HomeMy WebLinkAbout12-20-1976MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
December 20, 1976
The meeting was called to order at 2:05 P.M. in the City
Council Chambers by Mayor John Garthe.-- The following Council
members were present: Gordon Bricken, David F. Ortiz, Harry
K. Yamamoto, David L. Brandt, James E. Ward, and Mayor Garthe.
Councilman Vernon S. Evans was 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, Police Chief
Raymond C. Davis, and Clerk of the Council Florence I. Malone.
INVOCATION
PLEDGE OF ALLEGIANCE
Gordon Bricken.
Following the Pledge
of Allegiance to the
Flag, the Invocation
was given by Councilman
RECESS
HOUSING AUTHORITY
Council reconvened at
At 2:07 P.M. Council
recessed to convene
the regular meeting
of the Housing Authority;
2:14 P.M. with the same members present.
CONSENT CALENDAR The following items
ITEMS REMOVED & were removed from the
DISSENTING VOTES Consent Calendar:
Items 2 C and 3 D
requested by Councilman Bricken; Item S A requested by Coun-
cilman Yamamoto; Item 3 A by Mayor Garthe; and Item 12 D by
Councilman Ward. Councilman Yamamoto registered NO votes
on Items 4 A and 4 C; Councilman Ortiz abstained from voting
on Item 6 A because the grantees (Vatdivia) are members of
his family.
CONSENT CALENDAR On the unanimously
STAFF RECOMMENDATIONS approved 6:0 motion of
APPROVED Councilman Ward,
seconded by Council-
man Yamamoto, Council approved the Staff recommendations
on the following Consent Calendar items:
MINUTES
ings of November
23
Approved the Minutes
of the Adjourned
Regular/Regular Meet-
and December 6, 1976.
BID CALLS Approved plans and
specifications and
authorized advertise-
ment for bids on the following:
SPEC 76-061 and SPEC 76-062 - Microfiche
System.
PROJECT 7030 - Northeast reservoir and
pumping station.
CA 89
CITY COUNCIL MINUTES 461 DECEMBER 20, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
BID AWARDS
bidder:
Awarded the following
on the basis of lowest
responsible and best
SPEC 76-032 - Two 1/2-ton compact pickup
trucks; awarded to Garden Grove Datsun,
Garden Grove, in the amount of $7,674.40.
SPEC 76-053 - 5,000 feet of fire alarm
cable; awarded to Delco Wire ~ Cable,
Bristol, Pa., in the amount of $2,554.60.
SPEC 76-052 - Command and Control System
Radio Interface; awarded to Digital
Equipment Corporation, E1 Segundo, in
the amount of $5,674.00.
PROJECT 7072 - Modification of Bowers
Museum Education Center; awarded to Miles
& Kelley, Tustin, in the amount of
$16,835.00 for the base bid, plus
$1,600.00 each for replacement of
Heating Ventilation and Air Conditioning
(HVAC) units.
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed
Staff report of the
following:
ANTHONY, Lucille R. and Robert M.,
SIMS, Jenna Lee and William N. 420
East Dyer Road - Person to Person
Transfer - Type "40" On Sale Beer.
Councilman Yamamoto registered a NO
vote. (Agenda Item 4 A)
GALVAN, Jesus - 318 East Fourth Street
Exchange "47" to "48" Caterer's Permit
"58" Type "47" On Sale General (Bona
Fide Public Eating Place).
GOLDEN GREEK, INC. 2513 West Edinger
Avenue - Original - Type "42" On Sale
Beer & Wine (Public Premises).
Councilman Yamamoto registered a NO vote.
(Agenda Item 4 C)
LA VILLA TAXCO, INC. 2201 East First
Street - Person to Person Transfer
Type "47" On Sale General (Bona Fide
Public. Eating Place).
MELGOZA, Alfonso, G., Catalina B. &
Jesus - 318 West Fourth Street
Original - Type ',20" Off Sale Beer
& Wine.
CA 89
CA 146
CITY COUNCIL MINUTES
462 DECEMBER 20, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
VARIANCES & CONDITIONAL Approved and filed
USE PERMITS Negative Declarations
and Planning Commis-
sion Findings of Fact on the following:
CUP 76-29 - Filed by Dennis W. Wilson
to permit a condominium development
at 5002 West Hazard Avenue in the R1
District. APPROVED.
VA 76-67 - Filed by Blanche McCalla to
develop seven parcels with one single
family residence and one duplex on each
parcel at 4172 West First Street in the
C2 and M1 Districts. APPROVED.
CUP 76-31 Filed by H. G. Felt to con-
struct a church at 701 South Sullivan
Street in the Ri District. APPROVED.
CUP 76-52 - Filed by Shaw & Talbot to
allow retail sales at 3030 South Fair-
view Street in the M1 District. APPROVED.
DEED WITH CASH & Approved the following
ESCROW - GRANTOR CITY deed and authorized
Mayor to sign all
necessary documents in connection with the sale:
VALDIVIA, Frederico and Lorraine - North
side of First, Raitt to Western; sale of
surplus land. Councilman Ortiz abstained
from voting. (Agenda Item 6 A, Minutes
page 461)
DEEDS WITH CASH (NO Approved the following
ESCROW) GRANTOR CITY deeds and authorized
Mayor to sign all
necessary documents in connection with the sales:
GEORGE FARMS, INC. - South of McFadden,
west of Santa Ana River; sale of surplus
property (2 deeds). (Surplus Property
Reports 76-10 and 76-11, Minutes Page465)
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
for Map No. 983:
PARCEL MAP 982 Filed on November 10,
1976 by E. H. Schroeder and Bethene
Schroeder creating one R1 and one C1
parcel; proposed parcel one to be used
for commercial purposes and proposed
parcel two to be used for residential
purposes; generally located nortk of
Seventeenth Street, approximately 136
feet west of Olive Street.
CA 13.1
CA 13
CA 13.1
CA 155
CA 155
CITY COUNCIL MINUTES
463
DECEMBER 20, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
PARCEL MAP 983 - Filed on November 10,
1976 by William K. Davis creating 13
Mi parcels; all proposed parcels to be
used for industrial purposes; generally
located at the northeast corner of
Garnsey Street and Dyer Road.
PARCEL MAP 984 - Filed on November 12,
1976 by Miguel Reyes, Sr., creating
three R2 parcels; all proposed parcels
to be used for residential purposes;
generally located on the west side
of Jackson Street, 180 feet south of
Fifth Street.
PARCEL MAP 985 - Filed on November 17,
1976 by Blake Barregar creating two Ri
parcels; both proposed parcels to be
used for single family residences;
generally located at the intersection
of Maxine Street and Davit Avenue.
PARCEL MAP 986 - Filed on December 1,
1976 by Walter H. Koshman creating six
MI parcels; all proposed parcels to be
used for industrial purposes; generally.
located on the west side of Shannon
Street, adjacent to the Santa Ana River.
TRACT MAP 9627 - Filed on December 2,
1976 by Fall River Industries, Inc. and
Jack N. Hall creating 18 Ri lots; all
proposed lots to be used for single
family residences; generally located
on the north side of Edinger Avenue
between Fairview Street and Sullivan
Street.
TRACT MAP 9649 - Filed on November 8,
1976 by Number One Golden Circle Office
Building Company creating.one LP lot; the
proposed lot is to be used for an air
space condominium office building;
generally located at 550 Golden Circle
Drive.
FINAL TRACT MAP
and the bonds in
execution of the
Approved the following
map, accepted the
dedications thereon,
the amounts set, and authorized
subdivision agreement:
MAP NO. 8954 South side of Wellington
Avenue east of Williams Street; 66 lots.
FINAL PARCEL
visions, and
MAPS Approved the following
maps in accordance with
the State Map Act pro-
accepted the dedications thereon:
MAP NO. 971 - Northwest corner of Bristol
Street ~ MacArthur Boulevard; 9 lots.
MAP NO. 975 - East side of Main Street,
north of Alton Avenue; 7 lots.
CA 25
CA 24
CA 24
CA 25.2
CITY COUNCIL MINUTES 464
DECEMBER 20, 1976
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
SURPLUS PROPERTY Declared the following
property surplus,
found that the property
has real value only to the adjacent property
owners, and is of only nuisance value to others,
and confirmed the negotiated sales with adjacent
property owners:
NO. 76-10 - Irregular shaped 8,055 square
foot parcel south of McFadden Avenue,
west of the Santa )ma River.
NO. 76-11 - Irregular shaped 4,353 square
foot parcel.south of McFadden Avenue,
west of the Santa Ana River.
(Deeds approved Minutes page 463)
AGREEMENTS Approved the following
agreements and
authorized their
execution by the Mayor and Clerk:
ORANGE COUNTY NARCOTICS INDEX - Between
City and participating agencies for the
Fourth Year Grant to continue the estab-
lished Orange County Narcotic Index
Office.
WATER QUALITY MONITORING FOR 1977 - Be-
tween City and Crosby Laboratories.
COLLECTION OF SEWER CONNECTION CHARGES
Between City and County Sanitation Dis-
trict No. 7 for City Services.
LIABILITY CLAIMS Referred to adminis-
tration claims re-
ceived from Novem-
ber $0 through December 13, 1976.
COUNCIL REFERRAL SUMMARY
Staff by Council.
Received and filed
status report of
items referred to
CA 45
A-76-113
A-76-114
A=76-115
CA 65.7b
CA 80.2
PROCLAMATIONS Received and filed
report of proclama-
tions issued by the
Mayor from December 1 through 20, 1976. CA 46
* * * * * * * * CONSENT CALENDAR FINIS * * * * * * * *
BID CALL - PROJECT 7105 Council approved
8TH FLOOR REMODELING the plans and specifi-
APPROVED tions, and authorized
advertisement for
bids on the following, on the unanimously carried 6:0 motion
of Councilman Bricken, seconded by Councilman Yamamoto:
PROJECT 7105 - Office remodeling on eighth
floor of City Hall. (Agenda Item 2 C)
CA 89
CITY COUNCIL MINUTES
465
DECEMBER 20, 1976
BID AWARD- SPEC 76-029
MOTOR SCOOTERS
APPROVED
man Brandt, Council awarded the
only responsible bidder:
On the unanimously
approved 6:0 motion
of Councilman Ward,
seconded by Council-
following on the basis of
SPEC 76-029 - Three motor scooters;
awarded to Cushman Motor Sales, Inc.,
Santa Fe Springs, in the amount of
$9,489.12. (Agenda Item 3 A)
CA 89
BID AWARD - SPEC 76-041 The motion of Council-
AIR COMPRESSORS - BIDS REJECTED man Ward to reject all
NEW BID CALL AUTHORIZED bids and authorize
re-advertising for bids
on the following was seconded by Councilman Brandt, and
carried unanimously 6:0:
SPEC 76-041 - Three trailer-mounted air
compressors. (Agenda Item 3 D)
CA 89
NEGATIVE DECLARATION &: VA 76-66 The Negative Declaration
DENNIS W. WILSON and Planning Commission
APPROVED Finding of Fact were
approved and filed, on
the unanimously carried 6:0 motion of Councilman Yamamoto,
seconded by Councilman Brandt, on the following:
VA 76-66 - Filed by Dennis W. Wilson to
permit a-three duplex condominium develop-
ment (6 units) with less than the required
minimum 6,000 sq. ft. per unit on a parcel
greater than one-half acre in size located
at 5002 West Hazard Avenue in the R1 Dis-
trict. APPROYED. (Agenda Item 5 A)
CA 13
AGREEMENT - PHENIX MUSEUM Council continued its
DONATION OF PUMPER consideration of the
CONTINUED following agreement
for thirty days, on
the unanimously approved 6:0 motion of Councilman,Ward,
seconded by Councilman Bricken:
DONATION OF 1944 SEAGRAYE 750 GPM
PUMPER TO THE PHENIX MUSEUM - Between
City and Phenix Museum to transfer
ownership of the surplus fire engine.
(Agenda Item 12 D)
During Council discussion, Staff was requested to report
back with more detailed information on how the Museum pro-
poses to use the pumper, and what its estimated auction
value would be.
A-76-116
READING WAIVED On the unanimously
approved 6:0 motion
of Councilman Ward,
seconded by Council-
man 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.
CITY COUNCIL MINUTES
466 DECEMBER 20, 1976
ORDINANCE NO. NS-1334 The following ordinance
MODELS & MODEL STUDIOS was placed on second
ADOPTED reading and adopted,
on the-unanimously
carried 6:0 motion of Councilman Yamamoto, seconded by Coun-
cilman Brandt:
ORDINANCE NO. NS-1334 - AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING THE SANTA ANA
MUNICIPAL CODE BY ADDING SECTIONS 12-1~20
THROUGH 12-135 REGULATING FIGURE MODEL
STUDIOS AND FIGURE MODELS.
CA 91
ORDINANCE NO. NS-1335 Council placed the
MASSAGE TECHNICIANS & following ordinance
ESTABLISHMENTS - ADOPTED on second reading
and it was adopted
by a unanimous vote 6:0, on the motion of Councilman Yama-
moto, seconded by Councilman Bricken:
ORDINANCE NO. NS-1335 - AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING THE SANTA ANA
MUNICIPAL CODE BY AMENDING SECTIONS 22-1
THROUGH 22-1S, ANDREPEALING SECTIONS £2-16
THROUGH 22-18 RELATING TO THE REGULATION OF
MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS,
AND THE PRACTICE OF MASSAGE.
CA 91
The persons listed below spoke against the ordinance requirement
of 1,000 hours of course instruction for Massage Technicians
and stated that the State had preempted the City in this matter
with a requirement in the State Education Code of 100 hours.
There was also objection to the mandatory clo~ing of massage
establishments between 12:00 midnight and 8:00 A.M., and to
any regulation of the attire to be worn by Massage Technicians.
Bill Cooper, President of California Professional
Massage Association, 787 Hudson Aven~e, Costa Mesa
Anthony Glassman, Attorney representing the Calif-
ornia Professional Massage Association, 360 N.
Bedford, Beverly Hills
John Di Fiore, Director of the Santa Aha Branch
of the Los Angeles College of Massage, 1400 West
McFadden Avenue
The following persons spoke in Savor of the ordinance:
D. S. Carlson, American Massage and Therapy Associa-
tion and California Massage Association
Mr. Carlson favored the 1,000 hours course instruction require-
ment and the other provisions of the ordinance in the interests
of legitimate and professional standards-of operation of mas-
sage establishments. He stated 100 hours would only represent
about three weeks of training.
ORDINANCE NO. NS-1336 Councilman Yamamoto's
MODEL & MODEL STUDIO FEES motion to place the
FIRST READING following ordinance
on first reading was
seconded by Councilman Bricken, and carried on a 6:0 vote:
CITY COUNCIL MINUTES
467 DECEMBER 20, 1976
ORDINANCE NO. NS-1336 - AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING THE SANTA ANA
MUNICIPAL CODE BY AMENDING SECTIONS 12-123,
12-12S, 12-127, 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.
CA 91
ORDINANCE NO. NS-~338 On the motion of
MASSAGE TECHNICIAN & ESTABLISH- _ Councilman Ygmamoto,
MENT FEES FIRST READING seconded by Council-
man Bricken, and
carried unanimously 6:0, Council placed the following
ordinance on first reading:
ORDINANCE NO. NS-1338-AN ORDINANCE OF T-HE CITY
OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL
CODE BY AMENDING SECTIONS 22-3, 22-S, 22-8, 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
ORDINANCE NO. NS-1339 The fallowing
AMENDMENT APPLICATION 748 ordina-nce was
ADOPTED placed on second
reading and
adopted, on the unanimously approved 6:0 motion of
Councilman Ward, seconded by Councilman Bricken:
ORDINANCE NO. NS-1339 - AN ORDINANCE OF THE
CITY OF SANTA ANA APPROVING AMENDMENT APPLI-
CATION NO. ?48 FILED BY LEVITT-WEST AND
WILLIAM LYON COMPANY REZONING PROPERTY FROM
THE C4 (PLANNED SHOPPING CENTER) DISTRICT
TO THE R2-PRD (PLANNED RESIDENTIAL DEVELOP-
MEN~ DISTRICT, AND AMENDING SECTIONAL DIS-
TRICT MAP 27-S-10. (Southwest corner of
Greenville Street and Warner Avenue)
CA 10
RESOLUTION NO. 76-139 Council adopted the
MASSAGE & MODELING FEES following resolution
ADOPTED unanimously 6:0, on
the motion of Council-
man Bricken, seconded by Councilman Yamamoto:
RESOLUTION NO. 76-139 - 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
CA 6S
RESOLUTION NO. 76-147 The following resolu-
AHFP PROGRAM tion, which had been
ADOPTED recommended by the
Transportation Advisory
Committee (TRAC) and the Planning Commission, was unanimously
adopted 6:0, on the motion of Councilman BranRt, seconded by
Councilman Yamamoto:
RESOLUTION NO. 76-147 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA REQUEST-
ING THE COUNTY OF ORANGE TO INCLUDE WITHIN
CITY COUNCIL MINUTES
468
DECEMBER 20, 1976
CERTIFICATE OF REGISTER OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA~
I
ss.
COUNTY OF ORANGE )
I, A. E. OLSON, Registrar of Voters of Orange County, do
hereby certify the following to be a true, full and correct Statement
of the Vote of THE CITY OF SANTA ANA SPECIAL MUNICIPAL ELECTION, consolidated
with the General Election held on November 2, 1976.
MEASURE "P" CHARTER AMENDMENT
YES: 25381
NO: 16007'
MEASURE "Q" CHARTER AMENDMENT
YES: 17312
NO: 23907
MEASURE "R" - CHARTER AMENDMENT
YES: 20167
NO: 20845
MEASURE "S" - CHARTER AMENDMENT
YES: 10460
NO: 34456
MEASURE "T" - CHARTER AMENDMENT
YES: 10888
NO: 34428
TOTAL VOTES CAST: 53141
I hereby certify that the number of votes cast for and against the
measures as are set forth above appears in the Certified Abstract of Statement
of the Vote entered in the Records of the Board of Supervisors of the
County of Orange.
WITNESS nky hand and Official Seal this 30th day of November, 1976,
"EXIIIBIT A"
A. E. OLSON
Registrar of Voters
ILZl- 8~i rio!' 4~
-leal lzz t~2 tsal th6! eo
~ci-
*124i ,
"157l"-'~6 85~ t65 'l{?'"'u5
116 -102 ""7~! 141 ' mi[ 126
-138~''q$ 10~ 122 117 115! 65 "la4
112 lm7; l/cI 18~1 135 10~ 253 'ICoI
' L28l m4? iqO IOm 167i'
qtl"Tg llq'' 97 Il' "~7 .l?l
,.~i~[ l~J.i_~ _I.T~.i
I{l' -
'lb1
15~' I0~~ till I~,)i 77! 116I"'7S
INTY"TOTAL"
TOTAL
INo'TOT&L
THE ARTERIAL HIGHWAY FINANCING PROGRAM THE
DEVELOPMENT OF CERTAIN STREETS WITHIN THE
CITY OF SANTA ANA.
RESOLUTION NO. 76-148
CANVASS OF ELECTION RETURNS
ADOPTED
man Brandt, Council adopted the
CA 29.4a
On the unanimously
carried 6:0 motion of
Councilman Ward,
seconded by Council-
following resolution:
RESOLUTION NO. 76-148 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA,
DECLARING THE RESULTS OF THE CANVASS OF ELECTION
RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD
IN SAID CITY ON NOVEMBER 2, 1976.
CA 68
RESOLUTION NO. 76-149 Councilman Bricken's
VACATION - 2ND ST. & ALLEYS motion, which was
ADOPTED seconded by Councilman
Ward, to adopt the
following resolution, carried unanimously 6:0:
RESOLUTION NO. 76-149 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
A MAP AND DECLARING ITS INTENTION TO VACATE A
PORTION OF 2ND STREET AND THE ALLEYS IN BLOCKS
6 AND 7 OF THE "DAWSON~AND CUMMINGS ADDITION
TO THE TOWN OF SANTA ANA" BETWEEN LOWE STREET
(VAN NESS AVENUE) AND ROSS STREET AND A PORTION
OF THE EAST HALF 0F LOWE STREET (VAN NESS AVENUE)
BETWEEN 1ST AND 3RD STREETS ALL 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 STREETS AND
ALLEYS TO BE VACATED; SETTING~A PUBLIC HEARING
THEREON; AND DIRECTING NOTICE HEREOF TO BE
POSTED AND PUBLISHED.
CA 14
PROTEST SALE OF INFORMATION After reviewing
BY CALIFORNIA DMV resolutions from the
MAYOR AUTHORIZED Cities of Carson,
Ontario and Buena
Park, Mayor Garthe was authorized to write a letter to
Orange County legislators expressing Santa Ana's support
of the repeal of Vehicle Code Section 1810 which allows
the California Department of Motor Vehicles to sell vehicle
registration information, on the motion of Councilman Ward,
seconded by Councilman Bricken, and carried 6:0 unanimously.
CA 113
CONTINUATION OF COUNTY-CITY In response to a
REVENUE SHARING PROGRAM letter dated Decem-
AFFIRMATIVE VOTE AUTHORIZED bet 8, 1976, from
Milan Dostal, Chair-
man,of the Orange County Division of the League of Cities,
Resolutions Committee, asking for Santa Ana's position on
a proposed League Resolution supporting the continuation of
County-City Cooperative General Revenue Sharing Program,
Mayor Garthe was authorized to cast an affirmative vote
at tke League Executive Committee meeting in January, on
tke unanimously approved motion of Councilman Ward, seconded
by Councilman Yamamoto 6:0. CA 148.1
CA l12A
CITY COUNCIL MINUTES
469 DECEMBER 20, 1976
IMPROVEMENTS TO SANTA ANA & A request from
NEWPORT FREEWAYS INTERCHANGE Mayor Richard B.
REFERRED Edgar of the City
of Tustin for
support of their petition to the Director of CALTRANS
to provide necessary improvements to the ~Santa Ana/Newport
Freeway Interchange was referred to Staff for report and
recommendation, on the motion of Councilman Brandt, seconded
by Councilman Ward, and carried 6:0 unanimously. CA
CA
RECESS
ing was reconvened with the same
--At 5:25 P.M. Mayor
Garthe recessed
the meeting; at
5:57 P.M. the meet-
Councilmen present.
29.10
115.5
FAIR HOUSING COUNCIL A request for funding
REQUEST FOR FUNDING submitted by the
STAFF TO NEGOTIATE Orange County Fair
Housing Council was
referred to Staff for negotiation with the Housing Council
of a funding and service level based on a revised budget
and resolution of prior organizational problems, on the
motion of Councilman Yamamoto, seconded by Councilman Bricken,
and carried 5:1 with Councilman Brandt dissenting. A prior
motion, to authorize Staff to negotiate with the Orange
County Fair Housing Council on a new budget and to grant
$2,000, made by Councilman Ward, seconded by Councilman
Bricken, failed to carry on a 3:3 vote, with Councilmen
Yamamoto, Ortiz and Mayor Garthe dissenting.
Mr. Leon Peters, Executive Director of the Orange County
Fair Housing Council appeared before Council to describe the
three programs his organization operates: 1) housing dis-
crimination, 2) landlord-tenant relations and 3) location
of low-income housing. Mr. Peters stated he would like
to improve communications between.the Housing Council and
Orange County cities; that in 1975 the Housing Council had
800 clients per month and they now average about 1,200 per
month; that in November 575 of the 1,100 clients were from
Santa Ana and Anaheim; that the Housing Council has added
three personnel to handle the increased workload; that it
hopes to run classes to educate people regarding housing
problems; and that the Housing Council received $68,000
from County Revenue Sharing Funds, and that its proposed
budget is $138,000, $40,000 of which comes from County Hous-
ing and Community Development Funds. CA 112.15
PROPOSED CHARTER AMENDMENT A discussion of a
ELECTION CONSOLIDATIONS Charter amendment
REFERRED to reduce election
costs by allowing
consolidation of the General Municipal elections with
ether local elections, was followed by a motion by Council-
man Ward, seconded by Councilman Bricken and carried 6:0
unanimously, to request the City Attorney to prepare a
Charter Amendment for inclusion in the April ballot for
submission to the Council at its January 3 meeting.
Councilman Bricken moved to request the City Attorney to
prepare an additional Charter Amendment for consideration
at the January 3 meeting to allow Council to establish
Boards and Commissions by ordinance or by resolution, and
to delegate to Council the power to determine which Boards
CITY COUNCIL MINUTES
470 DECEMBER 20, 1976
and Commissions shall be vested with subpoena power. The
motion was seconded by Councilman Ward and carried
unanimously 6:0. (This would require an amendment to
Section 906 of the City Charter.) CA 129
EXTENSION OF CONTRACT
GREAT WESTERN RECLAMATION
GRANTED SUBJBCT TO NEGOTIATIONS
ber 31, 1978 to October 31, 1979)
contract was granted, subject to
After a lengthy
discussion, the
request for a one-year
extension (from Octo-
of the refuse collection
negotiations among the
Staff, the Contractor and a representative .of the City
Council during the next 45 days, at which time a report
shall be. submitted for Council approval, on the motion of
Councilman Ward, seconded by Councilman Bricken, and
carried 4:2, with Councilmen Brandt and Ortiz dissenting.
A subsequent motion by Councilman Bricken, seconded by
Councilman Yamamoto, and unanimously approved 6:0, authorized
Mayor Garthe to be the Council representative, or to select
a Council representative to participate in the negotiations.
The motion authorized negotiation in good Yaith on all items
relating to the contractual relationship now and in the
future, and provided that items of disagreement and agree-
ment be included in the report; and that subjects for dis-
cussion and report include, but not be limited to, the
following:
1)
A proposal of the scope of continuing ne:gotia-
tions, including the possible development of
a request for proposal (RFP) for a consultant
to do a study on key contract questions, such
as the advantage or disadvantage of re-bidding
or extending the present contract, rate compari-
sons-and reclamation possibilities;
2)
A description of the extent of financial dis-
closure or accountability by Great Western;
and
Other items set forth in the Assistant City
Manager's reports of October 11 and December 15,
1976.
Mr. H. Rodger Howell, Rutan and Tucker, representing the con-
tractor, requested that a one-year extension, instead of the
previously requested three years, be granted with the under-
standing that the year of 1977 be devoted to a good faith
commitment on the part of the Contractor and the Staff of
the City, who will sit down and spend the time to go through
the long list of items that has been developed to see if the
ultimate arrangement can be devised that meets all the concerns
expressed by the Staff, the public and the Council; that if
successful a milestone will have been achieved in public
affairs / private enterprise cooperation; that the Contrac-
tor has ha~ a good relationship with the City and wishes the
opportunity to continue it. A-76-42
CITY COUNCIL MINUTES
471
DECEMBER 20, 1976
REFLECTING POOLS As recommended by
ORANGE COUNTY COURTHOUSE J. Richard Smith,
ALLOCATION APPROVED Assistant City
Engineer, allocation
of $61,000 from the Civic Center Parking Maintenance Fund
#2661 for the conversion of reflecting pools at the Orange
County Courthouse to landscaped areas, was approved on the
motion of Councilman Bricken, seconded by Councilman Ortiz,
and carried 6:1 with Councilman Ortiz dissenting. CA 77.18
AUDIENCE MEASUREMENT PRACTICES An interim report
INTERIM REPORT - REFERRAL #31-76 dated December 14,
FILED 1976 and prepared
by Michael J.
Karger, Deputy City Attorney, describing the progress in
obtaining TV market surveys for Orange County separate
from Los Angeles County, was received and filed on the.
unanimously approved 6:0 motion of Councilman Brandt,
seconded by Councilman Ward.
CA 153.3
'ANIMAL CONTROL SERVICES After consideration
REFERRAL #43-76 - DELETED of the report dated
IMPROVEMENTS AUTHOK-I~ December 8, 1976,
and prepared by City
Manager Bruce C. Spragg, Staff was authorized to investigate
the possibility of providing alternate dog pound facilities
on the motion of Councilman Ortiz, seconded by Councilman
Ward, and carried 6:0 unanimously. On the further unanimously
approved 6:0 motion of Councilman Brandt,seconded by Mayor'
Garthe, the following action was taken:
1) Authorized addition of one vehicle when
funding becomes available;
2)
Authorized addition of up to two addi-
tional personnel commencing fiscal year
1977-78; and
3) Deleted Council Referral Item No. 43-76
from the Summary.
The City Attorney was also instructed to prepare an ordinance
to increase the penalties for violations of the leash law, on
the motion of Councilman Ward, seconded by Councilman Yamamoto,
and carried unanimously 6:0. . CA 95
AGENDA ORDER Because of the late
hour, the balance of
the afternoon Agenda
was postponed until
after the evening Agenda, on the unanimously approved 6:0
motion of Councilman Brandt, seconded by Councilman Ward.
EXECUTIVE SESSION At 5:30 P.M. Mayor
Garthe recessed the
Council for an
Executive Session
to discuss potential litigation; the meeting was reconvened
at 5:45 P.M., and immediately recessed for dinner at the
Hungry Tiger, with guests Senator and Mrs. Paul Carpenter,
and Senator Carpenter's Administrative Aides Dan Salceda
and Geraldine Lea; the meeting again reconvened at 7:30 P.M.
with the same Councilmen present.
CITY COUNCIL MINUTES
472 DECEMBER 20, 1976
INVOCATION
PLEDGE OF ALLEGIANCE
George Dunivent of the
Following the Pledge
of Allegiance to the
Flag, the Invocation
was given by Reverend
Silver Acres Conununity Church. CA 80.17
CERTIFICATE OF APPRECIATION Mayor Garthe announced
JACK WATKINS that Mr. Jack Watkins
RETIRING HRC COMMISSIONER was not present this
evening, and that the
City's Certificate of Appreciation for his service as a mem-
ber of the Human Relations Commssion will be mailed to Mr.
Watkins. CA 131.2
PROCLAMATION PRESENTATION Councilman David
COMMUNITY ORIENTED Brandt made the
POLICING PROGRAM MONTH presentation of the
Mayor's Proclamation
setting aside the month of December as Community Oriented
Policing Program Month to Police Chief Raymond Davis. Chief
Davis accepted, and made the announcement that the latest
F.B.I. statistics show that of cities that have 100,000
people or more, Santa Ana is first in the entire nation
for the highest crime rate decrease. A large banner was
displayed in the Council Chamber proclaiming Santa Aha as
Number One. CA 46
PLAQUE PRESENTATION Mayor Garthe £ntroduced
SENATOR PAUL CARPENTER newly-elected Senator
$?TH DISTRICT Paul Carpenter, 3?th
State Senatorial Dis-
trict, and presented a City Seal Tile Plaque to him. Senator
Carpenter accepted, and complimented the City on its achieve-
ment in crime reduction. He also introduced his wife, Jane,
and his Administrative Aides Dan Salceda and Geraldine Lea.
Senator Carpenter said he is looking forward to working with
Santa Ana to solve mutual problems. CA ?5B
PUBLIC HEARING - APPEAL Mayor Garthe announced
BUS DEPOT LOCATION - DENIED that this was the time
CS SITE PLAN #22 - STAFF INSTRUCTED and place for the public
hearing of an appeal
filed by James R. Sommars, of the Planning Commission Decision
Affirming Approval by the Planning Department of the Develop-
ment Plans submitted by the Greyhound Lines Agency to relocate
to 601 East Seventeenth Street (CS Site Plan Review No. 22).
Planning Director Charles Zimmerman stated that in late
September the Planning Department reviewed the development
plans for relocation of the bus terminal; that in accordance
with Section 41-425 (d) and (e), and after modifications to
include landscape planters, automobile parking stalls and
the bus loading area a minimum distance of 40 feet from the
north property line, and screening of bus loading area from
adjacent residences, the plan was approved; that building
permits were issued on October 8, 1976 and construction was
commenced on the estimated $20,000 conversion. He stated
further.that at the December 6 Council meeting, Mrs. Mickey
Madden stated that she and other property owners of the area
objected to the proposed facility, and she filed a formal
Appeal with the Planning Department; that on December ? a
stop work order was issued; that a portion of the site modifi-
cation has been completed; that on December 15, a public
hearing was held before the Planning Commission, at which
CITY COUNCIL MINUTES
473 . DECEMBER 20, 1976
time Mrs. Madden's Appeal was denied, and the development
plans for the bus depot were affirmed, subject to all pre-
vious conditions, with an additional condition that the
Applicant submit a revised ingress and egress traffic
pattern for the facility, which was done.
The following persons addressed the Council in opposition
to the site development:
Mickey Ma~den, 2319 North Rosewood
Jim Sommars, 801 East 21st Street
Jack Oakes, 2551 Santiago
Edward Talbott, 1713 North Poinsettia,
Colonel William Beach, 1010 East Catalina
Bill Blackwell, 1720 Poinsettia
Jerry Brase, 2312 North Santiago
Ann Tucker, 1019 East Catalina
Joe Bonk, 717 East 21st Street
Objections were mainly to the increased traffic congestion,
the increased noise,'the increased pollutants that are
anticipated with the arrival and departure of 25 or more
buses per day, and the insufficient parking provided for
customers at the terminal; and lack of an Environmental Impact
Report which, it was stated, should have been prepared for
this type of project.
Letters objecting to the bus depot site were filed by:
Bob Long, Dealer, Guaranty Chevrolet, 711 E. 17th Street
Mrs. Virginia Patterson, 512 East 20th Street
A letter from Robert W. Burke, 2404 N. Fairmont Avenue, was
also filed. Mr. Burke did not object to the site if bus
traffic were restricted to the 17th Street on and off ramps
to the Santa Ana Freeway, and if it were not allowed to use
surface streets in the area.
the
Those speaking in support of the bus depot site were:
Robert Dick, Regional Vice President, Greyhound Lines
John Kirby, Area General Manager, Greyhound Lines
Mr. Dick and Mr. Kirby explained that their former location
was inadequate, and that the owner wanted a long term lease;
that although there may be congestion at times at the new
location, that Greyhound Drivers have excellent records and
are capable of handling those situations; that their former
location was not one of which Greyhound was proud; that they
wisk to improve their image; that they have in other cities
(Claremont, Pasadena, Ventura) remodeled gasoline station
buildings into very attractive facilities; that the residents
at the other locations have not complained; that they believe
they can give Santa Aha a good facility that will be adequate
for the next 2-3 years; that they wish to be good neighbors
and serve all the people of Santa Aha; and that they have
the cooperation of Santa Ana's Police Department to help make
this a facility of which the people of Santa Ana will be proud.
As there were no further speakers, the Mayor closed the pub-
lic hearing. Following comments by Councilmen, the City Attor-
ney responded to questions concerning the City's potential
liability if the Appeal were granted by saying that to with-
hold or repeal the building permit would probably not be
sustained by the Courts by reason of the fact that it has
already been issued, and that a substantial amount of money
has already been expended on the improvements; and that he did
not believe that there was any theory under which the City
could be liable to the residents of the area for this use
being approved.
CITY COUNCIL MINUTES
474
DECEMBER 20, 1976
Director of Public Works John Stevens presented a revised
plan for ingress and egress for the location, a circular
right-turn plan that would eliminate a left turn on 17th
Street.
After further discussion, a motion by Councilman Bricken,
seconded by Councilman Yamamoto, to grant the Appeal failed
on a 3:3 vote, with Councilmen Brandt, Ortiz and Mayor
Garthe dissenting.
The following action was taken on the motion of Councilman
Brandt, seconded by Councilman Ward, and carried 4:2, with
Councilmen Yamamoto and Bricken dissenting:
1) To deny the Appeal;
z)
To instruct Staff to propose and negotiate the
height and length of a block wall fence with
neighboring property owners;
3)
To instruct Staff to negotiate for additional
street lighting on Poinsettia Street with
those property owners affected in-that block;
4)
To direct Staff to negotiate for an agreement
between the City and Greyhound Lines, Inc. that
will provide for the termination of the occupancy
of the building at 601 E. 17th Street, no later
than the expiration of the current lease, which
is three years or,at an earlier time. if the
transit terminal in effect becomes available;
s)
To instruct Staff to condition the site plan
approval to provide for the moderation and
location Of the volume of speakers for the
public address system; and
6)
To request Greyhound Lines, Inc. to agree that
bus engines shall not be allowed to idle beyond
a period of $ S minutes.
CA 84
RECESS
was reconvened with the
At 9:40 P.M. Mayor
Garthe recessed the
meeting; at 9:52
P.M. the meeting
same Councilmen presant.
PUBLIC HEARING - APPEAL 371 Mayor Garthe announced
NEGATIVE DECLARATION & VA 76-30 that the parties to
CONTINUED this Appeal had
requested a continuance
to January 17, 1977 to allow for further meetings. The
request was granted on the unanimously approved 6:0 motion
of Councilman Yamamoto, seconded by Councilman Brandt, sub-
ject to the understanding that no further requests for con-
tinuance would be granted. CA 13.3
PUBLIC HEARING - APPEAL 374 Mayor Garthe announced
NEGATIVE DECLARATION & VA 76-69 that this was the time
DENIED and place for the
public hearing of
Negative Declaration and Appeal No. 574 of the denial of
Variance Application 76-69 to permit a board and care facility
for approximately 50 mentally ill adults, and waiving a
portion of th~ ~equired parking at 922 and 926 North Bewley
in the R2 District.
CITY COUNCIL MINUTES
475 DECEMBER 20, 1976
Present to express objections to the proposed Variance were
Barry Jacobs, 820 North Patton, representing several property
owners, and Mr. and Mrs. Robert Berg, representing an addi-
tional nine property owners.
Planning Director Charles Zimmerman stated that the Planning
Commission report and decision to deny was complete and
sufficient to stand without further comment.
The Appellant in this matter was not present, and there being
no further speakers, Mayor Garthe closed the public hearing.
On the motion of:Councilman Brandt, seconded by Councilman
Ortiz, and carried 6:0 unanimously, the Negative Declaration
was approved and filed, and the City Attorney was directed
to prepare a resolution denying Appeal No. 374 and affirming
the decision of the Planning Commission to deny Variance
Application No. 76-69. CA 13.3
PUBLIC HEARING - VACATION Mayor Garthe announced
ALLEY NORTH OF 17TH STREET that this was the time
RESOLUTION NO. 76-155 - ADOPTED and place for the public
hearing of the proposed
vacation of a portion of the alley in Block B of the Wiley's
Addition, north of Seventeenth Street, east of Main Street
and west of Bush Street.
DireCtor of Public Works J6hn Stevens stated that the Resolu-
tion of Intention was adopted November 23, 1976, setting a
public hearing for December 6, subsequently held on December 20,
1976; that seven of the adjacent lots have been purchased by
Home Federal Savings and Loan Association; that Home Federal
has complied with instructions to allow the relocation of the
alley across Lot 7; that the relocation will provide for safer
traffic movement and allow for the consolidation of several
narrow lots into a large building site, enhance the general
area and reduce City maintenance costs.
Thomas O. Fincher, 10691 Canyon Lake~Drive, San Diego, repre-
senting Home Savings and Loan Association, was present to
answer any Council questions.
There being no further speakers, Mayor Garthe closed the public
hearing.
On the motion of Councilman Yamamoto, seconded by Councilman
Brandt, and carried 6:0 unanimously, the following resolu-
tion was adopted:
RESOLUTION NO. 76-155 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA VACATING A POR-
TION OF THE ALLEY IN BLOCK "B" OF THE WILEY'S
ADDITION TO THE TOWN OF SANTA ANA, LYING NORTH
OF 17TH STREET, EAST OF MAIN STREET AND WEST OF
BUSH STREET IN THE CITY OF SANTA ANA, CALIFORNIA.
A further motion by Councilman Yamamoto, seconded by Council-
man Ward, and carried unanimously 6:0 authorized execution
of the quitclaim deed by the Mayor and Clerk for the property
to be vacated. CA 14
CITY COUNCIL MINUTES
476 DECEMBER 20, 1976
PUBLIC HEARING - EIR & SPECIFIC Mayor Garthe announced
PLAN FOR STREET ALIGNMENT #47 that this was the time
RAITT STREET - EIR ADOPTED and place for the public
ORDINANCE NS-1540 --!~READING hearing of Environmental
Impact Report and
Specific Plan for Street Alignment No. 47, Raitt Street between
Sunflower and Alton Avenues.
Public Works Director John Stevens reported that in July 1972
by Resolution 72-71 the City Council adopted an amendment to
the General Plan (No. 1972-1) establishing a general alignment
of Bear and Raitt Streets to line up with Fuchsia Street in
Costa Mesa; that the plans for the Segerstrom development and
for the school site are based on the proposed alignmemt; that
it would be a 100-foot right of way, ~4 feet curb to curb,
with an offset center line to utilize a 20 foot section on
one side for a bike trail.
Mayor Garthe closed the public hearing, there being no further
speakers.
On the unanimously carried 6:0 motion of Councilman Yamamoto,
seconded by Councilman Bricken, the following action was taken:
1)
The Draft Environmental Impact Report, all written
materials pertaining thereto and all verbal comments
were adopted as the Final Environmental Impact
Report, and it was certified that it has been com-
pleted in compliance with CEQA and the City's rules
and regulations and that the Council has reviewed
and considered the information contained therein; and
2) The following Ordinance was placed on first reading:
ORDINANCE NO. NS-1340 - AN ORDINANCE OF THE CITY
OF SANTA ANA ADOPTING SPECIFIC PLAN FOR. STREET
ALIGNMENT NO. 47 AND ADDING SECTION 41-746 TO
THE SANTA ANA MUNICIPAL CODE, TO ESTABLISH STREET
ALIGNMENT FOR RAITT STREET BETWEEN SUNFLOWER
AVENUE AND ALTON AVENUE. CA 29.7
PUBLIC HEARING - VARIANCE 76-58 Mayor Garthe announced
GROUP HOUSING JUVENILE OFFENDERS that this was the time
DENIED and place for the public
hearing of Negative
Declaration and Variance Application 76-S8 to permit group
housing quarters for juvenile offenders in an existing motel
at 1101 West Santa Aha Boulevard in the CD District.
Planning Director Charles Zimmerman stated that the proposed
facility is located on the southwest corner of Santa Aha
Boulevard and Shelton; that on December 6 this matter was set
for public hearing by the City Council; that the Planning
Commission approved the variance on a vote of 5:1, with a
condition that after one year the variance would terminate
if there were any problems.
Speakers in favor of the variance were:
Reverend Carlos Abernathy, operator of the proposed
home facility
Beldon Fields, 1120 West Palm, Orange, owner of the
property
CITY COUNCIL MINUTES
477 DECEMBER 20, 1976
Reverend Abernathy presented a signed statement of nine
people who reside in the area and who do not object to the
housing of status offenders (juveniles), and stated that
this type of home is needed to give positive t~aining and
psychological help to enable these young people to go back
into society; that amarrangement has been made with
Fullerton State College to use members of the psychology
department to provide counseling. He described status
offenders as juveniles who have run away from home or
have had problems at home or have dropped out of school.
Mr. Fields stated that it has been difficult~to find a
tenant for his property.
There being no further speakers, Mayor Ga~the closed the
public hearing.
In response to a Council request for comment, Police Chief
Raymond Davis stated that this City would have no means
of limiting the facility to Santa Ana residents; and that
he would not be able to anticipate what kinds of problems
might be forthcoming from the project.
On the motion of Councilman Brandt, seconded by Councilman
Ward, and carried 4:2, ~ith Councilman Yamamoto and Mayor
Garthe dissenting, the Negative Declaration was approved
and filed, and the City Attorney was directed to prepare a
resolution denying Variance Application 76-S8 overruling
the decision of the Planning Commission. CA 13.3a
PUBLIC HEARING - VARIANCE 76-62 Mayor Garthe announced
RESIDENTIAL CARE HOME that this was the time
APPROVED and place for the
public hearing of
Negative Declaration and Variance Application 76-62 to allow
a residentiai care home for ten guests 18 to 64 years old,
changing a condition of Variance Application 67-117 which
limited guests to eight elderly people, at 1916 South Cedar
Street in the R1 District. The matter had been set for
hearing by the City Council at its meeting of December 6,
1976.
Planning Director Charles Zimmerman stated that the City had
received a fire inspection request from the County Health
Department to make sure this facility and others met CEQA
requirements; that-~he Planning Commission reviewed and
approved the request to increase the number of guests by two;
that there is sufficient space for the guests and there
was no objection from the neighborhood.
Cecilia Bates, 3310 West Hood, operator of the establishment,
stated that she also operates the home at 1916 South Cedar;
that she has had fire clearance for ten people for the past
seven years; that her aim is to provide a good home for
these people.
There being no further speakers, Mayor Garthe closed the
public hearing.
On the motion of Councilman Ortiz, seconded by Councilman
Yamamoto, and carried 4:2, with Councilmen Ward and Brandt
dissenting, the Negative Declaration was approved and filed
and the City Attorney was directed to prepare a resolution
approving Variance Application 76-62 affirming the decision
of the Planning Commission. CA 13.3a
CITY COUNCIL MINUTES
478 DECEMBER 20, 1976
PUBLIC HEARING Mayor Garthe announced
AMENDFfENT TO GENERAL PLAN that this was the time
RESOLUTION NO. 76-150 ADOPTED and place for the public
hearing of a proposed
amendment to the land use portion of the land use and arterial
streets section of the General Plan by redesignating parcels
located between Ross and Van Ness Streets, First and Third
Streets, from the Government and Civic Facilities to High
Density Residential.
Planning Director Charles Zimmerman stated that the proposed
Amendment to the General Plan will provide for the proposed
Senior Citizens Housing facility in the Birch Park area.
There were no speakers on the subject; Mayor Garthe closed
the public hearing.
On the unanimously ca~ried 6:0 motion of Councilman Yamamoto,
seconded by Councilman Brandt, the following resolution was
adopted: -
RESOLUTION NO. 76-1S0 - A RESOLUTION OF- THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND
USE ~LEMENT OF THE GENERAL PLAN BY REDESIGNATING
5.SS ACRES LOCATED BETWEEN ROSS, VAN NESS, FIRST,
AND THIRD STREETS FROM GOVERNMENT AND CIVIC
FACILITIES TO HIGH DENSITY RESIDENTIAL.
CA 78.3
PUBLIC HEARING Mayor Garthe announced
AMENDMENT APPLICATION 755 that this was the time
ORDINANCE NS-1341 - FIRST READING and place for the
public hearing of
Amendment Application No. 753 to rezone property located
between Ross and Van Ness Street, First and Third Streets,
from the R3, C1, C2, P (all HD-II) and 0 Districts to the
SD (Specific Development) District.
Planning Director Charles Zimmerman stated that now that the
General Plan has been amended that a Zone change is in order
to allow for a Specific Development; and that Council will
receive specific plans for consideration at a later date.
There being no further speakers, Mayor Garthe closed the
public hearing.
On the unanimously carried 6:0 motion of Councilman Brandt,
seconded by Councilman Ward, the following ordinance was
placed on first reading:
ORDINANCE NO. NS-1341 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
?SS INITIATED BY THE PLANNING CO~qlSSION REZONING
PROPERTY FROM THE R3-HDII, C1-HDII, C2-HDII, AND
0 DISTRICTS TO THE SD (SPECIFIC DEVELOPMENT)
DISTRICT AND AMENDING SECTIONAL DISTRICT MAP 12-5-10.CA
10
RECESS
reconvened with the
At ll:0S P.M. Mayor
Garthe recessed the
meeting; at 11:15 P.M.
the meeting was
same Council members present.
CITY COUNCIL MINUTES
479
DECEMBER 20, 1976
AGENDA ORDER
this time.
The remaining items
continued from the
afternoon Agenda
were considered at
ANNEXATION - SANTA ANA RIVER, On the motion of
HARBOR BLVD. ~ FOUNTAIN VALLEY Councilman Ward,
CITY LIMITS - REFERRAL 52-?6 seconded by Council-
CONTINUED man Brandt, and
carried 6:0 unan-
imously, the request for annexation of territory between
the Santa Ana River, Harbor Boulevard and the Fountain
Valley City Limits North of Edinger, Council Referral
Item No. 52-?6, was continued to January 5, 1977.
CA 94
GENERAL MUNICIPAL ELECTION On the recommendation
APRIL 5, 1977 ACCU-VOTE BALLOT, of Clerk of the Council
CONSULTANT SERVICE & $100 CHARGE Florence I. Malone, the
FOR STATEMENTS - APPROVED. -Council approved the
following on the
unanimously approved motion 6:0 of Councilman Brandt; seconded
by Councilman Ward:
1)
Approved utilization of the Accu-Vote punchcard
ballot, and authorized the City's Data Processing
Division to conduct the ballot count; CA 68
z)
Approved an-Agreement with Martin and Chapman
Company for election consultant and supplies
services, and authorized its execution by the
Mayor and Clerk; and
A-76-117
3)
Approved a policy to permit each Council
candidate to submit a statement of qualifica-
tions, not to exceed 200 words in length,
to be printed in English and Spanish for
mailing with the sample ballot for a total
cost to the candidate of $100, with all
related additional costs to be paid by the
City.
CA 68
APPROPRIATION ADJUSTMENT 83 As recommended in
PUBLIC WORKS EMPLOYMENT ACT the Assistant City
TITLE II - APPROVED Manager's report
dated December 13,
1976, allocation of funds totaling $314,000 for programs
for basic services for fiscal year 1976-77. and Appropria-
tion Adjustment No. 83 transferring funds from Revenue
Account 401-33S to Expenditure Account 401-118 were
app,~oved, on the-motion o£ Councilman Brandt, seconded by
Councilman Bricken, and carried 5:1,
dissenting.
COMMAND & CONTfROL PROJECT
AGREEMENT -RONALD G. KINSLEY
P OVED
Agreement with Ronald G. Kinsley to
with Councilman Ward
CA65.3
CA 99
The recommendation
of Police Department
Sergeant Jim Davis
to modify the City's
extend his employment
with the City ~or eight months as the key technical staff
member on the Command and Control Project was approved on
the motion of Councilman Brandt, seconded by Councilman
Bricken, and carried 5:1, with Councilman Ward dissenting.
A-76-118
CITY COUNCIL MINUTES
480 DECEMBER 20, 1976
APPROPRIATION ADJUSTMENT 78 Appropriation Adjust-
REDEVELOPMENT REVENUE CARRYOVER ment No. ?8 to receive
APPROVED investment income
and tax increment
revenue unreceived at the date of budget preparation to be
used as a portion of the acquisition cost of the 14-acre
housing site, was approved on the unanimously carried 6:0
motion of Councilman Ward, seconded by Councilman Brandt.
CA 65.3
APPROPRIATION ADJUSTMENT 79 On the motion of Coun-
BIKE TRAILS FUNDING cilman Ward, seconded
APPROVED by Councilman Yamamoto,
and carried 5:1, with
Councilman. Ortiz dissenting, Appropriation Adjustment No. 79
to establish revenue and budget appropriation accounts for
the Southern Pacific Bike Trail between Warner Avenue and
Bristol Street was approved (funded by SB 821 funds through
SCAG). CA 65.3
ORANGE COUNTY TRANSIT DISTRICT Councilman Brandt
TRANSIT TERMINAL TASK FORCE announced that there
APPROVED is a need to estab-
lish a Task Force
to work with the Orange County Transit District to facilitate
the Multi-modal Transit Terminal planned for Santa Aha, and
he distributed a report dated December 20, describing his
presentation to the members of the OCTD Board earlier during
the day.
On motion of Councilman Bricken, seconded by Councilman
Ortiz, Council affirmed support for construction of the
downtown multimodal transportation terminal to be constructed
and implemented as soon as possible; and authorized a
temporary City task force composed of three elected or
appointed representatives and three Staff members, plus
the City's Transportation Consultant to represent the City
in regular meetings for the next three to four months with
the Orange County Transportation District to negotiate the
implementation for the transportation terminal.
The motion carried 5:0, with Councilman Ward abstaining
because the architectural firm, of which he is a member,
has contracted with the OCTD for services relating to
the terminal.
The City Manager was requested by Councilman Brandt to
organize, the task force and arrange for the first meeting.
CA 84.5
CA 112.2
COMPLAINT FOR REFUND On the recommendation
TAXES PAID UNDER PROTEST of City Attorney
DEFENSE REQUEST AUTHORIZED Keith Gow, and pur-
suant to Section 5138
of the Revenue and Taxation Code, authorization was given
to request the County Counsel to provide a defense for the
City of Santa Ana in Superior Court Case No. 242374, J. C.
Penney, Inc., a Delaware Corporation v. County of Orange,
City of Santa Ana, et. al., on the unanimously approved 6:0
motion of Councilman Brandt, seconded by Councilman Bricken.
CA 139
CITY COUNCIL MINUTES
481 DECEMBER 20, 1976
ATTORNEY FEES IN
LULAC LITIGATION
CONTINUED to make a deposit
in a suitable bank
or savings and loan an amount ordered by the Superior
Court for attorney's fees in the LULAC case, was not
approved as the motion of Councilman Brandt, seconded by
Councilman Ward drew a 3:3 tie vote, with Councilmen
Yamamoto, Ortiz and Bricken dissenting. A subsequent
motion to continue the question to December 28, by Coun-
cilman Ward, seconded by Councilman Brandt, carried S:l,
with Councilman Yamamoto dissenting.
The recommendation
of the City Attorney
CA 139
ADJOURNMENT
At 11:40 P.M. Mayor
Garthe adjourned
the meeting.
R. OI~CE I. t~LOi~
CLERK OF THE COUNC{L
CITY COUNCIL MINUTES
482 DECEMBER 20, 1976