC. 73-005 Two Stationwagons, Four Door; Awarded contract to Tommy Ayres Chevrolet, Laguna Beach. (CA 89 A) BID AWARDS On motion of Councilman SPEC. 73-009 Evans, seconded by Councilman Yamamoto, on a 6 0 vote, Council awarded contract as follows on the basis of the lowest, best and most responsible bidder: SPEC. 73-009 Six passenger Stationwagon, Chevrolet Chevelle Laguna or equal; awarded contract to Tommy Ayres Chevrolet, Laguna Beach. (CA 89 A) BID AWARDS SPEC. 734-105 SPEC. 734-106 stated that they on SPEC. 734-106 lubricants). He for gasoline and diesel fuel might over previous yearly totals. The City Manager referred to the letter from C.O. Thompson Petroleum Co. dated May 9, 1973, which could not give the City a firm bid price (annual requirement for diesel fuel and stated that it appeared as though the cost increase as much as 50% The Purchasing Agent stated that no bids had been received for gasoline; that letters had been received from Gulf, Texaco, Arco, Standard and Union regretting that they were unable to submit bids. Shell stated that their local distributors are authorized to sell on a daily basis at the posted price; that a verbal commitment had been received from Standard Oil Company's San Francisco office to the effect that they were alloting 23,000 gallons to our fire stations for next year; that no Diesel fuel No. 1 was available; that the present contract expired on June 30, and that possibly the fuel market would stablize before that time. Councilman Gartho's motion to authorize the Purchasing Agent to do what he could to receive bids for fuel on an annual contract basis and to report his progress on June 4 and each Council meeting thereafter prior to July 1, was seconded by Councilman Ward, and unanimously carried on a 6 0 vote. Prior to voting there was discussion regarding the possibility of joint use of fuel between the City and Great Western Reclamation Co. and the review by staff of more efficient use of energy. (CA 89 G) MUTUAL RESPONSE AGREEMENTS The mutual response FIRE DEPARTMENT SERVICES agreements between the City and the cities of Orange and Tustin, extending fire department services outside the corporate limits of each city in some circumstances, were approved and their execution by the Mayor and Clerk was authorized, on motion of Councilman Ward, seconded by Council- man Yamamoto, and carried on a 5 - 1 vote, with Councilman Markel dissenting. (CA A-73-22A; A-73-22B) CITY COUNCIL MINUTES 167 MAY 21, 1973 AGREEMENT The agreement between ARCHITECTURAL SERVICES the City and Allen and Miller, Architects, providing for services in connection with a recreational building in MacArthur Park was approved and its execution by the Mayor and Clerk was authorized, on motion of Council- man Evans, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. (CA A-73-29) ALCOHOLIC BEVERAGE APPLICATION Councilman Ward's motion to receive and file the following ABC application was seconded by Councilman Evans, and carried on a 5 - 1 vote with Councilman Yamamoto dissenting: SOMMER, Carmen M., Louis N. and Steven R., 5021 W. Edinger, Exchange from 41 to 42, On Sale Beer and Wine (Public Premises). (CA 146) SOLICITATION APPLICATION Councilman Evans' motion P.A.A.L. to approve the following solicitation application was seconded by Councilman Ward, and unanimously carried on a 6 - 0 vote: SANTA ANA POLICE ASSOCIATION ATHLETIC LEAGUE, solicitations by mail to various businesses, to raise funds for recreational equipment for the various P.A.A.L. Programs, and a building fund; from May 22, 1973 to July 20, 1973, inclusive. (CA 91) CUP 73-6 Conditional Use Permit PATRICIA BRAGG 73-6 filed by Patricia LIVE FOOD PRODUCTS, INC. Bragg, Live Food Pro- ducts, Inc., to allow retail sales of food products in the M 1 District at 1932 - 1934 E. Edinger Avenue, recommended for approval by the Plan- ning Commission, was received and filed on motion of Council- man Evans, seconded by Councilman Ward, and carried on a 5 - 1 vote, with Councilman Markel dissenting. (CA 13.1) AGENDA ORDER Agenda Item 7 E (EX 73-12, Charles Linger) was continued to the afternoon agenda on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried on a 6 0 vote. DEEDS WITH CASH On motion of Councilman GRANTEE, CITY Evans, seconded by Councilman Ward and carried on a 5 1 vote with Councilman Markel dissenting, Council approved the following deed, and authorized the Mayor to sign all necessary documents in connection with the purchase: WOLF, north side of First, West side of Townsend, street purposes. (CA 155; Deed 5221) CITY COUNCIL MINUTES 168 MAY 21, 1973 BUDGET TRANSFERS and unanimously carried on a 6 transfer of funds as follows: On motion of Councilman Evans, seconded by Councilman Yamamoto, vote, Council authorized APPROPRIATION ADJUSTMENT #91, to transfer $6,576.00 from Account No. 11-332-111 to various accounts within the same fund as shown in the report dated May 14, 1973. (CA 65.3) APPROPRIATION ADJUSTMENT #92, to transfer various inter-fund accounts as shown in the report dated May 16, 1973. (CA 65.3) AGENDA ORDER persons in the audience wishing to Agenda Items 47, 45, and 55 were taken next in order to accommodate speak. SUMMER RECREATION Council considered the PROGRAM petition dated May 9, 1973, from the Committee of Active Concerned Citizens and Taxpayers of South Santa Ana, seeking the establishment of a Summer Recreation Program on Jefferson Elementary School Grounds, and the report of the Recreation Superintendent dated May 16, 1973. Mr. David Brandt, 2422 South Rita Way, spoke in support of the petition requesting that approval of the program not be conditional upon adequate attendance as recommended by staff. Mrs. Lee Mayer, 2718 South Rita Way, also spoke in favor of unconditional approval of the petition. Councilman Evans' motion to approve unconditionally, the establishment of a Summer Recreation Program on the Jefferson Elementary School Grounds and to prohibit deletion of the program from subsequent budgets without prior approval of Council, was seconded by Councilman Ward. After discussion, Councilman Ward amended the motion by delet- ing the word "unconditionally", and approving the program for the 1973 summer only. The amended motion was seconded by Mayor Patterson, and carried on the following vote: AYES: Ward, Patterson, Markel, Garthe, Evans NOES: Yamamoto ABSENT: Griset (CA 52; CA 151.5) RECESS with the same Councilmen present. At 3:55 P.M. a recess was declared. Council reconvened at 4:08 P.M. ABC APPLICATION In accordance with the DOUGLAS OIL COMPANY letter from Douglas Oil Company of California dated May 8, 1973, requesting time for an oral presentation CITY COUNCIL MINUTES 169 MAY 21, 1973 regarding its ABC application, Barbara J. Prochnow, Market- ing Services Analyst for Douglas Oil Company of California, 881 Dover Drive, Newport Beach, spoke in support of the application, on which Council had instructed the City Attorney to file a protest on April 2, 1973. She stated that they proposed the establishment of a mini-market at their self- service service station located on the corner of Broadway and Edinger; that no mini-market could exist without the sale of beer and wine since their surveys had revealed that approximately 25% to 35% of mini-market sales come from that source; that they would have better than average control over sale of alcoholic beverages to minors or intoxicated persons in that the customers would be in full visibility of the cashier as they walked from their vehicle; that they had received no police complaints or complaints from property owners in the surrounding neighborhood on their proposal. After discussion, Council received and filed the letter from Douglas Oil Company of California together with the preliminary plans for their proposed mini-market and instructed the City Attorney to continue the protest on the ABC Application for the location at 1501 South Broadway, on motion of Councilman Evans, seconded by Councilman Garthe, and carried on the following vote: AYES: Evans, Garthe, Markel, Yamamoto, Ward NOES: Patterson ABSENT: Griset (CA 146) Councilman Markel left the Council Chamber at 4:25 P.M. COMMUNITY REDEVELOPMENT AGENCY Council considered the report of the Assistant City Manager dated May 17, 1973, a draft of a Report on the Redevelopment Plan dated May 16, 1973, and a Planning Commission draft of the Redevelopment Plan dated May 15, 1973. Councilman Ward's motion to: Receive and file the Redevelopment Plan Draft dated May 15, 1973, and the Report on the Redevelopment Plan Draft dated May 16, 1973; Set the Redevelopment Plan for joint public hearing by the City Council with the Community Redevelopment Commission and the Community Redevelopment Agency on June 25, 1973, 7:30 P.M.; Approve the Notice of Publication and the letter transmitting the Notice; Instruct the City Clerk to publish notice of the hearing once a week for four successive weeks prior to the hearing in a newspaper of general circulation commencing May 23, 1973, and thereafter on May 30, June 6 and June 13, 1973; Instruct the Executive Director to send notice with the letter of transmittal via certified mail, return receipt requested, to the last known assessee of each parcel of land in the area designated in the redevelopment plan, at his last known address as shown on the last equalized assessment roll of Orange County; and CITY COUNCIL MINUTES 170 MAY 21, 1973 Direct staff to return to the Community Redevelopment Commission all projects which were deleted by them at their last meeting and request that they continue these items for public review with final determination to be made at the public hearing on June 25, 1973; was seconded by Councilman Yamamoto, and carried on the following vote: AYES: Ward, Yamamoto, Garthe, Patterson, Evans NOES: None ABSENT: Markel, Griset (CA 82.4) Councilman Markel returned to the Council table at 4:30 P.M. 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 Evans, seconded by Councilman Yamamoto, which carried on a 6 0 vote. ORD. NS-1163 AN ORDINANCE OF THE CITY AMENDING MUNICIPAL CODE COUNCIL OF THE CITY OF HIGH RISE BUILDINGS SANTA ANA AMENDING AND ADDING TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF ADOPTING AN AMENDMENT TO THE 1970 EDITION OF THE UNIFORM BUILDING CODE CONCERNING LIFE-SAFETY PROVISIONS FOR HIGH RISE RESIDENTIAL AND OFFICE BUILDINGS was passed to second reading on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. (CA 87; CA 74) ORD. NS-1164 AN ORDINANCE OF THE CITY S.P.S.A. NO. 28 COUNCIL OF THE CITY OF ADDING TO MUNICIPAL CODE SANTA ANA ADOPTING SPECIFIC PLAN FOR STREET ALIGNMENT NO. 28, AND ADDING SECTION 41-745 TO THE ZONING ORDINANCE OF THE SANTA ANA MUNICIPAL CODE was passed to second reading on motion of Councilman Evans, seconded by Councilman Yamamoto, and carried on a 5 - 1 vote, with Councilman Markel dissenting. (CA 29.7; CA 74) ORD. NS-1165 AN ORDINANCE OF THE CITY A.A. #717 COUNCIL OF THE CITY OF PLANNING COMMISSION SANTA ANA APPROVING AMENDMENT APPLICATION #717 FILED BY SANTA ANA PLANNING COMMISSION TO REZONE PROPERTY LOCATED BETWEEN HARBOR BLVD. AND WEST STREET: WESTMINSTER AND HAZARD AVENUES FROM R 2 TO C 2 AND R 2B AND AMENDING SECTIONAL DISTRICT MAP 9-5-10 (EXHIBIT A.A. 717-A) was passed to second reading on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. (CA 10) ORD. NS-1166 AN ORDINANCE OF THE CITY AMENDING MUNICIPAL CODE COUNCIL OF THE CITY OF UNLAWFUL EXPOSURE SANTA ANA REPEALING ARTICLE III OF CHAPTER 12 AND AMENDING AND ADDING SECTION 12-1 THROUGH 12-9 OF CITY COUNCIL MINUTES 171 MAY 21, 1973 ARTICLE I CHAPTER 12 MAKING IT A MISDEMEANOR FOR THE UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS WHILE ACTING OR EMPLOYED AS A WAITER, WAITRESS OR ENTERTAINER IN AN ESTABLISH- MENT SERVING FOOD AND BEVERAGES, INCLUDING BUT NOT LIMITED TO ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES was passed to second reading on motion of Councilman Markel, seconded by Councilman Evans, and carried on the following vote: AYES: Markel, Evans, Garthe, Yamamoto NOES: Ward, Patterson ABSENT: Griset Councilman Yamamoto's motion to adopt Ordinance NS-1166 as an emergency ordinance (requiring 2/3 affirmative vote) was seconded by Councilman Evans, and failed to carry on the following vote: AYES: Yamamoto, Evans, Markel, Garthe NOES: Patterson, Ward ABSENT: Griset Councilman Ward's amendment to the previous motion to delete from the ordinance Sections 12-1 (c) and 12-4 (c), was seconded by Mayor Patterson, and failed to carry on the following vote: AYES: Ward, Patterson, Garthe NOES: Markel, Yamamoto, Evans ABSENT: Griset (CA 149; CA 74) RES. 73-49 A RESOLUTION OF THE CITY UNIFORM BUILDING CODE COUNCIL OF THE CITY OF HIGH RISE BUILDINGS SANTA ANA FINDING THAT CERTAIN MODIFICATION AND CHANGES IN THE REGULATIONS CONTAINED IN THE UNIFORM BUILDING CODE, 1970 EDITION, ARE NECESSARY IN ORDER TO PROVIDE A REASONABLE MINIMUM STANDARD FOR LIFE SAFETY IN HIGH-RISE BUILDINGS was adopted on motion of Councilman Evans, seconded by Councilman Markel, and unanimously carried on a 6 0 vote. (CA 87) RES. 73-50 A RESOLUTION OF THE CITY AMENDING GENERAL PLAN COUNCIL OF THE CITY OF SANTA ANA AMENDING THE ARTERIAL STREETS PORTION OF THE "LAND USE AND ARTERIAL STREETS" ELEMENT OF THE GENERAL PLAN was adopted on motion of Councilman Evans, seconded by Councilman Markel, and unanimously carried on a 6 - 0 vote. (CA 78.3) RES. 73-56 (CORRECTING RES. 73-31) A RESOLUTION OF THE CITY APPEAL #316 COUNCIL OF THE CITY OF RAY MADRID SANTA ANA CORRECTING RESOLUTION 73-31 RELAT- ING TO APPEAL # 316 ON VARIANCE APPLICATION NO.'73-3 FILED BY RAY MADRID was adopted on motion of Councilman Evans, seconded by Councilman Garthe, and carried on a 4 2 vote, with Council- men Yamamoto and Markel dissenting. (CA 13.3) CITY COUNCIL MINUTES 172 MAY 21, 1973 RES. 73-57 A RESOLUTION OF THE CITY TOPICS FUNDS COUNCIL OF THE CITY OF ASSIGNMENT TO COUNTY SANTA ANA, APPROVING ASSIGNMENT BY CITY TO COUNTY OF "TOPICS" FUNDS ALLOCATED TO THE CITY FOR THE YEAR 1972-73 was adopted on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. (CA 29.5) RES. 73-58 A RESOLUTION OF THE CITY TOPICS FUNDS COUNCIL OF THE CITY OF ASSIGNMENT TO GARDEN GROVE SANTA ANA APPROVING THE ASSIGNMENT BY CITY OF SANTA ANA TO CITY OF GARDEN GROVE TOPICS FUNDS ALLOCATED TO THE CITY OF SANTA~ANA FOR THE YEAR 1972-73 was adopted on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. (CA 29.5; A-73-30) RES. 73-44 A RESOLUTION AMENDING MISCELLANEOUS FEES FEES FOR MISCELLANEOUS SALES AND SERVICES was adopted on motion of Councilman Markel, seconded by Council- man Yamamoto and carried on a 5 1 vote with Councilman Evans dissenting. (CA 6S) SENATE BILL 90 Council considered the letter from the City of Newport Beach dated May 8, 1973, enclosing a copy of their resolution opposing the introduction of bills by State Legislature containing exemp- tions from Senate Bill 90 reimbursement provisions. After discussion, Council adopted a similar position on the matter, and instructed the Clerk to forward a letter setting forth that position to State Assemblymen, State Senators, the Governor, Speaker of the Assembly, and the League of Cities, on motion of Councilman Yamamoto, seconded by Council- man Evans, and unanimously carried on a 6 0 vote. (CA 57) CAPITAL IMPROVEMENTS PROGRAM Council considered the 1973-1978 Planning Commission's recommendation for annual revision to the Capital Improvements Program contained in their Resolution Number 6030 adopted May 1, 1973. The Recommended Capital Improvement Program, 1973-1978, adopted by the Planning Commission on May 1, 1973, was received and filed on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. The Mayor requested staff to schedule a detailed presentation of the Program for June 25 or July 2. (CA 65A) DRAINAGE ASSESSMENT FEES After considering Plan- ning Commission's Resolution Number 6031 recommending that Council adopt the drainage assessment fees as listed in the report of the Director of Public Works dated March 8, 1973, Council set for public hearing consideration of a proposed ordinance for the adoption of said fees on June 4, CITY COUNCIL MINUTES 173 MAY 21, 1973 1973, at 7:30 P.M., on motion of Councilman Markel, seconded by Councilman Yamamoto, and carried on a 5 - 1 vote with Councilman Evans dissenting. Prior to voting, Councilman Evans stated that he would not be present at the hearing on June 4, and that his NO vote was indicative of what his vote would have been if he were present. (CA 70) OVERNIGHT PARKING Council considered the report of the Police Chief dated May 14, 1973, and the City Attorney's Opinion No. 73-33 dated April 26, 1973, relating to the constitutionality and enforceability of Section 36-144 of the Santa Aha Municipal Code which prohibits overnight parking on certain streets. The consensus was that more information was needed from staff, and Councilman Evans motion to continue the matter to July 16, 1973 pending a staff report, was seconded by Councilman Garthe, and carried on a 5 - 1 vote with Councilman Yamamoto dissent- ing. (CA 18; CA 81.1) OPERATIONS OF Council received and U.T.O., INC. filed the report of the City Attorney dated May 21, 1973, and the Decision of the Police Chief dated May 14, 1973 which revoked the Certificate of Public Convenience and Necessity which had been issued to U.T.O., Inc. on June 27, 1969, on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. (CA 26.2) TAXICAB STATUS The City Attorney's report dated May 17, 1973 on the status of taxicabs in the City was received and filed on motion of Councilman Evans, seconded by Councilman Garthe, and unanimously carried on a 6 0 vote. (CA 26) AFFIRMATIVE ACTION PROGRAM Council considered the reports of the Director of Personnel on minority employment and the Affirmative Action Program, both dated May 15, 1973; together with suggested resolutions on the Affirmative Action Program from staff and from the Human Relations Commission. The matter was referred to the Human Relations Commission to review with staff and make recommendations for a resolution to Council on or before July 16, 1973, on motion of Councilman Yamamoto, seconded by Councilman Markel, and unanimously carried on a 6 - 0 vote. Prior to voting, the Mayor stated that he had received a letter from the Fair Employment Practices Commission which should be considered by the Human Relations Commission and staff. (CA 50.4) SPHERE OF INFLUENCE Council approved the recommendations con- tained in the Planning CITY COUNCIL MINUTES 174 MAY 21, 1973 Commission report dated May 16, 1973, and instructed staff to forward those recommendations to the Local Agency Formation Commission, on motion of Councilman Evans, seconded by Councilman Garthe, and unanimously carried on a 6 - 0 vote. The report set forth the Planning Commission's recommendation that ten (Areas 4 - 13, inclusive) of the fifteen unincorporated areas included in the Sphere of Influence Study may be included in the City's Sphere of Influence. A staff report dated May 17, 1973, on the rationale as to why the U.S. Marine Corps Air Station (Helicopter, Area 1) should be in the Sphere of Influence of the City was distributed to Council. (CA 78.4) CENTRAL COMMUNITY CENTER Council considered the report of the City Manager dated May 14, 1973, relating to the relocation of the Central Community Center. Councilman Evans' motion to: 1. Authorize staff to allow the expiration of the option to renew the lease for 1212 South Bristol Street; 2. Direct staff to notify lessor prior to June 1, 1973, of the City's intent; and 3. Authorize staff to implement and execute the move of Central Center to 2215 West McFadden; was seconded by Councilman Yamamoto, and unanimously approved on a 6 - 0 vote. (CA 131.6) UNDERGROUND UTILITY Council considered the DISTRICT NO. 6 report of the Director of Public Works dated May 16, 1973, setting forth the necessity of a public hearing before proceeding with the establishment of an underground utility district along 17th Street in front of Santa Aha College. On motion of Councilman Evans, seconded by Councilman Garthe, and unanimously carried on a 6 0 vote, Council set a public hearing for June 4, 1973, at 7:30 P.M., in accordance with Section 37-2 of the Santa Ana Municipal Code, for the purpose of ascertaining the necessity of converting the existing over- head utility system to an underground system within the area generally defined as bordering 17th Street from College Avenue to Bristol Street, more particularly described on the drawing attached to the report. (CA 134) EX 73-12 Minor Exception 73-12, CHARLES LINGER filed by Charles Linger, to allow expansion of a legal non-conforming bar within 300' of a residential district in the C 1 District at 327 East 17th Street, recommended for approval by the Planning Commission, was received and filed on motion of Councilman Evans, seconded by Councilman Garthe, and carried on a 5 - 1 vote, with Councilman Yamamoto dissent- ing. (CA 13.2) CITY COUNCIL MINUTES 175 MAY 21, 1973 RECREATION AND PARKS The Superintendents of REVENUE SHARING FUNDS Parks and Recreation gave PROJECTS an oral presentation regarding proposed Recrea- tion and Parks Projects using Revenue Sharing funds. Their presentation had been continued from the May 11 meeting. During the discussion, Councilman Ward stated that he believed funds should be put into land acquisition for parks instead of park development. The Mayor indicated that he would like to see a map of the City showing where all parks and park sites were located, and the Superintendent of Parks stated that he would bring such a map to the meeting that evening. (CA 52; CA 57.2) ORAL COMMUNICATIONS Councilman Yamamoto stated SIGN ORDINANCE that he would like the City Attorney to be instructed to investigate the City's sign ordinance in rela- tion to possible existing violations. The City Attorney stated that the matter would have to go to the Planning Commission for their review and approval; that the matter had previously been referred to the Planning Depart- ment but that they presently had inadequate staff to enforce the sign ordinance. He further stated that he would prepare a report on the matter. (CA 34) ORAL COb~MUNICATIONS Councilman Markel expressed LEAGUE OF CITIES disappointment at the picket- CONFERENCE ing of the Elks Club in Sacramento during a recent League of Cities Conference in that city. (CA 148) RECESS Relations Commission. At 5:50 P.M., Council recessed to a joint dinner meeting with the Human RECONVENE At 7:35 P.M., the meeting was reconvened with the same Councilmen present. PLEDGE OF ALLEGIANCE There was a flag ceremony led by Boy Scout Troop 45, sponsored by First Christian Church, which included a Color Guard. The Mayor introduced the Boy Scouts, namely, Brian Bergsetter, Senior Patrol Leader, Keith Brewer, Mark Long, Ed Morales, Nick Sawyer, Charlie Case, and Stan Kubatt. The Mayor also introduced their leaders, Larry Francis, Scout Master, and Jack Bullington, Assistant Scout Master. (CA 9.4) INVOCATION Church. The invocation was given by Reverend Neal Jensen, First United Methodist (CA 80.17) CITY COUNCIL MINUTES 176 MAY 21, 1973 POLICE CADET PROGRAM Police Chief Ray Davis gave a brief explanation of the Crime Specific Burglary Program, a Federally funded program in the City, which is for the purposes of preventing burglaries and appre- hending burglars. He stated that the program was presently going on in ten counties throughout the State. He introduced the cadets and gave a brief history of the background of each. The Cadets are as follows: Sgt. N. Williams (leader), Frank Claridy, Cole Hampton, David Jones, Donald Lund, John Mangiarcaccina, Thomas Maupin, Anthony Sanchez, Darrell Walker, Lorne Willeford and Laurie Woods. (CA 47.4) AGENDA ORDER Items 71 and 73 would be taken before consider the shorter items first. With the informal consent of Council, the Mayor announced that Agenda Item 70 in an effort to PUBLIC HEARING The Mayor opened the CUP 73-3 public hearing on Condi- APOSTOLIC ASSEMBLY OF tienal Use Permit No. FAITH IN JESUS CHRIST 73-3, filed by Apostolic Assembly of Faith in Jesus Christ, to build an addition to an existing church in the R 2 District at 223 North Harper. On April 16, 1973, Council had referred the application back to the Planning Commission for additional hearing. The Planning Director reviewed the contents of the staff reports dated March 23, 1973 and May 16, 1973, and the findings of the Planning Commission dated May 16, 1973. The Clerk reported there were no written communications. The following persons spoke in favor of the application: Mr. Daniel M. Aguirre, 922 North Toddy Street Mr. Francisco Meza, Pastor of the Church, 3002 W. McFadden Mr. Aguirre stated that he did not attend the church, however, he had offered to prepare plans for the proposed new construc- tion; that the plans provided for increased parking; that ser- vices at the church were usually over by 9:00 P.M., however, they sometimes lasted until 9:30 P.M. The following persons spoke in opposition to the application: Mrs. Teresa Talavera, 312 N. Harper Street Mr. Jessee Lopez, 219 N. Harper Street Mrs. Gertrude Hermosillo, 213 N. Harper Street Mr. Anastacio Hermosillo, 213 N. Harper Street The opponents stated that there was no air conditioning in the church and windows were kept open, that during the services drums, guitars and a piano with amplifiers were utilized making the noise intolerable; that services were held at least twice a week, however, were sometimes held every night of the week, occasionally lasting as late as 11:00 P.M.; that sometimes music practices were held after the services; that the church did not want to cooperate with the neighbors in limiting the late hours of services or trying to control the noise of the congregation. CITY COUNCIL MINUTES 177 MAY 21, 1973 There were no other proponents or opponents and the Mayor closed the public hearing. After discussion, Councilman Ward moved that Council uphold the decision of the Planning Commission and instruct the City Attorney to prepare a Resolution approving Conditional Use Permit 73-3 subject to the following condition: Restriction of service on weekdays to no later than 9:00 P.M., and on Friday and Saturday to no later than 10:00 P.M. The motion was amended by Councilman Yamamoto, seconded by Councilman Ward to provide that all electrical amplification on the premises inside and outside, be eliminated by 8:00 P.M. on weekdays and by 9:00 P.M. on Friday, Saturday and Sunday. The amendment to the motion carried on the following roll call vote: AYES: Yamamoto, Ward, Markel, Garthe NOES: Patterson, Evans ABSENT: Griset The motion was further amended by Councilman Ward to add the following conditions: 1. That no windows be permitted along the southerly wall of the proposed addition. 2. That the southerly wall of the proposed addition be soundproofed. That improvements to the offstreet parking facility be completed prior to the issuance of a building permit for the proposed addition. 4. That the Conditional Use Permit be subject to annual review. The further amendment was seconded by Councilman Garthe, and carried on the following vote: AYES: Ward, Garthe, Markel, Yamamoto, Patterson NOES: Evans ABSENT: Griset The original motion, including the two amendments, then carried on the following vote: AYES: Ward, Yamamoto, Garthe, Patterson NOES: Markel, Evans ABSENT: Griset (CA 13.1) CITY COUNCIL MINUTES 178 ~Y 21, 1973 ORANGE COUNTY TRANSIT DISTRICT Dr. G. J. (Pete) Fielding, General Manager of Orange County Transit District gave an oral presentation, at the invitation of Council. He referred to his letter of May 16, 1973, which incorporated three minor changes in bus routes. The proposed changes are: The buses running along Wright, Palm, and Lyon Streets between First and Fourth Streets be re-routed onto Mabury Street. The re-routing of buses to travel both northbound and southbound on Flower Street with a central transfer point at 6th Street with all buses stopping on the far side of the intersection. 3. The re-routing of buses along Ross Street, between Third Street and Santa Ana Boulevard. The City Manager stated that the Director of Public Works had indicated that there were no major problems on proposals 1 and 2, however, there were some concerns over the 3rd proposal. Dr. Fielding stated that they would appreciate being kept apprised by staff of any difficulties. Councilman Ward stated that he liked the idea of keeping the bus stops on Flower Street; that the idea of a shelter was a good one, and that he hoped the design of the shelter would conform to the standards of the Civic Center Commission. In response to a question from Councilman Garthe regarding a main terminal, Dr. Fielding stated Santa Ana was the center of Orange County and in need of such a facility, and that the best way for this to be accomplished would be for Council to adopt a Resolution and forward it to the Transit District for their serious study and consideration. In response to an inquiry from Mayor Patterson regarding bus service to Fashion Square, Dr. Fielding stated that there was presently thirty-minute service offered by Southern California R.T.D., and that they were working with them to have transfer privileges~ Dr. Fielding gave a brief report on the High-Speed Study which is underway, stating that there were proposed high-speed routes connecting Los Angeles and San Diego; that routes would probably be adopted by January and that he would be glad to give a more detailed presentation to Council sometime in July or August. The Mayor stated that sometime in August would be~suitable for such a presentation. Billy C. Hall, Executive Director of the City Center Associa- tion, stated that their association would like to see a bus terminal in the downtown area; and that he had received a letter from Supervisor Battin stating that if the City could provide an adequate location at no cost or at a very reasonable list price in the city center area, that he would be favorable to introducing action which would build a permanent bus terminal in the Santa Ana area. CITY COUNCIL MINUTES 179 MAY 21, 1973 Councilman Garthe's motion to refer to staff the proposal to build a bus terminal to accommodate all buses servicing the City was seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. (CA 84; CA 84.4) RECESS 9:30 P.M. with the same At 9:15 P.M., a recess was declared. The meeting reconvened at Councilmen present. PUBLIC HEARING REVENUE SHARING Federal Revenue PROGRAMS Sharing Programs: The Mayor opened the public hearing on the following proposed 1. Planned Use Report for entitlement period No. 3 from January 1, 1973 through June 30, 1973; 2. Planned Use Report for entitlement period No. 4 for fiscal year 1973-1974; and 3. Proposed Use of Orange County Revenue Sharing Funds for the 4th entitlement period. The City Manager referred to his original report dated April 25, 1973, and to the changes that staff was recommend- ing as a result of study sessions held since the previous Council meeting. The changes were set out in the reports of the Fire Chief and the Assistant to the City Manager, Community Relations dated May 16, 1973 and May 15, 1973 respectively. Mr. Manuel A. Rede, Assistant to the City Manager, Community Relations, summarized his report. The Clerk reported there were no written communications. The Mayor called for testimony from the audience. Mr. Cliff Fraizer, 2049 S. Halliday Street, stated that he was opposed to revenue sharing; that it should more properly be called "debt sharing"; that the national debt was increasing at such a rate that the Federal government would never be able to get out of the red; that it was that debt that caused inflation; and that he would like the City to send the revenue sharing checks back from whence they came. Mrs. Jean Dignan, 3414 S. Timber, representing the League of Women Voters, Santa Ana-Tustin, read a statement to Council which suggested that a substantial amount of revenue sharing funds be used for social purposes. Mr. Billy C. Hall, Executive Director of the City Center Association, stated that his association agreed with Mr. Fraizer, however, although revenue sharing may not be the ideal situation, that refusing to accept those funds which had been set aside for this purpose would only deny Santa Ana some of the advantages of this program including the reduction of taxes; that revenue sharing should be replaced with a taxing program at the very lowest level of government. Mr. Bill Heying, President, Sandpointe Homeowners Association, called attention to the fact that funds had been deleted from the improvement to the Grant Park site; that at least some CITY COUNCIL MINUTES 180 MAY 21, 1973 grass should be planted on the site so that people area could make some use of the land instead of it a trash heap. in the remaining The Mayor explained that the funds had been diverted to the fire station and community recreational building to be built on the MacArthur and Towner site; that there would be a considerable savings to the City in terms of construction costs by combining the two facilities. There was no further testimony from the audience, and the Mayor closed the public hearing. The Parks Superintendent displayed the map of the City showing the existing park sites. After discussion, Council adopted the following resolutions: RESOLUTION 73-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REAFFIRMING ITS 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" ATTACHED was adopted on motion of Councilman Yamamoto, seconded by Councilman Ward, and carried on the following vote: AYES: Yamamoto, Ward, Markel, Garthe, Patterson, Evans NOES: None ABSENT: Griset RESOLUTION 73-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A SPECIFIC PLANNED USE FOR THE DISPOSITION OF REVENUE SHARING FUNDS FOR ENTITLEMENT PERIOD #3 was adopted on motion of Councilman Evans, seconded by Council- man Yamamoto, and carried on the following vote: AYES: Evans, Yamamoto, Markel, Garthe, Patterson, Ward NOES: None ABSENT: Griset RESOLUTION 73-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CERTAIN PROPOSED PROJECTS FOR ENTITLEMENT PERIOD #4 AND THE DISBURSEMENT OF REVENUE SHARING FUNDS IN ACCORDANCE THEREWITH was adopted on motion of Council- man Ward, seconded by Councilman Markel, and carried on the following vote: AYES: Ward, Markel, Garthe, Yamamoto, Patterson, Evans NOES: None ABSENT: Griset RESOLUTION 73-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING PROPOSED USE OF COUNTY REVENUE SHARING FUNDS FOR THE 4TH ENTITLEMENT PERIOD RUNNING FROM JULY 1, 1973, THROUGH JUNE 30, 1974 was adopted on motion of Councilman Yamamoto, seconded by Councilman Ward, and carried on the following vote: CITY COUNCIL MINUTES 181 MAY 21, 1973 AYES: Yamamoto, Ward, Markel, Garthe, Patterson, Evans NOES: None ABSENT: Griset Councilman Ward's motion that the MacArthur community center be deferred to a later date and that the funds be used for park site acquisition, was seconded by Councilman Garthe, and unanimously carried on a 6 - 0 vote. (CA 57.2) ORAL COMMUNICATIONS Councilman Ward referred to a letter from Mrs. Weston Walker regarding billboards, and requested that Council forward the letter to the Orange County Board of Supervisors requesting that action be taken. (CA 34) Councilman Ward requested that staff look into the commercial establishments on Bristol Street which occupy buildings pre- viously used as homes to make sure they meet all requirements including parking. (CA 78) The Mayor stated that he would like Council to consider taking their own oral communications either in the afternoon or evening sessions. Councilman Yamamoto stated that he would like staff to look further into theatre permits and to consider taking them away from places that were not theatres. (CA 149) The City Manager stated that he would like the minutes to reflect that An Organization and Manpower Distribution Study on the City's Police Department had been completed by P.O.S.T.; that it was the first such review since 1958, and would play a.part in the budget recommendations, and that he was sure Council would find it most interesting. EXECUTIVE SESSION The meeting adjourned to an Executive Session at 11:30 P.M. ADJOURNMENT by the Mayor. The meeting was recon- vened and immediately adjourned at 12:15 A.M. Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES 182 MAY 21, 1973