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HomeMy WebLinkAbout10-02-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 2, 1978 The meeting was called to order in the City Council Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans at 2:00 P.M. Council members present were David F. Ortiz, Harry K. Yamamoto, James E. Ward and Mayor Evans. Councilman Gordon Bricken arrived at 2:05 P.M.; Councilman David L. Brandt arrived at 2:17 P.M.. Councilman John Garthe was absent. Members of Staff present included Acting City Manager/City Attorney Keith L. Cow, Assistant City Manager Daniel E. Stone, Director of Public Works John E. Stevens, Planning Director Charles C. Zimmerman, Police Chief Raymond C. Davis, and Acting Clerk of the Council Patricia E. Rice. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Yamamoto. RECESS At 2:02 P.M. Council REDEVELOPMENT AGENCY & recessed to convene the HOUSING AUTHORITY special meeting of the Community Redevelopment Agency, during which Councilman Bricken arrived; Council recon- vened at 2:09 and immediately recessed for the adjourned regu- lar meeting of the Housing Authority. The Council meeting was again reconvened at 2:12 P.M. with five members present. CONSENT CALENDAR Mayor Evans removed Items ITEMS REMOVED & 4 D, 5 D, Councilman Ward DISSENTING VOTES removed Item 12 C, from the Consent Calendar; Item 12 E (Santa Ana-Tustin Community Hospital Agreement) was added to the Agenda and removed from the Consent Calendar by the Mayor. Dissenting votes were registered on Item 4 B by Councilman Bricken, Item 4 A, 4 C and 4 E by Councilman Yamamoto, and on Item 5 C by Mayor Evans. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Council approved the recommendations Consent Calendar items: On the unanimously carried 5:0 motion of Councilman Ortiz, seconded by Councilman Ward, of Staff on the following MINUTES Approved the following Minutes: Regular Meeting - August 21, 1978 Adjourned Regular Meeting - August 22, 1978 Regular Meeting - August 29, 1978 Adjourned Regular Meeting - August 30, 1978 Regular Meeting September 5, 1978 Regular Meeting September 18, 1978 Special Meeting September 25, 1978 Regular Meeting September 26, 1978 BID CALL Approved plans and specifica- tions and authorized advertise- ment for bids on the following: CITY COUNCIL MINUTES 405 OCTOBER 2, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 78-025 - Tree trimming (Quadrant "B") CA 89 BID AWARDS Awarded the following on basis of lowest responsible and responsive bidder, and authorized the Purchasing and Property Control Officer to sign the contracts on behalf of the City: PROJECT 1405 Street improvements on the south side of McFadden Avenue between Grand Avenue and Village Way at various locations; awarded to Griffith Company, Irvine, in the amount of $24,428.00. PROJECT 2064 - Widening of Ross Street from First Street to Third Street; awarded to Sully-Miller Contracting Co., Orange, in the amount of $64,334.00. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff Report of the following: GODOY, Everardo - 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 A) GORENBEIN, Sherman 303 North Bristol Street - Original Type "20" off-sale beer and wine. Councilman Bricken registered a NO vote. (Agenda Item 4 B) RODARTE, Manuel - 2327 South Bristol Street - Person-to-person transfer - Type "48" on-sale general (public premises). Councilman Yamamoto registered a NO vote. (Agenda Item 4 C) URIE, James D. & Barbara J. 2525 - A West Seventeenth Street Person-to-person transfer Type "40" on-sale beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 E) CA146 VARIANCES & Approved and filed the CONDITIONAL USE PERMIT Negative Declarations and Planning Commission Findings of Fact on the following: VA 78-43 Filed by Painters and Allied Trades Local #686 to construct a union hall, waiving the required 10-foot setback and a portion of the required parking, at 1321 West Fifth Street in the C1 District. APPROVED. VA 78-45 Filed by Roy Shafer to permit remodel- ing and expansion of a legal nonconforming canopy sign at 1423 North Main Street in the C2 District. APPROVED. CA 13 Approved and filed Notice of Exemption and Planning Commission Finding of Fact on the following: CUP 78-14 - Filed by Pro-Con Development Corp. to convert a 54-unit apartment development to condominiums at 408 Civic Center Drive East in the R3H District. APPROVED. Mayor Evans registered a NO vote. (Agenda Item 5 C) CA 13.1 CITY COUNCIL MINUTES 406 OCTOBER 2, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued TENTATIVE PARCEL & Approved and filed the TRACT MAPS Negative Declarations, approved subject to condi- tions contained in Planning Director's reports, and waived alley requirements on the following: PARCEL MAP 1083 - Filed on August 16, 1978 by Cadillac Fairview California, creating 3 Mi parcels; all proposed parcels are to be used for industrial purposes; generally located at the southwest corner of Fairview Street and Segerstrom. PARCEL MAP 1084 - Filed on September 6, 1978 by the Standard Concrete Material, Inc., creating 2 Mi parcels; both proposed parcels are to be used for industrial purposes; located generally on the north side of Warner Avenue approximately 257' west of Grand Avenue. CA 25 TRACT MAP 8803 (3rd Revision) Filed on September 1, 1978 by Tuttle Development creating 66 Ri lots; all proposed lots are to be used for residential purposes; located generally on the east side of Fairview, 200' north of 17th Street. CA 24 AGREEMENTS Approved the following agreements and authorized their execution by Mayor and Clerk: MAJOR DIVERSION PROGRAM - Between City and County of Orange to provide funding ($210,321) to continue the program to divert juveniles from the Juvenile Justice System until September 30, 1979. A-78-109 SALE OF CITY SURPLUS LAND TO THE COMMUNITY REDEVEL- OPMENT AGENCY OF SANTA ANA - Between City and the Community Redevelopment Agency of Santa Ana to transfer City surplus land located at the northeast corner of First and Birch Streets to the Community Redevelopment Agency of Santa Ana for the purchase price of $75,000. A-78-110 TERMINATION OF LEASE FOR DEVELOPMENT OF PROPOSED BIKE TRAIL AND REST STOP - Between City and Orange County Flood Control District terminating 2S-year lease of property between Alton Avenue and Seger- strom Street west of the Orange County Flood Con- trol Channel. (Deed #6262) A-78-112 BOARDS & COMMISSIONS Confirmed the following Human Relations Commission/ Housing Advisory Commission appointments: Velma S. Bettis, Ward 1, for a term expiring August 1, 1980, replacing Alda Gaines as the Housing Authority Senior Tenant Representative. Phyllis Joan Raugi, Ward 7, for a term expir- ing August 1, 1980, replacing Adela Salinas as the Housing Authority Tenant Representative. CA 80.9 CITY COUNCIL MINUTES 407 OCTOBER 2, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued LIABILITY CLAIMS and the following requests Referred to administration claims received from Septem- ber 12 to September 25, 1978; for leave to file late claims: ESAU M. QUIROZ Claim for damages incurred on or about May 23, 1977. RUSSELL & YUTAKA MIURA dba MIURA FARMS Claim for damages incurred in an automobile accident on March 1, 1978. CA 65.7 CA 65.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS to September 25, 1978. Received and filed report of proclamations issued by the Mayor from September 12 CA 46 * * ~ * ~ * * * CONSENT CALENDAR FINIS * * * * * * * * ABC LICENSE APPLICATION 2034 S. MAIN ST. APPROVED tion, on the motion of man Ortiz, carried 4:2, ing: Council received and filed the Staff report of the following Alcoholic Beverage License Applica- Councilman Brandt, seconded by Council- with Councilmen Ward and Bricken dissent- GUTIERREZ, Pamela C. 2034 South Main Street Original - Type "20" off-sale beer and wine. (Agenda Item 4 D) CA 146 Two prior motions to receive and file with protest, both made by Councilman Ward, seconded by Mayor Evans, failed to carry 3:2 with Councilmen Yamamoto and Ortiz dissenting; and 3:3 with Councilmen Yamamoto, Ortiz and Brandt dissenting; respectively. Councilman Brandt arrived at 2:17 P.M. during consideration of the foregoing matter. MINOR EXCEPTION 78-30 On the motion of Council- 720 W. 17TH STREET man Ortiz, seconded by APPROVED Councilman Brandt, carried 4:2, with Councilmen Ward and Bricken dissenting, Council approved and filed the Notice of Exemption and Zoning Administrator Finding of Fact on the follow- ing: EX 78-30 Filed by Quin Star Enterprises to allow on-sale beer and wine in a proposed restaurant within 300 feet of residences at 720 West Seventeenth Street in the C1 District. APPROVED. (Agenda Item 5 D) CA 13.2 AGREEMENT - J.C. PENNEY CO. The following agreement EXERCISE TRAIL AT SANTIAGO PARK was approved and its execu- APPROVED tion by Mayor and Clerk was authorized, on the unani- mously carried 6:0 motion of Councilman Brandt, seconded by Coun- cilman Ward: CITY COUNCIL MINUTES 4O8 OCTOBER 2, 1978 DEVELOPMENT OF AN EXERCISE TRAIL AT SANTIAGO PARK - Between City, J. C. Penney Company, Incorporated and the Santa Ana Junior Chamber of Commerce to cooperatively develop plans for and construct an exercise trail at Santiago Park. (Agenda Item 12 C) A-78-111 The motion included a request that Staff report exercise trail should not be completed within a period. to Council if the three-month AGREEMENT SATCH OPERATION OF PARAMEDIC UNITS APPROVED Santa Ana Community Health Authority, Councilman Ward declared a conflict of interest because of his membership on the Board of the and left the Council dais. On the unanimously carried 5:0 motion of Councilman Brandt, seconded by Councilman Ortiz, Council approved the following agreement and authorized its execution by Mayor and Clerk: OPERATION OF CITY PARAMEDIC UNITS - Between City and Santa Ana-Tustin Community Hospital to implement operation of a second paramedic unit by SATCH to provide greater flexibility of operation of multiple units. A-78-113 Council Ward returned to the dais. ORDINANCE NO. NS-1454 AN ORDINANCE OF THE CITY CITY COUNCIL MEETINGS OF SANTA ANA AMENDING ADOPTED SANTA ANA MUNICIPAL CODE SECTION 2-100 PROVIDING FOR REGULAR MEETINGS OF THE CITY COUNCIL TO BE HELD AT 2:00 P.M. ON THE FIRST AND THIRD MONDAYS OF EACH MONTH was placed on second reading'and adopted by unanimous 6:0 vote, on the motion of Councilman Yamamoto, seconded by Councilman Ortiz. CA 80 ORDINANCE NO. NS-1451 AN ORDINANCE OF THE CITY REGULATING SKATEBOARDS OF SANTA ANA AMENDING FIRST READING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF REGULATING THE USE OF SKATEBOARDS IN THE CITY OF SANTA ANA was placed on first reading and publication of title was authorized, on the motion of Councilman Yamamoto, seconded by Councilman Brandt, carried 4:2, with Councilmen Ward and Bricken dissenting. CA 18.10 ORDINANCE NO. NS-1455 AN ORDINANCE OF THE CITY TRUST FUND - REVENUE SHARING OF SANTA ANA ADDING ARTICLE ADOPTED V, SECTIONS 13-40, 13-41, 13-42 AND 13-43 TO CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING A TRUST FUND FOR THE DEPOSIT OF ALL GENERAL REVENUE SHARING FUNDS PURSUANT TO THE STATE AND LOCAL ASSISTANCE ACT OF 1972 (P.L. 92-512, AS AMENDED) was placed on second reading and adopted on the unani- mously carried 6:0 motion of Councilman Ward, seconded by Council- man Yamamoto. CA l12A CA 65 CITY COUNCIL MINUTES 409 OCTOBER 2, 1978 ORDINANCE NO. NS-1456 AN ORDINANCE OF THE CITY CITATIONS - VEHICLES & VESSELS OF SANTA ANA AMENDING FIRST READING SANTA ANA MUNICIPAL CODE SECTIONS 1-18 AND ADDING SECTION 1-20, RELATING TO AUTHORITY TO ISSUE CITATIONS, AND OWNERSHIP OF VEHICLES AND VESSELS AS PRIMA FACIE EVIDENCE (Renumbering of ordinances relating to Authority to issue cita- tions and prima facie evidence) was placed on first reading and publication of title authorized, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 79 RESOLUTION NO. 78-127 A RESOLUTION OF THE CITY REFUSE COLLECTION CHARGES COUNCIL OF THE CITY OF ADOPTED SANTA ANA ESTABLISHING A NEW SCHEDULE OF SERVICE CHARGES FOR REFUSE COLLECTION SERVICES (RESIDENTIAL) was adopted on the motion of Councilman Ward, seconded by Councilman Brandt, carried S:l, with Councilman Ortiz dissenting. ~ Councilman Ortiz requested that the Staff report relating to this item be corrected to show that he was absent from the Council meeting held on July 11, 1978 when the vote was taken on the new refuse collection and disposal contract between the City and Great Western Reclama- tion. CA 11.4 RESOLUTION NO. 78-128 A RESOLUTION OF THE CITY FAU PROGRAM COUNCIL OF THE CITY OF ADOPTED SANTA ANA REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF FIRST STREET WITHIN THE CITY OF SANTA ANA was adopted on the unanimously carried 6:0 motion of Council- man Ward, seconded by Councilman Yamamoto. CA 29.9 RESOLUTION NO. 78-129 A RESOLUTION OF THE CITY FAU PROGRAM COUNCIL OF THE CITY OF ADOPTED SANTA ANA REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM THE INSTALLATION OF A COMPUTERIZED TRAFFIC SIGNAL SYSTEM WITHIN THE CITY OF SANTA ANA was adopted unanimously 6:0 on the motion of Councilman Ward, seconded by Councilman Yamamoto. CA 29.9 REQUEST FOR WAIVER OF FEES Following consideration of CUP & ENVIRONMENTAL ASSESSMENT the report dated September 26, 3410 W. MAYWOOD - DENIED 1978, prepared by the Planning Department, Council- man Bricken's motion to deny the request from Opportunities Industrialization Center of Orange County (OIC) for cash contribu- tion or grant from City to cover Planning filing fees (waiver of fees) to operate a training facility and program in automotive body and fender repair within the industrial district of the City of Santa Ana in the M 1 zone, seconded by Councilman Ortiz, carried 6:0 unanimously. The report stated that the total fees for the required Conditional Use Permit, Variance, and an environmental assessment review would be $650.00, and Section 41-634 of the Municipal Code states that no application shall be accepted for filing without the required fee, with the exception of governmental agencies which are exempted from fee requirements. The Code does not provide for a waiver of fees for charitable, non-profit or tax exempt operations, such as OIC. CA 140.21; CA 80.6 CITY COUNCIL MINUTES 410 OCTOBER 2, 1978 CIVIC CENTER BUDGET Council received and filed FISCAL YEAR 1978-79 the report prepared by RECEIVED & FILED Robert E. Gresham, Direc- tor of Recreation and Parks, dated September 21, 1978, submitting the Civic Center Budget for fiscal year 1978-79, approved by the Civic Center Commission, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 77 PROPERTY MAINTENANCE ORDINANCE The status report on the STATUS REPORT property maintenance ordinance RECEIVED ~ FILED requested by Council at its May 15, 1978 meeting, rela- tive to apartment complexes of eight or more dwelling units, ten years of age or older, prepared by Administrative Aide Estela F. Gutierrez, dated September 26, 1978, was received and filed on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 87 BOWERS MUSEUM EXPANSION The report dated Septem- PROPERTY ACQUISITION ber 26, 1978, prepared by STATUS REPORT - RECEIVED & FILED Museum Director Reilly P. Rhodes, stated that the City, with the cooperation of the County under the Federal General Revenue Sharing Program, has acquired two parcels of property contiguous to the existing land boundaries of the Museum, for the purpose of future Museum expansion. Council received and filed the report on the unanimously approved 6:0 motion of Councilman Ward, seconded by Councilman Yamamoto. CA 85 MEDIAN MAINTENANCE CONTRACT Termination of Median PROJ. 8313 - AUSTIN MAINTENANCE Maintenance Contract, TERMINATED; LAWSUIT AUTHORIZED Project 8313, with Austin Maintenance, Inc., was approved, and Council authorized the City Attorney to file a lawsuit against the contractor and surety, if necessary, on Councilman Ortiz' motion, seconded by Councilman Brandt, carried 6:0 unanimously. The motion included authorization to rebid the program with the balance of funds ($24,543), as recommended in the report prepared by Garry E. Ott, Park-Tree Superintendent, dated September 25, 1978. The report outlined major deficiencies in the performance of the contractor under the terms of the contract. CA 89; CA 139 PROPOSED RENAMING OF ZOO Consideration of the & ZOO STATUS REPORT renaming of Prentice Park CONTINUED TO OCTOBER 16 Zoo, proposed by the Zoo Master Plan Task Force, and the Zoo Development Status Report prepared by Robert E. Gresham, Director of Recreation and Parks, dated August 18, 1978, which was continued by Council on August 21, 1978, was continued to October 16, 1978 on the unanimously carried 6:0 motion of Councilman Ortiz, seconded by Councilman Brandt. CA 52.3 MONTHLY EMPLOYEE VACANCY LIST Council received and filed RECEIVED & FILED the report of current vacancies in full time positions for the month of September, 1978, on the unanimously carried 6:0 motion of Councilman Ortiz, seconded by Councilman Brandt. CA 50 CITY COUNCIL MINUTES 411 OCTOBER 2, 1978 RECESS At 2:38 the Mayor declared a brief recess; at 2:45 P.M. the meeting reconvened with the same Councilmen present. AGENDA ORDER - ITEM 76 Council informally agreed APPEAL 395 - VA ?8-40 to grant the request of 3117-3125 W. 5TH STREET Dean Evans, representing the Appellant in Appeal No. 395, for a continuance to October 16, 1978; but the Mayor stated that the motion would not be in order until ?:30 P.M., the time scheduled for public hearing. (Appeal No. 395 of the approval of Variance Application No. ?8-40 to expand and reconstruct an existing vehicle dismantling yard at 3117-3125 West Fifth Street in the C2 and R2 Districts) SANTIAGO PARK DEVELOPMENT A report dated Septem- STATUS REPORT bet 25, 1978, prepared by PLAN APPROVED Director of Recreation and Parks Robert E. Gresham, entitled "Santiago Park Development - Status Report", described the use of available funding sources and proposed scheduling for upgrading and development of Santiago Park, and included a letter dated September 21, 1978, from Frederick M. Lang, Lang & Wood, Landscape Architectural consultants, which summarized the recom- mendations of the citizens committee as well as those of-the con- sultant. On the unanimously carried 6:0 motion of Councilman Bricken, seconded by Councilman Ward, Council approved the Santiago Park conceptual development plan and authorized utilization of available funds for physical improvements of the Park. CA 52 RELOCATION OF BUS TRANSFER POINT On the unanimously SIXTH & FLOWER carried 6:0 motion of LETTER FROM MAYOR AUTHORIZED Councilman Brandt, seconded by Councilman Ward, Council authorized a letter to be directed to the Orange County Transit District Board of Directors requesting relocation of the existing Sixth and Flower bus transfer station to a more suitable location. The action was recommended in a report pre- pared by Joe E. Foust, Transportation and Traffic Engineer, entitled "Relocation of Sixth and Flower Bus Transfer Point", dated September 26, 1978, which listed six basic arguments in support of moving the transfer point to a more convenient location in the Civic Center area. CA 84 REQUEST FOR PROPOSAL Consideration of the HUMAN SERVICE NEEDS PROJECT recommendation contained CONTINUED TO OCT. 16 in the report dated Septem- ber 25, 1978 from Community Relations Director Peter A. Grams, to authorize solicitation of Request for Proposals from qualified firms for Human Service Needs Assessment Project, was continued to October 16, 1978, on the motion of Councilman Brandt, seconded by Councilman Ward, carried 5:1, with Councilman Ortiz dissenting. The report included "Proposal Guidelines in Developing a Human Resources Need Assess- ment and Human Resources Plan for the City of Santa Ana", which was developed by the Human Relations Commission, and stated that the project had been formulated in conjunction with the proposed Social Element of the General Plan. A prior motion by Councilman Ward, seconded by Councilman Yama- moro to approve the request to solicit for Requests for Proposal, failed to carry on a 3:3 vote, with Councilmen Brandt and Ortiz and Mayor Evans dissenting. CA 78.31 CITY COUNCIL MINUTES 412 OCTOBER 2, 1978 HIRING FREEZE EXEMPTION REQUEST The request from Director PUBLIC WORKS ~ DENIED of Public Works John E. MAINTENANCE SERVI-~- GRANTED Stevens dated September 22, 1978, for a hiring freeze exemption to hire one Draftsman in the Engineering Division, was denied on the motion of Councilman Yamamoto, seconded by Councilman Ward, carried 5:1, with Councilman Brandt dissenting. The request for hiring freeze exemption submitted by Warren H. Clark, Equipment Maintenance Superintendent, and authorization to hire one Equipment Mechanic II in the Maintenance Service Department, was granted on the motion of Councilman Bricken, seconded by Councilman Brandt, carried 5:1, with Councilman Yamamoto dissenting. A prior motion to deny the request, made by Councilman Yamamoto, did not receive a second. CA 50 AIR QUALITY MANAGEMENT PLAN Following review and STAFF DIRECTED TO SUBMIT COMMENT discussion of the report dated September 28, 1978, prepared by Director of Public Works John E. Stevens, in response to the request for comments on the draft Air Quality Management Plan and Control Strategies made at the September 18, 1978 Council meeting, on the motion of Councilman Brandt, seconded by Councilman Ward, carried 6:0 unanimously, Staff was directed to submit the following comment: The City Council of the City of Santa Ana supports reasonable methods to reach the desired goal of clean air and feels some of the proposed strategies are reasonable, but it is the Council's opinion that the only real solution lies in advances technology and construction methods, and that is the direction the Council recommends to reach its goal of clean air. Mr. Stevens' report states that the preliminary analysis indicates that local government actions to control air pollutants generally are ineffective, costly and disruptive fiscally and socially; that it was found that a very large percentage of the 129 suggested strategies contributed only slightly to the total amount of emis- sions reduction that is required under air quality laws, and that the others had extremely low cost effectiveness ratios considering the dollar amount to be expended per ton of pollutant reduction. Mr. Stevens' report further recommends 21 of the proposed strate- gies as most cost effective and least disruptive to the business and social communities. Councilman Brandt complimented Staff on its analysis and recommenda- tions completed on very short notice. He opposed the plan because of its unrealistic objectives. Councilman Bricken described the plan as a vehicle to control land use, freedom of movement and the individual's transportation selection process. Councilman Ortiz and Mayor Evans also opposed the plan. Councilman Ward's prior motion, to approve the 21 strategies recom- mended by Staff for submission to Southern California Association of Governments (SCAG) and to the South Coast Air Quality Manage- ment District as the City's comment to the draft Air Quality Management Plan and Control Strategies, was seconded by Councilman Yamamoto, but failed to carry on a 2:4 vote, with Councilmen Ortiz, Bricken, Brandt and Mayor Evans dissenting. CA 145.6 CITY COUNCIL MINUTES 413 OCTOBER 2, 1978 FEES - BUILDING PERMIT CHECKS Council voted 4:2, with RETAINED Councilman Brandt and ~ NO. 28-78 - DELETED Mayor Evans dissenting, to retain the $15.00 service charge provided for in Resolution No. 78-58 (Miscellaneous Fees for Sales and Services); and to delete Item No. 28-78 from the Council Referral Summary; on the motion of Councilman Bricken seconded by Councilman Ward, in accordance with the recommendation contained in a report prepared by Gale Grant, Acting Director of Building Safety, dated September 28, 1978, requested by Council on September 5, 1978. The report concluded that elimination of the fee would result in a loss of anticipated revenue to the City in the amount of $12,750 for the current fiscal year. CA 87 CA 65 MANAGER & CLERK RECRUITMENT A transfer of funds in APPROPRIATION ADJUSTMENT #32 the amount of $2,115.00 APPROVED from the Council Contin- gency Reserve to Personnel-Advertising account, Appropriation Adjustment #32, to cover advertising expenses for the positions of City Manager and Clerk of the Council, was approved by a unanimous 6:0 vote, on Councilman Ward's motion, seconded by Councilman Brandt. The transfer was requested by the Director of Personnel, Donald E. Bott, in a report dated September 21, 1978 because the Person- nel Advertising account was not budgeted to provide for the City Manager and Clerk of the Council recruitment. CA 65.3 CENTENNIAL REGIONAL PARK Appropriation Adjustment APPROPRIATION ADJUSTMENT #34 No. 34, transferring APPROVED $21,945 from Estimated Revenue, Account No. 305-511 A & D Southwest, to Account No. 305-232-631 A & D Southwest - Improvements, and payment of $12,773.35 to the County pursuant to Clause 4 of the Centennial Regional Park agreement approved on January 14, 1976, were approved on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 6S~3 BIANNUAL BOARD & COMMISSION On the unanimously carried ATTENDANCE REPORTS 6:0 motion of Councilman RECEIVED & FILED Brandt, seconded by Council- man Ward, the Attendance Reports of the City's Boards, Commissions and Committees were received and filed. On the suggestion of Councilman Yamamoto with the informal unanimous consent of the Council members present, the Acting Clerk of the Council was requested to write a letter to Clarence Jackson, member of the Personnel Board, to ascertain whether he is interested in continuing to serve on the Board. CA 80.9 ORAL COMMUNICATION ASSISTANT CITY ENGINEER ROBERT EICHBLATT Eichblatt. Director of Public Works John Stevens introduced the new Assistant City Engineer Robert CA 99 ORAL COMMUNICATION Donna Minick and David CULTURAL HERITAGE COMMITTEE Fraunfelder were appointed MINICK & FRAUNFELDER APPOINTED to the Cultural Heritage Evaluation Committee, as recommended by Chairman James Sleeper and requested by Committee member Mrs. Weston Walker, on the unanimously approved 6:0 motion of Councilman Yamamoto, seconded by Councilman Bricken. CA 80.9 CITY COUNCIL MINUTES 414 OCTOBER 2, 1978 ORAL COMMUNICATION CITY SERVICES COMMITTEE APPOINTED on the motion of Councilman Brandt, carried 6:0 unanimously: The following citizens were appointed to the Citizens Task Force Committee - City Services seconded by Councilman Ward, Appointee Recommended by Melvin Jones Mayor Evans E. J. Berger " " John Casteix Skip Stephenson Councilman Ward George Mclntyre Councilman Brandt P. Lee Johnson " " Doy Henley Councilman Garthe William L. Boynton Terrence G. Oxenham Councilman Yamamoto The initial proposal for a City Services Task Force Committee was submitted at the Budget Study meeting held on July 1, 1978, by Michael McNulty, 123 Fourteenth Street, Huntington Beach; and the proposal was referred to Staff for evaluation. The report dated July 26, 1978 prepared by then City Manager Bruce C. Spragg, recommended an ad hoc committee appointed by and responsible directly to the elected representatives to assist the City Coun- cil in a study of municipal operations to define and specify essential City services. Each Councilman was requested by Mayor Evans to submit recommenda- tions of two members for appointment to the Committee, and Coun- cilman Bricken was appointed to Chair the Committee prior to the selection of a citizen Chairman. CA 65.10 RECESS EXECUTIVE SESSION & DINNER RECESS matters. At 3:55 P.M. recessed for dinner at At 3:25 P.M. Council recessed to an Executive Session to discuss pending litigation and personnel the meeting was reconvened and immediately Kono Hawaii restaurant. The evening meeting was called to order at 7:00 P.M. by Vice Mayor Ward with five members present. Mayor Evans and Council- man Garthe were absent. INVOCATION PLEDGE OF ALLEGIANCE Santa Ana Rescue Mission. Following the Pledge of Allegiance to the Flag, the Invocation was given by Pastor Lewis Whitehead, CA 80.17 SPECIAL PRESENTATIONS & Councilman Bricken presented OATHS OF OFFICE a City Seal Tile Plaque to Steven Knoblock, former member of the Emergency Medical Services Sub-Committee, in appreciation for his service to the City. Mr. Knoblock thanked the Council for its sound judgment in approving all of the Committee's recommendations. Other former members of the Sub-Committee, Betty Jo Elliott and Dr. Raymond Casciari, were not present to receive their Plaques. CA 80.9 CITY COUNCIL MINUTES 415 OCTOBER 2, 1978 Acting Clerk of the Council Patricia E. Rice administered the Oath of Office to the following new appointees: Ellen Schulthess, Board of Recreation and Parks; Dale McKenzie and Jack Roland, Project Area Committee; Velma Bettis and Phyllis J. Raugi, Human Relations/Housing Advisory Commissions. Council members welcomed the appointees and thanked them for their willingness to serve the City. CA 80.9 Lydia Olmedo Fuentes, 182 S. Pepper, Orange, presented a plaque depicting the official emblem of the City of Santa Ana, E1 Salva- dor, C.A. from the Mayor of the City's sister city, David Ernesto Salgado Mathies, who requested that Mrs. Fuentes make the presenta- tion when she returned from a recent trip to his city. The plaque was accepted with thanks on behalf of the City by Councilman Ortiz. CA 73A PUBLIC HEARING - APPEAL #394 Vice Mayor Ward opened the VA 78-41 938 N. GRAND public hearing of Appeal CONTINUED TO OCTOBER 16 No. 394 of the Planning Commission denial of Variance Application No. 78-41 and its related Negative Declara- tion filed to allow outdoor display and storage of camper tops for sale in the C$ District at 938 North Grand Avenue. Planning Director Charles Zimmerman summarized the information and recommendation to deny the requested variance contained in the Planning Commission Finding of Fact dated August 28, 1978. He stated that the property, in an arterial commercial district, is strategically located at the entrance to the central City core, and that the proposed use would have an adverse aesthetic impact in that location, and could establish an undesirable precedent. In response to a question from Councilman Yamamoto, he stated that preferable uses in the C S District would be administrative and professional offices, retail trade services, governmental offices, restaurants and cafes; that the proposed use is expressly prohibited. Fred Pratt, Coldwell Banker, the Applicant, stated that he believed the Staff report to be somewhat biased and that some of the informa- tion on which the Planning Commission based its decision was incorrect. He said that the main reason for the Appeal is that because of the unusual location the size and shape of the parcel precludes some of the permitted uses; that the proposed use is not inconsistent with other uses in the area; that service station use is permitted, and the proposed use is similar; that it is a very good location, with freeway orientation, for the proposed use; and that the Applicant would agree to storage racks limited to four feet in height within 20 feet of the public right of way. Larry Campeau, Herbert Court, the Variance. Costa Mesa, Owner; and Ralph Miser, 8811 S. E. Chaekamas, Oregon, Lessee; also spoke in favor of There were no other proponents and no opponents; the Acting Clerk of the Council reported there were no new written communications; and the Vice Mayor closed the Public Hearing. The general consensus of Council during discussion was that the property is presently an eyesore. Councilmen Ortiz and Yamamoto expressed the opinion that the proposed use would be an improve- ment, and could be made to look attractive; Vice Mayor Ward stated that this application provides a unique opportunity for Council to enforce high standards for the area, and gives the City a review process. Councilman Ortiz' motion to approve and file the Negative Declara- tion, grant Appeal No. 394, approving Variance Application No, 78-41 and overruling the Planning Commission denial, was seconded by Councilman Yamamoto. An amendment to the original motion, CITY COUNCIL MINUTES 416 OCTOBER 2, 1978 by Councilman Yamamoto, seconded by Councilman Ortiz, to grant the Appeal subject to Council review in one year, carried 5:0 unanimously. The main motion failed to carry 3:2, with Councilman Bricken and Vice Mayor Ward dissenting. A motion to continue the matter to October 16, and to request Councilman Garthe and Mayor Evans to listen to the recorded tapes of the hearing, and review related documents prior to October 16, in order to vote on the matter, made by Councilman Yamamoto and seconded by Councilman Brandt, carried unanimously 5:0. CA 13.1 Councilman Bricken left the Council dais at 8:15 P.M. prior to consideration of the next Agenda item. PUBLIC HEARING - APPEAL NO. 395 The Vice Mayor opened the VA 78-40 3117-3125 W. 5TH STREET public hearing to consider CONTINUED TO OCTOBER 16 the Negative Declaration and Appeal No. 395 of the Planning Commission approval of Variance Application No. 78-40 to expand and reconstruct an existing vehicle dismantling yard at 3117-3125 West Fifth Street in the C 2 and R 2 Districts. On the unanimously carried 4:0 motion of Councilman Brandt, seconded by Councilman Yamamoto, the matter was continued to October 16, 1978. Prior to the motion, Ruby Epps, 626 North Jackson, requested that the matter be heard at this time because the Santa Aha Neighborhood Organizations had circulated flyers at some expense, and interested persons were present to speak to the matter. CA 13.2 Councilman Bricken returned to the dais at 8:17 P.M. PUBLIC HEARING - A.A. NO. 805 The public hearing to 222-224 N. NEWHOPE STREET consider the Negative ORDINANCE NS-1457 FIRST READING Declaration and Amendment Application No. 805 to rezone property located at 222-224 North Newhope Street between First and Third Streets from the A 1 (General Agriculture) to the R 2 (Multiple Family Residence) District, was opened by Vice Mayor Ward. Planning Director Charles Zimmerman identified the property, summarized the information contained in the Planning Department report dated September 13, 1978, and stated that the Planning Commission unanimously recommended approval of Amendment Application No. 805. There were no proponents and no opponents; the Acting Clerk of the Council reported there were no written communications; and the Vice Mayor closed the public hearing. On the unanimously carried 5:0 motion of Councilman Yamamoto, seconded by Councilman Brandt, Council approved and filed the Negative Declaration and placed the following ordinance on first reading and authorized publication of title: ORDINANCE NO. NS-1457 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 805 TO REZONE PROPERTY LOCATED AT 222~224 NORTH NEWHOPE STREET, FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE R2 (MULTIPLE FAMILY RESIDENCE) DISTRICT AND AMENDING SECTIONAL MAP NO. 9-5~10. CA 10 CITY COUNCIL MINUTES 417 OCTOBER 2, 1978 PUBLIC HEARING - VACATION Vice Mayor Ward opened the ALLEY WEST OF EUCLID public hearing to consider RESOLUTION 78-130- ADOPTED the Negative Declaration and the proposed vacation of the east-west alley located west of Euclid Street and north of McFadden Avenue in the City of Santa Ana. Director of Public Works John Stevens described the location of the alley and summarized the information contained in Planning Department report dated August 29, 1978, stating that there is no access to the unimproved alley from the north and that westerly development precludes future extension. The report stated that the Planning Commission was unanimously in favor of approval of the vacation. There were no proponents and no opponents; the Acting Clerk of the Council reported there were no written communications; and the Vice Mayor closed the public hearing. On the unanimously carried 5:0 motion of Councilman Yamamoto, seconded by Councilman Bricken, Council adopted the following resolution: RESOLUTION NO. 78-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING AN EAST-WEST ALLEY LOCATED WEST OF EUCLID STREET AND NORTH OF MC FADDEN AVENUE IN THE CITY OF SANTA ANA. CA 14 PUBLIC HEARING - CITIZEN PARTICIPATION - CD BLOCK GRANT PLAN - APPROVED Development Block Grant Program for Year Application. The Vice Mayor opened the public hearing to consider a Citizen Participation Plan for the Housing and Community Fiscal Year 1978-79, Fifth Director of Community Relations Peter Grams summarized the informa- tion and recommendations contained in his report dated September 26, 1978, and distributed copies of the City informational brochure proposed for wide general distribution in the City, containing a schedule for Community-Wide Workshops and Public Hearings. Mr. Grams stated that the Plan provides for community meetings (work- shops) on a regional basis; that citizens would be encouraged to respond to the meeting closest to their residences; that response from any part of the City to any other meeting would not be pro- hibited; that input from all community meetings would be assessed by an ad hoc committee beginning November 20, 1978, and a workable plan and program budget would be prepared for review during the subsequent public hearings January 9, February 5 and April 4, 1979; that participants who sign up at the preliminary community workshops would be notified of all meetings and would be kept informed. Ruby Gonzales, Artesia-Pilar Neighborhood, Santa Ana Neighborhood Organizations (SANO) requested that the November 20 date for citizens' proposals be changed to December 15, and not be a dead- line for citizen input, but that comments be allowed throughout the entire program planning procedure; that the ad hoc committee be made up of regional representatives from interested organiza- tions; and that the procedure include joint review of the proposed budget by City Boards and Commissions and the ad hoc committee in early January. Samuel Romero, 2034 S. Spruce Street, stated that the Logan neigh- borhood wants to be involved. There being no other speakers, and no written communications, the public hearing was closed by Vice Mayor Ward. CITY COUNCIL MINUTES 418 OCTOBER 2, 1978 On the unanimously carried S:0 motion of Councilman Bricken, seconded by Councilman Ortiz, Council approved the Citizen Participation Plan as outlined in Mr. Grams' report, and approved the selection of the Ad Hoc Committee for the Community Hearings, composed of two members selected by each of the'Planning, Redevel- opment and Human Relations Commissions, and the Board of Recrea- tion and Parks, with the understanding that SANO or other groups wanting to participate be accorded all courtesies and every opportunity to work with the Committee and to continue partici- pation throughout the development of the Community Development Block Grant Program. CA 140.20 ORIENTAL COCKROACH INFESTATION On the motion of Council- STAFF DIRECTED TO man Bricken, seconded by ORGANIZE A PROGRAM Councilman Ortiz, carried S:0 unanimously Staff was instructed to organize a program involving the Santa Ana Neighbor- hood Organizations residents, the Orange County Vector Control District and the City, to appoint a coordinator, and to report to Council at the October 16, 1978 meeting to request any neces- sary City funding. Councilman Bricken, referring to his letter dated September 27, 1978 to Mrs. Enedina Clements, 516 South Birch Street, regarding infestation of oriental cockroaches, and the letter dated Septem- ber 11, 1978 to the Director of Public Works from Terminix Inter- national, Inc., Anaheim, suggested a coordinated program with City participation, to treat the problem. He stated that the Vector Control District had verbally assured him that it would accept liability for the chemical treatment process, subject to District Board of Trustees approval. He also estimated the cost of the chemicals as nominal. The program suggested by Councilman Bricken was: 1) City would replace damaged water meter boxes on an accelerated program; 2) City would supply sand and refill boxes with sand; 3) Vector Control would be requested to make insecticide spray available and assume liability for its use; 4) Neighborhood organizations would disseminate information about the sand and the spray, and conduct seminars as suggested by Terminix. Isabel Moore, 522 South Baker spoke in favor of Councilman Brick- en's proposal. Vice Mayor Ward suggested a block by block process designed to do the necessary steps in the correct order to solve the problem. CA 54 ORAL COMMUNICATION Jose Vargas, Santa Ana SURPLUS FIRE UNIT REQUEST Police Department, intro- TECATE, MEXICO - REFERRED TO STAFF duced Tomas Franco Gomez, Fire Chief of Tecate, Mexico, who requested donation of a surplus fire unit to his City. Sr. Franco stated that Tecate, with a population of 40,000, has no firefighting equipment. The request was referred to Staff on the unanimously carried 5:0 motion of Councilman Brandt, seconded by Councilman Ortiz. CA 45 USE OF PARKING STRUCTURE Jack McCarley, General FASHION SQUARE Manager of Bullocks, Fashion STAFF AUTHORIZED Square, requested use of the recently completed Fashion Square parking structure by Campus Life (highschool cam- pus organization) for a "Haunted House". Mr. McCarley stated that the Haunted House event has been sponsored by this group in other shopping centers for the past eight years; that last CITY COUNCIL MINUTES 419 OCTOBER 2, 1978 year the event was held in The City center, Orange, and netted $52,000; that the group has approached merchants in Fashion Square regarding the possibility of use of the parking structure from October 20 through 31 from 7 P.M. to 10 P.M.; that they carry sufficiant liability insurance; that as many as 50,000 people could be expected to attend, which would be good for Fashion Square business. He requested that Council instruct Staff to look into the possibility. Director of Public Works John Stevens and Redevelopment Director Richard Goblirsch stated that it may be possible to arrange with the contractor for use of the facility. Councilman Brandt's motion~ to approve the Campus Life Haunted House event to be held at Fashion Square parking structure as requested, conditioned on verfication of adequate insurance and the feasibility of use of the structure, was seconded by Council- man Bricken, and carried unanimously 5:0. CA 45.1 ORAL COMMUNICATION On the recommendation CHARETTE VS CITY of Acting City Manager/ SETTLEMENT AUTHORIZED City Attorney Keith Gow, Council authorized settlement of the case, Donald and Pamela Charette vs the City of Santa Ana, in the amount of $9,000, on the unanimously carried 5:0 motion of Councilman Bricken, seconded by Councilman Ortiz. CA 139 ORAL COMMUNICATION PUBLIC NUISANCE - 1565 W. 17TH RESOLUTION 78-131 - ADOPTED seconded by Councilman Bricken: The following resolution was adopted by a unanimous 5:0 vote, on the motion of Councilman Yamamoto, RESOLUTION NO. 78-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DETERMINING THAT THE REAL PROPERTY AND ACTIVITY KNOWN AS THE MITCHELL BROTHERS' SANTA ANA THEATER, LOCATED AT 1565 WEST 17TH STREET, SANTA ANA CALIFORNIA, IS IN VIOLATION OF ORDINANCE NS-1325 OF THE CITY OF SANTA ANA; DECLARING SUCH ACTIVITY TO BE A PUBLIC NUISANCE, REVOKING AND ORDERING THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO COMPLY WITH SECTION 12-1D5 OF THE SANTA ANA MUNICIPAL CODE. CA 149 ORAL COMMUNICATION Assistant City Attorney JAYCEES FROLIC PARADE Edward Cooper stated that NO ACTION the Santa Ana Junior Chamber of Commerce had requested the City to enter into an agreement to help defray ex- penses of the Annual Frolic Parade, in the amount of $2,500 (included in the 1978-79 City Budget), as has been done in past years. A motion by Councilman Bricken to approve a 1978 agree- ment with the same terms as the 1977 contract, was seconded by Councilman Brandt, and failed to carry on a 3:2 vote, with Councilmen Yamamoto and Ortiz dissenting. A subsequent motion by Councilman Brandt to continue the matter was seconded by Councilman Bricken and failed to carry 3:2, with Councilmen Yamamoto and Bricken dissenting. CA 9.1 EMPLOYEE NEGOTIATIONS City Attorney/ Acting City MEMORANDA OF UNDERSTANDING Manager Keith Gow reported that with the exception of a few details yet to be worked out with the Santa Ana City Employees Association, the memoranda of understanding will be prepared for the Council meet- ing of October 16, 1978. CA 50 CITY COUNCIL MINUTES 420 OCTOBER 2, 1978 RECESS At 9:37 P.M. the Council EXECUTIVE SESSION recessed to an Executive ADJOURNMENT Session to consider Personnel matters; at 9:45 P.M. the meeting was reconvened with the same members present, and immediately adjourned by unanimous informal consent. Acting Clerk of the Council CITY COUNCIL MINUTES 421 OCTOBER 2, 1978