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HomeMy WebLinkAbout12-06-1976MINUTES OF THE ADJOURNED REGULAR/REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 6, 1976 ADJOURNED REGULAR Beginning at 12:15 P.M., MEETING DEDICATION an informal dedication CAMPESINO PARK was held for Campesino Park at 3311 West Fifth Street attended by Councilmen Garthe, Ward, Brandt, Ortiz and Yamamoto. Following the Invocation, Councilman Yamamoto intro- duced City Councilmen, City Staff Members and Members of the Community in attendance. The dedication was concluded with a luncheon of traditional Mexican dishes. The City Council adjourned to its Regular Council Meeting in the Council Chambers at 2:00 P.M. CA 52 The meeting was called to order at 2:05 P.M. by Mayor John Garthe in the City Council Chambers, 22 Civic Center Plaza. The following Council members were present: David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward and Mayor John Garthe. Councilman Gordon Bricken arrived at 2:30 P.M. 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, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE man Ortiz. Following the Pledge of Allegiance to the Flag, the Invocation was given by Council- RECESS At 2:05 P.M. Council COMMUNITY REDEVELOPMENT recessed to convene AGENCY & HOUSING AUTHORITY the Community Redevelop- ment Agency; Council reconvened at 2:55 P.M. and immediately recessed to convene the Housing Authority. The Council meeting was reconvened at 2:56 P.M. with all Council members present. SPECIAL PRESENTATION Newly elected First ORANGE COUNTY REVENUE SHARING FUNDS District Supervisor, SUPERVISOR PHIL ANTHONY Phil Anthony, visited the City Council meeting to say "Hello" and to present Santa Ana with an Orange County Revenue Sharing check for the Santa Ana Senior Citizens Housing Project; he stated that he supports the project and will help carry it through to its completion. Mr. Anthony also ex- pressed his intention to work very closely with the City of Santa Ana and stated that he is looking forward to working together on many future projects. CA l12A CONSENT CALENDAR ITEMS REMOVED & DISSENTING VOTES were removed by Councilman Ward. follows: Councilman Yamamoto on Councilmen Evans Councilman Bricken removed Item 13 from the Consent Calendar; Items 5 A and S B NO votes were registered as Items 4 D, 4 F, and 4 G; and Brandt on Items 5 F, 5 G, and 7 B. CITY COUNCIL MINUTES 445 DECEMBER 6, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Consent Calendar items, on the motion seconded by Councilman Bricken: Council unanimously approved 7:0 the recommended action on the following of Councilman Evans, MINUTES 1976. Approved the Minutes of the Regular Meet- ing of November 15, BID CALLS ment for bids on the Approved plans and specifications and authorized advertise- following: PROJECT 4025 - C-5-F Storm Drain SPEC 76-058 - Sandblast or acid wash the concrete yard areas of seven fire stations SPEC 76-059 - Re-roof Fire Station #7 at 2317 So. Greenville SPEC 76-060 - Repair fire training building at 2726 South Grand CA 89 BID AWARD bidder: Awarded the following on the basis of lowest responsible and best PROJECT 2046 - Construction of a left- turn pocket on Dyer Road at Pullman Street; awarded to Va1 Foth & Sons, Bellflower, in the amount of $7,454.00. CA 89 ALOCHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report of the following: BEJAR, Joaquin 0., MELGOZA, Alfonso G. and MELGOZA, Jesus - 318 West Fourth Street - Original Type "20" Off Sale Beer & Wine. CALDWELL, H. L. and Nancy, and MILLER, Jeanette and John - 1712 C Newport Cir- cle - Original - Type "17" Beer & Wine Wholesaler - Original Type "9" Beer & Wine Importer. GASPORRA, Baltazar and Bonnie J. - 2107 East Seventeenth Street Dropping Partner - Type "47" On Sale General (Bona Fide Public Eating Place). HAGEN, Barbara E. and Jack E. 4406 West Street - Person to Person Transfer - Type "42" On Sale Beer & Wine (Public Premises). Councilman Yamamoto registered a NO vote. (Agenda Item 4 D) HANSEN, Glen C. and Kim C. 1927 West Seven- teenth Street - Person to Person Transfer Type "20" Off Sale Beer & Wine (Conditional #7). CITY COUNCIL MINUTES 446 DECEMBER 6, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued KUHNE, John J. and NICOSIA, Pietro 101 South Harbor - Person to Person Transfer - Type "40" On Sale Beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 F) MATNEY, Jackie D.'and Jimmy R. 2657 North Main St. Person to Person Transfer Type "40" On Sale Beer. Councilman Yamamoto regis- tered a NO vote. (Agenda Item 4 G) CA 146 NELSON, Kenneth E. 1640 E. Edinger, Unit O Original Type "20" Off Sale Beer & Wine. PROTEST - CUP REQUIRED. CA 146.1 SOUTHLAND CORPORATION - 2520 N. Grand Ave.- Dropping Partner Type "20" Off Sale Beer & Wine. WILSON FOOD SERVICE CORP. 3850 S. Plaza Dr. 100% Stock Transfer - Caterer's Permit Type "47" On Sale General (Bona Fide Public Eating Place).CA 146 VARIANCES & Approved and filed CONDITIONAL USE PERMITS Negative Declarations and Planning Commission Findings of Fact on the following: NEGATIVE DECLARATION & VA 76-64 - Filed by Warner-Susan Business Park to waive the Code requirement of integrated parking area for an industrial building at 2435 S. Anne St. in the Mi District. APPROVED. CA 13 NEGATIVE DECLARATION & VA 76-70 - Filed by William B. Rodiger, George P. Kinkle and Everett L. Spriggs to allow a parking lot and the expansion of an existing building within 10' of the front property line at 834 N. Ross St. in the P District. APPROVED. CA 13 NEGATIVE DECLARATION & CUP 76-27 Filed by Bobby Ray Mumford to allow a board and care home for six mentally retarded people at 305 S. Pacific in the RI District. DENIED. CA 13.1 NEGATIVE DECLARATION & CUP 76-22 - Filed by Levitt-West and William Lyon Co. to construct residential condominiums at 2413 S. Fairview in the R 2-PRD District. APPROVED. Council- men Evans and Brandt registered NO votes. (Agenda Item 7 F) CA 13.1 NEGATIVE DECLARATION & VA 76-51 - Filed by Levitt-West and William Lyon Co. to create one C4 parcel with less than the required area and to construct fourplexes in the R 2-PRD District with less than the required parking and open space (48.8%) at 2413 S. Fairview in the C4 and R 2-PRD Districts. APPROVED. Coun- cilmen Evans and Brandt registered NO votes. (Agenda Item 7 G) CA 13 CITY COUNCIL MINUTES 447 DECEMBER 6, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued DEEDS WITH CASH & Approved the following ESCROW - GRANTEE CITY deeds and authorized Mayor to sign all neces- sary documents in connection with the purchases: GOODMAN, ELLA, et al., -.Southwest corner of Flower and Seventeenth Street for street and vehicular access. ATCHISON, TOPEKA & SANTA FE RAILWAY CO. 1.62 acres north of Fairhaven, west of Glas- sell for the Northeast Reservoir. CA 155 DEED, NO CASH GRANTOR CITY Authorized execution of the following deed by Mayor and Clerk: CADILLAC FAIRVIEW/CALIFORNIA, INC. South side of Segerstrom, east of Harbor for vehicular access. CA 155 TENTATIVE PARCEL Approved and filed the & TRACT MAPS Negative Declarations, approved the following maps subject to conditions contained in Planning Director's reports, and waived alley requirement on Parcel Map No. 981: : NEGATIVE DECLARATION & PARCEL MAP NO. 981 Filed on October 24, 1976 by Republic Federal Savings & Loan creating two C1 parcels; both proposed parcels to be used for commercial purposes; generally located on the south side of 17th Street, 197 feet east of Tustin Ave. CA 25 NEGATIVE DECLARATION & TRACT MAP NO. 9505 Filed on August 20, 1976 by the William Lyon Company creating one C4 and eleven R2-pRD lots; all proposed lots to be used for commercial and residential purposes; generally located on the south sideof Warner between Greenville and Fairview Streets. Councilmen Evans and Br~ndt registered NO votes. (Agenda Item 7 B) CA 24 FINAL TRACT MAP the bonds in the execution of the Approved the following final map, accepted the dedications thereon, and amounts set, and authorized subdivision agreement:. MAP NO. 9444 - Southwest corner Alton Avenue and Greenville Street; 25 lots. CA 24 CHANGE ORDER Approved the following change order: PROJECT 1356B - Widen McFadden Avenue at SPRR CroSsing ~ Change Order No. 1 adding $1,72S.81 to cap abandoned water well, provide a 4" casing for a fire alarm conduit and to repair damaged curb. CA 89 CITY COUNCIL MINUTES 448 DECEMBER 6, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED ~ Continued AGREEMENTS and Clerk: Approved the following agreements and authorized their execution by Mayor ARCHITECTURAL PLANS & SPECIFICATIONS Between City and Allen and Miller for-two new restrooms and equipment storage rooms at Madison and Memorial Parks. A-76-110 LIABILITY CLAIMS November 30, 1976. BURGLARY PREVENTION INDEX - Between City and County for their participation in the program. (Third year) Referred to Administra- tion claims received from November 12 through A-76-111 CA 65.7b COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS ber 7 through November 14, Received and filed report of proclamations issued by the Mayor from Novem- 1976. CA 46 CONSENT CALENDAR FINIS NEGATIVE DECLARATION & VA 76-58 The following Variance F. BELDON FIELDS was set for public SET FOR HEARING -hearing on December 20, 1976, on the motion of Councilman Ward, seconded by Councilman Evans, and carried 6:1, with Councilman Bricken dissenting: NEGATIVE DECLARATION &~ VA 76-58 Filed by F. Beldon Fields to permit group housing quarters for juvenile offenders in an exist- ing motel at 1101 W. Santa Aha Blvd. in the CD District. APPROVED. (Agenda Item SA) CA 13 NEGATIVE DECLARATION & VA 76-62 Council set the follow- HUBERT C. BARKER lng Variance for public SET FOR HEARING hearing on December 20, 1976, on the 6:1 motion of Councilman Ward, seconded by Councilman Evans, with Council- man Bricken dissenting: NEGAT4VE DECLARATION & VA 76-62 Filed by Hubert C. Barker to allow a residential care home for ten guests 18 to 64 years old, chang- ing a condition of VA 67-117 which limited guests to 8 elderly people, at 1916 S. Cedar St. in the Ri District. APPROVED. (Agenda Item 5 B) CA 13 RESIGNATION FROM HRC JACK WATKINS ACCEPTED WITH REGRET unanimously carried 7:0, resignation with regret; recognition of service: from Jack Watkins resigning from the Human Relations Commission. (Agenda Item 13) On the motion of Councilman Ward, seconded by Council- man Evans, and Council accepted the following and authorized preparation of Letter received November 19, 1976 CA 131.2 CITY COUNCIL MINUTES 449 DECEMBER 6, 1976 READING WAIVED On the unanimously approved 7:0 motion of Councilman Evans, seconded by Council- man Brandt, 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 NS-1333 The following ordinance WARD BOUNDARIES was placed on second ADOPTED reading and adopted, on the unanimously carried 7:0 motion of Councilman Yamamoto, seconded by Coun- cilman Bricken: ORDINANCE NO. NS-1333 - AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING AND ESTABLISHING THE BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA, CALIFORNIA. CA 108 ORDINANCES 1554 ~ 1535 Council continued the FIGURE MODELS ~ MASSAGE following ordinances to CONTINUED December 20, 1976, as recommended by Staff, on the unanimously approved ?:0 motion of Councilman Evans, seconded by Councilman Brandt: ORDINANCE NO. NS-1334 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 12-120 THROUGH 12-135 REGULATING FIGURE MODEL STUDIOS AND FIGURE MODELS. ORDINANCE NO. NS-1335 - AN ORDINANCE OP THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 22-1 THROUGH 22-15, AND REPEALING SECTIONS 22-16 THROUGH 22-18 RELATING TO THE REGULATIONS OF MASSAGE BSTABLISH- MBNTS, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. CA 91 ORDINANCES 1336 & 1338 Council deleted the FIGURE MODELS & MASSAGE following ordinances DELETED from the Agenda to permit the AZtorney to revise the ordinances, on the unanimously approved ?:0 motion of Councilman Brans, seconded by Councilman Brandt: ORDINANCE NO. NS-1336 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECT4ONS 12-123, 12-125, 12-128 AND 12-129 TO PROVIDE THAT FIGURE MODEL STUDIO PERMIT FEES AND FIGURE MODEL PERMIT FEES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL. ORDINANCE NO. NS-1338- AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 22-3, 22-5, 22-10, 22-11 TO PROVIDE THAT MASSAGE ESTABLISHMENT PERMIT FEES AND MASSAGE TECHNICIAN PERMIT FEES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL. CA 91 Ed Cooper, Deputy City Attorney/Police Legal Advisor, stated that he had noticed and held a meeting with members of the community interested in the massage and model studio ordinances; CITY COUNCIL MINUTES 450 DECEMBER 6, 1976 that as a result, there are several changes that can be made to improve the ordinances and the resolution setting the fees, but that it is recommended that the requirement for 1,O00 hours of training be retained~ and that the revised ordinances and resolution will be resubmitted to Council on December 20, 1976. CA 91 RESOLUTION 76-139 ~FBBS - MODELS & MASSAGE DELETED 7:0 motion of Councilman Evans, Brandt: The following resolu- tion was deleted from the Agenda on the unanimously carried seconded by Councilman RESOLUTION NO. 76-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A FEE SCHEDULE FOR MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, FIGURE MODEL STUDIOS AND FIGURE MODELS. CA 91 RESOLUTION 76-144 REJECTING CERTAIN CLAIMS ADOPTED on the motion of Councilman Evans, Yamamoto: The following resolu- tion was adopted 6:1, with Councilman Bricken dissenting, seconded by Councilman RESOLUTION NO. 76-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RBJEC-TING THOSE CERTAIN CLAIMS HERETOFORE FILED AGAINST THE CITY. CA 65.7b RESOLUTION 76-145 Council adopted the INTERNATIONAL POLICE ASSOC. following resolution INVITATION EXTENDED unanimously ?:0, on ~the motion of Council- man Yamamoto, seconded by Councilman Bricken; the motion was amended to send a Council representative to Tampico to present the resolution on motion of Councilman Brandt, seconded by Councilman Evans, and carried 6:1, with Council- man Ward dissenting: RESOLUTION NO. 76-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING TO THE INTERNATIONAL POLICE ASSOCIATION AN INVITATION TO HOLD ITS 51ST ANNUAL CONFERENCE IN THE CITY OF SANTA ANA, CALIFORNIA ON JANUARY 2, 1978. The foregoing motion, as amended, named Councilman Ortiz as delegate, or C:ouncilman Evans as alternate to make the formal presentation on behalf of Council, with travel expenses to be paid by the City. CA 151 CA 47 CA 80.1 ANNOUNCEMENT - APPOINTMENT OF City Attorney Keith ASSISTANT CITY ATTORNEY Gow noted that the ED COOPER position of Assistant City Attorney had been vacant for some time, and that he had appointed Deputy City Attorney Ed Cooper to that post. CA 81 CITY COUNCIL MINUTES 451 DECEMBER 6, 1976 REGISTRATION OF BIRCH PARK After review of the AS POINT OF HISTORICAL INTEREST City Attorney's posi- DEFERRED tion on this subject dated November 26, 1976 the request of Adeline Walker, Executive Secretary of LISA, to approve the registration of Birch Park with the State of California as a Point of Historical Interest, was deferred until after the Senior Citizens Service Center is completed and operational, on the motion of Councilman Evans, seconded by Councilman Brandt, and carried 7:0 unanimously. CA 131.10 CA 52 USE OF EL SALVADOR CENTER Payment of fee and DEFERRED PAYMENT OF FEE any clean-up cost APPROVED incurred were deferred to January 17, 1976, for use of E1 Salvador Center by the A'O 0 Samoans Organiza- tion on December 24 and December 31, 1976 for money raising events, on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried 6:1 with Councilman Ortiz dissenting. Mr. M. Taupau Gasu, President of the Samoan Organization, appeared and stated that he had contacted their attorney, Tom Bowen, to make the necessary application for an I.R.S. identification number indicating non-profit status. CA 131.6 ~RECESS At 3:40 P.M. Mayor Garthe declared a recess; at 3:50 P.M. - the meeting was reconvened with all Council members present. ONTARIO'S EXPO 81 The report dated REFERRAL ITEM NO. 42-76 December 1, 1976, FILED; ITEM DELETED prepared by Assistant City Manager Ronald E. Wolford, concerning a request by Mayor Treadway of Ontario for support of Ontario's Expo 81, was received and filed, and Council Referral Item No. 42-76 was deleted, on the motion of Councilman Evans, seconded by Councilman Ortiz, and carried 6:1, with Councilman Bricken. dissenting. CA 151 CABRILLO TENNIS CENTER The Cabrillo Tennis PROGRESS REPORT Center progress report FILED dated November 30, 1976 prepared by Manuel Rede, Executive Director of Community Services, was received and filed on the motion of Councilman Brandt, seconded by Councilman Evans, and carried ?:0 unanimously. Mr. Bob Waunch, Vice President of Tennis Concepts, 17981 Sky Park Circle Drive, Suite J, Irvine, stated that their pro- posal is to construct the remaining three courts and light- ing of Phase III, the championship court and the Clubhouse of Phase IV, and to provide the complete management of the facility once completed; he stated that they would provide a high-quality facility with professional management; that their first facility is in operation in the City of La Habra, and they are negotiating similar proposals with the cities of Orange, Huntington Beach and Oceanside. Mr. Don Honer, 2123 North Freeman, representing the Santa Ana Raquet Club, opposed the Tennis Concepts proposal, stating that CITY COUNCIL MINUTES 452 DECEMBER 6, 1976 fees for the courts would be raised 250%; that a survey of the tennis playing public has not been made on this issue; that the plan is not suppor.ted by local athletic coaches; and that the City itself will be able to fund the completion of the tennis center. CA 52 CENTENNIAL PARK (FCC STATION) On the recommendation TRANSFER OF POSSESSION of Executive Director AUTHORIZED of Community Services Manuel Rede, Mayor .Garthe was authorized to execute the Certificate of Acknow- ledgement of Possession for the 22.19 acre parcel of FCC Monitoring Station, on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried 7:0 unanimously. CA 52 CA 45 UNUSUAL PUBLIC SERVICE COSTS To give Council an REFERRAL ITEM NO. 29-76 opportunity to study CONTINUED the comments of the Deputy City Attorney, Michael J. Karger, on the subject of recovery of unusual public service costs, Councilman Brandt's motion to continue this item for 30 days was seconded by Councilman Evans, and carried 7:0 unanimously. CA 65 CERTIFICATES OF CONVENIENCE & In accordance with the NECESSITY - YELLOW CAB & AMERICAN CAB proposed decision sub- APPLICATIONS - DENIED mitred to Council by Hearing Officer Albert J. Federman following a public hearing held on October 12, 1976, applications from Yellow Cab Company and American Cab Company to operate seven additional and seven new taxicabs, respectively, in the City of Santa Ana were both denied based on a finding that public convenience and necessity of the residents of the City of Santa Aha does not now require the issuance of 7 permits to operate taxicabs within the City, on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried 5:2, with Councilmen Ward and Ortiz dis- senting. Following comments by Councilmen Bricken, Ward, Brandt and Ortiz. favoring some m~dification of the taxicab ordinance to encourage competition, Councilman~ Bricken's motion to request a report and recommendations from Staff for revising taxicab licensing based on the comments made, was seconded by Councilman Ortiz, and carried 5:2, with Councilmen Evans and Yamamoto dissenting. CA 26 CETA TITLE II CONTRACTS In accordance with the APPROPRIATION ADJUSTMENT 72 recommendations of Keith APPROVED E. Blunt, Manpower Pro- ject Coordinator, in his report dated Nov'ember 24, 1976, and on the motion of Coun- cilman Evans, seconded by Councilman Bricken, and carried 7:0 unanimously, Council: 1) Approved the contract modifying Fiscal Year 1976 CETA Title II funding from the Orange County Manpower Commission from $708,286 to $683,479, and authorized its execution by tke Mayor and Clerk; 2) Approved the Fiscal Year 1977 CETA Title II funding contract with Orange County Manpower Commission providing $1,007,576 for the Pub- lic Service Employment Program, and authorized its execution by the Mayor and Clerk; and CITY COUNCIL MINUTES 453 DECEMBER 6, 1976 3) Approved Appropriation Adjustment #72 provid- ing for the distribution of the new FY-?? Title II allocation of $299,290. A-76-112 CA 65.3 PAYMENT FOR MAC ARTHUR PARK Appropriation Adjust- APPROPRIATION ADJUSTMENT 71 ment #?1 transferring APPROVED $11S,000 from A & D Funds to current year budget to provide for an incremental land acquisition payment on MacArthur Park of $42,500, additional funding of inspec- tion charges of $3,S00, and the Unapplied Appropriations of $69,000 from last year's budget, was approved on the motion of Councilman Evans, seconded by Councilman Bricken, and carried 5:2, with Councilmen Ward and Brandt dissenting. A prior motion made by Councilman Brandt, seconded by Council- man Evans to table the matter, failed on a 3:4 vote, with Councilmen Yamamoto, Ortiz, Bricken and Mayor Garthe dissent- ing. CA 65.3 CA 52 WORD PROCESSING EQUIPMENT Appropriation Adjust- APPROPRIATION ADJUSTMENT ?4 merit #?4 transferring APPROVED funds from an operating account to a capital account to provide for purchase of an IBM selectric type- writer to. replace disfunctioning leased word-processing equip- ment in the City Clerk's Office, was approved on the motion of Councilman Evans, seconded by Councilman Bricken, and carried 6:1, with Councilman Brandt dissenting. CA 65.5 EXECUTIVE SESSION At 4:30 P.M. Mayor Garthe recessed the Council meeting for and Executive Session to consider the settlement of a claim. SETTLEMENT OF CLAIM Settlement og the GEORGIA RICE claim of Georgia Rice APPROVED in the amount of $59?.92, of which $29?.92 has already been paid, was authorized, on the motion of Councilman Evans, seconded by Councilman Brandt, and carried 7:0 unanimously. CA 65.?b RECESS. the meeting was reconvened at absent. At 4:37 P.M. Mayor Garthe recessed the meeting for dinner at Don Drysdale's Dugout; 7:30 P.M. with Councilman Ward PLEDGE OF ALLEGIANCE INVOCATION Allegiance to the Flag. The Invocation was given by Reverend Israel Vega, of Templo Calvario, following the Pledge of CA 80.17 CITY COUNCIL MINUTES 454 DECEMBER 6, 1976 OATH OF OFFICE Newly-appointed Planning PLANNING COMMISSIONERS Commissioners, Fred FRED SIFFERMANN ~ ALAN CURTIS Siffermann and Alan Curtis, took the oaths of office administered by Florence I. Malone, Clerk of the Council; the Councilmen each personally congratulated the new Commissioners, and thanked them for their willingness to serve. CA 78.1a CERTIFICATE OF APPRECIATION Vice Mayor Vernon S. RETIRING PLANNING COMMISSIONER Evans presented to Mr. JACK O'DELL Jack O'Dell the City's Certificate of Apprecia- tion of Service to the citizens of this community as a Plan- ning Commissioner. Mr. O'Dell received the Certificate stating that his service on the Planning Commission had been a distinct pleasure. Councilman Bricken stated that he was pleased to have had the opportunity to serve on the Commission with Mr. O'Dell. CA 78.1a PROCLAMATION PRESENTATION Lawrence Thomas, Presi- !'TRY SANTA ANA FIRST" dent, and Marsh Phelps, Vice President of Market- ing Administration of Westlands Bank were present to receive the Mayor's Proclama- tion "Try Santa Aha First".. Mayor Garthe said that Westlands Bank is responsible for making "Shop in Santa Ana Month" a success and the City commends the Bank and encourages this worthwhile campaign. The Bank representatives said they really consider it quite a privilege to be a part of this community, and to work with all the other business community to. make it a better place to live. CA 46 PUBLIC HEARING - APPEAL 371 At the request of the NEGATIVE DECLARATION & VA 76-30 parties, Negative Dec- CONTINUED laration and Public Hearing of Appeal No. 371 of the approval by the Planning Commission of Variance Application 76-30 was continued to December 20, 1976, on the motion of Councilman Evans, seconded by Councilman Yamamoto, and carried 6:0 unanimously. CA 13.3 VACATION OF ALLEY On the recommendation NORTH OF 17TH STREET of City Attorney Keith HEARING RESET Gow, Resolution No. 76-125 adopted Novem- ber 15, 1976, was rescinded, and Resolution No. 76-125 was adopted of Vacation of Alley in Block B of the Wiley's Addition North of Seventeenth Street, East of Main Street and West of Bush Street, setting the public hearing for December 20, 1976, on the motion of Councilman Evans, seconded by Council- man Yamamoto, and carried 6:0 unanimously. CA 14 AGENDA ORDER - PUBLIC HEARING Mayor Garthe Announced APPEAL NO. 374 - VA 76-69 that if anyone in the CONTINUED audience was present regarding Appeal No. 574 that the Appellant had requested a continuance. On the motion of Councilman Brandt, seconded by Councilman Evans, and carried 6:0 unanimously, the public hearing was continued to December 20, 1976. CA 13.5 CITY COUNCIL MINUTES 455 DECEMBER 6, 1976 PUBLIC HEARING - APPEAL NO. 575 Mayor Garthe announced UETERMINATION OF EXEMPTION - VA 76-~~ that this was the time and REFERRED TO PLANNING DEPARTMENT place for the public hearing of Determination of Exemption and Appeal No. 575 of the denial of Variance Application 76-60 to allow the painting of graphic art on a temporary office trailer at 5900 South Bristol in the CR District. Planning ~irector Charles Zimmerman stated that the property is located at the northwest corner of Bristol and Sunflower; that the Planning Commission reviewed the subject variance application and unanimously adopted the Planning Department recommendation to deny on the basis of maintaining the integrity of signing, even on a temporary building; that Appellant stated a dvsire to solve an identity crisis with the requested graphic art, that the Planning Department and Planning Commission feel that the large orange and green poppies might be more appro- priate for a flower shop than a savings and loan association; and that the $1,500 to $2,000 might be better spent on land- scaping. Mr. Marry Wilson representing the Appeallant and Applicant, World Savings, 11601 Wilshire Boulevard, Los Angeles, began by stating that customers had complained that they had diffi- culty locating the building; that a graphic designer had been engaged to suggest a solution; that the trailer will be at the location for about one more year; that they feel they have the right to increase their visibility by this means; that this design would be considered a test and that World Savings would be willing to remove it if it were objectionable to the public. In answer to a question by Councilman Bricken, Charles Zimmer- man explained that the 90% coverage of trailer by bright colored graphics is not in keeping with the. City's standards for sign identity. The appellant's representative stated that the company has no logo, and is desirous of moving away from its identity by a globe and have removed them from their offices. The motion by Councilman Brandt, seconded by Councilman Yama- moro to approve the Determination of Exemption and the Appeal No. 375 overruling the Planning Commission denial of Variance Application 76-60 and to approve VA 76-60 for a period not to exceed two years failed to carry on a 3:3 vote, with Coun- cilmen Evans, Bricken and Mayor Garthe dissenting. Councilman Evans asked the Appellant's representative if he would be-willing to limit the percent of coverage of the graphics proposed. His response was that he would be willing to work with the graphic designer and the Planning Commission to work out a more agreeable plan. The motion made by Councilman Brandt, to refer the plan back to the Planning Commission to work out a maximum signing of not more than 50%, was not seconded. Mr. Hal Gosse, Chairman of the Planning Commission, stated that approval of the graphics proposal would still set a precedent in an area where the City needs to uphold its integrity. He further stated that he was sure the Planning Commission would come up with the same conclusion. A motion by Councilman Brandt, seconded by Councilman Evans, to refer the matter back to the Planning Department to nego- tiate a plan modification with the Appellant was carried 6:0 unanimously. CA 13.3 CITY COUNCIL MINUTRS 456 DECEMBER 6, 1976 RECESS reconvened with the same At 8:40 P.M. Mayor Garthe called a recess; at 8:50 P.M. the meeting was Councilmen present. PUBLIC HEARING - NEGATIVE DECLARATION Mayor Garthe announced AMENDMENT TO GENERAL PLAN -that this was the time LAND USE & ARTERIAL STREETS and place for the public FILED; RESOLUTION NO. 76-146 ADOPTED hearing of Negative Declaration and Amend- ment to the Land Use portion of the Land and Arterial Streets Section of the General Plan to delete the commercial designa- tion of approximately 12.4 acres located on the southwest corner of Greenville Street and Warner Avenue, and to redesignate said acreage as Medium Density Residential. Planning Director Charles Zimmerman stated that the General Plan Amendment was approved by the Planning Commission on October 11, 1976; that the General Plan will support medium density residential in the area; that the City Council this afternoon approved a tract map to allow condominium develop- ment in the area; and that there was no opposition to the General Plan amendment. Mr. Gary Frye, 5211 Highland Avenue, Yorba Linda, representing the William Lyon Company came forward to answer any questions by Council. There were no further questions or speakers on the subject, and the Mayor closed the public hearing. The Negative Declaration was approved and filed, and Resolution No. 76-146 as follows was adopted, on the motion of Councilman Brandt, seconded by Councilman Ortiz, and carried S:i, with Councilman Evans dissenting: RESOLUTION NO. 76-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE SANTA ANA AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN BY DESIGNATING 12.4 ACRES LOCATED AT GREENVILLE STREET AND WARNER AVENUE EROM COMMUNITY SHOPPING CENTER TO MEDIUM DENSITY RESIDENTIAL. CA 78.3 PUBLIC HEARING - NEGATIVE DECLARATION Mayor Garthe announced AMENDMENT APPLICATION NO. 748 that this was the time and FILED; ORDINANCE NS-1359 1ST READING place for the public hearing of Negative Declaration and Amendment Application No. 748 to rezone 12.4 acres located on the southwest corner of Greenville Street and Warner Avenue from C4 District to the R 2-PRD District. Planning Director Charles Zimmerman stated tkat the change. would allow medium density residential and was unanimously proved by the Planning Commission on October 11, 1976. In answer to Councilman Ward's question regarding open space, Mr. Zimmerman stated that the development proposed for the land provides 49% open space, plus other amenities, such as second story balconies. Mr. Gary Frye, 5211 Highland Avenue, Yorba Linda, representing the William Lyon Company came forward to answer any questions by Council. CITY COUNCIL MINUTES 457 DECEMBER 6, 1976 There were no speakers on the subject, and the Mayor closed the public hearing. The Negative Declaration was approved and filed, and ordinance No. NS-1539 as follows was placed on first reading on the motion of Councilman Brandt, seconded by Councilman Ortiz, and carried S:i, with Councilman Evans dissenting: ORDINANCE NO. NS-1339 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. ?48 FILED BY LEVITT-WEST AND WILLIAM LYON COMPANY RBZONING PROPERTY FROM THE C4 (PLANNED SHOPPING CENTER) DISTRICT TO THE R2-PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 27-5-10. CA 10 ORAL COMMUNICATION Mickey Madden of TEMPORARY GREYHOUND TERMINAL 2319 North Rosewood expressed disapproval of locating the temporary Greyhound Bus Depot on Seventeenth Street at Poinsettia. She stated that there is no place for the busses to park, no place for customers to park, no room for busses to turn around; that the,location is in one of our nicest medium priced residential areas; that she is circulating petitions for signatures of other concerned citizens; and that she is here to beg Council to do some- thing to prevent this area from going down the drain. Mr. Mike Green, 1818 North Poinsettia, also said he and other neighbors were opposed to the proposed re-location of the bus terminal. Councilman Bricken asked the Planning Director whether the Greyhound people were required to come in for approval of the use and the plans they wished to implement for the use. Mr. Zimmerman replied that there is a very subtle difference between approval of use or appreval of site plans; that the proposed use is allowed in the C5 zone which is applicable to the property. Councilman Bricken continued by asking whether Municipal Code Section 41-425 (e) is applicable to this question. The City Attorney stated that it seemed to be applicable, and that an appeal could be filed by citizens for Planning Commission and Council review of the decision of the Planning Director. CA 78 ORAL COMMUNICATION Mr. Dan Sager, 3301 PERSONNEL PROBLEM South Bristol, stated DAN SAGER that he was a former City employee under the CBTA Program; that he was terminated on January 19, 1976; that he felt it was an unjust termination; that he referred the matter to the Orange County Manpower Commission; that after several months it was referred by them to the City Attorney's Office; and that he was asking Council to expedite tke handling of the complaint. CA S0 ~CA 131.11 City Attorney Keith Gow stated that he is happy to discuss it~at:any time; that the matter is complex and the office is in process of obtaining information; that the case was received by his office in late October and the matter is proceeding as quickly as possible. ADJOURNMENT At 9:45 P.M. the meeting was adjourned. CITY COUNCIL MINUTES 458 DECEMBER 6, 1976 CLERK OF THE COUNCIL CITY COUNCIL MINUTBS 459 DECEMBER 6, 1976