Loading...
HomeMy WebLinkAbout02-22-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 22, 1977 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 following members of Council 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- RECESSES At 2:01 P.M. Council HOUSING AUTHORITY & recessed to convene COMMUNITY REDEVELOPMENT AGENCY the regular meeting of the Housing Author- ity; Council reconvened at 2:03 P.M. and immediately recessed to the adjourned regular meeting of the Community Redevelop- ment Agency; Council again reconvened at 2:35 P.M. with all Councilmen present. CONSENT CALENDAR ITEMS REMOVED & DISSENTING VOTES Councilman Evans 12 B. registered NO votes Item 2 I was removed from the Consent Calendar on the request of Councilman Yamamoto. on Items 5 A, 5 B, 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 January 25, 1977. Approved the Minutes of the Regular Meetings of January 17 and BID CALLS ment for bids on the Approved plans and specifications and authorized advertise- following: SPEC 77-004 - Orange County Burglary Prevention Index Evaluatioh. SPEC 77-005 - Two animal control trucks. SPEC 77-006 - Melting kettle - joint sealer. CA 89 CITY COUNCIL MINUTES 61 FEBRUARY 22, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 77-008 Fire engine with SO-foot telescoping boom nozzle. SPEC 77-009 - Repair of Well Pump No. 22 at Cambridge Station. SPEC 77-010 - Paramedic Vehicle. SPEC 77-011 - 40,000 water conservation pamphlets. SPEC 77-012 - Storage equipment for Bowers Museum. BID AWARDS bidder: Awarded the following on basis of lowest responsible and best SPEC 76-031A Pick-up truck for Recreation and Parks Dep~tment; awarded to Roger Mil- ler Chevrolet, Laguna Beach, for one 6200 GVWR Pick-up Truck, in the total amount of $4,846.98. SPEC 76-040 - Three Patrol Cars for Police Department; awarded to Santa Ana Dodge, Santa Ana, in the total amount of $16,342.66. Awarded the following on basis of only responsible and responsive bidder: SPEC 76-056 - Replace Well Pump #24; awarded to Water Well Supply, Inc., DBA Orange County Pump Co., Santa Aha, in the total amount of $6,299.40. SPEC 76-063 - Semi-Annual Zoo Feed; awarded to Hiett Brothers Feed Co., Santa Ana, for a contract period from March 1, 1977 through August 31, 1977, inclusive. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff Report of the following: ATKINSON, Napoleon B. - 1416 South Ritchey - Person to Person Transfer Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). BROWN, Dee and Paul 2000-B South Yale Street - Person to Person Transfer - Type "20" Off Sale Beer & Wine. DOCKINS, Clover 1941 West Fifth Original - Type "47" On Sale General (Bona Fide Public Eating Place). HENDLIN, Alexander R. 605 South Harbor Boulevard - Original Type "47" On Sale General (Bona Fide Public Eating Place). CA 89 CA 89 CITY COUNCIL MINUTES 62 FEBRUARY 22, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued McCALL, Jane S. and John W. 413 North Euclid - Original - Type "21" Off Sale General. RON PRICE ENTERPRISES, INC. 2235 South Bristol - Premises to Premises Transfer - Type "21" Off Sale General. RESTAURANT BUGATTI, INC. - 2431 North Tustin - Original Type "41" On Sale Beer and Wine (Bona Fide Public Eating Place). VARIANCE & Approved and filed the CONDITIONAL USE PERMITS Negative Declarations and Planning Commis- sion Findings of Fact on the following: VA 76-92 - Filed by A&W Root Beer Drive-In, Inc., to construct three duplexes with less than the required distance between main buildings and reduction of the rear yard at 5501 W. First Street in the C1 District. Two duplexes and one single family resi- dence APPROVED. Councilman Evans registered a NO vote. (Agenda Item 5 A) CUP 76-18 - Filed by Allison Honer, Inc. to allow an amusement arcade in an existing building within a shopping cen- ter at 1511 West 17th in the C2 District. DENIED. Councilman Evans registered a NO vote. (Agenda Item S B) CUP 76-38 - Filed by H. M. Way to permit a mini-warehouse at 280 North Sullivan in the M 1 District. APPROVED. DEED WITH CASH & Approved the follow- ESCROW - GRANTEE CITY ing deed and author- ized Mayor to sign all necessary documents in connection with the purchase: BOOSE, John F. and Lida A. The south one-half of Seventeenth Street east of Linwood for street and vehicular access. DEED NO CASH GRANTOR CITY Clerk: Authorized execution of the following deed by Mayor and HOME FEDERAL SAVINGS & LOAN ASSOCIA- TION OF SAN DIEGO - Alley on the north side of Seventeenth Street east of Main Street. FINAL TRACT MAPS Approved the follow- ing final map, accepted the dedica- tions thereon, and authorized execution of the subdivision agreement: CA 156 CA 13 CA 13.1 CA 13.1 CA 155 CA 155 CITY COUNCIL MINUTES 63 FEBRUARY 22, 1977 I CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued MAP 9536 South side of Westminster Avenue, west of Fairview Street; five lots. Approved the following final map, accepted the dedications thereon, and the bonds in the amounts set, and authorized execution of the subdivision agreement: MAP 9396 Central Avenue, 625 feet east of Bristol Street; fourteen lots. AGREEMENTS Approved the follow- ing agreements and authorized their execution by Mayor and Clerk: COUNTY REVENUE SHARING AMENDMENT Between City and County amending the 1974 agreement for use of $490,000 County General Revenue Sharing funds for the Senior Citizen Center to use the remaining funds ($13,400) for con- struction and to extend the deadline for use to June 30, 1977. ENGINEERING SERVICES - Between City and McLean and Schultz to assist appraiser in determining severance damages incurred at 611, 613 West Seventeenth Street. Councilman Evans registered a NO vote. (Agenda Item 12 B) DSAR AMENDMENT - Between City and Rockwell International Information Systems Center to extend the contract period and to change the scope of the work to be performed by the contracto~ to be funded by an available grant. BOARDS & COMMISSIONS Accepted the follow- ing resignation with regret, and directed Staff to prepare a recognition of service: Memorandum received February 11, 1977, from Howard Samuelson, Library Director, giving notice of the resignation of Jack Larson, member of the Library Board since 1970. Appointed the following members to the Transporta- tion Advisory Committee as requested: Letter dated February 11, 1977, from Ben Paschall, Exeuutive Manager of the Greater Santa Ana Chamber of Commerce, requesting that Jack O'Dell be appointed as the Chamber's representative to the Transporta- tion Advisory Committee to replace Fred Siffermann for a term ending December 31, 1978. CA 24 A-77-16 A-76-53 A-74-29 A-77-17 A-77-18 A-76-79 A-76-35 CA 56.1 CITY COUNCIL MINUTES 64 FEBRUARY 22, 1977 I CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued Letter dated February 16, 1977, from Hal Gosse, Chairman of the Planning Commission, requesting that Fred Siffermann be appointed as the Plan- ning Commission representative to the Transportation Advisory Committee to replace Jack O'Dell, for a term ending December 31, 1978. LIABILITY CLAIMS through February 14, 1977. Referred to administra- tion Liability Claims received from February COUNCIL REFERRAL SUMMARY Council. Received and filed status report of matters referred to Staff by PROCLAMATIONS Mayor from February Received and filed report of proclama- tions issued by the 1 to February 15, 1977. * * * * * * * * CONSENT CALENDAR FINIS CA 29.10a CA 65.7b CA 80.2 CA 46 PROJECT 2038 - BID CALL Council approved plans PAVEMENT STREET MARKERS and specifications, and APPROVED authorized advertise- ment for bids on the following, on the motion of Councilman Evans, seconded by Councilman Yamamoto, and carried 6:1, with Councilman Ward dissenting: PROJECT 2038 Install reflective raised pavement markers on all local streets. (Agenda Item 2 I) CA A substitute motion by Councilman Ward, to stipulate that installation on local streets would be subject to residents' approval, prior to the vote, received no second. 89 READING WAIVED On the unanimously approved 7:0 motion of Councilman Evans, seconded by Council- man Yamamoto, Council waived full reading of all resolu- tions and ordinances, the titles of which appeared on the public Agenda, and consideration was given by title only. RESOLUTION 77-20 The following resolu- BURGLARY PREVENTION MONTH tion was adopted by ADOPTED a unanimous 7:0 vote, on the motion of Coun- cilman Yamamoto, seconded by Councilman Evans: RESOLUTION NO. 77-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING THE MONTH OF MARCH AS BURGLARY PREVENTION MONTH. CA 47 CA 46 CITY COUNCIL MINUTES 65 FEBRUARY 22, 1977 RESOLUTION 77-21 HIGHWAY PATROL AGREEMENTS ADOPTED Brandt, seconded by Councilman Evans: Council unanimously adopted the following resolution 7:0, on the motion of Councilman RESOLUTION NO. 77-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE CALIFORNIA HIGHWAY PATROL TO PROVIDE TRAINING FOR SANTA ANA POLICE TRAFFIC OFFICERS. CA 47 CA 79 RESOLUTION 77-22 SOLID WASTE MANAGEMENT ADOPTED PLAN and unanimously carried 7:0: Councilman Ward's motion to adopt the following resolution was seconded by Councilman Yamamoto, RESOLUTION NO. 77-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCURRING IN THE ADDENDUM TO THE COUNTY SOLID WASTE MANAGEMENT PLAN. CA 145.12 RESOLUTION 77-23 Council adopted the WATER SAVING MEASURES following resolution ADOPTED unanimously 7:0, on the motion of Council- man Yamamoto, seconded by Councilman Ward: RESOLUTION NO. 77-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ENCOURAGING THE USE OF WATER SAVING DEVICES AND MEASURES. CA 12 MANDATORY UNEMPLOYMENT Letters of support INSURANCE COVERAGE from the Mayor to LETTERS AUTHORIZED legislators were authorized, and finan- cial support declined at this time, for the legal challenge of mandatory unemployment insurance coverage for all public employees, on the unanimously approved 7:0 motion of Council- man Brandt, seconded by Councilman Evans. This action was in response to a request from Peter Schabarum, Supervisor, First District, Los Angeles County Board of Supervisors, for moral and financial support to pursue a legal challenge contending that Congress has overextended its Constitutional authority with the enactment of H.R. 10210, making it mandatory that unemployment insurance coverage be provided for all public employees beginning January 1, 1978. CA 57.1 GREENBELT IMPLEMENTATION The Santa Ana River/ PLAN - REFERRED Santiago Creek Green- belt Implementation Plan submitted to the City by the Santa Ana River/Santiago Creek Greenbelt Commis- sion, was referred to the Board of Recreation and Parks and to the Planning Commission for recommendation, on the motion of Councilman Evans, seconded by Councilman Ward, and carried 7:0 unanimously. CA 112.16 AIRPORT AUTHORITY The second quarterly FINANCIAL REPORT financial report, sub- FILED mitted by James J. Antoniono, Treasurer of the Inter-County Airport Authority, was received and filed on the motion of Councilman Evans, seconded by Councilman Ward, and carried 7:0 unanimously. CA 98.2 CITY COUNCIL MINUTES 66 FEBRUARY 22, 1977 AGENDA ORDER presentation at 5:00 P.M. was heard at 5:00 P.M. The request from the Friends of the Chil- dren's Zoo to make a announced, and their item was ACCOUNTANT'S REPORT The report of the REVENUE SHARING FUND STATEMENTS examination of Revenue FILED Sharing Fund Statements for the year ended June 30, 1976, prepared by Diehl, Evans and Company, was received and filed on the motion of Councilman Evans, seconded by Councilman Ward, and carried 7:0 unanimously. CA 65 CA l12A COMFORT COACH & Following a short AMBULANCE, INC. APPLICATION discussion, the Clerk PERMITS GRANTED of the Council was directed to issue two Certificates of Public Convenience and Necessity to operate ambulances in the City of Santa Aha by Comfort Coach & Ambulance, Inc., on the motion of Councilman Ward, seconded by Councilman Evans, and carried 5:0, with Councilmen Brandt and Yamamoto dissenting. The action was in accordance with the Findings of Fact, Conclusions of Law, and Recommendation the Hearing Officer, Roy S. Giordano, in his report dated February 11, 1977, following a further hearing held pursuant to Council direction on January 18, 1977. CA 96 TRAFFIC SIGNAL - TUSTIN & FRUIT The report of Joe REFERRAL 2-?7 - DELETED Foust, Traffic Engineer, REPORT - FILED dated February 15, 1977, stating that the inter- section of Tustin Avenue and Fruit Street is high on the priority list (No. 3) for installation and funding in the 1977-78 budget, was received and filed, and Council Referral Item No. 2-77 deleted from the Summary, on the unanimously approved 7:0 motion of Councilman Evans, seconded by Council- man Yamamoto. CA 18.3 SANTA ANA-NEWPORT FREEWAY The recommendations INTERCHANGE - REPORT - FILED submitted by John E. LETTER AUTHORIZED; REFER---~DELETED Stevens, Public Works Director, in his report dated February 14, 1977, were approved as follows, on the motion of Councilman Yamamoto, seconded by Councilman Brandt, and carried 7:0 unanimously: 1) Received and filed the letter of request and Staff report; 2) Authorized the Mayor to write a letter of response to the Mayor of the City of Tustin, explaining the City's great concern for the improvement of the intersection of Main Street and the Santa Ana Freeway and due to the scarcity of highway construc- tion funds, it would not be prudent to dilute our efforts in requesting financial assistance from CALTRANS for another area of concern at this time; and 3) Deleted Council Referral No. 51-76 from the Summary. CA 29.10 CITY COUNCIL MINUTES 67 FEBRUARY 22, 1977 NEW CETA TITLE VI FUNDING The recommendation of PROPOSALS Keith Blunt, Manpower AUTHORIZED Project Coordinator, in his report dated February 14, 1977, was approved as follows, on the motion of Councilman Evans, seconded by Councilman Yamamoto and carried 6:0 with Councilman Brandt abstaining because of his affilia- tion with the Orange County School Board: 1) Authorized City Manager to prepare an application for new CETA Title VI funds at a level consistent with the appropriation approved by the U. S. Department of Labor (Estimate $2,400,000); 2) Authorized Staff to prepare a Request for Proposals based on new Title VI guidelines to be sent to City Departments and non-profit agencies; and 3) Authorized the hiring of one (temporary) Manpower Assistant and one (temporary) Typist Clerk I from CETA administrative funds to work on the preparation and implementation of the new CETA Title VI Public Service Employment Program. A further motion by Councilman Ward, Bricken, and carried 7:0 unanimously, vide assistance to non-profit groups for CETA employees under Title VI. seconded by Councilman directed Staff to pro- in preparing proposals CA 131.11 RECESS reconvened. At 3:10 P.M. Mayor Garthe called a recess; at 3:20 P.M. the meeting was CENTENNIAL PARK DEVELOPMENT SCHEMATIC PLAN I APPROVED approved, on the unanimously carried Brandt~ seconded by Councilman Evans. Centennial Regional Park (Schematic Plan I), in the General Development Plan Interim Report, was 7:0 motion of Councilman Recreation and Parks Director Robert Gresham pointed out that Schematic Plan I provides for a larger (12 acre) lake and that Plan I was approved by the Board of Recreation and Parks and Plan II, with a 6-acre lake proposed, was approved by the Planning Commission. CA 52 DEDICATION OF SENIOR CENTER Appropriation Adjustment APPROPRIATION ~J)JUSTMENT 140 No. 140, transferring APPROVED $675 from Council con- tingency for printing and mailing, box lunches and shuttle bus from Stadium Parking for the Dedication Ceremonies to be held on March 21, 1977 at 11:30 A.M. for the Santa Ana Senior Service Center, was approved on the motion of Councilman Evans, seconded by Coun- cilman Brandt and carried 7:0 unanimously. The previous motion also included receiving and filing of the report pre- pared by Patricia Seixas dated February 15, 1977 describing the proposed program format. CA 65.3 CITY COUNCIL MINUTES 68 FEBRUARY 22, 1977 BOWERS MUSEUM EQUIPMENT Appropriation Adjustment APPROPRIATION ADJUSTMENT 134 No. 134 to transfer APPROVED $7,360 from Bowers Museum Salary and Wages account to Machinery and Equipment, for the purchase of storage equip- ment needed to implement the program designed to assist in the securing of full Museum accreditation was approved on the motion of Councilman Bricken, seconded by Councilman Yamamoto, and carried 7:0 unanimously. The request was initiated by Reilly Rhodes, Museum Director, in his report dated February 4, 1977, submitted with a bid call request for SPEC. 77-012. CA 65.3 ORAL COMMUNICATION On the motion of COUNCIL MEETINGS IN MARCH Councilman Yamamoto, seconded by Mayor Garthe, and carried unanimously 7:0, the March Council meeting dates were set as March 7, 21 and 29. ORAL COMMUNICATION On the motion of Council- NATIONAL LEAGUE OF man Bricken, seconded by CITIES CONFERENCE Councilman Ward, and carried 7:0, Mayor Garthe, Councilmen Ward and Brandt, and City Manager Bruce Spragg, were excused from the March 7 Council meeting to attend a National League of Cities Conference in Washington, D.C. CA 150.4 ORAL COMMUNICATION Councilman Brandt sug- THORNTON PARK DEVELOPMENT gested that even though REFERRED fill dirt previously available is no longer available, he would like some consideration given to modifying the Thornton Park plan to fill the hole that had been designated in the Master Plan to be a lake. Councilman Ward stated that Thornton Park is to be a neighbor- hood park; that the existing hole is a hazard that should have been fenced a long time ago; that none of our other neighbor- hood parks have a lake, although each is unique in its own way; and that Thornton Park could be attractively developed with a lake. Councilman Brandt stated that he would like to have the park unique in its own way, but he is not convinced that a lake is the answer; that Centennial Park is a five minute drive, where there will be a 12~acre lake, and that it doesn't make sense to have lakes that close together; that we should fill the hole and get on with developing the park into something that can be used. City Manager Spragg stated that the original plan was for a lake, but that there will probably be fill dirt available from the storm drain project if it is decided that the hole is to be filled; that Staff will address the questions of development cost and maintenance for Council decision. On the motion of Councilman Ward, seconded by Councilman Evans, and carried 5:2, with Councilmen Brandt and Bricken dissenting, Staff was requested to investigate and make recommendations on the safety of the mud "hole" (future lake); on relative costs of development and operation (lake vs. lawn); and status of community input. CA 52 CITY COUNCIL MINUTES 69 FEBRUARY 22, 1977 ORAL COMMUNICATION Councilman Brandt advised STATE BINGO LEGISLATION Council that in review- AMENDMENT REQUESTED ing S.B. 103 and A.B. 101, the State legislation allowing bingo, it was found that there can be a $10,000 fine imposed on anyone receiving a salary or wage in the operation of bingo games, but that there is no provision for penalty for anyone who pays such a wage or salary; that he had asked the City Attorney, Keith Gow, to prepare a letter to the authors of the bills pointing this out, and urging amendments to bring the Penal Code into line with common sense. On the motion of Councilman Brandt, seconded by Councilman Evans, and carried 7:0 unanimously, the City Attorney was authorized to send letters to the appropriate legislators urging the described amendment. CA 57 CA91.10 EXECUTIVE SESSION At 4:05 P.M. Mayor Garthe recessed the meeting to hold an Executive Session to discuss potential litigation; at 5:07 P.M. the meeting was reconvened with all Council members present. ORAL COMMUNICATION Councilman Ortiz TIJUANA DAY recommended that the INVITATIONS ACCEPTED Council accept the invitation of the Tiajuana Day Committee for May 5, 1977, and assist the Committee in the promotion of Tijuana Day in Santa Ana on June 4, stating that there would be no financial impact on the City. Mr. Ortiz' motion to that effect was seconded by Councilman Bricken, and carried 7:0 unanimously. CA 151 AGENDA ORDER The letter and exhibits FRIENDS OF THE CHILDREN'S ZOO presented by Marcia REFERRED Heil, President of the Friends of the Children's Zoo, reouesting recognition of the ~roup, were referred to Staff for consideration in the development of the Prentice Park Zoo, on the motion of Councilman Ward, seconded by Council- man Brandt, and carried 7:0 unanimously. Mrs. Heil expressed the interest of her ~roup in expansion of the Pettin~ Zoo. She stated that this is the only such facility for petting animals between Los Angeles and San Diego, and that the Zoo has had 275,000 visitors since its inception; that over $61,000 has been realized as of December 31 from the entrance fees and that the projected attendance for 1977 is 137,000; that Friends of the Children's Zoo is composed of a number of people who are anxious to assist as volunteers; that the area of the Petting Zoo is very crowded during the five hour period when school children are bussed in; and that the "Friends" are anxious that the po~d area construction be commenced. Mrs. Mildred Cobb, 2118 N. Richmond, a member of the "Friends". stated that the organization needed two things: interested community people who will help the Staff and alternate animals to act as relief to the existing animals; that fees collected thus far have not resulted in the anticipated expansion; and that adeouate funds should be allocated for that purpose in the next budget. Mayor Garthe stated that the City would like very much to purchase the adjoining land between the present Zoo property and the Santa Ana Freeway for expansion. CITY COUNCIL MINUTES 70 FEBRUARY 22, 1977 Manuel Rede, Executive Director of Community Services, encouraged the group to work closely with Staff and with the Board of Recreation and Parks. Councilman Bricken stated how plea~d the Council is to have a citizens group so anxious to help with the Zoo. CA 52.3 RECESS vened at 7:30 P.M. with the At 5:30 P.M. Mayor Garthe recessed the meeting for dinner; the meeting was recon- same Councilmen present. INVOCATION Following the Pledge PLEDGE OF ALLEGIANCE of Allegiance to the Flag, the Invocation was given by Pastor John Wilker of St. Peter's Evangelic Lutheran Church. CA 80.17 PROCLAMATION PRESENTATION The Mayor's Proclama- "AMERICAN NATIONAL RED tion setting aside the CROSS MONTH" month of March as American National Red Cross Month was presented to Red Cross representative M. W. Hutchinson. Mr. Hutchinson described many of the services provided by the Red Cross. CA 46 GREYHOUND BUS LINES City Attorney Keith SETTLEMENT AUTHORIZED Gow was authorized to execute, on behalf of the City, an agree- ment to provide for the settlement of the dispute with Grey- hound Bus Lines in consideration of the City's immediately assumin~ Greyhound's obligation under their lease of the premises on Seventeenth Street at Poinsettia and payment to Greyhound in the total sum of $47,500 in return for and in consideration therefor, and, in addition, Greyhound would agree to exert its best efforts on behalf of the City to terminate the lease arrangement with Texaco including what- ever contact might be necessary at the corporate level to bring this matter to a conclusion~ on the motion of Council- man Bricken~ seconded by Councilman Yamamoto, and carried 6:1, with Councilman Evans dissenting. Mickey Madden stated that the northeast homeowners were grate- ful for Council's decision, and that the money spent was very little compared to the potential harm of having a bus station in the neighborhood. CA 84 PUBLIC HEARING Mayor Garthe announced REORGANIZATION OF HRC that this was the time RESOLUTION 77-24 ADOPTED and place for the public hearing of a resolution to reorganize and reestablish a Human Relations Commission of the City of Santa Anao City Manager Bruce Spragg stated that this matter had been discussed for some time, the resolution revised several times and resubmitted to interested Boards and Commissions and City departments for comments, and that the final resolution draft was being presented for review and adoption. Hal Gosse, Chairman of the Planning Commission, gave the Commission's support for the resolution with revisions of Sections 4 A and 4 D. CITY COUNCIL MINUTES 71 FEBRUARY 22. 1977 Zeke Hernandez. Chairman of the Human Relations Commission, stated that the latest changes significantly changed the scope of the responsibilities of the Commission. and he would like more time for Commission review. As there were no further speakers, Mayor Garthe closed the public hearing. The following resolution, as amended, was motion of Councilman Bricken, seconded by and carried 5:2, with Councilmen Yamamoto adopted on the Councilman Ward, and Ortiz dissenting: RESOLUTION NO. 77-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION NO. 70-4, AND REORGANIZING AND REESTABLISH- ING A HUMAN RELATIONS COMMISSION OF THE CITY OF SANTA ANA. A second motion by Councilman Bricken, seconded by Mayor Garthe, and carried unanimously 7:0, instructed Staff to prepare a suitable expression of gratitude in recognition of the quality of work performed by the existing members of the Human Relations Commission. CA 131.1 PUBLIC HEARING Mayor Garthe announced gAKER SOUARE- VA 76-57 that this was the time APPROVED and place for the public hearin~ of Baker Square A~artment Complex - Variance Application 76-57 at 611-615 North Bristol and 618-630 North Baker. Councilman Evans declared that because First American Title was performing the title work for the developer in this matter, he would have a conflict of interest;and he left the Council Chambers. Charles Zimmerman, Planning Director, stated that the variance would allow a 90-unit FHA apartment complex in the Ri~ R2, C4 and C5 Districts. He described the project size and unit dis- tribution as stated in the Findin~ of Fact~ the additional conditions that were added as a result of a second Planning Commission review requested bv the Council, and he stated that the revised plan was a~proved by the Planning Commission on December 13, 1976. He also stated that the rental range will be $235 to $275 a month. Grace Diaz of the City staff translated Mr. Zimmerman's comments i~to Spanish. C]er~ of the Council Florence I. Malone reported to the Coun- cil that a letter had been received from Duane Harmon, who could not be ~resent at the meeting, but who was in favor of the Baker Square Apartment Complex. Those persons speaking in favor of the Variance were: Merton Butler. 1922 Omega Drive Woody Johnson. 444 South Main Street, Orange Ann Madison. 600 South Harbor. Anaheim Ron McMahon. 615 East Chapman. Orange, Architect for Project Lester Day. American Develonment Corp. 3450 Wilshire, L.A. Don Fletcher, 718 North Baker Von Thompson- 707 North Baker Mildred Hunt, 1316 West Sixth Street The nro~onents stated that the a~artment complex is oF lower ~en~itv th~n the p~an ~revio-slv apnroved for the area; that it would be an improvement of the ~ronerty that would provide housing for downtown employees: that it is an inward-facing CITY COHNCIL MINUTES 72 FEBRUARY 22, 1977 project; that the parking spaces provided will be more con- venient to the tenants than street parking; that there will be one and one-half spaces for each apartment; and that the developer is a financially stable company that will build and manage the project. Those persons speaking in opposition to the Variance were: Rowena Macias, 1243 West Sixth Street Robert Gonzales, 1313 West Seventh Street Helen Brown, 818 North Freeman Louise Jacobs, 1411 West Seventh Street Tom Dixon, 2631 West Harvard Joseph Dixon, 1010 Alton Street David Hench, 804 North Louise Zeke Hernandez They stated that the community meetings had been held and the residents were opposed to high density apartments in the neigh- borhood; that the zoning is RI and R2 and the neighborhood is primarily low and moderate income housing; that there will be an undesirable increase in traffic on the residential streets; that members of the relocated Trinity Methodist Church are opposed to the complex; and that the apartments are very small with no area provided for children to play. There being no further speakers, Mayor Garthe closed the public hearing. Following Council comments, Councilman Brandt's motion, seconded by Councilman Ward to approve the Planning Commission Finding of Fact, to grant Variance 76-57, with all attached conditions, carried 4:2, with Councilmen Ortiz and Bricken dissenting. CA 13.3a RECESS with all Councilmen present. At 9:45 P.M. Mayor Garthe recessed the meeting; at 9:57 P.M. the meeting was reconvened, PUBLIC HEARING - APPEAL NO. 37S Mayor Garthe announced NEGATIVE DECLARATION 76-216 & that this was the time EX 76-31 - DENIED and place for the public hearing of Negative Declaration No. 76-216 and Appeal No. 375, appealing the Plan- ning Commission denial of Minor Exception 76~31, which would allow the construction of a six-foot high slump-stone wall in the front setback area of 2370 North Flower Street in the Ri District. Planning Director Charles Zimmerman stated that prior to the Planning Commission hearing, 34 property owners on both sides of Flower Street between Santa Clara and Riverside Drive were notified; that 11 letters of opposition were received; that following the hearing the Planning Commission denied the Minor Exception on a 5:2 vote. There were no written communications received by the Clerk of the Council. Those persons speaking in favor of the Minor Exception were: Applicant Robert Harr, 2370 North Flower Applicant Diane Harr, 2370 North Flower Anne Famalaro, 2110 Victoria Drive CITY COUNCIL MINUTES 73 FEBRUARY 22, 1977 They stated that they were in favor of construction of the wall because of the increase in traffic, noise and pollution on North Flower Street; that the wall would insure greater privacy; and that the applicants had obtained the services of an architect to provide an attractive de.sign that would increase the value of the property. The speakers in opposition to the Minor Exception were: John Coil, 2395 North Flower Brad Turnbull, 2402 North Flower The opponents stated that the design of the wall was not particularly attractive; that the wall would do nothing to diminish pollution; and that a six-foot wall to within two feet of the property line would "stick out like a sore thumb". On the motion of Councilman Evans, seconded by Councilman Yamamoto, the Negative Declaration was approved and filed, and the City Attorney was directed to prepare a resolution denying Appeal No. 375 and upholding the Planning Commission denial of Minor Exception 76-31, on a vote of 6:1, with Councilman Brandt dissenting. CA 13.2 PUBLIC HEARING - APPEAL 371 Mayor Garthe announced NEGATIVE DECLARATION 76-51 - VA 76-30 that this was the time DENIED WITH PLAN MODIFICATIONS and place for the public hearing of Negative Declaration No. 76-51 and Appeal No. 371, appealing the Planning Commission approval of Variance Application 76-30, to allow parking at the west property line of the property at 1010 West Seventeenth Street (First Baptist Church). Planning Director Charles Zimmerman stated that nine years ago the Baptist Church had been given a variance over the objections of residents on the condition that cars would not be parked within 50 feet of the west property line; that the present appeal by residents W. Lyle Boyle, Robert Tompkins, Hazel E. Welty and Dennis Hayden, was filed to reverse the Planning Commission approval of a parking plan to remove the 50-foot wide landscaping strip to utilize the area for parking and to provide a landscape planter varying in width from 5 feet to 11 feet; that the Church subsequently came in with a plan providing for a 13-foot planter width; that tonight the Church has presented two alternate plans for Council considera- tion; and that the Planning Department has provided a repre- sentative at each of the meetings to work for a compromise. Mr. Dennis Hayden, 1517 Freeman, representing residents, spoke in favor of the Appeal opposing the Variance. He stated that there is a conflict in that the single family residences were there prior to the church moving in; that the residents had relied on the church's agreement under Variance No. 299, approved November 13, 1951, that there would be no parking of automobiles within 50 feet of the west property line; that they would like the residences to be protected; that the resi- dents would be willing to accept a compromise if safeguards appeared in the plan as written conditions. Those speakers opposing the Appeal and favoring the Variance were: Fred Kerns, 13102 Flint Drive Robert Savage, 1608 B North Main Street Dr. Don Reiter, Pastor of the Baptist Church They stated that there had been two meetings with the residents since the last Council meeting; that the property owners offered a compromise of a 25-foot buffer; that they had drawn CITY COUNCIL MINUTES 74 FEBRUARY 22, 1977 up Alternate Plan #2 showing the number of spaces available with that limitation; that it would not be economically feasible for the church to adopt that plan; that the church had come up with Alternate Plan #1 whereby compact car spaces would be used along the church wall and a buffer planter area varying from 9 to 13 feet could be maintained on the west property line and that the church would be willing to plant Italian cypress trees that would make a complete sound and visual barrier between the Church and the neighbors; and that this is the best plan that the church could come up with where they could get the greatest number of parking spaces considering the economics. There being no further speakers, Mayor Garthe closed the public hearing. On the motion of Councilman Ward, seconded by Councilman Brandt, and carried 5:2, with Councilmen Evans and Ortiz dissenting, Negative Declaration No. 76-51 was approved and filed, and the City Attorney was directed to prepare a resolution denying Appeal No. 371 of the Planning Commission approval of Variance Application 76-30~ with the stipulation that Alternate Plan #1 be the site plan, that a seven-foot block wall be installed on the west property line, and that Italian Cypress trees be planted at close intervals along the wall. CA 13.3 PUBLIC HEARING Mayor Garthe announced CONFLICT OF INTEREST CODES that this was the time ADOPTED and place for the public hearing of conflict of interest codes for the several offices, department, boards and commissions of the City of Santa Ana pursuant to the Political Reform Act of 1974. City Attorney Keith Gow stated that each appendix specifies the positions or class titles that are required to comply with the provisions of the conflict of interest codes and specifies in what form that compliance must be made; that each has been considered by the office or department and that these are the recommendations they have made and he suggested they be adopted as proposed. There being no comments from the audience, Mayor Garthe closed the public hearing. On the motion of Councilman Evans, seconded by Councilman Yamamoto and carried 6:1, with Councilman Ortiz dissenting, the City Attorney was instructed to prepare a resolution approving the conflict of interest codes for the several offices, departments, boards and commissions of the City of Santa Ana as submitted. CA 50.13 PUBLIC HEARING - AMENDMENT TO Mayor Garthe announced GENERAL PLAN that this was the time RESOLUTION NO. 77-25 ADOPTED and place for the public hearing of Negative Declaration 76-241 and Amendment to the Land Use and Open Space Elements of the General Plan to delete approximately 2.46 acres, located on the south side of Civic Center Drive between Raitt Street and Western Avenue, from the Open Space Element designated for Parks, Recreation and Open Space and redesignate said property as Medium Density Residential. The proposed amendment was recommended by the Planning Commission. Councilman Evans left the Council Chambers stating that there would be a conflict of interest for him to participate in this matter because First American Title, his employer, is handling the title business for this property. CITY COUNCIL MINUTES 75 FEBRUARY 22, 1977 Mr. Paul Williamson~ 1048 17th Street, stated that the property had been purchased for R2 use, but it is being proposed for Ri with some nice size lots for single family residences; and that the General Plan Amendment was approved by the Planning Commission January 10, 1977. There being no further speakers~ Mayor Garthe closed the public hearing. On the motion of Councilman Bricken, seconded by Councilman Ward~ and carried 6:0 unanimously, with Councilman Evans abstaining, Negative Declaration 76-241 was approved and filed, and the following resolution was adopted: RESOLUTION NO. 77-25 - 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 REDESIGNATING 2.46 ACRES LOCATED ON THE SOUTH SIDE OF CIVIC CENTER DRIVE BETWEEN RAITT STREET AND WESTERN AVENUE FROM OPEN SPACE TO MEDIUM-DENSITY RESIDENTIAL. CA 78.3 PUBLIC HEARING Mayor Garthe announced AMENDMENT APPLICATION 756 that this was the time ORDINANCE NS-1348 1ST READING and place for the pub- lic hearing of Amendment Application No. 756 to reclassify property located on the south side of Civic Center Drive between Raitt Street and Western Avenue from the "Open Space District" to the Ri "Single Family Residential District". Planning Director Charles Zimmerman stated that was a condition of Tract Map 9699 which follows Agenda. this zone change later in the There being no further speakers, Mayor Garthe closed the public hearing. On the motion of Councilman Bricken, seconded by Councilman Brandt, and carried 6:0 unanimously, Ordinance Ne. NS-1348 was placed on first reading as follows: ORDINANCE NO. NS-1348 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 756 FILED BY THE SANTA ANA UNIFIED SCHOOL DISTRICT REZON- ING PROPERTY FROM THE O (OPEN SPACE LAND) DISTRICT TO THE RI (SINGLE FAMILY RESIDENCE) DISTRICT, AND AMEND- ING SECTIONAL DISTRICT MAP 11-5-10. Councilman Evans was absent from the Chamber and abstained due to a conflict of interest previously declared. CA 10 AGENDA ORDER TENTATIVE TRACT MAP 9699 APPROVED On the motion of Councilman Brandt, Bricken and carried 6:0 unanimously with a conflict of interest previously declared), Tract Map 9699 was approved subject to conditions Planning Director's report and alley requirements as requested. Because Tract Map 9699 pertains to the previous two Agenda items, it was taken out of order. seconded by Councilman (Councilman Evans abstained Tentative contained in were waived CA 24 PUBLIC HEARING Mayor Garthe announced AMENDMENT APPLICATION 758 that this was the time ORDINANCE NS-1349 - 1ST READING and place for the public hearing of Negative Declaration 76-253 and Amendment Application No. 758 to reclassify property located on the west side of Greenville CITY COUNCIL MINUTES 76 FEBRUARY 22, 1977 Street between Warner and Segerstrom Avenues from the R4 Dis- trict to the RI District. Planning Director Charles Zimmerman referred to his report dated January 26, 1977 and stated that he would answer any further questions. There being no comments from the audience, Mayor Garthe closed the public hearing. On the motion of Councilman Brandt, seconded by Councilman Bricken, and carried 7:0 unanimously, Negative Declaration No. 76-253 was approved and filed and Ordinance No. NS-1349 as follows was placed on first reading: ORDINANCE NO. NS-1349 - AN ORDINANCE OF THE CITY OF SANTA AND APPROVING AMENDMENT APPLICATION NO. 758 FILED BY M. C. NICKEL REZONING PROPERTY FROM THE R4 (SUBURBAN APARTMENT) DISTRICT TO THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP 27-5-10. CA 10 PUBLIC HEARING Mayor Garthe announced VACATION OF NORTH-SOUTH ALLEY that this was the time BETWEEN 1ST & 2ND STREETS and place for the public RESOLUTION 77-26 ADOPTED hearing of the Vacation of public alley located north and south between First and Second Streets, approximately 550 feet east of French Street. Planning Director Charles Zimmerman referred to his report dated January 24, 1977, and said he would be available for any questions. Mr. John Wightman, 406 East Camille, spoke in favor of the Vacation. There being no further speakers, Mayor Garthe closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Ortiz, and carried 7:0 unanimously, the following resolution was adopted: RESOLUTION NO. 77-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF AN ALLEY BETWEEN FIRST AND SECOND STREETS BOUNDED BY LOTS 5, 6, 13 AND 14 OF THE JENNINGS AND FOSTERS 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 A CERTIFIED COPY OF THIS RESOLUTION WITH THE OFFICE OF THE RECORDER OF ORANGE COUNTY. CA 14 ORAL COMMUNICATION Police Chief Raymond BINGO ORDINANCE AMENDMENT C. Davis reported to Council that as a result of his investigation concerning the enforcement of and amendment to the bingo ordinance, that he would recommend the City proceed with the proposed amendment to provide for a penalty for operating a bingo game without a license, but that the proposed amend- ment to limit the number of days of operation of bingo games be delayed until after the pending State hearings into bingo operations. CITY COUNCIL MINUTES 77 FEBRUARY 22, 1977 The Chief's recommendation was approved on the motion of Councilman Brandt, seconded by Councilman Evans, and carried 7:0 unanimously. CA 91.10 ORAL COMMUNICATION On the unanimously CHARTER AMENDMENTS approved 7:0 motion of Councilman Brandt, seconded by Mayor Garthe, the meeting scheduled with the Charter Review Committee was postponed until the latter part of April. CA 129 ADJOURNMENT At 11:50 P.M. Mayor Garthe adjourned the meeting. FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 78 FEBRUARY 22, 1977