Loading...
HomeMy WebLinkAbout12-04-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 4, 1978 The meeting was called to order at 2:05 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans, Coun- cil members present were: Harry K. Yamamoto, David L. Brandt, James E. Ward, John Garthe, and Mayor Evans. Councilmen Gordon Bricken arrived at 2:11 P.M., and David F. Ortiz at 7:50 P.M. The following members of Staff were present: City Attorney/Act- ing City Manager Keith L. Gow, Assistant City Manager Daniel E. Stone,'Director of Public Works John E. Stevens, Senior Planner William Daugherty, 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 Garthe. RECESS HOUSING AUTHORITY Council reconvened at 2:10 P.M. At 2:06 P.M. Council recessed to convene the Regular Meeting of the Housing Authority. with the same members present. AGENDA ORDER REDEVELOPMENT AGENCY afternoon. The Special Meeting of the Community Redevelop- ment Agency was post- poned to later in the CONSENT CALENDAR ITEMS REMOVED & DISSENTING VOTES Evans; Items 5 A, 5 C, Councilman Ward: The following items were removed from the Consent Calendar:' Items 4 F, 4 G, ~ayor Councilman Yamamoto; Items 12 B, 12 C, A dissenting vote was rsgistered by Mayor Evans on Item 5 B. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED cil approved the Staff recommendations sent Calendar Items: On motion of Council- man Brandt, seconded by Councilman Yamamoto, and carried 5:0, Coun- on the following Con- MINUTES Approved the Minutes of the Regular Meeting of November 1978. 20, BID CALL Approved plans and specifica- tions, and authorized advertise- ment for bids on the following: PROJECT 7226 - Pacific Electric Bike Trail improvements. CA 89 CITY COUNCIL MINUTES 477 DECEMBER 4, 1978 CONSENT CALENDAR STAFF RECOb~ENDATIONS APPROVED - Continued BIDAWARDS for bids on the following: Rejected all bids as non.-respon- sive to the bid specifications, and authorized re-advertisement SPEC 78-025 - Annual tree trimming "Quadrant B". Rejected all bids for lease of equipment and authorized re-advertisement for bids for purchase of equipment on the following: PROJECT 2065 Equipment for application of thermo- plastic material. CA 89 Awarded the following on basis of lowest responsible and responsive bidder: SPEC 78-027 - Two sequential encoders and eleven base station radios; awarded to Motorola Communications & Electronics, Inc., Irvine, in the amount of $32,464.62. PROJECT 7074 Reconstruct central parking lot at Bowers Museum; awarded to J. W. Tiedemann Co., Whittier, in the amount of $62,929.75. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff Report of the following: LUCKY TWO, INC. 1530 South Greenville - Original Type "20" off-sale beer and wine. MALONE, Lawrence E. 604 East Dyer Road - Premises- to-premises transfer, Type "47" on-sale general (bona fide public eating place). DORCSAK, Patricia Ann - 1300 East Edinger #A - Person- to-person transfer, Type "41" on-sale beer and wine (bona fide public eating place). CA 146 CARROWS RESTAURANTS, INC. 1001 East 17th Street - Original Type "41" on-sale beer and wine (bona fide public eating place). PROTEST - Needs Minor Exception. WOOD, Gail C. 1710 East 17th Street - Original Type "41" on-sale beer and wine (bona fide public eating place). PROTEST - Needs Minor Exception. SEVERSKY, Laura E. - 1215 East Pomona Avenue, Suite A - Original Type "42" on-sale beek and wine (public pre- mises). PROTEST - Police and Planning - Variance required by Ordinance No. NS-1395 (Adult Entertain- ment Ordinance). CA 146.1 VARIANCE; CONDITIONAL USE Approved and filed Negative PER2MIT; MINOR EXCEPTION Declaration or Notice of Exemption, as applicable, and Findings of Fact by Planning Commission or Zoning Administrator on the following: NEGATIVE DECLARATION AND CUP 78-22 - Filed by Oppor- tunities Industrialization of Orange County to allbw classrooms and on-the-job training at 3410 West Maywood in the Mi District. APPROVED. A NO vote was registered by Mayor Evans. (Agenda Item 5 b) CA 13 CITY COUNCIL MINUTES 478 DECEMBER 4, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued NOTICE OF EXEMPTION AND ME 78-35 Filed by Ronald H. White/Norlin Financial to allow on-sale beer and wine in a proposed restaurant located within 300 feet of residences at 1200 North Main Street in the C2 Dis- trict. APPROVED. CA 13.2 TENTATIVE PARCEL Approved and filed the Nega- MAPS tive Declarations, approved the following subject to conditions in Planning Director's reports: PARCEL MAP 1089 - Filed on October 31, 1978 by Pedro and Blasa Duran creating two R2 parcels; both pro- posed parcels to be used for residential purposes; generally located on the south side of Seventh Street approximately 150' east of Jackson Street. CA 25 PARCEL MAP 1090 - Filed on October 31, 1978 by Sukut Construction Company, creating two M1 parcels; both proposed parcels to be used for industrial purposes; generally located on the south side of Chandler Ave- nue at the intersection of Chandler and Shannon Street. CA 25 FINAL PARCEL MAPS Approved the and accepted thereon: following maps the dedications MAP 1048 - North side of McFadden Avenue west of Euclid Street; 2' lots. MAP 1062 Southeast corner of Seventeenth and Flower Streets; 6 lots. MAP 1067 - Northwest corner of Flower Street and Glen- wood Place; 3 lots. CA 25.2 AGREEMENT Approved the following agree- ment and authorized execution by Mayor and Clerk: SIGN ENCROACHMENT - Between City and. Bank of America, NTSA, Lessor, and Postal Finance Company, Lessee, to allow installation of a sign encroaching in future right-of-way at 1909 North Main Street A-78-128 CA 45.1 BOARDS & COMMISSIONS Accepted the following nomi- nation for appointment December 18, 1978: TRANSPORTATION ADVISORY COMMITTEE - Recommendation of the Planning Commission to appoint Robert W. Luxembourger to complete the term ending December 31, 1978, formerly held by Fred Siffermann, as Planning Commission representative. CA 80.9 LIABILITY CLAIMS Referred to Administration claims received from Novem- ber 28, 1978. CA 65.7b CITY COUNCIL MINUTES 479 DECEMBER 4, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued COUNCIL REFERRAL SUMMARY PROCLAMATIONS through 28, 1978. Received and filed status report of matters referred to Staff by Council. CA 80.2 Received and filed report of proclamations issued by the Mayor from November 15 CA 46 ~ * * * * * * * CONSENT CALENDAR FINIS * ~ ~ * * * * * ABC APPLICATION On motion of Coun- 1242-1244 SOUTH MAIN ST. cilman Ward, seconded RECEIVED & FILED WITH PROTEST by Councilman Yamamoto, and carried 4:1 with Councilman Brandt dissenting, the staff report of the fol- lowing Alcoholic Beverage License Application was received and filed, and the City Attorney was authorized to file a protest with the ABC Board: BRUCE, Richard C. 1242-1244 South Main - Original Type "20" of-sale beer and wine. (Agenda Item 4 F). CA 146.1 Councilman Bricken arrived at 2:11 P.M. ABC APPLICATION On motion of Coun- 1007 SOUTH BRISTOL ST. cilman Ward, seconded RECEIVED & FILED by Councilman Yamamoto, and carried 4:2 with Councilmen Brandt and Garthe dissenting, the following Alco- holic Beverage License Application was received and filed: QUINTERO, Emilia M. and Lucio - 1007 South Bristol #C - Original Type "41" on-sale beer and wine (bona fide public eating place). (Agenda Item 4 G). CA 146.1 NEGATIVE DECLARATION & VA 78-54 Councilman Brandt's 3410 WEST MAYWOOD motion to approve and APPROVED file the Negative Declaration and Plan- ning Commission Finding of Fact on the following was seconded by Councilman Garthe, and carried 5:1 with Mayor Evans dis- senting: VA 78-54 - Filed by Opportunities Industrialization of Orange County to waive the required parking for classrooms at 3410 West Maywood in the M1 District. APPROVED. (Agenda Item 5 A) CA 13 NEGATIVE DECLARATION & VA 78-55 On motion of Council- 501 E. ANAHURST man Brandt, seconded MODIFY VA 73-8 - APPROVED by Councilman Garthe, and carried 5:1 with Councilman Ward dissenting, the following was approved and the Negative Declaration and Finding of Fact by Planning Commission were filed: CITY COUNCIL MINUTES 480 DECEMBER 4, 1978 VA 78-55 Filed by William and Carolyn Cronberger to increase the number of guests, in a home for the aged, from 14 to 17 and to waive a portion of the required ~arking, modifying Variance 73-8, at 501 East Anahurst in the Ri District. (Code requires 9 foot off-street parking spaces; 4 are provided; waiver of 5 off-street parking spaces requested.) APPROVED. (Agenda Item 5 C). CA 13 AGREEMENT - SANTA ANA On motion of Council- DRAGONS SOCCER CLUB man Ward, seconded by USE OF STADIUM - APPROVED Councilman Brandt, carried 6:0 unani- mously, the following agreement was approved, and its execu- tion by the Mayor and Council was authorized: SANTA ANA DRAGONS SOCCER CLUB - Between City and Santa Aha Dragons Soccer Club for the period October 1, 1978 through February 28, 1979, for use of the Eddie West Field - Santa Ana Stadium for a minimum of nine soccer games. (Agenda Item 12 b) A-78-129 CA 52.8 AGREEMENT.- LOUIS KOSSUTH On motion of Council- MOTORCYCLE RACING EVENT man Brandt, seconded OF STADIUM - APPROVED by Councilman Ward, and carried 5:1, with Councilman Yamamoto dissenting, the following agreement was approved, and its execution by the Mayor and Council was authorized: WORLD QUALIFIER MOTORCYCLE RACE - Between City and Louis G. Kossuth for use of Eddie West Field - Santa. Ana Stadium on December 29, 1978, and amending the previous agreement of May 15, 1978. (Agenda Item 12 C) A-78-130 CA 52.8 ORDINANCE NO. NS-1462 On motion of Council- UNIFORM FIRE CODE man Yamamoto, seconded 2ND READING; ADOPTED by Councilman Brandt, and carried 5:1 with Councilman Bricken dissenting, the following ordinance was placed on second reading and adopted: ORDINANCE NO. NS-1462'- AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 14-1., 14-3, 14-4, 14-5, 14-7, 14-9, 14-10, AND 14-14 OF THE SANTA ANA MUNI- CIPAL CODE, ADDING SECTIONS 14-15, 14-16, 14-17, 14-18, 14-19 AND 14-20 THERETO, AND REPEALING SECTIONS 14-2, 14-6, 14-12, 14-13 AND 14-22 THEREOF, TO ADOPT THE 1976 EDITION OF THE UNIFORM FIRE CODE WITH AMENDMENTS. CA 64 ORDINANCE NO. NS-1464 On motion of Council- CHARITABLE SOLICITATION man Brandt, seconded 2ND READING; ADOPTED by Councilman Ward, and carried 6:0 unan- imously, the following ordinance was placed on second read- ing and adopted: CITY COUNCIL MINUTES 481 DECEMBER 4, 1978 ORDINANCE NO. NS-1464 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 26-14 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT ISSUANCE OF A CHARITABLE SOLICITATION PERMIT IF THE APPLICANT HAS BEEN CON- VICTED OF A CRIME INVOLVING MORAL TURPITUDE WITHIN FIVE YEARS AND TO OMIT SUBSECTIONS (a) (2) AND (a) (3) THAT REQUIRE A DETERMINATION THAT AN APPLICANT BE A "RELIABLE AND RESPONSIBLE PERSON" AND OF "GOOD" CHARACTER" PRIOR TO GRANTING OF A PERMIT FOR CHARI- TABLE SOLICITATION. CA 91 ORDINANCE NO. NS-1465 REC. & PARKS; STADIUM 2ND READING; ADOPTED imously, the following ordinance ing and adopted: was On motion of Council- man Brandt, seconded by Councilman Ward, and carried 6:0 unan- placed on second read- ORDINANCE NO. NS-1465 - AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING SECTIONS 2-450 THROUGH 2-467 OF THE SAMC RELATING TO THE PARK BOARD; ADDING SECTIONS 10-141 THROUGH 10-143 RELATING TO DAMAGING TREES AND SHRUBS~; AND AMENDING SECTIONS 2-740, 2-741, 2-743, AND 2-745 RELATING TO USE OF EDDIE WEST FIELD SANTA ANA STADIUM. CA 52 CA 52.8 ORDINANCE NO. NS-1466 Council continued ANIMAL CONTROL consideration of the CONTINUED following ordinance to the meeting of December 18, 1978, on motion of Councilman Ward, seconded by Councilman Brandt, and carried 6:0 unanimously: ORDINANCE NO. NS-1466 - AN ORDINANCE OF THE CITY COUN- CIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 5-1 THROUGH 5-67 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ANIMAL CONTROL - Council Referral Item Numbers 6-78 and 8-78. CA 95 RESOLUTION NO. 78-140 - EX 78-19 On motion of Council- 1007-C S. Bristol man Brandt, seconded ADOPTED by Councilman Garthe, and carried 4:2 with Councilmen Ward and Yamamoto dissenting, the following resolu- tion was adopted: RESOLUTION NO. 78-140 - A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION APPROVING MINOR EXCEPTION 78-19. CA 13.5a RESOLUTION NO. 78-141 - APPEAL 395 On motion of Council- VA 78-40 - 3117-3125 W. STH ST. man Ward, seconded by ADOPTED Councilman Brandt, and carried 4:2, with Coun- cilman Yamamoto and Mayor Evans dissenting, the following resolution.was adopted: RESOLUTION NO. 78-141 - A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION GRANTING VARIANCE APPLICATION NO. 78-40 AND DENYING APPEAL NO. 395. CA 13.3 CITY COUNCIL MINUTES 482 DECEMBER 4, 1978 RESOLUTION NO. 78-142 - APPEAL 396 On the motion of Council- AA 804 EUCLID & MC FADDEN man Ward, seconded by ADOPTED Mayor Evans, and carried 5:1, with Councilman Brandt dissenting, the following resolution was adopted: RESOLUTION NO. 78-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING AMENDMENT APPLICATION NO. 804 AND APPEAL NO. 396. CA 10 RESOLUTION NO. 78-143 - APPEAL 394 On the motion of Council- VA 78-41 938 N. GRAND AVE. man Yamamoto, seconded CONTINUED TO DECEMBER 18 by Councilman Brandt, carried 6:0 unanimously, the following resolution was continued to December 18~ 1978 (see Minutes Page 493 for subsequent action): RESOLUTION NO. 78-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION DENYING VARIANCE APPLICATION NO. 78-41 AND DENYING APPEAL NO. 394. CA 13.3 The motion was made following a motion to adopt Resolution No. 78-143 made by Councilman Ward, seconded by Councilman Brandt, which failed to carry on a 3:3 vote, with Councilmen Ward, Garthe and Yamamoto dissenting. RESOLUTION NO. 78-145 On motion of Councilman HCDA FUNDS Ward, seconded by Coun- ADOPTED cilman Yamamoto, and carried 6:0 unanimously, the following resolution was adopted and Staff was directed to prepare an application for the Consortium Cities to receive Housing and Community Development Act funds: RESOLUTION NO. 78-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXPRESSING ITS CONCERN THAT HOUSING AND COMMUNITY DEVELOPMENT ACT (HCDA) FUNDS ALLOCATED TO AND DECLINED BY CERTAIN ORANGE COUNTY CITIES BE RE-ALLOCATED TO ORANGE COUNTY CONSORTIUM CITIES. CA 140.20 RESOLUTION NO. 78-146 On the unanimously TRACT 9963 - NEWHOPE & KENT carried 6:0 motion of ADOPTED Councilman Brandt, seconded by Council- man Garthe, the following resolution was adopted: RESOLUTION NO. 78-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME AT WHICH TENTATIVE TRACT MAP NO. 9963 SHALL EXPIRE. CA 24 RESOLUTION NO. 78-147 Councilman Ward's STATE-LICENSED CONTRACTORS motion to adopt the ADOPTED; REFERRAL DELETED following resolution and delete Council Referral Item No. 33-78 from the Summary, was seconded by Councilman Garthe, and carried 6:0 unanimously: RESOLUTION NO. 78-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE STATE LEGISLA- TURE TO STRENGTHEN REGULATIONS RELATING TO STATE-LICENSED CONTRACTORS. CA 113 CA 80.6 CITY COUNCIL MINUTES 483 DECEMBER 4, 1978 RESOLUTION NO. 78-148 WORKER'S Council continued to COMPENSATION & INSURANCE ANALYST December 18, 1978 the HIRING EXEMPTION REQUEST CONTINUED revised classification specification changing the title from Risk Manager to Worker's Compensation and Insur- ance Analyst; the request for exemptions from the hiring freeze for Worker's Compensation and Insurance Analyst, and Safety Analyst; and the adoption of the following resolution; recom- mended in the report prepared by Personnel Director, dated December 1, 1978; on the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Brandt: RESOLUTION NO. 78-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 58-281 TO CHANGE THE CLASS TITLE AND SALARY RANGE OF THE EXIST- ING CLASS OF RISK MANAGER. CA 50 CA 50.1 A prior motion to approve the recommendations contained in report by Councilman Brandt, seconded by Councilman Garthe, was withdrawn in favor of the continuance. the INTER-COUNTY AIRPORT AUTHORITY On the motion of Coun- QUARTERLY FINANCIAL STATEMENT cilman Brandt, seconded FILED by Councilman Ward, carried 6:0 unanimously, the quarterly financial statement of the Inter-County Airport Authority for the period ended September 30, 1978 was received and filed. The report was transmitted with a letter dated November 6, 1978 from James J. Antoniono in compliance with the Joint Powers Agreement of 1974. CA 98 SCAG GROWTH & DEVELOPMENT Staff was authorized WATER QUALITY & AIR QUALITY PLANS to submit Council's COMMENTS AUTHORIZED previous comments on the SCAG draft air quality plan, on the motion of Councilman Ward, seconded by Council- man Brandt, carried 6:0 unanimously. The action was taken in response to a mailgram received November 20, 1978 from Orange County Supervisor Philip Anthony requesting each City to review the SCAG plans and to submit comments before Docember 15, 1978. CA 141 CENTENNIAL PARK DEVELOPMENT After review and discus- LETTER FROM MAYOR URGING COUNTY sion of the report dated TO PROCEED - AUTHORIZED November 27, 1978 pre- pared by Administrative Assistant Jerry P. Brown on the Development of Centennial Park, and on the motion of Councilman Brandt, seconded by Councilman Garthe, carried 6:0 unanimously, the Mayor was authorized to write a letter to the Orange County Board of Supervisors strongly urging the County to continue with sched- uled development of Centennial Park, and Staff was directed to continue with Phase II (concession) Plans. The Staff reported that calculations made by the County for operation and maintenance costs do not consider the acreage to be occupied by structures and the income to be generated by the proposed concessions. CA 112.16 CITY COUNCIL MINUTES 484 DECEMBER 4~ 1978 OVERCROWDING IN ORANGE UNIFIBD The interim report dated SCHOOL DISTRICT - REFERRAL 26-78 November 28, 1978, pre- INTERIM REPORT - FILED pared by the Planning Department concerning the August 4, 1978 request by the Orange Unified School District for payment of future residential development f~es, was received and filed on the unanimously approved 6:0 motion of Councilman Brandt~ seconded by Councilman Ward. The report states that additional information has been requested from the Orange County School District~ and that a final staff report will be prepared for Council action when the information has been received and analyzed. CA 38 INCREASED STREET LIGHTING A supplementary report SUPPLEMENTARY REPORT dated November 29, 1978 FILED by Director of Public Works John E. Stevens on the maintenance cost and level of additional street lighting to be installed with fourth year Community Development funds, was received and filed on the unanimously approved 6:0 motion of Councilman Ward, seconded by Councilman Garthe. CA 140.20 AGREEMENT - FUNDING FOR ORANGE Consideration of funding COUNTY FAIR HOUSING COUNCIL for Orange County Fair CONTINUED TO DECEMBER 18 Housing Council was continued to 3:00 P.M., December 18, 1978, and the City Manager was instructed to select Staff members to work with the Orange County Fair Housing Council, on the motion of Councilman Brandt, seconded by Council- man Ward, carried 5:1, with Councilman Yamamoto dissenting. An earlier motion to allocate $7,500 to the Orange County Fair Housing Council, by Councilman Yamamoto, seconded by Councilman Ward, failed to carry 2:4, with Councilmen Brandt, Garthe, Bricken, and Mayor Evans dissenting. A motion by Councilman Yamamoto to approve funding in the amount of $5,000 was not seconded. Bill McCue, Executive Director of the Fair Housing Council, stated that he had contacted some of the people involved in the dispute between mobile home park tenants and landlords; that mediation services had been offered, but that the tenants felt that the only solutions would probably be found in new State legislation. Mr. McCue further indicated that the pro- ductivity of the Council had been increased; that last year they had handled 12,000 clients and that during the first nine months of this year 12,000 had been counseled; that Santa Ana Councilmen would be welcome to visit the office and meet Michael Phinney, landlord-tenant counselor, Lupe Rivera, bi- lingual counselor and Debbie P~ia, statistician; and that monthly activity reports have been submitted regularly to City staff. Mr. McCue stated that the location of the Council's office at 1525 East Seventeenth Street was selected because it meets their space requirements; and that their office loca- tion does not seem to be significant in terms of their ser- vice because 95% of their work is done by telephone. CA 112.15 RECESS with the same members of At 3:15 P.M. Mayor Evans recessed the meeting; at 3:30 P.M. the meeting reconvened Council present. HIRING FREEZE EXEMPTION Following oral reports REQUESTS - APPROVED by Director of Public Works John E. Stevens, and Police Department Captain J. L. Dittman, summarizing the justification for their respective requests, the following hiring freeze exemptions were approved: CITY COUNCIL MINUTES 485 DECEMBER 4, 1978 Public Works Department - Engineering Draftsman; on the motion of Councilman Garthe, seconded by Councilman Brandt, carried 5:1, with Councilman Ward dissenting. Police Department - Stock Clerk (Evidence & Property Controller), ~nd Office Supervisor; on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. Police Department - Three Police Officers; motion by Councilman Brandt, seconded by Councilman Garthe, carried 4:2, with Councilmen Yamamoto and Bricken dissenting. City Attorney's Office Deputy City Attorney; motion by Councilman Garthe, seconded by Councilman Brandt, carried 6:0 unanimously. CA 5O ADDITIONAL 143 UNITS SECTION 8 On the unanimously HOUSING ASSISTANCE - APPROPRIATION carried 6:0 motion of ADJUSTMENT NO. 63 - APPROVED Councilman Yamamoto, seconded by Council- man Ward, Appropriation Adjustment No. 63 to receive Housing and Urban Development funds and provide distribution accounts for the increased grant of $289,805 for housing assistance payments to owners of an additional 143 leased housing units within the City of Santa Ana, was approved. The budget adjust- ment implements Housing Authority action of July 25, 1978. CA 65.3; CA137.2 SUMMER YOUTH PROGRAM On the recommendation CETA TITLE Iit - APPROPRIATION of Manpower Project ADJUSTMENT NO. 69 - APPROVED Coordinator Keith E. AGREEMENT - APPROVED Blunt, in his report dated November 21, 1978, and on the unanimously carried 6:0 motion of Council- man Ward, seconded by Councilman Brandt, a contract modifica- tion between the City and the Orange County Manpower Commis- sion to provide the City with $37,634 for the 1978 Summer Program for Economically Disadvantaged Youth, was approved, and its execution by Mayor and Clerk authorized; and Appropriation Adjustment No. 69 to receive the funds and trans- fer to CETA Title III activity accounts for the program was approved. A-78-131; CA 65.3; CA 140.3 TRAFFIC PAINTING & SIGNING Appropriation Adjustment APPROPRIATION ADJUSTMENT NO. 77 No. 77 transferring APPROVED $25,000 from Council Capital Reserve to Public Works - Traffic Painting & Signing to meet demands for new traffic signs and markings, was approved on the motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried 6:0 unanimously. The Director of Public Works, John E. Stevens, recommended the transfer of funds in his report dated November 27, 1978. CA 65.3; CA 18.3 INSTALLATION OF SIDEWALK A change order to Pro- 3RD & ROSS - PROJECT 2064 ject 2064 (widening of CHANGE ORDER APPROVED Ross Street, First Street to Third Street) to add the repair of sidewalks and curbs and removal of trees along Third Street, Ross Street to the west edge of Van Ness Avenue, at an approximate cost of $11,000, was authorized on the unanimously approved 6:0 motion of Councilman Ward, seconded by Councilman Garthe. The December 4, 1978 report prepared by CITY COUNCIL MINUTES 486 DECEMBER 4, 1978 Executive Director for the Redevelopment Agency Richard Goblirsch recommends the change order, stating that its approval would eliminate some three to four months delay, and that the price is reasonable and can be funded from funds budgeted by the City and the Redevelopment Agency for the widening of the Ross Street area. CA 89 ORAL COMMUNICATION Councilman Garthe took TELEVISION COVERAGE OF exception to a comment OF CALIFORNIA BAND REVIEW made by a Channel 4 news reporter covering the California Band Review in the Municipal Stadium. The statement was that in the sleepy town of Santa Aha, the only thing of interest was to look up in the clouds and see the clouds go by. CA 153 ORAL COMMUNICATION Mayor Evans referred to JOINT WELL FIELD PROJECT a memorandum dated Dec- IN SOUTH SANTA ANA ember 1, 1978, just received from Council- man Ward, presenting numerous questions concerning the joint well field project proposed by the Irvine Ranch Water District; and suggested that Councilmen and Staff may wish to prepare comments for the next Council meeting. CA 12 RECESS At 3:35 P.M. the meeting COMMUNITY REDEVELOPMENT AGENCY was recessed to convene EXECUTIVE SESSION a special meeting of the Community Redevelopment Agency; at 3:50 P.M. the City Council meeting was reconvened and immediately recessed to hold an Executive Session to con- sider legal and personnel matters; at 4:07 P.M. the meeting was reconvened and immediately recessed for dinner. MEETING RECONVENED The Council meeting was INVOCATION reconvened at 7:30 P.M. PLEDGE OF ALLEGIANCE with all Council members present, including Coun- cilman Ortiz. Following the Pledge of Allegiance to the Flag, the Invocation was given by Pastor Timothy Trout, Church of the Nazarene. PROCLAMATION PRESENTATION Councilman Yamamoto THE "VILLA" presented a proclamation to Doris LaMatna, Administrator of the "Villa", Orange County Alcoholic Women's Rehabilitation Center, Inc., proclaiming the month of December as "It's OK Not to Drink Month". Mrs. LaMatna thanked the Mayor, Councilman Yamamoto and the Council, and said that the Rehabilitation Center asks that people drink responsibly during the holidays. CA 46 PUBLIC HEARING - APPEAL NO. 398 The Mayor announced that MINOR EX. 78-32 1111 S. MAIN ST. this was the time and DENIED place for the public hearing of the Notice of Exemption and Appeal No. 398 of the Zoning Administrator's denial of Minor Exception No. 78-32 to allow on-sale beer and wine in an existing restaurant (Angelo's Pizza) located within 300 feet of residences in the C1 District at 1111 South Main Street, which was continued from the November 20, 1978 meeting. CITY COUNCIL MINUTES 487 DECEMBER 4, 1978 Senior Planner William Daugherty described the location of the property and its proximity to Lathrop Junior High School and Franklin Elementary School, across the street on Main Street and approximately one block away on Sycamore Street, respectively. He stated that the property is zoned C1 and that the General Plan designation is Multi-use Corridor; that the Zoning Adminis- trator denied the application on October 27, 1978 because of the action of the Santa Ana Board of Education, transmitted to the Alcoholic Beverage Control Board by a letter dated September 13, 1978, to file a protest on the grounds that "school children would be regularly in the vicinity of the establishment at times when alcoholic beverages would be served, causing potential harm to the safety and morals of the children". The Acting Clerk of the Council reported that there were no written communications. Barry Jacobs, Attorney, 2009 North Broadway, representing the appellant, Marcos Schulz (Angelo's Pizza), stated that the determining factor in the granting of a minor exception permit is whether or not the intended sale conforms with the City's designated land use; that the reason given for denial was that the School District had filed a protest in accordance with their public policy, rather than on the basis of the facts; that in his opinion this was discrimination; that the nearby schools are "closed campus"; that the restau- rant has been open since 1973 and there have been no problems; that beer and wine would be served only with food; and that there would be no bar area. Gerald Lance, Assistant to the Superintendent, Santa Ana Unified School District, 1405 French Street, reaffirmed the reasons for the School Board action protesting the granting of an ABC license contained in the letter dated September 13 to the ABC Board. In rebuttal, Mr. Jacobs stated that none of the property owners within three hundred feet of the property filed any protest; that the applicant would like to provide beer and wine with meals in order to compete with similar establishments in the area; that denial of the minor exception would create a hard- ship for the applicant. There were no other speakers, and the Mayor closed the public hearing. Councilman Brandt's motion to approve and file the Notice of Exemption and to grant Appeal No. 398, approving Minor Excep- tion 78-32, and overruling the decision of the Zoning Adminis- trator, seconded by Councilman Ortiz, failed to carry on a 3:4 vote, with Councilmen Ward, Garthe, Yamamoto and Mayor Evans dissenting. During the Council discussion prior to the vote, Councilman Yamamoto expressed the view that children walking to and from school should be protected from the potentially corrupting influence of liquor establishments. Mayor Evans concurred, and said that the granting of the minor exception would encourage the opening of more similar establishments close to schools. Councilman Ward commented that the area is already inundated with bars and that the schools have enough problems without adding to them. Councilman Bricken stated the opinion that the sale of beer and wine is fairly innocuous; that the restaurant must be able to serve these beverages in order to compete; that most of the restaurant patronage is during hours when schools are closed; and that restaurant sale of beer and wine presents no real danger to the morals of the school children. Coun- CITY COUNCIL MINUTES 488 DECEMBER 4, 1978 cilman Brandt reminded Council that if it takes this direction there are many other restaurants that should be denied an ABC license; that to assert that beer and wine sales with meals in a small restaurant with the capacity of 24 customers will be the downfall of student morals is fallacious; and that none of the neighbors objected. CA 13.5 PUBLIC HEARING - VA 78-50 The Mayor announced that 1505-1511 LA BONITA STREET this was the time and VARIANCE APPROVED place for the public hearing of Negative Declaration and Variance Application 78-50 to move a duplex onto a lot which presently contains one single family dwelling and two duplexes at 1505-1511 La Bonita Street in the RI Dis- trict, which was set for public hearing by Council on Novem- ber 6, 1978 and continued from November 20, 1978. Senior Planner William Daugherty identified the property and described the surrounding uses with the aid of a slide trans- parency. He stated that the property is 150 feet wide and 300 feet in depth; that an RI property such as this cannot contain more than one dwelling unit unless the parcel is in excess of 1/2 acre in size; that if the property were developed RI, there would be fifteen feet between dwellings; that Planning Staff and Planning Commission have consistently supported the type of duplex design proposed in that it affords design control and a substantial amount of open space; that the plan provides for fifteen parking spaces, which is in excess of RI require- ments; and that the proposed development will provide substan- tially more amenities than individual development of single family homes. The Acting Clerk of the Council reported that there were no written communications. Dave Wetzel, 14524 Allegan, Whittier, representing the applicant, spoke in favor of the variance application. There were no other speakers, and the Mayor closed the public hearing. On the motion of Councilman Garthe, seconded by Councilman Ward, carried 6:1, with Mayor Evans dissenting, Council approved and filed the Negative Declaration and directed the City Attorney to prepare a resolution approving Variance 78°50 and affirming the decision of the Planning Commission. CA 13.3A AMENDMENT APPLICATION NO. 806 The Mayor announced that WEST SIDE OF TUSTIN AVENUE. this was the time and IN COUNTY - ORDINANCE NS-1467 place for the public FIRST READING; PUBLICATION hearing of Negative Declaration and Amendment Application No. 806 to prezone property on the west side of Tustin Avenue between First and Fourth Streets from the P-A (Professional-Administrative) District in the County of Orange to the C5 (Arterial Commercial) District in ~he City of Santa Ana, recommended for approval by the Planning Commission follow- ing public hearing on November 27, 1978. Using a slide transparency, Senior Planner William Daugherty identified the property. He stated that the property is a County island surrounded by City of Santa Ana, with approxi- mately 148 feet of frontage on Tustin and a depth of approxi- mately 315 feet; that the Local Agency Formation Commission has acted upon the annexation request and designated the City of Santa Ana as the hearing body; that the property owner is CITY COUNCIL MINUTES 489 DECEMBER 4, 1978 in support of the annexation proposal; and that the CS designa- tion applies to the surrounding properties. The Acting Clerk of the Council reported that there were no written communications. Bob St. Pierre, representing the owner of an adjoining property at 14871 Tustin Avenue, Don Woodeman, stated that he and Mr. Woodeman are in favor of the annexation and in favor of the C5 zoning; that their property has a business located on it and that the features of C5 would allow more freedom for development of a more beautiful complex consistent with the Spanish architecture of the existing building, and he urged Council approval of the amendment application. There were no other speakers, and the Mayor closed the public hearing. On the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Garthe, Council approved and filed the Negative Declaration, placed the following ordinance on first reading and authorized publication of title: ORDINANCE NO. NS-1467 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 806 TO PREZONE PROPERTY LOCATED ON THE WEST SIDE OF TUSTIN AVENUE NORTH OF FIRST STREET IN THE COUNTY OF ORANGE TO THE CS (ARTERIAL COMMERCIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 8-5-9. CA 10 PUBLIC HEARING - APPEAL NO. REVOCATION OF VA 77-33 1446 S. FLOWER ~ CONTINUED FOR SIX MONTHS 399 Planning Commission of Variance 77-33 repair business in an existing service station at Plower Street in the Ri District. The Mayor announced that this was the time and place for the public hearing of Appeal No. 399 of the revocation by the to allow an automobile 1446 South Senior Planner William Daugherty identified the property and stated that on August 22, 1977 a variance was approved to allow an addition to the existing service station to allow an automobile repair garage to operate in the facility; that two of the conditions of the variance were that any signs must be approved by the Planning Department, and that there be no out- side storage of vehicles or equipment on the premises; that in June 1978 the Planning Department determined that numerous vehicles had been stored outside on the property for a substan- tial length of time; that Planning Commission hearings com- menced on July 10, 1978 and were continued to July 24 and September 11 to allow the applicant and property owner to remove the vehicles; that on November 13, 1978 outside storage of vehicles still existed, and the Planning Commission acted to recommend revocation of the variance, disallowing the garage operation. The Acting Clerk of the Council reported there were no written communications. Michael Saba, owner of the garage, spoke in favor of the appeal and in opposition to the revocation. He said that the garage has done no harm; that he has a lease with the operator which cannot be broken; that he has done all he can do to encourage the lessee to clean up the property; that the lessee has done his best to do so; and that people don't always pick up their cars right away. CITY COUNCIL MINUTES 490 DECEMBER 4, 1978 Ignacio Abbattista, lessee and operator of the garage, said that when he was asked to clean out the vehicles he did so; that the nature of the business requires that vehicles be on the premises; that the cars that are there are being worked on; that his customers do not always have the cash money for the work being done, and they leave their cars until they have the money to pick them up. J. Ogden Markel, 1814 S. Parton Street also spoke in favor of the appeal. He stated that the service station has been in this location since 1946 serving the auto service needs of the neighborhood; that he knows of no citations for obstructions to law and order; that the garage does a tremendous service, has ample parking, and is in an area of many small public ser- vice establishments, and is not bad looking; and he urged Coun- cil to give attention to the miscellaneous operation of a ser- vice station, and in the interest of good community relations and good service to the people in the area, to keep the service station and garage open. There were no other speakers, and the Mayor closed the public hearing. Councilman Ortiz' motion, seconded by Councilman Brandt, to approve Appeal No. 399 reinstating Variance No. 77-33 and reversing the decision of the Planning Commission, was amended on the motion of Councilman Brandt, seconded by Councilman Bricken, carried 6:1, with Councilman Yamamoto dissenting, to continue the public hearing for a period of six months and to direct Staff to monitor compliance with the conditions of the variance and report to Council any violations. The general consensus of the Council during the discussion which preceded the vote on the amended motion was that the service station is performing a much needed service, but that the garage has been in violation of the variance conditions; Councilman Bricken commented that Council hopes the garage can operate successfully within the variance conditions; Mayor Evans and Councilman Brandt pointed out the probationary effect of Council's action to continue the public hearing. CA 13.3 USE OF CD BLOCK GRANT FUNDS Following the Mayor's HISTORIC BUILDING SURVEY announcement that this CONTINUED TO JANUARY 2~ 1979 was the time and place for the public hearing of the use of $6,000 in Community Development Block Grant Contingency Funds for a historic building survey by the Environ- mental Coalition of Orange County; the oral report by Community Development Coordinator Alice McCullough; and the comments by Hal Thomas and J. Ogden Markel; Council continued consideration of the matter for thirty days~ on the motion~of Councilman Bricken, seconded by Councilman Brandt, carried 6:1, with Councilman Ortiz dissenting. Mrs. McCullough reported that the State Office of Historic Preservation recently announced the availability of funds for community-based organizations for the purpose of conducting historical research surveys; that the Environmental Coalition has applied for one of these grants for a survey of four areas of the City of Santa Ana; that the State would grant $15,000 against $9,000 in-kind match, and $6,000 CDBG match; that both the CD Management Team and the Community Redevelopment Commis- sion have recommended approval with certain stipulations; that the Commission stipulations are listed in the report dated November 15, 1978, prepared by Redevelopment Executive Director Richard E. Goblirsch; that the conditions recommended by the Community Development Management Team are 1) that a portion CITY COUNCIL MINUTES 491 DECEMBER 4, 1978 of the $15,000 be used to hire a professional and recognized historian to be the director responsible for the study; 2) that at least one City staff or Commission member be included as a member of a criteria review board; and 5) that draft copies of final publication be reviewed by Planning Commission, Redevelopment Commission and the City Council before public distribution. The Acting Clerk of the Council reported that there were no written communications that were not already included in the Council materials (letter dated November 12, 1978 from Donna Minick, Secretary, "Old Courthouse & Museum Society"). Harold Thomas, Executive Director of the Environmental Coalition, stated that the conditions of the CD Management Team and the Redevelopment Commission were all acceptable to his organiza- tion; he reviewed the benefits to the City of the proposal: 1) City would spend $6,000 and receive $24,000 worth of bene- fit in return; 2) City would obtain a comprehensive report which would serve as a planning tool which exceeds the federal permit process requirements for all federally funded projects in the City; 3) the study would fulfill the mandates of the Historic Preservation Act of 1966. J. Ogden Markel, 1814 South Parton Street, stated that Santa Aha celebrated its Centennial about ten years ago, and that there are a few historical buildings in the City that have existed for 75 to 100 years; that it is not necessary to allocate funds for a historical study when he and other City historians would be glad to point out the buildings which have historical value in the City at no cost to the City. There were no other speakers, and the Mayor closed the public hearing. Councilman Bricken commented that Santa Ana has been well researched historically and that a number of publications and additional material exist by Charles Swanner, James Sleeper, Mrs. Weston Walker and others; he suggested that the proposed comprehensive report could possibly add something of value to the existing publications by relating historical information to specific sites; that these publications could be used for resource information, and Mr. Swanner and other City historians could be asked to help define the program design. Councilman Yamamoto questioned the legality of the use of the funds; Cougcilman Ward agreed with Councilman Bricken and pointed out that comprehensive historical information is mandatory for some of the City's Community Development and Redevelopment programs. CA 85.1 ORAL COMMUNICATION Wayne Rash, 16661 East WAYNE RASH McFadden Avenue, Apart- ELECTION CONSOLIDATION ment #35, Tustin, sug- gested that Council consider consolidation of the City's general municipal election with the Orange County School Board election in November 1979. CA 78 ORAL COMMUNICATION In response to a sugges- COUNCILMAN BRICKEN - SISTER CITY tion made by Councilman TECATE, MEXICO - ENDORSED Bricken that Council con- sider establishing a for- mal Sister City relationship with Tecate, on the motion of Councilman Bricken, seconded by Councilman Garthe, carried 6:1, with Councilman Yamamoto dissenting, Council endorsed the idea for consideration by citizens groups and the Sister City Commit- tee, of which Councilman Ortiz is a member. CA 67 CITY COUNCIL MINUTES 492 DECEMBER 4, 1978 RESOLUTION NO. 78-143 - APPEAL 394 Councilman Bricken's VA 78-41 938 N. GRAND AVE. motion to reconsider the ADOPTED following resolution, which had been acted upon during the afternoon meeting, was seconded by Councilman Ward, and unanimously carried 7:0; the resolution was adopted by a 4:3 vote, with Councilmen Brandt, Yamamoto and Ortiz dissenting, on the motion of Councilman Ward, seconded by Councilman Bricken: RESOLUTION NO. 78-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION. OF THE PLANNING COMMISSION DENYING VARIANCE APPLICATION NO. 78-41 AND DENYING APPEAL NO. 394. CA 13.3 ADJOURNMENT At 9:25 P.M. the meet- ing was adjourned by unanimous informal Council consent. Acting Clerk of the Council CITY COUNCIL MINUTES 493 DECEMBER 4, 1978