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HomeMy WebLinkAbout07-14-1975MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 14, 1975 The Adjourned Regular Meeting of the City Council was called to order at 2:00 P.M. by Mayor John Garthe, in the Council Cham- bers, 22 Civic Center Plaza, with the following Council members present: David F. Ortiz, Harry K.,Yamamoto, Vernon S. Evans, James E. Ward and Mayor John Garthe. Councilman Gordon Bricken arrived at 2:25 P.M.; Councilman David L. Brandt was absent. Also present were City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Director of Public Works Ronald Wolford, Director of Planning Charles C. Zimmerman, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Ortiz. SPECIAL PRESENTATION Mr. Gary Yamamoto, State STATE PERMIT FOR Department of Public Health, WATER SYSTEM OPERATION presented the City of Santa · .Ana with its revised State Permit for Water System Operation; the presentation was made to Public Works Director Ronald Wolford, and Water Engineer Walter Schraub. Mr. Yamamoto stated that the Department of Public Health had made a survey of the water system pursuant to Sections 4011 through 4055 of the California Health and Safety Code, and found that the water supply and reliability of the water system for the City had vastly improved since the last survey five years ago. CA 12 CONSENT CALENDAR requested by Councilman Ortiz; by Councilman Yamamoto; Items requested by Councilman Evans; The following Agenda items.were removed from the Consent Calen- dar: Items 7 G and 1S, Items 7 A, F and J, requested 7 C, E, H and I, 10 A, B and C, Item 7 D, requested by Mayor Garthe. NO votes were registered by Councilman Yamamoto on 6 D and E; and Councilman Ward on Item 8 A. On the unanimously carried (5-0) motion of Councilman Ward, seconded by Councilman Evans, Council affirmed the recommended action on the following Consent Calendar Items: MINUTES June 7, 16, 18, June 16, 1975. 19 and 24; Approved the Minutes of the Adjourned Regular Meetings of and the Regular~Meeting of BID CALLS ment for bids on the following: Approved plans and specifications, and authorized advertise- PROJECT 1352 & PROJECT 4036 Segerstrom Avenue, Harbor Boulevard to Santa-Aha River, and K1 Storm Drain at Segerstrom Avenue. CA 89G CITY COUNCIL MINUTES 285 · JULY 14, 1975 CONSENT CALENDAR - Continued BID AWARDS Awarded the follow- ing on the basis of lowest responsible and best bidder on the majority of items: SPEC. 75-009 -.One (1) Self Propelled Tandem Vibratory Roller; awarded to Jumbo Equipment Co., Pico Rivera. SPEC. 756-111 -iAsbestos Cement~Pipe, Annnal Requirement on Sizes 4, 6, 8, 10, 12, 14, 16, and 18 inch; awarded to Hanson Pipe ~ Supply, Santa Ana. CA 89A CA 89D SPEC. 756-118 - Cast Iron Fittings for A C Water Pipe, Annual Requirement; awarded to Marden Susco, Santa Ana. CA 89D SPEC. 756-120 Gate Valves - Annual Require- ment; rejected Flow Products bid on basis of not complying with specifications; awarded Flange-Flange gate valves to Taylor-Jett Co., So, E1 Monte; and awarded Ringtite Gate Valves to Telford Smith Supply, South Gate. CA 89D SPEC.. 756-121 - Butterfly Valves, Standard - Annual requirement; awarded 4", 10',, 14", 16", 18" Dresser 45° Valves and 18" Ringtite Valves to Marden Susco, Santa Ana; and awarded balance of Butterfly Valves to Hansons Pipe [ Supply Co., Santa Aha. CA 89D SPEC. 756-122A & B - Tapping Gate Valves and Tapping Sleeves; awarded A C Pipe Tapping Sleeves to H. C. Lawson Co., Los Angeles, on SPEC. 756-122A; awarded Cast Iron Tapping Sleeves to Taylor-Jett Company, So. E1 Monte, on SPEC. 756-122A; rejected Taylor-Jett's bid on SPEC. 756-122B in accordance with a request for withdrawal of bid, and awarded to Telford Smith Supply Co., South Gate. SPEC. 756-155A ~ B - Fire Hydrants -Standard, Commercial ~ Industrial; awarded to Pacific States, Los Angeles. CA 89D SPEC. 756-156 Cold Water Meters Positive .Displacement Type; awarded S/8" x 3/4" meters to Carlon Meter Sales, Houston; awarded 5/4" x 1", 1", and 1-1/2" to Gamon Calmer, Florence, Ky.; awarded 2" meters to Hersey Products, Dedham, Mass. CA 89D SPEC. 756-157 Service Type; Dedham, Mass. Cold Water Meters Fire awarded to Hersey Products, CA 89D SPEC. 756-138 Cold Water Meters Compound Type; awarded 3" and 6" meters to Hersey Products, Dedham, Mass; awarded 4" meters to Badger Meters, Milwaukee, Wis. CA 89D SPEC. 756-252 40,000 gallons Asphaltic Emulsion Sealer; awarded to Berk Oil Company, Bell, Ca. CA 89G CITY COUNCIL MINUTES 286 JULY 14, 1975 CONSENT CALENDAR - Continued SPEC. ?56-233 - Approximately 1,800 tons of Emulsion Aggregate Slurry Seal; awarded to Ted R. Jenkins, Long Beach. CA 89G SPEC. 756-234 - 2750 Yards Portland Cement Concrete; awarded to Standard Concrete, Santa Aha. CA 89G PROJECT 4033 - V-2 Storm Drain in Fourth Street from F-11 Channel to Dianne Street; awarded to Canadas & Coulson, Santa Aha. CA 89G PROJECT 1364 & 2033 - Improvements of Rail- road Crossings at Chestnut and McFadden Avenues and at Lyon and Ritchey Streets; awarded to Coxco, Inc., Orange. CA 89F AGREEMENTS execution by the Mayor and Clerk: Approved the follow- ing agreements and authorized their COUNTY HEALTH SERVICES - Between City and County extending the previous agreement for a term commencing July 1, 1975, and terminating June 30, 1976. A-75-46 SANTA ANA-TUSTIN DISPATCH CONTRACT 1975-76 - Between City and Tustin establishing a con- solidated emergency communications system. A-75-47 APPRAISAL SERVICES FOR PROJECT No. 13.60, widening of Flower Street Between Civic Center Drive and Seventeenth Street - Between City and Mr. Peter Daniel. A-75-48 WEST COMMUNITY CENTER - RENEWAL OF LEASE - Between City and Cherney, Cherney, Vorhees and Forge for the property at 4404-08 West Fifth Street. A-75-49 EDNA PARK - LEASE OF SEWER CONNECTION - Between City and the Garden Grove Sanitary District to lease the sewer connection at Edna Park for 25 years. SANTIAGO DAY CAMP REVENUE SHARING AGREEMENT AMENDMENT Between City and the County of Orange extending the completion date for Pro- ject 6088, Santiago Day Camp. A-75-50 A-75-51 A-74-3 PRENTICE ZOO REVENUE SHARING AGREEMENT - AMENDMENT Between City and the County of Orange extending the completion date for the A-75-52 development of Prentice Park Zoo. A-74-3 P~CIFIC ELECTRIC RAILROAD RIGHT-OF-WAY COUNTY REVENUE SHARING AGREEMENT - AMENDMENT Between City and the County of Orange extending the time A-75-53 for acquisition of the railroad right-of-way. A-74-3 ARTERIAL HIGHWAY FINANCING PROGRAM ADMINIS- TRATION AGREEMENT (Project 1325 - AHFP-731) Between the City and the County of Orange for funding the Broadway and Memory Lane right-of- way acquisition project. A-75-54 CITY COUNCIL MINUTES 287 JULY 14, 1975 CONSENT CALENDAR - Continued TRAFFIC Received and filed Report of control devices~removed or installed June ll'thr0ugh July 8, 1975, inclusive. CA 18.3a ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed the following Applications: THE SOUTHLAND CORPORATION - 1020 South Bristol Original - Type 't20', Off Sale Beer & Wine. SANTA ANA FOOD MARKET, INC., QUONG, Kong Hom (Pres), LAW, Kenland Kong (VP), KONG, Louis Lulund (Sec/Tres) 1216 West First Street Self-Incorporated - Type "21" Off Sale General. DORCSAK, DONALD D. 1300 East Edinger #A Person to Person Transfer - Type "41" On Sale Beer & Wine (Public Eating Place) BURMEISTER, KENNETH E. 2545 West McFadden Avenue Person to Person Transfer Type "42" On Sale Beer & Wine (Public Premises) . (Councilman Yamamoto registered a NO vote. J MARIN, JULIO L. 220 East Fourth Street Berson to Person Transfer - Type "40" On Sale Beer. (Councilman Yamamoto registered a NO vote.) CRAYCRAFT, ROBERT A. AND LILLIAN - 1471 East Warner Avenue - Person to Person Transfer - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place) FRY, JOHN HOWARD & MARY LOUISE - 1720 South Grand Avenue ~ Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place) CA 146 CA 146 CA 146 CA 146 CA 146 CA 146 CA 146 VARIANCES Finding of Fact on the following: Received and filed the Determination of Exemption and VA 75-20 - ALLAN FAINBARG of canopy signs within an center in the C1 District, Street. APPROVED. - To allow the placement existing retail 219-231 East 17th CA 13 DEEDS, NO CASH Received and filed GRANTBB, CITY Report of no-cash deeds accepted by the City Manager, pursuant to Resolution #69-156, from June 10, 1975 through July 8, 1975, inclusive. (Councilman Ward registered a NO vote.) CA 155 CITY COUNCIL MINUTES .288 JULY 14, 1975 CONSENT CALENDAR - Continued DEEDS WITH CASH Approved the GRANTEE, CITY following deed and authorized Mayor to sign all necessary documents in connec- tion with the purchase: HOWARD B. RAP~, gR. and MARGARET A. RAPP, East side of Flower north of Second, for Street purposes. CA 155 DEEDS, NO.CASH GRANTOR, CITY and Clerk: Authorized execu- tion of the follow- ing deeds by Mayor SANTA ANITA DEVELOPMENT CORP., Northeast corner of Grand and McFadden fort vehicular access rights. STERLING DEVELOPMENT, INC., South side of McFadden west of Newhope for vekicular access rights COMMUNITY REDEVELOPMENT AGENCY OF SANTA ANA, North one-half of Second Street, Birch to Ross for Senior Citizen Housing Project. CA 155 CA 155 CA 155 TENTATIVE PARCEL MAPS Received and filed the Negative Declaration, approved the following map subject to conditions contained in Planning Director's report, and waived the alley requirement: MAP NO. 921 Filed on May 23, 1975, by Harbor Industrial Properties creating four (4) Mi parcels; proposed parcels 1 and 2 to be used for industrial, parcel 3 to be an office building and parcel 4 to be a restaurant; generally located on the east side of Harbor Boulevard, 153 feet north of MacArthur Boulevard, alley waiver requested. CA 25 COMPLETION OF IMPROVEMENTS material bonds on the following: Authorized release of performance, monument, labor and TRACT 7642 - West side of Euclid Street, north of McFadden Avenue. CA 24 CITY COUNCIL MINUTES 289 JULY 14, 1975 CONSENT CALENDAR - Continued CHANGE ORDERS Approved the follow- ing Change Order: PROJECT NO. 5022, 5023 and 8061 - Change Order #1 for repair of conduit and installation of tie-in for traffic signal interconnect, increasing the cost by $588.19. CA 89B SURPLUS PROPERTY Made a finding of fact that the follow- ing parcels can · have real value only to the adjacent land owner and only nuisance value to others; declared the property surplus, and authorized the recommended sale to the adjacent property owner: SSPR No. 75-6 481 square feet of real property located on the southeast corner of Flower and Santa Ana Boulevard. SSPR No. 75-7 12,133.5 square feet of real property on Second Street between Birch Street and Ross Street. CA 45 CA 45 APPROPRIATION ADJUSTMENTS Approved the follow- ing Budget Transfers: A.A. #02 - Transfers $75,120 from funds pro- vided by AB-180 through the Department of Youth Authority to accounts establishing budget for ',Juvenile Disposition-Diversion'! and "Community Liaison and School Resource Officers".CA 65.3 A.A. #03 - Transfers $13,000 from Design New Corporation Yard to Reconstruct Lyon Street because of increase in scope of project and unanticipated costs for relocation of Edison facilities. CA 65.3 A.A. #04 - Transfers $1,500 from Design New Corporation Yard to Repair Santa Anita Community Building as present allocation covers construction only and does not provide for planning and design work. CA 65.3 A.A. #05 - Transfers $15,000 from Unapplied Appropriations to Project 4036 - K-i Storm Drain at Segerstrom Avenue. CA 65.3 REQUESTS TO FILE LATE CLAIM Denied the follow- ing request: JESSE PEREZ Letter dated June 25, 1975, re- questing leave to file a late claim for $129.47 for automobile damage incurred December 24,1974. CA 65.7 CITY COUNCIL MINUTES 290 JULY 14, 1975 CONSENT CALENDAR - Continued PROCLAMATIONS issued by the Mayor: Received and filed the following Proclamations MASONS DAY - Proclaims June 12, 197S, as Masons Day. MIA DAY - Proclaims July 14, 197S as MIA DAY. INTERNATIONAL WOMEN'S YEAR - Proclaims 197S as International Women's Year. HEALTHY BABY SUMMER - Proclaims July 4th through August 31, 1975 as Healthy Baby Summer. DOMESTIC RABBIT WEEK - Proclaims July 14 20 as National Domestic Rabbit Week. THE NORWEGIAN-AMERICAN SONG FESTIVAL - Conveys to the City of Sandefjord appreciation and all good wishes from the City of Santa Ana. CA 46 CA 46 CA 46 CA 46 CA 46 CA 46 CONSENT CALENDAR FINIS VARIANCE 75-19 Council set the SOUTH COAST PLAZA & VILLAGE following Variance SEGBRSTROM application for public hearing on August 4, 197S, on motion of Councilman Yamamoto, seconded by Councilman Ward, and carried (4-1), with Councilman Ortiz dissenting: VA 75~19 SOUTH COAST PLAZA-SOUTH COAST VILLAGE- SEGERSTROM - To provide project graphics/signing in excess of the City Sign Ordinance, 1675 W~ Sunflower, in the CR District. APPROVED. CA 13 VARIANCE 75-23 SAFEWAY STORES, INC. on August 4, 1975, on motion of seconded by Councilman Yamamoto, Councilman Ward dissenting: The following application for Variance was set for public hearing Councilman Evans, and carried (4-1), with VA 75~23 - SAFEWAY STORES, INC. To allow a roof sign within 300' of an existing pole sign in the C2 and R2B Districts. APPROVED. CA 13 Councilman Bricken arrived. VARIANCE 75-24 Council approved CHILDERS HATCHERY the draft E.I.R. as the Final Environ- mental Impact Report, and received and filed the Planning Commission Finding of Fact on the following, on motion of Councilman Ward, seconded by Councilman Ortiz, and carried CS~i), with Councilman Evans dissenting: CITY COUNCIL MINUTES 291 JULY 14, 1975 VA 75-24 CHILDERS HATCHERY - To construct a 140 unit apartment complex in the Ri, R2, C4 and C5 Districts, 611 & 615 N. Bristol, 618 & 630 N. Baker. APPROVED. CA 13 VARIANCE 75-27 The Draft E.I.R. REAL ESTATE TECHNOLOGY, INC. was approved by (WYCLIFFE ASSOCIATES) Council as the Final Environmental Impact Report, and the Planning Commission Finding of Pact was received and filed, on Councilman Ward's motion, seconded by Councilman Yamamoto, and carried (4-2), with Councilman Evans and Mayor Garthe dissenting: VA 75-27 - REAL ESTATE TECHNOLOGY, INC. (WYCLIFFE ASSOCIATES) To construct a multi-story apartment complex with less than the required parking (Elderly Housing Project), in the R3H-HD2 District, 1401 North Flower Street. APPROVED. CA 13 VARIANCE 75-28 Council continued VERSAILLES INVESTORS the following (VERSAILLES ON THE LAKE) Variance Application to July 21, 1975, on the unanimously carried (6-0) motion of Councilman Ward, seconded by Councilman Evans: VA ?S-28 VERSAILLES INVESTORS dba VERSAILLES ON THE LAKE - To permit the permanent use of two existing temporary signs in the R4 District, 3?00 Plaza Drive. APPROVED. CA 13 A prior motion by Councilman Yamamoto, seconded by Council- man Evans to receive and file the Determination of Exemp- tion and Planning Commission Finding of Fact, failed to carry (3-3), with Councilmen Bricken and Ward, and Mayor Garthe voting NO. CONDITIONAL USE PERMIT The Negative Declara- NO. 75-5 SALVAGE YARD tion and Planning CHRISTOBAL SANCHEZ Commission Finding of Fact on the follow- ing were received and filed, on the unanimously carried (6-0) motion of Councilman Ward, seconded by Councilman Yamamoto: CUP 75-5 -CHRISTOBAL H. & EFPIE M. SANCHEZ - To allow a salvage yard in the M2 District, 1016 E. Stafford Street. DENIED. CA 13.1 MINOR EXCEPTION 75-12 Council received and LEHNHARDT CORPORATION filed the Determination of Exemption and Plan- ning Commission Find- ing of Fact, on the unanimously carried (6-0) motion of Councilman Ward, seconded by Councilman Bricken, on the following: EX ?S-12 - LEHNHARDT CORPORATION - To allow an on-sale liquor license (beer and wine) within 300 feet of property zoned and/or used for residential, in the C1 District, 5019 West Edinger Avenue. APPROVED. CA 13.2 CITY COUNCIL MINUTES 292 JULY 14, 1975 MINOR EXCEPTION 75-13 Councilman Ward DIETRICH REISCH seconded Councilman Evans' motion to receive and file the Determination of Exemption and Planning Commission Finding of Fact on the following, carried unanimously (6-0): EX'75-13 - DIETRICH REISCH - To allow an on-site beer and wine license within 300 feet of property zoned and/or used for residential, in the C1 District, 2525 MINOR EXCEPTION 75-15 RONALD A. MARKS Exemption and Planning W. Seventeenth Street. APPROVED. Councilman Ortiz' motion to receive and file the Determination of Commission Finding of Fact'was seconded by Councilman Evans, and carried (5-1), with Councilman Yamamoto dissenting, on the following: CA 13.2 EX 75-15 - RONALD A. & BLANCHE A. MARKS - To allow an on-sale liquor license within 300 feet of prop- erty zoned and/or used for residential, in the C3-HD 2 District, 402 W. Fourth Street. APPROVED. CA 13.2 RELOCATION PAY~4BNTS SENIOR CITIZENS HOUSING SITE carried (6-0) motion of Councilman Councilman Bricken: The following relocation payments were approved on the unanimously Evans, seconded by RENTAL DIFFERENTIAL PAYMENTS for residents being relocated as a result of the assemblage of.the Senior Citizens Housing Site. 1. 430 West Second Street $4,000 2. 412 West Second Street $2,160 3. 408 West Second Street $4,000 4. 410 West Second Street - $2,800 RENTAL DIFFERENTIAL PAYMENT for displaced tenant, 109 East Edgewood Road, Project 1347, North Main Street, $3,000. RELOCATION OF UTILITY LINES - Vacation of Second Street for Senior Citizens Housing Project will require relocation of gas mains and electric lines. CA 137.8 REQUEST TO FILE Council denied ALICE P. CONNOR the request for leave to file late claim, contained in the letter dated May 29, 1975, from Alice P. Connor, for personal injuries sustained in a fall on December 1S, 1975, on the unanimously carried (6-0) motion of Council- man Ward, seconded by Councilman Yamamoto. CA 65.7 RECESS At 3:05 P.M., Council COMMUNITY REDEVELOPMENT recessed to convene AGENCY the Adjourned Regular Meeting of the Community Redevelopment Agency; Council reconvened at 3:20 P.M. with the same Councilmen present. CITY COUNCIL MINUTES 293 JULY 14, 1975 READING WAIVED The full reading of all ordinances and resolutions, the titles of which appeared on the public Agenda was waived, and consideration was given by title only, on the unanimously approved motion of Councilman Evans, seconded by Councilman Ward. ORDINANCE NS-1262 RULES OF ORDER~ CITY COUNCIL MEETINGS unanimously carried (6-0) motion seconded by Councilman Yamamoto: The following ordinance was placed on second reading and adopted on the of Councilman Evans, ORDINANCE NS-1262 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-103 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE RULES OF ORDER TO BE FOLLOWED AT MEETINGS OF THE CITY COUNCIL. CA 80 AGENDA ORDER Council continued ORDINANCES NS~1263 & 1264 consideration of UTILITY USERS TAX ORDINANCES NS-1263 and NS-1264 to the evening meeting, following Agenda Item 74, on the unanimously approved C6-0) motion of Councilman Evans, seconded by Councilman Ortiz. RESOLUTION NO. 75-80 AHFP PARTICIPATION of Councilman Evans, Council adopted the following resolution on the unanimously carried (6-0) motion seconded by Councilman Ward: RESOLUTION NO. 75~80 - A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF SANTA ANA TO PROVIDE ANNUAL REQUALIFICATIOM FOR PARTICIPATION IN THE ARTERIAL HIGHWAY FINANCING PROGRAM. CA 29.4a RESOLUTION NO. 75-81 The following VACATION OF PORTION resolution was adopted OF HAZARD AVENUE and the matter was set for Public'Hearing on August 4, 1975 at 7:30 P.M., in the Council Chambers, 22 Civic Center Plaza, on the unanimously carried (6-0) motion of Coun- cilman Evans, seconded by Councilman Ward: RESOLUTION NO. 75-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MAp AND DECLARING INTENTION TO VACATE A PORTION OF HAZARD AVENUE WEST OF HARBOR BOULEVARD AND RESERVING AN EASEMENT FOR UTILITY PURPOSES. CA 14 RESOLUTION NO. 75-82 Council unanimously VACATION OF.ALLEY BETWEEN adopted (6-0) the 4TH ~ 5TH - FRENCH & MORTIMER following resolution and set the matter for Public Hearing at its regular meeting on August 4, 1975, at 7:30 P.M., on motion of Councilman Evans, seconded by Councilman Ward: CITY COUNCIL MINUTES 294 JULY 14, 1975 RESOLUTION NO. 75-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MAP AND DECLARING INTENTION TO VACATE AN EAST-WEST ALLEY BETWEEN FOURTH AND FIFTH STREETS AND FRENCH AND MORTIMER AND RESERVING AN EASEMENT FOR UTILITY PURPOSES. CA 14 RESOLUTION NO. 75-83 The following CEO-CODED DATA BASE SYSTEM resolution was adopted (S-l), on motion of Council- man Ward, seconded by Councilman Bricken, and carried with Councilman Evans dissenting: RESOLUTION NO. 75-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXPRESSING ITS DESIRE TO CONTINUE IN THE DEVELOPMENT OF A COM- PUTERIZED CEO-CODED DATA BASE SYSTEM IN COOPERATION WITH CERTAIN ORANGE COUNTY CITIES AND ACQUIRE SECOND YEAR FEDERAL FUNDS FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SUCH PURPOSES. CA 140.17 RESOLUTION NO. 75-84 Council unanimously IMPLEMENTING POLICE (6-0) adopted the DEPARTMENT PROGRAMS following resolution on motion of Council- man Evans, seconded by Councilman Ward: RESOLUTION NO. 75-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND IMPLE- MENTING A DISPOSITION AND DIVERSION OFFICERS AND COMMUNITY LIAISON AND SCHOOL RESOURCE OFFICER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF YOUTH AUTHORITY. CA 47 RESOLUTION NO, 75-85 TECHNICAL CONSULTANT POLICE RECORDS SYSTEM Councilman Evans' motion, seconded by Councilman Yamamoto, to adopt the following resolution, carried unanimously (6-0): RESOLUTION NO. 75-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO RECEIVE PROPOSALS AND TO HIRE A CONSULTANT AS A TECHNICAL ADVISOR TO THE FEDERALLY FUNDED ORANGE COUNTY CONSOLIDATED RECORDS SYSTEM. CA 47 RESOLUTION NO. 75-86 Councilman Ward CONDEMNATION FOR WIDENING seconded Councilman OF FLOWER STREET Evans' motion to adopt the following resolution, and the motion carried unanimously (6-0): RESOLUTION NO. 75-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CONDEMNATION OF THE REAL PROPERTY FOR STREET WIDENING OF FLOWER STREET FROM PINE STREET TO SANTA ANA BOULEVARD (A.P. 008-213-28). CA 71 RESOLUTION NO. 75-87 The following CONDEMNATION FOR WIDENING resolution was OF FLOWER STREET adopted unanimously (6-0), on Councilman Evans' motion, seconded by Councilman Ward: CITY COUNCIL MINUTES 295 JULY 14, 1975 RESOLUTION NO. 75-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR STREET WIDENING OF FLOWER STREET FROM PINE STREET TO SANTA ANA BOULEVARD (A.P. 008-213-30). CA 71 RESOLUTION NO. 75-94 The following PARA-PROFESSIONAL EMERGENCY resolution was RESPONSE TEAM AGREEMENT unanimously (6~0). adopted, on motion by Councilman Evans, seconded by Councilman Ortiz: RESOLUTION NO. 75-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND IMPLEMENTING AN AGREEMENT WITH THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR A PARA-PROFESSIONAL EMERGENCY RESPONSE TEAM. CA 47 The adoption of the Resolution was preceded by a unanimously approved motion to read by title only, moved by Councilman Evans, seconded by Councilman Ortiz. REQUEST FOR LEFT TURN SIGNAL The-petition submitted by Caravana Trailer Park residents, 306 So. Sullivan, contain- ing 287 names, requesting a left turn signal at the inter- section of First and Fairview Streets was referred to Staff for investigation and report on the motion of Councilman Evans, seconded by Councilman Ortiz and unanimously (6-0) carried. CA 18.3 COMMUNITY REDEVELOPMENT A certified copy of PLAN AMENDMENT Ordinance NS-1258 adopt- ing the Amendment to the.Community Redevelop- ment Plan, the map indicating the boundaries of the project area, and the legal description of the project area were received and filed as a matter of record in accordance with the California Health and Safety Code Section 333-5, Part 1, Division 24, on the motion of Councilman Evans, seconded by Councilman Ortiz and unanimously (6-0) carried. CA 82.10 ORANGE COUNTY FAIR HOUSING The letter dated June COUNCIL 1, 1975, from the League of Women Voters, requesting that the City of Santa Aha financially support the~Orange County Fair Housing Council was referred to Staff for investigation and report on the motion of Councilman Evans, seconded by Coun- cilman Ward and unanimously (6-0) carried. CA 112.15 CA 151.5 NOTICE OF TERMINATION OF LEASE The memorandum of the SOUTH COMMUNITY CENTER City Manager notifying the Council that the City had received ver- bal notice on June 25, 197S, confirmed by letter June 27, 1975, that the lease of quonset huts used for the South Community Center would not be renewed by the Delhi Organization, was received and filed on the motion of Councilman Bricken, seconded by Councilman Evans and carried (6-0) unanimously. CITY COUNCIL MINUTES 296 JULY 14, 1975 Councilmen Evans, Bricken and Ward acknowledged that a community center must be in the area that it is supposed to serve and that if the South Community Center is to be relocated, it should be in the Delhi area. City Manager, Bruce Spragg, advised Council that the staff is working on opening two new community centers and will research whether or not there is a need to continue the South Community Center in another location and come back to Council with a recommendation. CA 131.6 PETITION FOR TRAFFIC SIGNAL A request for a SUNFLOWER STREET AND PLAZA DRIVE signal at Sunflower Street and Plaza Drive dated June 18, 1975, from the South Coast Village Board of Directors, represent- ing 74 merchants, was referred to Staff for investigation and report on the motion of Councilman Evans, seconded by Councilman Bricken and carried unanimously (6-0). CA CA COMMUNITY SERVICE AWARDS - COUNCIL Consideration of a REFERRAL ITEM #201 (6-16-75) report by the Public Information Officer dated July 2, 1975, was continued to August 18, 1975, to allow for further study of the proposal by the Council, on the motion of Councilman Evans, seconded by Councilman Ward and unanimously (6-0) carried. The motion further provided for the deletion of Item No. 201 from the Council Referral Summary. 18.3 151.5 CA 1S1 CA 73B MANPOWER ACTIVITY REPORT The report prepared (CETA) by Assistant to the City Manager, Manuel Rede, dated July 9, 1975, summarizing the activities under each title of the Comprehensive Employment and Training Act, was received and filed on the motion of Councilman Evans, seconded by Council- men Bricken and unanimously (6-0) carried. CA 131.11 APPLICATION FOR CERTIFICATE OF The application for CONVENIENCE AND NECESSITY FOR certificate of conven- ONE AMBULANCE ience and necessity to operate one ambulance, filed on April 1S, 1975, by Bruce Wayne Herrin doing business as Doctor's Ambulance Service, evidence having been heard by Hearing Officer Robert J. Polls, was set for final public hearing on August 4, 1975, at 7:30 p.m., and the Clerk of the Council was instructed to notify all interested persons in accordance with Section 38-7b of the Municipal Code, on the motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously (6-0) carried. CA 96 PROMOTIONAL BROCHURE Authorization for $5,500 CIVIC CENTER AND ADJACENT AREAS from existing Redevelop- ment Agency funds 1975- 76 to produce a pro- motional brochure on the Civic Center and adjacent areas was postponed pending a recommendation to the Council from the Redevelopment Commission, on the motion of Councilman CITY COUNCIL MINUTES 297 JULY 14, 1975 Bricken, seconded by Councilman Evans and unanimously (6-0) carried. CA 82 GARDENS FOR ALL The staff recommenda- COUNCIL REFERRAL ITEM #199 tion to designate a one-acre area in Cen- tennial Park as the Santa Ana Community Garden and to subdivide it into 100 garden parcels of 20' by 20', subject to 50 or more people expressing interest in leasing a plot for a $15 fee, was approved and Referral Item #199 was deleted from the Council Referral Summary on the motion of Councilman Evans, seconded by Council Ward and carried (5-1) with Council Ortiz dissenting. CA 145 CA 45 REQUEST FOR WAIVER OF STREET The staff report IMPROVEMENT DEPOSIT stating that Mr. MR. DUSKIN KELLER Keller had furnished an acceptable cor- porate surety bond guaranteeing the completion of street improvements at 3323 West Camille Street, was received and filed; and Referral Item #200 was deleted from the Council Referral Summary on the motion of Councilman Evans, seconded by Councilman Ward and unanimously (6-0) carried. CA 29.4 COUNCIL REFERRAL suMMARy The Council Referral Summary dated July 14, 1975, was received and filed on the motion of Councilman Ward, seconded by Councilman Evans and unani- mously (6-0) carried. CA 80.2 ORAL COMMUNICATIONS Councilman Gordon Bricken WAFFLE HOUSE introduced a discussion of the condition of the Waffle House by asking why the Waffle House is not on its foundation or when will it be. Ronald Wolford, Public Works Director, stated that the estimated cost to perform the work is $21,500; that the City has available $5,000 and the Historical Preservation Society has $2,000, at the present time, representing a deficit of $14,500. Councilman Yamamoto stated that he would like Staff to write a letter to the Historical Preservation Society to restate the City's position that it is their responsibility to restore the Waffle House. Councilman Ward suggested that the architect or interested citizens negotiate to reduce the cost of putting the house on the foundation. Councilman Bricken emphasized that if the house is to be ready as a Bicentennial project for next year, something is going to have to be done soon; and that the restoration of the Waffle House is a great community project and that the City should participate and encourage it. Councilman Yamamoto strongly disagreed and stated that this project is the responsibility of the Historical Preservation Society. CA 85.1d ORAL COMMUNICATIONS Mr. George Conley, MR. GEORGE CONLEY proprietor of Toby's MINOR EXCEPTION REQUIREMENT Delicatessen, asked for Council assistance to expedite his ABC application for a beer and wine license, pending since March. He stated that the City was requesting a dedication of five feet of property for the widening of CITY COUNCIL MINUTES 298 JULY 14, 1975 Bristol Street; that the owner of his property lives in Idaho and is very difficult to contact; that this require- ment was unduly holding up his. be~r and wine license. Mr. Zimmerman, the Planning Director, stated that Mr. Conley's application for a minor exception should be coming to Council at its next meeting. Mr. Conley was advised by Mayor Garthe to go to the Planning Department to see what could be worked out to resolve the problem. CA 13.2 ORAL COMMUNICATION Mr. Howard Way, speak- WAFFLE HOUSE ing as a citizen living MR. HOWARD WAY in the redevelopment project area, expressed his opinion that the Waffle House should be restored to a thing of beauty as soon as possible, or torn down. CA 85.1d ORAL COMMUNICATION Councilman Harry GARDEN GROVE SCHOOL DISTRICT Yamamoto informed REORGANIZATION Council that if Los Amigos High School were to be included in the Fountain Valley School District, that the Santa Ana students who now attend the Los Amigos High School would be required to attend another Garden Grove high school which would necessitate double sessions; he asked if the Council would adopt a Resolution opposing the removal of Los Amigos High School from the Garden Grove School District. The City Attorney was directed to prepare a suitable reso- lution on the motion of Councilman Ward, seconded by Councilman Evans and unanimously (6-0) carried. CA 38 ORAL COMMUNICATION Councilman Evans USE OF COUNCIL CHAMBERS BY requested information OTHER GOVERNMENTAL BODIES regarding the fee for use of the Council Chambers. City Manager, Bruce Spragg, responded that the charge has been $3.00 an hour and that it has been City policy to allow use of the Chambers by governmental bodies who hold public meetings. Councilman Ward indicated that he would encourage use of the Chambers, but that those using it should pay their fair share. RECESS - EXECUTIVE SESSION reconvened at 5:00 p.m. CA 77A CA 65 At 4:45 p.m. Mayor Garthe recessed the meeting for Executive Session; the meeting APPOINTMENTS TO BOARDS On the motion of AND COMMISSIONS Councilman Evans, seconded by Council- man Ward, the following appointments were made by unanimous vote (6-0): CITY COUNCIL MINUTES 299 JULY 14, 1975 BOARD OR COMMISSION Bowers Memorial Museum Board Human Relations Commission Redevelopment Project Area Committee Redevelopment Project Area Committee Transportation Advisory Committee from the Human Relations Commission Transportation Advisory Committee from the Redevelopment Commission Mosquito Abatement District Metropolitan Water District Orange County Water District NAME Everett Parks 6-30-79 Doy Heinly 6-30-77 Warren Schmidt 6-30-76 Evelyn Gardiner 6-30-76 Zeke Hernandez 12-31-79 TERM EXPIRES CA 85.2 CA 131.2 CA 82.3 CA 82.3 CA 29.10a David Flaherty 12-31-79 CA 29.10a Wilfred Obarr Howard Crooke Courtney Chandler 6-30-76 CA 54 6-30-76 CA 12 6-30-76 CA 12 RECESS the meeting was reconvened at L. Brandt absent. At 5:02 p.m. Mayor Garthe recessed the meeting for dinner at Barclays Restaurant; 7:37 p.m. with Councilman David INVOCATION Following the Pledge PLEDGE OF ALLEGIANCE of Allegiance to the Flag, given by Girl Scout Troop #252, under the leadership of Maureen Springmeyer, Dr. David H. Coombs, of the Church of Jesus Christ of Latter Day Saints, gave the Invocation. CA 9.10 CA 80.17 SPECIAL PRESENTATION A certificate of GERALD PEEBLER appreciation of the City of Santa Ana was presented to Mr. Gerald Peebler, Transportation Advisory Committee, by Councilman David F. Ortiz on behalf of the City of Santa Aha. CA 29.10a SPECIAL PRESENTATION The special presentation GEORGE HALE of a City Seal Tile to Mr. George Hale, Chair- man of the Bowers Memorial Museum Board was made by Vice-Mayor Vernon S. Evans. Mr. Hale stated that there were many rewards from serving in an activity such as the Museum Board; that it was his CITY COUNCIL MINUTES 300 JULY 14, 1975 pleasure to work with the people on the Board, the City Council, the City Manager and the others who made possi- ble the fine developments at.the Museum during the past years; that he appreciated this recognition by the City. Former Councilman J. Ogden Markel came forward to say that Mr. Hale's leaving the Board is certainly the close of an era in the City of Santa Ana; that George had served tre- mendously well and served at a time when Santa Ana was growing; that the City was sorely in need of the kind of character and citizenship that George represents; that Santa Ana is increasing in numbers but not in the quality that the City of Santa Ana has grown up with, that has been its foundation; that the City needs to put back the qualities represented by Mr. Gerald Peebler and Mr. George Hale who live by the philosophy that one of our recent Presidents expressed in the statement that we should attempt to give the government all that we can and ask as little as we can from government; these gentlemen have abided by that statement. Au revoir, but not goodbye. Mr. Hale was invited to introduce his wife, Clara, and Mr. Peebler was asked to introduce his wife, Harriet. CA 85.2 SPECIAL PRESENTATION Mayor John Garthe ASSEMBLYMAN RICHARD ROBINSON introduced Assembly- man Richard Robinson of the 72nd Assembly District; he expressed the Council's appreciation for his visit and for his work in Sacramento on behalf of the City at which time the Assemblyman was presented with a City Seal Tile for his office. Assemblyman Robinson introduced his fiancee, Kathy Langston. CA 73B PUBLIC HEARING Mayor Garthe announced ASSESSMENT DISTRICT NO. 239 that this was the time and place for the Public Hearing on Assessment District No. 239 for the construction and installation of a water line together with appurtenances and appurtenant work in Tract No. 506, south of Edinger Avenue and West of Green- ville Street. Mr. Ronald Wolford, Public Works Director, reported that the project was initiated in response to a petition signed by 62% of the property owners in the assessment district; that bonds will be sold to finance the project; that four bids were received, the most favorable one being submitted by C. H. Watt at 7% interest, at a purchase price of 97.71% of par to provide the lowest total cost to the project; that the project includes approximately 197 parcels, some of which contain more than a single lot; that property owners will pay 1/2 of the cost, the other 1/2 being paid by the City; that the property owners of a lot with a house on it would pay $377 and the owner of an unimproved lot would pay $233; that the assessment may be paid within 30 days or go to bond to be paid over a 10 year period at 7% interest; and that the $160,000 project could be under way by Sept- ember 1, 1975 and completed in approximately three months. The Clerk of the Council reported that no written communi- cations or protests had been received. CITY COUNCIL MINUTES 301 JULY 14, 1975 The Mayor invited proponents and opponents to present their testimony to the Council. Two speakers addressed Council in favor of the Assess'menf District: Mr. Paul Dunn, 2502 West Occidental Mr. Harry Thai, resident of Irvine, purchasing a home on Occidental in Santa Ana There being no further speakers, the Mayor closed the Public Hearing. RESOLUTION NO. 75-89 The following Reso- PROVIDING FOR CONTRIBUTION lution was adopted ASSESSMENT DISTRICT NO. 239 unanimously (6-0), on motion by Council- man Evans, seconded by Councilman Yamamoto: RESOLUTION NO. 75-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN ASSESSMENT DISTRICT. CA 90 RESOLUTION NO. 75-90 On motion by FINDINGS AND DETERMINATIONS Councilman Yamamoto, ASSESSMENT DISTRICT NO. 239 seconded by Council- man Evans, the following resolution was unanimously adopted (6-0): RESOLUTION NO. 75-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE CERTAIN IMPROVEMENTS IN THE CITY OF SANTA ANA, CALIFORNIA IN ASSESSMENT DISTRICT NO. 239; AND, FURTHER, THAT THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" SHALL NOT APPLY; AND DETER- MINING THAT SUCH PROJECT SHALL PROCEED UNDER THE TERMS AND PROVISIONS OF THE "MUNICIPAL IMPROVE- MENT ACT OF 1913". CA 90 RESOLUTION NO. 75-91 The following Reso- ORDERING IMPROVEMENTS lution was adopted ASSESSMENT DISTRICT NO. 239 unanimously (6-0), on motion by Council- man Evans, seconded by Councilman Yamamoto: RESOLUTION NO. 75-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVE- MENTS MADE, TOGETHER WITH APPURTENANCES AND APPROVING ENGINEER'S REPORT. CA 90 RESOLUTION NO. 75-92 The following Reso- ACCEPTING BOND PROPOSAL lution was adopted ASSESSMENT DISTRICT NO. 239 unanimously (6-0), on motion by Council- man Evans, seconded by Councilman Yamamoto: CITY COUNCIL MINUTES 302 JULY 14, 1975 RESOLUTION NO. 75-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ACCEPTING PROPOSAL AND MAKING AWARD FOR SALE OF BONDS, AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS. CA 90 RESOLUTION NO. 75-93 ORDERING WORK PERFORMANCE ASSESSMENT DISTRICT NO. 239 resolution was unanimously adopted On motion by Councilman Yamamoto, seconded by Council- man Evans, the following (6-0): RESOLUTION NO. ?S-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ORDERING THE WORK TO BE EXECUTED AND PERFORMED BY CITY FORCES OF THE CITY OF SANTA ANA, CALIF- ORNIA. CA 90 PUBLIC HEARING The Mayor announced ENVIRONMENTAL IMPACT REPORT that this was the time FLOWER STREET ALIGNMENT and place for the Public Hearing on the Environ- mental Impact Report for the proposed widening of Flower Street from Pine Street to Seventeenth Street. Mr. Ronald Wolford, Public Works Director, stated that the Environmental Impact Report recommended by the Planning Commission, dealt with the complete street widening project on Flower from Pine Street to Seventeenth, but that the work would be done in increments; that some full grown trees would have to be removed and new trees planted. Councilman Ward stated that he would like to be sure that these trees are relocated if at all possible. The Clerk of the Council reported that no written communi- cations had been received in the matter. Mayor Garthe invited proponents testimony to the City Council. closed the Public Hearing. or opponents to present their There was none, and the Mayor On the unanimously carried (6-0) motion of Councilman Evans, seconded by Councilman Ward, the draft Environmental Impact Report was adopted as the final report, subject to the inclu- sion of comments by Councilman Ward to give consideration to the relocation of the full grown trees (20 or 30 years) on Flower Street, particularly the Palm Trees and to the interim impact of the traffic generated north and south on very narrow streets pending proposed widening. The Mayor announced that the second consideration is the Specific Plan of Street Alignment No. 1SA on Flower Street between First Street and Santa Aha Boulevard and opened the Public Hearing on this subject. Mr. Ronald Wolford, Public Works Director, stated that the previous street alignment did not provide for the preserva- tion of a large Bunya-Bunya tree located on the east curb line of Flower Street and Santa Ana Boulevard; that the new alignment would also enable the City to preserve the first brick building constructed in Santa Ana which is on the northeast corner of Second and Flower Streets; that the CITY COUNCIL MINUTES 303 JULY 14, 1975 suggested realignment has the approval o£ Let's Improve Santa Ana and the City Planning Commission. The Clerk of the Council reported that no written communi- cations had been received in the matter. Mayor Garthe invited proponents or opponents to present their testimony to the City Council. There was none, and the Mayor closed the Public Hearing. Specific Plan of Street Alignment No. 15A was approved; the City Attorney was directed to prepare the Ordinance amending the Municipal Code, on the unanimously carried (6-0) motion of Councilman Evans, seconded by Councilman Ward. CA 29.7 APPEAL NO. 349 - VARIANCE 75-16 The Mayor announced OTIS BABCOCK that this was the time NEGATIVE DECLARATION and place for the Public Hearing on Appeal No. 349 filed by Otis Babcock to allow a convenience market at the southeast corner of 4th and McClay Streets in the L P District which was denied by the Planning Commission on June 9, 1975. Mr. Charles Zimmerman, Planning Director, described the property as a 90' x 100' parcel surrounded by special schools, duplexes and single family dwellings. He stated that the Planning Commission unanimously found that the usage was in- appropriate for the L P District; that this corridor should be protected and conflicting land use could only damage what will be a fine district in that area; and that the Planning Commis- sion had received a letter from the Santa Ana Unified School District in opposition to the variance. The Clerk of the Council reported that the appellant had submitted his Declaration in support of his appeal and that she had received a letter from Frank J. and Jane E. Gelinas in opposition to the variance. Mayor Garthe invited proponents or opponents to present their testimony to the City Council. The following persons spoke in opposition to the variance application: Richard Hansen, 1539 East Fourth Street Frank Gelinas, 1538 East Fourth Street The opponents stated that the convenience market was not compatible with present neighborhood use; and that there are two neighborhood shopping areas nearby. The following persons spoke in favor of the use of the property for a convenience market: Ed Spatrisano, Walker & Lee Real Estate John Lieser, Architect Otis Babcock, owner of the property Walt Thornton, Tic Toc Markets The proponents stated that the proposed market is the best use for the property; economically and realistically; that an office building for the property is not feasible; and that it would CITY COUNCIL MINUTBS 304 JULY 14, 1975 improve the property and bring a needed convenience to the area. There being no further comments, the Mayor closed the Public Hearing. The Council received and filed the Negative Declaration, denied the appeal, upheld the decision of the Planning Com- mission denying the variance, and instructed the City Attorney to prepare a resolution to that effect, on the motion of Councilman Evans, seconded by Councilman Ward and unanimously carried (6-0). CA APPEAL NO. 350 - VARIANCE 75-21 Mayor Garthe announced SOUTHLAND CORPORATION that many people had NEGATIVE DECLARATION come to the meeting to voice their opinion on this variance, with no prior knowledge of the appellant's request for a 30-day continuance of the matter, and that, therefore, the Council would hear the speakers and he opened the Public Hearing on the matter. The Planning Director, Charles Zimmerman, advised Council that the appellant/applicant, Southland Corporation, is asking for a convenience market in the R-4 Zone at 629 S. Euclid Street; and that numerous neighbors came to the Planning Commission hearing to protest the proposed use. The following persons spoke in opposition to the variance: Patricia McGuigan, 5642 Keelson Avenue Manuel M. Makieve, 615 South Euclid Street Mrs. Joseph Cox, 615 South Euclid, #D1 Rose Marie Wojtkiewicz of St. Barbara Citizens for Decent Literature William White, $07 South Euclid Street Dr. Lloyd E. Kounalis, 615 South Euclid, #J1 Joe Kohler of Costa Mesa whose children attend St. Barbara School Jim McGuigan, 5642 Keelson Avenue Donna Oxenham, 615 South Euclid Street Dr. Conrad Wong, 615 South Euclid Street, #N1 The opponents cited late hours, debris, incidence of robberies, congregation of youth in an adult community, proximity to schools, major stores within one-half mile, and area incom- patibility as reasons for their objection to the variance. On the motion of Councilman Ward, seconded by Councilman Evans, Appeal No. 350 was continued for one week to July 21, 1975 at 7:30 p.m.; the motion was unanimously carried (6-0). 13.3 CA 13.3 CITY COUNCIL MINUTES 305 JULY 14, 1975 RECESS with the same Councilmen present. At 9:30 p.m. Mayor Garthe recessed the meeting; at 9:38 p.m. it was reconvened DOG LICENSE FEES AND THE Mr. Kenneth R. Beko PROPOSED LICENSING OF CATS of 3413 South Olive Street, objected to the increased dog license fees and suggested that stray cats are just as much of a problem to the citizens; and that if the County can run a voluntary cat licensing program, he doesn't see why the City can't. Larry Gentry, 1831 West 19th Street, stated that he had no objection to the increased pet owner fees, but that the notice said that the fee would be $5.00 more if the animal had not been neutered or spayed; that the animal must be licensed at four months of age, but that he could not find a veterinarian who would alter an animal before six months of age and some who preferred nine months of age; and that he would be required to pay a penalty for something he ?~? could not get done. !? Council referred the matter to Staff for report and re- commendation by unanimous informal agreement. CA 65 PUBLIC HEARING The Mayor announced ORDINANCE NS-1263 that the matter of a UTILITY USERS TAX utility users tax had previously been moved to the evening agenda to allow for comments from the audience and he thereupon opened the meeting fore, public hearing. Mr. Wayne Rash, 522 West First Street~, said that a new general tax is always a perilous step becaus~ it sets a precedent; that this is not the time for a new ~general tax; that a property tax increase would be prefdrable to the new utility users tax; that he sympathizes with the City's budget problems and that he suggests as an alternative proposal, another $100,000 cut in minor items from the operating budgets of 1976 and ~7 and consideration ~£ a 31 cent increase in the property tax for 1976, increased~to 36 cents the next year, plus a maxi~k~n $ percent increas~e)in salaries for City em- ployees ne~xt~l~ear. He suggested~ further that the City lobby the State le~slature for a "City Tippler Tax". Mr. Billy C. Hall; City Center Association, advised Council of the Association's opposition to a utility users tax; that they are in favor of the crime abatement program, but would prefer to fund it through additional property taxes. Councilman Ward stated that for him, in times of recession and high unemployment, it is difficult to consider new and higher taxes, but that newt.revenues are necessary to pay for the near 100 new policemen that the City needs; that the most equitable method to all categories of citizens and business people in the community to share in the cost of crime pre- vention would be the utility users tax; and that an advantage would be user tax control through controlled utilities usage. Councilman Yamamoto agreed with Councilman Ward's comments. CITY COUNCIL MINUTES 306 JULY 14, 1975 Councilman Bricken stated that in considering the arguments for and against the utility users tax, he feels it to be attractive because it would give the City an escalating revenue which would increase as utility costs increase; that he has a philosophical problem with this type of tax; and that he cannot at this time support it, but that he has no alternative to suggest. Mayor Garthe said that he favors the utility users tax; that he would rather not add such a large amount to the property tax; that he feels that the utility users' tax would be more equitable for the lower income families; that it has been necessary to cut City service; and that the additional re- venue is needed to maintain a desirable level of service. Councilman Evans indicated his opposition to the utility users' tax; and that an increased property tax would have to go along with it. On the motion of Councilman Yamamoto, seconded by Councilman Ward, the following Ordinance NS-1263 was approved for second reading (4-2) with Councilmen Evans and Ortiz dissenting: ORDINANCE N0-1263 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE VI TO CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE TO BE KNOWN AS THE UTILITY USERS TAX CODE (S%) CA 65B ORDINANCE NS-1264 UTILITY USERS TAX MAXIMUM the utility users tax. Mayor Garthe asked for discussion of the pro- posed Ordinance providing for a $5,000 maximum for Councilman Evans stated that establishment of a maximum was more unfair and inequitable than the original ordinance; and that he could not understand the reason the tax should be not paid according to usage. Mr. Rhodes Martin, 1434 East Borchard, said that the four largest users of utilities in Santa Ana would pay in excess of one quarter million dollars annually without the maximum. Councilman Bricken stated that he would not support an ordinance to establish a limit on the tax. Councilman Ward stated he would be in favor of removing the upper limit. Mayor Garthe favored the $5,000 upper limit; he did not think the larger users should be penalized. A motion by Councilman Ward, seconded by Councilman Yamamoto, to place the following Ordinance on first reading failed to carry on a tie vote, with Councilmen Ward, Yamamoto and Mayor Garthe voting aye and Councilmen Evans, Ortiz and Bricken voting no: ORDINANCE NS-1264 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE VI OF CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 35-167 PRO- VIDING FOR A MAXIMUM AMOUNT PAYABLE UNDER THE UTILITY USERS TAX. CITY COUNCIL MINUTES 307 JULY 14, 1975 Councilman Evans moved, Councilman Ward seconded, to recon- sider ORDINANCE NS-1264, which carried (5-1) with Councilman Ortiz dissenting. Councilman Ward moved and Mayor Garthe seconded, to approve first reading of ORDINANCE NS-1264 which carried (5-1) with Councilman Ortiz dissenting. CA 65B ADJOURNMENT At 11:05 p.m. the meeting was adjourned to July 16, 1975, at 4:00 p.m., in Room 831 for a budget funding session, on t~motion of Councilman Ward, seconded by Councilman Evans and unanimously carried (6-0). .=.~EENCE I. MAI.ONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 308 JULY 14, 1975