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HomeMy WebLinkAbout03-18-1974MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA March 18, 1974 The meeting was called to order at 2:10 P.M., in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the following Councilmen present: Lorin Griset, Vernon S. Evans, J. Ogden Markel, James E. Ward, Harry K. Yamamoto, and Mayor Jerry M. Patterson. Councilman Garthe arrived at 2:20 P.M. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Planning Charles Zimmerman, who was replaced by Senior Planner Edward P. James for the evening meeting, Director of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. PLEDGE OF ALLEGIANCE INVOCATION Following the Pledge of Allegiance, Councilman Yamamoto gave the Invoca- tion. (CA 80.17) SPECIAL PRESENTATION Mayor Jerry Patterson EDGEWOOD PRIVATE SCHOOL introduced two teachers, Ms. Barbara Meyer and Ms. Mary Musial, from the Edgewood Private School, who were accompanied by a group of students representing the school as councilpersons within the school, who came to observe a City Council meeting. (CA 38) MINUTES Councilman Evans, carried. The Minutes of the Adjourned Regular Meeting of March 11, 1974, were approved as submitted on motion of seconded by Councilman Markel, and unanimously RESOLUTION 74-40 A RESOLUTION OF THE CITY BICYCLE FUND APPLICATION COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PLANNING DIRECTOR TO MAKE APPLICATION TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS TRANSPORTATION PLANNING AGENCY FOR A GRANT FROM THE LOCAL TRANSPORTATION FUND was adopted on motion of Council- man Evans, seconded by Councilman Garthe, with dissenting vote by Councilman Markel. Prior to adoption, the resolution was read by title only and full reading was waived on the unani- mously carried motion of Councilman Evans, seconded by Council- man Yamamoto. (CA 18.6) CONSENT CALENDAR Mayor Patterson; and Councilman Ward. Items 1 B, The following Agenda items were removed from the Con- sent Calendar: Items 3 B, 7 A, and 8 C requested by 3 A, and 15 A requested by On motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: CITY COUNCIL MINUTES 93 MARCH 18, 1974 BID CALLS ment for bids on the following: Approved plans and specifications, and authorized advertise- SPEC. 74-005 - Six (6) Solo Motorcycles. (CA 89) BID AWARDS and most responsible bidder: Awarded contracts as follows on the basis of lowest, best PROJECT 7032 - Construction of water mains and fire hydrants on Segerstrom Avenue and South Grand Avenue; awarded Phase I to McCoy Construction Co., Los Angeles; awarded Phase II to McGuire Construction, Inc., Placentia. SPEC. 73-035 - One 18,000 GVW Conventional Cab & Chassis and Dump Bed with Hoist; awarded to International Harvester Co., Anaheim. SPEC. 74-001 - One 27,500 GVWR Cab over Cab and Chassis only; awarded to International Harvester Co., Anaheim. SPEC. 74-002 - Street Flusher Harvester Co., One 19,000 Gallon Cab over Truck; awarded to International Anaheim. SPEC. 74-003 - One Tractor-Loader Wheel Type with Extension Backhoe; awarded to Milo Equipment Corp., Santa Aha. (CA 89) VARIANCES Received and ordered filed the following Negative Declaration and Planning Commission Findings of Fact: VA 74-3, DAVID A. HAYES - To allow expansion of an existing blueprinting business into a residence for a maximum period of not more than 5 years in the PB District at 401 South Sycamore and 402-406 South Main. APPROVED. (CA 13) PUBLIC PROPERTY USE Property: Approved the following Applications for Special License to Use Public ANNUAL FIRE PREVENTION PARADE - Application by Fire Department for parade, commencing at Civic Center Drive West and Broadway, south on Broadway, west on 4th Street, and north on Flower Street into Stadium; on October 12, 1974, from 10:00 A.M. to 11:30 A.M. ANNUAL FIRE PREVENTION CARNIVAL - Application by Fire Department to use Memorial Park on May 25, 1974, from 7:00 A.M. to 5:00 P.M. (CA 45.1) CITY COUNCIL MINUTES 94 MARCH 18, 1974 DEEDS, NO CASH Received and ordered GRANTEE, CITY filed a report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-1S6, from March 7 through March 13, 1974, inclusive. (CA 155) CHANGE ORDER Approved the following Change Order: PROJECT 5013 - Modification of signals at 17th Street and Grand Avenue, McFadden Avenue and Grand Avenue, and installation of new signals and lighting systems at 17th and Cabrillo Park Drive; Change Order #1, increasing in the amount of $400.00. (CA 89) SURPLUS PROPERTY Acting on the recom- mendation of the Purchasing and Property Control Officer, contained in his memorandum dated March 13, 1974, Council: 1) Declared the property surplus in accordance with Section 2-703 of the Santa Ana Munici- pal Code; 2) Authorized its sale at a public auction to be held on April 6, 1974, at 10:00 A.M., 730 E. Warner, Santa Ana; and 3) Designated Purchasing and Property Control Officer Don Ramsey and Account Clerk I Kathleen Power as the Auctioneer and Clerk, respectively. (CA 45) BUDGET TRANSFER Authorized transfer of funds as follows: APPROPRIATION ADJUSTMENT #50 - To transfer: From Account No. To Account No. Amount 11-000-911 51-911 11-113-843 51-411-621 $16,000.00 16,000.00 For purchase of a gasoline service truck to improve the efficiency in the refueling of City-owned vehicles. (CA 65.3) * * * * * * * ~ CONSENT CALENDAR FINIS BID CALL Approved plans and speci- SPEC. 74-006 fications, and authorized GASOLINE TRUCK advertisement for bids for the following, on the motion of Councilman Griset, seconded by Councilman Garthe, with dissenting vote by Councilman Ward: SPEC. 74-006 1000-Gallon Gasoline Truck. (CA 89) AGREEMENT The agreement between STORM DRAIN the City, Orange County REDHILL AVENUE Flood Control District, City of Tustin, and Irvine Industrial Complex for construction of storm drain in CITY COUNCIL MINUTES 95 MARCH 18, 1974 Redhill Avenue between Barranca Channel and Edinger Avenue was approved, and its execution authorized by the Mayor and City Clerk, on motion of Councilman Griset, seconded by Councilman Yamamoto, witk dissenting vote by Councilman Ward. (A-74-13) AGREEMENT The memorandum dated ORDINANCE NS-1201 March 14, 1974 from the P.E.R.S. CONTRACT AMENDMENT Director of Personnel, recommending adoption of an ordinance authorizing an amendment to the contract between the City Council and the Board of Administration of the California Public Employees' Retirement System to provide for policemen and firemen retirement at age 50 at fifty per cent of salary, and widows' benefits, was considered by Council. ORDINANCE NO. NS-1201, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM was passed to second reading by title only, and the full reading was waived, on the unanimously carried motion of Councilman Evans, seconded by Councilman Yamamoto. (A-?4-1~) VARIANCE 73-62 The Planning Commission FIRST WESTERN BANK Findings of Fact, approv- AND TRUST CO. lng Variance Application 73-62, filed by First Western Bank and Trust Company, to allow townhouse development in the R 2-PRD and R 1-PRD Districts with less than the re- quired open space at 2250 E. Santa Clara, were reviewed by staff. The Planning Director stated that the staff had recom- mended denial of the application for reasons enumerated on page 3 of the Findings. Mr. Jack Hall, representing the applicant, described the proposed townhouse development, stating that it was one of the most popu- lar and successful designs for townhouses in the County; and that there had been no objections to the proposal at the Planning Commission hearing on the matter. Variance Application 73-62was set for public hearing before the City Council, at its meeting of April 1, 1974, at 7:30 P.M., on motion of Councilman Ward, seconded by Councilman Evans, and carried with Councilmen Griset and Garthe dissenting. (CA 13) PUBLIC PROPERTY USE The application for "THE DUMP NIXON COMMITTEE" Special License to use Public Property, filed by Robert C. Elton, Jr., 1002 North Flower, Santa Ana, and Richard G. Ellison, 11930 Banner Road, #17, Garden Grove, on behalf of "The Dump Nixon Committee" was considered by Council. The applicants requested the use of Flower and E1 Salvador Parks, infields, for a rallying point and an outdoor meeting, respectively, on March 30, 1974, between 11:00 A.M. and 6:00 P.M. They further requested permission to parade beginning at Flower Park (Third and Flower), west on Third to Pacific, north on Pacific to Ninth and west on Ninth to E1 Salvador Park (Ninth and Raitt). CITY COUNCIL MINUTES 96 MARCH 18, 1974 Judie Borg, 802 Cedar, Santa Aha, and Leslie Rabine, 527 E. Walnut, Santa Ana, representing the applicants, requested that the staff recommended condition banning loud speakers be overruled. On motion of Councilman Evans, seconded by Councilman Garthe, and carried, with Councilman Griset dissent- ing, the application was approved subject to the following conditions: 1) Maintenance of free traffic flow on streets and thoroughfares; 2) Utilization of sidewalks by marchers wherever possible; 3) No littering (clean-up in parks as required); 4) Loud speakers are to be in fixed locations no mobile loud speakers. (CA 45.1) BUDGET TRANSFER Appropriation Adjustment APPROPRIATION ADJUSTMENT No. 46, to effect the NO. 46 following transfer of funds for the storm drain project in Red Hill Avenue between Barranca Channel and Edinger Avenue was approved on the unanimously carried motion of Councilman Garthe, seconded by Councilman Evans: From Account No. To Account No, Amount 210-536-631 51-113-856 (CA 65.3) 210-951 51-536-631 $15,000.00 15,000.00 HOUSING AUTHORITY vened at 3:25 P.M. At 3:15 P.M., Council recessed to convene the Housing Authority. The Council meeting recon- READING WAIVED The full reading of ordinances and resolu- tions, the titles of which appeared on the public agenda, was waived on the unanimously approved motion of Councilman Yamamoto, seconded by Councilman Evans. ORDINANCE NO. NS-1196 AN ORDINANCE OF THE OVERTIME COMPENSATION FOR CITY COUNCIL OF THE EMPLOYEES APPEARING IN COURT CITY OF SANTA ANA AMENDING SECTION 9-187 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR OVERTIME PAY FOR EACH COURT APPEARANCE AND STAND-BY BY A CITY EMPLOYEE DURING HIS OFF-DUTY TIME IN REGARD TO CITY BUSINESS was adopted unanimously, on motion of Councilman Griset, seconded by Councilman Yamamoto; (25:CA 50) ORDINANCE NO. NS-1198 AN ORDINANCE OF THE CONFLICT OF INTERESTS ACT CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING GUIDELINES FOR IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT, DECLARING THE URGENCY THEREOF, AND PROVIDING FOR IMMEDIATE EFFECT was adopted unanimously on motion of Councilman Evans, seconded by Councilman Yamamoto. (26:CA 80.21) CITY COUNCIL MINUTES 97 MARCH 18, 1974 ORDINANCE NO. NS-1199 AN ORDINANCE OF THE FINANCIAL INTERESTS CITY COUNCIL OF THE DISCLOSURE CITY OF SANTA ANA ADOPTING RULES GOVERN- ING DISCLOSURE OF FINANCIAL INTERESTS BY CERTAIN OFFICIALS AND MAKING THE DISCLOSURE PROVISIONS OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT APPLICABLE TO THEM, DECLARING THE URGENCY THEREOF, AND PROVIDING FOR IMMEDIATE EFFECT was adopted unanimously on motion of Councilman Evans, seconded by Councilman Markel. (27:CA 80.21) ORDINANCE NO. NS-1200 AN ORDINANCE OF THE ESTABLISHING SPECIFIC CITY COUNCIL OF THE DEVELOPMENT USE DISTRICTS CITY OF SANTA ANA ADDING DIVISION 26 TO ARTICLE III OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE, CONSISTING OF SECTIONS 41-593 THROUGH 41~593.? INCLUSIVE, PERTAINING TO THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT USE DISTRICTS was adopted unanimously, on motion of Councilman Evans,. seconded by Councilman Markel. (28:CA ?8) RECREATION AND PARKS FACILITY Letter dated February 25, FOR THE HANDICAPPED 1974, from the National Foundation, March of Dimes, requesting a public hearing to obtain information regarding facilities for the handicapped in any new planning for City recreational areas was referred to staff for report and recommendation on the unanimously carried motion of Councilman Evans, seconded by Councilman Garthe. (45:CA 52) BOWERS MUSEUM CONSTRUCTION (PROJECT 7027) air conditioning, reported that the independent tests (45:CA 85) An oral report was given by the Director of Public Works on the status of construction, including of the new addition to Bowers Museum. He air conditioning unit would be undergoing to determine that it meets UL standards. RESOLUTION 74-39 A RESOLUTION OF THE JOB RESTRUCTURING - EQUIPMENT CITY COUNCIL OF THE MAINTENANCE DEPARTMENT CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO ADD A NEW CLASS TITLE, CHANGE TITLES OF CERTAIN EXISTING CLASSES, AND ADOPT NEW AND REVISED SPECIFICATIONS, ALL PERTAINING TO THE EQUIPMENT MAINTENANCE SERIES OF CLASSES was adopted and pertinent classification specifications were approved, on the motion of Councilman Garthe, seconded by Mayor Patterson, with dissenting vote by Councilman Evans. (56:CA 50.1) ACQUISITION OF PARK IN The memorandum dated LYON DEVELOPMENT March 12, 1974, from TRACT 8203 the Director of Public Works relative to the acquisition of park in Lyon Development, Tract 8203, and recommending abandonment of the concept to develop an addi- tional park within the Lyon Tract, was reviewed by Council. On motion of Councilman Griset, seconded by Councilman Ward, and unanimously carried, either the Mayor or Vice Mayor was instructed to approach Mr. Lyon to buy five acres for a park site based on the purchase price of the undeveloped land paid by the Wm. Lyon Company ($42,500 per acre). (57:CA 52) CITY COUNCIL MINUTES 98 MARCH 18, 1974 IMPROVEMENT, SOUTH HALF The memorandum dated OF JUNIPER AVENUE EAST OF March 12, 19.74, from the HARBOR BOULEVARD Director of Public Works recommending that the Council support the staff plans for future development of Juniper Avenue east of Harbor Boulevard and direct the AMF-Voit Inc. to provide the required street dedication before final release of the work in progress at the Voit facility under an existing building permit; and require the AMF-Voit Inc. to construct improvements on the south half of Juniper Avenue before April 1, 1977, was considered by Council. Mr. Frederick A. Poss, Director of Operations for AMF-Voit Inc., 3801 South Harbor, stated that the company's application for a building permit to make certain alterations to its plant is being withheld until the company can extend and complete Juniper Street east of Harbor Beulevard. He requested a variance from the ordinance (Section 33-47) requirement, and the issuance of the building permit. He stated that he would communicate with the corporate legal office to initiate action with the trustee, Chase National Bank, to make the required land dedication, inasmuch as AMF-Voit Inc. leases the property and does not own it. The City Attorney was instructed to prepare a Resolution for the next Council meeting, to waive the ordinance provisions that require the dedication and improvements in return for the exe- cution ef an agreement giving assurances that every effort will be made to effect the required dedication by the trustee, and to negotiate in good faith for the future improvement of Juniper; and the staff was further instructed to issue the building permit, on motion of Councilman Ward, seconded by Councilman Markel and carried, with Councilman Yamamoto dissent- ing. (58:CA 29.4) SIDEWALK INSTALLATION IN INDUSTRIAL AREAS scheduled for a Council Councilman Ward requested that the subject of sidewalk installation in industrial areas be Study Session. (CA 29.14) RECESS present. At 4:25 P.M., a recess was called. The meeting reconvened at 4:35 P.M. with all Councilmen CONSTRUCTION OF CIVIC The memorandum dated CENTER DRIVE BETWEEN March 12, 1974, from BIRCH AND MINTER STREETS the Director of Public Works regarding construc- tion of Civic Center Drive between Birch and Minter was con- sidered. Council approved the staff recommendation to delete the right-of-way acquisition project for Memory Lane, as listed in the 59-551 Fund for 1973-74, and instructed staff to take the necessary steps to reallocate the funds previously budgeted for the Memory Lane project to the Civic Center Drive project, on motion of Councilman Ward, seconded by Councilman Griset, and carried, with dissenting vote by Councilman Evans. (59:CA 29.8) CITY COUNCIL MINUTES 99 MARCH 18, 1974 CIVIC CENTER PARKING The memorandum dated March 13, 1974, from the Director of Public Works pertaining to Civic Center parking and related matters was continued to the next Study Session, scheduled for April 1, 1974 at 12:00 Noon in Room 831, City Hall, on the unanimously approved motion of Councilman Ward, seconded by Councilman Yamamoto. (60:CA 77.S) ORAL COMMUNICATION Mr. Ray Villa, 317 South MANPOWER COMMISSION Bristol Street, addressed the Council and stated that an elected official should be appointed to the Manpower Commission rather than a lay person, and recommended that Mayor Patterson be named the City repre- sentative and Councilman Yamamoto be named the Alternate, since time was of the essence and the County and other consortium cities would be making their committee appointments later in the week. On motion of Councilman Griset, sec~onded by Council- man Ward, Council unanimously designated Mayor Patterson as the City representative to the Manpower Commission and Council- man Yamamoto as the Alternate. (CA 140.4; CA 80.1) ORAL COMMUNICATION Councilman Markel requested FIRST STREET WIDENING a status report on the widening of First Street at Lyon Street. The Director of Public Works reported that the Order of Immediate Possession had been served some time back on Mr. Keller, the property owner; that the project is out for bid, and a recommendation for an award would be forthcoming. ~CA 29.8) ORAL COMMUNICATION Mayor Patterson reported TRANSIT DISTRICT REPORT on the meeting of the Board of the Orange County Transit District, which had been held earlier in the day to determine the major corridors for utilizing the multi-modal mass rapid transit system for Orange County. Using a map, he outlined the route approved by the Board, which was the basic T2E, PE right-of- way, Fourth Street, the ATSF, Highway 57 and the Riverside Freeway. In addition, the Board also adopted a route proposed by the City of Anaheim which would route the transit through Disneyland, Anaheim Center, and the Anaheim Stadium. He further stated that the City had opposed the Anaheim suggestion on the premise that it should be included in the second phase of the mass transit development project rather than the first phase, and because it would add 131 million dollars to the initial development costs. (CA 112.2) RECESS At 5:15 P.M., Council recessed to Executive Session to interview for appointments to Boards and Commissions. At 5:35 P.M., the meeting was reconvened with all Councilmen present, and immediately recessed to 7:30 P.M., at which time Council reconvened with tke same Councilmen present. Following the Pledge of Allegiance to the Flag, the Invocation was given by Colonel Agnew of the Salvation Army. (CA 80.17) CITY COUNCIL MINUTES 100 MARCH 18~ 1974 PRESENTATION OF PLAQUES Mr. Rudy Gallegos and CLIFFORD COLLINS Mr. Clifford Collins, former RUDY GALLEGOS Chairmen of the Planning Commission and Personnel Board, respectively, had advised the Clerk that they would be unable to attend the meeting for presentation of the certifica- tion of appreciation plaques. Mayor Patterson instructed the Clerk to forward the plaques to them as soon as possible. (CA 78.1a; CA 50.8) OATH OF OFFICE Mr. Carl Schwarz, CARL SCHWARZ appointed by Council to the Board of Recrea- tion and Parks on February 25, 1974, was given the Oath of Office by the Clerk of the Council. ~CA 52.2) COMMUNITY SPOTLIGHT SALVATION ARMY introduced the representatives present. Mr. A1 S. DeWeese of the activities of the Army, their accomplishments, and works of charity. Councilman Garthe presented a City Seal Tile Plaque to Colonel Agnew, who accepted it on behalf of Major Thomas Cizar. (CA 9.3) Mayor Patterson intro- duced Colonel Agnew of the Santa Aha Corps of The Salvation Army, who spoke WAFFLE HOUSE Letters from Eric Lassen, Chairman of the Historic Preservation Committee of ~ the American Institute of Architects, Orange County Chapter; Richard A. Curtis, Attorney, Los Angeles; Mrs. Ralph Winkler; and Ms. June W. Hamilton, recommending preservation of the Waffle House; and letter from Councilman James E. Ward to the A.I.A. requesting their recommendation as to whether or not the Waffle House merits sufficient historical and architectural value to warrant pre- servation from demolition, were reviewed by Council. Speakers in favor of preservation were: Eric s. Lassen, Chairman, Historical Preservation Committee, Orange County Chapter, A.I.A.; Lecil Slaback, Member, Orange County Historical Commission; Richard Curtis, Attorney, Los Angeles County Public Defender's Office; Douglas Lans, Attorney, Santa Ana; Gates W. Burrows, Architect, Santa Aha; Mrs. Paul Biner, 628 East Chestnut, Santa.Aha. Council authorized the expenditure of approximately $12,000, or the funds necessary (not to exceed $12,000), from the Council Contingency Fund~ to move the Waffle House back on its present location, or to another short-distanced location, to permit the widening andextension of Civic Center Drive East, and to provide six months time to find a permanent location for it, with the proviso that the Santa Aha Historical Preservation Society shall first be responsible for obtaining CITY COUNCIL MINUTES 101 MARCH 18, 1974 permission from the property owner prior to relocation of the house onto the site selected on motion of Councilman Griset, seconded by Councilman Ward, and carried, with Councilmen Yamamoto and Markel dissenting. In the discussion prior to approval of the motion, Councilman Griset suggested that the Council's action would buy time for the preservation of the building; and that the future owner of the Waffle House should be willing to enter into an agreement with the City to preserve it in perpetuity with no change in basic design or architectural appearance. The Director of Public Works estimated that the demolition costs would be approximately $2,000 to $5,000; that it is anticipated the contract for the street widening will be awarded on June 17, with construction to follow shortly thereafter; and that destruction of the house wnuld take place approximately the middle of July if a relocation site were not obtained. Council authorized staff to take whatever steps are necessary to deed the Waffle House as a gift to the Santa Ana Historical Preservation Society provided that it is preserved for historical purposes, on motion of Councilman Griset, seconded by Councilman Garthe and carried, with Mayor Patterson dissenting. Upon request of Mr. Lecil Slaback, Councilman.Griset's motion, seconded by Councilman Ward, that a letter be written to each of the members of the Orange.County Board of Supervisors to ask their cooperation to preserve the Waffle House, and to assist in any way they possibly could in locating the building, carried unanimously. (CA 85.1d) PUBLIC PROPERTY USE The application filed by MUNICIPAL BOWL the Santa Ana Historical Preservation Society for use of the Municipal Bowl on Sunday, May 19, 1974 for an Antique Swap Meet, was referred to staff for routine processing by informal unanimous consent. (CA 52.8) RECESS Councilmen present. At 9:45 P.M., a recess was called by the Mayor. The meeting reconvened at 10:00 P.M., with all SOUTHWESTERN MUTUAL The memorandum dated WATER COMPANY March 12, 1974, from FRANCHISE APPLICATION the Director of Public Works regarding the franchise application submitted by Southwestern Mutual Water Company was considered by Council. The subject was opened for discussion by the public on the unanimously approved motion of Councilman Evans, seconded by Councilman Yamamoto. The petition filed in opposition to City water services, con- taining 131 signatures, was received and filed on the unani- mously approved motion of Councilman Garthe, second~ by Councilman Markel. CITY COUNCIL MINUTES 102 MARCH 18, 1974 The following persons spoke in favor of the franchise applica- tion approval: John S. Pickrell, President, Southwestern Mutual Water Co. Kenneth Lee, Secretary-Treasurer, Southwestern Mutual Water Co. Ken Ballinger, 2417 West Occidental Street Paul Robles, 2518 W. Stanford Street The proponents stated that the company has two good wells producing good water that the stockholders don't want to give up because financially the company is not able to put in new mains; that the company can improve the fire hydrants; that a 5 - 10 year franchise would be adequate; that all 220 stockholders are opposed to replacement by the City system; and that the area has recently incurred an indebtedness as a result of a street improvement assessment, and that any additional assessment would be a hardship. Mr. Paul C. Dunn, 2502 West Occidental, spoke against approval of the franchise application, and in favor of the area being taken into the City water system, because of muddy water, poor water pressure and inadequate fire protection. Councilman Griset's motion, seconded by Councilman Evans, to approve the franchise application for a period of five years, failed on the following roll call vote: AYES: Griset, Evans NOES: Ward, Patterson, Yamamoto, Garthe, Markel ABSENT: None On motion of Councilman Ward, and carried, with Councilmen Council: seconded by Councilman Garthe Griset and Evans dissenting, 1) Requested the Southwestern Mutual Water Company to present a plan approved by the shareholders for the improvement of the water system with an adequate financing scheme by May 1, 1974; and 2) Stipulated that if such plan is not forthcoming, the franchise application would be deemed denied effective May 1, 1974, and staff was instructed thereafter to initiate proceedings for an assessment to provide a City system for the health, safety, and welfare of the citizens of the area. (81:CA 12; CA 130) SENATE BILL 2747 Mayor Patterson reported MINIMUM WAGE LEGISLATION on the dilemma facing Senators Tunney and Cranston in voting on the Dent Amendment to S.B. 2747, and explained that they had voted against it because a "yes" vote would have excluded firemen from the minimum wage law entirely; consequently the law, including the overtime provision, was referred to the Senate Conference Committee, and there is still a good possibility that an alternative to the time and one-half provision, as it pertains to firemen, can be worked out. Mayor Patterson was authorized to communicate further with Senators Tunney and Cranston in pursuit of an alternative that would still give City support to the minimum wage law, on the unanimously approved motion of Councilman Griset, seconded by Councilman Garthe. (82:CA 50.1; CA 50.2a) CITY COUNCIL MINUTES 103 MARCH 18, 1974 PROPOSED CHARTER AMENDMENTS to the City Charter Election ballot: Councilman Markel requested Council consideration of the following amendments to be placed on the November General Replacement of a Councilman is to be made by election of the voters not less than S0 days, nor more than 60 days, after election to office, resignation from office, or death while in office. Because of large expenditures involved, the continuation of the Office of Public Relations and the printing and distribution of a newsletter should be determined by a vote of the people. Councilman Brans suggested that a third amendment, to increase the Mayor's salary be included in the discussion. Councilman Griset reminded Councilmen that the 1970 ballot measure calling for an increase in Council and Mayor salaries was soundly defeated. Mayor Patterson stated that he would support a ballot measure to establish Council salaries in accordance with the rate established for General Law cities and asked Council's opinion regarding a full-time elected Mayor who would receive full time elected pay. Councilman Griset stated he could not support a ballot measure to elect a full-time Mayor unless there was a complete revision to the Charter relative to Council-Manager form of government. Councilman Griset's motion, seconded by Councilman Ward, to receive and file the second Charter amendment proposed by Councilman Markel pertaining to the Office of Public Relations and the Newsletter, was approved, with Councilmen Evans and Markel dissenting. Councilman Griset's motion, seconded by Councilman Ward to receive and file the first Charter Amendment proposed by Councilman Markel, to elect, rather than appoint, replacement Councilmen, failed on the following roll call vote: AYES: Griset, Ward NOES: Evans, Patterson, Yamamoto, Garthe, Markel ABSENT: None Council instructed staff to provide a report regarding election of replacement Councilmen, including special election costs, length of'time involved, and present Charter provisions, on the unanimously approved motion of Councilman Evans, seconded by Councilman Yamamoto. Council further instructed staff to provide a report regarding direct Mayoral election, increased remuneration for the posi- tion on a full-time basis, and putting Council members on an equal pay status with General Law cities' Councilmen, on mo- tion of Councilman Evans, seconded by Councilman Ward, and carried, with Councilman Griset dissenting. (CA 129) CITY COUNCIL MINUTES 104 MARCH 18, 1974 BUILDING PERMIT APPEAL The written appeal SANTA ANA LINCOLN-MERCURY dated March 18, 1974, from Louis R. Benny, President; and Fred J. Sifferman, General Operations Manager, Santa Ana Lincoln- Mercury, for a thirty foot driveway between the present body shop and new addition of body shop and mechanical repair shop, instead of a forty foot driveway, or a twenty foot area around each building, was presented to the Council. Councilman Yamamoto's motion, seconded by Councilman Ward, to refer the matter to staff for report and recommendation at the next meeting, was unanimously approved. WEST COMMUNITY CENTER Councilman Yamamoto complimented Tony Sierra of the West Community Center staff for his work with youth and noted that, as a PEP employee, his employment with the City would soon be terminated. The Councilman recommended that the administration review its personnel needs in areas where Mr. Sierra's exceptional abili- ties might be utilized to the City's advantage. (CA 131.6) JOINT POWERS The City Manager MANPOWER AGREEMENT referred to the Joint Powers Manpower Agree- ment, approved by Council on February 25, 1974, and stated that the following three changes were recommended by the Department of Labor and are presented for Council approval: 1. That parties to the agreement agree to be held liable for use of federal funds received; That the 30-day clause for withdrawal from the agreement be deleted and it revert to an annual agreement; That property, such as furniture, revert to the General Services Administration, or its designee, rather than to the individual agency. The foregoing changes were approved on motion of Councilman Griset, seconded by Councilman Ward, and carried, with Councilmen Evans, Garthe and Markel dissenting. (A-74-6) ADJOURNMENT 8:00 A.M. in Room 831, Commission applicants, of Councilman Evans, The meeting was adjourned at 11:35 P.M. to Saturday, March 23, 1974, at City Hall, to interview Board and on the unanimously carried motion seconded by Councilman Yamamoto. FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 105 MARCH 18, 1974 CITY COUNCIL MINUTES 106