HomeMy WebLinkAbout09-02-1975MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
September 2, 1975
The Regular Meeting of the City Council was called to order
at 2:00 P.M. by Mayor John Garthe in the Council Chambers,
22 Civic Center Plaza. The following Councilmen were present:
Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, Vernon S.
Evans, David L. Brandt, James E. Ward and Mayor John Garthe.
The following members of staff were present: 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, Councilman Ward
gave the Invocation.
RECESS
SPECIAL MEETING OF
HOUSING AUTHORITY
2:47 P.M. with all members present.
At 2:04 P.M. Council
recessed to convene
the Housing Authority;
Council reconvened at
RECESS At 2:47 P.M. Council
BIENNIAL MEETING OF recessed to convene
REDEVELOPMENT AGENCY the Biennial Meeting
of the Community
Redevelopment Agency; Council reconvened at 2:53 P.M. with
all Councilmen present.
CONSENT CALENDAR The following items were
removed from the Consent
Calendar: Item 5 F re-
quested by Councilman
Yamamoto; Item 5 G requested by Mayor Garthe. The following
Councilmen registered NO votes: Councilman Bricken on 2 F;
Councilman Yamamoto on Item 5 B; Councilman Evans on Item 6 F.
Item 6 E was continued to the evening Agenda for consideration
following Item 73, on the unanimously carried (7-0) motion of
Councilman Evans, seconded by Councilman Ward.
On the unanimously carried (7-0) motion of Councilman Evans,
seconded by Councilman Yamamoto, Council affirmed the
recommended action on the following Consent Calendar items:
MINUTES
of August
4, 1975.
Approved the
Minutes of the
Regular Meeting
BID CALLS
advertisement for bids
Approved plans
specifications,
and authorized
on the following:
and
SPEC. 75-015 Hotstage Microfurnace
Police Department.
CITY COUNCIL MINUTES 365
for
CA 89G
SEPTEMBER 2, 1975
CONSENT CALENDAR - Continued
SPEC. 75-016 - ~ Binocular Combination
Polarizing-phase Contrast Bright-field
Microscope for Police Department.
SPEC. 75-017 - One Gas Chromatography-
Pyrolysis System for Police Department.
SPEC. 75-018 - One Comparison Projector
for Police Department.
SPEC. 75-020 - Three (3) Portable Burglar
Alarm Systems for Police Department.
SPEC. 75-021 - Three Hundred (300) Hand
Guns for Police Department.
(Councilman Bricken registered a NO vote.)
SPEC. 75-022 - One sub-compact sedan for
messenger service.
PROJECT 8074 Construct Santa Ana Senior
Citizens Center at Third and Ross Streets.
CA 89G
CA 89G
CA 89G
CA 89G
CA 89G
CA 89A
CA 89G
BID AWARDS
Agency on basis
of lowest
Approved award of
the following by
Redevelopment
responsible and best bidder:
SPEC. CRA-2 - Demolition of houses on Second
Street between Ross and Birch for Senior
Citizens' Housing Project.
Awarded to E ~ G Contractors, Inc., Hunting-
ton Beach.
CA 82.4
CA 89G
CA 137.8
AGREEMENT
tion by Mayor and Clerk;
Approved the follow-
ing Agreement, and
authorized its execu-
APPRAISAL SERVICES - Between City and Cedric
A. White to appraise the property at the
northwesterly corner of Seventeenth and Main
Streets.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed
the following
Applications:
SHOPPERS DISCOUNT FOODS, INC., GOROWITZ,
Bernard D. (Pres), GROGAN, Richard E.
(VP/Sec), 631 South Main Street Person
to Person Transfer - Type "20" Off Sale
Beer & Wine.
A-75-68
FOLKERT, Kenneth D. and MORGAN, Vivian -
2525-A West 17th Street - Adding Partner
Type "40" On Sale Beer.
(Councilman Yamamoto registered a NO vote.)
CA 146
THE SOUTHLAND CORPORATION, BOGART, Donald F.
and BOGART, Mary K., 1532 South Flower
Street - Person to Person Transfer - Type
"20" Off Sale Beer & Wine.
CA 146
CA 146
CITY COUNCIL MINUTES
366
SEPTEMBER 2, 1975
CONSENT CALENDAR - Continued
CAMPOBASSO, Jo Ann and CAMPOBASSO, John W.
2724 North Main Street - Original Type
"41" On Sale Beer & Wine (Bona Fide Public
Eating Place).
CRAIG, Marian - 1200 West MacArthur Boulevard
Person to Person Transfer Type "21" Off
Sale General.
CA 146
CA 146
Instructed the City Attorney to prepare a letter of
protest on the following in accordance with the
report submitted:
ROHM, Stuart E. 1109 North Harbor Boulevard
Original - Type "42" On Sale Beer & Wine
(Public Premises) PROTEST Police.
CA 146.1
VARIANCES
Findings of Fact
Received and filed
the Negative
Declarations and
on the following:
VA 75-30 - LYLE B. MITCHELL To allow a
parcel of property with less than three acres
of land to be rezoned to the R 1-PD District,
820 North Mabury, in the Ri District. APPROVED.
VA 75-33 - KENNEDY INVESTMENT - To allow a
temporary office trailer for a maximum of two
years in the R2 District, 711 N. Fairview.
APPROVED.
VA 75-44 - KARL GRESOWSKI To allow a
medical laboratory, 2032 N. Broadway,
in the P District. APPROVED.
CA 13
CA 13
CA 13
CONDITIONAL USE Received and filed
PERMITS the Negative
Declarations and
Findings of Fact on the following:
CUP 75-6 - LYLE B. MITCHELL To construct
a ten-unit patio home development, 820
N. Mabury, in the R 1-PD District. APPROVED.
CA 13.1
MINOR EXCEPTIONS
Findings of Fact
Received and filed
the Determinations
of Exemption and
on the following:
EX 75-22 - H. F. ALBRECHT - To allow the
on-site sale and consumption of beer and
wine within a bona-fide restaurant that is
located within 300' of property zoned and/or
used for residential, 828 N. Broadway, in the
C3 District. APPROVED.
(Councilman Evans registered a NO vote.)
CA 13.2
CITY COUNCIL MINUTES
367 SEPTEMBER 2, 1975
CONSENT CALENDAR - Continued
EX 75-23 - RENE B. TAVITIAN - To allow on-sale
beer and wine in a restaurant located within
300' of property zoned and used for residential
purposes at 2208 N. Main Street in the C1
District. APPROVED.
CA 13.2
DEEDS, NO CASH Received and filed
GRANTEE, CITY Report of No-Cash
Deeds accepted by
the City Manager, pursuant to Resolution #69-156, from
August 12 through August 26, 1975, inclusive. CA 155
CHANGE ORDERS
Approved the follow-
ing Change Order:
PROJECT NO. 1345 Change Order #1 to add a
2" conduit crossing the South side of
Seventeenth Street at Broadway to provide
for additional conductors required, adding
$599.42 to the cost.
CA
89B
RELOCATION CLAIMS
Approved the follow-
ing Relocation Claims:
Down payment and rental differential payment claims
resulting from the Senior Citizens Housing Project:
Eric Ortleb, 410 West Second Street $3,400
Don Harkins, 412 West Second Street 3,600
CA 137.8
RESIGNATIONS FROM
BOARDS & COMMISSIONS
Received and filed
the following letter
of resignation:
Letter to Doy Henley dated August 26, 1975
confirming his resignation from the Human
Relations Commission.
CA 131.2
COUNCIL REFERRAL
SUMMARY
Staff by Council,
Received and filed
the status Report of
items referred to
dated September 2, 1975. CA 80.2
PROCLAMATIONS
by the Mayor:
Received and filed
the following
Proclamations issued
CITIZENSHIP DAY - Proclaims September 17,
1975 as Citizenship Day.
CA 46
WORLD LITERACY DAY - Proclaims September 8,
1975 as World Literacy Day.
CA 46
NATIONAL CANCER DAY - Proclaims September 8,
1975 as National Cancer Day.
CA 46
* * * ~ * * * * ~ CONSENT CALENDAR FINIS
CITY COUNCIL MINUTES
368 SEPTEMBER 2, 1975
ALCOHOLIC BEVERAGE Council unanimously
LICENSE APPLICATION (7-0) received and filed
KURT SCHNITZLER the following Applica-
tion, on motion of
Councilman Evans, seconded by Councilman Ward:
SCHNITZLER, Kurt Franz 3800 South Plaza
Drive, Building E-1 - Person to Person
Transfer - Type "47" On Sale General
(Bona Fide Public Eating Place).
CA 146
ALCOHOLIC BEVERAGE The City Attorney was
LICENSE APPLICATION instructed to file the
ARISTEO & MARIA VELAZQUEZ recommended protests
on the following
Application; in addition, further consideration of the applica-
tion was continued to September 15, on motion of Councilman
Evans, seconded by Councilman Ortiz, and carried (6-1), with
Councilman Yamamoto dissenting:
VELAZQUEZ, Aristeo and VELAZQUEZ, Maria -
900 East Fourth Street - Original Type
"41" On Sale Beer & Wine (Public Eating
Place) PROTEST - Police, PROTEST - (Minor
Exceptio--~.
CA 146.1
The continuance was granted at the request of Frederick P.
Aguirre, Attorney, representing the applicants, to provide
him an opportunity to prepare a response to the Police protest.
READING WAIVED Full reading of all
resolutions and
ordinances, the titles
of which appeared on
the public Agenda, was waived, and consideration was given
by title only, on the unanimously carried (7-0) motion of
Councilman Evans, seconded by Councilman Ward.
ORDINANCE NS-1270 The following Ordinance
TAX RATE was placed on second
reading and adopted
(4-3), on motion of
Councilman Evans, seconded by Councilman Bricken, with Coun-
cilmen Ward, Brandt and Yamamoto voting NO:
ORDINANCE NO. NS-12?0 - AN ORDINANCE OF THE CITY
OF SANTA ANA, CALIFORNIA, FIXING THE AMOUNT OF
MONEY ASCERTAINED TO FINANCE OPERATING AND CAPITAL
EXPENDITURE COSTS OF THE VARIOUS DEPARTMENTS OF
THE CITY, AND TO PAY THE BONDED INDEBTEDNESS
FALLING DUE FOR THE CURRENT FISCAL YEAR 1975-
76 FIXING THE RATE OF TAXATION FOR SAID CURRENT
FISCAL YEAR, AND DESIGNATING THE NUMBER OF
CENTS OF TAX ON EACH $100.00 OF ASSESSED
VALUE FOR THE VARIOUS FUNDS OF SAID CITY
HEREBY LEVIED ON THE WHOLE OF THE TAXABLE
PROPERTY IN SAID CITY. ($1.61). CA 6SE
ORDINANCE NS-1268 The following Ordinance
UTILITY USERS TAX was placed on second
reading and adopted, on
motion of Councilman
Ward, seconded by Councilman Yamamoto, and carried (4-3), with
Councilmen Brandt, Evans and Ortiz voting NO:
CITY COUNCIL MINUTES 369 SEPTEMBER 2, 1975
ORDINANCE NO. NS-1268 - 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 (3%).
CA 65B
ORDINANCE NS-1274 Councilman Ward's
UTILITY USERS TAX motion, seconded by
Councilman Bricken,
to place the follow-
ing ordinance on first reading, failed to carry (3-4),
with Councilmen Brandt, Evans, Yamamoto and Ortiz voting NO:
ORDINANCE NO. NS-1274 - AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING ARTICLE VI OF CHAPTER
35 OF THE SANTA ANA MUNICIPAL CODE BY ADDING
SECTION 35-167 PROVIDING FOR A MAXIMUM AMOUNT
PAYABLE UNDER THE UTILITY USERS TAX. (A
maximum amount of $3,750 payable for the fis-
cal year 1975-76 and a maximum of $5,000 for
each fiscal year thereafter).
CA 65B
ORDINANCE NS-1269 The motion by Council-
UTILITY USERS TAX man Ward, seconded by
Councilman Bricken, to
place the following
ordinance on second reading and adopt, failed to carry (3-4),
with Councilmen Brandt, Evans, Yamamoto and Ortiz dissenting:
ORDINANCE NO. NS-1269 - AN ORDINANCE OF THE CITY
OF SANTA ANA AMENDING ARTICLE VI OF CHAPTER
35 OF THE SANTA ANA MUNICIPAL CODE BY ADDING
SECTION 35-167 PROVIDING FOR A MAXIMUM AMOUNT
PAYABLE UNDER THE UTILITY USERS TAX (A maximum
of $5,000 payable annually).
CA 65B
ORDINANCE NS-1271 The following ordinance
PLANNING COMMISSION was placed on second
COMPENSATION reading and adopted,
on the unanimously
carried (?-0) motion of Councilman Evans, seconded by Council-
man Ward:
ORDINANCE NO. NS-1271 - AN ORDINANCE OF THE CITY
OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA
ANA MUNICIPAL CODE FOR THE PURPOSE OF PRO-
VIDING BY RESOLUTION FOR COMPENSATION PAYMENTS
FOR MEMBERS OF THE PLANNING COMMISSION OF THE
CITY.
CA 78.1
CA 80.9
ORDINANCE NS-1272
DOG LICENSE TAXES
ordinance on second reading and adopt, carried (6-1),
Councilman Bricken dissenting:
ORDINANCE NO. NS-1272 - AN ORDINANCE OF THE CITY
OF SANTA ANA AMENDING SECTION 5-51 OF THE
SANTA ANA MUNICIPAL CODE TO PERMIT THE COUNCIL
TO ESTABLISH DOG LICENSE TAXES BY RESOLUTION.
Councilman Evans'
motion, seconded by
Councilman Ward, to
place the following
with
CA 65
CITY COUNCIL MINUTES
370 SEPTEMBER 2, 1975
ORDINANCE NS-1273 The following
PARAMEDIC FEES ordinance was placed
on second reading
and adopted, on the
unanimously carried (?-0) motion of Councilman Evans,
seconded by Councilman Bricken:
ORDINANCE NO. NS-1273 - AN ORDINANCE OF THE CITY
OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL
CODE BY AMENDING SECTION 14-23 BY PROVIDING
THE AUTHORITY TO ESTABLISH AND COLLECT FEES
FOR MEDICAL CARE AND EMERGENCY SERVICES
RENDERED BY PARAMEDICS USING PARAMEDIC
VEHICLES OWNED BY THE CITY OF SANTA ANA OR
OTHER CITY OF SANTA ANA FIRE DEPARTMENT
VEHICLES WHERE THE PERSON IS NOT TRANSPORTED
BY A CITY OWNED PARAMEDIC OR OTHER FIRE DEPART-
MENT VEHICLE.
CA 64.2
CA 65
ORDINANCE NS-1275 The following
WIPING RAG BUSINESS ordinance was
placed on first
reading, on motion
of Councilman Evans, seconded by Councilman Brandt, and
carried (6-1), with Councilman Bricken dissenting:
ORDINANCE NO. NS-1275 - AN ORDINANCE OF THE CITY
OF SANTA ANA ADDING ARTICLE IX, SECTIONS 451
THROUGH 455 TO CHAPTER 18 OF THE SANTA ANA
MUNICIPAL CODE ESTABLISHING REQUIREMENTS FOR
APPLICATION AND PROCEDURE FOR ISSUANCE OF
PERMITS FOR WIPING RAG BUSINESSES. (To
comply with State requirement).
CA 65.6
ORDINANCE NS-1276 Councilman Evans'
BICYCLE LICENSING motion, seconded
by Councilman Yama-
moto, to place the
following ordinance on first reading, carried (5-2), with
Councilmen Ward and Bricken voting NO:
ORDINANCE NO. NS-1276 - AN ORDINANCE OF THE CITY
OF SANTA ANA AMENDING AND ADDING TO CHAPTER
10, ARTICLE III OF THE SANTA ANA MUNICIPAL
CODE FOR THE PURPOSE OF COMPLYING WITH THE
STATE OF CALIFORNIA VEHICLE CODE CONCERNING
BICYCLE LICENSING.
CA 65
ORDINANCE NS-1277 The motion by
ABATEMENT OF NUISANCES Councilman Yamamoto,
& ASSESSMENT OF COSTS seconded by Council-
man Ward, to receive
and file the Quigley Lane Status Report from the Assistant
Director of Public Works dated August 14, 1975, and to
place the following ordinance on first reading, carried
[6-1), with Councilman Evans dissenting:
ORDINANCE NO. NS-1277 - AN ORDINANCE OF THE CITY
OF SANTA ANA ADDING CHAPTER 17 TO THE SANTA
ANA MUNICIPAL CODE, PERTAINING TO THE ABATE-
MENT OF PUBLIC NUISANCES AND THE ASSESSMENT
OF THE COSTS OF ABATEMENT.
CA 99.3
CITY COUNCIL MINUTES
371 SEPTEMBER 2, 1975
RESOLUTION NO. 75-101 The following
HEALTH PLANNING COUNCIL resolution was
tabled, and Item
189 was deleted
from the Council Referral Summary, on the unanimously
carried (?-0) motion of Councilman Yamamoto, seconded
by Councilman Evans:
RESOLUTION NO. 75-101 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA
SUPPORTING THE CONTINUATION OF THE ORANGE
COUNTY HEALTH PLANNING COUNCIL AND ITS
DESIGNATION AS THE "HEALTH SYSTEMS AGENCY"
FOR THE ORANGE COUNTY AREA.
RESOLUTION NO. 75-115 Council adopted
DOG LICENSE TAXES the following
resolution (6-1),
on motion of
Councilman Evans, seconded by Councilman Ward, 'with
Councilman Bricken dissenting:
RESOLUTION NO. 75-115 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA ESTAB-
LISHING ANNUAL DOG LICENSE TAXES AND A
FIRST FISCAL YEAR'S EXEMPTION FOR NEUTERED
DOGS.
CA 112.7
CA 65
RESOLUTION NO. 75-125 The following
DEPOSITORY OF CITY FUNDS resolution was
BANK OF CALIFORNIA unanimously adopted
(7-0), on motion
of Councilman Evans, seconded by Councilman Ward:
RESOLUTION NO. 75-125 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA
DESIGNATING THE BANK OF CALIFORNIA AS THE
DEPOSITORY FOR CITY OF SANTA ANA FUNDS EFFEC-
TIVE JANUARY 1, 1976, AND DESIGNATING SIGNATURES
AUTHORIZED FOR THE PURPOSE OF WITHDRAWAL OF SAID
FUNDS.
CA 65
RESOLUTION NO. 75-126 The motion by Coun-
VACATION - WASHINGTON AVE. cilman Evans to
adopt the following
resolution, and set
the matter for public hearing on October 6, 1975, at 7:30
P.M., was seconded by Councilman Ward, and carried unan-
imously (7-0):
RESOLUTION NO. 75-126 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
MAP AND DECLARING INTENTION TO VACATE A PORTION
OF WASHINGTON AVENUE ADJACENT TO THE WEST SIDE
OF THE SANTA ANA FREEWAY RIGHT OF WAY AND RE-
SERVING AN EASEMENT FOR UTILITY PURPOSES.
CA 14
RESOLUTION NO. 75-127 The following resolu-
AB 1427 - OPEN SPACE EASEMENTS tion was continued
until such time as a
joint meeting between
City Councils of Santa Aha and Garden Grove is held to
further clarify the Willowick Golf Course negotiations, on
motion of Councilman Ward, seconded by Councilman Bricken,
and carried (5-2), with Councilmen Evans and Brandt dissenting:
CITY COUNCIL MINUTES 372 SEPTEMBER 2, 1975
RESOLUTION NO. 75-127 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA EX-
PRESSING SUPPORT FOR AB 1427 (ROBINSON)
RELATING TO OPEN SPACE EASEMENTS.
A prior motion for adoption of the resolution by Councilman
Yamamoto, seconded by Councilman Bricken, was withdrawn by
maker and second.
Prior to the vote on the motion, Council discussed the
status of the Willowick Golf Course negotiations with
the City of Garden Grove. The City Manager stated that
adoption of Resolution No. 75-127 is another step in the
good faith agreement between the cities that will help
Garden Grove to eliminate the taxes it pays on the golf
course because it is within Santa Ana City limits; and
that in return Garden Grove will assist Santa Ana to
secure a HUD grant toward a park site, as well as cooperate
in the improvements of streets, drains, curbs and sidewalks
in the golf course area.
CA $7
RESOLUTION NO. 75-128
PARAMEDIC FEES
man Evans, seconded by
Council unanimously
adopted (7-0) the
following resolution
on motion of Council-
Councilman Bricken:
RESOLUTION NO. 75-128 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISH-
ING A FEE FOR EMERGENCY SERVICES AND MEDICAL CARE
RENDERED TO PERSONS BY PARAMEDICS USING CITY OF
SANTA ANA OWNED PARAMEDIC VEHICLES OR OTHER CITY
OF SANTA ANA FIRE DEPARTMENT VEHICLES WHERE THE
PERSON IS NOT TRANSPORTED BY A CITY OWNED PARA-
MEDIC OR OTHER FIRE DEPARTMENT VEHICLE.
CA 64.2
CA 65
LEAGUE OF CALIFORNIA CITIES' The City Council of
PROPOSAL FOR 10% STATE INCOME the City of Santa Aha
TAX INCREASE took a position in
opposition to the
implementation for or the addition to the State Income Tax
of 10% on the motion of Councilman Brandt, seconded by Council-
man Evans and carried (5-2) with Councilmen Ward and Bricken
dissenting. The motion followed with an earlier motion to
support the League of Cities' proposal defeated (2-5) with
Councilmen Brandt, Evans, Yamamoto, Ortiz and Bricken dis-
senting.
The Councilmen expressed the views that they would support
it if it would replace a portion of the property tax, that
they did not wish to pay the State a percentage of the tax
to collect for the benefit of the City; that the citizens
of Santa Ana cannot afford an increase in taxes; and that
the State gives no assurance that its budget would be cut
to enable it to return 10% to the cities.
Mr. Billy C. Hall, Executive Director of the City Center
Association, stated that their Board of Directors discussed
the matter and are opposed to the 10% increase in the State
Income Tax.
CITY COUNCIL MINUTES
373 SEPTEMBER 2, 1975
Mr. Ray Villa, 2106 North Bristol, stated that he would favor
the enabling legislation so that the City could at some time
use it. CA 148.5
REQUEST FOR WAIVER FROM PROVISIONS In response to a letter
OF ORDINANCE NS-1143 - CASE~SWAYNE from the applicant re-
CO., INC. questing a continuance,
it was moved by Council-
man Evans, seconded by Councilman Ward, and carried (7-0)
unanimously that the request for waiver of the requirements
to install curb, gutter and sidewalk in conjunction with
structural improvements to the Case Swayne Co., 1661 East
Palm Street, be considered at the Council meeting of Septem-
ber 15, 1975. CA
29.4
REQUEST FOR RECONSIDERATION The request for recon-
OF 3% UTILITY USERS TAX sideration of the 3%
utility users' tax
by the Greater Santa
Ana Chamber of Commerce Industrial Development Committee in
its letter dated August 1, 1975, was tabled on the motion
of Councilman Evans, seconded by Councilman Ortiz, and carried
(6-1) with Councilman Yamamoto dissenting.
CA 65B
PETITION FOR FOUR-WAY STOP The request of 62
SIGNS AT MAURI AND BERNI petitioners for a
four-way stop at the
intersection of Mauri
and Berni was denied based on the failure of the intersection
to meet minimum warrants, on the motion of Councilman Ortiz,
seconded by Councilman Brandt and carried (4-3) with Council-
men Evans, Yamamoto and Bricken dissenting. CA 18.3
REQUEST FOR WAIVER OF OFF-STREET The Determination of
PARKING PROVISIONS OF C3 DISTRICT Exemption was received
and filed and the
request for waiver
of off-street parking provisions of C3 District, filed by
H. F. Albrecht for his property located at 828 N. Broadway
was approved with the condition that the applicant provide
a parking alternative satisfactory to the Planning Director,
on the motion of Councilman Ward, seconded by Councilman Evans
and carried (6-1) with Councilman Ortiz dissenting.
The Planning Commission and the Redevelopment Commission had
recommended approval of the parking waiver on August 25, 1975.
CA18
RECESS
sumed at 4:30 P.M. with the same
At 4:22 p.m., Mayor
Garthe declared a
recess of the meeting
and the meeting re-
Councilmen present.
SUMMER YOUTH PROGRAM The summer youth
STATUS REPORT program status report
dated August 20, 1975,
was received and filed
on the motion of Councilman Evans, seconded by Councilman
Ortiz, and carried (7-0) unanimously. CA 140.3
CITY COUNCIL MINUTES
374 SEPTEMBER 2, 1975
PROMOTIONAL BROCHURE The Redevelopment
Council Referral Item #205 Commission report
dated July 28, 1975,
recommending shared
cost between the City and Redevelopment Agency in the pre-
paration of a promotional brochure for the Civic Center and
surrounding areas, was received and filed on the motion of
Councilman Evans, seconded by Councilman Ward and unanimously
(7-0) carried. CA 82.12
COMMUNITY SERVICE AWARDS Councilman Ward moved,
and Councilman Bricken
seconded, to appoint an
ad hoc committee to
finalize the community service awards program proposed in
the July 2 and August 26 reports from the Public Information
Officer; the motion was carried (7-0) unanimously. CA 73B
CIVIC CENTER GRAPHICS Funding of graphics
program Alternate II
in the amount of
$30,325 with surplus
funds from Revenue Sharing Projects 8073 and 8079 (Appro-
priation Adjustment #16) was approved with the reservation
that the exact program be negotiated based on Council's com-
ments, on the motion of Councilman Ward, seconded by Mayor
Garthe and carried (4-3) with Councilmen Brandt, Evans and
Ortiz dissenting.
The motion was preceded by a motion to approve Alternate II
of the Civic Center Graphics Plan as presented by LeRoy Rose
and Associates with the deletion of the building number signs,
which failed to carry on a vote of 3-4 with Councilmen Brandt,
Evans, Ortiz and Bricken dissenting.
Mr. Ronald Wolford, Public Works Director, stated that the
building number signs are an integral part of the signing
program and are designed to illustrate the address numbers
which have been assigned to each building.
Councilman Bricken indicated that he did not feel that evi-
dence had been presented that would show that the system
would be effective. Councilman Ward stated that he was opposed
to the plastic material and vivid color of the building num-
ber signs.
Mr. Bruce Spragg, City Manager, stated that the architect
had been hired by the County of Orange and that the Civic
Center Commission and the County had approved Alternate II,
but that meetings could be arranged to discuss the plan.
Council had been provided with a staff report on the matter
dated August 12, 1975.
CA 77.17
CA 34
STATUS OF GREATER LOGAN AREA STUDY; Discussion of the Logan
AND DISCUSSION OF CIVIC CENTER DRIVE Area was continued to
EXTENSION - Council Referral #208 September 15, 1975 at
a study session to be
held at 12:00 Noon in Room 831, City Hall on the motion of
Councilman Bricken, seconded by Councilman Ward and carried
CITY COUNCIL MINUTES 375 SEPTEMBER 2, 1975
(7-0) unanimously.
Council had been provided with a status report from the
Director of Planning, dated August 27, 1975.
CA 78.6
CA 29.1
REQUEST FOR PROPOSAL FOR CONSULTING The Request for Proposal
SERVICE - COMMUNITY DEVELOPMENT dated August 11, 1975,
PLAN and transmittal letter
dated August 25, 1975,
to be forwarded to qualified Consultants were approved on
the motion of Councilman Evans, seconded by Councilman Brandt,
and carried (6-1) with Councilman Ward dissenting.
An amendment to the motion by Councilman Ward, seconded by
Councilman Yamamoto to eliminate the South Central Planning
area from the Request for Proposal failed to carry on a vote
of 2-8 with Councilmen Brandt, Evans, Garthe, Ortiz and Bricken
dissenting. Also defeated was a motion by Councilman Bricken,
seconded by Councilman Yamamoto to instruct the Staff in the
implementation of the RFP to deemphasize the South Central
Area in the allocation of the revenues for the planning pro-
cess to that level necessary to fill the legal requirements
of HUD and no more; the vote was 3-4 with Councilmen Brandt,
Evans, Garthe and Ortiz dissenting.
A portion of the discussion and the vote on the motions was
continued until after Item #61 on the agenda on the motion
of Councilman Brandt, seconded by Councilman Evans and carried
(6-1) with Councilman Yamamoto dissenting.
Richard Goblirsch, Redevelopment Director, stated that Council
might keep in mind that the $100,000 cost will be for the
eventual expenditure of the 12 million dollars; that the
planning cost would amount to 1%. CA 140.20
ORAL COMMUNICATION Dr. Wilhelm Di Nijs,
DR. WILHELM DI NIJS Director of Services
for the Blind, told
Council that he is
able to use an abandoned convalescent home at 1914 North Main
Street to house four families of Vietnamese refugees that
will be released from Camp Pendelton on October 15, 1975,
some of whom are visually impaired and most of whom are emo-
tionally disturbed; that he finds that the Planning Depart-
ment requires a variance application for the use desired;
that he is concerned that the proper clearances may take too
long to meet his deadline.
The Council advised Dr. Di Nijs that it is powerless to
waive or delete any portion of the variance procedure, but
by unanimous informal consent, the Council asked Staff to
give its full cooperation to Dr. Di Nijs in expediting his
variance application.
CA 13
AGREEMENT - TEAM POLICING An agreement between
CONCEPT TRAINING the City and the
County of Orange, to
provide team policing
concept training for City patrol officers by the County Coast
Regional Training Center, was approved and its execution by
the Mayor and Clerk was authorized on the unanimously approved
(?-0) motion of Councilman Bricken, seconded by Councilman
Yamamoto. A-75-76
CA 47.9
CITY COUNCIL MINUTES
376 SEPTEMBER 2, 1975
RECESS
Plankhouse Restaurant; the meeting was
p.m. with all Councilmen present.
At 5:35 p.m. Mayor
Garthe adjourned
the meeting for
dinner at the
reconvened at 7:30
INVOCATION Following the pledge
PLEDGE OF ALLEGIANCE of allegiance to the
Flag, led by Girl
Scout Troop #615,
led by Mrs. Donna Ashbaugh, the invocation was given by Dr.
Norman W. Conner, of the First Christian Church.
COMMUNITY SPOTLIGHT Dr. Ralph Stocker
COSMOPOLITAN INTERNATIONAL of Santa Ana, who is
the International
President of Cosmo-
politan International, described his organization as a men's
service club which meets weekly in Santa Ana. He stated that
its major projects are with the Learning Center, working with
educationally handicapped children, Logan Park, Library Asso-
ciation, Creative Care Center, Girl Scouts; that they meet
for fellowship and community service; and that he, person-
ally, is proud to represent the City of Santa Aha in the
United States, Canada and Mexico.
Mayor Garthe presented a City Seal Tile to Cosmopolitan In-
ternational for its outstanding contribution to the City of
Santa Aha.
CA 9.10
CA 80.17
CA' 9.3
SPECIAL PRESENTATION A 4' x 6' Axminster
BICENTENNIAL CARPET loom wool carpet of 24
colors specially de-
signed to celebrate the
Bicentennial, was presented to Mayor Garthe for the City of
Santa Ana by Lincoln Carpets of Buena Park which was repre-
sented by Fred Voss and Don Kleigle. Mayor Garthe expressed
Council's great appreciation for the carpet and assured that
it would be displayed in a prominent location in the City
Hall.
CA 80.7
PUBLIC HEARING - NEGATIVE Mayor Garthe announced
DECLARATION & APPEAL NO. that this was the
351 - VA 75-35 time and place for the
public hearing of Appeal
No. 351 regarding Variance Application 75~35 filed by William
R. Zschernig to allow a lock and key shop at 210 South Broad-
way in the P District; that Appeal No. 351 was filed by Robert
Moore, a property owner in the immediate vicinity.
Bill Daugherty, Senior Planner, reviewed the Planning Com-
mission Finding of Fact and presented slides of the area.
He stated that the Planning Commission had approved the
variance application on July 1S, 1975.
CITY COUNCIL MINUTES 377 SEPTEMBER 2, 1975
Those speaking in favor of the variance were:
William Zschernig, owner of property at 210
Broadway; and
South
Carl Dunn, 408 Valley, locksmith who desires
to rent the space at 210 South Broadway.
Those in favor of the variance pointed out that the area pro-
posed to be used for the lock shop is 11' x 21' or 231 square
feet; that the space has been for rent for some time and that
the space is too small for most professional uses; that there
will be no parking problem because most patrons of a lock
shop only stay in the shop for a matter of a few minutes and
that there are 10 parking spaces available at the rear of
the building and three in the front.
Speakers in opposition to the proposed variance were:
Robert J. Moore, 1905 W. 1Sth Street, Appellant
Clarence Walton, 201 South Broadway
Reba Moore, 1905 West 15th Street
The opponents stated that the Professional Zone should be
maintained; that there wer6 no other retail sales establish-
ments in the area; and that there was insufficient parking
available.
In rebuttal, Mr. Zschernig stated that the property needs
interior painting, but that otherwise it is in good repair;
that the other tenants do not park during the day; and that
the use would not be detrimental to the area.
There being no further speakers, the Mayor closed the public
hearing.
The Negative Declaration was received and filed on the motion
of Councilman Evans, seconded by Councilman Brandt and carried
(7-0).
Resolution No. 75-130 as follows was adopted on the motion
of Councilman Evans, seconded by Councilman Ortiz and carried
(5-2) with Councilmen Ward and Yamamoto dissenting:
RESOLUTION NO. 75-130 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA REVERSING THE
ACTION OF THE PLANNING COMMISSION ON VARIANCE
APPLICATION NO. 75-35 DENYING SAID VARIANCE APPLI-
CATION, AND APPROVING APPEAL NO. 351 FILED THEREON
BY ROBERT J. MOORE.
CA 13.3
PUBLIC HEARING - DETERMINATION Mayor Garthe announced
OF EXEMPTION AND VARIANCE 75-23 that this was the time
SAFEWAY STORES (SKAGGS DRUG) and place for the public
hearing of Variance 75-23
to allow a roof sign within 300' of an existing pole sign
in the C2 R2B Districts, 1445 South Main Street, filed by
Skaggs Drug.
The Planning Director reviewed the Planning Commission Find-
ing of Fact. He stated that the Planning Commission had
CITY COUNCIL MINUTES 378 SEPTEMBER 2, 1975
approved the Variance on June 23, 1975; and that the City
Council had set it for public hearing.
Mr. David Hunt, representing Skaggs Co., Inc~, 212 W. 1300
Street~ Salt Lake City~ Utah spoke in favor of the Variance.
He stated that gkaggs is a large National concern; that the
Croposed sign is the company's national logo; that the firm
· s new in Southern California and that it has not encountered
this problem in other cities; that the sign blends in with
the building and does not create an eyesore.
There were no other proponents or opponents who responded
to the Mayor's invitation to speak and he closed the public
hearing.
The Declaration of Exemption was received and filed on the
motion of Councilman Bricken, seconded by Councilman Ortiz
and carried (7-0) unanimously.
Resolution No. 75-131 as follows was adopted on the motion
of Councilman Bricken, seconded by Councilman Ortiz on a 5-
2 vote with Councilmen Evans and Yamamoto dissenting:
RESOLUTION NO. 75-131 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING
THE ACTION OF THE PLANNING COMMISSION ON VARIANCE
APPLICATION NO. 75-23 APPROVING SAID VARIANCE
FILED BY SAFEWAY STORES, INC. (SKAGGS DRUG).
CA 13.3a
PUBLIC HEARING - NEGATIVE Mayor Garthe announced
DECLARATION & AMENDMENT that this was the time
APPLICATION NO. 728 and place for the public
hearing of Amendment
Application No. 728 filed by Lyle B. Mitchell to rezone the
property at the southwest corner of Mabury Street and Fruit
Street from the Ri Single Family District to the R1-PD Single
Family Residential - Planned Development District.
The Planning Director stated that the proposed zone change
was in conformance with the General Plan and had been recom-
mended by Planning Commission Resolution No. 6073.
John Wells of Newport Beach, representing the property owner~
spoke in favor of the rezoning of the property where the
owner plans to build 10 single family units.
There were no other proponents or opponents and the Mayor
closed the public hearing.
The Negative Declaration was received and filed on the motion
of Councilman Evans, seconded by Councilman Brandt and unan-
imously (7-0) carried.
Ordinance No. NS-1278 as follows was placed on first reading
on the motion of Councilman Evans, seconded by Councilman
Brandt, and unanimously (7-0) carried:
ORDINANCE NO. NS-1278 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION
NO. 728 FILED BY LYLE B. MITCHELL TO REZONE
PROPERTY FROM THE R 1 DISTRICT TO THE R1-PD
(PLANNED DEVELOPMENT) DISTRICT, AND AMENDING
SECTIONAL DISTRICT MAP 8-5-9.
CA 10
CITY COUNCIL MINUTES
379
SEPTEMBER 2, 1975
PUBLIC HEARING - NEGATIVE Mayor Garthe announced
DECLARATION & AMENDMENT that this was the time
APPLICATION NO. 729 and place for the public
hearing of Amendment
Application No. 729 filed by James A. and Florence B. Lukens
to rezone the property located approximately 605 feet south
of Edinger, east of Raitt Street, between Pomona Street and
West St. Andrew Place, from A1 General Agriculture to the
R1-PD District Single Family Residential-Planned Develop-
ment.
The Senior Planner stated that the proposed
in conformance with the General Plan and has
by Planning Commission Resolution No. 6074.
zone change is
been recommended
Mr. Hugh Foreman, 2530 North Grand, represented the developer
of the property. He stated that a patio home development
was planned for the area which would be an asset to the com-
munity; that it would not increase the traffic load because
all of the automobiles in the development will exit or enter
from Raitt, a four-lane highway.
Mr. Seymour Braverman and James Lukens also spoke in behalf
of the applicants anwering questions regarding the proposed
development.
The Nega'tive Declaration was received and filed on the motion
of Councilman Evans, seconded by Councilman Yamamoto and
unanimously (7-0) carried.
Ordinance No. NS-1279 as follows was placed on first reading
on the motion of Councilman Evans, seconded by Councilman
Yamamoto and carried (7-0) unanimously:
ORDINANCE NO. NS-1279 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
729 FILED BY JAMES A. LUKENS AND FLORENCE B.
LUKENS TO REZONE PROPERTY FROM THE A 1 DISTRICT
TO THE R1-PD (PLANNED DEVELOPMENT) DISTRICT, AND
AMENDING SECTIONAL DISTRICT MAP 23-5-10.
CA 10
CONDITIONAL USE PERMIT 75-13 The Negative Declaration
JAMES A. AND FLORENCE B. LUKENS and the Planning Commis-
sion Finding of Fact
were received and filed
on the following, on the unanimously approved (7-0) motion
of Councilman Ward, seconded by Councilman Yamamoto, with
the additional condition that sidewalks be installed along
the east side of Raitt Street for the full length of the
property:
CUP 75-13 - JAMES A. AND FLORENCE B. LUKENS -
To permit a condominium project at 1601 S.
Raitt Street in the A1 District. APPROVED.
This item had been continued from the afternoon agenda. CA 13.1
RECESS
with the same Councilmen present.
At 9:15 p.m. Mayor
Garthe declared a
recess and at 9:22 p.m.
reconvened the meeting
CITY COUNCIL MINUTES
38O
SEPTEMBER 2, 1975
PUBLIC HEARING - NEGATIVE Mayor Garthe announced
DECLARATION & APPEAL NO. 352 that this was the time
CUP 75-7 and place for the public
hearing of Appeal No.
352 of the Planning Commission denial of Conditional Use
Permit 75-7 filed by Regina Harris to permit an infant care
center for children age 6 weeks to 2½ years in the R 1 Single
Family Residence at 418 South Forest Avenue. The CUP has
been filed by the U. S. Department of Housing and Urban
Development, owners of the property; Mrs. Harris would be
the operator of the proposed center.
The Planning Director reviewed the Finding of Fact of the
Planning Commission denial dated August 11, 1975. He stated
that the Commission had found that the proposed use would
not be in keeping with the single-family character of the
area; that there would be insufficient parking; and that
the use would create traffic, noise and congestion problems
in the area.
Regina Harris of 2051 S. Rene Drive stated that the house
at 418 S. Forest is planned as a day nursery for 16 infants;
that the house was obtained for $40 a month through a HUD
grant; that she and HUD had invested $1,500 and over $5,000,
respectively, in improving the house; that four day nurserys
in Santa Ana had no off-street parking; that there is a
pre-school with an enrollment of 45 children on Martha Lane
in a residential area; that her organization intends to
improve the property thereby raising its value; and that
the grant is for 10 months at which time Council could
evaluate the program to see if it has been detrimental to
the neighborhood.
Other speakers in favor of the day nursery were:
Sadie Reid, 1401 West Richmond
Jo Caines, 1792 North Winlock, Orange,
representative of Social Programs Advisory
Committee
Tom Watford, Orange County Revenue Sharing
Office
The proponents stated that there is a need for the service
and it will be an asset to the community; that staff members
would park in the Community Free Methodist Church parking
lot; and that the majority of applicants would be walking
to the school.
Mrs. Harris filed a letter dated August 24, from Pastor Gene
Valenciana, Community Free Methodist Church, 1600 West Myrtle,
confirming approval for use of six parking spaces in the
church lot; a letter dated September 2, from Bettye Lewis,
Chairman of the Santa Ana College Development Department,
supporting the proposal; a petition signed by 21 residents
of the area in favor of the proposed use; and a statement
signed by seven residents in the area of the Martha Lane
Pre-school to the effect that they were not disturbed or
inconvenienced by it.
CITY COUNCIL MINUTES
381 SEPTEMBER 2, 1975
Those speaking in opposition to the proposed conditional
use permit were:
Irma Jiminez of 414 So. Forest
Wilbert Johnson, 417 So. Forest
F. A. Stockton, 1615 W. Myrtle
Claudia Burton, 414 South Spruce
Mrs. Sanchez, a resident of the neighborhood
Jan Boer, 912 No. Lowell
The opponents stated that the project was not suitable for
an R 1 area; that the applicant has no way to control the
traffic that will be generated; that both the Planning Com-
mission and Planning staff had opposed the application; that
it will establish a precedent for similar operations to en-
croach into the R 1 District; that it is actually commercial
and belongs in a C 1 zone; that it will disturb the peace
and quiet of a nice residential neighborhood; and that usu-
ally such uses tend to accelerate.
There being no further speakers either for or against Con-
ditional Use Permit No. 75-7, the public hearing was closed
by the Mayor.
The Negative Declaration was received and filed on the motion
of Councilman Bricken, seconded by Councilman Brandt and
carried (7-0) unanimously.
The following Resolution No. 75-132 was adopted on the motion
of Councilman Bricken, seconded by Councilman Yamamoto and
carried (7-0) unanimously with the additional condition that
the permit be reviewed by the Planning Department in ten
months from its issuance to determine whether or not the
use shall be continued.
RESOLUTION NO. 75-132 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA REVERSING THE
ACTION OF THE PLANNING COMMISSION ON CONDITIONAL
USE PERMIT APPLICATION CUP 75-7 APPROVING SAID
CONDITIONAL USE PERMIT APPLICATION AND APPROVING
APPEAL NO. 352 FILED THEREON BY REGINA HARRIS.
CA
13.4
PUBLIC HEARING - NEGATIVE Mayor Garthe announced
DECLARATION & APPEAL NO. that this was the time
353 - VA 75-40 and place for the
public hearing of
Appeal No. 353 of Variance 75-40 filed by Anderson Construc-
tion Company to construct a mobile home park at 1300 N.
Clinton Street, in the M 1 District, which was denied by
the Planning Commission on a 3 to 3 vote. The applicant
for the Variance is Marguerite Schubert.
The Planning Director reviewed the Finding of Fact of the
Planning Commission denial dated August 11, 1975. He stated
CITY COUNCIL MINUTES 382 SEPTEMBER 2, 1975
that the proposed use is not compatible with the surrounding
industrial and commercial uses and could lead to serious land
use conflicts.
Those speaking in favor of the variance were:
Robert G. Robb, 1661 Camrose Way, Anaheim,
representing Anderson Construction Company
and the property owner, Mrs. Marguerite
Schubert;
Richard Brooks, 3198-B Airport Loop Drive,
Costa Mesa, designer of the mobile home
project; and
Robert T. Connors, 12432 Euclid, Garden
Grove, realtor
The ~roponents stated that the owner, through her real estate
agent, had tried for two years to lease the property for an
industrial use without success; that the owner is pleased
with the proposed mobile home development; that the develop-
ment has been designed and landscaped to provide residents
with buffer zones to reduce the undesirable aspects of prox-
imity to industrial areas; and that a "Notice to Tenants"
will be provided to each prospective tenant to notify of such
proximity to possible noise and dust pollution.
There were no further speakers, and the public hearing was
closed by the Mayor.
The Negative Declaration was received and filed on the motion
of Councilman Evans, seconded by Councilman Ortiz and carried
(7-0) unanimously.
The following Resolution No. 75-133 Was adopted on the motion
of Councilman Evans, seconded by Councilman Ortiz and carried
(7-0) unanimously with the added condition that all tenants
received the "Notice to Tenants" filed by the applicant:
RESOLUTION NO. 75-133 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA REVERSING THE
ACTION OF THE PLANNING COMMISSION ON VA NO. 75-40,
APPROVING SAID VARIANCE APPLICATION, AND APPROVING
APPEAL NO. 353 FILED THEREON BY ANDERSON CONSTRUC-
TION COMPANY
CA 13.Z
PUBLIC HEARING - NEGATIVE Mayor Garthe announced
DECLARATION & APPEAL NO. that this was the time
354 - VA 75-46 and place for the public
hearing of Appeal No. 354
of Variance 75-46 filed by J. Ogden Markel regarding the location
of a dental laboratory at 602 West Edinger, in the R 1 District.
The Variance, filed by George Georgieff, had been approved by
the Planning Commission on August 11, 1975.
The Senior Planner reviewed the Finding of Fact of the Planning
Commission approval and stated that the basic issue is re-
lated to parking.
CITY COUNCIL MINUTES 383 SEPTEMBER 2, 1975
Speakers in opposition to the issuance of the variance were:
J. Ogden Markel, 1814 South Parton; and
Charles Kaeser, 1617 South Parton
Those in opposition stated that there was insufficient park-
ing available on the property for a dental lab; that the
parking spaces proposed by the applicant on the east side
of the building were inaccessible because the northerly
approach on Van Ness was to be closed; that parking was al-
ready a problem in the area because of the patrons and staff
of the dental office building at 612 West Edinger; and that
18 neighbors had signed a petition opposing the variance
which had been filed with the Planning Commission.
Dr. Hostetler, one of the applicants for the variance, spoke
in favor of the variance and said that there were only two
employees of the dental lab; that it was his intention to
improve the property and to serve the community in that
area; that the location is essential to proper function and
coordination between the laboratory and office; and that the
subject property will be bound to the property immediately
adjacent to provide nine parking stalls.
Dr. Hostetler filed letters of support from the following:
Mike Dymond, 1508 S. Parton; and
Wilber Campbell, 1512 S. Van Ness
There were no other proponents or opponents and the Mayor
closed the public hearing.
Councilman Ortiz and Mayor Garthe both
a parking problem in the area and that
parked bumper to bumper.
stated that there is
the street is usually
The Negative Declaration was
imously carried (7-0) motion
by Councilman Brandt.
received and filed on the unan-
of Councilman Evans, seconded
The following Resolution No. 75-134 was adopted on the motion
of Councilman Ortiz, seconded by Mayor Garthe and carried
5-2 with Councilmen Ward and Yamamoto dissenting:
RESOLUTION NO. 75-134 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA REVERSING THE
ACTION OF THE PLANNING COMMISSION ON VA NO. 75-46,
DENYING SAID VARIANCE APPLICATION AND APPROVING
APPEAL NO. 354 FILED THEREON BY J. OGDEN MARKEL
In discussing the motion, Councilmen Bricken, Ortiz, and
Mayor Garthe agreed that a different plan to utilize the
property could solve the parking problem.
CA 13.3
PUBLIC HEARING - NEGATIVE Mayor Garthe announced
DECLARATION & APPEAL NO. that this was the time
355 - EX 75-25 and place for the public
hearing of Appeal No. 355
of the Zoning Administrator's denial of Minor Exception 75-25
filed by J. B. and Margaret Price, applicant and appellant,
CITY COUNCIL MINUTES 384 SEPTEMBER 2, 1975
to waive a portion of the required parking in connection with
addition to an existing restaurant at 122 East Seventeenth
Street, in the C 1 District.
The Senior Planner reviewed the Finding of Fact of the Zon-
ing Administrator's denial dated August 21, 1975. He stated
that on-street parking in the area is very limited; and that
the applicant had not provided any agreements that would per-
mit off-site parking on nearby properties.
The following persons spoke in favor of the application:
Art Gonzales, owner of the Casa Palma Restaurant,
122 E. Seventeenth Street; and
Clark Miller, representing the applicants
The proponents stated that a total of 35 parking places were
required by the Code and that 31 spaces can be provided; that
it would be possible to lease parking spaces from the owner
of the property at the corner of 16th and Bush Streets. It
was stated further that negotiations are underway with the
President of Norm's Restaurants, the adjacent property, to
remove the wall between the properties so that parking can
be shared.
There being no speakers in opposition to the minor exception,
Mayor Garthe closed the public hearing.
The Negative Declaration was received and filed on the unani-
mously (7-0) carried motion of Councilman Evans, seconded
by Councilman Ortiz.
The following Resolution No. 75-135 was adopted on the motion
of Councilman Ortiz, seconded by Councilman Evans and carried
5-2 with Councilmen Yamamoto and Evans dissenting to the
amended motion:
RESOLUTION NO. 75-135 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA REVERSING THE
ACTION OF THE ZONING ADMINISTRATOR ON EX APPLICA-
TION 75-25, APPROVING SAID MINOR EXCEPTION PERMIT
APPLICATION AND APPROVING APPEAL NO. 355 FILED
THEREON BY J. B. AND MARGARET PRICE
Prior to
moved to amend the Resolution to add the condition that ap-
plicant be required to submit evidence to the Planning Depart-
ment that he has negotiated a parking sharing agreement with
Norm's Restaurant in the manner described or is able to
enter into a lease for property within a reasonable distance
of the present parking to satisfy the requirement for his
employees; said motion was seconded by Mayor Garthe and
carried 5-2 with Councilmen Evans and Yamamoto dissenting.
the vote on the amended main motion, Councilman Bricken
CA 13.5
REQUEST FOR REMOVAL OF The hearing to remove
LINCOLN AVENUE BIKE LANE the Lincoln Avenue
Bike Lane was continued
to September 15, 1975,
on the evening agenda on the motion of Councilman Ward, seconded
by Councilman Brandt and carried 6-1 with Councilman Yamamoto
dissenting.
CITY COUNCIL MINUTES 385 SEPTEMBER 2, 1975
Mrs. Ann Tucker, who requested the removal of the Lincoln
Avenue Bike Lane, stated that a majority of the residents
favor the removal. Mrs. Tucker filed a petition signed by
30 persons residing in the neighborhood; 24 were in favor
of removal, § were not.
Angela Bauer, residing at 1018 E. Avalon, spoke in favor of
the removal.
Motions made prior to the final action of the Council were
to reconsider Resolution No. 74-138 made by Councilman Evans,
seconded by Councilman Brandt and carried S-2 with Council-
men Yamamoto and Ortiz dissenting; to refer to the City At-
torney for required action recommendation made by Councilman
Ward, seconded by Councilman Brandt and subsequently with-
drawn by Councilman Ward; to continue the matter to the next
Council meeting for a report from the City Attorney regarding
the legality of removing the bike lane made by Councilman
Ortiz, seconded by Councilman Brandt which failed 3-4 with
Councilmen Ward, Evans, Garthe and Yamamoto dissenting; to
remove the Lincoln Avenue Bike Lane made by Councilman Evans,
seconded by Councilman Bricken which failed 3-4 with Council-
men Ward, Garthe, Yamamoto and Ortiz dissenting; and to re-
consider the previous motion to continue, made by Councilman
Ward, seconded by Councilman Brandt which carried 6-1 with
Councilman Yamamoto dissenting. CA 18.6
PUBLIC HEARING - NEGATIVE DECLARATION Mayor Garthe announced
& ANNEXATION TO CITY - "FAIRHAVEN that this was the time
AND GRAND SOUTHEAST ANNEX NO. 3" and place for the
public hearing of the
Negative Declaration and annexation to the City of Santa Ana
of "Fairhaven and Grand Southeast Annex No. 3".
There being no speakers to the matter of the Negative Dec-
laration or of the subject annexation, Mayor Garthe closed
the public hearing.
The Negative Declaration was received and filed on the unan-
imously approved motion of Councilman Ward, seconded by
Councilman Evans.
The following
imously (7-0)
by Councilman
Resolution No. 75-123 was adopted on the unan-
carried motion of Councilman Ward, seconded
Brandt:
RESOLUTION NO. 75-123 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA RESCINDING
RESOLUTION NO. ?S-114 WHICH APPROVED THE
ANNEXATION OF TERRITORY DESIGNATED "FAIRHAVEN
AND GRAND SOUTHEAST ANNEX NO. 3" TO THE CITY
OF SANTA ANA
The following
imously (7-0)
by Councilman
Resolution No. 75-124 was adopted on the unan-
carried motion of Councilman Ward, seconded
Evans:
RESOLUTION NO~ 75-124 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE
ANNEXATION OF TERRITORY DESIGNATED "FAIRHAVEN
AND GRAND SOUTHEAST ANNEX NO. 3" TO THE CITY
OF SANTA ANA
CA 94
CITY COUNCIL MINUTES
386
SEPTEMBER 2, 1975
PUBLIC HEARING - RATE ADJUSTMENT The public hearing of
FOR REFUSE COLLECTION the matter of rate
adjustment for refuse
collection was con-
tinued to the evening of September 15, 1975, on the unani-
mously (?-0) carried motion of Councilman Evans, seconded
by Councilman Ward. CA 11.4
ORAL COMMUNICATIONS Mrs. Janice Boer,
PLANNING COMMISSION 912 North Lowell
Street, asked why
Commissioner Daniel
Griset had not been removed from the Planning Commission
following his "conviction of a felony, lowered to a misde-
eanor" in view of the fact chat it has been eight months
since he was indicted by the Grand Jury.
Mayor Garthe responded that Mr. Griset had not been convicted
of a felony. CA 78.1
RECESS At 12:25 a.m., the
EXECUTIVE SESSION Mayor declared a
recess for an Executive
Session to consider a
legal matter. Council reconvened at 12:40 a.m., with all
members present.
LULAC LITIGATION Funds were appropriated
and a Deputy City
Attorney and a Per-
sonnel Analyst from
the City Staff were authorized to travel to Boston for legal
conferences regarding the LULAC litigation, on the unanimously
approved (7-0) motion of Councilman Evans, seconded by Council-
man Brandt. CA 139
ADJOURNMENT
for a study session in Room 831
At 12:45 p.m. the
meeting was adjourned
to 12:00 Noon on
September 15, 1975,
of the City Hall.
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES
387 SEPTEMBER 2, 1975
CITY COUNCIL MINUTES
388