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HomeMy WebLinkAbout06-25-1973MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AND MINUTES OF THE ADJOURNED REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AENCY June 25, 1973 The meeting was called to order by Vice Mayor Vernon S. Evans at 2:10 P.M. in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the following Councilmen present: John Garthe, Lorin Griset, Vernon S. Evans, J. Ogden Markel, James E. Ward, and Harry K. Yamamoto. Mayor Jerry M. Patterson arrived at 2:15 P.M. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Planning Charles C. Ztmmerman, Director of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. MINUTES Griset, The Minutes of the Regular Meeting of June 4, 19Y3 were approved as submitted, on motion of Councilman seconded by Councilman Garthe, and unanimously carried. CONSENT CALENDAR The following Agenda items were removed from the Con- sent Calendar: Items 2 A, 3 A, 3 E, 3 F and 3 G requested by Councilman Markel; Items 5 A, 7 A and 7 B requested by Councilman Yamamoto; Items 1 B, 3 D and 7 C requested by Councilman Ward; and Item 7 E requested by Mayor Patterson. On motion of Councilman Griset, seconded by Councilman Garthe, and unanimously carried, Council affirmed the recommended action on tke following Consent Calendar items: BID CALLS ment for bids on the following: Approved plans and specifications, and authorized advertise~ PROJECT T-3041 [147) - Traffic Signal Modification and Installation of Telephone Signal Interconnect at Various Locations; opening date July 17, BID AWARDS most responsible bidder: 1973, 2:00 P.M. (CA 89) Awarded contracts as follows on the basis of lowest, best and SPEC. 73-017 - Fire Hose Nozzles & Fittings. Awarded contract to Western Fire Equipment, Brisbane, California. SPEC. 734-136 Cold water meters (positive). Awarded contracts to Badger Meter Co., Milwauke, Wisconsin for sizes 5/8" x 3/4", 3/4" x 1" and 1" x 2", and to Hersey Products, Dedham, Massachusetts for size 1~1/2". SPEC. 734-137 Cold water meters (~ire se~vice]. Awarded contract to Hersey Products, Inc., Dedham Massachusetts. CITY COUNCIL MINUTES 205 JUNE 25, 1973 CONSENT CALENDAR - Continued SPEC. 734-138 Cold water meters (compound). Awarded contracts to Hersey Products Co., Dedham, Massachusetts for 3" and 4" sizes; and to Gamon Calmet, Florence, Kentucky for 6" size. SPEC. 734-230 Hot Pour Rubberized Mastic Seal, Awarded contract to Edoco Technical Products, Inc., Long Beach. SPEC. 734-231 - Asphalt Concrete. Awarded contract to Gulf Oil Corp., Industrial Asphalt Div., Santa Aha. SPEC. 734-232 Liquid Asphalt Sealer. Awarded contract to Astec Products Company, Santa Aha. SPEC. 734-233 - Emulsion - Aggregate Slurry,. Awarded contract to Flex-Paving & Engineering Inc., Tustin. SPEC. 734-234 Portland Cement Concrete. Awarded contract to Standard Concrete Material, Inc., Westminster. PROJECT 4022A - Construct P-3 Storm Drain along SPRR from Main Street to Cypress Avenue, Awarded contract to Lomar Cowporatlon, Santa Ana. PROJECT 5013 - Modification of signals at Seventeenth Street and Grand Avenue, McFadden Avenue and Grand Avenue, and installation of new signals and lighting systems at Se~en~ teenth Street and Cabrillo Park Drive. Awarded contract to Smith Electric Co.~ Stanton. PROJECT 5014 Installation of new traffic signal and lighting system at Santa Ana Boulevard and Patton Street. Awarded contTact to Smith Electric Company, Stanton. 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 the City's East Reservoir site. Awarded contract to Cal Pacific Paving Co., Santa Aha. (CA 89) Continued the following to July 2, 1973, to allow staff the opportunity to negotiate for more prompt delivery date on one bid received: SPEC. 73-018 - Four (4) Two Door Compact Sedans. Continued the following for further analysis of Bids: SPEC. 734-135A - Fire Hydrants standard. SPEC. 734-135B - Fire Hydrants commercial. CITY COUNCIL MINUTES 206 JUNE 25, 1573 CONSENT CALENDAR - Continued AGREEMENTS agreements: Approved and authorized the Mayor and Clerk to execute the following CONSULTANT SERVICES FOR C-5-F STORM DRAIN DESIGN - Between the City and Williamson and Schmid, Civil Engineers. (A-73-33) ENCROACHMENT AGREEMENT - Between the City and Powerine Oil Company to construct a sign at 401 Grand Avenue. (A-73-34) TRAFFIC installed June 1, (CA 18.3(a)) Received and ordered filed report of control devices removed or 1973 through June 19, 1973, inclusive. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Applications: Received and ordered filed the following Alcoholic Beverage HANSHAW ENTERPRISES, 1430 West First Street, Off Sale General, Person to Person Transfer. PRESTIGIACOMO, C. P., 3850 South Plaza Drive, On Sale Beer & Wine CBona Fide Public Bating Place) Supplemental, Original, and the City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following application: LAGUNAS, Rachel R. and MARTINEZ, Antonio, 2345 W. First Street, On Sale Beer, Premises to Premises Transfer. (CA 146) MINOR EXCEPTIONS~ VARIANCES, AND CONDITIONAL USE PERMITS Received and ordered filed tko following applications: VA 73-28, VIRGINIE CALLENS - To extend and maintain an existing double faced 10' x 24' subdivision directional sign for the Bradford Place Development in the C 4 District at 3510 S. Bristol Street; APPROVED. CUP 73-10, JOHN E. OSTERKAMP, ET AL. To construct a 195 unit mobile home park in the C 2 and A 1 Districts at 4201 W. First Street; APPROVED. CUP 73-11, ALL AMERICAN SPORTS CLUBS, INC. To establish an indoor sports club within an existing building in the M 1 zone at 401 "B" West Dyer Road; APPROVED. (CA 13) (CA 13.1) (CA 13.1) CITY COUNCIL MINUTES 207 JUNE 25~ 1973 CONSENT CALENDAR - Continued PUBLIC PROPERTY USE Property: Approved the following Applications for Special License to Use Public BRADFORD PLACE SANTA ANA HOMEOWNERS ASSOCIATION I, party and fire works display in the 2900 block of South Sycamore Street; on July 4, 1973 from 12:00 Noon to 12:00 Midnight. WILLIAM J. KAIRY, SR. - Block Party for Neigh- bors and Evening Dance, 2200 Block of North Hathaway between Avalon and 21st Street, July 4, 1973, 10:00 A.M. to 11:00 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 31, 1973 through June 20, 1973, inclusive. (Deed No. 5234, S236, 5238, S239, S241) DEEDS, NO CASH GRANTEE, CITY (WITH ESCROW) Authorized execution of the Escrow Instructions by the Mayor and Clerk: CAMILE CHRISTIAN CHURCH, north side of Bishop, east side of Cedar, street purposes. (Deed No. 5237) DEEDS WITH CASH Approved the following GRANTEE, CITY deeds and authorized the Mayor to sign all necessary documents in connection with the pnrchase: FOSTER & KLEISER, north side of First, east of Townsend, street purposes. (Deed No. 5235) VACA, north side of First, east side of Pacific, street purposes. (Deed No. 5240) (CA 155) TENTATIVE PARCEL/ Approved the following TRACT MAPS maps subject to conditions and the Environmental Impact Report or Negative Declaration contained in the Plan- ning Director's report: TENTATIVE PARCEL MAP #816 - Filed by John A. Kosha creating two (2) M 1 parcels to be used for industrial uses, located generally south of Castor Street, east of Yale Street. (CA 25) TENTATIVE TRACT MAP #8203 CRevised) Filed bM W. L. Builders Corp. creating 592 Ri~PRD lots to be used for single family residential, located generally between Raitt Street and Greenville Street on the south side of Wa~ne~ Avenue. (CA 24) CITY COUNCIL MINUTES 208 JUNE 25, 1973 CONSENT CALENDAR - Continued FINAL TRACT MAP Approved the final map, accepted the dedications thereon, and the bonds, and authorized execution of the sub- division agreement, on the following: MAP #8280 - South side of Segerstrom Avenue East of Raitt Street, 83 lots. (CA 24) COMPLETION OF IMPROVEMENTS bond: Accepted improvement and authorized release of faithful performance PEDESTRIAN OVERPASS FOR SADDLEBACK INN 1650 East First Street. (Agreement) SURPLUS PROPERTY property: Declared surplus and authorized the demoli- tion of the following SURPLUS PROPERTY REPORT #73-9 for improve~ ments located at 111 North Plower Street and 820 West Second Street, acquired in connection with Project 1349, Flower Stweet, Pine to Santa Ana Boulevard. (CA 45) BUDGET TRANSFERS Authorized transfe~ of funds as follows: APPROPRIATION ADJUSTMENT #113 $6,650.00 from Account No. 11 various funds as shown in the June 1, 1973. to transfer -551-111 to report dated APPROPRIATION ADJUSTMENT #114 $2,990.00 from Account No. 11 various funds as shown in the June 1, 1973. to transfer -551-111 to report dated APPROPRIATION ADJUSTMENT #115 $1,SS0.00 from Account No. 11 various funds as shown in the June 1, 1973. to transfe~ -551-111 to report dated APPROPRIATION ADJUSTMENT #116 $1,200.00 from Account No. 11 various funds as shown in the June 1, 1973. to transfer -552-371 to report dated APPROPRIATION ADJUSTMENT #117 to transfer $6,500.00 from various funds to Account No. 11-565-111 in the amount of $2,500.00 and Account No. 11-565-511 in the amount of $4,000.00 as shown in the report dated June 1, 1973. CITY COUNCIL MINUTES 209 JUNE 25, 1973 CONSENT CALENDAR - Continued APPROPRIATION ADJUSTMENT #122 to transfer $6,200.00 as shown in the report dated June 11, 1973. APPROPRIATION ADJUSTMENT #131 to transfer $1,200.00 from Account No. 11-128-131 to Account No. 51-128-641 as shown in the report dated June 12, 1973. APPROPRIATION ADJUSTMENT #139 to transfer $1,200.00 from Account No. 11-311-111 to Account No. 51-311-641 as shown in the report dated June 14, 1973. APPROPRIATION ADJUSTMENT #140 to transfer $1,530.00 as shown in the report dated June 15, 1973. APPROPRIATION ADJUSTMENT #142 to transfer $6,000.00 from Account No. 51-532-631 to Account No. 51-551-631 as shown in the report dated June 15, 1973. APPROPRIATION ADJUSTMENT #153 to transfer $750.00 from various funds to Account No. 24-212-541 as shown in the report dated June 19, 1973. (CA 65.3) ENVIRONMENTAL IMPACT REPORTS following: Received and ordered filed the Environmental Impact Report on the PROJECT 1346 - Civic Center Drive extension from Birch Street to Minter Street. (CA 89) * * * * * * * * CONSENT CALENDAR FINI~S ~ * * * * * * * BID CALLS On motion of Councilman Griset, seconded By Councilman Yamamoto, with Councilman Ward voting NO, Council approved plans and specifications, and authorized advertisement for bids on the following: PROJECT T-3041 (194) - Widen Bristol Street between Martha Lane and Twenty-First Street with Traffic Signal Modification at Bristol and Seventeenth Streets; opening date August 7, 1973 at 2:00 P.M. (CA 89) BID AWARDS Council awarded contract as follows best and most responsible bidder: On motion of Councilman Griset, seconded By Councilman Carthe, and unanimously carried, on the basis of the lowest, SPEC. 8-005 A - Portable Patient Monitoring Scope and Defibrillator; contract awarded to Medtrontc Sales, Inc., Burbank. (CA 89) CITY COUNCIL MINUTES 210 JUNE 25~ 1973 AGREEMENT The agreement between the SUMMER YOUTH PROGRAM City and Orange County Community Action Council, Inc., for the administra- tion of the 1973 Summer Youth Program, was approved and its execution by the Mayor and Clerk was authorized, on motion of Councilman Griset, seconded by Councilman Yamamoto, and unani- mously carried. (A-73-32) AGREEMENT The agreement Between the BIKE TRAIL - F01 CHANNEL City and the Orange County Flood Control District for installation and maintenance of a bike trail and landscaping along the FO1 Channel from Dyer to Warner was approved and its execution by the Mayor and Clerk was authorized on motion of Councilman Griset, seconded By Council- man Yamamoto, and unanimously carried. Councilman Ward suggested that the Board of Recreation and Parks should have had an opportunity to review and make its recommenda- tion to Council regarding the agreement. (A-73-35) AGREEMENT The agreement Between the ENGINEERING SERVICES City and VTN Consolidated, THORNTON PARK Inc., for engineering services for Thornton Park was approved and its execution by the Mayor and Clerk w~s authorized on motion of Councilman Evans, seconded By Councilman Y'ama~noto, and carried with Councilman Ward dissenting. Following the approval of the agreement, there was considerable discussion regarding the size of the park site and tko possibility of selling a portion of it and using the funds for the develop- ment of a smaller site. Councilman Ward's motion to direct staff to investigate the possibilities of selling a portion of the site pending further soil investigation and to report back to Council witBln 30 days was seconded by Councilman Yamamoto, and carried on the follow-- ina vote: AYES: Ward, Yamamoto, Griset, Patterson NOES: Evans, Garthe, Markel ABSENT: None (A-73-36) AGREEMENT The agzec~ment Between tko LAW ENFORCEMENT City and tko Orange County OFFICER ASSIGNMENT Criminal Justlce Council for the services of a Police Officer during the Fiscal Year 1973-74 was approved and its execution by the Mayor and Clerk was authorized on motion of Councilman Ward, seconded by Councilman Yamamoto, and unanimously carried. (A-73-37) AGREEMENT The agreement between the NEW CAREERS PROGRAM City and the Jobs for Progress, Inc., Operation SER, for implementation of a "New Careers Program", was approved and its execution by the Mayor and Clerk was authorized on motion of Councilman Y'amamoto, seconded by Mayor Patterson, and carried with Councilman Garthe dissenting. (A-73-38) CITY COUNCIL MINUTES 211 JUNE 25, 1973 ALCOHOLIC BEVERAGE Councilman Evans' motion APPLICATIONS to receive and file the following ABC application was seconded by Councilman Ward, and carried with Councilman Yamamoto dissenting: ROSEL, Pablo, 409 N. Raitt, On Sale Beer (Dropping Partner), Person to Person Transfer. (CA 146) VA 73-21 Variance Application 73-21 JAMES A. CARTER filed by James A. Carter, to construct a two-story garden apartment with 56 units in the R 2 and A 1 Districts at 517 South Newhope Street, recommended for approval by the Planning Commission, was received and filed on motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried. (CA 13) VA 73-23 Variance Application 73-23 SHELL OIL COMPANY filed by Shell Oil Company, to install a 5' x 5' roof- top sign in addition to an existing pole sign on the same parcel in the C 2 District at 224 East First Street, recommended for approval by the Planning Com- mission, was received and filed on motion of Councilman Evans, seconded by Councilman Griset, and carried with Councilmen Markel and Yamamoto dissenting. (CA 13) VA 73-26 Variance Application 73-26 ORANGE VILLA BIBLE CHURCH filed by Orange Villa Bible Church, to establish a Boys Republic Facility pzoviding treatment and room and board for a maximum of twenty~five adolescent boys in the R 3 HB & P Districts at 206 and 220 West 15th Street, recommended for approval by the Planning Commission, was set for public hearing on August 6, 1973, on motion of Council- man Evans, seconded by Councilman Garthe, and unanimously carried. Prior to the motion, Mr. Harlan Anderson, representing the Santa Aha Unified School District, asked that the matter Be delayed to give them the opportunity to determine what effect the facility would have upon the schools. During Council discussion, the consensus was that mo~e information was needed including opinions from residents. Councilman Evans stated that he would like to have a report from the Police Chief. (CA 13. ~) CUP 73-5 Conditional Use Permit 73-5 NEWPORT EQUITIES TRUST filed by Newport Equities Trust, to construct a planned residential develop- ment (106 unit condominium) in the R 2-PRD District at 5020 West First Street, recommended for approval By the Planning Commission, was received and filed on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. (CA 13.1) TENTATIVE TRACT MAP #8203 Councilman Griset's motion W. L. BUILDERS CORP. to reconsider Tentative Tract Map #8203, which had been approved with the Consent Calendar as Agenda item 10 B, was seconded By Councilman Ward, and carried with Councilman Evans dissenting. As part of CITY COUNCIL MINUTES 212 JUNE 25, 1973 the motion, Council agreed not to consider the item until the arrival of the engineer for the project, who had been notified by telephone to return to the Council Chambers for participation in reconsideration of the item. (CA 24) READING WAIVED The full reading of ordinances and resolutions, the title of which appeared on the public Agenda, was waived on the unanimously approved motion of Councilman Yamamoto, seconded by Councilman Evans. ORD. NS-1167 AN ORDINANCE OF THE CITY A.A. #718 COUNCIL OF THE CITY OF JACK SAKIOKA, TOSHIKI SAKIOKA SANTA ANA APPROVING AMEND- AND JOHNNY SAKIOKA MENT APPLICATION 718 FILED BY JACK SAKIOKA, TOSHIKI SAKIOKA AND JOHNNY SAKIOKA TO PREZONE PROPERTY PRESENTLY UNIN- CORPORATED FROM M 1 (IN ORANGE COUNTY) TO THE M 1 DISTRICT IN THE CITY OF SANTA ANA AND AMENDING SECTIONAL DISTRICT MAP 29-5-9 (EXHIBIT A.A. 718-A) was adopted on motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried on the following vote: AYES: Yamamoto, Garthe, Evans, Griset, Markel, Patterson, Ward NOES: None ABSENT: None (CA 10; CA 94) ORD. NS-1168 AN ORDINANCE OF TI~E CITY AMENDING MUNICIPAL CODE COUNCIL OF THE CITY OF DRAINAGE FEE SCHEDULE SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 34-193 RELATING TO LOCAL DRAINAGE AREA FEE SCHEDULE was adopted on motion of Councilman Yamamoto, seconded by Mayor Patterson, and carried on the following vote: AYES: Yamamoto, Patterson, Garthe, Griset, Markel, Ward NOES: Evans ABSENT: None (CA 70; CA 78.3; CA 74) ORD. NS-11?4 AN ORDINANCE OF THE C~TY AMENDING MUNICIPAL CODE COUNCIL OF THE CITY OF THEATRICAL ESTABLISHMENTS OF SANTA ANA AMENDING SECTION 12-6 OF THE SANTA ANA MUNICIPAL CODE was passed to second reading on motion of Councilman Evans, seconded by Councilman Yamamoto, and carried with Councilmen Ward and Mayor Patterson dissenting. (CA 149; CA ?4) ORD. NS-1175 AN ORDINANCE OF THE CITY SALE OF NEWSPAPERS COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 10-150 TO THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE SALE OF NEW~SPAPERS ON THE PUBLIC RIGHT-OF-WAY was passed to second reading on motion of Councilman Yamamoto, seconded by Councilman Griset, and carried on tee following vote: CITY COUNCIL MINUTES 213 JUNE 25, 1973 AYES: Yamamoto, Griset, Garthe, Markel, Ward NOES: Evans, Patterson ABSENT: None Prior to voting, a substitute motion was made by Mayor Patterson to delete from the ordinance the word "buttocks" in Section l(b) (1) and Section 1 (b) (2) in its entirety. The motion was seconded by Councilman Ward, and failed to carry on the following vote: AYES: Patterson, Ward, Garthe NOES: Griset, Evans, Markel, Yamamoto ABSENT: None (CA 153; CA 74 ORD. NS-1176 AN ORDINANCE OF THE CITY PROPERTY MAINTENANCE COUNCIL OF THE CITY OF SANTA ANA ADDING AN ARTICLE IV TO CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE ~INTENANCE OF PROPERTY was discussed and the consensus was that additional time was needed for study of the proposed ordinance and its effects. The consideration of the ordinance was continued to the meeting of August 20, 1973 on motion of Councilman Evans, seconded by Councilman Griset, and unanimously carried. RES. 73-65 A RESOLUTION OF THE CITY WATER RATES COUNCIL OF TH~ CITY OF SANTA ANA FIXIN6 WATER RATES AND STAND-BY SERVICES CHARGES FOR AN AREA OUTSIDE CITY LIMITS was adopted on motion of Councilman Evans, seconded by Councilman Griset, and ca~ied on the following vote: AYES: Evans, Griset, Garthe, Markel, Ward, Yama~oto NOES: Patterson ABSENT: None (CA 12; CA 65) RES. 73-64 A RESOLUTI'ON OF THE C~TY AMENDING RES. 72-40 COUNCIL OF THE CI'TY O~ CONDEMNATION OF REAL PROPERTY SANTA ANA AMBNDI~G DESCRIP- TION OF PARCEL NO. 3 INCLUDED IN RESOLUTION 72-40 FORMERLY PASSED APRIL 17, 1973 was adopted on motion of Councilman Evans, seconded by Councilman Ward, and unanimously carried. RES. 73-62 A RESOLUTION OF THE CITY EMERGENCY PLAN COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE EMERGENCY PLAN OF THE CITY OF SANTA ANA DATED MAY 30, 1973 was adopted on motion of Council- man Evans, seconded by Councilman Yamamoto, and unanimously carried. (CA 144) CITY COUNCIL MINUTES 214 JUNE 25, 1973 RES. 73-66 A RESOLUTION OF THE CITY JUVENILE DELINQUENCY PREVENTION OF SANTA ANA APPROVING AND ENFORCEMENT UNIT APPLICATION FOR GRANT DISCRETIONARY FUNDS TO THE U.S. DEPARTMENT OF JUSTICE TO CREATE A DELINQUENCY PREVENTION AND ENFORCEMENT UNIT, AND AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF SANTA ANA TO SIGN AND DELIVER THE APPLICATION was adopted on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. (CA 140.15) RES. 73-61 A RESOLUTION OF THE CITY VA 73-6 COUNCIL OF THE CITY OF H & J MABURY COMPANY THE CITY OF SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AND APPROV- ING VARIANCE NO. 73-6 FILED BY H AND J MABURY COMPANY was adopted on motion of Councilman Griset, seconded by Councilman Evans, and carried with Mayor Patterson and Councilman Yamamoto dissenting. (CA 13.3d) RES. 73-69 A RESOLUTION OF THE CITY VEHICLE THEFT UNIT COUNCIL OF THE CITY OF SANTA ANA APPROVING AN APPLICATION FOR GRANT FOR ORANGE COUNTY VEHICLE THEFT & STATISTICAL ANALYSIS UNIT, CALI- FORNIA COUNCIL ON CRIMINAL JUSTICE AND AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF SANTA ANA TO EXECUTE ALL DOCUMENTS PERTINENT THERETO was adopted on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. (CA 112.6a) RES. 73-70 A RESOLUTION OF THE CITY ARTERIAL HIGHWAY PROGRAM COUNCIL OF THE CITY OF SANTA ANA TO PROVIDE ANNUAL REQUALIFICATIONS FOR PAR- TICIPATION IN THE ARTERIAL HIGHWAY PROGRAM was adopted on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. (CA 29.4a) POOL TABLE APPLICATION The request dated June 13, JOHN AND BEATRICE M. CONNOR 1973 from John and Beatrice M. Connor, for a permit to operate two pool tables in the business known as "Melode Room", located at 2545 West Mc Fadden Street, was approved on motion of Councilman Ward, seconded by Councilman Markel, and carried with Councilmen Evans and Yamamoto dissenting. (CA 91.1) ORANGE COUNTY MOSQUITO Council considered the ABATEMENT DISTRICT letter from the City of Newport Beach, dated June 1, 1973 requesting support of their resolution calling for dissolution of the Orange County Mosquito Abatement District. Councilman Griset's motion to refer the matter to staff for a report was seconded by Councilman Evans, and carried with Councilman Markel dissenting. (CA 54) CITY COUNCIL MINUTES 215 JUNE 25, 1973 FRANCHISE PETITION Council considered the WESTERN MUTUAL WATER CORP. letter from South Western Mutual Water Corp. dated June 13, 1973, petitioning for a franchise in accordance with Section 1300 et seq. of the Charter, to operate and maintain a water plant near the corner of Greenville and Edinger, together with all its appurtenant equipment and works. Councilman Evans' motion to refer the petition to staff for further analysis and specific recommendations was seconded by Councilman Garthe, and carried on the following vote: AYES: Evans, Garthe, Griset, Patterson, Ward, Yamamoto NOES: Markel ABSENT: None Prior to voting, Mr. Pickeral, 2522 West Edinger, spoke on behalf of the petition, stating that the franchise was expiring after fifty years and that it was to the benefit of the participating residents to continue with that water system for as long as possible due to the high cost of a new water system and the relative inability of the residents to afford a new system. Councilman Griset's substitute motion to approve the request for a franchise was seconded by Councilman Markel and failed to carry on the following vote: AYES: Griset NOES: Markel, Garthe, Yamamoto, Patterson, Evans, Ward ABSENT: None (CA 12) LAND AGREEMENT Council considered the HOWARD B. LAWSON letter from Howard B. Lawson dated June 20, 1973, requesting time for an oral presentation regarding an agreement entered into between the City and himself on April 3, 1972. The Clerk reported that Mr. Lawson had telephoned and requested that the matter be continued to the meeting of July 2. Councilman Evans' motion to so continue the matter was seconded by Councilman Griset, and unanimously carried. (Agreement) PROJECT 4026 After considering the PROJECT 1357 report of the Director of Public Works dated June 20, 1973, Council extended the bid opening date to July 17, 1973, at 2:00 P.M. on the following: PROJECT 4026 - Construct V-2 Storm Drain in South Street from F-ii Channel to Cabrillo Park Drive and in Cabrillo Park Drive from Fourth Street to Fifth Street. (CA 89 G) PROJECT 1357 - Construct Cabrillo Park Drive from Fourth Street to Fruit Street. (CA 89 F) CITY COUNCIL MINUTES 216 JUNE 25, 1973 PARKING OVERNIGHT Council considered the report of the Director of Public Works dated June 13, 1973, relating to the repeal of overnight parking prohibition on certain City streets. Councilman Evans' motion to instruct the City Attorney to prepare an ordinance repealing Section 36-144 of the Municipal Code, was seconded by Councilman Griset, and failed to carry on the follow- ing vote: AYES: Evans, Griset, Garthe NOES: Markel, Patterson, Ward, Yamamoto ABSENT: None The consensus of the dissenting Councilmen was that the repeal of the section would encourage more on-street parking, fCA 18) RECESS At 4:30 P.M., a recess was declared. Council reconvened at 4:40 P.M. with all Councilmen present. ALCOHOLIC BEVERAGE The Clerk reported that LICENSE APPLICATION Mr. Antonio Martinez, 4313 LAGUNAS, Rachel R. and West Kent, had desired to MARTINEZ, Antonio speak on his Alcoholic Beverage License Applica- tion, however, the matter had been voted upon by Council with the Consent Calendar before he had done so. The Mayor invited Mr. Martinez to speak. Mr. Martinez stated that he had owned the Monterey Club located at 2026 West Fifth Street for the previous four years; that the club was in a very bad area, however, they had maintained order there and would do so at the new location at 2345 West First Street. The Police Chief concurred that the operation at 2026 West Fifth Street had been excellent with no enforcement problems~ however~ since the new location was in a high-incident area with an over-concentration of ABC licenses and a policing problem, they were recommending protest of the application. Councilman Markel's motion to reconsider the ABC application died for lack of a second. (CA 146) TENTATIVE TRACT MAP Councilman Griset explained NO. 8203 (REVISED) that he had been under the impression that the subject property between Raitt Street and Greenville Street on the south side of Warner Avenue would be developed as Planned Residential Development (PRD) lots; that inasmuch as a standard R 1 development w~as legal, he would like to hear an expression from the develope~ regarding tbe possibility of the City obtaining a couple of f~ve acre parks within the development to provide needed open space. Councilman Ward concurred in Councilman Griset's statements. CITY COUNCIL MINUTES 217 JUNE 25, 1973 Mr. Peter Oches, Executive Vice President of the William Lyon Company, stated that PRD development was rejected for the property because the current market trend favors single family residential, particularly in the subject area where PRD development is readily available; that a substantial single family community is planned for the property with homes ranging between $35,000 - $50,000; that the size of the property will require several years for total development. Mr. Oches agreed that the idea of parks is very important and that the park adjacent to the east will be a substantial asset to the property; that the property would generate over $200,000 in park fees. Mr. Oches agreed to discuss with staff the possibility of trading some of the land for a park area in lieu of the park fees. Mayor Patterson suggested that consideration could be given to an exchange of the City's park property to the east for land within the proposed tract; and that, ideally, a 5-acre park should be located within the proposed development. Tentative Tract Map No. 8203 (Revised) was approved on the unani- mously approved motion of Councilman Ward, seconded by Councilman Griset with the understanding that staff and the developer would negotiate for park land to serve the residents of the proposed tract. (CA 24) ORANGE COUNTY FAIR The request from Orange HOUSING COUNCIL County Fair Housing Council on June 4, 1973, for $6,480 in financial assistance from the City Council was withdrawn by Mr. Gerald Vind, Chairman, in his oral presentation to Council. Mr. Vind related that the Fair Housing Council had received $27,000 in funding from the Orange County Board of Supervisors. The peti- tion for withdrawal was approved on the unanimously carried motion of Councilman Garthe, seconded by Councilman Evans. (CA 9.6) AGENDA ORDER with a scheduled Executive Session. Agenda items 57 - 66, inclusive, excluding item 60 were continued to the evening session, along RECESS At 5:30 P.M., Council recessed to a joint dinner meeting with the Community Redevelopment Commission. RECONVENE Mayor Patterson. At 7:30 P.M., the meeting was reconvened by Vice Mayor Evans with all Councilmen present except PLEDGE OF ALLEGIANCE There was a Flag Ceremony led by Explorer Post #238, sponsored by the Santa Ana Police Department. Officer Dave Johnson with the Police Department was the leader in attendance, and those participating in the cezemenM were Lt. Mike Stuhl, Sgt. Chris Rose, Cadet Buddy Sumners, and Cpl. Dagostino. (CA 9.10) CITY COUNCIL MINUTES 218 JUNE 25, 1973 INVOCATION The invocation was given by Reverend Galal Gough, of the First United Methodist Church. (CA 80.17) COMMUNITY SPOTLIGHT SANTA ANA COMMUNITY PLAYERS The Vice Mayor acknowledged the Santa Ana Community Players who had been invited to give an oral presentation. Mr. Lee Howington, of the Santa Ana Community Players, gave a brief history of the organization and explained some of their current activities. He stated that the group was currently using the City Hall Annex for their productions; however, they were looking for new and better quarters; that he would personally launch a full campaign in the fall for the Players to have a home of their own; that he would be contacting the Councilmen individually to discuss some of his ideas, and that he hoped he would receive their support. (CA 9.3) AGENDA ORDER for continuance. The Vice Mayor announced that Agenda items 77 and 78 would be taken out of order to accommodate a request TAXICAB APPLICATIONS The Vice Mayor announced C & S TOURS that there had been a request GORDON P. WIGGINS for a continuance of the taxicab applications of C & S Tours, doing business as Quick Cab Co. and Gordon P. Wiggins, doing business as Blue-White Cab Co. to operate 12 and 20 taxi- cabs respectively, by letter dated June 21, 1973 from the law firm of Pizer & Michaelson, on behalf of their client, Yellow Cab. Melvin F. Cohen, Attorney at Law, 401 representing C & S Tours, stated that continue the matter to July 16, 1973. Civic Center Drive West, he would be agreeable to Mr. Gordon Wiggins, 1001 North Logan, stated that he would be amenable to a continuance to July 2, 1973, however, that he would be out of town on July 16, 1973. After discussion, both parties agreed that they would be available on August 20, 1973. Councilman Griset's motion to continue both applications to August 20, 1973, was seconded by Councilman Yamamoto, and carried on the following vote: AYES: Griset, Yamamoto, Garthe, Markel, Ward NOES: Evans ABSENT: Patterson Prior to voting, Mr. Wiggins stated that he would like to reserve the right to come before Council and ask for another continuance in the event his attorney would not be available on the date of August 20, 1973. CITY COUNCIL MINUTES 219 JUNE 25, 1973 The Vice Mayor assured Mr. Wiggins that he would have that right at any time. (CA 26.5; CA 26.7) AGENDA ORDER Councilman Markel stated that he believed there was no better time than that evening to take Agenda items in order, in response to the Vice Mayor's request for Council preference in the matter. PUBLIC HEARING The Vice Mayor opened the VA 73-20 public hearing on Variance ANCIENT VALLEY PROPERTIES Application 73-20 filed by Ancient Valley Properties to allow installation of a sign not permitted by the Code in the C D District at 811 North Broadway. The Planning Director gave a brief history of the zoning in area involved, and reviewed the contents of the findings of the Planning Commission dated May 14, 1973. the RECESS At 8:05 P.M., a recess was declared for the purpose of rectifying a problem with the public address system. The meeting reconvened at 8:10 P.M. with the same Councilmen present, and the hearing on VA 73-20 continued. The Planning Director displayed a photograph of the existing sign at the location. The Clerk reported there were no written communications. Mr. Jim Livingston, representing Ancient Valley Properties and J & Sign Company, speaking .in favor of the application, stated that a much larger sign had originally been proposed; that the business at the location was suffering hardship due to lack of exposure through signing; that the Planning Commission had recommended two single-faced signs; that he had been given the wrong information by the Planning Department regarding the zoning; that the proposed signs would be recessed into the building. B The Planning Director stated that he was surprised at Mr. Living- ston's statement regarding a mistake having been made by the Planning Department in that it had been previously concluded that no mistake had been made and the complaint had been withdrawn. Mr. Livingston further stated that to the north of the location where the signing is proposed there were 18 signs within one block, all double faced projecting signs, and that by comparison the applicant was asking very little. Mr. Lawrence Buckley, Attorney at Law, 811 North Broadway, stated that he was located in the same building as the restaurant business desiring the signs, and that he had been retained by the applicant to come before Council; that the restaurant served a large number of dinners to many employees in the Civic Center area; that lack of good places to eat was a major problem in the area; that the sign requested would permit the owner of the restaurant to reach customers who would be patronizing the restaurant and bar in the evening hours; that the establishment usually closed at approximately 8:30 P.M.; that there was no reason to deny the signing. CITY COUNCIL MINUTES 220 JUNE 25, 1973 Mr. Earl Kearney, Manager and part owner of Earl's Bar ~ Grill, 811 North Broadway, stated that they were seeking identity and wanted the people in the area to know who they were; that they catered mainly to a lunch trade; that they only wanted to have some projection out on the street so that people could see and recognize them. Mrs. Ann E. Johnson, 809 North Broadway, stated that she was in favor of sign on the front of the building, but did not want a 60-foot sign on the south side of the building. There were no other proponents or opponents, and the Vice Mayor closed the public hearing. Councilman Ward's motion to overrule the decision of the Planning Commission and instruct the City Attorney to prepare a Resolution denying Variance Application 73-20, was seconded by Councilman Yamamoto, and carried on the following vote: AYES: Ward, Yamamoto, Griset, Markel NOES: Evans, Garthe ABSENT: Patterson Prior to voting, Councilman Ward stated that he could not believe that the proposed sign was necessary for proper identity of the restaurant. Councilman Yamamoto stated that he believed the Sign Ordinance should be complied with and that there would be danger of setting a precedent if the variance were approved. (CA 13) PUBLIC HEARING The Vice Mayor opened the AMENDMENT APPLICATION #719 public hearing on Amendment ALMQUIST, HOLMES, VELASCO, Application #719 filed by AND PALMER Forrest Almquist, Thelma Holmes, Micaela Velasco, and Eddie Palmer, to rezone property located on the south side of Second Street, at the southwest corner of Second Street and Bristol Street, from the P District to the C 5 and R 2B Districts. The Planning Director reviewed the Findings of the Planning Commission dated May 29, 1973, and Planning Commission Resolution 6036, recommending approval of the application. The Clerk reported there were no written communications. Speaking in favor of the application was Mr. C. M. Massee, Senior Real Estate Representative for Shell Oil Company, 3511 Camino Del Rio South, Suite 210, San Diego, who stated that they concurred with the recommendation of the Planning Commission; that they had worked closely with staff; that construction of a car wash was being considered; and that they were willing to leave the property under restrictive zoning. There were no other proponents and no opponents, and the Vice Mayor closed the public hearing. ORDINANCE NS-1171 APPROVING AMENDMENT APPLICATION #729 FILED BY FORREST ALMQUIST, THELMA HOLMES, MICAELA VELASCO, AND EDDIE PALMER TO REZONE PROPERTIES FROM THE P DISTRICT TO THE C S AND R 2B DISTRICTS, AMENDING SECTIONAL DISTRICT MAP 11-5-10 (EXHIBIT A.A. 719-B) was passed to second reading on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following vote: CITY COUNCIL MINUTES 221 JUNE 25, 1973 AYES: Griset, Ward, Evans, Garthe NOES: Markel, Yamamoto ABSENT: Patterson Prior to voting, Councilman Markel stated that approving the application would tend to take business away from the downtown area; that there were already two service stations on the opposite corner; that if the application were approved, there would be twenty-five property owners on Second Street ready and willing to ask for the same privilege. (CA 10) PUBLIC HEARING The Vice Mayor opened the JuMENDMENT APPLICATION #720 public hearing on Amendment BURGER KING PROPERTIES, INC. Application ~720 filed by Burger King Properties, Inc., to rezone property located on the west side of Jackson Street, between First Street and Pine Street, from the C 2 District to the R 2 District. The Planning Director reviewed the Findings of the Planning Commission dated May 29, 1973, and Planning Commission Resolution 6037, recommending approval of the application. The Clerk reported there were no written communications. Speaking in favor of the application was Gil Wilson, 988 North Main, Orange, representing the applicant, who stated that the adjoining properties were zoned R 2, and that R 2 would be the proper use. There were no other proponents and no opponents, and the Mayor closed the public hearing. ORDINANCE NS-1172, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION #720 FILED BY BURGER KING PROPERTIES, INC, TO REZONE PROPERTY FROM THE C 2 DISTRICT TO THE R 2 DISTRICT, AMENDING SECTIONAL DISTRICT MAP 15-5-10 (EXHIBIT A;A. 720-A) was passed to second reading on motion of Councilman Griset, seconded by Councilman Markel, and carried on the following vote: AYES: Griset, Markel, Evans, Garthe, Ward, Yamamoto NOES: None ABSENT: Patterson (CA 10) RECESS At 8:55 P.M., a recess was declared. The meeting reconvened at 9:05 P.M. with all Councilmen present except Mayor Patterson and Councilman Markel. PUBLIC HEARING The Vice Mayor opened the AMENDMENT TO GENERAL PLAN public hearing on the proposed amendment to the General Plan by adding thereto (1) the Building Inspection Summary by the Director of Building Safety and Housing of the City of Santa Aha dated May 15, 1973; 2) the Build- ing Condition Summary accompanying said Building Inspection Summary; and 3) a map pertaining to the aforesaid Building Condition Summary showing the areas in which conditions are found indicating CITY COUNCIL MINUTES 222 JUNE 25, 1973 the existence of blighted areas within the City of Santa Ana Community Redevelopment Project Area. Councilman Ward's motion to receive and file the negative declaration pertaining to the Amendment to the General Plan, was seconded by Councilman Yamamoto, and carried on the following vote: AYES: Ward, Yamamoto, Evans, Garthe, Griset NOES: None ABSENT: Markel, Patterson The Director of Building Safety and Housing presented the following documents to Council: 1) The Building Inspection Summary by the Director of Building Safety and Housing of the City of Santa Ana dated May 15, 1973; 2) The Building Condition Summary accompanying said Building Inspection Summary; 3) A map pertaining to the Building Condition Summary. He stated that each building in the Project Area had been inspected and that an inspection survey sheet had been filled out for each one; that the inspections had been of the exterior of the buildings only; that there had been no attempt to determine the extent of Code violations, but only to determine condition of buildings with respect to obvious structural, aesthetic or deterioration features. He placed a map of the Project Area on the overhead projector, identified the boundaries of the Project Area, and stated that the survey had merely been to determine the percentage of all sub-standard buildings within the Project Area. In response to a question from Councilman Griset as to w~at part the age of a building had played, the Director of Building Safety and Housing stated that it had played none in itself unless some structural deficiency had been reflected; that some of the older masonry buildings were sub-standard; that they had made more careful inspection than just a windshield driving by survey; that each building had been examined from the exterior by someone walking around the building; that the records had been consulted regarding age of buildings where such record~ had been available; that detailed engineering surveys had not Been made. Councilman Ward asked what major areas had been considered ~rhen a building had been declared sub-standard. In response, the Director stated that the problem of fire resistance had been considered, as well as the general condition of the properties; and that they had been considered suB-standard if there had been a number of minor Code violations or one major deficiency. Councilman Yamamoto's motion to receive in evidence the documents presented by the Director of Building Safety and Housing, was seconded by Councilman Griset, and unanimously carried on a 5 - 0 vote. Mr. Mick Conway, 2520 N. Linwood Avenue, stated that he did not know what Council had done in the preceding action. The Vice Mayor asked the Assistant City Manager to clarify the action. The Assistant City Manager stated that he would be happy to provide Mr. Conway with a copy of the report; that the main purpose of the information provided by the Director of Building Safety and CITY COUNCIL MINUTES 223 JUNE 25, 1973 Housing was to show that within the 320-acre Project Area, there were buildings that were substandard and according to State law it was necessary to show that the area had been inspected, and that it was part of the General Plan; that the report showed block by block the required information. Mr. Joe Gilmaker, 308 West Fourth Street, inquired as to how many buildings were found to be substandard. The Director of Building Safety and Housing stated that out of 687 buildings inspected, 466 of them were found to be substandard by the criteria which he had mentioned, which represented 67.9% of the area; that inspectors had spent several days over a period of four weeks or the equivalent of two inspectors, full-time, for a month. Janice Boer, 912 North Lowell, read from Section 33442 of the California Health & Safety Code and stated that she would like someone who was a logician to tell her how you could take build- ings, have them determined substandard, and have them comply with that section of the Code. The City Attorney stated that the Code section referred to was not germane to the question. Mrs. Boer replied that the City Attorney had never found anything germane to the issue when he was unable to answer the question. The Vice Mayor stated that he did not believe tke question was entirely fair; that he did not believe it was part of the particu- lar issue at that time and that it could not be answered. The Assistant City Manager stated that the Director of Building Safety and Housing had mentioned that inspectors had walked all of the blocks and looked at the buildings; that the Buildings were not being condemned; that it was simply infol~matlen for the General Plan. Mr. Edward Gafford, 330 West Washington, representing American Legion Post 131, stated that the Post owned one half~ Bleck in the Project Area; that he was not present te oppose anything, but was seeking information; that if their building was seund, fire proof and would not collapse with 7.6 on the Richter scale, would it be subject to the demolition squad? The Assistant City Manager stated that the American Legion build- ing was not subject to any demoliton squad; that the~e were no plans to take down any building at that time; that the pregram was to get financing -- approximately $500,000.00 per year, and that from there they would be working with the people to make plans together. Mr. Gilmaker read from Section 33321 of the California Health & Safety Code, Article III. The City Attorney stated that he thought Mr. Gilmakez's remarks would be properly directed to the next item on the agenda. Mr. Gilmaker stated that he was talking about substandard buildings and that his remarks were pertinent to the present hearing. The Vice Mayor concurred with Mr. Gilmaker that the remarks were pertinent. CITY COUNCIL MINUTES 224 JUNE 25, 1973 The City Attorney stated that he believed Council was out of order; that the Code Section to which he had referred was formulated because it would be impossible to find an area for a given Redevelopment Plan that was completely blighted; that most areas were a combination of substandard and otherwise acceptable property. Mr. Rod Eldridge, 811 North Lowell, stated that he felt there could be much improvement in the City; that he knew many houses were substandard, but what bothered him was that his taxes had doubled. There was no rebuttal from members of staff and no Council members wished to ask questions of persons speaking on the amendment to the General Plan and the Vice Mayor closed the public hearing. RESOLUTION 73-68 AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA was adopted on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Garthe, Yamamoto NOES: Evans ABSENT: Markel, Patterson (CA 78.3c; CA 82) PUBLIC HEARING The public hearing for the REDEVELOPMENT PLAN Redevelopment Plan, Ordinance NS-1173 adopting the Redevelop- ment Plan, and for comments on the Reports on the Community Redevelopment Plan was opened by Vice Mayor Vernon S. Evans. The Clerk of the Council requested all those desiring to testify during the hearing to stand, raise their right hands and be sworn as to the truth of their testimony. Several members of the audience voiced their objections to the oath procedure, among them: Mr. A. Sandy Steiner, 440 Rivera Terrace, Corona del Mar, Mrs. Janice Boer, 912 North Lowell, Mr. Leo Bress, 600 N. Clemente Street. The administration of the oath was waived on motion of Councilman Ward, seconded by Councilman Garthe and carried on the following roll call vote: AYES: Ward, Garthe, Evans, Griset, Markel NOES: Yamamoto ABSENT: Patterson The City Attorney requested that the record reflect that approxi- mately 75 per cent of those present (250 - 300 people) were not in favor of being put under oath. The Clerk stated that the City Council, Community Redevelopment Agency and the Community Redevelopment Commission were sitting in their respective capacities for a joint public hearing on the Redevelopment Plan for Redevelopment of the Santa Ana Redevelop- ment Project Area and that affidavits of publication and mailing of proper notice were on file. CITY COUNCIL MINUTES 225 JUNE 25, 1975 The following members of the Community Redevelopment Commission responded to the roll call by the Clerk: Gordon Bricken John W. Hill Ted Jessee Tom McMichael Robert Newcomb Don Christeson, Chairman Commissioner Hector Godinez was absent. The draft Environmental Impact Report on the proposed Redevelop- ment Plan, a negative declaration, dated June 21, 1973, was summarized by the Director of Planning. The Vice Mayor invited members of the public to speak regarding the Environmental Impact Report. The invitation was repeated. No one responded to the invitation. The Vice Mayor closed the public hearing on the Environmental Impact Report. Mayor Patterson arrived at 10:00 P.M. Councilman Griset's motion to adopt the draft Environmental Impact Report for the Redevelopment Plan and all real and oral evidence presented at the public hearing as the final Environmental Impact Report of the City Council for the City of Santa Ana Community Redevelopment Plan, was seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Garthe, Patterson, Yamamoto NOES: Evans ABSENT: Markel Prior to voting, Mayor Patterson inquired of the City Attorney as to his eligibility to vote on the motion. The City Attorney stated that in view of the fact no oral evidence had been presented and that only the information in the written report had been considered, that he could vote. Councilman Griset moved that the final Environmental Impact Report for the Redevelopment Plan having been prepared and adopted show- ing the Redevelopment Plan to have no significant effect on the Environment, that the Negative Declaration on the Redevelopment Plan be received and filed. The motion was seconded by Council- man Yamamoto, and carried on the following vote: AYES: Griset, Yamamoto, Garthe, Patterson, Ward NOES: Evans ABSENT: Markel Mr. Mickey R. Conroy, 2520 North Linwood Avenue, stated that he did not understand what Council had been talking about and asked the meaning of a Negative Declaration. The Mayor stated that he could answer the questions, however, he did not think it would answer any of the questions of the people in the audience; that the proceedings were beyond that point in the hearing; that the Negative Declaration merely stated that there was no significant impact on the environment. CITY COUNCIL MINUTES 226 JUNE 25, 1973 The Mayor requested staff to give their presentation on the Redevelopment Plan and Ordinance NS-1173. The Assistant City Manager summarized the Report on the Redevelop- ment Plan dated May 16, 1973 and the supplement thereto dated June 21, 1973, and stated that he would like to begin his presenta- tion by mentioning the changes that had been made; that a page 2lA had been added to the Redevelopment Plan which reiterated the existing zoning laws; that there also was a revised section of the Report on the Plan and that the City Clerk had a copy for the record; that he would like to resubmit information presented by Mr. Bril, Director of Building Safety and Housing, regarding the inspection of all of the buildings in the Project Area; that the Assistant City Attorney would like to briefly report on two sections of the revised ordinance on the Redevelopment Plan. The Assistant City Attorney stated that according to recommenda- tions of the bond counsel, two sections had been added to the proposed ordinance, namely, Sections 13 and 14 on page 3 of the ordinance. The Assistant City Attorney then read Section 13 and Section 14, and stated that the ordinance was the same except for those changes. The Assistant City Manager continued his summary stating that over 25 public meetings on the redevelopment program had been held; and that the City Council had appointed the Redevelopment Commission and the Project Area Committee as citizen liaisons for public con- tact and public meetings. The Project Area was projected on the screen and he described it in detail, pointing out inadequacies and explaining the method of financing new development in the area. At 10:50 P.M., in response to the Mayor's request, Mrs. Janice Boer was escorted from the Council Chamber by the Chief of Police and the officer on duty, following repeated interruptions during the presentations and several unheeded warnings by the Mayor. Approximately 50 people left at the same time. The Planning Director gave a presentation, showing charts relat- ing to the General Plan, and stated that the proposed plan took nothing away from anyone with respect to zoning. The Assistant City Manager stated that there were citizens who had worked many hours on the project, and introduced Mr. Howard Way, Chairman of the Project Area Committee, 715 West Second Street. Mr. Way read the report of the Project Area Committee dated June 21, 1973, with reference to the efforts of the Committee in the previous several months, and stated that their committee was working for the people. Mr. Tom McMichael, member of the Community Redevelopment Commis- sion, stated that he did not think that anyone in the room could fully explain the plan; that there existed two conditions in the City that were very difficult to correct, one being the school situation and the other the deterioration of the downtown area; that the school situation was on the way up and that by Fall, the schools in the City would be equal to any and better than most; that there had been many efforts to help the situation in the downtown area, but none had succeeded. CITY COUNCIL MINUTES 227 JUNE 25, 1973 Mr. Don Christeson, Chairman of the Community Redevelopment Commission, stated that there had been amendments to the proposed plan as late as 1:00 P.M. that afternoon; that it was the culmina- tion of many hours of homework; and that it would provide the tools for private enterprise to re-build the downtown area. The staff presentation was concluded, and the City Attorney recommended that there be a motion to receive into evidence: 1. The slide presentation by the Planning Department; 2. The written report of the Director of Building Safety and Housing, including: a. The Building Inspection Summary; b. The Building Condition Summary; and c. A map pertaining to the Building Condition Summary. 3. The Environmental Impact Report; and 4. The Negative Declaration. The suggested preceding motion was made by Councilman Griset, seconded by Councilman Yamamoto and unanimously carried on a 6 - 0 vote, with Councilman Markel absent. The Mayor requested that those persons desiring to testify regard- ing the Redevelopment Plan step forward, and that they confine their remarks to the Redevelopment Plan and Ordinance NS-1173 and the Report on the Redevelopment Plan, and that the comments be limited to five minutes per person. Mr. Gilmaker stated that a man had come into his office and had told him that the proposed plan made him sick; that it echoed of socialism and communism; that most of the people at the hearing opposed the plan, however, most of them had left; that he did not know how many of them were still there; that the Property Rights Association of Santa Ana had worked for a week and were able to get together 288 signed cards opposing the plan as it had been proposed which he had filed with the City Clerk prior to 7:30 P.M.; that if they had had more time, they could have had 500 to 1,000 cards. He read the contents of the card as follows: To the Honorable City Council, City of Santa Ana: My property rights are in jeopardy, and I am opposed to the condemnation aspects of the Santa Ana Community Redevelop- ment Project Area Plan, and do not approve of said plan if this provision remains. He stated that the people signing the cards were not against a plan of normal development, but opposed to the plan before Council; that the 288 cards represented a lot more property than just one parcel per card; that some of the people owned two or three par- cels; that he owned six; that the plan had not worked well in other cities; that it was very new and other cities were having trouble with it; that the City of Long Beach had informed him that they could not sell revenue bonds; that the City of Santa Ana would probably use Federal Funds. The Mayor asked Mr. Gilmaker to state his residence address for the record. Mr. Gilmaker stated that his residence address was 12412 Lee Lane, Garden Grove, California. CITY COUNCIL MINUTES 228 JUNE 25, 1973 Mr. Gilmaker stated that the plan called for the use of General Obligation bonds and Federal funds of any kind; that if there was no intention to use these funds, that it should be removed from the plan and replaced with tax increment financing; that the cities of Buena Park, Brea, Indio, Riverside, Pomona, Fresno, and San Bernardino were in varying degrees of difficulty with their Redevelopment Programs based on the same law; that the plan was not normal development; that the rights and freedom of individual citizens, property owners, merchants and tenants were being eroded by hasty development; that the use of eminent domain for any reason would continue to destroy the property rights of the majority; that if the plan failed, the bonds would become general obligation of all residents of the City; that the Redevelopment Commission without too much fanfare could extend to any part of the City; that all were opposed to present plan; that it was self-evident that the erosion of the basic freedoms would destroy free enterprise if allowed to continue; that they wished the right to redevelop, remodel, occupy, own and dispose of their property without undue government influence. Mr. Art Jacques, 1525 Portola Avenue, stated Council had driven the people out of the Chambers by prolonging the meeting and consequently the ones who should have been heard that live in the area and will be affected were gone. Mr. Steiner stated that Mr. Way had referred to the many meetings held by the Committee, however, the public had not been informed of all of them; that he had found out by accident and had attended the first meeting in a bank building at 8:00 A.M. one morning; that he had never been advised of subsequent meetings; that he found out by accident and attended two meetings which had been held on June 6, 1973. He asked what was going to'happen to the Fourth Street District assessment if the plan developed; that he was not against the plan in principal, but that he didn't like the way it had been handled as far as the property owners were concerned; and he suspects that there is a group buying'up properties who plan to make a lot of money on the transaction. The Mayor stated that as he understood it, there might be people who were speculating; that if Mr. Steiner had any such information that Council would check it out; that every Council member, Agency or Commission Member had had to sign a statement if he owned or bought any property in the Project Area.~ The Mayor then stated that the Fourth Street sidewalks assessment would continue; that there would be no tax increase or assessment districts of any kind. Mrs. Klipstein, lis West Fourth Street, stated that she resented very much any one person taking her and other people's time over a long period during the evening; that they all worked and many of the people had left because of time taken up uselessly; she requested that anyone speaking be limited to one speaking engage- ment; that she and her husband were property owners in the down- town area; that she had done a lot of volunteer work and had served on two building committees without compensation; that she had a degree that included architecture; that unless someone had a better plan, they were wasting the time of the community; that she did not want to see the plan tossed aside unless someone came up with something better. Mr. Ray Villa, 309 South Bristol Street, stated that he wished to speak on behalf of the plan; that it was a good plan, even though it might be misunderstood; that there was a dark cloud hanging over the area; that everyone was afraid of the words "eminent domain"; that the idea had not been initiated by the CITY COUNCIL MINUTES 229 JUNE 25, 1973 City Council, but by the businessmen, citizens~ and taxpayers; that the downtown area was not dying -- that it was dead, and something had to be done; that the plan had the support of the majority of the members of the Chamber of Commerce, the Planning Commission and the Project Area Committee; that there was a building located at 6th and Main Street that was being used as a warehouse; that it was necessary to dispel the fears of people in the fringes of the Project Area; that they were thinking that their house would be torn down; that eminent domain could be used and had been used in street widenings; that the people must be given the facts; that there were sources who were giving mislead- ing information, and putting fear into the people of being thrown out of their homes. Reverend Galal Gough, 2122 North Baker, stated that he was serving a church in the Project Area; that speaking on behalf of the Human Relations Commission, he was supporting the plan because they feel that a healthy downtown is essential to a healthy city; that they would like to see communities totally expanded to be more respon- sive; that the Human Relations Commission is~ advocating a truly comprehensive program geared to the needs of the commercial and residential areas, with particular attention given to the matter of relocation and resettlement assistance. Mr. Gene Hoggat, 2021 East Fourth Street, representing the Chamber of Commerce, read a letter from the Chamber of Commerce dated June 22, 1973. Mrs. Elizabeth Phillips, 1125S Canton Drive, Studio City, stated that she Was a property owner of three Project Area parcels. She defended her building use, stating that it was not a "ware- house" and that the boarded-up door was ordered by the fire department; that her building was being rented by Milton Mann as part of his studio; and that she had served on the Master Plan Commission and other committees to work for the improvement of the downtown area. Mr. John MacDonald, Director of Legal Aid Society, 702 South Broadway, stated that there was not too much question about need for redevelopment in Santa Ana, but that his concern was the people issue and what would happen to the people who were forced to move from their homes; that his office had been invited to review the Redevelopment Plan with respect to relocation; that he had presented comments to the Project Area Committee because they had indicated that parts of the plan and report on reloca- tion were legally inadequate; that he had spent three hours with staff and Mr. McMichael trying to come up with a final draft; that the Legal Aid Society was not taking a position on the Redevelopment Plan; that he was not taking a position as to whether the Environmental Impact Report was adequate; but was only concerned with relocation; that residences were being included in the Project Area only to get tax base; that relocation assistance should be provided to all people who are moved out because of development, not just to the owners of the property, but to tenants as well; that there was nothing in the plan to protect people from being put under direct pressure which would result in their being forced to move and that the assistance omission was a serious oversight that Council should correct. The Mayor stated that the City did not intend to move anyone, but rather to start to redevelop the commercial areas of the City that are really run down. Mrs. Ruth M. Juhlin, 414 East Sixth Street, inquired about which map determined the Project Area -- the one she had received in the mail or the one shown at the hearing that evening. CITY COUNCIL MINUTES 230 JUNE 25, 1973 Council assured her that her property was not in the Project Area. Mrs. Juhlin stated that the proposed plan was not supposed to affect the property owners in the area, but just the tenants; that it affected more than just the tenants. Mr. Dave Flaherty, 1346 S. Ashington, Anaheim, stated that he had a business in Santa Ana and that he lived in Santa Aha until three years ago; that he wanted to commend the staff on the presentation of the plan; that he was the Vice Chairman of the Project Area Committee; that he thought the presentation was well done; that he believed that the redevelopment concept was important to all people and citizens in the City because the tax base had been watered down so that all of the taxpayers were required to support functions that should be included in the tax base; and that the decay in the area needed to be stopped. Mr. Lee Headley, 304 Poppy, Corona Del Mar, stated that the plan made him very happy, and urged property owners within the Project Area to become "sellers" of their property, and suggested that the following options were available to property owners who sell: 1) Relief from capital gains tax; 2) Tax reduction incentives; and 3) Long-term loans. Those who wish to retain their property and develop it, may ask for redevelopment government loans at very low interest rates and low terms. Those who wish to retain their property and not develop, could enter into a leasehold on their land similar to the Irvine approach for developments; and that he was sure that there were even more options available that he had not mentioned. Mrs. Lee Podolak, President, League of Women Voters, stated that the League did not consider itself well enough informed to take a stand on redevelopment; however, they wanted to stress their concern about the definition of displaced persons. Mr. Jim Foxx, 418 West Second Street, stated that he agreed that redevelopment could be a good thing for Santa Ana; that it would have his support if it took into consideration the elderly, the poor, and the minorities, and provided them written protection from exploitation by people with capital; that there were between 600 and 700 families within the redevelopment area; that it would take an assessed value of only $10,000,000.00 to give each dis- placed family the sum of $10,000.00; that those families with low incomes should not have to pay to relocate themselves; that the people who were living in the boarding houses, rooms, and substandard housing would have to move when they were told to. Mr. James Miranda, 2202 South Flower, stated that he wished to commend the staff for a job well done; that when downtown Santa Ana was revitalized, there would be some 40,000 or 50,000 who would never go to outside shopping centers because this was their way of life. Mr. Cal Massee, E1 Cajon, (representative from Shell Oil, but speaking on his own behalf), stated that he had lived in Santa Ana from 1964 to 1968, that he had also lived in San Bernardino and had seen the Redevelopment Agency there turn a very poor area into a prosperous area, and that many corporations and business concerns had answered the needs of the people; that, in his opinion, it is the right thing to do in Santa Ana now because the City is growing and expanding; and that it is up to the leaders of the community to make things happen. CITY COUNCIL MINUTES 231 JUNE 25, 1973 RECESS present. At 12:30 A.M., a recess was declared. The meeting reconvened at 12:40 A.M. with the same Councilmen Mr. Billy C. Hall, Executive Director of the City Center Associa- tion, 12542 Sally Street, Garden Grove, stated that he had lived in the City from 1945 until 1971; that he worked in the City of Santa Ana, and had attended school there. He read a letter from the City Center Association dated June 18, 1973, and stated that from the standpoint of businesses, that they did not have suffi- cient number of customers to warrant maintaining a shop and that the landowners property values were deteriorating; that from the standpoint of citizens, that they needed to be able to point with pride to their City; that if the deterioration was not stopped, there would be a slum area; that a ghost town or a substandard area was not wanted; that the citizens were going to other cities to spend their money and the sales tax was going with them. Mrs. Olive Banks, 202 North Parton, stated that the plan took away the freedom of property owners to sell at top value. The Mayor called for those persons wishing to speak in rebuttal to the testimony given on the Redevelopment Plan and Ordinance NS-1173 and the Report on the Redevelopment Plan. No one came forward. The Mayor called for any members of the staff who wished to speak in rebuttal to the testimony on the Redevelopment Plan and Ordinance NS-1173 and the Report on the Redevelopment Plan. The Assistant City Manager stated that with regard to Mr. Gil- maker's comments, there was no need to sell revenue bonds to obtain tax increment, and regarding the Agency's financial obligations, the Agency would not be a taxing power, and bonds would not be a debt to the City of Santa or any political subdivision of the State other than the Agency; that with regard to Mr. MacDonald's comments, the City of Santa Ana had followed all proper practices regarding relocation; that staff would be happy to meet with Mr. MacDonald; that staff had spent many hours with Mrs. Podolak and Mr. MacDonald, and that staff felt that all documents were proper, legal, and moral in all respects. Mr. MacDonald stated that he guaranteed there were some very serious problems; that the Braithwaite Act Government Code Section 7261 requires current list of all available real property in the area and that the listing was not available; that as for the moral aspects, he has serious concerns that the City is responsible for those people that are indirectly caused to be removed, and that he proposes to submit an opinion regarding the City's responsibility and expansion of the relocation rights; and that the matter is still at issue and it may be litigated. The Assistant City Attorney stated that Mr. MacDonald had brought up legal questions, and that discussions of the issues would continue; that Mr. McDonald had been advised that in the opinion of the City Attorney's Office the Redevelopment Plan and Report on the Redevelopment met the requirements of the Redevelopment Law. Mr. Gilmaker stated that the indirect relocation business would add years of expense and cost to the plan, and read from page 5 of the Redevelopment Plan pertaining to methods for financing the Project. CITY COUNCIL MINUTES 232 JUNE 25, 1973 Mr. Villa stated that under the urban renewal and model cities programs developers are compelled to give relocation assistance. Mr. Foxx requested that the public hearing be continued to a date when it could start at 7:30 P.M. to give more people a chance to comment. The Mayor stated that Council was not in a position to continue the public hearing and that people could have stayed if they had wanted to. The Clerk reported that a statement had been filed by the Con- cerned Citizens Committee, signed by 84 businessmen in the City. Councilman Griset's motion to receive and file the statement favor- ing the Redevelopment Plan was seconded by Councilman Yamamoto, and unanimously carried. Commissioner Griset moved that the Community Redevelopment Agency refer the Report on the Redevelopment Plan to the Santa Ana City Council. The motion was seconded by Commissioner Ward and carried on the following roll call vote: AYES: Griset, Ward, Garthe, Patterson, Yamamoto NOES: Evans ABSENT: Markel Councilman Griset's motion to receive and file the amended Report on the Redevelopment Plan dated June 25, 1973, was seconded by Councilman Yamamoto, and carried on the following vote: AYES: Griset, Yamamoto, Garthe, Patterson, Ward NOES: Evans, Markel ABSENT: None Councilman Griset's motion to close the public hearing on the Redevelopment Plan, Ordinance NS-1173, and the hearing concerning comments on the Report on the Redevelopment Plan, and to overrule all written and oral objections presented at the public hearing, was seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Garthe, Patterson, Yamamoto NOES: Evans, Markel ABSENT: None Prior to voting, the Mayor stated that he was pleasantly surprised at the number of people who had come to the hearing and delighted to find that 90% of them appeared to be in favor of redevelopment in spite of some of the incorrect information that had been circulated on the subject. ORDINANCE NS-1173 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CITY OF SANTA ANA COMMUNITY REDEVELOPMENT PROJECT AREA; INCORPORAT- ING SAID PLAN BY REFERENCE; SETTING FORTH THE PURPOSES AND INTENT OF SAID PROJECT AREA; DESIGNATING THE APPROVED PLAN AS THE OFFICIAL REDEVELOPMENT PLAN OF THE PROJECT AREA; MAKING FINDINGS AND DETERMINATIONS AS REQUIRED BY APPLICABLE LAW; PROVIDING FOR THE EXPENDITURE OF FUNDS BY SAID CITY AS REQUIRED BY SAID PLAN; DECLARING ITS INTENTION TO UNDERTAKE AND COMPLETE ANY AND ALL CITY COUNCIL MINUTES 233 JUNE 2S, 1973 PROCEEDINGS NECESSARY TO BE CARRIED OUT BY SAID CITY AS PROVIDED FOR IN SAID PLAN; AND APPROVING AND DECLARING THE FEASIBILITY OF RELOCATION was passed to second reading on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Garthe, Patterson, Yamamoto NOES: Evans, Markel ABSENT: None Prior to voting, Councilman Evans stated that he thought the Redevelopment Commission and the staff had been very sincere in their efforts and deserved a lot of thanks; that he was sure that every citizen in the community was interested in improving living and economic conditions; that he personally had to vote his own conviction and hoped that maybe he was wrong; that he could not support something about which he was apprehensive; that the procedures are vague for those who face condemnation; that the powers of condemnation had been broadened; that possibly the Agency might be forced to borrow from the general tax fund for the operation of the Agency for the following year or so until money could be obtained; that he thought it was unfair that the owner of property within the Project Area might wish to build on his property and would be unable to do so without approval of another governing body; that private enterprise could succeed; that his company (First American Title) was successful; that there was private money there, and hopefully they were contribut- ing to the development of the downtown area in their own way; and that he sincerely hoped that he was wrong and that the plan accomplished needs without further burden to the taxpayers. Councilman Garthe stated that in the last couple of weeks, he had had the opportunity to see some of the developments in some of the larger cities in California; that one of the finest he had seen in a long time was built in a slum area; that this Plan challenges the Council, Planning Commission and administrative staff all the way to dedicate themselves to doing a job for Santa Aha and to do it in the best possible way. The Community Redevelopment Agency and the Community Redevelopment Commission adjourned their joint meetings with the City Council at 1:40 A.M., by unanimous informal agreement. (CA 82.5) ORANGE COUNTY TRANSIT DISTRICT following action: On motion of Councilman Griset, seconded by Council- man Evans, and unanimously carried, Council took the Accepted the proposed bus routes set forth in the Orange County Transit District letters dated May 16 and June 15, as recommended in the report dated June 11 from the Director of Public Works. (CA 84.4) SPEC. 734-105 After considering the ANNUAL GASOLINE REQUIREMENT report of the Purchasing and Property Control Officer dated June 20, 1973, relating to the annual gasoline requirement bid award; accepted proposals of Shell Oil Co. and Standard Oil Company, authorized their execution by the Purchasing Agent, and adopted RESOLUTION NO. 73-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL MINUTES 234 JUNE 25, 1973 CITY OF SANTA ANA DECLARING THAT AN URGENT NECESSITY REQUIRES THAT CONTRACTS FOR THE PURCHASE OF GASOLINE FOR THE FISCAL YEAR BEGINNING JULY 1, 1973 BE LET WITHOUT ADVERTISING FOR BIDS AND AUTHORIZING THE CITY YkRNAGER TO EXECUTE SUCH CONTRACTS ON BEHALF OF THE CITY. (CA 89G) CURBLINE POSTAL After considering the report BOX DELIVERY of the Planning Director dated June 20, 1973, relating to the position that the City of Placentia had taken with regard to curbline postal box delivery in new housing tracts; adopted the position to oppose the postal service policy. The motion further instructed the Clerk to convey this opposition to the appropriate legislative representa- tives citing the following reasons: (a) Curbline rural post boxes are susceptible to theft because of proximity to the street right-of- way; (b) Rural type curbline postal boxes will create an undesirable cluttered appearing streetscape; and (c) Little real economy is to be realized in the City by the U. S. Postal Service. (CA 75) UNDERGROUND UTILITIES After considering the report of the Acting Museum Direc- tor dated June 20, 1973, relating to the installation of underground utilities beneath the Museum Expansion; approved the funding in the approximate amount of $24,000 from Revenue Sharing Funds for the necessary undergrounding. (CA 134; CA 85) SANTA ANA BICYCLE TRAIL After considering the report of the Director of Public Works dated June 13, 1973, relating to the construction of a bicycle trail along the Santa Ana River between Pacific Coast Highway and Atlanta Avenue and between Edinger Avenue and Katella Avenue; approved plans and special provisions for the construction of the bicycle trail. (CA 18.6) ABANDONMENT OF WELLS AND Council continued to the CODE OF ETHICS July 2, 1973 meeting Agenda items 64 and 65, relating to Drilling and Abandonment of Wells and Code of Ethics respectively, on motion of Councilman Evans, seconded by Councilman Ward, and carried on the following vote: AYES: Evans, Ward, Garthe, Griset, Markel, Patterson, Yamamoto NOES: None ABSENT: None CITY COUNCIL MINUTES 235 JUNE 25, 1973 EXECUTIVE SESSION Council continued the scheduled Executive Session to the July 2 meeting by informal unanimous consent. ORAL COMMUNICATIONS Councilman Yamamoto requested of staff a report regarding the possibility of putting lights on the baseball diamond at Rosita Park, and said he would pick it up from staff in a couple of days. The Mayor then requested that the entire Council receive the report. Councilman Ward suggested that presentations at Council meetings might be made in a more professional manner. ADJOURNMENT informal unanimous consent. Council adjourned at 1:45 A.M. to Thursday, June 28, 1973, at 4:00 P.M. in Room 831 of the City Hall, by Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES 236 JUNE 25, 1973