Loading...
HomeMy WebLinkAbout09-15-1975 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 1S, 1975 The Adjourned Regular Meeting of the City Council was called to order at 12:05 p.m., by Mayor John Garthe, in Room 831, City Hall, 20 Civic Center Plaza. Proper Notice and Posting of the meeting had been given with affidavits on file in the Office of the Clerk of the Council. Following the Pledge of Allegiance, roll call was answered by: Councilmen Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward and Mayor John Garthe. 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, and a press representative. RECESS Mayor Garthe declared EXECUTIVE SESSION a recess at 12:06 p.m., for an Executive Session to consider personnel and legal matters. The Council reconvened at 1:45 p.m., with all Councilmen present. WILLOWICK GOLF COURSE Grove arrived to participate in discussion. Mayor Bernard Adams and City Manager Richard Powers of the City of Garden the Willowick Golf Course City Manager Bruce Spragg summarized the considerations involved. He stated that the golf course is owned by the City of Garden Grove and is situated within the City limits of Santa Ana; that, therefore, Garden Grove must pay an annual tax on the property; that Garden Grove has leased the golf course to a private con- tractor who is trying to operate on a long term lease and who will, hopefully, renovate the clubhouse and make major improve- ments in the sprinkler system. He further stated that Santa Aha has agreed to help Garden Grove seek relief from the property tax by supporting its law suit against the County and by endorsing ~egislation introduced by Assemblyman Robinson. In return, Garden Grove has agreed to "O", Open Space Land Zone for all the property and to assist Santa Ana in securing a HUD grant toward a park site, as well as cooperate in the improvement of streets, drains, curbs and sidewalks in the golf course area. Mayor Adams stated that the golf course bond holders would have to approve the sale of the property proposed for the park de- velopment. Councilman Evans stated that it would be virtually impossible to obtain that approval, and that Santa Aha would have to accept the property with the remote possibility that there would be a foreclosure under the bonds. CITY COUNCIL MINUTES 389 SEPTEMBER 15, 1975 City Attorney Keith Gow stated that the possibility of Santa Ana condemning the interest of the bond holders in the property could be explored. Mayor Adams stated that if Santa Ana agrees to the concept of having Willowick tax exempt, the City of Garden Grove would ask that the tax exempt status be protected by a permanent open space agreement; that in turn Garden Grove would sell certain proper- ties on Fifth Street~ and negotiate to sell Garden Grove's water services to Santa Aha; that basically that is what Garden Grove agrees to, and if that is still Santa Ana's understanding, the agreement can be re-consummated. The consensus of the Council was to continue consideration of the matter at a study session. CA 52.6 ADJOURNMENT (7-0) motion of Councilman Evans, Ward. The meeting was adjourned at 2:10 p.m.~ on the unani- mously approved seconded by Councilman [LO~NCE I. MA~NE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 390 SEPTEMBER 15, 1975 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 15, 1975 The Regular Meeting of the City Council was called to order at 2:20 P.M. by Mayor John Garthe, in the Council Chambers, 22 Civic Center Plaza, with the following Council members present: David L. Brandt, Gordon Bricken, Vernon S. Evans, David F. Ortiz, James E. Ward, Harry K. Yamamoto, and Mayor John Garthe. Also present were Captain Charles Thayer of the Santa Ana Police Department, Director of Finance Lawrence Shaffer, Purchasing and Property Control Officer Don Ramsey, Director of Public Works Ronald E. Wolford, Director of Plan- ning Charles C. Zimmerman, Executive Director of the Redevelop- ment Agency Richard Goblirsch, Assistant to the City Manager Manuel Rede, Assistant City Manager Thomas J. Andrusky, City Attorney Keith L. Gow, City Manager Bruce Spragg, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE man Yamamoto. Following the Pledge of Allegiance to the Flag, the Invocation was given by Council- CA 80.17 CONSENT CALENDAR The following Agenda items were removed from the Consent Cal- endar: Items 4B and 7A requested by Councilman Yamamoto; Item 9D requested by Councilman Ward; and Item 9B requested by Mayor Garthe. The following Councilmen registered NO votes: Councilman Yamamoto on 6C; and Councilman Evans on 7 A and B. On the unanimously carried (7-0) motion of Councilman Evans, seconded by Councilman Yamamoto, the Council affirmed the recommended action on the following Consent Calendar items: MINUTES August 18, 1975. 1975 and Approved the Minutes of the Adjourned Regular Meeting of the Regular Meeting of August 18, BID CALLS tisement for bids on the following: Approved plans and specifications and authorized adver- SPEC. 75-023 - Movable Office Partitions PROJECTS 8102, 8103, and 8104 - Installation of new traffic signals at the intersections of Harbor Boulevard and Segerstrom Avenue, Sunflower Avenue and Plaza Drive, and Fair- view Street and MacArthur Boulevard. CITY COUNCIL MINUTES 391 SEPTEMBER 15, CA 89G CA 89B 1975 PROJECT 1356B - Widening of Southern Pacific. Railroad Crossing on McFadden Avenue west of Grand Avenue. CA 89F CA 89G BID AWARDS and best bidder: Awarded the follow- ing on the basis of lowest responsible PROJECT 6098 Construction of tennis courts at Cabrillo Park Tennis Center (Phase II) at Cabrillo Park Drive and Fruit Street. Awarded to Omega Landscape Co., Orang~ CA 89H SPEC. 75-019 - Traffic Signal Standards. Awarded to Consolidated Electrical, Orange. CA 89B AGREEMENTS Approved the follow- ing Agreements, and authorized execution by the Mayor and Clerk: BUS SHELTER PROCUREMENT - Between City and Orange County Transit District at an approxi- mate installation cost of $1,100 for the 22 shelters. A-75-71 TRAFFIC SIGNAL AT SUNFLOWER AVENUE AND PLAZA DRIVE - Between City and the City of Costa Mesa and City and South Coast Plaza to share equally in maintenance and operation costs and installation, respectively. A-75-72 PROJECT 1376 (FIRST STREET WIDENING, BUSH TO STANDARD) RIGHT OF WAY FUNCTIONS - Between City and State of California, Department of Highways, for all necessary right of way acquisitions. A-75-73 DEVELOPMENT AND VALIDATION OF SPECIALIZED POLICE OFFICER EXAMINATIONS - Between City and Wollack, Waibel and Associates as con- sultants in personnel selection and test validation. A-75-74 Council approved the Staff recommendation contained in a report dated September 2, 1975 submitted by the City Manager that the City NOT participate in the following Joint Exercise of Powers Agreement: LIBRARY SYSTEMS AND SERVICES - Between California State Library, University of California, California State University and Colleges, Community College District, a County Library and a City Library (Santa Ana) to participate in the development of a computerized data base for inter-library loan and in the cataloging information available to members as well as other library services as needed. A-75-69 TRAFFIC installed August 12, inclusive. Received and filed Report of control devices removed or 1975 through September 9, 1975, CA 18.3a CITY COUNCIL MINUTES 392 SEPTEMBER 15, 1975 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed the following appli- cations: N & L ENTERPRISES, INC., DOVALIS, Nicholas J. (Pres/Tres), DOVALIS, Lillian (VP/Sec) - 1701 East McFadden - Self-Incorporating - Type "21" Off Sale General. MINETTE, Keith M. - 616 East Fourth Street Person to Person Transfer - Type "48" On Sale General (Public Premises). (Councilman Yamamoto registered a NO vote). PARK, Kil Boo, and PARK, Kyung Hi - 4622 West First Street Person to Person Transfer - Type "20" Off Sale Beer & Wine. EVANS, Walter G. 1471 East Warner Avenue Original Type "40" On Sale Beer. ANTHONY'S RESTAURANTS, INC., HENDLIN, Alexander (Pres), ROBERTS, Hobard (Sec/Tres), FEUERSTEIN, Herman (Dir.) - 605 South Harbor - Person to Person Transfer - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). Instructed the City Attorney to prepare a letter of protest on the following in accordance with the report submitted: COX, George K. 2000 South Yale Street - #B Original Type "20" Off Sale Beer & Wine. PROTEST - (Conditional Use Permit). CA 146 CA 146 CA 146 CA 146 CA 146 CA 146.1 VARIANCES Finding of Fact on the following: Received and filed the Negative Declaration and VA 75-48 - DELVIN MALSTROM - To operate a truck and trailer rental business in the Ri and C1 Districts, at 2709 West 17th Street. APPROVED. (Councilman Evans registered a NO vote). CA 13 DEEDS, NO CASH Received and filed GRANTEE, CITY Report of No-Cash Deeds accepted by the City Manager pursuant to Resolution No. 69-156, from August 26, 1975 through September 9, 1975, inclusive. CA 155 DEEDS WITH CASH GRANTEE, CITY necessary documents in Approved the follow- ing deeds and authorized Mayor to sign all connection with the purchase: JENNINGS, Richard L. and Lena and BAKER, Howard D. and Berthena Allen - North side of Seventeenth west of Heliotrope for street and vehicular access rights. CA 155 CITY COUNCIL MINUTES 393 SEPTEMBER 15, 1975 ALLEMAN-LENDE-PAUL INSURANCE INC. - South side of Seventeenth East of Parton for street and vehicular access rights. CA 155 DEEDS WITH ESCROW GRANTOR, CITY necessary documents Approved the follow- ing deed and authorized Mayor to sign all in connection with the sale: J2D4 CORPORATION - North side of Civic Center Drive, Bush to Spurgeon, surplus property. CA 155 TENTATIVE PARCEL Received and filed MAPS the Negative Declara- tions, approved subject to conditions contained in Planning Director's report, and waived alley requirements (if requested) on the following: MAP NO. 924 - Filed on August 27, 1975, by Lyle B. Mitchell creating one (1) R1-PD and two (2) Ri parcels; proposed parcels are to be used for residential development; generally located on the southwest corner of Fruit and Mabury Streets. CA 25 MAP NO. 930 - Filed on August 15, 1975 by Baker-Miller and Associates creating 13 MI parcels; all proposed parcels to be used for industrial purposes; generally located on the northeast corner of Susan Street and MacArthur Boulevard; waiver of alley requirement requested. CA 25 MAP NO. 932 - Filed on August 19, 1975 by Cabot, Cabot and Forbes, Orange County Prop- erties, Inc. creating three (3) Mi parcels; all proposed parcels to be used for industrial purposes; generally located on the west side of Susan Street, north of Alton Avenue. CA 25 COMPLETION OF IMPROVEMENTS and material bonds on the Authorized release of performance, monument, labor following: TRACT 7729 - West side of Grand Avenue, South of Edinger Avenue. CA 24 SURPLUS PROPERTY Approved Surplus Property Report, Nos. 75-11 through 75-18, inclusive, of the Director of Public Works, all dated September 8, 1975 and authorized the Director of Public Works to proceed with auctions for sale of real property parcels considered surplus at various locatio~ set forth in the reports. 45 CITY COUNCIL MINUTES 394 SEPTEMBER 15, 1975 COUNTY TAX Council consented COLLECTOR SALE to Tax Collector Sale #1195, Parcel AP 8-011-55 on the south side of Civic Center Drive between Bristol and Baker Streets. CA 45.3 APPROPRIATION ADJUSTMENTS Approved the following budget transfer: A.A. #20 - Transfer of funds from Council Contingency Fund to Other Agency Services to provide funds for payment of the mem- bership assessment to the Greenbelt Com- mission for fiscal year 1974-75, in the amount of $3,841.00. CA 65.3 CLAIM AGAINST CITY to present late claim: Council denied the following request for leave CARMEN ORTEGA - Application for leave to present late claim based on personal in- juries sustained on September 2, 1974 at Garfield alley near Brown. CA 65.7 COUNCIL REFERRAL SUMMARY dated September 2, 1975. Received and filed the Summary of Council Referrals CA 80.2 PROCLAMATIONS issued by the Mayor: Received and filed the following proclamations WHITE CANE DAY - Proclaimed for October 3, 1975. HONORING PETER J. REMMEL - ORANGE COUNTY LABOR MAN OF THE YEAR 1975. CONSTITUTION WEEK 1975 - Proclaimed for September 17-23. CA 46 CA 46 CA 46 * * * ~ * * ~ * ~ CONSENT CALENDAR FINIS * * ~ ~ ~ ~ * * * SIGN ENCROACHMENT Council unanimously COWART GENERAL TIRE, INC. (7-0) approved the following agreement and authorized its execution by the Mayor and Clerk on the motion of Council- man Brans, seconded by Councilman Ward: SIGN ENCROACHMENT - Between City and Cowart General Tire, Inc. and Alice H. Benson and Edna Harkendorff Boucher to permit a sign a portion of which will extend over and be upon a future right of way area at 1222 East Fourth Street. A-75-70 CITY COUNCIL MINUTES 395 SEPTEMBER 15, 1975 TENTATIVE PARCEL MAP NO. 931 Received and filed CABOT, CABOT & FORBES, INC. the Negative Declara- tion, approved subject to conditions contained in Planning Director's report, and waived alley require- ment on the following tentative parcel map on motion of Councilman Evans, seconded by Councilman Brandt and carried 6-1 with Councilman Ward dissenting: MAP NO. 931 Filed on August 19, 1975 by Cabot, Cabot and Forbes, Inc. creating four (4) Mi parcels; all proposed parcels to be used for industrial purposes; generally located at the southeast corner of Segerstrom Avenue and Harbor Boulevard; waiver of alley requirement requested. CA 25 VARIANCE NO. 74-43 The Negative Declara- LLOYD'S BANK and Finding of Fact 3900 SOUTH BRISTOL on the following Variance were re- ceived and filed (5-2), on motion of Councilman Brandt, seconded by Councilman Bricken, with Councilmen Yamamoto and Evans dissenting: VA 74-43 - LLOYD'S BANK - To permit additional commercial development on property covered by Variance 70-68 and with more than the permitted number of signs in the CR District, at 3900 South Bristol Street. APPROVED. CA 13 TENTATIVE PARCEL MAP NO. 926 At the written request C. J. SEGERSTROM & SONS of the applicant, Council continued the following Tenta- tive Parcel Map to October 6, 1975 on the motion of Councilman Ward, seconded by Councilman Evans and unani- mously (7-0) carried: MAP NO. 926 Filed on July 28, 1975 by C. J. Segerstrom & Sons creating one (1) R1-PRD and two (2) R2-PRD parcels; pro- posed parcels are to be used for residen- tial purposes; generally located north of MacArthur Boulevard at Bear Street, waiver of alley requirement requested. CA 25 RECESS At 2:35 P.M., Council HOUSING AUTHORITY . recessed to convene COMMUNITY REDEVELOPMENT AGENCY the Regular Meeting of the Housing Authority; and at 3:15 P.M. adjourned the Housing Auth- ority to convene the Adjourned Regular Meeting of the Community Redevelopment Agency. Council reconvened at 3:40 P.M. with all Council members present. READING WAIVED Full reading of all resolutions and ordinances, the titles of which appear 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 Yamamoto. CITY COUNCIL MINUTES 396 SEPTEMBER 15, 1975 ORDINANCE NS-1275 The following ISSUANCE OF PERMITS FOR ordinance was placed WIPING RAG BUSINESSES on second reading and adopted on the unanimously carried (7-0) motion of Councilman Evans, seconded by Councilman Yamamoto: 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 ESTABLISH- ING REQUIREMENTS FOR APPLICATION AND PROCEDURE FOR ISSUANCE OF PERMITS FOR WIPING RAG BUSINESSES (To comply with State requirements). CA 6S.6 ORDINANCE NS-1276 A motion was made BICYCLE LICENSING by Councilman Evans, seconded by Council- man Yamamoto and carried 5-2, with Councilmen Ward and Bricken dissenting, to place the following ordinance on second reading and adopt: 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 following ABATEMENT OF PUBLIC ordinance was placed NUISANCES on second reading and adopted on the motion of Councilman Yamamoto, seconded by Councilman Ward, on a vote of 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 ABATEMENT OF PUBLIC NUISANCES AND THE ASSESS- MENT OF THE COSTS OF ABATEMENT (Quigley Lane). CA 90 ORDINANCE NS-1278 On motion of APPROVING AMENDMENT Councilman Evans, APPLICATION NO. ?28 seconded by Council- man Ward, the following ordinance was placed on second reading and adopted unani- mously (?-0): 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 Ri DISTRICT TO THE R1-PD (PLANNED DEVELOP- MENT) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 8-5-9 (Mabury and Fruit). CA 10 CITY COUNCIL MINUTES 397 SEPTEMBER 15, 1975 ORDINANCE NS-1279 The following APPROVING AMENDMENT ordinance was APPLICATION NO. ?29 placed on second reading and adopted on the unanimously carried (?-O) motion of Councilman Evans, seconded by Councilman Ward: 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 R 1-PD (PLANNED DEVELOPMENT) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 23-5-10 (Raitt between Pomona and West St. Andrew). CA 10 ORDINANCE NS-1280 The following DELETING SPECIFIED CHARGES ordinance was FOR POLICE SERVICES placed on first reading on the unanimously (7-0) carried motion of Councilman Evans, seconded by Councilman Brandt: ORDINANCE NO. NS-1280 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 2-742 OF THE SANTA ANA MUNICIPAL CODE TO DELETE SPECIFIED CHARGES FOR POLICE SERVICES. CA 47 RESOLUTION NO. 75-127 Consideration of SUPPORT OF AB 1427 the following (ROBINSON) Resolution was continued to October 6, 1975 on the unanimously (7-0) carried motion of Councilman Evans, seconded by Councilman Ward: RESOLUTION NO. 75-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXPRESSING SUPPORT FOR AB 1427 (ROBINSON) RELATING TO OPEN SPACE EASEMENTS. (Willowick Tax Exemption). CA S7.1 RESOLUTION NO. 75-136 The following MANAGEMENT CLASSIFICATION Resolution was SALARY INCREASES adopted and Ap- propriation Adjust- ment #21 was approved, on the motion of Councilman Evans, seconded by Councilman Bricken, and carried 6-1 with Councilman Ortiz dissenting: RESOLUTION NO. 75-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 INCREASING THE SALARY SCHEDULE ALLOCATIONS FOR CERTAIN MANAGEMENT CLASSIFICATIONS. CA 50.1 RESOLUTION NO. 75-137 On the unanimously TRAINING FOR SANTA ANA (7-0) motion of TRAFFIC OFFICERS Councilman Evans, seconded by Council- man Yamamoto, the following Resolution was adopted: CITY COUNCIL MINUTES 398 SEPTEMBER 15, 1975 RESOLUTION NO. 75-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE CALIFORNIA HIGHWAY PATROL TO PROVIDE TRAINING FOR SANTA ANA TRAFFIC OFFICERS. CA 47 CA 79 RESOLUTION NO. 75-138 The following SUPPORTING EXTENSION OF Resolution was ROUTE 57 adopted on the motion of Council- man Yamamoto, seconded by Councilman Evans, and carried 6-1 with Councilman Ward dissenting: RESOLUTION NO. 7S-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE EXTENSION OF ROUTE 57 SOUTH TO THE CORONA DEL MAR FREEWAY VIA THE SANTA ANA RIVER CORRIDOR. CA 29.10 RESOLUTION NO. 75-139 A motion to adopt CITY MANAGER SALARY the following INCREASE Resolution was made by Councilman Ward, seconded by Councilman Evans, and carried 6-1 with Councilman Ortiz dissenting: RESOLUTION NO. 75-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING THE SALARY OF THE CITY MANAGER OF THE CITY OF SANTA ANA. CA 50.1 Prior to the adoption, the Resolution was read by title only and further reading was waived on the unanimously approved motion of Councilman Ward, seconded by Councilman Evans. RESOLUTION NO. 75-140 CITY CLERK SALARY INCREASE carried motion of Councilman Ward, man Yamamoto: The following Resolution was adopted on the unanimously (7-0) seconded by Council- RESOLUTION NO. 75-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING THE SALARY OF THE CITY CLERK OF THE CITY OF SANTA ANA. CA 50.1 Prior to adoption, the Resolution was read by title only and further reading was waived on the unanimously approved motion of Councilman Ward, seconded by Councilman Yamamoto. REQUEST FOR WAIVER FROM The requirement under PROVISIONS OF ORD. NS-1143 Ordinance No. NS-1143 CASE SWAYNE CO., INC. to install curb, gutter and sidewalk at 1661 East Palm Street, in connection with an application by Case Swayne Co., Inc. to correct structural deficiencies CITY COUNCIL MINUTES 399 SEPTEMBER 1S, 1975 of their building, was waived on the motion of Council- man Evans, seconded by Councilman~Brandt, and carried 6-1 with Councilman Yamamoto dissenting. Douglas Davidson, attorney for Case S~ayne Co., Inc. presented their appeal and argued that subsection (g) of the Ordinance permits the City Council to designate, by resolution, areas in which the requirements contained in certain areas of the ordinance are inapplicable and would not be favorable or consistent with the develop- ment or construction in the area; that there are no curbs or sidewalks for 254' in front of the Case Swayne build- ing and the area is paved with asphalt with parking places at a 90 degree angle to the building for 25 cars; that the only other place to park is on Mabury which is in "very sad shape"; that the applicant does not feel that the neighborhood is predominately residential; and that the applicant does not see his project as one encom- passed within the ordinance and does not think the ord- inance is applicable in this situation. Mr. R. H. Kopel, Treasurer of Case Swayne in favor of the waiver. Co., also spoke CA 29.4 CA 35 REQUEST FOR RECONSIDERATION Variance 75-46 was COUNCIL DENIAL OF VA 75-46 referred to the Plan- ning Commission for rehearing on the motion of Councilman Ward, seconded by Councilman Yama- moto and carried 6-1 with Councilman Brandt dissenting. This motion followed a motion by Councilman Ortiz, seconded by Councilman Ward to reconsider Council's ac- tion on September 2, to adopt Resolution No. 75-134 denying Variance 75-46, to allow a dental laboratory at 602 West Edinger, in the Ri District and to grant appeal No. 354 filed by J. Odgen Markel. The motion carried 5-2 with Councilmen Evans and Brandt dissenting. Dr. Clifford Hostetler, who is making the request for reconsideration, stated that the variance was denied largely because of the inadequate parking for the den- tal office next door to the west; that he proposed changes in his application whereby six additional spaces can be gained and whereby vertification can be made that the four stalls on the east side of the building are usable parking spaces. J. Ogden Markel spoke in opposition to the reconsidera- tion stating that there is still insufficient parking; that it is not possible to provide any parking on the east side of the building because the driveway on the far side of Van Ness has to be closed; and that the residents of the neigborhood want the residential nature of the area maintained. CA 13.3 OLD CITY HALL - REQUEST FOR The City Attorney was REMOVAL OF REVERSIONARY CLAUSE instructed to prepare OF AGREEMENT an Owner's Participation Agreement, as recommended by Richard Goblirsch, Redevelopment Director, in his memorandums dated January 29, 1975 and September 9, 1975 for a term of one year, between the Redevelopment Agency and Del Pueblo Management Company, including the condition that the Old City Hall building be boarded up to prevent further damage, on the motion of Councilman Yamamoto, CITY COUNCIL MINUTES 400 SEPTEMBER 15, 1975 seconded by Councilman Ward and unanimously carried (7-0). Council Referral Item #171 was deleted from the Referral Summary by unanimous informal consent. During the discussion, City Manager Bruce Spragg and City Attorney Keith Gow explained that the Owner's Par- ticipation Agreement would guarantee to the City that at the end of the year the building would be remodeled or removed and that would be achieved by substituting the Redevelopment Agency for the City which would move in at the end of a year to clear the site if the re- modeling or removal had not been accomplished. Mr. Ben Ramirez, representing Del Pueblo Management Com- pany, stated that he was present to respond to any questions Council might have. CA 133 CENTER FOR THE PERFORMING The letter from the ARTS IN CIVIC CENTER AREA President of the Orange County Civic Center Commission dated Sept- ember S, 1975 expressing the Commission's support of the proposed performing arts center was received and filed on the motion of Councilman Evans, seconded by Councilman Bricken and carried (7-0) unanimously. CA 52.8a REQUEST FOR CROSSING GUARD The request by Mrs. AT SANTA CLARA AND FLOWER Ann Andres, reported by Councilman Ward, to assign a crossing guard at the intersection of Santa Clara and Flower, was referred to Staff for investigation and report on the motion of Councilman Evans, seconded by Councilman Yamamoto and unanimously (7-0) carried. CA 18.5 FISCAL PLANNING FOR The report of the REDEVELOP;~NT AGENCY City Manager dated September 9, 1975 was continued to a study session to be held September 23, 1975 jointly with the Redevelopment Agency and the Redevelopment Com- mission, in Room 831 at 5:00 p.m. on the motion of Councilman Ortiz, seconded by Councilman Brandt and car- ried (7-0) unanimously. This motion was preceded by a motion by Councilman Evans, seconded by Councilman Yamamoto to approve the Staff recommendation, which was later withdrawn in favor of the motion to continue. CA 82.4 PROPOSED GARFIELD PARK The Garfield Street Mini-Park site abandon- ment was approved as recommended in the Staff report dated September 5, 1975 and Staff was dir- ected to search for alternate sites on the motion of Councilman Evans, seconded by Councilman Bricken and carried (6-1) with Councilman Ward dissenting. CA 52 CITY COUNCIL MINUTES 401 SEPTEMBER 15, 1975 UNDERGROUND UTILITY DISTRICT The proposed Underground NO. ? - 17TH STREET (SANTA ANA Utility District No. ? FREEWAY AND GRAND AVENUE) was set for public hearing on October 13, 1975, on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried (7-0) unanimously. CA 134 PARAMEDIC UNIT The recommendations of Eugene Judd, Fire Chief, in his report dated September 10, presented to Council regarding the basic proposal for the second paramedic unit and the supplemental proposal for training the personnel were supported on the motion of Councilman Bricken, seconded by Councilman Yamamoto and carried (7-0) unanimously. Chief Judd told Council that his department had been working feverishly with the Santa Ana-Tustin Community Hospital trying to put the package together; that it is not yet complete, but that it is well on the way to completion; and that the Board of Supervisors is appar- ently sympathetic. CA 64.2 EMERGENCY REPAIR OF 1962 SEAGRAVE LADDER TRUCK ENGINE for the repair of a Truck Company able in account 11-329-381, was approved on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried (7-0) unanimously, upon a finding of fact, in accordance with City Charter Section 421, that the purchase is of urgent necessity for the preservation of life, health and property in the event of a fire. The normal bid pro- cedure was waived and an immediate expenditure of approximately $2,750 #7, from funds avail- CA 65.3 CA 64 CA 89G INTERCOUNTY AIRPORT AUTHORITY The Amended Joint Powers AMENDED JOINT POWERS AGREEMENT Agreement between the APPOINTMENTS TO AIRPORT AUTHORITY City and the Intercounty Airport Authority as well as the other participating cities, Stanton, Chino and Garden Grove was approved and the Mayor and Clerk were authorized to execute the agreements, on motion of Councilman Evans~ seconded by Councilman Brandt and carried (4-3) with Councilmen Ward, Bricken and Yamamoto dissenting. (NOTE: The vote tally board indicated a "yes" by Council- - man Yamamoto, but he advised the Assistant Clerk of the Council that he had inadvertently pushed the wrong button and had intended to cast a "NO" vote). Mayor Garthe, Councilman Brandt and Councilman Ortiz were appointed to the Airport Authority Board on the motion of Councilman Ward, seconded by Councilman Evans and carried (7-0) unanimously. A-75-75 CA 80.1 CA 98.2 ORAL COMMUNICATION Sergeant D.F.A. Steadman, VETERANS UTILITY Jr., 1137 W. Highland USER TAX EXEMPTION Street, member of the American Legion, re- quested that the Utility User Tax Ordinance No. NS-1268 CITY COUNCIL MINUTES 402 SEPTEMBER 15, 1975 be amended to provide for exemption of totally disabled vet- erans from payment of the tax. The request was referred to Staff for consideration at next year's budget sessions, on motion of Councilman Bricken, seconded by Councilman Ward and carried on a vote of 4-3, with Councilmen Brandt, Evans and Ortiz dissenting. CA 65B ORAL COMMUNICATION MAXIMUM PAYMENT ORDINANCE FOR UTILITY USERS TAX Ordinance setting a maximum to be paid under the utility users tax in a blank amount for Council consideration on the motion of Councilman Bricken, seconded by Councilman Ward and carried (4-3) with Councilmen Evans, Yamamoto and Ortiz dissenting. The City Attorney was directed to prepare an CA 6SB SURPLUS PROPERTY REPORT The Surplus Property NO. 75-20 - PROJECT 1359 Report dated September FLOWER STREET WIDENING 15, 1975, submitted by Ronald Wolford, Public Works Director, was approved and the exchange of real pro- perty with J. M. and Azucena Gonzalez described in the report was authorized in accordance with Section 2-710 of the Santa Ana Municipal Code on the motion of Councilman Evans, seconded by Councilman Ortiz and unanimously (7-0) carried. CA 45 ORAL COMMUNICATION The oral request of REQUEST FOR REMOVAL OF BUS Thurston Thompson of 541 STOP - 541 SOUTH RAITT So. Raitt Street for removal of the bus stop in front of his home was referred to Staff for investigation and report on the motion of Councilman Ward, seconded by Councilman Ortiz and carried (7-0) unanimously. Mr. Thompson told Council that having his shrubs destroyed and people look- ing in his window are nuisances he can no longer abide. CA 84 RECESS back Inn and the meeting was same Council members present. At 5:51 p.m., the Meeting was recessed by Mayor Garthe for dinner at the Saddle- reconvened at 7:30 p.m. with the INVOCATION The Pledge of Allegiance PLEDGE OF ALLEGIANCE to the flag led by Boy Scout Troop #21 of St. Anne's Catholic School, CA 9.10 A1 Alcott leader, was followed by the invocation given by Reverend Philip Nicola of the Unity Church of Truth. CA 80.17 CITY SEAL TILE - CONGRESSMAN Mayor Garthe made the JERRY PATTERSON, 38TH DISTRICT special presentation of a City Seal Tile to Congressman Jerry Patterson of the 38th District in appreciation for his cooper- ation with and contribution to the City of Santa Ana at the Federal level. CA 73B CITY COUNCIL MINUTES 403 SEPTEMBER 15, 1975 PEDESTRIAN SAFETY INVENTORY AWARD Mr. Gene Shaw, District PRESENTED TO CITY BY AUTOMOBILE Manager of the Automobile CLUB OF AMERICA Club of California pre- sented to Ronald Wolford, Public Works Director, an award given annually to a City, which through legislation, enforcement, traffic engineering, school safety programs and public education has reduced its pedestrian injury rate. Mr. Shaw stated that the rate of 2.8 per thou- sand recorded by Santa Aha was considerably below the 3.2 per thousand rate averaged by cities of comparable size. Mr. Wol- ford stated that the City of Santa Aha is very proud to re- ceive the award, but will continuously work toward further reduction of pedestrian accidents and will be working vigor- ously with school children programs. CA 73A SCHOLARSHIP TO DELINQUENCY CONTROL Captain Charles Thayer INSTITUTE - SERGEANT KEN REINERTSON of the Police Depart- ment introduced Sergeant Ken Reinertson as the recipient of a scholarship to attend the University of South- ern California Delinquency Control Institute for 8 weeks of intensive training in the very latest up-to-date methods of dealing with youth and community problems and said that the Institute is attended by law enforcement officers from all over the United States and its Territories. The scholarship was presented by Mr. Gene Shaw, District Manager of the Auto- mobile Club of California. CA 47 COMMUNITY SPOTLIGHT The L.M. Cox Company L. M. COX was the subject of the community spotlight because of its unique contribution to the youth of Santa Ana by its presentation of model airplane equipment to the outstanding school boy patrols, ages 8 to 14. Captain Charles Thayer of the Police Department presented the "Law Enforcement Ethics Award" to Dennis Riggs, the Chief Sales Supervisor of L. M. Cox. Mayor Garthe then presented the City Seal Tile to the L. M. Cox Com- pany to symbolize the City's appreciation of its contribution to the community. CA 9.3 PROCLAMATION The proclamation of "WHITE CANE DAY" October 3,1975 as "White Cane Day" was presented by Mayor Garthe to the President of the Host Lions Club of Santa Ana, Mr. Fred Siffermann. Mr. Siffermann told the audience that the Lions' major project is to contribute to sight conserva- tion programs, and that he hoped everyone would help support them by participating in "White Cane Day". CA 46 PUBLIC HEARING - REQUEST FOR REMOVAL Mayor Garthe announced OF LINCOLN AVE. BIKE LANE FROM 17TH that this was the time STREET TO FAIRHAVEN STREET and place for the public hearing of the request by Mrs. Ann Tucker for the removal of the Lincoln Avenue Bike Lane from 17th Street to Fairhaven Street. Ronald Wolford, Public Works Director, described the Lincoln Avenue Bike Lane as part of the Master Plan of Bike Trails approved by the Council. He stated that the Lincoln Avenue CITY COUNCIL MINUTES 404 SEPTEMBER 15, 1975 Lane has been in existence for about one year; that the vehi- cular accident rate on Lincoln Avenue is 1.3 per mile as opposed to 3.6 on similar streets; that a recent bicycle count made during a 24-hour period resulted in 265 bicycles using the lane; that the Santiago Creek trail connecting to Lincoln Avenue is scheduled for construction 1977-78; and that the Staff feels the lane is safely and adequately used by bicy- clists and recommends that it be retained. Those speaking in favor of the removal of the Lincoln Avenue Bike Lane were: Ann Tucker, 1019 Catalina George Tucker, 1019 Catalina Jim Bauer, 1018 E. Avalon The proponents of the removal generally contended that there was some inconvenience to residents because of lack of park- ing; that the street is not safe for bicyclists; that the cost to maintain the lane is too expensive; and that the lane doesn't connect to any other lane. There being no further speakers, Mayor Garthe closed the public hearing. Staff was directed to delete the Lincoln Avenue Bike Lane in the following manner: Ail signs stating "Bike Lane" be re- moved as well as the "No Parking" signs, and that the letters "Bike Lane" be sandblasted from the lanes, leaving the lane lines for which all maintenance will cease, on the amended motion of Councilman Bricken, seconded by Councilman Brandt and carried 6-1 with Councilman Yamamoto dissenting. The motion to amend the main motion by adding the deletion of the "No Parking" signs, made by Councilman Ward, seconded by Councilman Evans, carried (4-2) with Councilmen Yamamoto and Bricken dissenting. Councilman Ward noted that the be reinstalled when the entire plemented. Lincoln Avenue Bike Trail might bike lane system had been im- CA 18.6 PUBLIC HEARING - PROPOSED Mayor Garthe announced INCREASE IN REFUSE COLLECTION that this was the time RATES and place for the public hearing of the proposed increase in refuse collection rates resulting from the annual review and adjustment of rates. Mr. Ronald Wolford, Public Works Director, stated that the rates are reviewed annually so that they can be adjusted to keep refuse collection on a self-supporting basis with users paying the cost of the services; that the commercial rates have already been adjusted; and that the residential rate will increase from $1.80 to $2.00, or 20 cents per month per house- hold. There being no speakers for or against the increase of the refuse collection rates, the Mayor closed the public hearing. In answer to Council's questions, City Manager Bruce Spragg noted that our current contract with Great Western Reclamation CITY COUNCIL MINUTES 405 SEPTEMBER 15, 1975 expires in 1978 and that the proposed increase does not take into consideration the contractor's recent request for supple- mental increases retroactive to May 1 of this year; and that the contractor has not supplied additional financial infor- mation requested by Council to support his request. Councilmen Ward, Ortiz and Bricken commented that the City's contractor has done a good job because trash collection has not been a problem and there have been no complaints about the service. The proposed increase in the refuse collection rate was ap- proved by the adoption of Resolution No. 75-129 on the motion of Councilman Ward, seconded by Councilman Bricken and car- ried 5-2 with Councilmen Evans and Ortiz dissenting, as follows: RESOLUTION NO. 75-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING REVISED SCHEDULE OF RATES FOR REFUSE COLLECTION AND REPEALING RESOLUTION 75-28 EFFECTIVE OCTOBER 1, 1975. CA 11.1 PUBLIC HEARING - APPEAL OF NON- Mayor Garthe announced RENEWAL OF TAXI DRIVER'S PERMIT that this was the time MICHAEL E. KIRKBRIDE and place for the public hearing of the appeal of Michael E. Kirkbride for renewal of his taxi driver's per- mit denied by the Police Department. Michael E. Kirkbride appeared on his own behalf and stated that the Police Chief refused to reissue his taxi driver's permit because he had received five or more traffic citations in the last two years; that he was only guilty of two of the violations; that of the other three he did not contest two in court; that he was found guilty in the one instance and the other two he paid the fine; that he feels that he is a safe driver and has been driving for 16 years; and that he would like a chance to continue driving a cab. Captain Thayer of the Police Department referred to his report of August 26, 1975 listing the violations which included fail- ure to yield right of way to a pedestrian, following too closely, reckless driving, speeding, wilfully violating writ- ten promise to appear in court, and failure to stop for train signal and failure to stop for commercial vehicle inspection. He stated that appellant's statement does not appear consis- tent with his record. City Attorney Keith Gow confirmed that the Police Department had followed the provision of the Municipal Code regarding the issuance of taxi driver's licenses and that the Code pro- vides the right of appeal at which time the Council may over- turn the Police Chief's decision. There being no further speakers either for or against the appeal, the Mayor closed the public hearing. Councilman Bricken's motion to sustain the decision of the Police Chief, seconded by Councilman Yamamoto, was carried (4-3) with Councilmen Ward, Brandt and Ortiz dissenting. This CITY COUNCIL MINUTES 406 SEPTEMBER 15, 1975 action was preceded by a motion made by Councilman Brandt, seconded by Councilman Ward to grant the appeal subject to a review of the driving record of appellant in one year; that if upon review there were traffic violations, the matter would be returned to the Council for disposition; the motion failed to carry on a vote or 3-4 with Councilmen Evans, Garthe, Yama~ moto and Bricken dissenting. CA 26.3 RECESS 9:32 p.m. with the At 9:25 p.m. the meeting was recessed and reconvened by Mayor Garthe at same Councilmen present. PUBLIC HEARING - APPEAL NO. 356 - Mayor Garthe announced MINOR EXCEPTION 75-26 - APPEAL that this was the time OF PROTEST OF ABC APPLICATION and place for the public hearing of Appeal No. 356 from the Zoning Administrator's denial of Minor Exception 75-26 and an appeal of the City's protest based on the recom- mendation of the Police Chief, of an alcoholic beverage ap- plication filed by Aristeo and Maria Velazquez, to allow on sale beer and wine in a restaurant at 900-904 East Fourth Street (M2 zone) which is within 300' of residences. Charles Zimmerman, Planning Director, presented the findings of the Zoning Administrator and stated that three residents appeared at the hearing; and that there were 16 declarations of complaint filed at the Alcoholic Beverage Control Board as well as the adverse finding of the Police Department. Captain Charles Thayer of the Police Department presented the findings of the Police Department and stated that there are 19 liquor licenses within a one-half square mile radius in the downtown area which is an area of major concern; that there has been enough crime in the downtown area to initiate a foot beat; and that additional liquor licenses in the area would be detrimental to crime prevention. Mr. Frederick Aguirre, attorney for applicants Aristeo and Maria Velazquez, stated that his clients had purchased the property with $7,000 down for a total purchase price of $34,000; that they understand the concern of the residents and the Police Department, but that they have no association with the previous owners or the management of the premises and they intend to establish a family-operated Mexican-American restaurant with the selling of beer and wine incidental to that purpose; that they plan to open at 6:00 a.m. and close at 12:00 midnight; that there will be no gaming devices or motion pictures; that the interior lighting will be in accor- dance with the ABC regulations; and that it is his clients' intention to stay within the law and respect the rights of the residents. Those speaking in opposition to the minor exception and ABC application were: Olivia Berber, 822 East Fourth Street B. W. Dowander, 304 East 16th Street Leland Lowe, 416 Lacy, operates market at 719 East Fourth Street CITY COUNCIL MINUTES 407 SEPTEMBER 15, 1975 The opponents were not generally opposed to the restaurant, but did mention that there are 19 other Mexican-American: restaurants in the area; that there is not sufficient parking for restaurant patrons, that customers would be required to park in front of other businesses; that the Police have been down there constantly and residents can't let their children out to play; that there are drunks around all the time trying to "rip off" the merchants or bumming money from the customers; and that they don't want another bar in the neighborhood. As there were no further speakers either for or against, Mayor Garthe closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Evans, and carried (5-2) with Councilmen Ward and Ortiz dis- senting, the protest of the ABC application was affirmed, and the following Resolution was adopted: RESOLUTION NO. 75-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION OF THE ZONING ADMINISTRATOR ON MINOR EX- CEPTION PERMIT APPLICATION NO. 75-26 DENYING SAID MINOR EXCEPTION PERMIT APPLICATION AND DENYING APPEAL NO. 356 FILED THEREON BY ARISTEO AND MARIA VELAZQUEZ. CA 13.5 PUBLIC HEARING - VACATION OF SECOND Mayor Garthe announced STREET & EAST-WEST ALLEY, BETWEEN that this was the time BIRCH & ROSS and place for the public hearing of the vacation of Second Street between Birch and Ross Streets and the East- West Alley, South of Second Street between Birch and Ross Streets. Public Works Director, Ronald Wolford, said that this abandon- ment will allow for the construction of the Senior Citizens' Housing Project and that Staff and the Planning Commission have reviewed the proposed vacation and recommend that the Council proceed with the abandonment. There being no speakers for or against the abandonment, the Mayor closed the public hearing. On the motion of Councilman Evans, seconded by Councilman Ward, and carried 6-1 with Councilman Brandt dissenting, the following Resolution was adopted: RESOLUTION NO. 75-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDERING THE VACATION OF SECOND STREET BETWEEN BIRCH AND ROSS STREETS AND THE EAST-WEST ALLEY, SOUTH OF SECOND STREET BETWEEN BIRCH AND ROSS STREETS AND RESERVING AN EASEMENT FOR UTILITY PURPOSES. CA 14 ORAL COMMUNICATION - REQUEST J. Ogden Markel, 1814 FOR RETURN OF APPEAL FEE South Parton, stated that on the 28th of August, he appealed the decision of the Planning Commission to approve Variance 75-46 and paid $125 for that appeal; that the appeal was heard on September 2, 1975, and granted by the Council; that at this afternoon's meeting, the Council granted the applicant's re- quest to rehear Variance 75-46 by the Planning Commission; and that he thinks the $125 should be refunded and he is ap- plying for it. CITY COUNCIL MINUTES 408 SEPTEMBER 15, 1975 City Manager Bruce Spragg stated that the payment of $125 is to defray the cost of publicizing and holding the appeal hear- ing and that it was held and he received what he had paid for. The Council pointed out to Mr. Markel that the applicant came in with new evidence for the Planning Commission and that he is entitled to a rehearing on that basis. On the motion of Councilman Ward, seconded by Councilman Evans, Mr. Markel's request for the refund of $125 was received and filed by unanimous (7-0) vote. CA 13.3 ORAL COMMUNICATION - MONTEREY An oral request that CYPRESS TREE ON SOUTH LYON the City preserve a large Monterey Cypress tree on South Lyon Street came from Bert Sheffey, Jr., 1325 Grace Street, after he learned that the City planned to remove the tree to widen the street to four lanes. Mr. Sheffey explained that the opinion of Richard G. Baker, Chairman of the Santa Ana Col- lege Biology Department, was that the tree was over 100 years old, healthy, and an unusual specimen for this area. Mr. Sheffey filed with the City Clerk a letter from Richard G. Baker. Nancy Burney, 921 South Lyon, spoke in favor of preserving the tree and presented a petition containing 91 signatures; she also stated that she felt the street could go around the tree. Steven Lazerson, Executive Director of the Environmental Coa- lition of Orange County, stated that his organization would favor preservation of this extraordinary tree for the benefit of our descendents. Robert Sherer, 937 South Lyon, who also owns 921 South Lyon, stated that the tree is located on City property, between 921 South Lyon and the property to the north; and that he would like to see the tree stay. Mr. Ronald Wolford, Public Works Director, said that in plan- ning to widen the street to four lanes, he had conferred with Mr. Bomo Koral, Park Director, whose department investigated to find that the tree is infested with cypress bore and with termites; that the tree would continue to decline and would probably only live three to ten more years. Mr. Wolford then proposed a short-range solution to the problem. He suggested that a curbing be constructed around the tree marked for "No Parking" until such time as it could be determined whether the tree will survive. On the motion of Councilman Bricken, seconded by Councilman Ward, and carried (6-1) with Councilman Yamamoto dissenting, the Director of Public Works was instructed to implement the solution described or one that will preserve the tree consis- tent with the Recommendations made by Mr. Wolford to permit the tree to survive the environment, if that is possible. CA 52 CITY COUNCIL MINUTES 409 SEPTEMBER 15, 1975 ADJOURNMENT 831, City Hall, 20 Civic Center Plaza, At 10:50 p.m., the meeting was adjourned to September 23, 1975, at 5:00 p.m. in Room Santa Ana, California. ~I.ORENCl: L MALON~ ~NC~ ~. ~LO~ CLERK O~ THE COUNCIL CITY COUNCIL MINUTES 410 SEPTEMBER 15, 1975