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HomeMy WebLinkAbout01-16-1978MINUTES OF THE REGULAR MEETING ' oF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 16, 1978 The meeting was called to order at 2:00 P.M. by Vice Mayor James E. Ward, in the absence of the Mayor, in the City Council Chamber, 22 Civic Center Plaza. Council members present were David F. Ortiz, Harry K. Yamamoto, David L. Brandt, John Garthe and Vice Mayor Ward. Councilman Gordon Bricken arrived at 2:10 P.M.; Mayor Vernon S. Evans was absent. The following members of Staff were present: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Director of Public Works John E. Stevens, Director of Planning 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 Brandt. CONSENT CALENDAR The following items were ITEMS REMOVED & removed from the Consent DISSENTING VOTES Calendar: Items 7 B, 10, 12 F, and 13 by Councilman Yamamoto; Item 12 E by Vice Mayor Ward; and Item 12 D was removed for discussion with Item 69 (Appropriation Adjustments #78 and #?9, Garden Grove Water System Purchase). Dissenting votes were registered by Councilman Yamamoto on Items 4 A, 4 E, and 4 G. CONSENT CALENDAR On the unanimQusly approved STAFF RECOMMENDATIONS motion of Councilman APPROVED Garthe, seconded by Councilman Brandt, Council approved the recommendations of Staff on the following Consent Calendar Items (5:0): MINUTES Approved the Minutes of the Adjourned Regular Meeting of December 12, 1977. BID CALLS Approved plans and specifica- tions and authorized advertise- ment for bids on the following: SPEC 77-101 - Office furnishings - Newhope Branch Library. SPEC 77-098 - Four three-wheeled trucks. SPEC 77-099 - One one-half ton compact pickup truck. SPEC 78-001 - Alteration to north wing of Corbin Center. PROJECT 6134 - Construction of handicap platform at the Stadium. PROJECT 5048 - Traffic signal at 17th & English. PROJECT 5049 - Traffic signal at Fifth and Newhope. PROJECT 8150 - Traffic signal at First & Pacific. CA 89 CITY COUNCIL MINUTES 15 JANUARY 16, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID AWARDS Awarded the following on basis of only responsible and responsive bidder: SPEC 77-019 - One sub-compact automobile replacement; awarded to Dunton Ford, Santa Aha, in the total amount of $3,822.13. Awarded the following on basis of lowest responsible and responsive bidder: SPEC 77-060 - One full-size station wagon; awarded to Santa Aha Dodge, Santa Ana, in the total amount of $5,024.40. SPEC 77-068 - One video player/recorder and monitor receiver; awarded to Videodetics Corp., Anaheim, in the total amount of $3,415.SS. PROJECT 5054 - Modification of traffic signals l?th and Grand; PROJECT 5055 - Modification of traffic signals - Segerstrom & Bristol; PROJECT 5057 - Modification of traffic signals - MacArthur & Bristol; PROJECT S059 - Modification of traffic signals - 17th & Tustin; awarded to Electrend, Inc., Los Angeles, on Alternate A only, in the total amount of $92,809.00. Rejected all bids as non-responsive to the bid specifica- tion, and authorized re-advertising for bids on the follow- ing: SPEC 77-071 - Two compact automobiles. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: LAS CANTINAS, INC. 2058 South Main Street - Original - Type "40" on-sale beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 A) QUALITY BEER DISTRIBUTORS - 720 North Fairview - Person- to-person transfer - Type "09" and "17" beer and wine importer and beer and wine wholesaler. KORT, JOHN A. AND NANCY - 1237 W. McFadden - Person-to- person transfer - Type "20" off-sale beer and wine. KUHNKE, HERBERT L. & DOLORES E. - 2525-G West Seventeenth Street - Person-to-person transfer - Type "21" Off-sale general. PROSCHEK, PAUL - 701 N. Harbor - Person-to-person transfer - Type "42" on-sale beer and wine, public premises. Councilman Yamamoto registered a NO vote. (Agenda Item 4 E) ALPHA BETA COMPANY - 2120 South Bristol - Person-to- person transfer - Type "21" off-sale general. CAMPOS, RODOLFO G. & BLANCA BELTRIN - 310 West Fourth Street - Person-to-person transfer ~ Type "40" on-sale beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 G) FREEMAN, ELBA R. 1019 South Fairview - Original - Type "41" on-sale beer and wine, bona fide public eating place. CA 146 CITY COUNCIL MINUTES 16 JANUARY 16, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued MINOR EXCEPTION following: Approved and filed Notice of Exemption and Zoning Adminis- trator Finding of Fact on the EX 77-36 - Filed by James V. Power to allow on-sale beer and wine in an existing restaurant (Our Hero Sandwich Shop) located within 300 feet of residences at 2206 South Main Street in the C2 District. APPROVED. CA 13.2 DEED NO CASH GRANTOR CITY Approved the following deed and authorized execution by Mayor and Clerk: SUKUT CONSTRUCTION CO., INC. North of Segerstrom, east of Santa Ana River - Relinquishment of drainage easement. CA 155 TENTATIVE PARCEL MAP Approved and filed the Negative Declaration and approved the following map subject to condi- tions contained in Planning Director's report: PARCEL NO. 1038 - Filed on December 20, 1977 by George E. and Frances London creating six Mi parcels; all parcels to be used for industrial purposes, generally located on the south side of Segerstrom, 360 feet west of Harbor Boulevard. CA 25 SURPLUS PROPERTY Declared the following real REPORTS properties surplus and approved the transfer to the Community Redevelopment Agency for the current fair market value set by an independent fee appraiser: SPR 77-11 - PROJECT 1276 First Street Widening; North side of First Street Garnsey to Parton; parcel containing approximately 13,076 square feet. SPR 77-12 - PROJECT 1276 - First Street Widening; Northeast corner First Street and Flower Stree~ spandrel-shaped parcel of approximately 11,9S9 square feet. SPR 77-13 - PROJECT 1349 Flower Street Widening; East side of Flower south of Third Street; parcel containing approximately 375 square feet. CA 45 AGREEMENTS Approved the following agreements and authorized execution by Mayor and Clerk: ORANGE COUNTY BURGLARY PREVENTION INDEX EXTENSION - Between City and State of California Office of Criminal Justice Planning to extend the Grant from December 31, 1977 to March 31, 1978. A-78-4 ENCROACHMENT REMOVAL - Between City and Mike Torigian, Lessee, and Atlantic Richfield Company, Lessor, to remove a pole sign to be constructed in future right of way at 2245 South Main Street. A-78-5 CITY COUNCIL MINUTES 17 JANU%RY 16, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PURCHASE OF REAL PROPERTY FOR CAMPESINO PARK Between City and the City of Garden Grove to purchase three parcels of property at the northeast corner of Fifth and Harper Streets. A-78-6 EXTERIOR HOME REPAIR TRAINING FOR YOUTH COMMUNITY CONSERVATION & IMPROVEMENT PROJECT - Between City and Rodino/Gise Associates to provide training for the program participants. A-78'10 LIABILITY CLAIMS Referred to administration claims received from Decem- ber 27, 1977 to January 9, 1978. CA 65.7b COUNCIL REFERRAL SUMMA RY Received and filed status report of matters referred to Staff by Council. CA 80.2 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * TENTATIVE PARCEL MAP 1040 The motion of Councilman SILVER DRIVE & COOPER STREET Brandt to approve and APPROVED file the Negative Declara- tion and approve the following map subject to conditions contained in the Planning Director's report was seconded by Councilman Garthe, and carried unanimously 5:0: PARCEL NO. 1040 - Filed on December 12, 1977 by David Foster creating three R2 parcels; all proposed parcels to be used for residential purposes; generally located on the southwest corner of, Silver Drive and Cooper Street. (Agenda Item 7B) CA 25 CHANGE ORDER - PROJECT 8505 Councilman Yamamoto's NEWHOPE BRANCH LIBRARY motion to approve the APPROVED following change order was seconded by Council- man Brandt, and unanimously 5:0 carried: PROJECT 8505 -Construct Newhope Branch Library Change Order No. 4 increasing the cost by $3,667.47 or ~9% of the original contract cost to provide for a larger electrical service to operate mechanical units. (Agenda Item 10) CA 89 AGENDA ORDER - AGREEMENT Consideration of a water WATER SYSTEM PURCHASE system purchase agreement POSTPONED TO LATER IN MEETING between the City and Garden Grove was postponed for discussion with Item 69 on the Agenda (Appropriation Adjustments No. 78 and 79). (Agenda Item 12 D) (Minutes Page 25) AGENDA ORDER - AGREEMENT YOUTH COM}4UNITY PROJECT APPROVED seconded by Councilman Ward, was authorized: and its The following agreement was approved by unanimous S:0 vote, on the motion of Councilman Yamamoto, execution by Mayor and Clerk CITY COUNCIL MINUTES 18 JANUARY 16, 1978 YOUTH COMMUNITY CONSERVATION & IMPROVEMENT PROJECT - Between City and Orange County Manpower Commission for the CETA Title III Project. (Agenda Item 12 F) A-78-9 Councilman Bricken arrived at 2:10 P.M. AGENDA ORDER - AGREEMENT Council approved the ENGINEERING SERVICES - A.D. 242 following agreement APPROVED on the motion of ~6uncil- man Ortiz, seconded by Councilman Brandt, and authorized its execution by the Mayor and Clerk. The motion carried 5:1, with Councilman Yamamoto dissenting: PROFESSIONAL ENGINEERING SERVICES Between City and Alderman, Swift and Lewis for services on Assessment District 242 - Progresso and Rosita Areas. A-78-8 (Agenda Item 12 E) CA 90 CERTIFICATE OF CONVENIENCE & The transfer of the Certi- NECESSITY - MAGIC CARPET AMBULETTE ficate of Convenience and APPROVED Necessity to operate two ambulettes in the City, from Henry Hullhorst to Ronald and Betty Rogers was approved, and the Clerk of the Council was directed to issue a Certificate of Convenience and Necessity to operate two ambulettes to Magic Carpet Ambulette, pursuant to the request dated November 1, 1977 from Henry Hullhorst, on the motion of Councilman Brandt, seconded by Councilman Garthe, carried 5:1, with Councilman Yamamoto dissenting. (Agenda Item 13) CA 96 READING WAIVED Councilman Garthe's motion to waive full reading of all ordinances and resolu- tions, the titles 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 Ortiz, and carried unanimously 6:0. ORDINANCE NO. NS-1396 AN ORDINANCE OF THE CITY BINGO OF SANTA ANA AMENDING FIRST READING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE REGULATING BINGO GAMES TO MAKE SAID SECTIONS COMPLY WITH STATE LAW, AND TO LIMIT THE NUMBER OF DAYS PER WEEK WHEN BINGO MAY BE PLAYED, continued from the January 3, 1978 meeting, was placed on first reading on the motion of Councilman Ortiz, seconded by Councilman Bricken, and carried S:l, with the dissenting vote cast by Councilman Yamamoto, CA 91.10 ORDINANCE NO. NS-1394 AN ORDINANCE OF THE CITY TAXICABS & AMBULANCES OF SANTA ANA ADDING CHAPTER AMENDED; FIRST READING 32 TO THE SANTA ANA MUNICI- PAL CODE AND REPEALING CHAPTER 38 RELATING TO VEHICLES FOR HIRE (TAXICABS AND AMBULANCES), continued from January 3, 1978, was amended to add to Section 32-2.21(a) a requirement for a net worth of $1,300 for each taxicab, and was placed on first reading, on the unanimously carried 6:0 motion of Councilman Ortiz, seconded by Councilman Brandt. Prior to the vote on the motion, Verlyn Jensen, Attorney, repre- CITY COUNCIL MINUTES 19 JANUARY 16, 1978 senting Yellow Cab Company of Santa Ana, stated that the ordinance should include a requirement of a minimum net worth for each taxi- cab owned by an applicant. He suggested that Council set a figure which when multiplied by 8, the minimum number of taxicabs a single company must have in order to apply for a taxi permit, would provide a positive net worth for each company, to be reported on the financial statement accompanying the application. CA 26; CA 96 ORDINANCE NO. NS-1380 AN ORDINANCE OF THE CITY CITATIONS FOR CODE VIOLATIONS OF SANTA ANA AMENDING THE ADOPTED SANTA ANA MUNICIPAL CODE BY REPEALING SECTION 16-? 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 placed on second reading and adopted by a 5:1 vote, with Councilman Yamamoto dis- senting, on the motion of Councilman Ortiz, seconded by Councilman Bricken. CA ?9; CA 80 ORDINANCE NO. NS-1403 AN ORDINANCE OF THE CITY FOOD HANDLING PERMITS OF SANTA ANA ADDING ARTICLE FIRST READING X TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING A PERMIT REQUIREMENT FOR FOOD HANDLING ESTABLISHMENTS was placed on first reading, on the motion of Councilman Brandt, seconded by Councilman Garthe, carried 5:1, with Councilman Bricken dissenting. CA 91.11 RESOLUTION NO. 78-2 A RESOLUTION OF THE CITY PLANNING TECHNICIAN COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION NO. 58-281 TO ADD THE NEW CLASS TITLE OF PLANNING TECHNICIAN AUTHORIZED IN THE 1977-78 ANNUAL BUDGET was adopted, and the Classification Specifi- cation for Planning Technician was approved, on the unanimously carried 6:0 motion of Councilman Garthe, seconded by Councilman Brandt. CA 50.1 RESOLUTION NO. 78-3 A RESOLUTION OF THE CITY CUP 77-26 922-926 N. BEWLEY COUNCIL OF THE CITY OF ADOPTED SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 77-26, TO ALLOW CONDOMINIUM CONVERSIONS AT 922-926 NORTH BEWLEY STREET AND DENY- ING APPEAL NO. 384, implementing Council action of January 3, 1978, was adopted by unanimous 6:0 vote, on the motion of Council- man Brandt, seconded by Councilman Garthe. CA 13.4A RESOLUTION NO. 78-4 A RESOLUTION OF THE CITY VA 77-64 - 1727 E. 17TH STREET COUNCIL OF THE CITY OF ADOPTED SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION APPROVING VARIANCE NO. 77-64, TO ALLOW A ROOF SIGN AND PATIO DINING AT 1727 EAST SEVENTEENTH STREET, implementing Council action of January 3, 1978, was adopted on the motion of Councilman Brandt, seconded by Councilman Ortiz, carried 4:2, with Councilman Yamamoto and Vice Mayor Ward dissenting. CA 13.3A CITY COUNCIL MINUTES 2O JANUARY 16, 1978 RESOLUTION NO. 78-6 A RESOLUTION HONORING HONORING ART WEAVER ARTHUR D. WEAVER, Outgoing ADOPTED President of the Greater Santa Ana Chamber of Commerce, was adopted by unanimous 6:0 vote, on Councilman Yama- moto's motion, seconded by Councilman Garthe. CA 73B A.B. 1852 SUNDESERT Staff was directed to NUCLEAR POWER PROJECT prepare letters for the LETTER OF SUPPORT AUTHORIZED Mayor's signature in support of the Sundesert Nuclear Power Project on the unanimously approved motion 6:0 of Councilman Garthe, seconded by Councilman Brandt. The motion was Council's response to a written request, dated January S, 1978, from Mayor D. Verner Gibson, of the City of Burbank, requesting that letters of support be sent to Santa Aha Assem- blymen and State Senator and to Mr. Richard L. Maullin, Chair- man of the State Energy Resources Conservation and Development Commission. CA 57 PETITION - SPEEDING PROBLEM A petition, dated Novem- ON STANFORD STREET her 8, 1977, signed by REFERRED TO STAFF 24 residents of the 2400, 2500 and 2600 blocks on West Stanford Street, requesting Council to solve the problem of speedsters on Stanford Street, was referred to Staff for report and recommendation, on the unanimously approved 6:0 motion of Councilman Bricken, seconded by Councilman Yamamoto. The spokesman for the petitioners is Mr. Paul Robles, 2518 W. Stanford Street. CA 18.3; CA 151.5 VANDALIZED RESIDENCES ON The final report dated S. HESPERIAN FINAL REPORT January 4, 1978 prepared RECEIVED AND FILED by Wendell S. Bril, Director of Building Safety, regarding the vandalized residences in the 700-900 block on South Hesoerian Street. was received and filed on the unanimously a~roved motion 6:0 of Councilman Ortiz. seconded by Councilman Brandt. Mr. Bril reported that rehabilitation had been completed and the residences at 818 and 902 South Hesperian have been occu- pied since July 1S, 1977 and July 25, 1977, respectively; and that although the residence at 723 South Hesperian is still unoccupied with windows barricaded, the property has been repaired to remove all health and safety violations and rehabili- tated to the satisfaction of the Court. CA 87 REORGANIZATION OF REC. & PARKS The final report, dated DEPARTMENT - FINAL REPORT January 16, 1978, prepared RECEIVED & FILED by Director of Recreation and Parks Robert E. Gresh- am regarding the reorganization of the Department, was received and filed on the unanimously approved 6:0 motion of Councilman Bricken, seconded by Councilman Ortiz. Mr. GreshRm reported the status of personnel appointments as follows since the sub- mittal'of the last report to Council on July 5, 1977: Park/Tree Superintendent appointed December 1, 1977 Zoo Curator to be appointed mid-January, 1978 Leisure Services Manager (formerly Facilities Manager) appointed mid-January, 1978 Horticulture Supervisor appointed December 16, 1977 to be CITY COUNCIL MINUTES 21 JANUARY 16, 1978 The Director's report also described accomplishments in the following programs: tree well renovation, redistribution of budget, recreation, tree trimming, medians, stadium renovation and therapeutic recreation and boxing. The Director recommended that consideration be given to exploring a potential bond issue for funding Major Capital Projects and he indicated that Staff would develop a priority listing of potential projects suitable for a bond issue for submittal to the Board of Recreation and Parks prior to start of the 1978-79 budget year. CA 52 MINORITY UNEMPLOYMENT REPORT The report, dated Janu- RECEIVED AND FILED ary 10, 1978, prepared by Keith E. Blunt, Manpower Project Coordinator, regarding Minority Employment, requested by Council on Decem- ber 20, 1977 was received and filed on the unanimously approved motion 6:0 of Councilman Ortiz, seconded by Councilman Brandt. Mr. Blunt reported that the minority and racial mix of the City's CETA (Comprehensive Employment Training Act) participants is in line with their representation in the community at large; that the City's unemployment rate has declined steadily over the past three years from 8.4% to 4.4%; and that the CETA Pro- gram has provided a source of income, stability and training for many of the City's unemployed minority residents. CA 131.11 ZOO ATTENDANT POSITION Council approved rein- REINSTATED statement of the eliminated Zoo Attendant position, effective January 16, 1978, on the motion of Councilman Brandt, seconded by Councilman Garthe~ which carried 5:1, with Councilman Yamamoto dissenting. The motion was recommended in a report dated January 5, 1978, prepared by Robert E. Gresham, Director of Recreation and Parks. The Director stated that reinstatement of the position would improve supervisorial coverage at Prentice Park Zoo. CA 52.3 CA 50.1 MINNIE-STANDARD STREET - REPORT The status report, NEIGHBORHOOD PROBLEMS dated January 10, 1978 FILED; PROPOSED ORDINANCE REFERRED prepared by Deputy City City Manager Manuel Rede, regarding the health-related problems in the Minnie-Standard Street Apartments was received and filed on the unanimously approved 6:0 motion of Councilman Bricken, seconded by Council- man Ortiz. Mr. Rede reported that Building and Fire Department personnel had inspected 180 of the 600 Minnie Street Apartments and prelimin- ary indications are that there are few major Building Code violations, although the data collected are still being analyzed; that meetings with tenants and landlords are being scheduled; that there have been no new cases of primary syphilis in Minnie Street area since December 17; and that high law enforcement visibility in the area is continuous. A motion by Councilman Bricken, seconded by Councilman Brandt, for purposes of discussion, to direct Staff to prepare a property maintenance ordinance for multiple dwelling units and to present the ordinance to the Human Relations and Planning Commissions for their review and recommendations prior to formal considera- tion by City Council, failed to pass on the following roll call vote: CITY COUNCIL MINUTES 22 JANUARY 16, 1978 AYES: Bricken, Yamamoto NOES: Brandt, Garthe, Ward, Ortiz ABSENT: Evans Councilman Brandt moved, and Councilman Ortiz seconded, a motion directing Staff to bring back to Council the property maintenance ordinance prepared some two years ago, along with a compilation of ordinances presently available in the City's Code that deal with the subject matter so that Council can determine whether or not the necessary tools are already available and what, if any- thing, needs to be added. The motion carried unanimously 6:0. CA 99.3 CA 87 CITIZEN CONCERNS - REPORT The report dated January 11, EL SALVADOR PARK 1978, prepared by Director RECEIVED & FILED of Recreation and Parks Robert Gresham, was received and filed on the unanimously approved 6:0 motion of Councilman Bricken, seconded by Councilman Ortiz. The report identified the concerns, regarding E1 Salvador Park and Center, that had been presented to the Board of Recreation and Parks, by the Artesia Neighbors, chaired by Joe Gomez, and how these concerns had been addressed by the Board. The subjects included staffing, basketball and handball courts, new recreation programs, a gymnasium feasibility study, building expansion, equipment repairs and new equipment and security and tutoring programs at E1 Salvador Park. CA 52 POLICE BUILDING Councilman Brandt, Chair- ORAL REPORT man of the Police facility RECEIVED Citizens Advisory Committee, reported that the first two meetings of the Committee have been basically educational, to familiarize the Committee with the Police Department Space Needs Study, prepared by Grillias-Pirc-Rosier-Alves, and to tour the present police facility late in the evening and during the day. Councilman Brandt stated that no formal action had been taken yet; that some of the subjects the Committee will be con- sidering at future meetings include whether or not a new facility is desirable and if so, how and where; and that after looking at the present facility and how it is used, the consensus is that more space is necessary. CA 47 CA 77A EIR - COSTA MESA Staff was authorized to SOUTH COAST TOWN CENTER forward a letter to the RESPONSE AUTHORIZED; RES.78-7 ADOPTED City of Costa Mesa from Vice Mayor Ward, trans- mitting Santa Ana's report and comments relative to the Draft Environmental Impact Report for the expansion of the South Coast Town Center in Costa Mesa, on the unanimously approved 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. The report cited increased traffic volumes on Bristol and Main Streets as the most serious impacts, and other concerns included addi- tional public safety workload and response time, growth induce- ment and noise and shadow impacts on existing residences. The transmittal letter reouests that the Draft BIR be modified in terms of corrections and/or ~rooosals for incorporation of workable and acceptable mitigation measures. Acting on a related recommendation by the City Manager, to request the Orange County Board of Supervisors to assume the leadership CITY COUNCIL MINUTES 23 JANUARY 16, 1978 to initiate a study of the traffic problems in the County's central area, Council unanimously adopted 6:0 the following resolution, after the title was read, on the motion of Council- man Brandt, seconded by Councilman Garthe: RESOLUTION NO. 78-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE COUNTY OF ORANGE TO ACT AS THE LEAD AGENCY IN THE STUDY AND EVALUATION OF HIGHWAY TRAFFIC CAPACITIES WITHIN THE CENTRAL/SOUTHERN ORANGE COUNTY AREA. The City Manager stated that similar resolutions were under consideration by the cities of Costa Mesa and Irvine. CA 78.12 CA 112 PRO-RATED TRANSPORTATION CHARGES Acting on the recommenda- FOR MUSEUM EXHIBIT tion contained in the PAYMENT AUTHORIZED report dated January 9, 1978 prepared by Reilly Rhodes, Museum Director, Council authorized the Director to pay the pro-rated charges for Exhibit #77-12, to the American Feder- ation of Arts for the exhibition, "Survival: Life and Art of the Alaskan Eskimo", in the amount of $2,800, on the unanimously carried motion 6:0 of Councilman Garthe, seconded by Councilman Brandt. CA 85 APPROPRIATION ADJUSTMENT NO. 70 Acting on the recommenda- APPROVED; MUSEUM CURATOR tion contained in the report -~ON) POSITION AUTHORIZED dated January 12, 1978 prepared by Reilly Rhodes, Museum Director, Council authorized the certification of one additional position of Museum Curator (Education) for fiscal year 1977-78; and approved Appropriation Adjustment #70, transferring $9,100 from the Museum Capital Account 51-221-641 to the Museum Operating Account 11-221-111 to cover the costs of the position, on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 5:1, with Councilman Ortiz dissenting. CA 65.3 APPROPRIATION ADJUSTMENT NO. 71 Acting on the recommenda- MUSEUM COMMUNICATIONS tion contained in the APPROVED report dated January 10, 1978, prepared by Reilly Rhodes, Museum Director, Council approved Appropriation Adjust- ment No. 71, transferring $1,900 from Museum Machinery and Equipment Capital Account 51-221-641 to Museum Communications Operating Account 11-221-211, to cover the cost of advertising in the "Guest Informant", to be placed in 24 major hotels in Orange County, on the motion of Councilman Brandt, seconded by Councilman Bricken and carried S:l, with Councilman Ortiz dis- senting. CA 65.3 APPROPRIATION ADJUSTMENT NO. 73 Acting on the recommenda- POLICE RECORDS SYSTEM tion of the report dated APPROVED January 4, 1978 prepared by Sergeant J. Davis, Council approved Appropriation Adjustment No. 73, to transfer $2,110 from the Police General Fund Account 011-343-291 to the Police Consolidated Records System Grant Account 138-911, as a cash match to fund the balance of the project, on the unanimously carried motion 6:0 of Councilman Garthe, seconded by Councilman Brandt. CA 65.3 CITY COUNCIL MINUTES 24 JANUARY 16, 1978 APPROPRIATION ADJUSTMENT NO. 74 Acting on the recommenda- MUSEUM MOSAICS EXHIBIT tion of the report dated APPROVED January 9, 1978, prepared by Museum Director Reilly Rhodes, Council approved Appropriation Adjustment No. 74, trans- ferring $4,945 from the Museum Building Capital Account 51-221- 621 to the Museum Training and Transportation Operating Account 11-221-221 to pay the outgoing transportation charges for the Tunisian Mosaics exhibit to the Smithsonian Institution, Washing- ton, D.C. on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. CA 65.3 RECESS six members present. At 3:35 P.M. Vice Mayor Ward declared a recess; Council reconvened at 3:47 P.M. with the same APPROPRIATION ADJUSTMENT NO. 75 Acting on the recommenda- CETA PROGRAM tion of the report dated APPROVED January 10, 1978, prepared by Keith Blunt, Manpower Project Coordinator, Council approved Appropriation Adjustment No. 75, to bring Comprehensive Employment Training Act (CETA) carryover funds into the City budget to implement Council's approval of a subcontract agreement modification with Rancho Santiago Community College District for services for the Assessment and Referral Center) to increase the funding level by $21,000 from $64,365 to $85,365, on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. CA 65.3 AGREEMENT & A.A. NO. 78 & 79 Consideration of the GARDEN GROVE WATER SYSTEM PURCHASE agreement between the CONTINUED City and Garden Grove for the purchase of that portion of the Garden Grove Water System within the City of Santa Ana for the sum of $646,000 and Appropriation Adjust- ments Nos. 78 and 79, to enable the City to encumber the full amount of the purchase price, were continued to the February 6 Council meeting, on the unanimously carried motion 6:0 of Councilman Bricken, seconded by Councilman Ortiz. A prior motion to. approve Appropriation Adjustments Nos. ?8'and 79, made by Councilman Yamamoto and seconded by Councilman Brandt, failed to carry (five affirmative votes were required) on the following roll call vote: AYES: Ward, Brandt, Garthe, Yamamoto NOES: Ortiz, Bricken ABSENT: Evans The following written documents pertaining to the purchase pro- vided information for discussion purposes: 1. A report dated January 12, 1978 prepared by John Stevens, Director of Public Works 2. A memorandum dated January 13, 1978 prepared by City Attorney Keith Gow CITY COUNCIL MINUTES 25 JANUARY 16, 1978 The continuance will provide the time necessary for the City Attorney to identify and communicate with the water system bondholders to secure their approval of the sale in order to provide clear title for the proposed purchase. CA 65.3 CA 12 ORAL COMMUNICATION - LOWER SANTIAGO CREEK STAFF INSTRUCTED Board of Supervisors Environmental Impact EIR Acting on the recommenda- tion of the City Manager, Staff was instructed to advise the Orange County that it is Council's opinion that the Report for the Lower Santiago Creek Project is incomplete because it has not addressed the concerns of the Santa Ana property owners along the creek, on the unanimously carried motion 6:0 of Councilman Bricken, seconded b9 Vice Mayor Ward. The City Manager reported that the Board was scheduled to have a hearing on the EIR tomorrow, January 17. The Santa Aha residents are opposed to plans for bike and equestrian trails along the creek and the flood control design. CA 112.16 CA 53 ORAL COMMUNICATION A request from Paul SPEEDING ON STANFORD STREET Robles, 2518 West Stan- REFERRED TO STAFF ford Street, to eliminate the speeding problems on West Stanford Street as quickly as possible in order to avert further injury and possible death, was referred to Staff by unanimous informal agreement of the Council. Vice Mayor Ward explained that the petition on the subject signed by Mr. Robles and other residents on West Stanford, had been referred to Staff for report and recommendation earlier in the meeting. CA 18.3 ORAL COMMUNICATION The City Attorney reported SADIE REID VS. CITY OF SANTA ANA that the City's motion ATTORNEY'S REPORT RECEIVED for summary judgment before the Los Angeles U.S. District Court had been granted, and the Judge had held the at-large voting system to be Constitutional. CA 139 RECESS Ward. The meeting reconvened at present except for Mayor Evans. At 4:26 P.M. the meetin~ was recessed for dinner at the Hungry TiBer Restaurant by Vice Mayor 7:30 P.M., with all Councilmen PLEDGE OF ALLEGIANCE INVOCATION Allegiance to the Flag. The Invocation was given by Dr. Norman Conner of the First Christian Church, following the Pledge of CA 80.17 RESOLUTION OF COMMENDATION Councilman Bricken pre- & CITY TILE PRESENTED TO sented a City Seal Tile RONALD E. WOLFORD plaque to Ronald B. Wol- ford, former Assistant City Manager and Director of Public Works, in appreciation of his service to the City, and Supervisor Philip Anthony presented Mr. Wolford with a Resolution of Commendation from the Orange County Board of Supervisors for his contributions to the Arterial Highway Financing Program. After sixteen years of City service, Mr. Wolford resigned effective December 31, 1977 to accept employ- ment in the private sector. CA 73B CITY COUNCIL MINUTES 26 JANUARY 16, 1978 FESTIVAL OF LEARNING Councilman Garthe pre- PROCLAMATION PRESENTED TO sented a Proclamation SUSAN BRENNER declaring January 21 through February 5, 1978 as "Festival of Learning Days" to the program founder, Mrs. Susan Brenner. The Festival provides a learning and performing opportunity to Orange Countians who are gifted in operatic and classical music. CA 46 PUBLIC HEARING - SALES ON Vice Mayor Ward announced PRIVATE PROPERTY - ORDINANCE NS-1402 that this was the time ADOPTED and olace for the public hearin~ on the Negative Declaration and proposed Ordinance NS-1402, prohibiting display of vehicles, vessels and other personal property for sale on private property not licensed for such sales. Planning Director Charles Zimmerman stated that Council is fami- liar with the basic issue, that is the citywide display and sales of vehicles and vessels from various parking lot locations within the City which were not either zoned or licensed for said activity; that the proposed ordinance would prohibit such display and sales at locations which are not zoned or licensed for that activity; and that the ordinance will not preclude that activity on private property belonging to, or occupied by, the owner of such vehicle, vessel or personal property. There were no proponents or opponents, and no one desired to address the Council on the subject. Vice Mayor Ward closed the public hearing. On the motion of Councilman Garthe, seconded by Councilman Ortiz, and carried unanimously 6:0, the Negative Declaration was approved and filed, and the following ordinance was placed on second read- ing and adopted: ORDINANCE NS-1402 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 41- 613.1 PROHIBITING DISPLAY OF VEHICLES, VESSELS, AND OTHER PERSONAL PROPERTY FOR SALE. CA 18.7 PUBLIC HEARING - APPEAL #585 Vice Mayor Ward announced MINOR EXCEPTION ??-35 that this was the time and 800 N. TUSTIN - DENIED place for the public hear- ing of Notice of Exemption and Appeal #385 of the Zoning Administrator's denial of Minor Exception ??-35, to allow sale of beer and wine in a proposed restaurant "Ship Ahoy" in the Limited Professional (LP) District at 800 North Tustin Avenue. Planning Director Charles Zimmerman stated that the hearing had been continued from the January 3 meeting to determine whether or not the Council could restrict the restaurant to the sale of beer and wine only, regardless of its ownership, and to provide more information relative to the floor plan of the restaurant and the good intent of the application. Council was provided with the following informational documents: 1. A report from the Planning Department dated January 11, 1978; 2. A letter from William E. Gummerman, Attorney for the Applicants, Mr. and Mrs. Kamran Hussni, dated January 10, 1978; CITY COUNCIL MINUTES 27 JANUARY 16, 1978 o Petitions, signed by 981 members and supporters of the Calvary Church and school, requesting Council to do everything in its power to prohibit the licensing of off-sale and on-sale alcoholic beverages within 300 feet of the church and school property. Vice Mayor Ward opened the hearing. The following person spoke in favor of the Appeal: William Gummerman. Attorney. 16152 Beach Blvd., HuntinRton Beach He stated that the proposed restaurant would not in any way inter- fere with the church operations; and that its nature and location would in no way create a problem for the church facilities. The following persons spoke in opposition to the Appeal: Bill Grant, 13592 Wheeler Place, Tustin Sam Talbert, 1417 N. Olive Gerald Bauer, 810 E. Palmyra, Orange Lyle Castellow, 14141 Brenda Way Ron Smith, 13341 Prospect Mark Bucher, 11132 Hunting Horn The opponents presented additional petitions with 176 signatures Mr. Grant, Business Administrator of the Calvary Church, described the Church programs and a planned expansion which will include a family center building with a gym, school, church offices and a library. He stated that many of the programs are for young people who will be using the church facilities during day and evening hours; that the sale of alcoholic beverages in such close proximity to the facilities would lead to some offensive encoun- ters; and that 90 parking spaces at the restaurant would be insufficient if it is as successful as the Newport Beach Crab Cooker. The other speakers also expressed the need and desire to provide the young people as well as the church membership with a positive environment and it was stated that the greatest drug problem today is alcohol. All of the speakers urged the Council to deny the Appeal because alcoholic beverage sales would not be desirable. In rebuttal Mr. Gummerman stated that the restaurant will have reasonably early closing hours; that the very nature of the restaurant will work against heavy drinking; that it will be a community asset; and that it would offer no interference with the church and its activities. Vice Mayor Ward closed the public hearing. Council approved and filed the Notice of Exemption and directed the City Attorney to prepare a resolution denying Appeal #385, denying Minor Exception 77-35 and affirming the decision of the Zoning Administrator, on the motion of Councilman Yamamoto, seconded by Councilman Brandt, and carried 5:1, with Councilman Ortiz dissenting. CA 13.2 CITY COUNCIL MINUTES 28 JANUARY 16, 1978 AGENDA ORDER Council considered Agenda RESOLUTION 78-5 17TH STREET Item 81, Petition for Delay PARKING RESTRICTIONS - CONTINUED of Parking Restrictions on Seventeenth Street, follow- ing a motion by Councilman Garthe, seconded by Councilman Ortiz, to depart from the order of the Agenda. The motion carried 5:1, with Councilman Bricken dissenting. Eugene Katnik, Attorney, 1205 North Broadway, requested Council to continue for 60 days the following resolution, which would prohibit parking on both sides of Seventeenth Street from the Santa Ana Freeway to Tustin Avenue, to become effective 180 days after adoption: RESOLUTION 78-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROHIBITING PARKING ON SEVENTEENTH STREET BETWEEN THE SANTA ANA FREEWAY AND TUSTIN AVENUE. CA 18 He stated that the continuance would give the businessmen affected an opportunity to make their own analysis and obtain recommenda- tions from traffic experts which would then be presented to the City Council. Resolution No. 78-5 and its related report, dated January 9, 1978, prepared by Joe Foust, were continued to March 20, 1978 on the motion of Councilman Garthe, seconded by Councilman Ortiz, and carried 5:1, with Councilman Yamamoto dissenting. REQUEST FOR REVIEW OF Vice Mayor Ward announced RESOLUTION NO. 77-140 ABORTION that in response to a NO ACTION written request dated January 5, 1978 from Paul Blachowski, 1641 West Tenth Street, Council had allotted this time to listen to residents' comments regarding Council's adoption on December 19, 1977, of Resolution No. 77-140, opposing the practice of abortion. The following people spoke against the resolution: Lyn Walker, 615 S. Main Street Richard Sharp, 809 West Myrtle Mindy Friedman, M.D., 1641 W. 10th Drucina L. Cornell, 1127-1/2 Third Street Norma Chinchilla, 401 E. Bishop The opponents to the resolution stated that women's rights and health care were not adequately considered by Council prior to adoption of the resolution; that there have always been abortions but they were only for the rich; that by adopting the resolution Council has decided that the opportunity to have abortions should be denied to poor, working and minority women, and it is an attack on their rights; that the resolution should be rescinded in favor of supporting the right of all women to have abortions at their choice; that restrictive abortion laws only eliminate the practice of legal abortion and do not eliminate the widespread practice of abortion; that legalization of abortion, under decision of the U.S. Supreme Court, has resulted in a decline in abortion deaths, reduction in maternal mortality, improvement in maternal health, lowered perinatal mortality rates and a decrease in high risk out-of-wedlock births. Many of the speakers are affiliated with abortion clinics, social services and counseling centers and spoke of their first-hand knowledge and experience with the subject. CITY COUNCIL MINUTES 29 JANUARY 16, 1978 The following people spoke in favor of the resolution and against its recission: Gloria Butler, 18297 San Jose St., Fountain Valley Edward J. Allen, 2510 French Street Richard Keesee, 2928 W. McFadden Richard Mitchell, 2640 N. Oakmont Robert Sassone, 900 N. Broadway Those in favor of the resolution stated that there is an alternative to abortion and information can be obtained at the Life Center, 311 South Main; that Council should stand by its decision; that no one has any right that interferes with the right of another; that a pregnant woman has no divine or human right to interfere with the promise of the life of her baby; that the right to life is sacred; that babies have rights, with very few people to speak for them; that abortions can cause defects in future chil- dren; that there are many waiting to adopt unwanted children. There were no other speakers and the Vice Mayor closed the testi- mony. Councilmen Ortiz and Bricken reaffirmed the Council's position. Vice Mayor Ward stated his opinion that the entire subject is not a City issue and there was no further action. CA 151 ORAL COMMUNICATION Nathan Hill, 209 E. 20th CIRCULATION OF CARTOON FLYER Street, representing the IN POLICE DEPARTMENT Coalition of Santa Ana Community Organizations, read a prepared statement citing the recent circulation within the Police Department of a cartoon-flyer, allegedly derogatory to Blacks, the basis for his request that Council instruct Staff to provide certain information listed in the prepared statement, including the timing of the administrative action taken in the cartoon-flyer matter, the data base for community oriented Police statistics, data base of Police arrests with ethnic factors con- trolled for, from 1974 to present, allegations of Police abuse from 1974 to present, and other Police policy and operations information. Mrs. Scottie Biddle, 1518 West Pine, Vice President of the local Chapter of the National Association for the Advancement of Colored People (NAACP) stated that there had been several incidents of police brutality in the Black Community that she had brought to the attention of the Police Department and others, during the latter part of 1976 and 1977 for Committee review, and that the request had been deemed "unwarranted" by the officer she spoke with at that time. She suggested that police abuse of authority should receive the same kind of publicity and attention that the accomplishments of the COP program have received throughout the Country. Clint Rogers, 1519 W. Wilshire, stated that the officer who was responsible for the cartoon-flyer should be dismissed from the Department. Charles Mosley, 1133 South Spruce, stated that this incident is being used as a vehicle to express other problems in the com- munity mainly due to lack of communication, and that other under- lying aspects should be looked into. He suggested that other individuals be sought out and encouraged to comment and discuss their observations and concerns. The statement read by Mr. Hill was referred to Staff for a report and recommendations, to come back to Council on February 21, on the unanimously approved motion 6:0 of Councilman Ortiz, seconded by Councilman Garthe. CA 47 CITY COUNCIL MINUTES 30 JANUARY 16, 1978 ORAL COMMUNICATION Miles Leach, 2025 West WASHINGTON STORM DRAIN Tenth Street, stated REFERRED TO STAFF that the newly installed Washington Street storm drain is not properly draining the area of Washington and English Streets because there are only two openings in the new drain that are taking in the water caused by the recent storms. Mr. Leach was referred to Staff. CA 70 ORAL COMMUNICATION Jeff Gray, 1030 North REQUEST TO MAINTAIN RACCOON Olive, stated that he REFERRED TO STAFF has kept a pet raccoon at his residence for the past nine months without any problem; that the raccoon is now in the Orange County Animal Shelter and will not be released; that the City's Municipal Code classifies a raccoon as a wild animal; that unless Mr. Gray obtains the Council's permission to maintain the raccoon within the City limits, which the Municipal Code prohibits, or agrees to take the raccoon out of the County, the Animal Shelter will not release the animal to him. The request was referred to Staff for report and recommendation at the next meeting (January 24, 1978), on the unanimously approved 6:0 motion of Councilman Yamamoto, seconded by Council- man Brandt. CA 95 ADJOURNMENT of Councilman Brandt, seconded by At 10:40 P.M., the meeting was adjourned on the unanimously approved motion 6:0 Councilman Garthe. fLORENCE I. MALON~ ~LERL~BKNoCEF ~E~Lo~NN~iL- ~ --~ CITY COUNCIL MINUTES 31 JANUARY 16, 1978