HomeMy WebLinkAbout12-17-1973MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
December 17, 1973
The meeting was called to order at 2:10 P.M. in the Council
Chambers of the City Hall, 22 Civic Center Plaza, with the
following Councilmen present: John Garthe, 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 of Public Works Ronald Wolford, and Clerk of the
Council Florence I. Malone. Councilman Lorin Griset arrived
at 2:15 P.M. Councilman Vernon S. Evans was absent.
MINUTES The Minutes of the
Adjourned Regular
meeting of December
10, 1975 were approved
as submitted, on motion of Councilman Yamamoto, seconded by
Councilman Ward, and unanimously carried on a 5 - 0 vote,
subject to the following correction requested by Mayor
Patterson:
That the paragraph on page 454 entitled "Recess"
read as follows:
At 4:15 a recess was declared. The meeting
reconvened at 4:25 P.M. with all Councilmen
present.
AGENDA ORDER By informal unanimous
consent (5 0), Council
postponed the Executive
Session to later in the
meeting in order to accommodate persons in the audience.
CONSENT CALENDAR
Councilman Markel; Items
Yamamoto; and Items 6 A,
Ward.
The following Agenda items
were removed from the Con-
sent Calendar: Items 2 E
and 10 A requested by
S A and $ B requested by Councilman
10 B and 10 C requested by Councilman
On motion of Councilman Ward, seconded by Councilman Garthe,
and unanimously carried on a 5 - 0 vote, Council affirmed the
recommended action on the following Consent Calendar items:
BID CALLS Received and filed the
Negative Declaration,
approved plans and
specifications, and authorized advertisement for bids
on the following:
PROJECT 6082 - Construct security and court
lighting in Sandpointe Park; re-light
Memorial Park court and re-lamp Windsor Park
Court. (CA 89)
CITY COUNCIL MINUTES 465 DECEMBER 17, 1973
CONSENT CALENDAR - Continued
BID AWARDS
most responsible bidder:
Awarded contracts as
follows on the basis
of lowest, best and
SPEC. 73-031 - One (1) Road Roller;
awarded to United Equipment Co., Ontario.
SPEC. 75-032 - One (1) Trailer mounted trash
pump; awarded to Southwestern Pump Company,
South Gate.
SPEC. 73-039 - One (1) 1971 to 1973 two-door
sedan; awarded to Santa Ana Dodge, Santa Aha.
SPEC. 73-043 - Two (2) 1971 to 1973 three-
fourth (3/4) ton pickup trucks; awarded to
Tommy Ayres Chevrolet, Laguna Beach.
(CA 89)
AGREEMENTS
Mayor and Clerk:
Approved the following
agreements and authorized
their execution by the
ENGINEERING SERVICES - Project 6078,
Agreement between the City and F. T. Andrews,
Inc., Consulting Engineer, for design of
backup air conditioning system for computer
room. (A-73-67)
STORM DRAIN REIMBURSEMENT - Agreement between
the City and Public Storage, Inc. (A-73-68)
PUBLIC PROPERTY USE Approved the following
Application to Use Public
Property with proviso
that each parade practice period be subject to approval
by tho Police Chief at least one week prior to proposed
use:
SCHOOL OF OUR LADY, to use Sixth Street
between Raitt Street and Pacific Street
one to two hours a week on Wednesday or
Friday between 3:30 P.M. and 5:00 P.M.,
for parade practice, approximately four
or five times a year. (CA 45.1)
DEEDS, NO CASH Received and ordered
GRANTEE, CITY filed the report of No-
Cash Deeds accepted by
the City Manager, pursuant to Resolution #69-1S6, from
December 6, 1973 through December 12, 1973, inclusive. (CA 1S~
DEEDS, NO CASH
GRANTOR, CITY
and Clerk:
Approved the following
deed and authorized its
execution by the Mayor
VARIOUS OWNERS OF RECORD, south side of Warner,
west of Garnsey; vehicular access rights. (CA 155)
CITY COUNCIL MINUTES 466 DECEMBER 17, 1973
CONSENT CALENDAR - Continued
SURPLUS PROPERTY
REPORT NO. 73-13
of size and shape;
following:
Declared surplus, of
nuisance value to other
than adjacent owner because
and authorized negotiated sale of the
SURPLUS PROPERTY REPORT 73-13, property located
on the west side of French Street, north of
Santa Ana Boulevard; triangular parcel,
1,698.61 sq. ft. (CA 45)
PROCLAMATION
CHRISTMAS SEAL WEEK
by the Mayor:
Received and ordered
filed the following
proclamation issued
Chris~mas Seal Week - December 9, 1973 through
December 15, 1973, inclusive. (CA 46)
* * * * * * * * CONSENT CALENDAR FINIS * * * * * * * *
BID AWARD On motion of Councilman
PROJECT 6079 Ward, seconded by Council-
man Yamamoto, and carried
on a 4 - 1 vote with
Councilman Markel dissenting, Council awarded PROJECT 6079,
asphalt work at Prentice, Figueroa, Memorial, Windsor and
Heritage Parks, to Chamber-Mix Concrete, Inc., Stanton, on
the basis of lowest, best and most responsible bidder. (CA 89)
ALCOHOLIC BEVERAGE On motion of Councilman
LICENSE APPLICATIONS Garthe, seconded by
FREED; ROGERS Councilman Ward,
and carried on a 4 - 1
vote, with Councilman Yamamoto dissenting, Council received
and ordered filed the following Alcoholic Beverage License
Applications:
FREED, Irving R. and Myra K., 501 South
Grand Avenue, On Sale General (Public
Premises), Person to Person Transfer; and
ROGERS, Evelyn L., 815 North Main Street,
On Sale Beer, Person to Person Transfer.
(CA 146)
SOLICITATION APPLICATION On motion of Councilman
PRIDE EQUALS RESPECTABILITY & Yamamoto, seconded by
EQUALITY, INC. Mayor Patterson, and
carried on a 5 - 1 vote,
with Councilman Ward dissenting, Council approved the following
Application to Solicit Funds:
PRIDE EQUALS RESPECTABILITY & EQUALITY, INC.
To continue programs already in effect in
the Santa Ana Area for the disadvantaged
children that are members of the non-profit
charitable youth organization; from December
14, 1973 to February 14, 1974, inclusive.
CITY COUNCIL MINUTES 467 DECEMBER 17, 1973
A prior motion by Councilman Garthe, seconded by Councilman
Markel to continue the matter was withdrawn by maker and second.
Councilman Griset arrived at 2:15 P.M.
Theodore B. Novack, 528'West 19th Street, representing "Pride",
spoke in favor of the application; Capt. Gene Hansen, Santa
Ana Police, stated that the Police Department had recommended
approval. (CA 91)
TENTATIVE PARCEL On Motion of Councilman
MAP NO. 836 Ward, seconded by Council-
PUBLIC STORAGE, INC. man Yamamoto, and carried
unanimously on a 6 0 vote,
Council received and filed the Negative Declaration, approved
subject to conditions contained in Planning Director's Report,
and waived the alley requirement, on the following:
TENTATIVE PARCEL MAP #836 - Filed by Public
Storage, Inc., creating one (1) M 1 and one
(1) Mi and Ri parcel; located generally on the
southwest corner of Grand Avenue and Chestnut
Avenue; to be used for mini-warehouses. (CA 25)
AGENDA ORDER On motion of Councilman
Yamamoto, seconded by
Councilman Ward and
carried unanimously on
a 6 - 0 vote, Council continued agenda items 10-B and 10-C to
the evening agenda, upon the written request, dated December
12, 1973, from Mabury Homeowners Association and Citizens
for Fair Zoning.
RECESS
2:27 P.M. with the
At 2:25 P.M. Council
recessed to convene the
Housing Authority meeting;
Council reconvened at
same Council members present.
RECESS At 2:27 P.M., Council
recessed to meet with
officials from Tecate,
Mexico, and to Executive
Session to consider personnel matters. Council reconvened
at 3:40 with all members present except Councilmen Evans and
Yamamoto.
CERTIFICATION OF On motion of Councilman
ELIGIBILITY LIST Ward, seconded by Council-
man Griset, and carried
unanimously on a 5 0
vote, Council directed the Director of Personnel to certify the
eligibility list compiled as a result of the examination for
Secretary. (CA 50)
Councilman Yamamoto returned to the Council Chamber.
CITY COUNCIL MINUTES 468 DECEMBER 17, 1973
AGENDA ORDER
the audience.
The Mayor announced that
Agenda items 60 and 69 would
be considered next to
accommodate persons in
READING WAIVED The full reading of or-
dinances and resolutions,
the titles of which
appeared on the public
Agenda, was waived, on motion of Councilman Yamamoto, seconded
by Councilman Griset and carried unanimously (6 0).
BICENTENNIAL PROGRA~ On motion of Councilman
Ward, seconded by Council-
man Yamamoto, and
unanimously carried on
a 6 0 vote, Council adopted RESOLUTION NO. 73-1SS - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING SANTA ANA
CITIZENS TO SUPPORT THE WORK OF THE AMERICAN REVOLUTION BICENTEN-
NIAL COMMISSION: and continued consideration of staff recommenda-
tions A - C and E, contained in the memo from the Museum Director
dated December 10, 1973 entitled "Bicentennial", to the next
meeting pending recommendations from the Chamber of Commerce,
and any other interested organizations, to the next meeting.
Prior to the motion, R. H. Kopel, President elect of the Chamber
of Commerce, stated that the Chamber was in a good position to
take over and coordinate the Bicentennial event, develop programs,
and submit a budget to Council for approval and appropriation,
and he requested Council to authorize the Chamber to act as the
Coordinator and Project Director for the Bidentennial Project.
The consensus of Council was that the Chamber would be well
qualified to direct the project; that perhaps it would be unfair
to "saddle" the Museum Director, a newcomer to the City, with
the responsibility of project director; that participation should
not be limited to the Chamber, but should be broad based.
Councilman Markel suggested the names of several individuals,
who he stated would be qualified and willing to assist with Bicen-
tennial programs, including Dr. Dexter Ball, Paul B. Witmer,
Ross Crane, Irene Daniger, Lillian Angel, Charles Carrillo,
Charles Swanner, Ted Parker, Gene Thomas, Clyde Mendall, Dr.
Strasheim.
Mayor Patterson suggested Councilman Markel be named as Council
liaison for over all Bicentennial programs. (CA 42.5)
FLOWER VENDING PERMITS On motion of Councilman
Griset, seconded by
Mayor Patterson, and
carried on a S - 1 vote,
with Councilman Markel dissenting, Council denied the request
for flower vending permits at various intersections of the City
made by J. B. Gibbs of the Flower Shack, which had been referred
to staff on November 5, 1973.
Prior to the motion, Billy Hall, Executive Director of the
City Center Association, spoke in opposition, and a letter dated
December 10, 1973 was received from the Chamber of Commerce oppos-
ing the permits.
CITY COUNCIL MINUTES 469 DECEMBER 17, 1973
Jesse B. Gibbs, 908 S. Harbor, spoke in favor of the permits.
(CA 45.1)
RECESS
same Councilmen present.
At 4:32 P.M. a
recess was declared.
Council reconvened at
4:45 P.M. with the
ORD. NS-1192 AN ORDINANCE OF THE
MASSAGE ESTABLISHMENTS CITY COUNCIL OF THE
CITY OF SANTA ANA
AMENDING SECTION 22-5
(c) (d) AND (k) OF CHAPTER 22 OF THE SANTA ANA MUNICIPAL
CODE INVOLVING MASSAGE ESTABLISHMENTS 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 91.5)
ORD. NS-1193
AMENDMENT APPLICATION
NO. 726
APPLICATION 726 INITIATED BY THE
AMENDING SECTIONAL DISTRICT MAPS
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF SANTA ANA
APPROVING AMENDMENT
SANTA ANA PLANNING COMMISSION
LISTED IN APPENDIX "A", AND
REZONING ALL THE PARCELS IDENTIFIED IN APPENDIX "B" FROM THEIR
PRESENT ZONING CLASSIFICATION TO THE "0" (OPEN SPACE LAND)
DISTRICT was adopted on motion of Councilman Garthe, seconded
by Councilman Ward, and carried on the following vote:
AYES: Garthe, Ward, Griset, Patterson, Yamamoto, Markel
NOES: None
ABSENT: Evans
A prior motion by Councilman Griset,
man Yamamoto, to adopt Ordinance NS-1193
the following vote:
seconded by Council-
failed to carry on
AYES: Griset, Yamamoto, Patterson
NOES: Ward, Garthe, Markel
ABSENT: Evans
[CA 10)
RES. 73-132 A RESOLUTION OF THE CITY
STOPPING ON FIRST STREET COUNCIL OF THE CITY OF
SANTA ANA RESTRICTING
STOPPING ON CERTAIN AREAS
OF FIRST STREET was adopted on motion of Councilman Griset,
seconded by Councilman Ward, and carried on the following vote:
CITY COUNCIL MINUTES 470 DECEMBER 17, 1973
AYES: Griset,
NOES: None
ABSENT: Evans
Garthe, Ward,
Patterson, Yamamoto, Markel
Prior to adoption of the Resolution, the motion to adopt which
had been tabled at the December 10, 1973 meeting was removed
from the table on the unanimously approved, mo~ion of Councilman
Griset, seconded by Councilman Yamamoto. (CA 18)
RES. 73-145 On motion of Councilman
DISABILITY RETIREMENT Yamamoto, seconded by
DETERMINATIONS Councilman Ward, Council
continued A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA DELEGATING AUTHORITY
TO DIRECTOR OF PERSONNEL TO MAKE DISABILITY RETIREMENT DETERMINA-
TIONS UNDER SECTION 21023.6, GOVERNMENT CODE, pending report and
recommendation from the City Attorney, on a unanimous 6 0 vote.
(CA 50)
RES. 73-154 A RESOLUTION OF THE CITY
ARTERIAL HIGHWAY COUNCIL OF THE CITY OF
FINANCING PROGRAM OF SANTA ANA REQUESTING
THE COUNTY OF ORANGE TO
INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOP-
MENT OF CERTAIN STREETS WITHIN THE CITY OF SANTA ANA was adopted
on motion of Councilman Griset, seconded by Councilman Ward, and
carried on the following vote:
AYES: Griset, Ward, Patterson, Yamamoto, Garthe, Markel
NOES: None
ABSENT: Evans (CA 29.4a)
RES. 73-153 AMENDING SECTION 3 OF
TRAFFIC TECHNICIAN; RESOLUTION NO. 58-281
ENGINEERING AIDE TO ADD CLASS TITLE OF
TRAFFIC TECHNICIAN AND
ENGINEERING AIDE 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: None
ABSENT: Evans (CA 50.1)
The motion further approved the classification specifications
for Traffic Technician and Engineering Aide.
WRITTEN COMMUNICATION On motion of Councilman
BUILDING PERMIT Griset, seconded by
Councilman Ward, and
unanimously carried on
a 6 0 vote, Council received and filed a letter dated
December 3, 1973, from George Shibata, Attorney, appealing
denial of building permit on behalf of Green Thumb Nursery,
1600 South Birch Street, and a letter dated December 14, 1973,
from H. D. Berquist, Jr., Green Thumb International, advising
that Mr. Shibata no longer represents the company. (CA 87)
CITY COUNCIL MINUTES 471 DECEMBER 17, 1973
RES. 73-157
REPEALING RES. 73-81
AND FIXING SALARY OF
CITY ATTORNEY
OF THE CITY OF SANTA ANA was
Yamamoto, seconded by Councilman Ward,
following vote:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
SANTA ANA REPEALING RES.
73-81 AND FIXING THE
SALARY OF THE CITY ATTORNEY
adopted on motion of Councilman
and carried on the
AYES: Yamamoto, Ward, Griset, Patterson, Garthe
NOES: Markel
ABSENT: Evans
A prior motion by Councilman Yamamoto, seconded by Councilman
Ward to adopt RES. 73-157 by title only carried unanimously
(6 - 0); the Mayor read the title of the resolution, which was
not on the public agenda. (CA 50.1; CA 81)
BOND ACT 1974 On motion of Councilman
PLAN FOR EXPENDITURE Griset, seconded by
COUNTY OF ORANGE Ward, and unanimously
carried on a 6 0 vote,
Council referred the letter dated December 1, 1973 from County
Administrative Officer, R. E. Thomas, requesting adoption of
Resolution ratifying Priority Plan for Expenditure for the
County of Orange under the State Beach, Park, Recreational
and Historical Facilities Bond Act of 1974, to the Board of
Parks and Recreation and to the Planning Commission for their
prompt consideration and coordination with the City's Open
Space Priorities Plan and requested reports back in time for
Council to respond to County's deadline of January 18, 1974.
(CA 57.2b)
MINOR EXCEPTION Council considered the
NO. 73-25 letter from Raymond Rangel,
RAYMOND RANGEL 209 E. 4th Street, dated
December 11, 1973, request-
ing Council to reconsider its action on December 10, 1973, to
receive and file the Zoning Administrator's Findings of Fact
denying EX 73-25.
Mr. Rangel spoke in favor of the request for reconsideration,
stating that he had not known of his right of appeal to Council,
and asked that Council approve EX 73-25 to rebuild a retail
clothing store which had burned, with 30% reduction in required
parking.
The Director of Planning stated that the applicant had received
notice of the Findings of Fact denying the Minor Exception; and
had been notified of his right to appeal the denial to Council.
The consensus of Council was that downtown parking problems are
critical; that it would favor relief of any kardship, but that
the lot was too small for the proposed development; that reduction
in parking would not be in the interest of the value of the
property; that substandard, piecemeal development would be in
the disinterest of the entire Redevelopment Area; that parking
requirements should be uniform.
CITY COUNCIL MINUTES 472 DECEMBER 17, 1973
There was no new motion offered, and the previous action of
Council on December 10, 1975, to receive and file, wherein the
Denial by the Zoning Administrator was upheld, was allowed to
stand. (CA 15.2)
AGENDA ORDER The remainder of the
afternoon agenda was
continued to the
evening meeting after
Agenda item 88, on motion of Councilman Griset, seconded by
Councilman Yamamoto, and carried unanimously (6 0)
RECESS Council recessed at
5:20 P.M. and reconvened
at 7:35 P.M. with the
same Councilmen
present. Following the Pledge of Allegiance, the Invocation
was given by Mayor Patterson.
COMMUNITY SPOTLIGHT
Y.M.C.A.
The Mayor acknowledged the
Santa Ana-Tustin Y.M.C.A.
who had been invited to
give a presentation.
Tony Coco, Vice Chairman of the Board, introduced E. M. Anderson,
Executive Director, who told of the fifty-year anniversary
celebration of the Santa Ana-Tustin "Y", which was founded in
the area in 1922. He described some of the "Y" programs,
including new programs for physically and mentally handicapped
youngsters, and Orange County Probation Department referrals;
and gave a slide presentation depicting trips, caravans and
activities. (CA 9.3)
RECESS At 7:50 P.M. a recess
was declared to afford
Council an opportunity
to view the "Y" exhibits
which were displayed in the Council Chamber. Council reconvened
at 8:00 P.M. with the same Councilmen present.
SANDPOINTE PARK; Council considered the
GRANT AND MACARTHUR letter dated November 24,
PARK SITES 1973, from William Heying,
President of Sandpointe
Homeowners Association, requesting lighting and additional
police protection for Sandpointe Park, and landscaping for
Grant Park site.
Approximately thirty residents of the Sandpointe Park area
attended the meeting in support of the requests, and the
following persons spoke in favor:
William Heying, 3721 South Ross Street
Milton Agnew, 402 West Alpine
David Jungkman, 601 West Columbine
Paul Williams, 522 West Orion
CITY COUNCIL MINUTES 473 DECEMBER 17, 1973
The proponents stated that more open play area was needed in
the neighborhood for older children; that there had been teenage
vandalism at Sandpointe; that efforts were being made to work
with the young people, but that lighting and additional police
patrol and enforcement were needed; that they had discussed
the problems with staff; and that a partial solution would be
to transfer $125,000 from the MacArthur Park funds to Grant
Park for development of an open field park.
The City Manager reported that the lighting for Sandpointe Park
would have a bid opening on January 28, 1974, and was scheduled
for completion in July 1974; that the $375,000 budgeted for
MacArthur Park was more than enough for minimal development,
but would not include funds for a proposed recreation building; and
that minimal development of Grant Park would require an estimated
$125,000, which would include recreational equipment and field
facilities.
Tony Fillicicchia, 413 West Alpine Avenue, resident of the Grant
Park area, stated that he was in favor of the proposal,
There were no representatives present from the MacArthur Park
area.
On motion of Councilman Griset, seconded by Councilman Garthe,
and carried on a 5 1 vote, with Councilman Yamamoto dissent-
ing, Council approved in principle the transfer of funds from
MacArthur Park to Grant Park in order to effect minimal develop-
ment of both park sites. (CA 52)
COMMUNITY CHILDREN'S Council considered the
CONCERTS letter dated December 11,
1973, from Rabbi Frank
Stern, Temple Beth Sholom,
requesting support and a $200 donation from the City for the
Community Children's Concerts program.
Cantor J. Paul Kahn described the goals and achievements of
the program; and stated that Temple Beth Sholom is only one of
many community organizations who sponsor it; that the program is
not religious, but educational and recreational in nature; that
the City of Orange had contributed $200.
In response to a question from Councilman Griset as to the
legality of the proposed donation, the City Attorney stated
that a civic kind of program would be proper use of public funds.
On motion of Councilman Griset, seconded by Councilman Ward,
carried on a 4 2 vote, with Councilman Markel and Mayor
Patterson dissenting, Council referred the request to staff
for report at its January 7, 1974 meeting.
and
Prior to the vote, Mayor Patterson stated he would vote NO
because he was prepared to vote in favor of the request
immediately.
The consensus of Council was that it wished to encourage
program, but that a cash donation might not be the best
available means of assistance. (CA 9.3)
the
CITY COUNCIL MINUTES 474 DECEMBER 17, 1973
TENTATIVE PARCEL MAP NO. 838 The Director of Planning
TENTATIVE TRACT MAP NO. 8494 orally reviewed his
EARL DEVELOPMENT CO. reports on the Maps,
directing Council's atten-
tion particularly to the Conditions, Covenants and Restrictions
(CC and R's) relative to integrated parking areas, common
driveways and prior Planning Department approval of design and
architectural standards for buildings and structures to insure
a cohesive development, as originally presented by the Earl
Development Company.
Mr. John Murphy, Attorney, 401 Civic Center Drive, representing
the applicant, spoke in favor of the approval of the Maps, but
opposing the CC and R's (Conditions 7 a and 7 b of the Planning
Director's Report on Tentative Parcel Map #838, and Conditions
13 a and 13 b of the Planning Director's Report on Tentative
Tract Map No. 8494).
Mr. Murphy stated that the C C and R's are illegal, and that the
Council's authority is limited by the State Subdivision Map Act
and he read from the Act the definitions of "design and improve-
ment''; that there is nothing in the definition of "design" that
would allow the City to impose the requirement of architectural
review or the requirement that all parking areas be common,
integrated or shared; that there is nothing in the definition
of "improvement" to authorize or empower the City to impose the
requirements contemplated by the C C & R's; and that they are
therefore illegal, unfair, and would substantially impair the
marketability of the properties.
The City Attorney responded to the Mayor's request for an opinion
as to the legality of the C C and R's by advising that there
is enough area of doubt to support the Council if it were to
decide to impose the conditions. He called Council's attention
to the Negative Declarations filed with the Maps indicating
that they would have no adverse impact on the environment, and
that therefore environmental impact reports are not required.
He stated that if Council were of such a mind, it could make
a finding that an environmental impact report would be required
if the C C & R's were not imposed; and that possibly the EIR
would lead to the imposition of conditions that would be less
onerous to the developer.
The consensus of the Council was that the development of the
properties should not be piecemeal; that there should be uniform
planning of the area; that cooperative parking is an ideal tool
for cohesive development; and that there was no objection to
lot splits if there were an integrated plan.
RECESS
the same members present.
The Mayor declared a five-
minute recess at 9:40
P.M., and Council recon-
vened at 9:50 P.M. with
TENTATIVE PARCEL MAP NO. 838
TENTATIVE TRACT MAP NO. 8494 - Continued
Mr. Murphy stated that of the three alternatives available to
the applicant; i.e., continuance of the matter; preparation of
an EIR; or approval with the C C and R Conditions, the latter
was the most acceptable.
CITY COUNCIL MINUTES
475 DECEMBER 17, 1973
Mr. Gene Hoggatt, Vice President, Earl Development Corporation,
2101 East Fourth Street, in reply to a direct question from
the Mayor, stated that his company would forego a legal challenge
to the validity of the C C and R's imposed by the City, and
would be willing to waive its right to such challenge as a
condition precedent to the approval of the Council.
Tentative Parcel Map No. 838 and Tentative Tract Map No. 8494
were approved, subject to the conditions contained in the Plan-
ning Director's reports, both dated November 30, 1973, and sub-
ject to the subdivider waiving his right to contest the condi-
tions in court; the alley requirement was waived; and the
Negative Declaration was received and filed, on the unanimously
(6 0) approved motion of Councilman Griset, seconded by
Councilman Ward.
CIVIC CENTER AUTHORITY On motion of Councilman
FINANCIAL STATEMENTS Griset, seconded by
Councilman Yamamoto, and
unanimously carried on
a 6 - 0 vote, Council received and filed the Auditors Report
for'year-ended June 30, 1973, prepared by V. A. Heim, Auditor
of the Authority, prepared in accordance with the City-County
Joint Powers agreement, January 17, 1966. CAgreement)
FINANCIAL STATEMENTS On motion of Councilman
CITY Griset, seconded by
Councilman Yamamoto, and
carried unanimously (6 - 0),
Council received and filed the Report of Examination by City
Auditor for fiscal year ending June 30, 1973, prepared by
Diehl Evans and Company. (CA 65.4)
CULTURAL HERITAGE
EVALUATION COMMITTEE
TIME CAPSULE AND PLAQUES
with Councilman Markel voting NO,
action:
On motion of Councilman
Griset, seconded by
Councilman Yamamoto, and
carried on a S 1 vote,
Council took the following
l)
Approved the proposed contents for the 1974
time capsule contained in the Cultural Heritage
Committee report dated November 12, 1973, with
the addition of "Your City Government 1973"
booklet, Council business cards, and a photo-
graph of Council;
z)
Instructed the Committee to prepare items for
inclusion in the time capsule and to coo erate
with the City Manager in preparation andPconduct
of 1974 time capsule ceremony;
3)
Suggested several alternative locations for the
time capsule, i.e. Council Chamber lobby, City
Hall lobby, courtyard, flagpole at Ross Street
entrance; and requested a staff report;
4)
Instructed the City Manager to coordinate
arrangements for 1974 time capsule ceremony on
February 9, 1974.
CITY COUNCIL MINUTES 476 DECEMBER 17, 1973
On motion of Councilman Griset, seconded by Councilman Ward,
and carried unanimously (6 - 0), Council
1)
Approved the proposed additional items for enclo-
sure in the time capsule listed in the report of
the Cultural Heritage Committee dated December 5,
1973;
Instructed staff to initiate communication with the
school administration to co-sponsor with the City
Council an essay and picture contest with the
intent of including selected entries as enclosures
in the time capsule.
On motion of Councilman Griset, seconded by Councilman Ward, and
unanimously carried (6 - 0), Council approved the recommendations
contained in the report of the Cultural Heritage Committee dated
December 4, 1973, for disposition of the following plaques:
1) Building Erection
Displayed and retained
by Bowers Museum;
2) Santa Ana City Hall
Displayed and retained
by Bowers Muesum;
3) Native Sons of Golden
West
Installed as threshold
of New City Hall.
During the discussion of the time capsule recommendations,
Councilman Markel urged Council to request assistance from
those City founders whom he had listed in connection with the
Bicentennial (Council Minutes, page 469). Mayor Patterson
suggested that Councilman Markel be designated to act as Council
liaison in all matters related to the time capsule; however,
Councilman Markel stated that he would not accept.
Councilman Markel requested Council approval for his contribution
to the time capsule of an item which would not be publicly
identified; the consensus of Council was that identification
of all items to be included should be public information.
(CA 85.1c; CA 85.1b)
ENERGY CRISIS The motion by Councilman
STATUS SUMMARY Griset, seconded by
Councilman Ward, to receive
and file the report from
the Director of Public Works dated November 28, 1973, entitled
"The Energy Crisis", which was tabled at the December 10
meeting, was removed from the table on the unanimously carried
(6 - 0) motion of Councilman Ward, seconded by Councilman
Yamamoto.
Following discussion, the original motion carried on a unanimous
6 0 vote, with the following amendments to Category 1 of the
report, which were voted upon separately:
Item 11, Refuse Collection, was given a higher
priority, to follow Item 5, on a unanimous 6 - 0
vote;
Item 10, Animal Control,
to follow Item 18, on a
Yamamoto dissenting;
was given a lower priority,
5 1 vote, with Councilman
CITY COUNCIL MINUTES 477 DECEMBER 17, 1973
Item 8, Police Investigation, was given a higher
priority to precede Item 6, on a S 1 vote, with
Mayor Patterson dissenting.
Council considered the report of the Director of Public Works
dated December 10, 1973, entitled "Conservation of Energy".
A motion was made by Councilman Griset, seconded by Councilman
Ward, to receive and file the report, which carried unanimously
(6 - 0).
Prior to the vote, an amendment to the motion by Mayor Patterson,
seconded by Councilman Ward, and carried by informal unanimous
consent, removed Items 24 and 25 from the list of conservation
ideas for separate consideration.
A motion by.Councilman Ward, seconded by Councilman Garthe, to
direct the Mayor to draft a letter to City gas stations support-
ing the National policy regarding closing on Sunday (Item 24)~
failed to carry on the following vote:
AYES: 'Ward, Garthe, Markel
NOES: Griset, Patterson, Yamamoto
ABSENT: Evans
Mayor Patterson's motion to support a fair and equitable
National motor vehicle gas rationing program (Item 24), died
for lack of a second.
A motion by Mayor Patterson, seconded by Councilman Ward to
support higher taxes on motor fuel (Item 24), with the proceeds
to go to development of public transportation, failed to carry
on the following vote:
AYES: PAtterson, Ward
NOES: Griset, Yamamoto, Garthe, Markel
ABSENT: Evans
On motion of Mayor Patterson, seconded by Councilman Garthe,
and unanimously carried (6 - 0), Council supported development
of any available additional sources of motor fuel [~tem 25),
including nuclear, hydro power, and shale oil deposits.
(CA 145.5)
NATURAL GAS On motion of Councilman
CONVERSION FOR Griset, seconded by
VEHICLES Councilman Ward, and
unanimously carried
(6 - 0), Council received and filed the report from the
City Manager dated December 11, 1973 entitled "Conversion of
City Fleet Vehicles to Natural Gas". (CA 145.5)
APPRAISAL OF THE On motion of Councilman
GARDEN GROVE WATER Griset, seconded by
SYSTEM IN SANTA ANA Councilman Ward, and
unanimously carried (6
Council received and filed the report from the City Manager
dated December 6, 1973, entitled "Appraisal of the Garden
Grove Water System in Santa Ana". (CA 12)
0)
CITY COUNCIL MINUTES 478 DECEMBER 17, 1973
RELOCATION OF
FIRE STATION NO. 4
(6 - 0), Council
On motion of Councilman
Garthe, seconded by
Councilman Yamamoto, and
unanimously carried
1)
Authorized purchase of property on the corner
of Glenwood and Flower with the $75,000
allocated to the Fire Department in the revenue
sharing funds Entitlement Period IV, or less;
2)
Authorized sale of property at Shelton and
Segerstrom which had been purchased for a
proposed fire station location;
Authorized disposition of Fire Station 4
current building and property in accordance
with Municipal Code, if it cannot be used
for other City purposes,
Prior to the vote, Fire Chief Eugene Judd gave a slide
presentation, which demonstrated need for relocation of
the fire station. (CA 64)
PLANNED RESIDENTIAL On motion of Councilman
DEVELOPMENT ZONE Griset, seconded by
(PRD) Councilman Garthe,
and unanimously carried
(6 0), Council instructed the Planning Department to proceed
with the study proposed in interim report of the Planning
Director dated December 6, 1973, entitled "PRD Zone", and
provide a status report within sixty days. (CA 78)
CONFLICT OF INTEREST On motion of Councilman
LEGISLATION Griset, seconded by
Councilman Yamamoto, and
carried unanimously
(6 0), Council received and filed the second interim report
of the City Attorney dated December 10, 1973, regarding recent
State Conflict of Interest legislation. (CA 57)
MOSQUITO ABATEMENT On the unanimously
DISTRICT carried [6 0) motion
of Councilman Ward,
seconded by Councilman
Griset, Council received and filed the staff report on the
Mosquito Abatement District dated November 15, 1973, and
removed the item from the Council referral list. (CA 54)
INDUSTRIAL LAND USE On the unanimously (6 - O)
MINI-WAREHOUSE carried motion of
Councilman Yamamoto,
seconded by Councilman
Garthe, Council instructed staff to undertake an Industrial
Land Use Study for a period of approximately 90 days and refer
Study to the Planning Commission for review, approval and
recommendation to the City Council.
Prior to the motion, the Director of Planning gave a slide
presentation of existing mini-warehouse and industrial
properties. (CA 78) '
CITY COUNCIL MINUTES
479
DECEMBER 17, 1973
ASSESSMENT DISTRICT On motion of Councilman
NO. 237 Garthe, seconded by
QUIGLEY LANE Councilman Griset, and
unanimously carried
(6 0), Council accepted the petition requesting formation of
Assessment District 237, sewer improvements on Quigley Lane;
and authorized preparation of plans and specifications for
the District. (CA 90)
CITY OF PETALUMA On motion of Councilman
CASH CONTRIBUTION 6riset, seconded by
Mayor Patterson,
and carried on a S 1
vote, with Councilman Markel dissenting, Council instructed
staff to forward a check for not more than $2S0 to the City
of Petaluma with the requirement that it be used only for
the purpose of offsetting legal expenses incurred in the case
of Construction Industry Association of Sonoma County, et al
v. City of Petaluma.
ADJOURNMENT
Councilman Griset,
Council adjourned at
11:35 P.M. on the
unanimously carried
(6 0) motion of
seconded by Councilman Garthe.
Clerk of the Council
CITY COUNCIL MINUTES
480 DECEMBER 17, 1973
ASSESSMENT DISTRICT On motion of Councilman
NO. 237 Garthe, seconded by
QUIGLEY LANE Councilman Griset, and
unanimously carried
(6 - 0), Council accepted the petition requesting formation of
Assessment District 237, sewer improvements on Quigley Lane;
and authorized preparation of plans and specifications for
the District. (CA 90)
CITY OF PETALUMA On motion of Councilman
CASH CONTRIBUTION Griset, seconded by
Mayor Patterson,
and carried on a 5 - 1
vote, with Councilman Markel dissenting, Council instructed
staff to forward a check for not more than $250 to the City
of Petaluma with the requirement that it be used only for
the purpose of offsetting legal expenses incurred in the case
of Construction Industry Association of Sonoma County, et al
v. City of Petaluma.
ADJOURNMENT
Councilman Griset,
Council adjourned at
11:35 P.M. on the
unanimously carried
(6 - 0) motion of
seconded by Councilman Garthe.
Clerk of the Council
CITY COUNCIL MINUTES
480 DECEMBER 17, 1973