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HomeMy WebLinkAbout07-16-1973MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 16, 1973 An Adjourned Regular Meeting of the City Council of the City of Santa Aha was convened at 1:00 P.M., by Mayor Jerry M. Patterson in Room 147, City Hall, 20 Civic Center Plaza, proper Notice and Posting having been accomplished, with affidavits on file in the office of the Clerk of the Council. The following Council- men were present: J. Ogden Markel, John Garthe, Harry K. Yama- moto, Vernon S. Evans, James E. Ward, Lorin Griset and Mayor Jerry M. Patterson. The following members of staff were also present: City Manager Bruce C. Spragg, City Attorney James A. Withers, Director of Public Works Ronald Wolford, Park Superintendent Bomo Koral, Recreation Superintendent Gene Laumeister, Personnel Director Donald Bott and Clerk of the Council Florence I. Malone. A representative of the Register was also in attendance. PROPOSED BUDGET 1973-1974 preliminary Budget. The City Manager distributed a summary of Council addi- tions and proposed Council and staff additions to the SUMMER YOUTH Councilman Evans stated EMPLOYMENT PROGRAM that the appropriation ($66,840) by Council on July 5, at the request of the Community Action Council, should be reviewed in light of the fact that CAC had received an unexpected $400,000 in federal funds for the Summer Youth Employment Program. He suggested to the City Manager, and Council concurred, that even though the Program was already underway, all, or a portion, of the City funds could be returned -or other City priority needs. The City Manager expressed his concern for any disruption of the program, but agreed to arrange a meeting with CAC representatives to resolve the matter of reimbursement. Staff was instructed to investigate the City's Summer Youth Program relationship with the Community Action Council, to inform the Council~of the results of the negotiations regarding reim- bursement of the full amount appropriated for the Program, and to recommend to the Mayor the necessity for a Special Meeting of the Council to act on the matter, on the unanimously approved motion of Councilman Griset, seconded by Councilman Ward. BUDGET ADDITIONS for the evening meeting (July 16), on motion of Councilman Griset, seconded Orange County Inter- governmental Coordinating Council dues (under- estimate) The following items were added to the proposed Budget for consideration at the public hearing set the unanimously approved by Councilman Ward: $ 3,400 CITY COUNCIL MINUTES 256 JULY 16, 1973 Salary adjustments - Department Heads $29,695 The following items were added to the proposed Budget for consideration at the public hearing set for the evening meeting (July 16), on the unanimously approved motion of Councilman Yamamoto, seconded by Councilman Evans: Ballfield lighting - Rosita Park $19,500 Ballfield lighting - Cabrillo Park 19,500 Open space needs (p. 189, item #3) 300,000 Additional Planner for Code enforcement (#7) 14,000 Replace ballfield lights and poles at Adams Park (p. 190, item #13) 19,500 Additional crew and truck to maintain miscellaneous areas (#17 & #18) 23,000 The following items were added to the proposed Budget for consideration at the public hearing set for the evening meeting (July 16), by unanimous common consent of Council: Unallocated Reserves Library #24-28,760 Fire Bonds #31- 1,750 Library Bonds #59- 2,575 $32,865 Increase contingency reserve to 3% (p. 189, item #1) GENERAL FUND 182,390 Complete C-5-F storm drain (#2) 200,000 Street maintenance 30,000 materials (#4 & #5) Completion of park acquisition at Center Walnut Site (#6) 180,000 The total amount for the proposed Budget, including the additional revenues and appropriations, for Council consideration at its public hearing, was $32,651,770. BOARD AND COMMISSION COMPENSATION bers, but no action was taken Councilman Ward requested that consideration be given to compensation for Board and Commission mem- on the matter. CITY COUNCIL MINUTES 257 JULY 16, 1973 SEVENTEENTH STREET The Director of Public WIDENING-COLLEGE DRIVE Works described the plan TO BRISTOL STREET for widening Seventeenth Street (Budget page 92) between College Drive to Bristol Street in conjunction with the College. Plans include a traffic signal, estimated cost, $37,000 and the relocation of the College track, donation of right-of-way by the College, undergrounding of telephone lines, sidewalk and street tree wells; relocation of the curb (to provide additional four feet). Councilman Ward stated that relocation of the curb and installa- tion of sidewalks were not practical; and that he favored eliminating the parking on Seventeenth Street, consideration of bike trails and bus loading zones, encouragement of foot traffic. ADJOURNMENT Evans, seconded by Councilman Griset. At 2:05 P.M., the meeting was adjourned on the unanimously approved motion of Councilman ~erence If~alone rk of thee Council CITY COUNCIL MINUTES 258 JULY 16, 1973 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 16, 1973 The meeting was called to order at 2:10 P.M. in the Council Chambers of the City Hall, 22 Civic Center Plaza, with the follow- ing Councilmen present: John Garthe, Lorin Griset, J. Ogden Markel, James E. Ward, Harry K. Yamamoto, and Mayor Jerry M. Patterson. Councilman Vernon S. Evans arrived at 2:11 P.M. Also present were City Manager Bruce C. Spragg, City Attorney James A. Withers, Senior Planner William J. Daugherty, Director of Public Works Ronald Wolford, and Clerk of the Council Florence I. Malone. HOUSING AUTHORITY 2:15 P.M. with all At 2:11 P.M., Council recessed to convene the Housing Authority. The meeting reconvened at Councilmen present. MINUTES The Minutes of the Adjourned Regular Meeting of June 25, 1973 were approved as submitted, on motion of Councilman Yamamoto, seconded by Councilman Griset, and unanimously carried. CONSENT CALENDAR The following Agenda items were removed from the Consent Calendar: Items 3 C, 7 A, and 10 A requested by Councilman Ward; Items 3 D, 3 E, and 5 A requested by Councilman Markel; Item 2 B was removed to accommodate a member of the audience wishing to speak. On motion of Councilman Evans, seconded by Councilman Yamamoto, and unanimously carried, Council affirmed the recommended action on the following Consent Calendar items: BID CALLS for bids on the following: Approved plans and specifications, and authorized advertisement SPEC. 73-020 - Mobile Telephone for Crime Specifics; opening date July 30, 1973, 2:00 P.M. (CA 89) PROJECT 6075 - Reconstruction of East Bowling Green at Santiago Park; opening date August 14, 1973, 2:00 P.M. (CA 89) BID AWARDS responsible bidder: Awarded contracts as follows on the basis of lowest, best and most CITY COUNCIL MINUTES 259 JULY 16, 1973 CONSENT CALENDAR - Continued SPEC. 73-014 - Passive Night Vision System; Awarded contract to F. Morton Pitt Company, San Gabriel, California. (CA 89) AGREEMENTS agreements: Approved and authorized the Mayor and Clerk to execute the following COUNTY SANITATION DISTRICT NO. 2 - Standard Agreement for Collection of Sewer Connection Charges. (A-73-41) COUNTY SANITATION DISTRICT NO. 3 - Standard Agreement for Collection of Sewer Connection Charges (CA 73-42) COOPERATIVE STREET CONSTRUCTION Agreement between the City and the City of Costa Mesa for construction of Bear Street between Sunflower and Wakeham Street. (CA ?3-43) TRAFFIC installed June 26, 1973 (CA 18.3a) Received and ordered filed report of control devices removed or through July 6, 1973, inclusive. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS License Application: Received and ordered filed the following Alcoholic Beverage DAVIS, William, 1712 "C" Newport Circle, Importers & Wholesalers Beer & Wine, Original. (CA 146) MINOR EXCEPTIONS, VARIANCES, AND CONDITIONAL USE PERMITS Received and ordered filed the following applications: VA 73-35, SANTA ANA MEDICAL ARTS, INC. - To construct second story additions to existing medical structures to provide the medical complex with approximately 35 to 40 medical suites containing approximately 1,000 square feet per suite and a minor surgery center of approximately 15,000 square feet, in the R 1 and R 2 Districts at 1125 E. 17th Street; APPROVED. (CA 13) MINOR EXCEPTION 73-14, THOMAS G. KOLOKITHAS - To allow on sale beer and wine in a proposed restaurant within 300' of a residential district, in the C ~ District at 3644 S. Bristol Street; APPROVED. (CA 13.2) CITY COUNCIL MINUTES 260 JULY 16, 1973 CONSENT CALENDAR - Continued PUBLIC PROPERTY USE Ratified administrative approval granted for the following: DANNY AGUILAR MEMORIAL RALLY, St. Gertrude Street between Sycamore and South Main, Sunday, July 15, 1973. (CA 45.1) DEEDS, NO CASH Received and ordered GRANTEE, CITY filed a report of No-Cash Deeds accepted by the City Manager, pursuant to Resolution #69-156, from June 28, 1973 through July 11, 1973 inclusive. DEEDS, NO CASH GRANTOR, CITY Mayor and Clerk: Approved the following deeds and authorized their execution by the PACIFIC TELEPHONE & TELEGRAPH COMPANY, south side of MacArthur, West of Flower, utility easement. VARIOUS OWNERS OF RECORD, east side of Bristol, south of MacArthur. (CA 155) TENTATIVE PARCEL/ TRACT MAPS Director's report and waived the Approved the following map subject to conditions contained in the Planning alley requirement: TENTATIVE PARCEL MAP #822 - Filed by L. M. Cox Manufacturing Company, creating two (2) M 1 parcels to be used for industrial development, located generally on the southwest corner of Lyon Street and St. Gertrude Avenue. (CA 25) * * * * ~ * * * CONSENT CALENDAR FINIS ~ * * * * * * * BUDGET STUDY SESSION The Mayor stated that Council had been midway in discussions regarding the Seventeenth Street Widening project when the budget study session preceding the Council meeting had adjourned, and that Council wished to proceed with that discussion before proceeding with items on the Agenda. The Director of Public Works stated that he had completed his presentation during the study session. Councilman Ward stated that he favored widening and installation of traffic signal; that he would like to see the sidewalks omitted on the south side of Seventeenth Street and the money put into bike trails and bus loading and unloading zones, with no parking on the south side. CITY COUNCIL MINUTES 261 JULY 16, 1973 Councilman Yamamoto stated that he could see no alternative to the sidewalks to protect pedestrians from traffic. Mr. Vernon Armstrong, Administrative Dean, Santa Ana College, stated that there had been a continued increase in traffic on the streets surrounding the college, and that they were in favor of long-term solutions to the traffic problems exist- ing on 17th Street. Mr. Rudy Montejano, representing the Board of Trustees of the Rancho Santiago School District, requested that any approval of the proposed project be conditioned upon the approval of the Board of Trustees and that they would like to have the opportunity to discuss the project to determine which proposals were in the best interest of the college. The Mayor stated that no action by Council was needed at that time in that the item was included in the budget which would be acted upon that evening. (CA 65) BID AWARD On motion of Councilman SPEC. 73-135A Ward, seconded by Council- SPEC. 73-135B man Garthe, and unanimously carried, Council awarded contract to Pacific States Cast Iron Pipe, Los Angeles, on the basis of the most responsible and best bidder to comply with the specifications on the following: SPEC. 73-135A - Fire Hydrants Standard; and SPEC. 73-135B Fire Hydrants Commercial. Prior to voting, B. F. Haviland, a representative of Clow Corporation, manufacturers of the product offered by Hanson's Inc. (the other bidder on the specifications), requested Council to throw out both bids and readvertise in that their bid had been the low bid even though they had requested an exception to the specifications. Council consensus was that Hanson's Inc. had not complied with the specifications initially in their bid; and that the award should be made in accordance with staff recommendation. (CA 89) AGREEMENT The agreement between the CITY HALL SPACE City and the Orange County Health Department, provid- ing for office space for three OCHD employees, was approved and its execution by the Mayor and Clerk was authorized, on motion of Councilman Griset, seconded by Councilman Yamamoto, and unanimously carried. (A-73-44) AGREBMENT The agreement between the MUTUAL FIRE RESPONSE City and the City of CITY OF ORANGE Orange extending fire department services out- side the corporate limits of each city in some circumstances, was approved and its execution by the Mayor and Clerk was authorized, on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried with Councilman Markel dissenting. A similar agreement had been approved by Council on May 21, 1973, however, minor modifications had been requested by the City of Orange. (A-73-22A) CITY COUNCIL MINUTES 262 JULY 16, 1973 AGREEMENT The agreement between the MUTUAL FIRE RESPONSE City and the City of Tustin CITY OF TUSTIN extending fire department services outside the corporate limits of each city in some circumstances, was approved and its execution by the Mayor and Clerk was authorized, on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried with Councilman Markel dissenting. A similar agreement had been approved by Council on May 21, 1973, however, minor modifications had been requested by the City of Tustin. (A-73-22B) ALCOHOLIC BEVERAGE LICENSE On motion of Councilman APPLICATION Griset, seconded by JOSEFA GARCIA ROJAS Councilman Yamamoto, and unanimously carried, the City Attorney was instructed to file a protest with the Alcoholic Beverage Control Board on the following application: ROJAS, Josefa Garcia, 3417 West Fifth Street, On Sale Beer & Wine (Public Premises), Person to Per- son Transfer. (CA 146) VA 73-32 Variance Application 73-32 MAURINE T. SUTTON filed by Maurine T. Sutton, to remodel and use an existing motel as a half way house for a maximum of 88 former mental patients and to provide 25 off street parking spaces, in the R 3 H District at 2211 East First Street, recommended for approval by the Planning Commission, was set for public hearing on August 6, 1973, on motion of Councilman Ward, seconded by Councilman Evans, and unanimously carried. A prior motion to receive and file the findings of the Planning Commission made by Councilman Griset and seconded by Councilman Garthe, failed to carry on the following vote: AYES: Griset, Garthe, Markel NOES: Evans, Patterson, Ward, Yamamoto ABSENT: None Prior to voting, the following persons spoke in favor of the Variance Application: Sealy M. Yates, Attorney at Law, 2714 N. Lyon, representing Maurine T. Sutton; and Maurine T. Sutton, 2211 East First Street. (CA 13) PUBLIC PROPERTY USE Council approved the application of the Santa Ana Fire Department (not appearing on the public Agenda) to use Warner Avenue from the Newport Freeway to Grand Avenue for a Youth Fire Engine Derby on July 28, 1973, from 9:00 A.M. to 1:00 P.M., on motion of Councilman Garthe, seconded by Councilman Yamamoto, and unanimously carried. (CA 45.1) CITY COUNCIL MINUTES 263 JULY 16, 1973 AGENDA ORDER the evening agenda pending receipt of By informal unanimous consent, Council deferred Agenda item 10 A (Tenta- tive Parcel Map #817) to additional details. READING WAIVED The full reading of ordinances and resolutions, the titles of which appeared on the public Agenda, was waived on the unanimously approved motion of Councilman Evans, seconded by Councilman Griset. ORD. NS-1179 AN ORDINANCE OF THE CITY AMENDING MUNICIPAL CODE COUNCIL OF THE CITY OF VEHICLES FOR HIRE SANTA ANA REPEALING CHAPTER 38 OF THE SANTA ANA MUNICI- PAL CODE AND ENACTING A NEW CHAPTER 38 ENTITLED "VEHICLES FOR HIRE" REQUIRING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF SUCH VEHICLES, DESCRIBING RULES AND STANDARDS FOR OPERATION AND CONTROL OF SUCH VEHICLES AND PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF SUCH ORDINANCE was passed to second reading on motion of Councilman Evans, seconded by Mayor Patterson, and unanimously carried. Prior to voting, the following persons spoke regarding the ordinance: George H. Brazier, 11291 Eckhoff, Orange, and Larry Gaines, representing Yellow Cab Co., 511 E. 3rd Street. Both indicated that they would like to have an opportunity to meet with the City Attorney prior to the adoption of the ordinance to discuss possible objections they might have to the contents. The City Attorney requested that in addition to possible meetings on the subject, that all comments be submitted to his office in writing within two weeks. (CA 26; CA 74) RES. 73-74 A RESOLUTION OF THE CITY COMMENDING GUY RIGAULEAU COUNCIL OF THE CITY OF SANTA ANA COMMENDING GUY RIGAULEAU was adopted on motion of Councilman Griset, seconded by Councilman Garthe, and unanimously carried. (CA 73 B) RES. 73-73 A RESOLUTION OF THE CITY EMERGENCY SERVICES COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING ACCEPTANCE OF SURPLUS FEDERAL PROPERTY FOR PURPOSES OF EMERGENCY SERVICES was adopted on motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried. (CA 144) RES. 73-75 A RESOLUTION OF THE CITY VACATION, PARTON BETWEEN COUNCIL OF THE CITY OF WALNUT AND PINE SANTA ANA APPROVING MAP AND DECLARING INTENTION TO VACATE A PORTION OF PARTON STREET BETWEEN WALNUT STREET AND CITY COUNCIL MINUTES 264 JULY 16, 1973 PINE STREET, AND GIVING NOTICE OF HEARING THEREON was adopted on motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried. The resolution set the proposed street vacation for hearing on August 6, 1973, at 7:30 P.M. (CA 14) RES. ?3-80 A RESOLUTION OF THE CITY ORANGE COUNTY NARCOTICS COUNCIL OF THE CITY OF INDEX, CALIFORNIA COUNCIL SANTA ANA APPROVING AN ON CRIMINAL JUSTICE APPLICATION FOR GRANT FOR ORANGE COUNTY NARCOTICS INDEX, CALIFORNIA COUNCIL ON CRIMINAL JUSTICE AND AUTHORIZING THE CHIEF OF POLICE OF THE CITY TO EXECUTE ALL DOCUMENTS PER- TINENT THERETO was adopted on motion of Councilman Evans, seconded by Councilman Griset, and unanimously carried. (CA 112.6b) P. ES. 73-79 A RESOLUTION OF THE CITY GARDEN GROVE TOPICS FUNDS COUNCIL OF THE CITY OF SANTA ANA, ACCEPTING ASSIGN- MENT BY THE CITY OF SANTA ANA FROM THE CITY OF GARDEN GROVE OF TOPICS FUNDS ALLOCATED TO THE CITY OF GARDEN GROVE FOR THE YEAR 1972-73 was adopted on motion of Councilman Griset, seconded by Councilman Evans, and carried with Councilman Markel dissenting. (CA 29.5) BOWERS MEMORIAL The resignation of Frank MUSEUM BOARD J. Gelinas, from the Bowers Memorial Museum Board contained in his letter dated July 9, 1973, was accepted with regret on motion of Council- man Griset, seconded by Councilman Evans, and unanimously carried. (CA 85. Z) CIVIC CENTER PARKING Council approved the requests made by the Orange County Civic Center Authority in their letter outlining proposals for administering parking in the super-block dated June 28, 1973, on motion of Councilman Griset, seconded by Councilman Evans, and unanimously carried: The requests were as follows: That Council authorize the Civic Center Commission to let a contract for the construction of a gate and toll house at the Santa Ana Boulevard entrance to the parking and necessary changes in the gate at the Flower Street entrance to the parking; That Council authorize the Commission to execute an agreement with a contractor to operate the pay parking effective September 1, 1973, or as soon thereafter as possible, to operate all parking within the public areas with the rate of $.25 per hour, $1.25 per day maximum, and that the Commission be further authorized to charge a $15.00 monthly rate for State of California owned cars only, with the revenues from the parking to be as the present revenues are maintained, i.e., for the CITY COUNCIL MINUTES 265 JULY 16, 1973 maintenance of the Civic Center, and that any surplus funds be maintained for future authorization by both the City and the County; That the cost of the contract for the gates and toll houses be borne from existing funds presently standing to the credit of the Civic Center Authority in the Orange County Treasury, which remain for the existing construction of Phase III of the Civic Center Mall; and That Council direct the appropriate City departments to assist the Commission in their efforts. (CA 77.14) WATER RATES The letter from the Southern California Water Company, dated July 6, 1973, enclos- ing a copy of their applica- tion for a limited increase of 5.18% in water rates filed with the California Public Utilities Commission, was received and filed on motion of Councilman Evans, seconded by Councilman Griset, and unanimously carried. (CA 12) RECEPTION The request from the Acting BOWERS MUSEUM Museum Director, dated July 12, 1973, for permis- sion to serve wine at a reception for Guy Rigauleau, a citizen of France visiting the City, scheduled for July 23, 1973, was approved on motion of Councilman Ward, seconded by Councilman Markel, and unanimously carried. The memorandum indicated that the refreshments would be furnished by Councilman Markel and the Lions Club. (CA 73 B; CA 85) PROJECT T 3041 (147) After considering the report of the Director of Public Works dated July 11, 1973, Council extended the bid opening date from July 17, 1973, to August 14, 1973, on TOPICS Project T 3041 (147), consisting of the addi- tion of several intersections to the interconnect system in the downtown area and modification of five signals in the downtown area, on the unanimously approved motion of Councilman Griset, seconded by Councilman Evans. (CA 89) CONSOLIDATION OF CITY AND Council considered the SCHOOL BOARD ELECTIONS reports of the City Attorney dated May 7, 1973, and July 3, 1973, and instructed staff to notify the boards of the Santa Ana Unified School District and the Rancho Santiago Community College District that requests for school election consolidation with regular City elections would be favorably considered subject to proportional sharing of costs as provided in Section 1227 of the Election Code. (CA 68.4) CITY COUNCIL MINUTES 266 JULY 16, 1973 TRANS-ALASKA Council considered the PIPELINE report of the City Attorney dated July 10, 1973, relat- ing to United States Senate Bill No. S-1081 and Gravel Amendment No. 226 which deal with the installation of the Trans-Alaska Pipeline and the Environmental Impact Statement on the project. Councilman Griset's motion that the City go on record as favoring the installation of the Trans-Alaska pipeline despite possible problems with its transmission, seconded by Councilman Yamamoto, failed to carry on the following roll call vote: AYES: Griset, Yamamoto NOES: Evans, Garthe, Markel, Patterson, Ward ABSENT: None The consensus of the dissenting Councilmen was that they did not wish to take any action on the item. (CA 57.1) SPEED ON SOUTH Council considered the RAITT STREET report of the Director of Public Works dated July 11, 1973, pertaining to a petition dated November 1, 1972 signed by 59 local resi- dents to have the speed limit on Raitt Street between McFadden Avenue and Warner Avenue reduced from 40 MPH to 30 MPH. Council had referred the petition to staff on April 2, 1973. The report indicated that accident and speed survey studies had been conducted and results presented to the residents on June 19, 1973, conveying to them the reasons why lowering of the speed limit was not the answer to the accident problem in the area; and that the resident representatives had agreed to wait for a period of six months to see how effective the recommended remedies would be in accident reduction. Councilman Garthe's motion, seconded by Councilman Yamamoto, to receive and file the report; to direct staff to continue speed enforcement activity as manpower limitations permit, and to identify deficiencies which may exist in traffic control devices or street lighting and recommend corrective measures to eliminate or minimize deficiencies, unanimously carried. Prior to voting on the motion, Councilman Evans stated that he would like to be assured that Council's direction to staff would be carried out within six months and that the citizen community would be contacted accordingly. (CA 18.2) DEPARTMENT HEAD Council considered the SALARY RECOMMENDATIONS report of the City Manager RES. 73-76 dated July 11, 1973, recommending a 7.0% salary adjustment for management personnel for the 1973-74 fiscal year, effective July 1, 1973, and an additional 5.0% salary adjustment effective January 1, 1974, for the positions of Assistant City Manager, Director of Building Safety and Housing, Director of Personnel, Library Director and Museum Director. CITY COUNCIL MINUTES 267 JULY 16, 1973 RESOLUTION 73-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. S8-281 INCREASING THE SALARY SCHEDULE ALLOCATIONS FOR CERTAIN MANAGEMENT CLASSIFICATIONS was adopted on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried with Councilman Evans dissenting. Prior to voting, Councilman Evans stated that he was not against a salary increase for department heads, but felt that the proposed increases were too high. (CA 50.1) UNDERGROUND UTILITIES Theo Lacy, 1204 North WAIVER - 1204 NORTH Ross Street, requested ROSS STREET that his appeal for relief from the require- ment of underground utility service to 1204 North Ross Street be removed from the Agenda without prejudice, because he had been working closely with the Director of Building Safety and Housing and agreement was being worked out with staff. Councilman Evans' motion to grant Mr. Lacy's request to remove the item from the Agenda, was seconded.by Councilman Griset, and unanimously carried. The City Attorney stated that the record should show that Mr. Lacy waives any rights he may have under the Municipal Code Sections requiring Council to act on an appeal within a certain time period. Mr. Lacy orally agreed to such a waiver. (CA 134) THORNTON PARK SITE Council considered the report of the City Manager dated July 11, 1973, rela- tive to negotiations for exchange of a portion of Thornton Park for a park site in Tract 8203 (Tentative Tract Map 8203 - William Lyon. Company). The report stated that the William Lyon Company was willing to exchange on the ratio of 1 gross acre of their land for 2-1/2 gross acres of Thornton Park Site, based on the assumptions set out in the report. Councilman Griset's motion, seconded by Councilman Ward, to direct staff to prepare an exchange agreement in accordance with staff recommendations contained in the report; to submit the proposal to the Planning Commission and the Board of Recreation and Parks for review and report; and to notify local residents of the proposed land exchange and seek their support; carried with Councilman Markel dissenting. (CA 52; CA 24) ORAL COMMUNICATIONS Wilfred O. Obarr, City MOSQUITO ABATEMENT DISTRICT representative to the Orange County Mosquito Abatement District, stated that there had been a recommendation of the 1972 Grand Jury that the Orange County Mosquito Abatement District be dissolved; that an in-depth study had been made by the State Vector Control and the report had stated that there was no duplication of functions between the Health Department and the Mosquito Abatement Dis- trict; that the District was being run very efficiently - the best one in the State, and that there was no reason for dissolu- CITY COUNCIL MINUTES 268 JULY 16, 1973 tion whatsoever. He further stated that he was seeking Council direction as to whether the meetings of the District should continue to be once a month or every other month. After discussion by Council as to the merits of dissolution of the Mosquito Abatement District, the Mayor stated that the matter had previously been referred to staff, and that Council would take a position after reviewing staff reports submitted to them; that Mr. Obarr would be notified when the matter was placed on a subsequent Agenda. Councilman Garthe's motion to leave to Mr. Obarr's good judgment the question of how often the District should meet, was seconded by Councilman Griset, and unanimously carried. (CA 54) EXECUTIVE SESSION At 4:35 P.M., Council recessed to an Executive Session for discussion of appointments to Boards and Commissions and other personnel matters. RECESS At 5:45 P.M., the meeting was reconvened with all Councilmen present and imemdiately recessed to 7:30 P.M. At 7:40 P.M., the meeting reconvened with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was given by Chaplain David Randolph, of the Orange County Medical Center. (CA 80.17) COMMUNITY SPOTLIGHT ALTRUSA CLUB The Mayor acknowledged the Altrusa Club of Santa Ana who had been invited to give a presentation. Mrs. Townsend, a member of the Altrusa Club of Santa Ana, gave a brief history of the Altrusa, International, Inc., an interna- tional service organization for professional women and women holding executive positions in business. She explained some of the services provided by Altrusa, including academic emergency grants and vocational aid awards, in addition to personal time donated by the members. Mrs. Townsend introduced members of the organization who were present in the audience. (CA 9,3) SWEARING IN CEREMONY The following members of boards and commissions were sworn in by the Clerk of the Council: Ross E. Crane, appointed to the Bowers Memorial Museum Board; (CA 85.2) Norman C. Corbin, reappointed to the Human Relations Commission; (CA 131.2) Gary M. Tucker, reappointed to the Human Relations Commission; (CA 131.2) CITY COUNCIL MINUTES 269 JULY 16, 1973 James Miranda, Appointed to the Human Relations Commission; (CA 131.2) Thomas Griffiths, appointed to the Personnel Board; (CA 50.8) Rudy Gallegos, reappointed to the Planning Commission; (CA 78.1a) Jack L. O'Dell, reappointed to the Planning Commission; (CA 78.1a) Donald Bass, reappointed to the Board of Recreation and Parks; (CA 52,2) Novel B. James, appointed to the Board of Recreation and Parks; (CA 52.2) John L. Lutz, Jr., reappointed to the Vehicle Parking District; (CA 17) Lynda Ferris, appointed to the Greenbelt Committee; (CA 145.1a) and Terri Peterson, appointed to the Greenbelt Committee. (CA 145.1a) PUBLIC HEARING AFFIRMATIVE ACTION PROGRAM been referred to the Human Relations May 21, 1973. The Mayor opened the public hearing to determine Council policy on the Affirmative Action Program, which had Commission and staff on The City Manager summarized his report dated July 11, 1973, and called upon the Director of Personnel to give a presentation. The Director of Personnel summarized his reports on the Affirma- tive Action Plan and Minority Employment Report, both dated May 15, 1973, and stated that there were three recurring issues of conflict relating to the Affirmative Action Program, as follows: 1) The relationship between the goals of an Affirmative Action Program and a merit system; 2) The distinction between an affirmative action policy and an affirmative action program; and 3) How affirmative action programs evolve. He then invited Fire Chief Judd to explain the Regional Occupational Program. Fire Chief Eugene Judd stated that 20 young men had taken part in a fireman training program conducted by City firemen on their off-duty time, and had been graduated; that the City Manager had agreed to put some of them to work for a period of two months, that they had been on duty for a couple of weeks. He introduced the participants who were present. The Director of Personnel continued with his presentation by showing and explaining a series of charts, entitled: Ethnic Distribution Among Occupational Categories; Percentages of Employees by Occupational Categories and Summary; Ethnic Data for Work Force in Labor Market Area Surrounding the City of Santa Ana; CITY COUNCIL MINUTES 270 JULY 16, 1973 Employment Data for Full Time City Positions; Hiring Rate Goals; Goals for 1-1-75, First Period of Evaluation. He stated that all of the charts would be thoroughly explained in a Personnel Department Report which would be available to Council in approximately two weeks. He concluded his presentation by stating that Santa Ana was facing up to its responsibilities as far as equal opportunity was concerned, and that it was felt they had a positive, comprehensive program that will stand up to any city's program in the State of California. RECESS At 8:50 P.M., a recess was declared. The meeting reconvened at 9:00 P.M., with all Councilmen present. AFFIRMATIVE ACTION PROGRAM (CONTINUED) The City Manager stated that from a management standpoint, there was no difference in principle of the merit system and affirma- tive action program. Pauline Lockwood, Board Member of the League of Women Voters, Santa Ana-Tustin-Orange, stated that most of the objections that she had been prepared to make had been answered by the staff presentation. AGENDA ORDER The Mayor stated that he had received a request for a continuance of Agenda item 74, Appeal #321 filed by Allan Fainbarg appealing a provision of VA 73-31. Councilman Griset's motion to continue the matter to August 6, 1973, was seconded by Councilman Evans, and unanimously carried. (CA 13.3) AFFIRMATIVE ACTION PROGRAM (CONTINUED) Zeke Hernandez, member of the Human Relations Commission, stated that he wanted to commend the Director of Personnel for his presentation, and that he would like copies of the forthcoming report for the Commission; that the Commission felt that utilization of minorities should be achieved within a given reasonable period of time. Mr. Hernandez read a statement to Council, and on behalf of the Human Relations Commission, requested an extension of time so that the proposed resolution could go before the Commission the following evening for their approval. Sam Sandoval, 1265 S. Hickory Street, member of the Human Rela- tions Commission, stated that the time-tables and goals set forth as item 6 on the chart, "Total Job Opportunities of 1975", were not truly representative of affirmative action, and that the growth rate of 12 per cent was unrealistic. CITY COUNCIL MINUTES 271 JULY 16, 1973 Roy Uno, 4405 Sunswept Avenue, Interim Chairman of the Human Relations Commission, supported the request for postponement. He stated that they apologized to the staff for having to stay the previous Friday evening to make a presentation at the Human Relations Commission meeting at which there had not been a quorum; that the lack of quorum had developed due to a misunderstanding of expiration dates of terms of office. Alfredo Amezcua, 933 West Pine, representing the Community Action Council, stated that he understood there was a negative approach to the hiring of an affirmative action coordinator and that his personal feeling was that without a coordinator who knew the field, the plan would not be able to accomplish its objectives. Richard Petherbridge, 2002 South Artesia, stated that he noted in the City Manager's report dated July 11, 1973, that the Com- mission and staff disagreed on the method for establishment of goals and timetables with which to measure progress of the plan; that the Commission felt the distribution of City population should be the criteria, and staff felt it should be distribution of County workforce population. Mr. Petherbridge favored the former, stating that the makeup of the City was the primary factor to be considered. Rudy Francis, 3022 South Rene, stated that the City has close to 68% of the County's black population and 25% of the County's Mexican-American population; that the County population certainly should not be the factor for determining minority employment percentages; that he could not see that as a rationale; and requested that Council delay action until new figures were in. After some discussion, Council continued the public hearing to August 6, 1973, on motion of Councilman Griset, seconded by Councilman Garthe, and unanimously carried. (CA 50.4) PUBLIC HEARING BUDGET - 1973-74 year 1973-1974. The Mayor opened the public hearing on the proposed Budget for Santa Ana for the fiscal The City Manager stated that there had been five or six budget study sessions which had been open to the public, and that as a result of those and because of the fact that there had been some additional revenues not anticipated at the time the budget was prepared, there were some additions that had been distributed to Council that day that would balance the budget at $32,651,000.00, which was an increase over last year's budget of over $6,000,000.00, mostly in the area of federally furnished funds; that the tax rate of $1.35 would remain the same as it had for the previous three years. The Mayor stated that Council had reviewed the proposed Budget at some length and would take into consideration the latest additions submitted by the City Manager. The Clerk reported there were no written communications. Alfred Amezcua, 933 West Pine, stated that he had gone through the proposed budget and that he would like to take back to his community (Delhi) information concerning improvements to the- park on the corner of Halladay and Warner, particularly a swimming pool. CITY COUNCIL MINUTES 272 JULY 16, 1973 The City Manager responded that the Five-year Capital Improve- ments Program provided for the relocation of a County yard, and the eventual construction of a combination school/city park on property within the Delhi Community; however, he did not think the property would become available for another three years. There were no other persons wishing to speak on the proposed budget, and the Mayor closed the public hearing. The City Attorney stated that the ordinance adopting the budget should be adopted as an emergency ordinance so that it would become effective immediately. ORDINANCE NS-1170, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1973 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS AND ACTIVITIES, as amended by additions set forth in that document entitled "Budget Study Session, July 16, 1973", was adopted as an emergency ordinance on motion of Councilman Griset, seconded by Councilman Ward, and carried on the following vote: AYES: Griset, Ward, Evans, Garthe, Patterson, Yamamoto NOES: Markel ABSENT: None ORDINANCE NS-il70, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1973 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS AND ACTIVITIES, as amended by additions set forth in that document entitled "Budget Study Session, July 16, 1973", was passed to second reading on motion of Councilman Griset, seconded by Councilman Yamamoto, and carried on the following vote: AYES: Griset, Yamamoto, Garthe, Patterson, Evans, Ward NOES: Markel ABSENT: None ORDINANCE NS-1177, AN ORDINANCE OF THE CITY OF SANTA ANA, CALIFORNIA FIXING THE AMOUNT OF MONEY ASCERTAINED TO FINANCE OPERATING AND CAPITAL EXPENDITURE COSTS OF THE VARIOUS DEPARTMENTS OF THE CITY, AND TO PAY THE BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT FISCAL YEAR 1973-74 FIXING THE RATE OF TAXATION FOR SAID CURRENT FISCAL YEAR, AND DESIGNATING THE NUMBER OF CENTS OF TAX ON EACH $100.00 OF ASSESSED VALUE FOR THE VARIOUS FUNDS OF SAID CITY HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY IN SAID CITY, was passed to second reading on motion of Councilman Griset, seconded by Councilman Garthe, and carried on the following vote: AYES: Griset, Garthe, Markel, Yamamoto, Patterson, Evans, Ward NOES: None ABSENT: None (CA 65) CITY COUNCIL MINUTES 273 JULY 16, 1973 PUBLIC HEARING The Mayor opened the public MINOR EXCEPTION 73-13 hearing on Minor Exception ARLOTTO & MAXWELL 73-13 filed by Florence J. Arlotto and Winslow Maxwell, to allow an expansion of a beer bar within 300' of the R 1 District at 2543 West McFadden Avenue. The Senior Planner stated that he had nothing to add to the Zoning Administrator's report dated June 13, 1973. The Clerk reported there were no written communications. Robert Holderieth, 2311 Eldon Avenue, Costa Mesa, spoke on behalf of Florence J. Arlotto and Winslow Maxwell, the owners of the property on which the beer bar was located, and Mr. and Mrs. Connors, who owned the beer bar. He stated that they had been working for about six months on the proposed project; that the owners of the beer bar wished to add a restaurant that would serve dinners and other meals; that the area was a difficult one; and that it was his opinion that the restaurant would upgrade the establishment and the area. There were no other proponents and no opponents, and the Mayor closed the public hearing. Councilman Yamamoto's motion to overrule the Zoning Administrator and instruct the City Attorney to prepare a Resolution denying Minor Exception 73-13, was seconded by Councilman Evans, and failed to carry on the following vote: AYES: Yamamoto, Evans, Griset NOES: Garthe, Markel, Patterson, Ward ABSENT: None Councilman Garthe's motion to uphold the decision of the Zoning Administrator and instruct the City Attorney to prepare a Resolution approving Minor Exception 73-13 subject to conditions of approval contained in the Zoning Administrator's report, was seconded by Councilman Ward, and carried on the following vote: AYES: Garthe, Ward, Markel, Patterson NOES: Evans, Griset, Yamamoto ABSENT: None It was the consensus of the dissenting Councilmen that the pro- posed expansion of a beer bar would have an adverse effect upon the community. The consensus of the Councilmen voting in the affirmative was that the expansion to allow a restaurant would add services to the establishment, thus upgrading the area. (CA 13.5) PUBLIC HEARING The Mayor opened the AMENDMENT TO ZONING CODE public hearing to consider NS-1178 amendment to Chapter 41 Zoning of the Santa Aha Municipal Code, involving the addition of Section 41-651 to the Zoning Ordinance to establish a procedure for the revocation of conditional use permits, variances and minor exception permits. CITY COUNCIL MINUTES 274 JULY 16, 1973 The Senior Planner referred to Planning Commission Resolution 6034 adopted June 15, 1973, and stated that staff had no comments to add. The City Attorney summarized his report dated July 12, 1973, and stated that he would have an additional report for Council at the meeting of August 6, 1973, concerning the possibility of making it an offense under the Code to violate a condition of a conditional use permit, variance, or minor exception. The Clerk reported there were no written communications. There were no proponents or opponents, and the Mayor closed the public hearing. ORDINANCE NS-1178 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A PROCEDURE FOR THE REVOCATION OF CONDITIONAL USE PERMITS, VARIANCES, AND MINOR EXCEPTIONS PERMITS was passed to second reading on motion of Councilman Garthe, seconded by Councilman Markel, and unanimously carried. (CA 10.1; CA 74) TENTATIVE PARCEL MAP #817 Council approved Tentative Parcel Map #817, subject to the conditions contained in the Planning Director's report dated July 10, 1973, and the Planning Director's report dated July 10, 1973, and the addendum thereto dated July 16, 1973, and waived the alley requirement, on motion of Councilman Garthe, seconded by Councilman Evans, and carried on the follow- ing vote: AYES: Garthe, Evans, Griset, Markel, Patterson, Yamamoto NOES: Ward ABSENT: None Prior to voting, Hugh Halderman, of the Engineering firm of Jennings-Halderman-Hood, 2001 East Fourth Street, spoke in support of the parcel map, and answered questions from Council. Councilman Ward stated that he was opposed to the proposed median break on Harbor Boulevard to allow for left-turns into the development. (CA 25) MINOR EXCEPTION 73-16 Minor Exception 73-16 NATIONAL COMMUNITY BUILDERS filed by National Community Builders to permit 53.1% land coverage on an apart- ment development in the R 4 District at 2701 West Segerstrom, recommended for approval by the Zoning Administrator, was received and filed on motion of Councilman Ward, seconded by Councilman Evans, with Councilman Yamamoto dissenting. (CA 13.2) ABSENCE OF COUNCILMAN Councilman Griset's motion to approve the absence of Councilman Garthe from July 31, 1973 to August 8, 1973, was seconded by Councilman Yamamoto, and unanimously carried. (CA 80.8) CITY COUNCIL MINUTES 275 JULY 16, 1973 EXECUTIVE SESSION Council recessed to an executive session at 11:07 P.M. for discussion of appointments to boards and commissions and other personnel matters. The meeting recon- vened at 11:40 P.M. with all Councilmen present. RESOLUTION 73-77 RESOLUTION 73-77 FIXING CITY M-RNAGER'S SALARY THE SALARY OF THE CITY MANAGER OF THE CITY OF SANTA ANA was adopted on motion of Councilman Evans, seconded by Councilman Yamamoto, and carried with Councilman Markel dissenting. (CA 50.1) RESOLUTION ?3-78 A RESOLUTION OF THE CITY CITY ATTORNEY'S SALARY COUNCIL OF THE CITY OF SANTA ANA FIXING THE SALARY OF THE CITY ATTORNEY OF THE CITY OF SANTA ANA was unanimously adopted on motion of Councilman Ward, seconded by Councilman Evans. (CA 50.1) RESOLUTION 73-76 RESOLUTION 73-76 INCREASING DEPARTMENT HEAD THE SALARY SCHEDULE ALLOCA- SALARY RECOMMENDATIONS TIONS FOR CERTAIN MANAGEMENT CLASSIFICATIONS, adopted earlier in the meeting, was amended to indicate the Salary Range Number of the Museum Director as "388" effective ?-1-73, and to delete the Salary Range Number indicated as effective 1-1-74.(CA50.1) BOARD, COMMISSION The following Board and AND COMMITTEE Commission appointments APPOINTMENTS were unanimously approved on motion of Councilman Yamamoto, seconded by Councilman Ward: Appointee Board or Commission Term of Office Ross E. Crane Bowers Museum 7-1-73 6-30-77 Norman C. Corbin Human Relations 7-1-73 6-30-77 Gary M. Tucker Human Relations 7-1-73 6-30-77 James Miranda Human Relations 7-1-73 6-30-76 Harold Jenkins Library 7-1-73 6-30-77 Barbara Gaughran Personnel Board 7-1-73 6-30-77 Thomas Griffiths Personnel Board 7-1-73 6-30-77 Rudy Gallegos Planning Commission 7-1-73 6-30-77 Jack O'Dell Planning Commission 7-1-73 6-30-77 Donald Bass Recreation & Parks 7-1-73 6-30-77 Novel B. James Recreation & Parks 7-1-73 6-30-74 John L. Lutz, Jr. Vehicle Parking Distr. 7-1-73 6-30-76 ADJOURNMENT seconded by Councilman Griset. The meeting was adjourned at 12:00 Midnight on the unanimously carried motion of Councilman Evans, F~irence I.~alone Clerk of the Council CITY COUNCIL MINUTES 276 JULY 16, 1973