HomeMy WebLinkAbout01-19-1976MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
January 19, 1976
The meeting, scheduled for 12:30 P.M., was called to order
at 12:40 P.M., in Room 831, City Hall, 20 Civic Center Plaza,
by Mayor John Garthe. The Clerk of the Council reported that
proper Notice had been mailed and posted, with affidavits on
file. The following Councilmen were present: Gordon Bricken,
David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L.
Brandt, James E. Ward, and Mayor John Garthe. Also present
were City Manager Bruce C. Spragg, City Attorney Keith L.
Gow, "Register" Reporter Lynn O'Delt, and Clerk of the Council
Florence I. Malone.
PROPOSED MANAGEMENT The City Manager
REORGANIZATION summarized the status
of the management
reorganization re-
commended by the A. D. Little, Inc. consultant's report
which proposed a City Management Team consisting of the
Manager, Assistant Manager and four Deputy City Managers.
Mr. Spragg had also provided Council with a written report
dated January 8, 1976, including reorganizational plans 1
and 2. He stated that the annual cost of either proposal
recommended would be approximately $34,000; that the Council
and the City would be better served by an organization of
Deputy Managers who would improve response time as well as
reduce Council frustration and workload. CA 79.6
EXECUTIVE SESSION At 1:15 P.M., Council
recessed for an
Executive Session
to consider Personnel
matters regarding appointments to the positions proposed in
the reorganization plan. Council reconvened at 2:00 P.M.,
with the same Councilmen present.
ADJOURNMENT
Mayor Garthe adjourned
the meeting at 2:00 P.M.
FLORENCE I. MALONE
FLORENCE I. MALONE'
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES 21 JANUARY 19, 1976
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
January 19, 1976
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. Gow,
Assistant Director of Public Works John Stevens, Director of
Planning Charles C. Zimmerman, Police Chief Raymond C. Davis,
and Clerk of the Council Florence I. Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge of
Allegiance to the Flag,
the Invocation was given
by Councilman Evans.
RECESS At 2:12 P.M. Council
COMMUNITY REDEVELOPMENT AGENCY recessed to convene the
Adjourned Regular Meet-
ing of the Community
Redevelopment Agency; Council reconvened at 2:15 P.M. with
all Council members present.
PUBLIC HEARING The Mayor opened the
SANTA ANA TOWERS SITE Public Hearing on the
RES. 76-10 ADOPTED proposed sale by the
Community Redevelopment
Agency to National Housing Consultants, Inc. of that portion
of the Santa Ana Towers Site acquired from the Redevelopment
Revolving Fund for construction of 200 residential units for
senior citizens, located north of First Street, south of
Second Street, between Ross and Birch Streets, which had been
continued from the Regular Meeting of January 5, 1976.
There were no proponents or opponents; the Clerk reported
there were no written communications; there was no Staff oral
presentation, but Council's Agenda included a written report
from the City Manager, dated January 12, 1976, on the status
of the senior housing development. The Mayor closed the
Public Hearing.
Councilman Ward's motion, seconded by Councilman Yamamoto, to
waive full reading of Resolution 76-10, and consider by title
only, carried unanimously (7:0).
Council adopted the following resolution unanimously (7:0),
on motion of Councilman Ward, seconded by Councilman Bricken:
RESOLUTION NO. 76-10 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SALE
OF THE SANTA ANA TOWERS SITE BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TO
NATIONAL HOUSING CONSULTANTS INC., FINDING THAT THE
$160,000 SALES PRICE OF SAID SITE IS NOT LESS THAN
CITY COUNCIL MINUTES 23 JANUARY 19, 1976
ITS FAIR VALUE, DECLARING THOSE PARCELS COMPRISING
THE SITE PREVIOUSLY CONVEYED BY THE CITY OF SANTA
ANA TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF SANTA ANA TO BE SURPLUS PROPERTY AND RATIFYING THE
CONVEYANCE OF TITLE OF SAID PREVIOUSLY CONVEYED
PARCELS FOR AN AMOUNT TO BE DETERMINED BY THE CITY
AND THE COMMUNITY REDEVELOPMENT AGENCY REPAYABLE BY
THE COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO %TS
MARCH 12, 1973 AGREEMENT WITH THE CITY. CA 137.8
RECESS At 2:16 P.M. Council
HOUSING AUTHORITY recessed to convene
COMMUNITY REDEVELOPMENT AGENCY the Regular Meeting
of the Housing
Authority; Council reconvened at 2:26 P.M. and immediately
recessed to reconvene the Community Redevelopment Agency.
At 2:36 P.M. Council reconvened, and the Mayor declared
a ten minute recess; Council again reconvened at 2:47 P.M.
with all members present.
CONSENT CALENDAR The following items
ITEMS REMOVED & were removed from
DISSENTING VOTES the Consent Calendar:
Item 5 C requested
by Councilman Brandt; Items 3 A and 5 A requested by
Mayor Garthe. The following Councilmen registered NO votes:
Councilman Evans on item 10; Councilman Yamamoto on 4 B, C,
D, and E.
CONSENT CALENDAR On the unanimously
STAFF RECOMMENDATIONS carried (7:0) motion
APPROVED of Councilman Evans,
seconded by Council-
man Ward, Council affirmed the recommended action on the
following Consent Calendar items:
MINUTES Approved the Minutes
of the Adjourned
Regular Meetings of
December 15, 1975 and January 5, 1976, and the
Minutes of the Regular Meetings of December 15,
1975 and January 5, 1976.
BID CALLS Authorized the Com-
munity Redevelopment
Agency to approve the
plans and specifications and advertise for bids
on the following:
PROJECT 7040A - Construct sanitary sewer
in Birch Street between Second Street and
First Street, and
PROJECT 7040B - Remove Second Street be-
tween Ross Street and Birch Street.
Approved plans and specifications, and author-
ized advertisement for bids on the following:
SPEC. 76-005 - Traffic Signal controller at
the intersection of Bristol and MacArthur
(replacement).
CA 89
CITY COUNCIL MINUTES 24 JANUARY 19, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
BID AWARDS
bidder:
Awarded the following
on the basis of lowest
responsible and best
PROJECT ?030 - Drilling and construct-
ing water wells number 2? and 28;
awarded to McCalla Brothers, Santa Ana.
CA 89
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed
Staff report of the
following Applications:
HARB, Riyad B. - 619 West McFadden
Avenue - Original - Type "21" Off Sale
General.
MADRIGAL, Maria 312 East Fourth
Street ~ Person to Person Transfer -
Type "40" On Sale Beer. (Councilman
Yamamoto registered a NO vote.)
NEWT'S - 101 South Harbor Boulevard
Original - Type "40" On Sale Beer.
(Councilman Yamamoto registered a NO vote.)
VIEL, Guy 718 East Fourth Street -
Original - Type "40" On Sale Beer.
(Councilman Yamamoto registered a NO vote.)
VORPAGEL, Jean & Richard B. 1638 South
Standard Street - Dropping Partner -
Type "48" On Sale General (Public Premises).
(Councilman Yamamoto registered a NO vote.)
CONDITIONAL USE PERMIT
on the following:
Approved and filed
Negative Declaration
and Finding of Fact
NEGATIVE DECLARATION AND CUP 75-20 -
Filed by Mercury Savings & Loan to
construct a single family residential
condominium project at 1045 North
Cabrillo Park Drive and to allow the
sale of condominium units and lots in
conformance with the R1-PRD and R4-PRD
Districts. APPROVED.
TENTATIVE PARCEL MAPS Approved and filed
Negative Declaration
and approved the
following map subject to conditions contained
in Planning Director's Report:
MAP NO. 947 Filed on December 12, 1975,
by Baker-Miller and Associates creating
two LM parcels; all proposed parcels to
be used for industrial purposes; generally
located at the southwest corner of Carnegie
Avenue and Daimler Street.
CA 146
CA 13.1
CA 25
CITY COUNCIL MINUTES
25
JANUARY 19, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
TENTATIVE TRACT MAPS Approved and filed
Negative Declarations
and approved~the
following Maps subject to conditions contained
in Planning Director's Reports:
MAP NO. 9150 - Filed on December 11, 1975,
by James E. and Leola J. Noe, Dwight C. and
Iris B. Schroeder, and Lowell K. and Betty G.
Schroeder, creating fourteen lots; all pro-
posed lots to be used for single family
residences; generally located on the west
side of Old Grand Street, approximately 620
feet north of Santa Clara Avenue.
MAP NO. 9151 - Filed on December 11, 1975,
by Fred C. Fluor, creating eighteen A1 lots;
all proposed lots to be used for single
family residences; generally located between
Cherry Street and Beechwood Street on the east
side of Old Grand Street.
COMPLETION OF Authorized release of
IMPROVEMENTS performance, monument
labor and material bonds
on the following Tract Map:
MAP NO. 7711 - Wakeham Place and Seabreeze.
CHANGE ORDER
Approved the following
Change Order:
PROJECT 7036 (8095) Renovation of Fire
Station at 521 North Figueroa Street for
Santa Anita Community Center - Change
Order #2, increasing the cost by $85.00
for prime coat of paint on woodwork and
new plumbing fittings. (Councilman Evans
registered a NO vote.)
AGREEMENTS
by the Mayor
and Clerk:
Approved the following
Agreements and author-
ized their execution
OUTDOOR BILLBOARD PURCHASE AND REMOVAL
Between City and Pacific Outdoor Advertis-
ing Company to remove two roof top poster
panels and leasehold interest in the real
property at 818 West 17th Street.
LEGAL SERVICES Between City and James
J. Clancy to assist the City in anticipated
litigation from Ordinance NS-1287 pertain-
ing to "lewd" films.
INTERNATIONAL WOMEN'S PROFESSIONAL SOFT-
BALL Between City and Ed Goldstein for
use of the Santa Ana Stadium to hold Santa
Ana Lionette softball games.
CA 24
CA 24
CA 89
A=76-6
A-76-7
A-76-8
CITY COUNCIL MINUTES
26 JANUARY 19, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
TRAFFIC
installed December 29,
1976, inclusive.
Received and filed
Report of control
devices removed or
1975 through January 13,
COUNCIL REFERRAL Received and filed
SUMMARY status Report from
Clerk of the Council
regarding items referred to Staff by Council.
PROCLAMATIONS
from December
30,
Received and filed
Report of proclamations
issued by the Mayor
1975 to January 13, 1976.
CA 18.3a
CA 80.2
CA 46
* * ~ * * * * * CONSENT CALENDAR FINIS * * * * * * * *
BID AWARD - PROJECT 6085 Council approved the
HARPER PARK - NEGEV DEVELOPERS request dated January 12,
APPROVED 1976 from Victor Ben-Aziz,
Negev Developers, to
designate a subcontractor (Rodriques Construction Company,
Chino) erroneously omitted from the list submitted with his
bid; and awarded the following on Base Bid and Add-on Alternates
iA through 6 A for a total contract price of $169,492.60, on
the basis of lowest responsible and best bidder; on motion of
Councilman Ward, seconded by Councilman Bricken, and carried
(5:2), with Councilmen Yamamoto and Ortiz dissenting:
PROJECT 6085 Construct Harper Park.
Awarded to Negev Developers, Costa Mesa.
CA 89
VARIANCE 75-58 On the unanimously
HEINECKE ENTERPRISES carried (7:0) motion
APPROVED of Councilman Brandt,
seconded by Councilman
Bricken, Council received and filed the letter of appeal
dated December 29, 1975, from Don Pearson, President of
Woodlyn North Board of Governors, and approved and filed
Negative Declaration and Planning Commission Finding of
Fact on the following:
NEGATIVE DECLARATION AND VA 75-58 - Filed
by Heinecke Enterprises to convert a single
family residence into a child day care
center at 2112 East Santa Clara in the A 1
District. APPROVED.
CA 13
Prior to the vote, the Mayor asked if there were any persons
in the audience who wished to speak against Variance 75-58.
None came forward. Mr. Theodore Terry, 1208 East Adams,
Orange, spoke in favor of the Variance.
AGENDA ORDER
AMENDMENT - OPEN SPACE ELEMENT
CONTINUED TO 7:30 P.M.
on motion of Councilman Evans,
Council continued
consideration of
the following to
the evening meeting,
seconded by Councilman
CITY COUNCIL MINUTES
27
JANUARY 19, 1976
Bricken, and Carried UnanimoUsly (7:0), for Public
Hearing:
AMENDMENT TO THE OPEN SPACE ELEMENT OF
THE GENERAL PLAN (Senior Citizens Housing
Site).
READING WAIVED Council waived full
reading of all
ordinances and resolu-
tions, the titles of
which appeared on the public Agenda, and considered by
title only, on the unanimously carried (7:0) motion of
Councilman Evans, seconded by Councilman Bricken.
ORDINANCE NS-1287 The following ordinance
LEWD FILMS & THEATERS was placed on second
ADOPTED reading and adopted,
on the unanimously
carried (7:0) motion of Councilman Yamamoto, seconded by
Councilman Evans:
ORDINANCE NS-1287 - AN ORDINANCE OF THE CITY OF
SANTA ANA ADDING SECTIONS 12-100 THROUGH 12-105
TO THE SANTA ANA MUNICIPAL CODE DECLARING THE
COMMERCIAL EXPLOITATION OF PATENTLY OFFENSIVE
SEXUAL CONDUCT IN LEWD FILMS AND THEATERS EX-
HIBITING THE SAME TO BE A PUBLIC NUISANCE AND
ORDERING THEIR ABATEMENT.
CA 149
ORDINANCE NS-1289 The following
SPEED LIMITS ordinance was
PIRST READING placed on first
reading, on the
unanimously approved (?:0) motion of Councilman Evans,
seconded by Councilman Brandt:
ORDINANCE NS-1289 - AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING DIVISION 2 OF CHAPTER 56 OF
THE SANTA ANA MUNICIPAL CODE BY REPEALING ARTICLE
VII THEREOF AND ADOPTING AND ADDING THERETO NEW
ARTICLES VII AND VII.A TO ESTABLISH PRIMA EACIE
SPEED LIMITS UPON CERTAIN STREETS AND PORTIONS
OE STREETS IN THE CITY OF SANTA ANA (Updating,
Consolidation and Clarification).
CA 18.2
ORDINANCE NS-1290 The following
TRAFFIC CONTROL REPORTS ordinance was
FIRST READING placed on first
reading, on the
unanimously carried (7:0) motion of Councilman Brandt,
seconded by Councilman Evans:
ORDINANCE NS-1290 - AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING ARTICLE III CHAPTER 2 OF THE
SANTA ANA MUNICIPAL CODE REPEALING SECTION 36-29.
CA 18.3a
CITY COUNCIL MINUTES
28 JANUARY 19, 1976
ORDINANCE NS-1291
FEES - MAP CHECKING
FIRST READING
ing ordinance on first
reading,
Councilman Brandt's
motion, seconded by
Councilman Bricken,
to place the follow-
carried unanimously (7:0):
ORDINANCE NS-1291 - AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING SECTION 34-181 TO PROVIDE FOR
THE SETTING OF FEES FOR MAP CHECKING BY RESOLU-
TION OF THE CITY COUNCIL.
CA 65
RESOLUTION NO. 76-12 On motion of Council-
COMMUNITY SERVICES SPECIALIST man Ward, seconded by
ADOPTED Councilman Brandt,
and carried (5:2), with
Councilmen Evans and Ortiz dissenting, Council approved the
Classification Specification for Community Services Spe-
cialist, and adopted the following resolution:
RESOLUTION NO. 76-12 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION
3 OF RESOLUTION NO. 58-281 TO ADD THE CLASS TITLE
AND SET THE SALARY OF COMMUNITY SERVICES SPECIALIST.
CA 50.1
RESOLUTION NO. 76-13 The following
SPUR CROSSING - ALTON AVENUE resolution was adopted
ADOPTED unanimously (7:0),
on motion of Council-
man Evans, seconded by Councilman Ward:
RESOLUTION NO. 76-13 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA GRANTING
REVOCABLE PERMISSION TO THE SOUTHERN PACIFIC
TRANSPORTATION COMPANY TO CONSTRUCT, ~,~tNTAIN AND
OPERATE A SPUR CROSSING ACROSS ALTON AVENUE,
BETWEEN FAIRVIEW STREET AND SUSAN STREET IN THE
CITY OF SANTA ANA.
CA 29.12
RESOLUTION NO.
CONDEMNATION -
ADOPTED
76-14
17TH STREET
with Councilman Brandt dissenting,
following resolution:
On motion of Council-
man Evans, seconded
by Councilman Bricken,
and carried (6:1),
Council adopted the
RESOLUTION NO. 76-14 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING
CONDEMNATION OF REAL PROPERTY FOR STREET WIDENING
OF SEVENTEENTH STREET BETWEEN ROSS STREET AND
OLIVE STREET.
CA 71
RESOLUTION NO. 76-16 Full reading was
CITY REPRESENTATIVES - LAFC waived, consideration
ADOPTED was given by title
only, and the follow-
ing resolution was adopted, on the unanimously carried
motion of Councilman Ward, seconded by Councilman Bricken:
CITY COUNCIL MINUTES 29 JANUARY 19, 1976
RESOLUTION NO. 76-16 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA DESIGNATING
CITY OFFICIALS WHO ARE AUTHORIZED TO REPRESENT
THE CITY OF SANTA ANA DURING HEARINGS CONDUCTED
BY THE LOCAL AGENCY FO~ATION CO~4ISSION.
CA 92.1
PROPOSED STATE CONSTITUTIONAL The City Attorney was
AMENDMENT - EMPLOYMENT RIGHTS directed to prepare a
SUPPORT WITH RESOLUTION Resolution supporting
the State constitu-
tional amendment regarding employment rights proposed by
Senator John Stull, on the motion of Councilman Evans,
seconded by Councilman Yamamoto and carried (7:0) unani-
mously. CA
PROPOSED FLAG FOR SANTA ANA The proposal for a
REFERRED City flag, submitted
by Mrs. Elizabeth
Brozowsky in her
letter dated December 31, 1975, was referred to Staff and
to the City's Bicentennial Commission representative,
Councilman Bricken, for report and recommendation regard-
ing possibilities of a design competition as a Bicentennial
Project, on the unanimously carried (7:0) motion of Counqil-
man Yamamoto, seconded by Councilman Bricken.
57
CA 42.5
CA 80.12
AGENDA ORDER
would be considered prior to its
Mayor Garthe announced
that Item #50 was set
for a time certain of
3:30 P.M. and that it
order on the Agenda.
UTILITY USER'S TAX MAXIMUM The City Attorney
Council Referral Item #225 was directed to pre-
APPROVED FOR $3~500; FILED pare for the next
Council meeting an
Ordinance providing for a $3,500 annual maximum for the
utility users tax commencing with July 1, 1975 fiscal year,
and the Clerk was directed to delete Council Referral Item
#225 on the motion of Councilman Bricken, seconded by Council-
man Brandt and carried (6:1) with Councilman Evans dissenting.
In addition to a Resolution from the Santa Ana Chamber of
Commerce, letters favoring a maximum limit on the Utility
User's Tax were filed by Kerr Glass Manufacturing Corp. and
Martin Builders, Inc.
Speakers addressing Council in support of an annual maximum
were:
Rhoads Martin, Martin Builders
George McCauley, Cal Compack Foods
Billy C. Hall, City Center Association
Russ Thompson, Kerr Glass Manufacturing Corp.
Don Gilchrist, I.T.T. Cannon
CITY COUNCIL MINUTES
30 JANUARY 19, 1976
The proponents of the maximum pointed out that according
to the City Manager's report of January 14, 1976, the utility
users tax will generate more revenue than had been anti-
cipated; that the companies that are heavy users of the
utilities generally provide employment for many citizens;
that they already pay a tremendous amount of property tax;
that the new utility users tax has increased their utility
bills by a significant amount; and that they wish to pay
their fair share of taxes but don't want to be mistreated.
Councilmen Evans and Ortiz expressed general opposition to
the utility users tax as a form of revenue for the City.
CA 65B
DIVERSION OF GAS TAX FUNDS
PLACEMENT ON NEXT BALLOT
SUPPORT
Mayor Garthe was
authorized to write
the Board of Super-
visors of the Council's
support of a measure to provide for the diversion of gas tax
funds for mass transit on the next ballot, as recommended by
the Transportation Advisory Committee and the Orange County
Transit District, on the motion of Councilman Ward, seconded
by Councilman Evans and carried (7:0) unanimously.
CA 68
REQUEST FOR FEASIBILITY STUDY The request dated
ENLARGING LIBRARY PARKING AREA January 10, by the
REFERRED Library Board, for
enlargement of the
library parking area, was referred to Staff for a cost and
feasibility study on the motion of Councilman Evans, seconded
by Councilman Brandt and carried (7:0) unanimously. CA 77.5
SANTA ANA RAILROAD The Santa Ana Rail-
STATION REPORT road Station Conceptual
APPROVED; AUTHORIZED IMPLEMENTATION Report, prepared by
G. J. Fielding and
approved by the Planning Commission and the Transportation
Advisory Committee, was approved and transmittal to the
Orange County Transit District, AMTRAK and other interested
agencies was authorized; and Staff was authorized to begin
a program of implementation on the motion of Councilman
Ward, seconded by Councilman Brandt and carried (6:1) with
Councilman Evans dissenting.
CA 84.6
RECESS
At 3:55 P.M. Mayor
Garthe recessed the
meeting; and recon-
vened it at 4:00 P.M.
CENTER FOR THE PERFORMING After an oral pre-
ARTS - RES. NO. 76-17 sentation by Mr. H.
ADOPTED; APPOINTED BRANDT Robert Blaustone,
Chairman of the
Orange County Performing Arts Guild, the following Resolu-
tion was adopted on the motion of Councilman Brandt, seconded
by Councilman Evans and carried (6:1) with Councilman Yamamoto
dissenting:
CITY COUNCIL MINUTES
31 JANUARY 19, 1976
RESOLUTION NO. 76-17 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE
ESTABLISHMENT OF A PERFORMING ARTS CENTER IN THE
CIVIC CENTER OF THE CITY OF SANTA ANA
The Resolution was adopted by title only and further reading
was waived, on the unanimously approved motion of Councilman
Brandt, seconded by Councilman Evans.
In a subsequent motion, Councilman Brandt was appointed as
Council's liaison with the Guild to investigate methods of
funding a proposed Center, on the motion of Councilman Ward,
seconded by Mayor Garthe and carried (7:0) unanimously.
Mr. Blaustone asked that Council assist the Guild in any way
possible to implement the First Phase of the Performing Arts
Center. He stated that there is no large audience auditorium
in Orange County; and suggested that this type of facility
would improve the image of Santa Ana and fulfill a desperate
need.
Councilman Brandt stated that he would present to Council a
formal request for authorization to investigate other centers
for performing arts to determine how the facilities were funded
and other useful background information. CA 52.8a
BICENTENNIAL PAGEANT REPORT As recommended in the
APPROVED ALTERNATIVES Staff report dated
January 12, 1976, a
musical theatrical
presentation of "George M" with a professional lead and a
Santa Ana Bands Review were approved in principle as Bi-
centennial programs as alternatives to the Pageant previously
proposed, on the motion of Councilman Ward, seconded by
Councilman Bricken and carried (6:1) with Councilman Ortiz
dissenting.
Gene Laumeister, Recreation Director, stated that the patriotic
musical "George M" is good family entertainment) with a pro-
fessional star would draw a good turnout. CA 42.5
ALTERNATIVE - RELOCATION OF The m~tter of an
MANPOWER, HOUSING AND COMMUNITY alternative to:the
DEVELOPMENT; CONTINUED relocation of Manpower,
Housing and Community
Development activities was continued to February 2, 1976, on
the motion of Councilman Evans, seconded by Councilman Brandt
and carried (7:0) unanimously. CA 65.3
NEWHOPE BIKE TRAIL On the recommendation
HEARING SET of the Traffic Engineer,
Joe Foust, in his re-
port of January 13,
1976, a public hearing was set for February 2, 1976 at
7:30 P.M. for citizen input prior to consideration of parking
removal on sections of Newhope Street between Edinger and
McFadden Avenues during certain hours to provide for a bike
lane, on the motion of Councilman Evans, seconded by Council-
man Yamamoto and carried (7:0) unanimously. CA
18.6
CITY COUNCIL MINUTES
32 JANUARY 19, 1976
PARAMEDIC CHARGES REPORT The report prepared
FILED; REFERRED; by the Fire Chief,
B--~T ~D Gene Judd, dated
January 12, 1976,
was received and filed on the motion of Councilman Evans,
seconded by Councilman Bricken and carried (7:0) unanimously.
Staff was directed to investigate and report on the establish-
ment of a non-resident fee for paramedic services on the
motion of Councilman Ward, seconded by Councilman Brandt and
carried (7:0) unanimously. CA 64.2
Councilman Brandt was authorized to represent the City at
the public hearing regarding the establishment of a County-
wide service area for paramedic services, to be held by
the Orange County Board of Supervisors on January 20, 1976,
on the motion of Councilman Evans, seconded by Councilman
Ward and carried (7:0) unanimously. A related report from
the City Manager dated January 14, 1976 was provided Council.
MID-YEAR FINANCIAL
REPORT
FILED
of Councilman Ward,
(7:0) unanimously.
The mid-year financial
report, prepared by
Staff, was received
and filed on the motion
seconded by Councilman Bricken and carried
CA 65
PROJECT 1379 - SIDEWALK - SOUTH Expenditure of $3,100
SIDE OF SANTA ANA BLVD. from Gas Tax Contingency
APPROVED funds to construct an
ultimate sidewalk on
the south side of Santa Ana Boulevard between Parton and
Garnsey Streets in conjunction with the work to be done on
Flower Street and recommended as an alternative to widening
the street was approved on the motion of Councilman Evans,
seconded by Councilman Brandt and carried (7:0) unanimously.
The motion also provided for the deletion of Council Referral
Item #234. CA 89
CA 65.3
AGENDA ORDER
#61 and #62 after the balance of the
On the recommendation
of the Mayor, there
was unanimous informal
consent to taking Items
afternoon calendar.
A.A. #89 - RELOCATION OF FIRE Appropriation Adjust-
DEPARTMENT MAINTENANCE TO CITY ment #89 to implement
YARD; APPROVED the relocation of the
Fire Department main-
tenance to the City Yard was approved on the motion of
Councilman Ward, seconded by Councilman Evans and carried
(6:1) with Councilman Ortiz dissenting.
CA 65.3
CA 64
A.A. #90 SPECIAL NARCOTICS Appropriation Adjust-
ENFORCEMENT ACTIVITY ACCOUNT ment #90 providing for
APPROVED; PROCEDURES REQUIRED a $25,000 fund to be
used by the Police
Department for narcotics enforcement was approved on the
motion of Councilman Evans, seconded by Councilman Brandt
and carried (7:0) unanimously.
CA 65.3
CA 47
CITY COUNCIL MINUTES 33 JANUARY 19, 1976
On a subsequent motion by Councilman Ward, seconded by
Councilman Brandt, the City Attorney was directed to prepare
an ordinance for the administration of the Special Enforce-
ment Services Fund provided for by A.A. #90.
A.A. #92 - UNANTICIPATED MAINTENANCE Appropriation Adjust-
AT SANTA ANA STADIUM ment #92 to perform
APPROVED unanticipated main-
tenance work on the
public address system and the underground sewage pump at the
Santa Ana Stadium was approved on the motion of Councilman
Bricken, seconded by Councilman Evans and carried (7:0) CA 65.3
unanimously. CA 52.8
A.A. #94 - CHANGES IN LIGHTING
SANTA ANA STADIUM FOR WOMEN'S
SOFTBALL; APPROVED between the City and
the International
Women's Professional Softball Association to make certain
changes in the lighting at the Santa Ana Stadium, A.A. #94,
was approved on the motion of Councilman Evans, seconded
by Councilman Brandt and carried (7:0) unanimously.
To..implement:~a._p~Qr
vision of the agreement
CA 65.3
CA 52.8
A.A. #95 - TYPIST CLERK AND One CETA Typist
PRINTING FOR BICENTENNIAL COMMITTEE Clerk I position
APPROVED was approved to serve
the Bicentennial Com-
mittee for six months; and Appropriation Adjustment #95
for printing expenses for the Bicentennial Committee was
approved, on the motion of Councilman Ward, seconded by
Mayor Garthe and carried (5:2) with Councilmen Evans and
Ortiz dissenting.
CA 65.3
CA 42.5
RECESS
4:55 P.M.
At 4:45 P.M. Mayor
Garthe declared a
recess; the meeting
was reconvened at
HIRING MORATORIUM - CLARIFICATION As recommended by the
AND REQUESTS FOR EXEMPTION City Manager in his
POLICY APPROVED; SELECTED EXEMPTIONS report of January 14,
1976, the following
statements of policy regarding the hiring moratorium were
approved on the motion of Councilman Evans, seconded by
Councilman Ward and carried (7:0) unanimously.
Hiring freeze applies only to full-time,
budgeted positions.
The City will honor its appointment com-
mitments made prior to the Council freeze
decision.
3. Part-time positions are exempt.
Positions under Federal and State funded
programs are exempt.
CITY COUNCIL MINUTES
34
JANUARY 19, 1976
The hiring moratorium will continue
through the remainder of the current
fiscal year unless rescinded sooner by
Council.
The following positions recommended for exemption by the City
Manager were acted on as follows:
The position of Water Meter Reader Collector for the Fianance
Department was EXEMPTED on the motion of Councilman Evans,
seconded by Councilman Ward and carried (7:0) unanimously.
The position of Buyer for the Finance Department was EXEMPTED
on the motion of Councilman Ward, seconded by Councilman
Yamamoto and carried (5:2) with Councilmen Ortiz and Evans
dissenting.
The position of Reprographic Equipment Operator II for the
Finance Department was NOT EXEMPTED when Councilman Ward's
motion to exempt, seconded by Councilman Brandt did not
carry on a 3:4 vote with Councilmen Evans, Yamamoto, Ortiz
and Bricken dissenting.
The position of Stenographic Clerk II for the Building
Department was EXEMPTED, on the motion of Councilman Evans,
seconded by Councilman Ward and carried (5:2) with Council-
men Yamamoto and Ortiz dissenting.
The position of Personnel Analyst (Examining) for the
Personnel Department was EXEMPTED, on the motion of Council-
man Bricken, seconded by Councilman Yamamoto and carried
(4:3) with Councilmen Ward, Brandt and Evans dissenting.
The position of Stenographic Clerk II for the Fire Depart-
ment was EXEMPTED on the motion of Councilman Yamamoto,
seconded by Councilman Brandt and carried (6:1) with
Councilman Evans dissenting.
Two positions of Emergency Services Dispatcher for the Police
Department were EXEMPTED on the motion of Councilman Brandt,
seconded by Councilman Ward and carried (7:0) unanimously.
The position of Deputy City Attorney II (Police Legal Advisor)
for the Police Department was EXEMPTED on the motion of
Councilman Yamamoto, seconded by Councilman Bricken and
carried (5:2) with Councilmen Ward and Ortiz dissenting.
The position of Senior Equipment Mechanic for the Equipment
Maintenance Department was EXEMPTED on the motion of
Councilman Ward, seconded by Councilman Bricken and carried
(5:2) with Councilmen Evans and Ortiz dissenting.
The position of Director of Recreation and Parks to head
that department was EXEMPTED on the motion of Councilman Evans,
seconded by Mayor Garthe and carried (7:0) unanimously.
The position of Fire Chief to head that department was EXEMPTED
on the motion of Councilman Ward, seconded by Councilman Brandt
and carried (7:0) unanimously.
The position of Water Plant Chief Operator for
Works Department was EXEMPTED on the motion of
Ward, seconded by Councilman Evans and carried
Councilman Yamamoto dissenting.
the Public
Councilman
(6:1) with
CITY COUNCIL MINUTES 35 JANUARY 19, 1976
The position of Water Foreman for the Public Works Depart-
ment was NOT EXEMPTED when Councilman Bricken's motion,
seconded by Councilman Evans, not to exempt the position,
carried (6:1) with Mayor Garthe dissenting.
The position of Police Officer for the Police Department was
EXEMPTED on the motion of Councilman Evans, seconded by
Councilman Ward and carried (7:0) unanimously.
Eleven positions as Firefighter II for the Fire Department
were EXEMPTED on the motion of Councilman Bricken, seconded
by Councilman Yamamoto and carried (7:0) unanimously.
Two positions as Fire Inspector for the Fire Department were
EXEMPTED on the motion of Councilman Bricken, seconded by
Councilman Yamamoto and carried (6:1) with Councilman Ortiz
dissenting.
On the motion of Councilman Brandt, seconded by Councilman
Evans, five positions as Police Officer for the Police
Department, not recommended by the City ~anager for exemp-
tion, were EXEMPTED when the motion carried (4:3) with
Councilmen Ward, Ortiz and Mayor Garthe dissenting.
On the motion of Councilman Bricken, seconded by Councilman
Ward, and carried (7:0) unanimously, non-exemption for the
following positions was ratified:
Museum Exhibit Specialist
Library Page
Custodian II
Grounds Maintenance Man
Firefighter I
Water Plant Operator
CA 65B
CA 50
NEGOTIATION OF AMENDED
REFUSE CONTRACT
AMENDMENTS APPROVED
to the refuse contract,
After discussion of the
City Manger's report
dated January 16, 1976
, concerning amendments
the following action was taken:
The City Attorney was authorized to REDRAFT the contract to
incorporate all prior and proposed amendments and to update
the format for clarity, all non-substantive changes, on the
motion of Councilman Bricken, seconded by Councilman Evans
and carried (6:1) with Councilman Ward dissenting.
The amendment to remove the weight limitation for single-
family residences was APPROVED on the motion of Councilman
Bricken, seconded by Councilman Evans and carried (7:0)
unanimously.
The motion by Councilman Bricken, seconded by Councilman Ward
to approve in principle a change in the basis for the con-
tractor's payments from water meters to population was
APPROVED when the motion carried on a 4:3 vote with Council-
men Brandt, Evans and Ortiz dissenting. The motion instructed
the City Manager to provide Council with a methodology study
to support his proposal.
The recommendation to allow one hour earlier collection start
on a trial basis was APPROVED on the motion of Councilman Evans,
seconded by Councilman Ward and carried (6:1) with Councilman
Brandt dissenting.
CITY COUNCIL MINUTES 36 JANUARY 19, 1976
The recommendation to reduce the semi-annual CPI adjustment
to once per year was APPROVED on the motion of Councilman
Ward, seconded by Councilman Bricken and carried (7:0) unani-
mously.
The recommendation to deny the contractor's request for an
annual automatic increase in commercial bin rates adjusted by
CPI was APPROVED on the motion of Councilman Bricken, seconded
by Mayor Garthe and carried (7:0) unanimously.
The recommendation to restrict all commercial bin rate increases
to a maximum of one per year, require contractor to provide an
annual statement to justify all requested increases and to
secure separate Council approval was APPROVED in principle on
the motion of Councilman Ward, seconded by Councilman Yamamoto
and carried (7:0) unanimously.
The recommendation to delete the contractor's required "refund"
payments to the City was APPROVED on the motion of Councilman
Bricken, seconded by Councilman Evans and carried (7:0)
unanimously.
The recommendation to allow one "supplemental" payment, upon
contractor's request, per year after October 31, 1977, accom-
panied by an annual statement and submitted for approval of
Council at a public hearing, in order to maintain a fair profit
return for the contractor, was APPROVED in principle on the
motion of Councilman Ward, seconded by Mayor Garthe and
carried (7:0) unanimously.
The recommendation to extend the current contract to October
31, 1981 and provide that Council may review it for an addi-
tional five year period in October, 1979, after a public
hearing, was NOT APPROVED in principle when Councilman
Bricken's motion, seconded by Councilman Yamamoto failed on
a (3:4) vote with Councilmen Brandt, Evans, Garthe and Ortiz
dissenting.
Further discussion of the refuse contract amendments and
comments from the contractor were scheduled for an Adjourned
Regular meeting on Monday, January 26; 1976, at 5:00 P.M. in
Room 831, City Hall, on the motion of Councilman Ortiz,
seconded by Councilman Ward and unanimously (7:0) carried. A-6-21-71
RECESS
convened at
7:35 P.M. with the
At 6:19 P.M. Mayor
Garthe recessed the
meeting for dinner;
the meeting was re-
same Councilmen present.
INVOCATION The Pledge of Alle-
PLEDGE OF ALLEGIANCE giance to the Flag
led by Boy Scout
Troop #28, Daniel
Oldawage, Leader, was followed by the Invocation given by
Councilman Bricken.
CA 9.10
CA 80.17
PROCLAMATION PRESENTATION Mayor Garthe pre-
"FESTIVAL OF LEARNING DAYS" sented to Mrs. Susan
Brenner, a Proclamation
entitled "Festival of
Learning Days" to commend her Festival to be held January 24,
CITY COUNCIL MINUTES 37 JANUARY 19~ 1976
25, 31, and February 1 and culminating in a Gala Concert
Sunday evening, February 8, 1976 at Phillips Hall, Santa Aha
College. In addition to the 15 local music students who are
taking part in the event, Mrs. Brenner is hosting two students
from Norway. CA 46
PUBLIC HEARING - APPEAL NO. 354 Mayor Garthe announced
VA 75-46; RES. NO. 76-8 that this was the time
APPROVED VARIANCE and place for the public
hearing of Appeal No.
354 filed by J. Ogden Markel in opposition to Variance
Application 75-46 filed by George Georgieff for a dental lab-
oratory at 602 West Edinger in the Ri District.
Mr. William Daugherty, Senior Planner, stated that the
location is near the corner of Van Ness and Edinger and the
area is designated as low density residential in the General
Plan; that the Planning Commission heard the request for
variance on August 11, 1975, and approved it on a 3:2 vote;
that an appeal was subsequently filed, heard by the City
Council, and the matter referred back to the Planning Com-
mission to hear new evidence and testimony; that parking was
the basic issue in the matter; that the applicant agreed
to provide more parking for a total of 16 immediate parking
spaces, with a potential for 22 when the insurance building
is eliminated; the variance was approved by the Planning
Commission on a 5:0 vote.
Mayor Garthe asked for speakers in favor of the Appeal and
they were:
J. Ogden Markel, 1814 South Parton, who stated that practically
everyone living within 300 feet of 602 West Edinger has signed
a petition and is opposed to the issuance of the variance
requested; that the dental offices and laboratory have a
total of 19 employees who will make use of off-street parking,
forcing patients and visitors to use available on-street
parking; that there should be respect for a residential
neighborhood; that property values go down when this type of
use is permitted; and he urged a denial of the variance.
Charles Kaeser, 1617 South Parton, stated that the streets
do not get swept because there are always cars parked there.
Those speaking in opposition to the appeal and in favor of
the variance were:
Henry Coopersmith, attorney for the applicants, stated that
the variance had previously been approved; that the only
valid objection was the parking problem; that the applicant
will provide 16 spaces which will help to alleviate the nega-
tive impact of the adjoining parking needs; and that the
applicant has agreed to tear down the insurance building as
soon as the present tenant vacates which will provide an
additional 6 spaces.
In rebuttal, J. Ogden Markel, stated that there are only 13
9' x 20' parking stalls; that an additional 6 stalls will
not be forthcoming until the insurance building is demolished
when the present tenant vacates; that the City is taking the
applicant's wor8 for something to be done in the future; that
the applicants have done nothing to improve the development
of the area; that the applicants are not interested in com-
munity development; and that the applicants have no intention
CITY COUNCIL MINUTES 38 JANUARY 19, 1976
of taking care of the visitor parking problem because it is
a physical impossibility considering the parking needs of
their own employees.
In response to the rebuttal, Mr. Coopersmith stated that a
dental facility is an asset to the community and the neighbor-
hood; that the dental office is by far the best building in
the neighborhood and that it would be in the community's best
interest to allow the variance.
There were no further speakers and Mayor Garthe closed the
public hearing.
The following Resolution was adopted on the motion of Council-
man Yamamoto, seconded by Councilman Ward and carried (4:3)
with Councilmen Brandt, Evans and Mayor Garthe dissenting:
RESOLUTION NO. 76-8 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE
ACTION OF THE PLANNING COMMISSION ON VARIANCE
APPLICATION NO. 75-46, APPROVING SAID VARIANCE
APPLICATION, AND DENYING APPEAL NO. 354 FILED
THEREON BY J. OGDEN MARKEL AND RESCINDING RES-
OLUTION NO. 75-134.
With the same motion, Staff was directed to monitor the parking
situation at the location and if necessary to recommend appro-
priate on-street parking restrictions. CA
At 8:25 P.M. Councilman Evans left the meeting.
13.3
PUBLIC HEARING - EIR AND AMENDMENT Mayor Garthe announced
TO GENERAL PLAN AND OPEN SPACE that this was the time
ELEMENT; APPROVED and place for the public
hearing of an amendment
to the General Plan and an amendment to the Open Space
Element of the General Plan respecting 2.48 acres, a one-half
block area between First, Ross and Birch, to allow for the
Senior Citizens Housing project.
The Planning Director reported that Planning Commission
Resolution 6079 recommended the amendment to the General
Plan, and that it would only remove about one-half block
from the Open Space zone.
After invitation by the Mayor, no speakers came forward to
discuss the subject of the proposed amendments; Mayor Garthe
then closed the public hearing.
On the motion of Councilman Bricken, seconded by Councilman
Ward, Council certified that the information contained in
the Redevelopment Agency's EIR had been reviewed and consid-
ered, and Resolution No. 76-15 as follows was carried unani-
mously (6:0) with Councilman Evans absent:
RESOLUTION NO. 76-15 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ADOPTING AN
AMENDMENT TO THE GENERAL PLAN DELETING THE SENIOR
CITIZENS HOUSING SITE FROM THE MAP LABELED "OPEN
SPACE PLAN, AN ELEMENT OF THE GENERAL PLAN" AND
REDESIGNATING SAID SITE ON THE LAND USE MAP OF
THE GENERAL PLAN AS "HIGH DENSITY RESIDENTIAL".
CITY COUNCIL MINUTES 39 JANUARY 19, 1976
PETITION FOR TRAFFIC SIGNAL On the recommendation
AT MAIN STREET AND BORCHARD STREET of the Traffic En-
MARKINGS APPROVED gineer, Joe Foust,
in his report of January
13, 1976, the following markings were approved on the motion
of Councilman Ward, seconded by Councilman Yamamoto and
carried unanimously (6:0) with Councilman Evans absent:
(1) Crosswalk at M~in & Borchard restriped with zebra-type
markings and reflectorized raised pavement markers added;
and (2) relocate illuminated "Ped Crossing" signs to the
Main and Borchard crosswalk after the installation of signals
at Fifth and Euclid.
P~ior to the vote on the motion, Mr. Gene Snyder, 634 South
Rosewood, representing the petitioners, stated that they were
well aware of the cost of a traffic signal and that they
will appreciate anything that can be done to slow down traffic
and reduce the hazard at the intersection of ~ain Street and
Borchard Street. CA 18.3
ORAL COMMUNICATION Councilman Bricken
CRIMINAL JUSTICE COUNCIL initiated a discussion
DIVERSION PROGRAM - JUVgNILES of the program pro-
posed by the Criminal
Justice Council for diversion of juvenile status offenders,
voicing his concern for having a concentration of homes for
juvenile offenders in Santa Ana. City Manager, Bruce Spragg, CA 112.6d
advised Council that Staff would propose, possibly at the CA 140.15
next meeting, a provision to allow the City to control such CA 78
establishments by a requirement for a conditional use permit. CA 47
ADJOURNMENT At 9:00 P.M. the meeting
was adjourned to 5:00 P.M.
January 26, 1976, in
Room 831, City Hall,
for the purpose of discussing negotiation of the refuse con-
tract and management reorganization, on the motion of Council-
man Brandt, seconded by Councilman Ward and carried (6:0)
unanimously.
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES 40 JANUARY 19, 1976