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HomeMy WebLinkAbout01-19-1976MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 19, 1976 The meeting, scheduled for 12:30 P.M., was called to order at 12:40 P.M., in Room 831, City Hall, 20 Civic Center Plaza, by Mayor John Garthe. The Clerk of the Council reported that proper Notice had been mailed and posted, with affidavits on file. The following Councilmen were present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward, and Mayor John Garthe. Also present were City Manager Bruce C. Spragg, City Attorney Keith L. Gow, "Register" Reporter Lynn O'Delt, and Clerk of the Council Florence I. Malone. PROPOSED MANAGEMENT The City Manager REORGANIZATION summarized the status of the management reorganization re- commended by the A. D. Little, Inc. consultant's report which proposed a City Management Team consisting of the Manager, Assistant Manager and four Deputy City Managers. Mr. Spragg had also provided Council with a written report dated January 8, 1976, including reorganizational plans 1 and 2. He stated that the annual cost of either proposal recommended would be approximately $34,000; that the Council and the City would be better served by an organization of Deputy Managers who would improve response time as well as reduce Council frustration and workload. CA 79.6 EXECUTIVE SESSION At 1:15 P.M., Council recessed for an Executive Session to consider Personnel matters regarding appointments to the positions proposed in the reorganization plan. Council reconvened at 2:00 P.M., with the same Councilmen present. ADJOURNMENT Mayor Garthe adjourned the meeting at 2:00 P.M. FLORENCE I. MALONE FLORENCE I. MALONE' CLERK OF THE COUNCIL CITY COUNCIL MINUTES 21 JANUARY 19, 1976 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 19, 1976 The meeting was called to order at 2:10 P.M~ in the Council Chambers, 22 Civic Center Plaza, by Mayor John Garthe, with the following Council members present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward, and Mayor John Garthe. Also present were City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Assistant Director of Public Works John Stevens, Director of Planning Charles C. Zimmerman, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Evans. RECESS At 2:12 P.M. Council COMMUNITY REDEVELOPMENT AGENCY recessed to convene the Adjourned Regular Meet- ing of the Community Redevelopment Agency; Council reconvened at 2:15 P.M. with all Council members present. PUBLIC HEARING The Mayor opened the SANTA ANA TOWERS SITE Public Hearing on the RES. 76-10 ADOPTED proposed sale by the Community Redevelopment Agency to National Housing Consultants, Inc. of that portion of the Santa Ana Towers Site acquired from the Redevelopment Revolving Fund for construction of 200 residential units for senior citizens, located north of First Street, south of Second Street, between Ross and Birch Streets, which had been continued from the Regular Meeting of January 5, 1976. There were no proponents or opponents; the Clerk reported there were no written communications; there was no Staff oral presentation, but Council's Agenda included a written report from the City Manager, dated January 12, 1976, on the status of the senior housing development. The Mayor closed the Public Hearing. Councilman Ward's motion, seconded by Councilman Yamamoto, to waive full reading of Resolution 76-10, and consider by title only, carried unanimously (7:0). Council adopted the following resolution unanimously (7:0), on motion of Councilman Ward, seconded by Councilman Bricken: RESOLUTION NO. 76-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SALE OF THE SANTA ANA TOWERS SITE BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TO NATIONAL HOUSING CONSULTANTS INC., FINDING THAT THE $160,000 SALES PRICE OF SAID SITE IS NOT LESS THAN CITY COUNCIL MINUTES 23 JANUARY 19, 1976 ITS FAIR VALUE, DECLARING THOSE PARCELS COMPRISING THE SITE PREVIOUSLY CONVEYED BY THE CITY OF SANTA ANA TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TO BE SURPLUS PROPERTY AND RATIFYING THE CONVEYANCE OF TITLE OF SAID PREVIOUSLY CONVEYED PARCELS FOR AN AMOUNT TO BE DETERMINED BY THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY REPAYABLE BY THE COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO %TS MARCH 12, 1973 AGREEMENT WITH THE CITY. CA 137.8 RECESS At 2:16 P.M. Council HOUSING AUTHORITY recessed to convene COMMUNITY REDEVELOPMENT AGENCY the Regular Meeting of the Housing Authority; Council reconvened at 2:26 P.M. and immediately recessed to reconvene the Community Redevelopment Agency. At 2:36 P.M. Council reconvened, and the Mayor declared a ten minute recess; Council again reconvened at 2:47 P.M. with all members present. CONSENT CALENDAR The following items ITEMS REMOVED & were removed from DISSENTING VOTES the Consent Calendar: Item 5 C requested by Councilman Brandt; Items 3 A and 5 A requested by Mayor Garthe. The following Councilmen registered NO votes: Councilman Evans on item 10; Councilman Yamamoto on 4 B, C, D, and E. CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS carried (7:0) motion APPROVED of Councilman Evans, seconded by Council- man Ward, Council affirmed the recommended action on the following Consent Calendar items: MINUTES Approved the Minutes of the Adjourned Regular Meetings of December 15, 1975 and January 5, 1976, and the Minutes of the Regular Meetings of December 15, 1975 and January 5, 1976. BID CALLS Authorized the Com- munity Redevelopment Agency to approve the plans and specifications and advertise for bids on the following: PROJECT 7040A - Construct sanitary sewer in Birch Street between Second Street and First Street, and PROJECT 7040B - Remove Second Street be- tween Ross Street and Birch Street. Approved plans and specifications, and author- ized advertisement for bids on the following: SPEC. 76-005 - Traffic Signal controller at the intersection of Bristol and MacArthur (replacement). CA 89 CITY COUNCIL MINUTES 24 JANUARY 19, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID AWARDS bidder: Awarded the following on the basis of lowest responsible and best PROJECT ?030 - Drilling and construct- ing water wells number 2? and 28; awarded to McCalla Brothers, Santa Ana. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following Applications: HARB, Riyad B. - 619 West McFadden Avenue - Original - Type "21" Off Sale General. MADRIGAL, Maria 312 East Fourth Street ~ Person to Person Transfer - Type "40" On Sale Beer. (Councilman Yamamoto registered a NO vote.) NEWT'S - 101 South Harbor Boulevard Original - Type "40" On Sale Beer. (Councilman Yamamoto registered a NO vote.) VIEL, Guy 718 East Fourth Street - Original - Type "40" On Sale Beer. (Councilman Yamamoto registered a NO vote.) VORPAGEL, Jean & Richard B. 1638 South Standard Street - Dropping Partner - Type "48" On Sale General (Public Premises). (Councilman Yamamoto registered a NO vote.) CONDITIONAL USE PERMIT on the following: Approved and filed Negative Declaration and Finding of Fact NEGATIVE DECLARATION AND CUP 75-20 - Filed by Mercury Savings & Loan to construct a single family residential condominium project at 1045 North Cabrillo Park Drive and to allow the sale of condominium units and lots in conformance with the R1-PRD and R4-PRD Districts. APPROVED. TENTATIVE PARCEL MAPS Approved and filed Negative Declaration and approved the following map subject to conditions contained in Planning Director's Report: MAP NO. 947 Filed on December 12, 1975, by Baker-Miller and Associates creating two LM parcels; all proposed parcels to be used for industrial purposes; generally located at the southwest corner of Carnegie Avenue and Daimler Street. CA 146 CA 13.1 CA 25 CITY COUNCIL MINUTES 25 JANUARY 19, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued TENTATIVE TRACT MAPS Approved and filed Negative Declarations and approved~the following Maps subject to conditions contained in Planning Director's Reports: MAP NO. 9150 - Filed on December 11, 1975, by James E. and Leola J. Noe, Dwight C. and Iris B. Schroeder, and Lowell K. and Betty G. Schroeder, creating fourteen lots; all pro- posed lots to be used for single family residences; generally located on the west side of Old Grand Street, approximately 620 feet north of Santa Clara Avenue. MAP NO. 9151 - Filed on December 11, 1975, by Fred C. Fluor, creating eighteen A1 lots; all proposed lots to be used for single family residences; generally located between Cherry Street and Beechwood Street on the east side of Old Grand Street. COMPLETION OF Authorized release of IMPROVEMENTS performance, monument labor and material bonds on the following Tract Map: MAP NO. 7711 - Wakeham Place and Seabreeze. CHANGE ORDER Approved the following Change Order: PROJECT 7036 (8095) Renovation of Fire Station at 521 North Figueroa Street for Santa Anita Community Center - Change Order #2, increasing the cost by $85.00 for prime coat of paint on woodwork and new plumbing fittings. (Councilman Evans registered a NO vote.) AGREEMENTS by the Mayor and Clerk: Approved the following Agreements and author- ized their execution OUTDOOR BILLBOARD PURCHASE AND REMOVAL Between City and Pacific Outdoor Advertis- ing Company to remove two roof top poster panels and leasehold interest in the real property at 818 West 17th Street. LEGAL SERVICES Between City and James J. Clancy to assist the City in anticipated litigation from Ordinance NS-1287 pertain- ing to "lewd" films. INTERNATIONAL WOMEN'S PROFESSIONAL SOFT- BALL Between City and Ed Goldstein for use of the Santa Ana Stadium to hold Santa Ana Lionette softball games. CA 24 CA 24 CA 89 A=76-6 A-76-7 A-76-8 CITY COUNCIL MINUTES 26 JANUARY 19, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued TRAFFIC installed December 29, 1976, inclusive. Received and filed Report of control devices removed or 1975 through January 13, COUNCIL REFERRAL Received and filed SUMMARY status Report from Clerk of the Council regarding items referred to Staff by Council. PROCLAMATIONS from December 30, Received and filed Report of proclamations issued by the Mayor 1975 to January 13, 1976. CA 18.3a CA 80.2 CA 46 * * ~ * * * * * CONSENT CALENDAR FINIS * * * * * * * * BID AWARD - PROJECT 6085 Council approved the HARPER PARK - NEGEV DEVELOPERS request dated January 12, APPROVED 1976 from Victor Ben-Aziz, Negev Developers, to designate a subcontractor (Rodriques Construction Company, Chino) erroneously omitted from the list submitted with his bid; and awarded the following on Base Bid and Add-on Alternates iA through 6 A for a total contract price of $169,492.60, on the basis of lowest responsible and best bidder; on motion of Councilman Ward, seconded by Councilman Bricken, and carried (5:2), with Councilmen Yamamoto and Ortiz dissenting: PROJECT 6085 Construct Harper Park. Awarded to Negev Developers, Costa Mesa. CA 89 VARIANCE 75-58 On the unanimously HEINECKE ENTERPRISES carried (7:0) motion APPROVED of Councilman Brandt, seconded by Councilman Bricken, Council received and filed the letter of appeal dated December 29, 1975, from Don Pearson, President of Woodlyn North Board of Governors, and approved and filed Negative Declaration and Planning Commission Finding of Fact on the following: NEGATIVE DECLARATION AND VA 75-58 - Filed by Heinecke Enterprises to convert a single family residence into a child day care center at 2112 East Santa Clara in the A 1 District. APPROVED. CA 13 Prior to the vote, the Mayor asked if there were any persons in the audience who wished to speak against Variance 75-58. None came forward. Mr. Theodore Terry, 1208 East Adams, Orange, spoke in favor of the Variance. AGENDA ORDER AMENDMENT - OPEN SPACE ELEMENT CONTINUED TO 7:30 P.M. on motion of Councilman Evans, Council continued consideration of the following to the evening meeting, seconded by Councilman CITY COUNCIL MINUTES 27 JANUARY 19, 1976 Bricken, and Carried UnanimoUsly (7:0), for Public Hearing: AMENDMENT TO THE OPEN SPACE ELEMENT OF THE GENERAL PLAN (Senior Citizens Housing Site). READING WAIVED Council waived full reading of all ordinances and resolu- tions, the titles of which appeared on the public Agenda, and considered by title only, on the unanimously carried (7:0) motion of Councilman Evans, seconded by Councilman Bricken. ORDINANCE NS-1287 The following ordinance LEWD FILMS & THEATERS was placed on second ADOPTED reading and adopted, on the unanimously carried (7:0) motion of Councilman Yamamoto, seconded by Councilman Evans: ORDINANCE NS-1287 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 12-100 THROUGH 12-105 TO THE SANTA ANA MUNICIPAL CODE DECLARING THE COMMERCIAL EXPLOITATION OF PATENTLY OFFENSIVE SEXUAL CONDUCT IN LEWD FILMS AND THEATERS EX- HIBITING THE SAME TO BE A PUBLIC NUISANCE AND ORDERING THEIR ABATEMENT. CA 149 ORDINANCE NS-1289 The following SPEED LIMITS ordinance was PIRST READING placed on first reading, on the unanimously approved (?:0) motion of Councilman Evans, seconded by Councilman Brandt: ORDINANCE NS-1289 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING DIVISION 2 OF CHAPTER 56 OF THE SANTA ANA MUNICIPAL CODE BY REPEALING ARTICLE VII THEREOF AND ADOPTING AND ADDING THERETO NEW ARTICLES VII AND VII.A TO ESTABLISH PRIMA EACIE SPEED LIMITS UPON CERTAIN STREETS AND PORTIONS OE STREETS IN THE CITY OF SANTA ANA (Updating, Consolidation and Clarification). CA 18.2 ORDINANCE NS-1290 The following TRAFFIC CONTROL REPORTS ordinance was FIRST READING placed on first reading, on the unanimously carried (7:0) motion of Councilman Brandt, seconded by Councilman Evans: ORDINANCE NS-1290 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE III CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REPEALING SECTION 36-29. CA 18.3a CITY COUNCIL MINUTES 28 JANUARY 19, 1976 ORDINANCE NS-1291 FEES - MAP CHECKING FIRST READING ing ordinance on first reading, Councilman Brandt's motion, seconded by Councilman Bricken, to place the follow- carried unanimously (7:0): ORDINANCE NS-1291 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 34-181 TO PROVIDE FOR THE SETTING OF FEES FOR MAP CHECKING BY RESOLU- TION OF THE CITY COUNCIL. CA 65 RESOLUTION NO. 76-12 On motion of Council- COMMUNITY SERVICES SPECIALIST man Ward, seconded by ADOPTED Councilman Brandt, and carried (5:2), with Councilmen Evans and Ortiz dissenting, Council approved the Classification Specification for Community Services Spe- cialist, and adopted the following resolution: RESOLUTION NO. 76-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO ADD THE CLASS TITLE AND SET THE SALARY OF COMMUNITY SERVICES SPECIALIST. CA 50.1 RESOLUTION NO. 76-13 The following SPUR CROSSING - ALTON AVENUE resolution was adopted ADOPTED unanimously (7:0), on motion of Council- man Evans, seconded by Councilman Ward: RESOLUTION NO. 76-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING REVOCABLE PERMISSION TO THE SOUTHERN PACIFIC TRANSPORTATION COMPANY TO CONSTRUCT, ~,~tNTAIN AND OPERATE A SPUR CROSSING ACROSS ALTON AVENUE, BETWEEN FAIRVIEW STREET AND SUSAN STREET IN THE CITY OF SANTA ANA. CA 29.12 RESOLUTION NO. CONDEMNATION - ADOPTED 76-14 17TH STREET with Councilman Brandt dissenting, following resolution: On motion of Council- man Evans, seconded by Councilman Bricken, and carried (6:1), Council adopted the RESOLUTION NO. 76-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR STREET WIDENING OF SEVENTEENTH STREET BETWEEN ROSS STREET AND OLIVE STREET. CA 71 RESOLUTION NO. 76-16 Full reading was CITY REPRESENTATIVES - LAFC waived, consideration ADOPTED was given by title only, and the follow- ing resolution was adopted, on the unanimously carried motion of Councilman Ward, seconded by Councilman Bricken: CITY COUNCIL MINUTES 29 JANUARY 19, 1976 RESOLUTION NO. 76-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING CITY OFFICIALS WHO ARE AUTHORIZED TO REPRESENT THE CITY OF SANTA ANA DURING HEARINGS CONDUCTED BY THE LOCAL AGENCY FO~ATION CO~4ISSION. CA 92.1 PROPOSED STATE CONSTITUTIONAL The City Attorney was AMENDMENT - EMPLOYMENT RIGHTS directed to prepare a SUPPORT WITH RESOLUTION Resolution supporting the State constitu- tional amendment regarding employment rights proposed by Senator John Stull, on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried (7:0) unani- mously. CA PROPOSED FLAG FOR SANTA ANA The proposal for a REFERRED City flag, submitted by Mrs. Elizabeth Brozowsky in her letter dated December 31, 1975, was referred to Staff and to the City's Bicentennial Commission representative, Councilman Bricken, for report and recommendation regard- ing possibilities of a design competition as a Bicentennial Project, on the unanimously carried (7:0) motion of Counqil- man Yamamoto, seconded by Councilman Bricken. 57 CA 42.5 CA 80.12 AGENDA ORDER would be considered prior to its Mayor Garthe announced that Item #50 was set for a time certain of 3:30 P.M. and that it order on the Agenda. UTILITY USER'S TAX MAXIMUM The City Attorney Council Referral Item #225 was directed to pre- APPROVED FOR $3~500; FILED pare for the next Council meeting an Ordinance providing for a $3,500 annual maximum for the utility users tax commencing with July 1, 1975 fiscal year, and the Clerk was directed to delete Council Referral Item #225 on the motion of Councilman Bricken, seconded by Council- man Brandt and carried (6:1) with Councilman Evans dissenting. In addition to a Resolution from the Santa Ana Chamber of Commerce, letters favoring a maximum limit on the Utility User's Tax were filed by Kerr Glass Manufacturing Corp. and Martin Builders, Inc. Speakers addressing Council in support of an annual maximum were: Rhoads Martin, Martin Builders George McCauley, Cal Compack Foods Billy C. Hall, City Center Association Russ Thompson, Kerr Glass Manufacturing Corp. Don Gilchrist, I.T.T. Cannon CITY COUNCIL MINUTES 30 JANUARY 19, 1976 The proponents of the maximum pointed out that according to the City Manager's report of January 14, 1976, the utility users tax will generate more revenue than had been anti- cipated; that the companies that are heavy users of the utilities generally provide employment for many citizens; that they already pay a tremendous amount of property tax; that the new utility users tax has increased their utility bills by a significant amount; and that they wish to pay their fair share of taxes but don't want to be mistreated. Councilmen Evans and Ortiz expressed general opposition to the utility users tax as a form of revenue for the City. CA 65B DIVERSION OF GAS TAX FUNDS PLACEMENT ON NEXT BALLOT SUPPORT Mayor Garthe was authorized to write the Board of Super- visors of the Council's support of a measure to provide for the diversion of gas tax funds for mass transit on the next ballot, as recommended by the Transportation Advisory Committee and the Orange County Transit District, on the motion of Councilman Ward, seconded by Councilman Evans and carried (7:0) unanimously. CA 68 REQUEST FOR FEASIBILITY STUDY The request dated ENLARGING LIBRARY PARKING AREA January 10, by the REFERRED Library Board, for enlargement of the library parking area, was referred to Staff for a cost and feasibility study on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7:0) unanimously. CA 77.5 SANTA ANA RAILROAD The Santa Ana Rail- STATION REPORT road Station Conceptual APPROVED; AUTHORIZED IMPLEMENTATION Report, prepared by G. J. Fielding and approved by the Planning Commission and the Transportation Advisory Committee, was approved and transmittal to the Orange County Transit District, AMTRAK and other interested agencies was authorized; and Staff was authorized to begin a program of implementation on the motion of Councilman Ward, seconded by Councilman Brandt and carried (6:1) with Councilman Evans dissenting. CA 84.6 RECESS At 3:55 P.M. Mayor Garthe recessed the meeting; and recon- vened it at 4:00 P.M. CENTER FOR THE PERFORMING After an oral pre- ARTS - RES. NO. 76-17 sentation by Mr. H. ADOPTED; APPOINTED BRANDT Robert Blaustone, Chairman of the Orange County Performing Arts Guild, the following Resolu- tion was adopted on the motion of Councilman Brandt, seconded by Councilman Evans and carried (6:1) with Councilman Yamamoto dissenting: CITY COUNCIL MINUTES 31 JANUARY 19, 1976 RESOLUTION NO. 76-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE ESTABLISHMENT OF A PERFORMING ARTS CENTER IN THE CIVIC CENTER OF THE CITY OF SANTA ANA The Resolution was adopted by title only and further reading was waived, on the unanimously approved motion of Councilman Brandt, seconded by Councilman Evans. In a subsequent motion, Councilman Brandt was appointed as Council's liaison with the Guild to investigate methods of funding a proposed Center, on the motion of Councilman Ward, seconded by Mayor Garthe and carried (7:0) unanimously. Mr. Blaustone asked that Council assist the Guild in any way possible to implement the First Phase of the Performing Arts Center. He stated that there is no large audience auditorium in Orange County; and suggested that this type of facility would improve the image of Santa Ana and fulfill a desperate need. Councilman Brandt stated that he would present to Council a formal request for authorization to investigate other centers for performing arts to determine how the facilities were funded and other useful background information. CA 52.8a BICENTENNIAL PAGEANT REPORT As recommended in the APPROVED ALTERNATIVES Staff report dated January 12, 1976, a musical theatrical presentation of "George M" with a professional lead and a Santa Ana Bands Review were approved in principle as Bi- centennial programs as alternatives to the Pageant previously proposed, on the motion of Councilman Ward, seconded by Councilman Bricken and carried (6:1) with Councilman Ortiz dissenting. Gene Laumeister, Recreation Director, stated that the patriotic musical "George M" is good family entertainment) with a pro- fessional star would draw a good turnout. CA 42.5 ALTERNATIVE - RELOCATION OF The m~tter of an MANPOWER, HOUSING AND COMMUNITY alternative to:the DEVELOPMENT; CONTINUED relocation of Manpower, Housing and Community Development activities was continued to February 2, 1976, on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7:0) unanimously. CA 65.3 NEWHOPE BIKE TRAIL On the recommendation HEARING SET of the Traffic Engineer, Joe Foust, in his re- port of January 13, 1976, a public hearing was set for February 2, 1976 at 7:30 P.M. for citizen input prior to consideration of parking removal on sections of Newhope Street between Edinger and McFadden Avenues during certain hours to provide for a bike lane, on the motion of Councilman Evans, seconded by Council- man Yamamoto and carried (7:0) unanimously. CA 18.6 CITY COUNCIL MINUTES 32 JANUARY 19, 1976 PARAMEDIC CHARGES REPORT The report prepared FILED; REFERRED; by the Fire Chief, B--~T ~D Gene Judd, dated January 12, 1976, was received and filed on the motion of Councilman Evans, seconded by Councilman Bricken and carried (7:0) unanimously. Staff was directed to investigate and report on the establish- ment of a non-resident fee for paramedic services on the motion of Councilman Ward, seconded by Councilman Brandt and carried (7:0) unanimously. CA 64.2 Councilman Brandt was authorized to represent the City at the public hearing regarding the establishment of a County- wide service area for paramedic services, to be held by the Orange County Board of Supervisors on January 20, 1976, on the motion of Councilman Evans, seconded by Councilman Ward and carried (7:0) unanimously. A related report from the City Manager dated January 14, 1976 was provided Council. MID-YEAR FINANCIAL REPORT FILED of Councilman Ward, (7:0) unanimously. The mid-year financial report, prepared by Staff, was received and filed on the motion seconded by Councilman Bricken and carried CA 65 PROJECT 1379 - SIDEWALK - SOUTH Expenditure of $3,100 SIDE OF SANTA ANA BLVD. from Gas Tax Contingency APPROVED funds to construct an ultimate sidewalk on the south side of Santa Ana Boulevard between Parton and Garnsey Streets in conjunction with the work to be done on Flower Street and recommended as an alternative to widening the street was approved on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7:0) unanimously. The motion also provided for the deletion of Council Referral Item #234. CA 89 CA 65.3 AGENDA ORDER #61 and #62 after the balance of the On the recommendation of the Mayor, there was unanimous informal consent to taking Items afternoon calendar. A.A. #89 - RELOCATION OF FIRE Appropriation Adjust- DEPARTMENT MAINTENANCE TO CITY ment #89 to implement YARD; APPROVED the relocation of the Fire Department main- tenance to the City Yard was approved on the motion of Councilman Ward, seconded by Councilman Evans and carried (6:1) with Councilman Ortiz dissenting. CA 65.3 CA 64 A.A. #90 SPECIAL NARCOTICS Appropriation Adjust- ENFORCEMENT ACTIVITY ACCOUNT ment #90 providing for APPROVED; PROCEDURES REQUIRED a $25,000 fund to be used by the Police Department for narcotics enforcement was approved on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7:0) unanimously. CA 65.3 CA 47 CITY COUNCIL MINUTES 33 JANUARY 19, 1976 On a subsequent motion by Councilman Ward, seconded by Councilman Brandt, the City Attorney was directed to prepare an ordinance for the administration of the Special Enforce- ment Services Fund provided for by A.A. #90. A.A. #92 - UNANTICIPATED MAINTENANCE Appropriation Adjust- AT SANTA ANA STADIUM ment #92 to perform APPROVED unanticipated main- tenance work on the public address system and the underground sewage pump at the Santa Ana Stadium was approved on the motion of Councilman Bricken, seconded by Councilman Evans and carried (7:0) CA 65.3 unanimously. CA 52.8 A.A. #94 - CHANGES IN LIGHTING SANTA ANA STADIUM FOR WOMEN'S SOFTBALL; APPROVED between the City and the International Women's Professional Softball Association to make certain changes in the lighting at the Santa Ana Stadium, A.A. #94, was approved on the motion of Councilman Evans, seconded by Councilman Brandt and carried (7:0) unanimously. To..implement:~a._p~Qr vision of the agreement CA 65.3 CA 52.8 A.A. #95 - TYPIST CLERK AND One CETA Typist PRINTING FOR BICENTENNIAL COMMITTEE Clerk I position APPROVED was approved to serve the Bicentennial Com- mittee for six months; and Appropriation Adjustment #95 for printing expenses for the Bicentennial Committee was approved, on the motion of Councilman Ward, seconded by Mayor Garthe and carried (5:2) with Councilmen Evans and Ortiz dissenting. CA 65.3 CA 42.5 RECESS 4:55 P.M. At 4:45 P.M. Mayor Garthe declared a recess; the meeting was reconvened at HIRING MORATORIUM - CLARIFICATION As recommended by the AND REQUESTS FOR EXEMPTION City Manager in his POLICY APPROVED; SELECTED EXEMPTIONS report of January 14, 1976, the following statements of policy regarding the hiring moratorium were approved on the motion of Councilman Evans, seconded by Councilman Ward and carried (7:0) unanimously. Hiring freeze applies only to full-time, budgeted positions. The City will honor its appointment com- mitments made prior to the Council freeze decision. 3. Part-time positions are exempt. Positions under Federal and State funded programs are exempt. CITY COUNCIL MINUTES 34 JANUARY 19, 1976 The hiring moratorium will continue through the remainder of the current fiscal year unless rescinded sooner by Council. The following positions recommended for exemption by the City Manager were acted on as follows: The position of Water Meter Reader Collector for the Fianance Department was EXEMPTED on the motion of Councilman Evans, seconded by Councilman Ward and carried (7:0) unanimously. The position of Buyer for the Finance Department was EXEMPTED on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (5:2) with Councilmen Ortiz and Evans dissenting. The position of Reprographic Equipment Operator II for the Finance Department was NOT EXEMPTED when Councilman Ward's motion to exempt, seconded by Councilman Brandt did not carry on a 3:4 vote with Councilmen Evans, Yamamoto, Ortiz and Bricken dissenting. The position of Stenographic Clerk II for the Building Department was EXEMPTED, on the motion of Councilman Evans, seconded by Councilman Ward and carried (5:2) with Council- men Yamamoto and Ortiz dissenting. The position of Personnel Analyst (Examining) for the Personnel Department was EXEMPTED, on the motion of Council- man Bricken, seconded by Councilman Yamamoto and carried (4:3) with Councilmen Ward, Brandt and Evans dissenting. The position of Stenographic Clerk II for the Fire Depart- ment was EXEMPTED on the motion of Councilman Yamamoto, seconded by Councilman Brandt and carried (6:1) with Councilman Evans dissenting. Two positions of Emergency Services Dispatcher for the Police Department were EXEMPTED on the motion of Councilman Brandt, seconded by Councilman Ward and carried (7:0) unanimously. The position of Deputy City Attorney II (Police Legal Advisor) for the Police Department was EXEMPTED on the motion of Councilman Yamamoto, seconded by Councilman Bricken and carried (5:2) with Councilmen Ward and Ortiz dissenting. The position of Senior Equipment Mechanic for the Equipment Maintenance Department was EXEMPTED on the motion of Councilman Ward, seconded by Councilman Bricken and carried (5:2) with Councilmen Evans and Ortiz dissenting. The position of Director of Recreation and Parks to head that department was EXEMPTED on the motion of Councilman Evans, seconded by Mayor Garthe and carried (7:0) unanimously. The position of Fire Chief to head that department was EXEMPTED on the motion of Councilman Ward, seconded by Councilman Brandt and carried (7:0) unanimously. The position of Water Plant Chief Operator for Works Department was EXEMPTED on the motion of Ward, seconded by Councilman Evans and carried Councilman Yamamoto dissenting. the Public Councilman (6:1) with CITY COUNCIL MINUTES 35 JANUARY 19, 1976 The position of Water Foreman for the Public Works Depart- ment was NOT EXEMPTED when Councilman Bricken's motion, seconded by Councilman Evans, not to exempt the position, carried (6:1) with Mayor Garthe dissenting. The position of Police Officer for the Police Department was EXEMPTED on the motion of Councilman Evans, seconded by Councilman Ward and carried (7:0) unanimously. Eleven positions as Firefighter II for the Fire Department were EXEMPTED on the motion of Councilman Bricken, seconded by Councilman Yamamoto and carried (7:0) unanimously. Two positions as Fire Inspector for the Fire Department were EXEMPTED on the motion of Councilman Bricken, seconded by Councilman Yamamoto and carried (6:1) with Councilman Ortiz dissenting. On the motion of Councilman Brandt, seconded by Councilman Evans, five positions as Police Officer for the Police Department, not recommended by the City ~anager for exemp- tion, were EXEMPTED when the motion carried (4:3) with Councilmen Ward, Ortiz and Mayor Garthe dissenting. On the motion of Councilman Bricken, seconded by Councilman Ward, and carried (7:0) unanimously, non-exemption for the following positions was ratified: Museum Exhibit Specialist Library Page Custodian II Grounds Maintenance Man Firefighter I Water Plant Operator CA 65B CA 50 NEGOTIATION OF AMENDED REFUSE CONTRACT AMENDMENTS APPROVED to the refuse contract, After discussion of the City Manger's report dated January 16, 1976 , concerning amendments the following action was taken: The City Attorney was authorized to REDRAFT the contract to incorporate all prior and proposed amendments and to update the format for clarity, all non-substantive changes, on the motion of Councilman Bricken, seconded by Councilman Evans and carried (6:1) with Councilman Ward dissenting. The amendment to remove the weight limitation for single- family residences was APPROVED on the motion of Councilman Bricken, seconded by Councilman Evans and carried (7:0) unanimously. The motion by Councilman Bricken, seconded by Councilman Ward to approve in principle a change in the basis for the con- tractor's payments from water meters to population was APPROVED when the motion carried on a 4:3 vote with Council- men Brandt, Evans and Ortiz dissenting. The motion instructed the City Manager to provide Council with a methodology study to support his proposal. The recommendation to allow one hour earlier collection start on a trial basis was APPROVED on the motion of Councilman Evans, seconded by Councilman Ward and carried (6:1) with Councilman Brandt dissenting. CITY COUNCIL MINUTES 36 JANUARY 19, 1976 The recommendation to reduce the semi-annual CPI adjustment to once per year was APPROVED on the motion of Councilman Ward, seconded by Councilman Bricken and carried (7:0) unani- mously. The recommendation to deny the contractor's request for an annual automatic increase in commercial bin rates adjusted by CPI was APPROVED on the motion of Councilman Bricken, seconded by Mayor Garthe and carried (7:0) unanimously. The recommendation to restrict all commercial bin rate increases to a maximum of one per year, require contractor to provide an annual statement to justify all requested increases and to secure separate Council approval was APPROVED in principle on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (7:0) unanimously. The recommendation to delete the contractor's required "refund" payments to the City was APPROVED on the motion of Councilman Bricken, seconded by Councilman Evans and carried (7:0) unanimously. The recommendation to allow one "supplemental" payment, upon contractor's request, per year after October 31, 1977, accom- panied by an annual statement and submitted for approval of Council at a public hearing, in order to maintain a fair profit return for the contractor, was APPROVED in principle on the motion of Councilman Ward, seconded by Mayor Garthe and carried (7:0) unanimously. The recommendation to extend the current contract to October 31, 1981 and provide that Council may review it for an addi- tional five year period in October, 1979, after a public hearing, was NOT APPROVED in principle when Councilman Bricken's motion, seconded by Councilman Yamamoto failed on a (3:4) vote with Councilmen Brandt, Evans, Garthe and Ortiz dissenting. Further discussion of the refuse contract amendments and comments from the contractor were scheduled for an Adjourned Regular meeting on Monday, January 26; 1976, at 5:00 P.M. in Room 831, City Hall, on the motion of Councilman Ortiz, seconded by Councilman Ward and unanimously (7:0) carried. A-6-21-71 RECESS convened at 7:35 P.M. with the At 6:19 P.M. Mayor Garthe recessed the meeting for dinner; the meeting was re- same Councilmen present. INVOCATION The Pledge of Alle- PLEDGE OF ALLEGIANCE giance to the Flag led by Boy Scout Troop #28, Daniel Oldawage, Leader, was followed by the Invocation given by Councilman Bricken. CA 9.10 CA 80.17 PROCLAMATION PRESENTATION Mayor Garthe pre- "FESTIVAL OF LEARNING DAYS" sented to Mrs. Susan Brenner, a Proclamation entitled "Festival of Learning Days" to commend her Festival to be held January 24, CITY COUNCIL MINUTES 37 JANUARY 19~ 1976 25, 31, and February 1 and culminating in a Gala Concert Sunday evening, February 8, 1976 at Phillips Hall, Santa Aha College. In addition to the 15 local music students who are taking part in the event, Mrs. Brenner is hosting two students from Norway. CA 46 PUBLIC HEARING - APPEAL NO. 354 Mayor Garthe announced VA 75-46; RES. NO. 76-8 that this was the time APPROVED VARIANCE and place for the public hearing of Appeal No. 354 filed by J. Ogden Markel in opposition to Variance Application 75-46 filed by George Georgieff for a dental lab- oratory at 602 West Edinger in the Ri District. Mr. William Daugherty, Senior Planner, stated that the location is near the corner of Van Ness and Edinger and the area is designated as low density residential in the General Plan; that the Planning Commission heard the request for variance on August 11, 1975, and approved it on a 3:2 vote; that an appeal was subsequently filed, heard by the City Council, and the matter referred back to the Planning Com- mission to hear new evidence and testimony; that parking was the basic issue in the matter; that the applicant agreed to provide more parking for a total of 16 immediate parking spaces, with a potential for 22 when the insurance building is eliminated; the variance was approved by the Planning Commission on a 5:0 vote. Mayor Garthe asked for speakers in favor of the Appeal and they were: J. Ogden Markel, 1814 South Parton, who stated that practically everyone living within 300 feet of 602 West Edinger has signed a petition and is opposed to the issuance of the variance requested; that the dental offices and laboratory have a total of 19 employees who will make use of off-street parking, forcing patients and visitors to use available on-street parking; that there should be respect for a residential neighborhood; that property values go down when this type of use is permitted; and he urged a denial of the variance. Charles Kaeser, 1617 South Parton, stated that the streets do not get swept because there are always cars parked there. Those speaking in opposition to the appeal and in favor of the variance were: Henry Coopersmith, attorney for the applicants, stated that the variance had previously been approved; that the only valid objection was the parking problem; that the applicant will provide 16 spaces which will help to alleviate the nega- tive impact of the adjoining parking needs; and that the applicant has agreed to tear down the insurance building as soon as the present tenant vacates which will provide an additional 6 spaces. In rebuttal, J. Ogden Markel, stated that there are only 13 9' x 20' parking stalls; that an additional 6 stalls will not be forthcoming until the insurance building is demolished when the present tenant vacates; that the City is taking the applicant's wor8 for something to be done in the future; that the applicants have done nothing to improve the development of the area; that the applicants are not interested in com- munity development; and that the applicants have no intention CITY COUNCIL MINUTES 38 JANUARY 19, 1976 of taking care of the visitor parking problem because it is a physical impossibility considering the parking needs of their own employees. In response to the rebuttal, Mr. Coopersmith stated that a dental facility is an asset to the community and the neighbor- hood; that the dental office is by far the best building in the neighborhood and that it would be in the community's best interest to allow the variance. There were no further speakers and Mayor Garthe closed the public hearing. The following Resolution was adopted on the motion of Council- man Yamamoto, seconded by Councilman Ward and carried (4:3) with Councilmen Brandt, Evans and Mayor Garthe dissenting: RESOLUTION NO. 76-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 75-46, APPROVING SAID VARIANCE APPLICATION, AND DENYING APPEAL NO. 354 FILED THEREON BY J. OGDEN MARKEL AND RESCINDING RES- OLUTION NO. 75-134. With the same motion, Staff was directed to monitor the parking situation at the location and if necessary to recommend appro- priate on-street parking restrictions. CA At 8:25 P.M. Councilman Evans left the meeting. 13.3 PUBLIC HEARING - EIR AND AMENDMENT Mayor Garthe announced TO GENERAL PLAN AND OPEN SPACE that this was the time ELEMENT; APPROVED and place for the public hearing of an amendment to the General Plan and an amendment to the Open Space Element of the General Plan respecting 2.48 acres, a one-half block area between First, Ross and Birch, to allow for the Senior Citizens Housing project. The Planning Director reported that Planning Commission Resolution 6079 recommended the amendment to the General Plan, and that it would only remove about one-half block from the Open Space zone. After invitation by the Mayor, no speakers came forward to discuss the subject of the proposed amendments; Mayor Garthe then closed the public hearing. On the motion of Councilman Bricken, seconded by Councilman Ward, Council certified that the information contained in the Redevelopment Agency's EIR had been reviewed and consid- ered, and Resolution No. 76-15 as follows was carried unani- mously (6:0) with Councilman Evans absent: RESOLUTION NO. 76-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AN AMENDMENT TO THE GENERAL PLAN DELETING THE SENIOR CITIZENS HOUSING SITE FROM THE MAP LABELED "OPEN SPACE PLAN, AN ELEMENT OF THE GENERAL PLAN" AND REDESIGNATING SAID SITE ON THE LAND USE MAP OF THE GENERAL PLAN AS "HIGH DENSITY RESIDENTIAL". CITY COUNCIL MINUTES 39 JANUARY 19, 1976 PETITION FOR TRAFFIC SIGNAL On the recommendation AT MAIN STREET AND BORCHARD STREET of the Traffic En- MARKINGS APPROVED gineer, Joe Foust, in his report of January 13, 1976, the following markings were approved on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried unanimously (6:0) with Councilman Evans absent: (1) Crosswalk at M~in & Borchard restriped with zebra-type markings and reflectorized raised pavement markers added; and (2) relocate illuminated "Ped Crossing" signs to the Main and Borchard crosswalk after the installation of signals at Fifth and Euclid. P~ior to the vote on the motion, Mr. Gene Snyder, 634 South Rosewood, representing the petitioners, stated that they were well aware of the cost of a traffic signal and that they will appreciate anything that can be done to slow down traffic and reduce the hazard at the intersection of ~ain Street and Borchard Street. CA 18.3 ORAL COMMUNICATION Councilman Bricken CRIMINAL JUSTICE COUNCIL initiated a discussion DIVERSION PROGRAM - JUVgNILES of the program pro- posed by the Criminal Justice Council for diversion of juvenile status offenders, voicing his concern for having a concentration of homes for juvenile offenders in Santa Ana. City Manager, Bruce Spragg, CA 112.6d advised Council that Staff would propose, possibly at the CA 140.15 next meeting, a provision to allow the City to control such CA 78 establishments by a requirement for a conditional use permit. CA 47 ADJOURNMENT At 9:00 P.M. the meeting was adjourned to 5:00 P.M. January 26, 1976, in Room 831, City Hall, for the purpose of discussing negotiation of the refuse con- tract and management reorganization, on the motion of Council- man Brandt, seconded by Councilman Ward and carried (6:0) unanimously. CLERK OF THE COUNCIL CITY COUNCIL MINUTES 40 JANUARY 19, 1976