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HomeMy WebLinkAbout04-26-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 26, 1977 The meeting was called to order at 5:00 P.M. in the City Council Chambers by Mayor Vernon S. Evans. Councilmen present were David F. Ortiz, Harry K. Yamamoto, David L. Brandt, James B. Ward, John Garthe, and Mayor Evans. Councilman Gordon Bricken was absent. The following members of Staff were present: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Assistant City Manager Ronald Wolford, Director of Public Works John E. Stevens, and Assistant Clerk of the Council Patricia E. Rice. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Yamamoto. ORAL COMMUNICATIONS With the consent of GARDEN GROVE WATER DISTRICT Council, the Mayor REFERRED announced that Council would hear prior to items on the Agenda spokesmen for a number of Santa Ana resi- dents in the audience who were present because they had been notified by the City of Garden Grove of a new water surcharge for non-residents of Garden Grove. City Manager Bruce Spragg summarized the problem; he stated that approximately 1,100 Santa Ana residents use Garden Grove water; that the Garden Grove City Council approved a sur- charge for water users outside the city limits of Garden Grove amounting to approximately 50%, which will add about $4.00 to the average residential water bill per month; that the City of Santa Aha considered the purchase of the system serving Santa Ana residents several years ago; and that the cost of purchasing the system would run about 1/2 million dollars. Councilman Yamamoto informed Council that he attended the Garden Grove Council meeting as an interested Santa Ana citizen, for information, and he suggested that Garden Grove and Santa Ana Staff members get together to discuss the "discriminatory" surcharge; that Garden Grove was "passing the buck" in referring the affected water users to the City of Santa Ana. Virgil Bales, 2307 West Bern, presented a petition, and the following persons whose names were made available to the Clerk addressed the Council in opposition to the surcharge: William Cartwright, 2310 West Bobby Lane Leo Cormier, 2406 Bobby Lane Frank E. Yaeger, 2634 North Laird Armand Dallair, 2417 W. Bobby Lane They stated that the surcharge went into effect on April 22; that the residents would pay it under protest; that they had been informed by Garden Grove that the surcharge was for the purpose of maintenance, repair and service; that they had received no prior notice of the surcharge; that they have no vote in Garden Grove, and therefore no control over the City CITY COUNCIL MINUTES 135 APRIL 26, 1977 which supplies the water service; Santa Aha negotiate with the City of the water system. and they requested that of Garden Grove for purchase Mayor Evans asked if persons in the audience would be willing to meet with members of Staff and elected representatives from Santa Ana and Garden Grove to obtain the facts and sug- gest possible solutions to the problem. The following citizens volunteered: Roxanne Martinez, 2202 Bobby Lane, 530-7954 Virgil Bales, 2307 W. Bern, 537-2752 Leo Cormier, 2406 Bobby Lane, 530-8492 Armand Dallair, 2417 W. Bobby Lane, 530-0493 Councilmen voiced their concern and willingness to participate in finding a solution to the problem. On the unanimously approved 6:0 motion of Councilman Garthe, seconded by Councilman Ward, Council received and filed the petition containing 169 signatures presented at the meeting, and directed Staff to arrange a meeting of the citizen volunteers and representatives of both cities. CA 12 RECESS COMMUNITY REDEVELOPMENT AGENCY Agency; Council reconvened at 6:08 members present. At 5:30 P.M. Council recessed to convene the regular meeting of the Community Redevelopment P.M. with the same Council READING WAIVED On the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe, 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. PUBLIC HEARING - INCREASE IN LOCAL DRAINAGE AREA FEES RESOLUTION ?7-49 ADOPTED increase in local drainage area fees. The Mayor announced that this was the time and place for the public hearing of the proposed The Director of Public Works summarized the information con- tained in the report prepared by John W. Burk, Senior Civil Engineer, dated April 1, 1977, entitled "Local Drainage Area Fees". There were no proponents nor opponents; the Assistant Clerk reported there were no written communications; and the Mayor closed the public hearing. On the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Brandt, Council adopted RESOLUTION NO. 77-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVISING LOCAL DRAINAGE AREA FEES. The revision reflected a 13% increase in construction costs. CA 70 CITY COUNCIL MINUTES 136 APRIL 26, 1977 ORDINANCE NS-1358 AN ORDINANCE OF THE CREATING HOUSING COMMISSION CITY OF SANTA ANA ADOPTED AMENDING THE SANTA ANA MUNICIPAL CODE BY ADD- ING SECTIONS 6-626 THROUGH 6-632 CREATING A HOUSING COMMISSION PURSUANT TO HEALTH AND SAFETY CODE SECTION 34291 was placed on second reading and adopted unanimously 6:0, on the motion of Councilman Yamamoto, seconded by Councilman Garthe. CA 137.10 RESOLUTION 77-50 A RESOLUTION OF THE HONORING MAYOR JOHN GARTHE CITY COUNCIL OF THE ADOPTED CITY OF SANTA ANA HONORING MAYOR JOHN GARTHE was unanimously adopted 5:0, on the motion of Council- man Brandt, seconded by Councilman Ward, with Councilman Garthe abstaining. CA 80 RESOLUTION 77-51 A RESOLUTION OF THE PRENTICE PARK ZOO - GRANT CITY COUNCIL OF THE ADOPTED CITY OF SANTA ANA APPROVING THE APPLICA- TION FOR 1976 STATE GRANT MONIES FOR THE PRENTICE PARK ZOO DEVELOPMENT PROJECT was adopted on the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Ward. CA 52 INDENTURE - SPTC On the unanimously JUNIPER AVENUE approved 6:0 motion APPROVED of Councilman Ward, seconded by Councilman Garthe, Council approved and authorized execution of an Indenture, for the maintenance of water and sewer facilities in the Southern Pacific Transportation Company right of way, west of Harbor Boulevard at Juniper Avenue, between the City and Southern Pacific Transportation Company, as recommended in the report dated April 14, 1977 prepared by Quinn Moore, Associate Engineer. A-77-43 SANTA ANA HOST LIONS BAR-B-QUE Councilman Yamamoto's WAIVER OF SHOWMOBILE FEE motion to approve the APPROVED request for waiver of fee for use of the showmobile for the Santa Ana Host Lions Club Annual Bar-B-Que on Sunday, May 1, at Prentice Park, contained in the letter received April 14, 1977 from Ray E. Peterson, Co-Chairman of the Bar-B-Que Committee, was seconded by Councilman Brandt, and carried unanimously 6:0. CA 52 COMPLETION OF IMPROVEMENTS The motion of Council- TRACT 9250 - MC FADDEN W/HARBOR man Ward, seconded by APPROVED Councilman Garthe, to authorize release of performance, monument, labor and material bonds for Tract #9250, north side of McFadden, 362' west of Harbor Blvd., furnished in accordance with the agreement, as recommended in the report prepared by John J. Prendergast, Construction Engineer, dated April 14, 1977, carried unanimously 6:0. CA 24 SUPPORT OF SB 844 Council authorized the TRUCK WEIGHT FEES INCREASE Mayor to write to the APPROVED appropriate legislators in support of Senate Bill 844 providing for increase in truck weight fees, as recommended in the report prepared by Ronald E. Wolford, Assistant City Manager, dated April 19, 1977, on the unanimously approved 6:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 57 CITY COUNCIL MINUTES 137 APRIL 26, 1977 OPPOSITION TO AB 892 Letters from the Mayor UTILITY COMPANY EASEMENTS to the appropriate APPROVED legislators in opposi- tion to Assembly Bill 892, which would allow utility companies the right to create easements for themselves without compensating owners, were authorized, as recommended in Deputy City Attorney C. Thomas Drosman's report dated April 21, 1977, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 57 TRAVEL REQUEST FIRE MASTER ~he recommendation PLAN COMMITTEE MEMBER contained in the APPROVED report dated April 1977, prepared by Fire Chief B. J. Thompson, to approve the expenditure of approximately $200 from Fire Master Plan funds for Mrs. B. Jo Elliott, a member of the Fire Master Plan Committee, to attend the Emergency Medical Service Manpower Symposium in San Francisco May 3, 4, and 5, 1977, was approved unanimously 6:0, on Councilman Yamamoto's motion, seconded by Councilman Ortiz. 20, CA 64.4 ORAL COMMUNICATION Mary E. Terry intro- ALPHA CHRISTIAN PRE-SCHOOL duced herself, and REFERRED TO PLANNING COMMISSION stated that she had been retained by the E1 Templo Sinai Assembly of God Church, 307 East McFadden Avenue, to reopen the Alpha Christian Pre-School; that when she accepted the position she believed the school to be licensed, but that the State Health Department will not issue a new license until a City fire clearance has been obtained; that in order to obtain the fire clearance a Conditional Use Permit and Variance are required by the City, for a total of approximately $500 in application fees. She stated that application has been made for both the CUP and the Variance, and requested that Council permit the school to obtain the fire inspection and clearance in the interim. Assistant City Manager Ron Wolford stated that a CUP is re- quired because the school is located in an Ri zone, and that a Variance is required because of inadequate parking; that no relief from Council is possible under the present ordin- ance; and that the Planning Commission will hold a public hearing to develop recommendations to Council for possible Code changes to provide reduced fees for non-profit schools. In response to a question from Mayor Evans, City Attorney Keith Gow informed Council that the Code does not specify a certain time for fire inspection, but that the State will issue a license when the fire clearance has been obtained; City Manager Bruce Spragg suggested that land use precedents are at issue, and that the granting of the request might encourage violation of the Zoning Code. Council generally agreed during the discussion which followed that while safety is the primary consideration for pre-schools, nevertheless the other Code requirements must be met; that two other pre-schools have been referred to the Planning Commission; and that in the interest of fairness and consist- ency the same precedent should be followed. Councilman Yamamoto's motion to postpone action on the request for a fire inspection of the Alpha Christian Pre-School prior to the granting of a Conditional Use Permit and Variance, until after Council consideration of the Planning Commission recommendations for non-profit schools generally, was seconded by Councilman Brandt, and carried unanimously 6:0. CA 13 CA 13.la CITY COUNCIL MINUTES 138 APRIL 26, 1977 ORAL COMMUNICATION It was determined that MAY 16 REGULAR COUNCIL MEETING there will be a quorum for the regular meeting of the City Council on May 16, 1977, although Councilmen Garthe, Ward and Brandt will be absent because of their planned attendance at the League of Cities conference in Sacramento May 16-18. CA 80 ORAL COMMUNICATION Councilman Brandt was POLICE & MAYORS CONFERENCE appointed Mayor Pro COUNCILMAN BRANDT APPOINTED Tem to represent Coun- cil at the Police and Mayors Conference to be held in Washington, D.C. on May 3, 1977, on the unanimously approved 6:0 motion of Councilman Ortiz, seconded by Councilman Garthe. The major expenses of the trip are to be paid by the Law Enforcement Assistance Agency. CA 80 ORAL COMMUNICATION Councilman Yamamoto ENERGY PLANNING SEMINAR recommended that mem- bers of Staff and Council attend the Energy Planning Seminar sponsored by the Orange County Board of Supervisors and Orange County Chamber of Commerce on June 2, 1977 at 8:30 A.M. at the Anaheim Inn. Representa- tives of government, business, commercial, industrial and utility companies have been invited to participate in the all day event. CA 145.5 ORAL COMMUNICATION Council approved a PURCHASE OF SEDORIS PROPERTY letter of intent to LETTER OF INTENT TO PURCHASE APPROVED purchase the Sedoris property located east of Elk Lane, north of Main Street (Tustin), and east of Prentice Park, for the expansion of the Zoo, on the motion of Councilman Garthe, seconded by Councilman Brandt, and carried 5:0 unanimously. Mayor Evans left the meeting and abstained from voting because of a conflict of interest arising from his affiliation with First American Title Company where the property is now in escrow. Prior to the motion Manuel Rede, Executive Director for Com- munity Services, reported that the City has been negotiating for purchase of the property from Hall and Foreman, who is a party to an escrow to purchase the property from Sedoris; that the purchase price of $270,000 (to be confirmed by appraisal) can be funded with Proposition 2 State Park monies and either Orange County Revenue Sharing or Federal Revenue Sharing funds; that Hall and Foreman require a written commit- ment from the City to open a simultaneous escrow for purchase of the property in order to insure the transaction; that the City's cost for site acquisition and architectural services would total about $300,000 for the first phase; and that this is probably the last opportunity to acquire the property. CA 52 ADJOURNMENT Ward, seconded by Councilman Garthe. The meeting adjourned at 6:58 P.M. on the unanimously carried motion of Councilman ASSISTANT CLERK OF THE COUNCIL CITY COUNCIL MINUTES 139 APRIL 26, 1977