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HomeMy WebLinkAbout10-06-1975 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 6, 1975 The Adjourned Regular Meeting of the City Council was called to order at i:0S 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 was a repre- sentative of the press and the following staff: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, and Clerk of the Council Florence I. Malone. PARAMEDIC PROGRAM The City Manager reported on the status of the Paramedic Program. He stated that the County Emergency Medical Care Committee had tabled the training proposal submitted by the City and the Santa Ana- Tustin Community Hospital to train corpsmen, civilians, and nurses, as well as firemen, at the hospital on a one-year trial basis to man the City's paramedic units because the program is suffer- ing from lack of trained personnel. The Council concensus was to continue the efforts to obtain County approval of the program. CA 64.2 EXECUTIVE SESSION personnel matters. members present. At 1:40 p.m., Council recessed for an Execu- tive Session to consider Council reconvened at 2:00 p.m., with all ADJOURNMENT approved motion Yamamoto. At 2:00 p.m., the meeting was adjourned on the unanimously of Councilman Ward, seconded by Councilman fLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 413 OCTOBER 6, 1975 CITY COUNCIL MINUTES 414 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 6, 1975 The meeting was called to order at 2:05 P.M. in the Council Chambers, 22 Civic Center Plaza, by Mayor John Garthe, with the following Council members present: 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 Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance, the Invocation was given by Councilman Evans. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Items 2 C, 4 C, ? C and 13 D requested by Councilman Brandt; Items ? B and 10 C requested by Councilman Evans. The following Councilmen registered NO votes: Councilman Brandt on 13 B; Councilman Ortiz on 13 B; Councilman Yamamoto on 6 E and 6 F. On the unanimously carried (7-0) motion of Councilman Evans, seconded by Councilman Ward, Council affirmed the recommended action on the following Consent Calendar Items: MINUTES Approved the following Minutes: Regular Meeting Adjourned Regular Meeting - Regular Meeting Adjourned Regular Meeting - September 2, 1975 September 15, 1975 September 15, 1975 September 23, 1975 BID CALLS ment for bids on the following: Approved plans and specifications and authorized advertise- SPEC. 75-024 Seven (7) Hand Held Radar Units. CA 89 G PROJECT 3028 Construct sanitary sewer in Fairhaven Avenue from Cambridge Street to 250 feet west. CA 89 E BID AWARDS bidder: Awarded the following on the basis of lowest responsible and best SPEC. 75-012 5000 feet of Fire Alarm Cable. Awarded to Anixter - Los Angeles, Inc., Santa Aha. CA 89 G CITY COUNCIL MINUTES 415 OCTOBER 6, 1975 CONSENT CALENDAR - Continued AGREEMENTS execution by the Mayor and Clerk: Approved the follow- ing agreements and authorized their SECURITY TRANSPORT AMENDMENT - Between City and William L. Main dba Security Transport, increas- A-75-77 ing the charge for transporting prisoners. A-72-44 PROJECT 1325 (AHFP 679) PROJECT ADMINISTRATION Between City and County of Orange to administer right of way acquisitions, and for cooperative funding of right of way acquisitions. TRAFFIC installed September 9, 1975 inclusive. Received and filed Report of Control Devices removed or through September A-75-78 A-73-52 29, 1975, CA 18.3a ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Applications: Received and filed the following Alcoholic Beverage KLEINHENZ, Ann Kathleen and KLEINHENZ, Edward John, Jr. 2701 South Grand Avenue - Original Type "40" On Sale Beer. CA 146 MOLINARI, John Louis 4414 West 17th Street Person to Person Transfer - Type "40" On Sale Beer. (Councilman Yamamoto registered a NO vote.) CA 146 MORRIS, Ann Marie and MORRIS, Walter Junior 220 West Warner Avenue - Person to Person Transfer - Type "42" On Sale Beer & Wine (Public Premises). (Councilman Yamamoto registered a NO vote.) CA 146 SANTANA LANES, INC., RUDERIAN, Max J. (Pres), GREENWOOD, Lee (VP), SPEGEL, Albert A. (Sec/Tres) 2445 South Bristol Street 100% Stock Transfer Type "47" On Sale General (Bona Fide Public Eating Place). CA 146 VILLAGE GREEN FOODS, INC., ROSOFF, Hal (Pres), DE LIEMA, Robert (VP), WEISMAN, Jerome (Sec/Tres) 3850 South Plaza Drive, #A-9 - Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). CA 146 MARKS, Vincent Craig and SETZER, Everett Eugene 321 East 17th Street - Person to Person Transfer - Type "47" On Sale General (Bona Fide Public Eating Place). CA 146 THE GRAND SANDWICH SALOON, HESS, Paul R. (Pres/Tres), LEWIS, William R. (VP/Tres) - 828 North Broadway - Original Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). CA 146 CITY COUNCIL MINUTES 416 OCTOBER 6, 1975 CONSENT CALENDAR - Continued The City Attorney was instructed to prepare a letter of protest on the following Applications in accordance with the Report submitted: FERNANDEZ, Raul Fernandez, and VALENCIA, Jesus Valencia 2333 West First Street - Original Type "40" On Sale Beer. PROTEST - Minor Ex- ception and PROTEST - Police. FREDERIKSON, James William - 2323 West First Street - Original - Type "40" On Sale Beer PROTEST - Minor Exception and PROTEST - Police. LONDONO, Luis F. 1812 West Edinger Street - Original - Type "20" Off Sale Beer & Wine. PROTEST - Variance. ULIBARRI, Betty Mae - 712 North Bristol - Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place) PROTEST - Minor Exception. CA 146.1 CA 146.1 CA 146.1 CA 146,1 VARIANCES Fact on the following: Received and filed the Negative Declara- tion and Finding of VA 75-42 - AARON MOYER - To permit a combination of commercial and industrial uses in existing seven buildings and in a proposed building at 3615-3699 W. McFadden in the C2 District. APPROVED. CA 13 DEEDS, NO CASH Received and filed GRANTEE, CITY Report of No Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from September 9, 1975 through September 30, 1975~ inclusive. CA 155 DEEDS WITH CASH GRANTEE, CITY necessary documents Approved the follow- ing Deeds and authorized Mayor to sign all in connection with the purchases: HOLLINGSWORTH, Charles E. and Dorothy M. Northeast corner of 17th and Olive for street and vehicular access rights. CA 155 KEY, Cleo H. and Margaret A. - East side of Flower, north side of Third, for street purposes. CA 155 GONZALEZ, J. M. and Azucena - Northwest corner of Flower and Pine for street purposes. CA 155 DEEDS, NO CASH GRANTOR, CITY Authorized execution of the following Deeds by Mayor and Clerk: NEWPORT PARTNERS - West side of Ritchey south of Newport Circle for vehicular access rights. CA 155 CITY COUNCIL MINUTES 417 OCTOBER 6, 1975 CONSENT CALENDAR - Continued GATES, S. Niles and Sheila Y. - West side of Ritchey south of Newport Circle for vehicular access rights. TRACHY, Terry and Patsy K. - West side of Grand north of Edinger, for vehicular access rights. COUNTY OF ORANGE North side of Santa Ana Boulevard east of Ross, for parking lot. GONZALEZ, J. M. and Azucena - West side of Flower north of Pine, surplus property ex- change. CA 155 CA 155 CA 155 CA 155 BANS, Harry and Indrani - East side of Bristol north of Warner for vehicular access rights. CA 1S5 TENTATIVE PARCEL MAPS Received and filed Negative Declarations, approved the following Maps subject to conditions contained in Planning Direc- tor's reports, and waived the alley requirements: MAP NO. 926 - Filed on July 28, 1975 by C.J. Segerstrom and Sons creating one (1) R1-PRD and two (2) R2-PRD parcels; proposed parcels are to be used for residential purposes; gener- ally located north of MacArthur Boulevard at Bear Street; waiver of alley requirement re- quested. CA 25 MAP NO. 933 - Filed on September 8, 1975 by Lloyd's Bank of California creating four (4) CR parcels; all proposed parcels to be used for commercial uses; generally located on the northwest corner of Bristol Street and Sun- flower Avenue; waiver of alley requirement requested. CA 25 RESIGNATIONS FROM BOARDS & COMMISSIONS letters of resignation: Accepted the follow- resignations, and received and filed Letter from Siaosi Tuioti dated September 9, 1975 resigning from the Human Relations Com- mission. CA 131.2 Letter from Rosemarie K. Manwaring dated September 23, 1975 resigning from the Human Relations Commission. CA 131.2 CERTIFICATION OF RIGHT OF WAY Way Certification: Authorized Mayor and Clerk to execute the following Right of PROJECT 1349 (AHFP 691) Widening and im- provement of Flower Street, Pine Street to Santa Ana Boulevard. CA 29.6 A-73=53 CITY COUNCIL MINUTES 418 OCTOBER 6, 1975 CONSENT CALENDAR - Continued SURPLUS PROPERTY Declared residence and garage surplus, and authorized demolition due to age and condition of buildings on the following: REPORT NO. 75-19 - Residence and garage at 209 N. Flower CA 45 Declared the following property surplus, determined that the property has real value only to the adjacent property owner and is of only nuisance value to others, and authorized the sale by direct negotiation to the adjacent landowner: REPORT NO. 75-21 Real property on the east side of Main Street and south of Sunflower Avenue containing approximately 850 square feet. CA 45 APPROPRIATION ADJUSTMENTS Approved the follow- ing Budget Transfers: A.A. #23 Budgets $10,900 to cover deficit in Project 8013 from surplus funds of Projects 8012 and 8079. CA 65.3 A.A. #27 - Budgets $2,000 for Senior Citizens Housing Project financial consultant, Thomas L. Safran from Council Contingency. (Councilmen Brandt and Ortiz registered NO votes.) CA 65.3 A.A. #32 Budgets $3,360 from Estimated Re- venues to accounts for winter slow-pitch softball league; the program is to be self-supporting. CA 65.3 CLAIMS AGAINST THE CITY Granted leave to present the following late claim: Application for leave to present late claim for personal injuries, by David Emery Otis on behalf of Delcia Morris, a minor. CA 65.7 Rejected the Claim for damages filed by Dennis Alan Chappell. CA 65.7 Denied the following request for leave to present late claim: Application for leave to present late claim for automobile repairs filed by Jon Davis. CA 65.7 RELOCATION CLAIM Approved the following relocation claim: Rental differential payment of $3,360 to Carl Lundblade, former tenant of 426 West Second Street, relocated as a result of the Senior Citizens Housing Project. CA 137.8 CITY COUNCIL MINUTES 419 OCTOBER 6, 1975 CONSENT CALENDAR - Continued COUNCIL tLEFERRAL SUMMARY staff by Council dated October 6, Received and filed the status report of items referred to 1975. CA 80.2 PROCLAMATIONS Received and filed the following Proclamations issued by the Mayor: CYSTIC FIBROSIS FOUNDATION "RIDE FOR LIFE" on September 20, 1975 and a Rodeo on October 4, 1975. UNITED WAY MONTH as the month of October, 1975. FIRE PREVENTION WEEK as October 11, 1975. CA 46 CA 46 5 through October CA 46 CONSENT CALENDAR FINIS BID CALL - PROJECT 7036 Council approved plans RENOVATION OF FIRE STATION and specifications and SANTA ANITA SERVICE CENTER authorized advertisement for bids on the follow- ing, on the unanimously carried (7-0) motion of Councilman Brandt, seconded by Councilman Evans: PROJECT 7036 - Renovate fire station at 521 North Figueroa Street for Santa Anita Service Center. CA 89G AGREEMENT - INSPECTION SERVICES SENIOR CITIZENS CENTER WILLIAM R. MILLER carried (6-1), with Councilman Brandt Councilman Evans' motion, seconded by Councilman Ward, to approve the following agreement, dissenting: PROJECT 8074 - INSPECTION SERVICES - SENIOR CITIZENS CENTER - Between City and William R. Miller for inspection services required during the construction of the Senior Citizens Service Center. A-75-79 VARIANCE 75-43 & CUP 75-17 Council received and C. J. SEGERSTROM & SONS filed the Negative APARTMENT COMPLEX Declaration and Finding of Fact on the following, on motion of Councilman Ward, seconded by Councilman Ortiz, and carried (4-3), with Councilmen Brandt, Evans and Bricken dissenting: VA 75-43 and CUP 75-17 - C.J. SEGERSTROM & SONS - To permit construction of a 400-unit apartment complex with less than the required open space and exceeding the density in the R2 PRD District, at 1601 West MacArthur Boulevard. APPROVED. CA 13 CITY COUNCIL MINUTES 420 OCTOBER 6, 1975 Mr. Greg Butcher, representing C. J. Segerstrom and Sons, and Mr. Jack Fowler, Aspen Pacific Development Co., spoke in favor of the applications, and gave assurances to Council that the legal density of the master plan of the 200 acre complex, i.e., 1,935 units of single-family and multi-family development, would be accomplished through transfer densities within the master plan to offset the proposed excess density for the project under consideration. They made reference to the letters on file from the Planning Director and C. J. Segerstrom and Sons, dated September 8 and August 8, 1975, respectively, in support of this commitment. VARIANCE 75-47 On the unanimously HARVEY KAGASOFF carried motion of Council- 3629 - 3701 W. 1ST ST. man Evans, seconded by Councilman Ward, Council received and filed the Negative Declaration and Finding of Fact on the following: VA 75-47 HARVEY KAGASOFF - To expand an existing non-profit manpower training program in an existing building in the C2 District at 3629 - 3701 West First StreeZ, waiving a por- tion of the required parking and allowing parking in the R2 District. APPROVED. CA 13 LEAVE OF ABSENCE REQUEST Council approved the JEAN ANKRUM request for leave of TRANSPORTATION ADVISORY COMMITTEE absence from the Transportation Advisory Conunittee until January, 1976, contained in the letter dated September 23, 1975 from Jean I. Ankrum, and recommended to the Planning Commission that it select a temporary representa- tive in Ms. Ankrum's absence, on the unanimously carried (7-0) motion of Councilman Evans, seconded by Councilman Ward. CA 29.10A APPROPRIATION ADJUSTMENT #36 TITLE I PUBLIC SERVICE EMPLOYMENT PROGRAM seconded by Councilman Ward, dissenting: The following budget transfer was. approved (5-2), on motion of Councilman Evans, with Councilmen Evans and Ortiz A.A. #36 - Budgets $90,165 from Anticipated Revenue for Title I Public Service Employment Program to permit the existing positions to continue. CA 65.3 READING WAIVED On the unanimously carried (7-0) motion of Councilman Evans, seconded by Council- man Ward, Council waived full reading of all ordinances and resolutions, the titles of which appeared on the public Agenda, and consideration was given by title only. CITY COUNCIL MINUTES 421 OCTOBER 6, 1975 ORDINANCE NS-1280 The following ordinance CHARGES FOR POLICE SERVICES was placed on second reading and adopted, on the unanimously carried (7-0) motion of Councilman Ward, seconded by Council- man Evans: ORDINANCE 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. (Corrects an in- consistency in the Municipal Code) CA 65 CA 47 ORDINANCE NS-1281 Councilman Ward's MAXI~fOM AMOUNT PAYABLE motion, seconded by UTILITY USERS TAX Mayor Garthe, to establish $S,000 as the maximum amount payable annually under the Utility Users Tax Ordinance was withdrawn by the maker, with the consent of the second, following Council discussion. Councilman Bricken's motion to set the maximum at $2,500 failed for lack of a second. Councilman Brandt's motion, seconded by Councilman Bricken, to establish $2,000 as the annual maximum and Si,S00 as the maximum for 1975, failed on the following roll call vote: AYES: Brandt, Bricken NOES: Ward, Evans, Garthe, Yamamoto, Ortiz ABSENT: None Councilman Ward's motion, seconded by Mayor Garthe, to table Ordinance NS-1281, failed on the following roll call vote: AYES: Ward, Garthe, Yamamoto NOES: Brandt, Evans, Ortiz, Bricken ABSENT: None Councilman Brandt's motion, seconded by Councilman Bricken, to establish $1,S00 as the annual maximum and $1,125 as the maximum for 1975, failed on the following roll call vote: AYES: Brandt, Bricken NOES: Ward, Evans, Garthe, Yamamoto, Ortiz ABSENT: None Councilman Evans' motion, seconded by Councilman Ward, to move the Agenda carried with Councilmen Brandt and Bricken, and Mayor Garthe dissenting, and there was no further action on the follow- ing ordinance: ORDINANCE NS-1281 - 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 M~XIMUM AMOUNT PAYABLE UNDER THE UTILITY USERS TAX. CA 65B CITY COUNCIL MINUTES 422 OCTOBER 6, 1975 RESOLUTION NO. 75-127 The motion to adopt SUPPORT FOR AB 1427 the following resolu- OPEN SPACE EASEMENTS tion by Councilman Evans, seconded by Mayor Garthe, failed to carry (3-4), with Councilmen Ward, Brandt, Ortiz and Bricken voting NO: 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. (Willowick Golf Course exemption) CA 57 CA 52.6 RESOLUTION NO. 75-149 The following resolu- LINCOLN AVENUE BIKE LANES tion was adopted (6-1) on motion of Councilman Evans, seconded by Councilman Ward, with Councilman Yamamoto dissenting: RESOLUTION NO. 75-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING COUNCIL RESOLUTION 74-138 WHICH RESTRICTED PARKING ON THE WEST SIDE OF LINCOLN AVENUE NORTH OF 17TH STREET. CA 18.6 RESOLUTION NO. 75-150 APPOINTING ASSISTANT CITY ATTORNEY TO SIGN DOCUMENTS Evans, seconded by Councilman Ward: Council unanimously (7-0) adopted the follow- ing resolution, on motion of Councilman RESOLUTION NO. 75-150-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AP- POINTING ASSISTANT CITY ATTORNEY, CHARLES J. LIBERTO, A DEPUTY OF THE CITY ATTORNEY FOR PURPOSES OF SIGNING ALL DOCUMENTS REQUIRED BY LAW TO BE SIGNED BY THE CITY ATTORNEY IN THE ABSENCE OF THE LATTER. CA 81 RESOLUTION NO. 75-145 Councilman Bricken's AMENDING ANNUAL BUDGET motion, seconded by FISCAL YEAR 1975-76 Councilman Yamamoto, to adopt the following resolution, carried (6-1), with Councilman Evans dissenting: RESOLUTION NO. 75-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 AND ACCOUNT NO. 71-176 OF THE 1975-76 ANNUAL BUDGET TO ADD OR CHANGE CLASS TITLES AND REALLOCATE CERTAIN BUDGET POSITIONS FOR THE ENHANCEMENT OF EQUAL OPPORTUNITY EMPLOYMENT AND ADVANCEMENT WITH THE CITY OF SANTA ANA. CA 65B CA 50.1 The motion also provided for approval of the following new and revised classification specifications: Reprographic Services Supervisor Reprographics Equipment Operator II Reprographics Equipment Operator I Messenger CITY COUNCIL MINUTES 423 OCTOBER 6, 1975 RESOLUTION NO. 75-146 Council unanimously NEW CLASS TITLE adopted (7-0) the CLERICAL OPERATIONS SUPERVISOR following resolution, on motion of Councilman Bricken, seconded by Councilman Brandt: RESOLUTION NO. 75-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION 58-281 TO ADD THE NEW CLASS TITLE OF CLERICAL OPERATIONS SUPERVISOR. CA 50.1 The motion also provided for approval of the and revised classification specification: Clerical Operations Supervisor following new VOTING REPRESENTATIVE AND Mayor John Garthe ALTERNATE - LEAGUE OF CITIES and Vice Mayor Veznon ANNUAL CONFERENCE S. Evans were designated as Voting Representative and Alternate Voting Representative, respectively, for the League of Cities Annual Conference in San Francisco October 19-22, 1975, on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (7-0) unanimously. CA 148 CA 80.1 JOINT MEETING - CITY COUNCIL A joint dinner AND SANTA ANA PLANNING meeting of the City COMMISSION Council and the Santa Ana Planning Commission was scheduled for 5:30 p.m. on October 13, 1975, in response to the request of the Planning Commission in a letter dated September 23, 1975, on the motion of Councilman Evans, seconded by Councilman Ward and carried (7-0) unani- mously. CA 78.1 TRANSPORTATION PLANNING City Staff was directed to imple- ment the September 22, Transportation Advisory Committee recommendation to retain a consultant who is an expert in transportation to assist the City in its transportation planning efforts on the motion of Councilman Ward, seconded by Councilman Bricken and unanimously (7-0) carried. _~ The City Staff was further directed to continue to monitor the progress of the California Transportation Plan relative to local needs for further input to Council on the motion of Councilman Ward, seconded by Councilman Bricken and carried (7-0) unanimously. Public Works Director, Ronald Wolford, stated that the Cal- ifornia Transportation Plan, at present, is not in keeping with Assembly Bill 69 and incompatible with local needs. CA 29.10a TRANSPORTATION PLANNING AND The memorandum by IMPLEMENTATION PROCESS Councilman Gordon Bricken dated September 24, 1975, suggesting a thorough examination of the City's posture on transporta- tion and early formulation of the Transportation Element to the General Plan in the City was received and filed on the motion of Councilman Ward, seconded by Councilman Evans and unanimously (?-0) carried. CA 84.3 CITY COUNCIL MINUTES 424 OCTOBER 6, 1975 REQUEST FOR USE OF CITY The request of EMBLEM - ELIZABETH BROZOWSKY Elizabeth Brozowsky in her letter of September 12, 1975, to use a 5" decal of the City emblem for an historical dis- play to be donated to the County of Orange was approved on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously. CA 80.12 DRAFT EIR 75-5 - NORTHEAST The Draft Environmental RESERVOIR AND PUMPING STATION Impact Report 75-5 for the Northeast Reservoir and Pumping Station, all written materials pertaining thereto and all verbal com- ments, was adopted as the Final Environmental Impact Report and it was certified that the Report has been completed in compliance with CEQA and the City's rules and regulations and that the Council has reviewed and considered the infor- mation contained therein, on the motion of Councilman Evans, seconded by Councilman Ward, and unanimously (7-0) carried. Public Works Director Ronald Wolford stated that the reservoir would be located on the north side of the Santiago Creek immediately west of the Santa Fe Railroad in the area occu- pied by the archery range; that the archery range would be ~ ~ relocated; that two wells would be drilled in conjunction ~.~' with the project; that the project will be powered by elec- tricity; and that the project can be under way by late summer. The development of a master plan for Santiago Park was re- ferred to the Park and Recreation Board on the motion of Councilman Ward, seconded by Councilman Bricken and carried (7-0) unanimously. City Manager, Bruce Spragg, suggested that the Board review the adequacy of our existing recreation and park development programs and present to Council new ideas for updating and revising our entire scope of needs. CA 12 CA 52 NEGATIVE DECLARATION FOR SENIOR CITIZENS CENTER on the motion of Councilman Evans, Ward and carried (7-0) unanimously. The Negative Declara- tion for the Senior Citizens Service Center was approved and filed seconded by Councilman CA 131.10 VIETNAMESE REFUGEE Staff was directed to RELOCATION PROGRAM implement recommenda- tions to: 1) Use the 24-hour Dial-Your-Mayor system to take calls from local groups or individuals who are interested in sponsoring Vietnamese families, and 2) Work with the Christian Resettlement Organization for Social Services which is a local sponsoring organization, as re- commended in the Assistant to City Manager's report dated October 3, 1975, on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously. This motion followed a motion to implement the entire staff re- commendation contained in the report dated October 3, 1975, made by Councilman Bricken, seconded by Councilman Yamamoto and defeated (2-5), with Councilmen Ward, Brandt, Evans, Ortiz and Mayor Garthe dissenting. CA 131.15 CITY COUNCIL MINUTES 425 OCTOBER 6, 1975 Councilman Bricken's memorandum to Council on the same subject, dated September 24, was received and filed by common consent. STANDARDIZATION OF REQUEST The memorandum from FOR PROPOSALS Councilman Bricken dated September 24, 1975, recommending the standardization of requests for proposals from consultants was referred to the City Attorney to prepare a proposed form in conjunction with operating departments involved, on the motion of Councilman Ward, seconded by Councilman Bricken and carried (7-0) unanimously. CA 89 CA 8O.6 CITIZEN PARTICIPATION PLAN The Citizens Participa- COMMUNITY DEVELOPMENT tion Plan was modified to provide that each Councilman be given an opportunity to act as Co-chairman at public participation meetings and, in particular, at those in his own ward, pur- suant to a recommendation by Councilman Ward dated September 29, 1975, on the motion of Councilman Yamamoto, seconded by Councilman Brandt and carried (7-0) unanimously. The Citizens Participation Plan for the Housing and Community Development Block Grant, recommended by the Human Relations Commission, was approved, and its implementation authorized on the motion of Councilman Ward, seconded by Councilman Evans and carried (7-0) unanimously. CA 140.20 P.B.A. REQUEST The request of the STATE POLICE OLYMPICS 1977 Police Benevolent RESOLUTION NO. 75-144 Association for a Resolution support- ing Santa Aha as the site for the Police Olympics 1977 was granted and Council adopted the following Resolution No. 75-144 and directed that it be mailed to all Orange County cities, on the motion of Councilman Brandt, seconded by Councilman Evans and carried (7-0) unanimously. RESOLUTION NO. 75-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EN- DORSING SAID CITY AS THE SITE FOR THE STATE POLICE OLYMPICS Officer D. Committee, L. Robertson, Chairman, Santa Ana Police Olympic spoke in favor of the Resolution. CA 47 CA 50.5 FISCAL PLANNING FOR The action of the REDEVELOPMENT AGENCY Redevelopment Agency to authorize the Executive Director of the Redevelopment Agency to select, subject to final approval of the City Manager, a financial consultant to analyze revenues and cash flow and to develop alternative refunding plans for tax increment bonds, "pay as you go" funding, and repayment of all City loans, was ratified on the motion of Councilman Ward, seconded by Councilman Bricken and carried (7-0) unanimously. CITY COUNCIL MINUTES 426 OCTOBER 6, 1975 Consideration of a staff recommended policy that all funds utilized by the Redevelopment Agency, regardless of source or origin, and excepting only federal grants made directly with the Agency, tax increment revenues, bond funds and proceeds from dispositions of properties purchased with these funds, shall be considered as loans to the Agency to be repaid with interest, in accordance with an established repayment plan, was continued pending recommendation from the prospective financial consultant (authorized by pre- ceding motion) on motion of Councilman Ward, seconded by Councilman Yamamoto and carried (6-1) with Councilman Evans dissenting. CA 82.4 PROMOTION TO POSITIONS The written request OF DEPUTY CITY ATTORNEY II of City Attorney Keith Gow dated September 18, 1975, for permission to promote three Deputy City Attorney I pos- itions to positions of Deputy City Attorney II, effective November 1, 1975, was granted on the motion of Councilman Evans, seconded by Councilman Bricken and carried (7-0) CA 81 unanimously. CA 50.1 SIGNING ON CAPITAL The suggested sign PROJECTS presented by Ronald Wolford, Public Works Director, was approved for use in identifying capital projects and the expenditure of approximately $1,300 to purchase a total of 20 signs was authorized on the motion of Councilman Bricken, seconded by Councilman Evans and carried 5-2 with Councilmen Ortiz and Yamamoto dissenting. Mr. Wolford's written report dated CA 34 September 26, described how the sign would be utilized. CA 65 UNDERGROUND UTILITY DISTRICT A public hearing of NO. 9 17TH STREET FROM FAIRVIEW the proposed Under- STREET TO KING STREET ground Utility District No. 9 was set for November 3, 1975, at 7:30 p.m., on the motion of Councilman Evans, seconded by Councilman Bricken and carried (7-0) unani- mously. CA 134 UNDERGROUND UTILITY DISTRICT A public hearing of NO. 12 - FLOWER STREET BETWEEN the proposed Under- CIVIC CENTER DR. & 17TH STREET ground Utility District No. 12 was set for November 3, 1975, at 7:30 p.m., on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) CA 134 unanimously. LOGAN AREA STUDY Consideration of the Logan Area Study was continued until approx- imately May, 1976, after the consultant for the Redevelopment Agency has com- pleted his study, on the motion of Councilman Evans, seconded by Councilman Brandt, and carried (7-0) unanimously. CA 78.6 CITY COUNCIL MINUTES 427 OCTOBER 6, 1975 AGENDA REVIEW COMMITTEE The Agenda Review REPORT Committee Report was continued to November 3, 1975, on the motion of Councilman Ward, seconded by Councilman Evans and carried (7-0) unanimously. CA 75.5 ORAL COMMUNICATIONS Mr. Everett Winters, EVERETT WINTERS Chairman of the Santa Ana Planning Commission, expressed his concern over the increasing number of day care centers in specific areas of the City and advised that the Planning Commission had requested a Staff study to determine the number of day care facilities in residential areas to avoid an overcon- centration in some areas. CA 78.1 RECESS reconvened at 7:30 P.M. with the same At 5:05 P.M. Mayor Garthe recessed the meeting for dinner and the meeting was Councilmen present. INVOCATION The Pledge of Alle- PLEDGE OF ALLEGIANCE glance to the Flag led by Girl Scout Troop #1063, Mrs. Almond Cradel,~leader, was followed by the invocation by Father Robert Davis, Immaculate Heart of Mary Church. CA 80.17 CA 9.10 COMMUNITY SPOTLIGHT "Operation Speech" CALIFORNIA ANGELS'S "OPERATION was sponsored by the SPEECH" California Angels baseball team when they provided a block of tickets to be sold for the bene- fit of the "Operation Speech" program. Mr. George Letterer of the Angels explained telephonic devices are provided to physically handicapped children and adults to call for police assistance in an emergency. Mayor John Garthe pre- sented a City seal tile to Mr. Letterer in appreciation for the Angels support of this outstanding program. CA 9.3 PROCLAMATION Mayor Garthe pre- UNITED WAY sented a Proclamation for the United Way Campaign to its Director of Communications, Jim Beam. Mr. Beam stated that the United Way began in 1924 in Santa Ana and that in 1972 it became the United Way of Orange County. He expressed the thanks of United Way for the support given by City em- ployees who contributed 33% more in 1974 than in the pre- vious year. Mr. Beam presented a United Way Flag to the City and asked that it be flown during the month of October. CA 46 PUBLIC HEARING - VACATION OF Mayor Garthe announced PORTION OF WASHINGTON AVE. that this was the time and place for the public hearing of the vaca- tion of a portion of Washington Avenue adjacent to the west side of the Santa Aha Freeway right of way. CITY COUNCIL MINUTES 428 OCTOBER 6, 1975 Planning Director Charles C. Zimmerman stated that this abandon- ment had been reviewed by the Staff, the City Manager's Office and the Planning Commission, all of whom recommended the aban- donment; that all utility companies had been contacted and do not object to the abandonment. There being no speakers for or against the street abandonment, Mayor Garthe closed the public hearing. The following resolution No. 75-147 was adopted by the motion of Councilman Evans, seconded by Councilman Ward, and carried (7-0) unanimously: RESOLUTION NO. 75-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDERING THE VACATION OF A PORTION OF WASHINGTON AVENUE ADJACENT TO THE WEST SIDE OF THE SANTA ANA FREEWAY RIGHT OF WAY AND RESERVING AN EASEMENT FOR UTILITY PURPOSES. CA 14 REQUEST FOR REMOVAL OF BRICK Abandonment of the WALL BARRICADE - HELIOTROPE DRIVE portion of the street Council Referral Item #209 underlying the wall so as to effect the closure of Heliotrope Drive on a permanent basis was approved and referred to the Planning Commission for initiation of the abandonment procedure, and Item #209 was deleted from the Council Referral Summary, on the motion of Councilman Brandt, seconded by Councilman Ward and unanimously (7-0) carried. Traffic Engineer Joe Foust, prior to the motion, stated that a request from property owners and lessees of 17th Street property had been received to remove the brick wall barricade. He further stated that the wall had been constructed at the request of residents of the homes north of 17th Street and with their funds in order to separate the residential from the commercial properties; that there had been numerous com- plaints of speeding on Heliotrope; that for traffic planning an arterial street such as 17th should have spaced inter- sections; and finally that Staff would recommend that a fire hydrant be installed on the residential side of the Heliotrope wall. Speakers favoring the removal of the wall were: Richard Riemer, Attorney, representing property owners on 17th Street; Warren Henningsgard, lessee of property on 17th Street and Director of Lawton School; Marge Logush, 1710 N. Heliotrope; and Billie Troth, 1711 N. Heliotrope The opponents of the wall stated that the action of the Council to have the wall constructed was improper; that the right of the owners and lessees of the property on 17th Street to access to Heliotrope has been taken away wrongfully; and that the owners of the two homes south of the wall have had difficulty borrowing money on the property or financing it for sale cause of the wall. CITY COUNCIL MINUTES 429 OCTOBER 6, 1975 The speakers favoring retention of the wall were: Ed Tornell, 1717 North Heliotrope; Tom Cox, 1919 North Heliotrope; Margie Fluor, 1920 North Heliotrope; Robert Wright, 2013 North Heliotrope; Angelo Peykoff, 1927 North Heliotrope; Mrs. John Madden, 2319 North Rosewood; Robert Lowrey, 2102 North Heliotrope; Mrs. Herbert Miller, 2008 North Heliotrope; and Gloria Turkwalled, 842 East McFadden The proponents of the wall stated that they wished to maintain the separation between residential and commercial property; that they wished to maintain the quiet residential street; that the two occupants of residences on the south side of the wall made the decision in 1969 to stay on the south side after having been given their choice; that the wall has reduced the crime rate. Mr. Lowrey presented a petition in favor of retention of the wall, signed by the 39 Heliotrope residents who live north of the wall to Santa Clara. Councilmen Evans, Ward, Bricken and Yamamoto spoke in favor of maintaining the wall, to separate residential from commercial property, and to maintain the increased safety of the neighbor- hood which has resulted from the installation of the wall. CA 29.1 PETITION OF COMPLAINT BOARD & CARE RESIDENTS 2523 W. BERN LANE neighbors complaining about and care residents at 2323, The City Council responded to a petition containing signatures of 78 residential the disturbance caused by board 2401 and 2409 West Bern Lane with the following motion by Councilman Yamamoto, seconded by Councilman Brandt, and unanimously (7-0) carried: Directed the Planning Department to monitor the enforcement action of the Welfare Licensing Divi- sion and to report back to the Council the findings and actions of that agency; Instructed the staff to remedies because of the Act; and seek out potential legal overuse of the Lanterman Instructed the staff to pursue the possibility with local legislators of amendments to the Lant'erman Act that would further enhance the ability to enforce it. The City Attorney was instructed to prepare a resolution stating in principle that Council finds that the concentration of day care facilities is a burden to the neighborhood; that the con- centration creates institutional fear; that such concentration is not consistent with court interpretation; that the Council recommends to the County Board of Supervisors and to the State CITY COUNCIL MINUTES 430 OCTOBER 6, 1975 Legislature that they create new standards or legislation to limit the concentration of these day care homes in one neighborhood by providing that they be separated by 500 feet, in a further motion by Councilman Ward, seconded by Council- man Bricken and unanimously (7-0) carried. Speakers who appeared in support of the written petition were: Ed Culbert, 2402 W. Laurie Lane Mary Cooke, 2421 West Bern Lane Carole Culbert, 2402 W. Laurie Lane Aurora Martinez, 2422 West Downie Place Beverly Altes, 2425 West Bern Lane Carlos Martinez, 2422 West Downie Place The speakers informed Council that there were 18 mentally dis- turbed people housed in three adjacent homes; that they have been disturbed by numerous incidents of undesirable behavior enumerated in the petition; that they have young children they do not wish to have exposed to this behavior; and that they are here to seek help from the Council. Keith Gow, City Attorney, stated his opinion that the intent of the Lanterman Act to house mentally disturbed persons in a residential environment, was being violated in spirit by the allowance of three homes in a row in one neighborhood. The Council expressed agreement with the petitioners and generally favored all possible attempts to aid in the correction of the problem. Police Chief Davis advised Council of his the residents of these homes for indecent their diminished mental capacity. inability to prosecute exposure because of CA 78 REQUEST FOR ORDINANCE PROHIBITING PORNOGRAPHIC THEATERS IN SANTA ANA by Lee Ogorek, in her letter of unanimously (7-0) approving the Councilman Brandt The City Council responded to the request of numerous residents of northwest Santa Aha represented September 15, 1975, by following motion made by and seconded by Councilman Bricken: Instructed the City Attorney to prepare a resolu- tion similar to Resolution No. 75-109 adopted August 18, 1975, and after it has been re-worded to transmit a copy to every member of the Assembly with a cover letter expressing the City Council's sincere and strong support for Senate Bill 886; Instructed the City Attorney to contact the City of San Bruno to ascertain what methods they used to close down their porno theater, if in fact it has taken place, or if it is merely a temporary thing to be held up in the courts; Authorized the Mayor to write to the Mitchell Brothers and to United Artists stating the City's position in opposition to this type of movie house; Authorized the Mayor to write to the School Dis- tricts, Santa Ana and Rancho Santiago Junior College, that the City Council concurs with their opposition and encourages that no public funds be used in support of the porno movie theaters; CITY COUNCIL MINUTES 431 OCTOBER 6, 1975 Encouraged the Police Department to monitor the theater very closely for illegal acts of conduct; and Appointed~Councilman Yamamoto as the liaison representative between the citizens group and Council, and requested that the group make contact with Mr. Gow, City Attorney, informing him who the leaders are going to be so that status informa- tion may be exchanged, Prior to the approved motion, City Attorney Keith Gow advised the Council that the City's ability to proceed against theaters showing material objectionable to the residents has been preempted by State and Federal law; that the adoption of an ordinance prohibiting the showing of such films could be challenged and the ordinance held unconstitutional; that a zoning law designed to restrict theaters showing objectionable material to a certain area of the City would likewise present a constitutional problem; and that in view of the very stringent limitations that the law places upon the power of a city to regulate the content of pornographic materials, he recommended that the City urge adoption of Senate Bill 886 by the State Legislature. Persons appearing before the Council to speak in opposition to the Mitchell Brothers theater were: Lee Ogorek, 2202 North Pacific Dr. Norman Conner, Pastor Joy Ransdell, 2206 North Pacific 'Marty Huber, Huber's Happy House, 1515 West 17th Street Mel Duncan, representing Ralph's Market Rose Marie Wojtkiewiez, St. Barbara's Church Citizens for Decent Literature Matthew Ogorek, 2202 North Racific Ron Hartman Sharon Seropke, 1629 West Avalon Dan Salceda, 2618 Westwood Street Glen Rose, 2519 North Forest The opponents of the theater stated that they had been circulat- ing a petition, and that they had approximately 5,200 names to date; that the community is voicing its objection to having pornography as a community standard where they live and work; that they wish Council to go out on a limb and find a way to close this theater; that numerous case histories of crimes show that the criminal has committed the crime after viewing a pornographic film; and that they protest the fact that a small minority of people are allowed to trample on the decency of the majority. In addition, Council was informed that the City of San Bruno was successful in closing a pornographic theater and the Council was asked to contact the City of San Bruno to find out what means were used. Mr. Salceda informed Council that Senate Bill 886 is in the Assembly Judiciary Committee, and that the only Orange County legislator who sits on that committee is Mr. Bruce Nestande of Orange, who is trying to get it out of committee and on to the floor of the Legislature. One speaker made a statement in favor of the Mitchell Brothers Theater: Jim Boyer, 2010 Strand, Manhattan Beach CA 149 CITY COUNCIL MINUTES 432 OCTOBER 6, 1975 ORAL COMMUNICATION Mr. Nick Koch, of NICK KOCH Koch Welding Works, 2845 Whittier Boulevard, Los Angeles, asked Council if he could demonstrate his method of welding gasoline tanks which is not an approved procedure by the Santa Ana Fire Department. The request was referred to staff for handling, on the motion of Councilman Yamamoto, seconded by Councilman Brandt, and carried (7-0) unanimously. CA 64 ADJOURNMENT City Hall, 20 Civic Center Plaza. At 10:22 P.M. the meeting was adjourned to 12:50 P.M. October 197S, in Room 851, 1S, FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 433 OCTOBER 6, 1975 CITY COUNCIL MINUTES 434