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HomeMy WebLinkAbout08-16-1976MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 16, 1976 The meeting was called to order by Vice Mayor Vernon S. Evans in the CitylCouncil Chambers, 22 Civic Center Plaza, at 2:00 P.M. The following Council members were present: Harry K. Yamamoto, David L. Brandt, James E. Ward and Vice Mayor Evans. Councilman Bricken and Councilman Ortiz arrived at 2:03 and 3:10 P.M., respectively. Mayor John Garthe was absent. Also present were the following staff members: Assistant City Manager Ronald Wolford, Executive Directors G. David Tayco and Manuel Rede, Deputy City Attorney Richard Lay, Director of Public Works John E. Stevens, Planning Director Charles Zimmerman, Police Captain Charles Thayer and Clerk of the Council Florence I. Malone. INVOCATION Following the Pledge PLEDGE OF ALLEGIANCE of Allegiance to the Flag, the Invocation was given by Councilman Harry K. Yamamoto in the absence of Councilman Bricken. Councilman Bricken arrived at 2:03 P.M. RECESS At 2:05 P.M. Council HOUSING AUTHORITY recessed to convene the regular and annual meetings of the Housing Authority; Council reconvened at 2:07 P.M. with all Council- men present'except Mayor Garthe and Councilman Ortiz. AGENDA ORDER - RES. HONORING KWIZ ADOPTED 76-101 was adopted unanimously (5:0), seconded by Councilman Brandt: Council waived reading and considered the following resolution by title only, and it on Councilman Bricken's motion, RESOLUTION NO. 76-101 - A RESOLUTION DP THE CITY COUNCIL OF THE CITY OF SANTA ANA HONORING KWIZ RADIO FOR SO YEARS OF SERVICE TO SANTA ANA. (Item 58 on the Public Agenda.) CA 73B SPECIAL PRESENTATION RESOLUTION NO. 76-101 HONORING KWIZ A RESOLUTION OF THE CITY RES. 76-101 - PRESENTED COUNCIL OF THE CITY OF SANTA ANA HONORING KWIZ RADIO FOR sO YEARS OF SERVICE TO SANTA ANA was presented by Councilman Brandt to Mr. Pat Michaels, Station Manager, who accepted the resolution on behalf of KWIZ Radio. CA 73B CONSENT CALENDAR The following items ITEMS REMOVED ~ were removed from the DISSENTING VOTES Consent Calendar: Items 5 D, S E, and 7 D requested by Vice Mayor Evans. The Vice Mayor registered a NO vote on Item 12 C; Councilman Yamamoto registered NO's on Items 4 C and 4 D; and Councilman Ward voted NO on Items ? C and 8. CITY COUNCIL MINUTES 303 AUGUST 16, 1976 CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS approved motion of APPROVED Councilman Ward, seconded by Council- man Bricken, Council approved the recommended action on the following Consent Calendar items (5:0): MINUTES August 2, 1976. Approved the Minutes of the Regular Meet- ings of July 27 and BID CALLS ment for bids Approved plans and specifications, and authorized advertise- on the following: SPEC 76-026 - Three low-band mobile radios for the Fire Department. SPEC 76-027 - Approximately 4500 feet of fire hose. BID AWARD bidder: Awarded the following on the basis of lowest responsible and best PROJECT 1580.-~Improvements and paved walkway for school children on the north side of Segerstrom Avenue at Thornton Park; awarded to R. J. Noble Company, Orange, in the amount of $53,527. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report of the following applications: BANNISTER, Roy M., Street - Original Sale Beer & Wine. 910 West 17th - Type "20" Off CHILCOTE, Wilbur Byron and RAGUSA, Joseph E. - 420 East Alton Street - Original - Type "10" Beer & Wine Importer's General. ELLIS, Merrit H. and JOHNSON, P. Lee 2327 South Bristol Street Person to Person Transfer - Type "48" On Sale General (Public Premises). Councilman Yamamoto registered a NO vote. (Agenda Item 4 C) HUNT, Thomas J. 216 East Warner Avenue, Bldg. G ~ H - Person to .Person Transfer - Type "40" On Sale Beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 D) JAMAL, Walid Aref - 814 North Main Street - Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). PHAM, Trong Vien 2529 West First Street Original - Type "20" Off Sale Beer & Wine. CITY COUNCIL MINUTES 304 AUGUST 16, CA 89 CA 89 CA 146 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NEGATIVE DECLARATIONS & VARIANCES sion Findings of Fact Approved and filed Negative Declarations and Planning Commis- on the following: VA 76-34 - Filed by Corydon L. Burnette to allow 36 multiple residential units on property with four existing duplexes at 4910-4920 West Fifth Street in the A1 District. APPROVED. VA 76-37 - Filed by Larry Morita to con- struct a storage building at 2701 West Edinger in the C1 District. APPROVED. VA 76-40 - Filed by Lee Crider to permit the location of a duple~ on a lot with an existing single family dwelling with less than the required land area per unit at 807 South Cypress in the R 2 District. DENIED. NEGATIVE DECLARATION Approved and filed & MINOR:EXCEPTION Negative Declaration and the Zoning Administrator's decision on the.following: EX ~6-16 - Filed by Ronald A. and Blanche A. Marks to waive standard condition num- beri6 (no after-hours operation) of Minor Exception 75-15 for on-sale beer and wine in ~n existing restaurant at 402 West Fourth Street in the C3 District. DENIED. DEED WITH CASH GRANTEE~ CITY all necessary documents purchase: Approved the follow- ing deed and author- ized Mayor to sign in connection with the DAILY, JAMES A. and JOAN M. Southwest corner of Flower and Fifteenth Street for street and vehicular access. (Flower Street widening Project 1360) DEED, NO CASH GRANTOR, CITY Authorized execution of the following deed by Mayor and Clerk: SOUTHERN CALIFORNIA EDISON COMPANY - East of Santiago, north of Clemenson for anchor easement. NEGATIVE DECLARATIONS Approved and filed the & TENTATIVE PARCEL MAPS Negative Declarations; approved the following maps subject to conditions contained in the Plan- ning Director's reports; and waived alley require- ment on Maps No. 971 and 972: MAP NO. 970 -,Filed on June 22, 1976 by John T. Linker creating two Mi parcels; both proposed parcels to be used for industrial purposes; generally located on the west side of Broadway, 400 feet north of Central Avenue. CITY COUNCIL MINUTES 305 CA 13 AUGUST 16, 1976 CA 13.2 CA 155 CA 155 CONSENT CAEENDAR STAFF RECOMMENDATIONS APPROVED - Continued MAP NO. 971 Filed on August 5, 1976 by Doug Simpson creating eight R2-PRD and C4 parcels; all proposed parcels to be used for residential and commercial purposes; generally located at the northwest corner of Bristol Street and MacArthur Boulevard. MAP NO. 972 Filed on July 9, 1976 by Har- bor Industrial Properties creating two Mi parcels; both proposed parcels to be used for industrial purposes; generally located on the east side of Harbor Boulevard approximately 730 feet north of MacArthur Boulevard. Councilman Ward registered a NO vote. (Agenda Item 7 C) FINAL TRACT MAP Approved the follow- ing map, accepted the dedications thereon, and the letters of credit, and authorized execu- tion of the subdivision agreement: MAP NO. 8947 - West side of Fairview Street 436 feet south of Westminster Avenue; 51 lots. Councilman Ward regis- tered a NO vote. (Agenda Item 8) SURPLUS PROPERTY Authorized-sale of the REPORTS following at public auc- tion as one parcel (or in no more than two separate parcels) at a minimum bid of $48,300 for all cash or on terms as announced in the "Information Bulletin" regarding the sale of surplus properties: SPR NO. 75-28 (Revision) - North side of First Street, entire block between Raitt and Western to be offered for sale @ $1.50/square foot - vacant land. Declared that the following property has real value only to the adjacent property owner and would have only nuisance value to others, and authorized pro- perty to be sold to the adjacent property owner at the appraised value of $4,926 on the terms described on the Surplus Property Report: SPR NO. 76-6 - Northeast corner Flower Street and Pine Street - 2,463 square feet - vacant land. AGREEMENTS by Mayor and Clerk: Approved the following agreements and author- ized their execution AMENDMENT TO DOCUMENT STORAGE & RETRIE- VAL SYSTEM CONTRACT Between City and Rockwell International, changing the scope of the work to be performed by the Contrac- tor and the amount of the fee.- SUMMER YOUTH RECREATION PROGRAM - Between City and County to disburse funds from the Orange County Manpower Commission for disadvantaged youth in Santa Ana. CITY COUNCIL MINUTES 306 AUGUST 16, CA 2S CA 24 CA 45 A-76-79 A-76-80 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NEWPORT-IRVINE WASTE-MANAGEMENT PLANNING AGENCY - Between City and NIWA acknowledg- ing membership of the City of Santa Ana. Councilman Evans registered a NO vote. (Agenda Item 12 C) A-76-81 COOPERATIVE FINANCING OF C-5-F STORM DRAIN - Between City and County. A-76-82 BOARDS ~ Accepted the resignation COMMISSIONS of Jean Ankrum reported in the letter dated August 5, 1976 from the Planning Commission, and appointed Jack L. O'Dell to complete.the term as a representative from the Planning Commission to the Transportation Advisory Committee for the term end- ing December 1978, as recommended by the Planning Commission. CA 29.10a LIABILITY CLAIM Refered to Administration claim received August 2, 1976 to August 10, 1976. CA 65.7b COUNCIL REFERRAL SUMMARY Council. Received and filed the status report of matters referred to staff by CA 80.2 PROCLAMATIONS to August 10, 1976. Received and filed report of proclamations issued by the Mayor from July 27 CA 46 CONSENT CALENDAR FINIS VARIANCE NO. 76-41 On the unanimously KING MANOR, INC. approved (5:0) motion APPROVED of Councilman Ward, secended by Councilman Yamamoto, Council approved the Planning Commission Finding of Fact report for the following variance: VA 76-41 - Filed by King Manor, Inc. to permit construction of a fourplex development -in the R2-PRD District with less than the required off-street parking at 1021 West Central 56 units. (The Draft Environmental Impact Report was approved as the final EIR by Council on July 19, 1976.) APPROVED. CA 15 CONDITIONAL USE PERMIT 76-19 Council unanimously KING MANOR, INC. approved the Planning APPROVED Commission Finding of Fact report on the following, on the motion of Councilman Ward, seconded by Councilman Yamamoto (5:0): CUP 76-19.- Filed by King Manor, Inc. to permit the construction of a four-plex condominium project at 1021 West Central in the R2-PRD District. (The Draft Environ- mental Impact Report was approved by Council as the final BIR at its meeting of July 19, 1976.) CITY COUNCIL MINUTES 307 AUGUST 16, CA 13.1 1976 TENTATIVE TRACT MAP NO. 9396 The following map was KING MANOR, INC. approved subject to APPROVED the conditions contained in the Planning Direc- tor's Report, on the unanimously carried (S~0) motion of Coun- cilman Brandt, seconded by Councilman Ward: MAP NO. 9396 - Filed on August 4, 1976 by King Manor, Convalescent Hospital creating -fourteen residential lots and three common lots; all proposed lots to be used for resi- dential condominium purposes; generally located on the north side of Central Avenue, approximately 626 feet east of Bristol Street. (Council approved the Draft Environmental Impact Report as the final EIR at its meeting of July 19, 1976 in connection with Amendment Application No. 741, Ordinance NS-1512.) CA 24 READING WAIVED On the .unanimously approved (S:0) motion of Councilman Ward, seconded by Council- man Brandt, Council waived full reading of all ordinances and resolutions, the titles of which appeared on the public Agenda, and consideration was given by title only. AGENDA ORDER - TRANSPORTATION Item 60 on the public PLAN FOR SENIOR CITIZENS CENTER Agenda, a report dated APPROVED August 6, 1976, prepared by Pat Seixas, Community Relations Department, was considered next to accommodate interested persons in the audience. On motion of Councilman Ward, seconded by Councilman Yamamoto, and carried unanimously (S:0), Council approved submission of a transportation plan to the County of Orange for direct lease with option to buy of four 15 passenger vans for three years at a cost not to exceed $72,480, subject to the following conditions: 1) Lease agreement to provide for replacement van on 24-hour notice; z) Lease agreement to provide for phasing in of vans, commencing with two; two additional to be available as needed; 3) Commitment from the Senior Citizens Associa- tion to provide qualified licensed drivers for the program; 4) City Attorney to provide an opinion on the question of competition with private enter- prise; and s) Staff to provide program outline for Council approval. Mr. Mark Vogel, representing citizens, stated that his group favored leased vans with option to buy; that they considered leasing four vans with the idea that each one would be sta- tioned at one of the service centers. Mr. Vogel also read a letter for the record in which his organization recommended that the center be named the "Leah Potter Service Center". The letter was received and filed on the unanimously approved ($:0) motion of Councilman Yamamoto, seconded by Councilman Ward. CA 1~.10 CA 84.3 CITY COUNCIL MINUTES 308 AUGUST 16, 1976 ORDINANCE NO. NS-1314 The following ordinance BINGO GAMES was placed on first FIRST READING; REARING SET reading and set for public hearing for September 20, 1976 at 7:30 P.M. in the City Council Chambers, on Councilman Ward's motion, seconded by Councilman Yamamoto, .~and carried (4:1), with Councilman Bricken dissenting: ORDINANCE NO. NS-1514 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 10-58 THROUGH 10-6S, RELATING TO THE REGULATION OF BINGO GAMES. CA 91.10 ORDINANCE NO. NS-iSIS AMENDMENT APPLICATION ADOPTED 742 seconded by Councilman~Brandt, Councilman Ward's motion to place the following ordinance on second read- ing and adopt was and unanimously carried (5:0): ORDINANCE NO. NS-1315 - AN ORDINANCE OF TRE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. ?42 INITIATED BY THE PLANNING COMMISSION REZONING PROPERTY FROM TRE C1 (COMMUNITY COMMERCIAL) DISTRICT TO THE C4 (PLANNED SHOPPING CENTER) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 27-5-10. CA 10 Councilman 0rtiz arrived at 5:10 P.M. ORDINANCE NO. NS-1516 Council placed the SPECIAL MUNICIPAL ELECTION following ordinance FIRST READING on first reading on motion of Councilman Ward, seconded by Councilman Bricken, and carried (4:2), with Councilman Yamamoto and Vice Mayor Evans dissenting: ORDINANCE NO. NS-1316 - AN ORDINANCE OF THE CITY OF SANTA ANA ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE RELD IN THE SAID CITY ON NOVEMBER 2, 1976, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE SAID CITY CERTAIN PROPOSALS TO AMEND THE CHARTER OF THE SAID CITY. CA 68 ORDINANCE NO. NS-1317 First reading of the COMMERCIAL DOG KENNELS following ordinance CONTINUED was continued to September ?, 1976, and the parties involved (Robert B. Scherrer, Donald E. Reese, Phillip L. Bush, Ysidro Ruvalcava, and George W. Du~n) were asked to try to reach a solution by that date that will accommodate compatible adjacent land use of dog kennels and apartments, on motion of Councilman Bricken, seconded by Councilman Yamamoto, and carried (5:1), with Vice Mayor Evans dissenting: ORDINANCE NO. NS-1S17 - AN INTERIM ORDINANCE OF THE CITY OF SANTA ANA PROHIBITING ERECTION OR EX- PANSION 05 COMMERCIAL DOG KENNELS PENDING CONSID- ERATION OF AMENDMENTS TO THE MUNICIPAL CODE. CA 95 Prior to the motion, the Planning Director referred to his report dated August 11, and the petition received by him on August 9 from the tenants and homeowners of the "Villa McFadden apartments, located at McFadden and Lyon Street, CITY COUNCIL MINUTES 509 AUGUST 16, 1976 objecting to the expansion of the Totemtok-Kennel, 921 S. Lyon Street. The petition had 80 signatures. He stated that Staff was recommending adoption of the emergency interim ordinance to allow Staff to study and prepare ordinance amendments for City Council consideration; that additional expansion of the kennel is legal in the A-1 zone; and that apartment or condominium development would necessitate erec- tion of a 10-foot wall and acoustical treatment between the properties by the developer. The following persons spoke.on the matter: Ysidro Ruvalcava, 941 South Lyon George Dunn, 1001 South Lyon Phillip Bush 20442 Cramer, Huntington Beach Donald Reese, 1600 Normandy Place Robert E. Scherrer, 957 South Lyon Robert E. Dennis, The Alison Co., 2091 San Joaquin Hills Road, Ne~port Beach Mr. Ruvalcava stated that he wanted to~.sell his property, and that Council should make a decision. Messrs. Dunn, Bush, Dennis stated that the noise in the neigh- borhood has increased during the past year or two; that a 10-foot fence will not solve the problem; that the turnover in apartment rentals averages two or three per month due to noise from the kennel; that the kennel property is improperly zoned as A-l; that expansion of the dog kennels should be curtailed because it will create more noise problems for existing and contemplated residential development; that the kennel expansion could allow for up to 170 dogs; and that a moratorium should be imposed to allow for thorough examina- tion of the development of the area. Mr. Scherrer, owner of the kennel, stated that the level of noise at the kennel had increased over the past year because larger dogs are being boarded. He admitted that barking is heard throughout the night, and often commences at 5:45 A.M. He stated that construction of additional rooms on the corner of 957 South Lyon is in process; and that the construction of additional sound proof buildings where the dogs will be kept during the night will reduce the noise; and that he is willing to cooperate with the neighbors. AGENDA ORDER Agenda Item 57 was HIRING MORATORIUM REQUESTS considered next; Council CONTINUED approved recruitment and hiring of Building Inspector, Electrical Inspector, Typist Clerk I for the Building. Safety and Housing Department; and continued con- sideration of the remaining hiring Moratorium Exemption Requests contained in the memo from the City Manager dated August 4, 1976 until the meeting of September ?, on the unanimously approved (6:0) motion of Councilman Evans, seconded by Councilman Brandt. CA 50 MAYOR PRO TEM FOR MEETING Councilman Yamamoto HARRY ~. YAMAMOTO was appointed APPOINTED Mayor Pro Tem to serve as Chairman for the evening portion of the Council meeting, on the unanimously approved (6:0) motion of Councilman Brandt, seconded by Councilman Ward. CA 8O CITY COUNCIL MINUTES 510 AUGUST 16, 1976 RECESS Council recessed for EXECUTIVE sESSION an executive session to-consider personnel matters at 4:45 P.M., and reconvened at S:10 P.M., with all Councilmen present except Mayor Garthe and Vice Mayor Evans. RESOLUTION NO. 76-98 1980 FUNCTIONAL USAGE STUDY ADOPTED resolution, carried unanimously Councilman Bricken's motion, seconded by Councilman Ortiz, to adopt the following CS:O): RESOLUTION NO. 76-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY OF SANTA ANA PORTION OF THE 1980 EUNCTIONAL USAGE STUDY, THE URBANIZED AREA BOUNDARIES OF SAID CITY, AND THE DESIGNATION OE FEDERAL-AID URBAN ROUTES IN SAID CITY. CA 29.9 RESOLUTION NO. 76-99 The following resolu- CRIMINAL ACTIVITIES ANALYST tion was adopted ADOPTED unanimously (S:0), and the Classifica- tion Specification for Criminal Activities Analyst unan- imously approved, on the motion of Councilman Ward, seconded by Councilman Brandt: RESOLUTION NO. 76-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE SANTA ANA AMENDING SECTION $ OE RESOLUTION NO. S8-281 TO ADD THE NEW CLASS TITLE OF CRIMINAL ACTIVITIES ANALYST. CA 50.1 RESOLUTION NO. 76-100 Council adopted the CENTENNIAL REGIONAL PARK following resolution GRANT APPLICATIONS - ADOPTED unanimously (5:0), on the motion of Councilman Bricken, seconded by Councilman Ward: RESOLUTION NO. 76-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF GRANT APPLICATIONS FOR LAND AND WATER CONSERVATION FUND ASSISTANCE FOR CENTENNIAL REGIONAL PARK DEVELOPMENT. CA 52 AGENDA ORDER RESOLUTION NO. 76-101 KWIZ RADIO FOR 50 YEARS OF 38) was adopted earlier in RESOLUTION NO. 76-101, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA HONORING SERVICE TO SANTA ANA (Agenda Item the meeting. SANTA ANA RIVER FLOOD The position of the City of INTERIM PROTECTION MEASURES Costa Mesa to act to CONCURRED WITH DEFERRAL delay the decision for interim protection mea- sures until Congress makes some decision, probably next year, was concurred with on the unanimously approved (5:0) motion of Councilman Bricken, seconded by Councilman Brandt. This action was taken in response to a letter dated July 27, 1976 from Dom Raciti, Mayor of Costa Mesa, requesting Orange County cities to act to defer the decision on interim flood protec- tion measures. CA 531 CITY COUNCIL MINUTES 311 AUGUST 16, 1976 DELEGATE TO ORANGE .COUNTY Victor C. Alleman was HEALTH PLANNING COUNCIL reconfirmed as the City VICTOR C. ALLEM3tN - RECONFIRMED of Santa Aha representa- tive to the Orange County Health Planning Council on the motion of Councilman Ortiz, seconded by Councilman Brandt, and carried (4:1), with Councilman Bricken dissenting. Councilman Ward requested that Council defer appointment of an alternate delegate so that recommendations can be requested for consideration. CA 112.? PETITION - TRAFFIC SIGNAL A letter dated July 7, MC FADDEN & CENTER 1976 from Robert L. REFERRED Hinson, Sr. enclosing a petition of 500 signatures requesting the installation of a traffic signal at McFadden and Center Streets was referred for funding to the public hearing to be held if Revenue Sharing is extended by Congress, en the motion of Councilman Brandt, seconded by Councilman Ward, and carried (5:0)unanimously. CA 18.3 USE OF CITY EMBLEM The-request received COUNTY MANPOWER COMMISSION in a letter dated APPROVED August 12, 1976, from Judith A. Severy, Public Communications Officer of the Orange County Manpower Commission, for us~ of the City's embtem on the cover of its Annual Report, was approved, on the motion of Councilman Brandt, seconded by Councilman Ward, and carried (5:0) unanimously. CA 80.12 PARKING AT MUNICIPAL STADIUM Consideration of a policy REFERRAL ITEM NO. 17-76 concerning parking at CONTINUED the Municipal Stadium presented in a report dated July 15, 1976, prepared by Assistant City Manager Ronald Wolford, was continued to September 7, 1976, on the unanimously approved (5:0) motion of Councilman Brandt, seconded by Councilman Ward. CA 77.5 CA 52.8 GOLDEN CITY AWARDS PROGRAM The request for funding APPROPRIATION ADJUSTMENT #5 for the Golden City CONTINUED Awards Program was con- tinued to September ?, 1976, on the motion of Councilman Bricken, seconded by Council- man Ward, and carried (5:0) unanimously.) CA 65.3 CA 151.1 · LOSSAN CORRIDOR STUDY REPORT PROVISIONS OPPOSED TRAFFIC SAFETY GRANT STUDY Two temporary Public TEMPORARY POSITIONS Works (Traffic Engineer- APPROVED ing Section) positions, funded by the Office of Traffic Safety grant, were authorized to complete a previously approved pedestrian safety study, on the unanimously approved (5:0) motion of Councilman Ward, seconded by Councilman Brandt. CA 50.1 CA 140.28 The Transportation Advisory Committee (TRAC) recommended, and the City Council acted, to vigorously oppose specifically those provisions of the draft LOSSAN Corridor Report which suggest that a proposed new rail station be built between Santa Aha and Fullerton stations which would become a regular AMTRAK stop, and as CITY COUNCIL MINUTES 312 AUGUST 16, 1976 such would become a substitute for the Santa Ana station on certain runs, on the unanimously approved (5:0) motion of Councilman Ward, seconded by Councilman Bricken. A written report on the matter by Traffic Engineer Joe Foust, dated August 10, 1976, was providad to Council. CA 84.6 CA 29.10 WATER RATE STUDY 1976-77 The Water Rate Study RECEIVED - HEARING SET dated August 12, 1976 prepared by Senior Civil Engineer Walter Shraub was received, and a public hearing was set for September 7, 1976, at 7:50 P.M., on the motion of Councilman Ward, seconded by Councilman Bricken, and carried (5:0) unanimously. CA 12.2 ORAL COMMUNICATION - SCAG Traffic Engineer Joe TRANSPORTATION & UTILITIES Foust was appointed ALTERNATE - JOE FOUST APPOINTED as the alternate repre- sentative for Councilman Brandt to the Southern California Association of Governments Transportation and Utilities Committee, on the unanimously approved (S:0) motion of Councilman Bricken, seconded by Coun- cilman Ortiz. CA 141 ORAL COMMUNICATION Staff was requested to INTER-COUNTY AIRPORT AUTHORITY investigate the STAFF REPORT REQUESTED legality of appointing three staff members alternate representatives for the ICAA meetings to represent Mayor Garthe and Councilmen Brandt and Ortiz in their absence, and to report to Council on September 7, on the unanimously approved (5:0) motion of Councilman Ward, seconded by Councilman Brandt. CA 98.2 ORAL COMMUNICATION TAXATION ~ REVENUE COMMISSION Taxation and Revenue Commission basis. Councilman Bricken sug- gested that some thought might be given to the creation of a permanent to advise Council on an ongoing CA 80.9 ORAL COMMUNICATION Public Information Offi- GOLDEN CITY AWARDS PROGRAM cer Frank Blaszcak advised Council that to delay the mailing of the letters concerning the Golden City Awards Program would jeopardize the program for this year. (Earlier Council had continued appropriation of funds for the Program to the meet- ing of September 7, 1976.) ~ CA 151.1 RECESS At 5:52 P.M. the meeting was adjourned for din- ner at the Saddleback Inn;the Council was joined for dinner by Bill Morgan, Man in Washington; the meeting reconvened at 7:35 P.M. with the same Council members present. CITY COUNCIL MINUTES 515 AUGUST 16, 1976 INVOCATION PLEDGE OF ALLEGIANCE Tom Cisar of the Salvation Army. Following the Pledge of Allegiance to the Flag, the Invocation was given by Major CA 80.17 PUBLIC HEARING - BRISTOL STREET Mayor Pro Tem Yamamoto WIDENING - CANCELLED stated that ~this was TRAFFIC PROGRAM - REQUESTED the time and place for the public hearing of the widening of Bristol Street from First Street to the Garden Grove Freeway, a project which has been budgeted. Public Works Director John Stevens reported that on Decem- ber 15, 1975 Council approved notification of the Board of Supervisors that in 1976-77 the City intended to widen Bristol Street; that meetings were held on July 10 and July 19 with the residents along Bristol Street to discuss the widening project; that Bristol Street is a major north-south arterial street; that four different alignments have been~rmulated for consideration; that the projections indicate ~hat Bristol has reached its capacity as a four lane street; and that there is no better time to proceed with the widening. With the aid of engineer's drawings, he described the four different alignments staff has been studying. In the Director's written report dated August 12, 1976 he stated that the Planning Commission and the Traffic Advisory Committee had taken offi- cial action to support the General Plan Arterial Highway Program, which includes the widening of Bristol Street. The Clerk of the Council reported that there were no written communications other than those in the Council packets. J:erry Stanley, 1725-27 North Bristol, the only speaker in favor of the Bristol Street widening, stated that the widening of Bristol Street is inevitable; that it will never be cheaper, and that it is incumbent on the Council to provide an orderly flow of traffic for the majority of people. Those speakers in opposition to the Bristol Street widening were: Betty Ulibarri, 712 North Bristol Dotty Pettinger, 2408 North Bristol Mrs. Ulibarri stated that she had not received information concerning the widening until 5:$0 P.M. Friday afternoon (August 13); that she had received no written material that would assist her to understand the proposals; and that she has not had any explanation of the project. Mrs. Pettinger summarized the arguments in opposition to the widening by stating that the residents had not seen an increase in traffic resulting from the opening of the Orange Freeway; that widening of the street might encourage more traffic; that they would prefer the cul de sacing of some of the side streets entering Bristol Street; that they would prefer the widening of the Santiago Creek Bridge; and that they would favor using the money for the Broadway overcrossing. She filed a petition with 240 signatures opposing the widening, and there were approximately 125 people in the audience who stood in opposition to the widening project. Mr. Stanley responded to the rebuttal invitation, and stated that Council should consider the total population and how Council's decision would affect them, that when the street is widened, the people will realize it is an improvement for CITY COUNCIL MINUTES 514 AUGUST 16, 1976 the benefit of all, and they will not be as adversely affected as they had thought; that the project has had many studies; and that it is up to Council to act on the information and make the decision for the future of the whole community, rather than succumb to the wishes of a few. There were no further speakers; Mayor Pro Tem Yamamoto closed the public hearing. Councilmen indicated agreement that Bristol Street would even- tually need to be widened in response tO the inevitable in- crease in traffic; that at this time consideration is being given to a situation of possibly higher priority~ the need for a Broadway overpass; and that street widenings can be accomplished by negotiating with each property owner to mitigate the damage to his property. Staff was instructed to cancel the presently budgeted Bristol Street widening project and return to Council a program for traffic management along the sections of the street that are affected by the widening project, on the motion of Councilman Bricken, seconded by Councilman Ward, and unanimously (5:0) carried. CA 29.8 RECESS meeting was reconvened with the At 8:30 P.M. Mayor Pro Tem Yamamoto declared a recess; at 8:42 P.M. the same Council members present. PUBLIC HEARING - AppEAL #366 Mayor Pro Tem Yamamoto DENIAL OF VA 76-35 announced that this was APPEAL GRANTED the time and place for the public hearing of the Negative Declaration and Appeal No. 566, filed by Mrs. Phyllis Wheeler, 802 French Street, of the Planning Commission denial of Variance Application 76-55 to use the old Victorian home at 802 North French Street as a law office in the R 5H HD II District. Associate Planner John Richards stated that a public hearing was held before the Planning Commission on June 28, 1976, and that the Variance had been denied because the General Plan indicates high density residential zoning for the area, and the proposal would be a further intrusion into the residential area. Diane Tasch, 1426 East 18th Street, announced that she was the owner of the property at 802 North French; that the home there is 87 years old and that they (she and her husband) wish to restore and maintain it; and that they hope to restore and preserve it for posterity; that the variance will allow them to do this with private funds. Mrs. Tasch, responding to Councilman Yamamoto's question, stated that there would be four offices upstairs and one downstairs; that it had been owned by the Crookshank family; and that it was built in 1889. On the unanimously approved (5:0) motion of Councilman Brandt, seconded by Councilman Bricken, the Negative Declaration was approved and filed, Appeal No. 566 was granted with a 12-month review, and the City Attorney was directed to prepare the implementing resolution. CA 13.5 CITY COUNCIL MINUTES 515 AUGUST 16, 1976 PUBLIC HEARING VACATION OF MARTHA LANE RESOLUTION 76-102 - ADOPTED the Negative Declaration and the west of Pacific Avenue. blayor Pro Tem Yamamoto declared that this was the time and place for the public hearing of vacation of Martha Lane Public Works Director John Stevens stated that Santa Ana College submitted an Environmental Impact Report and requested a conditional use permit to expand their parking area which had been approved by the City Council; and that the street is no longer needed for public street or bike lane purposes and should be allowed to revert back to the adjacent proper- ties for incorporation into the College campus. There was no response to the Mayor Pro Tem's call for comments on the subject; the public hearing was closed. The Negative Declaration was approved and filed, and the following resolution was adopted on the unanimously carried (S:O) motion of Councilman Brandt, seconded by Councilman Ortiz: RESOLUTION NO. 76-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING MARTHA LANE WEST OF PACIFIC AVENUE IN THE CITY OF SANTA ANA. CA 14 PUBLIC HEARING Mayor Pro Tem Yamamoto APPEAL #567 - CUP 76-16 announcea that this APPEAL GRANTED was the public hearing of the Negative Declara- tion and Appeal No. 367 of a condition imposed by the Planning Commission with the approval of Conditional Use Permit 76-16, to install 372 additional parking stalls for the Calvary Chapel of Costa Mesa at 5800 South Fairview, in the M1 District. CUP 76-16 will permit the expansion of Calvary Chapel of Costa Mesa Church church school-and related buildings. The Appeal was filed by Calvary Chapel of Costa Mesa, 5800 South Fair- view, Santa Ana. Associate Planner John Richards stated that at the public hear- ing held by the Planning Commission~ a gentleman pointed out the parking problem in the area; and that the Planning Commis- sion added as a condition of approval that 572 additional parking spaces be provided at this time, to achieve ultimate parking. Mr. Hugh Foreman, 2530 North Grand, speaking for the appellant, stated that the Church is already providing more spaces than are required by the Municipal Code, and that the addition of 372 spaces is unreasonable and a financial burden for the Church at this time; that they will provide the additional spaces when they add a sanctuary; and that they will be will- ing to grass the area they have purchased recently to accom- modate overflow parking. Mr. Jay Maddox, 3702 Marine, stated that he lives north of the Church in a development of 99 four-plex units with 596 families; that persons attending the Church park on these residential streets because it is closer than off-street parking; that this parking problem has existed for three years, and the area has become so congested with parked cars four or five nights out of the week that residents cannot have guests or find on- street parking for their own cars and pedestrian crossing is unsafe; and that he hoped that Calvary Chapel would advise its congregation not to park in the residential neighborhood. CITY COUNCIL MINUTES 316 AUGUST 16, 1976 The Negative Declaration was approved and filed; Appeal No. 367 was granted with the provisions that the additional land recently purchased will be landscaped and that there be a 12-month review; and the City Attorney was directed to pre- pare the implementing resolution, on the motion of Council- man Brandt, seconded by Councilman Ward, and carried (5:0) unanimously. Councilman Brandt suggested, and Councilman Ward concurred, that Staff consider the feasibility of designating both the east and west sides of Fairview between the intersections of fairview and MacArthur and Fairview and Sunflower to be no parking, and the feasibility of posting no pedestrian cross- ing signs at the intersection of Aurora and Fairview. CA 15.4 PUBLIC HEARING - APPEAL NO. 368 Mayor Pro Tem Yamamoto YA 76-38 CLASSIC DEVELOPMENT announced that this APPEAL DENIED ~ was the time and place for the public hearing of the Negative Declaration and Appeal No. 368, filed by Classic Development Corporation, 12700 Knott Avenue, Garden Grove, of Variance Application No. 76-58, to continue for one year a residential tract sales office at 5006 South Thorn- ton Street in the Ri District, denied by the Planning Commis- sion. Associate Planner John Richards stated that the tract sales office at the subject location was established January of 1975; that such offices are allowed in residential areas for only one year; that the appellant has asked for a one year extension; that four neighbors gestified at the Planning Commission.public hearing in opposition to the extension and complained about the traffic congestion which caused incon- venience and delays in mail delivery. Councilman Bricken stated that his employer is doing work for the appellant which may constitute a conflict of interest if he .were to vote on this Appeal; he left the Council Chambers. Mr. James Chaffin, Director of Marketing for Classic Homes, stated that his company now has eight homes still unsold, plus the four models; that it will take 90 days to close them out; and that appellant has modified his application request to 120 days within which to move out. Those speaking in opposition,to the Appeal were: James Kirk, 3025 South Thornton John Packard, 910 South Thornton Mary Doyle, 1714 West Gary Avenue Jim Forsythe, 5078 South Thornton Sherry Lacy, 501 ~South Thornton Janet Packard, 5010 South Thornton The opponents stated that this sales office had been used to sell homes from three tracts; that of the 15 peopi~ living on the cul-de-sac, 14 expressed opposition to the~continuance of the sales office; that there is no provision for sales office parking except on the street; that the residents have rural curbside mailboxes and that the crowded parking situa- tion inhibits mail delivery and creates traffic hazards; and that they favor the immediate close of the office. There were no further speakers, and the public hearing was closed. CITY COUNCIL MINUTES 517 AUGUST 16, 1976 Prior to the following motions, Councilman Brandt asked for a recess to determine whether some negotiations between the Appellant and the residents could result in some settlement of the complaints. RECESS At 10:07 P.M. Mayor Pro Tem Yamamoto declared a recess; the meeting was reconvened at 10:20 P.M., and Mr. Chaffin announced that no agreement had been reached. Ail Council members were present for the continuation of the foregoing public hearing following the recess except Mayor Garthe, Vice Mayor Evans, and Councilman Bricken. PUBLIC HEARING (Continued) The Negative Deelara- APPEAL NO. 368 - VA 76-58 tion was approved and CLASSIC DEVELOPMENT - DENIED filed; Appeal No. 368 was denied; and the City Attorney was directed to prepare the implementing resolution, on the unanimously carried (4:0) motion of Councilman Brandt, seconded by Councilman Ortiz. Subsequent to this motion, an amendment to extend the Variance for 90 days was moved by Councilman Ortiz, seconded by Mayor Pro Tem Yamamoto, but later withdrawn with the consent of the second after the recess. CA 13.3 PUBLIC HEARING After the announcement by APPEAL NO. 369 - VA 76-32 the Clerk of the Council, CONTINUED Florence I. Malone, that a letter had been received from the Appellant's representative requesting a continuance of Appeal No. 369, filed by Jo Anne Elz, 850 South Main Street, of Planning Commission denial of Variance Application 76-52 to allow auto repair work in the open at 628-650 South Main Street, the matter was continued to September 7, 1976, at 7:50 P.M., on the unanimously approved (4:0) motion of Councilman Ortiz, seconded by Councilman Brandt. CA Councilman Bricken rejoined the Council meeting at 10:$0 P.M, CONDEMNATION HEARING - 17TH ST. Prior tO the discussion A.P. 596-221-38 1701 N. LINWOOD of this matter, CONTINUED the property owner of 1701 North Linwood, north side of Seventeenth Street between Santiago and Wright Streets, was asked if he cared to return to the next Council meeting when more Councilmen would be present. Mr. Kam Yee~ owner of the property, stated that he has a busy schedule, and would prefer to give his testimony in the hearing at this time. Thereupon, Mayor Pro Tem Yamamoto announced that this was the time and place'for the hearing of the condemnation of property owned by Mr. Kam Yee located on the north side of Seventeenth Street between Santiago and Wright Streets, one parcel only. Public Works Director John Stevens stated that the subject property is necessary to accommodate the proposed widening of Seventeenth Street between Santiago and Wright Streets, which is a presently budgeted project; that it is proposed to take twelve feet of the Yee property at the corner of Seventeenth and Linwood for street purposes; that Seventeenth CITY COUNCIL MINUTES 518 AUGUST 16, 1976 Street is a major arterial in the City of Santa Ana, and is so classified by Orange County; that the entire cross-town length of Seventeenth Street is scheduled for widening; that this is the only section east of Grand that has not been widened to six lanes; that six lanes are needed to accommodate the traffic; that there is little flexibility regarding the alignment as it has been previously established and there is no logical or feasible alternate; and that the City has negotiated agreements with all the other property owners in this section. Mr. Kam Yee stated that Seventeenth Street is four lanes under the Santa Ana Freeway; that he doesn't think Seventeenth Street traffic is that heavy; that the widening is not needed for five or six years from now; that Santa Clara is an alternate route that is lightly traveled; that he has not come to an agreement with the City because he feels it is difficult to live fifteen feet from heavy traffic and a traf- fic signal; and that the noise and fumes from traffic are bothersome to his elderly mother who occupies the home. Mr. Yee further stated that if the street is widened he would like to have a wall constructed separating his property from the street to minimize the dust, vibration, noise and fumes, and some air conditioning installed in the home so that the windows may be kept closed; and that he was satisfied with the payment offered by the City. On the motion of Councilman Brandt, seconded by Councilman Ward, and carried (S:0) unanimously, Staff was directed to inform absent Councilmen to listen to the tape recording of this hearing, certify thereto, and be instructed to be prepared to vote on the matter; and the hearing was continued to September 7, 1976 at 7:30 P.M. CA 71 ORAL COMMUNICATION Mr. Robert Hinson, TRAFFIC SIGNAL 2510 Monte Vista, MC PADDEN ~ CENTER appeared to ask that Council set a higher priority for the installation of the traffic signal at McFadden and Center Streets; and that if it was necessary he would ask his neighbors to come to a Council meeting to emphasize their interest in this installation. (Refer to previous Minutes entry on the same subject, Page 512.) ORAL COMMUNICATION Public Works Director INTER-COUNTY AIRPORT AUTHORITY John Stevens and ALTERNATES APPOINTED Assistant City Manager Ronald Wolford were appointed as alternate representatives of the City of Santa Aha to the Inter-County Airport Authority in the absence of Councilman Brandt or Councilman Ortiz, on the motion of Councilman Brandt, seconded by Councilman Bricken, and car- ried (5:0) unanimously. CA 98.2 CA 80.1 ORAL COMMUNICATION Councilman Bricken BRISTOL STREET WIDENING stated that he felt that the citizens who appeared before Council this evening relative to the Bristol Street widening project were not well informed regarding the alternatives for mitiga- tion of their damages due to the proposed street widening. Councilman Ward added that he did not think that the residents knew about some of the alternative plans until during the last two weeks or at the most a month. CA 29.8 CITY COUNCIL MINUTES 519 AUGUST 16, 1976 ADJOURNMENT of Councilman Brandt, At 11:10 P.M. the meeting was adjourned on the unanimously approved (5:0) motion seconded by Councilman Ward. FLORENCE I. h~ONg P~RENCE I. M~LONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 320 AUGUST 16, 1976