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HomeMy WebLinkAbout11-15-1976MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 1S, 1976 The meeting was called to order at 2:00 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Mayor John Garthe. The follow- ing members of Council were present:. David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward and Mayor Garthe. Councilman Gordon Bricken arrived at 2:05 P.M. Also present were the following members of Staff: City Manager Bruce C. Spragg, Deputy City Attorney James Conkey, Senior Civil Engineer J. Richard Smith, Planning Director Charles C. Zimmer- man, and Clerk of the Council Florence I~ Malone. INVOCATION PLEDGE OF ALLEGIANCE Harry K. Yamamoto. Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman RECESS HOUSING AUTHORITY Council reconvened at present. At 2:02 P.M. Council recessed to convene the regular meeting of the Housing Authority; 2:08 P.M. with all Council members CONSENT C~L~ENDAR Item 4 E was removed ITEMS REMOVED & from the Consent Calen- DISSENTING VOTES dar upon the request of Councilman Brans; NO votes were registered on Items 4 A by Councilman Yamamoto, S A and 5 C by Councilman Evans, and 12 B by Councilman Ward. CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS approved (7:0) motion APPROVED of Councilman Evans, seconded by Councilman Yamamoto, Council approved the Staff recommendations on the following Consent. Calendar Items: MINUTES October 16 and 26, October 26, 1976. Approved the Minutes of the Adjourned Regular Meetings of 1976, and the Regular Meeting of BID CALLS Approved plans and specifications, and authorized advertise- ment for bids on the following: SPEC 76-028 - Three trailers for Recrea- tion and Parks Department. SPEC 76-049 - Two trucks for Public Works Department. SPEC 76-054 - Lease of three vans for Building Safety and Housing Department. (Funded by State Grant) CITY COUNCIL MINUTES 423 NOVEMBER 15, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 76-055 Handtools for use in the Housing Maintenance and~Training Program. (Funded by State Grant) PROJECT 2040 - Reconstruct portions of Flower Street between Santa Aha Boulevard and Sixth Street. BID AWARDS Rejected the bid on the following from P. G. Boring Co. as non-responsive to the specifications, and awarded SPEC 76~035 on the basis of lowest responsible and best bidder as follows: SPEC 76-035 - One underground piercing tool for Public Works, Water Division; awarded to Allied Pipe & Supply, Inc., in the amount of $3,959.80. Awarded the following on basis of lowest respons- ible and best bidder: pROjEcT 8074 B - Construct patio cover, trash enclosures and sidewalks adjacent to Senior Citizens Service Center; awarded to J. T. Christemsen dba Bayside Builders, for a total ~mount of $18,873.00. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: BAUTISTA, Arthur N. and Vernancio Z. 608 Bast Central Avenue - Person to Person Transfer - Type "40" On Sale Beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 A) COLQUITT ENTERPRISES, INC. 2515 West McFadden - Person to Person Transfer Type "21" Off Sale General. FLING, INC. o 2370~D Tustin Avenue Self-Incorporation Section 24071 - Type "48" On Sale General. GOMBZ, Clancy Valderay & Jimmie Rae - 1328 West First Street Person to Person Transfer - Type "21" Off Sale General. VARIANCES ~ MINOR EXCEPTION sion Finding of Fact Approved and filed Negative Declaration and Planning Commis- on the following: NEGATIVE DECLARATION & VA 76-59 - Filed by Exxon Company to allow a towing company and storage of trucks in an existing service station at 2701 North Grand Avenue in the Ri District. APPROVED. Councilman Evans registered a NO--vote. (Agenda Item 5 A) CA 89 CA 89 CA 146 CA 15 CITY COUNCIL MINUTES 424 NOVEMBER 1S, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued Approved and filed Categorical Exemptions and Planning Commission Findings of Fact on the following: CATEGORICAL EXEMPTION & VA 76-65 - Filed by Douglas C. Btliott to allow a canopy sign on an existing building in a shopping center at 1002 Bast Seventeenth in the C1 District. APPROVED. CATEGORICAL EXEMPTION & MINOR EXCEPTION 76-29 - Filed by Joe Cenatiempo to allow on-sale beer and wi~e in an existing res- taurant located within 300 feet of a residential district at 2821 South Bristol Street in the C2 District. APPROVED. Councilman Evans registered a NO vote. (Agenda Item 5 C) DEED WITH CASH Approved the following GRANTEE, CITY deed and authorized REFERRAL ITEM 38-76 Mayor to sign all necessary documents in connection with the purchase; deleted Council Referral Item #38-?6 from the Summary: SANTA ANA UNIFIED SCHOOL DISTRICT - East side of Raitt South of Edinger for street purposes. TENTATIVE TRACT Approved and filed MAP the Negative Declara- tion and approved the following map subject to conditions contained in Planning Director's report: NEGATIVE DECLARATION & MAP NO. 9451 Filed on September 21, 1976 by Charles Laraway and Henry Ullman creating six Ri lots; all proposed lots to be used for single family residences; generally located at the end of Eighteenth Street, 529 feet east of Towner Street. COUNTY TAX COLLECTOR'S SALE Consented to sale of of the following: NO. 1222 - One 60' x 136' parcel of land on Towner Street south of Washington Avenue, SURPLUS PROPERTY Declared the garage REPORTS surplus and authorized its demolition due to age and general dilapidated condition on the follow- ing: SPR NO. 76-8 - Project 7043 (Assessment District 240) Two-car frame and stucco garage on the south side of Silver Drive at the northerly prolongation of Cooper Street and West Euclid Avenue (AP 99-213-03). CA 13 CA 15.2 CA 155 CA 24 CA 45.3 CITY COUNCIL MINUTES 425 NOVEMBER 15, 1976 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued Determined that the restroom and card room are surplus and not compatible with the new Senior Citizens Service Center, and approved the demoli- tion of the buildings, on the following: SPR NO. 76-9 - Project 8074 - Demolition of restroom and card room in Birch Park, at Third and Ross Streets. AGREEMENTS Approved the following agreements and authorized their execution by Mayor and Clerk: STREET EASEMENT - Between City and Southern Pacific Transportation Company for the wid- ening of Alton Avenue from Bristol Street to Susan Street. EXTENSION & MODIFICATION OF EMPLOYMENT CONTRACT - Between City and Robert H. Peterson, a term contract employee under the Orange County Narcotic Index Grant Award Project federally funded under the crime control act of 1973. Cooncilman Ward registered a NO vote. (Agenda Item 12 B) CONVEYANCE OF REAL PROPERTY - Between City and Erich Ditscher, Leonard R. and Sidne J. O'Reilly, and Acelia Webster for the purchase of real property for the construction of Cooper Street. (Assessment District No. 240, Silver Acres) CA 45 A-76-103 A-76-104 A-76-105 BOARDS ~ COMMISSIONS prepare a recognition of Accepted the following resignation with regret and directed Staff to service: Letter dated November 1, 1976 from Jack L. O'Dell resigning from the Planning Commission effective after the November 8 meeting. CA 78.1a LIABILITY CLAIMS Administration. Referred Cla-ims received from October 27 through November 8, 1976 to CA 65.7b COUNCIL REFERRAL SUMMARY Council. Received and filed status report of matters referred to Staff by CA 80.2 PROCLAMATIONS from October 26 to Received. and filed Report of Proclamations issued by the Mayor November 9, 1976. CA 46 * * * * * * * * CONSENT CALENDAR FINIS CITY COUNCIL MINUTES 426 NOVEMBER 1S, 1976 ALCOHOLIC BEVERAGE LICENSE The following Application APPLICATION - VENTRESCA for Alcoholic Beverage FILED License was received and filed without protest, b~cause the property owner had applied for and received Minor Exception 76-29 as required by the Municipal Code (Agenda Item S C), on the motion of Councilman Ward, seconded by Councilman Ortiz, and carried S:2,-with Councilmen Evans and Yamamoto dissenting: VENTRESCA, Arduino Dino - 2821 South Bristol - Original Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). CA 146 READING WAIVED On the unanimously approved 7:0 motion of Councilman Ward, seconded by Council- man Evans, 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-1319 , EMPLOYEE PROCEDURES ADOPTED 7:0 motion of Councilman Evans, The following ordinance was placed on second reading and adopted, on the unanimously carried seconded by Councilman Ward: ORDINANCE NO. NS-t319 - AN ORDINANCE OF THE CITY OF SANTA ANA ESTABLISHING PROCEDURES TO BE IMPLE- MENTED PRIOR TO THE SUSPENSION, DEMOTION OR DIS- MISSAL QE NON-PROBATIONARY EMPLOYEES FROM THE COMPETITIVE SERVICE. CA 50 ORDINANCE NS-1327 Council placed the follow- AMENDMENT APPLICATION 745 ing ordinance on second ADOPTED reading and it was adopted 5:0, on the motion of Councilman Ward, seconded by Councilman Brandt. Councilmen Bricken and Evans abstained from voting because they had not been present for the public hearing held on October 26, 1976: ORDINANCE NO. NS-1327 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 74S FILED BY TUSFORD-WARMINGTON REZONING PROPERTY FROM THE R4 (SUBURBAN APARTMENT) DISTRICT TO THE R4-PRD (PLANNED RESIDENT IAL~DBVELOPMENT) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 8-S-9. (1401 North Williams Street) CA 10 ORDINANCE NS-1331 OBSTRUCTION OF RIGHT OF WAY FIRS% READING carried 7:0 motion Councilman Evans, seconded by Councilman Brandt: ORDINANCE NO. NS~1331 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 10-100 TO THE SANTA ANA MUNICIPAL CODE PROHIBITING OBSTRUCTIVE MATTER IN THE PUBLIC RIGHT-OF-WAY. The following ordinance was placed on first read- ing on the unanimously of CA 35 CITY COUNCIL MINUTES 427 NOVEMBER 15, 1976 ORDINANCE NS-1332 Council placed the P.E.R.S. CONTRACT following ordinance ADOPTED on second reading and adopted it unanimously 7:0, on the motion of Councilman Evans, seconded by Council- man Brandt: ORDINANCE NO. NS-1332 - AN ORDINANCE OF THE CITY OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CON- TRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM. CA 50.20 A-76-108 ORDINANCE NS-1334 The motion by Council- FIGURE MODEL STUDIOS man Evans, seconded by CONTINUED Councilman Yamamoto, to place the following ordinance on second reading and adopt, failed to carry 3:4, with Councilmen Bricken, Evans, Brandt and Ward dissenting: ORDINANCE NO. NS-1334 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 12-120 THROUGH 12-135 REGULATING FIGURE MODEL STUDIOS AND FIGURE MODELS. Councilman Evans' motion to continue consideration of NS-1334 to the December 6 Council meeting to allow Staff to review the ordinance with the business people it will affect was seconded by Councilman Brandt, and carried 6:1, with Council- man Yamamoto dissenting. Two speakers came forward to ask for a continuance of the matter to allow them to review the propose~.ordinance and its effect on their businesses: Robert Kitchin, 1324 N. Grand, owner of Atlantis Modeling Paul O'Leary, 319 E. 17th St., owner of J. Faul's Massage and Modeling In response to a question by Councilman Bricken, Mr. O'Leary stated tkat there is no organization of models or modeling studio owners that would be similar to the Massage AssOciation. CA 91 ORDINANCE NS-1335 Council continued the MASSAGE ESTABLISHMENTS following ordinance CONTINUED to its meeting of December 6, 1926 to allow Staff to review the ordinance with the business people it will affect on-the motion of Councilman Evans, seconded by Councilman Brandt, and carried 6:1 with Councilman Yama- moto dissenting: ORDINANCE NO. NS-1335 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 22-1 THROUGH 22-15, AND REPEAL- ING SECTIONS 22-16 THROUGH 22-18 RELATING TO THE REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE TECH- NICIANS, AND THE PRACTICE OF MASSAGE. A prior motion by Councilman Yamamoto to adopt Ordinance NS-1335 failed for lack of a second. A continuance of the second reading of Ordinance No. NS-1535 was requested by John Di Fiore, 16651 Mt. Aaron Circle, Foun- tain Valley, Director of Training of the Los Angeles College of Massage and Physical Therapy, Santa Ana Branch. Mr. Di CITY COUNCIL MINUTES 428 NOVEMBER 15, 1976 Fiore stated that he had been an instructor for over a year and had just recently been appointed as Director of Training; that he wished to challenge the 1,000 hours of massage instruction required by the proposed ordinance; that a State license can be obtained with 240 hours of instruction, as required by the University of California at Long Beach; and that he also ob- jects to the prohibition of operat&ng a-massage school and a massage establishment at the same location on the basis that it would be a financial hardship to separate an existing joint operation. CA 91 ORDINANCE NS-1336 First reading of MODEL PERMIT FEES the following ordinance CONTINUED was continued to Decem- ber 6, om the motion of Councilman Bricken, seconded by Councilman Evans, and carried 6:1, with Councilman Yamamoto dissenting: ORDINANCE NO. NS-1556 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 12-123, 12-125, 12-128 AND 12-129 TO PROVIDE THAT FIGURE MODED STUDIO PERMIT FEES AND FIGURE MODEL PERMIT FEES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL. CA 91 CA 65 ORDINANCE NS -1537 Council continued first MASSAGE PERM%T FEES reading of the following CONTINUED ordinance to December 6, on the motion of Council- man Bricken, seconded by Councilman Evans, and carried 6:1, with Councilman Yamamoto dissenting: ORDINANCE NO. NS-1557 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 22-3, 22-S, 22-10 AND 22-11 TO PROVIDE THAT MASSAGE ESTABLISHMENT PERMIT FEES AND MASSAGE TECHNICIAN PERMIT FEES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL. CA 91 CA 65 RESOLUTION 76-125 INTENTION TO The following resolu- VACATE ALLEY N. OF i?TH ST. tion, which was recom- ADOPTED mended by the Planning Commission on Septem- ber 13, 1976, and continued from the Council meeting on Octbber 26, 1976, was unanimously 7:0 adopted, on the motion of Councilman Evans, seconded by Councilman Brandt: RESOLUTION NO. 76-125 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A MAP AND DECLARING ITS INTENTION TO VACATE A PORTION OF THE ALLEY IN BLOCK B OF THE WILEY'S ADDITION TO THE TOWN OF SANTA ANA, LYING NORTH OF SEVENTEENTH STREET, EAST OF MAIN STREET AND WEST OF BUSH STREET IN THR CITY OF SANTA ANA, CALIFORNIA; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE; DESCRIBING THE PORTION OF SAID ALLEY TO BE VACATED; SETTING A PUBLIC HEARING THEREON; AND DIRECTING NOTICE HEREOF TO BB POSTED AND PUBLISHED. The public hearing was set for December 6,' 1976 at 7:30 P.M. CA 14 CITY COUNCIL MINUTES 429 NOVEMBER 15, 1976 RESOLUTION 76-153 Council unanimously DELIVERY OF MUSICIANS' ASSOC. adopted the following LETTERS - ADOPTED resolution 7:0, on the motion of Council- man Evans, seconded by Councilman Brandt: RESOLUTION NO. 76-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND RATIFYING DELIVERY BY THE CITY MANAGER OF A LETTER TO THE MUSICIANS' ASSOCIATION, LOCAL NO. 7 OF THE AMERICAN FEDERATION OF MUSICIANS, AND AUTHORIZING THE CITY MANAGER TO DELIVER SIMILAR LETTERS IN THE FUTURE. CA 79 RESOLUTION 76-138 Council continued REJECTING CLAIMS consideration of the CONTINUED (AGENDA ORDER) following resolution to after Executive Session, on the unanimously approved 7:~ motion of Council- man Brandt, seconded by Councilman Evans: RESOLUTION NO. 76-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REJECTING CERTAIN CLAIMS HERETOFORE FILED AGAINST THE CITY. (Minutes Page 436) A prior motion by Councilman Evans to adopt the resolution, seconded by Councilman Brandt, was subsequently withdrawn by maker and second, in favor of the continuance. RESOLUTION 76-139 The following resolu- FEES - MASSAGE & MODELING tion was continued to CONTINUED December 6, 1976, on the motion of Council- man Evans, .seconded By Councilman-Bricken, and carried 6:1, with Councilman Yamamoto voting NO: RESOLUTION NO. 76-139- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A FEE SCHEDULE FOR MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, FIGURE MODEL STUDIOS, AND FIGURE MODELS. CA 91 CA 65 RESOLUTION 76-140 The following resolu- AWARDING CONTRACT - A.D. 240 tion was unanimously SILVER ACRES - ADOPTED adopted 7:0, on the motion of Councilman Evans, seconded by Councilman Bricken:. RESOLUTION NO. 76-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AWARDING CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT TOGETHER WITH APPURTENANCES IN SPECIAL ASSESSMENT DISTRICT. - ASSESSMENT DISTRICT NO. 240 (S~LVER ACRES) The contract was awarded to Vernon L. Wright in the amount of $292,614.50 as being the lowest responsible bidder, to Construct Street Improvements on the following streets: Fifth, Fourth, Third, Second, Maxine, Roosevelt Avenue, Cooper and Silver Drive, in Assessment District 240 (Silver Acres). CA 90 CA 89 CITY COUNCIL MINUTES 430 NOVEMBER 15, 1976 RESOLUTION 76-141 The following resolu- AT&SF RAILWAY - LYON CROSSING tion-was adopted on ADOPTED a 6:1 vote, on the motion of Councilman Ward, seconded by Councilman Yamamoto, with Councilman Evans dissenting: RESOLUTION NO. 76-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING PERMIS- SION TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO CONSTRUCT, MAINTAIN~ AND OPERATE A RAIL- ROAD CROSSING ACROSS LYON STREET BETWEEN BORCHARD AVENUE AND WILSHIRE AVENUE IN THE CITY OF SANTA ANA. CA 29.12 REQUEST FOR DRIVEWAY - 17TH ST. On the basis of the NORTHWEST CORNER OF MABURY oral report by Ronald DELETED FROM AGENDA Wolford wherein he stated that the Staff had been in contact with the applicant who has hired a traffic engineer; that an alternate plan has been agreed upon to the satisfaction of the City and the Applicant, the letter of request dated November 2, 1976 ~rom Schmid Development, Inc. was deleted from the Agenda on the unanimously approved 7:0 motion of Councilman Evans, seconded by Councilman Ward. CA 69 PLANS & COST ESTIMATES The letter and resolu- PARKING SOUTH OF CITY HALL tion from the Orange REFERRED County Civic Center Commission urging the Orange County Board of Supervisors and the Santa Ana City Council to immediately hire an architect to begin the prelimin- ary plans and cost estimates for a parking structure south of City Hall was referred to Staff for a report after the meetings of the Redevelopment Commission and the Civic Center Authority have been held, on the motion of Councilman Evans, seconded by Councilman Brandt and carried ?:0 unanimously. CA 77.5 TEMPORARY LEAVE OF ABSENCE The request of Human HRC - RUDY MORENO Relations Commissioner GRANTED Rudy Moreno for a temporary leave of absence from the Human Relations Commission was transmitted to the City Council by Commission Chairman, Zeke Hernandez, and was granted by the Council on the motion of Councilman Evans, seconded by Councilman Ward and carried 6:1 with Mayor Garthe dissenting. CA 131.1 FINAL REPORT - COUNCIL-HRC Working Document #3, SELECT COMMITTEE the final report and REFERRED recommendations of the City Council-Human Relations Commission Select Committee, was referred to the Human Relations Commission, the Planning Commission, the Per- sonnel Board and the Redevelopment Commission for comments prior to the January 3, 1977 Council meeting, on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried S:2, with Councilmen Evans and Yamamoto dissenting. CA 131.1 CITY COUNCIL MINUTES 431 NOVEMBER 15, 1976 NIWA BUDGETS On the motion of RESOLUTION 76-132 - ADOPTED Councilman Yamamoto, AMENDMENT NO. 1 - APPROVED seconded by Councilman Ward and carried 4:3, with Councilmen Brandt, Evans and Ortiz dissenting, Amendment No. 1 to the Joint Exercise of Powers Agreement between the City and Newport-Irvine Waste-Management Planning Agency (NIWA) was approved, and Resolution No.~ 76-132 as follows was adopted: RESOLUTION NO. 76-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING NEWPORT-IRVINE WASTE-MANAGEMENT PLANNING AGENCY (NIWA) 1976-77 GENERAL AND PROJECT COiV~ITTEE NO. BUDGETS. 1 A=76-107 CA 145.12 PARAMEDIC SERVICE The policy expressed LEAGUE POLICY in the Position Paper ADOPTED prepared by the Ad Hoc Paramedics Committee of the Orange County League of Cities regarding Paramedic Services was adopted on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried ?:0 unanimously. CA 112.22 CA 148.1 CA 64.2 RELEASE OF BONDS & The Council, on the ACCEPTANCE OF NEW BOND motion of Councilman TRACT 3236 - APPROVED Evans, seconded by Councilman Yamamoto, carried 7:0 unanimously, authorized release of $203,000 performance bond, dated August 1963, together with monument, and labor and materials bonds for Tract 3236, retroactive to August 27, 197S, and accepted a new bond in the amount of $4,900 as of said date, to guarantee remaining improvements. CA 24 PROPOSED CITY CHARTER In the interest of AMENDMENTS grouping the proposed REFERRED! Charter changes to present them more attractively and efficiently to the voters on the Spring Municipal Election ballot, previous action of the Council on proposed City Charter Amendments was rescinded in favor of referring the matter to a Council Committee for preparation and recommendations of ballot measures to Council~ on motion of Councilman Brandt, seconded by Councilman Ward, and carried 6:1, with Councilman Yamamoto dissenting. The Council/Staff Committee is composed of Mayor Garthe, Councilmen Ward and Bricken, Richard Grace, Waldo Naug, David Tayco, Robert Sangster and Donald Bott. Councilman Ward suggested that amendments be combined under the following subjects: 1) State mandated or court determined Charter conflicts; 2) Efficiency, economy and no cost to the City; 3) Non-substantive and minor changes for clarification; and 4) Personnel areas. CA 129 REQUEST FOR MINI-PARK The report dated 18TH & TOWNER - REFERRAL #25-76 November 8, 1976 FILED; DELETED prepared by Robert E. Gresham, Director of Recreation and Parks, with a survey of the recreational areas near 18th and Towner, and an estimate of the financial impact of the request, was received and filed, and Council Referral Item #25-?6 deleted, on motion of Councilman Evans, seconded by Councilman Brandt, and carried 7:0 unanimously. CA 52 CITY COUNCIL MINUTES 432 NOVEMBER 15, 1976 CETA SIDEWALK CONSTRUCTION A report dated Novem- PROGRAM REPORT ber 5, 1976 prepared by FILED Public Works Director John E. Stevens, describing the program and the progress to date, was received and filed, on the unanimously approved motion 7:0 of Councilman Evans, seconded by Councilman Yamamoto. CA 99 PROPOSED USE - GENERAL REVENUE The report dated Novem- SHARING FUNDS - JAN. i - bet 8, 1976, prepared JUNE 30, 1977 - HEARING SET by Executiv~ Director of Administrative Ser- vices G. David Tayco, including a list of. Capital Expenditures for consideration in the use of $500,000 anticipated General Revenue Sharing Funds this fiscal year, was received and a public hearing set for January 3, 1977, on the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Evans. Councilman Bricken emphasized that all alternatives should be considered at the hearing, including the possibilities of re- turning monies to the taxpayers or effecting a tax reduction. CA l12A SPECIFIC STREET ALIGNMENT In accordance with RAITT STREET the recommendation of HEARING SET Senior Engineer Dick Smith, in his report of October 29, 1976, a public hearing was set for December 6, 1976 on Specific Plan for Street Alignment #47 for the align- ment of Raitt Street between Sunflower and Alton Avenues, on the unanimously approved 7:0 motion of Councilman Brandt, seconded by Councilman Evans. CA 29.7 FINANCIAL REPORT The Financial Report FISCAL YEAR 1975-76 for the City of Santa FILED Ana for the Fiscal Year July 1, 1975 through June 30, 1976, examined by Accountants Diehl Evans and Compan~ and submitted by Director of Finance Lawrence Shaffer, was received and filed on the unanimously 7:0 carried motion of Councilman Evans, seconded by Councilman Brandt. CA 65.4 BIKE TRAIL - BEAR STREET Appropriation Adjust- APPROPRIATION ADJUSTMENT #62 ment #62 transferring APPROVED $12,300 from Revenue Sharing, Contingency, to provide for the installation of bike trail landscaping and irrigation system on the east side of Bear Street from MacArthur Boulevard to a point 760 feet north, as directed by Council on October 26, 1976, was approved on the motion of Councilman Bricken, seconded by Councilman Ward, and carried S:2, with Councilmen Evans and Ortiz dissenting. CA 65.5 CA 18.6 SELECTION PROCEDURES The recommendation of POLICE ~ FIRE CLASSIFICATIONS Personnel Director REFERRED Donald E. Bott, to contract with a con- sulting firm, along with other cities, to provide assistance invalidating the selection procedures for thirteen public safety classifications, was referred back to Staff for restudy on the motion of Councilman Evans, seconded by Council- man Bricken and carried 6:1, with Councilman Brandt dissenting. CITY COUNCIL MINUTES 433 NOVEMBER 15, 1976 Prior to the vote, Mr. Bott stated that the agreement for services would not be offered by the consultant unless entered into by five cities; that the cities of Seal Beach and Foun- tain Valley have already approved participation; that the City of Santa Aha is most vulnerable to attack in the areas of public safety; that the services would provide what the Staff feels would be defensible Affirmative Action positions to 15 promotional and entry level public safety positions; and that the Second Generation Affirmative Action Plans for the public sector are new and involve a high complexity of knowledge in the Equal Employment Opportunity -(EEO) field for compliance. Zeke Nernandez, 317-1/2 Normandy Place, stated that he felt that there were other firms qualified to perform the validation services. Deputy City Attorney Robert Sangster recommended that the matter be referred back to Staff. Councilmen Bricken and Ward expressed concern that the $40,000 expenditure for such services was not the result of competi- tive bids, and that the agreement included no guarantee of defensibility of the validation in Court. Councilman Ward expressed his preference to use the money to train the City's personnel staff to administer the City's programs in accordance with the federal guidelines recently published. CA 50.4 COMMUNITY DEVELOPMENT PLAN A Joint Study Session JOINT STUDY SESSION with the Planning APPROVED Commission, to be held at 4:00 P.M. on Novem- ber 25, 1976 to present and review the Community Development Plan Project, was approved on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried 7:0 unanimously. CA 140.20 SPEC 76-037 - COMPUTER EQUIPMENT The emergency purchase COMMAND & CONTROL of computer equipment EMERGENCY PURCHASE APPROVED to expand the storage and memory capacity and one alpha-numeric display for a total sum of $95,075.25 for the Police Command and Control Center from single-source suppliers, was recommended as necessary for the preservation of public safety, and approved on the motion of Councilman Brandt, seconded by Councilman Evans, and carried 7:0 unanimously. On the motion of Councilman Yamamoto, seconded by Councilman Evans, and carried 7:0 unanimously, two implementing agree- ments with Digital Equipment and Genesco were approved for execution by the Mayor and Clerk. CA 89 ORAL COMMUNICATION On the motion of CONSORTIUM CITIES AGREEMENT Councilman Bricken, APPROVED seconded by Council- man Yamamoto, and carried unanimously ?:0, an amendment to the Consortium Cities agreement substituting Costa Mesa as a participating city in place of Huntington Beach, was approved for execution by the Mayor and Clerk. A-76-106 CITY COUNCIL MINUTES 434 NOVEMBER 15, 1976 ORAL COMMUNICATION Mayor Garthe announced JAYCEES CHRISTMAS PARADE that anyone who wishes MAYOR GARTHE to participate in the parade should contact the Junior Chamber of Commerce. Councilman Bricken suggested that the City place an ad in the Register to encourage parti- cipants and spectators for the parade. CA 151 ORAL COMMUNICATION CRICKET COURT - WEST PARK COUNCILMAN WARD ORAL COMMUNICATION PLANNING COMMISSION APPOINTMENTS Councilman Ward requested information regarding demand for the cricket activities.at West Park. CA 52 A motion to appoint Mr. Fred Siffermann to com- plete the term of Jack O'Dell and Mr. Eugene Flores to complete the term of Dan Griset was withdrawn by the maker, and second, Councilmen Brickan and Ward respectively. CA 78.1a ORAL COMMUNICATION HEALTH PLANNING COUNCIL ALTERNATE APPOINTED mously, Perry Parker, 1821 La Colina, alternate delegate representing the City of Santa Aha on Orange County Health Planning Council. On the motion of Mayor Garthe, seconded by Councilman Bricken, and carried 7:0 unani- was appointed as the the CA 112.7 ORAL COMMUNICATION Councilman Bricken GREYHOUND BUS TERMINAL advised Council that COUNCILMAN BRICKBN he had been contacted by various constituents regarding the congestion and noise which will accompany the Greyhound Bus Terminal relocation to l?th Street and the Santa Ana Freeway. ~ City Manager Bruce Spragg informed Council that Greyhound must leave its present building and the move to 17th Street is an interim, temporary location prior to moving into the transit terminal; he stated that he would pro- vide Council with a more in-depth report on the matter. CA 84 ORAL COMMUNICATION Mr. Tom McMichael, OPPOSITION TO WEST BRANCH LIBRARY representing the East FILED Orange County Board of Realtors, presented a letter and a resolution in opposition to construction of the West Branch Library at this time. Mr. McMichael said that the letter and resolution were being presented at this meeting because the Board was concerned that by the time the public hearing for General Revenue Sharing projects is held on January 3, 1977 that the commitment to the project would be so great, it would be difficult to oppose. The letter and resolution were received and filed on the unanimously apppoved 7:0 motion of Councilman Ward, seconded by Councilman Evans. Mr. Rudy Moreno, resident of west Santa Aha, objected to the acceptance of the letter and resolution prior to the hearing. CA l12A CA 56 RECESS At 4:10 P.M. Mayor EXECUTIVE SESSION Garthe recessed the meeting to hold an executive session to the meeting reconvened discuss legal matters; at 4:20 P.M. with all Council members present. CITY COUNCIL MINUTES 435 NOVEMBER 15, 1976 AGENDA ORDER On the unanimously RESOLUTION 76-138 carried 7:0 motion of REJECTING CLAIMS - ADOPTED Councilman Evans, seconded by Councilman Brandt, the following resolution was adopted: RESOLUTION NO. 76-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REJECTING CERTAIN CLAIMS HERETOFORE FILED AGAINST THE CITY CA 65.?b The resolution was continued from its earlier regular time on the Agenda. RECESS At 4:22 P.M. Mayor Garthe recessed the meeting for dinner; the meeting was reconvened at 7:50 P.M. with all Councilmen present, INVOCATION FLAG SALUTE Invocation. Following the Pledge of Allegiance to the Flag, Councilman Brandt gave the PROCLAMATION PRESENTATION Reverend Arthur Kent, MARCH OF DIMES CAMPAIGN Executive Board Member REV. ARTHUR KENT of the "Week of Concern" Committee of the 59th Annual Orange County March of Dimes Campaign, received the Proclamation from Mayor Garthe on behalf of the March of Dimes and of the babies born and yet to be born. CA 46 SPECIAL PRESENTATION Councilman Ward stated RETIRING PLANNING COMMISSIONER that he was pleased to DAN GRISET commend Dan Griset for his service to the City; that because of added duties and responsibilities Mr. Griset had resigned from the Planning Commission. Mr. Griset received a City Seal tile plaque with engraved panels designat- ing his term of service to the City. CA ?8.la INVITATION FROM SUSAN BRENNER Mrs. Susan Brenner TO "FESTIVAL OF LEARNING" announced that the JAN 20, 21, 22 Third Annual "Festival of Learning" would be held under the auspices of the Rancho Santiago College Dis- trict; that nine master classes would be held for young singers and pianists; and that the master teachers include Sherrill Milnes, internationally famed Metropolita~n baritone, Arthur Friedman, Professor of Theater Arts, U.C.L.A., and Nadine Conner, lyric soprano, formerly of the Metropolitan Opera. CA 9.4 NEGATIVE DECLARATION & APPEAL 371 On the request of the VARIANCE 76-30 Applicant, this matter CONTINUED was continued to Decem- ber 6, 1976, on the unanimously approved 7:0 motion of Councilman Evans, seconded by Councilman Yamamoto. CA 13.5 CITY COUNCIL MINUTES 436 NOVEMBER 15, 1976 NEGATIVE DECLARATION & Mayor Garthe announced AMENDMENT APPLICATION 750 that this was the time ORDINANCE NS-1337 -1ST READING and place for the public hearing of Amendment Application No. 750 to rezone property located on the south side of Seventeenth Street between Fairview Street and Mar-Les Drive from the C2 District to the Ri District. Planning Director, Charles Zimmerman, stated that the change was in conformance with the General Plan and that it was unanimously approved by the Planning Commission on October 11, 1976. There being no speakers on the Amendment Application, Mayor Garthe closed the public hearing.. On the motion of Councilman Yamamoto, seconded by Councilman Evans, and carried 7:0 unanimously, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1337 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 750 FILED BY H. VON PACKARD AND FLOYD L. PACKARD RBZONING PROPERTY FROM THE C1 (GENERAL COMMERCIAL) DISTRICT TO THE Ri (SINGLE-FAMILY RESIDENCE) DIS- TRICT, AND AMENDING SECTIONAL DISTRICT MAP 10-S-10. CA 10 DETERMINATION OF EXEMPTION & APPEAL 373 - VA 76-60 CONTINUED Councilman Yamamoto, this matter was 1976, by unanimous vote 7:0. At the request of the Appellant, and on the motion of Councilman Evans, seconded by continued to December 6, CA 13.3 PROPOSED WARD BOUNDARIES ORD!NANCB NO. NS-1333 FIRST READING new ward boundaries. Mayor Garthe announced that this was the time and place for the public hearing of proposed Executive Director of Administrative Services David Tayco with slide overlays described the aspects of the present ward bound- aries that Council wished to change, and enumerated the legal requirements for changes to ward boundaries, as outlined in the report dated November 9, 1976 prepared by Jed Christensen. Mr. Tayco's recommendation would result in wards with a variation of 1,120 between the smallest and largest wards, or 4.5%; and that Ward 5 will include 46% of the Black popula- tion of Santa Aha (4,038);'total~number being 8,728. Speakers on the subject were: Althea Scott, 2951 Main Way Drive, Rossmoor, President of Black Women Organized for Political Action Scottie Biddle, 1518 West Pine, Black League of Voters They commended this effort by the City as a beginning toward better representation for the City's Blacks. There being no further speakers, Mayor Garthe closed the public hearing. CITY COUNCIL MINUTES 437 NOVEMBER 15, 1976 On the motion of Councilman Bricken, seconded by Councilman Yamamoto and carried unanimously 7:0, the following ordinance was placed on first reading: - - ORDINANCE NO. NS-1333 - AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING AND ESTABLISHING THE BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA, CALIFORNIA. CA 108 ORAL COMMUNICATION On the motion of PLANNING COMMISSION Councilman Evans, SIFFERMANN; CURTIS-APPOINTED seconded by Council- man Bricken, and carried ~:0 unanimously, MC. Fred Siffermann was appointed to the Planning Commission to fill the term of Jack O'Dell, ending June 30, 1977. On the motion of Councilman Evans, seconded by Mayor Garthe, Alan Curtis was appointed to the Planning Commission to complete the term of Dan Griset ending June 30, 1978 by a 4:3 vote, with Councilmen Ward, Yamamoto and Bricken dissenting. A prior motion by Council- man Evans, seconded by Mayor Garthe to make both appointments, was withdrawn in favor of separate motions. CA 78.1a ADJOURNMENT At 8:05 P.M. the meeting was adjourned to 4:00 P.M. November 23, 1976, on the unanimously approved 7:0 motion of Councilman Evans, seconded by Council- man Ward. FLORENCE L MALON~ CITY COUNCIL MINUTES 438 NOVEMBER 15, 1976