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HomeMy WebLinkAbout11-19-1973MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 19, 1973 A Special Meeting of the City Council of the City of Santa Ana was convened at 12:25 P.M., by Mayor Jerry M. Patterson, in Room 831 of City Hall, 20 Civic Center Plaza, proper Notice and Posting having been accomplished, with affidavits on file in the office of the Clerk of the Council. The following Councilmen were present: John Garthe, James E. Ward, Harry K. Yamamoto, and Mayor Jerry M. Patterson. Councilman Lorin Griset arrived at 12:35 P.M. and Vice Mayor Vernon S. Evans arrived at 12:45 P.M. Councilman J. Ogden Markel was absent. The following members of staff were also present: City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Planning Charles C. Zimmerman, Assistant City Manager Thomas J. Andrusky, Assistant Director of Public Works John Stevens, Assistant to the City Manager G. David Tayco, and Clerk of the Council Florence I. Malone. The Director of Public Works arrived at 12:55 P.M. Sherman Williams, Reporter for The Register, was present. AGENDA ORDER It was informally agreed that Council would defer consideration of Item 1 (Environmental Impact Report presentation) until the other Councilmen arrived, and Item 2 (discussion of energy crisis) until the representatives of the utility companies arrived. SANTA ANA The Clerk distributed a SPHERE OF INFLUENCE copy of a speech proposed to be given by the Mayor to the Local Agency Forma- tion Commission (LAFC) on December 12, 1973, urging them to include the U.S. Marine Corps Air Station (H) Santa Ana in the Sphere of Influence of the City of Santa Ana, and citing the rationale for the recommendation. The Assistant to the City Manager referred to a map of the City and pointed out to Council the different islands of unincorporated territories surrounding the City and the Local Agency Formation Commission's recommendation on each. He stated that the Marine base was the only one of any significance or importance and that with regard to it the LAFC was concerned about natural boundaries and fire and police protection. Councilman Griset stated that the City of Santa Ana had a lot more to offer the future development of the helicopter station than any of the other surrounding cities. (CA 78.4) The Mayor stated that unless he heard otherwise from Council, he would present the proposed speech to the LAFC on December 12, 1973, at 2:00 P.M. in the Orange County Board of Supervisors Hearing Room, 515 North Sycamore, and that any Councilman who wished to participate in the presentation should contact him. The speech was received and filed by unanimous informal agreement. Councilman Vernon S. Evans took his place at the Council table at 12:45 P.M. CITY COUNCIL MINUTES 423 NOVEMBER 19, 1973 ENVIRONMENTAL IMPACT REPORT The Director of Planning distributed to Council and discussed at length the following documents: 1. A two-page answer to the question "What Is An Environmental Impact Report?" A report from the Planning Department dated November 15, 1973, entitled "EIR Procedures Conditional Use Permit 73-9". Attached thereto was a chart delineating the basic procedures followed by the Planning Department in proces- sing the EIR for Conditional Use Permit 73-9. Rules and Regulations of the City of Santa Ana Implementing the California Environmental Quality Act of 1970. During the presentation, the meanings of the following acronyms were given: EIR DEIR FDEIR ENRAC PED Environmental Impact Report Draft Environmental Impact Report Final Draft Environmental Impact Report Environmental Review Action Committee Preliminary Evaluation Description (form) The aforementioned documents were received and filed by unanimous informal agreement. (CA 78.5) ENERGY CRISIS The City Manager stated that he had appointed an on-going in-house task force to study methods to reduce energy use, both motor fuel and electricity, in response to the Presi- dent's call for conservation to avert a national energy crisis. He distributed to Council a list dated November 19, 1973, of conservation ideas coming from that task force for evaluation by Council. He requested Council to take action on the recommendation to support legislation for year round daylight saving time, and if not adopted regionally, to change City work hours to 7 A.M. 4 P.M.; and the recommendation to ban outdoor lighting and fountain displays such as in Civic Center and all other decorative lighting, and to consider an ordinance to ban similar displays in the private sector. The list was received and filed by unanimous informal agreement. Councilman Griset stated that more problems might be created than solved if the City were dark and the Police patrol reduced. The Mayor stated that he would like to see the matter of year- round daylight saving time go on the Council Agenda for December 10, 1973. Councilman Ward stated that he would encourage extra fees to be charged for night games in the stadium and ball parks. Lloyd Chandler, Area Manager for Santa Ana-Tustin, Southern California Edison Co., 601 Civic Center Drive West, stated that there would probably be some significant legislation coming from Sacramento within the next three months concerning conserva- CITY COUNCIL MINUTES 424 NOVEMBER 19, 1973 tion of energy; that the City was high on their priority list and would be the last agency that they would cut; that the problem was real. In response to a question regarding propane, M.W. Hutchinson, District Manager, Southern California Gas Company, 226 East Lincoln, Anaheim, stated that his company had nothing to do with propane, however, conversion of automatic engines to natural gas might be something the City would want to consider, although it would not be feasible for long runs. Councilman Evans stated that he believed the list of ideas had been well-prepared; that the City should vigorously support Item 25 dealing with the development of additional energy sources, but that all of those suggestions would have to be initiated at a much higher level of government. Councilman Griset stated that the control of stadium and ball park lighting as well as street lighting should be very low on the list of priority items. Mr. Chandler stated that he would not recommend Item 22 dealing with the utilization of high pressure sodium vapor lamps in that the cost was 55% higher. Council informally agreed with the recommendation to support legislation for year round daylight saving time, however, there was not a majority consensus on the suggestion to change City work hours to 7 A.M. 4 P.M. Councilman Ward stated that he would encourage implementation of Items 7,8,9,10, and 11, all dealing with the use of automobiles and resulting fuel consumption. Councilman Evans stated that he could not support Item 9 with regard to issuing credit cards for City cars. The Mayor summarized the informal Council consensus that they generally encouraged lessening the use of autos by employees by encouraging public transportation, bicycles, car pools, and the further consensus that Council did not want to reduce street lighting or use of traffic signals. Jim McMahon, District Commercial Manager, Pacific Telephone and Telegraph Company, 1015 North Main Street, stated that the majority of the City would have service during an energy failure because the company has an emergency battery operated system. (CA 145.5) ADJOURNMENT seconded by Councilman Griset. The meeting was adjourned at 1:55 P.M. on the unanimously approved motion of Councilman Ward, Clerk of the Council CITY COUNCIL MINUTES 425 NOVEMBER 19, 1973 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 19, 1973 The meeting was called to order at 2:12 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 City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Planning Charles C. Zimmerman, Director ~f Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. MINUTES The Minutes of the Regular Meeting of November 5, 1973 and the Adjourned Regular Meeting of Novem- ber 5, 1973 were approved as submitted, on motion of Councilman Ward, seconded by Councilman Yamamoto, and unanimously carried, subject to the following correction requested by Councilman Ward: That the paragraph on page 414 entitled "Mayor's Freeway Committee Restructuring", read as follows: "Council approved the recommended restructuring of the Mayor's Freeway Committee, set forth in the report from the Director of Public Works, dated October 31, 1973, adding a provision for the appointment of two additional members at large, on the unanimously approved motion of Councilman Ward and Councilman Garthe. The motion further instructed the City Attorney to prepare the related legal documents for presentation to Council in the near future." (CA 29.10a) AGENDA ORDER The Mayor announced that there were three items on the Agenda set for times certain, specifically, 3:30 P.M., 4:00 P.M., and 4:30 P.M., and that the Consent Calendar would be considered prior to convening the Housing Authority. CONSENT CALENDAR requested by Councilman Ward; Yamamoto; Items 3 B, 7 B, 9 B, Markel; The following Agenda items were removed from the Consent Calendar: Items 5 E, 5 H, 10 B, and 12 B Item 5 C requested by Councilman and 11 A requested by Councilman and Items 1 P and 3 A requested by the City Manager. On motion of Councilman Evans, 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 CITY COUNCIL MINUTES 426 NOVEMBER 19, 1973 CONSENT CALENDAR - Continued SPEC. 73-033 - One 3/4 Ton Truck Cab & Chassis and Animal Control Utility Body. (CA 89 A) SPEC. 73-034 - One 10,000 GVW Cab & Chassis with Stake Bed. (CA 89 A) SPEC. 73-036 Three (3) each 24,000 GVW Cab & Chassis with 5-yard dump body. (CA 89 A) SPEC 73-037 Dual Gutter Broom Motor Pickup Street Sweeper. (CA 89 A) SPEC 73-038 - One 1971 to 1973 4 door sedan. (CA 89 A) SPEC 73-039 - One 1971 to 1973 two door sedan. (CA 89 A) SPEC 73-040 - One 1971 to 1973 Van type truck. (CA 89 A) SPEC 73-041 Image System, Micro- fiche Quick Retrieval System. (CA 89 G) SPEC 73-042 - Four (4) radio operated recording system. (CA 89 G) SPEC. 73-035 - One 18,000 GVW Conven- tional Cab & Chassis and Dump Bed with Hoist. (CA 89 A) SPEC. 75-043 - Two (2) 1971 - 1973 3/4 ton pick-up trucks. (CA 89 A) PROJECT 6080 - Construct concrete sidewalk and flatwork in Sandpointe, Flower, Delhi and Prentice Parks. Windsor, (CA 89 G) PROJECT 6081 - Construct chain link fencing at Prentice, Figueroa and Santiago Parks. (CA 89 G) PROJECT 8022A - Cabrillo Tennis Center, Phase I. (CA 89 G) BID AWARDS most responsible bidder: Awarded contracts as follows on the basis of lowest, best and SPEC. 73-023 - One (1) Forms Burster; awarded to Moore Business Forms, Inc., Orange. (CA 89 G) TRAFFIC removed or installed October 31 1973, inclusive. (CA 18.3 a) Received and ordered filed report of control devices through November 14, CITY COUNCIL MINUTES 427 NOVEMBER 19, 1973 CONSENT CALENDAR - Continued ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Applications: Received and ordered filed the following Alcoholic Beverage OLIVOS, Alfonso and Lewis R., Jr., 220 East Third Street; "41" On Sale Beer & Wine (Bona Fide Public Eating Place); Original. CARVER, Laurence R. and Mary M., 1702 Newport Circle, Suite K; Beer & Wine Wholesaler; Original. PAIK, Namchul, 1237 W. McFadden; Off Sale Beer & Wine (Supplemental Application taken to replace original dated 10-26-73); Original. 3350, INC., 116 North Main Street, Off Sale General; Person to Person Transfer. GOLDEN GREEK, INC., 2513 W. Edinger Ave., On Sale General (Bona Fide Public Eating Place); Exchange "47". (CA 146) SOLICITATION APPLICATIONS Approved the following solicitation applica- tions: THE NATIONAL FOUNDATION - MARCH OF DIMES, ORANGE COUNTY CHAPTER, Mothers' March (door-to-door),coin containers, special events, mail; for basic research, patient care, public and professional education in the field of birth defects and other purposes listed on applica- tion from January 1, 1974 through January 31, 1974, inclusive. SANTA ANA BROADWAY AND SANTA ANA SPANISH SEVENTH-DAY ADVENTIST CHURCH, door-to-door with carolers and back- up music, to provide funds for the medical, educational, welfare and Christian mission work in approximately 200 countries as well as local community service programs; from November 20, 1973 to January 15, 1974, inclusive. ORANGE COUNTY VETERANS EMPLOYMENT COMMITTEE, door-to-door solicitation by volunteers, to assist veteran job seekers with incidentals, e.g., provide funds for gasoline to travel to job until first check is received; provide bus fare, etc.; from November 20, 1973 through January 19, 1974, inclusive. CITY COUNCIL MINUTES 428 NOVEMBER 19, 1973 CONSENT CALENDAR - Continued ORANGE COUNTY ALUMNAE OF SIGMA KAPPA SORORITY, bazaar sales, to support local philanthropies such as Burn Unit at Orange County Hospital and Camp Titan camperships; on December 1, 1973. Approved and ratified administrative approval for solicitation to begin on November 17, 1973, on the following: SHELTON STREET CHURCH OF SEVENTH-DAY ADVENTISTS, sidewalk and door-to-door soliciting, for the educational, medical, and welfare work of Seventh-Day Adventists; from November 17, 1973 to January 5, 1974, inclusive. (CA 91) VARIANCES Received and ordered filed the Determination of Categorical exemption and Findings of Fact on the following: VA 73-49, CLARENCE G. & NORMA G. SEPULVEDA - TO allow a converted garage to remain and allow a carport to encroach into the front setback area in the R 1 District at 2701 W. Huckleberry Road; APPROVED. (CA 13) PUBLIC PROPERTY USE Property: Approved the following Application for Special License to Use Public SOUTH MAIN IMPROVEMENT ASSOCIATION, Christmas decorations across Main Street at 1438 South Main, from November 25, 1973 to January lO, 1974, inclusive. (CA 45.1) DEEDS, NO CASH Received and ordered GRANTEE, CITY filed a report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from November 1 through November 14, 1973, inclusive. (CA 155) DEEDS, NO CASH GRANTOR, CITY Mayor and Clerk: Approved the following deeds and authorized their execution by the VARIOUS OWNERS OF RECORD, east side of Bristol north of Segerstrom, vehicular access rights. VARIOUS OWNERS OF RECORD, south side of Hazard, west side of Harbor, vehicular access rights. (CA lSS) CITY COUNCIL MINUTES 429 NOVEMBER 19, 1973 CONSENT CALENDAR - Continued TENTATIVE PARCEL Approved the following MAPS map subject to conditions contained in the Planning Director's report & waived the alley requirement; received and filed the Negative Declaration Form: TENTATIVE PARCEL M~P 843 Filed by Frank Esgrow, Inc. creating three (3) M 1 parcels; proposed Parcel #2 is used for an existing industrial build- ing and parcels #1 and #3 to be used for future industrial buildings; located generally on the south side of Dyer Road at Orange Avenue. (CA 2S) FINAL TRACT MAP Approved the final map, accepted the dedications thereon, and the bonds, and authorized execution of the subdivision agreement, on the following: MAP 8462 South side of Segerstrom at Bear Street, 51 lots. (CA 24) COMPLETION OF IMPROVEMENTS on the following: Authorized release of performance, monument, labor and material bonds TRACT #4450 - Southwest corner of St. Gertrude Place and Grand Avenue. (CA 24) PROCLAMATIONS as follows: Received and filed the report of Proclamations issued by the Mayor, Youth Appreciation Week - November 12 through 18. (CA 46) CONSENT CALENDAR FINIS BID CALL PROJECT 6074 tingency account, mid-year. and that The City Manager suggested that the funds for Project 6074 be taken temporarily from the Council con- adjustments be made therefor at Councilman Evans' motion to approve the plans and specifications and authorize advertisement for bids on PROJECT 6074, to construct a swimming pool in E1 Salvador Park, with funding of $125,000 from the contingency account, was seconded by Councilman Garthe, and unanimously carried. (CA 89 G) AGREEMENT On motion of Councilman ORANGE COUNTY REVENUE SHARING Griset, seconded by Council- man Yamamoto, and unanimously carried, the agreements between the City and the County of Orange providing for the sharing of certain County Revenue Sharing Funds were referred back to staff. The City Manager had stated that the agreements were not yet ready for Council Approval. (CA 73-65) CITY COUNCIL MINUTES 430 NOVEMBER 19, 1973 AGREEMENT On motion of Councilman NEW CAREERS PROGRAM Griset, seconded by Councilman Yamamoto, with Councilman Markel dissenting, Council approved the following agreement and authorized its execution by the Mayor and Clerk: NEW CAREERS PROGRAM - Between the City and the Orange County Community Development Council~ (A 73-63) ALCOHOLIC BEVERAGE On motion of Councilman LICENSE APPLICATION Griset, seconded by WINDJAMMER INN, INC. Councilman Evans, with Councilman Yamamoto dissenting, Council received and filed the following Alcoholic Beverage License Application: WINDJAMMER INN INC., 2337 West First Street; On Sale General (Public Premises); Person to Person Transfer. (CA 146) ALCOHOLIC BEVERAGE On motion of Councilman LICENSE APPLICATION Garthe, seconded by DRYSDALE Councilman Griset, and carried, with Mayor Patterson dissenting, Council instructed the City Attorney to file a protest to the following application, with the Alcoholic Beverage Control Board, unless a Minor Exception is granted by Council within the protest time period allowed: DRYSDALE, Donald S. Northeast corner of Mc Fadden and Lyon; On Sale General (Bona Fide Public Eating Place); Priority #9 Intercounty Transfer; (Protest - within 300' of residential area). Prior to the motion, Mr. Drysdale spoke on behalf of his appli- cation. Mayor Patterson stated that he would continue to vote NO on applications requiring a Minor Exception until the procedure was changed to allow Council to refer the application to the Planning Department for processing of a Minor Exception appli- cation rather than instructing the City Attorney to protest. (CA 146) ALCOHOLIC BEVERAGE On motion of Councilman LICENSE APPLICATION Ward, seconded by Mayor JUDITH ANN HIPPS Patterson, and carried with Councilman Yamamoto dissenting, Council received and filed the following Alcoholic Beverage License Application: HIPPS, Judith Ann, 402 West 17th Street; On Sale Beer, Person to Person Transfer. (CA 146) MINOR EXCEPTION 73-20 SALVATION ARMY than the permitted height in the A The Finding of Fact on Minor Exception 73-20 filed by Salvation Army, to construct a fence higher 1 District at 1710 West CITY COUNCIL MINUTES 431 NOVEMBER 19, 1973 Edinger Avenue, approved by the Planning Commission, along with the Determination of Exemption, was received and filed on motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried. [CA 13.2) DEEDS WITH CASH On motion of Councilman GRANTEE, CITY Griset, seconded by Councilman Yamamoto, and unanimously carried, Council approved the following deeds and authorized the Mayor to sign all necessary documents in connection with the purchase: HORTON, east side of Spurgeon, south side Civic Center Drive, street purposes. OXFORD INVESTMENT, east side of Main, south side Civic Center Drive, street purposes. SCHLUETER, northeast corner of Third and Ross, street purposes. (CA 155) TENTATIVE TRACT A motion to continue MAP 8517 Tentative Tract Map 8517 to the December 10 Council meeting, by Councilman Markel, seconded by Councilman Ward, carried with Councilman Evans dissenting. The foregoing motion was reconsidered on motion of Councilman Griset, seconded by Councilman Ward and carried with Councilman Evans dissenting. The Negative Declaration Form was received and filed and Tentative Tract Map 8517, filed by Standard Pacific Corporation, creating 45 Ri - PRD lots, to b eused for single-family residences generally located on the west side of Bear Street, 100 feet north of Alton Avenue, was approved on motion of Councilman Griset, seconded by Councilman Garthe and carried with Councilman Ward and Mayor Patterson dissenting. Staff was further instructed to report back to Council with a procedure to improve the time-processing problem of Planned Residential Developments to bring them in line with R 1 develop- ment processing, on motion of Councilman Griset, seconded by Councilman Garthe and unanimously carried. FINAL TRACT On motion of Councilman MAP 5457 Yamamoto, seconded by Councilman Evans, and unanimously carried, Council approved the final map, accepted the dedications thereon, and the bonds, and authorized execution of the subdivision agreement, on the following: MAP 5457 - Southeast corner of Lyon Street and Chestnut Avenue, one (1) lot. (CA 24) CITY COUNCIL MINUTES 432 NOVEMBER 19, 1973 COMPLETION OF IMPROVEMENTS TRACT 6540 release of performance, monument, the following: On motion of Councilman Ward, seconded by Councilman Evans, and unanimously carried, douncil authorized labor and material bonds on TRACT #6540 Santa Clara Avenue between Olive Street and Westwood Street. (CA 24) HOUSING AUTHORITY At 3:25 P.M., douncil recessed to convene the Housing Authority. The meeting reconvened at 3:27 P.M. with all Councilmen present. RECESS present. At 3:28 P.M., a recess was declared. The meeting reconvened at 3:37 P.M. with all Councilmen SCHOOL RESOURCE OFFICER PROGRAM who had been scheduled to make Agenda item 62 at 3:30 P.M. The Mayor introduced Dr, Charles F. Kenney, Super- intendent of the Santa Ana Unified School District, a presentation in conjunction with Dr. Kenney stated that the school Resource Officer Program had been a success within the district; that the officers involved were outstanding individuals who worked well with the students; and that they were suggesting that the program be continued. Prior to the motion, Tom McMichael, 610 West 17th Street, stated that as a member of the Legislative and Education Committees of the Board of Realtors, as a parent of three children who had attended Santa Ana schools and a former Council Member in Santa Ana, he was very concerned about the schools in the City, and supported this program; that many people had moved from Santa Ana because of the fear of the situation in the schools; and he urged that studies be made as to how the School Board and the Council could work together to determine other measures that could be taken to alleviate the problems. After considering the report of the City Manager dated November 13, 1973, relating to the continuation of the School Resource Officer Program, Council received and filed the report and authorized staff to file an application for grant for a Juvenile Delinquency Prevention Enforcement Program to be conducted in the Santa Aha schools, on motion of Councilman Ward, seconded by Councilman Griset, and carried on the following vote: AYES: Ward, Griset, Garthe, Yamamoto, Patterson, Evans NOES: Markel ABSENT: None Prior to voting, Councilman Markel stated that the proposed program would provide a remedy for an effect rather than a cause and that the real problem arose from a lack of parental guidance. (CA 47) CITY COUNCIL MINUTES 433 NOVEMBER 19, 1973 EXECUTIVE SESSION commissions and personnel matters. Council recessed to an Executive Session at 4:00 P.M. to consider appoint- ments to boards and The meeting reconvened at 4:45 P.M. with all Councilmen present. SANTA ANA COLLEGE PROGRAMS a presentation at 4:30 P.M. The Mayor introduced Dr. John E. Johnson, President of Santa Ana College, who had been scheduled to make Dr. Johnson introduced the members of the Board of Trustees of the College who were present,as follows: Dick Hernandez, Ed Taylor, Dick Sneed, Isabel Rellstab, and Ernest Norton; and stated that the college was in its 59th year of operation with 19,182 students enrolled, 635 faculty members, and an additional 314 classified staff; that the Rancho Santiago College District had been formed in the last three years; that they were a total community college working with the communities they served; that they wanted their facilities used as best they could; that they had reorganized their operation into four departments: Physical Affairs, Student Affairs, Academic Affairs, and Instruc- tional Affairs; and were proud of their academic heritage and excited about their future. A slide tour of the College was conducted by Dr. Richard Sneed. (CA 38.2) RECESS At 5:05 P.M., Council recessed to a dinner meeting with the Rancho Santiago Community College District Members. The meeting reconvened at 7:37 P.M. with all Council Members present, except Councilman Vernon S. Evans. Following the Pledge of Allegiance to the Flag, the invocation was given by Mayor Patterson. SPECIAL PRESENTATION The Mayor presented a SANTA ANA COLLEGE & RANCHO Resolution commending SANTIAGO COLLEGE DISTRICT Santa Ana College and the Rancho Santiago Community College District to Dr. John White, President of the College District, and Dr. John E. Johnson, President of Santa Aha College. (CA 73B; CA 38.2) SPECIAL PRESENTATION The Mayor introduced MISS SANTA ANA Marianne Marks, "Miss Santa Aha", and presented to her a Key to the City in appreciation for her representation of the City during her reign as "Miss Santa Ana". (CA 73B) SPECIAL PRESENTATION PERSONNEL BOARD for his service to the City as Board. (CA 50.8) The Mayor and Councilman Markel presented a Certification of Appre- ciation to Joseph Holley former member of the Personnel CITY COUNCIL MINUTES 434 NOVEMBER 19, 1973 SPECIAL PRESENTATION Val Lawson, President of ORANGE COUNTY VETERANS Orange County Veterans EMPLOYMENT COMMITTEE Employment Committee, presented to each of the Councilmen a Citation for outstanding achieVment in supporting the veterans in their endeavor to gain meaningful employment. (CA 73A) READING WAIVED The full reading of ordinances and resolutions, the titles of which appeared on the public agenda, was waived on the unanimously approved motion of Councilman Yamamoto, seconded by Councilman Ward. ORD. NS-1176 AN ORDINANCE OF THE CITY EXEMPTION FROM BUSINESS COUNCIL OF THE CITY OF LICENSE TAX SANTA ANA PERTAINING TO EXEMPTION OF CERTAIN NON-PROFIT ORGANIZATIONS FROM THE PAYMENT OF A BUSINESS LICENSE TAX, REPEALING AND RE-ENACTING SECTIONS 21-24 AND 21-25 AND AMENDING SECTION 21-40 OF THE SANTA ANA MUNICIPAL CODE was adopted on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried on the following vote: AYES: Griset, Yamamoto, Garthe, Patterson, Ward NOES: Markel ABSENT: Evans (CA 65.6; CA 74) ORD. NS-1189 AN ORDINANCE OF THE CITY CHARITABLE AND COUNCIL OF THE CITY OF RELIGIOUS SOLICITATIONS SANTA ANA PERTAINING TO THE REGULATION OF SOLICITA- TIONS FOR CHARITABLE AND RELIGIOUS PURPOSES, REPEALING AND RE-ENACTING ARTICLE II OF CHAPTER 26 OF THE SANTA ANA MUNICIPAL CODE was adopted on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried on the following vote: AYES: Griset, Yamamoto, Markel, Garthe, Patterson, Ward NOES: None ABSENT: Evans (CA 91; CA 74) ORD. NS-1190 AN ORDINANCE OF THE CITY PLANNING COMMISSION COUNCIL OF THE CITY OE COMPENSATION SANTA ANA AMENDING SECTION 2-3S2 OF THE SANTA ANA MUNICIPAL CODE INCREASING COMPENSATION TO THE MEMBERS OF THE PLANNING COMMISSION was adopted on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried on the following vote: AYES: Griset, Yamamoto, Garthe, Patterson, Ward NOES: Markel ABSENT: Evans (CA 78.1; CA 74) CITY COUNCIL MINUTES 435 NOVEMBER 19, 1973 ORD. NS-1191 AN ORDINANCE OF THE CITY OPEN SPACE LAND COUNCIL OF THE CITY OF SANTA ANA PERTAINING TO OPEN SPACE LAND AND AMENDING DIVISION 23 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE was adopted on motion of Councilman Yamamoto, seconded by Councilman Griset, and carried on the following vote: AYES: Yamamoto, Griset, Markel, Garthe, Patterson, Ward NOES: None ABSENT: Evans (CA 78; CA 74) RES. 73-133 A RESOLUTION OF THE CITY COMMENDING SANTA ANA COLLEGE & COUNCIL OF THE CITY OF RANCHO SANTIAGO COLLEGE DISTRICT THE CITY OF SANTA ANA COMMENDING SANTA ANA COLLEGE AND THE RANCHO SANTIAGO COLLEGE DISTRICT was adopted on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Markel, Garthe, Yamamoto, Patterson NOES: None ABSENT: Evans (CA 73B; CA 38.2) RES. 73-120 A RESOLUTION OF THE CITY CRIMINAL JUSTICE COUNCIL COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND IMPLEMENTING AN AGREEMENT WITH THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR THE ORANGE COUNTY BURGLARY PREVENTION INDEX was adopted on motion of Councilman Yamamoto, seconded by Councilman Ward, and carried on the following vote: AYES: Yamamoto, Ward, Markel, Garthe, Patterson, Griset NOES: None ABSENT: Evans (CA 47) RES. 73-136 A RESOLUTION AMENDING AMENDING RES. 71-105 FORMER CONDEMNATION RESO- CONDEMNATION OF PROPERTY LUTION ?l-10S AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR THE WIDENING OF i?TH STREET FROM BROADWAY TO BUSH STREET AMENDING PARCEL 1 ONLY was adopted on motion of Councilman Griset, seconded by Councilman Yamamoto, and carrisd on the following vote AYES: Griset, Yamamoto, Markel, Garthe, Patterson, Ward NOES: None ABSENT: Evans (CA 155) RES. 73-137 A RESOLUTION AMENDING SAFETY ANALYST SECTION 3 OF RESOLUTION NO. 58-281 TO ADD CLASS TITLE OF SAFETY ANALYST was adopted on motion of Councilman Griset, seconded by Council- man Garthe, and carried on the following vote: CITY COUNCIL MINUTES 436 NOVEMBER 19, 1973 AYES: Griset, NOES: None ABSENT: Evans Garthe, Markel, Yamamoto, Patterson, Ward (CA 50.1) RES. 73-140 A RESOLUTION OF THE ALLEY ABANDONMENT CITY COUNCIL OF THE NORTH OF FRUIT STREET CITY OF SANTA ANA APPROVING MAP AND DECLARING INTENTION TO ABANDON ALLEY LOCATED NORTH OF FRUIT STREET BETWEEN FRUIT STREET AND SANTA ANA BOULEVARD APPROXIMATELY 125 FEET WEST OF LINCOLN AVENUE was adopted on motion of Council- man Ward, seconded by Councilman Yamamoto, and carried on the following vote: AYES: Ward, Yamamoto, Markel, Garthe, Patterson, Griset NOES: None ABSENT: Evans (CA 14) FINANCIAL STATEMENTS AUDIT Council received and filed the comments and recommendations from Diehl, Evans and Company, City Auditors, contained in their letter dated October 23, 1973, relating to their audit of the City's financial statements for the year ended June 30, 1973, on motion of Councilman Griset, seconded by Councilman Garthe, and unanimously carried, on a 6 0 vote. (CA 65.4) RAIL PASSENGER SERVICE After considering a copy of San Clemente City Council Action dated October 17, 1973, requesting support of their resolution petitioning the Public Utilities Commission and Amtrak to reinstate and establish commuter service between San Diego and Los Angeles; Council authorized the Mayor and staff to contact the Public Utilities Commission and other appropriate agencies indicating Council's support of the San Clemente resolu- tion, on motion of Councilman Griset, seconded by Councilman Markel, and unanimously carried, on a 6- 0 vote. (CA 43) LATE CLAIM Council denied the Applica- INDUSTRIAL INDEMNITY CO. tion for Leave to Present Late Claim dated October 25, 1973, from Mansell & Giddens, Attorneys for Industrial Indemnity Company, on motion of Council- man Garthe, seconded by Councilman Markel, and unanimously carried, on a 6 0 vote. (CA 65.7) LOS COYOTES REGIONAL Council referred to staff PARK SITE ~he letter from the City of Fullerton dated November 7, 1973, requesting support of their resolution supporting acquisition and development of the Los Coyotes Regional Park Site by the County of Orange, on motion of Councilman Yamamoto, seconded by Councilman Ward, and unanimously carried, on a 6 - 0 vote. (CA 112.16) CITY COUNCIL MINUTES 437 NOVEMBER 19, 1973 E1RE STATION NO, 6 Council approved the ENVIRONMENTAL IMPACT REPORT Environmental Impact Report and selection of the site located at Mac Arthur Boulevard and Towner Street for Fire Station No. 6, pursuant to the letter from the Planning Commission dated November 14, 1973, on motion of Councilman Yamamoto, seconded by Councilman Garthe, and unanimously carried on a 6 - 0 vote. (CA 64) WILLOWICK GOLF COURSE After considering the letter of Councilman James E. Ward, dated November 17, 1973, Council referred the subject of potential land use of the Willowick Golf Course and possible adjacent City improvements to the Planning Commission and the Board of Recreatio and Parks for discussion and recommendations to Council before the end of the year, with an indication to them that Council desires to keep intact all of the provisions of the agreement with the City of Garden Grove presented to Council but not approved on November 5, 1973, in the event the provisions could be accom- plished without a deannexation. The action was taken on motion of Councilman Ward, seconded by Councilman Yamamoto, and unanimously carried, on a 6 - 0 vote. (CA 52.6) LATE CLAIM Council denied the ARTHUR WAYNE M~kXWELL Application for Permission to File Late Claim dated November 8, 1975, from William M. Monroe, Attorney for Arthur Wayne Maxwell, on motion of Councilman Garthe, seconded by Councilman Markel, and unanimously carried, on a 6 0 vote. (CA 65.7) PRIORITIES AND GOALS Council continued to OF THE PLANNING COMMISSION December 10, 1973, considera- tion of the report of the Planning Department dated October 31, 1973, relating to the priorities and goals of the Planning Commission, on motion of Councilman Garthe, seconded by Councilman Markel, and unanimously carried, on a 6 0 vote. (CA TS.l) FLOWER VENDING PERMITS Council continued to December 10, 1973, considera- tion of the subject of flower vending in public rights of way, on motion of Councilman Garthe, seconded by Councilman Ward, and unanimously carried, on a 6 0 vote. (CA 65.6) CONDOMINIUM DEVELOPMENT After considering the CONTROL recommendations for control of condominium development contained in the Planning Director's report dated November 14, 1973, Council referred the matter back to staff for further study on motion of Councilman Garthe, seconded by Councilman Yamamoto, and unanimously carried, on a 6 0 vote. (CA 78.7) CITY COUNCIL MINUTES 438 NOVEMBER 19, 1973 1974 TIME CAPSULE Council continued considera- tion Of the report of the Cultural Heritage Evaluation Committee dated November 12, 1973, relating to the 1974 Time Capsule, to December 10, 1973, on motion of Councilman Markel, seconded by Councilman Garthe, and unanimously carried, on a 6 0 vote. [CA 8S.lc) ENFORCEMENT OF CIVIC CENTER Council Considered the PARKING REGULATIONS reports of the City Attorney dated November 14, 1973, and November 2, 1973, and the report of the Director of Public Works dated October 25, 1973, relating to the enforcement of Civic Center parking regulations. Council instructed staff to request the Board of Supervisors to adopt a Resolution approving enforcement by the Santa Aha Police Department on motion of Councilman Yamamoto, seconded by Council- man Garthe, and unanimously carried, on a 6 0 vote. (CA 77.5) PLAQUES FROM OLD CITY HALL After reviewing the staff report dated November 13, 1973, relating to the plaques taken from the Old City Hall, Council instructed staff to arrange for the replace- ment of the Ralph Smedley plaque by Toastmasters International for presentation to the YMCA in honor of its 50th Anniversary and to reinstall the Glenn L. Martin plaque on the Old City Hall building with the approval of the present owners; on motion of Councilman Griset, seconded by Councilman Garthe, and unanimously carried, on a 6 0 vote. (CA 85.1) ACCESS TO Council considered the REDEVELOPMENT AREA report of the Assistant City Manager dated November 13, 1973, relat- ing to the recommendations of the Community Redevelopment Commission for access to the redevelopment area. Councilman Griset's motion, seconded by Councilman Ward to: 1. Receive and file the report; and Instruct staff to give priority consideration to development of a multi-modal corridor from Santa Ana Boulevard to Westminster Avenue along the Pacific Electric right-of-way in updating and revising the 5-year street construction plan as needed by increased circulation anticipated and resulting from the Redevelopment Project; carried on a 5 - 0 vote, with Councilman Markel abstaining. (CA 82; CA 84) CONFLICT OF Council received and filed INTEREST LEGISLATION the report of the City Attorney dated November 13, 1973, relating to recent State Conflict of Interest Legislation, on motion of Councilman Garthe, seconded by Councilman Yamamoto, and unanimously carried on a 6 - 0 vote. The motion included direction to the City Attorney to provide Council with further information as it becomes available. (CA 57; CA 80) CITY COUNCIL MINUTES 439 NOVEMBER 19, 1973 UNDERGROUND UTILITY After considering the DISTRICT NO, 10 report of the Director BRISTOL STREET of Public Works, dated November 13, 1973, relating to the proposed Underground Utility District No. 10 along Bristol Street from Martha Lane to Seventeenth Street, Council set the matter for public hearing on December 10, 1973, on motion of Councilman Griset, seconded by Councilman Garthe, and unanimously carried, on a 6 0 vote. (CA 134) SOUTHWESTERN MUTUAL After considering the WATER COMPANY report of the Director FRANCHISE APPLICATION of Public Works dated November 14, 1973, informing Council of the status of negotiations with Southwestern Mutual Water Company on its franchise application, Council unanimously voted, 6 - 0 , to defer action on the application for three months to enable negotiations to continue on motion of Councilman Griset, seconded by Councilman Garthe. (CA 12) ORANGE COUNTY TRANSIT DISTRICT ALTERNATIVE CORRIDOR STUDY to the alternative transit Transit District. Council considered the report of the Assistant City Manager dated November 15, 1973, relating corridor study of the Orange County Councilman Griset's motion, seconded by Councilman Ward, to: Direct staff to contact City Commissions, Chamber of Commerce, and any community groups relevant to review of the four alternative routes for the Orange County Transit District corridor and the possible route of Route 57 and to respond as to which route or combination of routes would be of most benefit to the City of Santa Ana; and that the groups contacted be requested to prepare their recommendation on the corridor preferred by January 15, 1974; and 2. Direct staff to consolidate the recommendations and present them to Council; unanimously carried on a 6 0 vote. (CA 84) SOLICITATION APPLICATION Council approved the U. S. NAVAL SEA CADET CORPS Application to Solicit Funds filed by U. S. Naval Sea Cadet Corps, Fortify Division, for soliciting door-to-door to help finance activities of their youth organization; from November 20, 1973 through December 20, 1973, inclusive; on motion of Councilman Garthe, seconded by Councilman Yamamoto, and unanimously carried. (CA 91) PUBLIC HEARING STREET VACATION PORTION OF NEWHOPE STREET The Mayor opened the public hearing on the proposed vacation of a portion of Newhope Street. The Director of Public Works exhibited a map indicating the location of the proposed vacation. The Clerk reported there were no written communications. CITY COUNCIL MINUTES 440 NOVEMBER 19, 1973 There were no proponents or opponent$~ and the Mayor closed tho public hearing, RESOLUTION 73-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDERING THE VACATION OF A PORTION OF NEWHOPE STREET APPROXIMATELY 300' EAST OF THE SANTA ANA RIVER ON THE NORTH SIDE OF MAC ARTHUR BOULEVARD was adopted on motion of Councilman Griset, seconded by Councilman Markel, and carried on the following vote: AYES: Griset, Markel, Garthe, Yamamoto, Patterson, Ward NOES: None ABSENT: Evans (CA 14) PUBLIC HEARING The Mayor opened the AMENDMENT TO GENERAL PLAN public hearing on a "OPEN SPACE ELEMENT" proposed amendment to the General Plan by adding an element titled "Open Space Element", consisting of text, maps, charts and documents relating to the development, preservation, enhancement, conservation and management of an open space plan proposed to accomplish the objectives of a comprehensive open space program; and to consider the Final Environmental Impact Report for the "Open Space Element". The Planning Director referred to the document entitled "Open Space Element" which had been previously distributed to Council and to Planning Commission Resolution 6041, dated October 23, 1973, recommending that the Plan be adopted by Council. Gene Hoggatt, Vice President, O. K. Earl Development Corporation, 2121 East Fourth Street, asked what restrictions would be placed upon private development of property by reason of the adoption of the Open Space Element. The Planning Director assured Mr. Hoggatt that there would be none; that the Open Space Element pertained only to publicly owned land or land quasi-public in nature. The Mayor stated that the rezoning of any privately owned land for open space would require an additional public hearing. The Clerk reported there were no written communications. There were no proponents or opponents, and the Mayor closed the public hearing. Council adopted the Final Environmental Impact Report for the "Open Space Element" on motion of Councilman Yamamoto, seconded by Councilman Ward, and unanimously carried on a 6 - 0 vote. RESOLUTION 73-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE GENERAL PLAN TO CREATE AN "OPEN SPACE PLAN" AS A NEW ELEMENT TO THE GENERAL PLAN was adopted on motion of Councilman Ward, seconded by Councilman Yamamoto, and carried on the following vote: AYES: Ward, Yamamoto, Markel, Garthe, Patterson, Griset NOES: None ABSENT: Evans (CA 78.3d) CITY COUNCIL MINUTES 441 NOVEMBER 19, 1973 PUgL!C HEARING The Mayor opened the public AMENDMENT TO GENERAL PLAN hearing on a p~oposed amend~ "BIKE ROUTE PLAN" ment to the General Plan by adding an element titled "Bike Route Plan" to the Circulation Element of the General Plan, consisting of text, maps, charts and documents relating to policy proposals and an implementation program, and which is a more detailed analysis of the Circulation Element of the General Plan. The Planning Director referred to the document entitled "Bike Route Plan, Policy-Program Report", which had been previously distributed to Council, and to Planning Commission Resolution 6042, dated October 23, 1973, recommending that the element be adopted by Council. A slide presentation of the Bike Route Plan was given by Senior Planner, Edward Probyn James. Novel James, 2144 Alona Street, spoke in favor of the Plan, and stated that he felt an active citizens' group should be appointed to do some educational work within the community concerning the plan. The Clerk reported there were no written communications. There were no other proponents and no opponents, and the Mayor closed the public hearing. RESOLUTION 73-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA JuMENDING THE CIRCULATION ELEMENT OF THE GENERAL PLAN BY ADDING THERETO A NEW SUB-ELEMENT ENTITLED "BIKE ROUTE PLAN" was adopted on motion of Councilman Garthe, seconded by Councilman Yamamoto, and carried on the following vote: AYES: Garthe, Yamamoto, Markel, Patterson, Ward, Griset NOES: None ABSENT: Evans Prior to the motion the Mayor stated that he would like to see such priorities as the acquisition of land for bikeways and development that was not as costly such as striping and no parking signs along streets. Councilman Ward's motion seconded by Councilman Yamamoto to refer the subject of the Bike Route Plan to staff and to appropriate commissions and boards for a study of the use of bikeways for other than recreational purposes such as for students traveling to and from school; consolidation of some of the routes, and perhaps a bike trail that goes to the center of the City; and to seek the input from these boards and commissions, the school districts, and other agencies involved, unanimously carried on a 6 - 0 vote. (CA 18.6; CA 78.3) PUBLIC HEARING The Mayor opened the ASSESSMENT DISTRICT 215 public hearing and (MAPLE/COLUMBINE) stated that it was the time and place fixed for the hearing of appeals or objections to the confirmation of the assessment in the matter of certain improvements in Assessment District 215 (Maple/Columbine). CITY COUNCIL MINUTES 442 NOVEMBER 19, 1973 The Clerk of the Council advised that the Notice of the filing of the assessment and of the time and place for the hearing had been duly and regularly published, posted and mailed, as pre~ scribed by law, and that the following affidavits indicating compliance were on file in her office: 1. Affidavit of Publication; 2. Certificate of Mailing; 3. Certificate of Posting; The Clerk announced that one written protest dated November 16, 1973, had been received from Robert A. Erbacker, 340 East Alton Street, and she read the protest in full. The City Engineer described the area of the street improvements and the events leading up to the formation of the Assessment District pursuant to the "Improvement Act of 1911". He stated that the work involved 22 parcels of land; that it had been com- pleted on August 28, 1973; that the cost had been spread among the 22 parcels in relation to the benefits received and he described the method and formula used to spread the assessment one-half on frontage and one-half on the basis of area. The Mayor asked if there were anyone present who wished to speak or address the Council in support of a written protest. There was no response. The Mayor asked if there were anyone in the audience who wished to speak for or against the construction or assessment. There was no response. The City Engineer displayed a map of the assessment district on the screen and pointed out the parcel which was the subject of the lone protest. He stated that Mr. Erbacker had referred to work which had been done on an Alton Street curb return in conjunction with the construction of his building; that of the total amount of his assessment, only $81.04 represented recon- struction of the Alton Street Corner return previously constructed by Mr. Erbacker; that no other reconstruction was involved; and that he would recommend a modification of Mr. Erbacker's Assessment No. 001, to reduce it in the amount of $81.04 which would reduce the total assessment and the incidental expenses charged by the department by a like amount. Mr. Erbacker's Assessment No. 001 was reduced by $81.04, changing his total assessment to $1,377.34; the total assessment roll and the incidentals were each reduced by a like amount for totals of $62,409.74 and $11,337.33, respectively, on the unanimously approved motion (6 0) of Councilman Griset, seconded by Council- man Garthe. Ail protests were overruled and denied on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following roll call vote: AYES: Griset, Ward, Markel, Garthe, Yamamoto, Patterson NOES: None ABSENT: Evans RESOLUTION NO. 73-141, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CONFIRMING ASSESSMENT AND ACCEPT- ING WORKS OF IMPROVEMENT IN THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 215 (MAPLE/ COLUMBINE) was adopted on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried on the following roll call vote: CITY COUNCIL MINUTES 443 NOVEMBER 19, 1973 AYES; NOES; ABSENT: Griset~ Ysma~oto~ Markel~ None Evans Garthe~ p~tter$on, Ward RECESS Councilmen present. At 9:20 P,M. a 10 minute recess was declared. Council reconvened at 9:35 P.M. with the same PUBLIC HEARINGS The Mayor announced that APPEAL NOS. 324 333 this was the time and place CONDITIONAL USE PERMIT 73-9 for the Environmental Impact Report hearing of Appeal Nos. 324 333, inclusive, appealing the Planning Commis- sion's approval of Conditional Use Permit 73-9, filed by W. F. and Maurine Croddy, to construct a multi-screen drive-in theater facility in the M 1 District at 2730 South Harbor Boulevard. He stated further that all of the appellants were appealing the granting of the Conditional Use Permit and that Appeal No. 331 was also appealing the Environmental Impact Report Procedure; and that he proposed to hear both matters at the same time, since they related to the same subject, and to incorporate all the evidence relative to the EIR and the CUP into one hearing. The City Attorney requested that the record indicate that all parties and their counsels were present following a roll call taken by the Mayor. The following persons objected to the combined hearings, stating that they should be conducted separately: John C. Gamble, Attorney, Appeal No. 327 Verlyn N. Jensen, Attorney, Appeal No. 330 Donald E. Smallwood, Attorney, Appeal No. 331 The Council consensus was to proceed with the combined hearings based on a ruling by the City Attorney that all evidence on both matters could be presented and considered during one combined hearing. Mr. William Daugherty, Planning Staff member, stated that 16 exhibits, identified as Exhibits "A-O", inclusive, had been filed with the Planning Commission by the applicant, and that 9 exhibits, identified as Exhibits 1 9, inclusive, had been filed by the opponents. He distributed them and described them to Council. The aforementioned exhibits were unanimously approved motion (6 seconded by Councilman Garthe. received and filed on the 0) of Councilman Yamamoto, In addition Council Agenda material included: 1. Appeal Nos. 324 - 333, inclusive; 2. Planning Commission Minutes, October 23, 1973, page 1; 3. Site Maps (2) ; CITY COUNCIL MINUTES 444 NOVEMBER 19, 1973 Planning Co~m~ission Findings of Fact d~ted October 23,~ 1973~ (Note~ Item U6HU on page 7 was corrected during the course of the hearing, as follows: "6H, That the Conditional Use Permit shall expire and become void twenty years following final date of approval and at such time shall be reviewed by the Planning Commission."); 5. Planning Department Report dated August 7, 1973; 6. Draft Environmental Impact Report; 7. Transcript. The following persons spoke in favor of the Appeals and against the granting of the Conditional Use Permit: Mr. Greg Butcher, representing Harold T. Segerstrom, et al, 3315 Fairview Road, Costa Mesa; (Appeal No. 324) Mr. Ted Strong, representing Dietary Products, Division of American Hospital Supply Corp., 17141 Red Hill Ave., Irvine; (Appeal No. 325) Mr. Ken Bomar, President, S & S Headers, Inc., 316 East Dyer Road, Santa Ana; (Appeal No. 326) Mr. John C. Gamble, Attorney, representing Cabot, Cabot & Forbes, Inc., 2901 S. Harbor Blvd., Santa Ana, and Mr. John McPhillips of that firm, who presented a film of the Cabot, Cabot & Forbes Industrial Park Develop- ment in Los Angeles to illustrate the company's objec- tives and plans for its Santa Ana Industrial Park; Mr. Gamble also filed Exhibits 327-1 and 327-2, a brochure describing the Orange County Industrial Center and a letter dated November 15, 1973, from Willard D. Voit, respectively; (Appeal No. 327) Mr. Robert Butler, representing Babcock Electronics Corp., 3501 North Harbor Blvd., Costa Mesa; (Appeal No. 329) Mr. Verlyn Jensen, Attorney, representing the Environ- mental Coalition of Orange County, Inc., 1200 N. Main St., Santa Ana; (Appeal No. 330) Mr. Robert Rusoff, Mr. Joseph Maggiore and Mr. Robert Wilson, c/o Donald E. Smallwood, Inc., 366 San Miguel Dr., Newport Beach, representing homeowners and residents residing in the vicinity of the proposed drive-in theater; they filed Exhibits 331-1, 331-2, 331-3 and 331-4, inclusive, a petition signed by 259 residents; news articles; a "memorandum of factors" relating to the Environmental Impact Report and the Conditional Use Permit; and a traffic analysis report, respectively. (Appeal No. 331) RECESS Councilmen present. At 11:00 P.M., a ten minute recess was declared. Council reconvened at 11:15 P.M., with the same CITY COUNCIL MINUTES 445 NOVEMBER 19, 1973 pUBLIC HEARINGS, APPEAL N05.324 ~ 333~ CONDITIONAL USE PERMIT 73~9' (CONTINUED) Additional proponents who addressed Council included: Mr. Ralph E. Butz, Mananger, Hyland, Division Travenol Laboratories, 3300 Hyland Ave., Costa Mesa; (Appeal No. 333) Mr. Fred T. Katakara, representing Guerdon Industries, Inc., 2524 Loyola Rd., Costa Mesa. The proponents stated that the proposed CUP would endanger the orderly development of hundreds of acres of industrially-zoned land; that it would tend to discourage quality development; that it would give a greater advantage to competitive nearby industrial parks; that it would devaluate the surrounding industrial land; that it would in no way serve or benefit the surrounding indus- trial land users; that there is no public interest for the ~r~po~ed drive-in project; that the visual impact would be · n3ur~ous to the area; that it would erode the General Plan of the City; that it would result in an exodus by industrialists who are concerned with maintaining a prestige address; and that it would undermine the integrity of a prime area. Proponents of the appeal who resided in the area stated that adult movies could be seen by children from second-story windows; that the debris common to drive-in movies would constantly detract from the scenic bike trails in the immediate vicinity; that the use would be incompatible with the Greenbelt Plan; and that there were 21 theaters within a four-mile radius of this site. The proponents stated further that the Planning Commission eliminated staff-suggested EIR mitigation measures without comment prior to adopting the BIR; that these measures should be considered and explanations for their elimination given by Council; that there are serious adverse environmental consequences; that the proposed theater would create traffic problems; that the current energy crisis has a direct bearing on the project which is a night time use, dependent upon the automobile for its survival; and that the project is not economically justifiable. There were no additional proponents~and the Mayor invited the opponents, those opposing the Appeals and in favor of granting Conditional Use Permit 73-9, to present their testimony. The following persons responded: Mr. Charles Schlegel, Attorney, representing the applicants for the CUP, who filed exhibits "Applicant 1 and Applicant -2" a "Summary of Factors" for con- sideration in making a determination on the request for the Permit, and a letter favoring the drive-in from Indusco, Ltd., 1580 East Edinger Avenue, Santa Ana, respectively; Mr. Bill Frantz, Real Estate Broker, 635 East Chapman, Orange; Mr. John Valentine, 635 E. Chapman, Orange; Mr. Vincent Raney, Architect, San Francisco; Mr. W. F. Croddy, applicant, 201 South Broadway, Santa Ana. CITY COUNCIL MINUTES 446 NOVEMBER 19, 1973 The opponents Stated that the land proposed for the theater project is on the fringe of the industrial development; that the owner is entitled to sell 21 acres out of a 150-acre site isolated in a triangle between the Santa Aha River, MacArthur and Harbor Boulevard; that there is no other contiguous property owner; that Mr. Croddy is in the best position to judge the adverse effects the proposal would have on neighboring property, and that it would not be detrimental in his opinion; that the project is a permitted use in an M-1 zone according to the General Plan; that the EIR has become an "interesting weapon" in the hands of opponents of any project; that the appellants Smallwood, Seymour & Jensen had sought to obtain a writ of mandate to preclude Council from hearing the matter; that drive-in theaters have not hindered industrial development in other nearby cities and tend to increase property values; that they are a compatible industrial use; that based on actual operation experience, the project would not create a traffic problem. Opponents further stated that the project would bring sales tax revenue to the City and denial of the permit would be a blow to free enterprise. Mayor Patterson announced that Councilman Evans had been unable to attend the Council meeting that evening; but even if he had been, he would not have participated in the hearing, due to a conflict of interest. RECESS members present. At 12:32 a five-minute recess was declared. Council reconvened at 12:42 with the same PUBLIC HEARINGS, APPEAL NOS. 324 - 333, CONDITIONAL USE PERMIT ?3-9 (CONTINUED) The proponents offered the following statements in rebuttal: The project would adversely affect the General Plan of the City; all of the proponents have an economic interest in owning and developing property in addition to being members of the public, neighborhood and the community with private and public concerns; the use will not inure to the City as a whole; the questions of air pollution and traffic have not been answered; there is ~just as great a need to be sensitive to the people who live outside the boundaries of the project as to those who are adjacent to it. There were no further comments by proponents or opponents, and the public hearing was closed by Mayor Patterson. The following Exhibits were received and filed on the unanimously approved motion (6 - 0) of Councilman Yamamoto, seconded by Councilman Markel: Appellant 324-1 Appellant 327-1 327-2 331-1 331-2 331-3 331-4 Applicant - 1 Applicant - 2 CITY COUNCIL MINUTES 447 NOVEMBER 19, 1973 The Environmental Impact Report for CUP 73~9 was approved on the unanimously carried motion (6 man Griset, seconded by Councilman Ward. accepted and 0) of Council- Council discussion followed and Mayor Patterson stated the consensus that: The use is not desirable in the community, and would not provide a service or facility which would contribute to the general well being of the community; 2. The use would be injurious to property and improvements in the vicinity; 3. The use does not comply with the Zoning Code; and 4. The project would be detrimental to the General Plan of the City. The "Proposed Findings of Fact Re C.U.P. 73-9 Submitted by Donald E. Smallwood in Opposition" (beginning on page 150 of the Planning Commission meeting transcripts) was adopted as the findings of fact of the City Council, on the unanimously carried motion (6 0) of Mayor Patterson, seconded by Councilman Ward. ORAL COMMUNICATIONS In response to a question MAYOR'S TRANSPORTATION from Councilman Markel COMMITTEE regarding appointments to the Mayor's Transporta- tion Committee, the City Manager stated that all appointments would be made by the City Council to become effective January 1, 1974. ADJOURNMENT The meeting was adjourned at 1:40 A.M.,on the unanimously approved motion of Councilman Yamamoto, seconded by Councilman Ward. Florence I. Malone Clerk of the Council CITY COUNCIL MINUTES 448 NOVEMBER 19, 1973