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HomeMy WebLinkAbout05-07-1979MINtFFBS OF THE RE61JLAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 7, 1979 The meeting was called to order at 2:05 p.m. in the City Council Chambers, 22 Civic Center Plaza, by Mayor James E. Ward. ROLL CALL PRESENT: Gordon Bricken, Daniel E. Griset, R.W. Luxembourger, J. Ogden Markel, A1 Serrato, James E. Ward, Harry K. Yamamoto None City Manager/Acting Clerk of the Council B.J. Thon~son; City Attorney Keith Gow; members of the staff and press. PLEDGE OF ALLEGIANCE INVOCAT ION Following the Pledge of Allegiance, the Invocation was given by Councilman Yamamoto. RECESS - REGULARMEETING At 2:09 p.m. Council recessed to convene HCUSING AUTHORITY the regular meeting of the Housing Authority. At 2:20 p.m. the Council reconvened with the same Council members present. PROCLAMATION PRESENTED - Mayor Ward presented a proclamation CRll~E PREVENTION WEEK supporting "Crime Prevention Week" - May 20-26, 1979, to Police Chief R. C. Davis. Chief Davis thanked Mayor Ward and Councilmen, and extended an invitation to all citizens to attend the Crime Prevention Fair to be held on May 26, 1979, in the Civic Center Plaza of the Sun from 10:00 a.m. to 4:00 p.m. CONSENT CALENDAR Item 1 was removed from the Consent ITEIRS Ri~VED & Calendar by Markel; Items 31 and 7B DISSENTING VOTES by Yamamoto; Item 12F by Luxembourger; Item 12D by Mayor Ward; and Items 2A, 3A, 3D, 3H, and 12B by Bricken. NO votes were registered by Yamamoto on Items 4A and 4F; Bricken and Mayor Ward on Item 4B; and Serrato on Item 4E. CONSENT CALENDAR STAFF RECCI~NDATI ONS APPROVED MOTION was made by Yamamoto, seconded by Bricken, to approve the staff recommendations on the following Consent Calendar items: AYES: BRICKEN, GRISET, LIPXEMBOURGER, MAR~EL, SERRATO, WARD, YAMAMOTO NOES: NONE BID CALLS Approved plans and specifications, and authorized advertisement for bids on the following: SPEC 79-041 - Breathing Apparatus System. ESTIMATED ANNUAL REQUIRtB4ENTS FOR PUBLIC WORKS: SPEC 790-111 SPEC 790-112 SPEC 790-118 SPEC 790-120 SPEC 790-121 SPEC 790-122 SPEC 790-135 Asbestos Cement Pipe Detector Check Valves Cast Iron Fittings for AC Water Pipe Gate Valves Butterfly Valves A&B Tapping Sleeves & Tapping Gate Valves A&B Fire Hydrants CITY COUNCIL MINUTES 141 MAY. 7, 1979 CONSENT CALENDAR STAFF RECOFIqENDATIONS APPROVED - Continued SPEC 790-136 SPEC 790-137 SPEC 790-138 SPEC 790-232 SPEC 790-235 SPEC 790-236 Cold Water Meters Domestic Cold Water Meters Fire Service Cold Water Meters Compound Asphaltic Emulsion Sealer Asphalt Concrete FOB Plant Trench Paving & Patching CA 89 PROJECT 5064 - Installation of Traffic Signals at 4th & Lacy Streets. PROJECT 8176 - Sidewalk replacement program (Revenue Sharing Item No. 37). CA 89 Approved plans and specifications, and authorized purchase of the following by utilizing County as Purchasing Agent: Annual Fire Hose Requirements. CA 89 BID AWARDS Awarded the following on the basis of lowest responsible and responsive bidder: SPEC 79-002 - Reconstruction of one city-owned street sweeper; awarded to FMC Corporation, Pomona, in the amount of $22,486.00. PROJECT 7218-A & 7219-A - Reconstruction of sidewalk, curb, and gutter in the Southwest and Northwest Central areas; awarded to Jezowski & Markel, Inc., Orange, in the amount of $72,338.00. PROJECT 8154 - Street repair and resurfacing backlog; awarded to Sully- Miller Contracting Company, Orange, in the amount of $169,927.80. PROJECT 8179, 8180, 8181 - Installation of traffic signal and lighting system at Edinger and Lyon, Warner and Wright, and Grand and St. Gertrude; awarded to Grissom and Johnson, Inc., Santa Aha, in the total amount of $103,602.00. CA 89 Rejected the following bids as being non-responsive: Sears - Item 1-13 and 1-18; The Suppliers - Item 1-25, 1-26, 1-27, Item 11-6 and 11-23; Omni Western - Item 1-27; Shamrock - Item 1-27 and 11-6; Western Fire Equipment - Item II-1 and 11-8; and Wardlaw - Item 11-22. Awarded the following on the basis of lowest responsible and responsive bidder: SPEC 79-003 - Fire fighting equipment; awarded Item II-1, 2, 5, 7-14, 17, 18, 20, 22-24, 27, 29, 32-34 to Halprin Supply Company, Los Angeles, in the total amount of $6,816.91; awarded Items 1-12,25, 25a and 11-12 to Knox Industrial Supply, Santa Ana, in the total amount of $186.61; awarded Items 1-6, 7, 24 and 28 to Shamrock, Santa Arm, in the total amount of $100.70; awarded Items 1-2, 4, 5, 8-11, 13-17, 19, 21, 26, and Items 11-15, 19, 28, 31 to the Suppliers, Buena Park, in the total amount of $764.27; awarded Items 11-6, 16, 21, and 25 to Wardlaw Fire Equipment Company, La Habra, in the total amount of $826.85; awarded Items 11-3, 4, 26, and 30 to Western Fire Equipment Company, Orange, in the total amount of $1,023.11; and awarded Items I-1, 3, 18, 20, 22, and 23 to Omni Western, Fullerton, in the total amount of $157.09. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report of the following: LEE, San Week & Yong Seek - 1812 W. Edinger - Person-to-person transfer - Type "20" Off-sale beer & wine. Yamamoto registered a NO vote. (Agenda Item 4A). CITY COUNCIL MINUTES 142 MAY 7, 1979 CONSENT CALENDAR STAFF REC(lV~ENDATIONS APPROVED - Continued DAVIS, Robert Lee & Marianne B. - 1130 S. Bristol - Original - Type "20" Off-sale beer & wine. Bricken and Mayor Ward registered NO votes. (Agenda Item 4B). HA/TEN, John H. - 1400 W. McFadden #5 - Premises-to-premises transfer - Type "41" On-sale beer & wine (bona fide public eating place). CA 146 SOUTHLAND CORP. - 902 W. Edinger - Original - Type "20" Off-sale beer & wine. PROTEST - Variance required. CA 146 LUNA, Jose M. ~ 3301 W. First - Original - Type "41" - On-sale beer & wine (bon~ fide public eating place). PROTEST - High crime rate & overconcentration in area; Minor Exception required. Serrato registered a NO vote. (Agenda Item 4E). CA 146.1 MC CABE, Hubert Lee - 1238 E. Edinger - Person-to-person transfer- Type "42" On-sale beer & wine (public premises). Yamamoto registered a NO vote. (Agenda Item 4F). CA 146 VARIANCE Approved and filed Negative Declaration and Planning Commission Finding of Fact on the following: NEGATIVE DECLARATION & VA 79-9 - Filed by Gerard J. Viollet to allow a machine shop at 1800-1814 S. Standard Avenue in the C1 District. DENIED. CA 13 DEED WITH CASH & ESCROW Approved the following deed and authorized GRANTEE CITY Mayor to sign all necessary documents in connection with the purchase: RUTH SCHELL - Southeast corner of Main Street a~d Owens Drive for street purposes. CA 155 DEEDS NO CASH GRANTOR CITY Authorized execution of the following deeds by Mayor and Clerk: RALPH E. & SARAH J. BAU~N - East side of Grand, south of Fairhaven for vehicular access rights. ROBERT C. R]~ICK - Northwest corner of First and Maxine for vehicular access rights. STANDARD SERVICE CORPORATION - North side of Warner, west of Grand for vehicular access rights. CA 155 TENTATIVE PARCEL MAP Approved and filed Negative Declarations TENTATIV~ TRACT MAP and approved the following maps subject to conditions in Planning Director's reports; waived alley requirement for Tract 10680. NEGATIVE DECLARATION & PARCEL MAP 1093 - Filed on January 30, 1979, by United States Postal Service, et al Western Region, creating two C2 parcels; both proposed parcels to be used for comrercial purposes; generally located on the south side of First Street approximately 527' east of Raitt Street. CA 25 CITY COUNCIL MINLr[~S 143 MAY 7, 1979 CONSENT CALENDAR STAFF RBCCI~ENDATIONS APPROVED - Continued NEGATIVE DECLARATION & TRACT MAP 10680 - Filed on February 22, 1979, by Goldrich, Kest & Stern, creating 2 SD lots; both proposed lots to be used for residential condomini~ns; generally located on the northeast corner of First and Flower Streets. CA 24 FINAL PARCEL MAP FINAL TRACT MAP Approved the following maps, and accepted the dedications thereon: PARCEL MAP 1085 - North of First Street, west of Newhope Street; 3 lots. CA 25.2 TRACT MAP 10602 - South side of Warner Avenue, 200 feet west of Bristol Street; 1 lot. CA 24 C0~PLBTION OF IMPROVEMENTS Authorized release of performance, monument, labor and material bonds on the following: TRACT 9627 - East side of Fairview north of Edinger. TRACT 9699 - Southeast corner of Civic Center Drive and Raitt Street. TRACT 9842 - Lehnhardt Avenue west of Euclid Street. CA 24 CHANGE ORDERS Approved the following change orders: PROJECT 1373 - Construct Flower Street from Civic Center Drive to 17th Street; Change Order #3, increasing total cumulative amount to $7,638.00. PROJECT 2056 - Replace median mounted signal standards; Change Order #4, increasing total cumulative amount to $6,346.00. CA 89 SURPLUS PROPERTY negotiations: Declared the following property surplus, and authorized the sale to adjacent property owner by direct SPR NO. 79-2 - East side of Maple, north of McFadden; parcel is approximately 169' X 3'; purchased by City in connection with Bike Trail. CA 45 AGRB~4ENTS Approved the following agreements and authorized execution by Mayor and Clerk: ENGINEERING SERVICES - WIDENING OF EUCLID STREET BE~VEEN EDINGER & 17TH, AND FIRST STREET BETWEEN SANTA ANARIVER & ~ST CITY LIMITS - Between City and Engineering Science for performance of environmental engineering services for PROJECT 7054. A-79-48 ANIMAL SHELTER SERVICES - Between City and County to extend for one year from July 1, 1979, through June 30, 1980, the existing agreement, and to provide additional services. A-79-50 CONCESSION AGREEMENT - b~MORIAL PARK - Between City and Santa Ana Southwest Little League, Inc. and Santa Ana Pop Warner Football, Inc. for park concession. A-79-52 CITY COUNCIL MINUTES 144 MAY 7, 1979 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued LEGAL SERVICES - Between City and Kinkle, Rodiger & Spriggs to assist in defense of actions for damages against the City. A~79-54 LIABILITY CLAIMS Referred to administration claims received from April 11 to May 1, 1979. CA 65.7B COUNCIL REFERRAL SU~RY Received and filed status report of matters referred to staff by Council; deleted items as recommended. CA 80.2 PROCLAMATIONS Received and filed report of Proc- lamations issued by the Mayor from April 11 to May 1, 1979. CA 46 CONSENT CALENDAR FINIS * ~ ~ * * * MINUTES Councilman Markel requested that the Minutes of the Regular Meeting held on April 16, 1979, be amended by inserting the following paragraph in~nediately preceding the Recess for the Regular Meeting of the Comnunity Redevelopment Agency, Page 125: "Councilman Markel left the Council circle so that his presence in the Council Chamber would give no idea of his participation in the Com- munity Redevelopment Program." The City Attorney stated that the minute entry requested by Councilman Markel would probably be in the Minutes of the Con~nunity Redevelopment Agency, rather than the Council Minutes. The Mayor directed staff to include Councilman Markel's remarks in the Minutes of the Con~nunity Redevelopment Agency. MOTION was made by Yamamoto, seconded by Griset, to approve the following minutes: Regular Meeting - March Regular Meeting - April Special Meeting - April Regular Meeting - April Regular Meeting - April Adjourned Regular Meeting - April Adjourned RegularMeeting - April 19, 1979 2, 1979 6, 1979 10, 1979 16, 1979 25, 1979 27, 1979 AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAIvDTO NOES: NONE BID CALL - SPEC 79-015 Following Council discussion as to BID AWARDS - SPEC 78-036 & whether or not there is real need for SPEC 79-008 - TRUCKS replacement of full-sized trucks, and REMOVED FRO~AGKNDA the suggestion by Councilman Bricken that staff examine a utilization policy which would stress acquisition of smaller vehicles, MOTION was made by Bricken, seconded by Luxembourger, that the following items be deleted from the Consent Calendar and be referred back to staff for feasibility study of use of smaller trucks by City personnel. SPEC 79-015 - One Pickup Truck for Fublic Works Department (replacement). (A~enda Item ZA) SPEC 78-036 - One Pickup Truck for Public Works Department (replacement). (Agenda Item 3A) SPEC 79-008 - One truck for Recreation & Parks Department. (Agenda Item 3D) CITY COUNCIL MINUTES 145 May 7, 1979 AYES: NOES: BID JBqARDS APPROVED BRICKEN, GRISET, LUXE~BOURGER, MARI~EL, ~SERRATO, WARD, YAMAM~TO NONE MOTION was made by Bricken, seconded by Griset, to award the following on basis of only responsible and responsive bidder: SPEC 78-040 - One Root Cutter and Trailer; awarded to Vermeer-California, Ontario, in the total amount of $16,805.24. (Agenda Item 3 D) AYES: BRICKEN, GRISET, LUXKMBOURGER, MARl(EL, SERRATO, WARD, YAMAMOTO NOES: NONE MOTION was made by Bricken, seconded by Ward, to award the following on basis of lowest responsible and responsive bidder: SPEC 78-025 - Quadrant "B" Tree Trimning, including Base Bid, Add-On Alternatives 1-4, and Addendum 1; awarded to Callahan Tree Trimming, Inc., Hacienda Heights, in the total amount of $55,900.00. (Agenda Item 3 H) AYES: BRICKEN, GRISET, LUXI~4BOURGER, MARKEL, SERRATO, WARD, YAMA~ NOES: NONE MOTION was made by Bricken, seconded by Griset, to approve plans and specifi- cations, and authorize the Purchasing & Property Control Officer to advertise for emergency bid call and report back to Council in thirty days on the following: PROJECT 6152 - Construction of Chain Link Security Fencing at Santa Aha Zoo in Prentice Park. (Agenda Item 3 I) AYES: BRICKEN,.GRISET, LUXEMBOURGER, MARl<EL, SERRATO, WARD, YTBiA~TO NOES: NONE CA 89 TENTATIVE TRACT MAP 10515 MABURY & 15TH STREET APPROVED in Planning Director's report: MOTION was made by Bricken, seconded by Luxembourger, to approve and file Notice of Exemption, and approve the following map, subject to conditions NOTICE OF EX--ION & TRACrMAP 10515 - Filed on January 23, 1979, by Cabrillo Park, creating five R4 lots; all proposed lots to be used for residential condomini~mts; generally located on the southeast corner of Mabury and Fifteenth Streets. AYES: BRICKEN, GRISET, L~URGER, MARK~L, WARD NOES: SERRATO, YAMANDTO CA 24 JOIN7 WELL FIELD PROJECT Councilman Bricken emphasized a need PILOT WELL AGRE~V~NT for caution and the greatest reserva- APPROVED tions in proceeding with the joint well field proposal. In response to Mayor Ward's question, the Director of Public Works assured Council that the agreement is for instituting the pilot well, and should that prove productive and feasible that staff will consider a recommendation to continue into the well field, and that any further participation by the City would require Council approval. MOTION was made by Bricken, seconded by Markel, to approve the agreement between the City and various agencies for conjunctive groundwater storage production test, and to authorize its execution by Mayor and Clerk. AYES: BRICKEN, GRISET, LUXI~MBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE A-79-49 CITY COUNCIL MINUTES 146 May 7, 1979 CONCESSION AGRE~4ENT EXTENSION MOTION was made by Bricken, seconded EDDIE WEST FIELD - SANTA ANA by Griset, to approve the extension STADIUM - APPROVED of the agreement between City and Joe A. & Phyllis S. Barnes for con- cession at Eddie West Field - Santa Ana Stadium, to August 31, 1979. A~ES: BRICKEN, GRISET, L~URGER, MARKEL, SERRATO, YAMAMOTO NOES: WARD A-79-51 MOTION was made by Bricken, seconded by Yamamoto, to instruct staff to consider development of a Master Concession Plan for the City, considering all aspects of the City's concession arrangements in City facilities, and to consider whether or not extensions of existing concessions are in the best interests of service to the public and the City employees. AYES: BRICKEN, GRISET, LUX~MBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE AGREIIV~iNT FOR SPANISH MOTION was made by Bricken, seconded TRANSLATION SERVICES by Yamamoto, to refer to Budget study REFERRED TO BUDGET STUDY the proposed agreement between City and Analia S. Riggle to provide Spanish translation services as required by City departments for formal docoments, notices and correspondence. AYES: BRICKEN, GRISET, LUXI~OURGER, MARKEL, SBRRATO, WARD, YAMAMOTO NOES: NONE A- 79- 53 Councilman Bricken requested that staff consider creation of a permanent City position for the purpose of providing this function. ORDINANCE NO. NS-1470 OFFSTREET PARKING - SET FOR PUBLIC HEARING - JUNE 4 hearing on June 4: MOTION was made by Yanmmoto, seconded by Bricken, to set the following ordinance, as recomendedby the Planning Commission, for public ORDINANCE NO. NS-1470 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING pARAGRAPH (E) OF SECTION 41-607 OF THE SANTA ANA MUNICIPAL CODE TO SPECIFY THE YARD AREAS WHICH MAY NOT BE USED FOR OFF-STREET PARKING OR STORAGE OF PERSONAL PROPt~TY. AYES: BRICKEN, GRISET, LUXt~MBOURGER, MARK~L, SERRATO, WARD, YAMAMOTO NOES: NONE CA 18 ORDINANCE NO. NS-1483 A.A. NO. 811 - SOUTH SIDE OF FIFTH STREET SECOND READING; ADOPTED MOTION was made by Yamamoto, seconded by Bricken, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1483 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENIIMENT APPLICATION NO. 811 TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF FIFTH STREET BETWEEN HARBOR BOULEVARD AND MOUNTAIN VIEW STREET FROM THE A1 (AGRICULTURE) DISTRICT TO THE R2 (MULTIPLE-FAMILY RESIDENCE) DISTRICT AND AMENDING SECTIONAL MAP NO. 9-S-10. AYES: BRICKEN, GRISET, LUX~URGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 10 ORDINANCE NO. NS-1485 POSSESSION OF FIREARMS BY MINORS CONTINUED TO MAY 21 MOTION was made by Bricken, seconded by Griset, to continue consideration of the following ordinance to May 21, 1979: CITY COUNCIL MINUTES 147 May 7, 1979 ORDINANCE NO. NS-1485 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 10-176 TO THE SANTA ANA MUNICIPAL CODE RELATING TO TI-lB FOSSESSION OF FIREARMS AND BIvNUNITION BY A MINOR AND FURNISHING FIREARMS OR A~MUNITION TO A MINOR. AYES: BRICKEN, GRISET, LUXE~BOURGER, MARK~L, SERRATO, WARD, YAMAMOTO NOES: NONE CA 47 RESOLUTION NO. 79-68 STATE LABOR CODE ADOPTED MOTION was made by Griset, seconded by Bricken, to adopt the following resolution: RBSOLUTION NO. 79-68 - A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE STATE LEGISLATURE TO AMEND SECTION 3202 OF THE lABOR CODE OF THE STATE OF CALIFORNIA RELATING TO WORK~RS' COMPENSATION. AYES: BRICKBN, GRISET, LUXINBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 57 RESOLUTION NO. 79-69 ABANDOhNENT - MARTHALANE ADOPTED - SET FOR HEARING MAY 21 MOTION was made by Bricken, seconded by Luxembourger, to adopt the follow- ing resolution and set the matter for public hearing on May 21: RESOLUTION NO. 79-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A FORTION OF MARTHA lANE WEST OF BRISTOL STREET AND A PORTION OF PACIFIC AVENUE NORTH OF WASHINGTON AVENUE, APPROVING A MAP THEREOF, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED. AYES: BRICI<IiN, GRISET, LUXtiMBOURGER, MARKEL, SBRRATO, WARD, YAMAMOTO NOES: NONE CA 14 RESOLUTION NO. 79-70 - PARCEL 1030 SOLr~t SIDE OF 17TH, EAST OF ENGLISH EXTENSION - ADOPTED MOTION was made by Bricken, seconded by Ward, to adopt the following resolution: RESOLUTION NO. 79-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME AT WHICH TENTATIVE PARCEL MAP NO. 1030 SHALL EXPIRE. AYES: BRICKEN, GRISET, L~URGER, MARKBL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 25 SEPARATE CALTRANS DISTRICT Council considered the request dated FOR ORANGE COUNTY April 13, 1979 from the Transportation SUPPORTED Advisory Committee, and letter dated April 6, 1979 from Assemblyman Dennis Mangers, recommending support of AB 663, creating a separate CALTRANS (California Department of Transportation) District #12, consisting of Orange County only; and the letter dated April 27, 1979 from Assemblymmn Richard Robinson, informing Council that AB 663 was subsequently amended to delete all reference to a new State Transportation District for Orange County. MOTION was made by Griset, seconded by Bricken, that Council continue to support the separation of transportation districts. AYES: BRICKEN, GRISET, LUX~URGER, MARKBL, SERRATO, WARD, YAMAMOTO NOES: NONE Councilman Bricken requested that the Mayor direct a letter to Assemblyman Robinson thanking him for his cogent description of the amendments to AB 663. CA57 CA 113.5 CITY COUNCIL MINUTES 148 May 7, 1979 REQUEST FOR SUPPORT In response to the recomnendation of YELLOW CAB FUEL ALLOCATION the Transportation Advisory Committee SUPPORTED in a letter dated April 13, 1979, and the report dated April 19, 1979, prepared by the Traffic Engineer, MOTION was made by Bricken, seconded by Serrato, to support Orange Coast Yellow Cab, Inc. 's application to the U.S. Department of Energy for additional fuel allocation. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARl<EL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 26.1 KIWANIS CLUB REQUEST WAIVER OF FEE - SHOWMOBILE DENIED in the Plaza of the Sun, contained in the Kiwanis Club. MOTION was m~debyYamamoto, seconded by Markel, to deny the request for waiver of fee (retroactive) for use of the showmobile for Holy Week services letter dated March 30, 1979, from the AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 45.1 GIRL SCOUTS REQUEST MOTION was made by Bricken, seconded WAIVER OF FEE - ANNEX by ~rkel, to grant the request APPROVED received in the letter dated April 12, 1979, from Community Girl Scout Leader Dorothy Gee for waiver of fee in the amount of approximately $45.00 for use of the Annex auditorium for a Girl Scout recognition ceremony on or about May 25, 1979. AYES: BRICI<EN, GRISET, LUXt~4BOURGER, MARl<EL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 45.1 PLANNING CO~B~ISSION DENIAL MOTION was made by Bricken, seconded REVOCATION OF CUP 78-3 by Ward, to refer to staff the 1101 W. MAC ARTHUR letter dated April 17, 1979, from REFERRED TO STAFF James P. Caristi, 1001 West MacArthur Blvd., Apt. 112, requesting Council review of determination by the Planning Commission that grounds for revocation of Conditional Use Permit 78-3 are inadequate. AYES: BRICKEN, GRISET, L~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 13.4 REQUEST FOR CONTRIBUTION MOTION was made by Bricken, seconded ORANGE COUNTY HOTLINE by Yamamoto, to refer to staff for REFERRED TO BUDGET STUDY inclusion in the Budget study process the request contained in the letter dated April 16, 1979, from Myldred E. Jones, President, West Orange County Hotliue, requesting a financial contribution from the City in support of the Hotline crisis services. AYES: BRICKEN, ORISET, LUXEMBOURGER, MAR~EL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 9.4 PETITION FOR STREET CLOSURE MOTION was made by Yamamoto, seconded RENE DRIVE; OCCIDENTAL STREET by Luxembourger, to refer to staff for REFERRED TO STAFF report to Council in thirty days the petition containing 120 signatures sub- mitred by Merle G. Pautsch, 1622 S. Joane Way, requesting closure of Rene Drive south of Occidential Street and Occidental Street east of Rene Drive. AYES: BRICKEN, GRISET, LUXt~vlBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 29.1 CITY COUNCIL MINUTES 149 MAY 7, 1979 AFFIRMATIVE ACTION PROGRAM MOTION was rode by Yamamoto, seconded FIVE YEAR REPORT by Serrate, to receive and file the RECEIVED & FILED Affirmative Action Five Year Report (1978), which reported the success of the Program in surpassing the five year goal established in 1973. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 50.4 RIGHT OF WAY CERTIFICATION MOTION was made by Bricken, seconded NORTH MAIN STREET - AHFP 901 by Luxembourger, to authorize execution APPROVED by the Mayor of the Right of Way Certification for the widening and improvement of North Main Street between Bachman Drive and north City limits. AYES: BRICKEN, GRISET, LU~BOURGER, MAR~EL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 29.6 BID CALL - PROJECT 1394 MOTION was made by Griset, seconded WIDEN MAIN STREET by Bricken, to approve plans and APPROVED specifications and authorime advertise- ment for bids for PROJECT 1394 - Widen Main Street from Bachman Drive to 280' north of Owens Drive. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 89 PROPOSED SANITARY SEWER FEES Following consideration of the report DIRECTED STAFF TO dated April 27, 1979, prepared by the PREPARE RESOLUTION Public Works Depar~nent, MOTION was made by Bricken, seconded by Markel, to direct staff to prepare a resolution to establish a new schedule of sanitary sewer cormection fees based upon anticipated sewer usage. AYES: BRICRBN, GRISET, LUXEMBOURGER, MARl<EL, SERRATe, WARD, YAMAMOTO NOES: NONE CA 70 SANTIAGO CREEK CORRIDOR MOTION was made by Luxembourger, EMAALTERNATIVE APPROACH seconded by Markel, to endorse the APPROVED alternative approach developed by the Orange Co~mty Environmental Management Agency, which re-evaluates the specific plan for the i~rovement of the Lower Santiago Creek Corridor, outlined in the report dated April 30, 1979, prepared by the Director of Public Works, and as approved by the Santa Aha Citizens Advisory Cormnittee and North Santa Ana Homeowners Association. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATe, WARD, YBMAMOTO NOES: NONE CA 112.16 RECESS At 3:55 p.m. a recess was declared; at 4:05 p.m. the meeting was reconvened with all Council members present. RELOCATION OF BUS STOP MOTION was made by Bricken, seconded CUBBON AT MAIN by Griset, to receive and file the REPORT - RECEIVED & FILED report dated April 25, 1979, prepared by the Traffic Engineer, regarding the relocation of the bus stop from the north side of Cubbon east of Main to the north side of Cubbon west of Cypress (referred to staff on April 2, 1979). AYES: BRICKEN, GRISET, LUXt~OURGER, MARKEL, SERRATe, WARD, YAMAMOTO NOES: NONE CA 84 CITY COUNCIL MINUTES 150 MAY 7, 1979 BUS SHELTER PROGRAM Rudy Montejano, 1600 North Broadway, STATUS REPORT representing Convenience & Safety REFERRED BACK TO STAFF Corp,, requested clarification of the six-month evaluation period for the bus shelters authorized by Council on March 19, 1979. He stated that the bus shelter companies (American Bus Shelter, Convenience & Safety Corporation and Eko Shelter Ads) would require long-term seven-year contracts in order to obtain the necessary financing, and that it was his understanding that if any company had not produced within the six months evaluation period, its contract would be cancelled. Following consideration of the report dated April 27, 1979, prepared bythe Traffic Engineer, MOTION was made by Markel, seconded byYamamoto, to refer the matter back to staff for clarification of proposed bus shelter contracts and report to Council on May 21, 1979. AYES: BRICKEN, GRISET, LUX~qBOURGER, MARK~L, SERRATO, WARD, YAMAMOTO NOES: NONE CA 84 APPLICATION FOR LEAA GRANT Pursuant to the request contained in VISUAL SUPERVISION OF PRISONERS the report dated April 23, 1979, pre- POLICE CHIEF - AUTHORIZED pared by the Police Department, MOTION was made by Bricken, seconded by Yamamoto, to authorize the Police Chief to submit a Law Enforcement Assistance Administration grant application for $9,500 in federal funds, matched by $5,500 local funds, on behalf of the City, in order to provide visual supervision by video monitoring of arrested persons held in temporary facilities, as required by State Administrative Code. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 47 PLAQUE PRESENTATIONS As requested in the report dated UCI RESEARCH TEAM April 27, 1979, prepared by the APPROVED Fire Department, MOTION was made by Griset, seconded by Serrato, to honor Dr. Robert Newcomb and Mr. Mike Migalski, in appreciation for exceptional services rendered to the Fire Department in directing the Department's nationally recognized research program for evaluation of the level of fire prevention aware- ness in the City and the efficiency of the fire public education programs. AYES: NOES: BRICKEN, GRIST, LUX~qBO~GER, MARK~L, SERRATO, WARD, YAMAMOTO NONE CA 151.9 CA 64 RFJtABILITATION LOAN COUNSELING Following consideration of the report HUD 312 PROGRAM dated April 25, 1979, prepared by the DIREC¥~D STAFF Building Safety and Housing Director, pertaining to use of private consulting firms for HUD (Housing and Urban Development) 312 loan counseling services, MOTION was made by Yamamoto, seconded by Luxembourger, to direct staff to perform and expedite HUD 312 loan counseling services in-house, with permanent and contract staff, with costs to be paid from Cmmnunity Development Block Grant funds. AYES: NOES: BRICKEN, GRISET, LUXE3tBOURGER, SERRATO, WARD, YAMAMOTO MARKEL CA 87 CENTENNIAL REGIONAL PARK MOTION was made by Bricken, seconded PHASE I CONSTRUCTION by Yamamoto, to authorize advance PAYMENT AUTHORIZED partial payment of $124,050 from Capital Outlay Account to Orange County Harbors, Beaches and Parks District, for construction Of Phase I of Centennial Regional Park, said payment to be reimbursed by the Land and Water Conservation Fund grant to be received by the City, reconmended in the report dated April 4, 1979, from the Director of Recreation and Parks. AYES: BRICKEN, GRISET, LUX~qBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 112.16 CITY COUNCIL MINIrl~S 151 May 7, 1979 CENTENNIAL PARK DRAINAGE As recommended in the report dated ASSESS~IENT FEES - A.A. #167 April 20, 1979, prepared by the APPROVED Director of Recreation and Parks, MorION was made by Bricken seconded by Yamamoto, to approve Appropriation Adjustment #167, transferring $89,175 from City Council Capital Reserve Account to Acquisition and Development Fund-Southwest Account, with anticipated reimbursement to City from collection of fees from eventual concessionaires, for drainage assessment fees for development of Centennial Park. AYES: NOES: BRICKEN, GRISET, LUXIiMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 65.3 CA 112.16 LITTLE LEAGUE FIELD MAINTENANCE MOTION was made by Bricken, seconded COOPERATION WITH CITY by Ward, to receive and file the REFORT - RECEIVED & FILED report dated April 27, 1979, prepared by the Director of Recreation and Parks, outlining a plan for volunteer labor by Little League to reduce City maintenance costs and preclude the assessment of special use fees for use of City facilities for the worthwhile Little League program. AYES: BRICKEN, GRISET, LUX~qBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 9.4 STADIUM MUSICAL CONCERTS TME PRODUCTIONS EWTcNT APPROVED by Bricken, seconded by Luxembourger, to Pursuant to the reconmendation con- tained in the report dated April 27, 1979, prepared by the Director of Recreation and Parks, MOTION was made 1) Approve the use of Eddie West Field - Santa Aha Stadi~n by TME Productions for a musical program on May 20, 1979, designated as '~omegrownJam . . Orange County Style," using local Orange County talent; and A-79-55 2) Approve in concept the execution of individual contracts for future musical concerts by T~M Productions pending staff's follow-up report to Council on the success of the initial program. CA 52.8 AYES: BRICKEN, GRISET, L~OURGER, MARl(EL, SERRATO, WARD, YAMAMOTO NOES: NONE TEAM RODEO EVENT As requested in the report dated SALE OF BEER AT STADIUM April 26, 1979, from the Recreation APPROVED and Parks Department, MOTIONwas made by Bricken, seconded by Luxembourger, to approve the sale and consumption of beer and Eddie West Field - Santa Aha Stadi~n'for adult-oriented team rodeo event to be held on May 11, 12 and 13, 1979. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD NOES: YAMAMOTO CA 52.8 CHARITY FOOTBALL GAME Following consideration of the report USE PERMIT & SALE OF BEER dated April 26, 1979, prepared by the APPROVED Recreation and Parks Department, MOTION was made by Bricken, seconded by Ward, to approve staff execution of the City's standard "Permit to Use" at the flat rate of $595.00 for use of Eddie West Field - Santa Aha Stadium for COP'er Bowl event. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 52.8 CITY COUNCIL MINIII~S 152 May 7, 1979 MOTION was made by Bricken, seconded by Serrato, to approve the sale Of beer at the Stadiu~m for the adult-oriented COP'er football game. AYES: BRICKBN, GRISET, LUXtB~OURGER, MARKEL, SERRATO, WARD NOES: YAMAMOTO CA 52.8 RETNSTAT~MENT OF CITY M~BERSHIP MOTION was made by Serrato, seconded ORANGE COUNTY LEAGUE OF CITIES by Bricken, to authorize payment of PAYMBNT OF DUES - APPROVED $2,768.00 dues assessment for fiscal ~ year 1978-79, to the Orange County Division, 'League of California Cities, for reinstatement of the City's membership in that organization with the following stipulations: 1) The City Council continues support of the "one-man one-vote" policy so that cities with larger populations will have proportionate representation in the Orange County Division; and 2) Council directs City elected and staff representatives to the League to work within the Orange County Division to change its bylaws to require that larger cities have representation on all major Division, City/County, regional or State committees, com- missions or boards, i.e., LAFCO, OCTD (Local Agency Formation Co~nission, Orange County Transit District); following consideration of the report dated April 27, 1979, prepared by the Assistant City Manager, outlining the advantages and disadvantages of member- ship in the Orange County Division of the League. AYES: BRICKEN, GRISET, LUXI~OURGER, MARKEL, SERRATO, WARD NOES: YAMAMOTO CA 148.1 MOTION was made by Luxembourger, seconded by Yammmoto, to appoint Mayor Ward delegate and Vice Mayor Bricken alternate representatives to the Orange County Division of the League of California Cities. AYES: BRICKEN, GRISET, L~URGER, MARKEL, SBRRATO, WARD, YAMAMOTO NOES: NONE CA 80.1 INSURANCE RFAPEWAL In response to the request for Council SELF-INSURED PROGRAM action from the City Attorney, dated- BID PROPOSALS - AUTHORIZED May 2, 1979, MOTION was made by Yamamoto, seconded by Serrato, to authorize solicitation for proposals prior to consideration of insurance renewal effective July 1, 1979, for City's self-insured program, including public liability, workers' compensation and other coverages; and to request a staff report and recommendation. PUBLIC WORKS SBWER MAIN¥BNANCE APPROPRIATION ADJUST #165 APPROVED AYES: BRICKEN, GRISET, L~OURGER, MARKEL, SERRATO, WARD, YAMAMDTO NOES: NONE CA 88'$m MOTION was made by Bricken, seconded by Yamamoto, to approve Appropriation Adjustment #165, transferring $?,S00 from Public Works-Street Lighting to Public Works-Sewer Maintenance, to provide funds for the higher cost of new sewer maintenance equipment from surplus funds in the street lighting account. AYES: BRICKBN, GRISET, L~URGER, MARKBL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 65.3 CA 70 RECONSTRUCTION OF EDGE~DOD ROAD MOTION was made by Bricken, seconded APPROPRIATION ADJUSTMENT #182 & by Griset, to approve Appropriation BID CALL - APPROVED Adjustment #182, transferring unused SIDEWALKS - REFERRED TO STAFF Revenue Sharing Funds from PROJECT 8096 (Lyon Street from Normandy Place to 330' north, $8,500) and PROJECT 8154 (Street Repair & Resurfacing Backlog, $13,500) to PROJECT 8163 (Reconstruction of Edgewood Road from Main to Santiago, $22,000). CITY COUNCIL MINUTES 153 May 7, 1979 AYES: BRICKEN, GRISET, LUXI~URGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 65.3 MOTION was made by Bricken, seconded by Serrato, to approve plans and specifica- tions and authorize advertisement for bids for PROJECT 8163 - Reconstruction of Edgewood Road from Main to Santiago AYES: BRICKEN, GRISET, LI~OURGER, MARKBL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 89 MOTION was made by Bricken, seconded by Griset, to request staff to consider the feasibility of including sidewalk construction at the same time as the recon- struction of Edgewood Road. AYES: BRICKEN, GRISET, LID~URGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 35 ALLOCATION OF UNEXPENDBD TITLE IIB FUNDS - A.A. #183 & MANPOWER AGRE~ENT - APPROVED Pursuant to the report dated April 30, 1979, prepared by the Manpower Project Coordinator, MOTION was made by Yamamoto, seconded by Serrato, to l) Approve allocation of $440,403 in CETA (California F~nployment Training Act) carryover funds from Fiscal Year 1978 to Youth Development Program, Operation SER (Service, Employment, Redevelopment), OIC (Opportunities Industrialization Center), PAAC (Pacific AsianAmerican Center), and Rancho Santiago Co~nunity College District, as recommended in the staff report; CA 131.11 2) Authorize Mayor to execute CETA Title liB contract modification between City and Orange County Manpower Commission for additional $25,000 funding for operation of Youth Development Program; and A-79-56 3) Approve Appropriation Adjustment #183, transferring $25,000 from Anticipated Revenue to CETA Title lib Work Experience program. CA 65.3 AYES: BRICKBN, GRISET, LU~OURGER, SERRATO, WARD, YAMAMOTO NOES: MARXEL R~I~INING AFTERNOON AGENDA CONTINU]~ TO EVENING SESSION MOTION was made by Bricken, seconded by Serrato, to continue the items remaining on the afternoon agenda to the evening Council session. AYES: BRICKI~, GRISET, L~OURGER, MARK~L, SERRATO, WARD, YAMAM(Yro NOES: NONE RECESS - EXECUTIVE SESSION At 5:00 p.m. Council recessed to RECESS - DINNER Executive Session for discussion of RECONVENED legal matters. At 5:50 p.m. Council reconvened and irmnediately recessed to dinner at the Kono Hawaii restaurant. At 7:35 p.m. the meeting was reconvened in the Council Chambers with all Council members present. I~O~TION ~ OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Pastor George Dunivent, Silver Acres Community Church. SPECIAL PRESENTATIONS Councilman Yamamoto presented a PROCLAMATION - HENRY COUSIN proclamation to Police Officer Henry TILE PLAQU~ - ROBERT KOHL Cousin, commending Officer Cousin for his proper, professional action, above a_nd beyond the normal call of duty, on March 11, 1979, meriting the Class A recognition of the Santa Ana Police Department. CA 46 A City Seal tile plaque was presented to Robert C. Kohl, in appreciation for his services to the City as a former member of the Library Board, by Councilman Markel. CA 151.9 CITY COUNCIL MINUTES 154 May 7, 1979 PUBLIC HEARING The Mayor opened the public hearing AMENDMENT APPLICATICN NO. 807 to consider Negative Declaration and SCUTH SIDE OF WARNER AVENUE Amendment Application No. 807 to ORDINANCE NO. NS-1486 - 1ST READING rezone property located on the south side of Warner Avenue, between Bristol Street and Pacific Avenue from the C2 (General Co~nercial) and C4 (Planned Shopping Center) Districts to the R4 (Suburban Apartment) District. Associate Planner, Dave Gunderman, su~mmrized the information contained in the report dated March 7, 1979, prepared by the Planning Department. The Deputy Clerk of the Council reported there Were no written communications. Douglas Dodds, 1020 N. Broadway, spoke on behalf of the applicant in support of the Planning Commission recommendation for approval of the Amendment Application. There were no speakers for or against the Amendment Application. The Mayor closed the public hearing. MOTION was made by Yamamoto, seconded by Luxembourger, to approve and file the Negative Declaration, place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1486 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 807 TO REZONE PROPERTY LOCATED ON THE SOLFFH SIDE OF WARNER AVENUE, BETWEEN BRISTOL STREET AND PACIFIC AVENUE FROM THE C2 (GENERAL CC~RCIAL) AND C4 (PLANNED SHOPPING CENTER) DISTRICTS TO THE R4 (SUBURBAN APARTMENT) DISTRICT AND AMENDING SECTIONAL ~l~ NO. 26-5-10. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 10 PUBLIC HEARING The Mayor opened the public hearing to A~NDMENT APPLICATION NO. 812 consider Negative Declaration and SOUTH SIDE OF FIRST STREET Amendment Application No. 812 to rezone ORDINANCE NO. NS-1487 - 1ST READING property located on the south side of First Street between McClay and Lyon Streets, from the C2 (General Con~nercial) and Ri (Single Family Residential) Districts to the C5 (Arterial Commercial) District. The Associate Planner summarized the information contained in the report dated March 27, 1979, prepared by the Planning Department. The Deputy Clerk of the Council reported there were no written communications. There were no speakers for or against the Amendment Application. The Mayor closed the public hearing. Following Council discussion, MOTION was made by Yamamoto, seconded by Luxembourger, to approve and file the Negative Declaration, place the following ordinance on first reading, and authorize publication of title, and carried unanimeusly 7:0. ORDINANCE NO. NS-1487 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 812 TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF FIRST STREET BETWEEN MC CLAY AND LYON STRUTS, FRCM THE C2 (GENERAL CO~RCIAL) AND Ri (SINGLE FAMILY RESIDENTIAL) DISTRICTS TO THE C5 (ARTERIAL CO~RCIAL) DISTRICT AND AMENDING SECTIONAL MAP NO. 17-5-9. CA 10 PUBLIC HEARING The Mayor opened the public hearing to INCREASE IN DRAINAGE AREA FEES consider the proposed increase in local RESOLUTION NO. 79-71 - ADOPTED drainage area fees to reflect the increase in construction costs indicated by the 1978 construction cost index for the Los Angeles area, published by Engineering News Record, as provided by Ordinance No. NS-1303. The Director of Public Works su, marized the infornmtion contained in the report dated March 29, 1979, prepared by the Public Works Department. CITY COUNCIL MINUTES 155 MAY 7, 1979 The Deputy Clerk of the Council reported there were no written connnunications. There were no speakers for or against the proposal. The Mayor closed the public hearing. MOTION was made by Yamamoto, seconded by Mmrkel, to adopt the following resOlution: RESOLUTION NO. 79-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA INCREASING AND ESTABLISHING LOCAL DRAINAGE AREA FEES AND REPEALING RESOLUTION NO. 78-33. AYES: BRICKEN, GRISET, LUX~OURGER, ~%RKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 70 APRIL 16 ORAL C(Ix~ICATION - RALPH ECHAVE RE CUP HEARINGS; NMMORANDA FROM MAYOR & ATTORNEY RECEIVED & FILED memorandum dated April 24, 1979, from the MOTION was made by Bricken, seconded by Griset, to receive and file the memorandum from Mayor Ward dated April 19, 1979, in response to the Council's request on April 16, 1979, and the City Attorney, concurring in the con- clusions stated in the Mayor's memo, that the Council's actions in connection with condomini%un conversion Conditional Use Permit Appeal hearings on April 2, 1979, were legally valid. AYES: BRICKEN, GRISET, LUXEMBOJRG~R, MARl<EL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 13.4 FINDINGS OF FACt - CUP HEARINGS MOTION was made by Griset, seconded by HELD ON APRIL 2, 1979 Luxembourger, to receive and file the RECEIVED & FILED Findings of Fact in support of the Council decisions to approve Conditional Use Permits 78-20 - 2221 Lenita Lane, E1 Dorado Apartments, and 78-32 - 3700 S. Plaza Drive, Versailles on the Lake Apartments, condomini~n conversions, following public hearings of the Appeals on April 2, 1979. AYES: BRICK~N, GRISET, LUXE~BOURGER, MAR~L, SERRATO, WARD NOES: YAMAMOTO CA 13.4 REQUEST FOR TRAFFIC SIGNAL MOTION was made by Yamamoto, seconded by 4TH STREET & GOLDEN CIRCLE DRIVE Serrato, to fund the installation of DENIED traffic signals in priority order based on overall City-wide needs, and to deny the request for a 4-way stop at Fourth Street and Golden Circle Drive, in response to the request from Village Homes of California (referred to staff on April 2, 1979), and as reconmended in the report dated April 26, 1979, from the Traffic Engineer. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARK~L, SERRATO, WARD, YAMAMOTO NOES: NONE Councilman Bricken commented that there is a problem, which may be addressed as a separate issue, in moving from the office complex that fronts Golden Circle Drive either to Cabrillo Drive or to Park Center; that other opportunities for directional flow of traffic are needed in the area. CA 18.3 PUBLIC HEARING - APPEAL #403 The Mayor opened the public hearing VA 79-13 - 1612-1616 E. PALM STREET to consider the Negative Declaration DENIED and Appeal #403, filed by Ettie Lee Homes, Inc., Baldwin Park, of the Planning Commission Denial of Variance Application No. 79-13 to allow a 24-hour board and care facility for eight abused, neglected, abandoned, pre-delinquent and delinquent boys, ages 11-18, in the R2 District at 1612-1616 E. Palm Street. The Associate Planner sunmarized the information contained in the Planning Commission Finding of Fact dated April 9, 1979. The Deputy Clerk of the Council reported that a petition containing 77 signatures had been received in opposition to the Appeal. CITY COUNCIL MINUTES 156 MAY 7, 1979 A representative of the Appellant, Ettie Lee Homes, Inc., presented a series of slides illustrating the activities of Ettie Lee Homes in other areas, and introduced Dennis Youkstette~ 1889 Crest Drive, San Marino, who spoke in favor of the Appeal. Anne Cline, North Hills Realty, 3130 E. Monroe, Orange, also spoke in favor. Speakers in opposition to the Appeal were: Leopold Guzman, 120 North Wright Street Donna Acres, 208 North Wright Arthur Benish, 212 North Wright Street After a series of questions directed by Council to the Appellants, during which it was pointed out that a variance is required because there are more than six boys proposed in the home; that two of the boys are classified as juvenile offenders under Sections 601 and 602 of the Welfare and Institutions Code; and that the program is not limited to meeting needs of Santa Ana youth, but would include boys from all of Orange County; the Mayor closed the public hearing. Following Council discussion, MOTION was made by Yamamoto, seconded by Luxembourger, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution denying Appeal #403, denying Variance Application 79-13, and affirming the decision of the Planning Con~nission. AYES: BRICKEN, GRISET, LUXEMBOURGER, SERRATO, WARD, YAMAMOTO NOES: MARKEL CA 13.3 HIRING FREEZE EXI~PTIONS MOTION was made by Griset, seconded by VARIOUS DEPARTMENTS Ward, to lift the hiring freeze and authorize filling one Grounds Main- terence Man I position in the Recreation and Parks Department. MOTION FAIl.ED on the following vote: AYES: GRISET, SERRATO, WARD NOES: BRICKEN, LUXEMBOURGER, MARKEL, YAMAMOTO MOTION was made by Griset, seconded by Ward, to lift the hiring freeze and authorize filling one Recreation Leader I position in the Recreation and Parks Department. AYES: BRICKEN, GRISET, LUXEMBOURGER, SERRATO NOES: MARKEL, WARD, YAMAMOTO MOTION was made by Bricken, seconded by Ward, to lift the hiring freeze and authorize filling one Messenger position in the Finance Department. MOTION FAILED on the following vote: AYES: BRICKEN, LUX~OURGER, WARD NOES: GRISET, It~RKEL, SERRATO, YAMAMOTO MOTION was made by Griset, seconded by Ward, to lift the hiring freeze and authorize filling one Reprographics Operator I position. MOTION FAILED on the following vote: AYES: BRICKEN, WARD NOES: GRISET, LUX~MBOURGER, MARKEL, SERRATO, YAMAMOTO MOTION was made by Serrato, seconded by Ward, to lift the hiring freeze and authorize filling one Secretary (Division Commanders) position in the Police Department. MOTION FAIl.ED on the following vote: AYES: LUXEMBOURGER, MARKEL, SERRATO NOES: BRICKEN, GRISET, WARD, YAMAMOTO CITY COUNCIL MINUTES 157 MAY 7, 1979 No motion was made in response to the Personnel Department request for hiring freeze exen~ption and authorization to hire one Typist Clerk II (Insurance Division). CA 5O ORAL CO~4~JNICATION Mayor Ward reported that a bulletin GASOLINE SHORTAGE had been received from the Governor t~RGENCY MEASURES - APPROVED outlining proposed emergency measures to alleviate the problems relating to the gasoline shortage. He asked that the City support those measures, and urge the County Board of Supervisors to take immediate action to implement the Governor's proposal. He asked that staff assign the necessary personnel to assist in alleviating some of the stresses. The City Manager said a survey indicated that City gasoline supplies are sufficient to maintain Fire Service for fifty days, Police Service eight to ten days, and other City services for a few days; that the City's supplier has pledged to maintain the City's needs; and that the City is taking steps to minimize gasoline uses; that the Police Department will enforce emergency measures adopted by the County. MOTION was nmde by Bricken, seconded by Griset, to authorize the City Manager to instruct the County Executive Officer inm~diately that the City of Santa Ana does endorse the Governor's request for the emergency fuel program; and to empower the Mayor to take such actions as may be requested to implement measures that may be necessary in the City. AYES: BRICKEN, GRISET, LID~OURGER, MARKEL, SERRATO, WARD, YA~I~OTO NOES: NONE CA 145.5 SANTA ANA HOUSING REPLACEMENT Following a sunmmry of his report dated PROGRAM - TEMPORARY STORAGE May 7, 1979, by the Executive Director of OF HOUSES - AUTHORIZED the Redevelopment Agency, MOTION was made by Griset, seconded by Bricken, to approve use of approximately 40,000 square feet of the Municipal Parking Lot west of the Stadium between Sixth and Civic Center Drive for temporary storage, up to ninety days, of twelve houses from the College Expansion area, pending approval of applications for the replacement houses. AYES: BRICI<BN, GRISET, LUX~OURGBR, WARD, YAMAMOTO NOES: Y~RKBL, SERRATO CA 78.6 AB 1343 - In response to the request from the POLICE RESERVE BILL Police Chief dated May 1, 1979, ~OTION OPPOSED was made by Markel, secom~led by Ward, to oppose Assembly Bill 1343, which would place certain restrictions and limitations on the use of reserve police officers. AYES: NOES: BRICKBN, GRISET, LUXEMBOURGBR, MAPd<BL, SERRATO, WARD, YAMAMOTO NONE CA 57 CA 47 ORAL CC~JNICATION - WARD The Mayor submitted a report to Council APPOINFMENTS TO BOARDS dated May 7, 1979, prepared by the & CO~ISSIONS City Manager's office pertaining to a proposed revised Council policy for appointments to Boards and Commissions. He stated that copies of the report were being distributed at this time for Council's information, and that the matter would be placed on the agenda for Council consideration at a subsequent meeting. CA 80.9 ORAL CC~ICATION - SERRATO BOARD & CARE HOMES CITY/SCHOOL DISTRICT COOPERATION In response to a question from Council- man Serrato, the City Attorney stated that a home for boys does not require CITY COUNCIL MINUTES 158 MAY 7, 1979 a variance if the number of boys is six or less; that it would require only a business license; that the history of State legislation over recent years has been to remove these facilities from local control; that in 1978, cities were given the right to require a Conditional Use Permit for such uses; and that he is not aware of any pertinent current legislation pending. Councilnmn Serrato suggested asking staff to investigate the formation by other cities (i.e. the City of Orange) of informal study and discussion groups to coordinate solutions to school district and City problems. CA 38 ABATemENT OF NUISANCE On the request of the City Attorney LEGAL ACTION for action out of executive session, AUTHORIZED MOTION was made by Bricken, seconded by Griset, to authorize the City Attorney to take all necessary action, including but not limited to the filing of a complaint for injunction in the Superior Court, to abate a nuisance created by dogs owned by Mr. Steven O'Connell. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 139 Council adjourned at 9:20 p.m. by unanimous informal consent. B.J~. THC~PSON Acting Clerk of the Council CITY C(YJNCIL MINLFfES 159 MAY 7, 1979