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HomeMy WebLinkAbout03-13-1978MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA March 13, 1978 The meeting was called to order in the City Council Chamber, 22 Civic Center Plaza, at 2:04 P.M. by Mayor Vernon S. Evans. Council members present were David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, James E. Ward and Mayor Evans. Councilman Gordon Bricken 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, Planning Director Charles C. Zimmerman, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Ward. INTRODUCTION OF NEW ASSISTANT CITY MANAGER DANIEL E. STONE City Manager Bruce Spragg introduced to Council his new Assistant, Daniel E. Stone, CA 79 CONSENT CALENDAR Councilman Yamamoto removed ITEM REMOVED & Item 4B from the Consent DISSENTING VOTES Calendar. The following dissenting votes were registered on Consent Calendar Items: Councilman Yamamoto on 4D; Mayor Evans on 5 C; Councilman Ward on 4 D, 5 C and 5 D. Mayor Evans abstained from voting on Item 5 D because of his affiliation with First American Title Company. CONSENT CALENDAR On the unanimously approved STAFF RECOMMENDATIONS 6:0 motion of Councilman APPROVED Ward, seconded by Council- man Garthe, Council approved the recommendations of Staff on the following Consent Calendar Items: MINUTES Approved the Minutes of the Regular Meeting of February 6, 1978. BID CALL Approved plans and specifica- tions and authorized advertise- ment for bids on the following: PROJECT 3029 - Sanitary sewer in Santiago Street between 19th and 20th Streets. CA 89 BID AWARDS Awarded the following on basis of lowest responsible and responsive bidder: SPEC 77-046 - Two compact automobiles (additional); awarded to Roger Miller Chevrolet, Laguna Beach, in the amount of $9,021.38. (Five compact automobiles were approved under this SPEC 77-046 on December 12, 1977.) CITY COUNCIL MINUTES 89 MARCH 13, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued Rejected the bid from Crown Fire Coach on the following: SPEC 77-061 - 75 foot telesquirt. Approved specifications and authorized advertisement for bids on the following, and approved in concept replacement of the present squad truck with a heavy duty squad truck capable of carrying ladder company equipment: SPEC 78-014 - 1800 GMP diesel-powered 50' telesquirt fire engine. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: GEWELBER, Michael and SUSAK, Judy June 1700 East Garry, #119 - Original - Type "20" off-sale beer and wine. PROTEST - Variance required. ANDILIOUS, W. Jacob and Samira W. nut - Person to Person Transfer - beer and wine. 401 East Chest- Type "20" off-sale ISAACSON, Jack and Pauline - 4202 West First Street - Person-to-Person Transfer - Type "42" on sale beer and wine. Councilman Ward registered a NO vote. (Agenda Item 4D) CA 146 VARIANCES & Approved and filed Negative CONDITIONAL USE PERMIT Declarations or Notice of Exemption, as applicable, and Planning Commission Findings of Fact on the following: NEGATIVE DECLARATION & VA 78-2 - Filed by Medeley Trinity Methodist Church to allow the expansion of an existing church on less than four acres at 711 North Bristol Street in the C4 District. APPROVED. NEGATIVE DECLARATION & VA 78-6 - Filed by John Homer Gross to allow construction of a motel with kitchens at 718 South Harbor Boulevard in the C2 District. DENIED. NOTICE OF EXEMPTION & VA 78-7 - Filed by J. C. Fortune Pontiac, G.M.C., to allow a 50-foot high freeway oriented pole sign, modifying VA 1833 which allowed an existing pole sign over 35 feet on the same property, at 2000 East 1st Street in the C2 District. APPROVED 35-foot sign. Councilman Ward and Mayor Evans registered NO votes. (Agenda Item 5 C) CA 13 NEGATIVE DECLARATION & CUP 78-1 Filed by Santa Clara Townhouses to permit the construction of a 61-unit con- dominium project in the P District, southeast corner of Santa Clara and Broadway. Councilman Ward registered a NO vote; Mayor Evans abstained because of his affilia- tion with First American Title Company, which is proces- sing the escrow for the development. (Agenda Item S D) CA 15.1 CITY COUNCIL MINUTES 90 MARCH 13, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued DEED NO CASH GRANTOR CITY Authorized execution of the following deed by Mayor and Clerk: KOSS, Frank D. and Marleene E. West side of Doreen Way south of Occidental as relinquishment of sewer easement. CA 155 COMPLETION OF IMPROVEMENTS Authorized release of performance monument, labor and materials bonds on the following: TRACT NO. 9303 - West side of Fairview south of the Santa Aha River. CA 24 SURPLUS PROPERTY Declared vacant real property REPORT surplus and authorized direct negotiation for sale to adjacent property owner, in conformance with Section 2-706.1 of the Municipal Code, on the following: SPR NO. 78-1 PROJECT 1310 - Northwest corner Civic Center Drive East and French Street - Irregularly shaped parcel of real property containing 5,693 square feet. CA 45 AGREEMENT Approved the following agree- ment and authorized its execution by Mayor and Clerk: MODIFICATION OF SENIOR CENTER - Between City and State of California for State Office on Aging grant funds ($1,359) to modify an activity room at the Senior Citizens Center. A-78-13 LIABILITY CLAIMS Referred to administration claims received from February 28 to March 6, 1978. CA 6S.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS March 6, 1978. Received and filed report of Proclamations issued by the Mayor from February 28 to CA 46 ~ * * * * * * ~ CONSENT CALENDAR FINIS ALCOHOLIC BEVERAGE LICENSE The following ABC License APPLICATION - 121S-A E. POMONA Application was received FILED and filed, on the motion of Councilman Brandt, seconded by Councilman Garthe, carried 4:2, with Councilmen Ward and Yamamoto dissenting: BRIGGS, Sally and PUGSLEY, Fern E. - 1215-A East Pomona Street - Person-to-Person Transfer - Type "40" on-sale beer. (Agenda Item 4 B) CA 146 CITY COUNCIL MINUTES 91 MARCH 13, 1978 READING WAIVED Councilman Brandt'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 Ward, and carried unanimously 6:0. ORDINANCE NO. NS-140S AN ORDINANCE OF THE CITY CALLING ELECTION OE SANTA ANA ORDERING, ADOPTED CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE SAID CITY ON JUNE 6, 1978, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE SAID CITY CERTAIN PROPOSALS TO AMEND THE CHARTER OF THE SAID CITY was placed on second reading and adopted by unanimous 6:0 vote, on the motion of Councilman Ward, seconded by Councilman Ortiz. CA 68 ORDINANCE NO. NS-1406 Consideration of the BENCHES ON STREETS following ordinance CONTINUED TO APRIL 3~ 1978 was continued to April 3, 1978, on the unanimously approved 6:0 motion of Councilman Ward, seconded by Councilman Garthe: ORDINANCE NO. NS-1406 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 33-100 THROUGH 33-113 REGULATING PLACEMENT OF BENCHES ON PUBLIC STREETS. CA 55 ORDINANCE NO. NS-140? AN ORDINANCE OF THE CITY CONDUCT IN PUBLIC PARKS OF SANTA ANA AMENDING FIRST READING CHAPTER 51 OF THE SANTA ANA MUNICIPAL CODE, REGULAT- ING CONDUCT IN PUBLIC PARKS was placed on first reading on the Motion of Councilman Ward, seconded by Councilman Brandt, carried 5:1, with Councilman Yamamoto dissenting. CA 52 RESOLUTION NO. ?8-25 A RESOLUTION OF THE CITY ELECTION REQUEST COUNCIL OF THE CITY OF ADOPTED SANTA ANA REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF SANTA ANA WITH THE GENERAL ELECTION TO BE HELD ON JUNE 6, 1978 was adopted by unanimous 6:0 vote, on the motion of Councilman Ward, seconded by Councilman Garthe. CA 68 RESOLUTION NO. 78-26 A RESOLUTION OF THE CITY ELECTION ARGUMENTS COUNCIL OF THE CITY OF ADOPTED SANTA ANA ESTABLISHING A PROCEDURE FOR THE FILING OF REBUTTAL ARGUMENTS BY PROPONENTS AND OPPONENTS OF CITY MEA- SURES SUBMITTED TO POPULAR VOTE AT MUNICIPAL ELECTIONS OF THE CITY OF SANTA ANA was adopted on Councilman Ward's motion, seconded by Councilman Brandt, carried unanimously 6:0. CA 68 RESOLUTION NO. ?8-27 A RESOLUTION OF THE CITY POLICE RECORDS RETENTION COUNCIL OF THE CITY OF ADOPTED SANTA ANA ESTABLISHING A RECORDS-RETENTION SCHEDULE FOR THE POLICE DEPARTMENT AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE THEREWITH was adopted on the motion of Councilman CITY COUNCIL MINUTES 92 MARCH 13, 1978 Brandt, seconded by Councilman Ortiz, unanimously 6:0 carried. Chief Davis clarified that only 3" x 5" index cards would be destroyed as provided in the retention schedule established by Resolution No. 78-27; that the records themselves are micro- filmed and that no personnel or internal investigation files are involved. CA 47 FIRE PROTECTION MASTER PLAN On the motion of Council- ADOPTED Brandt, seconded by Coun- cilman Ortiz, carried 6:0 unanimously, the City of Santa Ana Fire Protection Master Plan as submitted to the City Council on February 6, 1978, was adopted, and the Fire Chief was instructed to utilize the document as a guide for fire protec- tion and emergency medical service planning and for managing the Fire Department. The motion also directed the Fire Chief to bring to Council for prior approval any proposed implementa- tion that will require ordinance or budget changes. Fire Chief B. J. Thompson stated that probably S0 to 80 per cent of the Master Plan had already been implemented, and that he would now begin to develop, through meetings with the citizens and utilization of their input, an ordinance to provide for fire protection standards outlined in the Master Plan. CA 64.4 SPEEDING ON STANFORD STREET On the recommendation of TEMPORARY DRIVEWAY CLOSURE Traffic Engineer Joe E. AUTHORIZED Foust in his report dated March 7, 1978, and on the motion of Councilman Brandt, seconded by Councilman Ward, carried 6:0 unanimously, the Staff was authorized to develop temporary driveway closures on King Street utilizing barricades agreeable to both residents and Stater Brothers, and to proceed with the installation. The report indicates that Starer Brothers has agreed to the closure of the two driveways. CA 69 CA 151.5 PROPOSED DEVELOPMENT OF The status report dated LOWER SANTIAGO CREEK March 8, 1978 prepared STATUS REPORT FILED by Director of Public Works John E. Stevens, on the proposed development of the Lower Santiago Creek was received and filed on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 6:0 unanimously. Mr. Stevens reported that the Board of Supervisors, following a lengthy hearing at its February 22, 1978 meeting, failed to approve any portion of the Environmental Impact Report or the Specific Plan, and that the Board ordered the Specific Plan referred back to the Environmental Management Agency for development of alternatives feasible and acceptable to the Cities of Santa Ana, Orange and Villa Park. CA 52 CA 112.16 EUCLID AVENUE IMPROVEMENTS The report dated March 7, GAS TAX FUNDING AUTHORIZED 1978, prepared by Director REPORT FILED of Public Works John E. Stevens, was received and filed, and $255,000 of the City's 1978-79 Gas Tax Budget was authorized for use to improve Euclid Avenue from First to Seven- teenth Street, on the motion of Councilman Garthe, seconded by Councilman Yamamoto, carried 5:1, with Councilman Ward dissenting. Councilman Ward expressed his disappointment that the County had rejected funding of the approaches to the Bristol Street bridge through the Arterial Highway Financing Program. CITY COUNCIL MINUTES 93 MARCH 13, 1978 Mr. Stevens' report indicates that with the authorized Gas Tax funds and the $169,000 appropriation from the Fourth Year (1788-79) Housing and Community Development Block Grant funds, the Euclid Street improvement from First to Seventeenth Street is fully funded. CA 29.4 NOISE AT U.S. POST OFFICE 2201 N. GRAND AVE. STATUS REPORT FILED report dated March 8, 1978, Safety Wendell S. Bril, to On the motion of Councilman Brandt, seconded by Council- man Ortiz, carried 6:0 unanimously, the status prepared by Director of Building report the progress of the noise studies and the negotiations between the residents and the representatives of the Post Office, was received and filed. The report lists nine different suggestions made for solution of the problem. The participants of the meetings are evaluating the suggested steps for feasibility of implementation, and were requested, by copy of the report, to provide information to the Director of Building Safety within 30 days regarding their evaluation of the proposed solutions. CA 145.4 AGENDA ORDER IMPACT OF JARVIS AMENDMENT DEFERRED to the discussion of the Impact of in the afternoon. Mayor Evans announced that he would proceed with the Agenda items scheduled and return the Jarvis Amendment later ANNEXATION OF COUNTY ISLANDS The status report of STATUS REPORT Annexation of County FILED Islands dated March 9, 1978, prepared by Rick Rough, Management Intern, was received and filed on the unani- mously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Ortiz. CA 94 The report includes a map showing the eight proposed annexations, a flow chart specifying the County island annexation process under the provisions of the Municipal Organization Act, 1977 and a Schedule of Annexations showing the proposed sequence of annexations and the procedure schedule for seven of the eight annexations proposed. RESPONSE TO ARTESIA NEIGHBORS A report dated March 9, EL MONTEREY BAR, 2026 W. STH 1978 prepared by Sergeant FILED O.L. Drummond of the Police Department, entitled Police Response to Demands by Artesia Neighbors, was received and filed on the motion of Councilman Ortiz, seconded by Council- man Brandt, and carried 6:0 unanimously. The report reviews the modified restrictions placed on the dance permit for the E1 Monterey Bar at 2026 West Fifth Street, describes the additional enforcement measures being taken by the Police Department, and states that Area A Supervisors have been instructed to maintain daily logs documenting activity to be filed with the Area A Commander. CA 127 CITY COUNCIL MINUTES 94 MARCH 13, 1978 SOUTH COAST TOWN CENTER On the motion of Council- LEGAL ACTION BY CITY man Ward, seconded by AUTHORIZED Mayor Brans, carried 4:2, with Councilmen Brandt and Garthe dissenting, the City Attorney was authorized to file suit prior to March 16, 1978 to challenge the sufficiency of the Environmental Impact Report filed on the South Coast Town Center Development in the City of Costa Mesa. Planning Director Charles Zimmerman reported that the City of Costa Mesa had filed a general plan amendment for incremental development, the first phase of which is the 16-story Prudential building, and that the full impact of the development on traffic has not been established. City Manager Bruce Spragg reported that he expects the traffic study to be conducted by the County for the Central County area will take about a year to complete. The adopted motion followed an identical motion defeated by a 3:3 vote, with Councilmen Brandt, Garthe, and Ortiz dissenting. Councilman Ward then moved to continue the matter to March 1S, 1978, seconded by Councilman Brandt, and carried 5:1, with Coun- cilman Ortiz voting NO. The successful motion was substituted for this motion to continue following a recess at 3:15 P.M. and suggestion by the Mayor, unanimously consented to, to reopen the matter for a substitute motion. CA 78.12 PRO & CON ARGUMENTS FOR On the motion of Council- BALLOT MEASURES - JUNE 6 ELECTION man Ward, seconded by COUNCIL MEMBERS AUTHORIZED Councilman Brandt, unanimously 6:0 carried, one or more Council members was authorized to write arguments for or against all of the measures or any one or combination of the measures prior to 5:00 P.M. March 23, 1978. Councilman Brandt and Mayor Evans stated they preferred not to write arguments for or against any of the ballot measures. The report dated March 9, 1978 prepared by Clerk of the Council Florence Malone stated Election Code provisions, and recom- mended that Councilmen desiring to write arguments be authorized to do so. CA 68 RECESS At 3:15 P.M. Mayor Evans recessed the meeting; the meeting was recon- vened at 3:25 P.M., with all Councilmen present except Councilman Bricken. The recon- sideration of the South Coast Town Center legal action recorded above was concluded at this time. PRELIMINARY REVIEW City Manager Bruce Spragg IMPACT OF JARVIS AMENDMENT stated that he had added material for Council review comparing the three bills, Jarvis, Rodda and Behr, pending in California; that if the Jarvis Amendment is passed by the voters of California, there will be only 24 days before the beginning of the City's fiscal year; that the effect of the passage of the Jarvis Amend- ment on the City's budget would be a loss of approximately 8.6 million dollars from property tax revenues or 24% of our total operating budget; and that the Staff is preparing a contingency budget that will reflect a substantial reduction in essential City services. CA 68 CITY COUNCIL MINUTES 95 MARCH 13, 1978 HIRING FREEZE REPORTS A status report on the EFFECT ON CETA PSE PROGRAMS hiring freeze dated FILED March 9, 1978 prepared by Deputy City Manager Manuel Rede, and a report dated March 8, 1978 written by Manpower Coordinator Keith E. Blunt, on the effect of the hiring freeze on CETA (Comprehensive Employment Training Act) Public Service Employment Programs, were received and filed on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Ortiz. CA 131.11 HIRING FREEZE EXEMPTION REQUESTS On the motion of Council- PUBLIC WORKS DEPARTMENT man Garthe, seconded by ASSISTANT CITY ENGINEER - CONTINUED Councilman Ward, carried ASSOC. REAL PROPERTY - DISAPPROVED 5:1, with Councilman Yamamoto dissenting, con- sideration of exemption of the position of Assistant City Engineer in the Public Works Department from the hiring freeze was continued to March 20, 1978. This motion followed a motion to approve the exemption made by Councilman Garthe, seconded by Councilman Brandt, which did not carry, on a 3:3 vote with Councilmen Ward, Yamamoto and Ortiz dissenting. An exemption from the hiring freeze for filling the position of Associate Real Property Agent for the Public Works Department was disapproved when Councilman Garthe's motion, seconded by Councilman Brandt failed to carry on a 2:4 vote with Councilmen Ward, Yamamoto, Ortiz and Mayor Evans dissenting. CA 50 CA 99 HIRING FREEZE EXEMPTION REQUESTS Recruitment and appointment REDEVELOPMENT AGENCY of Assistant Executive ASST. DIRECTOR & STENO AUTHORIZED Director following the OTHER REQUESTS CONTINUED March 21 bond sale and authorization to submit a new Classification Specification for the position to Council, was authorized, on the motion of Councilman Garthe, seconded by Councilman Brandt, and carried S:l, with Mayor Evans dissenting. On the motion of Councilman Garthe, seconded by Councilman Brandt, and carried 5:1, with Councilman Yamamoto dissenting, considera- tion of an exemption for the position of Administrative Assistant was continued to March 20, 1978. A prior motion to approve the filling of the position, made by Councilman Brandt, seconded by Councilman Garthe, failed to carry on a 3:3 vote, with Council- men Ortiz, Ward and Mayor Evans dissenting. An exemption from the hiring freeze to allow the hiring of Steno Clerk was authorized on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 4:2, with Councilman Ortiz and Mayor Evans dissenting. A motion made by Councilman Brandt, seconded by Councilman Garthe to authorize the Executive Director of the Redevelopment Agency to hire temporary employees in the event the bond does not sell, for a period of six months, until the results of the Jarvis amendment are known, failed on a 3:3 vote, with Councilmen Ortiz, Ward and Mayor Evans dissenting. A subsequent motion to continue to March 20 consideration of authorization to hire temporary employees by the Executive Director as requested, made by Councilman Garthe, seconded by Councilman Brandt, carried 5:1, with Councilman Yamamoto dissenting. An exemption from the hiring freeze of a Rehabilitation Planning Specialist following the bond sale of March 21 was continued to March 20 on the motion of Councilman Brandt, seconded by Council- man Ward and carried 6:0 unanimously. CA 50; CA 82 CITY COUNCIL MINUTES 96 MARCH 13, 1978 HIRING FREEZE EXEMPTION REQUEST The recruitment and hiring COMMUNITY DEVELOPMENT of an Accountant II for ACCOUNTANT II AUTHORIZED the Community Development Office with funds from the 1977-78 budget for the Community Development Block Grant Program was approved on the motion of Councilman Ward, seconded by Coun- cilman Garthe, and carried 4:2, with Councilman Ortiz and Mayor Evans dissenting. CA 50; CA 140.20 MAJOR DIVERSION PROGRAM Appropriation Adjustment APPROPRIATION ADJUSTMENT 109 No. 109 transferring APPROVED $7,370 from Police General Fund Other Contractual Services to Major Diversion Grant Fund to implement Council approval of matching funds on September 6, 1977 was approved on the motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried 6:0 unanimously. CA 65.3 PROJECT 6139 - EL SALVADOR PARK On the motion of Council- APPROPRIATION ADJUSTMENT 112 man Ward, seconded by APPROVED; BID CALL APPROVED Councilman Brandt, carried 6:0 unanimously, Appro- priation Adjustment No. 112 transferring $6,800 from Acquisition and Development Anticipated Revenue to Acquisition & Development Improvements account for renovation of E1 Salvador Park all-purpose court was approved, and plans and specifications for Project 6139 - Renovation of E1 Salvador all-purpose court, were approved and authorization given to advertise for bids. CA 65.3 CA 89 APPROPRIATION ADJUSTMENT 116 The recommendation of NIGHTTIME ACCIDENT STUDY Traffic Engineer Joe E. CONTINUED TO MARCH 20 Foust dated February 28, 1978 to approve an Appropriation Adjustment to utilize $52,850 from the State of California Office of Traffic Safety to conduct a nighttime traf- fic accident study, and authorization to recruit an Associate Engineer (Traffic) and a Traffic Technician for one year to conduct the study, was continued to March 20, 1978 on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 5:1, with Councilman Garthe dissenting. The motion to continue was substituted for a motion to approve the study made by Councilman Brandt, seconded by Councilman Garthe. CA 65.3 APPROPRIATION ADJUSTMENT 119 The transfer of $9,000 AUTOS FOR BUILDING DEPT. from Salaries and Wages APPROVED account accrued due to unfilled positions in the Building Safety Department for the current year, to Machinery and Equipment, for the purchase of automobiles for the new Plumbing Inspector and Building Conservation Inspector positions authorized effective January 1, 1978, was approved on the motion of Councilman Garthe, seconded by Councilman Ward, and carried 6:1, with Councilman Yamamoto dissenting. CA 65.3 APPROPRIATION ADJUSTMENT 120 On the motion of Council- PROJ. 8110 - BIKE TRAIL ALONG SPRR man Ward, seconded by APPROVED (WARNER TO BRISTOL) Councilman Brandt, carried 6:0 unanimously, Appro- priation Adjustment No. 120 allocating $42,685 Senate Bill 821 gasoline sales tax funds for pedestrian and bicycle facilities to Project 8110 for the Southern Pacific Rail Road Bike Trail was approved. CA 65.3 CITY COUNCIL MINUTES 97 MARCH 13, 1978 APPROPRIATION ADJUSTMENT 121 Appropriation Adjustment PROJ. 3029 SEWER IN SANTIAGO ST. No. 121 to transfer APPROVED $4,200 from Street Lighting account to Project 3029 Sanitary Sewer in Santiago Street between 19th and 20th Streets, was approved on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Garthe. CA 65.3 REQUEST TO ALLOW KEEPING A Mrs. Jackie Maynard, WOOLLY MONKEY IN CITY 2002 Santa Clara, stated STAFF REPORT REQUESTED that she has owned a woolly monkey for seven years and had recently been advised that the City ordinance does not allow it; she requested that the City Council consider changing the Municipal Code by ordinance to allow her to keep a woolly monkey. City Manager Bruce Spragg stated that the animal ordinance does not provide for that variety of monkey and it is classi- fied as a wild animal; that he believes there was a complaint by one of her neighbors which alerted the Animal Control Officer to inform her that keeping the monkey in the City is a violation. Mrs. Maynard stated that she had kept the monkey in her present apartment complex for 1-1/2 years with no problem. When asked by Councilman Ward, City Attorney Keith Gow stated that the ordinance does not allow for exceptions. On the motion of Councilman Ward, seconded by Councilman Ortiz, carried 4:2, with Councilmen Garthe and Yamamoto dissenting, Staff was requested to prepare a report for the March 20 meeting, giving Council the nature of the complaint made and more information from which to make a decision for or against amend- ing the Code. CA 95 ORAL COMMUNICATION Alex Acevedo, 207 East WAIVER OF FEE - MUNICIPAL BOWL Fourth Street, on behalf APPROVED of the Amigos for Baja, California, requested waiver of fee for the use of the Municipal Bowl from 10:00 A.M. to 6:00 P.M. on March 18, 1978 to hold a band concert for the collection of canned goods, medicine, children's clothing and blankets for the victims of the flood in Tijuana. Mr. Acevedo stated that the admission would be one of the items mentioned and the entertainment would be by ten bands and various singers. With the assurance that the clean-up and security would be provided by the Amigos for Baja, California group at no cost to the City, and that the sound system is not excessively loud, waiver of fee for use of the Municipal Bowl on March 18 was authorized as requested, on the unanimously approved 6:0 motion of Councilman Ortiz, seconded by Mayor Evans. CA 52.8 ORAL COMMUNICATION - HOUSING Deputy City Manager UNITS FOR ELDERLY & HANDICAPPED Manuel Rede reported REFERRED TO HOUSING COMMISSION that during the past two weeks the Housing Authority Staff had been approached by two different developers who wish to construct approximately 100 to 130 housing units for the elderly and handicapped in the City of Santa Aha in the general area south of Seventeenth Street and west of Tustin Avenue near Santa Ana Tustin Community Hospital; that both developers, Forest City Dillon and Goldrich Kest & Associates, had asked to make presentations to Council to describe the proposed projects. Councilman Ortiz' motion, seconded by Council- man Ward, to authorize the Housing Advisory Commission to schedule the requested presentations and to report to Council its findings and recommendations, carried unanimously 6:0. CA 137 CITY COUNCIL MINUTES 98 MARCH 13, 1978 ORAL COMMUNICATION Councilman John Garthe, REQUEST BY IRVINE RANCH WATER the City's representative DISTRICT - SUPPORT AUTHORIZED to the Orange County Water District, reported that the Irvine Ranch Water District had requested authority to drill and operate wells in southern Santa Aha; that the matter would be on the Agenda for the next meeting of the Orange County Water District, and he asked for Council policy in the matter. On the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Ward, Councilman Garthe was authorized to support the installation of wells in southern Santa Ana with the provision that the wells be under the administration and control of the Orange County Water District. CA 12 CA 80.6 ORAL COMMUNICATION Councilman Garthe announced LEAGUE OF CITIES DUES that the Orange County Division, League of Cali- fornia Cities would be discussing and possibly taking action on the 1978-79 dues struc- ture; and that there had been discussions concerning increasing the $14,000 budgeted salary of the Executive Director and fund- ing the additional salary by assessment of each member. Council- men informally agreed to discuss this matter at the next Council meeting. CA 148.1 ORAL COMMUNICATION Mayor Evans stated that ARTESIA-PILAR NEIGHBORS he had received a letter POLICE FACILITY SITE dated March 10, 1978 from the Artesia-Pilar Neigh- bors signed by 15 residents represented by Tim Corcoran request- ing notices of meetings of the Citizens Advisory Committee on the proposed Police Facility Site and permission to attend those meetings. Councilman Brandt responded that the meeting room scheduled for the meeting referred to in their letter was too small to accommodate the 60 persons who had asked to be admitted and that Committee meetings were open to the public to the extent they could be accommodated. CA 47 ORAL COMMUNICATION Vice Mayor Ward announced CYPRESS STREET TREE REMOVAL that he had received REFERRED TO STAFF letters regarding the re- moval of the street trees on Cypress Street south to Edinger. On the motion of Council- man Ward, seconded by Councilman Brandt, carried 6:0 unanimously, Staff was requested to report to Council on the City's tree removal and replacement program. Councilman Garthe also pointed out that trees had been removed in the area west of Bristol and south of First Street. CA 52 ZONING & ANIMAL ORDINANCES A letter dated March 9, VIOLATIONS to the Mayor from Robert REFERRED TO STAFF Freeman and Bert Perrin, 2019 South Sycamore Street, requesting correction of existing zoning and animal ordinance violations at 2018 South Main Street was referred to Staff for investigation and report on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 10.2 CA 95 RECESS Council recessed for EXECUTIVE SESSION an Executive Session to discuss legal matters at the request of the City Attorney, on the unanimously carried motion 6:0 of Councilman Ortiz, seconded by Councilman Bricken. CITY COUNCIL MINUTES 99 MARCH 13, 1978 RECESS P.M. with Councilmen Bricken and At 4:53 P.M. the meeting was recessed for dinner, and the evening meeting was reconvened at 7:35 Garthe absent. INVOCATION Following the Pledge of PLEDGE OF ALLEGIANCE Allegiance to the Flag, the Invocation was given by Reverend Gary Beard of the Grand Avenue United Methodist Church. CA 80.17 SPECIAL PRESENTATION Isiah Robertson of the Los ISIAH ROBERTSON - L.A. RAMS Angeles Rams Football CITY TILE PRESENTED Team was honored by the City of Santa Ana with the presentation of a City Seal Tile plaque for his successful efforts to obtain 800 tickets to Los Angeles Rams football games for Santa Ana youth. Mr. Robertson received the City tile from Councilman David Brandt, who expressed the City's appreciation. CA 73B SPECIAL PRESENTATION Mary Jane Alexander, a PROCLAMATION - RED CROSS MONTH member of the Board of Directors of the Orange County Chapter of the American Red Cross accepted from Councilman Ward a proclamation supporting March as Red Cross month. Mrs. Alexander accepted, and said that the Orange County Chapter of the American Red Cross is very proud to be part of the Santa Ana community. CA 46 APPEAL #386 - VA 77-76 Mayor Evans announced that 1432 E. 17TH STREET a letter dated March 10, 1978 CONTINUED TO APRIL 17 had been received from the appellant Joan B. Glad, asking that the matter be continued to allow her to develop additional evidence in support of the Appeal. On the motion of Councilman Brandt, seconded by Councilman Ward, Appeal #386 was continued to April 17, 1978 to provide sufficient time for Planning Commission review of the new evidence, on the motion of Councilman Brandt, seconded by Councilman Ward, and carried S:0 unanimously. CA 13.3 PUBLIC HEARING - APPEAL #387 Mayor Evans announced CUP 77-44 802 E. WASHINGTON AVE. that this was the time DENIED APPEAL #387 and place for the public hearing of Negative Declaration and Appeal #387 of the denial of Conditional Use Permit 77-44 by the Planning Commission to allow an automobile salvage yard and the retail sales of used automobile parts in the M2 District at 802 East Washington Avenue. Planning Director Charles Zimmerman stated that the subject site is 1.06 acres and located at the southeast corner of Santiago and Washington Streets; that there are 34 off-street parking spaces; that the Planning Commission determined that the proposed use could be detrimental to the surrounding areas and would not offer any incentive for upgrading the area; that there are 46 salvage yards in the County of Orange and Santa Ana has 20 or 44% of them, which more than meets the needs of the community; that at the Planning Commission hearing held February 13, 1978 there were six speakers in opposition, and that the Planning Commission voted 6:1 to recommend denial of the conditional use permit requested. CITY COUNCIL MINUTES 100 MARCH 13, 1978 Speakers in favor of the Appeal were: Edward Agnew, 2447 Heliotrope Dr., owner of the subject property Dean Evans, 2530 N. Grand Ave., attorney for appellant Barry Isenberg, Isenberg and Associates, consultant for appellant Louis Hanberger, 1413 Superior Avenue, Newport Beach, part-owner who presented a petition signed by businessmen in the area endorsing the proposed project Proponents emphasized that the planned salvage yard represents a 1/2 million dollar investment; that it is not in the area designated as "Logan"; that the proposed site is in the M2 District, and that all the adjoining property is M2; that five of the opposing speakers at the Planning Commission hearing did not own property or a business within 300 feet of the subject location; and that the operation is an automobile recycling operation and it will be conducted entirely indoors with no noise and no dirt. Those speaking in opposition to the Appeal were: Samuel Romero, 2034 South Spruce Martha Velasco, 836 East Washington Martin Gonzalez, 1008 East Washington Helen Moraga, 1337 Custer Josephine Adrade, 935 Logan The opponents objected to the keeping of dogs and the probability of the presence of rats; they stated that junk yards are fre- quently set on fire. They suggested that traffic congestion would increase. They noted that there are already several junk yards in the neighborhood, and that the Logan residents have long been trying to upgrade and improve their neighborhood. Speaking in rebuttal, proponent Mr. Evans stated that the oppon- ents were getting hung up on a language and communication problem; that the proposal is not for a junk yard, it is for an auto recycling center; that it will represent a one-half million dollar investment in a depressed area; that there will be no guard dogs, no rats; and that they have agreed to the condition of an annual review by the Planning Commission of the CUP. There being no further speakers, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Ward, carried 4:1, with Councilman Ortiz dissenting, Appeal No. 387 was denied and the City Attorney directed to prepare the resolution confirming this action. CA 13.4 PUBLIC HEARING - AMENDMENT APPLICATION 782 NS-1409 NEGATIVE DECLARATION FILED FIRST READING tion 782 to rezone property Mayor Evans announced that this was the time and place for the public hear- ing of Negative Declara- tion and Amendment Applica- on the north side of Seventeenth Street between Fairview Street and the Santa Ana River from the R1 and C1 Districts to the R1-PRD District. Planning Director Charles Zimmerman stated that the subject parcel is 8.53 acres; that 7.3 acres is zoned Ri and 1.23 acres is zoned C1; that the applicant proposes to construct approxi- mately 60 residential condominium units on the site; that the General Plan designation is low-density residential; and that there was no opposition at the Planning Commission hearing on February 13, and the Commission unanimously recommended approval of the proposed zone change. CITY COUNCIL MINUTES 101 MARCH 13, 1978 There being no speakers on the matter, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Ortiz, and carried 4:1, with Councilman Ward dissenting, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1409 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 782 TO REZONE PROPERTY LOCATED AT 1817 NORTH FAIRVIEW STREET FROM THE Ri (SINGLE FAMILY RESIDENCE) AND C1 (COMMUNITY COMMERCIAL) DISTRICTS TO THE R1-PRD (SINGLE FAMILY RESIDENCE - PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 2-5-10. CA 10 PUBLIC HEARING EIR & Mayor Evans announced SPECIFIC PLAN FOR STREET that this was the time and ALIGNMENT 49 - COLLEGE AVE. place for the public CONTINUED TO MARCH 20 hearing of Environmental Impact Report and Specific Plan for Street Alignment No. 49 College Avenue north of Seventeenth Street. Director of Public Works John Stevens stated that the realignment of College Avenue north of Seventeenth Street is proposed to correct an offset intersection that obstructs the flow of left-turning traffic; that the plan has been reviewed and recom- mended for approval by the Planning Commission; and that the property to be acquired is owned by Donald Sher while the remaining surplus property can be traded with the County of Orange for the 12-foot frontage required for the widening of the north side of Seventeenth Street east of College. There were no speakers and Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Ortiz, the Environmental Impact Report and Specific Plan for Street Alignment No. 49 public hearing was continued to March 20, 1978 on a 4:1 vote with Councilman Yamamoto dissenting. A prior motion to approve the alignment, by Councilman Brandt, seconded by Councilman Ortiz failed to carry 3:2, with Council- man Yamamoto and Mayor Evans dissenting. CA 29.7 RECESS At 9:00 P.M. Mayor Evans declared a recess; the meeting was reconvened at 9:10 P.M. with the same Council members present. AGENDA ORDER ASSESSMENT DISTRICT 241 The public hearing for Assessment District No. 241 was delayed until later in the meeting. CITY COUNCIL MINUTES 102 MARCH 13, 1978 PUBLIC HEARING REVENUE SHARING Mayor Evans announced FUNDS TO FIRE STATION #4 that this was the time APPROVED and place for the public hearing to consider the reallocation of revenue sharing funds for the construction of Phase 1 of Fire Station #4. There were no proponents or opponents, and the Mayor closed the hearing. On the motion of Councilman Ward, seconded by Councilman Brandt, carried S:0 unanimously, the reallocation of $50,000 Revenue Sharing Funds from Account 401-116, Project 812S, presently designated for the purchase of property, to Account 401-116 - Project 81SS, for the construction of Phase I of Fire Station #4, as recommended in the report dated March 6, 1978, prepared by Fire Chief B. J. Thompson, was approved. CA 64 Councilman Garthe joined the Council meeting at 9:12 P.M. APPLICATION FOR CERTIFICATE Prior to the vote on a MEDIX AMBULANCE motion by Councilman Brandt, APPROVED FOR ONE YEAR seconded by Councilman Ward, to approve the recommendation of the Hearing Officer received March 7, 1978, to deny the requested Certificate of Convenience and Necessity to operate an ambulance in the City filed by Michael John Dimas dba Medix Ambulance, the Council agreed to listen to speakers on the matter. Those speaking for the applicant's application were: Ellis Boden, 819 West Stevens Volney Morin, Sr., 930 West Pomona Karin Strachan, 17042 Grovemont Michael Dimas, Applicant The speakers cited incidents of poor service and delayed response to emergencies; they emphasized the need for good ambulance ser- vice and rapid response time in the City, and stated that Mr. Dimas offered such a service. Mr. Dimas pointed out that the Hearing Officer found him competent and qualified to operate an ambulance; that he does not presently wish to be included in the Fire Department emergency response system, but that he would cooperate and be prepared to respond in the event that the assigned company for the area is unavailable. Following the speakers and a Council discussion, Councilman Yamamoto offered a substitute motion, seconded by Councilman Ortiz, to grant for one year the application for Certificate of Convenience and Necessity to operate one ambulance made by Michael John Dimas doing business as Medix Ambulance, and to direct the Clerk of the Council to issue the Certificate. The motion carried 4:2, with Councilmen Brandt and Garthe dissenting. Included in the motion, Council directed the Clerk of the Council to calendar a review of the applicant's performance after a year's operation for Council to determine whether or not to con- tinue the permit. CA 96 CITY COUNCIL MINUTES 103 MARCH 13, 1978 PUBLIC HEARING - A.D. NO. 241 Mayor Evans announced that SANTA ANITA NORTHEAST this was the time and place RESOLUTIONS 78-28, 29, 30, 31 for the public hearing of ADOPTED; BID AWARD APPROVED protests and objections to the proposed construction of certain street improvements, together with appurtenances and appurtenant work, and all matters relating to Assessment District No. 241; and further, to determine whether or not said proceed- ings should proceed without the provisions of Division 4 of the Streets and Highways Code of the State of California; and that it is a combined hearing. The Clerk of the Council announced that the Resolution of Inten- tion was regularly published and due notice of this Hearing and the adoption of the Resolution was duly made and given in the manner and form as provided by law, and that the following affidavits are on file in the Office of the Clerk of the Council: Affidavit of Publication, Certificate of Posting Streets, Certifi- cate of Mailing Notice and Certificate of Filing Boundary Map. Director of Public Works John Stevens stated that the proposed district lies between Fifth Street and Washington Street, east of Harbor and west of Jackson; that 14 bidders were solicited and three bids received; that the low bidder was Sully-Miller in the amount of $534,211.25 and was $26,000 under the department estimate. The Clerk of the Council stated that she had received two written protests, one from Mr. and Mrs. H. P. Vaughan, 3625 West Eleventh Street (A.P. 101-181-21) and one from Gladys Bauernschmitt, 518 North Bewley (A.P. 101-191-21); that both protestants are senior citizens living on fixed incomes and that the $900 estimated assessment would be difficult for them to pay. Speakers in opposition to the Assessment District were: Mrs. H. P. Vaughan, 3625 W. llth St. Mrs. Hoskins, representing her mother, 1213 N. Bewley Amelia Talavera, 4521 W. Penny Avenue Robert Beam, 1221 N. Bewley Harold Goodman, 1017 N. Bewley Hector Picos, 1209 N. Bewley Laura Swanstrom, Most of the speakers pointed out that there are no sewers in a portion of the District, and objected to the construction of street improvements prior to sewer installation; others informed Council of financial problems that would make it difficult for them to pay the proposed assessment. Speakers in favor of the Assessment District were: Fernando Barona, representing Santa Nita Neighbors Margaret Hills, 1010 N. Bewley Robert Burke, 921 N. Bewley Fannie Pipkin, 3702 W. llth One of the property owners, Margaret Hills, had already installed sidewalks and wished to make sure that her assessment would be adjusted accordingly; and the representative of the Santa Nita Neighbors requested the City to provide them with a copy of the project contract, and a written monthly progress report, and to schedule a meeting with the contractor and a representa- tive of the Public Works Department in Santa Anita. Director of Public Works John Stevens stated that the area of the assessment District without sewers lies within the Garden Grove CITY COUNCIL MINUTES 104 MARCH 13, 1978 Sanitary District; and that he would work with the residents to determine the best way for them to receive sewer service. He further stated that the percentage of written protests is .6%, that including the five oral protests, the percentage of protest would be in the neighborhood of 3%. Alice McCullough, Community Development Coordinator, stated that $40,000 had been set aside to fund approximately 50 loans aver- aging $800 for property owners who need assistance with their assessment for the Santa Anita and the Progresso Assessment Districts. There being no further speakers, Mayor Evans closed the public hearing. On the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Ward, the following resolution was adopted: RESOLUTION NO. 78-28 - A RESOLUTION OF THE CITY COUNCIL OVER- RULING AND DENYING PROTESTS (ASSESSMENT DISTRICT 241). On the motion of Councilman Yamamoto seconded by Councilman Ortiz, carried 6:0 unanimously, the following resolutions were adopted: RESOLUTION NO. 78-29 - A RESOLUTION OF THE CITY COUNCIL FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN PUBLIC IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT AND FURTHER STATING THAT THE SPECIAL ASSESSMENT INVESTIGATION LIMITATION AND MAJORITY PROTEST ACT OF 1931 DOES NOT APPLY. (ASSESSMENT DISTRICT 241) RESOLUTION NO. 78-30 - A RESOLUTION OF THE CITY COUNCIL ORDER- ING THE WORK AND IMPROVEMENTS, TOGETHER WITH APPURTENANCES, IN A SPECIAL ASSESSMENT DISTRICT (ASSESSMENT DISTRICT 241). On the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Brandt, the following resolution was adopted: RESOLUTION NO. 78-31 - A RESOLUTION OF THE CITY COUNCIL AWARDING CONTRACT FOR CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVE- MENT TOGETHER WITH APPURTENANCES IN SPECIAL ASSESSMENT DISTRICT. (ASSESSMENT DISTRICT 241). On the motion of Councilman Yamamoto, seconded by Councilman Ward, carried 6:0 unanimously, the requests by the Santa Nita Neigh- bors were agreed to by the City Council, and Staff was directed to implement them. CA 90 COMMUNITY-ORIENTED POLICING Roy Uno, Chairman of the PROGRAM EVALUATION Human Relations Commission, HRC RECOMMENDATIONS ADOPTED made an oral report summariz- ing the Commission report to Council dated March 7, 1978, and stated that the results of a survey taken in the southwest area of Santa Ana showed 50.7% of those surveyed who felt the police service was good, 28.8% who felt it was adequate, and 20.5% who felt that the service was inadequate. The Chairman stated that he felt that although almost 80% of those surveyed were satisfied with present police service, the Commission would welcome the opportunity to determine the specific reasons for dissatisfaction and come back to Council with further recommendations. Nathan Hill, 209 East Twentieth Street, one of the persons who appeared before Council at a previous meeting with criticism of the Community Oriented Policing Program and the relationship of the Black community with the Police Department, stated that, with all due respect to the Human Relations Commission and the Chief of Police, the report did not address the question; that CITY COUNCIL MINUTES 105 MARCH 13, 1978 the issue is not level of service to the Black community; he further stated that he favors a citizens ad hoc committee to pre- pare a ballot measure on the question of the need for a police advisory board; and that Civil Service discipline procedures need review. On the motion of Councilman Brandt, seconded by Councilman Ward, carried 6:0 unanimously, the Human Relations Commission report was received and filed and its recommendations as follows were also adopted: Suggest to Police Department that additional efforts be made to increase police acceptability throughout the southwest section of Santa Aha, and urge all City employees to encourage and assist in promoting the COP Program in their own neighborhoods. CA 47 ORAL COMMUNICATION Scott Levinson, 13912 AMBULANCE SERVICE IN CITY Ponderosa, President of Conva Care Ambulance Service, stated that efforts had been made to upgrade the standards for ambulance service through adoption of a new ordinance that evolved from his and other operators' input; that allowing an additional ambu- lance in the City undercuts the business that supports emergency service; that there is a high percentage of uncollectible billing in emergency work, and that it must be supported by the private calls; and that after twelve hours of testimony at a hearing he was frustrated and disappointed with the Council's action to reverse the decision of the Hearing Officer (granting a Certifi- cate of Convenience and Necessity to Medix Ambulance for one year). Phil Gazzo, 2215 South Bristol, Schaefer Ambulance, stated that he would pull nine ambulances out of Santa Ana for the same rea- sons given by Scott Levinson. CA 96 ORAL COMMUNICATION On the recommendation of SETTLEMENT OF CLAIM City Attorney Keith Gow, SHEILA MC MAHAN - AUTHORIZED and by motion of Council- man Yamamoto, seconded by Councilman Ward, carried 6:0 unanimously, the City Attorney was authorized to settle the claim filed by Sheila McMahan for repair of a roof for the sum of $4,962.07. CA 139 ADJOURNMENT unanimously, 5:00 P.M. in At 10:35 P.M. on the motion of Councilman Ward, seconded by Councilman Brandt, carried 6:0 the meeting was adjourned to March 15, 1978 at the Council Chambers. FLORENCE I. MALONE F~RENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 106 MARCH 13, 1978