Loading...
HomeMy WebLinkAbout02-06-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 6, 1978 The meeting was called to order by Mayor Vernon S. Evans at 2:05 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, James E. Ward, and Mayor Evans. Councilman Bricken arrived at 3:37 P.M. The following members of Staff were also present: 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 Mayor Evans. CONSENT CALENDAR The following items were ITEMS REMOVED & removed from the Consent DISSENTING VOTES Calendar: Items 10 B and 10 D by Councilman Garthe; Item 12 C by Councilman Brandt; and Item 6 D requested by a party to the escrow, Leslie Badin Jr. Dissenting votes were registered by Councilman Yamamoto on 4 Councilman Ward on 4 E, 6 A, 7 C; and by Mayor Evans on 3 B, 3 G, and 5 D. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED the Staff recommendations on the On the unanimously approved 6:0 motion of Councilman Ward, seconded by Council- man Garthe, Council approved following Consent Calendar Items: MINUTES Approved the Minutes of the Regular Meetings of December 19 and December 27, 1977 and the Adjourned Regular Meeting of December 21, 1977. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: SPEC 77-094 - One gasoline storage tank and pump to be installed at Station 5, 120 West Walnut. SPEC 78-002 - 225 KVAR capacitors (to improve efficiency of power use). SPEC 78-003 - Labor and material to install equipment on new police cars. SPEC 78-005 - Water alarm system for City Hall. SPEC 78-006 - Smoke detection system for City Hall. PROJECT 1373 - Widening of Flower Street between Civic Center Drive and 17th Street. CITY COUNCIL MINUTES 35 FEBRUARY 6, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PROJECT 2054 - Widening of MacArthur Blvd. from Southern Pacific Railroad to 130 feet west; and PROJECT 1399 - Improvement of Newhope Street at the Newhope Branch Library. PROJECT 5061 - Illuminated street name signs installa- tion. PROJECT 8144 - Construction of automatic irrigation system at various school and park sites; and PROJECT 6132 - Sodding at various school and park sites. PROJECT ?20? - Construction of baseball backstop at Jerome Park. PROJECT 8315 - Edinger median renovation. tion Adjustment No. 80) (Appropria- CA 89 Approved plans and specifications and authorized adver- tisement for bids, and also approved Supplement No. 1 to the City's Master Agreement with CALTRANS for the Federal Aid Safety Funds Program, on the following bid: PROJECT 2060 - Pavement marking demonstration project on arterial highways. A-78-25; CA 89 BID AWARDS Awarded the following on basis of lowest responsible and responsive bidder: SPEC 77-062 Two office trailers; awarded one 10' x 40' office trailer to Design Space International, Irwin- dale, in the amount of $6,661.76; awarded one 10' x 20' office trailer to Scotsman Mfg. Co., Inc., Long Beach, in the amount of $4,544.84. SPEC 77-081 Flower Street Park "Ghosttown Facade" play equipment; awarded to Patterson-Williams, Santa Clara, in the to~al amount of $7,308.70. Mayor Evans registered a NO vote. (Agenda Item 3B) SPEC 77-095 Tree removal; awarded to Expert Tree Service, Bloomington, for base bid of 130 trees and the add-on alternate of 22 trees, for a total amount of $26,448.00. SPEC 77-102 ler-Plymouth, $7,224.29. One sedan; awarded to Lyle D. Roy Chrys- Santa Ana, in the total amount of SPEC 78-004 - Fire turnout clothing, 162 pants, 132 jackets; approved purchase from Lion Uniform, Inc., Janesville Apparel Division, Dayton, Ohio, for a total price of $21,330.80, including tax. PROJECT 6131 - Construction of Fourth Street (down- town) planters; awarded to L. I. Smith Co., La Habra, in the total amount of $30,886.00 for Base Bid and Add-on Alternatives iA and 2. CITY COUNCIL MINUTES 36 FEBRUARY 6, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PROJECT 6155 Construction of County Jail fencing; awarded to Masonry Engineers, Long Beach, in the amount of $40,425.9S. Mayor Evans registered a NO vote. (Agenda Item 5 G) PROJECT 8108 - Construction of Bear Street bike trail (median and landscaping); awarded to Sully-Miller Con- tracting Co., Orange, in the amount of $52,804.28 for Base Bid and Add-on Alternative 2 B, $, and 6. PROJECT 4037 Construct P-2A storm drain, and PROJECT 1400 - Pavement in MacArthur Blvd. between Flower and Main Streets; awarded to Fleming Engineering, Cerritos, in the amount of $212,788.00. CA 89 ALCOHOLIC BBVBRAGE LICENSE APPLICATIONS Received and filed Staff report of the following: MAYER, Alice O. - 5021 West Edinger - Person-to-person transfer - Type "41" on-sale beer and wine (bona fide public eating place). YOUR HOST, INC. - 1602 East First Street - Person-to- person transfer - Type "47" on-sale general (bona fide public eating place). SOMBRERO STREET, INC. - 719 North Main Street - Original Type "4?" on-sale general (bona fide public eating place). CA 146 TOZAI INTERNATIONAL CORP. - 1717 South Main Street Premises-to-premises transfer - Type "47" on-sale general (bona fide public eating place) PROTEST - Minor Excep- tion required - Planning. CA 146.1 ROSSI, Thomas R. 2235 South Bristol - Original - Type "21" off-sale general. Councilman Ward registered a NO vote. (Agenda Item 4 E) CERMAK, Fred R. and Florence M. 2428 North Grand Avenue "E" - Original Type "47" on-sale general (bona fide public eating place). GOLDEN GREEK, INC. 2513 W. Edinger Ave. - Person-to- person transfer - Type "42" on-sale beer and wine (public premises). Councilman Yamamoto registered a NO vote. (Agenda Item 4 G) DIAZ, Carlos 2721 West 17th St. Person-to-person transfer - Type "41" on-sale beer and wine (bona fide public eating place). MONTGOMERY, John off-sale general. 2818 W. Warner - Original - Type "21" CA 146 CEJA, Jose 116 East Fourth Street - Original - Type "41" on-sale beer and wine (bona fide public eating place) PROTEST - Police. CA 146.1 CITY COUNCIL MINUTES 37 FEBRUARY 6, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued VARIANCES & CONDITIONAL USE PERMITS sion Findings of Fact, on Approved and filed Negative Declarations and Notice of Exemption, and Planning Commis- the following: NEGATIVE DECLARATION & VA 77-68 - Filed by Charles A. Beck to construct seven residential units at 5016 West Fifth Street in the A1 District. APPROVED. NEGATIVE DECLARATION & VA 77-71 - Filed by GCR Development, Inc. to modify VA 76-86, waiving a portion of the required parking for a proposed commercial development, at 3931 South Bristol in the RI District. APPROVED - 2-story commercial building with S% parking reduction. NEGATIVE DECLARATION & VA 77-73 - Filed by Don E. Porter to construct a commercial building waiving the required 10-foot rear yard, allowing canopy signs, eliminating a required 6-foot high wall and allowing two sub-standard parking spaces at 310 North Tustin in the C5 District. APPROVED. CA 13 NEGATIVE DECLARATION & CUP 77-40 Filed by the Seventh Day Adventist Church to allow conversion of an existing medical building to a church at 2101 West Edinger Avenue in the RI District. APPROVED. Mayor Evans registered a NO vote. (Agenda Item 5 D) NEGATIVE DECLARATION & CUP 77-41 Filed by Whitmor Homes to construct a 74-unit condominium development, modifying CUP 77-22 by adding six units, at 4910 West Fifth Street in the A1 District. APPROVED. NOTICE OF EXEMPTION & CUP 77-42 - Filed by Daon Corp. to convert a 2S6-unit apartment complex into condomin- iums in the R4 District at t001 W. Stevens. APPROVED. CA 13.1 DEEDS WITH CASH & ESCROW GRANTEE CITY with the purchases: Approved the following deeds and authorized Mayor to sign all necessary documents in connection WADE, Elizabeth W, - Northwest corner of 17th and Alona Streets for street purposes. Councilman Ward registered a NO vote. (Agenda Item 6 A) FAULKNER, James E. and Barbara A. East side of Broad- way north of Edinger for Fire Station Site #4. CA 155 DEED WITH CASH (NO ESCROW) GRANTEE CITY tion with the purchase: Approved the following deed and authorized Mayor to sign all necessary documents in connec- FOSTER & KLEISER COMPANY - Northwest corner First Street and Newho~e Street for Library site. CA 155 DEEDS WITH CASH (NO ESCROW) GRANTOR CITY tion with the sales: Approved the following deeds and authorized Mayor to sign all necessary documents in connec- CITY COUNCIL MINUTES 38 FEBRUARY 6, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA - North side of First Street, Garnsey to Parton - sale of surplus property. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA - Northeast corner of First and Flower, sale of surplus property. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ~ East side of Flower south of Third Street - sale of surplus property. CA 155 TENTATIVE PARCEL & Approved Negative Declarations TRACT MAPS and Notice of Exemption, and approved the following maps sub- ject to conditions contained in Planning Director's Reports: NEGATIVE DECLARATION & PARCEL MAP 1036 - Filed on November 11, 1977 by W. J. Patillo creating six Mi parcels; all proposed parcels to be used for indus- trial purposes; generally located on the east side of Birch Street, 500 feet south of Warner Avenue. NEGATIVE DECLARATION & PARCEL MAP 1041 - Filed on December 16, 1977 by Ernest E. Kell, Jr. creating two Mi parcels; both proposed parcels to be used for industrial purposes; generally located on Croddy Way, 400 feet west of Harbor Boulevard. NEGATIVE DECLARATION & PARCEL MAP 1042 - Filed on December 27, 1977 by M. R. Wimbush creating two C1 parcels; both proposed parcels to be used for com- mercial purposes; generally located on the east side of Tustin Avenue between Lenita Lane and Catalina. Councilman Ward registered a NO vote. (Agenda Item 7 C) CA NOTICE OF EXEMPTION & TRACT MAP 10158 Filed on December 13, 1977 by Daon Corporation creating one R4 lot; proposed use is for condominium purposes; generally located on the north side of Stevens Street, 1100 feet west of Flower Street. NEGATIVE DECLARATION & TRACT MAP 10190 - Filed on December 16, 1977 by Lindborg-Dahl Investors, Inc. creating thirteen R2 lots; all proposed lots are to be used for duplex development; generally located on the west side of Jackson, 151 feet north of Pine Street. CA 24 FINAL TRACT MAP Approved the following final Map, accepted the dedications thereon, and the bonds in the amounts set, and authorized execution of the subdivision agreement: TRACT MAP 9788 - East side of Fairview Street, 240 feet south of Trask Avenue; 1 lot. CA 24 CHANGE ORDERS Approved the following Change Orders: CITY COUNCIL MINUTES 39 FEBRUARY 6, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PROJECT 7030 - Construct Northeast Reservoir and Pump- ing Station - Change Order No. 1 increasing the cost by $67,600 or 4.?7% of the original project cost to provide for the installation of the Santiago Creek crossing. PROJECT 8505 - Construct Newhope Branch Library Change Order No. 6 increasing the cost by $546.00 or .13% of the total project cost, to provide tempered glass pursuant to new Federal Safety Standards.~ PROJECT 8502A - Replace concrete sewer in Edinger Avenue between Flower and Main Street - Change Order No. 1 increasing the cost $6,208.91 or 9.S% of the original contract cost to remove cement treated base material and for delay while City crews cleaned man- hole. CA 89 AGREEMENTS Clerk; Approved the following agree- ments and authorized their execution by the Mayor and 1978 WATER QUALITY MONITORING - Between City and Crosby Laboratories for the calendar year 1978 at no increase in price. A-78-11 GROUP LIFE INSURANCE & STOP LOSS MEDICAL INSURANCE AGREEMENT - Between City and Lafayette Life Insurance to provide life insurance and stop loss coverage for City employees. CA SPECIAL COUNSEL SERVICES FOR ASSESSMENT DISTRICT NO. 242 (PROGRESSO AND ROSITA AREA) - Between City and F. MacKenzie Brown to assist in the preparation and conduct of special assessment proceedings. REMOVAE OF OUTDOOR ADVERTISING FROM CITY-OWNED PROPERTY - PROJECT 8S05 (West Branch Library) - Between City and Foster and Kleiser Company for removal of a billboard at First and Newhope Streets. 88.85 88.80 A=78=15 A-78-16 Approved the following agreement, authorized its execution by Mayor and Clerk, and authorized expenditure of $11,120 for removal and relocation of improvements from parking parcels: RIGHT OF REPOSSESSION & USE OF REAL PROPERTY FOR NEWHOPE BRANCH LIBRARY PARKING Between City and Loyd A. and Betty Gage and Leo V. and Angela Gage and David Dahl to allow the City to use property north and west of the Newhope Branch Library for parking pending the purchase of the property. A-78-12 CA 56 BOARDS & Accepted the following resigna- COMMISSIONS tion with regret and directed Staff to prepare the appro- priate recognition of service to the City: RESIGNATION FROM THE PERSONNEL BOARD - Letter from Pauline Lockwood dated January 17, 1978 informing Council that her resignation is effec- tive February 1, 1978 and that she will be moving to Colorado Springs at the end of February. CA 50.8 CITY COUNCIL MINUTES 40 FEBRUARY 6, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued LIABILITY CLAIMS Referred to administration claims received from Janu- ary 10 to January 30, 1978. CA 6S.?B Denied request to present late claim filed by Richard P. Stenzel, for personal injury resulting from an accident occurring on July 5, 1977. CA 65.7 COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. ~ CA 80.2 PROCLAMATIONS to January 30, 1978. Received and filed report of Proclamations issued by the Mayor from January 10 CA 46 CONSENT CALENDAR FINIS DEED WITH CASH & ESCROW Council continued considera- GRANTOR CITY - BADIN tion of the following deed CONTINUED TO FEB. 21 to February 21, 1978, on the motion of Councilman Garthe, seconded by Councilman Yamamoto, and carried 5:1, with Mayor Evans dissenting: BADIN, JR., Leslie and TIPPING, Dwight, East side of Flower north of Civic Center Drive, sold at auction as surplus property. (SPR 77-14) (Agenda Item 6D) CA 155 Leslie Badin, Jr., 4882 Basswood Lane, Irvine, one of the pur- chasers of a portion of the property at 817 North Flower, stated that he had approached the City in November or December with regard to the purchase of the property; that sometime between then and December, it was declared surplus and all of the property owners were notified of the auction to be held on January 18; that he had been a successful bidder on a portion of the property; that a Mr. Jones, who is trying to develop in the area was outbid at the auction and is buying from other property owners; that the approval of the Redevelopment Agency was given and now the Director is taking back his word; and that the property is already in escrow and just awaiting Council approval. City Manager Bruce Spragg stated that he thought the Council should be made aware that a developer who wishes to assemble the whole block for development, Mr. Jones, will meet with. the Redevelopment Commission to see if he will proceed; and that a report will be made to Council on February 21, 1978. Mr. Badin stated that he had purchased the adjacent property in July and found he was unable to develop it due to inadequate parking; that he has had to acquire a portion of the surplus land for that purpose; that he purchased 12 feet and the remain- ing 30 feet was sold at auction; and that any further delay of the purchase is costing him a great deal. CHANGE ORDER #5 - PROJECT 8505 Councilman Ward's motion NEWHOPE BRANCH LIBRARY to approve the following APPROVED change order was seconded by Councilman Yamamoto, and carried 5:1, with Councilman Garthe dissenting: CITY COUNCIL MINUTES 41 FEBRUARY 6, 1978 PROJECT 8505 - Construct Newhope Branch Library - Change Order No. 5 increasing the cost by $1,399.86 or ~4% of the total project cost, to rewire air conditioning and heating units. (Agenda Item 10 B) CA 89 CHANGE ORDER #7 - PROJECT 8505 The following change order NEWHOPE BRANCH LIBRARY was approved by a S:i APPROVED vote, with Councilman Garthe dissenting, on the motion of Councilman Ward, seconded by Councilman Yamamoto: PROJECT 8505 - Construct Newhope Branch Library Change Order No. ? increasing the cost by $3,895.80 or P4% of the total project cost, to provide the required dual circuit piping to operate the refrigerant system. (Agenda Item 10 D) CA 89 AGREEMENT CALTRANS Council approved the PROJECT 1376 - 1ST STREET WIDENING the following agreement APPROVED by a 5:1 vote, with Coun- cilman Ward dissenting, on Councilman Brandt's motion, seconded by Councilman Garthe: RIGHT-OF-WAY & RELOCATION SERVICES - Between the City and CALTRANS to provide for right-of-way appraisal, acquisition and relocation services on Project 1376 - Widening of First St. from Bush Street to Standard Avenue. (Agenda Item 12 c) A-78-13 RECESS - EXECUTIVE SESSION At 2:20 P.M~ the Council PERSONNEL MATTERS recessed to consider personnel matters; Council reconvened at 2:34 P.M. with the same Council members present. READING WAIVED Councilman Garthe's motion, to waive full reading of all ordinances and resolutions, 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 Brandt, and carried unanimously 6:0. ORDINANCE NO. NS-1396 AN ORDINANCE OF THE CITY BINGO OF SANTA ANA AMENDING ADOPTED 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 was placed on second reading and adopted by unanimous 6:0 vote, on the motion of Councilman Ward, seconded by Council- man Brandt. CA 91.10 ORDINANCE NO. NS-1394 AN ORDINANCE OF THE CITY TAXICABS & AMBULANCES OF SANTA ANA ADDING CHAP- ADOPTED TER 32 TO THE SANTA ANA MUNICIPAL CODE AND REPEAL- ING CHAPTER 38 RELATING TO VEHICLES FOR HIRE (TAXICABS AND AMBULANCES) was placed on second reading and adopted on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 26; CA 96 CITY COUNCIL MINUTES 42 FEBRUARY 6. 1978 ORDINANCE NO. NS-1403 AN ORDINANCE OF THE CITY FOOD HANDLING PERMITS OF SANTA ANA ADDING ARTICLE ADOPTED X TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING A PERMIT REQUIREMENT FOR FOOD HANDLING ESTABLISH- MENTS was placed on second reading and adopted on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 91.11 RESOLUTION NO. 78-8 A RESOLUTION OF THE CITY ANNEXATION - "HOLLY SUGAR" COUNCIL OF THE CITY OF ADOPTED SANTA ANA, CALIFORNIA, REQUESTING THE COMMENCE- MBNT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "HOLLY SUGAR FACTORY ANNEXATION" TO THE CITY OF SANTA ANA was adopted by unanimous vote 6:0, on the motion of Councilman Garthe, seconded by Councilman Brandt. CA 94 RESOLUTION NO. 78-9 A RESOLUTION OF THE CITY LEASED HOUSING COUNCIL OF THE CITY OF ADOPTED; LETTER AUTHORIZED SANTA ANA DISAPPROVING IN ADVANCE THE PROVISION BY THE ORANGE COUNTY HOUSING AUTHORITY OF LEASED HOUSING TO PERSONS OF LOW INCOME WITHIN THE AREA OF OPERATION OF THE SANTA ANA HOUSING AUTHORITY was adopted on the motion of Coun- cilman Brandt, seconded by Councilman Ward, and carried unani- mously 6:0. Councilman Ward's motion, seconded by Councilman Brandt, carried unanimously 6:0, authorized the Mayor to write a letter to the U. S. Department of Housing and Urban Development urging HUD to reevaluate the number of Section 8 housing units already allocated to the Orange County Housing Authority in view of the number of unused units still remaining from those allocations. CA 137 RESOLUTION NO. 78-10 A RESOLUTION OF THE CITY AMTRAK & AT & SF SERVICE COUNCIL OF THE CITY ADOPTED OF SANTA ANA COMMENDING THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA, AMTRAK, AND THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY FOR THE INAUGURATION OF AN ADDITIONAL TRAIN TO PROVIDE SERVICE BETWEEN LOS ANGELES AND SAN DIEGO WITH A STOP IN SANTA ANA was adopted unanimously 6:0, on Councilman Brandt's motion, seconded by Councilman Ward; and the motion included authorization for Staff to open negotia~ tions with CALTRANS, AMTRAK and the Santa Fe Railroad to provide increased parking and other improvements at the Santa Ana rail- way station. CA 84.6; CA 113.5 RESOLUTION NO. 78-18 A RESOLUTION OF THE CITY COMMENDING BAXTER WARD COUNCIL OF THE CITY OF ADOPTED SANTA ANA COMMENDING BAXTER WARD, LOS ANGELES COUNTY SUPERVISOR was adopted on the unanimously approved 6:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 73B RESOLUTION NO. 78-11 A RESOLUTION OF THE CITY EX ?7-35 - 800 N. TUSTIN AVE. COUNCIL OF THE CITY OF ADOPTED SANTA ANA AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR DENYING MINOR EXCEPTION NO. 7?-35 TO ALLOW ON-SALE BEER AND WINE IN THE LP DISTRICT AT 800 N. TUSTIN AVE. AND DENYING APPEAL NO. 385 was adopted by a 4:1 vote, with Mayor CITY COUNCIL MINUTES 43 FEBRUARY 6, 1978 Evans abstaining because he was not present for the public hear- ing held on January 16, 1978, and Councilman Ortiz dissenting, on the motion of Councilman Yamamoto, seconded by Councilman Garthe. CA 13.5A RESOLUTION NO. 78-12 A RESOLUTION OF THE CITY COMMENDING DANIEL ALLAN HALE COUNCIL OF THE CITY OF ADOPTED SANTA ANA POSTHUMOUSLY COMMENDING SENIOR OFFICER DANIEL ALLAN HALE FOR HIS DEDICATION TO THE OBJECTIVES OF CRIM- INAL JUSTICE, AND HIS DEDICATION TO HIS DUTY AS A POLICE OFFICER was adopted on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. CA ?3 B RESOLUTION NO. 78-13 A RESOLUTION OF THE CITY AWARDING MEDAL OF VALOR COUNCIL OF THE CITY OF RONALD WAYNE BERENSCHOT - ADOPTED SANTA ANA AWARDING THE FIRST SANTA ANA POLICE MEDAL OF VALOR TO OFFICER RONALD WAYNE BERENSCHOT FOR CONSPICUOUS BRAVERY, HEROISM AND VALOR was adopted on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Garthe. CA ?3 B INTER-COUNTY AIRPORT AUTHORITY The quarterly financial report QUARTERLY FINANCIAL REPORT of the Inter-County Airport FILED Authority for the period ended December 31, 1977, transmitted to the City as required by Section 2(D)(4)(e) of the Joint Powers Agreement of 1974 along with a transmittal letter from James J. Antoniono, Treasurer, dated January 18, 1978, was received and filed on the motion of Councilman Garthe, seconded by Councilman Brandt, and carried 6:0 unanimously. The Decem- ber 31, 1977 cash balance is $61,037.13. A-75-83 LEAGUE POSITION - INTER-COUNTY The voting delegate for AIRPORT AUTHORITY PLANNING the City of Santa Ana to SUPPORT AUTHORIZED the Orange County Division of the League of Calif- ornia Cities, David Brandt, was directed to vote for a proposed resolution supporting the airport planning efforts of the Inter- County Airport Authority, on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. CA 148.1 CA 98.2 SUPPORT FOR REPRESENTATION On the unanimously approved REGIONAL AIRPORT AUTHORITY COMMITTEE 6:0 motion of Councilman ORANGE COUNTY LEAGUE - AUTHORIZED Brandt, seconded by Coun- cilman Ward, the City's voting delegate, David Brandt, was authorized to support the selection of a representative from the Orange County Division, League of California Cities, to the Regional Airport Authority Committee who is representative of the central or south portions of Orange County. CA 148.1 CA 98 VOTING POLICY - NLC A resolution adopted by ONE MEMBER-ONE VOTE the City of Costa Mesa COSTA MESA RESOLUTION FILED and transmitted to the City of Santa Ana on January 19, 1978, requesting the National League of Cities to change its voting policy to provide for one vote for each mem- ber city in the determination of the League's position on national policy issues, was received and filed on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 150 CITY COUNCIL MINUTES 44 FEBRUARY 6, 1978 APPOINTMENTS TO BOARDS & On the motion of Council- COMMISSIONS BY WARD - POLICY man Brandt, seconded by ADOPTED - IMPLEMENTATION AUTHORIZED Mayor Evans and carried 6:0 unanimously, the Council adopted the policy of appointing members to Boards and Commissions on the basis of ward representation rather than appointment-at-large; and the five point implementation method presented by Ann Marie Gallant, Staff Services Aide III, in her January 10, 1978 request for Council action was authorized as the procedure to be used for future appointments. The report analyzed the effect of the proposed policy in contrast to the present policy, and the suggested method of appointment resulted from discussions at a meeting held January 3, 1978, with Council- men Bricken, Ortiz, Yamamoto and Staff members participating. CA 80.9; CA 80.6 City Manager Bruce Spragg received verification that it was Council's intent that those persons serving their first term are eligible to be reappointed if they so desire, and that the new policy would take effect only with respect to new appointees. SPEEDING ON STANFORD STREET The interim report dated REFERRAL NO. 1-78 - DELETED January 31, 1978 prepared CONTINUED TO MARCH 13 by Joe Foust, Traffic Engineer, in response to a petition from citizens asking for a solution to the speeding problem on Stanford Street, was received and filed, and the matter was continued to March 13, 1978 to allow Staff to meet with the managers'of the adjacent commercial area to discuss a solution satisfactory to the residents of Stanford Street. This action was taken on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 6:0 unanimously, and the motion also deleted Council Referral No. 1-78 from the Summary. CA 18.3; CA 151.5 EIR & SPECIFIC PLAN FOR STREET On the motion of Council- ALIGNMENT 49 COLLEGE AVE. man Brandt, seconded by CONTINUED; COST ANALYSIS REQUESTED Councilman Garthe, and carried 6:0 unanimously, consideration of Environmental Impact Report and Specific Plan for Street Alignment No. 49, College Avenue from Seventeenth Street to 354.16 feet north, was continued to February 21, 1978 to allow Staff time to provide Council with a report show- ing a cost analysis and proposed funding process for the proposed project. John Stevens, Director of Public Works, stated that it is a budgeted project that will utilize gas tax funds for the widening of Seventeenth Street; and that the project was recommended by the Planning Commission in an action taken on January 9, 1978. CA 29.8; CA 29.7 STATUS REPORT - SOUTH COAST The status report dated TOWN CENTER January 25, 1978, prepared STAFF AUTHORIZED by Associate Planner John Richards, was received and filed on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 6:0 unanimously. The motion also directed Staff to a) Maintain a liaison with the City of Costa Mesa Staff to insure adequate mitigation measures, with particular emphasis on the traffic issues; and b) Monitor the South Coast Town Center Development and advise the City Council as appropriate; and c) Monitor the status of the South Coast Town Center Environmental Impact Report and to be prepared to take legal action prior to the 30-day statute of limitations, if necessary. CA 78.12 CITY COUNCIL MINUTES 45 FEBRUARY 6, 1978 REVIEW OF WILD ANIMAL ORDINANCE A report dated January 23, REFERRAL NO. 3-78 - DELETED 1978 prepared by City REPORT FILED Manager Bruce Spragg con- taining a review of the City's wild animal ordinance and recommending no change thereto, was received and filed, and Council Referral No. 3-78 was deleted from the Summary, on the motion of Councilman Garthe, seconded by Councilman Yamamoto and carried S:l, with Councilman Brandt dissenting. The review was initiated at the request of Jeff Gray, 1020 North Olive, at the January 16 Council meeting, who wished to keep a raccoon in the City. CA 95 PURCHASE OF AFRICAN HEAD PLATE The purchase of an African FOR BOWERS MUSEUM tribal ceremonial head AUTHORIZED ---plate depicting a Yoruba wedding march, recommended by Reilly Rhodes, Museum Director, in his report dated Janu- ary 23, 1978, was approved on the motion of Councilman Yama- moto, seconded by Councilman Garthe and carried 5:1. with Councilman Ortiz dissenting. The purchase of the head plate from the Peter Natan Gallery of Denver, Colorado was authorized from the non-tax supported Museum Trust Fund in the amount of $3,500 plus tax. Mr. Rhodes' report stated that the purchase had been recommended and approved by the Museum Board of Trustees at its November 1977 meeting. CA 89; CA 85 SECOND QUARTERLY REPORT CITY DEPARTMENTS FILED Report of City Departments for the 1977-78 was received and filed. On the unanimously approved 6:0 motion of Councilman Garthe, seconded by Council- man Brandt, the Quarterly Second Quarter of fiscal year CA 79 CETA PUBLIC SERVICE The January 30, 1978 EMPLOYMENT PROGRAM FUNDS report prepared by Man- REPORT FILED power Project Coordinator Keith E. Blunt, advising Council that Comprehensive Employment Training Act (CETA) posi- tions not filled by February 28, 1978 will be defunded by the U.S. Department of Labor, was received and filed, on the unani- mously carried 6:0 motion of Councilman Ward, seconded by Councilman Yamamoto. CA 131.11 HRC RECOMMENDATION FOR In support of the recom- EMERGENCY HOUSING PROJECT mendation made by Alice APPROVED $6,000 CD ALLOCATION McCullough, Community Development Coordinator, in her report dated February 6, 1978, the allocation of $6,000 of Second Year Community Development Block Grant (CDBG) funds to the Salvation Army to provide short-term emergency housing for homeless Santa Ana families, was approved, on the motion of Councilman Garthe, seconded by Councilman Ward, and carried 6:0 unanimously. Mildred Cobb, 2118 North Richmond, conveyed the recommendation of the Human Relations Commission for the proposed allocation to the Salvation Army to supply short-term emergency housing. CA 137 CA 140.20 CITY COUNCIL MINUTES 46 FEBRUARY 6, 1978 FIRE PROTECTION MASTER PLAN The finalized printed copy RECEIVED FOR REVIEW of the Fire Protection Master Plan was received for review and March 13, 1978 was established as the date for consideration of adoption of the Plan, on the unanimously approved 6:0 motion of Council- man Yamamoto, seconded by Councilman Ward. CA 64 CITY PARTICIPATION IN Santa Ana's participation CONSORTIUM CITIES GRANT with the Consortium Cities APPROVED - REPRESENTATIVE APPOINTED in Federal grant funding of "Service Integration and Long Term Planning for Inter-Urban Cities", recommended by Peter Grams in his January 31, 1978 report, was approved, and Councilman Harry Yamamoto appointed as Santa Ana's delegate to the Advisory Council, on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 6:0 unanimously. CA 140.S0 DETACHMENT - TUSTIN-SANTA Walter Schraub, Senior CLARA AREA - STATUS REPORT Civil Engineer, in his FILED report of January 31, 1978, stated that a public hearing is scheduled for February 8, 1978 before the Local Agency Formation Commission concerning the detachment of the 79-acre territory in northeast Santa Ana known as the Tustin-Santa Clara area from the East Orange County Water District; and that a letter had been prepared to be mailed to property owners of the detachment area to request their pre- sence and support at the hearing. On the motion of Councilman Ward, seconded by Councilman Brandt, and carried 6:0, the status report was received and filed. CA 94 SALE OF SURPLUS PROPERTY TO Sale of the Fire Depart- COMMUNITY REDEVELOPMENT AGENCY merit 142' x 135' property APPROVED CONDITIONALLY at the northwest corner of Glenwood and Flower Streets to the Community Redevelopment Agency at a price of $47,500 to provide three residential sites for homes being moved from the 14-acre Downtown Housing Project, was approved contingent.upon rezoning from C1 to Ri, and completion of the Tract Map, on the motion of Councilman Ward, seconded by Coun- cilman Brandt, and carried 5:1, with Councilman Ortiz dissenting. A previous motion made by Councilman Garthe, seconded by Coun- cilman Brandt, to approve the sale of the property to the Mead Housing Foundation, was withdrawn. CA 45 Councilman Bricken joined the meeting at 3:37 P.M. NOISE AT POST OFFICE 2201 N. The February 1, 1978 and GRAND - STATUS REPORT the February 3, 1978 re- FILED ports by Director of Building Safety Wendell S. Bril, reporting the progress made in identifying and measur- ing the noise level of the various post office nighttime activi- ties at the U.S. Post Office, 2201 North Grand, were received and filed on the motion of Councilman Ward, seconded by Council- man Garthe, and carried 7:0 unanimously. The Staff report stated that a further detailed report would be made to Council, residents and Post Office representatives, outlining potential courses of action which might mitigate some or all of the noise problems that are disturbing to adjacent residents. CA 145.4 CITY COUNCIL MINUTES 47 FEBRUARY 6, 1978 BROADWAY OVERPASS ALIGNMENT On the motion of Council- PUBLIC HEARING SET man Ward, seconded by FEBRUARY 21, 1978 Councilman Garthe and carried unanimously ?:0, a public hearing was set for February 21, 1978, at ?:30 P.M. to review the proposed alignment of the Broadway Overpass. CA 29.10 BIENNIAL REPORT The Biennial report of PLANNING COMMISSION the Santa Ana Planning FILED Commission for the fiscal years 1975-76 and 1976-??, submitted pursuant to Chapter 2?, Section 18 of the Santa Aha Municipal Code and Section $4217 of the State Government Code, setting forth the status of the General Plan and progress in its implementation, was received and filed on the unanimously approved ?:0 motion of Councilman Ward, seconded by Councilman Garthe. CA ?8.lB GARDEN GROVE WATER SYSTEM PURCHASE City Attorney Keith Gow ORAL PROGRESS REPORT reported to the Council that he had contacted the two bondholders, Inves- tors Diversified Services and Morgan Guaranty Trust; that Investors Diversified Services, holding 81% of the outstanding bonds on the Garden Grove Water System, had informally agreed to the sale of a portion of the system to the City of Santa Ana; that it is anticipated that the Morgan Guaranty Trust will also approve; and that as soon as the approval is received an agree- ment will be prepared and brought to Council to effect the purchase; Mr. Gow estimated that to be at the March 13 meeting. CA 12 ORANGE TOWERS PROJECT City Attorney Keith Gow NEGOTIATIONS WITH DEVELOPER reported that he had AGREEMENT CONCEPT APPROVED received a revised draft of the proposed agreement tentatively agreed upon by the developer and the City Attorney's office; that the developer stated that the project would not be viable if the building height were reduced; and that briefly the provisions are that the developer will provide $200,000 for the development and improvement of Santiago Park and $100,000 for street improvement and traffic control on Santa Ana streets in the vicinity of the project. David Termohlen, 990 Town and Country Road, Orange, the developer of the Orange Towers Project, stated that he had accepted five of the six requests made by the City; and that he would be glad to provide a set of plans for the project, rather than grant authority to the City to review project design changes. City Attorney Gow informed Council that the Environmental Impact Report on the project had been filed with the Board of Super- visors on January 23, and that the 30-day appeal period will expire on February 22, 1978. On the motion of Councilman Ward, seconded by Councilman Bricken, and carried 5:2, with Councilman Yamamoto and Mayor Evans dissent- ing, the proposed agreement with David Termohlen, the developer, was approved in concept, and the Staff was directed to monitor and review changes in the plans of the Orange Towers Project, and report substantial changes to the Council. CITY COUNCIL MINUTES 48 FEBRUARY 6, 1978 Councilman Bricken stated that traffic control recommendations developed by the Staff had been discussed by residents of the area at a meeting attended by Councilman Bricken, and that they urged implementation to correct existing traffic problems as well as those expected after construction of the Orange Towers Project. City Manager Spragg stated that the proposed traffic plan will be presented to the residents for their approval prior to imple- mentation. CA 78.11 POTENTIAL COUNTY ISLAND AREAS FOR On the motion of Council- ANNEXATION TO CITY - AFFIRMED man Garthe, seconded by AUTHORIZATION TO PROCBBD~ Councilman Ward, carried 7:0 unanimously, the determination to annex the eight County islands identified and described in a report dated January 9, 1978 prepared by Rick Rough, Management Intern, was affirmed and Staff was authorized to initiate proceedings to annex. The Staff report outlined the new procedure provided by the Municipal Organization Act of 1977 to enable cities to effect the annexation of county islands within their boundaries. CA 94 EDINGER MEDIAN RENOVATION Appropriation Adjustment APPROPRIATION ADJUSTMENT NO. 80 No. 80 in the amount of APPROVED $33,920.00 to recognize antirecession fiscal assistance funds and investment earnings on previously received allocations, to allocate funds for overruns on four small projects Numbers 8301, 8303, 8306 and 8312, and to fund the Edinger Median Renovation (Project 8315) in the amount of $32,320.00 was approved on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 7:0 unanimously. CA 65.3 PROJECT 2060 - RAISED PAVEMENT Revenue and activity MARKER PROJECT - ARTERIAL STREETS accounts for the federally A.A. NO. 92 - APPROVED funded Raised Pavement Marker Demonstration Project (2060) were established in the amount of $136,900.00 with the approval of Appropriation Adjustment No. 92, on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 7:0 unanimously. The Staff report dated January 27, 1978 prepared by Traffic Engineer Joe Foust stated that the grant funds are provided by the Federal Highway Act and payments are through CALTRANS on a reimbursement basis. CA 65.3 MUSEUM CURATOR OF EDUCATION Appropriation Adjustment APPROPRIATION ADJUSTMENT NO. 93 No. 93 transferring APPROVED $8,085.00 from the Museum Machinery & Equipment account to accounts to provide for the salary of the Museum Curator of Education for the remaining five month period of fiscal year 1977-78, was approved on. the motion of Councilman Ward, seconded by Councilman Garthe, and carried 6:1, with Mayor Evans dissenting. CA 65.3 CITY COUNCIL MINUTES 49 FEBRUARY 6, 1978 1977 TRAFFIC OVERVIEW The 1977 Traffic Overview APPROPRIATION ADJUSTMENT NO. 95 Report dated January 31, APPROVED 1978, co-authored by Traffic Engineer Joe Foust and Lt. Davis, was received and filed, and Appropriation Adjustment No. 95 transferring $10,000 from Council Contingency to Public Works - Administration and Engineering to develop and implement a computerized traffic accident records keeping system, was approved on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 65.3 ORAL COMMUNICATION SOUTHERN CALIFORNIA ASSOCIATION ~F GOVERNMENTS ~ITHDRAWAL AUTHORIZED; FORMATION OF ~RANGE COUNTY COUNCIL OF GOVERNMENTS SUPPORTED Councilman Brandt informed the Council that the Executive Committee of SCAG had taken an action to authorize a site selection study for a potential airport; and that the action had been taken without advice or consent of the Transportation Advisory Commis- sion of which Mr. Brandt is a member. Mr. Brandt suggested that Orange County transportation concerns are not being considered by SCAG. He also questioned the advisability of the action in light of the fact that SCAG is not empowered to build an airport and can only study and report on the subject. Councilman Brandt moved and Mayor Evans seconded the motion to notify SCAG of Santa Ana's severe dissatisfaction with the action of the Executive Committee to authorize a site selection study for a potential airport. After discussion of the motion, Mayor Evans proposed a substitute motion to withdraw membership in SCAG. The motion was seconded by Councilman Ortiz and carried 4:3, with Councilmen Ward, Garthe and Bricken dissenting. Further discussion produced a motion by Councilman Ward, seconded by Councilman Yamamoto to withdraw from membership in the Orange County League of California Cities. The motion was defeated by a 3:4 vote, with Councilmen Brandt, Garthe, Bricken and Mayor Evans dissenting. Councilman Bricken moved to advise the Orange County Division, League of California Cities of Santa Ana's action to withdraw from SCAG and of its interest in establishing an Orange County Council of Governments. The motion was seconded by Councilman Brandt and carried 6:1, with Councilman Garthe dissenting. Councilman Ward moved and Councilman Yamamoto seconded his motion to include the requirement that the new Orange County Council of Governments be representative of the citizenry with the one-man-one- vote concept. The motion carried 7:0 unanimously. CA 141 CA 148.1 ORAL COM~NICATION Councilman John Garthe, ORANGE COUNTY LEAGUE President of the Orange RE-ENTRY OF ANAHEIM SUPPORTED County Division, League of California Cities, stated that the City of Anaheim had submitted a check for the last nine months dues; that there was a question at the last meeting about requiring Anaheim to pay a full year's dues to reinstate their membership; and that Santa Ana should determine its position on the subject for the next League meeting. CITY COUNCIL MINUTES $0 FEBRUARY 6, 1978 On the motion of Councilman Ward, seconded by Councilman Garthe, and carried S:2, with Councilmen Brandt and Yamamoto dissenting, Santa Ana's voting delegate was instructed to support whatever action is necessary to facilitate Anaheim's re-entry into the Orange County Division, League of California Cities. CA 148.1 ORAL COMMUNICATION On the motion of Council- DRIVEWAY & CURB REPAIR man Yamamoto, seconded by WILLIAM HIME FILED Councilman Bricken, carried 7:0 unanimously, copies of correspondence between William Hime, 4602 E1 Don Place, and the City concerning parking, fencing and zoning problems in his neighborhood during 1977 were received and filed. Mr. Hime was advised by Staff that they would work with him to resolve the problems described. CA 151.21 RECESS with all Councilmen present. At 4:52 P.M. the Mayor recessed the meeting for dinner; the meeting was reconvened at 7:40 P.M. PLEDGE OF ALLEGIANCE INVOCATION following the Pledge of Allegiance to The Invocation was given by Reverend G. W. Squires of the Standard Avenue Southern Baptist Church, the Flag. CA 80.17 SPECIAL PRESENTATIONS RECOGNITION OF HEROISM.BY POLICE OFFICERS RESOLUTIONS & MEDAL OF HONOR PRESENTED to duty as a Police Officer. Officer Councilman David Brandt represented the Council by making the presentation of a resolution posthumously commending Officer Daniel Allen Hale for his devotion Hale's wife, Judy Hale, accepted the resolution as Councilman Brandt expressed the Coun- cil's sincere appreciation for dedicated officers such as Daniel Hale. Councilman David Ortiz followed with a narration of the event of November 12, 1977 and the presentation of a resolution awarding the Medal of Valor to Officer Ronald W. Berenschot for his heroic action to save lives of citizens and to apprehend the suspects who shot and killed Officer Daniel Hale. Councilman Ortiz also presented a letter of commendation to Officer Berenschot from John Wayne, prominent film star, philanthropist and resident of Orange County. CA 73B PRESENTATION BY COUNTY ENVIRONMENTAL MANAGEMENT AGENCY OF LOWER SANTIAGO CREEK SPECIFIC PLAN & EIR STAFF DIRECTED developed for flood control for the Bob Rendy and Jim Miller of the Orange County Environmental Management Agency made an oral and slide presentation of the plans that have been 9.5 mile length of the Santiago Creek from the Villa Park Dam to the Santa Ana River and specifically for the river area lying within the City of Santa Ana from the Santa Ana Freeway to the Santa Ana River. The planners included options for equestrian and bicycle trails that had been suggested in earlier discussions relating to the estab- lishment of a greenbelt along Santiago Creek. CITY COUNCIL MINUTES 51 FEBRUARY 6, 1978 Mr. Bob Rendy stated that the plan had been presented to the Board of Supervisors on January 17, 1978 and that they had directed the EMA, prior to any Board action, to present the plan to the cities involved and to the interested citizens; that the Board continued the matter to February 22, 1978; that the desire of the EMA is to provide a plan to address as broad a range of needs as possible while ~rovidin~ desirable flood control: and that it is their obiective to ~resent the ~lan alternatives and the impacts of each. Mr. Jim Miller, Project Manager, stated that the Environmental Management Agency had initiated the study because of the flood hazard that exists along the Santiago Creek; that the Corps of Engineers prepared a plan in June 1975 to accommodate a design storm (estimated 100 year storm) generating 21,000 cubic feet per second of water; that without flood control, such a storm would inundate 6,500 acres with more than one foot of water involving an estimated 16,600 residential structures and cause damage estimated to cost $87 million; that the 1969 storm was less than one-third of the intensity of the design storm, but nevertheless caused considerable damage; that to avoid the undesirable Corps of Engineers design, the EMA proposes to raise the crest of the Santiago Dam and to build a retarding basin north of Chapman Avenue; that the most expensive design alternative would cost $8.5 million. Mr. Miller continued by explaining in detail the configurations, right-of-way require- ments, cost, and advantages and disadvantages of each of the six proposed alternatives. Councilman Ward read a statement reflecting the views of citizens compiled as the result of numerous public meetings and consensus of Council, requesting further alternate design proposals more acceptable to the City of Santa Aha including the elimination of all horse trails within the City limits and bicycle trails in the creek bed, no public access along the creek bed between Flower Street and the Santa Ana River, except for emergency and maintenance purposes. The Councilman further suggested that additional consideration be given to flow reduction and retention measures upstream and that further consideration be given to developing a design without vertical walls to provide adequate flood protection while maintaining the existing right-of-way and natural state of the existing channel. Councilman Bricken concurred with these comments emphasizing the fact that citizens along the Creek want flood control, but not at the cost of completely sacrificing the desirable aspects of the Creek. On the motion of Councilman Ward, seconded by Councilman Bricken, Staff was directed to advise the Flood Control District and the Board of Supervisors that Santa Ana seeks new alternatives which can achieve flood control in a manner more acceptable to Santa Ana residents, carried 7:0 unanimously. Rudy Montejano, 2360 Riverside Drive, representing the North Santa Ana Homeowners Association, stated that the Council action taken was approved by the northeast and northwest area citizens. He emphasized that the future viability of the City of Santa Ana depends upon the protection and maintenance of its residential neighborhoods of all ethnic backgrounds; that the City needs all of them to maintain itself as a place where people want to live. A further motion by Councilman Garthe, seconded by Councilman Brandt, and carried 6:1, with Councilman Yamamoto dissenting, was to direct Staff to assure the Flood Control District and the Board of Supervisors that Santa Ana wishes to achieve improved flood control measures from the Santiago Creek downstream along the Santa Aha River to the extent that it will eliminate the present Federal requirement for homeowners flood insurance. CA 53; CA 112.16 CITY COUNCIL MINUTES 52 FEBRUARY 6, 1978 RECESS Councilmen present. At 9:12 P.M. Mayor Evans recessed the meeting; the meeting was reconvened at 9:18 P.M. with all PUBLIC HEARING 4TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION BUDGET APPROVED; RES. 78-14 ADOPTED merit Block Grant Application budget. Mayor Evans announced that this was the time and place for the public hearing of the proposed Fourth Year 1978-79 Community Develop- City Manager Bruce Spragg stated that there are three proposed budgets for the grant of $2,655,000; that budget #3 dated Decem- ber 2, 1977 was developed by the Community Development Management Team; that budget #4 was proposed by seven neighborhood groups and approved by the Planning Commission, Human Relations Commis- sion, and the Redevelopment Commission on January 31, 1978; and that budget #5 was approved by the Community Development Manage- ment Team on January 25, 1978. City Manager Spragg noted that budget #5, Staff's recommendation, includes $300,000 for sidewalk and curb replacement and street lighting and $300,000 for the improvement of Euclid Street, postponed for a number of years, but that it does not provide for improvements at the Santa Anita Area parks. Speakers endorsing the adoption of proposed budget #4 were: Fernando Baron, 705 North Gunther Jose Gomez, 2210 West 7th Street, Artesia Neighbors Enedia Clements, 316 South Birch, South Central Neighbors Ruby Epps, 626 North Jackson, Santa Nita Neighbors Manuel Gomez, 321 East Normandy Charles Mosley, 1133 South Spruce, Advisory Board Speakers argued that budget #4 addresses the priorities identified by the City's consultant who prepared the community plans and that it includes pavement widenin~ of Euclid that will improve traffic safety. On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 6:1 with Councilman Yamamoto dissenting, Budget #4 for $2,~655,000 Community Development Block Grant funds was approved and the followin~ resolution was adopted: RESOLUTION NO. 78-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE DRAFT APPLICATION FOR THE FUNDING OF THE FOURTH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE CITY OF SANTA ANA, AND DIRECTING AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTA- TIVE OF THE CITY OF SANTA ANA TO ACT IN CONNECTION WITH THE AFORESAID DRAFT APPLICATION, TO TAKE ALL NECESSARY STEPS TO FILE SAID APPLICATION AND TO PROVIDE SUCH ADDITIONAL INFORMA- TION AS MAY BE REQUIRED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. CA 140.20 In a subsequent motion made by Councilman Yamamoto, seconded by Councilman Bricken and carried 7:0 unanimously, Staff was directed to suggest alternate sources of funds to complete the Euclid Street widening project. CA 29.8 CITY COUNCIL MINUTES 53 FEBRUARY 6, 1978 PUBLIC HEARING - AMENDMENT Mayor Evans announced that APPLICATION 774 815 N. HARBOR this was the time and place ORDINANCE NO. NS-1404 1ST READING for the public hearing of Negative Declaration and Amendment Application 774 to rezone property located on the south side of Hazard Avenue between Harbor Boulevard and Figueroa Street from the R2B (Multiple Family Residential - B Parking Modifica- tion) District to the C2 (General Commercial) District. Planning Director Charles Zimmerman stated that the subject property, 20 feet by 48 feet, is located in the interior of an existing commercial development at 815 North Harbor Boulevard and the property is indicated on the General Plan as a special study corridor; that there was no opposition to the rezoning at the Planning Commission; and that the Commission unanimously recommended approval of the proposed rezoning. Robert S. Levin, owner of the subject property, stated that the proposed use of the property would provide the City with increased revenue. There being no further speakers, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Ortiz, carried 6:1, with Councilman Ward dissenting, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1404 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 774 TO REZONE PROPERTY LOCATED AT 815 NORTH HARBOR BOULEVARD, SANTA ANA FROM THE R2B (MULTIPLE FAMILY RESIDENTIAL - B PARKING MODIFICATION) DISTRICT TO THE C2 (GENERAL COMMERCIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 10-5-10. CA 10 STATUS REPORT Deputy City Manager G. LOGAN AREA David Tayco reported that a Request for Proposal had been reviewed by the Logan Area business and residential community representa- tives at a meeting held Thursday, February 2, 1978 at 7:30 P.M.; that the RFP was mailed out last Friday, and the consultants will have thirty days within which to respond; and that by approxi- mately the second week in March the responses could be reviewed by Staff and community representatives for selection. Samuel Romero, 2034 South Spruce, stated that speaking for the community, he would like to express their appreciation for the progress to date; that the rezoning procedure is a little bit behind schedule; and that they hope there are no further delays, because action to assist the residents of Logan is fifteen years overdue. City Manager Spragg announced that a letter received from the Department of Housin~ and Urban Development indicated that they would be willin~ to make loans to residents with the existin~ zoning. CA 78.6 RECESS Council members present. At 10:00 P.M. Mayor Evans recessed the meeting; at 10:07 P.M. the meeting was reconvened with all CITY COUNCIL MINUTES 54 FEBRUARY 6, 1978 EL MONTEREY BAR - DANCE PERMIT Mayor Evans announced that 2026 W. STH STREET the report and recommenda- DEFERRED TO LATER IN MEETING tions of the Hearing Officer Roy Giordano, following public hearing held in two sessions on January 10 and January 19, 1978, have been submitted to Council for action. Lt. Weatherly, Santa Ana Police Department, stated that an investigation of activities at the E1 Monterey Bar was initiated following receipt of complaints from residents of the neighborhood; that on the basis of the investigation, the dance permit for the E1 Monterey Bar was revoked by the Police Chief on December 16, 1977; and that the owner of the establishment had appealed the revocation. Police Department Legal Advisor Judy Ryan stated that the Appellant in the matter has the burden of proof; that the revocation was made on the basis of disorderly conduct within the premises and high crime rate in the immediate area of the subject establishment; and that it was her opinion that the Appellant did not disprove those facts. Councilman Ortiz moved and Councilman Yamamoto seconded his motion to approve the recommendations of the hearing officer. Vote on the motion was postponed to hear from a member of the audience. Alex Quintero, 515 North Townsend, speaking for residents in the neighborhood, stated that they would like to have the dance permit revoked. Mayor Evans announCedthat Council would proceed with the next Agenda item at this time and return to this matter later in the meeting. (Minutes Page 56) CA 127 ASSESSMENT DISTRICT NO. 241 Director of Public Works SANTA ANITA NORTHEAST John Stevens announced RESOLUTIONS 78-15, 16 & 17 ADOPTED that the proposed assess- ment district was the second to be funded by Community Development monies; that it consists of 54 acres bounded by Fifth Street, Washington Avenue, Harbor Boulevard and Jackson Street; that petitions from 52.12% of the property owners were presented to the City and it is recommended that resolutions adopting the plans, specifications, cost estimate and proposed boundary of the assessment district, declaring intention to order the street improvements, fixing a time and place for hearing objections and directing the Clerk to publish notice inviting construction bids, be adopted. Mr. Stevens also stated that if there are no major protests, the bid could be awarded at the Council meeting March 13, 1978. On the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Yamamoto, the following resolutions were adopted: RESQLUTION NO. 78-15 - A RESOLUTION OF THE CITY COUNCIL ADOPTING PLANS, SPECIFICATIONS, COST ESTIMATE AND MAP OF AN ASSESSMENT DISTRICT. RESOLUTION NO. 78-16 - A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS. TOGETHER WITH APPURTENANCES AND APPUR- TENANT WORK IN CONNECTION THEREWITH.'IN AN ASSESSMENT DIS- TRICT; DECLARING THE WORK OR IMPROVEMENTS TO BE OF MORE THAN ORDINARY OR LOCAL PUBLIC BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; DETERMIN- ING THAT BONDS SHALL BE ISSUED TO REPRESENT SAID COSTS AND EXPENSES; FIXING A TIME AND PLACE OF HEARING OBJECTIONS TO CITY COUNCIL MINUTES 55 FEBRUARY 6, 1978 SAID WORK AND IMPROVEMENTS OR TO THE EXTENT OF THE DISTRICT, OR TO THE PROPOSED GRADES, AND GIVING NOTICE THEREOF. RESOLUTION NO. 78-17 - A RESOLUTION OF THE CITY COUNCIL DIRECTING THE CITY CLERK TO POST AND PUBLISH THE NOTICE INVITING BIDS FOR PUBLIC IMPROVEMENT CONSTRUCTION WORK AND DECLARING THAT THE PROPOSALS ARE TO BE OPENED AT A PUBLIC MEETING AND REPORTED TO THE LEGISLATIVE BODY AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL AND APPROVING CONDI- TIONS OF BID. .CA 90 AGENDA ORDER - EL MONTEREY BAR DANCE PERMIT - HEARING OFFICER'S RECOMMENDATIONS - APPROVED tions proposed by the residents. Alex Quintero, representing Special Committee of the Artesia Neighbors, submitted to Council three recommenda- After discussion, the vote was taken on the previous motion made earlier in the meeting (Minutes Page 55) by Councilman Ortiz, seconded by Councilman Yamamoto, to approve the recommendations of the Hearing Officer; the motion passed on a 6:1 vote, with Mayor Evans dissenting. Those recommended actions were as follows: 1) The Order of the Chief of Police insofar as it revokes the "after hours" permit of January 5, 1976 be sustained; 2) The Order of the Chief of Police revoking the dance permit of September 24, 1974 be modified; 3) No valid permit exists for dancing after 1:30 A.M.; 4) Appellant be ordered to cease and desist in the use of any type of check-out pass; 5) The Order revoking the September 24, 1974 permit be condi- tioned as follows: a) Dancing on Wednesday, Thursday and Sunday between the hours of 8:00 P.M. and 12:00 Midnight; and between the hours of 8:00 P.M. and 1:30 A.M. on Fridays, Saturdays and Holidays (including May 5 and September 1S); b) No music may be played outside the premises; c) Two special officers shall be employed by the Management to be approved by the Chief of Police to keep the peace and enforce all statutes and ordinances during all times dancing is allowed; d) Off street parking must be provided within six months of this Order to the rear and next to the bar. On the motion of Councilman Garthe, seconded by Councilman Brandt, carried 7:0 unanimously, Recommendation III of the Artesia Neigh- bors was approved, to direct Staff to prepare a report and recom- mend additional street lights on the following streets near the B1 Monterey Bar: English, Townsend, Sunset and Daisy. Councilman Bricken moved to approve Recommendation II of the Artesia Neighbors, to instruct the Police Department to a) In- crease overall police patroling in the area, and b) To patrol Fifth Street with a Drunk Driving Team more effectively on a daily basis and especially on the weekends; the motion was seconded by Councilman Ortiz, and carried 4:3, with Councilmen Ward, Garthe and Yamamoto dissenting. CA 127 CITY COUNCIL MINUTES 56 FEBRUARY 6, 1978 COMMUNITY REQUEST RE Police Chief Raymond Davis, COP PROGRAM SERVICE TO BLACK summarized briefly his COMMUNITY -REFERRED TO HRC report dated January 31, 1978 and recommended that further examination of the concerns expressed by the community at the January 16 Council meeting be referred to the Santa Aha Human Relations Commission for a report back to Council at the first Council meeting in March; and that the examination should include a review of the handling of the cartoon related incident and the quality of police service extended to the Black community. Speaking on the subject from the audience were: Nathan Hill, 209 E. 20th Street Mickey Madden, 2319 North Rosewood Vida Martin, 730 South Lyon Nathan Hill stated that there is need for a much closer examina- tion of certain programs of high cost to the citizens of Santa Ana; that such an examination should not be delegated to the Human Relations Commission, but dealt with by the elected representa- tives of khe citizenry. He read the Law Enforcement Code of Ethics and questioned whether the Community Oriented Policing program lived up to those standards. Vida Martin called for the dismissal of the Police Officer who initiated the alleged racially derogatory cartoon because he is in her stated opinion unfit to serve in a multi-ethnic community. Mickey Madden suggested that the Officer had made a mistake, and that we should learn to live together. Councilman Ward moved the recommendation of the Police Chief, seconded by Councilman Bricken, but the motion failed on a 3:4 vote, with Councilmen Brandt, Garthe, Ortiz and Mayor Evans dissenting. Following Council discussion, Councilman Bricken moved to direct the Human Relations Commission to evaluate the Community Oriented Police program as to the level of service in the Black community, restricting their investigation or involvement to those areas outside personnel policies and practices, and to report back to Council its observations and recommendations; the motion was seconded by Councilman Brandt, and carried 4:3, with Councilmen Ward and Yamamoto, and Mayor Evans dissenting. CA 47 POTENTIAL FINANCIAL IMPACT Acting on the suggestion JARVIS INITIATIVE of the City Manager, Bruce STAFF DIRECTED TO REPORT Spragg, Council directed Staff to report on the potential financial impact on the City of Santa Ana should the Jarvis initiative succeed on the June ballot, on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Ortiz. CA 68.1 COUNCIL CHAMBERS MICROPHONE NEW MOUNTING DESIGN SUBMITTED audience microphone to improve the Councilman Bricken sub- mitted a drawing to the Clerk of the Council of a design to remount the reception of the speakers. ADJOURNMENT CITY COUNCIL MINUTES At 11:25 P.M. Mayor Evans adjourned the meeting. FLOkENCEI. MALONE CLEe~ Oe T.B 57 FEBRUARY 6, 1978 I I