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Home My WebLink About12-28-1976MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OE SANTA ANA, CALIFORNIA December 28, 1976 The meeting was called to order at S:00 P.M. by Mayor John Garthe in the City Council Chambers, 22 Civic Center Plaza. The following members of Council were present: Gordon Bricken, David E. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward and Mayor Garthe. Also present were the following Staff members: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Director of Public Works John E. Stevens, Redevelopment Director Richard Goblirsch, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE The Invocation was given by Councilman Ward, following the Pledge of Allegiance to the Flag. RECESS - COMMUNITY REDEVELOPMENT AGENCY Council reconvened at 5:07 At 5:01 Council recessed to convene the regular meeting of the Community Redevelopment Agency; P.M. with all Council members present. CONSENT CALENDAR ITEM REMOVED Item 12 was removed from the Consent Calendar upon the request of Councilman Brans. CONSENT CALENDAR On the unanimously 7:0 STAFF RECOMMENDATIONS approved motion of APPROVED Councilman Evans, seconded by Council- man Bricken, Council approved the Staff recommendations on the following Consent Calendar items: DEED - NO CASH GRANTOR.CITY necessary documents Approved the following deed and authorized the Mayor to sign all in connection with the sale: FISHER, RAY South side of Silver, west of Euclid for street purposes. CA 155 CHANGE ORDERS Approved the following Change Orders: PROJECT NO. 8074 - Senior Citizens Center - Change Order No. 4 increasing the cost by $1,387.00 for miscellaneous additions itemized on the report dated December 17, 1976 prepared by John J. Prendergast. PROJECT NO. 8074 - Senior Citizens Center - Change Order Ne. 6 increasing the cost in the amount Of $1,840.00 for miscellaneous additions itemized on the report dated December 17, 1976 prepared by John Prendergast. CA 89 * * * * * * * * CONSENT CALENDAR FINIS CITY COUNCIL MINUTES 483 DECEMBER 28, 1976 AGREEMENT Council continued WAFFLE HOUSE consideration of the CONTINUED following agreement to January 3, 1977, on the motion of Councilman Bricken, seconded by Councilman Evans, and carried 4:3, with Councilmen Yamamoto, Ortiz and Ward dissenting: SPRINKLER SYSTEM FOR HOWE-WAFFLE HOUSE - Between City and the Santa Ana Historical preservation Society allocating the sum of $8,214.00 of Community Development funds. Prior to the motion, J. Ogden Markel, 1814 South Parton Street, spoke against the approval of the agreement. He stated that originally the City had agreed to pay for the cost of relocating the Waffle House, and that all additional costs would be assumed by the Santa Aha Historical Preserva- tion Society and the community. Mrs. Weston Walker, ExecutiVe Secretary of the Santa Ana Historical Preservation Society, 919 North Olive Street, spoke in favor of the approval of the agreement, and agreed to submit a report on the status of the restoration and the expenditures and receipts to date, plus those that are anticipated. A motion to approve the agreement subject to the immediate submittal to the City Council of a report from the Society indicating the total monies received from public and private sources, and the hours expended toward restoration, by the Society; and to the submittal of a similar report on a quarterly basis for a period of one year. The motion, made by Councilman Bricken, and seconded by Councilman Ward, failed to carry on a 3:4 vote, with Councilmen Ortizl 'Yama- moro, Evans and Brandt dissenting. READING WAIVED On the unanimously 7:0 approved motion of Councilman Evans, seconded by Council- man Brandt, 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 NO. NS-1336 MODEL & MODEL STUDIO FEES ADOPTED motion of Councilman Evans, The following ordinance was placed on second reading and unanimously adopted 7:0, on the seconded by Councilman Yamamoto: ORDINANCE NO. NS-1336 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 12-123, 12-125, 12-127, 12-128 AND 12-129 TO PROVIDE THAT FIGURE MODEL STUDIO PERMIT FEES AND FIGURE MODEL PERMIT FEES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL. CA 91 CITY COUNCIL MINUTES 484 DECEMBER 28, 1976 ORDINANCE NO. NS-1338 Council placed the MASSAGE TECHNICIAN ~ following ordinance ESTABLISHMENT FEES - ADOPTED second reading and it was adopted unanimously 7:0, on the motion of Councilman Yammmoto, seconded by Councilman Evans: ORDINANCE NO. NS-1338 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MuNiCIPAL CODE BY AMENDING SECTIONS 22-3, 22-5, 22-8, 22-10, 22-11 TO PROVIDE THAT MASSAGE ESTABLISHMENT ,PERMIT FEES AND MASSAGE TECHNICIAN PERMIT FEES SHALL. BE SET BY RESOLUTION OF THE CITY COUNCIL. ORDINANCE NO. NS-1339 AMENDMENT APPLICATION 748 DELETED FROM AGENDA following ordinance from the Agenda: on On motion of Council- man Yamamoto, seconded by Councilman Ortiz, Council deleted the ORDINANCE NO. NS-1339 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 748 FILED BY LEVITT-WEST AND WILLIAM LYON COMPANY REZONING PROPERTY FROM THE C4 (PLANNED SHOPPING CENTER) DISTRICT TO THE R2-PRD (PLANNED RESIDEN- TIAL DEVELOPMENT) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 27-5-10. CA 91 CA 10 ORDINANCE NO. NS-1340 Councilman .Brandt's SPSA NO. 47 - RAITT STREET motion to place the ADOPTED following ordinance on second reading and adopt was seconded by Councilman Ward, ~and carried 6:1, wfth Councilman Evans dissenting: ORDINANCE NO. NS-1340 - AN ORDINANCE OF THE CITY OF SANTA ANA ADOPTING SPECIFIC PLAN FOR STREET ALIGNMENT NO. 47 AND ADDING SECTION 41-746 TO THE SANTA ANA MUNICIPAL CODE, TO ESTABLISH STREET ALIGNMENT FOR RAITT STREET BETWEEN SUNFLOWER AVENUE AND ALTON AVENUE. CA 29.7 ORDINANCE NO. NS-1341 On the unanimously AMENDMENT APPLICATION NO. 753 approved 7:0 motion ADOPTED of Councilman Evans, seconded by Council- man Brandt, the following ordinance was placed on second reading and adopted: ORDINANCE NO. NS-1341 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. ?53 INITIATED BY THE PLANNING COMMISSION RBZONING PROPERTY FROM THE R3~HDII, C1-HDII, C2-HDII, AND 0 DISTRICTS TO THE SD (SPECIFIC DEVELOPMENT) DIS- TRICT, AND A~dENDING .SECTIONAL DISTRICT MAP 12-S-10. (Senior Citizens Housing Site) CA 10 RESOLUTION NO. 76-151 The following resolu- ADOPTING ENVIRONMENTAL RULES tion was continued to CONTINUED January 3, 1977, on the motion of Council- man Brandt, seconded by Councilman Bricken, and carried 6:1, with Councilman Yamamoto dissenting: RESOLUTION NO. 76-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE ENVIRONMENTAL RULES OF THE CITY OF SANTA ANA, 1976 REVISION. CITY COUNCIL MINUTES 485 DECEMBER 28, CA 78.5 1976 Councilman~Ward's imotion, seconded by Councilman Brandt, to authorize the Mayor to write a letter to Orange County members of the State legislature requesting reimbursement to City for extra expenses incurred by compliance with the State environmental code, rules and regulations, wa~ approved 4:1 with Codncilman Yamamoto dissenting. RESOLUTION NO. 76-152 Council approved the ENERGY CO~SERVA%ION E~GINEER Classification SRecifi- ADOPTED; CLASSIFICATION APPROVED cation ~9~ ~prgy~_con-' servation Engineer, and adopted the following resolution, on the motion of Councilman Bricken, seconded by Councilman Ward, and carried 5:2, with Councilmen Evans and Brandt dissenting: RESOLUTION NO. 76-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLU- TION NO. 58-281 TO ADD THE NEW CLASS TITLE OF ENERGY CONSERVATION ENGINEER. CA 50.1 RESOLUTION NO. 76-155 The following resold- ALARM & COMMUNICATIONS SUPERVISOR tion was adopted on a ADOPTED 6:1 v~te, on the motion of Councilman Bricken, seconded by Mayor Garthe, with Councilman Evans dissenting: RESOLUTION NO. 76-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLU- TION NO. 58-281 DESIGNATING THE CLASS OF ALARM AND COMMUNICATIONS SUPERVISOR AS MIDDLE MANAGEMENT. CA 50.1 RESOLUTION NO. 76-154 On the motion of Council- ASSISTANT CITY ENGINEER man Bricken, seconded by ADOPTED Councilman Ward, the following resolution was adopted on a 6:1 vote, with Councilman Evans dissenting: RESOLUTION NO. 76-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLU- TION NO. 58-281 DESIGNATING THE ASSISTANT CITY ENGINEER AS MIDDLE MANAGEMENT AND PROVIDING COM- PENSATION ADJUSTMENTS FOR THE CLASS. CA 50.1 CITY OF ORANGE RES. 4444 Resolution 4444 .of the STRIKE CONTROL LEGISLATION City of Orange request- TABLED ing the State legisla- ture to initiate and support legislation controlling strikes during the harvest season and its transmittal letter~-dated December 15 from Milan Dos. tal, Chairman of the Resolutions Committee of the Orange County Division of the League of ~alifornia Cities, requesting the Council to take a pomition on the Resolution, were tabled on the motion of Councilman Yamamoto, seconded by Councilman Ortiz, and carried, with Councilmen Brandt, Evans and Mayor Garthe dissenting, 4:3. CA 57 RELOCATION PAYMENTS DISCLOSURE Council approved the LETTER TO LEGISLATORS APPROVED City Attorney's proposed REFERtL~L ITEM 44-76 DELETED letter to be sent to Orange County members of the State Legislature requesting amendment to the State codes to provide uniform relocation assistance disclosure requirements, and deleted Item 44-76 from the Council Referral Summary, on the unanimously 7:0 approved motion of Councilman Ward, seconded by Councilman Brandt. CA 82.6 CA 29.8 CITY COUNCIL MINUTES 486 DECEMBER 28, 1976 The motion further instructed the Clerk to prepare the letters for the Mayor's signature. PROPOSED ORDINANCE NS-1342 MORATORIUM ON NEW "ADULT ACTIVITY" FACILITIES - REFERRAL ITEM 48-76 CONTINUED of permanent Zoning Code amendments Proposed Emergency Ordinance NS-1542 which would allow for the study and preparation and possible enactment regulating "Adult Activity" facilities by imposing a four-month moratorium on new construc- tion or expansion of "adult" facilities, was continued to January 3, 1977, on the unanimously approved 7:0 motion of Councilman Evans, seconded by Councilman Brandt. CA 91 CA 10 BOARD & COMMISSION APPOINTMENTS By informal unanimous TRAC & PERSONNEL BOARD consent, Council APPROVED approved the recommenda- tions of the Boards and Commissions Appointments Committee of Council, and re-appointed Zika Djokovich and Eugene Moriarty to the Transportation Advisory Committee, each for a three year term commencing on December 28, 1976 and ending December $1, 1978; and re-appointed Pauline Lockwood to the Personnel Board for a term ending June 50, 1984. CA 29.10a CA S0.8 TRASH CONTRACT Mayor Garthe announced NEGOTIATING COMMITTEE his appointment of COUNCILMAN ORTIZ APPOINTED Councilman David Ortiz as the Council repre- sentative to the Trash Contract Negotiating Committee. CA 11.5 MAYOR'S PRAYER BREAKFAST COMMITTEE MEMBERS RECOMMENDATIONS REQUE. STED Prayer Breakfast Committee for 1977. Mayor Garthe requested each Councilman to recommend citizens to serve on the Mayor's CA 80.16 RECESS EXECUTIVE SESSION and reconvened at At 6:05 P.M. Council recessed for Executive Session for legal matters discussion, 6:10 P.M. with all Councilmen present. LULAC LITIGATION Council approved a ATTORNEY'S FEES deposit of cash as CASH SECURITY APPROVED security for re-payment of Attorney fees in LULAC (League of United Latin American Citizens) in trust or in joint account, subject to the approval of the City ~ Attorney, in lieu of surety bond specified in judgment, on the motion of Councilman Brandt, seconded by Councilman Evans, and carried 5:2, with Councilmen Bricken and Yamamoto dissenting. CA 139 ADJOURNMENT At 6:lSP.M. the meeting was adjourned by the Mayor. ~O~NCEi. MALOI~J CLERK OF THE COUNCIL CITY COUNCIL MINUTES 487 DECEMBER 28, 1976