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HomeMy WebLinkAbout08-20-1973MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 20, 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, Lorin Griset, Vernon S. Evans, J. Ogden Markel, James E. Ward, Harry K. Yamamoto, and Mayor Jerry M. Patterson. Also present were Assistant City Manager Thomas J. Andrusky, City Attorney James A. Withers, Director of Planning Charles C. Zimmerman, Director of Public Works Ronald Wolford, and Assistant Clerk of the Council Dayle Munt. MINUTES on motion of Councilman Yamamoto, Evans, and unanimously carried, The Minutes of the Regular Meeting of August 6, 1973 were approved as submitted, seconded by Councilman HOUSING AUTHORITY At 2:10 P.M., Council recessed to convene the Housing Authority. The meeting reconvened at 2:15 P.M. with all Councilmen present. APPOINTMENTS TO The Mayor announced that BOARDS AND COYkMISSIONS Council had considered appointments to Boards and Commissions in an Executive Session preceding the meeting. On motion of Councilman Ward, seconded by Councilman Griset, and unanimously carried, Jeanette Bean, 923 Sharon Road, was appointed to the Bowers Memorial Museum Board. (CA 85.2) On motion of Councilman Griset, seconded by Councilman Yamamoto, and unanimously carried, Tony Dabbs, 1013 Corrigan Avenue; Lillie King, 2001 South Forest Street; and Jack L. McFarland, 1200 East Fairhaven; were appointed to the Human Relations Commission. (CA 131.2) On motion of Councilman Yamamoto, seconded by Councilman Ward, and unanimously carried, Barbara Gaughran, 2307 North Olive Lane, was appointed to the Board of Recreation and Parks. The appoint- ment was contingent upon her resignation from the Personnel Board. (CA 52.2) Irene Phillips, 1146 S. Shawnee, and Alan Fleishman, 3825 South Sycamore, were appointed to the Personnel Board to fill the unexpired terms of Barbara Gaughran and Joseph Holley, respec- tively, on motion of Councilman Yamamoto, seconded by Council- man Ward. (CA 50.8) On motion of Councilman Ward, seconded by Councilman Evans, and unanimously carried, Ernesto Iriarte, 212 N. Van Ness; and Lewis Whitehead, 1422 West Raymar; were appointed to the Project Area Committee. (CA 82.3) CITY COUNCIL MINUTES 302 AUGUST 20, 1973 Wilfred Obarr was reappointed to the Mosquito Abatement District, Howard Crooke to the Metropolitan Water District, and Courtney Chandler to the Orange County Water District, each for a term of one year, expiring on June 30, 1974, on motion of Councilman Yamamoto, seconded by Councilman Garthe, and unanimously carried. The Mayor stated that the vacancy in the Community Redevelopment Commission would be discussed during Executive Session at the September 4, 1975 meeting. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Item 10 F, requested by the applicant (Sadakane); Items 1 A, 3 A, 3 B, 9, 10 C, 10 E, and 10 G, requested by Councilman Markel; and Item 10 A requested by Councilman Ward. On motion of Councilman Yamamoto, seconded by Councilman Griset, and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: BID CALLS for bids on the following: Approved plans and specifications, and authorized advertisement PROJECT 8008 - Construct sanitary sewer in Grand Avenue from Santa Clara Avenue to Grovemont Street; and PROJECT 8009 - Construct sanitary sewer in Fairview Street from Warner Avenue to St. Gertrude Place. Opening date September 24, 1973, 2:00 P.M. (CA 89) BID AWARDS most responsible bidder: Awarded contract as follows on the basis of lowest, best and PROJECT 6075 - Reconstruction of East Bowling Green at Santiago Park; awarded to Vista Landscape Co., Manhattan Beach. (CA 89) AGREEMENTS agreement: Approved and authorized the Mayor and Clerk to execute the following WATER MAIN CROSSING - Agreement between the City and Southern Pacific Transportation Company, providing for installation of a water main under tracks in Segerstrom Avenue east of Harbor Boulevard. (A-73-50) TRAFFIC removed or inclusive. installed July 31 (CA 18.3a) Received and ordered filed report of control devices through August 7, 1973, CITY COUNCIL MINUTES 303 AUGUST 20, 1973 CONSENT CALENDAR - Continued ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Application: Received and ordered filed the following Alcoholic Beverage JIMINEZ, Ricardo R., 116 East Fourth Street, On Sale General, Premise to Premise Transfer (Bona Fide Public Eating Place). (CA 146) SOLICITATION APPLICATIONS Approved the following solicitation application: LEUKEMIA SOCIETY OF AMERICA, INC., TRI-COUNTY CHAPTER, door-to-door solicitation, to support the National research program and to maintain the local patient-aid and education program; September 1, 1973 to September 15, 1973, inclusive. (CA 91) TENTATIVE PARCEL/ TRACT MAPS Director's report, Approved the maps subject contained in and waived the alley requirement on TENTATIVE PARCEL MAP 826 Filed by Rodeffer Investments, creating two LM parcels to be used for industrial uses; located generally on the northwest corner of Daimler Street and Garry Avenue. (CA 25) TENTATIVE PARCEL MAP 828 Piled by Irvine Industrial Complex, creating two LM parcels to be used for industrial uses (existing building is a warehouse); located generally south of the intersection of Dyer Road and Pullman Street. (CA 25) CHANGE ORDERS Approved the following Change Orders: following to conditions the Planning each: PROJECT 1276 B Potato Bin Reconstruction; increasing in the amount of $4,162.00; Change Order No. 1. (CA 89) PROJECT 7027 Bowers Museum Addition; increasing in the amount of $904.31; Change Order No. 2. (CA 89) ~ * * * * ~ ~ * CONSENT CALENDAR FINIS * ~ * * * * ~ * BID CALL SPEC. 73-021 POWER RESCUE TOOL Council approved plans advertisement for bids On motion of Councilman Griset, seconded by Councilman Yamamoto, and unanimously carried, and specifications and authorized on the following: SPEC. 73-021 Power rescue Tool; opening date September 18, 1973, 2:00 P.M. (CA 89) CITY COUNCIL MINUTES 304 AUGUST 20, 1973 AGREEMENT On Motion of Councilman ARCHITECTURAL SERVICES Evans, seconded by POLICE FACILITIES BUILDING Councilman Yamamoto, and unanimously carried, Council approved the following agreement and authorized its execution by the Mayor and Clerk: ARCHITECTURAL SERVICES - Agreement between the City and Jack A. Bassler, Architect and Associates, for services in connection with modifications to Police Facilities Building (Project 8033). (A- 73- 48) AGREEMENT On motion of Councilman INTRUSION FIRE Evans, seconded by Councilman Ward, and unanimously carried, Council approved the following agreement and authorized its execution by the Mayor and Clerk: INTRUSION FIRE ALARM SYSTEM - Agreement between the City and the Santa Ana Unified School District. (CA-73-49) DEEDS, NO CASH On motion of Councilman GRANTEE, CITY Evans, seconded by Councilman Ward, and carried, with Councilman Markel voting NO, Council received and filed the report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from August 2, 1973 through August 15, 1973, inclusive. (CA 155) TENTATIVE PARCEL MAP On motion of Councilman NO. 824 REVISED Evans, seconded by Mayor PAUL D. WILLIAMSON Patterson, Council approved Tentative Parcel Map 824 Revised, filed by Paul D. Williamson, creating five R 2 parcels; proposed parcels 1 and 3 to be used for existing single family residences and parcels 2, 4 and 5 proposed for duplexes; located generally on the northeast corner of Gunther and Camile Streets, subject to the conditions contained in the Planning Director's Report, on the following vote: AYES: Evans, Patterson, Griset, Markel NOES: Ward, Yamamoto, Garthe ABSENT: None The consensus of the dissenting Councilmen was that the existing building on Parcel 3 should be brought up to Code prior to approval. (CA 25) TENTATIVE PARCEL On motion of Councilman MAP 827 Evans, seconded by SANAMETRICS PROPERTIES Councilman Ward, and unanimously carried, Council approved Tentative Parcel Map 827 filed by Sanametrics Properties, creating two M 1 parcels to be used for industrial uses; located generally southwest of the intersection of Pendleton Avenue and Susan Street, subject to conditions contained in the Planning Director's Report, and waived the alley requirement. (CA 2S) CITY COUNCIL MINUTES 305 AUGUST 20, 1973 TENTATIVE PARCEL On motion of Councilman MAP 829 Evans, seconded by DONALD W. SHAW Councilman Ward, and unanimously carried, Council approved Tentative Parcel Map 829, filed by Donald W. Shaw, creating nine M 1 parcels to be used for industrial uses; located generally 220 feet west of Halladay Street on the south side of Alton Avenue, subject to conditions contained in the Planning Director's Report, and waived the alley require- ment. (CA 25) TENTATIVE PARCEL Council continued the MAP 830 consideration of NEISHI AND SADAKANE Tentative Parcel Map 830, filed by Neishi and Sadakane, creating two R 1 parcels, to be used for residential uses; located generally on the south side of Hazard Avenue, 580 feet west of Euclid Street, to September 4, 1973, on motion of Councilman Yamamoto, seconded by Councilman Evans, and unanimously carried. Prior to the vote, Keith C. Wellput, Attorney at Law, 615 Civic Center Drive West, representing Mr. and Mrs. Sadakane, concurred in the continuance to allow his clients the oppor- tunity to attempt a modification of conditions deleting the requirement for street improvements. He stated that the Map was filed to adjust a boundary between two existing R 1 lots; that no new parcels would be created; that there was no new development or construction proposed. (CA 25) TENTATIVE TRACT MAP On motion of Councilman NO. 8415 Garthe, seconded by WARMINGTON DEVELOPMENT Councilman Griset, and unanimously carried, Council approved Tentative Tract Map 8415, filed by Warmington Development Inc., creating one R 4 lot to be used for air space condominiums (VA 73-37); located generally on the south- west corner of Tustin Avenue and Fairhaven Avenue, subject to the conditions contained in the Planning Director's Report, and waived the alley requirement. (CA 24) AGENDA ORDER Calendar AYES: NOES: ABSENT: item 13 A, The motion of Councilman Markel, seconded by Councilman Yamamoto, to reconsider Consent failed to carry on the following vote: Markel, Yamamoto, Garthe Griset, Ward, Evans, Patterson None READING WAIVED On motion of Councilman Evans, seconded by Councilman Griset, and unanimously carried, Council waived full reading of all ordinances and resolutions, the titles of which appeared on the public agenda. CITY COUNCIL MINUTES 306 AUGUST 20, 1973 ORD. NS-1180 AN ORDINANCE OF THE CITY AMENDING MUNICIPAL CODE COUNCIL OF THE CITY OF VEHICLES FOR HIRE SANTA ANA REPEALING CHAPTER 38 OF THE SANTA ANA MUNICIPAL CODE AND ENACTING A NEW CHAPTER 38, ENTITLED "VEHICLES FOR HIRE", REQUIRING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF SUCH VEHICLES, DESCRIBING RULES AND STANDARDS FOR OPERATION AND CONTROLS OF SUCH VEHICLES, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH ORDINANCE, was adopted on motion of Councilman Griset, seconded by Councilman Evans, and carried on the following vote: AYES: Griset, Evans, Ward, Patterson, Yamamoto, Garthe, Markel NOES: None ABSENT: None Prior to the vote, Gordon P. Wiggins, Blue-White Cab Co., suggested that Sec. 38-3, Sub=item (5) be combined with Sub-item (17); that the words "serial and engine numbers" be changed to "I.D. numbers"; and that the requirement in Sub-item (2) for a "certified public accountant" be changed to "public accountant". On motion of Councilman Garthe, seconded by Councilman Ward, and unanimously carried, Council referred Mr. Wiggins' suggestions to the City Attorney for consideration. (CA 26; CA 74) ORD. NS-1184 EMERGENCY ORDINANCE AMENDING MUNICIPAL CODE VEHICLES FOR HIRE CODE AND ENACTING A NEW CHAPTER 38, AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING CHAPTER 38 OF THE SANTA ANA MUNICIPAL ENTITLED "VEHICLES FOR HIRE" REQUIRING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF SUCH VEHICLES, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH ORDINANCE, was adopted on motion of Councilman Griset, seconded by Councilman Evans, and carried on the following vote: AYES: Griset, Evans, Ward, Patterson, Yamamoto, Garthe, Markel NOES: None ABSENT: None (CA 26; CA 74) ORD. NS-1183 AN ORDINANCE OF THE AMENDING MUNICIPAL CODE CITY COUNCIL OF THE CITY WILD ANIMALS OF SANTA ANA AMENDING SECTION 5-7 OF THE SANTA ANA MUNICIPAL CODE (Wild Animals), was adopted on motion of Councilman Evans, seconded by Councilman Markel, and carried on the following vote: AYES: Evans, Markel, Griset, Ward, Patterson, Yamamoto, Garthe NOES: None ABSENT: None (CA 95; CA 74) CITY COUNCIL MINUTES 307 AUGUST 20, 1973 ORD. NS-1181 AN ORDINANCE OF THE AMENDMENT APPLICATION 721 CITY COUNCIL OF SANTA FIRST WESTERN BANK ANA APPROVING AMENDMENT APPLICATION #721 FILED BY THE FIRST WESTERN BANK AND TRUST COMPANY TO REZONE PROPERTY LOCATED BETWEEN SANTA CLARA AND CATALINA AVENUES, FROM THE A 1 DISTRICT TO THE C 5, R 2-PRD AND R 1-PRD DISTRICTS, AND AMENDING SECTIONAL DISTRICT MAP 4-5-9 (EXHIBIT A.A. 721-B), was adopted on motion of Councilman Evans, seconded by Councilman Griset, and carried on the following vote: AYES: Evans, Griset, Ward, Patterson, Yamamoto, Garthe, Markel NOES: None ABSENT: None (CA 10) ORD. NS-1182 AN ORDINANCE OF THE AMENDMENT APPLICATION 722 CITY COUNCIL OF THE CITY HELENE YUNG OF SANTA ANA APPROVING AMENDMENT APPLICATION #722 FILED BY HELENE YUNG TO PREZONE PROPERTY LOCATED IN PRESENTLY UNINCORPORATED TERRITORY ON THE NORTH SIDE OF SANTA CLARA AVENUE AND THE EAST SIDE OF OLD GRAND STREET (EXCLUDING THE FIRE STATION SITE) FROM THE A 1 DISTRICT (IN ORANGE COUNTY) TO THE R 1 DISTRICT (IN THE CITY OF SANTA ANA) AND AMENDING SECTIONAL DISTRICT MAP 5-5-9 (EXHIBIT A.A. 722-A), was adopted on motion of Councilman Evans, seconded by Councilman Garthe, on the following vote: AYES: Evans, Garthe, Griset, Ward, Patterson, Yamamoto, Markel NOES: None ABSENT: None (CA 10) ORD. NS-1176 Following discussion of PROPERTY MAINTENANCE proposed ORD. NS-1176, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING AN ARTICLE IV TO CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE MAINTENANCE OF PROPERTY, Council directed staff to transmit the proposed ordinance to various community organizations for their study and reaction, and to bring back to Council the community consensus at its regular meeting on October 15, 1973, on motion of Councilman Griset, seconded by Councilman Evans, and carried unanimously. The community organizations suggested by Council included, but were not limited to, the Chamber of Commerce, City Center Association, and the South Main Improvement Association. Council consensus was that all interested groups or individuals should be given an opportunity to study the proposed ordinance. (CA 87) RECESS Councilmen present. At 3:35 P.M. the Mayor declared a recess. The meeting reconvened at 3:50 P.M. with all CITY COUNCIL MINUTES 308 AUGUST 20, 1973 AYES: NOES: None RES. 73-95 A RESOLUTION OF THE CITY VARIANCE APPLICATION 73-26 COUNCIL OF THE CITY OF ORANGE VILLA BIBLE CHURCH SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND GRANTING VARIANCE APPLICATION NO. 73-26 FILED BY ORANGE VILLA BIBLE CHURCH, was adopted on motion of Council- man Griset, seconded by Councilman Ward, and carried on the following vote: Griset, Ward, Evans, Patterson, Yamamoto, Garthe Markel ABSENT: None (CA 13) RES. 73-96 A RESOLUTION OF THE CITY VARIANCE APPLICATION 73-32 COUNCIL OF THE CITY OF (~ ~MAURINE T. SUTTON SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND GRANTING VARIANCE APPLICATION NO. 73-32 FILED BY MAURINE T. SUTTON was adopted on motion of Councilman Griset, seconded by Councilman Garthe, and carried on the following vote: AYES: Griset, Garthe, Ward, Patterson, Markel NOES: Evans, Yamamoto ABSENT: None Prior to the vote, Maurine T. Sutton, 2211 East First Street, the variance applicant, spoke in opposition to the three year time limit, and requested that Council approve the application for a five year period. An amended motion by Councilman Garthe, seconded by Councilman Markel, to approve Variance Application 73-32, for a five year period, and amend Resolution 73-96 accordingly, failed to carry on the following vote: AYES: Garthe, Markel, Griset NOES: Ward, Evans, Patterson, Yamamoto ABSENT: None (CA 13) RES. 73-97 ADOPTING CERTAIN REVISED CLASSIFICATION CLASSIFICATION SPECIFICA- SPECIFICATIONS TIONS (Account Clerk I, Account Clerk II, Community Relations Assistant, and Storekeeper), was adopted on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Patterson, Yamamoto, Garthe, Markel NOES: Evans ABSENT: None (CA 50.1) CITY COUNCIL MINUTES 309 AUGUST 20, 1973 RES. 73-99 AMENDING SECTION 3 OF REPROGRAPHIC RESOLUTION NO. 58-281 SERVICES LEADMAN TO DELETE CLASS TITLE OF DUPLICATING MACHINE OPERATOR AND ADD CLASS TITLE OF REPROGRAPHIC SERVICES LEADMAN, was adopted on motion of Councilman Griset, seconded by Council- man Evans, and carried on the following vote: AYES: Griset, Evans, Ward, Patterson, Yamamoto, Garthe NOES: Markel ABSENT: None (CA 50.1) RES. 73-100 A RESOLUTION OF THE CITY MINOR EXCEPTION 73-17 COUNCIL OF THE CITY OF APPEAL NO. 322 SANTA ANA OVERRULING THE DECISION OF THE ZONING ADMINISTRATOR AND GRANTING APPEAL #322 AND APPROVING MINOR EXCEPTION 73-17 AND ADDENDUM, was adopted on motion of Council- man Griset, seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Evans, Yamamoto, Garthe, Markel NOES: Patterson ABSENT: None (CA 13.2) RESIGNATION PROJECT AREA COMMITTEE ROBERT F. WALDRON in his letter dated August motion of Councilman Evans, unanimously carried. The resignation of Robert F. Waldron from the Project Area Committee contained 2, 1973, was accepted with regret seconded by Councilman Ward, and (CA 82.3) on DRILL TRACK The letter dated August 7, ACROSS PROPOSED 1973, from Southern Paci- YALE STREET fic Transportation Company submitting an application to construct a drill track at grade across proposed Yale Street, was referred to staff, on the unanimously carried motion of Councilman Griset, Seconded by Councilman Evans. Council informally agreed that in staff's communications with the Southern Pacific Transportation Company relating to the application, it be pointed out that the City was anxious for the completion of improvements at the Bristol Street at Alton crossing. (CA 29.12) RESIGNATION The resignation of PERSONNEL BOARD Joseph J. Holley from JOSEPH J. HOLLEY the Personnel Board contained in his letter dated August 1, 1973, was accepted with regret, on motion of Councilman Ward, seconded by Councilman Evans, and unanimously carried. (CA 50.8) AGENDA ORDER By informal unanimous consent, Council agreed to continue Agenda item 55 (Newsletter Alternate CITY COUNCIL MINUTES 310 AUGUST 20, 1973 Proposal) to the evening meeting, and next consider Agenda item 56. CENTENNIAL PARK Council considered the RECLASSIFICATION TO report of the City REGIONAL FACILITY Manager dated August 13, 1973, relating to the reclassification of Centennial Park to a County Regional Facility. The motion of Councilman Griset, seconded by Councilman Garthe, to 1) Approve in principle the concept of reclassification and designation of City operated Centennial Park to county-wide regional park facility and direct the Clerk to transmit motion to County Board of Supervisors and all affected agencies for their information; and 2) Direct staff to continue to explore joint powers agreements and other potential solutions for the remaining operational and control problems in maintenance and operation of park facility; carried with Councilmen Markel and Evans dissenting. Tho consensus of the Councilmen voting in favor of the motion was that reclassification would put the City in a bettor position to receive County revenue sharing funds; that it would not divest the City of the park, but would open the door to its early development; that the size of the park (66 plus acres) was regional in scope. Those opposed argued that it was not known how the County would propose to utilize the park; and that the City should retain complete control of the park. (CA 52) CIVIC CENTER The report of the City PARKING REVENUES Manager dated August 13, AND EXPENSES 1973, regarding Civic Center Parking Revenues and Maintenance Expenses for fiscal year 1972-73, was received and filed on motion of Councilman Evans, seconded by Councilman Griset, and unanimously carried. Councilman Ward's motion to direct staff to consider the installation of parking meters in the CD zone on public streets was seconded by Councilman Griset, and unanimously carried. (CA 77.5) AGENDA ORDER Councilman Griset's motion to consider Agenda item 61 next in order to accommodate persons in the audience was seconded by Councilman Evans, and carried, with Mayor Patterson and Councilman Yamamoto dissenting. THORNTON PARK SITE Council considered the report of the Assistant to the City Manager dated August 14, 1973, relating to the presentation which had been made to the Planning Commission on August 13, 1973, regarding the exchange of a portion of Thornton Park Site for a park site in Tract 8203. Also taken into consideration were a letter from the Planning Commission dated August 14, 1973, a report from the City Attorney dated August 14, 1973, City Attorney's Opinion No. 73-51 dated August 10, 1973, and a report from the City Attorney dated July 25, 1973. CITY COUNCIL MINUTES 311 AUGUST 20, 1973 After discussion, Councilman Evans' motion to proceed with the development of the entire 32 acres of the Carl Thornton Park site, was seconded by Councilman Markel, and carried on the following vote: AYES: Evans, Markel, Griset, Yamamoto, Garthe NOES: Ward, Patterson ABSENT: None Prior to the motion, the following persons spoke in favor of the action taken: David L. Brandt, 2422 S. Rita Way Lee Mayer, 2718 S. Rita Way Lloyd Clinkenbeard, 2910 S. Rene Drive Elvin Norby, 1921 W. Hall Mrs. Elvin Norby, 1921 W. Hall The proponents stated that no part of the site should be exchanged in that there was little remaining open space in the City; that the land had appreciated in value since its purchase; that the site was ideal for a park and unsuitable for building due to the soil condition; and that the larger park would be of benefit to all residents in the area. Peter M. Oches, Executive Vice President of the William Lyon Company, the applicant for Tentative Tract Map 8203 (Revised), stated that his company had entered into negotiations for the proposed exchange at the request of the City Council, and that the William Lyon Company was neutral as to the final decision on the exchange. During the Council discussion preceding the vote, the dissenting Councilmen concurred that park fees would not pay for develop- ment of the existing park sites, and that smaller, fully developed neighborhood parks would be of more benefit to the City than large undeveloped parks. (CA 52) AGENDA ORDER The Mayor announced that due to lack of time, Agenda item 58 (Oral presentations on Chino Hills Airport) would have to be taken during the evening meeting, but that it would be considered as early as possible. He then announced that there would be a short time available for a brief oral presentation regarding the Orange County Transit District. ORANGE COUNTY TRANSIT Dr. G. J. (Pete) Fielding, DISTRICT General Manager, Orange County Transit District, gave a brief presentation regarding the District's Alternative Transit Corridor Study. Dr. Fielding presented to Council a map containing the prelimin- ary study corridors (Hypothesis Plan dated May 14, 1973). (CA 84) RECESS Councilmen present. At 6:00 P.M., the meeting was recessed to 7:30 P.M. At 7:40 P.M., the meeting was reconvened with all CITY COUNCIL MINUTES 312 AUGUST 20, 1973 PLEDGE OF ALLEGIANCE Ana Police Department. (CA 9.10) The Pledge of Allegiance was conducted by members of Explorer Post #238, sponsored by the Santa INVOCATION The invocation was given by Major Tom Cisar, Salvation Army. (CA 80.17) COMMUNITY SPOTLIGHT BOWERS MEMORIAL MUSEUM BOARD The Mayor acknowledged the Bowers Memorial Museum Board, who had been invited to give a presentation. The following persons spoke briefly: Chairman of the Museum Foundation Board John Hilsabeck, Chairman of the Board of Trustees George Hale, Chairman of the Educational Committee of the Founda- tion Mrs. Richard Newquist, and Museum Director Reilly P. Rhodes. Dr. Hilsabeck introduced members of the Museum Board Kathleen Howard, James Faulkner and Ross Crane. Mr. Rhodes stated that he was happy to be with the City in his new capacity as Museum Director, and presented an ivory carving from China which had been given to the Museum in 1972 by the late A. W. Rutan, a prominent Santa Ana Attorney. (CA 9.3) SPECIAL PRESENTATION The Mayor and Councilman GIFTS FROM JAPAN Yamamoto presented to Dick Adams, representing the Boy Scouts of Santa Ana, a number of gifts from Japan, which the Mayor had received that morning during a welcoming ceremony for a group of visitors from Japan. The gifts were from the Lions International, Kohoriyama, Japan. (CA 80.19) SWEARING IN CEREMONY Council: Jeanette Bean, appointed to the The following members of boards and commissions were sworn in by the Assistant Clerk of the Bowers Memorial Museum Board; Tony Dabbs, appointed to the Human Relations Commission; Jack L. McFarland, appointed to the Human Relations Commission; Ernesto Iriarte, appointed to the Project Area Committee. SPECIAL PRESENTATION The following former members RECOGNITION OF of boards and commissions COMMUNITY SERVICE were presented with a Certificate of Appreciation for their outstanding service to the community: Don Christeson, for service as a member of the Board of Recreation and Parks and the Community Redevelopment Commission; CITY COUNCIL MINUTES 313 AUGUST 20, 1973 Rae Arroyo, for service as a member of the Human Relations Commission; Warren Schmidt, for service as a member of the Personnel Board; Frank Gelinas, for service as a member of the Bowers Memorial Museum Board; and Joyce Green, for service as a member of the Board of Recreation and Parks. (CA 50.13) PUBLIC HEARING The Mayor opened the public C & S TOURS, INC. hearing on the application DBA "QUICK CAB CO." for Certificate of Public Convenience and Necessity filed by C & S Tours, Inc., dba Quick Cab Co., 202 West Third Street, to operate 12 taxicabs in the City of Santa Ana. The Clerk reported there were no written communications. The City Attorney recommended that the public hearing be continued to September 17, 1973, so that the application could be considered by a Hearing Officer pursuant to Ordinance NS-1184 (Agenda item 26) which had been adopted by Council in the afternoon. Gordon P. Wiggins, Blue-White Cab Co., 1001 North Logan, stated that he would like the record to show that inasmuch as his application for a Certificate of Public Convenience and Necessity had been filed with the Clerk of the Council prior to that of C & S Tours, Inc., that the Hearing Officer should consider his application before that of C & S Tours, Inc. The City Attorney stated that Mr. Wiggins should inform the Clerk and the Hearing Officer of this request, and Mr. Wiggins stated that he would so notify the Clerk. Melvin Cohen, Attorney at Law, 401 Civic Center Drive, represent- ing C & S Tours, Inc., stated that he was opposed to the proposed continuance in that he had obtained a stay of a preliminary injunction for his client that would expire on August 22, 1973, and that the continuance necessitated his going before the Court to apply for a further stay. The Mayor assured Mr. Cohen that the Clerk would set a hearing on his client's application for the earliest possible date. There were no other proponents or opponents, and the Mayor closed the public hearing. Councilman Griset's motion to continue the public hearing to September 17, 1973, was seconded by Councilman Ward, and unanimously carried. (CA 26.5) PUBLIC HEARING The Mayor opened the public GORDON P. WIGGINS hearing on the Application DBA BLUE-WHITE CAB CO. for Public Convenience and Necessity filed by Gordon P. Wiggins, dba Blue-White Cab Co., 1001 North Logan, to operate 20 additional taxicabs in the City of Santa Aha. The Clerk reported there were no written communications. CITY COUNCIL MINUTES 314 AUGUST 20~ 1973 There were no proponents or opponents in the matter, and Council informally agreed to incorporate the testimony of the preceding public hearing on the application of C & S Tours, Inc. into the public hearing on the application of Gordon P. Wiggins. The Mayor closed the public hearing. Councilman Griset's September 17, 1973, unanimously carried. motion to continue the public hearing to was seconded by Councilman Yamamoto, and (CA 26.7) PUBLIC HEARING The Mayor opened the APPEAL # 321 public hearing on Appeal ALLAN FAINBARG #321 filed by Allan Fainbarg appealing Condition 6A (4) of the Planning Commission's Findings of Fact dated June 26, 1973, relating to approval of Variance Application 73-31. The Clerk reported that a letter had been received from the appellant dated August 20, 1973, requesting a continuance of the public hearing to September 4, 1973. The City Attorney stated that an agreement between the appellant and the City was in the process of being executed, and that once it had been executed, it would be his recommendation that the matter be removed from the Agenda of September 4, 1973. There were no proponents or opponents, and the Mayor closed the public hearing. Councilman Griset's motion to continue the public hearing to September 4, 1973, was seconded by Councilman Evans, and unanimously carried. (CA 13.3) NEWSLETTER Council considered the ALTERNATE PROPOSAL reports of the Assistant City Manager dated August 13, 1973, and July 10, 1973, relating to a proposal by the Orange City News, Central County Gazette, to publish "The Santa Aha Newsletter", twelve times a year, for a total cost of $40,320.00. Councilman Griset's motion, seconded by Councilman Ward, to accept the proposal for a trial period of six months, with the conditions that the Newsletter would be a separate publication from the Central County Gazette, and that it would be a different color, and that the bi-lingual approach be adopted, carried on the following vote: AYES: Griset, Ward, Patterson, Yamamoto, Markel NOES: Evans, Garthe ABSENT: None Prior to the motion, Richard Weatherington, Publisher of the Orange City News, Central County Gazette, spoke in support of his proposal. James Miranda, 2202 South Forest, requested Council to postpone its action until he had the opportunity of presenting to Council an all Spanish newspaper that he was recommending. CITY COUNCIL MINUTES 315 AUGUST 20, 1973 Joe Gilmaker, Chairman of the Property Rights Association of Santa Aha, stated that he was opposed to the City publishing or spending money on the publication of a newsletter; that he believed that the local newspapers should be allowed to report the news as they saw it, and there was no need for a City newsletter. (CA 152.4) CHINO HILLS AIRPORT Council considered the report of the Assistant to the City Manager dated August 20, 1973, relating to the proposed Chino Hills Airport. The report stated that the matter would be considered at an Orange County League of Cali- fornia Cities meeting on September 13, 1973, and it was recom- mended that Council make a determination as to whether or not it will support the airport project. An oral presentation was made in favor of the proposal by Joe Sammon, Director of Technical Projects for Chino Hills Airport Complex, Inc., 811 North Broadway, Suite 400, Santa Aha. Mr. Sammon was introduced by John Lowman, President of the corpora- tion. During Mr. Sammon's presentation, he stated that the property surrounding the proposed airport site would be protected from future residential development in that they had agreements with the majority of the property owners, most all of whom were willing to sell their land to public agencies for maintenance as open space areas. An oral presentation was made in opposition to the project by Mr. Dick Tooley, President of P.A.T.C.H. (Prevent Airport Through Chino Hills), 18222 Shuck Lane, Yorba Linda. RECESS At 9:45 P.M., a recess was declared. The meeting reconvened at 10:00 P.M. with all Councilmen present. The Mayor stated that Council would continue its consideration of the Chino Hills Airport project. CHINO HILLS AIRPORT - Continued Councilman Griset's motion, seconded by Councilman Markel, to support in principle the Chino Hills Airport providing the surrounding areas could be protected and maintained as outlined in the oral presentation of Chino Hills Airport Complex, Inc., and to instruct Mayor Patterson to so vote at the Orange County League of California Cities meeting on September 13, 1973; carried on the following vote: AYES: Griset, Markel, Yamamoto, Garthe NOES: Ward, Evans, Patterson ABSENT: None (CA 98) CITY COUNCIL MINUTES 316 AUGUST 20, 1973 LAW CLERK'S POSITION Council considered the RES. 73-101 report of the City Attorney dated August 16, 1973, recommending that the full time position of Law Clerk be established, and that a resolution be adopted establishing salary range 268 for the position. Councilman Yamamoto's motion to read the proposed Resolution 73-101 by title only, was seconded by Councilman Griset, and unanimously carried. RESOLUTION NO. 73-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58~281 ESTABLISHING A SALARY RANGE FOR THE POSITION OF LAW CLERK was adopted on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried with Councilman Evans dissenting. (CA 50.1) SERVICE STATION STUDY Council considered the AND ORDINANCE report of the Planning Director dated August 15, 1973 relating to a service station study; Planning Department Special Study No. 43 dated July, 1973; and a report from the Office of the City Attorney dated August 15, 1973, attaching a proposed draft ordinance relating to service stations. On motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried, the proposed draft ordinance was referred to the Planning Commission for study and recommendations. (CA 78) UNLAWFUL EXPOSURE ORDINANCE Council received and filed the Status Report on Topless-Bottomless Ordinance and Cases from the Office of the City Attorney, dated August 14, 1973, on motion of Councilman Yamamoto, seconded by Councilman Evans, and unanimously carried. (CA 149) NEWSPAPERS ON PUBLIC Council received and filed RIGHT-OF-WAY the Status Report on City Ordinance NS-1175, Pertaining to the Sale of Newspapers on the Public Right-of-Way, from the Office of the City Attorney, dated August 10, 1973, on motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried. (CA 1S3) ENFORCEMENT OF After considering the CONSUMER PROTECTION LAWS report of the Office of the City Attorney dated August 8, 1973, relating to city participation in enforcement of consumer protection laws, Council referred the matter back to the City Attorney for additional study, on motion of Councilman Evans, seconded by Councilman Markel, and unanimously carried. (CA 65.6a) CITY COUNCIL MINUTES 317 AUGUST 20, 1973 TOPICS PROJECT T-3041 (147) After considering the report of the Director of Public Works dated August 15, 1973, relating to Topics Project T-3041 (147), consisting of the addition of several intersections to the interconnect system in the downtown area~ Council approved the extension of the bid opening date to August 25, 1975, at 2:00 P.M., on motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried. (CA 89) WALL/FENCE/BARRIER The progress report of the TREATMENT Planning Director dated August 14, 1973, relating to Wall/Fence/Barrier Treatment Adjacent to Major Arterials, was referred to the Plan- ning Commission for further consideration, on motion of Council- man Garthe, seconded by Councilman Evans, and unanimously carried. Prior to the motion, slides showing examples of the various treatments were presented by staff. (CA 78) BIKEWAY PLAN The progress report of the Planning Director dated August 14, 1973, relating to the Bikeway Plan as an Element to the General Plan, was received and filed, and Council requested staff for an additional report within one month by informal unanimous consent. (CA 18.6; CA 78.3) ORAL COMMUNICATION PROPERTY RIGHTS ASSOCIATION OF SANTA ANA Council a Resolution dated August 20, to the Assistant Clerk. (CA 152.4; CA Joe Gilmaker, Chairman of Property Rights Association of Santa Ana, 308 West Fourth Street, read to 1973, and presented it 82A) ORAL COMMUNICATION Loren Norton, 1932 Griset LOREN NORTON Street, inquired of Council as to the rationale of authorizing the hiring of a Public Information Officer at the previous Council meeting, and asked if the action was an indication that the newspapers were not doing their job. The Mayor explained that Council had taken the position that a newsletter was needed in order to disseminate city information to its citizens, and communicate the city's message to the public, and that the Public Information Officer position had been authorized as part of the newsletter program; that he did not want to comment on whether or not the newspapers were doing their job, but did know that he had read many newspaper accounts of Council meetings and had found them much different than what his recollection of the particular meeting had been; that sometimes items considered newsworthy by the City were not so considered by the newspapers, resulting in a lack of communica- tion to the citizens. (CA 152.4; CA 50.1) Mr. Norton also inquired as to the legality of taxpayers' funds being used by Redevelopment Agencies. The City Attorney stated that it was legal under provisions of the Health and Safety Code of the State of California. (CA 82A) CITY COUNCIL MINUTES 318 AUGUST 20, 1973 BOWERS MEMORIAL MUSEUM The request of the Museum Director to offer a no-host bar at an invitational reception to be held at the Museum on September 9, 1973, from 5:00 P.M. to 7:00 P.M., was approved on motion of Councilman Ward, seconded by Councilman Markel, and carried with Councilman Griset dissenting. (CA 85) PARK SIThS The Mayor stated that the action taken by Council that afternoon to proceed with the development of the entire 32 acres of the Carl Thornton Park site necessitated some decision by Council as to the acquisition of a park site within the Lyon Development (Tract 8203). After discussion, Councilman Griset's motion, seconded by Councilman Markel, to direct staff to pursue methods of acquisition of a park site within Tract 8203, including a study by staff as to financial feasibility and density of park acreage throughout the city with relation to Tract 8203; carried, with Councilman Ward dissenting. The motion was further clarified to include direction to staff to provide Council with a report on the location and size of all parks within the City. (CA 52) ADJOURNMENT Yamamoto, and unanimously carried. The meeting was adjourned at 11:20 P.M. on motion of Councilman Markel, seconded by Councilman Dayle ~fnt Assistant Clerk of the Council CITY COUNCIL MINUTES 319 AUGUST 20, 1973 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 20, 1973 The Special Meeting of the City Council was convened by the Vice Mayor Vernon S. Evans at 1:00 P.M., in Room 147, Council Chambers, 22 Civic cCenter Plaza. Evidence of proper Notice and Posting were on file in the office of the Clerk of the Council. The following Councilmen responded to the roll call: J. Ogden Markel, John Garthe, Harry K. Yamamoto, James E. Ward, Lorin Griset, and Vice Mayor Vernon S. Evans. Mayor Jerry M. Patterson arrived at 1:05 P.M. The following members of staff were present: Assistant City Manager Thomas J. Andrusky and City Attorney James A. Withers. EXECUTIVE SESSION appointments and Hearing Officer Council recessed for an Executive Session at 1:02 P.M., to consider board and commission Candidates. RECONVENE ADJOURNMENT Council reconvened at 1:55 P.M., and immediately adjourned by informal unanimous consent. Dayle Mu~ Assistant~Clerk of the Council CITY COUNCIL MINUTES 320 AUGUST 20, 1973