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HomeMy WebLinkAbout10-16-1978 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 16, 1978 The meeting was called to order at 2:00 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans. Coun- cil members present were: Gordon Bricken, Harry Yamamoto, John Garthe, David Brandt, James Ward, and Mayor Evans. Councilman David Ortiz arrived at 7:30 P.M. The following members of Staff were present: City Attorney/Acting City Manager Keith L. Gow, Assistant City Manager Daniel E. Stone, Director of Public Works John E. Stevens, Planning Director Charles C. Zimmerman, Com- munity Redevelopment Director Richard Goblirsch, Deputy City Manager Manuel Rede, 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 Brandt. CONSENT CALENDAR Councilman Bricken request- ITEMS REMOVED ed that Items 12F and 12H be removed from the Consent Calendar; Councilman Yamamoto requested that Items 5C, 12A, 12D and 12G be removed, and Council- man Ward requested the removal of Item 4. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED recommendations on the following On motion of Councilman Garthe, seconded by Council- man Ward, and carried 6:0, Council approved the Staff Consent Calendar Items: MINUTES of October 10, 1978. Approved the minutes of the Regular Meeting of October 2, 1978, and of the Special Meeting MINUTES CORRECTION SEPTEMBER 5, 1978 Approved the following correction to the minutes of the Regular Meeting of September 5, 1978: Page 376, 3rd paragraph, lines 1, 2, 3 corrected to read "Leisure Services Manager William Palethorpe stated that the points in question are to revise the agreement approved by Council May 15, 1978, for motorcycle speedway racing, to change the provisions for resurfacing the track and to extend the agreement past the expiration date of September 16, 1978; that the end of the term of the " BID CALLS Approved plans and specifications, and authorized advertisement for bids on the following: SPEC 78-020 - Thirteen patrol sedans (replacements) for Police Department. SPEC 78-027 - Two two-tone sequential encoders and eleven base station radios for the Fire Department. CITY COUNCIL MINUTES 425 OCTOBER 16, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PROJECT 2063 - Reconstruct parking lot in Santiago Creek at Valencia Street. BID AWARDS Award the following on basis of lowest responsible and responsive bidder: SPEC 78-023 - 1,066 smoke detectors for distribution at no cost to senior citizens of Santa Ana, 60 years and over, whose yearly income is less than $10,000; awarded to Firex Corporation, Downers Grove, Illinois, in the amount of $9,999.08. Rejected the sole bid on the following because it is 50% over Engineer's estimate, and authorized revised plans and specifications and re-bid: PROJECT 7074 - Reconstruct central parking lot at Bowers Museum. CA 89 VARIANCES Findings of Fact Approved and filed the Negative Declaration, Notice of Exemp- tion, and Planning Commission on the following: NEGATIVE DECLARATION AND VA 77-70 - Filed by Santiago Investors to construct one fourplex and three duplexes on a 30,788 square foot parcel at 510 512 South Newhope in the R2 District. APPROVED. NOTICE OF EXEMPTION AND VA 78-48 - Filed by Edward and Beverly J. Myers to allow the conversion of a 32-unit apartment complex to condominiums at 4120 West Fifth in the A1 District. APPROVED. CA 13 TENTATIVE PARCEL Approved and filed the Neg- & TRACT MAPS ative Declarations, approved subject to conditions con- tained in Planning Director's report, and waived alley requirements on the following: NEGATIVE DECLARATION AND PARCEL MAP 1086 Filed on September 21, 1978 by Dyer Road Investments, creating two Mi and two Ri parcels; all proposed parcels are to be used for industrial purposes; generally located on the northeast corner of Warner Ave. and Standard Avenue. CA 25 NEGATIVE DECLARATION AND TRACT MAP 10558 Filed on September 1, 1978 by Ben Munoz, et. al. and Mineo G. Shinto, creating twelve R2 lots; all proposed lots to be used for residential purposes; generally located on the north side of McFadden Avenue, 908' west of Newhope Street. CA 24 FINAL PARCEL & TRACT MAPS Approved the final maps and accepted the dedications thereon on the following: PARCEL MAP 1058-A - Southwest corner of Garry Avenue and Croddy Way; 11 lots. PARCEL MAP 1063 - Southwest corner of 17th Street and Grand Avenue; 5 lots. CA 25.2 CITY COUNCIL MINUTES 426 OCTOBER 16, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continues TRACT MAP 10264 - North side of MacArthur Boulevard, east of Bristol Street; 1 lot. TRACT MAP 10329 - East side of Broadway, south of Buffalo Avenue; 1 lot. CA 24 COMPLETION OF IMPROVEMENTS Authorized release of perfor- mance, monument, labor and material bonds on the following: TRACT NO. 9631 - South of Edna Drive, east of Fairview. CA 24 AGREEMENTS Clerk: Approved the following agree- ments, and authorized their execution by the Mayor and DEDICATION OF STREET EASEMENT IN EXCHANGE FOR STREET IMPROVEMENTS - Between City and Santa Fe Land Improve- ment Company for the dedication of an easement for the ultimate street right-of-way along their frontage on Grand Avenue in exchange for street improvements. A-78-115 FEDERAL SAFETY IMPROVEMENTS PROJECTS SUPPLEMENT NO. 7 - Between City and State of California to add City pro- jects 2050, 2051, 2052 and 2053 (Construction of por- tions of Euclid St., Grand Avenue and Dyer Road to Eliminate Hazardous situations) to the program to receive 90% Federal Funding. (Appropriation Adjust- ment allocates State funds to meet local match.)' A-78-116 CONSULTANT ENGINEERING SERVICES FOR LOCAL STREET IMPROVEMENTS - Between City and Toups Corporation to inventory and determine project locations and identify the type of reconstruction required in the Community Development planning area to be funded by Fourth Year Funds. A-78-118 LIABILITY CLAIMS COUNCIL REFERRAL SUMMARY Referred to Administration Claims received from Septem- ber 26 through October 9, 1978. CA 65.7B Received and filed status report of matters referred to Staff by Council. CA 80.2 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * ABC APPLICATION On motion of Councilman RECEIVED & FILED Bricken, seconded by ~ITH PROTEST Councilman Ward, and carried 5:1 with Council- man Brandt dissenting, the following Alcoholic Beverage License Application was received and filed with protest: COLE, Leon R. - 2610 South Harbor Original Type "41" on-sale beer and wine (bona fide public eating place). (Agenda Item 4) CA 146.1 CITY COUNCIL MINUTES 427 OCTOBER 16, 1978 MINOR EXCEPTION 78-19 On motion of Councilman 1007-C S. BRISTOL Yamamoto, seconded by PUBLIC HEARING SET Councilman Bricken, and carried 4:2 with Coun- cilman Brandt and Mayor Evans dissenting, the following was set for Public Hearing on November 6, '1978: NOTICE OF EXEMPTION AND EX 78-19 - Filed by Lucio and Emilia Quantero to allow on-sale beer and wine in an existing restaurant at 1007-C South Bristol in the C1 District. (Agenda Item $C) CA 13.2 AGREEMENT - YOUTH CONSERVATION PROJECT APPROVED following agreement was approved, Mayor and Clerk was authorized: On motion of Councilman Ward, seconded by Coun- cilman Garthe, carried 6:0 unanimously, the and its execution by the YOUTH COMMUNITY CONSERVATION AND IMPROVEMENT PROJECT - Between City and Orange County Manpower Commission to operate the program in the contract amount of $119,572 from October 1, 1978 to September 30, 1979. (Agenda Item 12A) A-78-114 AGREEMENT - LOAN PROCESSING CONSULTANT SERVICES APPROVED following agreement was approved, and Clerk was authorized: On the unanimously 6:0 motion of Councilman Ward, seconded by Coun- cilman Brandt, the and its execution by the Mayor CONSULTANT SERVICES FOR PROCESSING SECTION 312 PROPERTY REHABILITATION LOAN PROGRAM - Between City and Housing Re-Hab Services to provide consultant services on an "as needed" basis for a six month period at a cost not to exceed $1,00S per loan. (Agenda Item 12D) A-?8-117 AGREEMENT On motion of Councilman ARCHITECTURAL SERVICES Ward, seconded by Mayor CONTINUED TO NOVEMBER 6 Evans, consideration of the following agreement was continued to the meeting of November 6, 1978; the motion carried 6:0. ARCHITECTURAL SERVICES REVISION - Between City and James K. Robinson for architectural services related to alterations and renovations in the Police Facility Building. (Agenda Item 12F) A-78-121 AGREEMENT Councilman Ward's motion FAIR HOUSING COUNCIL to approve the following CONTINUED agreement, and authorize its execution by the Mayor and Clerk, did not receive a second. On motion of Councilman Ward, seconded by Councilman Brandt, and carried 4:2 with Coun- cilman Yamamoto and Mayor Evans dissenting, consideration of the agreement was continued to November 6, 1978: FAIR HOUSING COUNCIL - Between City and Orange County Fair Housing Council for counseling and other services related to housing of low-income persons and families in the City, from September 1, 1978 until August 31, 1979, for the sum of $15,000.00. (Agenda Item 12G) A-78-122 CITY COUNCIL MINUTES 428 OCTOBER 16, 1978 AGREEMENT On motion of Councilman ANNUAL FROLIC PARADE Bricken, seconded by EXECUTION AUTHORIZED Councilman Garthe, and carried 5:1 with Coun- cilman Yamamoto dissenting, the following agreement was approved, and its execution by the Mayor~and Clerk was authorized: ANNUAL FROLIC PARADE - Between City and Junior Chamber of Commerce to provide funding in the amount of $2,500 to assist in the production of the Parade. (Agenda Item 12H) A-78-119 Tom Scott, Chairman of the 1978 Junior Chamber of Commerce 32nd Annual Frolic Parade, distributed diagrams of the proposed parade route to Council, beginning at the Stadium parking lot, proceeding east on Civic Center Drive to Broadway, east on Fifteenth Street, south on Main, and west on Santa Ana Boulevard back to the parking lot. He stated that this year's parade is scheduled for December 2 between 1:00 and 5:00 P.M.; that the Jaycees hope to raise money for the 1979 parade from local businessmen; and that they are attempting to develop a 1979 parade route beginning in the Civic Center and ending at Fashion Square. RECESS At 2:25 P.M. Council REDEVELOPMENT AGENCY recessed to convene the Regular Meeting of the Community Redevelopment Agency; at 3:45 P.M. the Council Meeting reconvened with the same Council members present. AGENDA ORDER FRIENDS OF CHILDREN'S ZOO APPROVED P.M., was considered at this time. Item 64 on the Agenda, Proposed Agreement with Friends of the Children's Zoo, scheduled for 3:00 On the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe, Council approved the following agreement and authorized its execution by Mayor and Clerk: PRENTICE PARK CHILDREN'S ZOO - Between City and Friends of the Children's Zoo, to facilitate fund raising by the Friends and to provide for cooperative use of the funds for improve- ments and programs for the Zoo. A-78-120 Acting City Manager Keith Gow summarized the background informa- tion contained in his report dated October 11, 1978, and stated that the Board of Recreation and Parks had approved the amended agreement; that the agreement gives the Friends of the Children's Zoo the opportunity to proceed with their program to raise money for the improvement of the operation of the Zoo; and it provides the City Manager an opportunity to take a personal interest in coordinating the efforts of the Friends of the Children's Zoo with the City's program of Zoo development. Councilman Bricken expressed Council's gratitude to the Friends of the Children's Zoo for their willingness to serve the City. CA 52.3 CITY COUNCIL MINUTES 429 OCTOBER 16, 1978 ORDINANCE NS-1451 On motion of Councilman REGULATING SKATEBOARDS Yamamoto, seconded by SECOND READING; ADOPTED Councilman Brandt, and carried 4:2, with iCoun- cilmen Ward and Bricken dissenting, the following ordinance was placed on second reading and adopted, including Councilman Ward's suggested change in Section 36-41, Item 3, to insert "any motor vehicle" for clarification: ORDINANCE NO. NS-1451 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF REGULATING THE USE OF SKATEBOARDS IN THE CITY OF SANTA ANA. CA 18.10 ORDINANCE NS-1456 Councilman Ward's motion, VEHICLES & VESSELS seconded by Councilman SECOND READING; ADOPTED Brandt, to place the fol- lowing ordinance on second reading and adopt, carried unanimously 6:0: ORDINANCE NO. NS-1456 - AN ORDINANCE OF THE CITY OF SANTA - ANA A~ENDING 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 EVID- ENCE. (Renumbering of Ordinances relating to authority to issue citations and prima facie evidence.) CA 79 ORDINANCE NS-1457 - A.A. #805 On the unanimously carried 222-224 N. NEWHOPE 6:0 motion of Councilman SECOND READING; ADOPTED Yamamoto, seconded by Councilman Ward, the follow- ing ordinance was placed on second reading and adopted: 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 ORDINANCE NS-1458 MASSAGE ESTABLISHMENTS 1ST READING; PUBLISH TITLE publication of title, was seconded by carried 6:0 unanimously: The motion of Councilman Ward to place the follow- ing ordinance on first reading and authorize Councilman Yamamoto, and ORDINANCE NO. NS-1458 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 22-3, 22-8, 22-12, AND 22-13 OF THE SANTA ANA MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS. CA 91.5 RESOLUTION NO. 78-132 APPOINTING DEPUTIES ADOPTED the following resolution was adopted: On motion of Councilman Ward, seconded by Coun- cilman Garthe, and car- ried 6:0 unanimously, RESOLUTION NO. 78-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING DEPUTIES OF THE CITY ATTORNEY AND THE DIRECTOR OF PUBLIC WORKS AND EX OFFICIO CITY ENGINEER, AND REPEALING RESOLUTION NO. 77-52. CA 79 CITY COUNCIL MINUTES 430 OCTOBER 16, 1978 ORDINANCE NS-1459.1 VETERAN'S DAY HOLIDAY ADOPTED following emergency ordinance was On the unanimously car- ried 6:0 motion of Coun- cilman Garthe, seconded by Councilman Ward, the adopted: ORDINANCE NO. NS-1459.1 - AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 9-135 OF THE SANTA ANA MUNICIPAL CODE TO CHANGE THE DATE OF THE VETERAN'S DAY HOLIDAY FROM OCTOBER 23 TO NOVEMBER 11; AND STATING THE REASONS FOR ITS URGENCY. CA 5O ORDINANCE NS-1459 VETERAN'S DAY HOLIDAY 1ST READING; PUBLISH TITLE the following ordinance was placed on tion of the title was authorized: On the motion of Council- man Garthe, seconded by Councilman Ward, and carried 6:0 unanimously, first reading, and publica- ORDINANCE NO. NS-1459 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 9-135 OF THE SANTA ANA MUNICIPAL CODE TO CHANGE THE DATE OF THE VETERAN'S DAY HOLIDAY FROM OCTO- BER 23 TO NOVEMBER 11. CA 50 RESOLUTION NO. 78-133 OPPOSING STATE MANDATES ADOPTED resolution was adopted: On the unanimously carried 6:0 motion of Councilman Ward, seconded by Council- man Garthe, the following RESOLUTION NO. 78-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING STATE OF CALIFORNIA MANDATES WITHOUT REIMBURSEMENT FOR COSTS THEREFOR. CA 113 REPORT - RAMP METERING Council received and filed GARDEN GROVE FREEWAY AT BRISTOL the report dated October 5, RECEIVED & FILED 1978, prepared by Traffic and Transportation Engineer Joe E. Foust on the unanimously carried 6:0 motion of Councilman Garthe, seconded by Councilman Ward. The report informed Council of the Transportation Advisory Committee's recommendation that the City accept the proposed metering of the Bristol Street on ramps to the Garden Grove Freeway by CALTRANS (California Depart- ment of Transportation) and outlined potential benefits to the City from the installation of the ramp meters. CA 29.10 REPORT - STREET TREES The interim report dated SOUTH MAIN STREET October 10, 1978, prepared RECEIVED & FILED by Director of Recreation and Parks Robert E. Gresham, discussing the objections raised by J. Ogden Markel at the September 5, 1978 Council meeting to street trees in commercial areas, was received and filed on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. The report stated that there is an interest on the part of the South Main Improvement Association in amending the present Ordinance NS-1143 to allow planting of street trees in commercial areas to be voluntary rather than mandatory, and that Staff will prepare a comprehensive analysis of the Code requirement for trees as it relates to the South Main Street commercial area for Coun- cil review. Mr. Markel, 1420 South Main Street, objected to the requirement for street trees because they tend to obstruct signs and impede pedestrian traffic. CA 52 CITY COUNCIL MINUTES 431 OCTOBER 16, 1978 MILE SQUARE REGIONAL PARK PHASE IV PROPOSED DEVELOPMENT LETTER OF SUPPORT FOR NATURALISTIC THEME Parks Robert E. Gresham, Council Following consideration and discussion of the report dated October 9, 1978, prepared by Direc- tor of Recreation and directed Staff to advise the County of Orange that Santa Ana encourages complementary development of Mile Square Regional Park, Phase IV, and re- quests that the County work with Fountain Valley and address their concerns to achieve a more passive, naturalistic theme, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Yamamoto. During Council discussion preceding the vote on the motion, Councilman Ward expressed the opinion that development of Mile Square Park should be more suburban and naturalistic. Councilman Yamamoto stated that the area residents he has talked to want a wooded, naturalistic park. In response to a question from Mayor Evans, Director of Public Works John Stevens stated that Transportation and Traffic Engineer Joe Foust has estimated that the park would generate no more than a SOO-vehicle-per-day traffic increase, easily accom- modated by the arterial streets surrounding the park. CA 112.16 BUILDING CODE WAIVER The request for waiver of NORTHEAST CORNER - EUCLID & EDINGER Building Code requirements APPROVED FOR ONE YEAR by Bein, Frost & Associates, in connection with Tentative Parcel Map #1061, filed by Lawrence M. Campeau, creating 4 C1 parcels (lot splits) at 5017-5111 West Edinger Avenue, was approved to expire September 18, 1979, subject to compliance with conditions specified by the Acting Director of Building Safety, Fire Chief and Director of Public Works, in the Request for Council Action dated October 9, 1978 prepared by Gale Grant, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Garthe. Prior to the motion, John Richards, representing Bein, Frost & Associates, 1401 Quail Street, Newport Beach, spoke in favor of the request and for an extension of the waiver to September 18, 1979, rather than for six months. CA 87 CA 25 GRANT APPLICATION On the unanimously carried AMTRAK STATION IMPROVEMENT 6:0 motion of Councilman MAYOR AUTHORIZED Brandt, seconded by Council- man Ward, Council authorized the Mayor to write to the State Legislature requesting additional consideration for the City's application for a $100,000 Amtrak Station Improvement Grant to upgrade existing passenger waiting facilities, under the provisions of Senate Bill 1879, as recom- mended by Traffic and Transportation Engineer Joe E. Foust in his report dated October 9, 1978. CA 84.6 REALLOCATION REQUEST Council authorized the CITY OF ORANGE C.D. FUNDS Mayor to clarify the MAYOR AUTHORIZED following points in the City's request for the reallocation of the City of Orange Community Development Block Grant Funds in a letter to the Department of Housing and Urban Development: 1) That Santa Ana's primary concern is that the reallocated funds remain within the County for housing related projects; CITY COUNCIL MINUTES 432 OCTOBER 16, 1978 That no matter where new housing is developed, Santa Ana and Stanton low and moderate income residents should have occupancy preference on at least a majority of the units; and That the City is not in favor of the proposal by the County of Orange, but is willing to support joint effort proposals by Orange County Consortium Cities. The foregoing action was taken, with one modification to the recommendations in the report dated October 9, 1978, prepared by Community Development Coordinator Alice McCullough, on the unanimously approved 6:0 motion of Councilman Ward, seconded by Councilman Yamamoto. CA 140.20 STATUS REPORT The status report dated ORANGE TOWERS PROJECT October 9, 1978 from the RECEIVED & FILED Planning Department, entitled "Orange Towers Project, City of Orange" was received and filed on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Garthe. The report stated that although building permits had been issued there has been no construction activity on the project. CA 78.11 DISSOLUTION OF Council approved the NEWPORT DRAINAGE DISTRICT dissolution of Newport APPROVED Drainage District, and the performance of any necessary steps~ by LAFCO (Local Agency Formation Commission) and the County Board of Supervisors to conclude and dissolve said District, as recommended in the report prepared by Director of Public Works John E. Stevens, dated October 10, 1978, on the unanimously carried 6:0 motion of Councilman Garthe, seconded by Councilman Brandt. CA 70 AGENDA ORDER Consideration of the HUMAN SERVICES report dated September 25, NEEDS ASSESSMENT PROJECT prepared by Community Relations Director Peter A. Grams, recommending Solicitation of Request for Proposals from Qualified Firms for Human Service Needs Assessment Project, (Item 63 on the Agenda) was postponed to the evening meeting, to enable Councilman Ortiz to participate, by unanimous informal consent of the Council. AGENDA ORDER FRIENDS OF CHILDREN'S ZOO AGREEMENT The Friends of the Zoo agreement (Item 64 on the Agenda) was considered earlier in the meeting. ZOO D~VELOPMENT & RENAMING The brief status reports STATUS RgPORTS dated October 12, 1978, RECEIVED & FILED prepared by Acting City Manager/City Attorney Keith L. Gow, regarding Zoo Development and Proposed Renaming of the Zoo, were received and filed by two unanimously carried 6:0 motions made by Councilman Ward, seconded by Councilman Brandt. Mr. Gow recommended deferring any proposed renaming of the Zoo until the course of its development is determined. CA 52.3 CITY COUNCIL MINUTES 433 OCTOBER 16, 1978 HIRING FREEZE EXEMPTION REQUESTS APPROVED fill the positions authorized: The following requests for exemptions from the hiring freeze were granted, and immediate hiring to Library - Two Library Pages, Adult Circulation Section; motion by Councilman Garthe, seconded by Councilman Brandt, carried 4:2, with Councilman Yamamoto and Mayor Evans dissenting. Public Works Department - Transportation and Traffic Engineer; motion by Councilman Brandt, seconded by Councilman Ward, carried 4:2, with Councilman Yamamoto and Mayor Evans dissenting. Recreation and Parks Department - Three Grounds Mainten- ance Man I positions; motion by Councilman Bricken, seconded by Councilman Garthe, carried 4:2, with Council- man Yamamoto and Mayor Evans dissenting. The motion of Councilman Brandt, seconded by Councilman Garthe, to approve two permanent Parking Control Officer positions for the Police Department, failed to carry 2:4, with Councilmen Ward, Yamamoto, Bricken and Mayor Evans dissenting. Consideration of the Police Department request for five permanent Police Officers was continued to the evening meeting on the motion of Councilman Garthe, seconded by Councilman Brandt, carried 4:2, with Councilmen Yamamoto and Ward dissenting, after a motion to approve by Councilman Brandt, seconded by Councilman Garthe, failed to carry 3:3, with Councilmen Ward, Yamamoto and Bricken dissenting. CA 50 APPROPRIATION ADJUSTMENT #46 The program of cooperative COCKROACH CONTROL PROGRAM action for cockroach control, APPROVED recommended by Director of Public Works John E. Stevens in his report dated October 9, 1978, and Appropriation Adjustment #46 transferring $2,000 from Council Contingency to Water Distribution System Maintenance to provide funds for City's responsibilities to the program, were approved on the unanimously carried motion of Councilman Bricken, seconded by Councilman Ward. The program schedule outlined in Mr. Stevens' report implements Council action of October 2, 1978 directing Staff to prepare a cooperative plan for control of Oriental cock- roaches in the South Central Neighborhood, with the participa- tion of the City, the neighbors, and the County Vector Control District. CA 65.3; CA 54 USE OF ANNEX The $15 per hour charge WAIVER OF FEE - SANTA ANA WINDS to the Santa Ana Winds APPROVED Youth Band for use of the City Hall Annex Auditorium was waived and Staff was directed to notify the Band that following completion of the remodeling of the building (estimated for July 1979) use of the auditorium will not be available, on the unanimously approved motion of Councilman Garthe, seconded by Councilman Ward, as recommended in the report dated Septem- ber 12, 1978, prepared by Equipment Maintenance Superintendent Warren Clark. CA 45.1 CITY COUNCIL MINUTES 434 OCTOBER 16, 1978 APPROPRIATION ADJUSTMENT #50 Following consideration ANNEX MAINTENANCE of the report by Equipment APPROVED Maintenance Superintendent Warren Clark, dated October 12, 1978 describing present uses of the City Hall Annex, Council restored $9,000 of the $18,000 cut from the Building Maintenance Fund, and approved Appropriation Adjustment #50 transferring $9,000 from Couucil Contingency, for limited maint- enance services of the first floor of the Annex, on the unani- mously carried 6:0 motion of Councilman Ward, seconded by Coun- cilman Brandt. CA 65.3 AGREEMENT & A.A. #51 Council considered the NEIGHBORHOOD HOUSING SERVICES agreement, proposed in a APPROVED letter dated October 6, 1978 from John E. Gallagher, Deputy Associate Director of Urban Reinvestment Task Force, and recommended by Acting City Manager/City Attorney Keith Gow in the report dated October 11, 1978, entitled "Neighborhood Housing Services Agreement", between City and Urban Reinvestment Task Force of the Federal Home Loan Banks for services in connection with a Neighborhood Housing Services Program. The Program pro- vides essentially private neighborhood residential community redevelopment with the following financial impact to the City: 1) Payment of $35,000 upon execution of agreement to Urban Reinvestment Task Force for the uses specified on page 4 of the proposed agreement; A minimum of $100,000 per year for three consecutive years for improvements in the selected neighborhood, subject to the availability of Community Development Block Grant funding; 3) $300,000 spread over a three year period to capitalize the revolving loan fund of the NHS Corporation after it is formed (page 5 of proposed agreement); 4) An unknown amount on a contingent basis, to supplement private support for operating expenses of the corpora- tion, on a contingent basis, as specified in the para- graph headed "Support of the NHS Operating Budget" (lower one-third of page 4 of proposed agreement); 5) Staff time, at no direct expense, for the services specified in the proposed agreement (paragraphs num- bered 4, 5 and 6, appearing at the top of page 3). The NHS Program includes development of a working relationship between residents of a specific neighborhood and a group of financial institutions in cooperation with City government; assists residents to improve their homes and bring them to Code standards; provides counseling, assistance in dealing with contractors, referrals to private financial institutions; and provides direct loans from a Revolving Loan Fund which is con- trolled by the NHS to residents who are unable to meet commer- cial credit standards. The proposed agreement was approved, and its execution by Mayor and Clerk was authorized; an~Appropriation Adjustment #51, transferring $35,000 from Council Contingency to City Council- Non-Departmental, for City's initial budgetary support for the developmental program, was approved, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Bricken. A-78-123; CA 65.3 CITY COUNCIL MINUTES 435 OCTOBER 16, 1978 APPROPRIATION ADJUSTMENTS On the unanimously #39, 40, 41, 42, 43 carried 6:0 motion of HIGH HAZARD PROGRAMS - APPROVED Councilman Brandt, seconded by Councilman Ward, Council approved Appropriation Adjustments #39, 40, 41, 42 and 43 to implement federal aid high hazard programs previously approved by Council and listed in the report by Transportation and Traffic Engineer Joe B. Foust dated October 9, 1978, as follows: PROJECTS 2041 & 2042 - Widening of various local streets and construction of sidewalks on safe routes to schools. A.A. #39 for $31,075 from State funds. PROJECTS 2050-2051-2052-2053 - Widening of miscellaneous arterial streets within existing right-of-way. A.A. #40 for $14,040 from Federal funds and $12,750 from Public Works funds. PROJECTS 2056 & 2057 Installation of left turn signals at six locations. A.A. #41 for $10,445 from State funds. PROJECT 2066 - Upgrading of the Orange Avenue SPRR Rail- road Crossing. A.A. #42 for $84,820 from Federal funds and $9,425 from State funds. PROJECT 2061 - Upgrading of Halladay SPRR Railroad Cross- ing. A.A. #43 for $67,500 Federal funds and $7,500 Pub- lic Works funds. CA 65.3 CONTRACT EMPLOYEES FOR BOWERS MUSEUM 2 POSITIONS AUTHORIZED one Steno Clerk I (both Step in connection with financial Council authorized two contract positions for the Museum, one Adminis- trative Assistant and C), to perform administrative tasks development and expansion of the Bowers Museum, and authorized funds in the amount of $35,541.00 for one year to be allocated from Council Contingency to Museum Salaries and Wages, Regular, on the motion of Councilman Yamamoto, seconded by Councilman Garthe, carried 4:2, with Councilman Brandt and Mayor Evans dissenting. The motion amended a prior motion by Councilman Ward, seconded by Councilman Bricken to approve the Administrative Assistant position only. An amendment motion, to authorize the three contract positions (Administrative Assistant, Steno Clerk I and Typist Clerk II) requested in the ~eport dated October 13, 1978, prepared by Museum Director Reilly P. Rhodes, made by Mayor Evans, seconded by Councilman Garthe, failed to carry on a 2:4 vote, with Councilmen Yamamoto, Brandt, Ward and Bricken dissenting. CA 50 ORAL COMMUNICATION The oral request made by LOUIS KOSSUTH Louis Kossuth, 313 Saint REFERRED TO STAFF Crispen Street, Brea, producer of Speedway motor- cycle racing, to enter into an agreement with the City for use of Santa Ana Stadium for an international motorcycle race quali- fier event to be held on December 9, 1978, and for the 1979 spring and summer season, ending two weeks prior to the high school football season, was referred to Staff for negotiation and recommendation to Council, by unanimous informal consent. Mayor Evans said that he could not support any agreement that would interfere with the high school football programs; Council- man Ward concurred. CA 52.8 CITY COUNCIL MINUTES 436 OCTOBER 16, 1978 ORAL COMMUNICATION Mrs. Beatrice Fernandez, MRS. FERNANDEZ 820 South Quigley Lane, REFERRED TO STAFF said that she has been told by the Planning Department that she cannot build an addition to her home because the Parcel Map (#466) showing her property as a legal lot had not been filed. The problem was informally referred to Staff. CA 87 ORAL COMMUNICATION Councilman Bricken's motion CITY SERVICES COMMITTEE to appoint Tom McMichael MC MICHAEL & LAHTI APPOINTED and Martin Lahti to the Citizens Task Force Commit- tee to consider City Services was seconded by Councilman Ward, and carried unanimously 6:0. CA 80.9 ORAL COMMUNICATION Councilman Yamamoto referred LEWD FILMS to a letter from Assistant City Attorney Edward Cooper regarding methods of control- ing peep show establishments. He stated that he would support any additional action which would be effective. Councilman Ward concurred. City Attorney/Acting City Manager Keith Gow stated that some modification of the existing ordinance would be necessary. CA 149 ORAL COMMUNICATION Councilman Yamamoto RENT RAISES reported receiving several MOBILE HOME SPACES phone calls from mobile home owners complaining of exhorbitant raises in space rents in the City. Councilman Ward agreed that the problem is becoming a serious one, and expressed the view that it is primarily a legislative one; Mayor Evans concurred. Councilman Bricken suggested that callers be encouraged to write to the Council, so that Council can assess the problems and consider appropriate action. CA 137 RECESS At 4:40 P.M. the meeting EXECUTIVE SESSION was recessed to Executive & DINNER Session for discussion of personnel matters; the meeting reconvened at 5:15 P.M. and immediately recessed to dinner at the Black Angus restaurant; the meeting was recon- vened at 7:30 P.M. with all Councilmen present, including Coun- cilman Ortiz. INVOCATION PLEDGE OF ALLEGIANCE Immaculate Heart of Mary Church. Following the Pledge of Allegiance to the Flag, the Invocation was given by Father Moran, CA 80.17 AGENDA ORDER The special presentation SPECIAL PRESENTATION of a Proclamation for United UNITED WAY MONTH PROCLAMATION Way Month scheduled for this time was postponed because the Children's Home Society representative did not arrive until later in the meeting. CITY COUNCIL MINUTES 437 OCTOBER 16, 1978 SPECIAL PRESENTATION Councilman Brandt presented POLICE FACILITY COMMITTEE Certificates of Apprecia- CERTIFICATES OF APPRECIATION tion to members of the Citizens Advisory Committee for the Selection of a Site for a New Police Facility. Members present to receive their certificates were: Eugene M. Flores, Rodger Ramseyer, Richard Pino, Robert Butcher, R. T. McLean, Richard C. Grace. Councilman Brandt and Lt. James Davis of the Police Department thanked the Committee for their many hours of hard work in serving the City. The Clerk was instructed to mail the Certificates prepared for Harold Gosse, Fred Siffermann, John M. Coil, Ted Jessee, Zika Djokovich, Rudy Francis, Antonio S. Moran and Phillip D. Eaton, who were not present at the meet- ing. CA 73 B REQUEST FOR PROPOSAL On the motion of Council- HUMAN SERVICES NEEDS man Yamamoto, seconded ASSESSMENT PROJECT - APPROVED by Councilman Ward, carried 5:2, with Councilman Ortiz and Mayor Evans dissenting, authorization was given to solicit Requests for Proposal from qualified firms to provide the City with a Human Services Needs Assessment. The report dated September 25, 1978, prepared by Peter A. Grams, Community Rela- tions Director, stated that the Assessment is required in order to develop a Social Element outline for the General Plan. Mr. Grams' report also lists the major points outlined in the proposal. This matter was held over from the afternoon Agenda. CA 78.31 HIRING FREEZE EXEMPTION REQUEST Three permanent Police POLICE OFFICER POSITIONS Officer positions were THREE AUTHORIZED exempted from the hiring freeze and immediate hiring authorized on the motion of Councilman Ward, seconded by Councilman Bricken, carried 4:3, with Councilmen Yamamoto and Ortiz, and Mayor Evans dissenting. The adopted motion followed a motion by Councilman Brandt, seconded by Councilman Garthe to exempt the requested five Police Officer positions from the hir- ing freeze, which failed on a 3:4 vote, with Councilmen Ward, Ortiz, Bricken and Yamamoto dissenting. This matter was carried over from the afternoon Agenda. CA 50 PUBLIC HEARING - APPEAL NO. 394 Mayor Evans announced VA 78-41 938 N. GRAND that the public hearing APPEAL DENIED to consider the Negative Declaration and Appeal No. 394 of the Planning Commission denial of Variance Applica- tion No. 78-41, to allow outdoor display and storage of camper tops for sale in the C5 District at 938 N. Grand Avenue, was held on October 2, 1978, and closed; that action of the City Council had been continued to October 16, 1978 to allow Councilman Garthe and Mayor Evans, who were absent at the hearing, to listen to the tape recording of the proceedings, review the Staff report, and be prepared to vote on the matter. The motion made by Councilman Ortiz, seconded by Councilman Brandt, to receive and file the Negative Declaration and direct the City Attorney to prepare a resolution granting Appeal No. 394, approving Variance Application 78-41, and overruling the decision of the Planning Commission, and providing for a one-year review by Coun- cil, failed on a 3:4 vote, with Councilmen Ward, Garthe, Bricken, and Mayor Evans dissenting. CA 13.3 CITY COUNCIL MINUTES 438 OCTOBER 16, 1978 PUBLIC HEARING - APPEAL NO. 395 Councilman Bricken VA ?8-40 3117-3125 W. 5TH ST. announced that his APPEAL DENIED business firm had pro- vided material to the Variance Applicant, and that he would not participate in the deliberations because of this conflict of interest. The public hearing was opened by Mayor Evans on the Negative Declaration and Appeal No. 395 of the approval of Variance Application No. 78-40, to allow the expansion and reconstruc- tion of an existing vehicle dismantling yard at 3117-3125 West Fifth Street in the C2 and R2 Districts. Planning Director Charles Zimmerman stated that the subject dismantling yard is operating pursuant to the conditions of approval and site plan for Variance 1759 granted in June, 1963; that the property is zoned C2 on the Fifth Street frontage and the rear portion is zoned R4; that this zoning was established to allow residential development oriented to the adjacent golf course and commercial development on Fifth Street with a local street separating the two uses; that the Staff recommendation to the Planning Commission was to deny the Variance; that on a 3:1 vote the Planning Commission recommended approval; that the conditions imposed with the approval include approval of one free-standing sign and one 3-1/2 foot monument sign, and that the auto-truck press not be installed. Speakers in favor of the Appeal and in opposition to the Variance were: Fernando Barona, 705 North Gunther Andrew Boersma, 3122 West Fifth Street Beverly Higley, 1114 North Bewley, #5 Ruby Epps, 626 North Jackson David Robson, Planning Services Manager, City of Garden Grove Mr. Boersma stated that he had found difficulty selling his property because of the surrounding non-conforming uses; other proponents of the Appeal stated that 43% of the wrecking yards in Orange County are in Santa Ana; that the General Plan desig- nates the property for open space; that an expansion of the wrecking yard will not discourage non-conforming uses in the neighborhood; that the residents have worked hard to improve their neighborhood; and that "who you know" seems to be more important to the Council than improvement of the neighborhood. Petitions signed by approximately 400 residents were presented to the City Council. The speakers in opposition to the Appeal and in favor of the Variance were: Dean Evans, representing the Variance Applicants, and Grace Rocco Dale H. Heinly, 838 North Van Ness Fred R. Prendergast, 2136 South Ross Street Phillip Mr. Evans pointed out that only one property owner within 300 feet of the auto dismantling yard had objected to the variance, and he then submitted petitions in favor of the Variance signed by 31 businessmen and residents of the area. Mr. Heinly stated that even though the General Plan designation is open space, that the City of Garden Grove has no intention of enlarging the golf course and the City of Santa Ana does not intend to expand the park; that the property has been used as an auto dismantling yard for many years; that properties in the neighborhood have sold despite the non-conforming use; and that the Applicant wishes not only to expand, but to improve his property. Mr. CITY COUNCIL MINUTES 439 OCTOBER 16, 1978 Prendergast, a resident of Santa Ana for 35 years, stated that the expansion would provide more tax dollars for improvements in the City. There being no further speakers, Mayor Evans closed the public hearing. The motion by Councilman Ortiz, seconded by Councilman Ward, to receive and file the Negative Declaration, and direct the City Attorney to prepare a resolution denying Appeal No. 395, approving Variance Application 78-40, and affirming the decision of the Planning Commission, carried 4:2, with Councilman Yama- moto and Mayor Evans dissenting. Prior to the vote on the main motion, an amendment made by Councilman Ward, seconded by Coun- cilman Brandt, to direct Staff to work with the Santa Ana Neigh- borhood Organizations, the Variance Applicants and the City of Garden Grove to relocate the existing auto dismantling business failed to carry on a 2:4 vote, with Mayor Evans, and Councilmen Garthe, Yamamoto and Ortiz dissenting. CA 13.3 Councilman Bricken rejoined the Council meeting. ORAL COMMUNICATION Acting City Manager/City DONATION OF FIRE EQUIPMENT Attorney Keith Gow announced TO TECATE, MEXICO - APPROVED that in accordance with the report prepared by Fire Chief B. J. Thompson, dated October 16, 1978, that he would recommend that the City grant the request of the Fire Chief of Tecate and donate a surplus 1954 Seagrave pumper engine (Equip- ment #41-06) to the City of Tecate, Mexico; that the salvage value to the City is less than $1,500; and that there are 40,000 residents of the City of Tecate who have no fire fighting equip- ment. The recommendation was approved on the motion of Council- man Brandt, seconded by Councilman Garthe, and carried 6:1, with Mayor Evans dissenting. CA 45.2 ORAL COMMUNICATION Memoranda of Understand- MEMORANDA OF UNDERSTANDING ing with the Firemen's EMPLOYEE ASSOCIATIONS - APPROVED Benevolent Association, A.A. NO. 44 - APPROVED the Police Benevolent Association, and Santa Ana City Employees Association, as agreed to in negotiations with the three groups; and Appropriation Adjustment No. 44, transferring $1,281,000 from Estimated Revenue-Property Tax to various funds; were approved on the motion of Councilman Garthe, seconded by Councilman Ward, and carried 6:1, with Councilman Bricken dissenting. Acting City Manager/City Attor- ney Keith Gow indicated the basic item agreed to was a five percent payment to employees by way of reimbursement of a portion of the employees' retirement contribution, to be made in four installments in November, January, April and July; he stated that to comply with Senate Bill 154, no salary increase has been granted. On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 6:1, with Councilman Bricken dissenting, equal benefits were extended to executive management and middle management employees (excluding the City Manager, City Attorney and Clerk of the Council) unrepresented by employees organizations. A-78-124; CA 65.3 ORAL COMMUNICATION Acting City Manager/City AMENDMENT TO PURCHASE AGREEMENT Attorney Keith Gow recom- GARDEN GROVE WATER SYSTEM - APPROVED mended that the Council approve amendments to the previously approved agreement for the purchase of a portion of CITY COUNCIL MINUTES 440 OCTOBER 16, 1978 the Garden Grove Water System located in the City of Santa Ana. He characterized these amendments as minor corrections requested by the bondholders, and consisting of addition of the Garden Grove Water Corporation as a party to the contract for the limited purpose of conveying title and some corrections in property description. The requested amendments were approved on the motion of Councilman Garthe, seconded by Councilman Brandt, carried 6:1, with Mayor Evans dissenting. A-78-60 SPECIAL PRESENTATION Councilman Harry Yamamoto PROCLAMATION - UNITED WAY MONTH made the presentation of the proclamation "United Way Month" to Jonbra Bjorkman of the Children's Home Society. Councilman Yamamoto thanked Ms. Bjorkman for accepting on behalf of United Way, and commended the organization for the work being done for the citi- zens of Santa Ana. CA 73B ORAL COMMUNICATION The City Manager was POLICE COMPLAINT & CITY CLEAN-UP informally requested to REFERRED TO MANAGER see Mrs. Maria Nienstedt to assist her with a complaint concerning the Police Department and to receive her comments regarding the issuance of citations for littering in the City. CA 151.23 ORAL COMMUNICATION Cheryl Brothers of Foun- SUPPORT OF CITY'S ACTION tain Valley stated that MILE SQUARE PARK she wished to lend her support to Santa Ana's position taken at the afternoon Council meeting on the proposed Phase IV development of Mile Square Park. CA 112.16 ORAL COMMUNICATION Councilman Bricken pro- AMTRAK STATION IMPROVEMENT posed that because of the REFERRED TO STAFF fact that financial assist- ance from the State appears to be unlikely, that the City take the initiative to make the improvements that are needed to the Amtrak Station. He stated that there is nothing wrong with local ownership of a transportation station. Following discussion, Staff was directed to suggest within 60 days a phased improvement plan for the Amtrak Station, and recommendations for funding, on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 84.6 ORAL COMMUNICATION On the motion of Council- AIRPORT AUTHORITY ALTERNATIVE man Brandt, seconded by REPRESENTATIVES APPOINTED Councilman Garthe, carried 7:0 unanimously, the fol- lowing alternates were appointed to attend the Inter-County Airport Authority in the absence of the designated Council repre- sentatives: Council Representative Alternate Councilman David Brandt Councilman John Garthe Councilman David Ortiz Daniel E. Stone John E. Stevens Manuel Rede CA 98.2; CA 80.1 CITY COUNCIL MINUTES 441 OCTOBER 16, 1978 ORAL COMMUNICATION ANNEXATION OF COUNTY ISLANDS PROGRESS REPORT REQUESTED islands within the City of Santa Ana. Councilman John Garthe requested a report on the status of work toward annexation of County CA 94 ORAL COMMUNICATION Jan Stearns, 17542 Van SUGGESTION FOR COMBINATION Buren, Huntington Beach, AMTRAK STATION & TERMINAL stated that, in her opinion, after having attended meet- ings concerning the site of the bus terminal in Santa Ana, there may be additional funding available for improvements to the Amtrak Station if it were combined with the bus terminal. CA 84.5&6 ADJOURNMENT At 9:00 P.M. the Council Meeting was adjourned on the unanimously approved 7:0 motion of Councilman Bricken, seconded by Councilman Ortiz. Acting Clerk of the Council CITY COUNCIL MINUTES 442 OCTOBER 16, 1978