Loading...
HomeMy WebLinkAbout11-03-1975MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 3, 1975 The adjourned regular meeting of the City Council was called to order at 12:30 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 the following staff members: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, and Clerk of the Council Florence I.~Malone. EXECUTIVE SESSION At 12:45 P.M., Council .recessed for an execu- tive session to consider personnel matters. Council reconvened at 1:55 P.M. with the same members present, and immediately adjourned the meeting. FI.0RENCE I. MALONE ~-L(~I[ENCE IX. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 451 NOVEMBER 3, 1975 CITY COUNCIL MINUTES 452 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 3, 1975 The meeting was called to order at 2:00 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, Senior Planner William Daugherty, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance, the Invocation was given by Mayor Garthe. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Items 1, 2 C, and 7 B requested by Councilman Ward; Item 7 C requested by Council- man Yamamoto; Items 3 B and 9 A requested-by Mayor Garthe. The following Councilman registered NO votes: Councilman Evans on 7 A; Councilmen Evans and Yamamoto on 7 D; Councilman Bricken on 4 D; Councilman Yamamoto on 4 C, 6 I, and 6 J. On the unanimously carried (7-0) motion of Councilman Ward, seconded by Councilman Brandt, Council affirmed the recom- mended action on the following Consent Calendar Items: BID CALLS Approved plans and specifications and authorized advertise- ment for bids on the following: PROJECTS 8061 and 8066 - Installation of new bicycle traffic signals at the intersections of McFadden Avenue and the Pacific Electric Bike Trail, Warner Avenue and the Pacific Electric Bike Trail, and Warner Avenue and the South Coast Bike Trail. CA 89B PROJECT 1359 - Widen Flower Street from Pine Street to Santa Ana Boulevard. CA 89F SPEC. 75-026 - Four or more three-wheel scooters.CA 89A SPEC. 75-027 - Six or more solo motorcycles. CA 89A SPEC. 75-028 - One or more half-ton compact pick-up truck. CA 89A SPEC. 75-029 - Three or more 6,100 GVW pick- up trucks. CA 89A SPEC. 75-030 - One or more 7,500 GVWR cab & chassis. CA 89A SPEC. 75-031 - Two or more 10,000 GVWR cab & chassis with utility body. CA 89A CITY COUNCIL MINUTES 453 NOVEMBER 3, 1975 CONSENT CALENDAR - Continued SPEC. 75~032 - One or more 20,000 GVWR cab & chassis with utility body. SPEC. 75-033 - One or more 24,000 GVWR cab & chassis. SPEC. 75-034 - Two or more 46,000 GVWR dump trucks. CA 89A CA 89A CA 89A BID AWARDS and best bidder: Awarded the follow- ing on basis of lowest responsible PROJECT 7036 - Renovate Fire Station at 521 North Figueroa Street for Santa Anita Community Center. Awarded to Aezel Construction Company, Inc. dba Atlas Builders, Costa Mesa, on base bid and alternate add-on, for a total contract amount of $11,105.96. SPEC. 75-014 - Five mobile radios. Awarded to Motorola Communications & Electronics, Inc., E1 Segundo. SPEC. 758-104 - Periodicals - Annual require- ment. Awarded to Ebsco Subscription Services, Los Angeles. CA 89G CA 89G CA 89G AGREEMENTS execution by the Mayor and Clerk: Approved the follow- ing agreements and authorized their RIGHT OF ENTRY AND TO CONSTRUCT IMPROVEMENTS Between City and David J. and Jeanette T. Keller to construct pedestrian safety improvements on the real property located at the southwest corner of First and Lyon Streets. A-75-80 YOUTH SOCCER - Between City and the County of Orange for revenue sharing funds for youth soccer program. A-75-81 COMMUNITY PLAN FORMULATION - Between City and Levander, Partridge & Anderson, Inc. to provide needed services to formulate community plans as required by the Community Development Program. (Councilman Yamamoto registered a NO vote.) A=75=82 AMENDED JOINT POWERS AGREEMENT - Between City and Inter-County Airport Authority to reflect fact that the City is a participating agency. (Councilman Bricken registered a NO vote.) the A-75-83 A-75-75 · TELEPHONE SYSTEM AUDIT - Between City and National Telecommunications Management to provide a com- prehensive analysis and optimization study of the City's telephone communications system. A-75-84 TRANSPORTATION ADVISORY SERVICES Between City and Dr. Gordon Fielding for consultant services. A-75-85 CITY COUNCIL MINUTES 454 NOVEMBER 3, 1975 CONSENT CALENDAR - Continued JUNIOR CHAMBER OF COMMERCE ANNUAL CHRISTMAS PARADE Between City and the Santa Ana Junior Ghamber of Commerce to plan and execute the annual parade and Bicentennial celebration. A~75_86 TRAFFIC installed October 6, inclusive. Received and filed report of control devices removed or 197S through October 28, 197S, CA 18.3a ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed the following applications: JUHNKE, Charles G. & Marian J. - 2120 Bristol Person to Person Transfer - Off Sale General. South Type "21" CA 146 HOGAN, William F. & Margaret Ann and RYAN, James F. & Lillian J. T. - 1467 South Main Street - Person to Person Transfer - Type "21" Off Sale General. CA 146 ALPHA BETA COMPANY, DEELEY, W. R. (Pres/Tres) FIELD, Thomas Walter Jr. (VP), KANODE, Delno G. (VP-Counsel), THOMAS, Ruth H. (Secretary) 420 West 17th Street - Original Type "20" Off Sale Beer & Wine. CA 146 ALPHA BETA COMPANY, DEELEY, et al., 1010 South Main Street Original - Type "20" Off Sale Beer & Wine. CA 146 ALPHA BETA COMPANY, DEELEY, et al., 5111-C West Edinger Original Type "20" Off Sale Beer & Wine. CA 146 ALPHA BETA COMPANY, DEELEY, et al., 2228 East 17th Street Original - Type "20" Off Sale Beer & Wine. CA 146 ALPHA BETA COMPANY, DEELEY, et al., 2521 McFadden - Original - Type "20" Off Sale Beer & Wine. CA 146 ZEB'S WORLD FAMOUS BOATHOUSE, INC., ZIEMER, Robert R., (Pres), LINDSTEDT, Roger P. (VP), ZISKO, John T. fSec), RAWUKA, John (Treas) 513-515 South Main Street - Person to Person Transfer - Type "48" On Sale General Public Premises to Premises Transfer. (Councilman Yamamoto registered a NO vote.) CA 146 CONTINENTAL RESTAURANT SYSTEMS, INC., 1406 East First Street - Person to Person Transfer - Type "40" Off Sale Beer. (Councilman Yamamoto registered a NO vote.) CA 146 MURRIETA, Art V. and SOLIS, Armando - 608 East Central Avenue - Person to Person Transfer - Type "40" On Sale Beer. CA 146 J & D GRINGO'S INC., WALDSCHMIDT, Jerry (Pres/Tres), MOONAN, David R. (VP/Sec) 1208 East McFadden Person to Person Transfer - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). CA 146 CITY COUNCIL MINUTES 455 NOVEMBER 3, 1975 CONSENT CALENDAR - Continued Instructed the City Attorney to prepare a letter of protest on the following in accordance with the report submitted: AMMANN, Alois Elizabeth 802 East Third Street - Original Type "20" Off Sale Beer & Wine. PROTEST - Additional Variance required. CA 146.1 VARIANCES Received and filed the Nega- tive Declaration and Finding of Fact on the following: VA 7S-49 LLOYD'S BANK - To replace an existing sign and install a clock tower, lighting on the building, tennis courts with accessory facilities and reduce the required parking in an existing shopping center, 3636 South Bristol, in the CR District. APPROVED. (Councilman Evans registered a NO vote.) CA 13 MINOR EXCEPTIONS of Exemption and Received and filed the Determination Finding of Fact on the following: EX 75-30 - BETTY MAE ULIBARRI To allow on-sale beer and wine in an existing restaurant within 300' of residential property; 715 North Bristol Street; C5 and R2 Districts. APPROVED. (Councilman Evans and Yamamoto registered NO votes.) CA 13.2 (For subsequent action, see Minutes Page 459 .) DEEDS, NO CASH Received and filed GRANTEE, CITY Report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from October 7 through October 28, 1975, inclusive. CA 155 DEEDS WITH CASH & ESCROW Approved the follow- GRANTEE, CITY ing deeds and auth- orized Mayor and Clerk to sign all necessary documents in connection with the purchases: LLOYD'S BANK - Northwest corner of 17th and Green- leaf for street and vehicular access rights. CA 155 MARSHALL, Richard C. and Fern B. Northeast corner of 17th and Heliotrope for street and vehi,¢ular access rights. CA 155 DEEDS, NO CASH GRANTOR, CITY Clerk: Authorized execution of the following deed by Mayor and QUENTIN, L. Richard Southwest corner of Flower and Edinger for vehicular access rights. CA 155 CITY COUNCIL MINUTES 456 NOVEMBER 3, 1975 CONSENT CALENDAR - Continued f DEEDS WITH CASH Approved the GRANTOR, CITY following deed and authorized Mayor to sign all necessary documents in connec- tion with the sale: BERGE, Bryn - East side of Main south of Sunflower - Disposal of surplus property. CA 155 TENTATIVE TRACT MAP Received and filed the Negative Declaration, approved the following map subject to conditions contained in Planning Director's report: MAP #9067 Filed on September 23, 1975, by Lyle B. Mitchell creating 11 R1-PD lots; all proposed lots are to be used for residential purposes; generally located on the southwest corner of Fruit Street and Mabury Street. CA 24 COMPLETION OF Authorized release IMPROVEMENTS of performance, monument, labor and material bonds on the following: TRACT 8517 - West side of Bear Street, at Moore Avenue CA 24 CHANGE ORDERS Approved the follow- ing Change Order; authorized staff to investigate the possibility of recouping from the con- sulting engineer any of the costs involved in the extra work by reason of the failure to properly identify the conflicting utility lines: PROJECT 4033 - Additional work for relocation, reinforcement and protection of various utility lines either not shown on the plans or were shown in the incorrect locations in construction of V-2 storm drain in Fourth Street from 268 feet west of Golden Circle Drive to Dianne Street Change Order #1, increasing in the amount of $6,681.36. CA 89G Approved the following Change Orders: PROJECT 5034 - Provide a stub-out to tie in traffic signal no longer done by the telephone company - Traffic signal and lighting system at MacArthur Boulevard and Towner Street Change Order #1, increasing in the amount of $120.86. CA 89B PROJECT 5034 Shortening of left turn pocket west of Towner Street to provide wider turning movement for fire engines into Station Number 6 - Traffic signal and lighting system at MacArthur Boulevard and Towner Street - Change Order #2, increasing in the amount of $200.00. CA 89F CITY COUNCIL MINUTES 457 NOVEMBER 3, 1975 CONSENT CALENDAR - Continued COUNCIL REFERRAL Received and filed SUNBIARY status report from Clerk of the Council regarding items referred to staff by Council. CA 80.2 PROCLAMATIONS the Mayor October 7 Received and filed report of proclama- tions issued by through October 28, 197S. CA 46 CONSENT CALENDAR FINIS MINUTES The Minutes of the OCTOBER 6 AND OCTOBER 13 October 6 Regular Meeting were approved on the unanimously carried (?-0) motion of Councilman Ward, seconded by Councilman Yamamoto subject to the following change on page 425, Item 2, Draft EIR ?S-S - Northeast Reser- voir and Pumping Station, third paragraph: Staff was instructed to continue the study of master planning all parks with particular emphasis and priority on Santiago Park; and to submit its proposals and recommendations to the Board of Recreation and Parks for re- view and recommendation to the City Council. Action on the October 13 Adjourned Regular Meeting Minutes was continued to the November 17 meeting, as requested by the City Attorney, on the unanimousy approved (7-0) motion of Councilman Ortiz, seconded by Councilman Ward. The Minutes of the Adjourned Regular Meeting of October 6 and the Regular Meeting of October 20 were approved on the unanimously carried (7-0) motion of Councilman Ward, seconded by Councilman Yamamoto. BID CALL-.SPEC 75-025 Council approved 25 FOUR-DOOR SEDANS plans and specifica- tions and authorized advertisement for bids on the following, on the unanimously carried (?-0) motion of Councilman Brandt, seconded~by Councilman Evans: SPEC 75-025 - Twenty-five (25) or more full- size four-door sedans with alternate bids to be solicited for air-conditioned and inter- mediate size vehicles. BID AWARD FIRE HOSE best bidder, unanimously seconded by SPEC 75-013 Council awarded the following On the basis of lowest responsible and complying with specifications, on the carried (7-0) motion of Councilman Ward, Councilman Evans: SPEC 75-013 1400 feet awarded to Wardlow Fire Habra. 1½" Fire Hose, Equipment, La CITY COUNCIL MINUTES 458 NOVEMBER CA 8~G 3, 1975 1600 feet 2½" Fire Hose and 1800 feet 3" Fire Hose. Awarded to the American Rubber Mfg., Santa Fe Springs. CA 89G The bid of Halprin Supply Co., lowest on all three items, was rejected on basis of non-compliance with specifications. VARIANCE 75-54 - ROMAN Council received and CATHOLIC ARCHBISHOP OF filed the Negative LOS ANGELES Declaration and Finding of Fact on the following, on the unanimously approved motion of Councilman Evans, seconded by Councilman Ward: VA 75-54 - ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES - To allow the expansion of a church at 1541 West Sixth Street in the O (Open Space) District. APPROVED. CA 13 MINOR EXCEPTION 75-29 Council set the HOPE VIEIRA following for public hearing on November 17, 1975, at 7:30 P.M., on motion of Councilman Yamamoto, seconded by Mayor Garthe: EX 75-29 - HOPE VIEIRA - To allow on-sale liquor in a restaurant within 300' of property used for residential purposes; 2323 West First Street; MI District. APPROVED. CA 13.2 The motion carried on the following roll call vote: AYES: Yamamoto, Garthe, Bricken, Evans, Brandt NOES: Ward, Ortiz ABSENT: None MINOR EXCEPTION 75-30 Council reconsidered BETTY MAE ULIBARRI the following matter which had been re- ceived and filed as a Consent Calendar item, on the unanimously approved motion of Councilman Bricken, seconded by Councilman Evans: EX 75-30 - BETTY MAE ULIBARRI To allow on- sale beer and wine in an existing restaurant within 300' of residential property; 715 North Bristol Street; C5 and R2 Districts. APPROVED. CA 13.2 Councilman Bricken's motion, seconded by Councilman Evans, to set Minor Exception 75-30 for public hearing on November 17, at 7:30 P.M., failed to carry on the following roll call vote: AYES: Bricken, Evans, Yamamoto NOES: Ward, Brandt, Garthe, Ortiz ABSENT: None CITY COUNCIL MINUTES 459 NOVEMBER 3, 1975 TENTATIVE PARCEL MAP Action on the following NO. 937 item was continued to the next Council meet- ing, November 17, at the request of Mr. Sam Campbell, representing Vard Newport, on the unanimously approved motion of Councilman Evans, seconded by Councilman Yamamoto: MAP NO. 937 - Filed on October 14, 1975, by Vard Newport, creating two (2) MI parcels; all proposed parcels are to be used for industrial purposes; generally located south of Warner Avenue, east of Harbor Boulevard; alley waiver requested. CA 25 Mr. Campbell objected to Condition No. 8 of the map approval. ORDINANCE NO. NS-1282 The following ordinance AblENDMENT APPLICATION #731 was placed on second reading and adopted on motion of Council- man Evans, seconded by Councilman Ward, with Councilman Bricken dissenting: ORDINANCE NS-1282 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION #731 INITIATED BY THE PLAN- NING COMMISSION TO REZONE PROPERTY COM- PRISING PORTIONS OF THE WILLOWICK GOLF COURSE FROM THE Ri, R2 AND C2 DISTRICTS TO THE O (OPEN SPACE LAND) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 10-5-10. CA 10 CA 52.6 RESOLUTION NO. 75-156. Council unanimously GENERAL REVENUE SHARING (7-0) adopted the PROGRAM following resolution on the motion of Councilman Evans, seconded by Councilman Ward: RESOLUTION NO. 75-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ENDOR- SING AND URGING THE CONTINUATION OF THE PRESENT FEDERAL GENERAL REVENUE SHARING PROGRAM. CA l12A RESOLUTION NO. 75-157 On the motion of VACATION OF A PORTION OF Councilman Evans, SIXTH STREET seconded by Council- man Ward, Council unanimously adopted the following resolution: RESOLUTION NO. 75-157 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MAP AND DECLARING INTENTION TO VACATE A PORTION OF SIXTH STREET IN THE HICKEYS, ANDREWS, CRANES ADDI- TION TO SANTA ANA BETWEEN ROSS STREET AND SANTA ANA BOULEVARD, SUBJECT TO THE RESERVATION AND EXCEPTION OF A CERTAIN EASEMENT AND RIGHT OF WAY; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE; DESCRIBING SAID STREET AND THE EASEMENT AND RIGHT OF WAY TO BE RESERVED AND EX- CEPTED; SETTING A PUBLIC HEARING THEREON; AND DIRECTING NOTICE HEREOF TO BE POSTED. Ct 14 CITY COUNCIL MINUTES 460 NOVEMBER 3, 1975 TRAVEL REQUEST The.report from the HUMAN RELATIONS CObIMISSION Assistant to the City Manager requesting approval of travel expenses for Human Relations Commissioner Rudy Moreno to attend a planning meeting for the Annual State Human Relations Commissions Conference in San Francisco on November 1, 1975, having been informally approved by polling Council, was rati- fied on the motion of Councilman Evans, seconded by Councilman Ward and carried (7-0) unanimously. CA 131.1 REQUEST FOR USE OF CITY EMBLEM The request made by AIR CALIFORNIA Air California, dated October 17, 1975, for display of the City's emblem decal at its maintenance base in Oakland, California, was granted, on the motion of Councilman Evans, seconded by Councilman Ward and carried (7-0) unanimously. CA 80.12 ENVIRONMENTAL IMPACT REPORT The draft Environmental 17TH STREET WIDENING FROM Impact Report for the FAIRVIEW STREET TO MAIN STREET widening of Seventeenth Street from Fairview Street to Main Street, all written materials pertaining thereto and all verbal comments, including those of the Greenbelt Commission, was adopted as the Final Environmental Impact Report and certified as completed in compliance with the California Environmental Quality Act and the City's rules and regulations and that the information contained therein was reviewed and considered by Council, on the motion of Council- man Ortiz, seconded by Councilman Ward and carried (6-1) with Councilman Brandt dissenting. DESIGNATION OF VOTING AND Mayor John Garthe was ALTERNATE VOTING DELEGATE FOR designated as voting S1ST ANNUAL CONGRESS OF CITIES delegate and Vice Mayor Vernon S. Evans as alternate voting delegate to the 51st Annual Congress of Cities being held in Miami Beach November 30 through December 4, on the motion of Councilman Ward, seconded by Councilman Brandt and carried (7-0) unanimously. CA 29.8 Because of the anticipated lack of quorum for a December 1st Council Meeting, the meeting dates for December were deter- mined to be December 8 and December 15, 1975, on the motion of Councilman Ward, seconded by Councilman Evans and carried (7-0) unanimously. CA 80.1 CA 150 PROCEDURAL RULES FOR The "Procedural Rules PERSONNEL BOARD HEARINGS for Hearings Before the Santa Ana Person- nel Board" adopted by the Personnel Board on October 22, 1975, were received and filed on the motion of Councilman Evans, seconded by Council- man Bricken and carried (7-0) unanimously. CA 50.8 OPPOSITION TO AB 1246 CREATING The City Attorney was COUNTY TRANSPORTATION COMMISSIONS directed to prepare a Resolution in opposi- tion to Assembly Bill 1246, as recommended by the City's Transportation Advisory Committee on October 9, 1975, on the motion of Councilman Brandt, seconded by Councilman Evans and carried (7-0) unani- mously. CA 57 CITY COUNCIL MINUTES 461 NOVEMBER 3, 1975 (7-0) unanimously. ~%~'REQUEST FOR IMPROVEMENT OF STREETS, LIGHTING, & TRAFFIC CONTROLS NEAR FITZ INTERMEDIATE SCHOOL EXONERATION OF FRANCHISE BOND The Southern California & ACCEPTANCE OF NEW FRANCHISE Edison Franchise Bond BOND #97097 issued by the Pacific Indemnity Com- pany and dated October 17, 1933, was exonerated and Franchise Bond #CF 7103701-113 issued by Commercial Union Insurance Company dated October 1, 1975, was accepted on the motion of Councilman Evans, seconded by Councilman Ward and carried CA 130.3 The request dated October 22, 1975, from Dorothy J. Pompeo, spokesperson for a group of parents of students of Fitz Intermediate School, for improvements in streets, lighting and traffic controls, was referred to Staff for investigation and report and the Staff was directed to investigate possibility for funding by Com- munity Development, on the motion of Councilman Evans, seconded by Councilman Ward and carried (7-0) unanimously. CA 29.4 CA 18.3 REPORT BY DIEHL, EVANS & CO. The report of Diehl, COMPREHENSIVE PLANNING ASSISTANCE Evans and Company on GRANT FINANCIAL STATEMENTS examination of the Comprehensive Plan- ning Assistance Grant financial statements for the period from July 17, 1974 to June 30, 1975, was received and filed on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously. CA 137.7 REMOVAL OF POLITICAL SIGNS - Council action on the Council Referral Item #207 removal of political signs was deferred pending the action of the United States Circuit Court of Appeals concerning the challenge of a City ordinance controlling political signs, on the motion of Councilman Evans, seconded by Councilman Bricken and carried (6-1) with Councilman Brandt dissenting. The motion also provided for the deletion of Item No. 207 from the Council Referral Summary. The action followed discussion of the report from the City Attorney dated October 28, 1975. CA 68 SANTA ANA RIVER FLOOD Continued support of PROTECTION PROJECT the Santa Ana River Flood Protection Pro- ject, and particularly Alternate 6, was approved, but with the expression of concerns for coordinated planning with Route 57 and the Greenbelt Program, and for the design alternatives to be developed for the improvement of Santiago Creek, on the motion of Council- man Evans, seconded by Councilman Ward, and carried (7-0) unanimously. Council action was based on a report from the A-74-89 Director of Public Works dated October 24, 1975. AGENDA REVIEW COMMITTEE The Agenda Review REPORT Committee Report was continued to a study session at 12:30 p.m. on December 8, 1975 and Staff was directed to invite the CA 29.10 CA 145.1 CITY COUNCIL MINUTES 462 NOVEMBER 3, 1975 Chairman of the Planning Commission, and any other Commission members who may wish to do so, to attend the meeting, on the motion of Councilman Ward, seconded by Councilman Evans, and carried (?-0) unanimously. CA 75.5 1976 SPECIAL CENSUS The report of the Planning Director dated October 29, 1975, setting forth the questions to be asked in the 1976 Special Census was re- ceived and filed on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously. POLICE AUTOMATED DOCUMENT STORAGE In accordance with AND RETRIEVAL SYSTEM CONSULTANT the oral request made SELECTION by the City Attorney, the matter of selec- tion of the consultant for the police automated document storage and retrieval system was deleted from the Council agenda, on the motion of Councilman Evans, seconded by Councilman Ward and carried (7-0) unanimously. CA 83 CA 47 PROPOSED FIREWORKS Acting on the report ORDINANCE from the City Attorney dated October 30, 1975, Staff was instructed to seek to have the State law amended to authorize local juris- dictions to regulate or prohibit sale of fireworks within their respective jurisdictions on the motion of Councilman Evans, seconded by Councilman Ward and carried (6-1) with Council- man Brandt dissenting. CA 64 LANDSCAPING AT HALL OF The payment of $2,200 RECORDS SITE from budgeted funds to the County of Orange for the City's share of the cost of landscaping the vacant areas along Civic Center Drive between Broadway and Sycamore was approved, on the motion of Councilman Ward, seconded by Councilman Yama- moto and carried (6-1) with Councilman Evans dissenting. Council's action was based on the report from the Director of Public Works, dated October 23, 1975. CA 77.18 SOUTHWEST SANTA ANA K-5 SCHOOL SITE The acquisition of SCHOOL/PARK CONCEPT - A.A. #46 - CITY a park site adjacent MANAGER'S REPORT (OCTOBER 29, 1975) to the Southwest Santa Ana K-5 School site was approved on the motion of Councilman Evans, seconded by Councilman Bricken and carried (7-0) unanimously. Appropriation Adjustment #46 transferring $156,000 from Project 8081 to Project 8016 for partial acquisition of the park site south of MacArthur Boulevard and west of Raitt Street was approved (5-2) on the motion of Councilman Evans, seconded by Councilman Bricken and dissented to by Councilmen Ward and Yamamoto. Both dissenting Councilmen favored use of Assess- ment and Development funds for the project. CA 52 CITY COUNCIL MINUTES 463 NOVEMBER 3, 1975 FEDERAL HIGHWAY SAFETY The report of the RESEARCH PROJECT Public Works Director dated October 2, 1975, on the Federal High- way Safety Reserach Project was received and filed on the unanimously (7-0) carried motion of Councilman Evans, sec°~e49.5 by Councilman Ward. STATUS OF AWARDS PROGRAM The report of Mayor John Garthe dated October 30, 1975 was received and filed and the following recommended appointments to the Awards Committee were approved, on the motion of Councilman Bricken, seconded by Councilman Yamamoto and carried (7-0) unanimously: Jim Cooper, KOCE TV - Chairman Sandi Mostey Coleman, The Register - Member Nathaniel Lamm, Human Relations Commission - Member Ed Colburn, American Red Cross Member Norwood "Woody" Williams, Santa Ana Police Department - Member Dick Arthur, Santa Ana Fire Department - Member Mayor Garthe stated that the Committee would submit its recommendations to the Council. CA 151.1 STATUS OF BIKE TRAIL PROGRAM The Status Report made STATE BICYCLE LANE FUNDS AGREE- by the Assistant Direc- MENT - A.A. #49 tor of Public Works dated October 28, 1975, on the Bike Trail Program was received and filed;the agreement between the City and the State of California for the alloca- tion of $30,000 of State Bicycle Lane Funds to the City was approved and the Mayor and Clerk authorized to execute the agreement; and Appropriation Adjustment #49 transferring $13,725 from Projects 8082 and 8102 to Project 8066 for the South Coast Bike Trail adjacent to Raitt Street was approved, on the motion of Councilman Evans, seconded by Councilman Ward and carried (7-0) unanimously. CA 18.6 ORAL COMMUNICATION TEMPORARY The recommendation of DELEGATE FROM PLANNING COMMISSION the Planning Commis- TO TRANSPORTATION ADVISORY COMMITTEE sion to appoint Jack O'Dell to replace Jean Ankrum as its delegate to the Transportation Advisory Committee during her absence in November and December was approved, on the motion of Councilman Evans, seconded by Councilman Ward, and carried (7-0) unanimously. CA 29.10a ORAL COMMUNICATION Councilman Evans ex- WARD BOUNDARIES pressed his displeasure with the motion on October 13 to table the proposed ward boundary changes until after the 1976 Special City Census. Councilman Ward suggested that they be considered again as soon as possible after the census. CA 108 CITY COUNCIL MINUTES 464 NOVEMBER 3, 1975 ORAL COMMUNICATION ORANGE COUNTY TRANSIT DISTRICT HEADQUARTERS in locating the District Headquarters Center, including: Staff was instructed to continue to pre- sent to the OCTD Board the advantages Building in the Civic (1) The savings in District manpower; The City's offer to defray the District's costs up to a maximum of $200,000 to recoup any loss incurred in re-doing the Architectural and En- gineering drawings; and (3) The long-range financial advantages in a Santa Ana location. The preceding motion was made by Councilman Evans, seconded by Councilman Ortiz and carried on the following roll call vote: AYES: Ortiz, Evans, Bricken, Garthe NOES: Brandt, Yamamoto ABSENT: None ABSTAINED: Ward Councilman Ward abstained due to a conflict of interest because his architectural firm has been awarded the contract to design tile headquarters facility. The motion followed an oral report by the Executive Director of the Redevelopment Agency, Richard Goblirsch, describing the alternatives available to the District for locating its headquarters in the City of Garden Grove vs. Santa Ana. He stated that the District had deferred its decision on the lo- cation site to its next meeting. CA 77.19 CA 112.2 ORAL COMMUNICATION On the recommendation OLD CITY HALL of Mayor John Garthe, a three-member committee of Councilmen was appointed to meet with the owners of the Old City Hall, Del Pueblo Management Co., to negotiate and discuss the options and to make recommendations to Council for action, the three members appointed being Mayor Garthe, Vice Mayor Evans, and Councilman Bricken, on the motion of Councilman Ward, seconded by Councilman Bricken and carried (7-0) unanimously. CA 135 A-73-10 ORAL COMMUNICATION RESOLUTION NO. 75-162, RESOLUTION NO. 75-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ~LNA ENDORSING THE CONSTRUCTION OF A PARKING GARAGE FACILITY WITHIN THE RE- DEVELOPbIENT PROJECT AREA AND THE APPLICATION FOR A FEDERAL GRANT THEREFOR BY THE REDEVELOPMENT AGENCY was adopted on the motion of Councilman Yamamoto, seconded by Councilman Ward and carried (6-1) with Councilman Evans dissenting. The Resolution was presented to the Council on the oral recommendation of the City Attorney. CA 82.4 CITY COUNCIL MINUTES 465 NOVEMBER 3, 1975 RECESS 4:03 P.M. At 3:50 P.M., the Mayor recessed the meeting; the meeting was reconvened at REQUEST FOR SUPPORT TO OBTAIN The request dated MATCHING FUNDS TO PURCHASE October 17, 1975, VANS FOR SENIOR CITIZENS from the Orange County Community Development Council, Inc. requesting support to obtain funds to match a capital grant from the California Department of Transportation to purchase vans to transport disabled and disadvantaged senior citizens to and from TLC (Transporta- tion, Lunches andCounseling) sites in Orange County was re- ferred to staff for investigation and report on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (7-0) unanimously. CA 140.6 ORAL COMMUNICATION The oral report of MRS. LEE OGOREK, CHAIRMAN Mrs. Lee Ogorek, CITIZENS OPPOSING PORNOGRAPHY Chairman of the Citizens Opposing Pornography, describing the picketing activities of the group at the Mitchell Brothers Theater location on 17th Street was received by the Council. The City Attorney stated that there is a case out of Detroit before the Supreme Court regarding prohibition of theaters of this type, as well as book stores, from operating in certain zones of the city which should be decided within the next few months that may present some fu- ture help to restrict this type of operation from residential or school areas. CA 149 CA 153.7 ORAL COMMUNICATION Responding to Council- NEW YORK CITY FINANCIAL man Bricken's written CRISIS request, dated October 29, 1975, that Council take a position regarding the New York City financial crisis, the Council, by unanimous informal consent, instructed the Mayor to communicate its deep concern to Congressman Jerry M. Patterson and to request that he take a "tough" position in encouraging fiscal responsibility by the City of New York. CA 8O.6 RECESS At 4:35 P.M., Mayor EXECUTIVE SESSION Garthe recessed the DINNER meeting to Executive Session for dis- cussion of legal and personnel matters; and at 5:15 P.M., reconvened the meeting to immediately adjourn for the dinner recess; the meeting was reconvened at 7:32 P.M. with the same Councilmen present. INVOCATION The Pledge of Allegiance PLEDGE OF ALLEGIANCE led by Boy Scout Troop #26, Mr. Frank Rocha, Assistant Master, was fol- lowed by the Invocation given by Reverend Lester E. Smith, of the First Congregational Church. CA 9.10 CA 80.17 CITY COUNCIl. MINUTES 466 NOVEMBER 3, 1975 PROCLAMATION - RADIO Mr. Gene (Spider) STATION KWIZ FOR MacLean of Radio "OPERATION SPEECH" Station KWIZ accepted the Mayor's proclama- tion issued for the station's invaluable support to the "Operating Speech" program which was a major contribution to its success. CA 46 REVENUE SHARING FUNDS Mr. Howard Serbin, SPURGEON PARK BALL FIELD representing Super- visor Robert Battin, presented to Mayor Garthe a check in the amount of $64,849.04, the County Revenue Sharing Funds pledged for the City's Spurgeon Park Ball Field. Mr. Serbin complimented the City and cited this successful project as a great example of the cooper- ation between the city, county and federal governments. CA l12A PUBLIC HEARING - NEGATIVE Mayor Garthe announced DECLARATION AND VARIANCE that this was the time APPLICATION NO. 75-52 and place for the public hearing of the Negative Declaration and Variance Application No. 75-52, to permit off-sale beer and wine sales in an existing retail dairy facility at 1814 West Edinger in the A1 District, applied for by James Lukens. He further stated that Council had set the matter for public hearing at its October 13 meeting. Mr. William Daugherty, Senior Planner, stated that the exist- ing dairy at 1814 West Edinger is 300' east of Raitt and is operating under an existing conditional use permit dating back to 1963 to operate the dairy sales facility; that there will be no change in the facility; that dairy products will constitute the primary sales items; and that the Planning Commission approved the Variance on September 22, 1975. Mr. James Lukens, applicant, stated that he had been in the dairy business for 40 years during which time he has opened and operated 8 drive-in dairies; that he is retiring and has sold this last dairy with the provision that the new owner will be allowed to sell beer and wine; that nearly all drive-in dairies in Southern California now sell beer; that the dairy products will be the major part of the total sales; and that there will be no change in the building structure; that beer is sold at his other 7 locations with no problems; and that he had received no unfavorable com- ments to the sales of beer at the dairy. Mr. Lukens filed his written comments with the City Clerk and reported that the Alcoholic Beverage Control Board had already issued a permit to sell beer and wine to the new owner. There being no further speakers, the Mayor closed the public hearing. During the Council on whether or not had been filed. discussion, staff was requested to report a protest to the issuance of the ABC Permit Council took up the next item on the Agenda while the research was underway. At the conclusion of the next public hearing, the Clerk of the Council reported that a protest had been authorized by the Council at its meeting of October 6. The City Attorney stated that he would report to Council on the status of the protest at the next meeting. CITY COUNCIL MINUTES 467 NOVEMBER 3, 1975 The Negative Declaration was approved and filed and the following Resolution No. 75-158 was adopted, on the motion of Councilman Brandt, seconded by Councilman Bricken and carried (4-3) with Councilmen Ward, Evans and Yamamoto dissenting: RESOLUTION NO. 75-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRM- ING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 75-52, APPROVING SAID VARIANCE APPLICATION FILED BY JAMES LUKENS. CA 13.3a PUBLIC HEARING - APPEAL NO. 358 Mayor Garthe announced EIR 74-6 - VARIANCE APPLICATION that this was the time 75-50 and place for the public hearing on Appeal No. 358, filed by Lee M. Kearney, President of Citizens for Fair Housing Association, opposing the Planning Commission approval of Variance Application 75-50 and its certification and adoption of Envirnmental Impact Report 74-6 as the City's Final Environmental Impact Report for the Lake Dianne Project (Variance 75-50). The purpose of the variance is to allow parking and portions of two-story apartment build- ings in the Ri District and two-story apartment buildings within 150' of property zoned Ri on Assessor's Parcel No. 62-371-1 located at Dianne and Fruit Streets. The variance application was filed by Parkcenter Corporation. Mr. William Daugherty, Senior Planner, stated that the subject property has a combination of zones; that it is zoned R4 with a 100-foot deep buffer strip abutting Fruit Street; that the EIR addressed itself to an apartment complex of 314 units with a proposed density of 25.8 units per acre. Mr. Daugherty stated further that Mrs. Kearney's written request to the Planning Commission for a continuance on the variance to allow her to further review the matter and to recover from an illness was denied by the Planning Commission at its October 14 meeting. Following Council discussion, Councilman Bricken moved to refer the EIR and VA 75-50 back to the Planning Commission for a re-hearing of the public testimony at a time when both the applicant and the people in the community can present their case and to authorize the return of the $125 appeal filing fee to the appellant. The motion was seconded by Councilman Ortiz, and unanimously (7-0) carried. Prior to the vote on the motion, Mr. Robert Davis, So. Brookhollow Drive, representing Parkcenter Corporation, stated that he did not object to the motion in view of Council's concern. CA 13.3 PUBLIC HEARING - NEGATIVE Mayor Garthe announced DECLARATION AND AMENDMENT that this was the time APPLICATION 730 and place for the public hearing of the Negative Declaration and Amendment Application 730 initiated by the Planning Commission to rezone property from Ri (Single Family Residence) District to the O (Open Space Land) District, and amending sectional district map 6-5-9; that the property is CITY COUNCIL MINUTES 468 NOVEMBER 3, 1975 on the east side of Grand Avenue, approximately half way between Santa Clara Avenue on the north and Seventeenth Street on the south, and bounded on the immediate south by Sierra Elementary School. Mr. William Daugherty, Senior Planner, stated that this request for zone change to O zone was part of a continuing process of establishing O zones relative to property owned by public agencies; that the subject property is owned by the Santa Ana Public School District and is contiguous to a school; that this parcel had been overlooked when the school property zone was changed; and that it is a field used by the Northeast Santa Ana Little League. Council received Planning Commission Resolution No. 6076 re- commending approval of the zone change. There being no speakers for or against the zone change, the Mayor closed the public hearing. The Negative Declaration was approved and filed and the following Ordinance NS-1283 was placed on first reading on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously: ORDINANCE NS-1283 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION #730 INITIATED BY THE PLANNING COMMISSION TO REZONE PROPERTY FROM THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT TO THE O (OPEN SPACE LAND) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 6-5-9. CA 10 PUBLIC HEARING UNDERGROUND Mayor Garthe announced UTILITY DISTRICT #9 - 17th STREET that this was the time BETWEEN FAIRVIEW & KING STREETS and place for the public hearing of Underground Utility District #9, Seventeenth Street between Fairview and King Streets. Mr. Ronald Wolford, Public Works Director, stated that this is another project undergrounding utilities within an area which is scheduled for widening in the near future; that the project will cost the utility companies $90,000; that of 14 parcels, 6 will require conversion of one or both utility services and will be affected with costs, the largest of which will be $2,243 to the Suburban Gas Service, Inc.; that the Santa Ana River bridge construction is scheduled for April, 1976 to be completed by October; that the undergrounding will be done during the widening which is scheduled between April and October, 1976. Mr. Basil Twist, of Towner Manufacturing cost to his company and learned that his affected by cost. Company, asked about company would not be Peter Capriotti, 12721 Gloria Street, Garden Grove, two parcels of property in the underground utility learned that he would have no cost. who owns district As there were no further speakers, Mayor Garthe closed the public hearing. CITY COUNCIL MINUTES 469 NOVEMBER 3, 1975 The following Resolution No. 75-160 was adopted on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried (7-0) unanimously: RESOLUTION NO. 75-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 9. CA 134 PUBLIC HEARING - UNDERGROUND UTILITY Mayor Garthe announced DISTRICT #12 - FLOWER ST. BETWEEN that this was the time CIVIC CENTER DR. & 17TH STREET and place for the public hearing of Underground Utility District No. 12, Flower Street between Civic Center Drive and Seventeenth Street. Mr. Ronald Wolford, Public Works Director, stated that this also is a project similar to the one just described which is in conjunction with a proposed widening project; that the cost to the utility companies will be about $84,000 and about $3,700 to the City for additional street lights planned for the widened street and $5,700 to the property owners to be required on 10 of the 83 parcels involved; that the costs to the affected owners range from $50 to $2,275. Letters of protest were received from Mr. William E. Estep, owner of 1025 No. Flower Street, and Mr. Harry S. Thompson, 263 Crescent Bay Drive, Laguna Beach, California. There were no further speakers and the Mayor closed the public hearing. The following Resolution No. 75-161 was adopted on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously: RESOLUTION NO. 75-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 12. CA 134 REQUEST TO PURCHASE CITY-OWNED The letter dated SURPLUS PROPERTY - SOUTHWEST CORNER October 28, 1975, from CENTRAL AVE. AND HALLADAY STREET Mary A. Shubin, Coordin- ator of the Delhi Organization, requesting that the property located at the southwest corner of Central Avenue and Halladay Street be deeded to the Delhi Organization for a fee of $10 was referred to Staff for investigation and report on the motion of Council- man Evans, seconded by Councilman Brandt and carried (7-0) unanimously. Mrs. Shubin was present at the Council meeting and agreed to the continuance of the matter for a Staff report. CA 45 PETITION TO REMOVE RAITT The letter received STREET BIKE LANE October 17, 1975, from Gilbert A. Sepeda with a petition attached containing 109 signatures requesting that the Raitt Street Bike Lane be removed, was referred to Staff for in- vestigation and report at its next meeting, on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously. CA 18.6 CITY COUNCIL MINUTES 470 NOVEMBER 3, 1975 ORAL COMMUNICATION Mr. Bruce Spragg, City UNDERGROUND UTILITY DISTRICTS Manager, told Council that since the cost to property owners in the underground utility districts is usually about 6% to 7% of the total cost, that he had written to the League of Cities to see if there would be any support among the cities to require the PUC to allow cities to pay that cost and learned that three years ago a survey indicated that 2/3 of the cities were notin favor, but that Santa Ana would go ahead with its own survey and come back to Council if there is enough support to pursue appropriate legislation. CA 134 ADJOURNMENT At 9:05 P.M., Mayor Garthe adjourned the meeting to 12:30 P.M. November 17, 1975, in Room 831, on the motion of Councilman Evans, seconded by Councilman Ortiz, and unanimously (7-0) carried. FLOP, EN¢I~ I. MALONI~ CLERK OF THE COUNCIL CITY COUNCIL MINUTES 471 NOVEMBER 3, 1975 CITY COUNCIL MINUTES 472