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Home My WebLink About11-17-1975MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 17, 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. FLORENCE I. MALONE FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 473 NOVEMBER 17, 1975 CITY COUNCIL MINUTES 474 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 17, 1975 The meeting was called to order at 2:10 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. Cow, 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 Councilman Yamamoto. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Items 2 B, 2 C and 12 B requested by Councilman Ward; Items 4 C and 4 D requested by Mayor Garthe; Items 4 A, 4 B and 4 E through 4 I requested by Councilman Ortiz; Items 7 A and 12 A requested by Councilman Bricken. On the unanimously carried (7-0) motion of Councilman Evans, seconded by Councilman Brandt, Council affirmed the recommended action on the following Consent Calendar Items: MINUTES Approved the following City Council minutes: Adjourned Regular Meeting - November 3, 1975 Regular Meeting - November 3, 1975 Removed the October 13, 1975 Minutes from Consent Calendar for discussion. BID CALLS ment for bids, on PROJECT 7068 - the following: Approved plans and specifications, and authOrized advertise- Paint Bowers Museum CA 89G BID AWARDS bidder: Awarded the following on basis of lowest responsible and best PROJECT 5028 = Sewer replacement in Fairhaven Avenue from Cambridge Street to 350 feet West; awarded to Mladen Buntich dba Mladen Buntich Construction Co., Sunland. CA 89E CITY COUNCIL MINUTES 475 NOVEMBER 17, 1975 CONSENT CALENDAR - Continued VARIANCES Fact on the following: Approved and filed the Negative Declara- tion and Finding of VA 75-57 SANTA ANA DEVELOPMENT ASSOCIATION Amendment to VA 72-92 to construct a single floor addition to an existing medical center at 1002 North Fairview in the R 1 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 October 28 through November 11, 1975, inclusive. CA 155 DEEDS, NO CASH GRANTOR, CITY Authorized execution of the following deed by Mayor and Clerk: MAHONEY, James E. and Shirley Mae - Alley north of Fourth, French to Mortimer due to alley vacation. CA 155 DEEDS WITH CASH & GRANTOR, CITY ESCROW Approved the follow- ing deeds, and authorized Mayor to sale: sign all necessary documents in connection with the REGO, Leisa - North side 17th Street east of Broadway - surplus sale at auction. CA 155 YUM YUM DONUT SHOPS, INC. Southwest corner of 17th Street and French Street - surplus sale at auction. CA 155 CARR, William P., BURTON, Marion O. and AUSTERO, Wayne J. - South side Civic Center Drive West, 250' east of Bristol surplus sale at auction. LEBANOFF, Maurice and E. Beard - Northeast cor- ner 1st & Baker - surplus sale at auction. LEBANOFF, Maurice and E. Beard - Northwest cor- ner 1st and Shelton - Surplus sale at auction. ADAMS, Clayton C. - Northeast corner 1st and Shelton - surplus sale at auction. CA 155 CA 155 CA 155 CA 155 TENTATIVE PARCEL MAPS .Approved and filed the Negative Declara- tions; approved the following Maps subject to conditions contained in Planning Director's report; waived alley requirement on Map #938: MAP #938 Filed on October 14, 1975 by Cabot, Cabot and Forbes, Orange County Properties, Inc., creating six (6) Mi parcels; all proposed parcels to be used for industrial purposes; generally located at the northeast corner of Harbor Boulevard and Segerstrom Avenue; CA 25 CITY COUNCIL MINUTES 476 NOVEMBER 17, 1975 CONSENT CALENDAR - Continued MAP #939 - Filed on October 17, 1975 by Dunn Properties creating eight (8) Mi parcels; all proposed parcels to be used for industrial pur- poses; generally located on the west side of Yale Street, 188 feet south of Fordham Avenue. CA 25 SURPLUS PROPERTY Approved the follow- ing Surplus Property Reports; authorized the Director of Public Works to proceed with auctions in accordance with the recommendations of each report: NO. 75-23 - Northwest corner of First & Raitt. CA 45 NO. 75-24 - North side of First between Town- send and Daisy. CA 45 NO. 75-25 - Northeast corner First & Daisy. CA 45 NO. 75-26 - Northeast corner First & Pacific. CA 45 NO. 75-27 - Northwest corner First & Hesperian. CA 45 NO. 75-28 - North side First between Raitt & Western. CA 45 NO. 75-29 NO. 75-30 NO. 75-31 - Northeast corner First & Forest. CA 45 - North side First - East of Bristol. CA 45 - Northwest corner First & Olive. CA 45 TRAFFIC installed October 28 inclusive. Received and filed ~Report of Control Devices removed or through November 10, 1975, CA 18.3a COUNCIL REFERRAL SUMMARY Received and filed Status Report of items referred to staff by Council from Clerk of the Council dated November 17, 1975. CA 80.2 PROCLAY~TIONS Mayor from October Received and filed Report of Proclama- tions issued by the 28 through November 11, 1975. CA 46 * * * * * * * ~ * CONSENT CALENDAR FINIS CITY COUNCIL MINUTES On motion of Councilman OCTOBER 13, 1975 Evans, seconded by SUBSTITUTION Councilman Ward, and carried unanimously (?-0), Council approved the Minutes of October 13, 1975 as submitted, subject to the following substitution for paragraphs 4 and 5 on page 445: CITY COUNCIL MINUTES 477 NOVEMBER 17, 1975 "Following Council discussion, the Attorney speaking for the applicant stipulated to amend the application to limit the number of nozzles to less than 20, with only one nozzle to be used for diesel fuel, to agree to an abandonment pro- vision to be worked out by the City staff, and to limit all gasoline sales to vehicles 6,000 pounds or less. "Appeal No. 357 was granted, and Variance Application 75~53 is approved when amended in writing by Applicant as afore- described, and the City Attorney was directed to prepare the appropriate resolution for Council adoption, on motion of Councilman Yamamoto, seconded by Councilman Brandt, and carried (5-1), with Mayor Garthe dissenting." CA 13.3 BID CALL Councilman Evans' PROJECT 6111 motion, seconded by CENTER STREET PARK Councilman Yamamoto, to approve plans and specifications, and authorize advertisement for bids on the following, carried (6-1), with Councilman Ward dissenting: PROJECT 6111 Construct Center Street Park (Phases II & III) CA 89H BID CALL Councilman Evans' PROJECT 6085 motions'to approve HARPER STREET PARK plans and specifica- tions, and authorize advertisement for bids on the following, was seconded by Councilman Yamamoto, and carried (6-1), with Councilman Ward dissenting: PROJECT 6085 - Construct Harper Street Park (Phase I) CA 89H ALCOHOLIC BEVERAGE Council instructed LICENSE APPLICATION the City Attorney to ANDRADE, ARTEAGA, FERNANDEZ prepare a letter of protest on the follow- ing Application in accordance with the report submitted, pending public hearing on December 8 , 1975, on motion of Councilman Evans, seconded by Councilman Ward, and carried ~6-1), with Councilman Brandt voting NO: ANDRADE, Jorge; ARTEAGA, Bulmaro & FERNANDEZ, Heliodoro 3622 West 5th Street ~ Person to Person Transfer Type "40" On Sale Beer. PROTEST Police. CA 146.1 ALCOHOLIC BEVERAGE The City Attorney was LICENSE APPLICATION instructed to prepare FREEMAN & ROSALES a letter of protest on the following Appli- cation in accordance with the report submitted, on motion of Councilman Brandt, seconded by Councilman Evans, and carried (6-1), with Councilman Ortiz dissenting: FREEMAN, Elba & ROSALES, Rufina - 409 West 4th Street - Original Type "42" On Sale Beer & Wine. PROTEST - Police. CA 146.1 CITY COUNCIL MINUTES 478 NOVEMBER 17, 1975 ALCOHOLIC BEVERAGE On motion of Council- LICENSE APPLICATIONS man Evans, seconded by Councilman 0rtiz, and carried (6-1), with Councilman Yamamoto dissenting, Council received and filed the following Applications: THE SOUTHLAND CORPORATION & NAWAZ, Shah - 2128 N. Tustin Avenue Person to Person Transfer Type "20" Off Sale Beer & Wine CA 146 BROWN, Florence - 316 North Harbor Boulevard - Person to Person Transfer - Type "40" On Sale Beer. CA 146 MONTVILLE, Gladys & MONTVILLE, Robert, Sr. 4202 West First Street Person to Person Transfer Type "42" On Sale Beer & Wine. CA 146 GUTIERREZ, Manuel J. & GUTIERREZ, Maria V. 3610-A West First Street Person to Person Transfer - Type "20" Off Sale Beer & Wine. CA 146 SALMERON, Antonio & SALMERON, Concha R. - 310 West Fourth Street - Person to Person Transfer - Type "40" On Sale Beer. KONG, Louis Lulund & KONG, Rosie K. 511 North Harbor Boulevard - Original Type "20" Off Sale Beer & Wine. CA 146 Within the foregoing motion, Council instructed the City Attorney to prepare a letter of protest on the following Application in accordance with the Report submitted: SALMERON, Antonio & SALMERON, Concha R. 310 West Fourth Street - Original - Type "41" On Sale Beer & Wine (Bona Fide Eating Place) PROTEST - Minor Exception (Present Minor Excep- tion applies to beer only). CA 146.1 TENTATIVE PARCEL MAP 937 Council approved and VARD NEWPORT filed the Negative SOUTH OF WARNER AVE. Declaration, approved the following Map subject to conditions contained in Planning Director's Report, including revised Condition #8 as set forth in the letter dated November 13, 1975 from Henry T. Segerstrom, and waived the alley requirement, on the unanimously carried motion (?-0) of Councilman Yamamoto, seconded by Councilman Bricken: MAP #937 - Filed on October 14, 1975 by Vard Newport creating two (2) M 1 parcels; all pro- posed parcels to be used for industrial pur- poses; generally located south of Warner Avenue, east of Harbor Boulevard. CA 25 AGREEMENT Council unanimously ORANGE COUNTY approved the follow- NARCOTIC INDEX ing agreements (7-0), on motion of Council- man Evans, seconded by Councilman Ward, and authorized their execution by the Mayor and Clerk: ORANGE COUNTY NARCOTIC INDEX - Between City and participating Cities of Anaheim, Brea, Buena Park, Cypress, Fountain Valley, Fullerton, Garden CITY COUNCIL MINUTES 479 NOVEMBER 17, 1975 Grove, Huntington Beach, Irvine, Laguna Beach, La Habra, La Palma, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, Seal Beach, Stanton, Tustin and Westminster (Costa Mesa and Orange County Sheriff's Department will sign agreement and participate) for third year renewal of funding agreements. A-75-88 AGREEMENT - WATER SYSTEM On the unanimously SANTA ANA VALLEY carried (7-0) motion IRRIGATION COMPANY of Councilman Evans, seconded by Council- man Ward, Council approved the following Agreement and authorized its execution by the Mayor and Clerk: CONVEYANCE OF SANTA ANA VALLEY IRRIGATION COMPANY WATER SYSTEM - Between City and Santa Aha Valley Irrigation Company conveying its water system facilities in the City of Santa Ana to the City. A-75-89 RECESS HOUSING AUTHORITY Council reconvened at 3:13 P.M. At 3:10 P.M. Council recessed to convene the regular meeting of the Housing Authority; with all Council members present. READING WAIVED On the unanimously carried (7-0) motion of Councilman Evans, seconded by Councilman Yamamoto, 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. ~ ORDINANCE NO. NS-1283 AMENDMENT APPLICATION #730 SECTIONAL DISTRICT MAP 6-5-9 (7-0) motion of Councilman Evans, Brandt: The following ordinance was placed on second reading and adopted, on the unanimously carried seconded by Councilman ORDINANCE NO. NS-1283 AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION #730 INITIATED BY THE PLANNING COMMISSION TO REZONE PROPERTY FROM THE R1 (SINGLE FAMILY RESIDENCE) DISTRICT TO THE O (OPEN SPACE LAND) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 6-5-9 (East of Grand Avenue approximately half way between Santa Clara Avenue and Seventeenth Street). CA 10 RESOLUTION NO. 75-163 OPPOSING ASSEMBLY BILL 1246 TRANSPORTATION DISTRICTS Evans, seconded by Councilman Ward: Council adopted the following resolution unanimously (7-0), on motion of Councilman RESOLUTION NO. 75-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING ASSEMBLY BILL 1246 (Opposing State mandated transportation districts). CA 57 CITY COUNCIL MINUTES 480 NOVEMBER 17, 1975 RESOLUTION NO. 75-164 The following resolution AHFP PROJECT NO. 744 was adopted; the Project FLOWER STREET PROJECT 1359 No. 744 Administration Agreement between City and the County of Orange was approved, and its execution by the Mayor and Clerk was authorized; Appropriation Adjustment No. 53 was approved, on the unanimously carried (7-0) motion of Council- man Evans, seconded by Councilman Ward: RESOLUTION NO. 75-164 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE COUNTY OF ORANGE TO ALLOCATE ADDITIONAL FUNDS FROM ITS ARTERIAL HIGHWAY FINANCING PROGRAM FUND FOR THE DEVELOPMENT OF FLOWER STREET FROM PINE STREET TO SANTA ANA BOULEVARD. CA 29.4a A-75-90 CA 65.3 RESOLUTION NO. 75-165 PARAMEDIC SERVICES FEES Evans, seconded by Councilman Brandt: Council adopted the following resolution unanimously (7-0), on motion of Councilman RESOLUTION NO. 75-165 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A FEE OF $50 (FIFTY DOLLARS) EFFECTIVE NOVEMBER 1, 1975, FOR EMERGENCY TRANSPORTATION OF PERSONS IN PARAMEDIC OR OTHER FIRE DEPARTMENT VEHICLES TO A HOSPITAL FOR M~DICAL CARE AND FOR EMERGENCY SER- VICES RENDERED TO PERSONS BY PARAMEDICS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SANTA ANA-TUSTIN COMMUNITY HOSPITAL TO BILL AND COLLECT SUCH FEE AT THE REQUEST OF THE FINANCE DIRECTOR FOR THE BENEFIT OF THE CITY OF SANTA ANA AT A CHARGE TO THE CITY OF SANTA ANA OF $3 (THREE DOLLARS) PER PATIENT TRANSPORTED; AND REPEALING RESOLUTION NO. 75-112. CA 64.2 CA 65B RESOLUTION NO. 75-166 A motion by Council- REVISED CLASSIFICATION man Ward, seconded SPECIFICATIONS by Mayor Garthe, to adopt the following Resolution No. 75-166, and to approve revised classifica- tion specifications for Water Meter Repairer and Water Meter Repair Supervisor, with the proviso that the term "Leader" or "Senior" to substituted for the word "Supervisor" in the latter classification specification title, failed to carry: RESOLUTION NO. 75-166 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 AND ACCOUNT #64-575 OF THE 1975-76 ANNUAL BUDGET TO CHANGE CERTAIN CLASS TITLES AND REALLOCATE CERTAIN BUDGET POSITIONS FOR THE ENHANCEMENT OF EQUAL OPPORTUNITY EMPLOYMENT AND ADVANCEMENT WITH THE CITY OF SANTA ANA The roll call vote was as follows: AYES: Ward, Garthe, Yamamoto NOES: Bricken, Ortiz, Evans, Brandt ABSENT: None CITY COUNCIL MINUTES 481 NOVEMBER 17, 1975 Prior to the vote on the motion, Council discussed the report of the Personnel Director dated November 11, 1975. Council- man Ward stated that he supported Affirmative Action designed to eliminate the implication of preference for one sex in the job titles. Councilmen Ward and Bricken stated their concern for the number of supervisory positions that have been es- tablished. City Manager Bruce Spragg and Public Works Director Ronald Wolford informed Council that the Classification Specifications revisions were being recommended to conform to the results of a study which identified actual work performed by the subject employees; to conform to federal law regarding sex discrimina- tion, and to provide job continuity for employees in the water meter shop by offering upward mobility. CA 50.1 AGENDA ORDER these matters had been set for times and 3:45 p.m. The Mayor asked for consideration of Items #50 and #49 on the Council Agenda as certain of 3:30 p.m. REQUEST FOR USE OF SPACE CORBIN After discussion of CENTER - RENT FREE FOR COMMUNITY the report of the Com- ALCOHOLISM SERVICES PROGRAM munity Relations Department dated November 12, 1975, and the oral request of Robert Hubbard, Executive Director of Community Participation Council, the request for free rental was denied and Staff was directed to negotiate further toward a resolution of space alloca- tion with all interested parties, on the motion of Council- man Ward, seconded by Councilman Yamamoto and carried (7-0) unanimously. An amendment to the main motion, made by Councilman Brandt and seconded by Councilman Bricken, to instruct Staff to defer space negotiations with the Community Participation Council pending receipt of all past due rental payments at the rate of $125 per month, failed to carry with Councilmen Garthe, Ward, Yamamoto and Evans dissenting. CA 131.6 "KNOW YOUR LEGAL RIGHTS" A maximum of $500 was BOOKLET; PORNOGRAPHIC THEATERS authorized to finance the City of Santa Ana's portion of a Council recommended County-wide publication of the "Know Your Legal Rights" pamphlet with the addition of information on housing, employment and transportation in the Samoan and Vietnamese languages, following the discussion of the recommendations contained in the report of the Human Relations Commission, dated November 11, 1975, and an oral report by Roy Uno, Vice Chairman, on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (5-2) with Councilmen Evans and Ortiz dissenting. Mr. Uno estimated that there are about 800 Samoan and about 500 Vietnamese in Santa Ana who would benefit from the publication. A representative of the Vietnamese refugees and a representative of the Pacific Asian American Center spoke in favor of the proposed publication. Councilman Ortiz suggested that it was premature to designate an amount of money for the project at this time, but that he would be CITY COUNCIL MINUTES 482 NOVEMBER 17, 1975 willing to authorize whatever is necessary to service Santa Ana citizens if there were sufficient County-wide interest in the publication. The Resolution of the Human Relations Commission in support of City Council Action Concerning Pornographic Theaters in the City of Santa Ana was received and filed on the motion of Councilman Ward, seconded by Councilman Evans and carried CA 131.1 (7-0) unanimously. CA 149 ORAL COMMUNICATION Mr. Ray Villa of RAY VILLA OF AMIGOS DE SER Amigos de Ser extended an invitation to all Councilmen to attend the 9th Annual Awards Banquet to be held December 5, 1975, at the Balboa Bay Club. CA 140.9 RECESS At 4:22 p.m. iMayor Garthe recessed the City Council meeting to convene a meeting of the Redevelopment Agency; the Council meeting was re- convened at 5:35 p.m. at which time it was immediately recessed for dinner and reconvened at 7:32 p.m. INVOCATION The Pledge of Allegiance PLEDGE OF ALLEGIANCE to the Flag led by Brownie Troop #736, Mary Bracky, Troop Leader, was followed by the Invocation given by Dr. Robert CA 9.10 R. Ball of the First Presbyterian Church. CA 80.17 PROCLAMATION - RADIO STATION Councilman Gordon KFOX FOR PUBLIC INFORMATION Bricken presented BROADCASTS a Proclamation to Mr. Darin Lane, Public Affairs Director of Radio Station KFOX, commending the station for its high level of news, entertainment, public service and information and, in particular, for its public information broadcasts designed to improve the understanding of the Police Department by the citizens of the City of Santa Ana. Mr. Lane accepted and stated that the station appre- ciated acknowledgement of its effort to publicize the great work the City is doing for the citizens. CA 46 SPECIAL PRESENTATION "SANTA ANA WINDS" Santa Ana's well-known youth band directed by Mr. Robert Ward. Mr. was organized in 1971, is made up The City Council and the audience were entertained with two band selections by "The Santa Ana Winds", Ward stated that the band of students between the ages of 14 and 22 from various high schools and colleges; that they have made numerous trips to appear in the United States as well as Europe and Canada; that they plan to make a trip back to Canada soon; and that they will appear on a Christmas television show on November 30th. The Council was delighted with this fine example of Santa Aha youth. CA 9.3 CITY COUNCIL MINUTES 483 NOVEMBER 17, 1975 PUBLIC HEARING - NEGATIVE Mayor Garthe announced DECLARATION AND AMENDMENT that this was the time APPLICATION NO. 732 and place for the public hearing of the Negative Declaration and Amendment Application No. 732 for a change of zone from LP, Ri, and R4 to R1-PRD and R4-PRD Districts for property located on the east side of Cabrillo Park Drive between Fruit Street and Wellington Avenue; and that the applicant was E. G. Warmington. William Daugherty, Senior Planner, stated that a 190-unit Planned Development cluster housing project is proposed for the subject property; that there is 100 feet of RI zoning adjacent to the project which should be changed to R1-PRD; that the proposed zone changes would allow the development as proposed and the 100 feet RI-PRD would act as a buffer along the existing single-family residential area; that the Negative Declaration was issued on the basis that the PRD suffix is essentially a more restrictive zone; and that the Planning Commission adopted Resolution No. 6077, ap- proving the Negative Declaration and the proposed zone change at its October 28, 1975 meeting. Applicant, Edward Warmington of 1752 Langley Avenue, Irvine, California stated that he accepted the conditions of the Planning Commission and Planning Department. Mrs. Lee Kearney, 901 Mirasol Street, appeared for Citizens for Fair Zoning to oppose the Negative Declaration. She stated that her group approves the project, but that since this is part of a 175-acre project, an EIR should have been prepared to show the overall environmental effect; that because single family homes are replacing scheduled adult apartments, there will be an effect on schools and traffic conditions. There being no further speakers, Mayor Garthe closed the public hearing. Councilman Ward noted that the planned development conforms to the General Plan. Mr. Daugherty, Senior Planner, stated that prior to issuing a Negative Declaration, it is necessary to find that all public utilities, as well as streets, are adequate for the development; that the original EIR was submitted in 1972 which did discuss the impact of all development in the 175 acres. On the motion of Councilman Ward, seconded by Councilman Yamamoto, the Negative Declaration was approved and filed by unanimous vote (7-0). The following Ordinance NS-1285 was placed on first reading on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (7-0) unanimously. ORDINANCE NS-1285 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 732 FILED BY E. G. WARMINGTON, REZONING PROPERTY FROM THE Ri, R4 AND LP DISTRICTS TO THE R1-PRD AND R4-PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICTS, AND AMENDING SECTIONAL DISTRICT MAP 8-5-9. CA 10 CITY COUNCIL MINUTES 484 NOVEMBER 17, 1975 PUBLIC HEARING - NEGATIVE Mayor Garthe announced DECLARATION AND AMENDMENT that this was the time APPLICATION NO. 733 and place for the public hearing of the Negative Declaration and Amendment Application No. 733 to rezone the south side of Kent Street between Harbor Boulevard and Elliott Place for single-family residences from A1 (General Agricul- tural) to Ri (Single Family Residence); and that the applicant was Helen A. Barsumian. William Daugherty, Senior Planner, stated that a tract map has been filed for a single-family subdivision of seventy-six 6000 square-foot parcels on the property; that if it remains A1 the keeping of certain types of agricultural animals and other activities would be permitted; that the applicant wishes to protect the Ri nature of the development; and that the Plan- ning Commission approved the Negative Declaration and the proposed rezoning by adopting Resolution No. 6078 at its meeting of October 28, 1975. Mr. Harvey A. Berger, representing the applicant, was present in order to answer any questions the Councilmen might have. As there were no other speakers, Mayor Garthe closed the public hearing. On the motion of Councilman Brandt, seconded by Councilman Yamamoto, the Negative Declaration was approved and filed unanimously (7-0). The following Ordinance NS-1284 was placed on first reading on the motion of Councilman Brandt, seconded by Councilman Yamamoto and carried (7-0) unanimously: ORDINANCE NS-1284 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 733 FILED BY HELEN A. BARSUMIAN TO REZONE PROPERTY FROM THE A1 (GENERAL AGRICULTURAL) DISTRICT TO THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 16-5-10. CA 10 PUBLIC HEARING - DETERMINATION Mayor Garthe announced OF EXEMPTION - MINOR EXCEPTION that this was the time 75-29 - HOPE VIEIRA and place for the public hearing of the Deter- mination of Exemption and Minor Exception 75-29 filed by Hope Vieira to allow on-sale liquor in a restaurant within 300 feet of property used for residential purposes at 2323 West First Street in the MI District; that the matter had been set for public hearing on November 3, 1975 by the City Council. William Daugherty, Senior Planner, stated that the original application submitted was for beer and wine; that the Zoning Administrator in processing the application included the statement "on-sale liquor", encompassing all liquor sale; that the Zoning Administrator's conditioned approval pro- vided that the establishment, which used to be Big John's Restaurant, remain a bona-fide restaurant; that there is no bar and no entertainment proposed; and that the applicant has indicated his willingness to limit the application to beer and wine sales only. There were no speakers to the subject application and Mayor Garthe closed the public hearing. CITY COUNCIL ~4INUTES 485 NOVEMBER 17, 1975 The motion made by Councilman Yamamoto and seconded by Councilman Brandt to adopt the following Resolution No. 75-168 reversing the action of the Zoning Administrator, was defeated on a 3-4 vote with Mayor Garthe, and Councilmen Ward, Ortiz and Brandt dissenting: RESOLUTION NO. 75-168 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVERSING THE ACTION OF THE ZONING ADMINISTRATOR ON MINOR EX- CEPTION PERMIT APPLICATION NO. EX 75-28, DENYING SAID MINOR EXCEPTION PERMIT APPLICATION FILED BY HOPE VIEIRA. A subsequent motion by Councilman Ward, and seconded by Councilman Ortiz to approve and file the Determination of Exemption and to adopt the following Resolution No. 75-168 with the condition added that sale of alcoholic beverages be limited to beer and wine was carried (4-3) with Council- men Evans, Yamamoto and Bricken dissenting: RESOLUTION NO. 75-168 - 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. EX 75-29, APPROVING SAID MINOR EXCEPTION PERMIT APPLICATION FILED BY HOPE VIEIRA. CA 13.5 APPEAL HEARING - TAXICAB Mayor Garthe announced OPERATOR'S PERMIT that this was the time THOMAS L. FIELDER and place for the hearing of the appeal of Thomas L. Fielder of the denial of renewal of his taxi- cab operator's permit. Police Chief Davis stated that the Santa Ana Municipal Code requires the Police Chief to deny taxicab operator's permits to persons with certain driving violations; that Mr. Fielder had been convicted of driving while intoxicated after the original issuance of a taxicab driver's permit; that when his permit came up for renewal, this violation appeared on his record and the renewal was denied. Mayor Garthe invited proponents and opponents to address the Council. There was no response, and the Mayor closed the public hearing. The decision of the Police Chief was upheld and the appeal of Thomas L. Fielder denied on the motion of Councilman Brandt, seconded by Councilman Evans and unanimously (7-0) carried. CA 26.3 APPEAL HEARING - TAXICAB Mayor Garthe announced OPERATOR'S PERMIT that this was the time DENNIE M. STERNIN and place for the hearing of the appeal of Dennie M. Sternin of the revocation of his permit to operate a taxicab in the City of Santa Ana. Police Chief Davis stated that Section 38.22 of the Municipal Code provides that no driver's permit shall be issued if the CITY COUNCIL MINUTES 486 NOVEMBER 17, 1975 applicant's driving record indicates five moving violations during the two years preceding his application; that the appellant listed only 3 violations on his application; that since May 17, 1975 the appellant has had six moving viola- tions, the most recent one being August 26, 1975; and that consequently appellant's application for a taxi driver's permit was denied. Mayor Garthe invited proponents and opponents to address the Council, but there was no response. Mayor Garthe then closed the hearing. The decision of the Police Chief was upheld and the appeal of Dennie M. Sternin denied on the motion of Councilman Brandt, seconded by Councilman Yamamoto and carried (7-0) unanimously. CA 26.3 PETITION FOR REMOVAL OF Staff was directed RAITT STREET BIKE LANE - to prepare a Resolution Council Referral Item #220 amending Resolution No. 74-95 to restrict parking only between the hours of 7:30 a.m. and 5:00 p.m., except Saturdays, Sundays and Holidays; to delete Council Referral Item #220 on the motion of Councilman Brandt, seconded by Councilman Ward and carried (6-1) with Council- man Yamamoto dissenting, after considering the report of the Public Works Director Ronald E. Wolford dated November 11, 1975. Gilbert Sepeda, 1012 North Raitt, stated that the petitioners were not against the bike lane, but were concerned about the parking restriction from 7:00 a.m. to 7:00 p.m.i that they would be in favor of retaining the bike lane if the parking restrictions were changed; and that they felt they could live with the hours recommended in the Staff report. Othersspeaking in favor of the revised parking restriction Armondo Aguinaga, 802 North Raitt Joyce Nunez, 801 North Raitt Rose Marie Nunez, 801 North Raitt Jorge Sanchez, 904 North Raitt CA 18.6 RECESS at 9:20 p.m. with the same Councilmen At 9:12 p.m. Mayor Garthe recessed the Council meeting and it was reconvened present. RESOLUTION 75-167 - ACCEPTANCE Council unanimously OF DEDICATION - LOT "A", TRACT (7-0) adopted the 2S19, COUNTY OF ORANGE following resolution on the motion of Councilman Evans, seconded by Councilman Yamamoto in accordance with the recommendation in the report from the CITY COUNCIL MINUTES 487 NOVEMBER 17, 1975 Director of Public Works, dated November 11, 1975: RESOLUTION NO. 75-167 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE OFFER OF DEDICATION OF LOT "A", TRACT 2519, COUNTY OF ORANGE. REQUESTS FOR SUPPORT OF Staff was authorized ICC AS MINI-COG to monitor ICC ac- tivities and to keep the Council informed of its programs on the motion of Councilman Ward, seconded by Councilman Brandt, and carried (7-0) unanimously, in response to the letters from the Cities of Garden Grove and Orange requesting support for ICC as mini-cog. CA 112.13 REQUEST TO DESIGNATE BIRCH The letter dated PARK A POINT OF HISTORICAL November 5, 1975 INTEREST from the Executive Secretary of Let's Improve Santa Ana, requesting City approval of such a designation for Birch Park was referred to Staff for in- vestigation and report on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously. 52__ CA 9 REQUEST FOR APPROVAL OF MAXIMUM RATE INCREASE CENTER PARKING LOT CIVIC After discussion of the report of the Public Works Director Ren Wolford dated November 11, 1975, Council approved the recommendation of the Civic Center Commission to increase the maximum daily rate from $1.25 to $2.00 for the Civic Center Parking Lot on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried 4-3 with Councilmen Brandt, Evans and Ortiz dissenting. The Council consensus was that a much more vigorous program recommendation from the Civic Center Commission, including incentives to encourage employee park- ing west of the Municipal Bowl, is needed to solve the Civic Center parking problem. CA 77.5 PETITION FOR ASSESSMENT DISTRICT The petition for NO. 240 SILVER ACRES AREA Assessment District COMMUNITY BLOCK GRANT PROGRAM No. 240 Silver Acres for street improvements for an area bounded roughly by First Street on the south, Roosevelt on the north, Euclid on the east and Cooper on the west, was accepted and Staff was authorized to proceed with negotiations for engaging an engineering firm for the design of the planned improvements and special counsel to provide procedural and legal guidance throughout the many actions and hearings required for tho assessment district process as recommended in the report of the Public Works Director Ron Wolford dated November 11, 1975, on the motion of Councilman Evans, seconded by Councilman YamamotOCA 90 and carried (7-0) unanimously. REQUEST FOR CROSSING GUARD - The report of the SANTA CLARA & FLOWER - Public Works Director Council Referral Item #210 dated November 11, 1975 was received and filed and Council Referral Item #210 was deleted on the motion of CITY COUNCIL MINUTES 488 NOVEMBER 17, 1975 Councilman Brandt, seconded by Councilman Evans and carried (7-0) unanimously. The intersection failed to meet the pedestrian warrants established in the Municipal Code. CA 18.5 ANNUAL REVIEW OF CUP 73-13 After discussion of HARLEQUIN PLAYHOUSE the report of the Planning Director, dated November 11, 1975, Staff was directed to discontinue annual reviews of the Conditional Use Permit 73-13 Harlequin Playhouse until such time as a business license is requested for the subject property for a dinner playhouse, on the motion of Councilman Yamamoto, seconded by Councilman Bricken and carried (6-0) with Councilman Ward abstaining because of a financial interest in the Playhouse. CA 13.1 PROTEST OF ABC The Staff was directed LICENSE APPLICATIONS to revise administra- tive procedures for lodging protests of ABC applications in accordance with the recommendation of the City Attorney in his report to Council dated November 11, 1975, on the motion of Councilman Bricken, seconded by Councilman Ward and carried (6-1) with Councilman Evans dissenting. CA 146 STREET LIGHTING IMPROVEMENT The report of the Public PROGRAM - Council Referral Works Director dated Item #165 November 12, 1975, Report on the Improve- ment of Street Lighting in Santa Ana, was continued to January 5, 1976 on the motion of Councilman Brandt, seconded by Councilman Evans and carried (7-0) unanimously. CA 29.3 4TH ANNUAL "CALIFORNIA BANDS The Staff approved REVIEW" IN SANTA ANA, application for a FRIDAY, NOVEMBER 28, 1975 special license to use public property for the California Bands Review on November 28, 1975, and the City Manager's report dated November 6, 1975, were received and filed on the motion of Councilman Ward, seconded by Councilman Brandt and carried (7-0) unani- mously. CA 45.1 REQUEST FOR STREET IMPROVEMENTS The report of the FITZ INTERMEDIATE SCHOOL Public Works Director, Council Referral Item #217 dated November 11, 1975, in response to a citizens' request for improvements in the vicinity of Fitz Intermediate School, was received and filed insofar as the subjects of signals and street lights; Staff was directed to proceed with a formal survey of the residents of Newhope Street between Edinger and McFadden Avenues for the acceptability of removal of parking for a bike lane to serve Newhope and Fitz Intermediate Schools; Council Re- ferral Item #217 was deleted on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (7-0) unanimously. CA 29.4 CITY COUNCIL MINUTES 489 NOVEMBER 17, 1975 REQUEST BY DELHI ORGANIZATION TO Consideration of the PURCHASE PARCEL OF CITY PROPERTY request by the Delhi Council Referral Item #219 Organization to pur- chase a parcel of City property located at the southwest corner of Central Avenue and Nalladay Street, for the price of $10.00, was continued to December 8, 1975, at 7:30 p.m. at the request of the Delhi Organization, and Council Referral Item #219 was deleted on the motion of Councilman Brandt, seconded by Councilman Yamamoto and carried (7-0) unanimously. CA 45 REQUEST FOR ASSISTANCE & SUPPORT After consideration MATCHING FUNDS FOR 10 VANS of the report dated Council Referral Item #218 November 11, 1975 by Assistant to the City Manager, Manuel Rede, Council endorsed the effort of the Community Development Council to provide transportation for disabled and disadvantaged Senior Citizens to needed services within the City; directed Staff to continue working with the Community Development Council staff in its attempt to secure necessary funding for the project and deleted Council Referral Item #218 on the motion of Councilman Ward, seconded by Councilman Brandt, and carried (7-0) unanimously. CA 140.6 RECONSIDERATION OF VA 75-46 The report of the GEORGE GEORGIEFF - 602 WEST Planning Commission EDINGER dated November 11, 1975, recommending reconsideration and approval of Variance 75-46, including its Negative Declaration, subject to original and additional conditions imposed and the revised site plans submitted by applicant, was approved and filed on the motion of Council- man Ward, seconded by Councilman Ortiz and carried (4-3) with Councilmen Brandt, Evans and Mayor Garthe dissenting. CA 13 APPROPRIATION ADJUSTMENT #50 Appropriation Adjust- TRANSPORTATION CONSULTANT ment #S0 was approved transferring $4,000 from Council Contin- gency to Public Works Administration and Engineering for the services of transportation consultant, Gordon Fielding, on the motion of Councilman Ward, seconded by Councilman Brandt and carried (6-1) with Councilman Evans dissenting. CA 65.3 APPROPRIATION ADJUSTMENT #52 FAIRHAVEN SEWER PROJECT 3028 transferring $2,700 from Miscellaneous Property acquisition to Project 3028, Fairhaven Sewer, to provide funds for higher than originally anticipated con- tract bid price and engineering field inspection and sur- vey costs on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7-0) unanimously. Appropriation Adjust- ment #52 was approved CA 65.3 CITY COUNCIL MINUTES 490 NOVEMBER 17, 1975 APPROPRIATION ADJUSTMENT #54 Appropriation Adjust- REVISION OF 1975-76 CITY BUDGET ment #54 was approved ADDING SECTION 8 HOUSING FUNDS establishing a 21-month budget in the amount of $432,500 for the operation of leased housing program under the U.S. Housing Act of 1937, as amended, from Anticipated Revenue, and the revision of the 1975-76 City budget was auth- orized on the motion of Councilman Yamamoto, seconded by Councilman Bricken and carried (5-2) with Councilmen Brandt CA and Evans dissenting. CA 65.3 65B RESOLUTION NO. 75-169 On the unanimously COMMENDING VIRGINIA HILL (7-0) carried motion of Councilman Evans, seconded by Council- man Brandt, the following Resolution was adopted: RESOLUTION NO. 75-169 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ANA COMMENDING VIRGINIA HILL UPON HER RETIREMENT CITY CA 73A BOARD OF RECREATION & PARKS The letter of resig- RESIGNATION OF RUDOLPH FRANCIS nation dated November 13, 1975, from Board of Recreation & Parks member Rudolph Francis was received and filed and Staff was directed to prepare an appropriate acknowledgment of his ser- vice on the motion of Councilman Bricken, seconded by Council- man Yamamoto and carried (7-0) unanimously. CA 52.2 BOARD AND COMMISSION APPOINTMENTS The following appoint- ments to Boards and Commissions were made: On the unanimously carried (7-0) motion of Councilman Yamamoto, seconded by Councilman Bricken, Rudolph Francis was appointed to the Santa Ana Human Relations Commission, to fill the un- expired term of Doy Henley, for a term ending June 30, 1977. On the unanimously carried (7-0) motion of Councilman Ward, seconded by Councilman Evans, Reuben Hernandez was appointed to the Board of Recreation and Parks to fill the unexpired term of Carl Schwarz, for a term ending June 30, 1978. CA 131.1 CA 52.2 Michael Madzoeff was appointed to the Redevelopment Project Area Committee for a term ending June 30, 1976. CA 82.3 COUNCILMAN DAVID F. ORTIZ Councilman David F. MAYOR PRO TEM FOR MEXICO TRIP Ortiz was unanimously (7-0) designated Mayor Pro Tem to represent the City of Santa Ana during his upcoming trip to Mexico, on the motion of Councilman Evans and seconded by Council- man Brandt. CA 8O OLD CITY HALL SALES AGREEMENT By unanimous informal MODIFICATION consent, the City Attorney was directed to prepare a modification to the Old City Hall Sales Agreement as recommended in the November 14 report from the Assistant City Attorney. A-73-10 CITY COUNCIL MINUTES 491 NOVEMBER 17, 1975 ORAL COMMUNICATION Mr. Douglas Dyer, SANTA ANA SCHOOL DISTRICT Career Education OFFER TO PURCHASE FIRE ENGINE Department for the Santa Ana School Dis- trict, informed Council that the Santa Ana School District would like to make an offer to purchase one of the two fire engines the City plans to dispose of, and in particular, the 1943 750-gallon pumper, for use in teaching fire science in the Santa Ana schools. On the motion of Councilman Ward, seconded by Councilman Brandt, and carried unanimously, the request was referred to Staff for report and recommendation regarding its feasi- bility. CA 45 ADJOURNMENT informal consent of the Council. At 10:30 p.m., Mayor Garthe adjourned the Council meeting with the unanimous FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 492 NOVEMBER 17, 1975