HomeMy WebLinkAbout12-04-1978MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
December 4, 1978
The meeting was called to order at 2:05 P.M. in the City Council
Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans, Coun-
cil members present were: Harry K. Yamamoto, David L. Brandt,
James E. Ward, John Garthe, and Mayor Evans. Councilmen Gordon
Bricken arrived at 2:11 P.M., and David F. Ortiz at 7:50 P.M.
The following members of Staff were present: City Attorney/Act-
ing City Manager Keith L. Gow, Assistant City Manager Daniel E.
Stone,'Director of Public Works John E. Stevens, Senior Planner
William Daugherty, and Acting Clerk of the Council Patricia E.
Rice.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge of
Allegiance to the Flag,
the Invocation was given
by Councilman Garthe.
RECESS
HOUSING AUTHORITY
Council reconvened at 2:10 P.M.
At 2:06 P.M. Council
recessed to convene the
Regular Meeting of the
Housing Authority.
with the same members present.
AGENDA ORDER
REDEVELOPMENT AGENCY
afternoon.
The Special Meeting of
the Community Redevelop-
ment Agency was post-
poned to later in the
CONSENT CALENDAR
ITEMS REMOVED &
DISSENTING VOTES
Evans; Items 5 A, 5 C,
Councilman Ward:
The following items
were removed from the
Consent Calendar:'
Items 4 F, 4 G, ~ayor
Councilman Yamamoto; Items 12 B, 12 C,
A dissenting vote was rsgistered by Mayor Evans on Item 5 B.
CONSENT CALENDAR
STAFF RECOMMENDATIONS
APPROVED
cil approved the Staff recommendations
sent Calendar Items:
On motion of Council-
man Brandt, seconded
by Councilman Yamamoto,
and carried 5:0, Coun-
on the following Con-
MINUTES
Approved the Minutes of the
Regular Meeting of November
1978.
20,
BID CALL
Approved plans and specifica-
tions, and authorized advertise-
ment for bids on the following:
PROJECT 7226 - Pacific Electric Bike Trail improvements.
CA 89
CITY COUNCIL MINUTES
477 DECEMBER 4, 1978
CONSENT CALENDAR STAFF RECOb~ENDATIONS APPROVED - Continued
BIDAWARDS
for bids on the following:
Rejected all bids as non.-respon-
sive to the bid specifications,
and authorized re-advertisement
SPEC 78-025 - Annual tree trimming "Quadrant B".
Rejected all bids for lease of equipment and authorized
re-advertisement for bids for purchase of equipment on
the following:
PROJECT 2065 Equipment for application of thermo-
plastic material. CA 89
Awarded the following on basis of lowest responsible and
responsive bidder:
SPEC 78-027 - Two sequential encoders and eleven base
station radios; awarded to Motorola Communications &
Electronics, Inc., Irvine, in the amount of $32,464.62.
PROJECT 7074 Reconstruct central parking lot at
Bowers Museum; awarded to J. W. Tiedemann Co., Whittier,
in the amount of $62,929.75. CA 89
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed Staff Report
of the following:
LUCKY TWO, INC. 1530 South Greenville - Original Type
"20" off-sale beer and wine.
MALONE, Lawrence E. 604 East Dyer Road - Premises-
to-premises transfer, Type "47" on-sale general (bona
fide public eating place).
DORCSAK, Patricia Ann - 1300 East Edinger #A - Person-
to-person transfer, Type "41" on-sale beer and wine
(bona fide public eating place). CA 146
CARROWS RESTAURANTS, INC. 1001 East 17th Street -
Original Type "41" on-sale beer and wine (bona fide
public eating place). PROTEST - Needs Minor Exception.
WOOD, Gail C. 1710 East 17th Street - Original Type
"41" on-sale beer and wine (bona fide public eating
place). PROTEST - Needs Minor Exception.
SEVERSKY, Laura E. - 1215 East Pomona Avenue, Suite A -
Original Type "42" on-sale beek and wine (public pre-
mises). PROTEST - Police and Planning - Variance
required by Ordinance No. NS-1395 (Adult Entertain-
ment Ordinance). CA 146.1
VARIANCE; CONDITIONAL USE Approved and filed Negative
PER2MIT; MINOR EXCEPTION Declaration or Notice of
Exemption, as applicable,
and Findings of Fact by Planning Commission or Zoning
Administrator on the following:
NEGATIVE DECLARATION AND CUP 78-22 - Filed by Oppor-
tunities Industrialization of Orange County to allbw
classrooms and on-the-job training at 3410 West
Maywood in the Mi District. APPROVED. A NO vote
was registered by Mayor Evans. (Agenda Item 5 b)
CA 13
CITY COUNCIL MINUTES 478 DECEMBER 4, 1978
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued
NOTICE OF EXEMPTION AND ME 78-35 Filed by Ronald H.
White/Norlin Financial to allow on-sale beer and wine
in a proposed restaurant located within 300 feet of
residences at 1200 North Main Street in the C2 Dis-
trict. APPROVED. CA 13.2
TENTATIVE PARCEL Approved and filed the Nega-
MAPS tive Declarations, approved
the following subject to
conditions in Planning Director's reports:
PARCEL MAP 1089 - Filed on October 31, 1978 by Pedro
and Blasa Duran creating two R2 parcels; both pro-
posed parcels to be used for residential purposes;
generally located on the south side of Seventh Street
approximately 150' east of Jackson Street. CA 25
PARCEL MAP 1090 - Filed on October 31, 1978 by Sukut
Construction Company, creating two M1 parcels; both
proposed parcels to be used for industrial purposes;
generally located on the south side of Chandler Ave-
nue at the intersection of Chandler and Shannon
Street. CA 25
FINAL
PARCEL MAPS
Approved the
and accepted
thereon:
following maps
the dedications
MAP 1048 - North side of McFadden Avenue west of
Euclid Street; 2' lots.
MAP 1062 Southeast corner of Seventeenth and Flower
Streets; 6 lots.
MAP 1067 - Northwest corner of Flower Street and Glen-
wood Place; 3 lots. CA 25.2
AGREEMENT
Approved the following agree-
ment and authorized execution
by Mayor and Clerk:
SIGN ENCROACHMENT - Between City and. Bank of America,
NTSA, Lessor, and Postal Finance Company, Lessee, to
allow installation of a sign encroaching in future
right-of-way at 1909 North Main Street A-78-128
CA 45.1
BOARDS &
COMMISSIONS
Accepted the following nomi-
nation for appointment
December 18, 1978:
TRANSPORTATION ADVISORY COMMITTEE - Recommendation
of the Planning Commission to appoint Robert W.
Luxembourger to complete the term ending December 31,
1978, formerly held by Fred Siffermann, as Planning
Commission representative. CA 80.9
LIABILITY CLAIMS
Referred to Administration
claims received from Novem-
ber 28, 1978. CA 65.7b
CITY COUNCIL MINUTES
479 DECEMBER 4, 1978
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
COUNCIL REFERRAL
SUMMARY
PROCLAMATIONS
through 28, 1978.
Received and filed status
report of matters referred
to Staff by Council. CA 80.2
Received and filed report
of proclamations issued by
the Mayor from November 15
CA 46
~ * * * * * * * CONSENT CALENDAR FINIS * ~ ~ * * * * *
ABC APPLICATION On motion of Coun-
1242-1244 SOUTH MAIN ST. cilman Ward, seconded
RECEIVED & FILED WITH PROTEST by Councilman Yamamoto,
and carried 4:1 with
Councilman Brandt dissenting, the staff report of the fol-
lowing Alcoholic Beverage License Application was received
and filed, and the City Attorney was authorized to file a
protest with the ABC Board:
BRUCE, Richard C. 1242-1244 South Main - Original
Type "20" of-sale beer and wine. (Agenda Item 4 F).
CA 146.1
Councilman Bricken arrived at 2:11 P.M.
ABC APPLICATION On motion of Coun-
1007 SOUTH BRISTOL ST. cilman Ward, seconded
RECEIVED & FILED by Councilman Yamamoto,
and carried 4:2 with
Councilmen Brandt and Garthe dissenting, the following Alco-
holic Beverage License Application was received and filed:
QUINTERO, Emilia M. and Lucio - 1007 South Bristol #C -
Original Type "41" on-sale beer and wine (bona fide
public eating place). (Agenda Item 4 G). CA 146.1
NEGATIVE DECLARATION & VA 78-54 Councilman Brandt's
3410 WEST MAYWOOD motion to approve and
APPROVED file the Negative
Declaration and Plan-
ning Commission Finding of Fact on the following was seconded
by Councilman Garthe, and carried 5:1 with Mayor Evans dis-
senting:
VA 78-54 - Filed by Opportunities Industrialization
of Orange County to waive the required parking for
classrooms at 3410 West Maywood in the M1 District.
APPROVED. (Agenda Item 5 A) CA 13
NEGATIVE DECLARATION & VA 78-55 On motion of Council-
501 E. ANAHURST man Brandt, seconded
MODIFY VA 73-8 - APPROVED by Councilman Garthe,
and carried 5:1 with
Councilman Ward dissenting, the following was approved and
the Negative Declaration and Finding of Fact by Planning
Commission were filed:
CITY COUNCIL MINUTES
480 DECEMBER 4, 1978
VA 78-55 Filed by William and Carolyn Cronberger to
increase the number of guests, in a home for the aged,
from 14 to 17 and to waive a portion of the required
~arking, modifying Variance 73-8, at 501 East Anahurst
in the Ri District. (Code requires 9 foot off-street
parking spaces; 4 are provided; waiver of 5 off-street
parking spaces requested.) APPROVED. (Agenda Item
5 C). CA 13
AGREEMENT - SANTA ANA On motion of Council-
DRAGONS SOCCER CLUB man Ward, seconded by
USE OF STADIUM - APPROVED Councilman Brandt,
carried 6:0 unani-
mously, the following agreement was approved, and its execu-
tion by the Mayor and Council was authorized:
SANTA ANA DRAGONS SOCCER CLUB - Between City and Santa
Aha Dragons Soccer Club for the period October 1, 1978
through February 28, 1979, for use of the Eddie West
Field - Santa Ana Stadium for a minimum of nine soccer
games. (Agenda Item 12 b) A-78-129
CA 52.8
AGREEMENT.- LOUIS KOSSUTH On motion of Council-
MOTORCYCLE RACING EVENT man Brandt, seconded
OF STADIUM - APPROVED by Councilman Ward,
and carried 5:1, with
Councilman Yamamoto dissenting, the following agreement was
approved, and its execution by the Mayor and Council was
authorized:
WORLD QUALIFIER MOTORCYCLE RACE - Between City and
Louis G. Kossuth for use of Eddie West Field - Santa.
Ana Stadium on December 29, 1978, and amending the
previous agreement of May 15, 1978. (Agenda Item 12 C)
A-78-130
CA 52.8
ORDINANCE NO. NS-1462 On motion of Council-
UNIFORM FIRE CODE man Yamamoto, seconded
2ND READING; ADOPTED by Councilman Brandt,
and carried 5:1 with
Councilman Bricken dissenting, the following ordinance was
placed on second reading and adopted:
ORDINANCE NO. NS-1462'- AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING SECTION 14-1., 14-3, 14-4, 14-5,
14-7, 14-9, 14-10, AND 14-14 OF THE SANTA ANA MUNI-
CIPAL CODE, ADDING SECTIONS 14-15, 14-16, 14-17, 14-18,
14-19 AND 14-20 THERETO, AND REPEALING SECTIONS 14-2,
14-6, 14-12, 14-13 AND 14-22 THEREOF, TO ADOPT THE 1976
EDITION OF THE UNIFORM FIRE CODE WITH AMENDMENTS.
CA 64
ORDINANCE NO. NS-1464 On motion of Council-
CHARITABLE SOLICITATION man Brandt, seconded
2ND READING; ADOPTED by Councilman Ward,
and carried 6:0 unan-
imously, the following ordinance was placed on second read-
ing and adopted:
CITY COUNCIL MINUTES
481 DECEMBER 4, 1978
ORDINANCE NO. NS-1464 - AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING SECTION 26-14 OF THE SANTA ANA
MUNICIPAL CODE TO PROHIBIT ISSUANCE OF A CHARITABLE
SOLICITATION PERMIT IF THE APPLICANT HAS BEEN CON-
VICTED OF A CRIME INVOLVING MORAL TURPITUDE WITHIN
FIVE YEARS AND TO OMIT SUBSECTIONS (a) (2) AND (a)
(3) THAT REQUIRE A DETERMINATION THAT AN APPLICANT
BE A "RELIABLE AND RESPONSIBLE PERSON" AND OF "GOOD"
CHARACTER" PRIOR TO GRANTING OF A PERMIT FOR CHARI-
TABLE SOLICITATION. CA 91
ORDINANCE NO. NS-1465
REC. & PARKS; STADIUM
2ND READING; ADOPTED
imously, the following ordinance
ing and adopted:
was
On motion of Council-
man Brandt, seconded
by Councilman Ward,
and carried 6:0 unan-
placed on second read-
ORDINANCE NO. NS-1465 - AN ORDINANCE OF THE CITY OF
SANTA ANA REPEALING SECTIONS 2-450 THROUGH 2-467 OF
THE SAMC RELATING TO THE PARK BOARD; ADDING SECTIONS
10-141 THROUGH 10-143 RELATING TO DAMAGING TREES AND
SHRUBS~; AND AMENDING SECTIONS 2-740, 2-741, 2-743,
AND 2-745 RELATING TO USE OF EDDIE WEST FIELD SANTA
ANA STADIUM. CA 52
CA 52.8
ORDINANCE NO. NS-1466 Council continued
ANIMAL CONTROL consideration of the
CONTINUED following ordinance
to the meeting of
December 18, 1978, on motion of Councilman Ward, seconded by
Councilman Brandt, and carried 6:0 unanimously:
ORDINANCE NO. NS-1466 - AN ORDINANCE OF THE CITY COUN-
CIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 5-1
THROUGH 5-67 OF THE SANTA ANA MUNICIPAL CODE RELATING
TO ANIMAL CONTROL - Council Referral Item Numbers 6-78
and 8-78. CA 95
RESOLUTION NO. 78-140 - EX 78-19 On motion of Council-
1007-C S. Bristol man Brandt, seconded
ADOPTED by Councilman Garthe,
and carried 4:2 with
Councilmen Ward and Yamamoto dissenting, the following resolu-
tion was adopted:
RESOLUTION NO. 78-140 - A RESOLUTION OF THE CITY COUN-
CIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF
THE PLANNING COMMISSION APPROVING MINOR EXCEPTION 78-19.
CA 13.5a
RESOLUTION NO. 78-141 - APPEAL 395 On motion of Council-
VA 78-40 - 3117-3125 W. STH ST. man Ward, seconded by
ADOPTED Councilman Brandt, and
carried 4:2, with Coun-
cilman Yamamoto and Mayor Evans dissenting, the following
resolution.was adopted:
RESOLUTION NO. 78-141 - A RESOLUTION OF THE CITY COUN-
CIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF
THE PLANNING COMMISSION GRANTING VARIANCE APPLICATION
NO. 78-40 AND DENYING APPEAL NO. 395. CA 13.3
CITY COUNCIL MINUTES
482 DECEMBER 4, 1978
RESOLUTION NO. 78-142 - APPEAL 396 On the motion of Council-
AA 804 EUCLID & MC FADDEN man Ward, seconded by
ADOPTED Mayor Evans, and carried
5:1, with Councilman
Brandt dissenting, the following resolution was adopted:
RESOLUTION NO. 78-142 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA DENYING AMENDMENT APPLICATION
NO. 804 AND APPEAL NO. 396. CA 10
RESOLUTION NO. 78-143 - APPEAL 394 On the motion of Council-
VA 78-41 938 N. GRAND AVE. man Yamamoto, seconded
CONTINUED TO DECEMBER 18 by Councilman Brandt,
carried 6:0 unanimously,
the following resolution was continued to December 18~ 1978
(see Minutes Page 493 for subsequent action):
RESOLUTION NO. 78-143 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE
PLANNING COMMISSION DENYING VARIANCE APPLICATION NO.
78-41 AND DENYING APPEAL NO. 394. CA 13.3
The motion was made following a motion to adopt Resolution
No. 78-143 made by Councilman Ward, seconded by Councilman
Brandt, which failed to carry on a 3:3 vote, with Councilmen
Ward, Garthe and Yamamoto dissenting.
RESOLUTION NO. 78-145 On motion of Councilman
HCDA FUNDS Ward, seconded by Coun-
ADOPTED cilman Yamamoto, and
carried 6:0 unanimously,
the following resolution was adopted and Staff was directed
to prepare an application for the Consortium Cities to receive
Housing and Community Development Act funds:
RESOLUTION NO. 78-148 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA EXPRESSING ITS CONCERN THAT
HOUSING AND COMMUNITY DEVELOPMENT ACT (HCDA) FUNDS
ALLOCATED TO AND DECLINED BY CERTAIN ORANGE COUNTY CITIES
BE RE-ALLOCATED TO ORANGE COUNTY CONSORTIUM CITIES.
CA 140.20
RESOLUTION NO. 78-146 On the unanimously
TRACT 9963 - NEWHOPE & KENT carried 6:0 motion of
ADOPTED Councilman Brandt,
seconded by Council-
man Garthe, the following resolution was adopted:
RESOLUTION NO. 78-146 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA EXTENDING THE TIME AT WHICH
TENTATIVE TRACT MAP NO. 9963 SHALL EXPIRE. CA 24
RESOLUTION NO. 78-147 Councilman Ward's
STATE-LICENSED CONTRACTORS motion to adopt the
ADOPTED; REFERRAL DELETED following resolution and
delete Council Referral
Item No. 33-78 from the Summary, was seconded by Councilman
Garthe, and carried 6:0 unanimously:
RESOLUTION NO. 78-147 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA REQUESTING THE STATE LEGISLA-
TURE TO STRENGTHEN REGULATIONS RELATING TO STATE-LICENSED
CONTRACTORS. CA 113
CA 80.6
CITY COUNCIL MINUTES
483
DECEMBER 4, 1978
RESOLUTION NO. 78-148 WORKER'S Council continued to
COMPENSATION & INSURANCE ANALYST December 18, 1978 the
HIRING EXEMPTION REQUEST CONTINUED revised classification
specification changing
the title from Risk Manager to Worker's Compensation and Insur-
ance Analyst; the request for exemptions from the hiring freeze
for Worker's Compensation and Insurance Analyst, and Safety
Analyst; and the adoption of the following resolution; recom-
mended in the report prepared by Personnel Director, dated
December 1, 1978; on the unanimously carried 6:0 motion of
Councilman Yamamoto, seconded by Councilman Brandt:
RESOLUTION NO. 78-148 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 58-281
TO CHANGE THE CLASS TITLE AND SALARY RANGE OF THE EXIST-
ING CLASS OF RISK MANAGER. CA 50
CA 50.1
A prior motion to approve the recommendations contained in
report by Councilman Brandt, seconded by Councilman Garthe,
was withdrawn in favor of the continuance.
the
INTER-COUNTY AIRPORT AUTHORITY On the motion of Coun-
QUARTERLY FINANCIAL STATEMENT cilman Brandt, seconded
FILED by Councilman Ward,
carried 6:0 unanimously,
the quarterly financial statement of the Inter-County Airport
Authority for the period ended September 30, 1978 was received
and filed. The report was transmitted with a letter dated
November 6, 1978 from James J. Antoniono in compliance with the
Joint Powers Agreement of 1974. CA 98
SCAG GROWTH & DEVELOPMENT Staff was authorized
WATER QUALITY & AIR QUALITY PLANS to submit Council's
COMMENTS AUTHORIZED previous comments on the
SCAG draft air quality
plan, on the motion of Councilman Ward, seconded by Council-
man Brandt, carried 6:0 unanimously. The action was taken in
response to a mailgram received November 20, 1978 from Orange
County Supervisor Philip Anthony requesting each City to review
the SCAG plans and to submit comments before Docember 15, 1978.
CA 141
CENTENNIAL PARK DEVELOPMENT After review and discus-
LETTER FROM MAYOR URGING COUNTY sion of the report dated
TO PROCEED - AUTHORIZED November 27, 1978 pre-
pared by Administrative
Assistant Jerry P. Brown on the Development of Centennial
Park, and on the motion of Councilman Brandt, seconded by
Councilman Garthe, carried 6:0 unanimously, the Mayor was
authorized to write a letter to the Orange County Board of
Supervisors strongly urging the County to continue with sched-
uled development of Centennial Park, and Staff was directed to
continue with Phase II (concession) Plans. The Staff reported
that calculations made by the County for operation and maintenance
costs do not consider the acreage to be occupied by structures
and the income to be generated by the proposed concessions.
CA 112.16
CITY COUNCIL MINUTES
484 DECEMBER 4~ 1978
OVERCROWDING IN ORANGE UNIFIBD The interim report dated
SCHOOL DISTRICT - REFERRAL 26-78 November 28, 1978, pre-
INTERIM REPORT - FILED pared by the Planning
Department concerning the
August 4, 1978 request by the Orange Unified School District for
payment of future residential development f~es, was received
and filed on the unanimously approved 6:0 motion of Councilman
Brandt~ seconded by Councilman Ward. The report states that
additional information has been requested from the Orange
County School District~ and that a final staff report will
be prepared for Council action when the information has been
received and analyzed. CA 38
INCREASED STREET LIGHTING A supplementary report
SUPPLEMENTARY REPORT dated November 29, 1978
FILED by Director of Public Works
John E. Stevens on the
maintenance cost and level of additional street lighting to be
installed with fourth year Community Development funds, was
received and filed on the unanimously approved 6:0 motion of
Councilman Ward, seconded by Councilman Garthe. CA 140.20
AGREEMENT - FUNDING FOR ORANGE Consideration of funding
COUNTY FAIR HOUSING COUNCIL for Orange County Fair
CONTINUED TO DECEMBER 18 Housing Council was
continued to 3:00 P.M.,
December 18, 1978, and the City Manager was instructed to
select Staff members to work with the Orange County Fair Housing
Council, on the motion of Councilman Brandt, seconded by Council-
man Ward, carried 5:1, with Councilman Yamamoto dissenting.
An earlier motion to allocate $7,500 to the Orange County Fair
Housing Council, by Councilman Yamamoto, seconded by Councilman
Ward, failed to carry 2:4, with Councilmen Brandt, Garthe, Bricken,
and Mayor Evans dissenting. A motion by Councilman Yamamoto to
approve funding in the amount of $5,000 was not seconded.
Bill McCue, Executive Director of the Fair Housing Council,
stated that he had contacted some of the people involved in
the dispute between mobile home park tenants and landlords;
that mediation services had been offered, but that the tenants
felt that the only solutions would probably be found in new
State legislation. Mr. McCue further indicated that the pro-
ductivity of the Council had been increased; that last year
they had handled 12,000 clients and that during the first nine
months of this year 12,000 had been counseled; that Santa Ana
Councilmen would be welcome to visit the office and meet
Michael Phinney, landlord-tenant counselor, Lupe Rivera, bi-
lingual counselor and Debbie P~ia, statistician; and that
monthly activity reports have been submitted regularly to City
staff. Mr. McCue stated that the location of the Council's
office at 1525 East Seventeenth Street was selected because
it meets their space requirements; and that their office loca-
tion does not seem to be significant in terms of their ser-
vice because 95% of their work is done by telephone. CA 112.15
RECESS
with the
same members of
At 3:15 P.M. Mayor
Evans recessed the
meeting; at 3:30 P.M.
the meeting reconvened
Council present.
HIRING FREEZE EXEMPTION Following oral reports
REQUESTS - APPROVED by Director of Public
Works John E. Stevens,
and Police Department
Captain J. L. Dittman, summarizing the justification for their
respective requests, the following hiring freeze exemptions
were approved:
CITY COUNCIL MINUTES 485 DECEMBER 4, 1978
Public Works Department - Engineering Draftsman; on the
motion of Councilman Garthe, seconded by Councilman
Brandt, carried 5:1, with Councilman Ward dissenting.
Police Department - Stock Clerk (Evidence & Property
Controller), ~nd Office Supervisor; on the unanimously
carried 6:0 motion of Councilman Brandt, seconded by
Councilman Garthe.
Police Department - Three Police Officers; motion by
Councilman Brandt, seconded by Councilman Garthe,
carried 4:2, with Councilmen Yamamoto and Bricken
dissenting.
City Attorney's Office Deputy City Attorney; motion
by Councilman Garthe, seconded by Councilman Brandt,
carried 6:0 unanimously. CA
5O
ADDITIONAL 143 UNITS SECTION 8 On the unanimously
HOUSING ASSISTANCE - APPROPRIATION carried 6:0 motion of
ADJUSTMENT NO. 63 - APPROVED Councilman Yamamoto,
seconded by Council-
man Ward, Appropriation Adjustment No. 63 to receive Housing
and Urban Development funds and provide distribution accounts
for the increased grant of $289,805 for housing assistance
payments to owners of an additional 143 leased housing units
within the City of Santa Ana, was approved. The budget adjust-
ment implements Housing Authority action of July 25, 1978.
CA 65.3; CA137.2
SUMMER YOUTH PROGRAM On the recommendation
CETA TITLE Iit - APPROPRIATION of Manpower Project
ADJUSTMENT NO. 69 - APPROVED Coordinator Keith E.
AGREEMENT - APPROVED Blunt, in his report
dated November 21,
1978, and on the unanimously carried 6:0 motion of Council-
man Ward, seconded by Councilman Brandt, a contract modifica-
tion between the City and the Orange County Manpower Commis-
sion to provide the City with $37,634 for the 1978 Summer
Program for Economically Disadvantaged Youth, was approved,
and its execution by Mayor and Clerk authorized; and
Appropriation Adjustment No. 69 to receive the funds and trans-
fer to CETA Title III activity accounts for the program was
approved. A-78-131; CA 65.3; CA 140.3
TRAFFIC PAINTING & SIGNING Appropriation Adjustment
APPROPRIATION ADJUSTMENT NO. 77 No. 77 transferring
APPROVED $25,000 from Council
Capital Reserve to
Public Works - Traffic Painting & Signing to meet demands
for new traffic signs and markings, was approved on the
motion of Councilman Yamamoto, seconded by Councilman Garthe,
and carried 6:0 unanimously. The Director of Public Works,
John E. Stevens, recommended the transfer of funds in his
report dated November 27, 1978. CA 65.3; CA 18.3
INSTALLATION OF SIDEWALK A change order to Pro-
3RD & ROSS - PROJECT 2064 ject 2064 (widening of
CHANGE ORDER APPROVED Ross Street, First
Street to Third Street)
to add the repair of sidewalks and curbs and removal of trees
along Third Street, Ross Street to the west edge of Van Ness
Avenue, at an approximate cost of $11,000, was authorized on
the unanimously approved 6:0 motion of Councilman Ward, seconded
by Councilman Garthe. The December 4, 1978 report prepared by
CITY COUNCIL MINUTES
486 DECEMBER 4, 1978
Executive Director for the Redevelopment Agency Richard
Goblirsch recommends the change order, stating that its
approval would eliminate some three to four months delay,
and that the price is reasonable and can be funded from
funds budgeted by the City and the Redevelopment Agency for
the widening of the Ross Street area. CA 89
ORAL COMMUNICATION Councilman Garthe took
TELEVISION COVERAGE OF exception to a comment
OF CALIFORNIA BAND REVIEW made by a Channel 4
news reporter covering
the California Band Review in the Municipal Stadium. The
statement was that in the sleepy town of Santa Aha, the only
thing of interest was to look up in the clouds and see the
clouds go by. CA 153
ORAL COMMUNICATION Mayor Evans referred to
JOINT WELL FIELD PROJECT a memorandum dated Dec-
IN SOUTH SANTA ANA ember 1, 1978, just
received from Council-
man Ward, presenting numerous questions concerning the joint
well field project proposed by the Irvine Ranch Water District;
and suggested that Councilmen and Staff may wish to prepare
comments for the next Council meeting. CA 12
RECESS At 3:35 P.M. the meeting
COMMUNITY REDEVELOPMENT AGENCY was recessed to convene
EXECUTIVE SESSION a special meeting of the
Community Redevelopment
Agency; at 3:50 P.M. the City Council meeting was reconvened
and immediately recessed to hold an Executive Session to con-
sider legal and personnel matters; at 4:07 P.M. the meeting
was reconvened and immediately recessed for dinner.
MEETING RECONVENED The Council meeting was
INVOCATION reconvened at 7:30 P.M.
PLEDGE OF ALLEGIANCE with all Council members
present, including Coun-
cilman Ortiz. Following the Pledge of Allegiance to the Flag,
the Invocation was given by Pastor Timothy Trout, Church of
the Nazarene.
PROCLAMATION PRESENTATION Councilman Yamamoto
THE "VILLA" presented a proclamation
to Doris LaMatna,
Administrator of the
"Villa", Orange County Alcoholic Women's Rehabilitation Center,
Inc., proclaiming the month of December as "It's OK Not to Drink
Month". Mrs. LaMatna thanked the Mayor, Councilman Yamamoto
and the Council, and said that the Rehabilitation Center asks
that people drink responsibly during the holidays. CA 46
PUBLIC HEARING - APPEAL NO. 398 The Mayor announced that
MINOR EX. 78-32 1111 S. MAIN ST. this was the time and
DENIED place for the public
hearing of the Notice of
Exemption and Appeal No. 398 of the Zoning Administrator's
denial of Minor Exception No. 78-32 to allow on-sale beer
and wine in an existing restaurant (Angelo's Pizza) located
within 300 feet of residences in the C1 District at 1111 South
Main Street, which was continued from the November 20, 1978
meeting.
CITY COUNCIL MINUTES
487 DECEMBER 4, 1978
Senior Planner William Daugherty described the location of the
property and its proximity to Lathrop Junior High School and
Franklin Elementary School, across the street on Main Street
and approximately one block away on Sycamore Street, respectively.
He stated that the property is zoned C1 and that the General
Plan designation is Multi-use Corridor; that the Zoning Adminis-
trator denied the application on October 27, 1978 because of
the action of the Santa Ana Board of Education, transmitted
to the Alcoholic Beverage Control Board by a letter dated
September 13, 1978, to file a protest on the grounds that
"school children would be regularly in the vicinity of the
establishment at times when alcoholic beverages would be served,
causing potential harm to the safety and morals of the children".
The Acting Clerk of the Council reported that there were no
written communications.
Barry Jacobs, Attorney, 2009 North Broadway, representing
the appellant, Marcos Schulz (Angelo's Pizza), stated that
the determining factor in the granting of a minor exception
permit is whether or not the intended sale conforms with
the City's designated land use; that the reason given for
denial was that the School District had filed a protest in
accordance with their public policy, rather than on the basis
of the facts; that in his opinion this was discrimination;
that the nearby schools are "closed campus"; that the restau-
rant has been open since 1973 and there have been no problems;
that beer and wine would be served only with food; and that
there would be no bar area.
Gerald Lance, Assistant to the Superintendent, Santa Ana
Unified School District, 1405 French Street, reaffirmed the
reasons for the School Board action protesting the granting
of an ABC license contained in the letter dated September 13
to the ABC Board.
In rebuttal, Mr. Jacobs stated that none of the property owners
within three hundred feet of the property filed any protest;
that the applicant would like to provide beer and wine with
meals in order to compete with similar establishments in the
area; that denial of the minor exception would create a hard-
ship for the applicant.
There were no other speakers, and the Mayor closed the public
hearing.
Councilman Brandt's motion to approve and file the Notice of
Exemption and to grant Appeal No. 398, approving Minor Excep-
tion 78-32, and overruling the decision of the Zoning Adminis-
trator, seconded by Councilman Ortiz, failed to carry on a 3:4
vote, with Councilmen Ward, Garthe, Yamamoto and Mayor Evans
dissenting.
During the Council discussion prior to the vote, Councilman
Yamamoto expressed the view that children walking to and from
school should be protected from the potentially corrupting
influence of liquor establishments. Mayor Evans concurred,
and said that the granting of the minor exception would
encourage the opening of more similar establishments close
to schools. Councilman Ward commented that the area is already
inundated with bars and that the schools have enough problems
without adding to them.
Councilman Bricken stated the opinion that the sale of beer
and wine is fairly innocuous; that the restaurant must be
able to serve these beverages in order to compete; that most
of the restaurant patronage is during hours when schools are
closed; and that restaurant sale of beer and wine presents
no real danger to the morals of the school children. Coun-
CITY COUNCIL MINUTES
488 DECEMBER 4, 1978
cilman Brandt reminded Council that if it takes this direction
there are many other restaurants that should be denied an ABC
license; that to assert that beer and wine sales with meals in
a small restaurant with the capacity of 24 customers will be
the downfall of student morals is fallacious; and that none
of the neighbors objected. CA 13.5
PUBLIC HEARING - VA 78-50 The Mayor announced that
1505-1511 LA BONITA STREET this was the time and
VARIANCE APPROVED place for the public
hearing of Negative
Declaration and Variance Application 78-50 to move a duplex
onto a lot which presently contains one single family dwelling
and two duplexes at 1505-1511 La Bonita Street in the RI Dis-
trict, which was set for public hearing by Council on Novem-
ber 6, 1978 and continued from November 20, 1978.
Senior Planner William Daugherty identified the property and
described the surrounding uses with the aid of a slide trans-
parency. He stated that the property is 150 feet wide and 300
feet in depth; that an RI property such as this cannot contain
more than one dwelling unit unless the parcel is in excess of
1/2 acre in size; that if the property were developed RI, there
would be fifteen feet between dwellings; that Planning Staff
and Planning Commission have consistently supported the type
of duplex design proposed in that it affords design control
and a substantial amount of open space; that the plan provides
for fifteen parking spaces, which is in excess of RI require-
ments; and that the proposed development will provide substan-
tially more amenities than individual development of single
family homes.
The Acting Clerk of the Council reported that there were no
written communications.
Dave Wetzel, 14524 Allegan, Whittier, representing the applicant,
spoke in favor of the variance application.
There were no other speakers, and the Mayor closed the public
hearing.
On the motion of Councilman Garthe, seconded by Councilman Ward,
carried 6:1, with Mayor Evans dissenting, Council approved and
filed the Negative Declaration and directed the City Attorney
to prepare a resolution approving Variance 78°50 and affirming
the decision of the Planning Commission. CA 13.3A
AMENDMENT APPLICATION NO. 806 The Mayor announced that
WEST SIDE OF TUSTIN AVENUE. this was the time and
IN COUNTY - ORDINANCE NS-1467 place for the public
FIRST READING; PUBLICATION hearing of Negative
Declaration and Amendment
Application No. 806 to prezone property on the west side of
Tustin Avenue between First and Fourth Streets from the P-A
(Professional-Administrative) District in the County of Orange
to the C5 (Arterial Commercial) District in ~he City of Santa
Ana, recommended for approval by the Planning Commission follow-
ing public hearing on November 27, 1978.
Using a slide transparency, Senior Planner William Daugherty
identified the property. He stated that the property is a
County island surrounded by City of Santa Ana, with approxi-
mately 148 feet of frontage on Tustin and a depth of approxi-
mately 315 feet; that the Local Agency Formation Commission
has acted upon the annexation request and designated the City
of Santa Ana as the hearing body; that the property owner is
CITY COUNCIL MINUTES
489
DECEMBER 4, 1978
in support of the annexation proposal; and that the CS designa-
tion applies to the surrounding properties.
The Acting Clerk of the Council reported that there were no
written communications.
Bob St. Pierre, representing the owner of an adjoining property
at 14871 Tustin Avenue, Don Woodeman, stated that he and Mr.
Woodeman are in favor of the annexation and in favor of the
C5 zoning; that their property has a business located on it
and that the features of C5 would allow more freedom for
development of a more beautiful complex consistent with the
Spanish architecture of the existing building, and he urged
Council approval of the amendment application.
There were no other speakers, and the Mayor closed the public
hearing.
On the unanimously carried 7:0 motion of Councilman Brandt,
seconded by Councilman Garthe, Council approved and filed the
Negative Declaration, placed the following ordinance on first
reading and authorized publication of title:
ORDINANCE NO. NS-1467 - AN ORDINANCE OF THE CITY OF
SANTA ANA APPROVING AMENDMENT APPLICATION NO. 806 TO
PREZONE PROPERTY LOCATED ON THE WEST SIDE OF TUSTIN
AVENUE NORTH OF FIRST STREET IN THE COUNTY OF ORANGE
TO THE CS (ARTERIAL COMMERCIAL) DISTRICT AND AMENDING
SECTIONAL DISTRICT MAP NO. 8-5-9. CA 10
PUBLIC HEARING - APPEAL NO.
REVOCATION OF VA 77-33
1446 S. FLOWER ~ CONTINUED
FOR SIX MONTHS
399
Planning Commission of Variance 77-33
repair business in an existing service station at
Plower Street in the Ri District.
The Mayor announced that
this was the time and
place for the public
hearing of Appeal No. 399
of the revocation by the
to allow an automobile
1446 South
Senior Planner William Daugherty identified the property and
stated that on August 22, 1977 a variance was approved to
allow an addition to the existing service station to allow an
automobile repair garage to operate in the facility; that two
of the conditions of the variance were that any signs must be
approved by the Planning Department, and that there be no out-
side storage of vehicles or equipment on the premises; that
in June 1978 the Planning Department determined that numerous
vehicles had been stored outside on the property for a substan-
tial length of time; that Planning Commission hearings com-
menced on July 10, 1978 and were continued to July 24 and
September 11 to allow the applicant and property owner to
remove the vehicles; that on November 13, 1978 outside storage
of vehicles still existed, and the Planning Commission acted
to recommend revocation of the variance, disallowing the
garage operation.
The Acting Clerk of the Council reported there were no written
communications.
Michael Saba, owner of the garage, spoke in favor of the appeal
and in opposition to the revocation. He said that the garage
has done no harm; that he has a lease with the operator which
cannot be broken; that he has done all he can do to encourage
the lessee to clean up the property; that the lessee has done
his best to do so; and that people don't always pick up their
cars right away.
CITY COUNCIL MINUTES
490
DECEMBER 4, 1978
Ignacio Abbattista, lessee and operator of the garage, said
that when he was asked to clean out the vehicles he did so;
that the nature of the business requires that vehicles be on
the premises; that the cars that are there are being worked
on; that his customers do not always have the cash money for the
work being done, and they leave their cars until they have the
money to pick them up.
J. Ogden Markel, 1814 S. Parton Street also spoke in favor of
the appeal. He stated that the service station has been in
this location since 1946 serving the auto service needs of the
neighborhood; that he knows of no citations for obstructions
to law and order; that the garage does a tremendous service,
has ample parking, and is in an area of many small public ser-
vice establishments, and is not bad looking; and he urged Coun-
cil to give attention to the miscellaneous operation of a ser-
vice station, and in the interest of good community relations
and good service to the people in the area, to keep the service
station and garage open.
There were no other speakers, and the Mayor closed the public
hearing.
Councilman Ortiz' motion, seconded by Councilman Brandt, to
approve Appeal No. 399 reinstating Variance No. 77-33 and
reversing the decision of the Planning Commission, was amended
on the motion of Councilman Brandt, seconded by Councilman
Bricken, carried 6:1, with Councilman Yamamoto dissenting, to
continue the public hearing for a period of six months and to
direct Staff to monitor compliance with the conditions of the
variance and report to Council any violations.
The general consensus of the Council during the discussion
which preceded the vote on the amended motion was that the
service station is performing a much needed service, but that
the garage has been in violation of the variance conditions;
Councilman Bricken commented that Council hopes the garage can
operate successfully within the variance conditions; Mayor
Evans and Councilman Brandt pointed out the probationary
effect of Council's action to continue the public hearing.
CA 13.3
USE OF CD BLOCK GRANT FUNDS Following the Mayor's
HISTORIC BUILDING SURVEY announcement that this
CONTINUED TO JANUARY 2~ 1979 was the time and place
for the public hearing
of the use of $6,000 in Community Development Block Grant
Contingency Funds for a historic building survey by the Environ-
mental Coalition of Orange County; the oral report by Community
Development Coordinator Alice McCullough; and the comments by
Hal Thomas and J. Ogden Markel; Council continued consideration
of the matter for thirty days~ on the motion~of Councilman
Bricken, seconded by Councilman Brandt, carried 6:1, with
Councilman Ortiz dissenting.
Mrs. McCullough reported that the State Office of Historic
Preservation recently announced the availability of funds for
community-based organizations for the purpose of conducting
historical research surveys; that the Environmental Coalition
has applied for one of these grants for a survey of four areas
of the City of Santa Ana; that the State would grant $15,000
against $9,000 in-kind match, and $6,000 CDBG match; that both
the CD Management Team and the Community Redevelopment Commis-
sion have recommended approval with certain stipulations; that
the Commission stipulations are listed in the report dated
November 15, 1978, prepared by Redevelopment Executive Director
Richard E. Goblirsch; that the conditions recommended by the
Community Development Management Team are 1) that a portion
CITY COUNCIL MINUTES
491 DECEMBER 4, 1978
of the $15,000 be used to hire a professional and recognized
historian to be the director responsible for the study; 2)
that at least one City staff or Commission member be included
as a member of a criteria review board; and 5) that draft copies
of final publication be reviewed by Planning Commission,
Redevelopment Commission and the City Council before public
distribution.
The Acting Clerk of the Council reported that there were no
written communications that were not already included in the
Council materials (letter dated November 12, 1978 from Donna
Minick, Secretary, "Old Courthouse & Museum Society").
Harold Thomas, Executive Director of the Environmental Coalition,
stated that the conditions of the CD Management Team and the
Redevelopment Commission were all acceptable to his organiza-
tion; he reviewed the benefits to the City of the proposal:
1) City would spend $6,000 and receive $24,000 worth of bene-
fit in return; 2) City would obtain a comprehensive report which
would serve as a planning tool which exceeds the federal permit
process requirements for all federally funded projects in the
City; 3) the study would fulfill the mandates of the Historic
Preservation Act of 1966.
J. Ogden Markel, 1814 South Parton Street, stated that Santa Aha
celebrated its Centennial about ten years ago, and that there
are a few historical buildings in the City that have existed
for 75 to 100 years; that it is not necessary to allocate funds
for a historical study when he and other City historians would
be glad to point out the buildings which have historical value
in the City at no cost to the City.
There were no other speakers, and the Mayor closed the public
hearing.
Councilman Bricken commented that Santa Ana has been well
researched historically and that a number of publications and
additional material exist by Charles Swanner, James Sleeper,
Mrs. Weston Walker and others; he suggested that the proposed
comprehensive report could possibly add something of value
to the existing publications by relating historical information
to specific sites; that these publications could be used for
resource information, and Mr. Swanner and other City historians
could be asked to help define the program design. Councilman
Yamamoto questioned the legality of the use of the funds;
Cougcilman Ward agreed with Councilman Bricken and pointed
out that comprehensive historical information is mandatory
for some of the City's Community Development and Redevelopment
programs. CA 85.1
ORAL COMMUNICATION Wayne Rash, 16661 East
WAYNE RASH McFadden Avenue, Apart-
ELECTION CONSOLIDATION ment #35, Tustin, sug-
gested that Council consider
consolidation of the City's general municipal election with
the Orange County School Board election in November 1979.
CA 78
ORAL COMMUNICATION In response to a sugges-
COUNCILMAN BRICKEN - SISTER CITY tion made by Councilman
TECATE, MEXICO - ENDORSED Bricken that Council con-
sider establishing a for-
mal Sister City relationship with Tecate, on the motion of
Councilman Bricken, seconded by Councilman Garthe, carried 6:1,
with Councilman Yamamoto dissenting, Council endorsed the idea
for consideration by citizens groups and the Sister City Commit-
tee, of which Councilman Ortiz is a member. CA 67
CITY COUNCIL MINUTES
492 DECEMBER 4, 1978
RESOLUTION NO. 78-143 - APPEAL 394 Councilman Bricken's
VA 78-41 938 N. GRAND AVE. motion to reconsider the
ADOPTED following resolution,
which had been acted
upon during the afternoon meeting, was seconded by Councilman
Ward, and unanimously carried 7:0; the resolution was adopted
by a 4:3 vote, with Councilmen Brandt, Yamamoto and Ortiz
dissenting, on the motion of Councilman Ward, seconded by
Councilman Bricken:
RESOLUTION NO. 78-143 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE
DECISION. OF THE PLANNING COMMISSION DENYING VARIANCE
APPLICATION NO. 78-41 AND DENYING APPEAL NO. 394.
CA 13.3
ADJOURNMENT
At 9:25 P.M. the meet-
ing was adjourned by
unanimous informal
Council consent.
Acting Clerk of the Council
CITY COUNCIL MINUTES
493
DECEMBER 4, 1978