HomeMy WebLinkAbout10-26-1976MINUTBS OF THE ADJOURNED RBGULAR MEETING
AND THE REGULAR MBBTING
OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA, CALIFORNIA
October 26, 1976
The meeting was called to order by Mayor John Garthe at 2:00
P.M. in the Council Chambers, 22 Civic Center Plaza. The
following Council members were present: David F. Ortiz,
Harry K. Yamamoto, David L. Brandt, James E. Ward, and Mayor
John Garthe. Councilmen Gordon Bricken and Vernon S. Evans
were absent. Also present were the following members of
Staff: City Manager Bruce C. Spragg, City Attorney Keith L.
Gow, Director of Public Works John E. Stevens, Planning
Director Charles C. Zimmerman, and Clerk of the Council
Florence I. Malone. (Note: The Adjourned Regular Meeting
was in progress from 2:00 P.M. until S:00 P.M., at which
time the meeting continued as a regularly scheduled fourth
Tuesday session.)
PLEDGE OF ALLEGIANCE
INVOCATION
David F. Ortiz.
Following the Pledge
of Allegiance to the
Flag, the Invocation
was given by Councilman
RECESS At 2:02 P.M. the
COMMUNITY REDEVELOPMENT AGENCY meeting was recessed
HOUSING AUTHORITY to convene the adjourned
regular meeting of the
Community Redevelopment Agency; Council reconvened at 2:55
P.M. and immediately recessed to convene the regular meeting
of the Housing Authority. The Council meeting was reconvened
at 2:58 P.M. with the same Council members present.
CONSENT CALENDAR Item 7 B was removed
ITEMS REMOVED from the Consent Calen-
dar upon the request
of Councilman Ward;
Item 2 B was delete~ from the Agenda, as requested by Staff.
CONSENT CALENDAR On the unanimously
STAFF RECOMMENDATIONS approved (5:0) motion
APPROVED of Councilman Ward,
seconded by Councilman
Brangt, Council approved the staff recommendations on the
following Consent Calendar Items:
MINUTES
October 4, 1976.
BID CALLS
for bids on the following:
Approved the Minutes
of the Regular Meetings
of September 28 and
Approved plans and
specifications, and
authorized advertisement
PROJECT 2046~- Construct left turn pocket
in Dyer Road at Pullman Street.
CA 89
CITY COUNCIL MINUTES 393 OCTOBER 26, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
BID AWARDS
bidder:
Awarded the following
on basis of lowest
responsible and best
PROJECT 1572 - Improve Bear and Raitt
Streets at Southern Pacific Railroad
Crossings north of Alton Avenue;
awarded~to Sully Miller Construction
· Contracting Company in the amount of
$25,428.2S.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed
Staff report of the
following:
CARREON, Xina Y. - 5601 West First
Street - Person to Person Transfer ~
Type "42" On Sale Beer and Wine (Bona
Fide Public Eating Place).
CHILCOTE, Wilbur Byron ~ RAGUSA, Joseph
E. - 420 East Alton Street (rear)
Original - Type "09" Beer ~ Wine
Importer - Original - Type "17" Beer ~
Wine Wholesalers.
MORA, Aristeo Mora and Maria Refugio -
407 Missouri Lane - Original - Type "20"
Off Sale Beer & Wine.
NEGATIVE DECLARATIONS Approved and filed
CATEGORICAL E~EMPTION the Negative Declara-
VARIANCES CUP tion$ and Categorical
Exemption, and Plan-
ning Commission Findings of Fact on the following:
NEGATIVE DECLARATION ~ VA 76-55 Filed
by Rena Melton to construct an ll-unit
complex with four duplexes and one tri-
plex on a parcel larger than one half
acre at 281S W. Edinger in the R2 District.
APPROVED with nine-unit maximum.
CATEGORICAL EXEMPTION ~ VA 76-S4 - Filed
by Pacific Farms/Pick Ranches to allow
canopy signs for a commercial center at
2525 North Grand Avenue in the CS District.
APPROVED.
NEGATIVE DECLARATION & VA 76-55 Filed
by Warmington Development, Inc. to estab-
lish a model home and sales office com-
plex, including offstreet parking for
Tract 9046, at 1710 S. Douglas Street in
the Ri-PRD District. APPROVED.
NEGATIVE DECLARATION ~ CUP 76-25 - Filed
by the First Baptist Church to allow con-
tinuation of an existing nursery school
on church property located at 1010 W.
17th Street in the C1 District. APPROVED.
CA 89
CA 1~6
CA 15
CITY COUNCIL MINUTES 394 OCTOBER 26, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
NEGATIVE DECLARATION-& CUP 76-24 - Filed
by Rena Melton to allow condominium con-
version of a 9-unit complex on a parcel
larger than one-half acre at 281S W.
Edinger in the R2 District. APPROVED.
TENTATIVE PARCEL & Approved and filed the
TRACT MAPS Negative Declarations,
and approved the follow-
ing maps subject to conditions contained in Plan-
ning Director's reports; waived alley requirement
on Map No. 97S:
NEGATIVE DECLARATION & MAP NO. 975 Filed
on September 14, 1976 by Paul Queyrel
creating seven Mi parcels; all proposed
parcels to be used for industrial purposes;
generally located on the east side of Main
Street, 330 feet north of Alton Avenue.
NEGATIVE DECLARATION & MAP NO. 977 Filed
on September 16, 1976 by Grand Central Indus-
trial Centre creating two MI parcels; both
proposed parcels to be used for industrial
purposes; generally located on the south
side of Dyer Road, 165 feet west of Halladay
Street.
NEGATIVE DECLARATION & MAP NO. 978 Filed
on September 13, 1976 by EstoniA. Rose
creating two A1 parcels; both proposed
parcels to be used for residential purposes,
generally located on the south side of
Fifth Street, 660 feet west of Newhope
Street.
NEGATIVE DECLARATION & MAP NO. 8704 - Filed
on July 29, 1976 by Warmington Development
Inc. creating 53 R4 lots; all proposed lots
to be used for condominium residential pur-
poses; generally located on the northeast
corner of Williams Street and proposed
Wellington Avenue.
CHANGE ORDERS
Approved the following
Change Orders:
PROJECT 6118 - City Hall loading dock modi-
fications - Change Order #1 increasing the
cost $792.77 to modify existing electrical
lighting fixtures.
PROJECT 8074 Senior Citizens' Service
Center - Change Order #S increasing cost
1.14% or $3,099.10 for minor structural
ahanges.
AGREEMENTS
and Clerk:-
Approved the following
agreements and authorized
their execution by Mayor
ACQUISITION OF REAL PROPERTY -Between
City and Kam Foy Yee and Siu Loong Yee
for property located at 1701 Linwood
CA 13.1
CA25
CA 24
CA 89
CITY COUNCIL MINUTES 395 OCTOBER 26, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
Avenue (Parcel No. 396-221-38) to com-
plete the 17th Street widening.
AppRAISAL SERVICES - Between City and
Mark W. Linnes for Project 1363, widen-
ing of 17th Street between College
Avenue and King Street.
A-76-98
A-76-99
MAINTENANCE OF WATER RETENTION BASIN IN
TRACT 8415 - Between City and Warmington
Development, Inc. and the Shady Hollow
Homeowners Association.
A-76=100
RESIGNATION Accepted with regret
PLANNING COMMISSION the resignation of
Daniel E. Griset
from the Planning Commission, effective after
the October 11 Commission meeting, submitted by
letter dated October 5, 1976; and authorized
preparation of appropriate recognition of service.
CA 78.1a
LIABILITY CLAIMS
Administration.
COUNCIL REFERRAL suMMARy
Staff by Council.
Referred Claims received
from September,S0 to
October 14, 1976 to
Received and. filed
status report of
matters referred to
CA 65.7b
CA 80.2
PROCLAMATIONS Received and filed
report of Proclamations
issued by the Mayor
from September 28 to October 15, 1976.
CA 46
CONSENT CALENDAR FINIS
BID CALL-- SPEC 76-044
COMPACT AUTOMOBILES
DELETED FROM AGENDA
The following item
was deleted from the
Agenda as requested
by Staff:
SPEC 76-044 - Two compact size automobiles
for the Building Safety & Housing Depart-
ment. (Agenda Item 2 B)
CA 89
TRACT MAP NO. 9303 On motion of Councilman
SECURITY HOUSING COMPANY Ward, seconded by Coun-
APPROVED cilman Brandt, and
Carried (S:0), Council
approved and filed the Negative Declaration~ and approved the
following Map subject to the conditions contained, in Planning
Director's report, and subject to the condition that the owner
of the property notice all potential buyers that the residences
adjoin the greenbelt area to make sure they are aware of the
bike trail usage:
NEGATIVE DECLARATION & MAP NO. 9503 - Filed
on August 11, 1976 by Security Housing
Company creating 11 R2 and Ri lots; all pro-
CITY COUNCIL MINUTES
396
OCTOBER 26, 1976
posed lots to be used for residential
purposes; generally located on the west
side of Fairview Street, south of the
Santa Ana River. (Agenda Item 7 E)
CA 24
READING WAIVED On the unanimously
approved (S:0) motion
of Councilman Ward,
seconded by Council-
man 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-1519 The following ordinance,
EMPLOYEE PROCEDURES approved and recommended
FIRST READING by the Personnel Board,
was placed on first
reading on motion of Councilman Yamamoto, seconded by Council-
man Brandt, and carried (4:1), with Councilman Ortiz dissenting:
ORDINANCE NO. NS-1319 - AN ORDINANCE OF THE
CITY OF SANTA ANA ESTABLISHING PROCEDURES TO
BE IMPLEMENTED PRIOR TO THE SUSPENSION, DB-
MOTION OR DISMISSAL OF NON-PROBATIONARY
EMPLOYEES FROM THE COMPETITIVE SERVICE.
CA 50
ORDINANCE NO. NS-1324 Council placed the
NUMBER OF DOGS following ordinance on
ADOPTED second reading, and
it was unanimously
adopted (5:0), on motion of Councilman Ward, seconded by
Councilman Yamamoto:
ORDINANCE NO. NS-1324 - AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING SECTION 5-50 OF
THE SANTA ANA MUNICIPAL CODE, RELATING TO
LIMITATIONS ON THE NUMBER OF DOGS.
CA 95
ORDINANCE NO. NS-1325 .~Councilman Yamamoto's
PUBLIC NUISANCE - THEATERS motion to place the
ADOPTED following ordinance on
second reading and
adopt was seconded by Councilman Ward, and carried (4:1),
with Councilman Brandt dissenting:
ORDINANCE NO. NS-1325 --AN EMERGENCY ORDINANCE
OF THE CITY OF SANTA ANA AMENDING SECTIONS
12-101 THROUGH 12-105 OF THE SANTA ANA MUNICIPAL
CODE DECLARING THE COMMERCIAL EXPLOITATION OF
PATENTLY OFFENSIVE SEXUAL CONDUCT IN LEWD FILMS
AND THEATERS EXHIBITING THE SAME TO B~ A PUBLIC
NUISANCE AND ORDERING THEIR ABATEMENT.
Prior to the vote there were two speakers with questions. Both
Jim Edwards, 232 Iris, Corona Del Mar, operator of the Bristol
Theater, and A1 Lee, District Manager of United Artists Thea-
ters, expressed some apprehension with regard to X-rated movies
which both theaters show occasio~nally;-they stated that they
wondered if those movies would fall under this ordinance. Mr.
Gow responded by s{ating that the ordinance essentially deals
with the definition that the United States Supreme Court has
settled on to define obscenity; that the first amendment pro-
tects films which, when considered as a whole, and in the con-
text in which they are used, possess serious literary, artistic,
political or scientific value; that the ordinance will apply
only to films that the courts will uphold to be obscene.
CITY COUNCIL MINUTES 39? OCTOBER 26, 1976
Councilman Brandt moved to continue the second reading and
adoption of ordinance NS-152S to November 1S; his motion
was not seconded. CA 149
CA 155.7
ORDINANCE NO. NS-1326
BINGO GAME LICENSES
ADOPTED
adopted (S:O), on the motion of Councilman Ward,
Councilman Brandt: _
ORDINANCE NO. NS-1526 - AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING SECTION 10-60.4
OF THE SANTA ANA MUNICIPAL CODE, PERTAINING
TO BINGO GAN[E LICENSES. (Limits permit
period to three years.)
Council placed the
following ordinance
on second reading and
it was unanimously
seconded by
CA 91.10
ORDINANCE NO. NS-1328
AMENDMENT APPLICATION NO.
ADOPTED
747
(5:0) motion*of Councilman Ward,
The following ordinance
was placed on second
-reading and adopted on
the unanimously carried
seconded by Councilman Ortiz:
ORDINANCE NO. NS-1328 - AN ORDINANCE OF THE
CITY OF SANTA ANA APPROVING AMENDMENT APPLI-
CATION NO. 74? FILED BY WILLIS BOYD, SR.
REZONING PROPERTY FROM THE A1 (GENERAL' AGRI-
CULTURAL) USE DISTRICT TO THE Mi (LIGHT
INDUSTRIAL) USE DISTRICT, AND AMENDING
SECTIONAL DISTRICT MAP 17-5-9. (Southeast
corner of McFadden Avenue and Ritchey Street).
CA 10
ORDINANCE NO. NS-1329
AMENDMENT APPLICATION 749
ADOPTED
seconded by Mayor Garthe,
--Councilman Ward's motion
to place the following
ordinance ~n second
reading and adopt was
and carried unanimously (5:0):
ORDINANCE NO. NS-1329 - AN ORDINANCE OF THE
CITY OF'SANTA ANA APPROVING AMENDMENT APPLI-
CATION NO. 749 FILED BY ARNOLD B. GASSER,
PAULA GASSER, AND COMMONWEALTH SERVICE CORP.
RBZONING PROPERTY FROM THE C1 (COMMUNITY
COMMERCIAL) USE DISTRICT TO THE Ri (SINGLE
FAMILY RESIDENCE) USE DISTRICT, AND AMENDING
SECTIONAL DISTRICT MAP 22-5-i0. (South of
Borchard between Fairview and Sullivan
Streets).
CA 10
ORDINANCE NO. NS-1330
ANIMAL CONTROL
ADOPTED
on the motion of Councilman Ward,
(5:0):
Council placed the
following ordinance on
second reading and
it was adopted unanimously,
seconded by Councilman Ortiz
ORDINANCE NO. NS-1330 -AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING THE SANTA ANA
MUNICIPAL CODE BY AMENDING SECTION 5-3 AND
ADDING SECTION 5-10.1 RELATING TO ANIMAL
CONTROL.
CA 95
CITY COUNCIL MINUTES 398 OCTOBER 26, 1976
ORDINANCE NO. NS-i$S1 The following ordinance
OBSTRUCTIVE MATTER - RIGHT OF WAY was continued to
CONTINUED November 1S, 1976, on
the unanimously approved
(S:0) motion of Councilman Ward, seconded by Councilman
Yamamoto:
ORDINANCE NO. NS-1551 - AN ORDINANCE OF THE
CITY OF SANTA ANA ADDING SECTION 10~100 TO
THE SANTA ANA MUNICIPAL CODE PROHIBITING
OBSTRUCTIVE MATTER IN THE PUBLIC RIGHT-OF-
WAY.
CA 29
ORDINANCE NO. NS=1552 Council placed the
P.E.R.S. CONTRACT AMENDMENT following ordinance
FIRST REAUING on first reading, on
the unanimously
carried (5:0) motion of Councilman Ward, seconded by Coun-
cilman Brandt:
ORDINANCE NO. NS-1552 = AN ORDINANCE OF THE
CITY OF SANTA ANA AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY OF SANTA ANA AND THE BOARD OF AD-
MINISTRATION OF THE CALIFORNIA PUBLIC EM-
PLOYEES RETIREMENT SYSTEM. (Military buy
back provision)
CA 50.20
ORDINANCE NO. NS=1554 The following ordinance
MODELS ~ MODEL STUDIOS was.placed on first
FIRST READING reading on the unanimously
carried (5:0) motion of
Councilman Yamamoto, seconded by Councilman Brandt:
ORDINANCE NO. NS-1354 - AN ORDINANCE OF THE
CITY OF SANTA A~A AMENDING THE SANTA ANA
MUNICIPAL CODE BY ADDING SECTIONS 12-120
THROUGH 12-135 REGULATING FIGURE MODEL
STUDIOS AND FIGURE MODELS.
CA 91
RESOLUTION NO. 76-125 - VACATION The following resolution
NORTH OF 17TH, EAST OF MAIN was continued to
CONTINUED November 15, on the
unanimously approved
motion of Councilman Ward, seconded by Councilman Ortiz (5:0):
RESOLUTION NO. 76-125 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING A MAP AND DECLARING ITS INTENTION
TO VACATE A PORTION OF THE ALLEY IN BLOCK B
OP THE WILEY'S ADDITION TO THE TOWN OF SANTA
ANA, LYING NORTH OP SEVENTEENTH STREET, EAST
OF MAIN STREET AND WEST OF BUSH STREET IN THE
CITY OF SANTA ANA, CALIFORNIA; DIRECTING THE
CLERK OF THE COUNCIL TO FILE SAID MAP IN HER
OFFICE; DESCRIBING THE PORTION OF SAID ALLEY
TO BE VACATED; SETTING A PUBLIC HEARING
THEREON; AND DIRECTING NOTICE HEREOF TO BB
POSTED AND PUBLISHED.
Recommended by the Planning Commission on
September 15, 1976.
Continued from October 4, 1976.
CA 14
CITY COUNCIL MINUTES 399 OCTOBER 26, 1976
RESOLUTION NO. 76-128
LOCAL PARAMEDIC PROGRAMS
ADOPTED
Councilman Ward, and carried (5:0)
Councilman Brandt's
motion, to adopt the
following resolution
was seconded by
unanimously:
RESOLUTION NO. 76-128 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY-OF SANTA ANA
URGING THE CALIFORNIA STATE LEGISLATURE TO
ENACT LEGISLATION AUTHORIZING LOCAL PARA-
MEDIC PROGRAMS ON A PERMANENT BASIS.
CA 57
RESOLUTION NO. 76-129 Council approved Classifi-
ASSISTANT CITY ENGINEER tion Specifications for
ADOPTED Assistant City Engineer
and adopted the follow-
ing resolution on the unanimously carried (5:0) motion of
Ceuncilman Brandt, seconded by Councilman Ward:
RESOLUTION NO. 76-129 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OE SANTA ANA
AMENDING SECTION 3 OF RESOLUTION NO. 58-281
TO ADD THE CLASS TITLE OF ASSISTANT CITY
ENGINEER.-
CA 50.1
RESOLUTION NO. 76-130 Council approved Classifi-
MAINTENANCE COORDINATOR & SUPERVISOR cation Specifications for
ADOPTED Housing Maintenance
Training Coordinator and
Maintenance Instructor/Supervisor, and adopted the following
resolution, on the unanimously carried (5:0) motion of Councilman
Ward, seconded by Mayor Garthe:
RESOLUTION NO. 76-130 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY-OE SANTA ANA
AMENDING SECTION 5 OF RESOLUTION NO. 58-281
TO ESTABLISH TME CLASSES OF HOUSING MAIN-
TENANCE TRAINING COORDINATOR AND MAINTENANCE
INSTRUCTOR/SUPERVISOR.
CA S0.1
RESOLUTION NO. 76-151 Council adopted the
WARD BOUNDARY CHANGES followingresolution
ADOPTED and set the matter for
public hearing on
November 15, 1976, on the unanimously carried (5:0) motion of
Councilman Ward, seconded by Councilman Brandt:
RESOLUTION NO. 76-151 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA, DECLARING ITS INTENTION TO
CHANGE BOUNDARY LINES OF WARDS AS REQUIRED
BY THE CHARTER OF THE CITY OF SANTA ANA AND
FIXING THE TIME AND PLACE OF PUBLIC HEARING
THEREON.
CA 108
RETENTION OF STATE OWNERSHIP OF Mayor Garthe was
UTT PARK IN CITY OF TUSTIN authorized to write
AUTHORIZED MAYOR TO SUPPORT a letter to the
State Department of
Transportation and to the California Highway Commission in
support of Resolution No. 76-108 adopted by the City of
Tustin on September 20, 1976 petitioning for the retention
of State ownership of a parcel of land known as Utt Park in
the City of Tustin, on the unanimously carried (5:0) motion
of Councilman Ortiz, seconded by Councilman Brandt. CA
29.10
CITY COUNCIL MINUTES 400 OCTOBER 26, 1976
RECESS
at 3:48
P.M. with the
At 3:36 P.M., Mayor
Garthe called a recess
of the meeting; the
meeting was reconvened
same Council members present.
CONDEMNATION - NORTH-SIDE OF City Attorney Keith
17TH STREET 1701 N. LINWOOD Gow said. that the
DELETED FROM AGENDA agreement with Mr.
Kam Foy Yee and Siu
Loong Yee for the purchase of property located at 1701 North
Linwood Avenue for the Seventeenth Street widening approved
on the Consent Calendar earlier in the meeting resolved this
matter, and the condemnation action was deleted from the
Agenda, on the motion of Councilman Ward, seconded by Coun-
cilman Brandt, and carried (5:0) unanimously. CA 29.8
CA 71
REQUEST FOR EXTENSION OF After an announcement
GREAT WESTERN RECLAMATION CONTRACT that a representative
CONTINUED of Great Western
Reclamation, Inc. had
requested a continuance to November 1, 1976, it was granted
on the unanimously approved (5:0) motion of Councilman Ward,
seconded by Councilman Brandt. A-76-42
POLICY - BIKE TRAILS
LANDSCAPING, MAINTENANCE & Assistant City Manager
CONSTRUCTION -RESPONSIBILITIES Ronald Wolford referred
DETERMINED to his report dated
October 14, and stated
that a policy question regarding responsibility for construc-
tion and maintenance of bike trails fronting on. new develop-
ments had arisen in conjunction with Parcel Map 926; that the
18 acres of property to be developed with 400 dwelling units
is at the northeast corner of MacArthur Boulevard and Bear
Street, and that Bear Street is designated as a bike trail
in the Master Plan.
Mr. Wolford stated further that the. questions to be decided on are
whether the developer should be required to bear all the cost
of the installation of the bike trail and landscaping of the
26-foot parkway area between curb and property line, and whether
the developer should be required to maintain the area after its
completion and acceptance by the City.
Speakers on the subject were:
Jim Clark, representing the owners of the property
Jack Fowler, representing the developer of the property
They stated that they would be willing to-install street trees
and a 15.S-foot wide combination pedestrian sidewalk and bike
trail at an estimated cost of $6,300., but that they felt that
the City should bear the cost of the installation of the irriga-
tion system and the balance of the landscaping of the 26-foot
right-of-way at an estimated cost of $11,300, and to maintain
the irrigation system, bike trail and landscaping at a cost of
$500 per year.
Council approved the following policy on motion of Councilman
Yamamoto, seconded by Councilman Ward, and carried (4:1), with
Mayor Garthe dissenting:
CITY COUNCIL MINUTES 401 OCTOBER 26, 1976
1)
z)
3)
Installation by developer shall include street
trees and a 13.S-foot wide combination pedestrian
sidewalk and bike trail at an estimated cost of
$6,300;
Installation by City shall include irrigation
system and landscaping to complete the improve-
ments within the 26-foot right-of-way-at an
estimated cost of $11,300;
Maintenance of the bike trail, landscaping and irri-
gation system within the 26-foot area shall be the
responsibility of the City at an estimated cost of
$S00 per year. CA 18.6
TITLE I - PUBLIC WORKS EMPLOYMENT The eight prioritized
ACT - PROPOSED PROJECTS projects proposed for
APPROVED grant consideration
und.er Title I of the
Public Works Employment Act of 19761 as proposed in the Assistant
City Manager's report dated October 14, 1976 were approved and
grant applications authorized, on the unanimously approved (S:0)
motion of Councilman Brandt, seconded by Councilman Ward.
CA 99
AUDIENCE MEASUREMENT FIRM PRACTICES The report of Deputy
INTERIM REPORT - REFERRAL #31-76 City Attorney Michael
FILED J. Karger dated
October 15, 1976 relat-
ing progress in implementing audience measurement practices
which would treat Orange County as a market separate from Los
Angeles was received and filed on the motion of Councilman
Ward, seconded by Councilman Brandt and carried (S:0)
unanimously. CA 153.3
HIRING MORATORIUM EXEMPTION On the request of
REQUEST - 5 POLICE PERSONNEL Police Chief Raymond
APPROVED Davi~ in his report
dated October 12,
1976, exemption from the hiring moratorium and immediate.
hiring for the following five vacancies was authorized on
the unanimously approved (S:0) motion of Councilman Brandt,
seconded by Councilman Ward:
3 Typist Clerks Ir
1 Police Service Officer
1 Emergency Services Dispatcher
CA SO
POSSIBLE COUNCIL VACANCY The opinion of the
FOLLOWING NOV. 2 ELECTION Deputy City Attorney
REFERRAL ITEM #45-76 Richard E. Lay
FILED; DELETED FROM SUM}4ARY dated Octeber 11, 1976
· that the offices of
Councilman and Supervisor could not be held concurrently
was received and filed, and Council Referral Item #45-76
was deleted from the Council Referral Summary, on the-motion
of Councilman Ward, seconded by Councilman Brandt, and
carried unanimously (5:0). CA 80
CITY COUNCIL MINUTES 402 OCTOBER 26, 1976
LEGISLATION RE RECIPIENTS OF
RELOCATION PAYMENTS
REFERRAL ITEM #44-76
RBFBRRBD
Following a discussion
of the legal opinion
of Deputy City
Attorney Harold R.
Stokes relating an
apparent inconsistency relating to the confidentiality of
names of recipients of relocation assistance payments and
the requirement to establish a relocation assistance appeals
board, the Council took the following action: On the motion
of Councilman Ward, seconded by Councilman Brandt, and carried
(5:0) unanimously, the City Attorney was directed to encourage
the State Legislature, in the interest of consistency, to
repeal Health and Safety Code Section 55418, which mandates
that the Redevelopment Agency keep confidential relocation
payments or to amend the public disclosure requirements pro-
vided in Government Code Section 7266(b) and the California
Public Records Act which mandate public disclosure of payments.
A subsequent motion directed the City Attorney to investigate
and make recommendations regarding the establishment of a
relocation appeals board, on the unanimously approved {5:0)
motion of Councilman Brandt, seconded by Councilman Ward.
CA 82.6
BOARDS ~ COMMISSIONS The biannual attendance
BIANNUAL ATTENDANCB REPORTS reports of the various
FILED City Boards and
Commissions were
received and filed on the motion of Councilman Brandt, seconded
by Councilman Ortiz, and carried (5:0) unanimously. CA 80,9
NEWPORT-IRVINE WASTE-MANAGEMENT Amendment No. 1 to the
PLANNING AGENCY - AMENDMENT NO. 1 Joint Exercise of Powers
CONTINUED; 2ND ALTERNATE APPOINTED Agreement between the
City and NIWA, and
Resolution No. 76-152, as follows, were continued to November 1,
1976, on the unanimously carried [5:0) motion of Councilman
Brandt, seconded by Councilman Ward:
RESOLUTION NO. 76-132 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
NEWPORT-IRVINE WASTE-MANAGEMENT PLANNING AGENCY
(NIWA) 1976-77 GENERAL ABD PROJECT COMMITTEE NO.
1 BUDGETS.
A preceding motion to approve Amendment No. 1 and to adopt
Resolution No. 76-152 as above, made by Councilman Ward,
seconded by Councilman Yamamoto.failed to carry (5:2), with
Councilmen Brandt and Ortiz dissenting.
Walter Shraub of the Public Works Department was designated
as second alternate director to NIWA, on the unanimously
approved (5:0) motion of Councilman Ward, seconded by Council-
man Brandt. CA 145.12
CA 80.1
1976 SPECIAL CENSUS Appropriation Adjust-
APPROPRIATION ADJUSTMENT #59 ment #59 to transfer
~PPKOVBD~ $4,750 from Council
Contingency for census
card processing and computer time in connection with 1976
Special Census, as requested by the Planning Department in
its report dated October 11, 1976, was approved unanimously
(5:0), on the motion of Councilman Ward, seconded by Council-
man Brandt. CA 65.5
CA 78
CITY COUNCIL MINUTES 405 OCTOBER 26, 1976
HOUSING MAINTENANCEr TRAINING Appropriation Adjustment
PROGRAM - A. A. #42 #42, to establish accounts
APPROVED to-receive and distribute
$234,890 Governor's
4% Special Discretionary Grant Funds to train CBTA clients and
upgrade substandard housing in low income areas, was approved
on the motion of Councilman Ward, seconded by Councilman Brandt,
and carried (S:0) unanimously. CA 65.5
CA 151.11
DRINKING DRIVER ENFORCEN~ENT Appropriation Adjustment
PROJECT - A. A. #43 #43, to establish accounts
APPROVED to receive and distribute
$186,540 in Grant Funds
from the California Office of Traffic Safety for.the Drinking
Driver Enforcement Project, was approved on the motion of
Councilman Brandt, seconded by Councilman Ward, and carried
{S:0) unanimously, CA 6S.3
CA 47
ORAL COMMUNICATION On the motion of Council-
SERVICE OF HANDICAPPED PERSONS man Ward, seconded by
SURVEY REQUESTED Councilman Brandt, and
carried (5:0) unanimously,
Staff was requested to survey the physically handicapped
deficiencies in the City building facilities, the cost of
correcting these deficiencies, the legal requirements to correct
them, and the legal risk if not corrected. CA 77
ORAL COMMUNICATION On the motion of Council-
SAFETY FOR PERSONS IN WHEELCHAIRS -man Ward, seconded by
REFERRED Councilman Brandt, and
carried (5:0) unanimously,
Staff was requested to develop a policy for wheelchair ramps
(skateboard ramps) at newly constructed street intersections
only, including a report from the Risk Manager of problems of
the skateboard ramps and the establishment of a City design
standard for these ramps with concurrence of the Blind Associa-
tion of the texture for wheelchair ramps, so that the blind
can identify and avoid the use of skateboard ramps. CA 35
ORAL COMMUNICATION
NEWSRACKS
and he:,requested enforcement of the
racks whenever there are violations.
Councilman Ward stated
that South Bristol
Street has an abundance
of-new~paper racks,
ordinance regulating news-
CA 153
ORAL COMMUNICATION
PUNITIVE DAMAGES
punitive damages.
Mayor Garthe requested
the City Attorney to
provide information
to Council regarding
CA 80
RECESS At 4:55 P.M. Mayor
EXECUTIVE SESSION Garthe recessed the
regular meeting to
ho%d an executive
session to discuss pending litigation; at 5:20 P.M. the Council
meeting was reconvened, and immediately recessed for dinne~;
Council reconvened at 7:50 P.M. with Councilmen Yamamoto,
Bricken and Evans absent.
CITY COUNCIL MINUTES 404 OCTOBER 26, 1976
PLEDGE OF ALLEGIANCE -Following the Pledge
INVOCATION of Allegiance to the
Flag, the Invocation
was given by Dr.
Donald E. Reiter of the First Baptist Church.- CA 80.17
PROCLAMATION PRESENTATION
"SERVICES FOR THE BLIND
COMMUNITY AWARENESS"
honoring his organization by Mayor
Mr. Jim Judge, Assistant
Director of Services
for the Blind, was
presented a Proclamation
Garthe. CA 46
BICENTENNIAL SALUTE BY The Korean Teenlife
KOREAN "TEENLIFB SINGERS" Singers entertained
the Council and its
audience by singing
three songs as a Bicentennial Salute to America. Field
Director, Reverend Paul J~ Park, expressed his great appre-
ciation for the kindness bestowed upon him and other orphans
by American citizens. Reverend Park then presented to the
Mayor a large pictorial book about Korea. Mayor Garthe
accepted with appreciation of the Council and the citizens
of Santa Aha. CA 75A
ORAL COMMUNICATION Mayor Garthe announced
GOLDEN CITY AWARDS BANQUET the 8olden City Awards
INVITATION EXTENDED Banquet to be-held on
November 4, 1976 at
the Saddleback Inn to honor the various individuals and groups
who have made outstanding contributions to the citizens of
Santa Ana, and he invited everyone to attend. CA 151.1
PUBLIC HEARING - VA 76-44; Mayor Garthe announced
CUP 76-21; ORDINANCE NS-1527 that this was the time
APPROVED; FIRST READING place for the public
hearing on the proposed
use of land at 1401 North Williams Street, the first considera-
tion being the Negative Declaration, followed by the proposed
rezone from R4 to the R4*PRD District, a Variance to allow
a single family detached condominium project with less than
the required 15-foot separation between main buildings and
with less than the required 50% open space and finally a con-
ditional use permit to permit a single family residential
condominium project and to allow the sale of condominium units
and lots in conformance with the R4-PRD District.
Charles Zimmerman, Planning Director, stated that the subject
property has 584 feet of frontage on Wellington Avenue and 645
feet of frontage on Williams Street, and contains 8~2 acres;
that the present zoning is R4 multiple family residential;
that the density proposed for the single family detached resi-
dential condominium project is 6.5 units per acre; and that
following two public hearings the Planning Commission unanimously
recommended approval.
There was no one in the audience to speak on this subject;
Mayor Garthe closed the public hearing.
On the motion of Councilman Brandt, seconded by Councilman Ward,
approved unanimously (4:0), the Negative Declaration was ap-
proved and filed, and Ordinance No. NS-1527 as follows was
placed on first reading:
CITY COUNCIL MINUTES 405 OCTOBER 26,1976
ORDINANCE NO. NS-1327 - AN ORDINANCE OF THE
CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION
NO. 745 FILED BY TUSFORD-WARMINGTON REZONING
PROPERTY FROM THE R4 (SUBURBAN APARTMENT) DISTRICT
TO THE R4-PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP
8-5-9.
CA 10
On the motion of Councilman Brandt, seconded by Councilman
Ward, and approved unanimously (4:0), the Planning Commission
Findings of Fact approving the following were received and filed:
VARIANCE 76-44 - Filed by Tusford-Warmington
Joint Venture to allow a single family detached
condominium project with less than the required
15-foot separation between Main buildings and
with less than the required 50% open space at
1401 North Williams in the R4 District.
CA 13
CONDITIONAL USE PERMIT 76-21 - Filed by Tusford-
Warmington Joint Venture to permit a single
family residential condominium project and to
allow the sale of condominium units and lots
in conformance with the R4-PRD District (AA ?45)
at 1401 North Williams.
CA 13.1
PUBLIC HEARING Mayor Garthe announced
APPEAL NO. 371 - VA 76-30 that this was the time
1010 W. 17TH STREET and place for the public
CONTINUED hearing of Appeal No.
371 of the approval
of Variance Application 76-30 to allow church parking along
the west property line at 1010 West Seventeenth Street in the
R1 and C1 Districts.
Charles Zimmerman, Planning Directory state~ that in 1951
Variance No. 299 was approved and an arrangement agreed upon
between the church and the single family residents adjoining
the west property line of the church that there would be a
buffer area of trees and landscaping; that the church is now
proposing:198 parking spaces and removal of the buffer area;
and that the affected residents have appealed the approval
of the variance recommended by the Planning Commission on
September 27, 1976.
Speakers in favor of the Appeal were:
W. Lyle Boyle, 161S-North Freeman
Dennis Hayden, 1417 North Freeman
Hazel E. Welty, 1601 North Freeman
Bob Tompkins, 1611 North Freeman
They stated that in 1971 the Planning Commission determined that
there would be material damage to the residences if the buffer
area were not maintained; that the barrier protected the privacy
of the residents; that there is enough area for perking without
violating the buffer area; and that the church never installed
the hedges and landscaping that were required by the 1951
variance, and the existing trees have not been properly cared for.
Those speaking in opposition to the Appeal were:
Fred Kearns, 15102 Flint Drive
Dr. Donald E. Reiter, First Baptist Church
Robert Savage, 2428 Oakmont, Architect
CITY COUNCIL MINUTES
406 OCTOBER 26, 1976
They pointed out that the Code has been changed since 1951 to
require one parking space for every 5 members, instead of one
parking space for every 10 members; that the parking spaces
would only be used from 8:50 to 1:00 P.M. on Snndays; that
the Planning Commission asked the Church Board to meet with
the neighbors, but a settlement could not be reached; that
the Church has not gone to double services because of its
schedule of activities; that the architect had proposed
several different parking configurations; and that the present
proposal appeared to be the most workable one.
Councilman Yamamoto joined the meeting at 8:30 P.M.
After Mr. Boyte's rebuttal reaffirming the residents' objec-
tions to the parking spaces along the property.line, Mayor
Garthe closed the public hearing.
Councilmen expressed disappointment with both parties that an
acceptable solution had not been negotiated.
On the motion of Councilman Brandt, seconded by Councilman Ward,
and carried (5:0) unanimously, the matter was continued to
November iS, 1976, to allow the parties to meet to work out a
solution to the controversy and to allow: Councilmen to study
the problem. CA 13.3
RECESS
reconvened.
At 9:00 P.M. Mayor
Garthe called for
a recess;.at 9:10 P.M.
~e, meeting'was
PUBLIC HEARING Mayor Garthe announced
APPEAL NO. 372 - VA 76-45 that this was the time
2258 SOUTH FLOWER and place for the public
DENIED hearing of Appeal No.
572 of the Planning
Commission denial of Variance Application 76-45 to convert an
existing service station building to a mini-market while
retaining the pump islands for self-service gasoline sales,
and to waive the front and side yard setbacks and a portion
of the required landscaping at 2238 South~Flower in the R1
District.
Charles Zimmmrman, Planning Director, stated that the location
at 2238 South Flower is adjoined by single family residences
to the west and south; that on September 27, 1976, by unanimous
vote, the Planning Commission recommended denial of the
variance; that there was opposition by the. residents and school
principals.
Speaking in favor of the Appeal was:
Richard Cooling, 205 Avenue I, Redondo Beach, Architect
Mr. Cooling stated that the proposed mini-market, would be for
the sale of foodstuffs only; that no magazines or newspapers
would be sold; that the plan is to paint up and improve the
building and to install landscaping; that more block will be
added to increase the height of the wall to separate Zhe mini-
market from the residences; and that a driveway will be closed
off to reduce hazard to pedestrians.
.CITY COUNCIL MINUTES
4O7
OCTOBER 26, 1976
Speakers in opposition to the Appeal were:
Dr. Richard Shoemaker, 11275 Amaganset Way, T~stin,
Principal of Washington Elementary. School
Richard Nightengale, 2234 South Flower
Anthony Ruiz, 2230 South Flower
Joe Berrera, 2206 South Flower
Florence Patrick, 3330 South Pomona, President,
Washington: School PTA .
Resident,. 2226 South Flower
Opponents pointed out that there are from 400 to 600 elementary
school children who use the intersection; that a traffic hazard
would be created for pedestrians; that a mini-market is not
needed in this area; and that there are a number of other
facilities available for food purchases.
Mr. Cooling rebutted by stating that he would be upgrading
the location to the advantage of the neighborhood.
Tkere being no further speakers, Mayor Garthe closed the hearing.
Councilman-~Brandt stated 'that it is a busy intersection, and
that it is too close to parks and schools, and that there are
many other markets in the area.
On the motion of Councilman Brandt, seconded by Councilman Ward,
and carried (S:0) unanimously, Appeal No. 572 was denied, and
the City Attorney was requested to prepare a Resolution affirm-
ing the decision of the Planning Commission to deny Variance
Application No. 76,-45. CA 13.3
ORAL COMMUNICATION City Attorney Keith
PUBLIC NUISANCE - MITCHELL BROS. Gow presented Resolu-
THEATER - RESOLUTION 76-154 ADOPTED tion No. 76-154,
entitled as follows,
which was forthwith adopted by title only, after full reading
was waived, on the motion of Councilman Yamamoto, seconded
by .Councilman Brandt, and carried (~:0),::with Mayor Garthe
abstaining because he had not reviewed the documents related
to the matter:
RESOLUTION NO. 76,154:- A RESOLUTION OF THE CIIY
COUNCIL OF THE CITY OF SANTA ANA DETERMINING THAT
THE REAL PROPERTY AND ACTIVITY KNOWN AS THE
MITCHELL BROTHERS' SANTA ANA THEATER, LOCATED AT
1565 WEST 17TH STREET, SANTA ANA, CALIFORNIA, IS
IN VIOLATION OF ORDINANCE NS-152S OF THE CITY OF
SANTA ANA; DECLARING SUCH ACTIVITY TO BE A PUBLIC
NUISANCE, REVOKING ALL LICENSES AND PERMITS, AND
ORDERING ABATEMENT; AND ORDERING THE CITY ATTORNEY
TO TAKE ALL STEPS NECESSARY TO COMPLY WITH SECTION
12-105 OF THE SANTA ANA MUNICIPAL CODE. CA 149
ORAL COMMUNICATION On the motion of Council-
COMMITTEE TO RECOMMEND CANDIDATE man Ward, seconded by
FOR APPOINTMENT TO WARD 7 Councilman Brandt, and
carried (S:0) unanimously,
Staff was directed to establish a committee to prepare recom-
mendations for appointment to Ward 7 which could be vacated as
a result of the November 2 election. CA 80
ADJOURNMENT
Mayor Garthe adjourned the meeting.
CITY COUNCIL MINUTES 408
At 9:42 P.M. on the
motion of Councilman
Ortiz, seconded by
Councilman Brandt,
OCTOBER 26, 1976
l:l. Ol~NCE I. /vlALONB
FLORENCE I. MALONE
CLERK OF THB COUNCIL
CITY COUNCIL MINUTBS
409 OCTOBER 26, 1976