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HomeMy WebLinkAbout10-04-1976MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 4, 1976 The meeting was called to order in the City Council Chambers, 22 Civic Center Plaza, by Mayor John Garthe-at 2:00 P.M. The following members of Council 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 the following Staff members: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Director of Public Works John E. Stevens, Senior Planner William Daugherty, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE man David L. Brandt. Following the Pledge of Allegiance to the Flag,-the Invocation was given by Council- SPECIAL ANNOUNCEMENT Mr. Ed Just, Orange OMNIBUS PUBLIC WORKS BILL County Flood Control SANTA ANA FLOOD PLAN District, announced that it was a Red Let- ter Day, and the Council, among others, were to be congrat~ ulated for their vigorous support of the Public Works Omnibus Bill which includes the Santa Ana River Plan for flood con- trol. Mr. Just estimated that the early passage of this Bill will probably save approximately 75 million-dollars annually. He stated that the appropriation would have to go back to Congress, but it is estimated that the.work on the project will begin next October, and construction will be authorized two years from now; and that a special vote of thanks should go to Congressman Patterson and Senator Cranston and all the people who went to Washington to support the Bill. On the unanimously approved (7:0) motion of Councilman Ward, seconded by Councilman Yamamoto~ the Mayor was authorized to send a letter of thanks to Senator Cranstonrand Congressman Patterson for support of the Bill. CA 57.1 CA 99 CA 55 CONSENT CALENDAR Items 2 D and 2 E were ITEMS REMOVED ~ removed from the Consent DISSENTING VOTES Calendar at the request of Councilman Ward. The following dissenting votes were registered: Councilman Yamamoto, Item S F; Councilman Evans, 5 D, 5 F, and 5 G; and Councilman Ward, Items 5 B and CONSENT CALENDAR On the unanimously STAFF RECOMmeNDATIONS approved (7:0) motion ~PPROVED of Councilman Evans, seconded by Councilman Brandt, Council approved the staff recommendations on the following Consent Calendar Items: MINUTES Approved the Minutes of the Regular Meet- ing of September 20, 1976. CITY COUNCIL MINUTES 371 OCTOBER 4, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID CALLS for bids on the following: Approved plans and specifications, and authorized advertisement SPEC 76-033 cable. S000 feet of fire alarm SPEC 76-034 - One cab and chassis for Recreation ~ Parks Department. SPEC 76-055 - One underground piercing tool. SPEC 76-041 - Three trailer mounted air compressors. SPEC 76-042 - Twenty-six recording and five transcribing machines for the Police Department. PROJECT 8074B - Construct patio cover, trash enclosure and sidewalks for the Santa Ana Senior Citizens Center. BID AWARD responsive bidder: Awarded the following on basis of lowest responsible and SPEC 76-026 - Three low band mobile radios; awarded to General Electric Company, Encino, in the amount of $5,940.02. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: CROUSE, Milford P. - 4522 W. First Street - Person to Person Transfer - Type "47" On Sale General (Bona Fide Public Eating Place). JOHNSON, William Arnold 2333 Tustin Avenue, Suite N - Original - Type "41" On Sale Beer ~ Wine (Bona Fide Public Eating Place). PROTEST Planning - Minor Exception Required. THE JOLLY ROGER, INC. 33 Fashion Square - Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). NEGATIVE DECLARATIONS Approved and filed VARIANCES - CUP the Negative Declara- tions and Planning Commission Findings of Fact on the following: VA 76-47 - Filed by Ephraim Beard to allow light manufacturing, warehousing and open storage at 1420 W. Fifth Street in the C1 District. APPROVED. CA 89 CA 89 CA 146 CA 146.1 CA 146 CA 13 CITY COUNCIL MINUTES 372 OCTOBER 4, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued VA 76-49 - Filed by Irvine Host Motor Hotel Co. to.allow a beauty salon in the motor hotel, one 3' x 3' wall sign for the beauty salon, and that the 6' wide x 7' high additional sign be placed below the existing freeway oriented pole sign or at an approved location elsewhere on the site, at 1717 East Dyer Road in the LM District. APPROVED. Councilman Ward registered a NO vote. (Agenda Item 5 B) VA 76-50 - Filed by Parkcenter Corp. to allow professional buildings and parking at 1700 E. Parkcourt Place in the R1 District. APPROVED. VA 76-52 - Filed by William Lyon Co. to allow an extension for a residential tract sales office at 2210 West Chandler in the R1 District. APPROVED. Councilman Evans registered a NO vote. (Agenda Item 5 D) - CUP 76-17 - Filed by James C. Ruane to allow a vehicle impound storage yard at 1001 N. Logan in the M2 District. APPROVED. Councilman Ward registered a NO vote. (Agenda Item 5 E) DETERMINATIONS OF EXEMP- Approved and filed TION & MINOR EXCEPTIONS the Determinations of Exemption and Planning Commission Findings of Fact on the follow- ing: EX 76-21 - Filed by James L. Nicholas to allow on-sale beer and wine in an existing restaurant located within 300 feet of residences at 2231-K West Fifth Street in the C2 and R2 Districts. APPROVED. Councilmen Yamamoto and Evans registered NO votes. (Agenda Item 5 F) EX 76-23 = Filed by Allan Fainbarg to allow on-sale beer and wine in a proposed restaurant located within 300 feet of residences at 2333 N. Tustin Avenue, Suite N, in the C5 District. APPROVED. Councilman Evans registered a NO vote. (Agenda Item 5 G) NEGATIVE DECLARATIONS & Approved and filed TENTATIVE TRACT MAPS the Negative Declara~ tions and approved the following maps subject to conditions contained in Planning Director's Reports: MAP NO. 9519 - Filed on September 1~ 1976 by Grace Alberts creating 58 Ri and R2 lots; all proposed parcels to be used for single family residences; generally located 330 feet west of the centerline of Grand Avenue north of the Santa Ana Freeway. CA 15 CA 13 CA 13 CA 13.1 CA 13.2 CA 13.2 CITY COUNCIL MINUTES 373 OCTOBER 4, 1976 CONSENT CALENDAR STAEE RECOMMENDATIONS APPROVED - Continued MAP NO. 9523 - Filed on September-l, 1976 by Ralph J. Cover and Wesley B. Russell creating five RI lots; all proposed par- cels to be used for residential purposes; generally located at the southeast corner of Euclid and Progresso Streets. MAP NO. 9536 - Filed on September 2, 1976 by Dr. H. Von Packard and Floyd Packard creating five C2 lots; all proposed par- cels to be used for residential and com- mercial purposes; generally located on the south side of Westminster Avenue, east of proposed Huron Drive. CA 24 FINAL PARCEL MAP thereon, on the following: Approved the final map-and-accepted the dedications MAP NO. 967 - Southeast corner of Warner Avenue and Susan Street - 8 lots. CA 25.2 REQUEST FOR LEAVE TO TO PRESENT LATE CLAIM Denied-the following request for leave to present late claim: COADY, William J. - Property damage of $253.60 arising from Police activity on May 14, 1976. CA 65.7 LIABILITY CLAIMS to September 28, 1976, Referred Claims received from September 15, 1976 to administration. CA 65.7 COUNCIL REFERRAL Staff by Council. SUMMARY Received and filed status report of matters referred to CA 80.2 PROCLAMATIONS Mayor from September 15, 1976 to Received and filed report of proclama- tions issued by the September 28, 1976. CA 46 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * BID CALL SPEC 76-059 Councilman Brandt's VEHICLES FOR POLICE DEPT. motion, seconded by APPROVED Councilman Evans, to approve plans and specifications and authorize advertisement for bids on the following, carried (4:5), with Councilmen Ward, Ortiz and Bricken dissenting: SPEC 76-039 - Two sub-compact-'vehicles for Police Department. CA 89 CITY COUNCIL MINUTES 374 OCTOBER 4, 1976 BID CALL SPEC 76-040 On the motion by VEHICLES FOR POLICE DEPT. & Councilman Brandt, CITY MANAGER - APPROVED seconded by Councilman Evans, and carried (4:5), with Councilmen Ward, Ortiz and Bricken dissenting, Council approved plans and specifications and authorized advertisement for bids on the following: SPEC door ment, 76-040 - Eighteen full-size four sedans; 17 for the Police Depart- and one for City Manager. CA 89 BID CALL SPEC 76-043;.A.A. #37 On the unanimously EMERGENCY REPAIR - FIRE ENGINE approved motion of APPROVED Councilman Yamamoto, seconded, by Council- man Evans, Council approved plans and specifications for the following, authorized suspension of normal bid proce- dures on an emergency basis, and approved Appropriation Adjustment No. 37 to transfer $10,000 from CoUncil Contin- gency Fund to Fire Building and Maintenance Fund (7:0): SPEC 76-043 - Emergency Repair of Fire Engine #9. CA 89 CA 65.3 READING WAIVED On the unanimously apprbved (7:0) motion of Councilman Evans, seconded by Council- man Ward, 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. ORDINANCE NO. NS-1322 Councilman Evans AMENDMENT-APPLICATION 743 abstained from voting ADOPTED on the-following ordinance because he had not been present for the public hearing, and the ordinance was placed on second reading and adopted unanimously (6:0), on the motion of Councilman Ward, seconded by Councilman Brandt: ORDINANCE NO. NS-1322 AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 743 FILED BY THE SANTA ANA UNIFIED SCHOOL DISTRICT REZONING PROPERTY FROM THE 0 (OPEN SPACE) DISTRICT TO THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 26-5-10. CA 10 AGENDA ORDER Ray Villa, 2106 North ORAL COMMUNICATION - RAY VILLA Bristol, informed TITLE 10 FUNDS Council that $7S0,000 is available under EDA Funds to be matched in kind, to constrBct a training {acilit~; ihat he had held a meeting with representatives of the various groups performing training in the City of Santa Ana; that those attending, including Keith Blunt, City Manpower Coordinator, appeared to be interested in the project; that he would like to pursue the project if the Council is interested. CA 140.9 CITY COUNCIL MINUTES 375 OCTOBER 4, 1976 ORDINANCE NO. NS-1323 Councilman Brandt's AMENDMENT APPLICATION 746 motion to place the ADOPTED following ordinance on second reading and adopt, was seconded by Councilman Ward, and carried (6:0), with Councilman Evans abstaining because he had not been present for the public hearing: ORDINANCE NO. NS-1323 -AN ORDINANCE OE-THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. ?46 INITIATED BYTHE PLANNING COMMISSION REZONING PROPERTY FROM THE 0 (OPEN SPACE) DISTRICT TO THE Ri (SINGLE EAMILY RESIDENCE) DISTRICT, AND AMEND- ING SECTIONAL DISTRICT MAP 26-S-10. CA 10 ORDINANCE NO. NS-1324 NUMBER OF DOGS FIRST READING seconded by Councilman Evans, The following ordinance was placed on first reading on the motion of Councilman Ward, and unanimously carried (7:0): ORDINANCE NO. NS-1324 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION S-S0-OF THE SANTA ANA MUNICIPAL CODE, RELATING TO LIMITATIONS ON THE NUMBER OF DOGS. CA 95 ORDINANCE NO. NS-1325 Council adopted the PUBLIC NUISANCE following ordinance as EMERGENCY - ADOPTED; FIRST READING an Emergency Ordinance, and placed it on first reading as a regular ordinance, on the unanimously carried (?:0) motion of Councilman Yamamoto, seconded by Councilman Bricken: ORDINANCE NO. NS-1325 - AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 12-101 THROUGH 12-105 OF THE SANTA ANA MUNICIPAL CODE DECLARING THE COMMERCIAL EXPLOITATION OF PATENTLY OFFENSIVE SEXUAL CONDUCT IN LEWD FILMS AND THEA- TERS EXHIBITING THE SAME TO BE A PUBLIC NUISANCE AND ORDERING THEIR ABATEMENT. CA 149 ORDINANCE NO. NS-1326 The following ordinance BINGO G~S LICENSES was placed on first FIRST READING reading on the motion of Councilman Ortiz, seconded by Councilman Bricken, and carried (6:1), with Councilman Brans dAssenting: ORDINANCE NO. NS-1326 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 10-60.4 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO BINGO GAME LICENSES. (RES. 76-126, Minutes Page 378) CA 91.10 RESOLUTION NO. 76-120 The following resolu- MANPOWER ASSISTANT tion was adopted (5:2), ADOPTED on the motion of Councilman Ward, seconded by Mayor Garthe, with Councilmen Evans and Bricken dissentin~ and the classification specification was approved: RESOLUTION NO. 76-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OP RESOLUTION NUMBER 58-281, AS AMENDED, ADDING THE NEW CLASS OF MANPOWER ASSISTANT. CA $0.1 CITY COUNCIL MINUTES 376 OCTOBER 4, 1976 RESOLUTION NO. 76-121 -The Classification HOUSING REPRESENTATIVE Specification for ADOPTED Housing Representative was approved, and the following resolution was adopted, on the motion of Councilman Ward, seconded by Mayor Garthe, and carried (5:2), with Councilmen Evans and Bricken dissenting: RESOLUTION NO. 76-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION' NUMBER S8-281, AS AMENDED, ADDING THE NEW CLASS OF HOUSING REPRESENTATIVE. CA S0.1 RESOLUTION NO. 76-122 INTERNATIONAL EXPOSITION - ONTARIO REFERRED Evans, the following resolution was information regarding funding: On the unanimously approved (7:0) motion of Gouncilman Yamamoto, seconded by Councilman referred to Staff for RESOLUTION NO. 76-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA~ANA, rCALIFORNIA, ENDORSING AND SUPPORTING AN INTERNATIONAL EXPOSI- TION IN 1981 TO BB HELD.AT ONTARIO MOTOR SPEEDWAY, TO BE KNO~q AS EXPO 81. CA 151 RESOLUTION NO. CERTIFICATES OF ADOPTED 76-12S COMPLIANCE Evans, seconded by Councilman Ward: The following resolu- tion was unanimously adopted (7:0) on the motion of Councilman RESOLUTION NO. %6-125 - A RESOLUTION OE THE CITY COUNCIL OF THE CITY OE SANTA ANA AUTHORIZING ANR DIRECTING THE CITY ENGINEER TO ISSUE CERTIFICATES OE COMPLIANCE FOR DIVISIONS OF LAND ON PARCEL DESCRIBED ON ORANGE COUNTY ASSESSMENT ROLL FOR FISCAL YEAR 1976-?? AS PARCEL NOS. 140-061-S9, 140-061-60, 140-061-61, 140-061-62, AND 140-061-20. CA 2S.3 RESOLUTION NO. 76-124 ASSESSMENT DISTRICT 240 ADOPTED Council adopted the following resolution on the unanimously carried (7:0) motion of Councilman Evans, seconded by Councilman Brandt: RESOLUTION NO. 76-124 - A RESOLUTION OE THE CITY COUNCIL OE THE CITY OF SANTA ANA DIRECTING THE CITY CLERK OF SAID CITY TO POST AND PUBLISH THE NOTICE INVITING BIDS FOR PUBLIC IMPROVEMENT CON- STRUCTION WORK AND DECLARING THAT THE PROPOSALS ARE TO BE OPENED AT A PUBLIC MEETING AND REPORTED TO THE LEGISLATIVE BODY AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL AND APPROVING CONDI- TIONS OF BID - ASSESSMENT DISTRICT NO. 240 (SILVER ACRES). CA 9O RESOLUTION NO. 76-125 The following resolu- VACATION - N. OF 17TH BETWEEN tion was continued to MAIN ~ BUSH - CONTINUED October 267 1976, on the unanimously approved (7:0) motion of Councilman Ward, seconded by Councilman Brandt: CITY COUNCIL MINUTES 377 OCTOBER 4, 1976 RESOLUTION NO. 76-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A MAP AND DECLARING ITS INTENTION TO VACATE A PORTION OF THE ALLEY IN BLOCK B OF THE WILEYtS ADDITION TO THE TOWN OF SANTA ANA, LYING NORTH OF SEVENTEENTH STREET, EAST OF MAIN STREET AND WEST OF BUSH STREET IN THE CITY OF SANTA ANA, CALIFORNIA; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE; DESCRIBING THE PORTION OF SA~D ALL-BY TO BE VACATED; SETTING A PUBLIC HEARING THEREON; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED. CA 14 The foregoing resolution was recommended by the Planning Commission on September 13, 1976. RESOLUTION NO. 76-126 BINGO GAME LICENSES ADOPTED of Councilman Brandt, Council adopted the following resolution (6:1), ~ith,Co~cilman :Evans dissenting,i on motion seconded by Councilman Ward: RESOLUTION NO. 76-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A LICENSE FEB FOR BINGO GAMES. (NS-1326, Minutes Page 3?6) CA 91.10 L~CAL PARAMEDIC PROGRAMS The-City Attorney was RESOLUTION IN SUPPORT directed to prepare a resolution urging the California State Legislature to enact legislation authorizing local paramedic programs on a permanent basis, as suggested by the City of Garden Grove in its Resolution No.. S159-96 received Septem- ber 24, 1976, on the motion of Councilman Brandt, seconded by Councilman Ward and carried 7:0 unanimously. CA S7 WAIVER OF FEE FOR SHOWMOBILE The request of the CARNIVAb/FESTIVAL, OCT. -29,-30 & 31 - Nmtional Association APPROVED for the Advancement of Colored People to use the City's showmobile for their Orange County Carnival/ Festival October 29, 30, and 51, 1976, at First and Jackson in the parking lot at the old ABC Market with the fee waived, was approved on the motion of Councilman Evans, seconded by Councilman Bricken and carried (6:0) unanimously with Councilman Ortiz abstaining. Councilman Ortiz stated that he may have a conflict of interest because he has control of the property to be used for the Carnival. CA 52.1 WIDENING OF FLOWER STREET A letter from Richard ACqUISITIOnS APPROVED L. Riemer, 904 North Flower Street, dated · September 22, 1976, requesting that the City proceed with the-acquisition of a portion of his property for street widening purposes, prompted the Staff recommendation to authorize Staff to proceed with negotiations for acquisition of all properties within the project area with the understanding that the Staff is to pre- pare schematic designs for aesthetic enhancement of parkway areas in coordination with residents of the area. The recommendation was approved on the motion of Councilman Evans, seconded by Councilman Brandt, and carried 5:2 with Council- men Ward and Bricken dissenting. CA 29.8 CITY COUNCIL MINUTES 378 OCTOBER 4, 1976 ORANGE COUNTY FAIR HOUSING The letter dated COUNCIL - FUNDING REQUEST September 15, 1976 CONTINUED from Leon Peters, Executive Director of the Orange County Fair Housing Council, requesting that the ~ity of Santa Aha fund 20% of their budget, or $14,000 was continued to November 1, 1976 on the motion of Council- man Ward, seconded by Councilman Evans, and carried 7:0 unanimously. The discussion of the request produced ques- tions about the operation and budget of the Orange County Fair Housing Council that were unanswered by the material provided by them with their request. The continuance was moved to allow them to appear before Council or to provide the requested in£ormation. CAll2.1S WEST BRANCH LIBRARY SITE PLANNING COMMISSION APPROVAL FILED; PUBLIC HEARING FOR l~E SHARING FUNDS SET FOR NOVEMBER 1S~ 1976 The letter dated September 28, 1976 conveying the unanimous approval by the Planning Commission of the acquisi- tion of the library site as proposed in Alternate "A" approved by the City Council on .September 20, 1976, was received and filed, and a public hearing of the proposed use of Federal Revenue Sharing Funds was set for November 1S, 1976, on the motion of Councilman Ward, seconded by Councilman Evans, and carried 7:0 unanimously. A previous motion made by Councilman Evans, seconded by Councilman Ward, to receive and file the report of the Planning Commission was withdrawn. CA $6 CA l12A CONDEMNATION OF PROPERTY On the recommendation NORTH SIDE OF 17TH ST. BETWEEN of the City Attorney, SANTIAGO ~ WRIGHT STREETS Keith Gow, who reported (1701 N. LINWOOD) ONE PARCEL that an agreement with CONTINUED the property owner had not yet been executed, this matter was continued to October 26, 1976, on the motion of Councilman Evans, seconded by-Councilman Brandt and carried 7:0 unanimously. CA 71 SPURGEON MEMORIAL TREE On the recommendation of APPROPRIATION ADJUSTMENT #56 Assistant City.Manager, COUNCIL REFERRAL ITEM 40-76 Ronald E. Wolford, APPROVED; REFERRAL DELETED Appropriation Adjustment #56 transferring $750 from Council Contingency to construct the improvements requested fo~ the Spurgeon Memorial Tree, was approved, and Council Referral Item #40-76 deleted from the Summary, on the motion of Councilman Evans, seconded by Councilman Brandt and carried 7:0 unanimously. CA 85.1 MUNICIPAL STADIUM RE-SODDING The decision of Staff, RATIFIED ~ FILED made following a ~eet- lng with the representa- tives of the Santa Ana Unified School District and community leaders, to re-sod the Municipal Stadium field was ratified, and the report prepared by Manuel Rede, dated September 50, 1976,~was received and filed, on the motion of Councilman Ward, seconded by Council- man Brandt and carried 7:0 unanimously. CA S2.8 CITY COUNCIL MINUTES 579 OCTOBER 4, 1976 PROPERTY TAX RELIEF OPTIONS Following a presenta- CONTINUED tion by the Eity Manager, Bruce Spragg, of his report dated September 24, 1976, entitled "Property Tax:Relief Options" and a short dis- cussion by Council, the matter was continued to October 16, 1976, on the motion of Councilman Brandt, seconded by Council- man Evans, and carried 7:0 unanimously. CA 6S NEGATIVE DECLARATION & On the motion of Coun- TENTATIVE PARCEL MAP 975 cilman Evans, seconded APPROVED by Councilman Brandt, and carried ?:0 unanimously, the Negative Declaration was approved and file4, the alley requirement was waived, and Tentative Parcel Map 9?3 was approved subject to the conditions in the Planning Director's Report. CA 2S ANIMAL CONTROL ORDINANCE NS-1S$0 In accordance with the RESOLUTION NO. 76-127 changes made by the AGREEMENT WITH COUNTY County of Orange regard- FIRST READING; ADOPTED; APPROVED ing contractual proce- dures for animal shelter service agreements, the following Ordinance No. NS-i$S0 was placed on first reading on the motion of Councilman Brans, seconded by Councilman Bricken and carried 7:0 unanimously: ORDINANCE NO. NS-1550 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMHNDING SECTION S-$ AND ADDING SECTION S-10.1 RE- LATING TO ANIMAL CONTROL. CA 95 The following Resolution No. 76-127 setting the fee schedule required by the County was adopted on the motion or.Councilman Evans, seconded by Councilman Bricken and carried ?:0 unanimously: RESOLUTION NO. 76-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A FEE SCHEDULE FOR IMPOUNDED ANIMALS. CA 65 The new contractual procedure requires the foregoing ordinance and resolution and provides for future contracts to be for a maximum of one year according to the report dated September 50, 1976 prepared by Edward J. Cooper, Police Department Legal Advisor. On the motion of Councilman Evans, seconded by Councilman Brandt, and carried 7:0 unanimously, the Mayor and Clerk were authorized to execute an agreement with the County for Animal Shelter Services. A-76-97 ORAL COMMUNICATION Councilman Ward reported CARE & CONTROL OF ANI~I~LS that he has had numerous REFERRED calls regarding enforce- ment of the leash law in Santa Ana, but also regarding concern that persons owning animals be required to make proper provisions for their care, such as adequate fencing, food and water. Councilman Ward stated he thought it appropriate for the City to address this subject and give it some consideration. On the motion of Councilman Ward, seconded by Councilman Evans, and unanimously 7:0 carried, Staff was requested to prepare a report and recommendation regarding matters of the care and control of animals suggested. CA 9S CITY COUNCIL MINUTES 380 OCTOBER 4, 1976 ORAL COMMUNICATION Mr. Ray Villa, 2106 S. FEDERAL AID COORDINATOR Bristol, stated that there are so many Federal Aid Programs that could be applied for by the City of Santa Ana, and that it is so time consuming to prepare and follow through with Grant Applications, that the City might consider hiring a Federal Aid Coordinator to pursue those opportunities. CA 140 ORAL COMMUNICATION Councilman Ortiz said that ALMA PARADE he had received a number of telephone calls regarding cars being towed away during last Sunday's Assistance League of Latin Americans Parade. City Manager Bruce Spragg stated that he would investigate the matter and reply to Mr. Ortiz. CA 45.1 COMMUNITY ORIENTED POLICE PROGRAM Councilman Evans commented LOS ANGELES TIMES ARTICLE that he was extremely ORAL COMMUNICATION pleased to read the article in the Sunday Times regarding the success of our team policing program. He feels it would be appropriate to initiate a Let's Move Back to Santa Aha campaign. CA 1S1 ORAL COMMUNICATION Councilman Brandt took CONFIDENTIALITY OF NAMES OF exception to the article RELOCATION PAYMENT RECIPIENTS in the Register which RBEERRED pointed out the fact that ~ the City is prohibited from providing the names of recipients of relocation payments in connection with redevelopment projects. He stated that he felt that payments by governmental entities should be public record. On the motion of Councilman Brandt, seconded by Coun- cilman Evans and carried 7:0 unanimously, Staff was directed to investigate the history of the legislation, specifically Section 55418 of the California Health and Safety Code, to determine the reasons why the law was passed. A previous mo- tion by Councilman Brandt, seconded by Councilman Bricken, to favor a change in the legislation to allow disclosure of such names, was withdrawn in favor of the motion later carried. CA 82.6 CA 29.8 ORAL COMMUNICATION Mayor Garthe announced COUNTY SANITATION DISTRICTS that Councilmen and TOUR OF PLANT #2 & DBMONSTRA- Staff members were TION OF NEW ACT SYSTEM OF TREATMENT invited to attend a tour of County Sanita- tion District Plant#2 including a buffet dinner on Wednesday, October 15, 1976, and those desiring to attend should advise the Clerk of the Council. CA 59 ORAL COMMUNICATION Councilman Ward stated WARD BOUNDARY ADJUSTMENTS that he had asked Staff for a realignment of Ward boundaries; that another question that may present itself is what course of action the City will take to replace Councilman Yamamoto should he be elected to the Board of Supervisors November 2, 1976. City Attorney Keith Gow stated that he would write an opinion on the matter for Council. CA 108 CA 80 CITY COUNCIL MINUTES 381 OCTOBER 4, 1976 APPOINTMENTS TO BOARDS & COMMISSIONS on the motions indicated below: By unanimous vote (7:0) Council made the follow- ing appointments to boards and commissions Kenneth Beko to the Library Board for a term ending June 50, 1980 (replacing John W. Hill who had served two full terms), on the motion of Councilman Bricken, seconded by Councilman Brandt; CA 56.1 Ginger Yates reappointed for a second term to the Library Board, term ending June 50, 1980, on the motion of Councilman Brandt, seconded by Councilman Bricken; CA 56.1 John McDonough to the Board of Recreation and Parks for a term ending June 30, 1980 (replacing Glen Evans who had served two full terms), on the motion of Councilman Brandt, seconded by Councilman Evans. CA 52.2 EXECUTIVE SESSION At 4:00 P.M. Mayor Garthe recessed the meeting to hold an Executive Session for the purpose of discussion personnel and legal matters.; the meeting was reconvened at S:10 P.M. with all Councilmen present, recessed for dinner and again reconvened at 7:50 P.M. INVOCATION SALUTE TO THE FLAG Santa Ana gave the Invocation. Following-the Flag Salute, Reverend Nickel of the United Lutheran Church of CA 80.17 CERTIFICATES OF APPRECIATION Mayor Garthe presented GB~E MORIARTY the City's Certificate JEAN ANKRUM of Appreciation to Gene Moriarty for his contri- bution, leadership and selfless service to the community as Chairman of the Bicentennial Committee. Mr. Moriarty accepted, wishing the City good luck for the next 100 years. CA 42.S Councilman Gordon Bricken presented the City's Certificate of Appreciation to Jean Ankrum noting that she was one of the few who had served on two City committees; that she had made a welcome contribution to the Transportation Advisory Commit- tee, and that she continues to-serve on the Planning Commission. She accepted, saying she had considered it a pleasure to serve -and to see the Committee grow in stature and become significant in its contribution to the community. CA 29.10a OATHS OF OFFICE Florence I. Malone, Clerk KENNETH BEKO of the Council, administered JOHN MC DONOUGH': the oath of office to Kenneth Beko as a member of the Library Board, and John McDonough as a member of the Board of Recreation and Parks. The new appointees were congrat~ ulated by each member of the Council. CA S6.1 CA S2.2 CITY COUNCIL MINUTES 382 OCTOBER 4, 1976 PUBLIC REARING NEGATIVE DECLARATION ~ AMENDMENT APPLICATION 747 APPROVED - ORDINANCE NO. NS-1328 F-~ READING Mayor Garthe announced that this was the time and place for the public hearing of the Negative Declaration and Amendment Application 747 to rezone property located on the southeast corner of McFadden Avenue and Ritchey Street from the Al, General Agricultural District to the M1, Light Industrial DistrAct. William Daugherty, Senior Planner, stated that the property has a 290 foot frontage on Ritchey and a 762 foot frontage on Mc Fadden, and is approximately ten acres; that the Planning Commis- sion held a duly noticed hearing and unanimously recommended the zone~ change on the following bases: 1) That the proposal is in conformance with the General Plan and that 2) The pro- posal will not be detrimental to existing or proposed uses in the area. The Clerk of the Council reported that there were no written communications. Mayor Garthe called for speakers. the public hearing. There being none, he closed In response to Councilman Evans' question, William Daugherty read from the Code the types of businesses allowed under the M1 zoning regulations. The Negative Declaration was approved and filed on the motion of Councilman Ortiz, seconded by Councilman Bricken and carried 7:0 unanimously. On the motion of Councilman Or~iz, seconded by Councilman Bricken, the following ordinance was placed on first reading: ORDINANC~ NO. ~S-1528 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 747 FILED BY WILLIS BOYD, SR. REZONING PROPERTY FROM THE A1 (GENERAL AGRICULTURAL) USE DISTRICT TO THE M1 (LIGHT INDUSTRIAL) USE DISTRICT, AND AMENDING SEC- TIONAL DISTRICT MAP 17-5-9. CA 10 PUBLIC HEARING NEGATIVE DECLARATION & AMENDMENT APPLICATION 749 APPROVED - ORDINANCE NO. NS-1529 FIRST READING Mayor Garthe announced that this was the time and place for the public hearing of Negative Declaration and Amendment Application 749 to rezone property located between Fairview and Sullivan Streets south of Borchard from the C1, Community Commercial District to the R1, Single Family Residential. William Da~gherty, Senior Planner, stated that the property contains approximately 2.8 acres and is presently vacant; that the General Plan indicates low density residential; that the Planning Commission at a duly noticed public hearing unanimously recommended approval of the proposal on the basis that it will conform to the City's General Plan, will allow for the single family residential designation of low density and will not.be detrimental to existing or~-proposed uses in the area. The Clerk of the Council reported that no communications had been received. Mayor Garthe called for speakers on the proposed zone change. CITY COUNCIL MINUTES 383 OCTOBER 4, 1976 Mr. Joe Arena, 9812 Cathay Circle, appeared representing the applicants, Arnold B. Gasser, Paula Gasser, and Commonwealth Service Corp. to answer any questions. There being no further speakers, Mayor Garthe closed the public hearing. The Negative Declaration was approved and filed on the motion of Councilman Yamamoto~ seconded by Councilman Ortiz, and carried 7:0 unanimously. Councilman Brandt expressed the hope that future development of this parcel of property will not result in poorly shaped lots. Councilman Evans concurred, stating that Council will take a hard look at the development plan to come. :Councilman Ward stated that he would discourage access on Fairview. On the motion of Councilman'Yamamoto, seconded by Councilman Evans and unanimously carried, the following ordinance was placed on first reading: ORDINANCE NO. NS-1329 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. ?49 FILED BY ARNOLD B. GASSER, PAULA GASSER, AND COMMONWEALTH SERVICE CORP. REZONING PROPERTY FROM THE C1 (COMMUNITY COMMERCIAL) USE DISTRICT TO THE R1 (SINGLE FAMILY RESIDENCE)USE DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 22-5-10. CA 10 PUBLIC HEARING NMGATIVE DECLARATION & APPEAL NO. 570 OF PLANNING COMMISSION APPROVAL OF VA 76-46 REFERRED TO PLANNING COMMISSION Mayor Garthe announced that this was the time and place for the public hearing of the Negative Declaration and Appeal No. 570 of the Planning Commission approval of Variance Application 76-46 to allow the construction of an automobile service center at 1530 and 1544 Bast First Street in the R1 and C2 Districts. Councilman Brans stated that Mr. Lebanoff, applicant for Variance 76-46 is a customer, of his company; that there could be a conflict of interest; and he left the Council Chambers. William Daugherty, Senior Planner, stated that the subject property is located at 1550-44 East First Street and is approximately 550' deep; that to the east of the property is the Royal Inn; that to the west-is the Royal Roman, and to the rear is the parking lot for the Royal Inn; that 36 parking spaces are planned; that the Planning Commission approved the Variance application on September 13, 1976 and that there was no testimony in opposition to the Variance. Mr. Maurice Lebanoff, variance applicant, 11821 High View Drive, stated that the project is planned to be several independent operators grouped together; that it will not be the typical garage; that it will be clean, not greasy; that cars being worked on will be inside, out of sight; that the project is tastefully designed with a roof of concrete tile in contemporary California style; that the front is set back two to three feet to allow mounding and planting of specimen trees; and that this is a one-half million dollar project, and the second in a series, the first being in the City of Cypress. '~a~land Calkins, 1600 East First, general partner of Hotel Ihvestors Group, apologized for not appearing at the Planning Commission hearing. He stated that the notice was sent to the landowner, who was out of town, that the hotel group just heard CITY COUNCIL MINUTES 584 OCTOBER 4, 1976 ,t~at the variance had been approved by the Planning Commission; that they feel this project is not compatible with their hotel; that the people in the nicest rooms in the hotel from the third floor up would look right down on this facility; that there would be excessive noise ~f motors being raced, tires being removed, etc.; and that patrons of the parts store would tend to use hotel parking spaces. Bernard W. Mort, 1426 W. Marion, Director of Sales for the hotel, stated he is making every effort to attract more guests; that the noise from this type of facility would be detrimental to the hotel development, and to the enormous investment in the Royal Inn. Joe Ocampo,ll49 S. Lowell St., an investor in the Royal Inn, said that he was opposed to a garage being located next to the Royal Inn; that there is a multi-million dollar investment in the Royal Inn. John Tomas, 1721 Sycamore, Anaheim, a Direc- tor of the corporation that operates the restaurant in front of the Royal Inn, stated that there has been a parking problem for some time, and that the garage facility would generate more of a problem. Mr. Lebanoff stated that any cars in a state of disrepair to be kept overnight will be kept inside the garage, and would be willing to make this a condition of approval; that the roof of the restaurant is more unsightly than the proposed garage facility; that landscaped islands will make the development attractive; and that the entrance to the facility is from an interior court. John Van Houten, Certified Acoustical Engineer, stated that he was working with the developer to alleviate any potential noise problems; that he had measured the traffic noise, and the noise level at various locations on the property; that he had also measured the noise levels of the various automotive activities proposed for the facility, and analyzed the noise reduction properties of the proposed building; that he had related these facts to the Orange County Noise Ordinance and had made numerous recommendations to the developer for insulation and for specified locations for various operations proposed; that he also recom- mended no loud speaker paging system be used, and that lunch trucks air horns not be allowed. The motion of Councilman Yamamoto, seconded by Mayor Garthe, to grant the appeal and overrule the decision of the Planning Commission, failed 2:4 with Councilmen Ward, Brandt, Ortiz and Bricken dissenting. Acknowledging that the Planning Commission had not heard the whole story, and being concerned with the future of the Royal Inn, as well as the encouragement of new business in Santa Ana, the motion of Councilman Brandt, seconded by Councilman Ward, to return the matter to the Planning Commission for rehearing carried 4:2, with Councilman Yamamoto and Mayor Garthe dissent- ing. CA 15.5 ORAL COMMUNICATION Mr. David Calderon, 827 PROPERTY TAX ASSESSMENT South Olive, came to FOR ROOM ADDITION Council with a concern regarding the valuation placed on his room addition 2S' x 24' The value placed on the room for purposes of determining the fee for the building permit was $11,S00. Mr. Calderon expressed concern that his home might be reappraised at a figure $11,S00 higher than last year's value. CITY COUNCIL MINUTES 385 OCTOBER 4, 1976 Although property tax assessments are not the jurisdiction of the City, the City Manager was directed to assist Mr. Calderon in any way possible on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried (6:0) unanimously. CA 151 ADJOURNMENT the Regency Room of California. the U. S. At 9:15 P.M. Mayor Garthe adjourned the meeting to October 16, 1976 at 8:00 A.M. in Grant Hotel, San Diego, CLERK OF THE COUNCIL CITY COUNCIL MINUTES 586 OCTOBER ~, 1976