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HomeMy WebLinkAbout05-03-1976MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 3, 1976 The meeting was called to order at 2:00 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Mayor John Garthe. The following Council members were present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, James E. Ward, and Mayor John Garthe. Councilman David L. Brandt arrived at 7:30 P.M. The following Staff members were present: City Manager Bruce C. Spragg; City Attorney Keith L. Cow; Assistant City Manager Ronald Wolford; Deputy City Manager Manuel Rede; Director of Public Works John E. Stevens; Plan- ning Director Charles C~ Zimmerman; Police Chief Raymond C. Davis; and Clerk of the Council Florence.I. Malone. INVOCATION PLEDGE OF ALLEGIANCE man Evans. Following the Pledge of Allegiance to the Flag, the Invocation was given by Council- RECESS At 2:02 P.M. Council COMMUNITY REDEVELOPMENT recessed to convene AGENCY the adjourned regular meeting of the Com- munity Redevelopment Agency; Council reconvened at 2:10 P.M. with the same Councilmen present. CONSENT CALENDAR ITEMS REMOVED & DISSENTING VOTES by Councilman Evans; Councilman Yamamoto; Garthe for consideration following remaining there were no.NO votes. The-~following items were removed from the Consent Calendar: Item 12 D requested Items 5 A, 5 C, and 5 F requested by and Item ? C was removed by Mayor Item 71. On the items CONSENT CALENDAR Councilman Ward's STAFF RECOMMENDATIONS motion, seconded by APPROVED Councilman Bricken, ~ to affirm the Staff recommendations on the following Consent Calendar items, carried unanimously (6:0): MINUTES BID CALLS ment for bids on the Approved the Minutes of the Regular Meeting of April 19, 1976. Approved plans and specifications and authorized advertise- following: SPEC. 76-014 Farming undeveloped por- .tion (58.44 acres) of Centennial Park. SPEC. 76-015 - VENDING MACHINE CONCESSION - Annual contract for vending machine con- cession fo~ employee lounge of City Hall, basement of Police Department and base- ment of Library. CITY COUNCIL MINUTES 165 MAY 3, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PROJECT 1374 - Widen Seventeenth Street from Fairview Street to King Street (Bridge approaches). BID AWARDS bidder: Awarded the following on, basis of lowest responsible and best PROJECT 6106 Security lighting of entire Grant Park site at $00 West Alton Avenue and at Centennial Park; awarded Option II to Davenport Electric, Inc., Santa Aha, in the amount of $47,150.13. PROJECT 6107 Construct concrete walk at Grant Park; awarded base bid and alternate to Elerson Young dba Young Concrete Company, Los Angeles, in the amount of $25,000.00. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: LA VILLA TAXCO, INC. 2700 South Bristol Person to Person Transfer - Type "47" On Sale General (Bona Fide Public Eating Place). NEWTOLS, Robert S. and Sherry J. 1642 East 17th Street - Person to Person Transfer - Type "21" Off Sale General. RON PRICE ENTERPRISES, INC. - 1416 So. Ritchey Street - Original - Type "41" On Sale Beer & Wine (Bona Fide Public EatiMg Place). PETITE AUBBRGE VILLAGE, INC. 3800 So. Plaza Drive, "B-l" - Self-incorporating - Type "47" On Sale General (Bona Fide Public Eating Place) VARIANCES on the following: Approved and filed Negative Declarations and Findings of Fact NEGATIVE DECLARATION & VA 76-12 - Filed by J2D4 Corporation to expand a parking lot in the R 3H District previously approved under VA 75-15 at 211 Civic Center Drive Bast in the P and R 3H Districts. APPROVED. .NEGATIVE DECLARATION & VA 76-14 - Filed by Saddleback Inn, Inc. to allow a tennis court on a C2 parcel that is contiguous to and will-be used in conjunction with the Saddle- back Inn Motor Hotel located at 1663-1669 E. First Street and 106 N. Mabury in the C2 District. APPROVED. NEGATIVE DECLARATION & VA 76-15 - Filed by Miguel L. Jimenez to encroach 9 feet into the required 10-foot rear yard with a pro- CA 89 CA 89 CA 146 CA 146 CA 146 CA 146 CITY COUNCIL MINUTES 166 MAY 3, 1976 CONSENT CALENDAR STAEF RECOMMENDATIONS APPROVED - Continued posed building at 5400 W. Fifth Street in the C2 District. APPROVED. CA 15 DEEDS WITH CASH Approved the following & ESCROW - GRANTEE CITY deeds and authorized Mayor to sign all neces- sary documents in connection with the purchases: MELTON, Lawrence E. and Alice B. South side of Seventeenth Street west of Fair- mont for street and vehicular access. MELTON, Lawrence E. and Alice B., GOODWIN, Orville J. and T. Pauline - South side of Seventeenth Street west of Fairmont for street and vehicular access. CA 155 DEEDS WITH CASH Approved the following GRANTOR CITY deed with escrow, and authorized Mayor to sign all necessary documents in connection with sale: VALDIVIA, Jose Luis - Northwest corner of First Street and Raitt Street; surplus property sold at auction. (Continued from April S, 1976.) Approved the following deed and authorized its execu- tion by Mayor and Clerk: TOTTY, L.T. - North side of Seventeenth Street west of Ross Street, to eliminate :: encroachment. (SPR No. 76-5) TENTATIVE PARCEL MAPS Approved the Negative : Declarations; approved the following maps sub- ject to conditions contained in Planning Director's Reports; and waived the alley requirement on Map No. 959: NEGATIVE DECLARATION & PARCEL MAP NO. 959 - Filed on March 22, 1976 by Inland Counties Financial Corporation creating two C2 par- cels; all proposed parcels to be used for commercial purposes; generally located on the southeast corner of First Street and Jackson Street. . ~ CA 155 NEGATIVE DECLARATION & PARCEL MAP NO. 961 Filed on March 26,~1976 by'Baker-Miller Associates creating four LM parcels; all proposed parcels to be used for~industrial purposes; generally located at the southeast corner of Carnegie Avenue and Daimler Street. CA 25 FINAL PARCEL and accepted the MAP NO. 945 east of MAPS Approved the following -maps in accordance with _ State Map Act-provision, dedications thereon: - South side of Warner Avenue Greenville Street - $ lots. MAP NO. 948 - South side of Dyer Road east of Flower Street - 3 lots. CA 25.2 CITY COUNCIL MINUTES 167 MAY 3, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued TRACT MAP AGREEMENTS & Approved release of EXCHANGE OF BONDS performance bond dated ~ August 1963 in the amount of $203,000 and the monument,.labor and ' material bonds furnished in accordance with the agreement; accepted subdivision improvement bond dated August 1975 in the amount of $4,900.00; and authorizer execution of new agreement by the Mayor and Clerk on the following: TRACT NO. 3236 - Northeast corner of Warner Avenue and Harbor,Boulevard. Approved release of performance, monument, labor and materials bonds furnished in accordance with agreement dated September 1975; accepted performance bond~in the amount of $11,000, payment bond'in the amount of $5,500, and defective materials and workmanship bond in. the amount of $1,100; authorized execution of the new agreement by the:Mayor and Clerk on the following: TRACT NO. 8344 - Northwest corner of Raitt Street and Segerstrom Avenue. CHANGE ORDER Approved the following change order: PROJECT 7040A - Construction of sanitary sewer in Birch Street~between First~.Street and Second Street, change order #1 increas- ing in the amount of.$1,191.81 for reloca- tion of sewer main. SURPLUS PROPERTY Declared the following property surplus and approved the sale to the adjoining property owner: SPR NO. 76-3 PROJECT 1267 (Seventeenth Street Widening) Triangular shaped portion of. real property approximately 1S0' x 0.5' at 515 West Seventeenth Street. AGREEMENTS Approved the following agreements and authorized their execution bythe Mayor and Clerk: SPONSORSHIP OF SOUTHERN CALIFORNIA AQUATICS CLUB OF SANTA ANA - Between City and the.Southern California Aquatics Club for:use of Memorial Swinnning Pool. PROFESSIONAL SERVICES (TEAM POLICING PROJECT EVALUATION) - Between City and John P. Kenney, PhD. to monitor and re- view team policing operations under a Law Enforcement Assistance Administration Grant. CA 24 CA 89 CA 45 A-76=31 A=76-32 CITY COUNCIL MINUTES 168 MAY 5, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED-- Continued PROFESSIONAL SERVICES (MENTAL HEALTH CONSULTANT ) Between City and the County for the Mental Health Center's training of members of the Paraprofessional Emergency Response Team, and as consultant, as required~ A-76-33 PROFESSIONAL SERVICES (DATA STORAGE ~ RETRIEVAL SYSTEM) - Between. City and Rockwell International to provide project analysis and functional design of the system. (Bid awarded April 5, 1976.) A-76-35 RELOCATION ASSISTANCE Approved the following payments: PROJECT 1267 (Seventeenth Street Widen- ing) Payment of $10,000 to Mr. and Mrs. Chester L. Curl (Chet's Meats, 501 W. Seventeenth Street) as a business in-lieu payment. PROJECT 1267 (Seventeenth Street Widen- ing) Payment of $2,155.55 to Dr. V. L~ Rossiter (520 W. Seventeenth Street) as an Actual Moving Expense payment. REQUEST OF LEAVE TO FILE LATE CLAIM CARILLO, HILARIO - Denied the following request to file late claim: Claim for personal CA 29.8 injuries sustained on November 18, 1975 during an arrest. CA 65.7 Received and filed the status reportcof matters referred to Staff by COUNCIL REFERRAL SUMMARY Council. CA 80.2 PROCLAMATIONS Received and filed Report of Proclamations issued by the Mayor from April 15 to April 29, 1976. . CA 46 * * ~ g ~ * ~ * CONSENT CALENDAR FINIS * * * ~ * * * * MINOR EXCEPTION 76-5 Councilman Ward's DR. ROBERT NEVIN motion to approve APPROVED and file the Negative Declaration and Planning Commission Finding of Fact was seconded by Coun- cilman Ortiz, and~carried (4:2) with Councilmen Evans and Yamamoto dissenting, on the following: . ,; NEGATIVE DECLARATION & ME 76-3 Filed by Dr. Robert Nevin to expand an existing beer bar located within 300 feet of resi- dential property at 3610 West First Street in the C2 District. APPROVED. CA 13.2 CITY COUNCIL MINUTES 169 - MAY 3, 1976 VARIANCE 76-13 PHYLLIS TAYLOR filed the Negative APPROVED Declaration and Planning Commission Finding of Fact on the following, on motion of Councilman Ward, seconded by Councilman Evans, and carried (5:1), with Councilman Yamamoto dissenting: NEGATIVE DECLARATION AND VA 76-13 - Filed by Phyllis Taylor to waive the required 10-foot rear yard and landscape planter width for a proposed:liquor store at 817 East Fourth Street in the C2 District. APPROVED. Council approved and CA 13 VARIANCE 76-16 The Negative Declara- PARKCBNTER CORPORATION tion and Planning APPROVED Commission Finding _ of Fact were approved and filed, on the unanimously approved (6:0) motion of Coun- cilman Yamamoto, seconded by Councilman Ward, on the follow- ing: NEGATIVE DECLARATION & VA 76-16 - Filed by Parkcenter Corporation to construct two~story~apartment buildings within t50 feet of property zoned R1 single family residential and the "B" parking modifica- tion district at 1345 N. Cabrillo Park Drive. APPROVED. CA 13 AGENDA ORDER The Negative Declara- TRACT MAP 9046 LUKENS tion and Tract Map No. 9046 filed by James A. and Florence B. Lukens were considered following the Public Hearing on Appeal No. 362 of Planning Commission approval of Conditional Use Permit ?6-8. (Council Minutes Page 179.) AGREEMENTS - TITLE & Councilman Evans ESCROW SERVICES declared a conflict REFERRED of interest with : regard to the follow- ing title company agreements because he is Vice President, Santa Aha Office of First American Title Company, and withdrew from the dais: TITLE & ESCROW SERVICES - Between City and First American Title Company, Safeco Title and Insurance Company, and Title Insurance and Trust Company for services at discount rates. Councilman Bricken's motion to request the City Attorney to submit a recommendation to Council pertaining to the question of Councilman Evans' declaration of conflict of interest was seconded by Councilman Yamamoto, and carried unanimously (6:0). A-76-34 CA 81.1 Councilman Evans returned to the. Council Chamber. CITY COUNCIL MINUTES 170 MAY 3, 1976 READING WAIVED On motion of Councilman Ward, seconded by Coun- cilman Bricken, and unanimously carried (6:0), Council waived full reading of all ordinances and resolutions, the titles of which appeared on the public agenda, and con- sideration was given by title only. RESOLUTION NO. 76-44 The following resolu- STADIUM RENTAL RATES tion was referred to REFERRED Staff for further study of the Stadium parking lot use, taking into consideration the Civic Center Parking Study information which is being compiled, on the motion of Councilman Ward, seconded by Councilman Yamamoto, and carried (5:1), with Councilman Evans dissenting: RESOLUTION NO. 76-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING RENTAL RATES FOR USE OF THE SANTA ANA MUNICIPAL STADIUM PURSUANT TO PERMITS ISSUED BY THE DEPART- MENT OE RECREATION AND PARKS. CA 52.8 CA 52 RESOLUTION NO. 76-45 AUTHORIZING MANAGER TO EXECUTE CONTRACTS REMOVED FROM AGENDA resetution is on file, Councilman Yamamoto, Council deleted the following resolution from the Agenda, based on the Attorney's com- ment that a similar on the unanimously carried motion of seconded by Councilman Bricken (6:0): RESOLUTION NO. 76-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY, CERTAIN.CONTRACTS FOR SUPPLIES, LABOR, OR OTHER VALUABLE CONSIDERATION TO BE FURNISHED TO THE CITY, AS PROVIDED BY SECTION 421 OF THE CHARTER; RATIFYING THE EXECUTION OF SUCH CONTRACTS HERE- TOFORE; AND REPEALING RESOLUTION NO. 72-30. CA 79 PERSONNEL BOARD - RESIGNATION On the motion of Council- OF GILBERT SEGOVIA - RECOMMENDATION man Evans, seconded by FOR APPOINTMENT - WILLIAM H. MAY Councilman Bricken, the ACCEPTED; FILED resignation of Gilbert Segovia from the Person- nel Board was 'accepted with regret; Staff was directed to pre- pare recognition of service; and Personnel Board Chairman, Richard Grace's recommendation ~or the r~appointment of William H. May was received and fi!ed with the~Council appointment Committee, on a unanimous v~te (6:0). CA S0.8 CA 80.9c REQUEST FOR WAIVER OF FEES The letter dated .CABRILLO PARK TENNIS COURT April 21, 1976 from REFERRED the Girls Club of Santa Ana, requesting a waiver of the tennis court fees at Cabrillo Park for a mixed doubles tennis tournament June 19 and 20,,was referred to Staff for investigation and recommendation on ~the motion of Councilman Yamamoto, seconded by Councilman Evans and carried (6:0) unanimously. CA 65 CA 45.1 CITY COUNCIL MINUTES 171 MAY 3, 1976 REQUEST FOR WAIVER OF FEE The letter dated ALONA PARK - April 14, 1976 from REFERRED the Children's Hear- More Institute, re- questing a waiver of fees for Aloha Park to hold summer day camp from July 6 through August 15, was neferred to Staff for investigation and recommendation, on the motion of Councilman Evans, seconded by Councilman Ward and carried (6:0) unanimously. CA 65 CA 45.1 PEDESTRIAN WALKWAY A request dated SANTA ANA BLVD. TO STATE BLDG. April 16, 1976 from APPROVED , ~R~ H. Kopel, President of the Civic Center Commission for approval of use of approximately $S,900 from Civic Center Authority parking revenue funds for a pedestrian walkway at the Patton Street entrance from Santa Aha Boulevard to the State Building, recommended by-the City's~Public Works Director and concurred in by the County General Services Agency, was approved on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (6:0) unanimously. CA ??.11 OPPOSITION - AB 3388 (CHIMBOLE) AUTHORIZED~NOTIFICATION all local members of the Legislature ~of the City's position to oppose Assembly Bill 3388 (Chimbole) which would exempt Local Agency Formation Commissions from, compliance with_the California Environ- mental Quality Act of 1970,..on the unanimously approved (6:0) motion of Councilman Ward, seconded by Councilman Ortiz. Mayor Garthe was authorized to notify CA 57 EXECUTIVE SESSION At 2:55 P.M. the Mayor recessed the meeting for an Execu- tive Session called for legal and personnel matters; the meeting was reconvened at 2:48 P.M. with the same Council members present. C3 PARKING WAIVER Wgiver of eight BROWN'S JEWELRY, 213 E. 4TH parking spaces, APPROVED required in connec- tion with a build- ing permit issued for the construction of'a storage loft, was approved, and.the associated Negative Declaration was also approved and filed, on the motion of Councilman Evans, Seconded by Councilman Bricken, and carried (5:1), with Councilman Ward dissenting. CA 18 HIRING EXEMPTION REQUEST The motion:to exempt REPRO:EQUIPMENT OPERATOR II the position of Repro- DENIED graphics Equipment Operator II in the Finance Department-from the hiring freeze, made by Council- man Ward, seconded by Mayor Garthe; failed to carry on a vote of (2:4), with Councilmen Evans, Bricken, Yamamoto and Ortiz dissenting. CA 50 CITY COUNCIL MINUTES 172 MAY 3, 1976 EKO PROTECTION'SERVICE The modified proposal FREE BUS SMELTERS.PROPOSAL of ~KO Protection REFERRED Service presented to Council at its meeting of April 19, 1976, was referred to Staff to determine whether or not the City's agreement with the Orange County Transit District to install 22 bus shelters would be jeopardized in any way should Council choose to allow EKO Protection Service to install an additional 22 bus shelters at other locations in the City, on a one year trial basis, on the motion of Councilman Bricken, seconded by Councilman Yamamoto, and carried (S:i), with Mayor Garthe dissenting. Councilman Ward suggested that due concern be given to the location of the shelters with respect to the rights and interests of adjacent commercial and private property owners. Prior to the motion,,Michael Silvas, 1140 West Santa Aha Boulevard, Attorney for EKO Protection Service, stated that the Orange County Transit District approved their proposal commenting that it would save.tax money, and:suggesting that they go to the individual cities for approval of the plan; that $55,000 will be expended for the 22 shelters to be constructed by the Orange County Transit District; that Council might consider allowing EKO to install their shel- ters for a one-year trial period at no cost to the City-; that they feel that a three-sided shelter as proposed by OCTD might encourage vandalism and graffitti; and that EKO's shelter design .would be sufficient to shelter bus patrons and encourage use of the transit system.~ . . CA 84 ADJUSTMENT IN,PAYMENTS TO TRASHCOLLBCTION CONTRACTOR APPROVED rate increase following their Councilmen Evans and Ortiz requested absten- tion from voting on the trash collection declaration of a conflict of interest in accordance with Section 2-105 of the Municipal Code. Both Councilmen declared that they accepted gifts in excess of $25 from a person who is believed to have some interest in the Great Western Reclamation Company. The Councilmen left the Council Chambers:following a motion by Councilman Bricken, seconded by Councilman Ward, and c~rried (5:0) to declare that Councilman Evans had a con- flict of interest for the reason stated, and was therefore disqualified from voting; A similar motion by Councilman Bricken, seconded by Councilman Yamamoto, carried (4:0), for Councilman Ortiz. Council authorized the following compensation adjustments for Great Western Reclamation, Inc., for residential trash collection, for incorporation in amended contract, effective May 1, 1976: 1. An increase of 15 cents per water meter per month; Cancellation of the pay-back clause which was established in December, 1973, when SCA acquired Great Western S%ock. CA 11.4 A-6-21-71 Councilmen Evans and Ortiz were asked to rejoin the meeting. CITY COUNCIL MINUTES 175 MAY 3, 1976 SUPPORT OF AB 5~25 (MC ALISTER) As recommended by the MASSAGE PARLOR REGULATION City Attorney in his AUTHORIZED NOTIFICATION report of April 27, 1976, the Mayor was authorized to notify the appropriate members of the Legisla- ture of the City's position in support of Assembly Bill 3325 (McAlister)', on the motion of Councilman Evans, seconded by Councilman Yamamoto, and:~carried (6:0). unanimously. CA 57 ELIGIBILITY LISTS FOR On the recommendation BILINGUAL FIRE FIGHTERS of Acting Fire Chief APPROVED Raymond Bachtelle, and Personnel Director Donald Bott~ Council authorized establishment of additional eligibility lists for Firefighter I (bilingual) and Fire- fighter II (bilingual); and approved establishment of priority for future appointments to meet_the need for adequate numbers of Spanish-speaking personnel in the Fire Department, on the motion of Councilman Evans, seconded by Councilman Bricken, and carried (6:0) unanimously. CA 50 LIABILITY-SELF-INSURANCE & Based on the report RISK MANAGEMENT PROGRAM prepared by Personnel APPROVED; RES~ 76-46 ADOPTED Director Donald Bott, :- :~ and,the comments of City Manager Bruce Spragg~ in which:he related the plight of most cities resulting from the exhorbitant cost of insurance, the following action was taken: Authorized City Manager to obtain proposals for liability excess insurance coverage up to $10 million in excess of a $100,000 deductible per ~occurrence, lwith a $500,000 maximum potential annual toss to the City, on the motion of Council- man Ward, seconded by Councilman Evans, and carried (6:0) -unanimously; CA 88.50 2. Approved an agreement for liability claims pro- cessing services with Carl Warren Company of Santa Ana, on the motion of Councilman Bricken, seconded by, Councilman Ward, and carried ~6:0) unanimously; A-76-37 3. ,Approved~classification specifications for the positions of Risk Manage~.and Personnel Assistant on the motion of Councilman Bricken, seconded by Councilman Ward, and carried (5:1), with Council- man Evans dissenting; CA 50.1 : CA 88 and adopted the following resolution: RESOLUTION NO. 76-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO ESTABLISH THE CLASSES OF RISK:MANAGER AND PERSONNEL ASSISTANT; on the motion of Councilman Bricken, seconded by Councilman Yamamoto and carried C5:1), with Councilman Evans dissenting. CA 50.1 ", CA 88 The claims processing procedure recommended by 'the City Attorney in his report dated April 29, 1976, was approved on the motion of Councilman Evans, seconded by Councilman Bricken and carried (6:0) unanimously. CA 65.7a CA 88.50 CITY COUNCIL MINUTES 174 MAY 3, 1976 APPROPRIATION ADJUSTMENT #184 The Appropriation Adjust- WATER SYSTEM M~IINTENANCE .merit to transfer $36,000 APPROVED from Acquisition and Construction to Water Distribution where it can be utilized for maintenance, was approved on the motion of Councilman Evans, seconded by Council- man Ward, and carried (6:0) unanimously. CA 65.3 ORAL REPORT Manuel Rede, Deputy City COMMUNITY CENTER ALTERNATIVES Manager, Community Rela- tions, presented an oral report, previewing a written report to come to Council at its May 17 meeting for consideration along with the annual Budget review. He described three alternatives as follows: l) Close the West Center and transfer the permanent City Staff Coordinator to the Senior Citizens Center; transfer the E1 Salvador Community Center operation to the Figueroa Street Community Center for a total cost of $1.08,000; Continue operation of the three community centers, plus Figueroa Street and the Senior Citizens Cen- ter, estimated cost $157,600, including the employ- ment of one more Community Center Coordinator; this proposal would provide a total of five ser- vice centers; or 3) Continue to operate the West and Corbin Community Centers with outreach services to the E1 Salvador Center using a CETA employee at a cost of $122,650. Mr~ Spragg stated that Staff is seeking a solution that will avoid the cost impact of additionally staffing two centers next fiscal year. : CA 131.6 ORAL REPORT - AGREEMENT Robert Gresham, Director BICENTENNIAL MUSICAL "GEORGE M" of Recreation and Parks, APPROVED : . announced that the stage musical approved by Council on January 19, 1976 will be held at Santa Aha College Phillips Hall, from July 29 to August ?, 1976, sponsored by the City Recreation and Parks Department, Santa Ann College, and the Bicentennial Committee; that after contacting a number of stars, they have been successful in obtaining the services of Gene Nelson for the leading role; that it will be necessary for the City to contract with Mr. Nelson through a standard Actor's Equity agreement which contains the following provi- sions: 1) Mr. Nelson will join the company on July 15, 1976; 2) An "out" clause enabling Mr. Nelson to be released from his commitment with a minimum of 30 days notice prior to joining the company on July 15; 3) Two checks amounting to $1,2S0.each in payment for the last two weeks to be deposited immediately upon completion of the above stated contract; 4) One check for $40? covering Actor's Equity pension and welfare fund paid immediately upon completion of the above stated contract; S) One check for $1,000 made payable to Mr. Nelson for rehearsal expenses deposited with his agent, International Creative Management, when the contractual ar- rangements are completed; and 6) The City of Santa Ann will pay Mr. Nelson $S,000 salary plus $1,000 expenses during his participation in the Santa Aha College production of "George M"; that this contract is being presented to Council orally because of the need to begin pre-production conferences, and CITY COUNCIL MINUTES 175 MAY 3, 1976 because the contract requires advance payments and the City's signature prior to Mr. Nelson's signing; and that the con- tract is within the budget allocated by the Council for the production ($16,000). After a' short discussion of the agreement, on the motion of Councilman Ward, seconded by Councilman Evans, advance payments required by the contract were approved, and the Mayor and Clerk were authorized to execute the contract on a (4:2) vote, with Councilmen Yamamoto and Ortiz dissenting. A-76-56 ORAL COMMUNICATION Councilman Ortiz SISTER CITY PROGRAM reported that he had COUNCILMAN ORTIZ received the reports showing previous attempts to maintain a Sister City Program, but that he still wished to proceed with his promotion of the idea. On the unanimously approved (6:0) motion of Councilman Ward, seconded by Councilman Yamamoto, Councilman Ortiz was appointed as Council liaison to investigate a Sister City Program at no cost to the City. CA 67 ORAL COMMUNICATION Mayor Garthe announced COUNTY PARAMEDIC PLAN that he, Councilman PROGRESS REPORT Brandt and City Manager Spragg had attended an Orange County League of Cities meeting regarding the County Paramedic Plan. City Manager Bruce Spragg elaborated on the meeting, stating that the County plans to place on the November ballot the establishment of a County-wide paramedic taxing district; that he, Mayor Garthe and Councilman Brandt have been attempt- ing to develop the City's position on the matter; that essen- tial elements of the plan, in his mind, are: 1) Any paramedic taxing district would be totally voluntary for the cities' participation; 2) each City which does choose to participate would be able to retain, at its own option, the choice of operating its own program or joining with other cities; 3) Cities should be able to develop the types of things already started as well as to charge a portion of their costs; that Santa Ana could utilize non-firemen certified paramedics if desired; that it would be beneficial if the cities took a uniform position; that there should be time prior to the elec- tion for the City to formulate a position. CA 112.22 JOINT DINNER MEETING The Joint Dinner Meeting LIBRARY BOARD of the City Council and the Library Board was called to order by Mayor John Garthe in the Black Star Room of the Saddleback Inn, 1660 East First Street, with all Councilmen in attendance. The fol- lowing members of the Library Board were also present: Chairman Bill Hill, Harold Jenkins, Robert Kohl, Ginger Yates. Mr. Howard Samuelson, Library Director, was also in attendance. Mr. Samuelson responded to Chairman Hill's request and stated that the Library is operated efficiently and effectively, but needs increased per capita support. He distributed a compara- tive data report of the ten public libraries in Orange County, indicating that all of them have higher per capita support than Santa Ana: only one has lower costs per books circulated; that the City has the third highest number of books circulated per staff member (over 14,000), the third lowest number of employees per 100,000 book circulation, and second lowest in ratio to population. CITY COUNCIL MINUTES 176 MAY 3, 1976 Mr. Hill stated that the Library bonds will be paid off next year, and he suggested that the $80 - $90,000 which would be realized be used for library purposes. The discussion which followed included a joint powers agree- ment with the School District for library services, combined library, park and community center site, main library expansion increased parking, the opening of the Santa Aha History Room in the main Library in July, and funding of its staff. Mr. Samuelson described a proposed community information and referral service including a listing-.of over 1,000 public, private and governmental agencies, which would assist people zn their day to day problems of living. Chairman Hill stated that a'new bookmobile is needed to replace the present one, which is 18 years old; and thmt funding might be available through a federal grant considering the service it provides to the minority communities in the City. Mr. Samuelson suggested that Council might want to reconsider its previous denial of the Personnel Department recommendation to reclassify certain Library employees who are performing work above their classifications. He stated that the proposal would redistribute work more equitably and give greater opportunity to move from one classification to another. Mr/ ~pragg stated that the 1-1/2% bond fund referred to by Mr. Hill would actually generate over $100,000 per year, which would almost operate a branch library; and that there are four possible funding sources: 1) Sell the existing old site and build on a site owned by the City; 2) Use $90,000 reserve fund which has been maintained for a branch library; 5) Use Community Development funds; 4) Combine all the foregoing and the midyear general revenue sharing monies. He added that a branch library could be built if Council decides it is the highest priority. Chairman Hill suggested a combined-use building for Library and Community Center. CA 56.1 The meeting was recessed at 7:1S P.M. INVOCATION PLEDGE OF ALLEGIANCE The Pledge of Allegiance Troop #710, Mrs. Claudia Council reconvened in the City Council Chamber at 7:30 P.M. with all members present. to the Flag was led by Girl Scout Farley, Troop Leade~, followed by the Invocation given by Robert Cooper, First Reader, First Church of Christ Scientists. CA 9.10 CA 80.17 CITY COUNCIL MINUTES 177 MAY 5, 1976 PROCLAMATION PRESENTATION Mayor Garthe presented "RESPECT FOR LAW WEEK''~- the "Respect for Law OPTIMIST CLUB OF SANTA ANA Week" Proclamation to Mr. Jim Kanno and Mr. Barney Kloster of the Optimist Club of Santa Aha. Mr. Klos- ter commented that the Optimist Club has operated continuously for 55 years and is:dedicated to programs combating crime, and to promoting constructive activity for the youth of the community. CA 46 PUBLIC HEARING - ME 76-4 Mayor Garthe announced PACIFIC LIGHTING LEASING CO. that this was the time APPROVED and place for the Pub- lic Hearing set by Council, of the Zoning Administrator's approval of Minor Exception 76-4, filed by Pacific Lighting Leasing Company, to permit the on-sale of liquor within 500 feet of residential property at 2740 North Grand Avenue. Planning Director, Charles Zinunerman, described the subject location as bounded by the Garden Grove Freeway on the north, a shopping center being constructed on the east and on the south and west by an adult apartment complex. He stated that there is a driveway separating the second story restaurant from the apartmeats; that no games or entertainment are pro- viced, and that the establishment will close at 9:00 P.M. daily; that it would not be an obnoxious use; and that there was no opposition at the public hearing held in the Planning Department. The Clerk reported that there were no written communications. Mr. LeRoy Daigle, 3054 College Court, Orange, spoke in favor of the minor exception emphasizing that no one under 21 is allowed to occupy an apartment in the complex within 300' of the subject establishment. There being no further speakers, Mayor Garthe closed the public hearing. The following resolution was adopted on the motion of Council- man Yamamoto, seconded by Councilman Ward, and carried (7:0) unanimously: RESOLUTION NO. 76-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION OF THE ZONING ADMINISTRATOR ON MINOR EXCEP- TION PERMIT APPLICATION NO. ME?6-4 APPROVING SAID MINOR EXCEPTION PERMI~ APPLICATION FILED BY PACI- FIC LIGHTING LEASING COMPANY. CA 13.5a PUBLIC HEARING - APPEAL 362 Mayor Garthe announced MC DANIEL; CUP 76-8 - LUKENS that this was the time APPEAL DENIED and place for the hear- ing of Appeal No. 562, filed .by Ira F. McDaniel, of the Planning Commission approval of Conditional Use Permit 76-8, filed by James A. and Florence B. Lukens, to construct a single, family development at 1601 South Raitt Street in the R1-PD District. Planning Director Charles Zimmerman stated that any develop- ment in the R1-PD zone requires a conditional use permit; that the application was processed and public hearing duly held before the Planning Commission on April 12; that the permit was approved on a 6:1 vote; that an appeal was filed by Ira F. McDaniel, the owner of an adjoining parcel 131' x 369', stating that 1) his property would be left without CITY COUNCIL MINUTES 178 MAY 3, 1976 rear access (south); and 2) that no provision for drainage from his land was provided; and that the developer of the proposed tract has indicated that he will provide drainage and a sewer line to Mr. McDaniel's property. Arthur Aune, 2333 North Broadway, Attorney representing Mr. McDaniel, stated that his client would prefer to see Rene Drive extended northerly to Pomona; that he had been told by a gentleman in the Building Department that the only way it could work would be to run Rene generally easterly, which would affect the northerly and westerly portion of his client's property even more adversely; that he had talked with Hugh Foreman, representing the owner and developer, and if Council will not consider the extension of Rene Street to Pomona, then he would accept the developer's assurance that drainage and sewer problems would be taken care of. Hugh Foreman, representing the owners and developers of the proposed tract, stated that they had agreed to provide a sewer and outlet drainage for Mr. McDaniel's property; that Mr. McDaniel had previously owned a much larger parcel and had subdivided it, leaving himself with the present parcel, with which he claims to have difficulties; that Mr. McDaniel had declined to sell his property to Mr. Lukens. Don Watson, 1622 West Occidental, stated that he had a drainage problem also. Mr. Foreman responded that they were planning to use an asphalt ditch to drain Mr. Watson's property down to Rene as part of the development of the tract. Mr. Aune stated that. Mr. Foreman indicates all of the problems have been solved; that it is apparent there are some serious problems that exist; that further consideration of the over- all development of the general area is merited; and that he urged Council to consider it in that light. There being no further speakers, Mayor Garthe closed the Public Hearing. On the motion of Councilman Bricken, seconded by Councilman Brandt, the City Attorney was directed to prepare a Resolution affirming the decision of~the Planning Commission approving CUP 76-8 and: denying.Appeal No. 562 of Ira F. McDaniel, unanimously carried (7:D). NEGATIVE DECLARATION & Negative Declaration TRACT MAP 9046 - LUKENS 76-49, continued from APPROVED; F~LED the Consent Calendar, was approved and filed~ and the following Tract Map was approved subject to the conditions contained in .the Planning Director's Report, on the motion of Councilman Brandt, seconded by Councilman Bricken, and carried (7:0): NEGATIVE DECLARATION & TRACT MAP NO. 9046 Filed on March 15, 1976 by James A. and Florence.B. Lukens creaIing 84 R1-PRD lots; all proposed lots to,be used for single : family residences; generally located on the east side of Raitt Street, 657 feet south of Edinger Avenue. CA 24 Ronald Wolford, Assistant City Manager, in response to a question by Councilman Bricken, stated that Conditions number 4, 8, 16 and 17 to Tract Map No. 9046 covered the problems previously discussed concerning the drainage. CITY COUNCIL MINUTES 179 MAY 3, 1976 Hugh Foreman, representing the owners and developers of the subject tract, stated that the tract contains $0 less homes than had previously been planned. In response to Mr. Fore- man's question about approval of Condition No. 17 and the sewer problem on Rene Street, Mr. Wolford stated that the existing sewer is master planned for replacement. PUBLIC HEARING Mayor Garthe announced ORDINANCE NS-tSOS - PAWNBROKERS that this was the time 2ND HAND DEALERS ~ AUCTIONEERS and place for the Pub- CONTINUED TO MAY 17 lic Hearing of Ordinance NS-150S revising Municipal Code Sections regulating pawnbrokers, secondhand dealers, and auctioneers; that notice of hearing had been published in the "Register,' and a number of dealers notified of the hearing. City Attorney Keith Gow introduced Michael Karger of his staff to review the substance of the revisions. Mr. Karger stated that the most significant change is the incorporation of auctioneers into the definition of second hand businesses to comply-with State law; and that the change to include business machine dealers is necessary to comply with State Business and Professions Code. Mr. Karger answered several other questions from the following persons: B. W. Dowander, 504 East 16th Street Frank McClernon, 1444 Louise Street There being no further speakers, the Public Hearing was closed. Councilman Bricken observed that many of the dealers had questions and had not had sufficient time to review and clarify the proposed ordinance provisions. His motion, seconded by Councilman Ortiz, to reopen the Public Hearing and continue it to the next Council meeting, May 17, 1976, carried (7:0) unanimously. City Manager Bruce Spragg announced that in response to the interest evident at the meeting, he would arrange for a meeting to help clarify the changes proposed by the ordinance. CA 91.2 CA 91.4 REQUEST FOR FUNDING The letter of request ASSISTANCE - CASA DELHI dated April 19, 1976 REFERRED from Eleazar Blanco, President of Casa Delhi, for financial.assistance to continue the program of the Delhi Center at S42 East Central Avenue was referred to Staff for recommendation to come back to Council at Budget hearings, on the motion of Councilman Brandt, seconded by Councilman Yamamoto~ and carried (7:0) unanimously. Casa Delhi personnel presented letters of recommendation to Council and the following persons spoke favorably of the work done at the Center: John Savaadra, 2219 South Cedar Carmen Carnejo, Director of Delhi Center Dr. Keith Kephart, 2050 East 4th Street Jim Re)mold, 1608 North Spurgeon Byron Quimby, 2425 South Main Street CITY COUNCIL MINUTES 180 MAY 3, 1976 ADJOURNMENT At 9:17 P.M. Mayor Garthe adjourned the meeting. CLERK OF THE COUNCIL CITY COUNCIL MINUTES 181 MAY 3, 1976