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HomeMy WebLinkAbout02-02-1976MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 2, 1976 The meeting was called to order at 12:05 P.M., in Room 831, City Hall, 20 Civic Center Plaza, by Mayor John Garthe. Proper Notice had been mailed and posted with Affidavits on file with the Clerk of the Council. The following Council- men were present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward and Mayor John Garthe. Also present were City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Director of Public Works Ronald Wolford, Director of Personnel Donald Bott, and Clerk of the Council Florence I. Malone. EXECUTIVE SESSION sider Labor Negotiation policies. At 12:20 P.M., Council recessed for an Executive Session to con- ADJOURNMENT At 1:55 P.M., Council reconvened with the same mem- bers present and immediately adjourned on the unanimously approved motion (7:0) of Councilman Ward seconded by Councilman Bricken. FL_..~NCE I. MALONE · F'LOR~NCE I. MAL~ ~-- ~ - ~ CLERK OF THE COUNCIL CITY COUNCIL MINUTES 43 FEBRUARY 2, 1976 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 2, 1976 The meeting was called to order at 2:05 P.M. in the Council Chambers, 22 Civic Center Plaza, by Mayor John Garthe, with the following Council members present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, ~ames E. Ward, and Mayor John Garthe. Also present were City Manager Bruce C. Spragg, City Attorney Keith L. Cow, Director of Public Works Ronald Wolford, Director of Planning Charles C. Zimmerman, Police Captain Charles Thayer, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE John Garthe. Following the Pledge of Allegiance to the Flag, the Invocation was given by Mayor CONSENT CALENDAR The following items ITEI~ REMOVED & were removed from DISSENTING VOTES the Consent Calendar: Item 5 C requested by Councilman Yamamoto; Item 15 requested by Councilman Bricken; and Item 3 D requested by Mayor Garthe in response to a request from the audience. The following Councilmen registered NO votes: Councilman Ward on 3 B; Councilman Evans on 14; Councilman Yamamoto on 4 D, 4 F and 4 H. CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS carried (7:0) motion APPROVED of Councilman Bricken, seconded by Council- man Yamamoto, Council affirmed the recommended action on the following Consent Calendar Items: MINUTES Approved the Minutes of the Special Meeting of January 14, 1976, and the Adjourned Regular and Regular Meetings of January 19, 1976. BID CALLS ment for bids on the Approved plans and specifications, and authorized advertise- following: PROJECT 6105 - Slurry seal and color coat courts in Madison, Adams and Morrison Parks. PROJECT 6106 Construct security lighting systems in Grant Park and in park maintenance area in Centennial Park. PROJECT 6107 - Construction of concrete side- walk in Grant Park. PROJECT 6115 Install block wall partitions in restrooms at Alona, Adams, Jerome, Madison, Memorial and Windsor Parks. CITY COUNCIL MINUTES 45 FEBRUARY 2, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PROJECT 6117 - Construct storage room addition at Memorial Park. CA 89 BID AWARDS bidder: Awarded the following on the basis of lowest responsible and best PROJECT 8105 - Construct traffic signal and lighting system at Fifth and Euclid Streets (Includes modification to existing signal at Bolsa Avenue and Euclid Street), and PROJECT 8106 - Construct traffic signal and lighting system at McFadden Avenue and Sulli- van Street (Includes modification to existing signal at Fairview Street and McFadden Avenue). Awarded to Copper State Electric Co., Phoenix, Arizona, for a total contract of $42,950.00. SPEC. 75-027 Six solo motorcycles. Awarded to Kawasaki Motors Corp., Lincoln, Nebraska, for a total contract amount of $20,255.28. (Councilman Ward registered a NO vote.) Awarded the following on basis of lowest responsible and responsive bidder for a total contract amount of $78,949.33 including option item I, including a high speed printer and floating point attachment: SPEC. 75-035 Enhancement Data General - Burglary Index Computer System (Funded under Grant). Awarded to Corporation, Santa Ana. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed the Staff report of the following: H.L.M., INC. 3762 South Bristol Street Intercounty Transfer Person to Person - Type "47" On Sale General (Bona Fide Public Eating Place) QUINETTE, Charles F. 2390 North Tustin Avenue Person to Person Transfer - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place) DAIGLE, Leroy M. 2740 North Grand Avenue Original Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place) PROTEST - Planning. ROSALES, Elena - 3417 West 5th Street - Person to Person Transfer - Type "42" On Sale Beer & Wine (Public Premises) (Council- man Yamamoto registered a NO vote.) BURGER BUMS, INC. - 1241 West 17th Street - Stock Transfer - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place) CITY COUNCIL MINUTES 46 FEBRUARY 2, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued CHRISTENSEN, Anne M. 4406 West First Street Original - Type "42" On Sale Beer & Wine (Public Premises) Councilman Yama- moto registered a NO vote.) COX, George Kenneth - 2000 South Yale Street "B" ~ Original - Type "20" Off Sale Beer & Wine - PROTEST Planning FERGUSON, Alvis Lee - 2534 West 17th Street - Person to Person Transfer - Type "40" On Sale Beer (Councilman Yamamoto registered a NO vote.) CA 146 VARIANCES of Fact on the following: Approved and filed Negative Declara- tions and Findings NEGATIVE DECLARATION & VA 75-69 - Filed by Basler Care Services to allow a shoe repair shop at 200 W. Washington in the P HD II District. APPROVED. NEGATIVE DECLARATION & VA75-70 - Filed by Sequoia Pacific Realco to reduce the re- quired parking stalls and the distance between buildings for a mini-warehouse at 600 W. Dyer Road in the Mi District. APPROVED. CA 13 DEEDS WITH CASH Approved the follow- & ESCROW ing deed and author- ized Mayor to sign all necessary documents in connection with the purchase: PARKE, F. J. & HELEN H. South side of 17th Street east of Fairview for street purposes. CA 155 TENTATIVE PARCEL MAPS Approved and filed the Negative Declara- tions, and approved the following.Maps subject to conditions contained in Planning Director's report; waived alley requirement on Map No. 948: MAP NO. 948 - Filed on December 31, 1975, by Sequoia Pacific, creating three M1 parcels; all proposed parcels to be used for. industrial purposes; generally located on the south side of Dyer Road, east of Flower Street. . MAP NO. 950 - Filed on January 8, 1976, by Shaw and Talbot creating three Mi parcels; all proposed parcels to be used for in- dustrial purposes; generally located on the south side of Adams Street, 315 feet east of Susan Street. CA 25 CITY COUNCIL MINUTES 47 FEBRUARY 2, 1976 CONSENT CALENDAR STAFF RECOM. MENDATIONS APPROVED - Continued AGREEMENTS execution by the Mayor aid Clerk: Approved the follow- ing Agreements, and authorized their AHFP PROJECT 769 ADMINISTRATION - Between City and County of Orange for construction and right of way acquisition phases of widen- ing Seventeenth Street between Olive and Ross Streets. USE OF CONDUIT - Between City and Pacific Tele- phone & Telegraph Company to provide written approval of City's use of conduit for fire alarm cable (at no cost to the City). ENCROACHMENT REMOVAL Between City and Walter Brainerd, Lessee, and Dallasy R. Shields, Lessor, for sign encroachment into future right of way at 2025-2027 North Main Street. INSPECTION SERVICE FOR PROJECT 7030 -.Between City and William R. Miller for inspection ser- vice for Project 7030, Drilling and Construct- ing Water Wells Number 27 and 28. WATER QUALITY MONITORING Between City and Crosby Laboratories for water quality moni- toring for 1976. .MODIFICATION OF CONTRACT - Between City and four Federal Grant Contract Employees to adjust salaries. (Funds are provided by Grant.) WATER MAIN REIMBURSEMENT - Between.City and Anderson Construction Company for a portion of a water main installed on Clinton Street. TRAFFIC installed January 13 through 27, Received and filed Report of Control Devices removed or 1976, inclusive. KELOCATION PAYMENT Approved business relocation payment of $8,000 to Transamerica Title Insurance, who moved from the building at the corner of Seventeenth and Main Streets because a portion of both land and building was required for the street widening. (Councilman Evans registered a NO vote.) ~ ~ * ~ * ~ * * CONSENT CALENDAR FINIS A-76-9 A-76-10 A-76-11 A-76-12 A-76-13 A-76-14 A-76-15 CA 18.3a CA 29.8 BID AWARD - DOCUMENT STORAGE The following Bid Award & RETRIEVAL SYSTEM was referred to Staff REFERRED for report at the February 17 meeting, on the unanimously carried (7:0) motion of Councilman Evans, seconded by Councilman Brandt: CITY COUNCIL MINUTES 48 FEBRUARY 2, 1976 DOCUMENT STORAGE & RETRIEVAL SYSTEM - Orange County Consolidated Police Recards Systems. CA 89 Prior to the motion, Clifford Frioden, Attorney, with the firm of Rutan and Tucker, protested the Staff recommendation, which was to reject the bids of Mauchley Wood Systems Corpora- tion and Arthur Young and Company on the basis of not being responsible to the request for proposal, and that the con- tract be awarded to Ultra Systems, Inc. on basis of lowest responsive and responsible bidder, contingent upon review and approval of contract agreement forms by Office of Criminal Justice Planning. Mr. Frieden stated that he was contesting the recommendation on behalf of one of the bidders, Products of Information Systems, on two points: (1) That the recom- mended award is unfair to Products of Information Systems, and (2) The manner in which the contract was bid. Mr. Frieden stated that Ultra Systems had been given the opportunity to examine the Products of Information Systems original bid (the contract had been bid twice), and was able to use that information to their advantage in their second bid proposal, but Products of Information had been denied examination of the Ultra Systems original bid. He further stated that in December, 1975, the City's Advisory Committee scheduled interviews with Ultra Systems and Products of Information; that Ultra Systems did meet with the Commit- tee for approximately 45 minutes; and that-30 minutes later Products of Information was informed that they would not be interviewed. Mr. Freiden also stated that Ultra Systems is not a responsible bidder, and has submitted a misleading proposal in that the proposal lists two individuals, Jaycox and Cook, who are cur- rently out of the country, and will not be in the country to perform this job, which requires their expertise. MINOR EXCEPTION 75-33 Council approved and HOPE VIERIA - 2333 W. FIRST filed the Determination APPROVED ~ FILED of Exemption and Finding of Fact on the following, on motion of Councilman Ward, seconded by Councilman Brandt, and carried (4:3), with Councilmen Evans, Yamamoto, and Bricken dissenting: ME 75-33 - Filed by Hope Vieria to allow an on-sale beer license within 500 feet of property used for residential purposes at 2333 W. First Street in the Mi District. APPROVED. CA 13.2 COUNCIL REFERRAL SUMMARY On the unanimously RECEIVED & FILED carried (7:0) motion of Councilman Ward, - seconded by Councilman Yamamoto, Council received and filed the status Report of matters referred to Staff by Council, prepared by Zhe Clerk of the Council. Councilman Bricken suggested that another column be added to the format to indicate the amount of Staff time spent on each of the referrals. CA 80.2 CITY COUNCIL MINUTES 49 FEBRUARY 2, 1976 FINAL TRACT MAP 8754 RUSSELL W. MANGUM CO. APPROVED cash deposit in lieu of bonds: Council accepted the improvements on the following, and author- ized release of the FINAL TRACT MAP 8754 - Filed by The Russell Mangum Company; located at the northwest corner of Ninth and French Streets. CA 24 READING WAIVED On the unanimously carried motion of Councilman Evans, seconded by Council- man Ortiz, Council waived full reading of all ordinances and resolutions, the titles of which appeared on the public Agenda, and consideration was given by title only. ORDINANCE NS-1289 The following SPEED LIMITS ordinance was placed ADOPTED on second reading and adopted, on the unanimously carried (7:0) motion of Councilman Evans, seconded by Councilman Brandt: ORDINANCE NS-1289 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING DIVISION 2 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE BY REPEALING ARTICLE VII THEREOF AND ADOPTING AND ADDING THERETO NEW ARTICLES VII AND VII.A TO ESTABLISH PRIMA FACIE SPEED LIMITS UPON CERTAIN STREETS AND PORTIONS OF STREETS IN THE CITY OF SANTA ANA. CA 18.2 ORDINANCE NS-1290 TRAFFIC REPORTS ADOPTED ordinance on second reading and Councilman Ward dissenting: Councilman Brandt's motion, seconded by Councilman Evans, to place the. following adopt, carried [6:1), with ORDINANCE NS-1290 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE III CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REPEALING SECTION 36-29. (Removes Traffic Report from Council Agenda). CA 75.5 CA 18.3a ORDINANCE NS-129.1 The motion by Coun- MAP CHECKING FEES cilman Bricken, ADOPTED seconded by Council- man Ortiz, to place the following ordinance on second reading and adopt, carried [6:1), with Councilman Evans dissenting: ORDINANCE NS-1291 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 34-181~T0 PROVIDE FOR THE SETTING OF FEES FOR MA~ CHECKING BY RESOLUTION OF THE CITY COUNCIL. CA 65 CITY COUNCIL MINUTES 5O FEBRUARY 2, 1976 ORDINANCE NS-1292 STADIUM USE & RENTAL RATES FIRST READING ordinance on first reading, carried Yamamoto dissenting: Councilman Bricken's motion, seconded by Councilman Ortiz, to place the following (6:1), with Councilman ORDINANCE NS-1292 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 2-742 OF THE SANTA ANA MUNICIPAL 'CODE TO PROVIDE FOR THE ESTABLISHMENT OF RENTAL RATES FOR USE OF THE SANTA ANA MUNICIPAL STADIUM BY COUNCIL RESOLUTION, AND ADDING SECTIONS 2-742.5 AND 31-1.5 TO THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTION 2-743 OF THE SANTA ANA MUNICI, PAL CODE, SETTING FORTH THE AUTHORITY OF THE CITY COUNCIL TO PERMIT USE OF THE SANTA ANA MUNICIPAL STADIUM PURSUANT TO CONTRACT. (To implement agree- ment with Santa Aha Lionettes for use of the Santa Aha Stadium.) CA 52.8 CA 65 ORDINANCE NS-1293 The following ENFORCEMENT SERVICES FUND ordinance was FIRST READING placed on first reading, on the unanimously carried ~?:0) motion of Councilman Evans, seconded by Councilman Brandt: ORDINANCE NS-1293 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE V TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE, ESTABLISHING A SPECIAL ENFORCEMENT SERVICES FUND. CA 47 ORDINANCE NS-1294 CONTRACT CHANGE ORDERS FIRST READ}NG ing men Councilman Ward's motion, seconded by Councilman Bricken, to place the follow- ordinance on first reading, carried (5:2), with Council- Evans and Yamamoto dissenting: ORDINANCE NS-1294 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 2-1 AUTHORIZING THE CITY MANAGER TO BIND THE CITY TO CHANGE ORDERS ON CITY CONTRACTS WHERE THE CHANGE ORDER DOES NOT CUMULATIVELY EXCEED FIFE PERCENT (5%) OF THE CONTRACT OBLIGATION OR TWO THOUSAND DOLLARS ($2,000) WHICHEVER IS THE LESSER. (Ordered by Council January S, 1976.) CA 75.5 CA 89 ORDINANCE NS-1295 UTILITY USMRS ?AX FIRST READING MAXIMUM seconded by Councilman Ward, man Evans dissenting: The following ordinance was placed on first reading, on motion of Councilman Bricken, and carried (6:1), with Council- ORDINANCE NS-1295 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE VI OF CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 35-167 PROVIDING FOR A MAXIMUM AMOUNT PAYABLE UNDER THE UTILITY USERS TAX. CA 65B CITY COUNCIL MINUTES 51 FEBRUARY 2, 1976 RESOLUTION NO. 76-18 Council unanimously SPECIAL COUNSEL - AD 240 (7:0) adopted the ADOPTED following resolution, on motion of Council- man Yamamoto, seconded by Councilman Evans: RESOLUTION NO. 76-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA~PPOINTING AND EMPLOYING SPECIAL COUNSEL TO ASSIST IN THE PREPARATION OF SPECIAL ASSESSMENT PROCEEDINGS. (ASSESSMENT DISTRICT NO. 240, SILVER ACRES) CA 90 RESOLUTION NO. 76-19 VA. ?5-53, APPEAL NO. ADOPTED 357 seconded by Councilman Ortiz, Council adopted the following resolution (6:1) on motion of Councilman Bricken, with Councilman Evans dissenting: RESOLUTION NO. 76-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, REVERSING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO, ?5-53, APPROVING SAID VARIANCE~ APPLICATION, AND APPROVING APPEAL NO. 35? FILED THEREON BY COUNTRY CROSSROADS CORP. (l?th and Flower Streets) Implements Council action of November 17, 1975. CA 13.3 RESOLUTION NO. 76-20 The following resolu- ANNEXATION TO CITY OF ORANGE tion was continued to CONTINUED February 17, 1976, on the unanimously carried C7:0) motion of Councilman Ward, seconded by Coun- cilman Evans: NEGATIVE DECLARATION & RESOLUTION NO. 76-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CONSENTING TO THE DETACH- MENT OF UNINHABITED TERRITORY FROM THE CITY OF SANTA ANA FOR THE PURPOSE OF PERMITTING THE SAME TO BE ANNEXED TO THE CITY OF ORANGE UNDER THE NAME OF "PROPOSED ANNEXATION TO THE CITY OF ORANGE~NO. 303". CA 92 RESOLUTION NO. 76-21 The following resolu- ANNEXATION TO CITY OF SANTA ANA tion was continued to CONTINUED February 17, 1976, on the unanimously carried (?:0) motion of Councilman Evans, seconded by Councilman Brandt: NEGATIVE DECLARATION & RESOLUTION NO~ 76~21 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "SANTIAGO~CREEK AND GARDEN GROVE FREEWAY NORTHEAST ANNEX" TO THE CITY OF SANTA ANA. CA 94 CITY COUNCIL MINUTES 52 FEBRUARY 2, 1976 RESOLUTION NO. 76-22 Council unanimously PREVAILING WAGE RATES adopted (7:0) the ADOPTED following resolution on motion of Council- man Yamamoto, seconded by Councilman Evans: RESOLUTION NO. ?6-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ASCERTAINING AND DETERMINING THE PILEVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT, OR TYPE OF WORKMAN, OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS, IN THE CITY OF SANTA ANA. Annual revision required by State law. CA 99.1 On the unanimously carried (7:0) motion of Councilman Brandt, seconded by Councilman Ortiz, Council directed the City Attorney to recommend State legislation which would require only one annual legal publication of prevailing wage rates which would suffice for all local agencies which are required to publish the rates. RESOLUTION NO. 76-23 - SUPPORT Council unanimously E~PLOYEE ORGANIZATION AMENDMENT adopted (?:0) the ADOPTED following resolution on motion of Council- man Ward, seconded by Councilman Bricken: RESOLUTION NO. 76-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXPRESSING SUPPORT FOR SENATOR STULL'S PROPOSED CONSTITU- TIONAL AMENDMENT AMENDING SECTION 8, ARTICLE 1 OF THE CALIFORNIA STATE CONSTITUTION RELATING TO AN INDIVIDUAL'S RIGHT NOT TO BE REQUIRED TO JOIN OR TO PAY DUBS OR FEES TO ANY EMPLOYEE ORGANIZATION AS A CONDITION OF EMPLOYMENT BY ANY GOVERNMENTAL ENTITY. CA 57 RESOLUTION NO. 76-24 The following BURGLARY PREVENTION INDEX resolution was ADOPTED adopted unanimously (?:0), on motion of Councilman Yamamoto, seconded by Councilman Ortiz: RESOLUTION NO. 76-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO SUBMIT A THIRD YEAR APPLICATION FOR A GRANT FROM THE OFFICE OF CRIMINAL JUSTICE PLANNING AND THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR THE ORANGE COUNTY BURGLARY PREVENTION INDEX PROGRAM. CA 47 RESOLUTION NO. 76-25 NEW CLASSIFICATIONS ADOPTED by Councilman Ward, Council adopted tion: On the unanimously carried motion (7:0) of Councilman Bricken, seconded the following resolu- RESOLUTION NO. 76-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 3 OF RESOLUTION NO. 58-281 TO ESTABLISH THE CLASSES OF DEPUTY CITY MANAGER AND DIRECTOR OF COMMUNITY RELATIONS; and the Classification Specifications for Deputy City Manager and Director of Community Relations were approved. CA 50.1 CITY COUNCIL MINUTES 53 FEBRUARY 2, 1976 RESOLUTION NO. 76-26 The following COLORADO RIVER BOARD resolution was CONTINUED continued to February 17, 1976, on the unanimously carried (7:0) motion of Councilman Ortiz, seconded by Councilman Ward: RESOLUTION NO. 76-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING THE GOVERNOR AND THE MEMBERS OF THE STATE LEGISLATURE TO RETAIN THE COLORADO RIVER BOARD IN SUBSTANTIALLY ITS PRESENT FORM. CA 57 DISTINCTIVE COLOR FOR BIKE LANES REFERRED support for legislation can be used exclusively The letter dated January 14, 1976 from the City of La Mirada requesting to provide that a distinctive color for bike lane indication was referred to Staff for investigation and report on the motion of Council- man Evans, seconded by Councilman Bricken and carried (7:0) unanimously. CA 18.6 AMENDMENT APPLICATION 736 Amendment Applica- SENIOR CITIZENS HOUSING SITE tion 736 to rezone HEARING SET the site for the Senior Citizens Housing Project from the "0" Open Space and "P" Professional Height District II, to the "SD" Specific Development District and the Specific Development Plan were set for public hearing on February 17, 1976, at 7:30 P.M. as recommended by the Plan- ning Commission, on the motion of Councilman Evans, seconded by Councilman Ward and carried (7:0) unanimously. CA 10 AGENDA ORDER By request of Mrs. Weston Walker, Mayor Garthe announced that Item #55 re- garding Birch Park would be heard after the scheduled even- ing Agenda. REQUEST FOR DELETION OF CONDITION 9; PARCEL MAP 941 REFERRED Map No. 941, was referred to sideration, on the motion of Councilman Bricken The request of William- son and Schmid Engin- eering to delete Condition #9 of Parcel Staff for evaluation and con- Councilman Evans, seconded by and carried (7:0) unanimously. CA 25 HELIOTROPE STREET On the recommendation WALL EASEMENTS of the City Attorney, ACCEPTED grants of easement ,to the Heliotrope Street wail were accepted, on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried (7:0) unanimously. CA 29.1 CITY COUNCIL MINUTES 54 FEBRUARY 2, 1976 EXTENSION OF CONTRACTS As recommended by CETA TITLE VI Assistant to the APPROVED City Manager, Manuel Rede in his report of January 28, 1976, contract extensions under C~TA Title VI from February 9 to June 30, 1976, for non-profit agencies' contracts, were approved and their execution by the Mayor and Clerk was authorized, on the motion of Councilman Evans, seconded by Councilman Ward and carried (7:0) unanimously. CA 131.11 CETA TITLE I FUNDING Funding levels for TRANSITIONAL QUARTER the CETA Title I pro- APPROVED grams for the transi- tional quarter, July 1, 1976 to September 30, 1976 were approved as recommended by Manpower Project Coordinator, Keith E. Blunt, in his Jan- uary 19 report; and execution of contract modifications by the Mayor and Clerk was authorized~ on the motion of Council- man Evans, seconded by Councilman Brandt and carried (7:0) unanimously. CA 131.11 REHABILITATION PROGRAM The first year COM~4UNITY DEVELOPMENT Community Develop- APPROVED ment Rehabilitation Program Outline pre- pared by the Department of Building, Safety and Housing, dated January 27, 1976, was approved and Staff was author- ized to proceed with arrangements for a luncheon meeting with private lenders hosted by the Mayor and City Council, on the motion of Councilman Ward, seconded by Councilman Bricken and carried (7:0) unanimously. CA 140.20 AGENDA ORDER 1976-77 would be considered at as the final public hearing on The Mayor announced that the Community Development Grant Application for a public hearing to be held the evening Agenda. JOINT CITY-SCHOOL USE Joint use of a CENTENNIAL PARK portion of Centennial CONDITIONALLY APPROVED Park with Rancho Santiago School District was approved in principle with the conditions that there will be no additional cost to the City, that the school district use shall be compatible with City's and County's recreational program and that it will in no way delay the park development, on the motion of Councilman Ward, seconded by Councilman Yamamoto and carried (7:0) unanimously. CA 52 HIRING MORATORIUM EXEMPTIONS REQUESTS APPROVED ing hiring moratorium exemption As recommended by the City Manager in his report of January 27, 1976, the follow- requests were approved: CITY COUNCIL ~4INUTES 55 FEBRUARY 2, 1976 1. Emergency Services Dispatcher, Fire Department, on the motion of Councilman Ward, seconded by Councilman Yama- mote and carried (7:0) unanimously. 2. Water Foreman, Public Works Department, on the motion of Councilman Ward, seconded by Councilman Brandt and carried (5:2) with Councilmen Evans and Yamamoto dissenting. 3. Water Plant Operator, Public Works Department, on the motion of Councilman Yamamoto, seconded by Councilman Ward and carried (4:3) with Councilmen Brandt, Bricken and Evans dissenting. CA 50 REQUEST FOR FUNDS The request by the PROPOS£D CULTURAL CENTER Public Information APPROVED Officer, Frank Blaszcak, for authorization of $1,400 for transportation, travel and lodging for Council (Councilman Brandt), Staff (Frank Blaszcak), and Citizen (Robert Blaustone) representatives to travel to the Cities of San Francisco, San Jose, Concord, Tucson, Phoenix and Scottsdale to explore possible financing for Santa Ana Cultural Center, was approved on the motion of Councilman Evans, seconded by Councilman Ward and carried (6:1) with Councilman Yamamoto dissenting. CA 5 2.8a MID-YEAR BUDGET REVISIONS Twelve mid-year APPROVED budget revisions, itemized by Jed Christensen, Budget and Management Analyst, in his report of January 29, 1976, were approved on the motion of Councilman Ward, seconded by Councilman Evans and carried (7:0) unanimously. Councilman Evans wished to register his disapproval of Item #7 on page 2, and the following Contingency items on page 3: Membership in Fair Housing Council, Financial Consultant for Housing Authority, and payment to Dr. Fielding, Transportation Con- sultant. CA 65B APPROPRIATION ADJUSTMENT #98 Appropriation Adjust- FIRE DEPARTMENT FILM ment #98 to establish APPROVED an account for the production of the Fire Department film was approved on the motion of Council- man Evans, seconded by Councilman Brandt and carried (7:0) unanimously. CA 65.3 ORAL STATUS REPORT City Manager Bruce AMENDMENT TO REFUSE CONTRACT Spragg distributed RECEIVED to Council a chart indicating amounts paid to the refuse contractor, Great Western Reclamation, Inc.,since 1963 with projections to 1978, specifying the amounts and percentages of increase each year for CPI adjust- ments as well as Special Labor Rate adjustments, along with the statement that Mr. Blackman will submit an audit report, all received by Council on the motion of Councilman Ortiz, seconded by Councilman Evans and carried (7:0) unanimously. CA 11.4 A-6-21-71 CITY COUNCIL MINUTES 56 FEBRUARY 2, 1976 STATUS REPORT - COMMUNITY CARE Mr. Les Smith, Land FACILITIES LOCATION STUDY Use Investigator for RECEIVED the Planning Depart- ment, made an oral presentation with the use of maps and overlays showing the ~progress of the~study being conducted by the Planning Depart- ment to locate various community care facilities in Santa Ana to determine the number and concentrations. Mr. Smith stated that figures so far indicate that Santa Aha has an inordinate number of socially related facilities; that 3,263 persons occupy these homes; that the County has placed 702 people in Santa Ana and the State has placed 2,561; that Santa Ana has 70% of the developmentally disabled and 49% of the mentally ill persons in the County and about 10% of the County's population; and that 148 of these homes violate the City's zoning code. The oral report was received and Staff was directed to pre- pare a simplified report with recommendations, on the motion of Councilman Ortiz, seconded by Councilman Ward and carried (7:0) unanimously~ CA 78 RECESS At 3:42 P.M., Mayor Garthe recessed the meeting; at 3:52 P.M. the meeting was re- convened with the same Councilmen present. ORAL COMMUNICATION - CHAMBER Mr. Hector Godinez, OF COMMERCE SUPPORT President of the MCAS ANNEXATION Greater Santa Ana Chamber of Commerce, presented a Resolution of the Chamber, adopted January 30, 1976, giving 100% support to the City's position opposing the City of Tustin's proposed annexation and pledged the Chamber's continued future support. CA 94 ADDITIONAL REGULAR COUNCIL After discussion of MEETING - FOURTH TUESDAY Councilman Ward's REFERRED FOR ORDINANCE suggestion that the Council schedule a third monthly meeting, the City Attorney was directed to pre- pare an ordinance to provide for a regular meeting of the City Council on the fourth Tuesday of the month in Room 831, City Hall, 20 Civic Center Plaza, from S:00 P.M. to 7:30 P.M., on the motion of Councilman Brandt, seconded by Councilman Evans and carried (7:0) unanimously. The motion further provided that the Redevelopment Agency meeting date be changed to the fourth Tuesday at 5:00 P.M. CA 80 At 4:10 P.M. Mayor Garthe left the meeting with Vice Mayor Evans presiding. ORAL COMMUNICATION Mr. J. Ogden Markel VARIANCE APPLICATION of 1814 South Parton 1504 SOUTH PARTON was directed to the Planning Department with a complaint regarding a variance at 1504 South Patton. CA 78 CITY COUNCIL MINUTES 57 FEBRUARY 2, 1976 TRAC- 3__APPOINTED; The following appoint- CANDIDATE SELECTION PROCEDURE ments were made for REQUESTED the terms indicated, to the Transportation Advisory Committee on the motion of Councilman Ward, seconded by Councilman Brandt and carried (6:0) unanimously with Mayor Garthe absent: Jean Ankrum, for a term ending December 31, 1978 Jack Zullinger, for a term ending December 31, 1978 Fred Zifferman, for a term ending December 31, 1978~ CA 29.10a After a discussion of the City Attorney's opinion that dis- cussion of candidates for appointment to Boards and Commissions must be done in a public meeting to conform to new legislation effective January~l, 1976, the Mayor was requested to appoint a Council ad hoc committee to recommend a procedure for'.ap- pointing a revolving subcommittee to review candidates for appointments to Boards & Commissions on the motion of Council- man Ward, seconded by Councilman Bricken and carried (6:0) with Mayor Garthe absent. CA 80.9 RECESS At 4:35 P.M. Vice Mayor Evans recessed the meeting for dinner; at 7:30 P.M. the meet- ing reconvened with all Councilmen present except Mayor Garthe. INVOCATION The Pledge of PLEDGE OF ALLEGIANCE Allegiance to the Flag, led by-Girl Scout Troop #1473, Mrs. Jean Casey, Troop Leader, was followed by the Invocation given by Pastor William Nadel of St. Peter Evangelical CA 80.17 Church. CA 9.10 COMMUNITY SPOTLIGHT INTERESTED CIT.IZENS OF SANTA ANA Mrs. Harriet Tyler~of Interested Citizens of Santa Ana in appreciation for their contribution toward the betterment of the City., Mrs. Tyler stated that the Interested Citizens of Santa Ana were organized in 1970 as a result of a meeting of a few women gathering together to recognize and acknowledge the contribution of black citizens for the Santa Ana Centennial; that the primary purpose is to provide social, recreational and educational assistance to senior citizens, cultural and educational events for all citizens and scholar- ships to needy students; that they had initiated the hot lunch program at Jerome Center for senior citizens; that they have for ? years presented a cultural program at the Bowers Museum featuring black musicians in addition ~o two fund raisers, the Chicken Festival and a fall fashion buffet; and that they have donated funds to other local organizations, and provided 25 scholarships for needy students since 1971. CA Councilman Brandt pre- sented a City Seal Tile to 9.3 CITY COUNCIL MINUTES 58 FEBRUARY 2, 1976 NEGATIVE DECLARATION Vice Mayor Evans APPEAL NO. 360 VA 75-68 announced that this CONTINUED was the time and place for the public hearing o~ Appeal No. 360 of the denial by the Planning Com- mission of Variance Application 75-68 to allow a psychothera- pist practice within an existing single family (Ri District) at 2304 North Park Boulevard. The Appeal was filed by the Applicant for the Variance, Dr. David H. Wilson. When Vice Mayor Evans called for speakers in favor of the Appeal, there was no response. Clerk of the Council Florence I. Malone reached the Applicant by telephone and he told her he had not received a notice of the hearing date. A petition for the denial of the Variance and the Appeal, signed by 24 neighborhood residents was received and filed on the unanimously approved (6:0) motion of Councilman Yamamoto, seconded by Councilman Brandt. The hearing was continued to February 17, 1976, at 7:30 P.M. and Staff was directed to notify the applicant by certified mail, and request a return receipt, on the motion of Council- man Yamamoto, seconded by Councilman Brandt and carried (6:0) with Mayor Garthe absent. CA 13.3 NEGATIVE DECLARATION & Vice Mayor Evans AMENDMENT APPLICATION 735 announced that this FIRST READING - NS-1296 was the time and place for the public hearing of Negative Declaration and Amendment Application 735 filed by James E. and Leola J. Noe, Dwight C. and Iris E. Schroeder and Lowell K. and Betty Gray Schroeder to re- zone property generally located on the west side of Old Grand Avenue between Beechwood Street and Joana Drive from the 60-A1-7200 District to the Ri District, or a more restrictive District. At the Vice Mayor's request, the Clerk reported that there were no written communications. The Planning Director reported that the rezoning conforms to the General Plan. There was no response to the Vice Mayor's request for speakers on the subject of this Amendment Application; the public hearing was closed. On the unanimously carried (6:0) motion of Councilman Brandt, seconded by Councilman Ward, the Negative Declaration was approved and filed and the following Ordinance NS-1296 was placed on first reading: ORDINANCE NS-1296 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 735 FILED BY JAMES E. AND LEOLA J. NOB, DWIGHT C. AND IRIS E. SCHROEDER, AND LOWELL K. AND BETTY GRAY SCHROEDER, REZONING PROPERTY FROM THE 60-A1-7200 (GENERAL AGRICULTURAL) DISTRICT TO THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 6-5-9. CA 10 CITY COUNCIL MINUTES 59 FEBRUARY 2, 1976 NEGATIVE DECLARATION & CODE Vice Mayor Evans AMENDMENT CUP FOR CARE HOMES announced that this FIRST READING - NS-1297 was the time and place for the public hearing of the Negative Declaration and proposed Municipal Code amendment to require a Conditional Use Permit for family care homes, foster homes and group homes in all use districts permitting residential uses. Charles Zimmerman, Planning Director, reported that the Plan- ning Commission was quite concerned about the concentration of this type of facility; that the proposed ordinance would enable the City to exercise some control over concentrations of these facilities in lieu of prohibition. There was no response to Vice Mayor's on the subject of this Municipal Code public hearing was then closed. request for speakers amendment, and the On the unanimously carried (6:0) motion of Councilman Brandt, seconded by Councilman Ortiz, the Negative Declaration was approved and filed and the following Ordinance NS-1297 was placed on first reading: ORDINANCE NS-1297 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-201, 41-217, AND 41-232 OF THE SANTA ANA MUNICIPAL CODE, AND ADDING SECTION 41-638.5 TO THE SANTA ANA MUNICIPAL CODE, IMPOSING THE REQUIREMENT OF A CONDITIONAL USE PER- MIT FOR FAMILY CARE HOMES, FOSTER HOMES AND GROUP HOMES IN ALL USE DISTRICTS PERMITTING RESIDENTIAL USES. CA 78 PARKING RESTRICTIONS Vice Mayor Evans NEWHOPE BIKE TRAIL announced that this RESOLUTION REQUESTED was the time and place for the public hearing of a citizen request for the establishment of a bike trail on Newhope Street between Edinger and McFadden Streets and the implementing of parking restrictions. Ronald Wolford, Public Works Director, stated that this mat- ter had come about as a result of neighborhood interest in a number of improvements in their area; that the request for the bike lane involves parking restrictions in front of 12 homes; that 11 of the residents were in favor of the plan and the remaining one was notified of the public hearing to be held; and that Staff knows of no opposition. There being no speakers on this subject, the Vice Mayor closed the public hearing. The City Attorney was directed to prepare a Resolution est- ablishing parking restrictions during the hours of 7:00 A.M. to 9:00 A.M. and 2:00 P.M. to 4:00 P.M. Monday through Friday at specified locations on Newhope between Edinger and McFadden to implement the Newhope Bike Trail on the motion of Councilman Brandt, seconded by Councilman Yamamoto and carried (6:0) with Mayor Garthe absent. CA 18.6 CITY COUNCIL MINUTES 60 FEBRUARY 2, 1976 APPEAL - DENIAL OF TAXI EDWARD H. CHOATE, JR. DENIAL AFFIRMED PERMIT hearing of the appeal of denial filed by Edward H. Choate, Jr. Vice Mayor Evans announced that this was the time and place for the public of taxicab operator's permit There was no response to the Vice Mayor's request for speakers in favor of or in opposition to the Appeal; and Vice Mayor Evans closed the public hearing. The decision of the Police Chief to deny a taxicab operator's permit to Edward H. Choate, Jr. was affirmed on the motion of Councilman Yamamoto, seconded by Councilman Brandt and carried (6:0) with Mayor Garthe absent. CA 26.3 PUBLIC HEARING Vice Mayor Evans CD GRANT APPLICATION 1976-77 announced that this APPROVED WITH MODIFICATIONS was the time and place for the public hearing of the proposed Community Development Grant Applica- tion for 1976-77. In response to the Vice Mayor's request, the Clerk stated that no written communications had been received in this matter. Assistant City Manager, Thomas Andrusky, stated that this is the second Community Development Application which totals 1.5 million dollars; that it was developed with extensive community meetings and reviewed by the Planning Commission, Human Relations Commission, Recreation and Parks Board and the Staff; that the key projects listed are the C-5-F Storm Drain, $800,000, Redevelopment Project Area Housing Clearance and Replacement, $250,000, Neighborhood Plans, $75,000; that the Neighborhood Plans are to complete the plans for the west, south central and central areas and also to look at the southwest, northwest and Standard and Lyon areas. Mr. Ray Villa, 2106 North Bristol, stated that he was perturbed by the persistent requests by the Orange County Human Relations Commission to act as a reviewing authority for the plan; that the review should properly be a function of the Santa Ana Human Relations Commission and that the Board of Supervisors should be requested to instruct the Orange County Human Rela- tions Commission to devote its time to the community plans being formulated for the County areas and those cities who do not have a Human Relations Commission. Mr. George Estrada of the Delhi Homeowners Association stated that he would welcome review of the City's plans by the Orange County Human Relations Commission. Mr. Estrada had several questions regarding the Application to which the Staff replies were: that the 14-block Housing Clearance and Replacement Area would provide for low and moderate income housing plus 200 units for the elderly; that there would be a mixture of 1, 2 and 3 bedroom units; that bilingual personnel are always provided at public meetings regarding community plans and that all Community Development literature and announcements have been provided in Spanish as well as English; that HUD officials had visited City Hall in the last week and after a 3-day CITY COUNCIL MINUTES 61 FEBRUARY 2, 1976 review of the Citys' plans had given the City a good rating on its Community Development Plan. There being no further speakers, the Vice Mayor closed the public hearing. Councilman Ortiz questioned the allocation of $75,000 for neighborhood plans in this second year funding. Charles Zimmerman, Planning Director, stated that if it is found that the sum allocated is not needed for plans, that it will be placed in the Contingency Fund. On the motion of Councilman Ward, seconded by Councilman Yamamoto, the draft 1976-77 Community Development Grant Ap- plication was approved with the following modifications: 1) Page 12, C-4 the words "with emphasis on" to be added before "low and moderate income families."; and 2) Page 18, #7 Development of Neighborhood Plans, delete $7S,000 for 1976-77 these funds to be placed in the Community Develop- ment Contingency account for any needed use determined by Staff and subject to Council release of the funds for the proposed use. The motion was carried unanimously (6:0) with Mayor Garthe absent. An amendment to the main motion, proposed by Councilman Bricken, seconded by Councilman Yamamoto, to restrict all funds for Housing Replacement ($125,000) and for Rehabilita- tion Loans ($75,000) to the three target areas previously approved by Council (west, central and south central) was defeated (2:4) with Councilmen Ward, Brandt, Evans and Ortiz dissenting. Mayor Garthe was absent. Prior to the vote on the amendment, Mr. Harold Stokes of the City Attorney's Office explained that if the money were not used by the applicants in the three restricted target areas, applications from other areas could not be accepted and excess funds would have to be returned; and that it would not be to Santa Ana's advantage to restrict the use of the Rehabilitation Loan and Housing Replacement funds. CA 140.20 Mayor garthe returned to the meeting at 8:40 P.M. ORAL COMMUNICATION - BIRCH PARK The request made by REFERRAL ITEM NO. 221 Mrs. Adeline Walker, TABLED Executive Secretary of Let's Improve Santa Ana, was tabled until the Birch Park area has been developed, and Council Referral Item #221 was deleted, on the motion of Councilman Ward, seconded by Councilman Yama- moto and carried (5:2) with Councilmen Evans and Bricken dis- senting. The legal opinion prepared by the City Attorney's Office, restated by Keith Gow, concluded that the designation carried with it no real limitation on future development, use, change of use and abandonment as a park, but it would subject any such future development to more extensive review requirements under the Environmental Quality Act. CITY COUNCIL MINUTES 62 FEBRUARY 2, 1976 Mrs. Adetine Walker stated that as a member of the Cultural Heritage Committee, she and her committee members had con- ducted the research and recommended that Birch Park be designated as a point of historical interest; that the Com- mittee feels that its effort to preserve Santa Ana's history is being overlooked; and that they know of no law that exempts the City from an Environmental Impact Report on Birch Park. Councilman Brandt stated that Environmental Impact Reports are very costly, and a savings to the taxpayer would result if they are not needed. Councilman Evans assured Mrs. Walker that the Council's action is not a negation of the Committee's activities, but that Council wishes to proceed in a positive manner. Councilman Bricken added that environmental require- ments are to cause us to think about things like points of historical interest. Councilman Ward stated that the Council is totally committed to enhancing the park area. George Estrada expressed his support for the historical in- terest designation. Councilman Bricken suggested that the Minter Home and the American Legion Hall be developed together with Birch Park as a point of historical interest. He also stated that the Committee had done a fine job in Santa Ana. CA CA DEED, NO CASH - GRANTOR, WYCLIFFE PLAZA EXECUTION AUTHORIZED CITY the motion of Councilman Evans, and carried (7:0) unanimously: Execution of the following deed by the Mayor and Clerk was authorized on seconded by Councilman Brandt WYCLIFFE PLAZA - East side of Flower Street north of Washington for vehicular access rights. CA 131.10 52 155 COMMUNITY DEVELOPMENT FUNDS Reverend Richard MUSTARD SEED COMMUNITY CENTER Lockett's request REFERRED for Community Devel- opment funds to support the Mustard Seed Community Center at 1336 West Fifth in its efforts to provide temporary emergency housing and assistance in locating jobs for minority families, was referred to Staff for report and recommendation on the motion of Councilman Brandt, seconded by Councilman Evans and carried (7:0) unanimously. Manuel Rede, Assistant to the City Manager, stated that he felt that the activities of the Center might qualify it for future community development funds. CA 140.20 CITY OF TUSTIN-ANNEXATION The City Attorney OF MARINE CORPS AIR STATION was authorized to LAWSUIT AUTHORIZED file a suit on behalf of the City of Santa Ana, each Councilman in support of the motion, interested taxpayers and any other interested party, against the Local Agency Formation Commission and the City of Tustin to challenge the legality of the presently constituted membership of the Local Agency Formation Commission and to challenge the legality of any or all steps taken toward the annexation of the Marine Corps Air Station to the City of Tustin, on the motion of Councilman Brandt, seconded by Councilman Ortiz and carried CA 94 (6:1) with Councilman Evans dissenting. CA 139 CITY COUNCIL MINUTES 63 FEBRUARY 2~ 1976 ORAL COMMUNICATION Councilman Evans asked JOB CLASSIFICATION when Council would REQUESTED receive a revised des- cription for the posi- tion of Public Information Officer to which the City Manager responded that it would be prepared for the next Council CA 50.1 meeting. ORAL COmmUNICATION Mayor Garthe reported STREET LIGHTS - MAR-LES DRIVE that he had received REFERRED an inquiry regarding the installation of street lights on a private street, Mar-Les Drive. The matter was referred to'Staff for investigation and report on the unanimously approved (7:0) motion of Mayor Garthe, seconded by Councilman Evans. CA 29.3 ADJOURNMENT At 9:45 P.M. the meeting was adjourned to 12:00 Noon at Mr. Mike's Restaurant, 2101 East Edinger Avenue, Santa Ana, California for a luncheon regarding the Property Rehabilitation Program under Community Development Grant on the motion of Mayor Garthe, seconded by Councilman Evans and carried (7:0) unanimously. FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 64 FEBRUARY 2, 1976