HomeMy WebLinkAbout05-15-1978MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
May 15, 197g
The meeting was called to order at 2:08 P.M. in the City Council
ChambeFs, 22 Civic Center Plaza, by Mayor Vernon S. Evans. Coun-
cil membeYs present were David F. Ortiz, Harry K. Yamamoto,
David L. Brandt, James E. Ward~ and Mayor Evans. Councilman John
Garthe arrived at 2:30 P.M.; Councilman Gordon Bricken was absent
during the afternoon meeting, and arrived for the evening session.
Councilman David L. Brandt was absent* during the first hour of
evening meeting. Members of Staff present were City Manager Bruce
_C. Spragg, City Attorney Keith L. Gow, Assistant City Manager,
Daniel E. Stone, Director of Public Works John E. Stevens, Senior
Planner William Daugherty, 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 Mayor Evans.
CONSENT CALENDAR Councilman Ortiz requested.
ITEMS REMOVED & removal of Item 4 A from
DISSENTING VOTES the Consent Calendar. Items
5 B, 5 C, 3 D, 12 B, and
12 F were removed by Councilman Yamamoto. Dissenting votes were
registered on Items 4 B and 4 C by Councilman Yamamoto, and on
5 B and 5 E. by Mayor Evans.
CONSENT CALENDAR On the unanimously.carried
STAFF RECOMMENDATIONS $:0 motion of Councilman
APPROVED Ward, seconded by Councilman
Brandt, Council approved the
recommendations of Staff on the following Consent Calendar Items:
MINUTES
Approved the Minutes of the
Regular Meetings of April 17
and April 25, 1978.
BID CALLS
citizens'lives:
Waived formal advertising for
bids and authorized the following
on an emergency basis to preserve
PROJECT 2062 - First Street between Euclid Street and
Andres Place - minor roadway improvement. CA 89
Approved plans and specifications and authorized adver- ~
tisement for bids for the foltd~ing: ~
PROJECT 8135 - Construct wheelchair ramps in downtown
area (minimum of 50). CA 89
BID AWARDS Rejected all bids and authorized
readvertisement for bids on the
followiffg:
SPEC 77-089 - Air compressor.
Awarded the following on basis of lowest responsible and
responsive bidder:
CITY COUNCIL MINUTES
177~ MAY 15, 1978
PROJECT 2060 - Install reflective raised pavement
markers on arterial streets; awarded to Traffic
Appliance Corp., Los Angeles, in the total amount
of $141,078.42.
PROJECT 8113 - Newhope Library landscaping and
irrigation system; awarded to Aglin Corporation,
Brea, including base bid and add-on alternatives #1,
#2, and #3, in the total amount of $10,799.00.
PROJECT 8138 - Resurfacing of South Flower Street
and Santa Aha Boulevard; awarded to Sully-Miller
Contracting Co., Orange, in the total amount of
$93,979.20.
Rejected all bids on the basis that they are above archi-
tect's estimate, and authorized rebid of the following
project with longer bid period and completion date:
PROJECT 8144 and 6132 - Construction of automatic
irrigation system and sodding at various school/park
sites. CA 89
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed Staff
report of the following:
PEREZ, Ruben - 2657 North Main Street - Person-to-
Person transfer ~ Type "40" on-sale beer. Council-
man Yamamoto registered a NO vote. (Agenda Item
4 B)
WON, Heung, Joon and Yong Je - 2025 North Tustin -
Person-to-Person transfer - Type "40" on sale beer.
Councilman Yamamoto registered a NO vote. (Agenda
Item 4 C) CA 146
VARIANCES, CUP &
MINOR EXCEPTION
and Planning Commission or
of Fact on the following:
Approved and filed Negative
Declarations and Notice of
Exemption, as applicable,
Zoning Administrator Findings
NEGATIVE DECLARATION & VA 78-18 - Filed by Ben A.
Silverstein to allow an office condominium project
at 2200 East Fruit Street in the LP District.
APPROVED. (Tentative Parcel Map 1056)
NEGATIVE DECLARATION & VA 78-19 - Filed by Pulver
& Schweickert to construct a church without inte-
grated parking at 1306 1310 West Second St. in
the C1, C2 and CS Districts. APPROVED. Mayor CA 13
Evans registered a NO vote. (Agenda item 5B)
NEGATIVE DECLARATION & CUP 78-4 - Filed by Tuttle
Development Company to construct a 62-unit condomin-
ium development at 1817 North Fairview Street in
the R1-PRD District. APPROVED.
NEGATIVE DECLARATION & CUP 77-44 Filed by Coast
Camaro Salvage (Anthony De Leo) to dismantle auto-
mobiles, store wholesale and retail parts at 802
East Washington Avenue in the M2 District. DENIED.
CA 13.1
CITY COUNCIL MINUTES
~78 MAY 15, 1978
NOTICE OF EXEMPTION & EX 78-13 - Filed by Edward H.
Jackson to allow on-sale beer and wine in an
existing sandwich shop (Our Favorite Heros) in a
shopping center located within 300 feet of a resi-
dential district at 3770 South Bristol Street in
the CR District. APPROVED. Mayor Evans registered
a NO vote. (Agenda Item 5 E) CA
13.2
DEED NO CASH
GRANTOR CITY
Authorized execution of the
following deed by Mayor and
Clerk:
SOUTHERN CALIFORNIA EDISON COMPANY - East of Bristol
north of Santa Clara for a utility easement. CA 155
TENTATIVE PARCEL & Approved and filed Negative
TRACT MAPS Declarations, and approved
the following maps subject to
conditions contained in Planning Director's reports;
waived alley requirement for Tract Map 10382:
NEGATIVE DECLARATION & PARCEL MAP 1056 Filed on
April 18, 1978 by Ben A. Silverstein, creating one
LP parcel; the proposed parcel to be used for
condominium medical offices; generally located on
the south side of Fruit Street, 302' west of Tus-
tin Avenue. (VA 78-18)
NEGATIVE DECLARATION & PARCEL MAP 1059 Filed on
April 24, 1978 by G. L. Lewis Properties, creating
three parcels; all proposed parcels to be used for
industrial purposes; said parcels generally located
on the west side of Halladay Street, 495' south of
Dyer Road. CA 25
AMENDED NEGATIVE DECLARATION & TRACT MAP 10382
Filed on April 6, 1978 by Whitmor Homes, Inc.
creating one R2-PRD lot; the proposed lot is to
be used for residential condominium purposes; gener-
ally located on the south side of Fifth Street,
west of Newhope Street. (CUP 78-5) CA 24
FINAL TRACT MAPS Approved the following maps,
accepted the dedications
thereon, and the bonds in
the amounts set, and authorized execution of the sub-
division agreements:
TRACT 10016 - South side of Fifth Street at
Rosita Street; three lots.
TRACT 100S0 - South side of Santa Clara Avenue
at Richmond Street; five lots.
CA 24
COMPLETION OF
IMPROVEMENTS
following:
Authorized release of per-
formance, monument, labor
and material bonds on the
TRACT 9519 - West of Grand Avenue north of Washing-
ton Avenue. CA 24
ABSENCE OF CITY
MANAGER FROM CITY
May 23, 24 and 25, 1978,
Approved the request for
leave of absence of the City
Manager from the City on
for vacation. CA 79
CITY COUNCIL MINUTES
1,79 MAY 15, 1978
AGREEMENTS
Approved the following agree-
ments and authorized their exe-
cution by Mayor and Clerk:
CROSS TRAINING OF FIRE PERSONNEL - Between City and
County of Orange to allow City fire personnel to
train with County equipment and apparatus and to
extend training time to County fire personnel at the
Santa Ana Training facility, at no additional cost
to the City. A-78-47
PROFESSIONAL AUDIT SERVICES - Between City and Diehl,
Evans and Company, certified public accountants, for
services required under Section 423 of the City
Charter. for the fiscal year 1978-79 at a maximum
fee of ~8,S00.00. A-78-49
ARCHITECTURAL SERVICES - Between City and James K.
Robinson for design of alterations and renovations
of the Police Facility and Annex buildings. (Project
8097) A-78-50
FEDERALLY FUNDED HIGHWAY SAFETY PROJECTS ~ REVISION
TO SUPPLEMENT NO. 1 - Between City and State to
shift $9,000 of the budgeted $10,000 from preliminary
engineering to construction. (Project 2060) A-?8-S1
HYDROGEOLOGIC CONSULTANT SERVICES - Between City and
James M. Montgomery Consulting Engineers, Incorporated,
to evaluate the facilities supplying water to the
Walnut Reservoir (the Walnut Well Field) at a cost
not to exceed $10,000. A-78-53
BOARDS & Appointed Richard Freeman as
COMMISSIONS Chamber of Commerce representa-
tive to the Transportation
Advisory Committee for a term expiring 12-31-78 (replacing
Jack O'Dell, former Chamber representative, who was appoint-
ed a representative at large on April 17, 1978). CA 29.10A
Accepted the following resignation with regret and direc-
ted Staff to prepare an appropriate recognition of ser-
vice:
RESIGNATION FROM BOARD OF RECREATION & PARKS - Letter
dated May $, 1978 from Madaline L. Richards resign-
ing from the Board because she is moving to Huntington
Beach. CA 52.2
LIABILITY CLAIMS
Referred to administration
claims received from April 25
to May 8, 1978. CA 65.7B
COUNCIL REFERRAL
SUMMARY
Received and filed status
report of matters referred
to Staff by Council. CA 80.2
PROCLAMATIONS
May 8, 1978.
Received and filed report
of proclamations issued by
the Mayor from April 25 to
CA
46
CONSENT CALENDAR FINIS
CITY COUNCIL MINUTES
.t80 MAY 15, 1978
SPEC 78-011 - PICKUP TRUCKS Council awarded the
RECREATION & PARKS following on the basis
BID AWARD - APPROVED of lowest responsible
and responsive bidder,
on the motion of Councilman Ward, seconded by Councilman
Brandt, and carried 4:1, with Councilman Yamamoto dissenting:
SPEC 78-011 - Four pickup trucks, replacements,
Recreation and Parks Department; awarded to
Guaranty Chevrolet, Santa Ana, in the total amount
of $22,787.07. (Agenda Item 5 B) CA 89
SPEC 78-012 - PICKUP TRUCKS The alternate bid from
PUBLIC WORKS DEPT. Beach City Chevrolet was
BID AWARD - APPROVED rejected as non-responsive
to the specification, and
the following was awarded on the basis of lowest responsible
and responsive bidder, on Councilman Ward's motion, seconded
by Councilman Brandt, carried 4:1, with Councilman Yamamoto
dissenting:
SPEC 78-012 - One 3/4 ton pickup truck and one 1/2
ton pickup truck, replacements, Public Works -
Equipment Maintenance; awarded to Guaranty Chevrolet,
Santa Ana, in the total amount of $12,012.67. (Agen-
da Item 3 C) CA 89
SPEC 78-013 - PICKUP TRUCK Council rejected bids
FINANCE DEPARTMENT from Beach City Chevro-
BID AWARD - APPROVED let (Alternate) and
Roger Miller Chevrolet
as being non-responsive to the specifications, and awarded
the following on basis of lowest responsible and responsive
bidder, on the motion of Councilman Ward, seconded by Council-
man Brandt, carried 4:1, with Councilman Yamamoto dissenting:
SPEC 78-013 - One 3/4 ton pickup truck, Finance;
awarded to Guaranty Chevrolet~ Santa Ana, in the
total amount of $5,771.25. (Agenda Item 3 D)
CA 89
ABC APPLICATION The Staff report of
429-31 N. SYCAMORE the following Alcoholic
FILED Beverage License Applica-
tion was received and
filed on the motion of Councilman Ortiz, seconded by Council-
man Brandt, carried 4:1, with Councilman Yamamoto dissenting:
ZDUNICH, David M. 429-31 North Sycamore - Original
Type "41" on sale beer and wine (bona fide public
eating place). CA 146
Prior to the motion, David M. Zdunich, 709 South Cypress, stated
that he is proposing to open a fine restaurant serving breakfast,
lunch and dinner and that the service of beer and wine will be
in conjunction with the food service; that public employees in
the area will have a place to eat; and that he has been a resi-
dent of Santa Ana for many years and wishes to invest in his
community.
Councilman Ortiz commented that the Council lacked consistency
in its opposition to establishments serving liquor in the down-
town area.
Councilman Garthe arrived at 2:30 p.m.
CITY COUNCIL MINUTES
181 MAY 1S, 1978
AGREEMENT - DIGITAL EQUIPMENT INC. The following agreement
COMPUTER EQUIPMENT SERVICE was approved, and its
POLICE DEPARTMENT - APPROVED execution by Mayor and
Clerk was authorized,
on the motion of Councilman Ward, seconded by Councilman
Brandt, carried 5:1, with Councilman Yamamoto dissenting:
MAINTENANCE SERVICE ON COMPUTER EQUIPMENT FOR POLICE
COMMAND & CONTROL SYSTEM - Between City and Digital
Equipment Corporation for 8 hour a day, S day a week
coverage from June 16, 1978 to June iS, 1979. (Agenda
Item 12 B) A-78-48
AGREEMENT - LOUIS KOSSUTH Council approved the
MOTORCYCLE RACES AT STADIUM following agreement by
APPROVED a 5:1 vote, with Council-
man Yamamoto dissenting,
and authorized execution by Mayor and Clerk, on the motion of
Councilman Ward, seconded by Councilman Brandt:
SPEEDWAY MOTORCYCLE RACES IN STADIUM - Between City
and Louis G. Kossuth to present motorcycle contests
known as speedway racing in the Municipal Stadium
during the season from April to September 16, 1978.
A-78-52
RECESS
Council members present.
At 2:35 P.M. Council
recessed; the meeting
was reconvened at 2:40
P.M. with the same
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 Brandt,
and carried unanimously 6:0.
ORDINANCE NO. NS-1406 Consideration of second
BUS BENCHES reading and adoption of
CONTINUED TO EVENING AGENDA the following ordinance
was continued to the
evening Agenda on the unanimously approved 6:0 motion of Coun-
cilman 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 SEC-
TIONS 33-100 THROUGH 33-113 REGULATING PLACEMENT OF
BENCHES ON PUBLIC STREETS (Bus Benches). (Minutes Page 293)
ORDINANCE NO. NS-1424 AN ORDINANCE OF THE CITY
BUILDINGS SECURITY STANDARDS OF SANTA ANA ADDING DIVI-
FIRST READING SION 3, ARTICLE II OF
CHAPTER 8 TO THE SANTA
ANA MUNICIPAL CODE ESTABLISHING LOCAL SECURITY STANDARDS FOR
BUILDINGS was placed on first reading on the unanimously carried
6:0 motion of Councilman Ward, seconded by Councilman Brandt,
and Item #14-76 was deleted from the Council Referral Summary.
CA 87
CITY COUNCIL MINUTES
182 MAY 15, 1978
ORDINANCE NO. NS-1425 AN ORDINANCE OF THE CITY
A. A. 787 - 1301 E. DYER RD. OF SANTA ANA APPROVING
ADOPTED AMENDMENT APPLICATION
NO. ?87 TO PREZONE
PROPERTY LOCATED AT 1301 EAST DYER ROAD FROM THE MI (LIGHT
INDUSTRIAL) DISTRICT TO THE SD (SPECIFIC DEVELOPMENT) DISTRICT
AND AMENDING SECTIONAL DISTRICT MAP NO. 30-5-9 was placed on
second reading and adopted, on the motion of Councilman Ortiz,
seconded by Councilman Ward, and carried 5:0, with Councilman
Bricken abstaining because the Applicant is a client of his
firm, Hilliard, Bricken and Associates. CA 10
ORDINANCE NO. NS-1426 AN ORDINANCE OF THE CITY
CONDUCTING OF PARADES OF SANTA ANA AMENDING
FIRST READING THE SANTA ANA MUNICIPAL
CODE SECTIONS 10-7
THROUGH 10-10 AND ADDING SECTIONS 10-11 THROUGH 10-19 REGULAT-
ING THE CONDUCTING OF PARADES was placed on first reading,
and Council determined that no fees would be required, on the
unanimously carried 6:0 motion of Councilman Brandt, seconded
by Councilman Ward. CA 45.1; CA 80.6
RESOLUTION NO. 78-59 A RESOLUTION OF THE CITY
DISASTER ASSISTANCE - AUTHORIZING OF SANTA ANA AUTHORIZING
CERTAIN CITY OFFICIALS - ADOPTED CERTAIN CITY OFFICIALS
TO APPLY FOR AND OBTAIN
FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT (PUBLIC
LAW 228, 93RD CONGRESS) was adopted on a unanimous 6:0 vote,
on the motion of Councilman Ward, seconded by Councilman
Garthe. CA 144
Prior to adoption the title of Resolution No. 78-59 was read
aloud by the Clerk of the Council.
RESOLUTION NO. 78-54 A RESOLUTION OF THE CITY
COMPENSATION - BOARD OF REC- COUNCIL OF THE CITY OF
REATION & PARKS - ADOPTED SANTA ANA AMENDING RESOLU-
TION NO. 73-131 IN PART
RELATING TO THE RATE OF COMPENSATION FOR MEMBERS OF THE BOARD
OF RECREATION & PARKS was adopted on the motion of Councilman
Ward, seconded by Councilman Brandt,
Councilman Yamamoto dissenting.
RESOLUTION NO. 78-55
SERVICE RETIREMENT BENEFITS
CONTINUED TO MAY 23
and carried 5:1, with
CA 80.9
CA 52.2
Consideration of the
following resolution was
continued to the May 23,
1978 Council meeting, on
the unanimously approved 6:0 motion of Councilman Ward, seconded
by Councilman Garthe:
RESOLUTION NO. 78-55 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AN EXTENSION OF THE
FUNDING PERIOD EXPIRATION DATE FOR PRIOR SERVICE LIABILI-
TIES (Payment for prior service retirement benefits).
CA 50
RESOLUTION NO. 78-58 Councilman Ward's motion
BUILDING ADMINISTRATION FEES to continue consideration
CONTINUED TO JUNE 5 of the following resolu-
tion to June 5 was seconded
by Councilman Brandt, and carried unanimously 6:0:
CITY COUNCIL MINUTES
1 83 MAY 15, 1978
RESOLUTION NO. 78-58 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING AND REGULATING FEES
AND CHARGES FOR THE ADMINISTRATION AND ENFORCEMENT OF
CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE.
CA 87
CA 65
MINNIE-STANDARD STREET On the motion of Councilman
IMPROVEMENT STATUS REPORT Ward, seconded by Council-
FILED man Brandt, carried 6:0
unanimously, the Minnie-Standard
Street Improvement status report prepared by'Peter Grams, undated,
was received and filed.
Manuel Rede, Deputy City Manager, orally summarized the contents
of the report and stated that.one problem yet unresolved is
the funding of alley resurfacing; that the Staff is investi-
gating possible sources o£ funds for the needed alley resurfacing;
and that Staff is also drafting a property maintenance ordinance
applicable to.complexes of eight or more dwelling units that
are ten or more years old to enable the City to begin clean-up
of some eight to ten other areas similar to the Minnie-Standard
Street area. CA 99.3
COMPLAINTS REGARDING THE BUTCHERING Staff was requested to draft
OF ANIMALS FOR HUMAN CONSUMPTION IN an Ordinance to prohibit the
BACK YARDS REFERRED TO STAFF FOR butchering of animals in
ORDINANCE TO PROHIBIT back yards for human con-
sumption, on the motion
of Councilman Brandt, seconded by Councilman Ward, carried 4:2
with Councilmen Yamamoto and Ortiz dissenting. This motion
was preceded by a motion to receive and file the report dated
May 2, 1978 prepared by Captain E. B. Hansen in which he states
that the City has little means of prohibiting the activity with-
out amendment of City Ordinances. The motion adopted was sub-
stituted for a previous motion to receive and file the report.
Pat Lindros, 1907 South Maple, described the killing of a pet
pig in a neighbor's back yard which was quite disturbing to her
as well as to the children who witnessed the procedure.
Councilmen expressed concern about the health questions involved
in this practice and about those citizens who do not care to
have butchering done in a fashion encouraging onlookers. CA 95
CETA REENACTMENT LEGISLATION On the motion of Councilman
FILED Ward, seconded by Council-
man Brandt, carried S:l
with Mayor Evans dissenting,
a report dated May 4, 1978, prepared by Keith E. Blunt, was
received and filed. The report advises Council of a proposed
Resolution by the Orange County Division, League of California
Cities, which takes exception to proposed Federal legislation
(HR 11086/S2S?0) as drafted, in the areas of Retirement benefits
and Wage Limitations for the continuance of CETA through
October 1, 1982. The resolution was presented by Council
person Vickie Evans of Cypress at a meeting of the Orange
County Division, League of California Cities. Councilman Brandt
stated that he had dissented to the resolution because of this
Council's position against two of the proposed amendments one
to SEction 122 (j) 1 and one to Section 608. CA 131.11; CA 148.1
CITY COUNCIL MINUTES
MAY 15, 1978
EMERGENCY HOUSING PROGRAM - The report dated May 8,
STATUS REPORT 1978, prepared by Alice
FILED McCullough, advising
Council of the lack of
participation in the City sponsored Emergency Housing Program
administered by the Salvation Army, was received and filed on
the motion of Councilman Brandt, seconded by Councilman Garthe,
carried 6:0 unanimously. Mrs. McCullough stated in her report
that Council had approved the allocation of $6,000 of Second
Year Community Development Block Grant funds for the program.
CA 140.20
TREE REMOVAL AND REPLACEMENT
PROGRAM - STATUS REPORT
FILED REPORT; LIMITED TREE
REMOVAL PROGRAM AUTHORIZED
tenance costs to be done over a
Tree removal and replace-
ment was authorized when
requested by the resident
or when needed to reduce
City liability and main-
two year period and taking out
every other tree to lessen the impact of removal of all the
street trees on a block; the motion was made by Councilman
Ward, seconded by Councilman Yamamoto and carried 5:1 with
Councilman Yamamoto dissenting.
A report dated May 5, 1978, prepared by Garry E. Ott, Park-
Tree Superintendent, states that there are 175 trees scheduled
for removal from City parkways; that the' ash trees on South
Baker, the ash trees on South Cedar, and the deodar cedar trees
on Camile are causing damage to sidewalks and curbs which in-
creases maintenance costs and City liability. CA 52
BOWERS MUSEUM EXPANSION The report dated May 9,
STATUS REPORT 1978, prepared by Manuel
FILED A. Rede, identifying the
activity concerning ex-
pansion of Bowers Museum that has taken place during April and
May and specifying the needs of the Museum identified as a
result of those meetings, was received and filed on the motion
of Councilman Ortiz, seconded by Councilman Ward and carried
6:0 unanimously.
Mr. Rede's report states that the Museum's primary need is the
acquisition of sufficient land for future growth and that land
acquisition would make possible the implementation of a develop-
ment plan which would provide for the orderly and effective
growth of the Museum. CA 85
TUSTIN-SANTA CLARA DETACHMENT On the recommendation of
FROM EAST ORANGE COUNTY WATER Walter Schraub in his
DISTRICT AGREEMENT PREPARATION report dated April 2?,
AUTHORIZED 1978, Staff was autho-
rized to prepare an
agreement with East Orange County Water District for payment
of the bond debt service as a consideration of the detachment
of the Tustin-Santa Clara area, on the basis of an annual
payment of $2,26? for fourteen years, on the motion of Council-
man Brandt, seconded by Councilman Garthe, carried 6:0 unani-
mously. CA 12
STADIUM REPORT The report dated May 10,
FILED; FOUR BOARD RECOMMENDATIONS 1978, prepared by Robert
~-P-~VED E. Gresham concerning
policy for operating
the City's stadium facility was received and filed and the
following four recommendations by the Board of Recreation and
CITY COUNCIL MINUTES
185 MAY 15, 1978
Parks approved, on the motion of Councilman Ward, seconded
by Councilman Brandt, carried 5:1 with Mayor Evans dissenting:
1)
Authorized Staff to adjust existing rates for clients
to provide for break-even operation for local schools
and a profit-making operation for commercial clients.
(Fees to be recommended after the Board's July 10,
1978 meeting)
Authorized four capital improvement projects for the
proposed Fiscal Year 1978-79 budget totalling $165,000
as follows:
a) Asphalt recoating and repair
$50,000
b) Seating replacement (first of four
year project
30,000
c) Field lighting replacement, using
metal halide fixtures
60,000
d) Parking lot repair/resurfacing,
Civic Center budget
25,000 minimum
3)
Authorized Staff to continue efforts with Police Depart-
ment to provide a mobile unit during and after events
at the stadium.
Authorized Staff to establish graphic design for the
stadium using the new name of the facility as approved
recently by the Council (Eddie West Field) CA 52.8
SANTIAGO CREEK - TRANSFER OF Following discussion of a
OWNERSHIP TO ORANGE COUNTY report dated May 9, 1978,
AUTHORIZED REPAIR AND DEFINITION prepared by John E. Stevens
OF CHANNEL PROPERTY LINES concerning the ultimate
transfer of the City-owned
property in the channel area of Santiago Creek to the County of
Orange, Staff was authorized to commence a program of repair to
the channel and to define the channel property lines, on the
motion of Councilman Ward, seconded by Councilman Brandt, carried
4:2 with Councilmen Garthe and Mayor Evans dissenting. CA 145.1
SANTIAGO PARK DEVELOPMENT On the motion of Councilman
STATUS REPORT Brandt, seconded by Council-
CONTINUED TO JUNE 5~ 1978 man Ward, carried 6:0
unanimously, the Status
Report for Santiago Park Development was continued to June 5,
1978. CA 52 .
CENTENNIAL PARK CONCESSION As recommended in a report
DEVELOPMENT PROPOSAL dated May 8, 1978, pre-
STAFF AUTHORIZED TO pared by Robert E. Gresham,
NEGOTIATE AGREEMENT Staff was authorized to
negotiate a master con-
cessionaire agreement for Centennial Park exclusively with Mr.
Johnny Mann of Johnny Mann Productions, Inc., Chatsworth,
California, for an initial period of six months for a negotiated
fee not to exceed a maximum of $10,000 on the motion of Council-
man Ward, seconded by Councilman Brandt, carried 5:1 with Council-
man Ortiz dissenting. CA 52
CITY COUNCIL MINUTES
186 MAY 15, 1978
APPROVAL OF POLICY FOR Consideration of a policy
EMPLOYMENT OF CONSULTANTS for employment of con-
CONTINUED sultants was continued to
June S, 1978, on the
motion of Councilman Brandt, seconded by Councilman Ward, and
carried 6:0 unanimously. CA 80.6
GARDEN GROVE WATER SYSTEM Although the City Attorney
PURCHASE DRAFT AGREEMENT cites in his May 10, 1978,
APPROVED IN PRINCIPLE report some details still
to be worked out, the
draft Agreement presented to Council was approved in principle
on the motion of Councilman Ward, seconded by Councilman Yamamoto
and carried 5:1 with Mayor Evans dissenting. City Attorney Keith
Gow states in his report that the City of Garden Grove has the
draft agreement and if approved by that City, it will be pre-
sented in final form to this Council June S, 1978. A-78-60
AGENDA ORDER
HIRING FREEZE EXEMPTION REQUEST
BOWERS MUSEUM CURATOR OF EDUCATION
DEFERRED TO EVENING AGENDA
On the motion of Councilman
Ward, seconded by Councilman
Garthe, carried 6:0 unani-
mously, consideration of
the hiring freeze exemption
request for the Bowers Museum Curator of Education was continued
to the evening agenda. A prior motion made by Councilman Brandt,
seconded by Councilman Ward, failed on a 3:3 vote with Councilmen
Garthe, Yamamoto and Ortiz dissenting. CA 50
REFERENDUM AUTHORITY TO CONSTRUCT On the motion of Councilman
SUBSIDIZED HOUSING FOR LOW INCOME Brandt, seconded by Council-
SENIOR CITIZENS - Council Referral man Ward, carried 6:0
No. 5-78 FILED; DELETED unanimously, the Attorney's
legal opinion concerning
the question of referendum authority to construct subsidized
housing for low income senior citizens was received and filed
and Council Referral No. 5-78 deleted on the motion of Councilman
Brandt, seconded by Councilman Ward, carried 6:0 unanimously.
The referral was made by Council when two developers requested
use of the City's referendum authority to build senior citizen
and handicapped housing in the northeast area of the City. The
opinion concludes, "that voter approval be obtained for each
development (involving a state public body such as the Santa Ana
Housing Authority) in a different geographic area of the City
of Santa Ana." CA 137
AGENDA ORDER
DOWNTOWN BUILDING SAFETY AND
CLEANUP - STATUS REPORT
DEFERRED
The oral report to be given
by the Assistant City
Manager, Daniel E. Stone,
was deferred to later in
the afternoon agenda.
APPROPRIATION OF ANTI-RECESSION
FUNDS TO STREET RESURFACING AND
SEAL COATING PROGRAM - APPROPRIATION
ADJUSTMENT #152 APPROVED
Appropriation Adjustment
#152 Transferring $58,390
from Federal Anti-Recession
Fiscal Assistance Program
revenue account to Projects
8305 and 8306, street resurfacing and seal coating was approved
on the motion of Councilman Ward, seconded by Councilman Garthe
and carried 6:0 unanimously.
The report dated May 8, 1978 prepared by John E. Stevens stated
that the second quarter allotment of Anti-Recession Fiscal
Assistance was received and must be used to maintain basic City
CITY COUNCIL MINUTES
187 MAY 15, 1978
services. Mr. Stevens further states that the 1978 rainy season
has probably increased the deficiency in street maintenance funding.
CA 65.3
1978 SUIv~ER YOUTH RECREATION
SUPPORT PROGRAM - APPROPRIATION
ADJUSTMENT ~161 APPROVED
Youth Recreation Support Program was
Adjustment #161 transferring $13,940
The Recreation and Park
Department application
for the allocation of
$13,940 for 1978 Summer
approved and Appropriation
from Anticipated Revenue
to various expenditure accounts for administration of the program,
on the motion of Councilman Ward, seconded by Councilman Brandt,
carried 5:1 with Councilman Yamamoto dissenting.
The report dated May 9, 1978, prepared by Jerry P. Brown described
the proposed Federally funded program to be located at Logan Center,
Rosita Park, Jerome Center, Santa Anita Center, La Bonita Park,
Lowell/Flower Parks, Roosevelt Playground and E1 Salvador Park.
CA 65.3; CA 140.3
1978 SUMMER YOUTH PROGRAM - The Mayor was authorized
CETA TITLE III APPROPRIATION to execute a contract for
ADJUSTMENT NO. 162 $624,541 of CETA Title III
AGREEMENT & A.A. APPROVED funds to serve approximately
885 youth with a 1978 Sum-
mer Program for Economically Disadvantaged Youth; the allocation
of $76,895 CETA Title III funds to the County of Orange to serve
Santa Ana Youth in County departments was authorized; and Appro-
priation Adjustment #162 transferring $501,713 from Anticipated
Revenue to various accounts to conduct the Summer Youth Program
was approved, on the motion of Councilman Ward, seconded by
Councilman Ortiz, and carried 6:0 unanimously.
Keith Blunt's report dated May 4, 1978, outlines the City Work
Experience Component, the Summer Youth Study Component, the
Upward Bound Component and the Count~ of Orange Program.
A-78-54; CA 65.3; CA 140.3
COUNCIL CHAMBERS SOUND SYSTEM Council did not authorize
IMPROVEMENT-APPROPRIATION the retaining of a con-
ADJUSTMENT #164 DISAPPROVED sultant to prepare the
necessary wiring diagrams
and materials and installation specifications to improve the
Council Chambers sound system at an approximate cost of $10,000
from Council Contingency (Appropriation Adjustment #164) when
a motion to approve made by Councilman Ward, seconded by Council-
man Ortiz was defeated on a 2:4 vote with Councilman Brandt,
Garthe, Yamamoto and Mayor Evans dissenting.
John Stevens, in his report dated May 5, 1978, stated that the
modifications needed to improve the system would be the installa-
tion of Altec automatic microphone mixers with proper pre-
amplifiers and related circuitry and that because of the special-
ized nature of the work, an outside consultant would have to be
retained to prepare the necessary wiring diagrams and the
material and installation specifications. CA 65.5
CA 77 A
RAISED PAVEMENT MARKERS ON On the motion of Councilman
ARTERIAL STREETS - APPROPRIATION Brandt, seconded by Council-
ADJUSTMENT #165 APPROVED man Garthe, carried 6:0
unanimously, Appropriation
Adjustment #165 transferring $9,000 from Federal Aid Safety
Program Revenue to Project 2060 for Raised Pavement Markers on
Arterial Streets, was approved. CA 65.3
CITY COUNCIL MINUTES 188 MAY 15, 1978
DISTRIBUTION OF SPAY/NEUTER
ANIMAL CONTROL INFORMATION
Council Referral #9-78
MAILING WITH WATER BILL APPROVED;
DELETED REFERRAL
The expenditure of $1,280
to include the United
Humanitarians of Orange
County brochure along
with the City water billings,
was approved on the motion
of Councilman Ward, seconded by Councilman Brandt, and carried
6:0 unanimously; the motion also deleted Council Referral No. 9-78
from the Summary.
A report dated May 9, 1978 prepared by Frank Blaszcak presented
four alternate courses of action in response to an oral request
by Hazel Mortensen at the April 3, 1978, Council meeting, that
the City disseminate animal birth control information. CA 95
RECESS At 3:55 p.m. Mayor Evans
recessed the meeting; at
4:05 p.m. the meeting was
reconvened with Councilmen Ortiz and Bricken absent.
CONTINUATION OF FEES FOR
BUILDING SERVICES
RESOLUTION NO. 78-60 ADOPTED
Resolution was adopted:
On the motion of Councilman
Ward, seconded by Council-
man Brandt, carried 5:0
unanimously, the following
RESOLUTION NO. 78-60 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CONTINUING FEES AND CHARGES FOR
THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 8 OF THE
SANTA ANA MUNICIPAL CODE CA 87; CA 65
DOWNTOWN BUILDING SAFETY AND CLEANUP Following meetings with
ORAL STATUS REPORT BY ASSISTANT the Police, Fire, and
CITY MANAGER Building Safety Departments,
it was decided that the
appropriate short range, intermediate range and long range
approaches to the problem might be:
1)
A fask force approach consisting of a physical survey
of some of the downtown buildings in the daytime and
at night; the survey to be done by City Staff members
and Councilmen desiring to participate.
2)
Develop a plan with the assistance of the Redevelopment
Agency to acquire some of the land where undesirable
buildings are located for the purpose of removing them
and selling the property for new development.
3) Proceed with long range Redevelopment plans for the
downtown area.
City Manager Bruce Spragg added that several years ago the Fire
Department inspected all buildings downtown to identify those
that did not meet the Fire Code, and that at that time occupancy
was limited so that the second floor of buildin~not up to code
could not be used as a residence. CA 87; CA 82
FOURTH STREET TREE City Manager Bruce Spragg
PLANTERS COMPLETED announced that the Fourth
Street tree planters had
been completed and they
are a welcome i~provement to the Downtown area. CA 82
CITY COUNCIL MINUTES
1.89 MAY 15, 1978
POST OFFICE NOISE - Deputy City Manager, Manuel
STATUS REPORT Rede, reported that a
meeting had been held in
Fire Station #10 just north
of the Post Office Facility on North Grand; that the meeting was
called by Peter Grams and attended by Assistant City Attorney
Edward Cooper who advised the residents of their legal rights
and pledged whatever assistance the City is able to give them;
that the meeting was also attended by Building Department Staff
member Bill Heffernan who had conducted the noise level studies;
that the Assistant City Attorney also explained that the City
could not file a lawsuit on behalf of the residents; and that
residents were advised that they have four possible coursesof
action:
1) To continue to work with the Post Office officials
to seek further mitigation measure,
2) To contact their Federal legislators requesting
assistance to solve the problem,
3)
To file a civil lawsuit for the financial losses
resulting from devaluation of their property due
to excessive noise at the Post Office, and
4)
To work with the City to cite post office contractors,
or even post office employees, who violate City noise
Ordinances; to obtain witnesses and to file a police
report that could be proscuted by the City Attorney's
office. CA 145.4
ORAL COMMUNICATION On the motion of Councilman
REQUEST FOR A HOSPITAL HEALTH Ward, seconded by Council-
AUTHORITY REFERRED TO STAFF man Yamamoto, carried 5:0
unanimously, Staff was re-
quested to study and develop a recommendation on the request to
establish a municipal Hospital Health Authority.
The motion was made in response to a request by Rudolfo Montejano,
representing a group of interested citizens, made by letter dated
May 12, 1978, and orally at this meeting. Mr. Montejano was
joined by Hector Godinez, 433 West Santa Clara, a member of the
Board of Directors of Santa Ana-Tustin Community Hospital, in
this request. Mr. Godinez stated that a desirable goal is to
make Santa Aha a major medical center in Southern California.
City Manager, Bruce Spragg, stated that it would be highly
desirable to seek the cooperation of the hospital facilities
in Santa Ana to specialize in some phase of medical treatment;
that the voluntary cooperation would result in less competition
among hospitals and better medical care for the citizens.
CA 64.10
EXECUTIVE SESSION At 4:25 p.m. the Mayor
recessed the Council
meeting to hold an
executive session to discuss personnel matters; at 5:10 p.m.
The meeting was reconvened and immediately recessed for
dinner; at 7:37 p.m. the meeting was reconvened with Councilman
Brandt absent.
CITY COUNCIL MINUTES
190 MAY 15, 1978
PLEDGE OF ALLEGIANCE
INVOCATION
Baptist Church.
Following the Pledge of
Allegiance, the Invocation
was given by Reverend
Robert Glenn, First Mission
CA 80.17
SPECIAL PRESENTATION Mary Ellen Reynolds volun-
"OLDER CITIZEN'S MONTH" teer at the Santa Ana Senior
PROCLAMATION Citizen's Center, and Ester
Andrade, representative of
Santa Ana Towers, joined by Pat Seixas, Director of the Senior
Citizen's Center, received the Mayor's Proclamation designating
the month af May as "Older Citizen's Month"; the Proclamation
was presented by former Mayor and Councilman John Garthe.
Councilman Garthe stated that one of 10 residents in Santa Ana
is over 65 and they are a valuable source of talent and skill.
CA 46
ORAL COMMUNICATION Former Mayor Tom McMichael
WASHINGTON TRIP RE FEDERAL COURT and Judge William Mock
AUTHORIZED were authorized to visit
Washington, D.C., at City
expense to pursue the location of a Federal District Court in
Santa Ana, on the motion of Councilman Garthe, seconded by
Councilman Ortiz, carried 4:2 with Councilmen Ward and Yamamoto
dissenting. CA 77.10 A
PUBLIC HEARING
PROPOSED ORDINANCE TO ADOPT
THE NATIONAL ELECTRICAL CODE, AND
PROPOSED RESOLUTION ADOPTING MODIFI-
CATIONS IN THE REQUIREMENTS OF THE
NATIONAL ELECTRICAL CODE ADOPTED
1975 EDITION~ NATIONAL BL~L CODE
WITH 36 ADMINISTRATIVE AMENDMENTS
Electrical Code.
Mayor Evans announced that
this was the time and place
for the public hearing of
a proposed Ordinance to
adopt the National Electrical
Code with amendments and a
proposed Resolution adopting
modifications in the require-
ments of the National
Assistant City Manager, Daniel E. Stone, reported that Council
had adopted the uniform codes for building, plumbing, mechanical,
housing, sign and abatement of dangerous buildings; that the
consideration of the electrical code had been continued for
further review; that the two main issues are concerning the
elimination of aluminum conductors of size six and smaller, and
uniformity of the Code compared with other cities; and that Staff
had presented a history of the use of aluminum wire and the gen-
erally accepted explanations for the overheating failures causing
fire.
Speakers in support of certain amendments proposed to the 1975
Edition, National Electrical Code were:
W. L. Tubbs, 1030 West 19th Street
Richard Alexander, 1658 Ord Way, Anaheim
Wendell Bril, 941 West Buffalo
B. J. DuBose, Assistant Fire Chief
Those speakers in favor of the amendments agree that aluminum
is not as good a carrier of electrical current as copper and
that the use of small size aluminum wire is indeed a fire hazard;
that the use of aluminum wire requires specially designed elec-
trical boxes and other installation materiaPs which are not
readily available in hardware stores; that Buena Park allows no
aluminum wire at all and the City of Anaheim has less stringent
regulation of aluminum wire than is proposed by Santa Ana;that the
CITY COUNCIL MINUTES
191 MAY 15, 1978
Electrical Code has been, over the years, more of a how-to
manual than a safety standard; that there has never been
a good set of national standards for electrical wiring for
building construction; and that our City Fire Department sup-
ports the proposed amendments to the National Electrical Code,
1975 Edition.
Those in opposition to the prohibition of aluminum wire in
sizes smaller than #6 were:
Brian Vaughan, 714 Fullerton Avenue
Dan Van Dorp, 865 Jasper Circle, Anaheim
Messrs. Vaughn and Van Dorp indicate that the Code is developed
with input from thousands of members in the industry, that the
suggestions are screened and those that have merit are incor-
porated in the Code; that the insurance companies that guarantee
and underwrite the safety of residences concur with the Code;
that the New York Fire,Underwriters are contributors to the
development of the Code; that the Code provides reasonable pro-
tection and is not intended to be a 100% complete safety doc-
ument; and that three Orange County cities, Fullerton, La Habra,
and Brea, have adopted the Code without amendments as w~ll as
the County of Riverside, the County of San Diego and the County
of San Bernardino.
There being no further speakers, Mayor Evans closed the public
hearing.
On the motion of Councilman Bricken, seconded by Councilman
Ortiz, carried S:I with Councilman Garthe dissenting, the 1975
Edition of the National Electrical Code was adopted as the
Electrical Code of the City of Santa Ana.
Assistant City Manager, Daniel
the 49 proposed amendments are
have been in force in the City
E. Stone, pointed out that 36 of
for administrative purposes and
for many years.
On the motion of Councilman Bricken, seconded by Councilman
Ward, carried 6:0 unanimously, 56 amendments to the National
Electrical Code now appearing in the City Municipal Code were
adopted. CA 87
RECESS At 8:50 p.m. Mayor Evans
recessed the meeting;
at 8:55 p.m. the meeting
was reconvened with Councilman Ortiz absent and Councilman
Brandt rejoining the meeting.
PUBLIC HEARING
NEGATIVE DECLARATION AND APPEAL
#386 OF THE DENIAL OF VA 77-76
CONTINUED TO JUNE 5~ 1978
#386 of the denial
office
Street
Mayor Evans announced
that this was the time
and place for the public
hearing of Negative
Declaration and Appeal
of Variance 77-76 to allow a professional
in an existing residence at 1432 East Seventeenth
in the Ri District.
William Daugherty, Senior Planner, sta~dthat the subject pro-
perty is located at the southeast corner of Linwood and Seven-
teenth, that the property contains 5400 square feet and has a
1300 square foot residence thereon; that Seventeenth Street
is a planned arterial street and Linwood is a local residential
street; that the property is within a special study corridor
that extends the length of Seventeenth Street; that the Planning
Commission on January 23, 1978, denied the variance on a 4:3
vote; that the applicant filed an appeal and the Council
CITY COUNCIL MINUTES
19j MAY 15, 1978
referred it back to the Planning Commission for rehearing of
new information; and the Planning Commission again denied the
variance April 10, 1978, on a 3:3 vote.
The appellant, Dr. Joan B. Glad, stated that the denial was
based on the intrusion into residential properties on Linwood
and the flow of traffic at Linwood and Seventeenth. She stated
that as to the intrusion, she had obtained signatures of all
the residents on the east side of the street who had no ob-
jection to her proposed professional use of the house at the
corner; and as to traffic, she stated that her practice would
produce only one car entering and one leaving Linwood per hour;
that the subject home is one of only two residences left on
Seventeenth Street; and that the heavy traffic on Seventeenth
Street make the structure unsuitable for residential use.
There being no further speakers, Mayor Evans closed the public
hearing. The motion of Councilman Yamamoto, seconded by Council-
man Bricken to deny the Appeal #386, failed to carry on a 3:3
vote with Councilmen Brandt, Garthe and Mayor Evans dissenting.
A subsequent motion to approve and file the Negative Declaration
and grant Appeal #386 with the condition that the Variance be
reviewed within two years, also did not carry on a 3:3 vote
with Councilmen Ward, Yamamoto, and Bricken dissenting.
A third motion to continue the matter to June 5, 1978, to allow
Councilman Ortiz to listen to the tape recording of the public
hearing and prepare to vote on the matter, was made by Council-
man Garthe, seconded by Councilman Brandt, and carried 6:0
unanimously. CA 13.3
ORDINANCE REGULATING BUS BENCHES On the motion of Council-
ORDINANCE NO. NS-1406 ADOPTED man Yamamoto, seconded by
Councilman Ward, carried
S:i with Councilman
Garthe dissenting, the following Ordinance was placed on
second reading and adopted:
ORDINANCE NO. NS-1406 - AN ORDINANCE OF THE CITY OF
SANTA ANA AMENDING THE SANTA ANA MUNICPAL CODE BY ADDING
SECTIONS 33-100 THROUGH 33-113 REGULATING PLACEMENT OF
BENCHES ON PUBLIC STREETS. CA 84; CA 35
HIRING FREEZE E~EMPTION REQUEST The position of Bowers
BOWERS MUSEUM CURATOR OF EDUCATION Museum Curator of Edu-
APPROVED cation was exempted
from the hiring freeze
and authorization given for the immediate hiring of a permanent
employee to fill the position, on the motion of Councilman
Brandt, seconded by Councilman Ward, carried 5:1 with Councilman
Yamamoto dissenting. CA 50
ORAL COMMUNICATION
RESOLUTION AUTHORIZING THE CITY
~IANAGER AND THE CITY ATTORNEY
TO ALLOW, COMPROMISE OR SETTLE
CLAIMS AGAINST THE CITY NOT EX-
CEEDING FIVE THOUSAND DOLLARS
RESOLUTION NO. 78-61 ADOPTED
senting:
Resolution No. 78-61 the
title of which was read
and is as follows, was
adopted on the motion of
Councilman Garthe,
seconded by Councilman
Brandt, carried 5:1 with
Councilman Bricken dis-
CITY COUNCIL MINUTES
193
MAY 1S, 1978
RESOLUTION NO. 78-61 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY ATTORNEY
AND THE CITY MANAGER TO ALLOW, COMPROMISE OR SETTLE
CLAIMS AGAINST THE CITY WHICH DO NOT EXCEED FIVE THOUSAND
DOLLARS ($5,000) AND ALSO DELEGATING ITS AUTHORITY TO THE
CITY ATTORNEY AND CITY MANAGER TO COMPROMISE ANY PENDING
ACTION. CA 65.7
ORAL COMMUNICATION When asker by the Assis-
AMENDMENTS TO THE 1975 EDITION, tant City Manager, Daniel
NATIONAL ELECTRICAL CODE E. Stone, the Council
AUTHORIZED ON NEXT AGENDA agreed by unanimous in-
formal consent to listen
to Staff's representation of thirteen amendments to the National
Electrical Code at the next regular Council meeting. CA 87
ADJOURNMENT
carried 6:0 unanimously,
Mayor Evans
At 9:25 p.m. and on the
motion of Councilman
Yamamoto, seconded by
Councilman Garthe,
adjourned the meeting.
FLOUNCE I. MALONE
F~)RENCE I. MALONE-- -~-~.-- --[
CLERK OF THE COUNCIL ~ --
CITY COUNCIL MINUTES
194 MAY 15, 1978