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HomeMy WebLinkAbout01-03-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 3, 1978 The meeting was called to order by Vice Mayor James E. Ward, in the absence of Mayor Vernon S. Evans, at 2:00 P.M. in the City Council Chambers, 22 Civic Center Plaza. Council members present were David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, and Vice Mayor Ward. Councilman Bricken arrived at 2:12 P.M.; Mayor Vernon S. Evans was absent. Members of Staff present were City Manager Bruce C, Spragg, Director of Public Works John E. Stevens, Planning Director Charles C. Zimmerman, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Vice Mayor Ward. CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS approved 5:0 motion of APPROVED Councilman Brandt, seconded by Councilman Garthe, Council approved the Staff recommendations on the following Consent Calendar items: BID CALLS Approved plans and specifica- tions and authorized advertise- ment for bids on the following: SPEC 77-061 - One 75 foot telesquirt. SPEC 77-096 - 36 safety shields for patrol cars. SPEC 77-100 - Weight machine for Jerome Center. SPEC 77-102 - One mid-range four-door compact sedan for the Fire Chief. PROJECT 2058 Memory Lane bike trail. PROJECT 6133 - Ornamental fencing around Orange County Jail planter areas. PROJECT 8108 landscaping. Bear Street bike trail, median and CA 89 BID AWARDS Awarded the following on basis of lowest responsible and best bidder: SPEC 77-040 - Three sedans for Fire Department; awarded to Jack White Pontiac, Inc., Anaheim, in the total amount of $17,335.86. SPEC 77-059 - Two vans for Public Works; awarded to Santa Ana Dodge, Santa Aha, in the total amount of $10,038.20. CITY COUNCIL MINUTES JANUARY 3, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 77-064 - Furnish and install roll-up garage doors at City Yard; awarded 7 doors to Richards Wilcox Mfg. Co., Paramount, in the total amount of $13,969.63. SPEC 77-073 - Annual requirement for Police uniforms and accessories; awarded to Uniform Center, Orange, in the estimated annual amount of $35,000. SPEC 77-075 - One breath analyzer for Police Depart- ment; awarded to Hayward Police Supplies, Hayward, in the total amount of $5,188.70. PROJECT 7108 - Installation of handicapped facilities inside City buildings; awarded to Means & Ulrich, Santa Aha, for Group "A" and Group "B" in the total amount of $12,500.00. CA 89 VARIANCES & CONDITIONAL USE PERMIT the following: Approved and filed the Negative Declarations and Planning Com- mission Findings of Fact on VA 77-67 - Filed by Warner Beach Company, Ltd. to omit doors and allow unenclosed vacuum stations in a self- service car wash in the C2 District at 4402 West Seventeenth Street. APPROVED. VA 77-69 Filed by Lester Hill to allow a contractor's storage yard, storage buildings and office buildings on the same parcel of land at 2619 West Edinger in the C1 District. (Modification of VA 2110 approved May 3, 1965) APPROVED. CA 13 CUP 77-29 - Filed by Marinacci-Lindborg to allow a condominium development (13 units) at 4313 West First Street in the R2-PRD District. APPROVED. CA 13.1 DEEDS WITH CASH Approved the following deeds & ESCROW - GRANTEE CITY and authorized Vice Mayor to sign all necessary documents in connection with the purchases: HONG, Harry J. and Betty H.Y. - Northeast corner of Seventeenth Street and Aloha for street and vehicular access. REAM, Glenn H. and Erma Fay - North side of Seven- teenth east of English for street and vehicular access. CA 155 TENTATIVE PARCEL MAP Approved and filed the Negative Declaration, approved the follow- ing Map subject to conditions contained in Planning Director's report, and waived alley requirement: PARCEL MAP 1039 Filed on December 6, 1977 by Joe Colombo creating two LP parcels; proposed parcel 1 to be used for offices and parcel 2 to be used for a bank; generally located on the southwest corner of Wellington Avenue and Tustin Avenue. CA 25 CITY COUNCIL MINUTES 2 JANUARY 3, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued AGREEMENTS Approved the following agree- ments and authorized their execution by Mayor and Clerk: BURGLARY PREVENTION THROUGH CITIZEN PARTICIPATION GRANT - Between City and County to extend grant funding for the program through August 31, 1978, requiring City's matching funds of $1,546 available in the Budget. A-?8-1 MULTIMODAL TRANSPORTATION TERMINAL PROJECT LOCATED BETWEEN SANTA ANA BLVD., FIFTH AND SYCAMORE STREETS AND BROADWAY - Between City and Orange County Transit District designating the City as the lead agency with respect to the processing of the Environmental Impact Report for the Project. Councilman Ward ab- stained because his firm is the architect for the project. A-78-2 CONSULTANT SERVICES - Between City and Ronald Yeo, F.A.I.A., Architects, Inc., and Richardson, Chase & Johnson, to develop a master plan for the Prentice Park Zoo. A-78-3 BOARDS & COMMISSIONS Accepted with regret the res.ignation contained in the letter dated December 21, 1977 from Alda T. Gaines resigning her appointment on the Human Relations Commission/Housing Advisory Commission effective December 21, 1977; and directed Staff to prepare an appropriate recognition of service. CA 131.2 LIABILITY CLAIMS Referred to Administration Claims received from Decem- ber 13 to December 26, 1977. CA 65.7B Denied leave to present late claim on the following: Application for leave to present late claim of Luis Soto for personal injuries occurring on May 25, 1977. CA 65.7 COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. . CA 80.2 CONSENT CALENDAR FINIS READING WAIVED Councilman Brandt's motion to waive full reading of all ordinances and resolu- tions, the tities of which appear on the public Agenda, or which otherwise come before this Council and the titles of which are read, and to consider by title only, was seconded by Councilman Garthe, and carried 5:0 unanimously. CITY COUNCIL MINUTES 3 JANUARY 3, 1978 ORDINANCE NO. NS-1384 AN ORDINANCE OF THE HUMAN WASTE CITY OF SANTA ANA ADOPTED ADDING SECTION 10-34 TO THE SANTA ANA MUNICI- PAL CODE RELATING TO HUMAN WASTE was placed on second reading and adopted by unanimous S:0 vote, on the motion of Council- man Garthe, seconded by Councilman Brandt. CA 47; CA 11.1 ORDINANCE NO. NS-1394 Council continued VEHICLES FOR HIRE consideration of first CONTINUED TO JAN. 16 reading of the follow- ing ordinance to January 16, 1978, on the unanimously approved 6:0 motion of Councilman Ortiz, seconded by Councilman Brandt: ORDINANCE NO. NS-1394 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING CHAPTER 32 TO THE SANTA ANA MUNICIPAL CODE AND REPEALING CHAPTER 38 RELATING TO VEHICLES FOR HIRE (TAXICABS AND AMBULANCES). CA 26; CA 96 Councilman Bricken joined the meeting at 2:12 P.M. during the discussion of this matter. Prior to the motion, Verlyn Jensen, 1200 North Main Street, representing Yellow Cab Company, stated that he was delighted with the changes that had been made since the last meeting to correct the procedure for filing applications; that he did have one further suggestion to amend Section 32-2.21 to streng- then the standards by which the Chief of Police is to evaluate an application for a taxicab company; and he requested a continuance to allow him to make recommendations to the City Attorney for amendment to the ordinance. The motion for continuance to January 16, 1978, made by Council- man Yamamoto, seconded by Councilman Garthe, failed to carry on a 3:3 vote, with Councilmen Brandt, Ortiz and Bricken dis- senting. A subsequent motion made by Councilman Ortiz, seconded by Coun- cilman Brandt, to place the Ordinance No. NS-1394 on first reading, also failed on a 3:3 vote, with Councilmen Garthe and Yamamoto and Vice Mayor Ward dissenting. Following assurances that this matter would be resolved and back on the Council Agenda at the next meeting, the motion to con- tinue was adopted. ORDINANCE NO. NS-1401 AN ORDINANCE OF THE VEHICLE FOR HIRE TAXES CITY OF SANTA ANA ADOPTED AMENDING SECTION 21-72(41) OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTION 21-72(42) TO THE SANTA ANA MUNICIPAL CODE RELATING TO VEHICLE FOR HIRE AND AMBULANCE TAXES was placed on second reading and adopted on the unani- mously carried 6:0 motion of Councilman Bricken, seconded by Councilman Ortiz. CA 26; CA 96 ORDINANCE NO. NS-1396 REGULATING BINGO GAMES CONTINUED TO JAN. 16 the unanimously approved 6:0 motion seconded by Councilman Brandt: Consideration of first reading of the following ordinance was continued to January 16, 1978, on of Councilman Yamamoto, CITY COUNCIL MINUTES JANUARY 3, 1978 ORDINANCE NO. NS-1396 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE REGULATING BINGO GAMES TO MAKE SAID SECTIONS COMPLY WITH STATE LAW, AND TO LIMIT THE NUM- BER OF DAYS PER WEEK WHEN BINGO MAY BE PLAYED. CA 91.10 ORDINANCE NO. NS-1380 AN ORDINANCE OF THE CITY ISSUANCE OF CITATIONS OF SANTA ANA AMENDING FIRST READING THE SANTA ANA MUNICIPAL CODE BY REPEALING SECTION 16-7 AND ADDING SECTION 1-18 TO PROVIDE FOR THE AUTHORITY FOR CERTAIN PUBLIC OFFICERS AND EMPLOYEES TO ISSUE CITATIONS FOR VIOLATIONS OF PORTIONS OF THE SANTA ANA MUNICIPAL CODE was moved for first reading by Councilman Ortiz and seconded by Councilman Brandt. An amendment to the motion, moved by Councilman Bricken, and seconded by Vice Mayor Ward, to delete "Associate Planners" and "Assistant Planners" from Section 1-18(2) of the ordinance, so that only the Director of Planning, the Assistant Director of Planning and the Senior Planner and the Land Use Investigators would be empowered with citation authority, carried 4:2, with Councilmen Garthe and Yamamoto dissenting. The motion to place the amended ordinance on first reading carried 5:1, with Councilman Yamamoto dissenting. CA 79; CA 80 J. Ogden Markel, 1814 South Parton, member of the Board of Directors of the South Main Improvement Association, stated that he felt the proposed ordinance should be continued to a public hearing prior to adoption. He stated that he was concerned that this ordinance may create more pressure on the businessman. Vice Mayor Ward stated that his concern with the ordinance was with the number of job classifications listed as empowered with citation authority. ORDINANCE NO. NS-1402 AN ORDINANCE OF THE DISPLAY OF VEHICLES FOR SALE CITY OF SANTA ANA AMEND- FIRST READING; SET FOR HEARING ING THE SANTA ANA MUNICI- PAL CODE BY ADDING SECTION 41-613.1 PROHIBITING DISPLAY OF VEHICLES, VESSELS, AND OTHER PERSONAL PROPERTY FOR SALE was placed on first reading and set for public hearing on January 16, 1978, on the unanimously carried 6:0 motion of Councilman Garthe, seconded by Councilman Bricken. CA 18.7 RESOLUTION NO. 78-1 SOLID WASTE MANAGEMENT ADOPTED SOLID WASTE MANAGEMENT AGENCY FOR THE CITY OF on the motion of Councilman Brandt, APPEAL OF REVOCATION DANCE PERMIT EL MONTEREY BAR CLERK DIRECTED TO SET HEARING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE DESIGNATION OF THE COUNTY ENFORCEMENT AGENCY AS THE ENFORCEMENT SANTA ANA was adopted unanimously 6:0, seconded by Councilman Ward. CA 148.4 In response to a Notice of Appeal dated Decem- ber 21, 1977 and a request for hearing filed by William H. Knobel, attorney for appellant Ms. Lydia Isaac; and based on a recommendation of the Police Chief in his Request for Council Action dated December 27, 1977, the Clerk of the Council was directed to set a hearing date and appoint a hearing officer to hear the requested appeal of the revocation of a dance permit for the E1 Monterey Bar, 2026 West Fifth Street. The motion was made by Councilman Yamamoto, seconded by Council- man Bricken, and carried 6:0 unanimously. CA 127 DRAFT EIR - CITY OF COSTA MESA On the motion of Council- SOUTH COAST TOWN CENTER man Brandt, seconded by AUTHORIZED TASK FORCE APPOINTMENT Councilman Garthe, carried unanimously 6:0, City CITY COUNCIL MINUTES 5 JANUARY 3, 1978 Manager Spragg was authorized to organize a Task Force to attend meetings to negotiate solutions to the environmental impact on Santa Ana of the proposed South Coast Town Center Project in the City of Costa Mesa. Councilmen Brandt and Ortiz agreed to attend meetings along with the Chairman of the Planning Commis- sion and City Staff members. City Manager Bruce Spragg announced that a meeting had already been held with the developer of the project, and that a joint informational meeting had been scheduled with representatives of the City of Costa Mesa on January 12, 1978 at 8:00 A.M. at the Costa Mesa City Hall. He also stated that consideration of the Environmental Impact Report by the City of Costa Mesa Planning Commission had been continued to January 23, 1978 to allow sufficient time to formulate mutually acceptable mitiga- tion measures. CA 78.12 SIDEWALK PROGRAM POLICY A sidewalk reconstruction REFERRAL NO. 18-77 DELETED and preventive maintenance PROGRAM ADOPTED program as outlined in a report dated December 27, 1977, prepared by Director of Public Works John Stevens, was adopted, and Council Referral No. 18-77 was deleted, on the unanimously carried 6:0 motion of Councilman Garthe, seconded by Councilman Bricken. City Manager Bruce Spragg stated that this is a major program requested by Council involving three million square feet of sidewalk, and will involve three million dollars; that the City of Garden Grove has a ballot measure asking the voters to approve a 25¢ per month charge on water bills to fund a similar program; that Santa Ana's suggested program might be funded over a ten-year period at the rate of $300,000 per year from the General Fund, augmented by Community Development and Revenue Sharing funds; and that it would be a highly visible program and would tend to reduce City liability costs. CA 35; CA 80.6 LEAGUE OF CITIES - ORANGE COUNTY Payment of $1,049 to the QUARTERLY DUES Orange County Division, NO ACTION League of California Cities, for January, February and March, 1978 quarterly dues was not authorized because Councilman Brandt's motion, seconded by Councilman Garthe to make such payment failed to carry on a 3:3 vote, with Councilmen Yamamoto and Ortiz and Vice Mayor Ward dissenting. (See later action, Minutes Page 10) MINNIE STREET APARTMENTS NEIGHBORHOOD PROBLEMS ORAL STATUS REPORT eleven months of calendar year 1977, the Minnie Street Apartments has had City Manager Bruce Spragg reported that Police Department statistics show that over the last the area that includes 440 arrests; there have been 115 foot patrols and 144 community oriented police meetings. He said the area is twice as active as the normal area of its size and population, but in terms of severity of major crime, prostitution and drugs, that it is not a high crime area from the police standpoint. He stated that concerning the junk car situation over the last eleven months, the Police Department has cited some 116 vehicles, 82 of which were stored; that as of last week, there were 22 cars posted and 12 removed voluntarily. He stated that the Health Department has advised the City that statistics show that the venereal disease rate did decrease in December, and that the Department will begin a door-to-door campaign this month. He reported that last week Building and Fire Inspectors started a door-to-door voluntary inspection campaign to determine the extent of safety code violations; that they have covered 90 units and that there were few major violations, some electrical and plumbing problems, and that there was some overcrowding. He said that one overcrowding situation was brought to the attention of the landlord who said he would take steps to correct it. CITY COUNCIL MINUTES 6 JANUARY 3, 1978 Mr. Spragg stated that the City will invite a member of the Orange County Health Department to accompany the City inspec- tors to minimize the number of persons going through the units. Mr. Spragg went on to the trash situation, and stated that there are 30 containers in the area, or about one for every 20 units, of the three cubic yard size, and that this does not seem to be sufficient. He said that the City hopes to standardize the locations of trash containers and try to have them emptied on the same days each week, to facilitate sweeping and cleaning; that the plan is to institute parking on alternate sides on sweeping days so that clean-up can be facilitated; and that the City has assigned a CETA clean-up crew to the area to assist. Community Relations representatives, continued Mr. Spragg, have scheduled meetings with the residents on January 7 and with property owners on January 10; that cooperation from residents and owners has been good in the majority of the cases. He stated that the Staff is reviewing four or five other areas of the City that may be in a similar situation for future action along these same lines. Mr. Spragg said that he will bring to the attention of the Council for review and consideration a property maintenance ordinance that had been prepared and presented to Council some time ago, but never adopted. Councilman Bricken told Staff to keep up the good work, and said that he was amazed with the degree of public interest; that he continues to receive telephone calls from people who want strong corrective measures taken. Police Chief Raymond Davis stated that his department is trying to identify the real problem as opposed to what people perceive to be the problem; that the statistical data he has received shows that only 20 females were treated for syphillis in the entire Country during the past year; that the department has strong concern that the situation has been inflated by the ~ress; that the Department does not think prostitution is high · n the area; that prostitution is not in a static location, but moves around; and that the Department has maintained high police presence in the area. CA 99.3; CA 47 RECESS at 3:32 P.M. with the same Council At 3:25 P.M. Vice Mayor Ward called a recess of the meeting; and the meeting was reconvened members present. COMMUNITY DEVELOPMENT BLOCK GRANT On the unanimously carried 4TH YEAR (1978-79) BUDGET 6:0 motion of Councilman STATUS REPORT - FILED Ortiz, seconded by Council- man Bricken, the Community Development Block Grant Fourth Year (1978-79) Budget Status Report with attached proposed Budget, prepared by Community Development Coordinator Alice McCullough, dated December 27, 1977, was received and filed. Mrs. McCullough stated that the Budget would be again before the Council for final approval in a few months; that by a reduction in some'of the other projects it was possible to include the widening of Euclid Street from First Street to Seventeenth Street at a cost of $424,000; and that the balance of the $2,655,000 Budget is substantially as had been planned. Director of Public Works John Stevens said that the Euclid Street widening will include curb and gutter, but not sidewalk, and that the Budget does not include money for right-of-way; that the City is assuming that the property owners will dedicate right-of-way. CA 140.20 CITY COUNCIL MINUTES 7 JANUARY 3, 1978 IRVINE COAST NATIONAL PARK As recommended by the CITY POSITION - REPORT FILED Planning Department in STAFF DIRECTED TO MONITOR a report dated December 27, 1977, in response to the request of a private citizens group called "Irvine Tomorrow" for a City position, the request was received and filed, and Staff was directed to monitor State acquisition and development proposals as they relate to regional potential for growth in the subject coastal corridor, on the unanimously 6:0 carried motion of Councilman Brandt, seconded by Councilman Garthe. CA 42; CA 113 REALLOCATION OF CD FUNDS On the motion of Council- NEWHOPE BRANCH LIBRARY man Yamamoto, seconded by APPROVED Councilman Garthe, carried 6:0 unanimously, $45,000 of Community Development Block Grant funds designed previously for land acquisition, was reallocated to construction of park- ing area and landscaping for the Newhope Branch Library. The action was recommended in a report dated December 28, 1977 prepared by Community Development Coordinator Alice McCullough. CA 140.20 ORAL REPORT City Manager Bruce Spragg MUSEUM EXPANSION reported that he, the Mayor and Reilly Rhodes, Museum Director, met with the Chairman of the Museum Board of Trustees and the Foundation on the Museum Expansion; that the County has appointed a citizens advisory committee to make recommendations to the Board of Supervisors on the entire subject of having a County- wide Museum; that it is estimated to take 30 days before the Staff recommendations will come back for action to appoint the committee; that it will take up to six months before the Board receives a report from that committee; that in view of that kind of delay it was the feeling of the people that met that the City should try to proceed to sust.ain the momentum of County-wide support with a smaller size project than previously planned; that because the agreement with the County contained a provision that an Operating Memorandum be entered into before July 1, 1978, it seems certain that we will not be able to meet that deadline; and that the City will now try to develop an alternate project and bring it to the Council for approval within 30 to 60 days. Councilman Bricken stated that Santa Ana must continue to provide the leadership and sustain the support for development of the Bowers Museum as a County-wide museum facility with assistance from outside Santa Ana. CA 85 DETACHMENT - TUSTIN-SANTA CLARA On the motion of Council- FROM E. ORANGE COUNTY WATER DISTR. man Bricken, seconded by FILED; STAFF DIRECTED Councilman Garthe, car- ried 6:0 unanimously, the status report dated December 27, 1977 prepared by Administra- tive Assistant Estela Gutierrez, on the detachment of Tustin- Santa Clara area from the East Orange County Water District, was received and filed and Staff was directed to continue to inform the public and to develop the City's position in favor of the detachment. Director of Public Works John Stevens reported the Water District still contends that their approval of detachment of the Tustin- Santa Clara area is subject to a $24,000 payment; that the Dis- trict has requested an extension of the Local Agency Formation Commission hearing from January 11 to January 25, which LAFCO will probably grant; and that the City's concern is to accomplish the detachment prior to the District's sale of a new $6 million dollar bond issue. CITY COUNCIL MINUTES 8 JANUARY 3, 1978 Councilman Bricken suggested that the people in the area be .informed that they are being double taxed so that they can exert some influence in their own behalf to accomplish the detachment. CA 94 CIVIC CENTER GRAPHICS A report prepared by STATUS REPORT Director of Public FILED Works John Stevens, dated December 29, 1977, providing Council with an explanation for the long delay in the implementation of the Civic Center Graphics and Signing Program, was received and filed on the motion of Councilman Ortiz, seconded by Councilman Brandt, and carried 6:0 unanimously. Mr. Stevens advised Council that when the County G.S.A. is able to fill a vacant position, that the County will proceed with its position as the lead agency, and in the very n.ear future pick up on the program where it was left and carry it to comple- tion. CA 77.17 ORAL REPORT BY POLICE CHIEF Police Chief Raymond POLICE COMPAINT Davis reported that the JOHN NIEBLAS specific complaints reported by John Nieblas (Council Minutes, December 2?, 1977) were being investigated, and an answer would require numerous interviews and thorough investigation. He stated that one portion of Mr. Nieblas' com- plaint concerned the number of arrests being made of drunk drivers, particularly Mexican Americans, and the setting up of stationary roadblocks. He stated that apprehension of drunk drivers is a high priority of the Police Department because a review of the accident records shows that ?0% of all traffic accidents involve drunk drivers. He further stated that the citizen complaint form objected to by Mr. Nieblas has been used by the Police Department for over four years following approval by the Human Relations Commission and Council, and is used by the State as a model. The Chief told Council that his report would be completed in about two or three weeks. CA 47 TRASH NEGOTIATIONS City Staff was directed STAFF DIRECTED to continue the negotia- tions with the existing contractor, Great Western Reclamation, that have been under way and that within a period of 90 days the Staff must return with a negotiated contract for discussion by the Council, including the recommendations of the consultant and the items to be provided by the contractor, including an audit of the books of the company and all the issues which have been spoken of many times and which Mr. Ortiz has valiantly tried to discuss, on the motion of Councilman Bricken, seconded by Councilman Yamamoto, and carried 4:2, with Council- men Brandt and Ortiz dissenting. A prior motion to direct Staff to prepare specifications in preparation for calling for competitive bids for a new contract to begin November 1, 1978 made by Councilman Ortiz, seconded by Councilman Brandt, failed on a 2:4 vote, with Councilmen Garthe, Yamamoto and Bricken and Vice Mayor Ward dissenting. Councilman Bricken stated that there has not been sufficient justification for the recommendation to call for bids for a new contract to begin November 1, 1978; that Councilman Ortiz has done an admirable job in bringing to a head many of the issues involved, and has worked long and hard to bring the current contractor to the recognition of the need for changes and, frustrating as it may be, that now is not the time to give up. CITY COUNCIL MINUTES 9 JANUARY 3, 1978 The following written communications were received and considered by Council prior to adoption of the motion: 1) Letter dated December 28, 1977 from T. K. Blackman of Great Western Reclamation, Inc., requesting Council approval of a three-year extension of the existing contract; 2) Letter dated December 28, 1977 from Moore and Hanson, 214 South Broadway, recommending Council authorize a bid call for a new trash collection contract; 3) Letter dated December 28, 1977 from Thomas Elsea, 1502 E. First Street, recommending open competition trash collec- tion service; 4) Letter dated December 28, 1977 from C. A. Ranney, Jr., President of Cal-Compack Foods, Inc., 4906 W. First Street, recommending open competition for industrial trash collec- tion. City Manager Bruce Spragg stated that the cost estimate to the City of a three-year extension of the present contract with Great Western Reclamation would be $260,000 more than the cost for the previous three years, based on the assumption that the City would have the same kind of experience with the cost of living increase and with the adjustments that were negotiated after the labor settlement; that based on the negotiations that have been attended by Councilman Ortiz and Assistant City Manager Ronald Wolford the Negotiating Team recommendation to bid a new contract would be in the best interests of the City. Vice Mayor Ward said that he never supported the contract with a cost of living increase provision plus open negotiations later for extra equipment and strikes. Councilman Ortiz responded that the contract proposed by the City during negotiations would not give both the cost of living increase and later open negotiations for labor costs. Lillian Wolf of 3124 South Main Street, who manages apartment buildings in several Orange County Cities, said that she uses 19~bins at her Santa Aha apartments which are picked up three times a week at a cost of $674 per month; that she uses with three pickups a week in Costa Mesa at a cost of $483; that it seems unreasonable that Santa Ana charges $200 more per month than Costa Mesa for about the same service; and that Great Western Reclamation refuses to clean, repaint or replace dirty, damaged bins. Mr. A. Stark, 720 South Lyon, stated that he had been in the rubbish industry for 23 years, and that competitive bidding for a new contract would give the citizens of Santa Aha much better service and a much better rate. CA 11.4 RECONSIDERATION - LEAGUE OF CITIES Vice Mayor Ward's motion ORANGE COUNTY DIVISION for reconsideration was QUARTERLY DUES PAYMENT - APPROVED seconded by Councilman Bricken and carried 4:2, with Councilmen Ortiz and Yamamoto dissenting. (Minutes Page 21 bins 6) On the motion of Councilman Bricken, seconded by Councilman Brandt, carried 4:2 with Councilmen Yamamoto and Ortiz dissenting, payment of quarterly dues (January, February, March 1978) to the Orange County Division, League of California Cities in the amount of $1,049 was authorized. CA 148.1 CITY COUNCIL MINUTES 10 JANUARY 3, 1978 ORAL COMMUNICATION Councilman David Ortiz was INTERNATIONAL POLICE DAY appointed to act as Mayor M~IYOR PRO TBM APPOINTED Pro Tem for the City of Santa Ana on the occasion of the International Police Day Celebration to be held in Santa Ana on January 6, ? and 8, on the unanimously carried 6:0 motion of Councilman Garthe, seconded by Vice Mayor Ward. CA 151 RECESS with the same Councilmen present. At 4:29 P.M. Vice Mayor Ward called a recess for dinner; the meeting was reconvened at 7:32 P.M. INVOCATION Following the Pledge of PLEDGE OF ALLEGIANCE Allegiance to the Flag, the Invocation was given by Reverend Norman Ford of the Bristol Street Baptist Church. PUBLIC HEARING Vice Mayor Ward announced REGULATION OF MISSIONS that this was the time ORDINANCE NO. NS-1397 ADOPTED and place for the public hearing of a proposed ordinance to exclude new mission use in a C1 (Community Commer- cial) zone and to require a Conditional Use Permit for a mission-rescue center use in the C2 (General Commercial) and C3 (Central Business) zones. Planning Director Charles Zimmerman stated that the ordinance was proposed because of concern of the Santa Anita neighbors when it was learned that a'Mission had planned to relocate in their community; that an approach to the problem would be to make mission use a matter of privilege by requiring a Conditional Use Permit; that mission use should be prohibited in the C1 zone and allowed only by Conditional Use Permit in the C2 and C3 zones; that the mission facility operated by the Salvation Army on French Street that was involved in a major fire recently, will be rebuilt in its present location in a C2 district; that a necessary Variance application is being held in abeyance and when the ordinance becomes effective the Variance application could be converted into a Conditional Us.e Permit application; that he is unaware of any other applications for mission use in a commercial district in the City of Santa Ana at the present time. Lorin Griset, 2321 North Linwood, stated that the City should regard a mission as an effort in our community to service social needs that exist and that we ought to encourage them in every way we can. There being no further comments, Vice Mayor Ward closed the public hearing. On the motion of Councilman Bricken, seconded by Coun- cilman Garthe, carried ~:0 unanimously, the following ordinance was placed on second reading and adopted: ORDINANCE NO. NS-1397 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-377 AND 41-395 OF THE SANTA ANA MUNICIPAL CODE ~uND ADDING SECTION 41-120.1, TO PROVIDE FOR USE OF PROPERTY IN THE C-2 AND C-3 ZONES AS A MISSION. CA 10,1 CITY COUNCIL MINUTES 11 JANUARY 3, 1978 PUBLIC HEARING - APPEAL 385 Vice Mayor Ward announced MINOR EXCEPTION 77-35 800 N. that this was the time and TUSTIN - CONTINUED TO JAN. 16 place for the public hearing of Notice of Exemption and Appeal #385 of the denial of Minor Exception 77-35 to allow sale of beer and wine in a proposed restaurant "Ship Ahoy" in the LP District at 800 North Tustin Avenue. Planning Director Charles Zimmerman stated that the restaurant is a bona fide public eating place; that there was opposition to the sale of beer and wine from the Calvary Church nearby; and that the Minor Exception had been denied by the Zoning Administrator on the basis of that objection. William E. Gummerman, 16152 Beach Boulevard, Huntington Beach, representing the appellants Kamran and Lucy D. Hussni, stated that his client was born and raised in Turkey, that he is a fine member of the community and takes great pride in his proposed restaurant facility and would not want to do anything that would downgrade the neighborhood; that his intention is to establish a restaurant similar to the Crab Cooker in Newport Beach; that patrons of such a restaurant usually prefer an atmosphere of fine dining and wish to have beer or wine with their meal; that his client's intention is to operate a high-class family restaurant that will be a credit to the community as are the Ancient Mariner and Reubens which are located in the area. Speaking in opposition to the appeal and the minor exception was Paul Harvey, 10411 West Radec Court, Villa Park, Vice President of the Calvary Church Board of Trustees, who stated that members of the Calvary Church are opposed to the sale of alcoholic beverages in proximity to their proposed expansion of a youth center on the southeast corner of Fruit and Tustin; that the Church's youth program services from 100 to 450 young people; that their preschool serves 208 students; and that the Church has established these programs to strengthen the moral fabric of the society. In rebuttal, Mr. Gummerman stated that the proposed adult- family restaurant would be more desirable as a neighbor to the Church than a hamburger drive-in, which sells no alcoholic beverages, and that the proposed restaurant would be of no interest to children and would not interfere with their pro- grams. In answer to questions by Councilmen, the appellant's attorney stated that the area shown on the floor plan as a "bar" will be similar to a "sushi bar" where food is prepared and served. Councilman Bricken questioned whether a stipulation might be attached to the minor exception, if granted, whereby the Council would be advised if there were a future application to change from beer and wine to an on-sale general alcoholic beverage license, so that Council would be aware of that application and have the opportunity to lodge a protest, if desired. In view of questions regarding the floor plan and possible conditions to the minor exception, on the motion of Councilman Brandt, seconded by Councilman Bricken, and carried S:l, with Councilman Yamamoto dissenting, the hearin~ was continued to January 16. 1978. CA 13.5 CITY COUNCIL MINUTES 12 JANUARY 3, 1978 PUBLIC HEARING - APPEAL 384 Vice Mayor Ward announced CUP ??-26 - 922-926 N. BEWLEY that this was the time and APPEAL DENIED - STAEF INSTRUCTED place for the public hear- ing of Negative Declaration and Appeal #584 of Conditions 6A3 and 6A6 of the approval of Conditional Use Permit ??-26 requiring removal of concrete slabs, and installation of landscaping and underground utilities. Planning Director Charles Zimmerman stated that the Planning Commission approved Conditional Use Permit 77-26 to permit the conversion of four single-family residences and two duplexes to condominiums in the R2 District at 922-926 North Bewley Street; that the Commission conditioned the use with the requirement to underground the utilities and to remove the exist- ing concrete slabs between the northerly and southerly buildings to allow for private fenced patios between the units, and appropriate landscaping. David Bates, 4502 Goldenglow, Irvine, appellant-applicant, described the present situation and how he intends to utilize the existing concrete slabs for private patios for each unit. He stated that there are two utility poles, both quite tall, so that they are not in the field of vision; that they are not objectionable to present tenants and probably would not be to future tenants; that the area's utilities are all overhead; and that his two are well within the boundaries of the property. John State, 926 Bewley, a resident of one of the subject units, stated that the utility poles have not caused any problem for the residents. There bein~ no further speakers, Vice Mayor Ward closed the public hearing. On the motion of Councilman Bricken, seconded by Councilman Ortiz and carried 4:2, with Councilmen Garthe and Yamamoto dissenting, the Negative Declaration was approved and filed, and the City Attorney directed to prepare a resolution denying Appeal #384, approving Conditional Use Permit 77-26 and affirming the decision of the Planning Commission with all requirements except that Condition 6A3 be modified to provide that the Appellant and Planning Department will work out a suitable combination of patio slabs and landscaping that would permit the utilization of the existing concrete slab to the extent possible. CA 13.4 PUBLIC HEARING Vice Mayor Ward announced VA 77-64 - 1727 E. 17TH ST. that this was the time and VARIANCE APPROVED place for the public hearing of Negative Declaration and Variance Application 77-64 for a roof sign at 1727 East Seventeenth Street in the C5 District in connection with a new "Zantigo" restaurant. Planning Director Charles Zimemrman stated that the Planning Commission had approved the roof-mounted sign in view of the development with similar signing on either side of the proposed restaurant; that the proposed roof sign is 24 square feet and the pole sign is 100 square feet; that pole signs are generally 200 square feet; and that the total sign area is less than the maximum allowable. Speaking in favor of the variance was Kenneth Hostetler, 241 North Oak, Orange, owner/developer, who stated that there are about 60 of these restaurants across the country: that they are all designed in the same fashion with the hole sign and the chimney si~n which becomes an integral part of the building; that across the street will be a Fazio's market, on one side a Wendy's and on the other an RB Furniture store. CITY COUNCIL MINUTES 13 JANUARY 3, 1978 There being no further speakers, Vice Mayor Ward closed the public hearing. On the motion of Councilman Ortiz, seconded by Councilman Brandt carried 4:2, with Councilman Yamamoto and Vice Mayor Ward dis- senting, the Negative Declaration was approved and the City Attorney directed to prepare a resolution granting Variance Application 77-64 for a roof sign and outdoor patio dining tables (approved at the December 12, 1977 meeting), and affirm- ing the decision of the Planning Commission. CA 13.3A ORAL COMMUNICATION Janice Boer, 912 North GREAT WESTERN RECLAMATION Lowell, stated that she TRASH CONTRACT was the only private citizen present in 1963 when the bid for the trash collection Contract was opened; that she is a long-time observer of the contractor, "originally a so-called little group of experts who came out of Great Western Title Company"; that the company started with a group of home town men who pro- mised the Council it would always be a home town outfit, whose stock would never be sold; that now we have ended up with a company owned by a group from Boston; that they always come in just before an election to ask for an extension of their con- tract; that she is gSad that 1978 will be the year that the Council will end what has been quite an injustice to the people of this City for quite some time; and that she hopes that the first thing that will be done is to reduce the price of a bin. CA 11.4 ORAL COMMUNICATION ORANGE TOWERS PROJECT Orange Towers Project and the conducted on Park Lane. Mike Flint, 709 East Park Lane, asked for the status of the Environmental Impact Report for the results of the traffic analysis Councilman Bricken responded that a meeting was being scheduled to be held about January 16 to discuss the issues; that one meeting had been held with the architect to discuss what he should be looking at in terms of a response to the City at this point in time; and that the EIR has not yet been filed. CA 78.11 ADJOURNMENT At 8:55 P.M. on the motion of Councilman Brandt, seconded by Councilman Ortiz, carried 6:0 unanimously, the meeting was adjourned by the Vice Mayor. ~ ~LO~NCEI. MALOI~,..~ FLORENCE I. ~LONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 14 JANUARY 3, 1978