HomeMy WebLinkAbout09-16-1974MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
September 16, 1974
The Regular Meeting of the City Council was called to order
by Mayor Jerry M. Patterson at 2:05 P. M. in the Council
Chambers of the City Hall, 22 Civic Center Plaza, with the
following Councilmen present: J. Ogden Markel, John Garthe,
Harry K. Yamamoto, Vernon S. Evans, James E. Ward, and Mayor
Jerry M. Patterson. Councilman Griset arrived at 2:10 P. M.
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.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge
of Allegiance, Council-
man Markel gave the
Invocation. (CA 80.17)
RECESS
HOUSING AUTHORITY
2:10 P. M., Council reconvened,
At 2:07 P. M., Council
recessed for the Regu-
lar Meeting of the
Housing Authority. At
with the same members present.
CONSENT CALENDAR
requested by Councilman Markel;
cilman Garthe; Items 5B and 5C,
Yamamoto;
The following Agenda
items were removed from
the Consent Calendar:
Items 3B, 3C, and 16A,
Item 7C, requested by Coun-
requested by Councilman
Item 10B, requested by Councilman Ward.
On motion of Councilman Evans, seconded by Councilman Ward,
and unanimously carried, Council affirmed the recommended
action on the following Consent Calendar items:
BID CALLS
following:
Approved plans and
specifications and
authorized advertise-
ment of bids on the
SPEC 74-021 - Seven or more UHF Mobile Radios.
PROJECT 1345 - Widen 17th Street from Ross
Street to Main Street.
PROJECT 6087A - Lowell School Ballfield Backstops.
PROJECT 6090A - Muir School Ballfield Backstops.
(CA 89)
AGREEMENTS
Approved and authorized
the Mayor and Clerk to
execute the following
agreements:
PRIVATE PIPELINES ACROSS WARNER WEST OF SUSAN
Between the City and Packaging Products and
Design Corporation. (A-74-60)
CITY COUNCIL MINUTES 343 SEPTEMBER 16, 1974
ALCOHOLIC BEVERAGE
LICENSE APPLICATION
Received and ordered
filed the following
Alcoholic Beverage
License Application:
FRANK'S ENTERPRISES, 140 MacArthur. Stock
Transfer Section 24071.1 - Off Sale General.
(CA 146)
VARIANCES Received and ordered
filed Final EIR for
Mercy General Hospital
prepared by Boyle
Engineering Corporation and Planning Commission Finding of
Fact on the following:
VA 74-22 BRISTOL GENERAL HOSPITAL COMPANY -
To construct a building addition to an
existing hospital in the R 3 District.
2522-2620 South Baker Street. APPROVED.
Received and ordered filed Negative Declaration Form
and Planning Commission Finding of Fact on the following:
VA 74-23 CHARLES & SALLY COHEN - To allow
a retail fur store on property in the R 2
District, waiving the required 10' rear
yard and a portion of the required parking
area. DENIED. (CA 13)
PUBLIC
PROPERTY USE
Approved the following
applications to use
public property:
BIKE-A-THON - An application filed by Santa
Ana Jaycees, Carl's, Jr., and KEZY Radio
Station to solicit pledges by bike riders
for the American Cancer Society. A specific
route will be followed by bikers, stopping
at designated checkpoints, mainly Carl's,
Jr., to collect pledges and to send pledges
to the American Cancer Society office. The
route will be used on October 19, 1974, from
7:30 A. M. to 5:00 P. M.
YOUTH FIRE ENGINE DERBY - An application
filed by Santa Ana Fire Department to stage
a soapbox fire engine derby for City youth,
from the Newport Freeway to Grand Avenue
on Warner Avenue, on October 5, 1974, from
9:00 A. M. to 1:00 P. M.
(CA 45.1)
DEEDS, NO CASH Received and ordered
GRANTEE, CITY filed a report of No-
Cash Deeds accepted by
the City Manager,
pursuant to Resolution #69-156, from September 4 through
September 10, inclusive. (CA 155)
TENTATIVE PARCEL MAP Received and ordered
filed the Negative
Declaration Form and
approved the following
maps, subject to conditions contained in the Planning
CITY COUNCIL MINUTES 344 SEPTEMBER 16, 1974
Director's report dated July 22, 1974, and waived
the alley requirements:
TENTATIVE PARCEL MAP #886 - Filed on June 24,
1974, by Royale Convalescent Hospital, creat-
ing three (3) C 2 parcels; proposed parcel #1
to be used for residential purposes; parcel
#2 is a convalescent hospital; and parcel #3
to be used for commercial uses; located gener-
ally on the south side of Warner Avenue, 829
feet east of Bristol Street; waiver of alley
requirement requested. (CA 25)
SURPLUS PROPERTY
Declared surplus
and authorized the
demolition of the
following property:
SPR NO. 74-12 2-Unit commercial building
(restaurant and cleaners), located on the
north side of 17th Street, west of Broadway,
309 West 17th; other structure detached
restrooms. (CA 45)
PROCLAMATIONS
Mayor:
Received and ordered
filed the following
report of Proclama-
tion issued by the
FIRE PREVENTION WEEK - October 6-12, 1974
(CA 46)
BUDGET TRANSFER
Authorized transfer of
funds as follows:
APPROPRIATION ADJUSTMENT NO. 30 To transfer:
From Account No. Amount To Account No. Amount
403-117-611
(Project 8029 -
Site Acquisition
Fire Station #4)
$1,000 403-117-621 $1,000
(Project 8030
Drafting Pit
Fire Station #9)
(CA 65.3)
RIGHT-OF-WAY
CERTIFICATION
PROJECT 1345
and Clerk:
Approved the following
Certification and
authorized its execu-
tion by the Mayor
Right-of-Way Certification for the
widening of 17th Street from Main Street
to Ross Street (Project 1345), Arterial
Highway Financing Program Project No. 669.
CONSENT CALENDAR FINIS
CITY COUNCIL MINUTES 345 SEPTEMBER 16, 1974
AGREEMENT Councilman Ward's
BOWERS MUSEUM EXHIBIT motion, seconded by
SECURITY GUARDS Councilman Garthe, to
approve the following
Agreement and to authorize its execution by the Mayor and
Clerk, carried unanimously:
BOWERS MUSEUM EXHIBIT SECURITY GUARDS -
Between the City and International City
Security, Inc., to hire two security
guards to cover the period of the pre-
Columbian exhibit from September 21, 1974,
through December 1, 1974. (A-74-61)
BOWERS MUSEUM COOPERATIVE Councilman Garthe's
PURCHASE OF CAPITAL EQUIPMENT motion, seconded by
Councilman Yamamoto,
to approve the fellow-
ing Agreement and to authorize its execution by the Mayor
upon receipt of a copy fully executed by the Foundation,
and to authorize the immediate purchase of those items for
which the City is responsible under the Agreement, was
unanimously carried:
BOWERS MUSEUM COOPERATIVE PURCHASE OF CAPITAL
EQUIPMENT - Between the City and the Charles
W. Bowers Memorial Museum Foundation. (A-74-62)
ALCOHOLIC BEVERAGE LICENSE Council received and
APPLICATIONS ordered filed the
following Alcoholic
Beverage License Ap-
plications on motion of Councilman Evans, seconded by
Councilman Ward, and carried, with dissenting vote by
Councilman Yamamoto:
SARANGO, EDILBERTO, 2216 West Fifth Street.
Person to Person - On Sale Beer.
WONG, WILBUR, 402 West 17th Street. Person
to Person - Sale Beer.
(CA 146)
VARIANCE Council received and
VA 74-27 ordered filed Negative
JOHN M. KELSCH Declaration Form and
Planning Commission
Finding of Fact on the following, on motion of Councilman
Garthe, seconded by Councilman Yamamoto, and carried, with
dissenting vote by Councilman Evans:
VA 74-27 JOHN M. KELSCH - To
storage in the C 2 District,
of 4th and Garfield Streets.
allow outdoor
northwest corner
APPROVED. (CA 13)
TENTATIVE PARCEL MAP #894 Council received and
ARTHUR T. SALTZER ordered filed Negative
Declaration Form, and
approved the following
map, subject to conditions contained in the Planning Dir-
ector's report, dated September 10, 1974, and waived the
alley requirements, on motion of Councilman Evans,
CITY COUNCIL MINUTES 346 SEPTEMBER 16, 1974
seconded by Councilman Yamamoto and carried, with dis-
senting vote by Councilman Ward:
TENTATIVE PARCEL MAP ~894 - Filed on August 15
1974, by Arthur T. Saltzer, creating three (3)
C 5 parcels; all proposed parcels to be used
for commercial uses; located generally on the
southeast corner of Santa Clara Avenue and
Tustin Avenue; waiver of alley requirement
requested. (CA 25)
BUDGET TRANSFER Council approved
Appropriation Adjust-
ment No. 29 and autho-
rized the transfer
of funds to hire security guards at Bowers Museum on the
unanimously approved motion of Councilman Evans, seconded
by Councilman Ward:
From Account No. Amount To Account No. Amount
11-221-211 $ 400 11-221-191 $3,450
11-221-311 3,050
$3,450 $3,450
(CA 65.3)
READING WAIVED The full reading of
ordinances and resolu-
tions, the titles of
which appeared on the
Public Agenda, was waived on the unanimously approved motion
of Councilman Evans, seconded by Councilman Griset.
ORDINANCE NO. NS-1219 The following ordin-
CONSTRUCTION AND ABANDONMENT ance was placed on
OF WELLS IN SANTA ANA second reading and
adopted on motion of
Councilman Griset, seconded by Councilman Yamamoto, and
unanimously carried:
ORDINANCE NO. NS-1219 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA ADDING
ARTICLE IV TO CHAPTER 39 OF THE SANTA ANA
MUNICIPAL CODE, PERTAINING TO THE CONSTRUCTION
AND ABANDONMENT OF WELLS WITHIN THE CITY OF
SANTA ANA. (CA 12)
ORDINANCE NO. NS-1233 The following ordin-
FINGERPRINTING FEES ance was placed on
second reading and
adopted on motion of
Councilman Griset, seconded by Councilman Yamamoto, and unani-
mously carried:
ORDINANCE NO. NS-1233 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING SECTION 10-42 OF THE SANTA ANA
MUNICIPAL CODE PERTAINING TO FEES FOR
FINGERPRINTING.
(CA ~, 47) '
CITY COUNCIL MINUTES 347 SEPTEMBER 16, 1974
ORDINANCE NO. NS-1234 The following ordin-
ONE-WAY STREET SOUTHBOUND ance was placed on
POINSETTIA STREET second reading and
adopted on motion of
Councilman Griset, seconded by Councilman Garthe, and unani-
mously carried:
ORDINANCE NO. NS-1234 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING SECTION 36-193 OF THE SANTA ANA
MUNICIPAL CODE TO PROVIDE FOR A ONE-WAY
STREET SOUTHBOUND ON POINSETTIA STREET
BETWEEN WASHINGTON AVENUE AND FOURTEENTH
STREET.
(CA ~9)' ,-
ORDINANCE NO. NS-1225 The following ordin-
MINI-WAREHOUSES ance was placed on
first reading on motion
of Councilman Yamamoto,
seconded by Councilman Griset, and unanimously carried:
ORDINANCE NO. NS-1225 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA AMEND-
ING CHAPTER 41 OF THE SANTA ANA MUNICIPAL
CODE BY ADDING SECTION 41-167 DEFINING MINI-
WAREHOUSES AND BY AMENDING SECTIONS 41-377,
41-395, 41-472, 41-489 AND 41-521 TO REQUIRE
CONDITIONAL USE PERMITS FOR MINI-WAREHOUSES.
(CA 10.5, 78)
ORDINANCE NO. NS-1226
TEMPORARY AND PAINTED SIGNS IN
THE CIVIC DEVELOPMENT DISTRICT;
LANDSCAPING FOR PARKING LOTS;
UPGRADING OF THE LANDSCAPE REQUIRE-
MENTS FOR "B" MODIFIED LOTS DEVE-
LOPED FOR PARKING; R ZONING DIST-
RICTS; APPROVAL OF TEMPORARY
TRAILERS; HEIGHT LIMITATIONS AND
MISCELLANEOUS APPURTENANCES IN THE
R ZONING DISTRICTS; REQUIREMENT FOR
STREET SIDE YARD LANDSCAPING IN
THE P AND LP ZONING DISTRICTS;
REQUIREMENT OF APPROVED CONDITIONAL
USE PERMIT OF COMMERCIAL STABLES
The following ordin-
ance was placed on
first reading on motion
of Councilman Griset,
seconded by Councilman
Garthe and unanimously
carried:
ORDINANCE NO. NS-1226 -
AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING
CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE BY
AMENDING SECTION
41-619.4(4) BY ADDING
SUBDIVISIONS (E) AND
(F) THERETO PROHIBITING CERTAIN TEMPORARY AND PRINTED SIGNS IN
THE CD DISTRICT; BY AMENDING SECTION 41-618(i) TO REQUIRE
LANDSCAPING FOR PARKING LOTS CONSTRUCTED OR EXPANDED; BY
AMENDING SECTION 41-611(b)(5) TO UPGRADE THE LANDSCAPING
REQUIREMENTS FOR "B" MODIFIED LOTS; AMENDING SECTION 41-607
BY ADDING SUBSECTION (h) THERETO REAFFIRMING THE PROHIBITION
OF COMMERCIAL ACTIVITIES IN THE Ri DISTRICT AND PROHIBITING
THEM IN THE R2, R3, R3H AND R4 DISTRICTS; BY AMENDING SECTION
41-629 PROVIDING FOR ZONING ADMINISTRATOR APPROVAL OF TRAILERS
USED FOR OFFICE SPACE IN CONJUNCTION WITH PERMITTED USES IN
PROFESSIONAL AND COMMERCIAL DISTRICTS; BY AMENDING SECTION
41-607(i) THERETO PROHIBITING THE PLACEMENT OF VARIOUS OBJECTS
WITHIN THE FRONT YARD SETBACK; BY AMENDING SECTION 41-702(e)
TO INCLUDE SPECIFIED STRUCTURES IN COMPUTING HEIGHT LIMITA-
TIONS IN RESIDENTIAL DISTRICTS; BY AMENDING SECTIONS 41-316
AND 41-330 TO REQUIRE SIDEYARD LANDSCAPING IN PROFESSIONAL
DISTRICTS; BY AMENDING SECTION 41-201(h)(?) TO REQUIRE CON-
DITIONAL USE PERMITS FOR COMMERCIAL STABLES. (CA-t0.1) ~ ~
CITY COUNCIL MINUTES 348 SEPTEMBER 16, 1974
ORDINANCE NO. NS-1232 The following ordin-
MOBILE HOMES ance was placed on
first reading on motion
of Councilman Evans,
seconded by Councilman Griset, and unanimously carried:
ORDINANCE NO. NS-1232 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING SANTA ANA MUNICIPAL CODE SECTION
41-804 PROVIDING FOR THE MAINTENANCE OF A
THREE FOOT YARD BETWEEN MOBILE HOME SITE
LINES AND ANY MOBILE HOME OR STRUCTURE.
(CA
RESOLUTION NO. 74-150 The following resolu-
ORANGE COUNTY NARCOTIC INDEX tion was adopted on
PARTICIPATION motion of Councilman
Evans, seconded by
Councilman Griset, and unanimously carried:
RESOLUTION NO. 74-150 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING AGREEMENTS WITH OTHER ORANGE
COUNTY CITIES FOR PARTICIPATION IN THE
ORANGE COUNTY NARCOTICS INDEX AND AUTHORI-
ZING THE MAYOR TO EXECUTE SAID AGREEMENTS.
(CA 112.6b, l-~n-l~5)
RESOLUTION NO. 74-149 The following resolu-
PROJECT 1352 tion was adopted on
motion of Councilman
Griset, seconded by
Councilman Garthe, and unanimously carried:
RESOLUTION NO. 74-149 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA RE-
QUESTING THE COUNTY OF ORANGE TO ALLOCATE
ADDITIONAL FUNDS FROM ITS ARTERIAL HIGHWAY
FINANCING PROGRAM FUND FOR THE DEVELOPMENT
OF SEGERSTROM AVENUE FROM HARBOR BOULEVARD
TO THE SANTA ANA RIVER.
(CA 29.4a, f>~3)
RECESS
with the
same Councilmen present.
At 2:43 P. M., a
recess was called
and Council recon-
vened at 3:00 P. M.,
PORNOGRAPHIC NEWSPAPER Letter dated Sept-
VENDING MACHINES ember 9, 1974, regard-
ing pornographic news-
paper vending machines,
from Norma G. Wurzer, 2301 North Wright Street, and enclo-
sures, were considered by Council. On motion of Councilman
Griset, seconded by Councilman Markel, and unanimously car-
ried, this matter was continued to the last agenda item on
the evening agenda. (CA 153)
CITY COUNCIL MINUTES 349 SEPTEMBER 16, 1974
EMPLOYEE RESIDENCE
REQUIREMENT
employee residence requirement, was
The letter dated Sept-
ember 4, 1974, from the
Chairman of the Personnel
Board, pertaining to
received by Council.
On motion of Councilman Garthe, seconded by Councilman Ward,
with dissenting vote by Councilman Yamamoto, Council directed
that the matter be held in abeyance until after the November
election. (CA 50)
INTERGOVERNMENTAL COORDINATING Memorandum dated Sept-
COUNCIL RESOLUTION SERVICE ember 11, 1974, from
the City Attorney, and
letters dated July 1,
1974, and August 22, 1974, with attachments from the Chair-
man, Legislative Liaison Advisory Committee, ICC, regarding
resolution service for Orange County cities were received
by Council.
On motion of Councilman Ward, seconded by Councilman Griset,
and unanimously carried, Council directed the City Clerk
to forward to the ICC Executive Director all resolutions of
the City of Santa Ana expressing a policy, or position, taken
by the City on any issue of local, state, or nationwide
concern which may affect, or be of possible interest to
most Orange County cities and the County of Orange.
(CA 112.13b)
ABATEMENT OF VEHICLE
MR. G. NERISON
from the Police
owned by Mr. G.
by Council.
Reports dated Sept-
ember 4, 1974, and
September 11, 1974,
with attachments,
Chief, regarding abatement of vehicle
Nerison, 1008 North Jackson, were received
Mr. Dale Elsberry, Attorney at Law, 517 North Bristol,
representing Mr. G. Nerison, stated that the statutes
and ordinances are not applicable in this case because
the car was in good shape and improvements had been
made on it with new parts and tires, and that the pur-
pose of the ordinance is to abate a nuisance; that the
motor had been removed and that Mr. Nerison was looking
for a place to store it; and he had so informed Officer
Flannery. He further stated that the Notice had nothing
in it to indicate that the vehicle would be destroyed.
He requested Council to consider payment to Mr. Nerison
for damages, in the amount of $3,000, which can be sub-
stantiated by invoices and receipts for parts and improve-
ments on the car. He considered the '58 DeSoto a classic
car.
On motion of Councilman Griset, seconded by Councilman
Yamamoto, and carried, with dissenting vote by Council-
man Markel, Council denied the appeal. (CA 11.3)
CONFERENCE ATTENDANCE Memorandums dated
PARTIAL REIMBURSEMENT September 4 and
September 6, 1974,
from the Director of
Personnel regarding partial reimbursement request to defray
expenses to the International Association of Chiefs of Police
CITY COUNCIL MINUTES 350 SEPTEMBER 16, 1974
Annual Conference in Washington, D. C., for Richard
Grace, Chairman of the Personnel Board, was considered
by Council.
On motion of Councilman Evans, seconded by Councilman
Yamamoto, and carried, with dissenting vote by Council-
man Markel, Council denied the request.
Prior to the motion, Council reaffirmed its policy to
authorize Board and Commission member attendance and
reimbursement of expenses for those conferences which
directly relate to the Board or Commission function,
providing the requests for attendance have been approved
by action of the Board or Commission affected.
(CA 50.7)~
COUNCIL REFERRAL ITEMS Council received and
ordered filed the
following reports on
staff referral items
and instructed the Clerk to delete them from the Council
Referral Summary, on the unanimously approved motion of
Councilman Evans, seconded by Councilman Griset:
Referral Item 109A - Downtown Parking
Lots Report dated 9/6/74. (CA 82.8, 18.7)
Referral Item 136 - Bower's Museum Balcony -
Report dated 9/10/74. (CA 85)
Referral Item 138 - Vandalism to Santiago
Park Bowling Green and Clubhouse - Report
dated 9/9/74. (CA 52)
Referral Item 130 - Santiago Park Fencing
Report dated 5/29/74. (CA 52)
Referral Item 141 - Automatic Lights for
Tennis Courts - Report dated 9/11/74. (CA 52)
Referral Item 150 - Park Identification
Program - Report dated 9/11/74. (CA 52)
VARIANCE 72-42 The report dated
MARTIN TREVINO September 10, 1974,
from the Director of
Planning pertaining
to VA 72-42 - 918 North Bewley, filed by Martin Trevino to
relocate four duplexes onto an R 2 parcel containing more
than one-half acre of land area (37,894 square feet or .86
acres) was received and ordered filed by Council on motion
of Councilman Griset, seconded by Councilman Evans, and unani-
mously carried. (CA 13)
COUNCIL REFERRAL ITEM 69
WALLS, FENCES & BARRIERS
and instructed the Clerk to delete
Council received and
ordered filed the
following report on
staff referral item
it from the Council
Referral Summary, on motion of Councilman Griset, seconded
by Councilman Yamamoto, and carried, with dissenting vote
by Councilman Evans:
Referral Item 69 - Walls, Fences & Barriers
Report dated 9/10/74. (CA 78)
CITY COUNCIL MINUTES 351 SEPTEMBER 16, 1974
COUNCIL REFERRAL ITEM 151 The report dated
ORANGE COUNTY GROWTH POLICY September 11, re-
garding Council Refer-
ral Item 151, per-
taining to Orange County Growth Policy, was considered by
Council. On motion of Councilman Ward, seconded by Council-
man Evans, Council moved to schedule the proposed growth
policy for the City for a joint study session of City
Council and Planning Commission. This motion was with-
drawn by Councilman Ward, with Councilman Evans' consent.
A substitute motion by Councilman Griset, seconded by
Councilman Markel, to adopt the Growth Policy recommended
by Staff as Santa Ana's tentative growth policy and forward
to ICC was withdrawn by Councilman Griset, with Councilman
Markel's consent.
Councilman Evans' motion, seconded by Councilman Garthe,
to refer the report to the Planning Commission for review
and recommendation, and to delete the item from the
Council Referral Summary, was unanimously carried.
(CA 112)
VILLAGE CREEK, COSTA MESA Council received the
REZONING APPLICATION report dated Sept-
ember 12, 1974, from
the Director of Plan-
ning and a copy of Mayor Patterson's letter, dated Sept-
ember 10, 1974, to the City Council of Costa Mesa, regard-
ing a proposed rezoning application for property located
between Sunflower Avenue and Wakeham Street, west of
Bear Street in Costa Mesa. The property is proposed for
development of a 135-unit condominium project to be known
as "Village Creek."
At the Council meeting on September 9, Council had in-
structed the Mayor to forward a letter to the City Council
of Costa Mesa, in response to a written request from
Mrs. Kathleen Marie Linn, expressing her opinion that
the zone change and proposed condominium would have an
adverse effect on the City of Santa Ana's General Plan for
the Warner South Area.
The Planning Director distributed to Council the response
from the Planning Director of Costa Mesa and stated that
a member of his staff would monitor the hearing held on
the matter by the Costa Mesa City Council in order to
protect the interests of adjacent Santa Ana residents.
The following documents were received and filed on motion
of Councilman Griset, seconded by Councilman Ward, and
carried, with Councilman Evans dissenting:
o Report dated September 12, 1974, from
the Planning Director;
Letter dated September 10, 1974, from
Mayor Patterson to the Costa Mesa City
Council;
Costa Mesa Planning Director's response
to Mayor Patterson's letter, received
September 16.
(CA 10)~ '
CITY COUNCIL MINUTES 352 SEPTEMBER 16, 1974
MANAGEMENT IMPROVEMENT
PROGRAM
ment Improvement Program, was
The report dated
September 6, 1974,
from the City Manager,
pertaining to Manage-
received by Council.
On motion of Councilman Evans, seconded by Councilman Griset,
and unanimously carried, Council approved the proposed
Management Improvement Program and authorized staff to pre-
pare an agreement with a consultant. (CA 79 A)
APPRAISAL FEES
POTATO BIN LITIGATION
appraisal fees in the
by Council.
Memorandum dated
September 9, 1974
from the Deputy City
Attorney, regarding
Potato Bin Litigation was considered
On motion of Councilman Evans, seconded by Councilman
Griset, and unanimously carried, Council approved payments
for appraisal services as follows:
Donahue-LaMoureaux, Inc.
Thomas M. Pike
$4,200.00
2~025.00
Total $6,225.00
(CA 65):
ORAL COMMUNICATIONS Council considered
INTER-COUNTY AIRPORT the letter dated
AUTHORITY September 10, 1974,
from the Chairman
of the Inter-County Airport Authority, inviting Santa Aha
to participate in a Joint Powers ~greement, as a prime
city to undertake a public service project to determine
if there is a practical solution to the deficiencies in
public air service forecast for the Counties of Orange,
southern San Bernardino, and western Riverside, and to
conduct and operate an air carrier airport if a practical
site can be found in the area.
Mr. Joseph Sammon of Seal Beach, Director of Technical
Projects for the .Office of the Project Director for the
Inter-County Airport Authority, invited representatives
of the City to the next regular meeting of the Authority
on Wednesday, September 18, at 10 A. M., in the library
of the City of Chino.
The matter was continued to the October 7 or 14 meeting
to provide staff an opportunity to review the agreement
and to report its recommendation to Council, on the
unanimously carried motion of Councilman Griset, seconded
by Councilman Ward. If possible, the report is to be
carried on the October 7 Agenda. (CA 98)
ADDRESS CHANGE Councilman Griset
COUNCILMAN GRISET stated that he had
sold his house at
2129 West Edinger
and will reside at 1435 South Center Street until April
of 1975, at which time he will move to 2321 North Linwood.
He further stated that for the next couple of weeks
CITY COUNCIL MINUTES 353 SEPTEMBER 16, 1974
he would be temporarily residing at 2321 North Linwood,
pending his move to 1435 South Center, his Ward 4
residence. (CA 80)
SCAG MEETING Councilman Ward
COUNCILMAN WARD reported that Council
should become fami-
liar with the En-
vironmental Protection Agency Parking Management require-
ments and their ramifications to the community. He stated
that Council has been negligent in preparing the citizens
for what may prove to be a traumatic period commencing
January 1, 1975, as a result of these requirements.
Mayor Patterson stated that the City's Washington repre-
sentative, Bill Morgan, will brief Council on this sub-
ject during the dinner recess. (CA 141, 145.8)
SECOND ANNUAL GOLF TOURNMENT Councilman Garthe
COUNCILMAN GARTHE reported on the 2d
Annual Open Golf
Tournament at River-
view Golf Course. He stated that the tournament lasted
two days, and there were 180 participants. He suggested
that the City support the event in a more positive and
tangible manner. (CA 151)
MEXICAN-AMERICAN CEREMONY Mayor Patterson com-
MAYOR PATTERSON plimented the Assist-
ance League of Mexi-
can-Americans' parade
and ceremony. He stated that approximately 3,000 people
participated and that he had enjoyed representing the
City at the honorable Mexican Independence Day celebration.
(CA 45.1)
SANITATION DISTRICT
COUNCILMAN GARTHE
District Headquarters,
Wednesday,
Councilman Garthe
reminded all Council-
men of the invitation
to the Sanitation
September 25, at 4 P. M.
(CA 39)
BOWERS MUSEUM
COUNCILMAN MARKEL
of the Bowers Museum, September 21.
Councilman Markel
encouraged everyone
to attend the opening
of the new gallery
(CA 85)
RECESS
by unanimous general consent.
INVOCATION
PLEDGE OF ALLEGIANCE
Allegiance, Reverend William Nadell,
Church, gave the Invocation.
Council recessed at
4:07 P. M., for dinner
at the Ancient Mari-
ner at 5:30 P. M.,
Council reconvened at
7:35 P. M. with all
Councilmen present.
After the Pledge of
St. Peter Lutheran
(CA 80.17)
CITY COUNCIL MINUTES 354 SEPTEMBER 16, 1974
COMMUNITY SPOTLIGHT Kathe Shapiro, repre-
LEAGUE OF WOMEN VOTERS sentative of the League
of Women Voters was
introduced by the Mayor.
She stated that the Santa Ana-Tustin-Orange Area League of
Women Voters is a nonpartisan organization of over 100 men
and women who believe in representing the government and
the individual liberties established in the Constitution.
The League encourages the informed participation of all
citizens in government. She stated examples of the type
of work the League does. Mayor Patterson presented her with
a plaque on behalf of the City Council to the Santa Ana-
Tustin-Orange Area League in recognition of outstanding
community service. (CA 9.3)
PUBLIC HEARING
REFUSE COLLECTION
RATE ADJUSTMENT
by the Mayor.
The Public Hearing
to consider the rate
adjustment for refuse
collection was opened
Staff reported orally on rates as follows:
Present
Monthly Rate
Single Family Dwelling $1.50 $
Duplex 2.45
Triplex 3.40
4 Units 4.60
5 Units 5.75
6 Units 6.90
7 Units 8.05
8 Units 9.20
Proposed
Monthly Rate
180
2 95
4 10
5 48
685
8 22
9 59
10 96
The Clerk reported there were no
were no opponents or proponents,
Public Hearing.
communications. There
and the Mayor closed the
The following Resolution was adopted unanimously on motion
of Councilman Griset, seconded by Councilman Garthe:
RESOLUTION NO. 74-143 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA ESTAB-
LISHING REVISED SCHEDULE OF RATES FOR REFUSE
COLLECTION AND RESCINDING RESOLUTION 73-84.
(CA 11.1)
PUBLIC HEARING
VACATION OF ALLEY BETWEEN
CENTRAL AVENUE AND HEMLOCK
WAY (MERCY GENERAL HOSPITAL)
pital) was opened by the Mayor.
The Public Hearing to
consider Vacation of
Alley between Central
Avenue and Hemlock Way
(Mercy General Hos-
Staff reported that the Planning Commission had recommended
approval of the abandonment of a portion of the north-south
alley on June 10, 1974; and that the applicant had complied
with all of the conditions established by the Commission.
The Clerk reported there were no written communications.
There were no proponents or opponents, and the Mayor closed
the Public Hearing.
CITY COUNCIL MINUTES 355 SEPTEMBER 16, 1974
The following Resolution was adopted unanimously on motion
of Councilman Evans, seconded by Councilman Yamamoto:
RESOLUTION NO. 74-115 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ORDERING THE
VACATION OF A PORTION OF A NORTH-SOUTH ALLEY
LOCATED BETWEEN CENTRAL AVENUE AND HEMLOCK WAY
AND RESERVING EASEMENTS OVER THE SAME.
(CA 14)
PUBLIC HEARING The Public Hearing
APPEAL NO. 343 to consider Appeal
VARIANCE NO. 74-13 No. 343, filed on
September 5, 1974, by
Eugene M. Flores, 524 North Eastwood, to appeal the Plan-
ning Commission's approval of Variance Application 74-13,
was opened by the Mayor. The Variance would allow the
expansion of an existing legal nonconforming meat process-
ing plant in the C-2 District and would waive a portion
of the required landscaping at 1201 East Fourth Street.
Staff reviewed the Planning Commission's Finding of Fact,
the Determination of Exemption, a revised plot plan and
the minority report dated September 11, from Planning
Commissioners Winters and Griset, supporting the Staff's
recommendation to deny the application. Council received
copies of the letter to the Planning Commission, dated
July 5, 1974, signed by thirteen property owners and
tenants living on North Bastwood Avenue, protesting ap-
proval of the Variance. The Clerk reported that there
were no other communications.
The following persons spoke in favor of the Appeal, and
against the granting of the Variance:
Mr. Richard Forintos, 2558 East Freeborn, Duarte,
representing Mr. Eugene Flores, the appellant. He sub-
mitted 22 statements, signed by property owners and resi-
dents of the area, protesting the granting of the Variance.
They were received and filed with the Clerk.
Mr. Forintos stated that the proposed Variance
would result in overbuilding of the property and does not
provide for necessary landscaping, visual screening and
adequate off-street parking; that property values would
depreciate; that existing traffic problems involving
truck deliveries and insufficient on- and off-street
parking were straining neighborhood relations; that
existing and potential health hazards, including noise,
vibration, odors, and improper drainage, are of prime
concern to the residents; and that approval of the Vari-
ance would undermine sound planning principles.
Mr. Forintos gave a slide presentation of the truck-
ing activity at the facility at different times of the
day.
The'opponents stated that the existing building is an
eyesore; that parking is limited; that the business is
highly regulated; that there is a Federal resident in-
spector on the premises at all times appointed by the
United States Department of Agriculture; that required
health standards are unexcelled by any other business;
CITY COUNCIL MINUTES 356 SEPTEMBER 16, 1974
that there is no request for any expansion of the pro-
cessing facilities; that the only request is for addition
of office space for the resident inspector.
They added that truck parking will be improved by the
removal of the overhanging roof; that a new facia will
be added to the building, including total Spanish-style
stucco front; and additional planting areas; that the
building will be made a very attractive facility, which
will upgrade property values rather than depreciate
property values; that truck loading will have an entrance
and exit; that there is no plan to add additional em-
ployees; that the trash bin and hot water heater will
be screened; that the addition will not cut off the light
and air; and that if businessmen had been allowed to
improve their property on Fourth Street with less inter-
ference, there might be a different city today.
The following persons spoke in opposition to the Appeal
and in favor of granting the Variance:
Mr. Thomas O'Keefe, 2323 North Broadway,
representing Taylor Made Meat Company;
Mr. Don Forbes, 10541 Ritter Street, Cypress,
owner of Taylor Made Meat Company;
Mr. Marvin Carlos, representing Taylor Made
Meat Company;
Mr. Robert Jacobs, resident of Santa Ana.
The Public Hearing was closed by Mayor Patterson.
Mr; Eugene Flores, the appellant, stated that the citizens
are willing to work with the gentlemen of the packing
company to resolve the problems. The people of the
neighborhood stated they are not interested in putting
him out of business but they want to make sure there
is some control and that it doesn't get out of hand.
On motion of Councilman Yamamoto, seconded by Councilman
Ward, and carried, with dissenting vote by Councilman
Markel, both parties were advised to meet with the Plan-
ning Staff to work out a solution to the problem, and
to report back to Council at its next meeting, October 7,
1974, for final action on the Appeal. (CA 13.3)
RECESS
all Councilmen present.
At 9:20 P. M. a
recess was declared,
Council reconvened
at 9:30 P. M., with
APPEAL BY KATHLEEN MALONE FROM THE Due to the absence
POLICE CHIEF'S DENIAL FOR A PERMIT of the applicant,
TO PERFORM SERVICES OF MASSAGE TECH- the matter was con-
NICIAN OR MASSAGE TECHNICIAN'S AIDE tinued to later in
the evening on motion
of Councilman Griset, seconded by Councilman Ward, and
unanimously carried. (CA 91.5)
CITY COUNCIL MINUTES 357 SEPTEMBER 16, 1974
BOW~RS MUSEUM DISPLAY OF BLACK ART Mrs. Harriet Tyler,
EXHIBIT--INTERESTED CITIZENS OF 312 North Forest
SANTA ANA Street, stated she
had just received the
communication and did not have an opportunity to review it
or discuss it with anyene. She requested that the matter
be continued until the next City Council Meeting on Oct-
ober 7.
On motion of Councilman Yamamoto, seconded by Councilman
Evans, and unanimously carried, Council continued the matter
to the next City Council meeting, October 7, and directed
the Staff to meet with the Interested Citizens of Santa Ana
to resolve the matter. (CA 85)
PORNOGRAPHIC NEWSPAPER Mrs. Norma Wurzer,
VENDING MACHINES 2301 North Wright,
submitted a petition
containing 313 signa-
tures, requesting the removal of pornographic newspaper
vending machines from the public right of way and enforce-
ment of Ordinance No. NS-1175, pertaining to the subject,
which was adopted on July 2, 1973. In addition, Mrs.
Wurzer filed with the Clerk supporting letters from the
following persons:
o Mrs. Rose Merie Wojtkiewitz, St. Barbara's
Church, 730 South Euclid;
o Mrs. Weston Walker, 919 North Olive Street;
o W. J. Kilgore and V. L. Kilgore, 1518 East
21 Street
o Mrs. Wayne Watts, 1254 East 14th Street
Mrs. Wurzer stated that the City of Garden Grove had
adopted an ordinance to remove the vending machines
and within a week's time the machines were gone; that
there are none in Tustin; that Santa Ana is the county
seat and should be able to enact similar legislation;
that the Council is trying to make the City a better
place to live through various programs and projects;
and that these newspapers have no place in the public
right of way, where any child can obtain them.
The City Attorney reported that Santa Ana had pioneered
the city legislation regulating pornographic news-
paper vending machine sales, which was subsequently
adopted by Los Angeles and San Diego; that First Amend-
ment rights are of primary concern in the matter and
there are some Constitutional problems. He reviewed
case precedent on the subject. He added that a number
of arrests had been made; and that several cases were
pending.
Mr. Withers also reported on the "Miller vs. California"
case, stating that the U. S. Supreme Court had ruled
that a city may establish community standards. He
pointed out that the State of California has not enacted
the legislation necessary to permit local communities
to adopt local standards; that State Penal Code Section
311 is still the law in California; and that until the
State redefines P. C. 311, the City has no alternative
but to adhere to that legislation.
CITY COUNCIL MINUTES 358 SEPTEMBER 16, 1974
The following persons spoke in favor of the removal
of pornographic newspaper vending machines from the
public right of way:
Mrs. Rose Merie Wojtkiewitz, St. Barbara's
Church;
Mr. Earl Adams, 430 South Sycamore;
Dr. Robert Peterson, County Superintendent
of Schools, 2507 Poinsettia;
Mr. Steven Delbridge, Calvary Church, Santa Ana;
Mr. Robert L. Nichols, St. Peters Church;
Mr. Bill Sumners, 2526 North Poinsettia; and
Mr. Jim Faulkner, 1423 South Broadway.
The proponents stated that the City should assume greater
leadership in providing, developing, maintaining, and
enforcing regulations that will provide a decent society
where children will be free from moral pollutants; that
there is a general moral decline in society and that
Council should continue to search for adequate solutions
for the problems; that the police should be directed to
take action when they observe acts or conditions that
are pornographic. The consensus was that something
could and should be done to suppress pornography and
obscenity and to upgrade moral conduct and standards
within the City.
The City Attorney and staff were instructed to submit
to Council a program of action to regulate pornographic
newspaper vending machines, including other city ordin-
ances, proposed state legislation and public support
and involvement, on the unanimously approved motion of
Councilman Evans, seconded by Councilman Ward. (CA 153)
APPEAL BY KATHLEEN MALONE FROM THE The Mayor opened the
POLICE CHIEF'S DENIAL FOR A PERMIT Public Hearing to
TO PERFORM SERVICES OF MASSAGE TECH- consider the appeal,
NICIAN OR MASSAGE TECHNICIAN'S AIDE filed by Kathleen C.
Malone, from the
Police Chief's denial of her application for a permit to
perform services of a Massage Technician.
Council received copies of the letter of appeal from
Miss Malone; the letter of denial from the Assistant
to the City Manager and the Police Chief's report. The
Clerk reported there were no written communications and
there were no proponents or opponents and Miss Malone
was not present. The Public Hearing was closed by the Mayor.
~The Appeal was denied without prejudice, on the unani-
mously carried motion of Councilman Yamamoto, seconded
by Councilman Markel. (CA 91.5)
REQUEST FOR ZONING COOPERATION
BETWEEN CITY AND CITY OF COSTA
MESA
The Planning Director
reported that he had
spoken to the Planning
Director of Costa Mesa
regarding the request for zoning cooperation between the City
and the City of Costa Mesa, and he distributed a copy of
CITY COUNCIL MINUTES 359 SEPTEMBER 16, 1974
the Environmental Impact Report for Council's review.
He stated that the proposed rezoning is in conformance
with the Costa Mesa General Plan; that the proposed
development would have 11 dwelling units per acre; and
that the City staff will have an opportunity to review
the precise plan when the developer submits the required
Conditional Use Permit application.
The correspondence from Costa Mesa was received and ordered
filed on motion of Councilman Griset, seconded by Council-
man Yamamoto, and carried, with Councilman Evans dissenting.
(CA 10)~ '
ADJOURNMENT
by Councilman Garthe,
At 10:53 P. M.
Council adjourned
on motion of Council-
man Yamamoto, seconded
and unanimously carried.
Florence I. Malone
Clerk of the Council
CITY COUNCIL MINUTES 360 SEPTEMBER 16, 1974