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HomeMy WebLinkAbout04-17-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 17, 1978 The meeting was called to order by Mayor Vernon S. Evans in the City Council Chamber, 22 Civic Center Plaza, at 2:00 P.M. Council members present were Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, James E. Ward, and Mayor Evans. Also present were the following members of Staff: City Manager Bruce C. Spragg, Assistant City Manager Daniel E. Stone, 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 Ortiz. CONSENT CALENDAR Items 5 B, 7, and 12 A ITEMS REMOVED & were removed from the DISSENTING VOTES Consent Calendar by Coun- cilman Ward. Dissenting votes were registered by Councilman Bricken on Items 4 A and 4 B; by Councilman Yamamoto on 4 B; and by Councilman Ward on 4 B. Item 4 C was removed from the Consent Calendar by request of Applicant, Elba Freeman, 235 South James, Orange. CONSENT CALENDAR On the unanimously approved STAFF RECOMMENDATIONS 7:0 motion of Councilman APPROVED Garthe, seconded by Council- man Ward, Council approved the recommendations of Staff on the following Consent Calendar Items: MINUTES Adjourned Regular Meetings Approved the Minutes of the Regular Meetings of February 21, 28, March 6, 20 and 28, and the of March 13 and 15, 1978. BID CALLS Approved plans and specifications, and authorized advertisement for bids on the following: SPEC 78-010 - Four color video terminals for Police Command and Control Center. SPEC 78-016 - Two new or used low-mileage cars for Police Department undercover use. (Replacements) ANNUAL SPEC 789-111 SPEC 789-112 SPEC 789-118 SPEC 789-120 SPEC 789-121 SPEC 789-122 SPEC 789-13S SPEC 789-136 SPEC 789-137 SPEC 789-138 REQUIREMENTS - Asbestos cement pipe. Detector check valves. Cast iron fittings for AC water pipes. Gate valves. - Butterfly valves. - A & B Tapping sleeves & tapping gate valves. - A & B Fire hydrants. Cold water meters. Domestic cold water meters fire service. Cold water meters compound. CITY COUNCIL MINUTES 141 APRIL 17, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 789-231 - Asphalt concrete. SPEC 789-232 - Asphaltic emulsion sealer. SPEC 789-233 Emulsion aggregate slurry seal. SPEC 789-234 Portland cement concrete. SPEC 789-235 - Asphalt concrete FOB plant. SPEC 789-236 Trench paving. PROJECT 4039 Storm drain on Joana Drive from Brynwood Street to Eastwood Street. PROJECT 8113 - Newhope Library landscaping and irrigation system. PROJECT 8137 Reconstruction of Sullivan Street between First and Fifth Streets. CA 89 BID AWARDS Awarded the following on basis of lowest responsible and responsive bidder: SPEC 77-066 ~ Four 3/4 ton to Roger Miller Chevrolet, amount of $28,643.87. trucks (replacements); awarded Laguna Beach, in the total SPEC 77-093 - Painting one fire truck; awarded to Calif- ornia Conversions, Orange, in the amount of $3,500.00. SPEC 78-003 - Remove and install Police Patrol car equip- ment; awarded to Lee-Tronics, Yorba Linda, in the approx- imate amount of $8,130.00. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: JAMES, Glenn A. 2133 South Main - original, Type "20" off-sale beer and wine. Councilman Bricken regis- tered a NO vote. (Agenda Item 4 A) GRANT, Raymond W. and PEHRSON, Douglas R. 2601 West Edinger, Original Type "42" on-sale beer and wine. (Public Premises). Councilmen Bricken, Yama- moto and Ward registered NO votes. (Agenda Item 4 B) BUFFUM'S, INC. 909 North Main, Person-to- person transfer - Type "47" on-sale general (Bona fide public eating place). CA 146 VARIANCE following: Approved and filed Negative Declaration and Planning Commis- sion Finding of Fact on the VA 78-9 - Filed by the Buccola Company to allow con- struction of one triplex and three duplexes at 1250 East Fifteenth Street in the C5 District. APPROVED. CA 13 DEED WITH CASH Approved the following deed GRANTEE CITY and authorized Mayor to sign all necessary documents in connection with the purchase: BEARD, Gladys E. - South side of Seventeenth Street west of Alona for street and vehicular access. CA 155 CI~TY COUNCIL MINUTES 142 APRIL 17, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued DEED NO CASH GRANTOR CITY Authorized execution of the following deed by Mayor and Clerk: INDUSTRIAL PLAZA - East side of Grand north of Warner for vehicular access. CA 1SS FINAL TRACT MAP Approved the following final map: MAP NO. 10115 - East side of Spurgeon Street south of Washington Avenue; one lot. CA 24 AGREEMENT Approved the following agree- ment and authorized its execu- tion by Mayor and Clerk: COOPERATIVE SUMMER DAY CAMP PROGRAM - Between City and Orange County Harbors, Beaches and Parks Dis- trict which extends the Agreement for an additional year. A-78-37 LIABILITY CLAIMS Referred to Administration Claims received from March 28 to April 10, 1978. CA 65.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matte.rs referred to Staff by Council. CA 80.2 PROCLAMATIONS April 10, 1978. Received and filed report of Proclamations issued by the Mayor from March 28 to CA 46 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * ALCOHOLIC BEVERAGE LICENSE Consideration of the APPLICATION - 209 N. HARBOR following ABC License CONTINUED TO MAY 1 Application was continued to May 1, 1978, on the motion of Councilman Garthe, seconded by Councilman Ward, and carried 6:1, with Councilman Yamamoto dissenting: FREEMAN, Elba - 209 North Harbor - Original Type "42" on-sale beer and wine. (Public Premises) PROTEST Police. (Agenda Item 4 C) CA 146.1 CUP 78-3 Council approved and 1101 W. MAC ARTHUR filed the Notice of Exemp- APPROVED tion and Planning Commis- sion Finding of Fact on the following Conditional Use Permit, on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt: CUP 78-3 - Filed by Property Resources, Inc. to allow the conversion of an existing 304-unit apartment com- plex to condominiums at 1101 West MacArthur Blvd. in the R4 District. APPROVED. (Agenda Item 5 B) CA 13.1 CITY COUNCIL MINUTES 143 APRIL 17, 1978 TENTATIVE TRACT #10264 On the unanimously approved SOUTH COAST VILLAS 7:0 motion of Councilman APPROVED Ward, seconded by Council- man Brandt, Council approved and filed the Notice of Exemption and approved the following Map subject to conditions contained in the Planning Director's Report: TRACT #10264 Filed on January 26, 1978 by South Coast Villas, a California Limited Partnership, creating one R4 lot; proposed lot is to be used for residential con- dominiums; generally located on the north side of MacArthur Boulevard, 499 feet east of Bristol. (Agenda Item 7) CA 24 RECESS At 2:23 P.M. Council recessed; at 2:28 P.M. the meeting reconvened with all members present. AGREEMENT - MUSEUM PARKING GRILLIAS-PIRC-ROSIER-ALVES APPROVED the unanimously carried 7:0 motion of by Councilman Ortiz: The following agreement was approved and its execu- tion by the Mayor and Clerk was authorized, on Councilman Bricken, seconded ARCHITECTURAL/ENGINEERING SERVICES - Between City and Grillias-Pirc-Rosier-Alves to provide architectural/ engineering services for needed improvements to the Bowers Museum Parking lot. (Agenda Item 12 A) A-78-36 Prior to the Council's action, a copy of a resolution adopted by the Board of Trustees of the Bowers Museum in support of the improvement was distributed. READING WAIVED Councilman Ward's motion, to waive full reading of all ordinances and resolu- tions, the titles of which appear on the public agenda, or which otherwise come before this Council and the titles of which are read, and to consider by title only, was seconded by Councilman Ortiz, and carried 7:0 unanimously. ORDINANCE NO. NS-1412 AN ORDINANCE OF THE CITY VEHICLES & VESSELS AS EVIDENCE OF SANTA ANA AMENDING THE ADOPTED SANTA ANA MUNICIPAL CODE BY ADDING SECTION 1-18 RELATING TO OWNERSHIP OF VEHICLES AND VESSELS AS PRIMA FACIE EVIDENCE was placed on second reading and adopted by unanimous ?:0 vote, on the motion of Councilman Brandt, seconded by Coun- cilman Ward. CA ?8 ORDINANCE NO. NS-1420 AN ORDINANCE OF THE CITY A.A. 783 2026 S. FLOWER OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. 783 TO REZONE PROPERTY LOCATED AT 2026 SOUTH FLOWER STREET FROM THE C1 (COMMUNITY COMMERCIAL) DISTRICT TO THE Ri (SINGLE FAMILY RESIDENCE) DIS- TRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 24-5-10 was placed on second reading and adopted on a 5:0 vote, with Mayor Evans and Councilman Ortiz abstaining because they had not been present at the public hearing, on Councilman Garthe's motion, seconded by Councilman Brandt. CA 10 CITY COUNCIL MINUTES 144 APRIL 17, 1978 ORDINANCE NO. NS-1421 AN ORDINANCE OF THE CITY A.A. 784 - 2151 N. FAIRVIEW OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. 784 TO REZONE PROPERTY LOCATED AT 2151 NORTH FAIRVIEW STREET FROM THE C5 (ARTERIAL COMMERCIAL) DISTRICT TO THE R1-PRD (SINGLE FAMILY RESIDENCE - PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 2-5-10 was placed on second reading and adopted on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 4:0, with Mayor Evans and Councilman Ortiz abstaining because they were not present at the public hearing, and Council- man Bricken abstaining because the applicant is a client of his business, Hilliard & Bricken, Inc. CA 10 RESOLUTION NO. 78-43 A RESOLUTION OF THE CITY PROPERTY REHABILITATION SUPERVISOR COUNCIL OF THE CITY OF ADOPTED; SPECIFICATION APPROVED SANTA ANA AMENDING RESOLU- TION NO. 58-281 TO ADD THE CLASS TITLE OF PROPERTY REHABILITATION SUPERVISOR FOR THE PURPOSE OF ALLOCATING A POSITION ASSIGNED TO THE CITY'S FEDERALLY FUNDED HOUSING IMPROVEMENT LOAN PROJECT AND OTHER PROPERTY IMPROVEMENT PROJECTS was adopted, and the Classification Spe ification for Property Rehabilitation Supervisor was approved, on the motion of Councilman Ward, seconded by Councilman Garthe, carried 5:2, with Councilmen Bricken and Yamamoto voting NO. CA S0.1 RESOLUTION NO. ?8-45 A RESOLUTION OF THE CITY COAST REGIONAL TRAINING CENTER COUNCIL OF THE CITY OF ADOPTED SANTA ANA WITHDRAWING FROM THE COAST REGIONAL TRAINING CENTER was adopted by unanimous 7:0 vote, on Councilman Ward's motion, seconded by Councilman Brandt. A-??-28 RESOLUTION NO. 78-46 A RESOLUTION OF THE CITY "FOUR-WAY TEST" CITY COUNCIL OF THE CITY OF ADOPTED SANTA ANA PROCLAIMING THE CITY OF SANTA ANA TO BE A "FOUR-WAY TEST" CITY AND AUTHORIZING THE ROTARY CLUB OF SANTA ANA NORTH TO ADVERTISE AND PROMOTE THE FACT was adopted unani- mously 7:0 on the motion of Councilman Brandt, seconded by Coun- cilman Garthe. CA 151 RESOLUTION NO. 78-22 A RESOLUTION OF THE CITY PROPERTY SALE - GLENWOOD & FLOWER COUNCIL OF THE CITY OF ADOPTED SANTA ANA APPROVING THE SALE OF REAL PROPERTY AT THE NORTHWEST CORNER OF GLENWOOD PLACE AND FLOWER STREET TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA was adopted on Councilman Ward,s motion seconded by Councilman Garthe, and carried unanimously 7:0. (NS-1420; SPR 7.7-4; Deed #6159) CA 45 CITY COUNCIL MINUTES 145 APRIL 17, 1978 PETITION - REMOVE LEFT TURN SIGN The petition dated March 29, NO TURN FROM BRISTOL TO CHESTNUT 1978, containing 222 names, REPORT FILED; STAFF DIRECTED presented by Dora S. Hanning of 252 South Bristol, and the report of April 6, 1978 prepared by Thomas W. Brohard, Traffic Engineering Supervisor, were received and filed, and the Staff directed to return with a report in 60 days evaluat- ing the success of the traffic management plan on Bristol Street between Chestnut and Richland Streets, and Staff was requested to address the problem of the shortcut through Joe's Liquor Store parking lot on the northeast corner of Bristol and Chestnut, on the unanimously approved 7:0 motion of Councilman Brandt, seconded by Councilman Ward. Ray Villa, 2106 North Bristol, stated that he did not understand why left turns were allowed at some streets off Bristol, and not at others; and that he would rather see all the streets the same to provide a mini-freeway. He requested Council to reconsider its action and conduct a further study of the traffic needs. Other speakers in support of the petition for removal of the left- turn restriction were: Dora Hanning, 323 North Bristol Street Efram Ramos, 1015 West Chestnut Zeke Hernandez, 1238 West Chestnut The speakers described some difficulties experienced by customers and residents in becoming accustomed to the newly-installed traffic management plan. CA 18.3 CA 151.5 RECESS Council members present. At 3:07 P.M. Mayor Evans recessed the meeting; the meeting was reconvened at 3:17 P.M. with all FUNDING OF WIDENING OF In response to a letter BRISTOL STREET from Rudolph Montejano, REFERRED TO STAFF President of the Board of Trustees of Rancho Santiago Community College District, dated April 6, 1978, requesting partici- pation of the City to fund the widening of Bristol Street between the Santa Aha College Campus and Washington Street, and the widen- ing of Washington Street between Bristol and Pacific Avenue, Staff was directed to meet with representatives of the District and to return with a report and recommendation within 45 days, on the motion of Councilman Brandt, seconded by Councilman Garthe, carried 7:0 unanimously. CA 29.8 HRC RECOMMENDATION - POLICY On the unanimously carried COMMUNITY CLINIC - 2121 W. WALNUT 7:0 motion of Councilman LETTER FROM MAYOR AUTHORIZED Ward, seconded by Council- man Yamamoto, the Mayor was authorized to write a letter to the Orange County Board of Supervisors expressing concern that the new policy to require clinic clients to sign up for Medi-Cal if they have no other insurance would tend to discourage undocumented persons from seeking medical attention. A letter dated April 10, 1978 from Roy Uno, Chairman of the Human Relations Commission, stated that the proposed Clinic policy came to the attention of the Santa Ana Human Relations Commission and was reviewed at its March 21, 1978 meeting; and that Commissioners were concerned and recommended to the City Council that a letter CITY COUNCIL MINUTES 146 APRIL 17, 1978 be directed to the Orange County Human Realtions Commission request- ing background information and follow-up on the Community Clinic transfer of administration from the Medical School faculty to University of California Irvine Medical Center, and its change in policy on insurance. CA 131.1 CA 131 COUNCIL CHAMBER AUDIO SYSTEM The report dated April 7, STATUS REPORT 1978 prepared by Director FILED of Public Works John E. Stevens, stating that he was investigating the possibility of installing an automatic mixer device to improve the Council Chambers audio system, was received and filed, on the unanimously approved 7:0 motion of Councilman Ward, seconded by Councilman Garthe. CA 77A ANNUAL MEMBERSHIP RENEWAL Payment of $1,100 from FLOOD PROTECTION AGENCY the Council Legislative PAYMENT AUTHORIZED account to renew the annual membership in the Santa Ana Flood Protection Agency was authorized, on the motion of Councilman Garthe, seconded by Councilman Brandt, carried 7:0 unanimously. The March 30, 1978 report prepared by Estela Gutierrez, Administrative Assistant, recommended the renewal of membership. CA 53 STAFF INVESTIGATION AT U.S. POSTAL On the motion of Council- FACILITY - 2201 N. GRAND AVE. man Bricken, seconded by FINAL REPORT - REFERRAL #17-77 Councilman Ward, carried REFERRED TO CITY ATTORNEY 7:0 unanimously, the report dated April 7, 1978 pre- pared by Bill Heffernan and Bob Tyler was received and filed, and the City Attorney was instructed to examine the options available to the City with regard to the enforcement of its own noise ordinance (Sections 18-308 and 18-309) against the Post Office or other options to carry out the same philosophy as embodied in those ordinances; to instruct the Staff to continue to work with Postmaster Bakke and the citizens to abate the noise and to report back to Council on May 15, 1978. Wayne Miller, 1401 East Avalon, resident behind the Post Office, stated that he was alarmed that this report was labeled a "Final Report"; that a number of the suggestions for reducing the noise such as double-paned windows or air conditioning would be an expense to the property owner which he feels should be borne by the City; that he feels there is legal precedent in cases against the Los Angeles Airport to support City liability for such measures; and that the noise from the Post Office and objectionable activi- ties by employees and others in the Post Office area have been reduced, but that his last complaint to the Post Office was on April 13, 1978, at 10:45 P.M., regarding the public address system which could be heard inside his house. CA 145.4 RENT INCREASES - PROPERTY TO The report dated April 7, BE CONDEMNED - REFERRAL #7-78 1978 prepared by Community FILED REPORT; DELETED REFERRAL Redevelopment Director Richard E. Goblirsch, con- cerning a complaint about rent increases for property owned by Howard Rapp, to be condemned by the City for redevelopment, was received and filed, and Council referral No. 7-78 was deleted from the Summary, on the unanimously carried 7:0 motion of Coun- cilman Ward, seconded by Councilman Brandt. The report states that the condemnation process has been accelerated pursuant to an order from the Superior Court and the City will take posses- sion of the properties on May 1, 1978, that the rent will be based on 25% of the tenant's gross income or the same rent being paid, whichever is the lesser; and that following meetings with Mr. Meza and other members of the Barrio Committee, the complainants, the calculation of relocation payments has been explained to the satisfaction of the residents. CA 137 CITY COUNCIL MINUTES 147 APRIL 17, 1978 FIRE STATION #4 On the motion of Council- 1451 S. BROADWAY man Brandt, seconded by PLANS APPROVED Councilman Garthe, carried 7:0 unanimously, the Nega- tive Declaration was approved and filed, and the plot plans and architectural rendition for the proposed Fire Station #4 facility at 1431 South Broadway were approved as recommended by the Planning Commission on March 27, 1978. The report dated April 5, 1978 prepared by Fire Chief B. J. Thompson states that the Sta- tion was designed to be constructed in phases, and that the archi- tectural firm of Robert Hippe and George Randell may commence development of preliminary plans following Council approval of the plot plans and architectural rendition. CA 64 ALTERNATIVE TO SCAG On the unanimously carried REFERRAL #4-78 ?:0 motion of Councilman MAYOR COMMITTEE AUTHORIZED Ward, seconded by Council- man Brandt, carried ?:0 unanimously, the Mayor was authorized to establish a committee to discuss the formation of an organization to assume the function performed by the Southern California Association of Governments at the present time, and Council Referral No. 4-?8 was deleted from.the Summary. Councilman Garthe stated that the Orange County Division of the League of California Cities would also be considering the question at an upcoming meeting. CA 141 CETA TITLE I PROGRAMS A six-month status report 6-MONTH STATUS REPORT dated April 7, 1978 prepared FILED by Manpower Project Coordina- tor Keith E. Blunt on the CETA Title I City-operated Programs, covering the period from October 1, 1977 to March 31, 1978, was received and filed on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Ward. The programs remaining under Title I are the Assessment and Referral Center operated jointly by the City and Rancho Santiago Community College District, and the Adult Work Experience, which includes an Intern Program, a Mature Workers Program and an Adult Work Experience Program. The report lists the number of workers in each category who worked during 1977 at one of the 67 different private organizations participating in the Program. The Assessment and Referral Center served 2,377 persons during the fiscal year 1977-78 and has set a goal of 3,000 clients for 1978-79. CA 131.11 NORTH SANTA ANA TRAFFIC STUDY The North Santa Ana Traffic PROGRESS ~EPORT - FILED Study progress report dated 90-DAY TRIAL - AUTHORIZED April 10, 1978 prepared by Joe Foust, Transportation Engineer, was received and filed and Staff was directed to con- tinue to work with the North Santa Aha residents to-evaluate the traffic plan for a 90 day period, on the unanimously approved 7:0 motion of Councilman Ward, seconded by Councilman Garthe. CA 18.9 SUMMER YOUTH EMPLOYMENT PROGRAM A report dated April 12, REPORT FILED 1978, to present the pro- posed outline for the Sum- mer Youth Employment Program for 1978 to the Council prior to the consideration of funding levels, was received and filed on the motion of Council- man Bricken, seconded by Councilman Ward, carried 7:0 unanimously. Keith Blunt, Manpower Coordinator, recommended that the Council establish a $624,541 program to serve approximately 970 economi- cally disadvantaged youth of Santa Ana, 14 to 21 years of age, to include recreation programs, graffitti removal, ecology projects (such as tree well cleaning), a summer youth band, clerical activities, remedial and vocational education and labor market orientation. CA 140.3 CITY COUNCIL MINUTES 148 APRIL 17, 1978 APPROPRIATION ADJUSTMENT #134 On the motion of Council- POLICE SERVICES FUND man Brandt, seconded by APPROVED Councilman Bricken, carried 6:1, with Councilman Ward dissenting, Appropriation Adjustment #134 transferring $25,000 from Council Contingency to Special Enforcement Services to increase funds for narcotic enforcement, was approved. Lieutenant R. C. Hamilton, in his report dated April 5, 1978 explained that the money from this special fund is not spent; it is simply cash available for use to be displayed by undercover officers to negotiate the purchase of large quantities of narcotics used to.effect narcotics arrests. CA 65.3 CA 47 APPROPRIATION ADJUSTMENT #135 Appropriation Adjustment EMERGENCY REPAIR OF FIRE PUMPER #135 transferring $5,000 APPROVED from Council contingency to Fire Department Equip- ment and Maintenance Account for the emergency repair of the Fire Department tele-squirt by Crown Coach Corporation, the single source of repair of the 1977 Crown Tele-squirt, was approved on the motion of Councilman Bricken, seconded by Councilman Yama- moto, carried 7:0 unanimously. Fire Chief B. J. Thompson, in his report dated April 10, 1978, stated that the tele-squirt boom had been damaged during a fire on March 17, 1978 at 422 West Fourth Street. CA 65.3 CA 64 APPROPRIATION ADJUSTMENT #136 On the motion of Council- POLICE COMMAND & CONTROL PROJECT man Brandt, seconded by APPROVED Councilman Yamamoto, carried 7:0 unanimously, Appropria- tion Adjustment #136 transferring $1,055 from Police Technical Services and Command and Control Revenue to Command and Control Equipment and Operating M & S Equipment accounts to provide the City's match for the LEAA Grant Award for a new training module, was approved on the motion of Councilman Brandt, seconded by Councilman Yamamoto, carried 7:0 unanimously. The report dated April 10, 1978, prepared by Lieutenant J. Davis, shows that $19,000 is provided by LEAA and the State match is $1,055, equal to the City share of $1,055, for a total of $21,110 to be used to acquire three color terminals, key boards, and associated electronics equipment to monitor all activities in Communications at the Police Department. CA 65.3 CA 47 APPROPRIATION ADJUSTMENT #137 Appropriation Adjustment JOANA DRIVE STORM DRAIN #137 transferring $9,500 APPROVED from Public Works Street Lighting to Public Works Storm Drains to provide funds for an approved Project 4039 Joana Drive Storm Drain, ~nadvertently not included in Budget) was approved on the motion of Councilman Ward, seconded by Councilman Garthe, carried 7:0 unanimously. CA 65.3 APPROPRIATION ADJUSTMENT #138 On the motion of Council- POLICE EMERGENCY TEAM man Ward, seconded by Coun- APPROVED cilman Yamamoto, carried 6:1, with Mayor Evans dissenting, Appropriation Adjustment #138 providing for the revenue and disbursement accounts for the $55,000 to fund the Police Paraprofessional Emergency Response Team for one year from April 1, 1978 to March 31, 1979, was approved. Lt, W. T. Weatherly, Jr., in his report dated April 10, 1978 stated that following an evaluation of the one-year operation of the Team, the Law Enforcement Assistance Administration authorized a CITY COUNCIL MINUTES 149 APRIL 17, 1978 second grant for another one-year period in order to more clearly evaluate the concept of the use of a special team to respond to domestic and other calls of a civil nature during peak hours in a designated target area. CA 65.3 CA 47 EIR - MULTI-MODAL TERMINAL A schedule listing the PROCESSING SCHEDULE necessary steps preceding FILED a public hearing by the City Council on June 19, 1978, to consider the draft Environmental Impact Report for the Orange County Transit District Multi-modal Terminal, was received and filed on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Brandt. The schedule was prepared by the Planning Department and dated April 10, 1978. CA 84.5 STATUS REPORT - RESCUE MISSION Following an oral report REQUESTED CONDEMNATION BE by Redevelopment Director PLACED ON AGENCY APRIL 25 AGENDA Richard E. Goblirsch, regarding a site previously being considered for the relocation of the downtown rescue mis- sion, the Director was instructed to replace the matter of the Mission Condemnation on the Community Redevelopment Agency Agenda for the upcoming meeting April 25, 1978, and to notify all inter- ested parties, on the motion of Councilman Brandt, seconded by Councilman Bricken, and carried ?:0 unanimously. Mr. Goblirsch stated that Agency action following the public hearing on the condemnation of the downtown rescue mission had been continued for 90 days to allow the Mission to apply for a Conditional Use Permit to use a proposed new location to be pur- chased from Mr. Woodrow Butterfield; that last week Mr. Butter- field had withdrawn his offer to sell his property to the rescue mission; and that if Council so desired, the matter could be placed on the next Agency Agenda for disposition. CA 82.6 ORAL COMMUNICATION On the recommendation of COMMISSIONER KEN KUKUDA - TRAC Councilman Harry Yamamoto, REMOVED FOR NON-ATTENDANCE and on his motion, seconded by Councilman Brandt, car- ried 7:0 unanimously, Ken Kukuda, the at-large representative, was removed as Commissioner from the Transportation Advisory Commission for non-attendance. CA 29.10A ORAL COMMUNICATION Jack O'Dell was appointed JACK O'DELL - TRAC to complete the term end- APPOINTED ing December 31, 1979 previously held by Ken Kukuda, on the Transportation Advisory Committee, on the motion of Councilman Yamamoto, seconded by Councilman Brandt, carried 7:0 unanimously. The motion also included a direction to Staff to notify the Chamber of Commerce to recommend a new Chamber representative to the Commission to replace Commissioner O'Dell. CA 29.10A CITY COUNCIL MINUTES 150 APRIL 17, 1978 GENERAL PLAN AMENDMENT Councilman Yamamoto informed GARDEN GROVE - EUCLID & HAZARD the Council that the City MAYOR AUTHORIZED TO OPPOSE of Garden Grove is process- ing a proposed amendment to its General Plan to change the land use for tke 54.27-acre surplus school property at the northwest corner of Euclid and Hazard from low density residential to industrial; he stated that a Planning Commission hearing was held and denial was recommended on a 5:2 vote; and he requested that the City take a position on this matter prior to its presentation to the Garden Grove City Council. Planning Director Charles Zimmerman stated that a challenge could also be made to the issuance of a Negative Declaration for the General Plan Amendment in view of the significant environmental impacts which were not addressed. On the motion of Councilman Yamamoto, seconded by Councilman Brandt, carried 7:0 unanimously, the Mayor was authorized to write a letter to the City of Garden Grove in opposition to General Plan Amendment No. GPA-l-78 (G) to redesignate the property at the north- west corner of Euclid and Hazard from low density residential to industrial and challenging the granting of a Negative Declaration for the General Plan amendment in view of the significant environ- mental impacts which.have not adequately been addressed and will occur as a consequence of the proposed change, such as increased traffic, increased noise, and effect on residential property values and the aesthetics of the area. CA 78 ORAL COMMUNICATION On the recommendation of BOWERS MEMORIAL MUSEUM BOARD Councilman John Garthe MANUEL ESQUEDA APPOINTED and the second to his motion by Councilman Brandt, carried 7:0 unanimously, Manuel Esqueda was appointed to the Bowers Memorial Museum Board to complete the vacated term of James Faulkner ending June 30, 1980~. CA 85.2 ORAL COMMUNICATION An agreement between the STADIUM CONCESSIONAIRE - BARNES City and Joe A. and Phyllis AGREEMENT APPROVED S. Barnes to complete the contract expiring June 30, 1979 of H. L. Farmen, the present concessionaire, was approved on the motion of Councilman Ortiz, seconded by Councilman Brandt, carried 5:2, with Councilman Ward and Mayor Evans dissenting. City Manager Bruce Spragg stated that the Barnes' would assume the operation of the Stadium concession at the next scheduled event for Thursday, April 27 if approval could be obtained at this Council meeting. A-78-38 Mr. Spragg stated that the previous concessionaire wished to dis- continue his agreement to service Eddie West Field - Santa Ana Stadium, and the new agreement basically assigns the remainder of the contract to Joe and Phyllis Barnes with the addition of some conditions that will benefit the City. A report dated April 14, 1978 prepared by Leisure Services Manager William J. Palethorpe was distributed to Council. ORAL COMMUNICATION - TRASH CONTRACT City Manager Bruce Spragg TEAMSTERS STRIKE announced that the three- GREAT WESTERN RECLAMATION, INC. year labor contract between the Teamsters Union and the City's trash contractor, Great Western Reclamation, as well as other contractors in Orange County, would expire at Midnight, April 17, and that no agreement had been reached for a new con- tract. He stated that the City can expect the strike to begin CITY COUNCIL MINUTES 151 APRIL 17, 1978 at Midnight; that the .Police Department would be on the alert; and that the City would be prepared to take steps to assist citizens with trash disposal if the strike were not settled within a short time. He emphasized that the primary responsibility for continued trash disposal service is that of the contractor. A-1963 ORAL COMMUNICATION Director of Public Works DEVELOPMENT OF FORREST PAULL PARK John Stevens stated that AGREEMENT APPROVED Council had previously approved an agreement with the County of Orange to develop Forrest Paull Park with the added condition that a concrete block wall be constructed between the park and residences to the west, and that certain environmental precautions be taken by the County. Mr. Stevens stated that a new agreement has been prepared which includes these conditions, and he requested that the Mayor be authorized to execute the agreement as approved. On the motion of Councilman Garthe, seconded by Councilman Ward, carried 7:0 unanimously, the Mayor and Clerk were authorized to execute the amended agreement with the County of Orange for the development of Forrest Paull Park. A-78-39 RECESS At 4:20 P.M. Council EXECUTIVE SESSION recessed to hold an Executive Session to consider personnel matters; at 4:26 P.M. the meeting was reconvened and immediately recessed for dinner; the meeting again reconvened at 7:30 P.M. with all Councilmen present. INVOCATION PLEDGE OF ALLEGIANCE Church gave the Invocation. Following the Pledge of Allegiance to the Flag, Pastor Rick Rzeszewski of the Broadway Baptist CA 80.17 SPECIAL PRESENTATION - DIRECTOR OF Councilman Garthe, repre- BUILDING SAFETY & HOUSING senting the City, presented WENDELL BRIL a City Seal Tile Plaque to Wendell Bril, Director of Building Safety and Housing, who retired on March 31, 1978. Councilman Garthe recalled working with Mr. Bril for many years, and commended him for his outstanding public service career with the City of Santa Ana. Mr. Bril said it was his pleasure to have contributed to the building quality and safety development of Santa Ana for more than eighteen years, since 1959. CA ?3B SPECIAL PRESENTATION Councilman Brandt made the RESOLUTION 78-46 ROTARY CLUB presentation of Resolution "FOUR-WAY TEST CITY" No. 78-46, adopted by the City Council during the afternoon meeting, to Mr. Marty Lockney, Mr. Jack Powers, and Mr. Ray Hubert of the Rotary Club of Santa Ana North. The resolution proclaimed the City of Santa Aha as a "Four-Way Test City", and resolved that the City Council would consider the following four questions prior to making any decisions: 1) Is it the truth? 2) Is it fair to all concerned? 3) Will it build good will and better friendships? and 4) Will it be beneficial to all concerned? CA 73B CITY COUNCIL MINUTES 152 APRIL 17, 1978 PUBLIC HEARING - A.A. #785 Mayor Evans announced STH & NEWHOPE STREETS that this was the time ORDINANCE NO. NS-1422 - 1ST READING and place for the public hearing of Amended Negative Declaration and Amendment Application #785 to rezone property located on the southwest corner of Eifth and Newhope Streets from the A1 (General Agriculture) District to the R2~PRD (Multiple Family Residence Planned Residential Development) District. Charles Zimmerman, Planning Director, stated that the subject parcel is approximately five acres; that Conditional Use Permit 78-5 is currently being processed to allow a 60-unit condominium complex on the property; that there was no opposition to the propsed zone change at the Planning Commission hearing; that the proposed zone change is consistent with the General Plan and that the Planning Commission unanimously recommended approval at their meeting of March 27, 1978. Dennis Morris of Whitmore Homes, Inc. stated that the Conditional Use Permit had already been recommended for approval by the Plan- ning Commission at last Monday's meeting, and he requested that second reading of the ordinance be continued until further notice by the Applicant, so that it could be coordinated with the develop- ment of the property. There being no further speakers, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Garthe, carried 7:0 unanimously, the Amended Negative Declara- tion was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1422 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION #785 TO REZONE PROPERTY LOCATED AT 4526 WEST FIFTH STREET FROM THE A1 (GENERAL AGRI- CULTURE) DISTRICT TO THE R2-PRD (MULTIPLE FAMILY RESIDENCE PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTION- AL DISTRICT MAP NO. 9-5-10. CA 10; CA 78.8 PUBLIC HEARING - A.A. #786 Mayor Evans announced TUSTIN & SANTA CLARA AVENUES that this was the time and ORDINANCE NO. NS-1423 - 1ST READING place for the public hear- ing of Negative Declaration and Amendment Application #786 to rezone property at the north- west corner of Tustin and Santa Clara Avenues from the A1 (Gen- eral Agriculture) District to the C5 (Arterial Commercial) District. Planning Director Charles Zimmerman stated that the subject parcel is approximately 28,056 square feet; that the surrounding property is predominately CS; that the proposed zone will not be detrimental to the surrounding area, will be compatible with existing development in the area, and it would be undesirable to develop it as Al; and that the Planning Commission unanimously recommended approval at its March 27, 1978 meeting. There being no speakers on this subject, the Mayor closed the public hearing. On the motion of Councilman Garthe, seconded by Councilman Yama- mote, carried 7:0 unanimously, the Negative Declaration was approved and filed and the following ordinance was placed on first reading: CITY COUNCIL MINUTES 153 APRIL 17, 1978 ORDINANCE NO. NS-1423 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. ?86 TO REZONE PROPERTY LOCATED AT THE NORTHWEST CORNER OF TUSTIN AND SANTA CLARA AVENUES FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE CS (ARTERIAL COMMERCIAL) DISTRICT AND AMENDING SEC- TIONAL DISTRICT MAP NO. S-S-9. CA 10 PUBLIC HEARING - BUILDING CODE ORDINANCES NO. NS-1413, 1414, 1415, 1417, 1418, 1419 - ADOPTED ORDINANCE NO. NS-1416 RESOLUTION NO. ?8-40 CONTINUED Mayor Evans announced that this was the time and place for the public hear- ing to adopt model build- ing code ordinances pur- suant to Chapter 8 of the Santa Ana Municipal Code providing for the adoption of model codes administered and enforced by the Department of Building Safety and Housing (Article II Uniform Building Code, Article III - Uniform Plumbing Code, Article IV - Uniform Mechanical Code, Article V - National Electrical Code, Article VI Uniform Hous- ing Code, Article VII - Uniform Sign Code, and Article IX - Uniform Code for the Abatement of Dangerous Buildings). Mayor Evans announced that there had been a request to continue the public hearing for proposed Ordinance No. NS-1416 entitled as follows, and Resolution No. 78-40 entitled as follows, con- cerning the Electrical Code and certain amendments thereto: ORDINANCE NO. NS-1416 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-1 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO THE APPLICATION AND SCOPE OF CHAPTER 8 THEREOF, AND AMENDING ARTICLE V OF SAID CHAPTER 8 TO ADOPT THE NATIONAL ELECTRICAL CODE, 1975 EDITION, WITH AMENDMENTS AND ADDITIONAL REQUIREMENTS. RESOLUTION NO. ?8-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING THE NECESSITY OF CHANGES AND MODIFI- CATIONS IN THE REQUIREMENTS OF THE NATIONAL ELECTRICAL CODE, 1975 EDITION, AS ADOPTED BY THE COMMISSION OF HOUSING AND COMMUNITY DEVELOPMENT. The continuance of the public hearing requested in a letter dated April 14, 1978 from James Beam, Executive Director of the Orange County Chapter of the Building Industry Association of California, was granted on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Yamamoto. There being no speakers on the remaining matters before Council at this time, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Garthe, carried 7:0 unanimously, the following ordinances were placed on second reading and adopted: ORDINANCE NO, NS-1413 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-43, 8-99, AND 8-157 OF THE SANTA ANA MUNICIPAL CODE, ADDING SECTIONS 8-60, 8-61, 8-120, 8-163, AND 8-179 THERETO, AND REPEALING SECTIONS 8-100, 8-102, 8-109, 8-110, AND 8-111 THEREOF, TO ADOPT THE 1976 EDITION OF THE UNIFORM BUILDING CODE WITH CERTAIN AMENDMENTS THERETO. ORDINANCE NO. NS-1414 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-290, 8-309, 8-311, AND 8-312 OF THE SANTA ANA MUNICIPAL CODE AND REPEALING SECTIONS 8-813, 8-314, 8-315, 8-316 AND 8-370 THEREOF TO ADOPT THE UNIFORM PLUMBING CODE, 1976 EDITION. CITY COUNCIL MINUTES 154 APRIL 17, 1978 ORDINANCE NO. NS-1415 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-556 AND 8-560 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANICAL CODE, 1976 EDITION. ORDINANCE NO. NS-1417 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-1156 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 8-1160 AND 8-1161 THERETO TO ADOPT THE UNIFORM HOUSING CODE, 1976 EDITION. ORDINANCE NO. NS-1418 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-1226, 8-1250, 8-1260, 8-126S, 8-1270, 8-1280, 8-1290, AND 8-1300 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM SIGN CODE, 1976 EDITION. ORDINANCE NO. NS-1419 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-1900 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1976 EDITION. CA 87 LOGAN AREA EIR After review of a report APPROPRIATION ADJUSTMENT NO. 139 dated April 12, 1978 pre-. APPROVED; CONTRACT NEGOTIATION pared by the Planning AUTHORIZED Department and on the motion of Councilman Bricken, seconded by Councilman Yamamoto, carried 7:0 unanimously, Staff was directed to negotiate a contract with ECOS in the amount of $38,971, for preparation of the Logan Area proposed rezoning Environmental Impact Report, for Council review and approval; and Appropriation Adjustment No. 139 transferring $38,800 from Council Contingency (11-000-911) to Planning - Administration (11-505-191) to provide funding for the prepara- tion of the EIR for the Logan Area, was approved. Planning Director Charles Zimmerman stated that the selection process was shared by the community representatives of the commer- cial sector and the residential sector, and the Planning Commis- sion, who heard 20-minute presentations by two companies; both companies submitted excellent proposals. He stated that the Commission on a 4:1 vote recommended the consultant favored by the neighborhood, .ECOS. CA 65.3 CA 78.6 REQUEST TO ALLOW WOOLLY MONKEY Mayor Evans announced that IN CITY - REFERRAL NO. 6-78 Item No. 71 from the after- STAFF DIRECTED noon Agenda had been con- tinued to the evening at the request of Jackie Maynard, owner of The Woolly Monkey. Following an oral report by the City Manager, and Council discus- sion, on the motion of Councilman Bricken, seconded by Councilman Brandt, carried 5:2, with Councilmen Garthe and Yamamoto dissent- ing, Staff was directed to prepare a variance procedure to allow for cases of animals kept as domestic pets that meet the criteria of such a procedure, including proper caging, medical care, etc. City Manager Bruce Spragg reported that as late as today addi- tional information was being received; that all of the veterin- arians and public health officials contacted oppose the keeping of primates as pets; that Staff is recommending that the animal control regulations not be amended to permit woolly monkeys in the City because of potential public health problems, potential legal problems, difficulties with class descriptions, and poten- tial liability to the City; and that if Council should decide to consider the amendment to the ordinance, Staff recommends that Council not be the appeal body, but that a hearing officer be selected in order to somewhat remove the emotion and controversy such matters. from CITY COUNCIL MINUTES 155 APRIL 17, 1978 Jackie Maynard, 2002 Santa Clara, stated that she was happy with the Council's decision. CA 9S ORAL COMMUNICATION Evelyn Hunter, 1739 West COMPLAINT ABOUT GRAFFITTI Camile Place, stated that she has been a resident of Santa Ana for 23 years; that there has been a great increase in writing on walls; and that as a taxpaying citizen she requested that Council consider doing something about it.. CA 78 USE OF CITY PROPERTY BY MURAl City Attorney Keith Gow FARMS - AGREEMENT EXTENDED announced that as a compro- APPROVED mise agreement between the parties, a Stipulation to extend the license agreement of Murai Farms for agricultural use of property proposed for Centennial Park, to June 30, 1978, at a cost of $22,000 plus 1/3 of the net profit realized from the strawberry crop to Mural Farms, for development of the park, was ready for Council approval. He stated that this agreement had been concurred with by Federal officials. On the motion of Councilman Brandt, seconded by Councilman Ward, carried 7:0 unanimously, the Mayor was authorized to execute the described Stipulation for the City. A-77-84 ADJOURNMENT At 8:20 P.M. Mayor Evans adjourned the meeting to 4:00 P.M. on April 25, 1978 in Room 147 adjacent to the Council Chamber, on the unan- imously carried 7:0 motion of Councilman Brandt, seconded by Councilman Ward. FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 156 APRIL 17, 1978