HomeMy WebLinkAbout09-20-1976MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
September 20, 1976
The meeting was called to order in the Council Chambers, 22
Civic Center Plaza, at 2:00 P.M. by Mayor John Garthe. The
following Council members were present: Gordon Bricken,
David F. Ortiz, Harry K. Yamamoto, David L. Brandt, James B.
Ward, and Mayor Garthe. Councilman Vernon S. Evans was
absent. The following members of Staff were also present:
City Manager Bruce C. Spragg, City Attorney Keith L. Gow,
Director of Public Works John E. Stevens, Planning Director
Charles C. Zimmerman, Police Chief Raymond C. Davis, and
Clerk of the Council Florence I. Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
Bricken.
Following the Pledge
of Allegiance to the
Flag, the Invocation
was given by Councilman
RECESS
HOUSING AUTHORITY
Council reconvened at 2:05 P.M.
At 2:01 P.M. Council
recessed to convene
the-regular meeting
of the Housing Authority;
with the same members present.
CONSENT CALENDAR
DISSENTING VOTE
Councilman Yamamoto
registered a NO vote
on Agenda Item 4 A.
CONSENT CALENDAR On the unanimously
STAFF RECOMMENDATIONS approved (6:0) motion
APPROVED of Councilman Ward,
seconded by Councilman
Brandt, Council approved the recommended action on the follow-
ing Consent Calendar items:
MINUTES
Approved the Minutes
of the Regular Meeting
of September 7, 1976.
BID CALLS
for bids on the
following:
Approved plans and
specifications and
authorized advertisement
SPEC. 76-030; SPEC. 76-031; SPEC. 76-032 -
Two pickups and one van-for Public Works
and four pickups for Recreation and Parks.
CA 89
BID AWARD
bidder:
Awarded the following
on basis of lowest
responsible and best
PROJECT 8074A - Construct Senior Citizens
Center parking lot at Third & Ross Streets;
awarded to T. J. Crosby, dba T. J. Crosby
Co., Irvine, in the amount of $26,772.00.
CA 89
CITY COUNCIL MINUTES 347 SEPTEMBER 20, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed
staff report of the
following:
DESAI, Natverlal N. 2545 W. McFadden
Ave. Person to Person Transfer - "42"
On Sale Beer & Wine (Public Premises).
Councilman Yamamoto registered a NO vote.
(Agenda Item 4 A)
PERINO, Charles & Joan - 3110 W. Harvard
14-14A - Original - "20" Off Sale Beer &
Wine. PROTEST - PLANNING - CUP REQUIRED.
WEISS ENTERPRISES, INC. - 1515 E. First
Street - Original - "41" On Sale Beer &
Wine (Bona Fide Public Eating Place).
PROTEST - PLANNING - MINOR EXCEPTION
REQUIRED.
VARIANCE - CUP - Approved and filed
MINOR EXCEPTION Negative Declarations
and Planning Commis-
sion Eindings of Fact on the following:
VA 76-42 Filed by the Orange County
Board of Realtors to allow a veterinary
reference laboratory at 1500 N. Grand in
the C5 District. APPROVED.
CUP 76-20 - Filed by Bethel Missionary
Baptist Church, Inc. to add classrooms
and to permit a private school to operate
in conjunction with an existing church
located at 901 S. Euclid in the R1
District. APPROVED.
MINOR EX. 76-20 - Filed by Mary C. Axel-
son to allow on-sale beer in an existing
restaurant on property located within 300
feet of residences at 2710-D Edinger
Ave. in the C1 District. APPROVED.
DEEDS, NO CASH
GRANTOR, CITY
Mayor and Clerk:
Approved the following
deeds and authorized
their execution by
WARNER-SUSAN BUSINESS PARK - South side
of Warner east of Susan for vehicular
access rights.
CRAFCO ENTERPRISES - Southwest corner
of Bristol and Memory Lane for vehicular
access rights.
DEEDS WITH CASH & Approved the following
ESCROW - GRANTEE, CITY deeds and authorized
Mayor to sign all
necessary documents in connection with the sales:
GARDEN GROVE SCHOOL DISTRICT - South
side of First Street, west of Shannon,
for Park Site "West Reservoir".
CA 146
CA 146.1
CA 13
CA 13.1
CA 13.2
CA 155
CITY COUNCIL MINUTES 348 SEPTEMBER 20, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
GARDEN GROVE SCHOOL DISTRICT - South
side of 17th Street, east of La Bonita
for Park Site "Silver Acres".
CA 155
FINAL PARCEL MAPS
Approved the follow-
ing maps and accepted
the dedications thereon:
MAP NO. 928 - North side of Seger-
strom Avenue east of the Santa Aha
River, 21 lots.
MAP NO. 968 - Southwest corner Mac
Arthur Boulevard & Susan-St., 9 lots.
CA 25.2
TAX COLLECTOR'S SALE
NO. 1226
AP 8-212-61, AP 10-051-S0
the minimum bid of $10.00
Consented to Tax
Collector's Sale
#1226 of AP 5-031-48,
and AP 15-152-09 at
each.
CA 4S. 5
REQUEST FOR ABSENCE Authorized absence of
CITY MANAGER City ManageC from
regular meeting of
the City Council on September 28 to enable him
to attend International City Managers Association
Conference in Toronto September 26-30.
CA 79
APPOINTMENT TO
AIRPORT AUTHORITY
Authority for a four-year
Reappointed David Ortiz
as representive to the
Inter-County Airport
term conmlencing Oct. 15,
1976.
CA 98.2
AGREEMENT
Approved the following
agreement and authorized
execution by Mayor and Clerk:
PROFESSIONAL SERVICES - Between City and
Tamas and Associates, Inc. for computer
program services for the fire protection
Master Plan.
A-76-95
RESIGNATION FROM Accepted the resignation
BICENTENNIAL COMMITTEE of E. H. Moriarty, con-
tained in the letter dated
August 30, 1976, from the Bicentennial Committee,
and directed Staff to prepare a suitable acknowledge-
ment of service. CA 42.5
LIABILITY CLAIMS
Referred to administration
claims received September 1
to September 14, 1976. CA 65.~
COUNCIL REFERRAL
SUMMARY
Received and filed status
report-of matters referred
to Staff by Council. CA 80. 2
PROCLAMATIONS
to September 14,
1976.
Received and filed report
of proclamations issued by
the Mayor from August 31,
CA 46
* * * * * * * * CONSENT CALENDAR FINIS * *-* * * * * *
CITY COUNCIL MINUTES 349 SEPTEMBER 20, 1976
READING WAIVED On the unanimously
approved (6:0) motion
of Councilman
Ward, seconded by Councilman Bricken, 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-1321 The following ordinance
HEALTH SERVICES FEES was placed on second
ADOPTED reading and adopted
unanimously (6:0), on
the motion of Councilman Yamamoto, seconded by Councilman
Bricken:
ORDINANCE NO. NS-1321 - AN ORDINANCE OF THE CITY
OF SANTA ANA ADDING SECTIONS 12-44 AND 18-421 AND
AMENDING SECTIONS 22-7 AND 22-12 OF THE SANTA ANA
MUNICIPAL CODE TO PROVIDE FOR HEALTH SERVICES FEES
FOR INSPECTIONS BY THE COUNTY HEALTH OFFICER OF
PEEP SHOW ESTABLISHMENTS, TA%TOO.PARLORS, AND
MASSAGE PARLORS.
CA 91
A=76-90
ORDINANCE NO. NS-1320 On motion of Councilman
AMENDMENT APPLICATION 744 Ward, seconded by Coun-
ELIAS GARCIA - ADOPTED cilman Brandt, and
carried (4:0), with
Councilmen Bricken and Yamamoto abstaining because they were
not present during the public hearing on September 7, 1976,
the following ordinance was placed on second reading and
adopted:
ORDINANCE NO. NS-1320 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
?44 FILED BY ELIAS JOHN GARCIA RBZONING PROPERTY
FROM THE C4 (PLANNED SHOPPING CENTER) DISTRICT TO
THE R1 (SINGLE FAMILY RESIDENCE) DISTRICT AND
AMENDING SECTIONAL DISTRICT MAP 16-5-10 (North
side of McFadden Avenue between Harbor Boulevard
and Newhope Street).
CA 10
AGENDA ORDER Consideration of
RESOLUTION NO. 76-114 Resolution No.
PERSONNEL BOARD AGREEMENT 76-114 (Agenda Item
35) was postponed to
later in the meeting, and followed consideration of West
Branch Library Implementation Plan (Agenda Item 59).
RESOLUTION NO. 76-115 Council unanimously
DESTRUCTION OF RECORDS adopted (6:0) the
ADOPTED following resolution,
on the motion of
Councilman Ward, seconded by Councilman Brandt:
RESOLUTION NO. 76-11S - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING AND
AUTHORIZING DESTRUCTION OF CERTAIN RECORDS OF COM-
PLAINTS AGAINST EMPLOYEES OF THE CITY IN THE
POLICE DEPARTMENT.
CA 47
RESOLUTION NO. 76-116
FAU PROGRAM - MAIN STREET
ADOPTED
Brandt, Council adopted the
On the unanimously
approved (6:0) motion
of Councilman Ward,
seconded by Councilman
following resolution:
CITY COUNCIL MINUTES 350 SEPTEMBER 20, 1976
RESOLUTION NO. 76-116 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID
URBAN TWO YEAR (F.Y. 1977 AND 1978) PROGRAM
THE DEVELOPMENT OF MAIN STREET WITHIN THE CITY OF
SANTA ANA.
CA 29.9
LEAGUE OF CITIES CONFERENCE
VOTING DELEGATE & ALTERNATE
MAYOR & VICE MAYOR APPOINTED
of the voting representative
Garthe and Vice Mayor Vernon
tively, on the unanimously approved (6:0)
Ward, seconded by Councilman Bricken.
On the request of the
Executive Director of
the League of California
Cities for designation
and an alternate, Mayor John
S. Evans were appointed, respec-
motion of Councilman
CA 80.1
CA 148.5
FLOWER STREET WIDENING A letter dated Septem-
81S & 819 W. WASHINGTON bet 2, 1976 from Clif-
ACQUISITION AUTHORIZED ford O. Collins, owner
of the properties at
815 and 819 West Washington, requesting that the City proceed
with the acquisition of the property needed for the Flower
Street widening (Project 1560), was approved on the motion
of Councilman Ward, seconded by Councilman Yamamoto and
carried (6:0) unanimously.
Public Works Director John Stevens reported that the preliminary
plans of a redesign of the widened improvements were almost
ready for presentation to residents who would be most affected
by the street widening. CA 29.8
EXTENSION OF GREAT WESTERN A letter dated Septem-
--REFUSE COLLECTION CONTRACT bet 14, 1976 from T. K.
REFERRED Blackman, Secretary of
Great Western Reclama-
tion, Inc., requesting an extension of its refuse collection
contract from October 51, 1978 to October 31, 1981 was
referred to Staff for report and recommendation on the motion
of Councilman Ward, seconded by Councilman Bricken and carried
(5:0) unanimously. Prior to the discussion and vote, Council-
man Brandt declared a conflict of interest because of having
accepted gifts in excess of $250 from Great Western Reclama-
tion during the past year, and withdrew from the Chambers.
Councilman Bricken asked that Staff give particular attention
to the development of plans for solid waste disposal; that
in the near future cities may be required by law to provide
for solid waste disposal; and that the contract extension
request should be considered along with an analysis of fore-
seeable options for disposal of solid waste. A-76-42
ORANGE COUNTY COMMUNITY A request dated
DEVELOPMENT COUNCIL REPRESENTATIV]~ September 14, 1976,
REFERRED from Arnetta Stewart,
Chairperson of the
Membership Committee of the Orange County Community Develop-
ment Council, was referred to the Council Board a~d Commis-
sion Appointments Committee on the motion of Councilman Ward,
seconded by Councilman Yamamoto and carried (4:2), with
Councilman Brandt and Mayor Garthe dissenting. CA 140.6
CITY COUNCIL MINUTES 351 ~ SEPTEMBER 20, 1976
ASSESSMENT FOK OFFICE -On the motion of Coun-
BUILDING FOR LEAGUE OF CITIES cilman Ward, seconded
CONDITIONALLY APPROVED by Councilman Brandt,
and carried (4:2), with
Councilman Yamamoto and Mayor Garthe dissenting, the delegate
to the League annual conference was instructed to vote in
favor of the proposed building assessment to be paid by the
City of Santa Ana in a lump sum payment of $14,058 on the
condition that the League change its method of determining
representation for voting to a "one man one vote" propor-
tional system. CA 148.5
COMMUNITY GP. A2qT FUNDS Community Grant Funds
WAFFLE HOUSE allocated to but not
APPROVED required for the pav-
ing of the Kramer
Building Site were reallo~ated ($4,107) to the Historical
Preservation of the Howe-Waffle House, as recommended by
-Redevelopment Director, Richard Goblirsch, in his report
dated August 50, 1976, on the motion of Councilman Ward,
seconded by Mayor Garthe, and carried (4:2), with Councilmen
Yamamoto and Ortiz dissenting. Councilman Brandt asked
that Staff inquire about the financing of the historical
residence in Huntington Beach.
CA 85.1d
CA 140.20
HIRING MORATORIUM On the motion of
EXEMPTION REQUESTS Councilman Bricken,
MORATORIUM CONTINUED seconded by Council-
man Ward, and car-
ried (6:0) unanimously, the City Manager was directed to
continue the hiring moratorium, and to prepare recommenda-
tions for a cost reduction plan coupled with any recommenda-
tions for tax relief and tax reform that may be implemented
both in the short term and in the long term. A previous mo-
tion to end the hiring moratorium, made by Councilman .:
Ward, seconded by Mayor Garthe, failed on a (3:3) vote' with
Councilmen Bricken, Ortiz and Yamamoto dissenting. CA S0
WEST BRANCH LIBRARY Following an oral
REVENUE SHARING FUNDS presentation by
APPLICATION AUTHORIZED Howard Samuelson,
Library Director, of
his September 15, 1976 report entitled "Newhope Branch
Library Implementation Plan and Funding Alternatives",'the
Plan was approved with the funding priority order from (1)
County Revenue Sharing Funds; (2) Title I Funds; and ($)
General Revenue Sharing Funds, on the motion of Councilman
Bricken, seconded by Councilman Yamamoto, and carried (S:i),
with Councilman Ortiz dissenting.
On the motion of Councilman Ward, seconded by Councilman
Yamamoto, and carried (S:i), with Councilman Ortiz dissent-
ing, the Mayor was authorized to apply for $200,000 in
County of Orange Social Programs Revenue Sharing funds for
the project.
The Alternative A proposed by the Library Director, using
the present site and the 50 feet south of it, at a cost of
$470,000, was approved on the motion of Councilman Ward,
seconded by Councilman Brandt, and carried (S:l), with
Councilman Ortiz dissenting. A previous motion to approve
Alternate B, which proposed an alternate site to allow for
the construction of the West Community Center and requiring
$622,000 total funding, failed by a 2:4 vote, with Council-
men Ward, Brandt, Ortiz and Bricken dissenting to the motion
made by Councilman Bricken, and seconded by Councilman
Yamamoto.
CITY COUNCIL MINUTES 352 SEPTEMBER 20, 1976
On the motion of Councilman Ward, seconded by Councilman
Bricken, and carried (5:1), with Councilman Ortiz dissenting,
the City Manager was directed to prepare all necessary docu-
ments to proceed with the development of the Newhope Branch
Library, as proposed in Alternate A.
Mr. Samuelson in his oral presentation stated that Santa Ana
is one of the few cities of its size with only one branch
library; that Santa Ana's long range plan calls for six
branch libraries; that the neighborhood served by the pro-
posed library has three of the City's ten poverty areas;
that the average age of the residents is 19 years; that the
population of the proposed service area is 50,000; that the
present site owned by the City will not allow for landscaping
and will provide only 18 parking spaces; that a larger site
available across the street would accommodate 55-40 parking
spaces and provide a location for the West~Community Center.
CA l12A
CA 56
RECESS
At 4:05 P.M. Mayor
Garthe declared a
recess; the meeting
reconvened at,4:20 P.M.
AGENDA ORDER - AGREEMENT On the unanimously
STATE PERSONNEL BOARD approved (6:0) motion
RESOLUTION 76-114 - ADOPTED of Councilman Ward,
seconded by Councilman
Yamamoto, the following resolution was adopted:
RESOLUTION NO. 76-114 - A RESOLUTION OF THE CITY
COUNCIL OE THE CITY OE SANTA ANA AUTHO~ZING AN
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE
CALIFORNIA STATE PERSONNEL BOARD
for the examination and training services as needed. This
matter had been postponed from earlier in the meeting until
Personnel Director Donald Bott could be present to respond
to questions by the maker of the motion. A-76-94
REDUCTION OF CETA EMPLOYEES A report dated
REFERRAL ITEM 30-76 September 16, 1976,
REPORTS FILED; REFERRAL DELETED. prepared by G. David
Tayco entitled
"Elimination of Dependency on the Comprehensive Employment
Training Act Work" as well as the report dated September 14,
1976 prepared by leith E. Blunt entitled "Phase Out Alterna-
tives Involving Projects of Specific Scope and Time Limita-
tions'' were received and filed, and Council Referral Item
No. 30-76 was deleted from the Sununary, on the unanimously
approved (6:0) motion of Councilman Ward, seconded by Coun-
cilman Yamamoto. Executive Directors Tayco and Rede com-
mented orall7 on the reports submitted, and Council was
informed by City Manager Bruce Spragg that a final report
will be submitted when proposed employee reductions have
been related to programs affected and alternatives have been
developed for Council consideration, including project
oriented activities and social service programs conducted
by non-profit organizations. CA 131.11
EKe BUS SHELTERS Status Report No. 2,
REFERRAL ITEM 20-76 dated September 13,
FILED 1976, prepared by
Joe E. Eoust regarding
the EKO Protection Service proposal for the installation of
CITY COUNCIL MINUTES 353 SEPTEMBER 20, 1976
bus shelters in the City, was received and filed on the
unanimously carried (6:0) motion of Councilman Ward,
seconded by Councilman Brandt.
CA 84
PUBLIC MANPOWER PROGRAMS Appropriation Adjust-
A.A. 17, 18, 20, 23 AND 27 ments 17, 18, 20, 23,
APPROVED and 27, in the amounts
and for the programs
listed below were approved, on the motion of Councilman
Bricken, seconded by Councilman Brandt, and carried (6:0)
unanimously:
A.A. No. 17 - Public Service Employment Program
for transitional quarter (7-1-76 to 9-30-76), $124,495;
A.A. No. 18 - CETA Title II adjusts accounts for
a lower than anticipated budget, $38,565 reduction;
A.A. No. 20 - Public Sector Work Experience Program
for the.transitional quarter (7-1-76 to 9-30-76),
$110,000;
A.A. No. 23 - Manpower Planner Grant for the trans-
itional quarter (7-1-76 to 9-30-76), $6,000;
A.A. No. 27 - Adult Work Experience Program, CETA
Title I, establishes program at $125,255.
CA 65.3
CA 140.4
DISPLAY CASE FOR The purchase of a
CITY HALL LOBBY - A.A. 28 trophy display case
APPROVED was~authorized, and
the transfer of
$1,050 from Council Contingency Funds for the purchase was
approved, on the motion of Councilman Ward, seconded by
Councilman Bricken, and carried (5:1), with Councilman
Ortiz dissenting. CA 65.3
%RANSPORTATION PLAN~- LIABILITY The report of the
SENIOR CITIZENS CENTER City Attorney dated
REFERRAL 35-76 - FILED; DELETED September iS, 1976
requested by Council
regarding any potential liability anticipated with the
implemegtation of the proposed transportation plan for the
Senior Citizens Service Center, was received and filed, and
Council Referral Item No. 35-76 deleted from the Summary,
on the motion of Councilman Bricken, seconded by Councilman
-Ward, and carried (6:0) unanimously.
In the opinion of the City Attorney it does not appear that
the City would incur liability to private taxicab companies
if it were to put into effect the proposed transportation
plan for the Senior Citizens Service Center. CA 131.10
ORAL COMMUNICATION Mrs. Jean Lalonde,
RE-SODDING OF FIELD 2609 S. Towner Street,
SANTA ANA MUNICIPAL BOWL President of the
Santa Aha Council,
Parent Teachers Association, presented a letter dated
September 20, 1976 to the City Council requesting that the
City arrange for the resodding of the skinned areas of
the field at the Municipal Bowl to facilitate school foot-
ball games. Glenda Matney, 2121 Poinsettia, also spoke in
favor of the resodding of portions of the Municipal Bowl
field.
CITY COUNCIL MINUTES 354 SEPTEMBER 20, 1976
On the motion of Councilman Bricken, seconded by Councilman
Yamamoto and carried (6:0) unanimously, Staff was directed
to meet with the interested parties, negotiate and implement
an equitable solution which would be placed on the Septem-
ber 28 Agenda for ratification. CA 52.8
ORAL COMMUNICATION By unanimous informal
MAYOR'S ABSENCE FROM CITY consent, Mayor John
APPROVED Garthe's absence from
the City from Septem-
ber 25 through October 2 was approved. CA 80
RECESS At 5:05 P.M. Mayor
EXECUTIVE SESSION Garthe recessed the
meeting for an Execu-
tive Session to con-
sider potential litigation; at 5:45 P.M. the meeting recon-
vened and immediately recessed for dinner; Council again
reconvened at 7:50 P.M. with the same Councilmen present.
INVOCATION
PLEDGE OF ALLEGIANCE
Gary J. Adams of the Episcopal Church
Following the Pledge
of Allegiance to the
Flag, the Invocation
was given by Reverend
of the Messiah. CA 80.17
PUBLIC HEARING - REVIEW Mayor Garthe announced
ORDINANCE NO. NS-1286 - DOGS that this was the time
AMENDING ORDINANCE ORDERED and place for the
public hearing of a
review of Ordinance No. NS-1286 allowing three dogs per house-
hold without a kennel permit.
Ronald Wolford, Assistant City Manager, presented the Staff
report and stated that the Municipal Code was changed in
January 1976 because of requests from citizens that there
should be consistency among the various jurisdictions in the
County of Orange; that Santa Ana was the single agency still
limiting the number of dogs to two per household; that all the
other cities and the County allow three, except Costa Mesa,
where four are allowed; that the animal control program is
supported by license fees; that the City has licensed 55 house-
holds for three dogs for the current fiscal year; and that the
Staff recommendation is that no change be made.
Clerk of tke Council Florence I. Malone reported tkat tkere
were no communications that had not already been provided to
Council.
Speakers favoring reducing the number of dogs per residence
to two were:
Charlotte K. Owen, 2016 West 15th Street
Constance Sanso~ne, 2448 Riverside Drive
Gladys Beard, 1848 West 17th Street
The.proponents of repeal of the present ordinance, NS-1286,
stated that it violates the integrity of residential zoning;
that it conflicts with Zoning Code Section 41-49; that the
City should maintain its l~adership in dog control; that the
change from two dogs per household to three was unsolicited;
and that the ordinance decreases the effect of the Animal Con~
trol Division which is already understaffed. Health, sanitation
and enforcement factors were also cited as reasons for repeal
of the present ordinance.
CITY COUNCIL MINUTES 555 SEPTEMBER 20, 1976
A speaker opposed to the change in the present ordinance and
favoring three dogs per household was:
D. L. Van Gordon, 1520 West Occidental
Mr. Van Gordon stated that he didn't think there was much
difference between two or three dogs; that only 55 residences
registered a third dog; that persons over the age of 65
should be able to retain their pets free of charge.
There being no further speakers, Mayor Garthe closed the public
hearing.
On the motion of Councilman Yamamoto, seconded by Councilman
Ward and carried (6:0) unanimously, the City Attorney was
directed to prepare an ordinance limiting dogs per household
to two with three exceptions: 1) third dogs that are presently
licensed may be kept until the residents move from Santa Aha
er they no longer have the dogs;:i~) a third dog that is moved
to Santa Ana from an ~nge County city that allows three dogs
may be licensed and maintained; and 5) oallowances for a third
dog to be boarded temporarily. CA 95
PUBLIC HEARING - ORD. NS-1514 Mayor Garthe announced
BINGO GAMES - 2ND READING; ADOPTED that this was the time
RESOLUTION SETTING FEE ORDERED and place for the public
hearing of Ordinance
No. NS-1514 allowing and regulating bingo games in the City of
Santa Aha.
City Attorney Keith Gow reported that a first draft of the
ordinance has been prepared in response to requests made
before the Council some time ago following the adoption of
Proposition 9 which permitted the cities in the State to
adopt regulatory and licensing ordinances to permit the play-
ing of bingo in the respective cities under certain specified
limitations and terms; that the ordinance is basically what
the State law permits; that individuals are not eligible for
licensing, only groups raising money for religious, charitable,
scientific, testing for public safety, literary or educational
purposes, and for the prevention of cruelty to children or
animals; and a non-profit organization exempted from State
corporation taxes and which permits gifts to be deducted as
charitable contributions under the Internal Revenue Code;
that with respect to the fee, the ordinance as drafted pro-
vides for a one-time license until revoked; and that the State
law provides~that the fee charged cannot exceed the City's
cost of issuing the license.
Speakers in favor of the bingo ordinance were:
Joseph A. Wolnik, 2050 South Evergreen
Harold Heinly, American Legion representative, 1200 N. Main
Bob Stuart, Immaculate Heart of Mary, 1625 S. Pacific
Howard Way, 715 West Second Street
Joseph Vogel, 916 Garfield
Charles Schlegel, 11761 Irvine Blvd., Tustin
The proponents stated that adoption of the ordinance would pro-
vide needed funds for charitable and religious programs.
There were no--speakers in opposition to the ordinance; Mayor
Garthe closed the public hearing.
The ordinance as follows was placed on second reading and
adopted on the unanimously carried (6:0) motion of Councilman
Ortiz, seconded by Councilman Brandt:
CITY COUNCIL MINUTES 556 SEPTEMBER 20, 1976
ORDINANCB NO. NS-1S14 - AN ORDINANCE OP THE CITY
OF SANTA ANA AMENDING THE SECTIONS 10-S8 THROUGH
10-65, RELATING TO THB REGULATION OF BINGO GAMES.
By subsequent motion made by Councilman Brandt, seconded by
Councilman Ward and carried (6:0) unanimously, the City
Attorney was directed to prepare a resolution setting a
one-time permit fee of $280. CA 91.10
RECESS At 9:05 P.M. Mayor
Garthe declared a
recess; at 9:20 P.M.
the meeting was
reconvened with the same Councilmen present.
PUBLIC HEARING - EIR Mayor Garthe announced
LAND USE - N/E CORNER RAITT ~ that this was the time
SBGBRSTROM - APPROVED and place for the public
hearing of Environmental
Impact Report No. ?6-2 concerning land use at the northeast cor-
ner of Raitt Street and Segerstrom Avenue. Councilman Bricken
stated that he had been involved in preparation of part of the
EIR, and declaring a conflict of interest, he left the Council
Chambers.
Planning Director Charles Zimmerman stated that the Planning
Commission had unanimously approved the Environmental Impact
Report to rezone the subject property from O (Open Space) to
Ri (Single Family Residential) and to amend the General Plan
in accordance therewith on August 25, 1976.
Clerk of the Council Florence Malone reported that there were
no written communications.
Gary Frye of the Lyon Corporation, 5211 Highland, Yorba Linda
stated that he represented the applicant and would be available
for any questions.
Clarence Ashburn of Bnvista, Inc., the preparers of the Environ-
mental Impact Report, came forward to answer Councilman Ward's
question concerning the flood potential; the impact was
stated to be "not significant".
There being no further speakers, the May6r cio§ed the public
hearing.
Councilman Ward stated that the EIR should address the problem
of the Flood Plain. The Environmental Planner, representing
Envista, Inc. (the company that had prepared the BIR), stated
that there is a flooding problem abutting the park; that there
are no indications as to proposed mitigations from the Flood
Control District; and that drainage from the project site
itself is not expected to impact significantly.
On the morion of Councilman Yamamoto, seconded by Councilman
Brandt and carried (5:0) unanimously, the Council adopted
the Draft Environmental Impact Report, all written materials
pertaining thereto, and all verbal comments as the Final
Environmental Impact Report, and certified that it has been
completed in compliance with CEQA and the City's rules and
regulations, and that the Council has reviewed and considered
the information contained therein as it relates to: 1) Gen-
eral Plan Amendments~76-2 and 76-5; 2) Amendment Applications
745 and 746; and $) Tentative Tract Map No. 9222. Council-
man Bricken returned to the Council Chambers. CA 10
CA 78.5
CA 24
CITY COUNCIL MINUTES 557 SEPTEMBER 20, 1976
PUBLIC HE~RING Mayor Garthe announced
GENERAL PLAN AMENDMENT 76-2 that this was the time
RESOLUTION 76-177 ADOPTED and place for the pub-
lic hearing of General
Plan Amendment 76-2 to amend the Open Space Element of the
General Plan to delete approximately 9.5 acres located on
the northeast corner of Raitt Street and Segerstrom Avenue
from the Open Space Element designated for Parks, Recreation
and Open Space and redesignate as Low Density Residential in
accordance with Exhibit 76-2.
Planning Director Charles Zimmerman stated that about 1-1/2
years ago when the Open Space Element was adopted the property
was owned by the School District; that it had been declared
surplus and sold to the Lyon Company; and that the Amendment
to the General Plan was approved by the Planning Commission
on August 25, 1976.
Proponent Gary Frye, representing the Lyon Comp~n~, stated
that a tremendous amount of time had been spent to work out
an optimum plan for all the properties_concerned; and that he
would be available to answer questions on tiny of the following
Agenda items relating to proposed Tract 9222. He emphasized
that all of the Agenda items pertaining to the Tract had been
unanimously approved by the Planning Commission with the sup-
port of residents from the area.
There being no further speakers, the Mayor closed the public
hearing.
On the motion of Councilman Brandt,
and carried (6:0) unanimously, the
adopted:
seconded by Councilman Ward
following resolution was
RESOLUTION NO. 76-117 - A'RESOLUTION OF THE'CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND
USE AND OPEN SPACE ELEMENTS OF THE GENERAL PLAN BY
REDESIGNATING 9.5 ACRES LOCATED AT RAITT STREET
AND SEGERSTROM AVENUE FROM OPEN-SPACE TO LOW-DENSITY
RESIDENTIAL.
CA 78.5
PUBLIC HEARING Mayor Garthe announced
AMENDMENT APPLICATION 745 that this was the time
ORDINANCE NS-1522 - 1ST READING and place for the public
hearing of Amendment
Application 745 to rezone property located at the northeast
corner of Raitt Street and Segerstrom Avenue from the O (Open
Space) District to the R1 (Single Family Residence) District,
or a more restrictive District.
The Planning Director stated that the developer plans single
family residences on the approximately 9.5 acres purchased
from the School District, and that the zone change was approved
by the Planning Commission on August 23, 1976, on the basis
that it will conform to General Plan Amendment 76-2 and will
not be detrimental to the surrounding area, and will be com-
patible with existing development.
There being no further speakers, the Mayor closed the public
hearing.
On the motion of Councilman Brandt, seconded by Councilman Ward,
-and carried (6:0) unanimously, the ~ollowing ordinance was
placed on first reading:
ORDINANCE NO. NS-1322 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
?43 FILED BY THE SANTA ANA UNIFIED SCHOOL DISTRICT
CITY COUNCIL MINUTES 358 SEPTEMBER 20, 1976
RBZONING PROPERTY FROM THE O (OPEN SPACE) DISTRICT
TO THB RI (SINGLE-FAMILY RESIDENCE) DISTRICT, AND
AMENDING SECTIONAL DISTRICT MAP 26'5-10.
CA 10
PUBLIC HEARING Mayor Garthe announced
GENERAL PLAN AMENDMENT 76-3 that this was the time
RESOLUTION 76~18ADOPTBD and place for the public
hearing of General
Plan Amendment 76-5 to delete 1.52 acres of property located
on the north side of Segerstrom Avenue approximately 550 feet
east of Raitt Street from the 0 (Open Space) Element designated
for Parks, Recreation and Open Space, and redesignate as Low
Density Residential, in accordance with Exhibit 76-3.
The Planning Director stated that because of intersection
problems on Segerstrom Avenue and to facilitate vehicular
access to Thornton Park, the City of Santa Ana Recreation
and Parks Board and the Planning Commission have acted to
-recommend to the City Council that the City agree to surplus
the 1.$2 acre parcel and to amend the General Plan to obtain
consistency of R1 (Single Family Residence) zoning in the
area; and that the proposal will improve the site to provide
a street as an entrance to the park and to provide a buffer
between the residential development and the park site.
On the unanimously carried (6:0) motion of Councilman Yamamoto,
seconded by Councilman Brandt, the following resolution was
-adopted:
RESOLUTION NO. 76-118 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND
USE AND OPEN SPACE ELEMENTS OF THE GENERAL PLAN
BY REDESIGNATING 1.5 ACRES LOCATED NORTH OF SEGER-
STROM AVENUE AND 550 FEET EAST OF RAITT STREET FROM
OPEN SPACE TO LOW-DENSITY RESIDENTIAL.
CA 78.5
CA 10
PUBLIC HEARING Mayor Garthe announced
AMENDMENT APPLICATION 746 that this was the time
ORDINANCE NS-1525 1ST READING and place for the public
hearing of Amendment
Application 746 to rezone property located on the north side
of Segerstrom Avenue approximately 550 feet east of Raitt
Street from the 0 (Open Space) District to the RI (Single
Family Residence), or a more restrictive District.
The Planning Director stated t~at the proposed rezoning was
approved by the Planning Commission August 25, 1976, in con-
junction with the approval of the General Plan Amendment
preceding this matter, on the basis that it will conform to
General Plan Amendment 76-5; and that it will not be detri-
mental to the surrounding area, and will be compatible with
existing development.
There being no speakers, the Mayor closed the public hearing.
On the motion of Councilman Brandt, seconded by Councilman Ward,
and carried unanimously (6:0), the following ordinance was
placed on first reading:
ORDINANCE NO. NS-1323 - AN ORDINANCE OF Tile CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
?46 INITIATED BY THE PLANNING COMMISSION REZONING
PROPERTY FROM THE O (OPEN SPACE) DISTRICT TO THE
Ri (SINGLE FAMILY RESIDENCE) DISTRICT, AND AMEND-
ING SECTIONAL DISTRICT MAP 26-5-10.
CA 10
CITY COUNCIL MINUTES 559 SEPTEMBER 20, 1976
TENTATIVE TRACT MAP 9222 Tentative Tract Map 9222
APPROVED -filed on July 19, 1976 by
William Lyon Company
creating 50 "0" lots
(property rezoned in previous action on this date) to be used
for single family residential purposes and located generally
on the northeast corner of Raitt ~nd Segerstrom Avenue was
approved subject to conditions contained in the Planning Direc-
tor's Report on the motion of Councilman Brandt, seconded by
Councilman Yamamoto and carried (6:0) unanimously. CA 24
CONDEMNATION HEARING Mayor Garthe announced
1701 N. LINWOOD that this was the time
CONTINUED and place for the public
hearing of the condemna-
tion of property on the north side of Seventeenth Street
between Santiago and Wright Streets (1701 N. Linwood), which
had been continued by Council from the September 7, 1976
meeting to allow absent Councilmen to listen to tape record-
ings and prepare to vote.
City Attorney Keith Gow announced that negotiations for the
property had continued since September 7 and that it was his
understanding that a recent offer by the City had been
accepted by the property owner, Kam Yee. Mr. Gow recommended
to the Council that the public hearing be closed and the
matter continued to October 4, 1976 to allow adoption of a
resolution of condemnation if the negotiations were not suc-
cessful.
The property owner was not present and the Mayor closed the
public hearing.
On the unaninimously approved (6:0) motion of Councilman Brandt,
seconded by Councilman Ward, the matter was continued to Octo-
ber 4, 1976, for a report from the City Attorney regarding the
negotiations. CA 71
CONDEMNATION HEARING Ma)rot Gar-the announced
5428 W. STH STREET (SILVER ACRES) that this was the time
RESOLUTION 76-111 ADOPTED and place for condemna-
tion hearing concerning
property at 5428 West Fifth Street lying within the Silver
Acres Assassment District and designated for acquisition as
right of way (three parcels).
~Public Works Director John Stevens stated that the Silver Acres
Assessment District includes plans to improve portions of
Cooper Street and drainage facilities on West Fifth Street,
~ich improvement requires the acquisition of portions of
property located at 5428 West Fifth Street; that the parcel
under consideration is a 50 foot strip which would comprise
half of Cooper Street, and a 6 foot strip that would provide
drainage from Fifth Street to Cooper Street, and a 20 foot
wide temporary construction easement to construct the 6 foot
drainage strip; that the Assessment District was formed in
response to a petition by the residents of the Silver Acres
area to improve streets to provide better circulation, and
to correct and improve poor drainage conditions in the Dis-
trict; and that acquisition of al-1 otheT pa.rcels needed has
been accomplished.
Mr. Richard Atkinson, attorney for the property owner, stated
that his client, Mr. Lutman, is concerned with future plans
for street improvement that would cut through his property
to connect Cooper and Fifth Streets; and that as Mr. Lutman's
attorney he disagrees with Staff that there are no severance
damages.
CITY COUNCIL MINUTES
360 SEPTEMBBR 20, 1976
John Stevens, Public Works Director, stated that the City
has no plans for extending Fifth Street; that it acts as a
cul de sac street and there is no reason to extend it.
Mr. Atkinson stated that he and his client were not satis-
fied with the explanation given.
After a discussion by Councilmen, the Mayor closed the pub-
lic hearing.
Councilman Bricken stated that he would support the resolu-
tion on the basis of the information provided by Staff and
the coraments of the property owner's representative.
On the motion of Councilman Brandt, seconded by Councilman
Ward, and carried (6:0) unanimously, the following resolu-
tion was adopted:
R~SOLUTION NO. 76-111 - A R~SOLOTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND
DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY
FOR STRFET WIDENING AND DRAINAGE FACILITIES IN THE
SILVER ACRES AREA OF THE CITY OF SANTA ANA, STATE
OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY
THEREFOR.
CA 71
CA 90
PUBLIC HEARING Mayor Garthe announced
CONFLICT OF INTEREST CODE that this was the time
ADOPTED and place for the public
hearing of Conflict of
Interest Code for the members of the City Council.
City Attorney Keith Gow announced that the Political Reform
Act of 1974 Proposition 9 - requires that governmental
agencies adopt a conflict of interest code for itself;
that the Fair Political Practices Comlnission which is charged
with overseeing these requirements has set a deadline for
the adoption of such a Code as October 10, 1976; and that
the resolution presented has been approved by th~ Fair Politi-
cal Practices Commission and it is the form used by most of
the cities.
As there were no speakers, Mayor Garthe closed the public
hearing.
On the unanimously carried (6:0) motion of Councilman Yamamoto,
seconded by Councilman Ward, the following resolution was
adopted:
RESOLUTION NO. 76-119 - A RESOLUTION OF THE CITY
COUNCIL OF THF CITY OF SANTA ANA ADOPTING A CON-
FLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS
OF THE CITY COUNCIL PURSUANT TO THF POLITICAL
REFORM ACT OF 1974.
Councilman Ward asked that a copy of Proposition 9 be placed
in the Council Reading File for reference. CA 80
ILLEGAL ALIEN POLICY Santa.Aha Police Depart-
POLICE DEPARTMENTAL ORDER 23-A ment Departmental Order
DRAFT #10 - APPROVED No. 25-A, Draft #10,
and the Alien Problem
Information Form were approved and Chief Raymond Davis directed
to implement the policy immediately, on the motion of. Council-
man Brandt, seconded by Mayor Garthe and carried (5:1), with
Councilman Ortiz dissenting. A prior motion by Councilman
Ortiz not to approve a City policy concerning illegal aliens
failed for lack of a second.
CITY COUNCIL MINUTES 361 SEPTEMBER 20, 1976
Prior to the action taken, Chief Raymond Davis stated that a
number of public hearings had been conducted to seek out the
opinions of Santa A~a residents regarding the enforcement of
immigration laws; that at the Council meeting held on Septem-
ber 7 the Human Relations Commission had reconunended approval
of Draft No. 8 of Departmental Order No. 25-A, with some
modification.
The Chief stated further that Draft No. 10 responds to the
HRC recommendations; that as requested all statements relating
haet-°ve'b'en being known as a haven and thus creating a stigma"
deleted; that special forms to be utilized during
the enforcement action will provide a more restrictive and
intense monitoring system; that Draft No. 10 does not respond
to the HRC recommended wording that an individual be "suspected
and booked" and the wording of Draft 10 states" is
identified as a suspect or is arrested for viola~ign'of a
state or local statute "(Reference paragraph 2 of the
"Procedure" set forth on page 2 ef Departmental Order No. 25A
- Draft 10).
By unanimous vote, Council listened to comments from the
following:
Harold Heinly, 1200 North Main
Zeke Hernandez, Chairman of Human Relations Commission
Ray Villa, 2106 North Bristol
Eduardo Reyes, S05 West Williamson, Fullerton
Ruth Chaidez, 2000 West Walnut
A1 Amezcua, 1246 South Rosewood
Juan Avila, 141S South Poplar
Mr. Heinly stated that there was nothing in the Departmental
Order contrary to what has been going on for a long period of
time.
Chairman Hernandez stated that in his opinion the HRC should
have had a better opportunity to comment on Draft 10, to
participate in its formulation, and to define the term "sus-
pect''. Mr. Villa concurred that the HRC should review Draft
10 for further recommendation.
The other speakers opposed Draft 10 on the basis that it
would result in harassment and racism.
Council also received written communications from Human Rela-
tions Commissioner Roy Uno; Melinda Byrd, Federation of
Mexican Women of Orange County; and the following:
Proponents of
Departmental Order 25-A
Opponents of
Departmental Order 25-A
R. G. Baltazar Jeff Genet
Isabel Moore
CA 151.1
CA 47
ORAL COMMUNICATION Clerk of the Council
ALMA PARADE - WAIVER OF FEB Florence Malone advised
FOR SHOWMOBILE - APPROVED Council that she had
received an oral request
from members of the Assistance League of Mexican-Americans
organization for a waiver of fee for use of the showmobile
on September 26, 1976, in connection with the scheduled ALMA
Mexican Independence Day Parade.
CITY COUNCIL MINUTES 362 SEPTEMBER 20, 1976
The waiver was granted on the unanimously approved (6:0)
motion o£ Councilman Yamamoto, seconded by Councilman Brandt,
subject to arrangements for showmobile use that would be
satisfactory to the Delhi Organization, because of a previous
Council action to approve their use of the Showmobile on the
same date, September 26. CA 45.1
ADJOURNMENT
At ll:0S P.M. Mayor
Garthe adjourned the
meeting.
FLOP,~ICE I.
CLERK OF THE COUNCIL
CITY COUNCIL MINUTBS 563 SEPTEMBER 20, 1976