Judge Orders Santa Ana to Rescind New North-Central Traffic Controls

A Superior Court judge Monday ordered Santa Ana to rescind measures aimed at removing rush-hour traffic from a north-central neighborhood, including a ban on early morning right turns that resulted in $52 fines for many angry drivers.

Members of a citizens’ group, Concerned Residents of Santa Ana, who had submitted a petition to the city with 3,000 signatures opposing the measures, were jubilant. Spokesman Jim Lowman said the only problem with McCartin’s ruling was that he rejected the group’s demand that the city make $100 payments to each person ticketed and restore $100,000 to the general fund to make up for the cost of the traffic measures.

“We’re not planning any big celebration,” Lowman said, “but my sentiment is that this was a victory for all the people of Santa Ana.”

Judge Donald A. McCartin didn’t specify when the ruling will take effect. Lowman said he will go back to court if the measures are not lifted in 10 days.

City Atty. Edward C. Cooper said he doesn’t believe the ruling can take effect until a state court of appeal hears the case. Cooper said he will recommend that the City Council vote at its Feb. 18 meeting to pursue a state court appeal.

“In my view, the judge is wrong,” he said, noting that the City Council held numerous public hearings and commissioned a study by traffic experts before enacting the plan. He added that Flower Street, the focus of the protests, has been designated in the city’s general plan as a residential street rather than a major arterial or commuter route.

He said also that the opponents’ argument that the city acted to favor a small group--Flower Street residents--was incorrect since the council had enacted a similar plan in a northeast neighborhood and had planned to look at other traffic-impacted areas of the city.

“I think the City Council took the action to protect that entire neighborhood,” rather than just Flower Street residents, he added.

Milo DeArmey, attorney for the citizens’ group, said he felt McCartin’s ruling reflected the “arbitrary and capricious” actions of the City Council in passing the North-Central Santa Ana Traffic Protection Plan, which affected a neighborhood north of 17th Street between Bristol Street and the Santa Ana Freeway.

“I just think that it was an absurd and ridiculous situation created by the City Council,” he said.

McCartin’s action calls for the city to:

- Remove the 6 to 9 a.m. “no-right-turn” provision for traffic eastbound on Memory Lane to Flower Street.

- Remove traffic “diverters” that prevent motorists from traveling north past 17th Street on Flower and Ross streets.

- Reset a traffic light at Flower and 17th that had been adjusted to reduce the number of cars that can move south on a green light.

- Restore left-turn lanes from Bristol onto Memory.

McCartin ruled also that the city should pay Concerned Residents of Santa Ana’s attorney’s fees and costs of the suit, which should total about $6,000, DeArmey said.

Bob Davies, who lives on Flower Street and acts as a spokesman for residents who support the measures, said he was taken aback by Monday’s decision.

“I am stunned and surprised,” he said. “It was a well-thought-out plan with lots of public input that preserved the residential flavor of the neighborhood.”