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HomeMy WebLinkAbout08-07-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 7, 1978 The meeting was called to order by Mayor Vernon S. Evans in the City Council Chambers, 22 Civic Center Plaza, at 2:04 P.M. Council members present were Gordon Bricken, Harry K. Yamamoto, David L. Brandt, James E. Ward, John Garthe, and Mayor Vernon S. Evans. Councilman David F. Ortiz was absent. Also present were Staff members Acting City Manager and City Attorney Keith L. Gow; Assistant City Manager Daniel E. Stone; Director of Public Works John E. Stevens; Planning Director Charles C. Zimmer- man; 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. PARAMEDIC ADVISORY COMMITTEE ANNUAL REPORT COMMITTEE RETAINED RECOMMENDAT~ CONTINUED August 7, 1978, summarized orally by On the motion of Council- man Ward, seconded by Councilman Garthe, carried 6:0 unanimously, the written report dated Chairperson, Betty Jo Elliot, was received and filed, the Paramedic Advisory Committee retained, and the recommendations made by the Committee continued to August 21, 1978 for consideration. The motion followed the presentation by Mrs. Elliot in which she said that the Committee had analyzed'both personnel and equip- ment in considering the level of service and the cost effective- ness of four alternative methods of emergency medical service delivery; that the services provided by SATCH (Santa Aha Tustin Community Hospital) have been quite satisfactory; and that the City should maintain control of the delivery to maintain the excellent standards of training and services under one authority. CA 64.3 CONSENT CALENDAR Items 3 B and 3 D were ITEMS REMOVED; DISSENTING removed from the Consent VOTES; ABSTENTION Calendar by Councilman Ward. Councilman Bricken abstained from voting on Item 7 E because the Heritage Develop- ment, Inc. is a client of his firm, Hilliard, Bricken & Assoc. Dissenting votes were registered as follows: Councilman Bricken on Item 4 A; Councilmen Bricken and Ward on Items 4 C, E, G, H, J, L; Councilman Yamamoto on 4 D; Councilman Yamamoto and Mayor Evans on Item S A; Councilman Ward on Items 7 A, B, C, and 12 B. CONSENT CALENDAR The recommendations of STAFF RECOMMENDATIONS Staff were approved on APPROVED the following Consent Calendar items, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt: CITY COUNCIL MINUTES 317 AUGUST 7, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued MINUTES Approved the Minutes of the Regular Meetings of June 27 and July 3, 1978, and the Adjourned Regular Meetings of June 24, June 26, and July 1, 1978. BID CALL Approved plans and specifica- tions and authorized advertise- ment for bids on the following: SPEC 78-021 447 Fireman shirts. CA 89 BID AWARDS Rejected the only bid and authorized readvertising for bids on the following: SPEC 78-010 - One color video terminal or more. Awarded the following on basis of lowest responsible and responsive bidder: PROJECTS 2050, 2051, 2052 and 2053 - Street widening and storm drain construction at various high hazard locations; awarded to Sully-Miller Contracting Company, Orange, in the amount of $116,270.96. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: QUIN-STAR ENTERPRISES, INC. Corner of 17th and Parton - Original - Type "41" on-sale beer and wine (Bona fide public eating place) PROTEST needs Minor Exception. Councilman Bricken registered a NO vote. (Agenda Item 4 A) BELTRAN ENTERPRISES, INC. 218 premises to premises transfer - general. North Grand Avenue - Type "21" off-sale BELTRAN ENTERPRISES, INC. 601 East St. Andrews Place - Original Type "20" off-sale beer and wine. Councilmen Bricken and Ward registered NO votes. (Agenda Item 4 C) GODOY, Everardo, GUTIERREZ, Carmen N..- 2231-33 West First Street - Person to person transfer - Type "42" on-sale beer and wine (Public Premises). Councilman Yamamoto registered a NO vote. (Agenda Item 4 D) NGUYEN, Long Thanh and My Thi 2302 South Broadway - Original - Type "41" on-sale beer and wine (Bona fide public eating place). Councilmen Bricken and Ward registered NO votes. (Agenda Item 4 E) GALLEGOS, Ramiro and HUERTA, Humberto - 502 North Euclid Street - Original - Type ,41" on-sale beer and wine (Bona fide public eating place) PROTEST - needs Minor Exception. Councilmen Bricken and Ward registered NO votes. (Agenda Item 4 G) THE SOUTHLAND CORPORATION 1201 South Standard Street Original - Type "20" off-sale beer and wine. Council- men Bricken and Ward registered NO votes. (Agenda Item 4 H) CITY COUNCIL MINUTES 318 AUGUST 7, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued CHANDLER, Gloria T. and Radie M. 815 North Main Street - person to person transfer - Type "41" on-sale beer and wine (Bona fide public eating place). MANALAD, Cris M. 1345 South Bristol Street Original - Type "20" off-sale beer and wine. Councilmen Bricken and Ward registered NO votes. (Agenda Item 4 J) SAGA ENTERPRISES, INC. 1450 North Tustin - premises to premises transfer - Type "47" on-sale general. GURROLA, Esteban and Carmen 3327 West First Street original Type "20" off-sale beer and wine. Councilmen Bricken and Ward registered NO votes. (Agenda Item 4 L) CA 146 VARIANCES and Findings Approved and filed Negative Declaration or Notice of Exemption, as applicable, of Fact by Planning Commission on the following: NEGATIVE DECLARATION & VA 78-22 - Filed by Gulf Oil Corporation to permit eight tire storage cabinets and four directional signs (4' x 4') on a service station site, modifying Variance 2172, at 2231 North Grand Avenue in the Ri District. Referred back to the Planning Commission by City Council on June 5, 1978, on Appeal 390. APPROVED. Councilman Yamamoto and Mayor Evans registered NO votes. (Agenda Item 5 A) CA 13.3 NOTICE OF EXEMPTION & VA 78-28 Filed by the Metz Corporation to allow a temporary pole sign for a temporary bank until the permanent bank is completed at 1100 North Tustin Avenue in the LP District. DENIED. NEGATIVE DECLARATION & VA 78-29 - Filed by Stephen W. Ostendorf to allow auto repair work in an existing service station, modifying Variance 2143, at 820 North Harbor Boulevard in the C4 District. APPROVED. NEGATIVE DECLARATION & VA 78-32 - Filed by W. D. Schock to expand a boat manufacturing business at 3502 South Greenville Street in the R2-PRD District. APPROVED. NEGATIVE DECLARATION & VA 78-33 - Filed by Ted Moore, Moore Development Company, to allow construction of a shopping center, waiving the 300-foot minimum distance requirement between two free-standing signs, waiving the C4 District parking requirements, and to allow canopy signs at 600 South Harbor Boulevard in the C4 District. APPROVED. CA 13 TENTATIVE PARCEL MAPS Approved and filed the Nega- TENTATIVE TRACT MAP tive Declarations, except for Parcel Map 1075, approved the following maps subject to conditions contained in Planning Director's reports, and waived alley requirements as requested: CITY COUNCIL MINUTES 319 AUGUST 7, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PARCEL MAP #1073 Filed on June 20, 1978 by Dunn Properties Corporation, creating 5 Mi parcels; all proposed parcels to be used for industrial purposes; generally located at the intersection of Goetz Ave. and Oak Street; alley waiver requested. Councilman Ward registered a NO vote. (Agenda Item 7 A) PARCEL MAP #1074 Filed on June 20, 1978 by Dunn Properties Corporation, Inc., creating two MI parcels; both proposed parcels to be used for industrial pur- poses; generally located on the northwest corner of Halladay Street and Goetz Avenue; alley waiver requested. Councilman Ward registered a NO vote. (Agenda Item 7 B) PARCEL MAP #1075 - Filed on June 22~ 1978 by Brook- hollow Associates, creating seven SD parcels; all proposed parcels to be used for Specific Development #8 uses; generally located on the south side of Warner Avenue, 1088 feet east of Grand Avenue; alley waiver requested. (CBQA requirement met on May 24, 1977 - Initial Study ?6-34). Councilman Ward registered a NO vote. (Agenda Item ? C) PARCEL MAP #1077 - Filed on July 13, 1978 by the Irvine Company, creating two LM parcels; both proposed parcels to be used for industrial purposes; generally located on the southwest corner of Dyer Road and Redhill Avenue; alley waiver requested. CA 25 TRACT MAP #10251 Filed on July 10, 1978 by Heritage Development, Inc., creating seventy lots; all proposed lots to be used for residential condominiums; generally located on the south side of Hazard Avenue, 156' west of Rosita Street. Councilman Bricken abstained from voting. (Agenda Item 7 E) CHANGE ORDER Approved the following: PROJECT 7030 - Northeast Reservoir and Pumping Station - Change Order #3 increasing the cost by $4,635 to install a fence along the Santa Fe Railway property line and the north property line. CA 89 RELOCATION ASSISTANCE Approved the disbursement PROGRAM OF $4,000 to Mr. Enemesio Trujillo as a relocation benefit to a displaced residential tenant under the provisions of the Relocation Assistance Program in connection with Project 8125, Fire Station Expansion. CA 64; CA 82.6 AGREEMENTS and Clerk: Approved the following agreements and authorized their execution by Mayor COMMAND & CONTROL PROJECT EMPLOYEE - Between City and Ronald G. Kinsley to extend his contract to September 1, 1979 to complete the installation of electronics and computer programming for the Command and Control Project. A-78-79 SUPPLEMENT TO INCREASE FEDERAL PARTICIPATION IN PROJECT 2041 - Between City and State Department CITY COUNCIL MINUTES 320 AUGUST 7, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued of Transportation for an additional $23,161 for the "Improve Sidewalks and Local Streets" project. Councilman Ward registered a NO vote. (Agenda Item 12 B) A-78-80 JOINT USE AGREEMENT - Between City and Southern California Edison Company for the relocation of the Edison Easement and its operating facilities from the southerly side of the present Alton Avenue west of Bristol Street to the southerly extremity of the street right of way, in conjunction with the proposed street widening. CA 155 WATER SUPPLY INTERTIE - Between City and Tustin Water Works to provide for fire service from the Santa Aha water main on Warner Avenue near Pullman Street in the City of Tustin and to incorporate an existing agreement for a manual intertie on McFadden near Village Way. A-78-82 TRAFFIC SIGNAL MAINTENANCE - Between City and City of Costa Mesa for partial reimbursement of costs in- curred to maintain new traffic signal at the inter- section of Sunflower Avenue and Park Center Place/ Stevens Avenue. A-78-83 WEST COMMUNITY CENTER LEASE RENEWAL - Between City and the Ann B. Hall (Phoebe Thorpe) Trust to renew for one year the lease for 675 square feet of space for $185.33 a month, at 4404 West Fifth Street. A-78-84 LEASE OF SPACE AT CORBIN CENTER TO PEOPLE'S CLINIC Between City and the People's Clinic for 560 square feet of space at Corbin Community Center for one year at $150 a~month. A-78-85 Authorized extension of CETA Title VI projects at current levels through the end of the federal fiscal year; approved the necessary contract amendments for 21 agencies, and authorized their execution by the Mayor and Clerk: EXTENSION OF CETA TITLE VI PROJECTS - Between City and the 21 non-profit agencies listed in the report dated August 7, 1978 prepared by Manpower Project Coordinator, (agencies listed in the Addendum Item II, Pages 5 through 7) to extend their projects to September 30, 1978. A 7~8~A LIABILITY CLAIMS Referred to administration Claims received from July 11, 1978 to July 31, 1978. CA 65.7b APPLICATION TO FILE LATE CLAIM M. Rivera for personal 1977. Referred to Staff the Applica- tion to file late claim sub- mitted on behalf of Lucia injuries sustained October 17, CA 65.7 COUNCIL REFERRAL SUMMARY Received and filed the status report of matters referred to Staff by Council. CA 80.2 * * * * * * * * CONSENT CALENDAR FINIS * * * '~ * * * * CITY COUNCIL MINUTES 321 AUGUST 7, 1978 BID AWARD- PROJ. 2056 & 2057 On the motion of Council- VARIOUS LEFT TURN SIGNALS man Brandt, seconded by APPROVED Mayor Evans, carried 5:1, with Councilman Ward dissenting, Council authorized the use of $60,000 of Revenue Sharing funds for installation of new left turn signals at Edinger and Bristol and on First at Grand (Project 2057) instead of at Fifth and Harbor and at First and Raitt as listed in the adopted 1978-79 Revenue Sharing budget; and awarded the following on basis of lowest responsible and responsive bidder: PROJECTS 2056 & 2057 Relocation of median-mounted left turn signals at four locations (First at Bristol, Harbor at McFadden, Harbor at l?th, 17th at Santa Ana Freeway) and installation of new left turn signals at two locations (Edinger at Bristol, First at Grand); awarded to Electrend, Inc., Los Angeles, in the total amount of $155,941.00. (Agenda Item 3 B) CA 89 CA l12A BID AWARD - PROJ. 8144 & 6132 Councilman Garthe's motion, VARIOUS SCHOOL/PARK SITES seconded by Councilman APPROVED Yamamoto, to reject all bids on Project 8144-B and 6132-A (Adams & Windsor Parks) and authorize readvertising for bids, and to award the following on basis of lowest respons- ible and responsive bidder, carried unanimously 6:0: PROJECTS 8144 & 6132 - Automatic irrigation system and sodding at various school/park sites (Madison, Jerome, Memorial &Alona Parks); awarded to Aka-tani Landscape Company, Gardena, on the base bid and #1 of the add-on alternatives, in the total amount of $67,450.00 (8144-C & 6132-B), and $97,900 for base bid only (8144-A). (Agenda Item 3 D) CA 89 ORDINANCE NO. NS~1433 AN ORDINANCE OF THE CITY A.A. 794 - 17TH & GRAND OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. 794 TO REZONE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SEVENTEENTH STREET AND GRAND AVENUE FROM THE Ri (SINGLE FAMILY RESIDENTIAL), R2 (LIMITED MULTIPLE FAMILY RESIDENTIAL), AND C1 (COMMUNITY COMMERCIAL) DISTRICTS TO THE C5 (ARTERIAL COMMERCIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 7-5-9 was placed on second reading and adopted unanimously 6:0, on the motion of Councilman Ward, seconded by Councilman Brandt. CA 10 ORDINANCE NO. NS-1435 AN ORDINANCE OF THE CITY WAIVER OF BUILDING CODE OF SANTA ANA ADDING SEC- REQUIREMENTS - CONTINUED TION 8-50 TO THE SANTA ANA MUNICIPAL CODE TO PROVIDE A PROCEDURE FOR WAIVER OF BUILDING CODE REQUIREMENTS PERTAINING TO INTERIOR LOT LINES was continued to August 21, 1978 on the motion of Councilman Yamamoto, seconded by Council- man Ward, carried 4:2, with Councilman Bricken and Mayor Evans dissenting. CA 84 ORDINANCE NO. NS-1436 AN ORDINANCE OF THE CITY MULTIPLE FAMILY DWELLING DEFINED OF SANTA ANA AMENDING LIGHTING REQUIREMENTS - 1ST READING SECTION 8-201 TO REDEFINE "MULTIPLE FAMILY DWELLING" AND SECTION 8-210 SUBPART M, TO MANDATE THE LIGHTING REQUIREMENT TO INCLUDE SUBTERRANEAN PARKING AND GARAGES AND DELETING SUBPART N IN ITS ENTIRETY (Amendment of Building Security Ordinance) CITY COUNCIL MINUTES 322 AUGUST 7, 1978 was placed on first reading, and publication of title was auth- orized, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt. Councilman Bricken expressed some concern about the application of the proposed ordinance in certain cases, particularly older structures that undergo extensive remodeling. CA 84 ORDINANCE NO. NS-1437 AN ORDINANCE OF THE CITY ACCESS TO CRIMINAL HISTORY OF SANTA ANA AMENDING FIRST READING SECTION 1-17 OF THE SANTA ANA MUNICIPAL CODE TO PERMIT ACCESS TO LOCAL SUMMARY CRIMINAL HISTORY INFORMATION BY SPECIFIED CITY OFFICIALS IN FULFILLING EMPLOYMENT, CERTIFICATION AND LICENSING DUTIES was placed on first reading and publication of title authorized, on the motion of Councilman Ward, seconded by Councilman Garthe, carried 4:2, with Councilman Bricken and Mayor Evans dissenting. CA 47 ORDINANC~ NO. NS-1444 AN ORDINANCE OF THE CITY REFUSE COLLECTION REGULATIONS OF SANTA ANA AMENDING FIRST READING SECTIONS 16-29, 16-30, 16-31, 16-32, 16-33, AND 16-34 OF THE SANTA ANA MUNICIPAL CODE, AND ADDING SECTIONS 16-35, 16-36, 16-37, AND 16-38 THERETO, TO REVISE THE MUNICIPAL REFUSE COLLECTION REGULATIONS was placed on first reading and publication of title was authorized on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 11.1 ORDINANCE NO. NS-1443 AN ORDINANCE OF THE CITY CITY OFFICERS OF SANTA ANA AMENDING FIRST READING SECTION 2-300 OF THE SANTA ANA MUNICIPAL CODE TO SPECIFY THE OFFICERS OF THE CITY, IN ADDITION TO THOSE SPECI- FIED IN SECTION 1106 OF THE CHARTER was placed on first reading and publication of title authorized on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 79 ORDINANCE NO. NS-1445 AN ORDINANCE OF THE CITY ADOPTION OF ORDINANCES & OF SANTA ANA AMENDING RESOLUTIONS - FIRST READING SECTION 2-106 OF THE SANTA ANA MUNICIPAL CODE TO COMPORT SAID SECTION TO THE PROVISIONS OF SECTION 416 OF THE CHARTER~ AS AMENDED BY VOTE OF THE PEOPLE ON JUNE 6, 1978 was placed on first reading and publication of title was authorized on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 129 CA 153 ORDINANCE NO. NS-1441 NOISE CONTROL - FIRST READING AGREEMENT WITH COUNTY - APPROVED APPROPRIATION ADJ. #6 - APPROVED Ward, seconded by Councilman Garthe, The following ordinance was placed on first read- ing and publication of title was authorized on the motion of Councilman and carried 5:0: ORDINANCE NO. NS-1441 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE VI OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOISE CONTROL - Appropriation Adjustment No. 6. CA 145.4 An amendment to the contract with Orange County to perform certain functions to administer the Noise Control Ordinance was approved on Councilman Ward's motion, seconded by Councilman Garthe, carried 5:0. A-78-86 CITY COUNCIL MINUTES 323 AUGUST 7, 1978 Appropriation Adjustment No. 6 transferring $4,000 from Council Contingency to Planning Contractual Services was approved by a 5:0 vote, on the motion of Councilman Ward, seconded by Councilman Garthe. CA 65.3 Councilman Bricken abstained from voting on each of foregoing motions because of a possible conflict of due to his profession as a sound engineer. the three interest RESOLUTION NO. 78-98 A RESOLUTION OF THE CITY WITHDRAWAL FROM SCAG COUNCIL OF THE CITY OF CONTINUED SANTA ANA STATING ITS INTENTION TO WITHDRAW THE CITY OF SANTA ANA FROM MEMBERSHIP IN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS was continued for consideration at the August 21, 1978 meeting, on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. A previous motion made by Councilman Brandt, seconded by Coun- cilman Ward, to table the matter, failed to carry on a 3:3 tie vote, with Councilmen Garthe and Bricken and Mayor Evans dis- senting. CA 141 RESOLUTION NO. 78-99 A RESOLUTION OF THE CITY CUP 78-9 - 2760 S. HARBOR COUNCIL OF THE CITY OF ADOPTED SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 78-9 was adopted by unanimous 5:0 vote, with Councilman Yamamoto abstaining be- cause the property involved is owned by his employer, Prudential Life Insurance Co., on Councilman Ward's motion, seconded by Councilman Brandt. CA 13.4 RESOLUTION NO. 78-100 A RESOLUTION OF THE CITY COMMENDING CITY MANAGER COUNCIL OF THE CITY OF ADOPTED SANTA ANA COMMENDING THE CITY MANAGER, BRUCE C. SPRAGG, FOR SERVICES RENDERED TO THE CITY OF SANTA ANA was adopted on the motion of Councilman Ward, seconded by Council- man Brandt, and carried 6:0. CA 79 CA 73B RESOLUTION NO. 78-101 A RESOLUTION OF THE CITY MANPOWER COMMISSION AGREEMENT COUNCIL OF THE CITY OF CONTINUED; STAFF REPORT - REQUESTED SANTA ANA AUTHORIZING EXECUTION OF AN AMENDMENT OF THE JOINT EXERCISE OF POWERS AGREEMENT FOR ORANGE COUNTY MANPOWER COMMISSION TO EXTEND THE TERM THEREOF TO SEPTEMBER 30, 1979 was continued to August 21, and Staff was requested to provide Council with a brief examination of the Manpower Commis- sion functions, including administrative costs and benefits, and the pros and cons of remaining in the authority, on the unanimously carried 6:0 motion of Councilman Bricken, seconded by Councilman Yamamoto. CA 140.4; A-78-87 TRANSPORTATION CONSULTANT RESIGNA- The letter of resigna- TION - G. J. (PETE) FIELDING tion dated July 14, 1978 ACCEPTED WITH REGRET from G. J. (Pete) Fielding, Transportation Consultant, was received and accepted with regret, on the motion of Council- man Garthe, seconded by Councilman Brandt, and carried 6:0 unanimously. Councilman Ward expressed the City's appreciation for Mr. Fielding's valuable service to the City. CA 29.10A CA 84 CITY COUNCIL MINUTES 324 AUGUST 7, 1978 COMMUNITY DEVELOPMENT COUNCIL On the motion of Council- REPRESENTATIVE RESIGNATION man Ward, seconded by ACCEPTED Councilman Brandt, Council- man Yamamoto's resignation as the City's representative to the Orange County Community Development Council was accepted on a 5:1 vote, with Mayor Evans dissenting. CA 80.1; CA 140.6 INTER-COUNTY AIRPORT AUTHORITY The Inter-County Airport QUARTERLY FINANCIAL REPORT Authority quarterly finan- FILED cial report for the period ending June 30, 1978, submitted in compliance with Section 2(D) (4) (e) of the Joint Powers agreement of 1974, was received and filed, on the motion of Councilman Garthe, seconded by Councilman Brandt, carried 6:0 unanimously. CA 98.2 VIETNAM VETERANS MEMORIAL PLAQUE Council deferred action PLAZA OF THE FLAGS on a letter dated July 24, ACTION DEFERRED 1978 from Supervisor Philip L. Anthony, First District, which presented a plan to erect in the center of the Plaza of the Flags a concrete structure for a bronze plaque list- ing the names of servicemen who lost their lives in the Vietnam War. The cost of the structure was estimated to exceed $5,000, and the City of Santa Ana was requested to make a financial oommitment to the project. Council concern for similar recogni- tion of veterans of prior wars led to an informal direction to the Mayor to discuss the matter with Supervisor Anthony to seek further information on the project. CA 77.11 HIGH OCCUPANCY VEHICLE PROGRAM The Transportation Advisory TRAC APPOINTED AS STEERING COMMITTEE Committee was appointed APPROVED as a Steering Committee to oversee and develop a High Occupancy Vehicle Program for the City of Santa Aha in response to the designation of Santa Aha as a Community Liaison Area in Orange County by SCAG for their HOV (High Occupancy Vehicle) Demonstration Program; the action was taken on the motion of Councilman Garthe, seconded by Councilman Brandt, carried $:1, with Mayor Evans dissenting. CA 29.10A MULTI-FAMILY DEVELOPMENT IN Jim Scott, a speaker, DOWNTOWN AREA stated that the City's ORAL COMMUNICATION plans to remove single family housing in the downtown area (on French and Spurgeon Streets) to build iow-cost multi-family housing is not the direction he would like to see the City take. CA 82 REQUEST TO KEEP A FERRET A letter dated June 19, IN THE CITY 1978 from Ann L. McKeever REFERRED TO STAFF requesting that the City allow her to keep a ferret within the City limits was referred to Staff on the unanimously carried 6:0 motion of Councilman Garthe, seconded by Councilman Brandt. Staff is currently preparing an amendment to the animal regulations for the City to provide a procedure for maintaining exotic animals, such as the Woolly Monkey. CA 95 CITY COUNCIL MINUTES 325 AUGUST 7, 1978 CLERK OF THE COUNCIL RETIREMENT The letter dated August 2, ACCEPTED WITH REGRET 1978 to the City Council from Clerk of the Council Florence I. Malone, advising of her retirement from City service, was accepted with regret, on the motion of Councilman Ward, seconded by Councilman Brandt, carried 5:1, with Councilman Bricken dissenting. Mrs. Malone's letter establishes her last working day as September 15, 1978. CA 75 RECESS Council members present. At 3:18 P.M. Mayor Evans recessed the meeting; at 3:25 P.M. the meeting was reconvened with the same PROPOSED ANNIVERSARY AWARD Implementation of the PROGRAM FOR EMPLOYEES ."choice program" for REFERRED TO STAFF recognition of the ser- vice of employees was not recommended when Councilman Bricken's motion, seconded by Coun- cilman Brandt, to proceed with the proposed improved program, failed to carry on a 1:5 vote, with Councilman Bricken the lone AYE vote. Councilmen favored continuing the present program until the pro- posed program can be amended to reduce the cost. Frank Blaszcak in his report dated June 12, 1978, estimated a one-time cost of $1,120 included in a total first annual cost of $11,000, with a $5,000 cost in each subsequent year. The City Manager was directed to do some additional work on the Program and to make further recommendation to Council, on the motion of Councilman Ward, seconded by Councilman Brandt, carried 6:0 unanimously. CA 50; CA 73B YOUTH COMMUNITY PROJECT An interim report dated STATUS REPORT July 17, 1978 of the FILED progress of the Youth Community Conservation and Improvement Project was received and filed on the motion of Councilman Garthe, seconded by Councilman Ward, carried 6:0 unanimously. The report prepared by Manpower Project Coordinator Keith E. Blunt stated that the program implemented in the four Community Development target areas had received positive reac- tion from homeowners, individual citizens and various community groups; that the program currently employs 28 participants with four supervisors, and that it is anticipated that an additional twenty homes will be improved before the expiration of the con- tract on September 30, 1978. CA 140.3; CA 140.20 MINNIE STANDARD STREET On the motion of Council- PROGRESS REPORT man Garthe, seconded by FILED Councilman Brandt, carried 6:0 unanimously, a report dated July 31, 1978 prepared by Community Relations Director Peter A. Grams, detailing the follow-up made on specific area problems, was received and filed. Mr. Grams report stated that the adoption of a property maintenance ordinance would tend to keep owners and managers aware of their responsibility to keep the appearance of the area at a minimum standard. CA 99.3 CITY COUNCIL MINUTES 326 AUGUST 7, 1978 PURCHASE OF TAX-DEEDED PROPERTY TAX ASSESSOR'S SALE NO. 1253 APPROVED took the following action: On the motion of Council- man Garthe, seconded by Councilman Ward, carried 6:0 unanimously, Council 1) Directed Staff to advise County Tax Collector of no interest in Parcels 007-052-32 and 007-184-17; 2) Approved the purchase of Parcel 011-251-40 in an alley between Minnie and Standard; 3) Authorized expenditure of $600 for said purchase; and 4) Directed the Mayor to execute all documents necessary for the purchase. CA 45.3 CA 155 PROPOSAL FOR BUDGET & The July 26, 1978 report SALARIES COMMISSION prepared by City Manager FILED Bruce Spragg addressing the suggestion to establish a Budget and Salaries Commission, was received and filed on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Garthe. Mr. Spragg's recommendation to receive and file the suggestion was based on reports by Finance Director Larry Shaffer, concerning review of the City's budget and by Director of Personnel Donald Bott, concerning public wage and salary negotiations. In both instances, efforts by other munici- palities to implement these ideas have failed. CA 65B STATE FUNDING - TRANSPORTATION Staff was directed to FACILITIES - AMTRAK STATION make application to STAFF DIRECTED TO APPLY CALTRANS for funds made available by Senate Bill 1879 for a $100,000 facility improvement of the Santa Aha Amtrak Station, on the motion of Councilman Brandt, seconded by Councilman Ward, carried 6:0 unanimously. Traffic and Trans- portation Director Joe E. Foust reported that no local matching funds are required and he recommended that the project include upgrading the station, improving the parking lot lighting, refurbishing passenger waiting areas and restrooms, provision of a bus loading facility and if feasible, a station platform to facilitate loading and unloading of passengers. CA 84.6 AUTHORIZATION OF LAND USE CHALLENGE & RATIFICATION OF LAWSUIT CHALLENGE AUTHORIZED LAWSUIT RATIFIED CITY OF GARDEN GROVE The City Attorney was authorized to take all necessary action to challenge sufficiency of a Negative Declaration for a General Plan Amend- ment filed by the City of Garden Grove involving 54.27 acres at the northwest corner of Euclid and Hazard, and the filing of a Superior Court action was ratified on the motion of Coun- cilman Ward, seconded by Councilman Brandt, carried 6:0 unani- mously. The report dated July 26, 1978, prepared by Edward J. Cooper, Assistant City Attorney, stated that the lawsuit was filed July 12, 1978 for a writ of mandate and declaratory relief challenging the sufficiency of the Negative Declaration and contending that an Environmental Impact Report is required for the intended new land use designation. CA 139 CITY COUNCIL MINUTES 327 AUGUST 7, 1978 WAIVER OF STADIUM FEES The request of Alex Acevedo SEPTEMBER 3 - DENIED for waiver of fees for use FLAT FEE GRANTing--- of the municipal stadium on September 3, 1978, for a function to be sponsored by the Mexican-American Business- men's Association, was denied and a flat fee of $575 granted, on the motion of Councilman-Ward; seconded by Councilman Brandt, carried 5:1, with Councilman Bricken dissenting. The report dated J~ly 31, 1978 prepared by William J. Palethorpe, Leisure Services Manager, stated that the City had lost a rent~paying 'booking for the same date in favor of this function to honor the Secretary of State of a neighboring country. CA 52.8 STATUS REPORT - STREET TREE A report prepared by REMOVAL & REPLACEMENT PROGRAM Robert E. Gresham, FILED Recreation and Park Director, and dated July 31, 1978 presenting the schedule and present status of major tree removal projects on South Cedar, South Franklin, Wood, and West Third Streets, was received and filed, on the motion of Councilman Garthe, seconded by Councilman Brandt, and carried 6:0 unanimously. CA 52 APPROPRIATION ADJUSTMENT NO. 7 The Appropriation of MINOR ROADWAY IMPROVEMENT - GRAND $4,500 from the Gas Tax APPROVED Contingency Fund to allow construction of additional pavement by City forces on the east side of Grand Avenue north of St. Gertrude Place, and Appropriation Adjustment No. 7, transferring $4,500 from Select Streets Contingency to Select Streets Construction, were approved, on the motion of Councilman Ward, seconded by Councilman Garthe, carried 6:0 unanimously. Tom Brohard, Traffic Engineering Supervisor, in his July 28, 1978 report, stated that a 1,600-foot long section of the east side of Grand Avenue between St. Gertrude Place and Edinger Avenue provides only one northbound lane paved for traffic causing severe congestion during peak hours. His report further states that improvement of the adjoining property is at least a year away and that the small amount of widening and restriping by City crews could be done in about three weeks at a cost of $4,500. CA 65.3 COMPENSATION FOR CITY BOARDS A report dated July 13, & COMMISSIONS 1978 prepared by Estela REFERRED TO STAFF Gutierrez, Administrative Aide, on the Compensation for City Boards and Commissions was referred back to the City Manager, on the motion of Councilman Bricken, seconded by Councilman Garthe, carried 5:1, with Councilman Yamamoto dissent- ing. By the same motion the City Manager was directed to develop a uniform system of payment for the Boards and Commissions, and to review it with Councilmen Bricken and Garthe and Mayor Evans prior to placing it back on the Council Agenda. CA 80.9 AGENDA ORDER PARAMEDIC ADVISORY COMMITTEE REPORT the meeting at 2:00 P.M. The report of the Paramedic Advisory Committee was considered by Council earlier in CITY COUNCIL MINUTES 328 AUGUST 7, 1978 REQUEST FOR WAIVER - C3 DISTRICT The Negative Declaration PARKING REQUIREMENT "OLD W. T. was approved and filed, GRANT BUILDING" and the request for CONDITIONALLY APPROVED C3 District parking waiver for the old W. T. Grant Building at 201 and 203 East Fourth Street was granted subject to the applicant's execution of an agreement that would guarantee his participation in a future in-lieu parking arrangement in the area. Larry De Crona, 307 Catalina Drive, Newport Beach, said that he had approached three property owners and offered sizable amounts of money for property for parking, but he further said that he would gladly participate in the cost of additional parking if the City could provide it for him. CA 17 NOISE COMPLAINT AT POST OFFICE A report dated July 31, UPDATE REPORT 1978 prepared by Community FILED; STAFF DIRECTED Relations Director Peter A Grams, with an update of the post office noise complaint, at 2201 North Grand, was received and filed, and Staff directed to monitor the situation monthly, and to encourage residents to continue providing specific complaints to the Police Department's COP (Community Oriented Policing) Team to alleviate the neighborhood disturb- ance, on the motion of Councilman Garthe, seconded by Councilman Brandt, carried 4:2, with Mayor Evans and Councilman Bricken dissenting. Following comments by Wayne Miller, 1401 East Avalon on the status of the problem, and Council discussion, the City Manager was directed informally to write a letter to the Postmaster General describing the difficulties of the adja- cent residents and asking for assistance in the matter. CA 145.4 HYLAND AVENUE STORM DRAIN The Mayor was authorized LETTER FROM MAYOR RE FUNDING to write a letter to the AUTHORIZED Orange County Board of Supervisors urging the fund- ing for the Hyland Avenue Storm Drain in the 1978-79 Flood Con- trol Program Budget. The report dated July 27, 1978, prepared by John Burk, Senior Civil Engineer, states that the development of approximately 320 acres situated in both Santa Aha and Costa Mesa depends upon the construction of this storm drain and that the County could provide 50% of the construction cost, with the balance divided equally between the City of Santa Ana and the City of Costa Mesa. Letters in favor of early construction of the Hyland Avenue Storm Drain were received by the City from Trammell Crow Company and from C. J. Segerstrom & Sons. CA 70 LA BONITA PARK DEVELOPMENT PLAN The report of Robert E. AUTHORIZED Gresham, Recreation and Park Director, recommend- ing Staff development of La Bonita Park pointed out that a budget cut from $367,950 to $178,950 excludes employment of an outside consultant for development plans. The recommendation that City design staff prepare development plans and bid call for La Bonita Park within the budget of $178,950, was approved on the motion of Councilman Yamamoto, seconded by Councilman Bricken and carried $:1, with Councilman Ward dissenting. CA 52 CITY COUNCIL MINUTES 329 AUGUST 7, 1978 DEFAULT ON NOTE SECURED BY The City Attorney was DEED OF TRUST - CITY SURPLUS PROPERTY authorized to initiate TRUSTBE'S SALE AUTHORIZED a trustee's sale of property on the south side of Civic Center Drive east of Bristol, on the motion of Councilman Ward, seconded by Councilman Garthe, carried 6:0 unanimously. The report dated August 1, 1978 prepared by Thomas Drosman, Deputy Attorney, stated that the property had been declared surplus by the City and was purchased by the Easter Island Ltd. in early 1976 under a note secured by a deed of trust, and that no payments have been received by the City since October 1976. CA 45 NOISE COMPLAINT UPDATE Following an oral report JACUZZI PUMP by Planning Director REFERRED TO STAFF Charles Zimmerman, Council referred the matter back to Staff, on the unanimously carried 6:0 motion of Coun- cilman Ward, seconded by Councilman Brandt. Mr. Zimmerman reported that he had written a letter to Mrs. Owen stating that the City could not withhold final clearance of the permit to install the jacuzzi; and that the City is developing a noise ordinance for'adoption. Councilman Ward asked that the Staff develop the pros and cons of developing an ordinance that applies to exterior noise such as air conditioners, swimming pools and other appliances that would be a problem to a neighbor. Councilman Bricken added that other cities have ordinances that address the subject, and he will submit the list of cities to Staff for their use in develop- ing a general solution to all such problems of this nature. CA 145.4 ISSUANCE OF BUILDING PERMITS At the request of Logan LOGAN NEIGHBORHOOD Neighborhood representatives DEFERRED TO EVENING AGENDA and on the motion of Coun- cilman Bricken, seconded by Councilman Brandt, carried 6:0 unanimously, the matter of the issuance of building permits in the Logan Neighborhood was deferred to the evening Agenda. HIRING FREEZE EXEMPTION REQUESTS - GRANTED Council lifted the hiring freeze for the following positions: Assistant City Engineer, Public Works, motion to approve by Councilman Garthe, seconded by Councilman Bricken, carried 5:1, with Councilman Yamamoto dissenting; Three Laborer I positions, Public Works, motion by Councilman Ward, seconded by Councilman Garthe; carried 5:1, Mayor Evans dissenting; Steno-Clerk I, Clerk of the Council, motion by Councilman Ward, seconded by Councilman Garthe, carried 6:0 unanimously; Typist-Clerk I, Clerk of the Council, Councilman Ward's motion, seconded by Councilman Garthe, carried S:l, with Councilman Yamamoto dissenting; Typist-Clerk II, City Manager, motion by Councilman Brandt, seconded by Councilman Garthe, carried 4:2, with Mayor Evans and Councilman Yamamoto dissenting; Library Clerk II, Library, motion by Councilman Garthe, seconded by Councilman Ward, carried 4:2, with Mayor Evans and Councilman Yamamoto dissenting; CITY COUNCIL MINUTES 330 AUGUST 7, 1978 Typist Clerk I, Library, Councilman Ward's motion, seconded by Councilman Garthe, carried S:I, with Mayor Evans dissenting; Two Recreation Supervisors, Recreation & Parks, motion by Coun- cilman Brandt, seconded by Councilman Bricken, carried 4:2, with Councilmen Ward and Yamamoto dissenting; Assistant Animal Control Officer, Police Department, motion by Councilman Ward, seconded by Councilman Garthe, carried 4:2, with Councilmen Yamamoto and Bricken dissenting; Account Clerk I, Police Fiscal Section, Councilman Brandt's motion, seconded by Councilman Ward, carried 4:2, with Mayor Evans and Councilman Yamamoto dissenting; Four Emergency Services Dispatchers, Brandt, seconded by Councilman Ward, man Yamamoto dissenting; Police, motion by Councilman carried $:1, with Council- Six Typist-Clerks II, Police (4 - Technical Services Division; 1 - Administrative Division; 1 General Investigation Section), Councilman Brandt's motion, seconded by Councilman Ward, carried 4:2, with Mayor Evans and Councilman Yamamoto dissenting; Identification Technician, Police, Councilman Garthe's motion, seconded by Councilman Brandt, carried unanimously 6:0. CA S0 ORAL COMMUNICATION Clarence H. Madden, Presi- STUDENT HOSTELS CONCEPT dent of American Student ENDORSED; PROGRAM REVIEW REQUESTED Hostels, 1023 Hilgard Avenue, Los Angeles, requested Council endorsement of a program to utilize the Santa Ana YMCA as a hostel (discount lodging facility) for travelers to promote foreign and domestic travel. He stated that his non-profit charitable corporation intends to apply for a federal grant on August 15 to promote foreign tourism in the U.S., including Santa Ana and Orange County, utilizing the hostel concept. Councilman Bricken moved to endorse the concept of student hos- tels in principle for this community, and instruct Staff to take the opportunity of the next 30 days to review specifically the components of this particular proposal. The motion was seconded by Councilman Ward, and carried 5:1, with Mayor Evans dissenting. CA 140.3 ORAL CO~B4UNICATION Councilman Brandt reminded ANTIQUE CAR PARADE Council that the Antique PRESENTATION AUTHORIZED Car Parade was scheduled for Saturday, August 12, and he encouraged each of them to immediately communicate with the Public Information Officer regarding particpation. Councilman Brandt's motion to authorize the Mayor or a member of Council to present keys to the City to the Grand Marshalls of the Parade, the Mills Brothers, in appreciation for their participation, was seconded by Councilman Bricken and carried unanimously 6:0. CA 45.1 CA 151 CITY COUNCIL MINUTES 331 AUGUST 7, 1978 APPOINTEE TO HUMAN RELATIONS Councilman Bricken nominated COMMISSION/HOUSING ADVISORY Rodger Ramseyer, Ward 1 COMMISSION - NOMINATED resident, for appointment to the HRC/HAC, to fill the vacancy due to the resignation of Mildred Cobb, and requested confirmation of the appointment at the next Council meeting to provide Council sufficient time to review Mr. Ramseyer's application in the interim. CA 80.9 RECESS At 4:45 P.M., Mayor EXECUTIVE SESSION Evans recessed the meeting & DINNER for an Executive Session to discuss pending litiga- tion and personnel matters pertaining to recruitment for the positions of City Manager and Clerk of the Council. The meeting reconvened at 5:35 P.M., and was immediately recessed for dinner. The meeting again reconvened at 7:30 P.M. with all members of Council present. INVOCATION PLEDGE OF ALLEGIANCE Van Cleef, Salvation Army. Following the Pledge of Allegiance to the Flag, the Invocation was given by Captain Alfred R. CA 80.17 PUBLIC HEARING - APPEAL NO. 392 CUP 78-12 1530-1534 N. VAN NESS PLANNING COMMISSION DENIAL DENIED APPEAL Notice of Exemption and Appeal No. Mayor Evans announced that this was the time and place for the continuation of the public hearing, from the July 11 meeting, on 392, filed by Woodrow and Anne Seabaugh, of the Planning Commission denial of Conditional Use Permit No. 78-12 on June 12, 1978; that the CUP application had been filed to allow for the conversion of twelve apartment units to condominiums at 1530-1534 North Van Ness Avenue in the R3H District; that the hearing had been opened and testimony taken from the proponents and opponents at the July 11 Council meeting; that he and Councilman Ortiz had been absent from the July 11 meeting; that both of them had listened to the taping of the hearing and had examined all the papers, records and documents pertaining to the matter and had filed a certification to that effect with the Clerk of the Council. There were no further speakers on the matter, and the Mayor closed the public hearing. Council approved and filed the Notice of Exemption and directed the City Attorney to prepare a resolution denying Appeal No. 392 and Conditional Use Permit 78-12, affirming the decision of the Planning Commission, by unanimous informal agreement, after Councilman Garthe's motion, seconded by Mayor Evans, to grant the Appeal and the CUP failed on the following roll call vote: AYES: Garthe, Evans NOES: Ward, Brandt, ABSENT: None Yamamoto, Ortiz, Bricken CA 13.4 PUBLIC HEARING Mayor Evans announced WEED ABATEMENT - 1978 SPRING PROGRAM that this was the time RESOLUTION NO. 78-102 - ADOPTED and place for the public hearing of the 1978 Spring Weed Abatement Program to hear all objections to the program from property owners liable to be assessed for the abatement. Taking excerpts from a report dated July 24, 1978, prepared by Reagan J. Bell, the Director of Public Works, John Stevens, CITY COUNCIL MINUTES 332 AUGUST 7, 1978 stated that there were 1,600 parcels posted for abatement that 181 were required to be cleaned by City crews at a cost of $23,096.71 and the remainder were cleaned by the property owners; and that the total cost, including posting, mailing and administration was $28,021.94. No one responded to the Mayor's call for comments on the program and he closed the public hearing. RESOLUTION NO. 78-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS PERTAINING TO THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR was unanimously 7:0 adopted on the motion of Councilman Brandt, seconded by Councilman Garthe. CA 11 AGENDA ORDER - BUILDING PERMITS Following a determination IN LOGAN NEIGHBORHOOD by Mayor Evans that the MORATORIUM ORDINANCE REQUESTED remaining items on the evening Agenda would involve little or no participation by members of the public, he announced that Agenda item 72, continued from the afternoon meeting, would be considered and he recognized Mr. Sam Romero, 2034 South Spruce Street. Mr. Romero stated that despite the fact that Council has approved an agreement with a firm to prepare an Environmental Impact Report for the Logan Area relative to rezoning much of the area from Mi (Manufacturing) to RI (Residential), building permits are still being issued by the City for Mi uses. He requested that a moratorium on the issuance of such permits be imposed until the EIR is completed and acted upon by Council. Council also received copies of a letter dated August 7 from the EIR Consultant, ECOS Management Criteria, urging Council to vote in favor of a moratorium on the issuance of building permits and zoning variances within the Logan neighborhood for a minimum of ninety days. Council instructed the City Attorney to prepare an emergency ordinance, for the August 21 meeting, to place a 90-day moratorium on the issuance of building permits within the Logan Area, allow- ing for certain exceptions, such as home or business improvement, on the motion of Councilman Ortiz, seconded by Councilman Bricken, and carried 5:2, with Councilmen Ward and Garthe dissenting. CA 78.6 PUBLIC HEARING - CONDITIONAL Mayor Evans announced USE PERMITS - ARENAS & THEATERS that this was the time ORDINANCE NS-1438 1ST READING and place for the public hearing on proposed Ordinance NS-1438, and its Negative Declaration, to require a Conditional Use Permit for Arenas and Outdoor Theaters in the C2 District. Planning Director Charles Zimmerman, reading excerpts from his report dated July 12, 1978, stated that there are three or four areas in the City that have C2 zoning of sufficient size to accommodate drive-ins; and that the Planning Commission recom- mends the proposed ordinance to insure the Commission and Coun- cil the opportunity for review of proposed uses of land for thea- ters, swap meets, bazaars, special events, vehicle and vessel sales, etc., through the Conditional Use Permit procedure. CITY COUNCIL MINUTES 335 AUGUST 7, 1978 There were no speakers in favor or opposed to the suggested ordinance, and the Mayor closed the public hearing. ORDINANCE NO. NS-1438 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 41-377 OF THE SANTA ANA MUNICIPAL CODE TO PERMIT ARENAS AND OUTDOOR THEATERS AS CONDITIONALLY PERMITTED USES IN THE C2 DISTRICT was placed on first reading, publica- tion of the title was authorized, and the Negative Declaration was approved and filed on the unanimously carried motion 7:0 of Councilman Ward, seconded by Councilman Brandt. CA 78 CA 13.lA PUBLIC HEARING - A.A. NO. 793 WEST SIDE OF SHELTON APPROVED; ORD. NO. NS-1439 ~ READING its Negative Declaration. He Mayor Evans announced that this was the time and place for the public hearing on Amendment Application No. 793 and further stated that Amendment Application No. 793, filed by Construction Investments Corpora- tion, Tustin, proposes the rezoning of property located on the west side o£ Shelton Street between Brook and Highland Streets from the Ri (Single Family Residence) District to the R3 (Medium Density Multiple Family) District. Planning Director Charles Zimmerman, taking excerpts from his report dated July 12, 1978, stated that the address of the property is 902 South Shelton and he directed Council's attention to the exhibits displayed relating to the zone change. He stated that the Planning Commission unanimously recommended approval of the application on July 10, 1978 because most of the surrounding properties are developed with apartments having medium density and the change of zone will not adversely affect the surrounding area. No one responded to the Mayor's call for proponents or opponents or comments, and he closed the public hearing. Council approved and filed the Negative Declaration, placed the following ordinance on first reading and authorized publication of its title, on the motion of Councilman Brandt, seconded by Councilman Ward, and carried 6:1, with Mayor Evans dissenting: ORDINANCE NO. NS~1439 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 793 TO REZONE PROPERTY LOCATED ON THE WEST SIDE OF SHELTON STREET, BETWEEN BROOK AND HIGHLAND STREETS, FROM THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT TO THE R3 (MEDIUM DENSITY MULTIPLE FAMILY) DISTRICT AND AMEND- ING SECTIONAL MAP NO. 13-5-10. CA 10 PUBLIC HEARING - A.A.'NO. 796 Mayor Evans announced 4711,4723,4801 W. MC FADDEN that this was the time ORD. NS-1440 - 1ST READING and place for the public hearing on Amendment Application No. 796 and its Negative Declaration. He further stated that the application, filed by William Rosen, Santa Ana, proposes the rezoning of property located on the north side of McFadden Avenue between Newhope Street and Corta Drive (4711, 4723, 4801 W. McFadden Avenue) from the A1 (General Agriculture) District to the R2 (Multiple Family Residence) District. Planning Director Charles Zimmerman, taking excerpts from his report dated July 12, 1978, stated that the Planning Commission unanimously recommended approval of Amendment Application 796 on July 10, 1978 because the proposed zoning will conform to the General Plan designation for the area and it will not be detri- mental to the surrounding area and will be compatible with existing development within the area. CITY COUNCIL MINUTES 334 AUGUST 7, 1978 No one responded to the Mayor's call for proponents or opponents or comments and he closed the public hearing. Council approved and filed the Negative Declaration, placed the following ordinance on first reading and authorized publication of its title on the unanimously 7:0 carried motion of Councilman Yamamoto, seconded by Councilman Brandt: ORDINANCE NO. NS-1440 - AN ORDINANCE OF THE CITY OF.SANTA ANA APPROVING AMENDMENT APPLICATION NO. 796 TO REZONE PROPERTY LOCATED ON THE NORTH SIDE OF MC FADDEN AVENUE, BETWEEN NEWHOPE STRBBT AND CORTA DRIVE, FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE R2 (MULTIPLE FAMILY RESIDENCE) DISTRICT AND AMENDING SECTIONAL MAP NO. 16-5-10. CA 10 PUBLIC HEARING - A.A. NO. 797 Mayor Evans announced SOUTH SIDE OF FIRST STREET that this was the time ORD. NS-1441 1ST READING and place for the public hearing on Amendment Application No. 797 and its Negative Declaration. He further stated that the application, filed by Walter H. Leimert, Jr., Los Angeles proposes to rezone property located on the south side of First Street between the Santa Ana Freeway and Golden Circle Drive from the A1 (General Agriculture) District to the C5 (Arterial Commercial) District. Planning Director Charles Zimmerman, taking excerpts from his report dated July 12, 1978 stated that the Planning Commission had unanimously recommended approval of the application on July 10 because although the General Plan designates the 6.2 acres of Tentative Tract Map 10393 fo'r professional and adminis- trative offices, all those properties between the Santa Ana Freeway and the east City boundary south of First Street are zoned and have been developed for commercial uses and the proposed C5 zoning conforms to the zoning and development of the surround- ing area. Proponent Jack Hall representing the applicant, spoke in favor of the zone change. There were no other proponents or opponents and the Mayor closed the public hearing. Council approved and filed the Negative Declaration, placed the following ordinance on first reading and authorized publica- tion of its title on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Yamamoto: ORDINANCE NO. NS-1441 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 797 TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF FIRST STREET, BETWEEN THE SANTA ANA FREEWAY AND GOLDEN CIRCLE DRIVE, FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE CS (ARTERIAL COMMERCIAL) DISTRICT AND AMENDING SECTIONAL MAP NO. 17-5-9. PUBLIC HEARING - A.A. NO. 798 Mayor Evans announced NORTH SIDE OF 18TH STREET that this was the time and ORD. NS-1442 1ST READING place for the public hear- ing on Amendment Applica- tion No. 798 and its Negative Declaration. He further stated that the application, filed by Larue Frey, Inc., Santa Ana, proposes to rezone property on the north side of 18th Street between Mabury and Wright Streets, from the RiB (Single Family Residence - Parking Suffix) District to the C5 (Arterial Commer- cial) District. CITY COUNCIL MINUTES 335 AUGUST 7, 1978 Planning Director Charles Zimmerman, taking excerpts from his report dated JulM 12, 1978, stated that the property address is 162S E. 18th Street; and that the Planning Commission unanimously recommended approval of the application on July 10, 1978 because the requested zoning is in substantial conformance with the adopted General Plan and the requested zoning will not be detrimental to existing or proposed uses in the general area. Mr. Bob Miller, 1809 N. Mabury, responded to the Mayor's request for comments, either pro or con, on the rezoning proposal. Mr. Miller stated that he was neither for nor against the proposed rezoning but would like to know what is going to be built on the property. Mayor Evans responded that, to date, a site plan for the property had not been filed. There were no other speakers, and Mayor Evans closed the hearing. Council approved and filed the Negative Declaration, placed the following ordinance on first reading and authorized publication of its title on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 6:1, with Councilman Bricken dissenting: ORDINANCE NO. 'NS-1442 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 798 TO REZONE PROPERTY LOCATED ON THE NORTH SIDE OF EIGHTEENTH STREET, BETWEEN MABURY AND WRIGHT STREETS, FROM THE RiB (SINGLE FAMILY RESIDENCE- PARKING SUFFIX) DISTRICT TO THE C5 (ARTERIAL COMMERCIAL) DISTRICT AND AMENDING SECTIONAL MAP NO. 5-5-9. CA 10 STRAY ANIMALS IN SOUTHWEST Mayor Evans recognized SANTA ANA Mr. Charles Mosley, 1133 STAFF DIRECTED South Spruce Street. Mr. Mosley had filed a petition signed by 65 residents, on behalf of the Corbin-Jerome Centers Advisory Board requesting an increase in Animal Control due to an excessive number of stray animals in southwest Santa Ana. Discussion on the petition had been continued from the July 11 Council meeting to this meeting at his request. Mr. Mosley stated that he had discussed the problem with various members of the City staff. He suggested that the City develop a community awareness program, with southwest Santa Aha as the pilot program area because many people there are willing to work with Staff to improve the stray animal condition. Ms. Judy Stricker, 3001 Royal Palm Drive, Costa Mesa, also spoke, agreeing with Mr. Mosley as to the seriousness and extent of the problem, particularly in parks where children play in the same areas with dog droppings. She stated that she had been involved in humane work for many years, and that the City's problem is one of the worst in Orange County; that at least two more people should be hired to deal with the animal control problem. Councilman Ward moved to direct Staff to prepare a concentrated program to solve the stray dog problem. Councilman Brandt seconded the motion, adding that the Animal Control Staff should consider the possibility of rescheduling its activities to include a "sweep" of an entire area after 9:00 P.M., if necessary. The mo- tion carried 5:2, with Councilman Ortiz and Mayor Evans dissent- ing. CA 95 CITY COUNCIL MINUTES 336 AUGUST 7, 1978 ORAL COMMUNICATION Councilman Brandt, the LEAGUE OF CITIES VOTING DELEGATE City's voting representa- INSTRUCTED tire at the Orange County Division of the League of Cities meetings, stated that he would be unable to attend the Executive meeting scheduled for August 10; that Councilman Yamamoto would attend, and that he should be authorized to vote on the matters to be considered, including the resolutions to be submitted by the Division at the Annual State Conference of the League in September. Councilman Yamamoto was authorized as the voting delegate and was instructed to vote as indicated on the following resolutions of the Division. Subject Action 1. Amendment of State By- Approved. Moved by Brandt, seconded Laws to allow for propor- by Ward; carried 7:0 tional voting representa- tion at the discretion of each Division Financial reimbursement to coastal cities Disapproved. Moved by Bricken, seconded by Ortiz; carried 7:0 3. Use of Mopeds Disapproved. Moved by Bricken, seconded by Ortiz; carried 7:0 Voting policy change for National League of Cities Disapproved. Moved by Brandt, seconded by Ward; carried 7:0 5. Oppose SCAG Goals and Objectives Policy Approved. Moved by Brandt, seconded by Garthe; carried 7:0 Request that SCAG Executive Committee Allow 60 Days Comment Period Approved; moved by Brandt, seconded by Ward, carried 7:0 e Urging legislative Amendments revising Cancelling Voters Affidavits of Registra- tion Procedure Voting delegate's discretion; moved by Brandt, seconded by Ward, carried 7:0 CA 148.1 ORAL COMMUNICATION EXECUTIVE SESSION REPORT FROM CITY ATTORNEY 'RE SELECTION CONSULTANT CENTER - APPROVED follows: Councilman Garthe moved to approve the City Attorney's recommendation, by way of reporting out of Executive Session, as The City Attorney was instructed to take any and all action necessary, including litigation, to seek indemnification from the Selection Consultant Center for damages resulting to the City from 45 examinations in the selection process for Firefighters. The motion was seconded by Councilman Brandt, and carried unanimously 7:0. CA 139 CITY COUNCIL MINUTES 337 AUGUST 7, 1978 ORAL COMMUNICATION Mr. J. Ogden Markel, PROPOSITION 13 (JARVIS) 1814 South Parton, stated OBSERVATIONS that he wanted to comment on how the City's reaction to Proposition 13 was affecting him and others. By illustration, he described a request filed with the Planning Department to change parking conditions on property he owns on South Main Street, as requiring five months to process and a building electrical inspection fee that had been doubled since the passage of Proposition 13. He suggested that these kinds of reactions were not a proper response by government to the people's approval of the Proposition. CA 68 ORAL COMMUNICATION ANIMALS FOR RESEARCH OPPOSED; REFERRED TO STAFF Animal Shelter's selling animals Mrs. Judy Stricker, 3001 Royal Palm Drive, Costa Mesa, requested Council to oppose the Orange County for research purposes. Councilman Brandt moved to refer the request to Staff, and to instruct Staff to bring back a recommendation at the next meeting on how to stop those animals emanating from this City from being sold for research purposes. The motion was seconded by Councilman Bricken, and carried unanimously 7:0. CA 95 ADJOURNMENT Brandt, seconded by Councilman Ortiz. At 8:45 P.M. the meeting was adjourned on the unanimously 7:0 carried motion of Councilman i~*M~RENCE I. MALONE -- - ' CLERK OF THE COUNCIL CITY COUNCIL MINUTES 338 AUGUST 7, 1978