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HomeMy WebLinkAbout12-09-1974MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 9, 1974 The meeting was called to order at 2:15 P.M. in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the following Councilmen present: John Garthe, Lorin Griset, J. Ogden Markel, Harry K. Yamamoto, and Mayor Jerry M. Patter- son. Councilmen James E. Ward and Vernon S. Evans were absent. 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, Police Captain Eugene Hansen, and Clerk of the Council Florence I. Malone. The Mayor announced that Councilman Ward was attending a SCAG conference, and Councilman Evans was on vacatien. Council approved the absences by informal unanimous consent. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, Councilman Griset gave the Invocation. CLERK'S REPORT affidavits on file in the office The Clerk reported that proper Notice of Adjourned Regular Meeting had been given, with of the Clerk of the Council. MINUTES The Minutes of the Adjourned Regular Meeting of October 23, 1974, the Regular Meetings of November 4, November 18, and December 2, 1974, and the Special Meeting of November 26, 1974, were approved as submitted, on motion of Councilman Yamamoto, seconded by Councilman Griset, and carried, with Councilman Markel dissenting (4-1). Councilman Markel's motion to revise the minutes of the Regular Meeting of November 4, 1974, "Oral Communication - Councilman Residency", page 417, to reflect his commentary in more elaborate detail, failed for lack of a second. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Items 9 C, 16 B, and 16 C requested by Councilman Markel; Items S C, S I, S J, 5 M, S N, ? B, ? C, and ? E requested by Councilman Yamamoto; Item requested by Mayor Patterson; and Item S H requested by Wendell R. Mackey, Alcoholic Beverage License Applicant. 2 B On motion of Councilman Griset, seconded by Councilman 8arthe, and unanimously carried (5-0), Council affirmed the recommended action on the following Consent Calendar items: BID CALLS ment for bids on the following: Approved plans and specifications, and authorized advertise- CITY COUNCIL MINUTES 443 DECEMBER 9, 1974 PROJECT 8078 - Relocate San Lorenzo Pump Station Entrance, east side of Bristol, north of Segerstrom Avenue. (CA 89) PROJECT 6100 - Modify Ventilation System in Garage of Police Facility. (CA 89) BID AWARDS most responsible bidder: Awarded contracts as follows on the basis of lowest, be~t and SPEC. 74-020 - Mini-Computer based Burglary data system; awarded to Data General Corporation, Santa Aha. PROJECT 4031 - Construct K-9 Storm Drain in Mac Arthur Boulevard from S.P.R.R. to D03 Channel; awarded to Thompson-Lee, Inc., Anaheim. SPEC. 74-014 - Nine 3-wheel Scooters with Dump Beds; awarded to Cushman Motor Sales, Santa Fe Springs. SPEC. 74-029 & Controller; Anaheim. - One Traffic Signal Cabinet awarded to Traconex, Inc., SPEC. 74-017 Rotary Files; Garden Grove. - Two Electro Mechanical awarded to Sperry Remington, (CA 89) SPEC. 74-028 - One Microfilm Reader-Printer; awarded to 3 M business Products Sales, Inc.~ Santa Ana, only bidder. (CA 89) AGREEMENTS agreements: Approved and authorized the Mayor and Clerk to execute the following K-9 STORM DRAIN IN AREA IX, MacArthur Boulevard, East of Harbor Boulevard to Flood Control Channel - Between the City and Harbor Industrial Properties, a limited partnership, Baker-Miller & As~ociates, a partnership, and CC&F Orange County Prope~ ties, Inc.; providing for the funding and construction of the storm drain. (A-74,84) NATURAL DISASTERS JOINT OPERATIONS Between the City and the Orange County Chapter of the American National Red Cro~sl delineating responsibilities. (A-74-85) TRAFFIC Received and ordered filed report of control devices removed or installed November 8 through December 3, 1974, inclusive. (CA 18.3a) CITY COUNCIL MINUTES 444 DECEMBER 9, 1974 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Applications: Received and ordered filed the following Alcoholic Beverage VILLA LIQUOR & JR. MART, INC., CAPRARO, Angelo (Pres.), Fernanda (V.P.); 1467 S. Main Street. Person to Person Transfer - Type "21" Off Sale General. WAGNER, Philip B., Receiver for HENDERSON, D. Bradford, QUINETTE, Charles F.; 2390 N. Tu~- tin. Person to Person Transfer - Type "41" On Sale Beer & Wine, Eating Place. CHONG, Kou Yee, 2502 S. Bristol; Original Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). MAKTOOB, INC., Gen. Ptnr. [Ltd. Ptnr. w/ purview of 23405.2) BEGUM, Paul G. ~res.), GRAHAM, James E. (V.P.), HYER, Paul F. 2700 S. Bristol. Original Intercounty On Sale General - "47" On Sale General CBona Fide Eating Place). HARRINGTON, Robert B.; 1411 E. First St. Person to Person Transfer (Dropping a Part~ nor) - Type "40" On Sale Beer. 3550, INC., PERRY, Jack B. (Pres.), 2335 W. First Street. Permon to Person Transfe~ - Type "21" Off Sale General. AGUINAGA, Armando S., Frances P., 802 N. Raitt Street. Original - Type "20" Off Beer & Wine. 'l Sale LOERA, Ramiro Orozco, 312 E. Fourth Street. Person to Person Transfer - Type "40" 0n Sale Beer. The City Attorney was instructed to file a l~tte~ ef protest with the Alcoholic Beverage Control Board on the following application in accordance with the Police report dated November 20, 1974: M~DINA, Jose Ruben, 1307 W. Santa Ana Blvd,; Original - Type "20" Off Sale Beer & Wine. PROTEST (Police). (CA 146) VARIANCES and Findings of Fact: Received and ordered filed the following Negative Declaratton~ VA 74-35 QUENTIN L. RICHARD - To permit the establishment of a retail automotive supply store with a light automotive repair work shop in the R 1 District, 906 W. Edinger Ave. DENIED. (CA 13) VA 74-41 ARCHIE'S TIRE & TOWING, INC. - To allow the storage of recreation vehicle~ in the R 1 District, 4722 W. 17th St. APPROVED. (CA 13) CITY COUNCIL MINUTES 445 DECEMBER 9, 1974 DEEDS, NO CASH Received and ordered GRANTEE, CITY filed Report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from November 13, 1974 through December 3, 1974, inclusive. (CA 155) DEEDS WITH CASH GRANTEE, CITY documents in connection with Approved deeds and authorized Mayor to sign all necessary the purchases: PACIFIC OUTDOOR ADVERTISING CO., southeast corner of Main & Bachman; street purpose. CLARK L. LOOMIS & ZELLINOR D. LOOMI$, east of Flower, south of Walnut; street purpose. (CA lS5) ~ide TENTATIVE PARCEL MAPS Received and o~dered filed Negative Decla~a~ tions, appreyed the following maps subject to condition~ contained in the Planning Director's report, and waived the alley requ~re~ ment as requested on Tentative Parcel Map 898: TENTATIVE PARCEL MAP 898 Filed on November 1, 1974 by Cabot, Cabot and Forbes, Inc., creating two (2) M 1 parcels; both proposed parcels to 5e used for industrial uses; located generally en the southeast corner of Garry Avenue & HarSe~ Blvd. TENTATIVE PARCEL MAP 901 Filed on November 11, 1974 by Leadership Housing Systems, Inc., creating five (5) R 4 parcels; all proposed parcels to be used for condominium purposes; located generally on the southwest corner of Segerstrom Avenue & Greenville Street. (CA APPLICATION TO FILE LATE CLAIM Denied the following Application to File Late Claim: Filed by Jose G. M. Rios and Trinidad Rios. (CA 65.7) PROCLAMATIONS issued by the Mayor: Received and o~dered filed report of tke following p~oclamat~en~ SANTA ANA U.S. ARMY RESERVE CENTER, Disad~ vantaged Youth Christmas Party Day, December 14, 1974. HOME AND FAMILY MONTH, Thanksgiving Day throug5 Christmas Day, 1974. EDDIE WEST DAY,'November 19, 1974. (CA 37TH ANNUAL ORANGE COUNTY MARCH OF DIMES CAM- PAIGN - "WEEK OF CONCERN" 'January S r ll, 1~[75. 46) * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * CITY COUNCIL MINUTES 446 DECEMBEK 9, 1974 BID AWARD Council deleted Muir PROJECT 6087A & 6090 A School Park Site from the BALLFIELD BACKSTOPS plans and specifications, and awarded PROJECT 6087A and 6090A - Construct Ballfield Backstops at Lowell School Park Site only to Riverside Fence Co., Riverside, for a total bid price of $11,795.65, on the basis of lowest, best and most responsible bidder, on the unanimously carried (5-0) motion of Councilman Griset, seconded by Councilman Yamamoto. (CA 89) ALCOHOLIC BEVERAGE LICENSE APPLICATION WENDELL R. MACKEY "ORBIT INN" on the following, on the basis Council instructed the City Attorney to file a letter of protest with the Alcoholic Beverage License Control Board of Police Report dated November 21, 1974, on the unanimously carried (5-0) motion of Council- man Yamamoto, seconded by Councilman Griset: MACKEY, Wendell R., 3601 W. First Street~ Person to Person Transfer - Type "40" On Sale Beer. PROTEST (Police.) Prior to the vote, Wendell R. Mackey, the Applicant~ spoke in his own behalf. He stated that he had not made any untruthful statements in his application; that Council should consider only those offenses for which he had been found guilty, and which had been listed in his application. Jim Callahan, 14771 Candida Place, Tustin, owner of the "Orbit Inn", objected to any protest based on the location of the bar. He stated that two other bars in the vicinity had recently sold and neither was protested; that there had been no recent Police activity at the Orbit Inn; and that Council's action would in effect prohibit his sale of the bar. The City Attorney replied that is generally not sufficient to the high concentration of bars be persuasive, but as a factor a protest based on location only be upheld by the ABC Board; that in the area probably would not it could be decisive. Mayor Patterson voiced the opinion that, putting aside any question of applicant's truthfulness and the concentration of bars in the area, recent criminal conduct of the applicant constitutes basis for protest. (CA 146) ALCOHOLIC BEVERAGE LICENSE APPLICATION NEREIDA ISBELL "THE BODY SHOP" Board on the following, on the basis Council requested the City Attorney to file a letter' of protest with the Alcoholic Beverage License Control of past police incidents, expansion of an existing use and increased concentration of bars in the area, on motion of Councilman Yamamoto, seconded by Councilman Grisot, and carried with Councilman Garthe and Mayor Patterson dissenting: ISBELL, Nereida, 701 E/F N. Harbor Blvd.; Original ~ Type "42" On Sale Beer & Wine (Public Premises). A prior motion by Councilman Garthe, seconded by Mayor Patter- son to receive and file failed to carry, with Councilmen Markel, Yamamoto and Griset dissenting. (CA 146] CITY COUNCIL MINUTES 447 DECEMBER 9, 1974 ALCOHOLIC BEVERAGE Council received and LICENSE APPLICATIONS ordered filed the following Alcoholic Beverage License Applica- tions on motion of Councilman Yamamoto, seconded~by Council- man Griset, and carried with Councilman Yamamoto voting NO: OLtVOS, Lewis R., Jr.; 220 E. Third Street. Premises to Premises (Expansion) - "40" On Sale Beer. FREED, Irving R., Myra K., 501 S. Original - Type "42" On Sale Beer (Public Premises). Grand Ave. & Wine HASSEN, Donald W., SHANTOUF, Semi H., 815 N. Main Street. Person to Person Transfer Type "40" On Sale Beer. CORONA, Aristeo T., 602 E. Fourth Street. Original - Type "42" On Sale Beer & Wine (Public Premises). (CA 146) ENVIRONMENTAL IMPACT REPORT VARIANCE NO. 74-38 CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS Report as the final report for VA Following a request by Mayor Patterson for Public comment, and hearing none, Council adopted the Draft Environmental Impact 74-38 on motion of Councilman Griset, seconded by Councilman Markel, and carried with Council- man Yamamoto and Mayor Patterson dissenting. The~ planning Commission Finding of Fact on the following was received and filed on motion of Councilman Griset, seconded by Councilman Garthe, and carried with Councilman Yamamoto and Mayor Patter- son dissenting: VA 74-38 CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS - To construct a two-story, 100- unit garden apartment complex in the R 1 District, 4800 W. McFadden Avenue. APPROVED. The unanimously approved prior motion of Councilman seconded by Councilman Markel to set VA 74-38 for public hear- ing on January 6, 1975, was reconsidered subsequent to comments by the Planning Director, on motion of Councilman Griset, seconded by Councilman Garthe, and carried with Council- man Yamamoto and Mayor Patterson dissenting. The Planning Director reviewed the history of tke Variance, noting that it had been previously witkdrawn 5y tke appl±cant with no prejudice, and indicating tkat Staff Ram w~ked wlt5 the applicant according to Council directien; and tkat the Garden Grove School District was not opposed to tbe prep®sal. Councilman Yamamoto stated that in his opinion tke proposed complex would place added burdens on the schools ~n the a~ea; that it would add to heavy traffic on street5 nearby. (McFadden, Euclid and Newhope), increasing noise and air pollution; and that the existing sewer system would not be adequate. CCA 13) CITY COUNCIL MINUTES 448 DECEMBER 9, I~74 DETERMINATION OF EXEMPTION The Determination of VARIANCE NO. 74-40 Exemption and Finding IRVINE COMPANY of Fact on the follow- ing were received and ordered filed on the unanimously approved motion of Councilman Griset, seconded by Councilman Garthe: VA 74-40 IRVINE COMPANY - To allow two free- standing monument signs and three directional signs all within the required setbacks, a freestanding menu board sign, and two wall signs in the LM District, 1720 E. Dyer Road, APPROVED. (CA 13) AGENDA ORDER By informal unanimou~ DETERMINATION OF EXEMPTION consent, Council deferred VARIANCE 74°42 consideration of Determina- SANTA ANA SHOPPING CENTER tion of Exemption and Variance 74=42 (Item 7 E on the Agenda) to the evening session. NO CASH DEEDS GRANTOR, CITY approved motion of Markel: Councilman Griset, Council authorized execution of the follow- ing deeds by Mayor and Clerk, on the unanimously seconded by Councilman ROBERT L. MAYER, east side of Bristol, north of Segerstrom; vehicular access rights. ROBERT L. MAYER, north side of Segerstrom, east of Bristol; vehicular access rights. FIRST AMERICAN TITLE INSURANCE COMPANY, north of 4th, between Main & Bush, sewer purpose. ROBERT D. BERGQUIST, Trustee, etc., ~est ~ide of Bristol, south of Edinger; vehicular access rights. (CA 155) PROCLAMATIONS Council received and AIDA RAMIRBZ DAY; ordered filed report VIVA of the following proclamation~ issued by the Mayor, on the unanimously approved motion of Council- man Griset, seconded by Councilman Yamamoto: AIDA RAMIREZ DAY, December 8, 1974. VIVA, American Prisoners of War and Missing in Action in Southeast Asia, December 9, 1974. (CA 46) READING WAIVED The full reading of all' ordinance~ and resolutions, the titles of which appeared on the public Agenda, was waived on the unanimously carried motion of Councilman Griset, seconded by Councilman Yamamoto. CITY COUNCIL MINUTES 449 DECEMBER 9, 1974 AGENDA ORDER Mr. Ed Colburn, NATIONAL RED CROSS Chapter Chairman of the JOINT OPERATIONS AGREEMENT Orange County Chapter of the American Red Cross, expressed enthusiasm for the agreement for coopera- tion between the City and County for natural disasters joint operations, which had been approved by Council earlier in the meeting. RECESS Councilmen present. A recess was declared at 3:30 P.M. The meet- ing reconvened at 3:55 P.M. with the same ORDINANCE NS-1235 UNIFORM APPEAL PROCEDURE (5-0) motion of Councilman Griset, Yamamoto: The following Ordinance was placed on second reading and adopted, on the unanimously carried seconded by Councilman ORDINANCE NS-1235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING CHAPTER 3, TO PROVIDE FOR A UNIFORM HEARING AND APPEAL PROCEDURE; AND AMENDING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE. (CA 76) ORDINANCE NS-1239 The following Ordinance BUSINESS LICENSE TAXES was placed on second reading and adopted, on the unanimously carried (S-0) motion of Councilman Griset, seconded by Councilman Yamamoto: ORDINANCE NS-1239 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 21-73 TO THE SANTA ANA MUNICIPAL CODE PERTAININ6 TO PAYMENT OF BUSINESS LICENSE TAXES BY EMPLOYEES AND SHAREHOLDERS OF PERSONS OR FIRMS OPERATING WITHIN THE CITY. (CA 6S.6] ORDINANCE NS-1240 TATTOOING ESTABLISHMENTS (5-0) motion of Councilman Griset, Yamamoto: The following Ordinance was placed on second reading and adopted, on the unanimously carried seconded by Councilman ORDINANCE NS-1240 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE VIII, CONSISTING OF SECTIONS 18-400 THROUGH 18-420, TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO THE REGULATION OF TATT~Ot~ ESTABLISHMENTS AND OPERATIONS. (CA 91.9~ ORDINANCE NS-1244 SANITATION CHARGE Councilman Griset, The following Ordinance was placed on first reading, on the unanimously carried (5-0) motien of seconded by Councilman Yamamote: CITY COUNCIL MINUTES 450 DECEMBER 9, 1~74 ORDINANCE NS-1244 - AN ORDINANCE OF THE CITY COUNCIL OE THE CITY OF SANTA ANA AMENDING SECTION 35-201 OF THE SANTA ANA MUNICIPAL CODE WHICH PRO- VIDES FOR A SANITATION CHARGE ON THE USE OF SANi- TATION FACILITIES AND SERVICES. (CA 65B) RESOLUTION 74-176 APPEAL NO. 344; VA 74-25 ELWYN G. & DORIS MICHAELS seconded by Councilman Yamamoto: The following Resolution was unanimously adopted (5-0) on motion of Councilman Griset, RESOLUTION NO. 74-176 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 344 AND UPHOLDING THE DECISION OE THE PLANNING COMMISSION APPROVING VARIANCE 74-23 FILED BY ELWYN G. AND DORIS MICHAELS. (CA 13.3) RESOLUTION 74-177 The foil,owing Resolution VARIANCE NO. 74-26 was adopted (4-1) on INON, INC. - APPEAL #346 motion of Councilman Griset, seconded by Councilman Garthe, with Councilman Markel dissenting: RESOLUTION NO. 74-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION DENYING VARIANCE NO. 74-26. (CA 13.3 ) RESOLUTION 74-178 APPEAL NO. 345; VA 74-31 CROCKER NATIONAL BANK by Councilman Yamamoto: The following Resolution was unanimously adopted (5-0) on motion of Councilman Griset, seconded RESOLUTION NO. 74-178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 34S, AND UPHOLDING THE DECISION OF THE PLAN-. NING COMMISSION AND DENYING VARIANCE NO. 74-31 FILED BY CROCKER NATIONAL BANK. (CA 13.3) RESOLUTION 74-179 The following Resolution VARIANCE NO. 74-30 was adopted on motion of CALVARY EVANGELICAL Councilman Garthe, seconded LUTHERAN CHURCH by Councilman Markel, and carried (3-2) with Councilmen Griset and Yamamoto dissenting: RESOLUTION NO. 74-179 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND GRANTING VARIANCE NO. 74-30 FILED BY CALVARY EVANGELICAL LUTHERAN CHURCH. (CA 13.3a) RESOLUTION 74-180 APPLICATION FOR HUD FUNDS Yamamoto, and carried (4-1) The following Resolution was adopted on motion of Councilman Griset, seconded by Councilman with Councilman Markel dissenting: CITY COUNCIL MINUTES 451 DECEMBER 9, 1R74 RESOLUTION NO. 74-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OF THE CITY OF SANTA ANA TO MAKE APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CERTAIN FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AND AUTHORIZ- ING THE INCURRENCE OF COSTS FOR THE PLANNING AND PREPARATION OF AN APPLICATION FOR SUCH FUNDS. (CA140.20) RESOLUTION 74-181 The Certification of ELECTION RESULTS Canvass of Election was received and filed, and the following resolution was adopted, on the unanimously carried (S-0) motion of Council- man Griset, seconded by Councilman Yamamoto: RESOLUTION NO. 74-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DE- CLARING THE RESULTS OF THE CANVASS OF ELECTION RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 5, 1974. (CA 68) RESOLUTION 74-147 The following Resolution FLOOD INSURANCE was adopted, and the City Manager was authorized to submit an application to the Federal Insurance Administration to participate in the Flood Disaster Protection Act of 1973, on the unanimously carried (5-0) motion of Councilman Griset, seconded by Councilman Yamamoto: RESOLUTION NO. ?4-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPLYING FOR FLOOD INSURANCE. (CA 140.14) RESOLUTION ?4-148 BUILDING PERMIT SYSTEM unanimously approved (5-0) by Councilman Garthe: Adoption of the follow- ing Resolution was deferred to the December 16, 1974 meeting, on the motion of Councilman Griset, seconded RESOLUTION NO. 74-148 - A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA TO INDICATE THE BUILDING PERMIT SYSTEM WHICH THE COMMUNITY NAS ADOPTED AND THE REVIEW PROCEDURE FOR THE SYSTEM. (CA 87) BILLBOARD AGREEMENT The written request, EDINGER STREET AT dated November 26, 1974, NEWPORT FREEWAY from the Santa Ana Lumber Company, for a one-year extension of the agreement between the City and the Pacific Outdoor Advertising Company, to permit the maintenance of a billboard on a parcel owned by the lumber company, located near Edinger Street at the Newport Freeway, was denied on the unanimously approved (5-0) motion of Councilman Markel seconded by Councilman Griset. Mr. James Maynard, General Manager of the Santa Ana Lumber Company, Fourth at Raitt, spoke in favor of extending the agreement and stated that, in all fairness, the billboard on his property should be treated in the same manner as other billboards under the City's Abatement Program. (CA 34] CITY COUNCIL MINUTES 452 DECEMBER 9, 1974 CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA/ ss. COUNTY OF ORANGE ) I, M. J. MAYER, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of THE CITY OF SANTA ANA special election consolidated with the General Election held November 5, 1974. PROPOSITION "D" YES: NO: LOW-RENT HOUSING 24,539 12,609 PROPOSITION "E" YES: NO: - DIRECT ELECTION OF MAYOR 15,201 20,225 TOTAL VOTES CAST: 40,095 I hereby certify that the number of votes cast for and against each measure as is set forth above appears in the Certified Abstract of Statement of the Vote entered in the Records of the Board of Supervisors of the County of Orange. WITNESS my hand and Official Seal this~J~day of November, 1974. M. J. MAYER Registrar of Voters Exhibit A I ~-~ ~- ~ ~.~ __~ I ~-68*Zig-I 141 ~lL~kL!!' - ~061.~02-1 136 t-6~]o~ 1~ l~"i 6~ ~ ~7 ?~ .... The City Attorney responded that the other existing bill- boards are legal non-conforming uses but that the subject billboard was determined in a court action to be an illegal new sign; and that the matter had been settled by the agree- ment now under consideration for extension, which had allowed the sign to remain for a limited specific period of time. (CA CITIZENS CRIME PREVENTION COMMISSION INTERIM REPORT mission, in accordance with the City Council received the report dated December 5, 1974, from the Citizens Crime Prevention Com- Council instruction. The report stated that the Commission is generally agreed that the concept of team policing is impressive as a crime prevention technique; and that the Commission plans to analyze staffing costs, ethnic composition of the department, community relations in general and Federal Program funding 'areas. The Commission's final report is scheduled for January 30, 1975. The report was received and filed and the Commission was commended for its diligent efforts on behalf of the citizens, on the unanimously approved (5-0) motion of Councilman Yamamoto, seconded by Councilman Markel. (CA 47.8) SALE OF TAX DEEDED The City Council con- PROPERTY sented to the sale of the property described as T. C. Sale #1184, in the letter dated November 19, 1974, from the Orange County Tax Collector ( A P 140-091-39), on the unanimously approved (5-0) motion of Councilman Griset, seconded by Councilman Markel. (CA 45.3) SANTA ANA CITIZENS The Council accepted GREENBELT COMMITTEE with regret the resigna- RESIGNATION tion from the Santa Ana Citizens Greenbelt Committee submitted by Mrs. Lynda Ferris in a letter dated November 20, 1974, on the unanimously approved motion (5-0) of Councilman Griset, seconded by Councilman Yamamoto. (CA145.1a) RESOLUTION NO. 74-182 Council concurred CALIFORNIA COASTAL with Councilman Ward's COMMISSION written recommendations, dated December 3, 1974, and adopted the following Resolution regarding proposed powers of the successor agency to the Coastal Commission: RESOLUTION NO. 74-182 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING A PRO- POSED EXTENSION OF THE JURISDICTION OF THE CALIFORNIA COASTAL COMMISSION The foregoing Resolution was adopted on the unanimously approved motion (5-0) of Councilman Yamamoto, seconded by Councilman Griset after being read by title only on the unanimously approved motion (5-0) of Councilman Yamamoto, seconded by Councilman Griset. The motion further instructed the staff to submit the Resolution at the first public hearing on the proposal to be held on Monday, December 16, 1974, from 9:00 A.M., to 7:00 P.M., at the Long Beach Harbor Department Administration Building, 6th Floor, 925 Harbor Plaza Drive, Long Beach. (CA 145.2) CITY COUNCIL MINUTES 453 DECEMBER 9, 1974 TRANSPORTATION Council received and DEVELOPMENT PROGRAM filed the City of Costa Mesa Resolution No. 74-96, Opposing the Federal Administration and Urban Mass Transportation Admin- istration (FHWA/UMTA) Draft Guidelines for a Transportation Development Program and established a policy of supporting SCAG (Southern California Association of Governments) as the final regional decision-making agency, on motion of Councilman Griset, seconded by Councilman Yamamoto and carried (4-1) with Councilman Markel dissenting. (CA 84.3; CA 141) COMMUNITY REDEVELOPMENT The Council accepted with PROJECT AREA COMMITTEE regret the resignation RESIGNATION from the Community development Project Area Committee submitted by Mr. Morry Lindros in a letter dated December 4, 1974, on the unanimously approved (5-0) motion of Councilman Griset, seconded by Councilman Yamamoto. (CA 82.3) TRANSPORTATION The Council accepted with ADVISORY COMMITTEE regret the resignation RESIGNATION from the Transportation Advisory Committee sub- mitted by Harlan D. Anderson, Santa Ana Unified School District representative, on the unanimously approved motion (5-0) of Councilman Griset, seconded by Councilman Garthe. (CA 29.10a) STREET LIGHTING Council received and filed UPGRADING PROGRAM the report dated November 18, from the Director of Public Works, on the status of the street lighting upgrading program for the Edison- owned system, on the unanimously approved motion (5-0) of Councilman Griset, seconded by Councilman Yamamoto. (CA 29.3) HUD APPROVAL Council received and OF APPLICATION filed the report dated FOR SENIOR CITIZENS HOUSING November 26, from the Assistant to the City Manager for Community Relations, regarding the application for new construction of 200, 1 bedroom units, specifically designed for the elderly, to be built on a site bounded by Ross and Birch Streets and First and Second Streets, on the unanimously approved motion (5-0) of Councilman Markel, seconded by Councilman Yamamoto. (CA 137.8) CIVIC CENTER PARKING Council approved the LOT REVENUE request made by the County Auditor- Controller, on behalf of the Orange County Civic Center Authority, to pay the $400 fee as itemized in the audit agreement between the Orange County Civic Center Authority and Price Waterhouse and Company, dated May 29, 1974; and to pay audit fees of future years as required, and authorized the Authority to use revenue from the Civic Center parking lot concession for such purposes, on the unanimously approved (5-0) motion of Councilman Griset, seconded by Councilman Markel. (CA 77.5;CA 65) CITY COUNCIL MINUTES 454 DECEMBER 9, 1974 FINANCIAL STATEMENT The report of the accounts' examination and the City's Financial Statements, prepared by Diehl Evans and Company, CPA, for the fiscal year ending June 30, 1974, were received and filed on the unanimously approved (5-0) motion of Councilman Griset, seconded by Councilman Yamamoto. (CA 65.4) SOUTHWESTERN MUTUAL The Council approved the WATER COMPANY proposal for installing FRANCHISE APPLICATION a City-owned water system in the area now being served by the Southwestern Mutual Water Company and made a commitment for the expenditure of $78,500 of Community Develop- ment Funds, representing 50 percent of the total estimated cost of the project, and directed the Staff to continue working with the people in the area to form an assessment district, on the unanimously approved (5-0) motion of Councilman Markel, seconded by Councilman Yamamoto. The motion further instructed Staff to delete item 55 pertaining to this subject from the Council Referral Summary. The Council action was based on information and the recommendation contained in a report from the Director of Public Works, dated December 3. (CA 12) FIFTH AVENUE BIKE The Council set a public LANES - REMOVAL OF hearing for January 20, PARKING 1975, to consider installation of a bike lane on Fifth Street between Euclid and Raitt and to remove parking from both sides of Fifth Street from the Pacific Electric Railroad to Euclid Street between 7:00 A.M., and 7:00 P.M., on the unanimously approved motion (5-0) of Councilman Griset, seconded by Councilman Yamamoto. (CA 18.6) FIREWORKS SURVEY- Council received and STATUS REPORT filed the status report dated September 3, 1974, prepared by the Public Information Officer, on the unanimously approved. (5-0) motion of Councilman Griset, seconded by Councilman Yamamoto. The motion further directed staff to prepare an ordinance for the total ban of personal fireworks in Santa Ana for a public hearing at the first meeting in February. (CA 64) FIFTH AND EUCLID The Council authorized STREET TRAFFIC CONTROL the installation of two mast arm mounted crosswalk signs on Euclid Street at Fifth and Sixteenth Streets, and the removal of the exisitng crosswalk at Seventh Street, on motion of Councilman Griset, seconded by Councilman Garthe, and carried (4-1) with Councilman Yamamoto dissenting, in accordance with the recommendation contained in the report dated December 3, from the Director of Public Works. The motion further directed the staff to delete Item No. 166, regarding the matter, from the Council Referral Summary. (CA 18.3) CITY COUNCIL MINUTES 455 DECEMBER 9, 1974 SANTA ANA RIVER FLOOD PROTECTION AGENCY of Supervisors, to River Basin and to The proposed Joint Powers Agreement, recommended by the Orange County Board reduce flood hazards in the Santa Ana create the Santa Ana River Flood Pro- tection Agency, was approved in principle and the Council indicated its intention to participate as a member, on the unanimously approved (5-0) motion of Councilman Griset, seconded by Councilman Yamamoto. The motion further directed staff to delete Item No. 169, regarding the matter, from the Council Referral Summary. (CA 53.1) RECESS Councilmen present. At 5:00 P.M., Council recessed for dinner and reconvened at 7:35 P.M., with the same INVOCATION The Pledge of Allegiance PLEDGE OF ALLEGIANCE was conducted by Girl Scout Troop 930, Taft Junior High School followed by the Invocation by Chaplain Randolph, Orange County Medical Center. (CA 80.17) COMMUNITY SPOTLIGHT Mrs. Jean Ekert, Board ORANGE COUNTY Member of the Orange EPILEPSY SOCIETY County Epilepsy Society, described the activities, goals and objectives of the organization. Mayor Patterson presented a City Seal Tile plaque to the organization in recognition of outstanding service to the community. (CA 9.3) GENERAL PLAN Mayor Patterson stated FLOOD CONTROL AND that a public hearing DRAINAGE had been held by the City Council on November 4, 1974, to consider the proposed amendment to the Conservation Element of the General Plan for Flood Control and Drainage; that a decision was deferred pending additional information from Staff regarding the Federal Flood Insurance Program; that Council has initiated the necessary action to participate in the Program; and that it is now in order to proceed to amend the General Plan in accordance with Planning Commission Resolution No. 6061 recommendation. The Council approved the amendment to the General Plan as recommended and instructed the City Attorney to prepare a resolution formalizing its action, on the unanimously approved (5-0) motion of Councilman Yamamoto, seconded by Councilman Griset. (CA 78.3; CA 53; CA 140.14) WAFFLE HOUSE PROJECT The Council approved the following agreements and authorized their execution by the Mayor and Clerk of the Council, on motion of Councilman Griset, seconded by Councilman Garthe and carried (4-1), with Council- man Markel dissenting: CITY COUNCIL MINUTES 456 DECEMBER 9, 1974 (i) Agreement for the Relocation, Restoration and Operation of the Dr. Howe-Waffle House and Carriage House between the Santa Ana Historical Preservation Society and the City of Santa Aha (2) Lease Agreement for the Dr. Howe-Waffle House and Carriage House between the Santa Ana Historical Preservation Society and the City of Santa Ana The motion further instructed Staff to delete Item No. 159, regarding the Waffle House, from the Council Referral Summary. (A-74-91; CA 85.id) ORDINANCE NS-1241 ORDINANCE NO. NS-1241 NEWSRACKS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE IV CONSISTING OF SECTIONS 10-221 THROUGH 10-238 TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE REGULATING THE INSTALLATION, USE AND MAINTENANCE OF PUBLICATION VENDING MACHINES (NEWSRACKS) ON CITY STREETS, revised, was placed on first reading on motion of Councilman Griset, seconded by Councilman Yamamoto and unanimously carried. Councilman Griset's motion, that Council go on record as desiring to establish its own definition of obscenity as permitted under the Supreme Court decision, was seconded by Councilman Yamamoto and carried (3-2), with Councilmen Markel and Mayor Patterson dissenting. The motion included an instruction to the City Attorney to communicate the Council's action to the State Legislature and to lobby for the enabling legislation necessary to implement Council's action by requesting legislators to introduce bills to effectuate home rule in the matter of the obscenity definition. The City Attorney explained that the purpose of the ordinance is to establish standards for the size, type, maintenance and placement of news vending racks; and that the ordinance does not deal with the content of the material in newspapers. The following persons spoke on the matter, generally agreeing with the ordinance content, as a step in the right direction: Mrs. Ann Famalaro 2110 Victoria Drive Mrs. Rose Mary Wojtkiewitz, St. Barbara's Church 730 South Euclid Mrs. Norma Wurzer 2301 North Wright Street (CA i83) VARIANCE APPLICATION The Council received and 74-42 filed the Planning Com- SANTA ANA SHOPPING mission Finding of Fact, CENTER, LTD. dated November 11, 1974, approving VA 74-42, filed by the Santa Aha Shopping Center, Ltd., to permit the construction of a canopy sign in the C 1 District at 1120 South Bristol Street, on the unanimously approved (5-0) motion of Councilman Griset, seconded by Councilman Yamamoto. (CA13) CITY COUNCIL MINUTES 457 DECEMBER 9, 1974 ALCOHOLIC BEVERAGE The Council instructed LICENSE APPLICATION the City Attorney to MARCIAL AND FRANCISCA file a letter of protest JAUREGUI with the Alcoholic Beverage Control Board on the following application in accordance with the recom- mendation of the Police Chief's report, dated December 9, 1974, on the unanimously approved (5-0) motion of Councilman Yamamoto, seconded by Councilman Griset: JAUREGUI, Marcial U. and Francisca, 3417 West Fifth Street (Mi Tenampa); on sale beer and wine (Public Premises), person-to-person transfer. {CA 146) ORAL COMMUNICATIONS Councilman Markel re- CIVIC CENTER PARKING quested a report on the LOT news item regarding city, county and state employees' violation of the Civic Center Parking Lot regulations. The City Manager stated that the identity of City employees involved had been requested from the County and that it would be provided as soon as it became available. (CA 77.5) EXECUTIVE SESSION Councilman Ward arrived at 9:30 Executive Session. At 9:2S P.M., the Mayor declared an Executive Session to discuss personel matters. and participated in the ADJOURNMENT At 10:25 P.M., the meeting was adjourned to Monday, December 16, 1974, at 12:00 Noon, in Room 831, City Hall, 20 Civic Center Plaza, to meet in Executive Session for the purpose of interviewing Council candidates for appoint- ment as the representative from Ward 1, to fill the vacancy due to Mayor Patterson's election as a member of the U. S. Congress, representing the 38th District, on the unanimously approved motion of Councilman Ward, seconded by Councilman Garthe. CLERK OF THE COUNCIL CITY COUNCIL MINUTES 458 DECEMBER 9, 1974 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 16, 1974 The Adjourned Regular Meeting of the City Council was called to order by Vice Mayor Vernon S. Evans, at 12:10 P.M., in Room 831, City Hall, 20 Civic Center Plaza, with the following Councilmen present: J. Ogden Markel, John Garthe, Harry K. Yamamoto, James E. Ward and Vice Mayor Vernon S. Evans. Mayor Jerry M. Patterson arrived at 12:20 P.M. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers and Clerk of the Council Florence I. Malone. The Clerk reported that proper Notice and Posting of the meet- ing had been accomplished, with affidavits on file in the Clerk's Office. EXECUTIVE SESSION At 12:15 P.M., Council recessed for an Executive Session to interview candidates for appointment to the Ward 1 vacancy on the City Council due to the fact that on November 5 Mayor Patterson was elected as a member of the U.S. Congress representing the 38th District. The Council reconvened at 2:15 P.M., for the Regular Meeting of the City Council. ADJOURNMENT At 2:15 P.M., the meeting was adjourned by the Mayor. CLERK OF THE COUNCIL CITY COUNCIL MINUTES 459 DECEMBER 16, 1974 CITY COUNCIL MINUTES 460