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HomeMy WebLinkAbout07-05-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 5, 1977 The meeting was called to order at 2:00 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans. The following members of Council were present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, James E. Ward, and Mayor Vernon S. Evans. Staff members present included City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Director of Public Works John E. Stevens, Planning Director Charles C. Zimmerman, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Garthe. CONSENT CALENDAR Items 5 D, 7 A and 7 D ITEMS REMOVED OR ADDED were removed from the Con- & DISSENTING VOTES sent Calendar on the request of Councilman Garthe; Items 5 I and 12 A were removed on Councilman Ward's request. Councilman Bricken voted NO on Items 4 A through 4 G, inclusive, and abstained from voting on Item 5 F. NO votes were also regis- tered by Councilman Yamamoto on 4 B, Councilman Ward on Items 5 B and 5 E, and Councilman Brandt on 4 D. Mayor Evans added the following items: Item 2 C, Bid Call, Project 5046 - Traffic Signals at 1st & Jackson Streets; Item 3 B, Bid Award, Project 8066-B - Bike Trail, F-02 Channel; and Item 12 D, Agreement between City and Mimi Hines. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED mended action on the following Consent On the unanimously approved motion of Councilman Brandt, seconded by Councilman Ward, Council approved the recom- Calendar items 7:0: MINUTES Approved the Minutes of the Regular Meeting of June 6, 1977. BID CALLS Approved plans and specifica- tions, and authorized advertise- ment for bids on the following: SPEC 77-023 Evaluation of Orange County Narcotic Index. SPEC 77-024 Tractor for Prentice Park Zoo. As provided in Section 421 of the City CKarter, Council waived formal bidding procedures because it is deemed to be of urgent necessity for the preservation of life, health and property, and authorized Staff to negotiate a contract for the following: PROJECT 5046 - Traffic Signals at First & Jackson Streets. (Agenda Item 2 C) CA 89 CITY COUNCIL MINUTES 227 JULY 5, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID AWARDS Rejected all bids on the follow- ing as non-responsive to specifi- cations, and authorized readver- tisement for bids as a Public Works Project: SPEC 76-060 - Repair fire training building drill tower, fire doors and sprinkler systems. Awarded the following on basis of lowest responsible and best bidder: PROJECT 8066 B - Construct Bicycle Trail adjacent to the F-02 Channel from Segerstrom Avenue to Warner Ave- nue, Phase 2; awarded to Sully Miller Contracting Co. Orange, for the base bid plus alternate add-on 1, 2, and 3, for a total amount of $25,027.32. CA 89 (Agenda Item 3 B) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: THE AMERICAN LEGION - SANTA ANA POST 131 - 313-A North Birch Street - Original Type "47" On Sale General (Bona Fide Public Eating Place). Councilman Bricken registered a NO vote. (Agenda Item 4 A) DANDY LION WINE CO., NUMBER 3, INC. 2431 Tustin Avenue "R" - Original - Type "41" On Sale Beer & Wine. SUPPLEMENTAL. Councilmen Bricken and Yamamoto registered NO votes. (Agenda Item 4 B) KWOK, Mei Woon - 1473 South Main Street Person to Person Transfer - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). Councilman Bricken voted NO. (Agenda Item 4 C) PIC 'N' SAVE OF CALIFORNIA, INC. - 3425 Bristol Original - Type "20" Off Sale Beer & Wine. Councilmen Bricken and Brandt registered NO votes. (Agenda Item 4 D) RODARTE, Manuel - 3515 West Fifth Street - Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). Councilman Bricken registered a NO vote. (Agenda Item 4 E) RUCKS, Bernard W. 3420 South Bristol Street - Original Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). Councilman Bricken registered a NO vote. (Agenda Item 4 F) SCHMIDT, Hildegard, and TILSON, George E., Jr. 321 East 17th Street Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). Councilman Bricken registered a NO vote. (Agenda Item 4 G) CA 146 VARIANCES on the following: Approved and filed Negative Declaration and Planning Commission Finding of Fact CITY COUNCIL MINUTES 228 JULY 5, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued VA 77-16 - Filed by George Viebeck, Jr. to allow an existing addition to a bakery to remain where there is non-conforming parking; also to allow a bakery parking lot in the PB District where an existing residence is to remain at 312 South Main Street in the C2 and PB Districts. APPROVED Addition - DENIED Parking Lot. Approved and filed Notice of Exemption and Planning Commis- sion Finding of Fact on the following: VA 77-31 - Filed by Honer Development Co. to allow a canopy sign to be placed on an existing building within an existing shopping center at 1437 West 17th Street in the C2 District. APPROVED. Councilman Ward regis- tered a NO vote. (Agenda Item 5 B) CA 13 CONDITIONAL USE PERMITS the following: Approved and filed Negative Declarations and Planning Com- mission Findings of Fact on CUP 77-6 Filed by Ellen Patricia Lattanzio to allow a pre-school in an existing building at 214 West Ana- hurst Place in the Ri District. APPROVED. CUP 77-9 Filed by Gerald W. Colvin to allow retail sales from a proposed neighborhood general store at 3313 South Main Street in the M1 District. APPROVED SUBJECT TO A REVISED PLOT PLAN showing required parking and landscaped setbacks. Councilman Ward registered a NO vote. (Agenda Item 5 E) CUP 77-11 o Filed by S.A.S. Constructors, Ltd. to allow the conversion of a 16-unit multi-family subdi- vision to condominiums at 1802 N. Fairview in the R4 District. APPROVED. Councilman Bricken abstained from voting on this item. (Agenda Item 5 F) CUP 77-12 Filed by Santa Ana Foursquare Church to allow a pre-school and kindergarten in an existing church at 651 West Sunflower in the Ri District. APPROVED. CUP 77-13 - Filed by First Church of God of Santa Aha to allow a pre-school in conjunction with a church facility at 424 South Newhope Street in the R2 Dis- trict. APPROVED. CA 13.1 TENTATIVE PARCEL MAP Approved and filed the Negative & TENTATIVE TRACT MAP Declarations and approved the following maps subject to condi- tions in Planning Director's Reports: PARCEL MAP 1006 - Filed on May 26, 1977 by Ray Troll Development Company, creating 4 Ri parcels; all pro- posed parcels to be used for single family residential uses; generally located on the southwest corner of 14th Street and Wright Street. CA 25 TRACT MAP 8803 - Filed on June 20, 1977 by B.J.M. Inc., creating one Ri and C1 lot; proposed lot to be for condominium purposes; generally located on the northeast corner of 17th Street and Fairview Street. CA 24 CITY COUNCIL MINUTES 229 JULY $, 1977 CONSENT CALENDAR STAEF RECOMMENDATIONS APPROVED - Continued AGREEMENTS Approved the following agree- ments and authorized their execution by Mayor and Clerk: COOPERATIVE SUMMER DAY CAMP PROGRAM - Between City and County Harbors, Beaches & Parks District for summer day camp program at Mile Square Regional Park Monday through Friday, July 11 through August 19, 9:00 A.M. to 4:00 P.M. A-77-74 ACTORS EQUITY ASSOCIATION AGREEMENT - Between City and Mimi Hines for performance in "Gypsy" opening July 27 at Santa Ana College. (Agenda Item 12 D) A-77-76 Approved the following agreement and authorized Mayor and Clerk to sign all necessary documents in connection with the land exchange: EXCHANGE OF CITY-OWNED SURPLUS LAND - Between City and African Methodist Episcopal Church to exchange a surplus parcel at the northwest corner of First and Bristol Streets for the parcels at the northwest and southwest corners of Bristol and Second Streets. A-77-75 BOARDS & COMMISSIONS Accepted the resignation contained in the letter received June 28, 1977 from Fern Zimmerman resigning from the Project Area Committee with regret, and directed Staff to prepare an appropriate recognition of service. CA 82.3 LIABILITY CLAIMS Referred to Administration Claims received from June 14 to June 27, 1977. CA 65.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS 1977. Received and filed report of Proclamations issued by the Mayor from June 14 to June 29, CA 46 ~ * * ~ ~ * * ~ CONSENT CALENDAR FINIS NEGATIVE DECLARATION & CUP 77-8 Councilman Yamamoto's MISSION BAPTIST CHURCH motion, seconded by SBT FOR HEARING JULY 18 Councilman Garthe, to set the following for public hearing on July 18, 1977, carried 5:2, with Councilmen Bricken and Brandt dissenting: CONDITIONAL USE PERMIT 77-8 - Filed by First Mission Baptist Church to allow a day care center in an existing church facility at 1817-1825 West 3rd Street in the R2 District. APPROVED. (Agenda Item $ D) CA 13.1 CITY COUNCIL MINUTES 230 JULY 5, 1977 NOTICE OF EXEMPTION & EX 77-14 ALLISON HONER COMPANY SET FOR HEARING JULY 18 seconded by Councilman Bricken, Brandt and Ortiz dissenting: The following item was set for public hearing on July 18, 1977, on the motion of Councilman Ward, and carried 5:2, with Councilmen MINOR EXCEPTION 77-14 Filed by Allison Honer Company to allow on sale beer and wine in an existing restaurant in a shopping center at 1451 West l?th Street which is located within 300 feet of residences.. APPROVED. (Agenda Item 5 I) CA 13.2 NEGATIVE DECLARATION & PARCEL Council deleted Condition MAP 1004 PARKCBNTER CORP. No. 7, which required APPROVED existing trees to be permanently maintained, from the Planning Director's Report, approved and filed the Negative Declaration, and approved the following subject to all remaining conditions in Planning Director's Report, by a unanimous 7:0 vote, on the motion of Councilman Garthe, seconded by Councilman Ward: TENTATIVE PARCEL MAP 1004 - Filed on May 23, 1977 by Parkcenter Corporation, creating 2 LP parcels; all proposed parcels to be used for office uses; generally located on the west side of Parkcenter Drive 482' north of Fourth Street. CA 25 (Agenda Item 7 A) NEGATIVE DECLARATION & TRACT 9754 Council approved and S.A.S. CONSTRUCTORS filed the Negative APPROVED Declaration and approved the following subject to conditions contained in the Planning Director's Report, on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 6:0, with Councilman Bricken abstaining: TENTATIVE TRACT MAP 9754 - Filed on May 13, 1977 by S.A.S. Constructors Ltd., creating 16 R4 lots; all proposed lots to be used for resi- dential purposes (condominium); generally located on the west side of Fairview Street, 332' north of 17th Street. (Agenda Item 7 D) CA 24 AGENDA ORDER ENVISTA AGREEMENT POSTPONED TO EVENING AGENDA Consideration of the proposed ;consulting ser- vices agreement between City and Bnvista for planning and environmental studies in connection with developing improved east-west traffic access in north Santa Aha was post- poned to the evening meeting on the request of Councilman Ward, by informal unanimous consent of the Council. READING WAIVED Councilman Garthe's motion to waive full reading of all ordinances, the titles of which appeared on the public Agenda, and to consider by title only, was seconded by Councilman Ward, and carried unanimously 7:0. CITY COUNCIL MINUTES 231 JULY $, 1977 ORDINANCE NO. NS-1373 AN ORDINANCE OF THE CITY FEES - DAY CARE CENTERS OF SANTA ANA WAIVING THE ADOPTED FEE REQUIREMENTS PERTAINING TO APPLICATIONS FOR VARIANCES, CONDITIONAL USE PERMITS, AND MINOR EXCEPTIONS FILED BY NON PROFIT CHILD DAY CARE FACILITIES IN OPERATION PRIOR TO MARCH 1, 1976 was placed on second reading and adopted unanimously 7:0, on the motion of Councilman Ward, seconded by Councilman Garthe. CA 13.lA ORDINANCE NO. NS~1374 AN ORDINANCE OF THE CITY FISCAL YEAR 1977-78 BUDGET OF SANTA ANA APPROPRIATING ADOPTED MONEYS TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 1977 was placed on second reading and unanimously ?:0 adopted, on Councilman Bricken's motion, seconded by Councilman Ward. CA 65B PETITION - TRAFFIC HAZARD A petition signed by SOUTH VAN NESS AVENUE 17 residents of the 2200 REFERRED block of South Van Ness Avenue ending at Warner Avenue, requesting correction of a traffic hazard caused by Toyota of Santa Aha, Inc. unloading of new Toyota cars and trucks from carriers standing in a Red Zone at the northeast corner of Warner Avenue and South Van Ness Avenue, was referred to Staff for investigation and report, on the unanimously approved 7:0 motion of Councilman Brandt, seconded by Council- man Ward. CA 18 AQUARIUM GIFT ACCEPTED Senior Citizens Center, from Mr. and Manager of California First was accepted with appreciation, 7:0 The gift of a 60-gallon aquarium stocked with an assortment of fish, for the newly constructed T. Kittaka, Vice President Bank, Fifth and Main Office, on the unanimously approved motion of Councilman Ward, seconded by Councilman Brandt. CA 131.10 RECREATION & PARKS DEPT. Phase I1 of the Recrea- REORGANIZATION, PHASE I1 PLAN tion and Parks Department APPROVED Reorganization Plan, as outlined in the report dated June 13, 1977, prepared by Robert E. Gresham, Director of Recrea- tion and Parks, was approved, subject to final budget review and approval, on the motion of Councilman Bricken, seconded by Coun- cilman Brandt. CA 52 SPEC 77-018 ~ PROJECT 6123 Council received and JEROME SWIMMING POOL filed a report of the BID AWARDED schedule of temporary repairs to the Jerome Swimming Pool which provided for opening of the pool on July S through the summer swim season, and also awarded the contract for Specification 77-018, resealing and resurfacing of Jerome Pool to the lowest responsible best bidder Cahill Construction (fiberglass), in the amount of $11,600, with the stipulation that the work will be delayed until Septem- ber 17, 1977, on the unanimously approved motion of Councilman Ward, seconded by Councilman Bricken. CA 89 CITY COUNCIL MINUTES 232 JULY 5, 1977 DEDICATION OP STREET IN Council approved the MEMORY OF WILFRED D. OBARR naming of a new street APPROVED near 21st and Grand in memory of Wilfred D. Obarr, and directed Staff to proceed to arrange presentation to Vernon Obarr, brother of the deceased, upon completion of the develop- ment in November 1977, on the unanimously approved 7:0 motion of Councilman Garthe, seconded by Councilman Ward. CA S4 CA 29.2 TRASH COLLECTION Council approved the PROGRAM CONSULTANT selection of Ralph Stone EMPLOYMENT AUTHORIZED & Company, Inc., to provide consulting services and authorized Staff to prepare an agreement for presentation to Council at the July 18 meeting, on motion of Councilman Bricken, seconded by Councilman Ortiz, and carried 6:1, with Councilman Yamamoto dissenting. CA 11.1 CETA TITLE I Council authorized alloca- ALLOCATION OF UNEXPENDED FUNDS tion of unexpended fiscal AUTHORIZED year 1976 -77 CETA Title I funds, in the amount of $12,022, recommended in the report dated June 27, 1977, prepared by Keith E. Blunt, Manpower Project Coordinator, as follows: 1. Institute of Medical Studies Classroom Training, $1,000. Private School 2. Rancho Santiago Community College District - Public School - Classroom Training, $11,022. The motion of authorization was made by Councilman Bricken, seconded by Councilman Ward, and carried unanimously 7:0. CA 131.11 WATER RATES Council scheduled a public PROPOSED INCREASES hearing for July 18, 1977, PUBLIC HEARING SET at 7:50 P.M., to consider a proposed increase in water rates recommended in a report dated June 29, 1977, prepared by Director of Public Works John E. Stevens, on the unanimously carried motion 7:0 of Councilman Bricken, seconded by Councilman Brandt. CA 12.2 SPEC 77-025 - X-RAY EQUIPMENT Council approved the PRENTICE PARK ZOO purchase of a used portable PURCHASE APPROVED X-Ray Machine for the Prentice Park Zoo Medical Program, from Quint X-Ray Company, 1322 West 12th Street, Los Angeles, the sole supplier, at a cost of $3,000.00, plus tax, on the unanimously approved 7:0 motion of Councilman Garthe, seconded by Councilman Brandt. The specific model is described as: General Electric Mobile X-Ray Unit, 20 Miliampre, Tube Head and Control, Tube Arm and Electric Timer. CA 89 CABRILLO TENNIS CENTER Council received and AGREEMENT APPROVED .filed the Staff report on citizen input for the development of Cabrillo Tennis Center, dated June 1, 1977, prepared by Frank Blaszcak, Acting Facilities Manager, and approved an agreement with the architectural firm of Morris, Lohrbach & Associates for the preparation of plans and specifications for completion of courts 10, 11, and 12 for the entire twelve court unit (Phase III and IV), on the unanimously approved 7:0 motion of Councilman CITY COUNCIL MINUTES 233 JULY 5, 1977 Ward, seconded by Councilman Brandt. Prior to the vote, Councilman Bricken requested that a summary of his memo to Recreation and Parks Director Robert Gresham, dated June 15, 1977, be included in the minutes. The memo asked Mr. Gresham to consider the following program: 1) Completion of the remaining courts; investigation into the possibility that the design philosophy of courts advanced by Tennis Concepts would allow construc- tion at less cost than the current design; z) Construction of a clubhouse-type facility for the following two-fold purpose: a) To provide the necessary management of the Center; b) To serve as a facility for expanded clubhouse-type programs for the entire Cabrillo Park; 3) Investigation of various possible plans for implementa- tion of the Tennis Concepts program in the City; and 4) Increase the fees at Cabrillo Tennis Center to cover 100% of all operational costs, not to include amortization of the facility cost. CA 52 A-77-77 REVISIONS IN PSE PROGRAMS On the motion of Council- TENURE OF CETA EMPLOYEES man Bricken, seconded by APPROVED Councilman Ortiz, as subse- quently amended by the two motions set forth below, and carried 6:1, with Councilman Bricken dissenting, Council approved the following revisions to the Public. Service Employment Programs: 1) All new CETA appointments shall be limited to 18 months total service. z) City will provide an Employment'Assistance Program which will involve extensive counseling and job referral services to CETA employees; an "Employability Plan" will be prepared for each City employee prior to referral to a job developer at the Assessment and Referral Center. 3) If a present CETA employee turns down a bona fide offer for a permanent job, the employee will no longer be eligible for continued CETA employment with the City. 4) In cases of extreme financial hardship, the CETA employee may request an extension of time which would be subject to approval of the department head and City Manager. s) On or after December 31, 1977, all present CETA employees who have completed 30 months or more service will be terminated. 6) On or after March 31, 1978, all present CETA employees who have completed 18 months or more service will be terminated. 7) Ail remaining present C£TA employees will be terminated upon completion of 18 months service. 8) All five sworn Police Officers presently employed under the CETA Program can be brought into permanent City CITY COUNCIL MINUTES 234 JULY 5, 1977 employment opportunity by lateral entry or other legal means, if possible. The original motion made by Councilman Bricken and seconded by Councilman Ortiz to approve Items 1 through 7 above and to limit CETA service tenure to 12 months, which would have substi- tuted 12 months in Items 1, 6 and 7; and which did not include Item 8; was amended as follows: Mayor Evans' motion, seconded by Councilman Ward, to include the provision that the five Police Officers be brought into permanen% employment with the City (Item 8), carried 7:0 unanimously. The motion of Councilman Ward, seconded by Councilman Gar~he, to limit CETA tenure to 18 months (Items 1, 6 and 7) carried 5:2, with Councilmen Bricken and Ortiz dissenting. CA 151.11 OLD CITY HALL AGREEMENT Council considered the DEL PUEBLO MANAGEMENT COMPANY Staff report dated June 30, REPERRED & CONTINUED 1977, prepared by City Manager Bruce C. Spragg, regarding the status of the February 20, 1973 Agreement between the City and Del Pueblo Management and Development Company, for the sale of the Old City Hall, at Third and Main Streets; and referred the matter to the Community Redevelopment Commission and to the Executive Director of the Community Redevelopment Agency for their disposition report and recommendations to the Council at its meeting scheduled for August 15, 1977 at 3:00 P.M., on the motion of Councilman Ward, seconded by Councilman Yamamoto, and carried 6:0, with Councilman Ortiz abstaining because of his having had an interest in Del Pueblo Management Company at the time of the purchase four years ago. Prior to the Council's action, Messrs. Ben Ramirez and Hector Godinez~ representing Del Pueblo Management and Development Company, proposed that at least two floors of the building be remodeled to enhance the chances of attracting tenants. Mr. Ramirez stated that financing the proposed remodeling is problem, and he suggested use of redevelopment funds because the building is located in the Redevelopment Project Area. Mr. Godinez stated that Mr. Rudy Gallegos, Del Pueblo Management and Development Co., needs about four weeks to finalize plans for remodeling two floors of the building, and he requested a continuance to allow for that presentation to Council. Mr. Billy C. Hall, Executive Director of the City Center Associa- tion, stated that the Board of Directors of the Association considers the building a detriment to the downtown area and recommends that the structure become a viable building or be torn down so that something else can take its place as soon as possible. Mr. Hall suggested that the matter be set for public hearing to secure input from everyone concerned. CA 133 ORAL COMMUNICATION ASSEMBLY BILL 1257 EMPLOYEE TELEPHONE MONITORING REFERRED' since it purports to prohibit Councilman Brandt requested additional information from Staff regarding AB 1257 impact on monitor- ing police and fire calls. telephone monitoring. CA 57 CITY COUNCIL MINUTES 235 JULY 5, 1977 ORAL COMMUNICATION CITY HALL ELEVATORS BRAILLE SYSTEM SYMBOLS REPORT REQUESTED installation of Braille each floor of the Agenda for action. Councilman Brandt requested that the report he had received from the Executive Director for Administra- tive Services, regarding System Symbols near the elevators on City Hall, be carried on the July 18 Council Councilman Ward also requested a status report on the City's compliance with requirements for handicapped access and use. CA 77 ORAL COMMUNICATION The Reverend Lewter CONDITIONAL USE PERMIT 77-8 of the First Mission DAY CARE CENTER AT 1825 W 3RD Baptist Church, requested Council to reconsider its action taken earlier to set Conditional Use Permit 77-8 for public hearing on July 18, 1977. He stated that only a few neighbors were opposed to the proposal for Day Care Center operation by the church; that CBTA funding was available; and that the Planning Commission had approved the Conditional Use Permit. Councilman Garthe stated that the matter was of concern and interest to the community, and for that reason he had moved to have the public hearing on July 18. The Reverend Lewter stated that the real issue in the community was the outstanding growth experienced by the church, which has resulted in increased activity on Sunday as well as week days. CA 13.1 SANTA ANA NIGHT AT THE Mayor Evans presented LIONETTES - PROCLAMATION Mr. Ed Goldstein, Presi- PRESENTED dent of the Santa Aha Lionettes, with a Proclamation entitled "Santa Ana Night at the Lionettes", and encouraged all citizens and Santa Ana employees to attend the Lionettes game at the Santa Ana Bowl on July 15 at 7:00 P.M. CA 46 RECESS personnel matters, and reconvened at was an immediate recess for dinner. 7:30 P.M., with Mayor Evans absent. the evening meeting. Council recessed at 3:45 P.M. for an Executive Session to discuss pend- ing litigation and 5:15 P.M., whereupon there Council reconvened at Vice Mayor Ward conducted INVOCATION PLEDGE OF ALLEGIANCE St. Joseph's Catholic Church. Following the Pledge of Allegiance to the Flag, the Invocation was given by Father Bernard Gannon, CERTIFICATE OF APPRECIATION RICHARD VOGL PERSONNEL BOARD nition of his service to the Board. City as Vice Mayor Ward presented the Certificate of Appreciation prepared for Richard Vogl in recog- a member of the Personnel CA 50.8 CITY COUNCIL MINUTES 236 JULY 5, 1977 CITY SEAL TILE PLAQUE Vice Mayor Ward announced HAROLD JENKINS LIBRARY BOARD that Harold Jenkins was unable to be present to accept the City Seal Tile prepared in recognition of his service for two full terms as a member of the Library Board, and requested the Clerk to forward it to him. CA 56.1 PUBLIC HEARING Vice Mayor Ward announced NOTICE OF EXEMPTION & EX 77-12 that this was the time and SO. BRISTOL STREET - DENIED place for the public hearing of Notice of Exemption and Minor Exception 77-12, to allow the sale of beer and wine in an existing restaurant located at 1007-C South Bristol Street in the C1 District, which is within 300 feet of residences. He further announced that the matter had been set for public hearing by the City Council at its meeting on June 6. The City Clerk reported that the applicant, Humberto Pablos, had been properly notified and that all legal notice requirements had been satisfied. Planning Director Charles Zimmerman stated that the Minor Excep- tion had been approved by the Zoning Administrator on May 24, 1977; that the property is a bona fide restaurant; that the hours of operation are from 8:30 A.M. to 9:00 P.M., weekdays and from 8:00 A.M. to 10:00 P.M. weekends. He reported further that within this corridor of Bristol Street there are 18 Alco- holic Beverage Control licenses out of a total of 380 in the City, and he referred to a map of the City and its identifica- tion legend of the various types of ABC licenses. Council was provided with the Zoning Administrator's Finding of Fact for additional information. There were no proponents or opponents, or any speakers who responded to the Vice Mayor's request for comment, and he closed the public hearing. Council approved and filed the Notice of Exemption and directed the City Attorney to prepare a resolution denying Minor Excep- tion 77-12 and overruling the decision of the Zoning Administra- tor to approve Minor Exception 77-12, on the motion of Council- man Brandt, seconded by Councilman Bricken, and carried 5:1, with Councilman Ortiz dissenting. CA 13. 5A EAST-WEST ACCESS - NORTH SANTA ANA Vice Mayor Ward announced ENVIRONMENTAL STUDIES AGREEMENT that Agenda Item 12 A, WITH ENVISTA - DISAPPROVED continued from the after- noon Agenda because of community interest, was the final item for consideration by the Council. He stated that Staff has recommended in a report dated June 14, 1977, prepared by Dick Smith, that the City Council approve an agreement for planning and environmental studies in connection with developing improved east-west traffic access in North Santa Ana, with Envista, a planning and environmental sciences consulting firm located in Anaheim. The Vice Mayor invited com- ments from the public. Mr. Rudolfo Montejano, 2360 Riverside Drive, stated that he represents a group of homeowners in the proposed study area, Memory Lane between Flower and Main Street. During his presenta- tion Mr. Montejano stated that the homeowners needed to have the facts on what the proposed agreement with Envista really means to them; that if the City has made a determination to widen Memory Lane and build an overpass, they would like to know when, how, why and by whom the decision was made. He quoted CITY COUNCIL MINUTES 237 JULY 5, 1977 from pages 1, 5, 6, 10 and 13 of a Summary of Expansion Program of Fashion Square, prepared by the Community Redevelopment Agency, describing CALTRANS support for overpass and freeway access to Fashion Square, a commitment from Montgomery Ward to locate in Fashion Square, and the cost of the overpass, $5,691,000, which represents almost half of the City's total investment. He asked why there has been no community involvement except by the Cham- ber of Commerce, who approved the proposal. Mr. Montejano further stated that the area involved is already served by Bristol, La Veta, Main Street and the Garden Grove Freeway; that no additional access is needed. He reminded Coun- cil that it has a responsibility to serve the homeowners of the City and he opined that a Memory Lane Overpass would not be in keeping with that responsibility; that it would generate traffic incompatible with a residential neighborhood; that it would serve no economical advantage; that it would be contrary to the residential goals of the City as stated in the Community Development Application, which is to maintain the residential areas, not to increase the financial base. Mr. Montejano addressed the question of Montgomery Ward's relocation to Fashion Square being predicated on the construction of Memory Lane Overpass. He described it as "economic blackmail" and added that the people he represents, and the City, could not submit to it, because Montgomery Ward wants the Overpass at the price of destroying the neighborhood; and that it is possible to find other alternatives, such as the Broadway Overpass. He stated that the homeowners don't want, don't need, and can't afford the Memory Lane Overpass; that the City must first determine to study and decide whether or not there is a need, and what the benefit will be from the widening of Memory Lane and the build- ing of the Overpass before it proceeds with the EIR report; and that substantial community input is required. The following persons also spoke on the subject: Conrad Schultz, 1811 N. Flower Mickey Madden, 2319 N. Rosewood A1 Garcie, 4006 N. Flower Elizabeth Robertson, 1226 Sharon Road Tom Eldridge, 606 W. Jonquil Rd. Tom Thorkelson, 2624 N. Louise Wayne Toscas, 1714 N. Flower Some of the speakers stated that there had been no community communication regarding the proposal to widen Memory Lane and build the Overpass; that the proposal would destroy the beautiful residential areas of Santa Ana; that community input and coopera- tion can help provide the solutions to traffic access and the Fashion Square shopping center expansion; and that traffic is already a problem in the area. Ot~r speakers opposed the approval of a contract for an EIR for the extension of Memory Lane, and requested Council to stop any further action in pursuing the project because it would increase traffic and congestion and reduce the quality of life in Santa Aha. Each of the Councilmen responding emphasized that no final decision has been made; that the purpose of the agreement is to explore all the available alternatives; the timing is right for community input regarding the entire access question; and that a mechanism for community involvement and communication will be developed. CITY COUNCIL MINUTES 238 JULY $, 1977 Council approved the concept of employing a consultant for planning and environmental studies in connection with developing improved east-west traffic access in North Santa Ana, with the stipulation that the selected consultant would work closely from the beginning with neighborhood representatives during the studies, so that they will be thoroughly familiar with, and understand, the scope of the work, on motion of Vice Mayor Ward, seconded by Councilman Yamamoto, and carried 6:0 unanimously. Councilman Bricken left the Council Chamber. A motion (1) to approve the agreement with Envista, a planning and environmental sciences consulting firm located in Anaheim; and (2) to direct the consultant to review the scope of the agree- ment with community representatives; and (3) to provide that any changes in the scope of the agreement, resulting from commun- ity representatives-consultant communications, be brought back to Council for approval, made by Councilman Garthe, seconded by Vice Mayor Ward, failed to carry on tho following roll call vote: AYES: Garthe, Yamamoto NOES: Brandt, Ortiz, Ward ABSENT: Bricken, Evans ORAL COMMUNICATION MITCHELL BROTHERS THEATER Theater litigation was referred to Mrs. Mickey Madden's request for information about the status of the Mitchell Brothers Staff. CA 149 ADJOURNMENT Civic Center Plaza. At 10:15 P.M. the Council adjourned to July 11, 1977, at 5:30 P.M., in Room 831, City Hall, 20 ~.OR~NCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 239 JULY 5, 1977