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HomeMy WebLinkAbout01-17-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA January 17, 1977 The meeting was called to order by Mayor John Garthe in the City Council Chambers, 22 Civic Center Plaza, at 2:05 P.M. The following Council members were present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, Vernon S. Evans, David L. Brandt, James E. Ward, and Mayor Garthe. Also present were the following members of Staff: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Assistant City Manager Ronald Wolford, Director of Public Works John E. Stevens, Planning Director Charles C. Zimmerman, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE man David F. Ortiz. Following the Pledge of Allegiance to the Flag, the Invocation was given by Council- RECESS The meeting recessed HOUSING AUTHORITY at-2:06-P.M, for the regular meeting of the Housing Authority; at 2:10 P.M. the meeting reconvened with all Councilmen present. CONSENT CALENDAR Councilman Ward ITEMS REMOVED & requested removal DISSENTING VOTES of-Items 7 B and 12 A from the Consent Calendar; Councilman Evans registered NO votes on Items 5 B, 12 C and 12 D. CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS approved 7:0 motion APPROVED of Councilman Evans, seconded by Council- man Ward, Council approved the recommendations of Staff on the following Consent Calendar items: MINUTES BID CA LS Approved the Minutes of the regular meeting of December 20, 1976. Approved plans and specifications and authorized advertise- ment for bids on the following: PROJECT 7054 - Cement mortar lining of water pipe line in Seventeenth Street from Main Street to Bristol Street and Stafford Street from - French Street to Santiago Street. PROJECT 7106 - Paint East Reservoir at 1750 South Santa Fe Street. CITY COUNCIL MINUTES 17 JANUARY 17, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued SPEC 76-063 - Annual Prentice Park Zoo feed. SPEC 77-001 - Hot water pressure washer for Equipment Maintenance Department. SPEC 77-002 - Tree trimming and removal. (Federal Title II Public Works Employment Act of 1976 funding). BID AWARDS bidder: Awarded the following on basis of~lowest responsible and best PROJECT 2040 - Reconstruct portions of Flower Street between Santa Ana Boulevard and Sixth Street; awarded to T. J. Crosby Co., Irvine, in the amount of $10,646.25. Awarded the following on basis of only responsible and responsive bidder: SPEC 76-011 - One Prisoner Transportation Bus; awarded to Stoner Ambulance Mfg. Co., Santa Fe Springs, in the amount of $11,116.73. Rejected all bids received on the following, and approved purchase pursuant to County of Orange contract as follows: SPEC 76-027 Fire hose; approved purchase of 1,500 feet of 1-1/2", 1,700 feet of 2-1/2", and 1,300 feet of 3" fire hose, from Eureka Fire Hose Co. of Los Angeles, in the amount of $7,505.74. Rejected all bids on Item 2 (one 1/2-ton, 6' bed, 6200 GVWR) as non-responsive; and awarded the following on basis of lowest responsible and responsive bidder: SPEC 76-031 Four pick-up trucks; awarded Item 1 (two 1/2-ton 6200 GVWR) to Dunton Ford, Santa Ana, in the total amount of $10,158.59; awarded Item 3 (one 3/4-ton 7500 GVWR) to Santa Ana Dodge, Santa Aha, in the amount of $5,856.50. Awarded the following on basis of lowest responsible and responsive bidder: SPEC 76-045 Pruning 37 Date Palm Trees; awarded to William C. Studebaker, Arborist, in the amount of $4,1~5.14. SPEC 76-049 Two trucks for Public Works; awarded Item 1 (Cab ~ Chassis, 156" wheelbase) to Santa Ana Dodge, Santa Aha, in the amount of $8,692.00; awarded Item 2 (Cab ~ Chassis, 135" wheelbase) to Dunton Ford, Santa Ana, in the amount of $5,286.25. CA 89 CA 89 CA 89 CA 89 CA 89 CITY COUNCIL MINUTES 18 JANUARY 17, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 76-055 - Ten automobiles for Police Department; awarded Items 1 ~ 5 (Plymouth HP29 ~ Plymouth RL25) to Lyle Roy Chrysler Plymouth, Santa Ana, in the total amount of $10,282.50; awarded Item 2 (Dodge NL41) to Santa Ana Dodge, Santa Aha, in the amount of $4,494.40; awarded Items 4, S ~ 6 (Fords 82, 4D ~ 32) to Dunton Ford, Santa Ana, in the total amount of $15,945.44; awarded Items 7, 9 ~ 10 (Chevrolets: one 1AD57; two 1AHS?) to Guaranty Chevrolet, Santa Ana, in the total amount of $16,867.62; awarded Item 8 (Oldsmobile 5M29) to Bob Black Oldsmobile, Santa Ana, in the amount of $6,179.80. CA ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: ALBERICO, FidelJ., ALBERICO, Gloria, LOVATO, Joe Max and LOVATO, Romie Maria 2216-W. Fifth Street - Person to Person transfer - Type "20" Off Sale Beer ~ Wine. CROUSE, Mildred P. ~ 4522 W. 1st Street - Exchange "47" to V48" On Sale General [Public Eating Place). FRANK J. KARCHER INVESTMENT, INC. 2510 S. Bristol Avenue - Original ~ Type "41" On Sale Beer 6 Wine (Bona Fide Public Eating Place) - PROTEST Planning. GELKER, B.E;B. - 1659 E. First Street Original - Type "21" Off Sale General Priority No. 3 of 1976 list. HOLGUIN, Manuel J. 104 E. 4th Street - Person to Person Transfer - Type '340" On Sale Beer. TOZAI INTERNATIONAL CORP. - 1717 S. Main Street - Person to Person Transfer Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). WANGER, Roger and WILLCUTT, James M. 1238 E. Edinger Avenue - Person to Person Transfer - Type "42" On Sale Beer ~ Wine (Public Premises). VARIANCES & CONDITIONAL Approved and filed USE PERMIT Negative Declarations or Categorical Exemp- tion, as applicable, and Planning Commisgion Findings of Fact, on the following: NEGATIVE DECLARATION :& VA 76-56 - Filed by Santa Ana Medical-Arts to construct a medical office building for a health maintenance organization at 1125 E. Seventeenth. Street in the R1 and R2 Districts. APPROVED. 89 CA 146 CA 146.1 CA 146 CITY COUNCIL MINUTES 19 JANUARY 17, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NEGATIVE DECLARATION & VA 76-68 Filed by Arthur Axelrod to construct a 5,570 sq. ft. warehouse and sales building on property presently being occupied by a legal nonconforming automobile~wrecking yard, waiving a portion of the required parking and waiving a portion of the required landscaped yard, at 1900 West Fifth Street in the M1 District. APPROVED. Councilman Evans registered a NO vote. (Agenda Item S B) CATEGORICAL EXEMPTION & VA 76-78 - Filed by Raymond J. Hull to allow installation of canopy signs on an existing retail building at 1730 - 1736 and 1802-1808 N. Tustin Avenue in the C1 District. APPROVED. NEGATIVE DECLARATION & VA 76-84 Filed by Blakely/Nicholas to permit one triplex on two C2 parcels, totaling six units, at 3710 and 3720 West Kent Street in the C2 District, APPROVED DUPLEX ON EACH LOT. CATEGORICA£ EXEMPTION & VA 76-83 - Filed by Irvine Industrial Complex/ Amway C~rp, to allow a second canopy sign on an existing building at 1800 East Dyer Road in the LM District. APPROVED. NEGATIVB DECLARATION & CUP 76-35 r Filed by Arthur Axelrod to permit retail sales of automobile parts in conjunction with an automobile wrecking yard at 1900 West Fifth Street in the Mi District. APPROVED. DEED WITH CASH Approved the following GRANTEE CITY deed and authorized Mayor to sign all necessary documents in connection with the purchase: ARGYROS, George L. ~nd Julia A. - North of Fourth Street west of Lyon for water line easement. DEEDS NO CASH GRANTOR CITY Clerk: Approved the following deeds and authorized execution by Mayor and UNION BANK, Trustee - West side of Fair- view south of Warner for vehicular access and to correct Deed No. 5825. PRICE, Kenneth C. - West side of Fairview south of Warner for vehicular access. PRICE, Kenneth C. South side of Warner west of Fairview for vehicular access. CA 13 CA 13.1 CA 155 CITY COUNCIL MINUTES 20 JANUARY 17, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PRICE, Kenneth C. - West side of Fairview south of Warner for vehicular access. ARNEL DEVELOPMENT CO. Fourth east of Wright access. - North side o£ for vehicular STANDARD SERVICE CORPORATION ~ North side of Warner west of Grand for vehicular access. TENTATIVE PARCEL MAP Approved and filed the Negative Declara- tion, and approved the following Map subject to conditions in Planning Director's report; waived alley require- ment: NEGATIVE DECLARATION ~ PARCEL MAP NO. 987 Filed on December 5, 1976 by Santa Ana Medical Arts creating two parcels; all pro- posed parcels to be used for medical build- ings (existing buildings on parcel 2); generally located on the north side of Seventeenth Street, east of Lincoln Avenue;~ FINAL TRACT MAP Approved the following Map, accepted the dedications thereon, and the bonds in the amounts set, and authorized execution of the subdivision agreement: MAP NO. 9596 - North side of Edinger Avenue, 300 feet west of Fairview Street; one lot. AGREEMENTS by Mayor and Clerk: Approved the following agreements and author- ized their execution MODIFICATION TO AGREEMENT FOR BNGINEBRING~ SERVICES FOR PROJECT 1566 - FIRST STREET BETWEEN BUSH STREET AND STANDARD AVENUE - Between City and Toups Engineering to increase the fee for additional work required. SOILS ENGINEERING SERVICES Between City and Soils International to provide soil testing and analysis for the Fashion- Square parking structure site. Project 8501. Councilman Evans registered a NO vote. (Agenda Item 12 C) SITB SUR~EY - Between City and Jennings- Halderman-Hood to survey the proposed site for the Fashion Square parking struc- ture. Project-SS01. Councilman Evans registered a NO vote. (Agenda Item 12 D) CA 155 CA 25 CA 24 A-77-4 A-77-5 A-77-6 CITY .COUNCIL MINUTES 21 JANUARY 17, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued RESIGNATION FROM Accepted the following HUMAN RELATIONS COMMISSION resignation with regret, and directed Staff to prepare recognition of service: Letter dated December 28, 1976 from Nathaniel Lamm submitting his resigna- tion from the Human Relations Commis- sion. CA 131.2 LIABILITY CLAIMS 30, 1976 to January 10, Referred to Administra- tion Liability Claims received from December 1977. CA 65.7b COUNCIL REFERRAL SUMMARY Staff by Council. Received and filed status report of matters referred to CA 80.2 PROCLAMATIONS Received and filed report of Proclama- tions issued by the Mayor from December 28, 1976 to JaFuary 11, 1977. CA 46 * * ~ ~ ~ ~ ~ ~ CONSENT CALENDAR FINIS * ~ ~ ~ ~ ~ ~ ~ TENTATIVE TRACT MAP 9535 Councilman Ward's motion GEORGE FARMS, INC. to approve and file the APPROVED WITH CONDITIONS Negative Declaration, and approve the following Tract Map subject to the conditions in Planning Director's report, with the additional conditions that the developer notice prospective buyers of the planned development of the green- belt, and that Planning Department negotiate a higher fence along the River, was seconded by Councilman Evans, and unanimously carried 7:0: NEGATIVE DECLARATION & TRACT MAP NO. 9535 Filed on October 13, 1976 by George Farms, Inc. creating 43 A1 and 0 lots; all proposed lots to be used for single family residences; generally located~on the south side of McFadden Avenue, west of the Santa Ana River. (Agenda Item 7 B) ,CA 24 AGREEMENT 1ST AMERICAN The following agreement FINANCIAL CORP. - PROPERTY was approved, and its CONVEYANCE - APPROVED execution by Mayor and Clerk was authorized, on motion of Councilman Ward, seconded by Councilman Ortiz, -and carried 5:0, with Councilmen Bricken and Evans abstaining because of their interests in First American. (Both Council- men left the Gouncil Chamber prior to the discussion of the item.): FUTURE CONVEYANCE OF PROPERTY - Between City and First American Financial Corpora- tion to convey property at the corner of Fourth and Main Streets when it is needed for street purposes. (Agenda Item 12 A) A-77-3 CITY COUNCIL MINUTES 22 JANUARY 17, 1977 READING WAIVED On the-unanimously appzoved 7:O 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-1545' The following AMENDMENT APPLICATION 7Si ordinance was placed ADOPTED eh: second reading and adopted On the motion of Councilman Evans, seconded by Councilman Ward, and carried 6:0, with Councilman Ortiz abstaining because he had not been present for the public hearing held on January 5, 1977: ORDINANCE NO. NS-1343 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 751 FILED BY GEORGE YAMAMOTO REZONING PROPERTY FROM THE A1 AND 0 DISTRICTS TO THE RI (SINGLE FAMILY RESIDENCE) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 15-$-10. (South side of McFadden between Santa Aha River and Harbor Boulevard) CA 10 ORDINANCE NS-1344 Council placed the AMENDMENT APPLICATION 754 following ordinance ADOPTED on second reading, and it was adopted on-a'6:0 vote, on the motion of Councilman Evans, seconded by Councilman Brandt,~with Councilman Ortiz abstaining because he had not been present for the public hearing on January 3, 1977: ORDINANCE NO. NS-1344 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT-APPLICATION NO. 7S4 FILED BY GRACE ALBERTS REZONING PROPERTY FROM THE R2 (MULTIPLE-FAMILY RESIDENCE) DISTRICT TO THE Ri (SINGLE-FAMILY RESIDENCE) DISTRICT, AND AMEND- ING SECTIONAL DISTRICT MAP 7-5-9. (Property east of Lincoln Avenue between Seventeenth Street and the Santa Aha Freeway). CA 10 ORDINANCE NS-1346 ELECTION REQUIREMENTS FIRST'READING motion of Councilman Evans, The following ordinance was piaced on first reading on the unani- mously carried 7:0 seconded by Councilman Ward: ORDINANCE NO. NS-1346 - AN ORDINANCE OF THE CITY OF SANTA ANA PROVIDING FOR THE HOLDING OF-A GENERAL MUNICIPAL ELECTION IN THE CITY OF SANTA ANA~ CALIFORNIA, ON THE STH DAY OF APRIL, 1977~FOR THE ELECTION OF FOUR M~MBBRS OF THE CITY COUNCIL AND FOR SUBMISSION TO THE ELECTORS OF THE CITY OF A PROPOSED AMENDMENT TO THE CITY CHARTER, GIVING NOTICE OF SAID ELECTION, HOURS DURING WHICH THE POLLS SHALL~BB OPEN, AND AUTHORIZING APPOINTMENT OF ELECTION OFFICERS TO SERVE-AT SAID ELECTION. CA 68 CITY COUNCIL MINUTES 23 JANUARY 17, 1977 RESOLUTION 77-S - APPEAL 374 Councilman Ward's VARIANCE 76-69 (922-926 N. BEWLEY) motion, seconded by ADOPTED Councilman Bricken, to adopt the follow- ing resolution, carried 6:0, with Councilman Evans abstain- ing because he was not present at the December 20, 1976 Council meeting: RESOLUTION NO. 77-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 76-69, DENYING SAID VARIANCE APPLICATION AND DENYING THE APPEAL NO. 374 FILED THEREON.~ CA 13.3 RESOLUTION NO. 77-6 On the unanimously ELECTION SERVICES carried 7:0 motion ADOPTED of~Councilman Evans, seconded by Council- man Ward, Council adopted the following resolution: RESOLUTION NO. 77-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, RMQ~BSTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA ANA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL S, 1977. CA 68 RESOLUTION 77-7 The following Resolu- ELECTION CANVASS tion was adopted ADOPTED unanimously ?:0, on the motion of Council- man Evans, seconded by Councilman Brandt: RESOLUTION NO. 77-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ORDERING THE: CANVASS OF THE GENERAL MUNICIPAL ELEC%TON TO BE HELD ON THE 5TH DAY OF APRIL, 1977, TO BE MADE BY THE CLERK OF THE COUNCIL OF THE CITY OF SANTA ANA. CA 68 RESOLUTION 77-8 - DELETING OFFICES On the unanimously FROM CITY MANAGER OFFICE RE CONFLICT carried motion of OF INTEREST CODE - ADOPTED Councilman Evans, seconded by Council- man Brandt, Council adopted the following resolution 7:0: RESOLUTION NO. 77-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLU- TION NO. 76-157 TO DELETE THE MANPOWER SERVICES OFFICE AND OFFICE OF PUBLIC HOUSING SERVICES FROM INCLUSION IN THE OFFICE OF THE CITY MANAGER FOR PURPOSE OF CONFLICT OF INTEREST CODE PREPARA- TION. CA 50.13 CA 79 RESOLUTION 77-9 The motion of Council- CORRECTING ERROR IN RES. 76-146 man Evans to adopt the ADOPTED following resolution was seconded by Council- man Brandt, and carried unanimously 7:0: RESOLUTION NO. 77-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CORRECTING A CLERICAL ERROR IN RESOLUTION NO. 76-146. (General Plan Amendment 76-4) CA 78.5 CITY COUNCIL MINUTES 24 JANUARY 17, 1977 RESOLUTION 77-10 DESTRUCTION OF RECORDS APPROVED man B~andt, Council adopted the On the unanimously carried 7:0 motion of Councilman Evans, seconded by Council- following resolution: RESOLUTION NO. 77-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING DESTRUCTION OF CERTAIN RECORDS OF COMPLAINTS AGAINST EMPLOYEES OF~THB CITY IN THE POLICE DEPARTMENT. CA 47 RESOLUTION 77-11 - VACATION ALLEY BETWEEN 1ST ~ 2ND STREETS ADOPTED Evans, seconded by Councilman Ward: The following resolu- tien was unanimously adopted 7:0, on the motion of Councilman RESOLUTION NO. 77-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A MAP DECLARING ITS INTENTION TO VACATE A PORTION OF AN ALLEY BETWEEN FIRST AND SECOND STREETS BOUNDED BY LOTS $, 6, 13 AND 14, OF THE JBNNINGS AND FOSTER ADDITION TO SANTA ANA IN THE CITY OF SANTA ANA, CALIFORNIA, SUBJECT TO THE RESERVATION AND EXCEPTION OF A CERTAIN EASEMENT AND RIGHT-OF-WAY; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE; DESCRIBING THE PORTION OF SAID ALLEY TO BE VACATED AND THE EASEMENT AND RIGHT- OF-WAY TO BB RESERVED AND ACCEPTED;.SETTING A PUBLIC HEARING THEREON; AND DIRECTING NOTICE HEREOF TO. BE POSTED AND PUBLISHED. CA 14 REQUEST FOR TRAFFIC SIGNAL The letter dated FRUIT & TUSTIN AVENUES December 30, 1976 REFERRED from G. S. Hogle, M.D. requesting installation of a traffic signal as soon as possible at the intersection of Fruit and Tustin Avenues was referred to Staff, for report and recommendation on the motion of Councilman Evans, seconded by Councilman Bricken, and carried 7:0 unanimously. CA 18.5 WAIVER OF FEE - CUP'S Le{ters of request DAY CARE FACILITIES received from Rainbow REFERRED - Preschool, on January 10, 1977, and from Happy Valley Preschool, on January 11, 1977, for waiver of the fee for conditional use permit applications were r~ferred to Staff for investigation and report, on the unanimously approved motion ?:0 of Councilman Brandt, seconded by Councilman Evans. Present to speak in favor of the waivers were the President of each school: Dorothy Uranich, Rainbow Preschool, 424 South Newhope Ann Ramirez, Happy Valley Pre-School, 5521 W. McFadden Ave. The-spga~ers emphasized that the parents of the children fund and operate the schools; that there is no.profit; and that they find it difficult to pay the $250 application fee. CA 13.1 CITY couNcIL MINUTES 25 JANUARY 17, 1977 GOLDEN CITY AWARDS COMMITTEE The Golden City Awards REPORT - FILED Committee report dated NEW COMMIT~AUTHORIZED January 10, 1977 sub- mitted by James L. Cooper, Chairman of the 1976 Golden City Awards Committee, was received and filed, and the Mayor authorized to accept recommendations for appointment to the t977~Golden City Awards Committee, on the motion of Councilman Evans, seconded by Councilman Yamamoto, and carried 5:2, with Councilmen Ward and Ortiz dissenting. Councilman Ward asked that the new Committee give some consideration to holding the Golden City Awards Banquet every other year, rather than annually. CA 151.1 PROPOSED ANNEXATION - SANTA ANA A request by six RIVER-HARBOR BLVD.-FOUNTAIN property owners for VALLEY LIMITS N. OF EDINGER annexation by the REFERRAL NO. 52-76 - CONTINUED City of territory between Santa Aha River, Harbor Boulevard, and the Fountain Valley City Limits North of Edinger Avenue was continued to February 7, 1977, on the motion of Councilman Evans, seconded by Council- man Ward, and carried 7:0 unanimously. CA 94 BOWERS MUSEUM - USE OF As recommended in a SHOWMOBILE OUTSIDE CITY report dated Decem- APPROVED ber 50, 1976, prepared by Esau Quiroz, Cura- tor of ERucation at the Bowers Museum, the Museum use of the Showmobile to travel outside city limits for circulating exhibits at schools, parks, libraries, and community-centers was approved, on the unanimously carried 7:0 motion of Coun- cilman Evans, seconded by Councilman Bricken. PERSONNEL BOARD FINDINGS The Personnel Board CHRIS TRINAJSTICH Findings of Fact and FILED Conclusions of Law in the matter of the Petition by Chris Trinajstich for review of his dismissal from the Police Department, were received and filed on the motion of Councilman Evans, seconded by Councilman Bricken and carried 6:1 with Councilman Ward dissenting. CA 85 CA 52 CA 50.8b DEPARTMENTAL CONFLICT OF In compliance with the INTEREST CODES Political Reform Act PUBLIC HEARIN~ SET of 1974, Chapter 7, Article 3, which im- poses upon each office, department board, and commission of this City the obligation to prepare a Conflict of Interest Code, a public hearing was set for February 22, 1977 to review the proposed Codes to be adopted, on the motion of Councilman Evans, seconded by Councilman Ward and carried 7:0 unanimously. UNDERGROUND UTILITY DISTRICT 14 A public hearing was BETWEEN 1ST & 5RD FROM ROSSTO set for February 7, VAN NESS - PUBLIC HEARING SET 1977 at ?:30 P.M. to determine the neces- sity of converting the existing overhead utility system to an underground system within the area generally defined as the two blocks bounded by First Street, Third Street, Ross Street and Van Ness Avenue, on the unanimously approved motion of Councilman Evans, seconded by Councilman Bricken ?:0. CA 50. 13 CA 134 CITY COUNCIL MINUTES 26 JANUARY 17, 1977 APPROPRIATION ADJUSTMENT #97 Appropriation Adjustment LULAC VS CITY OF SANTA ANA #97 to establish a APPROVED $125,000 appropriation to pay the initial requirements in case #74-767F, LULAC vs. City of Santa Ana, was approved on the motion of Councilman Evans, seconded by Councilman Brandt, and carried ~:2, with Councilmen Ward and Bricken dissenting. CA 65.3 CA 139 ORAL COMMUNICATION At the request of Luis WAIVER OF STADIUM FEE Ortiz of the Club APPROVED Avante Soccer, use of the Santa Aha Bowl for a memorial benefit tournament on January 21, 1977 from 6:00 P.M~ to 10:00 P.M. waiving the fee, with only City cost to be paid by the Club, was approved on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Ortiz. CA 52.8 ORAL COMMUNICATION A letter presented by WILLIAM HIME - ZONING VIOLATIONS Mr. William Hime, 4602 FILED E1 Don Place, citing several incidents which lead him to believe that the Ri zone in his neighborhood is being violated was noted by Staff for investigation, and received and filed by Council, on the motion of Councilman Evans, seconded by Councilman Ward, and carried 7:0 unanimously. CA 151.21 ORAL COMMUNICATION Clerk of the Council REVOCATION OF TAXI LICENSE Florence,I% Malone MARRAZZO - HEARING SET reported-that Mr. Ray Marrazzo appealed in writing the revocation of his taxi driver's permit, that a hearing has been set in accordance with the Municipal Code for February 7, 1977; that Mr. Marrazzo called her to plead hardship and ask for an early review of the matter. As Mr. Marrazzo was not in the Council Chambers, a hearing was set for January 25, 1977 at S:iS P.M. on the motion of Councilman Evans, seconded by Councilman Brandt, and carried 7:0 unanimously. CA 26.5 ORAL COMMUNICATION Councilman Ortiz commented GREAT WESTERN TRASH CONTRACT briefly on his report REQUEST FOR CONSULTANT PROPOSAL dated January 14, 1977 AUTHORIZED that outlined the progress made during negotiations with representatives of Great Western Reclamation regarding their request for an extension of their contract. On the motion of Councilman Ortiz, seconded by Councilman Bricken, which carried 7:0 unanimously, the following action was taken: 1) AccePted the contractor's withdrawal of hi.s request for a one year extension of the exist- ing trash contract and permitted the contrac- tor to prepare multiple proposals for the City's consideration; 2) Authorized City Staff to prepare an RFP (Re- quest for Proposal) for a consultant to be retained to analyze any proposals developed by the contractor, or other contractors, and to advise the City on options available; and 3) Authorized the existing Council-Staff task force to continue negotiations with the con- tractor on this matter. CA 11.1 A-76-42 CITY COUNCIL MINUTES 27 JANUARY 17, 1977 ORAL COMMUNICATION Councilman Bricken FLIGHT OF BUSINESS noted a Sunday REFERRED newspaper article entitled "Flight of Business" from Los Angeles, and suggested that if that situation exists in Santa Ana, a task force be formed to solve the problem. This question was referred to Staff for investigation and report, on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried 7:0 unanimously. CA 82 ORAL COMMUNICATION Mayor Garthe announced WATER CONSERVATION that a recent copy of REFERRED "AquedUct" listed a number of water conr servation ideas that might be transmitted to the citizens of Santa Ana along with a water billing or in some other fashion to encourage the conservation of water. This sugges- tion was referred to Staff for investigation and report on the motion of Councilman Evans, seconded by Councilman Brandt, and carried unanimously 7:0. CA 12 RECESS EXECUTIVE SESSION LITIGATION litigation; the meeting reconvened at At 5:10 P.M. Mayor Garthe called for an executive session to discuss potential 4:55 P.M. ORAL COMMUNICATION Mr. Bob Campbell, WAIVER OF FEB - VA APPLICATION 2401 Marry Lane, COURT ACTION DEFERRED; REFERRED stated that he had been ordered to appear in Court tomorrow morning, January 18, 1977 in a matter involving his construction of a patio structure in the setback between his house and the street without having obtained a variance. He came to Council to ask for a waiver of fee for a variance application. I~;~view of the fact that Council had no Staff report, the motion of Councilman Brandt, seconded by Councilman Ward, carried 4:3, with Councilmen Evans and Yamamoto and Mayor Garthe dissenting, directed Staff to request a delay in the Court proceedings, and the matter was referred to Staff for a report to Council within 30 days. CA 13 ORAL COMMUNICATION Mr. Scott Levinson AMBULANCE OPERATIONS of Conva Care Ambulance, SCOTT LBVINSON representing Conva Care, Doctor's Ambulance, Schaffers, Morgan Ambulance and Southland Ambulance services, stated that on January 14, 1977 the ambulance opera- tors of Santa Ana had met with the City Attorney's staff to discuss Chapter 58 of the Municipal Code to clarify "need and necessity", buZ also noted that the Code does not conform to recent State,~M~deral and County regulations; and that the ambulance operators are anxious to meet again with City representatives to work out problems and to improve ambulance-service in the City of Santa Ana. Staff was directed to work with the ambulance operators to develop a licensing plan that would produce better quality service, on the unanimously approved 7:0 motion of Councilman Yamamoto, seconded by Councilman Brandt. CA 96 CITY COUNCIL MINUTES 28 JANUARY 17, 1977 RECESS At 5:15 P.M. Mayor Garthe recessed the meeting for dinner; at 7:30 P.M. the meeting was reconvened with all Councilmen. present. INVOCATION PLBDGE OF ALLEGIANCE Street Church of the Nazarene Following the Pledge of Allegiance to the Flag, the Reverend Mark Johnson, Bdinger gave the Invocation. CA 80.17 PUBLIC HEARING Mayor Garthe announced GREYHOUND BUS STATION SITE that this was the time CONTINUED and place for the public hearing of the report of the City's consultant, Bob Johnston, to propose an alternate location for the Greyhound Bus Station. Mr. Johnston reported that the Greyhound Bus Company had entered negotiations with the owners of their present loca- tion ~n downtown Santa Ana at Third and Spurgeon for an extension of their lease; and that Greyhound is no longer attempting to use the site on Seventeenth Street. Mrs. Mickey Madden, 2319 North Rosewood, representing citi- zens in opposition to the Seventeenth Street location, stated that since the City is making an effort to relocate the station, she will make no comments until the matter is decided. The City Attorney stated that the Attorney representing Grey- hound Lines had requested a continuance to February 7, at which time he expects to report ~n the final outcome of the matter. On the motion of Councilman Ward, seconded by Councilman Evans, and carried unanimously 7:0, the public hearing was continued to February 7, 1977 at 7:50 P.M., and the donsultant was instructed to continue his efforts to locate an alternate site. CA 84 AGENDA ORDER A request from members of RELOCATION BENEFITS the audience to consider Agenda Item #88 at this time was granted on the motion of Councilman Ortiz, seconded by Councilman Bricken, and carried 5:2, with Councilmen Brandt and Evans dissenting. REQUEST FOR REVIEW OF Following an oral REDBVELOPMBNT RELOCATION BENEFITS presentation by persons REFERRED scheduled to be relocated for future redevelopment projects, in the area between First and Third Streets and Ross and Van N~ss Avenues, the letter~ presented were referred to the Redevelopment Agency staff with instruc- tions to assist the people who are involved in the relocation process to the extent legally possible, on the unanimously carried ?:0 motion of Councilman Ortiz, seconded by Council- man Bricken. The discussion was translated into Spanish by a member of the residents' group. CITY COUNCIL MINUTES 29 JANUARY 17, 1977 Speakers relating specific difficulties with relocating were: Silvio Sanchez, 704 West Third Street Kenneth White, 206 North Ross, Apartment "T" J. Guadalupe M. Rodriguez, Sll West Second Street Charlotte Gonzalez, 206 North Ross, Apartment "L" Jose Robles, 708 West Second Street Their major concerns were that: 1) The $200 relocation allowance for apartment dwellers does not cover the moving expenses; 2) Relocation monies are not available until the move has been accomplished; No listing of apartments available for rent is provided; 4) It is inconvenient to contact the relocation expert in the City of Carson and there should be someone locally who has the information; $) Documents or papers presented should be in Spanish as well as English; 6) Homes relocated to another site should first be made available for purchase to residents of the area. Mr. Silvio Sanchez requested Council to take the following action: 1) For those families who have not been helped, find housing in Santa Aha by January 31, 1977; 2) Have updated listings brought to each family weekly and make the listings available in the on-site office; 3), Give advances on relocation benefits before people move so they can pay moving expenses as well as first and last months' rent and any necessary deposits; 4) Mr. Goblirsch receives a written report from Urban Projects, Inc. staff as to how the remaining resi- dents are handled. This report to be presented by Mr. Goblirsch to the City Council and the community on February 7 when the Council votes in regard to the redevelopment package. Susan Schick, Assistant to the Redevelopment Director, stated that she would be happy to meet with anyone present who needed additional assistance with relocation as soon as the hearing was concluded. CA 82.6 CA 29.8 RECESS At 8:20 P.M. Mayor Garthe called a recess of the meeting; att. 8:$0 P.M. the meeting reconvened with all Councilmen present. CITY COUNCIL MINUTES 30 JANUARY 17, 1977 PUBLIC HEARING REVENUE SHARING BUDGET ADOPTED PUNDS Proposed Budget for Federal Revenue period January 1, 1977 through June Mayor Garthe announced that this was the time and place-for the public hearing of the Sharing Funds for the 30, 1977. City Manager Bruce Spragg stated t~at it is anticipated that the City will receive $500,000 for the remainder of the fiscal year; that the projects listed for budgeting were approved and prioritized by the Council following a public hearing on January 3, 1977. There was one speaker, Patricia McGuigan, S642 Keelson, who spoke in favor of funding-the West BranehiLibrary. There being no further speakers, Mayor Garthe closed the public hearing. On the motion of Councilman Bricken, seconded by Councilman Ward, and carried 6:1, with Mayor Garthe dissenting, Council approved an amendment to the main motion that any expenditure for the thirteen budgeted items causing the total to exceed $500,000 must be returned to the Council for approval. The main motion made by Councilman Ward, seconded by Councilman Bricken, carried 6:1, with Councilman Yamamoto dissenting, approved the following General Revenue Sharing as an amendment to the City's Annual Budget for 1976-77: PRIORITY LIST OF PROJECTS AMOUNT CUMULATIVE 1. Modification of Police Build- $ 6,000 lng Air and Exhaust System 2. Building Construction of West 100,000 Branch Library 5. Wheelchair Ramps at City Hall 60,600 4. Replace Animal Control Van 6,000 S. 3 Patrol Vehicles with Radios 3S,000 6. 10 Portable Radios, Police Dept. 15,000 7. Replace Fire Engine No. 7 100,000 8. Replace Hydraulic Sewer Clean- $9,000 lng Machine 9. Security Lighting at Campesino 30,000 Park 10. Change 25-50 Pedestrian Signals 10,000 to conform to Federal Regulations 11. Replace Library Bookmobile S0,000 12. Development in Thornton Park 51,000 15. West Branch Library Books, 100,000 Equipment, Furnishings & Site Enlargement (Subject to County Funding) $ 6,000 106,000 166,000 172,000 207,000 220,000 320,000 379,000 409,000 419,000 469,000 500,000 600,000 TOTAL $600,000 A previous motion to approve the Budget made by Councilman Evans, seconded by Councilman Brandt, was withdrawn. CA l12A CITY COUNCIL MINUTES 31 JANUARY 17, 1977 PUBLIC HEARING - VACATION Mayor Garthe announced 2ND STREET ~ ALLEYS; VAN NESS that this was the time RESOLUTION 77-12 ADOPTED and place for the public hearing of the vacation of Second Street between Ross and Van Ness, alleys between First and Third, Ross and Van Ness, and the easterly one-half portion of Van Ness Street. Planning ~irector Charles Zimmerman stated that this street and alley vacation is to allow the first phase of the superblock for Senior Citizens Housing; that the vacation has been reviewed by the Planning and Redevelopment Commissions, who have both recommended that it proceed. Mr. Jim McMahon, 455 South Main, Orange., representing Pacific Telephone, introduced Roger Downes, Counsel for the Company, who stated that the utility company claims relocation expenses for the facilities they have in the streets to be abandoned, and opposes the relocation unless such provisions are made. City Attorney Keith Gow informed Council that there are cases pending Statewide involving these same issues;that the telephone company has agreed to stipulate to remove its lines in consideration of the City's providing a sum of money to be paid to them should the Court rule that relocation expenses be paid. There being no further speakers, the public hearing was closed by the Mayor. On the motion of Councilman Evans, seconded by Councilman Ortiz, and carried 7:0 unanimously,-the following resolution was adopted: RESOLUTION NO. 77-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF SECOND STREET AND THE ALLEYS IN BLOCKS 6 AND 7 OF THE "DAWSON AND CUMMINGS ADDITION TO THE TOWN OF SANTA ANA" BETWEEN .LOWB STREET (VAN NESS AVENUE) AND ROSS STREET AND A PORTION OF THE EAST HALF OF LOWB STREET (VAN NESS AVENUE) BETWEEN FIRST AND THIRD STREETS IN THE CITY OF SANTA ANA, CALIFORNIA. CA 14 PUBLIC HEARING - NEGATIVE Mayor Garthe announced DECLARATION ~ APPEAL 571 that this was the time VA 76-50 - CONTINUED and place for the public hearing of Negative Declaration and Appeal No. 571 of the approval of Variance Application 76-50 filed by the First Baptist Church to allow parking along the west property line at 1010 West Seventeenth Street in the R1 and C1 Districts. Planning Director Charles Zimmerman stated that this matter had been continued from December 20, 1976 to allow the appellant residents to meet with the church representatives to work out a compromise solution; that because of the holidays and the recent change in the Board of Directors of the Church, a meeting has not been held. Dr. Donald E. Reiter, representing the First Baptist Church, and Mr. Dennis Hayden, 1517 Freeman, representing the residents, agreed that if the matter could be continued, a meeting would be held to work out a solution to the matter. On Councilman Brandt's motion, seconded by Councilman Evans, and carried 7:0, Appeal No. 571 was continued to February 22, 1977 at 7:50 P.M. to allow for negotiation of a settlement. CA 15.5 CITY COUNCIL MINUTES 52 JANUARY 17, 1977 PUBLIC REARING - EIR NO. 76-9 Mayor Gmrthe announced AMENDMENT TO GENERAL PLAN that this was the time RESOLUTION 7?-5 ADOPTED and place for the public hearing of the Environ- mental Impact Report and Amendment to the Land Use and Open Space Elements of the General Plan to delete 20.4 acres on the south side of Segerstrom Avenue, approximately 400 feet east of Bristol Street from the Open Space Element and redesignating it as low density residential. Councilman Bricken stated that his firm had participated in the preparation of the Environmental Impact Report, declared a conflict of interest, and left the Council Chambers. Planning Director Charles Zimmerman~ stated that after a public hearing held on December 15, 1976 the Planning Commission unanimously recommended approval of the amendment to the General Plan for the subject site from Parks, Recreation and Open Space to Low Density Residential, and deletion-of the site from the Open Space Element of the General Plan; that the property was to be a school site, but was declared surplus and sold to the William Lyon Company; that Tentative Tract Map 9622 has been submitted creating 107 lots to be used for single family resi- dences; that the block-wall adjacent to the commercial develop- ment as well as along the Pacific Electric Railroad will be eight feet high, and the wall along Segerstrom Avenue shall be six feet high, decorative, and have insets for trees. Gary Frye, 5211 Highland, Yorba Linda, representing the William Lyon Company, stated that sight lines from the apartments had been checked; that one rear bedroom window that could cause a privacy problem could be moved from the rear to the side of the house; that a seven foot wall will be built adjacent to the baseball diamond; and that the developer had attempted to upgrade the area and address the concerns of the Council. Gerald Lance of the Santa Ana Unified School District urged Council to approve the General Plan Amendment, the zone change and the tract map. A letter dated January 17, 1977 to Mr. Peter Ochs, President of the William Lyon Co., from Charles Kenney, Superintendent of the Santa Ana Unified School District, to the effect that the District had no plans to light the baseball field at Saddleback High School, was received and filed by unanimous informal agreement. There were no other proponents or opponents, and the Mayor closed the public hearing. On the motion of Councilman Brandt, seconded by Councilman Evans, and carried 6:0, with Councilman Bricken abstaining, Draft Environmental Impact Report No. 76-9, and all written materials and verbal comments pertaining thereto were adopted as the.Final Environmental Impact Report, and it was certified that the Report had been completed in compliance with CEQA and the City's rules and regulations, and that the Council had reviewed and considered the information contained therein; and the following resolution was adopted: RESOLUTION NO. 77-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND USE AND OPEN SPACE ELEMENTS OF THE GENERAL PLAN BY RBDESIGNATING 20.4 ACRES LOCATED ON THE SOUTH SIDE OF SEGERSTROM AVE- NUB, 400 FEET EAST OF BRISTOL STREET, FROM OPEN SPACE TO LOW DENSITY RESIDENTIAL. CA ?8.5 CITY COUNCIL MINUTES 55 JANUARY 17, 1977 PUBLIC HEARING - AMENDMENT ~Mayor Garthe announced APPLICATION 755 - ORDINANCE NS-1345 that this was the time FIRST READING and place-for the public hearing of Amendment Application 755 to reclassify property from the 0 [Open Space) District to the R1 [Single Family Residential) District located on Segerstrom Avenue, approximately 400 feet east of Bristol Street; that this Amendment Application pertains to the property discussed in the Drevious Agenda item as the subject of the General Plan Amendment. As there were no further comments regarding this matter, the public hearing was closed. On:the motion of Councilman Evans, seconded by Councilman Yamamoto, and carried 6:0 unanimously, with Councilman Bricken abstaining, the following ordinance was placed on first reading: ORDINANCE NO. NS-1545 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. ?55 FILED BY THE SANTA ANA UNIFIED SCHOOL DISTRICT REZONING PROPERTY FROM THE 0 [OPEN SPACE) DISTRICT TO THE Ri (SINGLE-FAMILY RESIDENCE) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 25-S-10. [Seger- strom Avenue, approximately 400 feet east of Bristol) CA 10 TENTATIVE TRACT MAP 9622 On the motion of APPROVED Councilman Brandt, seconded by Councilman Evans, and carried 6:0 unanimously, with Councilman Bricken abstaining, Tentative Tract Map 9622 [related to the foregoing.Agenda items) was approved subject to conditions contained in the Planning Director's report. CA 24 ADJOURNMENT At 9:30 P.M., Mayor Garthe adjourned the meeting. CLERK OF THE COUNCIL CITY COUNCIL MINUTES 54 JANUARY 17, 1977