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HomeMy WebLinkAbout07-18-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 18, 1977 Mayor Vernon S. Evans called the meeting to order in the City Council Chambers, 22 Civic Center Plaza, at 2:05 P.M. The following Council members were present: David F. Ortiz, Harry K. Yamamoto, David L. Brandt, James E. Ward, John Garthe, and Mayor Evans. Councilman Gordon Bricken arrived at 2:10 P.M., during the~regular meeting of the Housing Authority. Staff mem- bers presen~ were City Manager Bruce C. Spragg, City Attorney Keith L. G~, Director of Public Works John Stevens, Executive Director for Community Services Manuel Rede, Planning Director Charles C. Zimmerman, Fire Chief B. J. Thompson, and Clerk of the Council Florence I. Malone. PLEDGE OF ALLEGIANCE INVOCATION The Invocation was given by Councilman Brandt, following the Pledge of Allegiance to the Flag. RECE~ HOUSING AUTHORITY Council reconvened at 2:12 P.M. At 2:08 P.M. Council recessed to convene the regular meeting of the Housing Authority; with all Council members present. CONSENT CALENDAR Items removed from the ITEMS REMOVED & ADDED Consent Calendar were: DISSENTING VOTES Items 6 A and 12 C by Councilman Ward; Item 5 C by Councilman Bricken; Item 12 G by Staff; Items 4 A through 4 R, inclusive, and Item 12 A by Mayor Evans. Councilman Ward and Mayor Evans registered NO votes on Item Mayor Evans added Items 3 C (SPEC 778-122B - Tapping Valves Bid Award) and 3 D (Urgency Repair of Well No. 16). CDNSENT CALENDAR Councilman Ward's motion STAFF RECOMMENDATIONS to approve the recommenda- APPROVED tions of Staff on the fol- lowing Consent Calendar Items was seconded by Councilman Garthe, and carried on a 7:0 unanimous roll call vote: MINUTES Meetings of June 20, June Approved the Minutes of the Adjourned Regular Meeting of June 11, 1977, and the Regular 28, and July 5, 1977. CITY COUNCIL MINUTES 243 JULY 18, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID CALLS following: Approved plans and specifica- tions, and authorized adver- tisement for bids on the SPEC 77-026 - Replace air conditioner compressors in Bowers Museum. SPEC 77-028 - Hoof stock holding cages for Prentice Park Zoo. SPEC 77-029 - Small mammal recovery cages for temporary veterinary hospital for Prentice Park Zoo. SPEC 77-030 - Pharmaceuticals and supplies for Prentice Park Zoo. SPEC 77-031 - Medical and restraint equipment for Prentice Park Zoo. SPEC 77-032 - Replacement of scoreboard at Municipal Stadium. PROJECT 8121 - Campesino Park security lighting. PROJECT 8123 - Thornton Park Playground area; and PROJECT 6128 - Thornton Park concrete walkway. CA 89 BID AWARDS Awarded the following on basis of lowest responsible and best bidder: PROJECT 8312 (8310) Repair of Police Facilities Air Conditioning System; awarded to Air Conditioning Systems, Inc., La Habra, on the base bid and Additive Alternate No. 1, for a total amount of $60,?48.00. PROJECT 1388 - Modify existing traffic signal at Bristol and Memory Lane to provide dual left turn lanes northbound only; awarded to Signal Maintenance, Inc., Anaheim, in the total amount of $16,284.05. SPEC 778-122A & B - Tapping Gate Valves Ringtite sizes 4", 6" & 8" and Mechanical Joint size 4" through 12"; awarded to Hanson's Pipe and Supply Co., Santa Ana, for estimated annual volume of $22,000.00. (Agenda Item 3 C) Deemed that the immediate inspection and repair of Well Number 16, west of Municipal Stadium, is of urgent necessity for the preservation of life, health and property, in accordance with Section 421 of the City Charter, and author~ ized that the contract be let without advertising for bids. (Agenda Item 3 D) CA 89 NEGATIVE DECLARATIONS VARIANCES & CUP'S on the following: Approved and filed the Nega- tive Declarations, and Planning Commission Findings of Fact, VA 77-12 - Filed by Mary Josephine McKenzie to allow construction of twenty condominium units in the CS District at 2151 North Fairview Street. APPROVED. CITY COUNCIL MINUTES 244 JULY 18, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued VA 77-26 - Filed by the Irvine Company to allow one freestanding monument sign, three wall signs and one freestanding menu board sign for a proposed "Taco de Carlos" restaurant in the LM District at 1740 East Dyer Road and to waive a portion of the required front and side yard setbacks. APPROVED Plot Plan #2. Councilman Ward and Mayor Evans registered NO votes. (Agenda Item 5 B) VA 77-39 Filed by Woodrow A. and Anne D. Seabau~h to convert an existing fourplex to a condominium ~n the A1 District at 1829-1835 E. Nineteenth Street. APPROVED. CA 13 CUP 77-10 - Filed by Northside Church of Christ to allow a pre-school in conjunction with an existing church in the Ri District at 2130 North Grand Avenue. APPROVED. CA 13.1 DEED, NO CASH Authorized execution of the GRANTOR, CITY following deed by Mayor and Clerk: SMITH, Russell Fredrick and Donna Lee - Southeast corner of McFadden and Euclid for vehicular access rights. CA 155 DEED WITH CASH & ESCROW GRANTOR, CITY connection with the sale: Approved the following deed and authorized Mayor to sign all necessary documents in JOHNSON CHAPEL, THE AFRICAN METHODIST EPISCOPAL CHURCH - North side of First, west of Bristol Street, for sale and exchange of surplus real property. CA 155 TENTATIVE TRACT MAPS Approved and filed the Nega- tive Declarations, approved the following maps subject to conditions contained in Planning Director's Reports, and waived alley requirement on Map No. 9788: TRACT 9788 - Filed on May 27, 1977, by Marinacci- Lindborg Estates creating one C5 lot to be used for condominium purposes; generally located on the east side of Fairview Street, south of Trask. TRACT 9963 - Filed on June 13, 1977 by Marvin R. Van Buren creating 5 Ri lots; proposed lot number one is used for an existing residence and lots 2-5 will be for single-family residential uses; generally located on the southeast corner of Newhope and Kent Street. CA 24 FINAL TRACT MAP Approved the final map, accepted the dedications thereon, and the bonds in the amounts set, and authorized execution of the subdi- vision agreement by the Mayor and Clerk on the following: TRACT 9773 - North side of Edinger Avenue, 135 feet east of Center Street; one lot. CA 24 CITY COUNCIL MINUTES 245 JULY18, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued COMPLETION OF IMPROVEMENTS on the following: Authorized release of performance, monument, labor and materials bonds TRACT 7492 - North side of McFadden Avenue, east side of Lyon Street. TRACT 9150 - West side of Old Grand, north side of Santa Clara Avenue. TRACT 9151 ~ East side of Old Grand Avenue, north of Santa Clara Avenue. TRACT 9596 - North side of Edinger, west of Fairview Street. CA 24 AGREEMENTS Approved the following agree- ments and authorized their execution by Mayor and Clerk: ORANGE COUNTY BURGLARY PREVENTION INDEX CONTRACT EMPLOYEES - Amendments to existing Agreements between the City and Christine Ann Buckel and Barbara Jane Swango, Clerk Typists, to extend their terms of employ- ment from August 1, 1977 to December 31, 1977. A-77-79 TRAFFIC SIGNAL CONSTRUCTION - Intersection of Mc Fadden Avenue and Williams Street - Between the City and Boyd Industrial Properties. A-77-80 CA 89 BURGLARY PREVENTION THROUGH TARGET HARDENING GRANT AMENDMENT - Between the City and the County of Orange extending the existing agreement through November 30, 1977. A-77-81 WEST COMMUNITY CENTER LEASE - One year renewal Between the City and Ann B. Hall Trust (Owner) for City's use of space at 4404-08 West Fifth Street. A-77-82 CENTENNIAL PARK AGRICULTURAL LEASE AMENDMENT Between the City and Murai Farms, Inc. to include additional 21.65 acres of former FCC property. A-77-84 BOARDS & COMMISSIONS of service: Accepted the following resigna- tions with regret and directed Staff to prepare a recognition BOARD OF RECREATION & PARKS - Letter dated June 28, 1977 from Michael A. Leversen resigning as a member. CA 52.2 PERSONNEL BOARD - Letter dated June 21, 1977 from Tom Griffiths resigning as a Board member effective July 1, 1977. CA 50.8 TRANSPORTATION ADVISORY COMMITTEE (TRAC) Letter dated June 13, 1977 from Dave Flaherty resigning as a member. CA 29.10A CITY COUNCIL MINUTES 246 JULY18, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED ~ Continued LIABILITY CLAIMS Referred to Administration Claims received from July 1 through July 11, 1977, inclusive. CA 65.7b COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS Received and filed report of Proclamations issued by the Mayor from June 28 to July 12, 1977. CA 46 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * ALCOHOLIC BEVERAGE LICENSE APPLICATIONS FILED Council received and filed the Staff report on the following ABC License Applications: CANTILLO, Armando L. - 2231-2233 W. 1st St. - Person to Person Transfer - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). Councilman Garthe~s motion, seconded by Councilman Brandt, carried 6:1, with Councilman Bricken dissenting. (Agenda Item 4 A) DENNY'S INC. - 2314 E. 17th St. Person to Person Transfer Type "47" On Sale General. Councilman Garthe's motion, ~seconded by Councilman Brandt, carried 5:2, with Councilmen Bricken and Yamamoto dissenting. (Agenda Item 4 B) FREED, Myra K. 501 S. Grand Ave. - Person to Person Transfer - Type "48" On Sale General (Public Premises). Councilman Brandt's motion, seconded by Councilman Garthe, carried 5:2, with Councilmen Bricken and Yamamoto dissenting. (Agenda Item 4 C) GRUNDY, Thomas J. 2657 N. Main St. ~ Person to Person Transfer - Type "40', On Sale Beer. Councilman Brandt's motion, seconded by Councilman Ward, carried 5:2, with Councilmen Bricken and Yamamoto dissenting. (Agenda Item 4 D) HUYNG, Tom Van 2329 W. First St. - Original - Type "20" Off Sale Beer & Wine. Councilman Ward's motion, seconded by Councilman Garthe, carried 6:1, with Councilman Bricken dissenting. (Agenda Item 4 E) CA 146 AGENDA ORDER - Item 4 F, LEPERE-CHAPMAN FOOD SERVICES, ABC Application, was considered following Item 4 R, TOMP, William A., ABC Application. LUTZ, Theodore 3110 W. Harvard - Original - Type "20" Off Sale Beer & Wine PROTEST - CUP required. Councilman Brandt's motion, seconded by Councilman Ward, carried 7:0, unanimously. (Agenda Item 4 G) CA 146.1 MALONE, James D. and Lawrence E. 2920 W. Warner - Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). Councilman Garthe's motion, seconded by Councilman Brandt, carried 5:2, with Councilmen Ward and Bricken dissent- ing. (Agenda Item 4 H) CITY COUNCIL MINUTES 247 JULY 18, 1977 MERTSCHING, M.P. 209 N. Harbor Blvd.- Person to Person Transfer - Type "40" On Sale Beer. Councilman Ward's motion, seconded by Councilman Garthe, carried 5:2, with Councilmen Yamamoto and Bricken dissenting. (Agenda Item 4 I) MORENO, Juan M. - 216 E. Warner, Bldg. G & H - Person to Person Transfer - Type "40" On Sale Beer. Councilman Garthe's motion, seconded by Councilman Ward, carried 5:2, with Councilmen Yamamoto and Bricken dissenting. (Agenda Item 4 J) PERRY, Jack B. 116 N. Main St. Person to Person Trans- fer - Type "21" Off Sale General, Dropping Partner. Coun- cilman Garthe's motion, seconded by Councilman Ward, car- ried 6:1, with Councilman Bricken dissenting. (Agenda Item 4 K) PIMENTAL, Margaret - 810 S. Harbor Blvd. - Original Type "20" Off Sale Beer & Wine. Councilman Brandt's motion, seconded by Councilman Garthe, carried 5:2, with Councilmen Bricken and Ward dissenting. (Agenda Item 4 L) QUICK, Donna - 2710-G W. Edinger - Person to Person Transfer - Type "40" On Sale Beer. Councilman Garthe's motion, seconded by Councilman Ward, carried 5:2, with Councilmen Bricken and Yamamoto dissenting. (Agenda Item 4M) MAC MAHON, Robert, HULSEY, Walter - 2414 S. Fairview - Person to Person Transfer - Type "47" On Sale General (Bona Fide Public Eating Place) Stock Transfer. Council- man Ward's motion, seconded by Councilman Brandt, carried 6:1, with Councilman Bricken dissenting. (Agenda Item 4 N) ROSALES, Eulalia V. 3417 W. Fifth St. - Person to Person Transfer - Type "42" On Sale Beer & Wine (Public Premises). Councilman Ward's motion, seconded by Council- man Brandt, carried 5:2, with Councilmen Bricken and Yama- moto dissenting. (Agenda Item 4 O) SABA, Farah A. & Michael A. - 2002 S. Flower St. Original - Type "20" Off Sale Beer & Wine. Councilman Ward's motion, seconded by Councilman Garthe, carried 6:1, with Councilman Bricken dissenting. (Agenda Item 4 P) HANZEL, John L. (7-ELEVEN) 1020 S. Bristol St. Person to Person Transfer - Type "20" Off Sale Beer & Wine. Councilman Brandt's motion, seconded by Councilman Ward, carried 6:1, with Councilman Bricken dissenting. (Agenda Item 4 Q) TOMP, William A. 2058 S. Main St. - Person to Person Transfer - Type "42" On Sale Beer & Wine (Public Premises). Councilman Ward's motion, seconded by Councilman Brandt, carried 5:2, with Councilman Bricken and Yamamoto dissenting. (Agenda Item 4 R) CA 146 ABC LICENSE APPLICATION Council received and LEPERE-CHAPMAN FOOD SERVICES filed the Staff report FILED of the following Alcoholic Beverage License Applica- tion on the motion of Councilman Garthe, seconded by Councilman Brandt, and carried 6:1, with Councilman Bricken dissenting: LEPERE-CHAPMAN FOOD SERVICES - 1820 E. Carnegie Original - Type "41" On Sale Beer & Wine (Bona Fide Public Eating Place). (Agenda Item 4 F) CA 146 CITY COUNCIL MINUTES 248 JULY 18, 1977 NEGATIVE DECLARATION & VA 77-38 Councilman Ward's motion WILLIAM H. PARKER (CAR WASH) to approve and file the APPROVED Negative Declaration and Planning Commission Find- ing of Fact on the following variance was seconded by Councilman Brandt, and carried unanimously 7:0: NEGATIVE DECLARATION & VA 77-38 - Filed by William H. Parker to omit doors and allow unenclosed vacuum stations in a self-service car wash in the C2 District at 3S12 W. First Street. APPROVED. (Agenda Item S C) CA 13 DEEDS WITH CASH & ESCROW Following a discussion of GRANTEE CITY the value of land being APPROVED recommended for purchase for street and vehicular access by the City from Flower Investment Co., Council approved the following deeds and authorized the Mayor to sign all neces- sary documents in connection with the purchases, on the motion of Mayor Evans, seconded by Councilman Garthe, and carried 6:1, with Councilman Ward dissenting: FLOWER INVESTMENT CO. - East side of Flower, north of Civic Center Drive for street and vehicular access rights. (#6030) FLOWER INVESTMENT CO. - East side of Flower, north of Civic Center Drive for street and vehicular access rights. (#6031) Councilman Bricken's motion, seconded by Councilman Brandt, to approve the following deeds and authorize the Mayor to sign all necessary documents in connection with the purchases, carried unanimously 7:0: OLSON, Pauline - West side of Flower, north of Civic Center Drive for street and vehicular access rights. STEINHARDT, Erica - East side of Flower, south of 17th Street for street and vehicular access rights. BLOCK, Belarmina - East side of Flower, south of Tenth Street for street and vehicular access rights. BROWN, Marilyn Ann and Jack D. - West side of Flower, south of Washington Street for street and vehicular access rights. (Agenda Item 6 A) CA 155 AGREEMENT - TRASH CONSULTANT The following agreement RALPH STONE & CO. was approved, and its execu- APPROVED tion by Mayor and Clerk authorized, subject to approval by the City Attorney of the amount of the Consultant's liability to the City due to negligence, on the motion of Council- man Ward, seconded by Councilman Garthe, and carried 6:1, with Councilman Yamamoto dissenting: CONSULTANT FOR TRASH COLLECTION PROGRAM - and Ralph Stone and Company, Los Angeles. (Agenda Item 12 A) Between the City A-77-78 CITY COUNCIL MINUTES 249 JULY 18, 1977 AGREEMENT - MAN-IN-WASHINGTON Following Council discus- ADDITION OF FOUNTAIN VALLEY sion regarding an amend- NOT APPROVED ment to the agreement between the City, the Consortium Cities, and the City of Fountain Valley, to add the City of Fountain Valley as a participant in the Man-In-Washington Program, the following motions were made: The motion of Councilman Ward, seconded by Councilman Bricken, continue the existing program, with five member cities, failed to carry 3:4, with Councilmen Brandt, Garthe, Ortiz, and Mayor Evans voting NO. to Councilman Garthe's motion, seconded by Mayor Evans, to approve the six-city agreement, adding the City of Fountain Valley, was not voted upon; a substitute motion by Mayor Evans, seconded by Councilman Ortiz, to withdraw from the Consortium, carried 4:3, with Councilmen Garthe, Yamamoto and Bricken dis- senting. (Subsequent Council action for reconsideration of the agreement: See Minutes Page 264.) Prior to the motions, the City Manager stated that the addition of the new city (Fountain Valley) may require additional per- sonnel in the Man-In-Washington office; that the overall cost of the program would increase; that the cost of the program to member cities would decrease; that the program has been approved as a six-city consortium by each of the other participating cities except Anaheim; that Anaheim will act on the proposal tomorrow; and that Bill Morgan, the Man-In-Washington, is optimistic that his office will maintain the high level of professional service required by the consortium cities. (Agenda Item 12 C) A-77-56 AGREEMENT - CORBIN CENTER LEASE The following agreement NAACP - APPROVED 'was app~ged~the monthly rent was set at $50.60 per month, and execution of the agreement by Mayor and Clerk was authorized, on the motion of Councilman Ward, seconded by Councilman Garthe and carried 6:1, with Councilman Yamamoto dissenting: CORBIN CENTER LEASE One year renewal - Between City and the National Association for the Advancement of Colored People for use of office space by the NAACP. A-77-83 CA 131.6 READING WAIVED On the unanimously approved 7:0 motion of Councilman Ward, seconded by Council- man Brandt, Council waived full reading of all ordinances and resolutions, the titles of which appeared on the public Agenda, and consideration was given by title only. ORDINANCE NO. NS-1372 AN ORDINANCE OF THE CITY FUND FOR MUSEUM PURPOSES OF SANTA ANA ESTABLISH- ADOPTED ING A FUND TO BE USED FOR MUSEUM PURPOSES AND PROVIDING FOR THE DEPOSIT OF MONEY THEREIN AND EXPENDITURES OF MONEY THEREFROM was placed on second reading and adopted unanimously 7:0, on the motion of Councilman Ward, seconded by Councilman Brandt. CA 8S CA 65 CITY COUNCIL MINUTES 250 JULY 18, 1977 RESOLUTION NO. 77-69 A RESOLUTION OF THE CITY HONORING MAURICE GLADMAN COUNCIL OF THE CITY OF ADOPTED SANTA ANA HONORING MAURICE GLADMAN UPON HIS ELECTION TO PRESIDENT OF KIWANIS INTERNATIONAL was unanimously ?:0 adopted on the motion of Councilman Bricken, seconded by Council- man Yamamoto. CA ?3B RESOLUTION NO. 77-?0 A RESOLUTION OF THE CITY MAJOR DIVERSION PROGRAM COUNCIL OF THE CITY OF ADOPTED SANTA ANA RESCINDING THAT CERTAIN AGREEMENT ENTITLED MAJOR DIVERSION PROGRAM BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE was adopted on the unanimously carried ?:0 motion of Councilman Brandt, seconded by Councilman Ward. A-??-S7 RESOLUTION NO. ??-?2 A RESOLUTION OF THE CITY MINOR EXCEPTION 77-12 COUNCIL OF THE CITY OF ADOPTED SANTA ANA OVERRULING THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING MINOR EXCEPTION ??-12 was adopted on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 5:1, with Councilman Ortiz dissenting, and Mayor Evans abstaining because he was not present for the public hear- ing of Minor Exception 77-12 (to allow on-sale beer and wine in an existing restaurant located at 1007 C South Bristol Street). CA 13.5a RESOLUTION NO. ??-75 A RESOLUTION OF THE CITY QUITCLAIM FROM U.S.A. (FCC) COUNCIL OF THE CITY OF ADOPTED SANTA ANA ACCEPTING A QUITCLAIM DEED FROM THE UNITED STATES OF AMERICA PURSUANT TO APPLICATION DATED NOVEMBER 19, 1978 (accepting surplus federal property, Federal Communications Commission Monitoring Station, to be used for park and recreation purposes) was unanimously adopted ?:0, on Councilman Brandt's motion, seconded by Councilman Garthe. CA 158 CITY OF ANAHEIM RESOLUTIONS Resolution No. 77R-424 NO. ??R-424 & ??R-425 of the City of Anaheim REFERRED - RECEIVED & FILED urging Orange County cities to support the enactment of State legislation that would require proof of finan- cial responsibility prior to the issuance of a driver's license was endorsed and referred to Staff to prepare a similar resolu- tion for adoption by the Orange County League of Cities, on the unanimously approved motion 7:0 of Councilman Bricken, seconded by Councilman Brandt. Resolution No. 77R-425 of the City of Anaheim requesting Orange County cities to adopt resolutions urging the Department of Motor Vehicles to strictly enforce the provisions of the California Vehicle Code Section 12-805 (F) requiring that the Department refuse a driver's license to any person who is unable to read the simple English used in highway traffic and directional signs, was received and filed on the unanimously approved 7:0 motion of Councilman Bricken, seconded by Councilman Ward. CA 57 CITY COUNCIL MINUTES 25 1 JULY 18, 1977 RESOLUTION 77-74 - PRENTICE PARK ZOO A RESOLUTION OF THE CITY ADMISSION CHARGE WAIVED COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION NO. 77-S3 WAIVING ADMISSION CHARGES TO PRENTICE PARK ZOO FOR THE HANDICAPPED was adopted on the unanimously approved motion 7:0 of Councilman Garthe, seconded by Councilman Bricken. Staff had prepared the Resolution in response to a letter dated June 16, 1977 from Nancy North, Recreation Leader, Psychiatry, University of California, Irvine, requesting free admittance for patients and staff. The Resolution waives admission charges for physically, mentally or emotionally handicapped persons. CA 65 CA 52.3 GARDEN GROVE SANITARY DISTRICT The letter dated July 7, RESOLUTION NO. 2979 - TRANSFER 1977 and Resolution No. STATIONS & LANDFILLS - REFERRED 2979 from the Garden Grove Sanitary District, requesting the City Council to adopt a similar resolution urging the Orange County Board of Supervisors to authorize purchase of and budget for equipment urgently needed at transfer stations and landfills was referred to Staff on the unanimously approved motion 7:0 of Councilman Ward, seconded by Councilman Garthe. CA 39 ENERGY RESEARCH & DEVELOPMENT The letter dated July 1, CITY' OF CYPRESS COMMUNICATION 1977 from the City of RECEIVED & FILED Cypress, requesting Council support in opposing the involvement of the Southern California Association of Govern- ments (SCAG) in the Energy Research and Development Administration Program was received and Council declined to support the Cypress position on motion of Councilman Ward, seconded by Councilman Brandt, and carried 5:2, with Councilmen Garthe and Bricken dis- senting. A prior motion by Councilman Ward, seconded by Councilman Garthe, to receive and file the communication was withdrawn in favor of the substitute motion. CA 141 PROPOSED CHARTER REVISIONS The Charter Review Commit- SPECIAL ELECTION JUNE 6, 1978 tee proposed amendments APPROVED to Sections 402 and 1004 of the City Charter were eliminated; the proposed amendment to Section 421 was modified, and the City Attorney was instructed to re-draft it to eliminate the reference to the amount a general law city of the State may legally expend for a public project without the formal bidding procedure and to provide for an increase from $2,000 to $5,000 for which Council may authorize the City Manager to bind the City subject to informal bidding procedure; and all other proposed amendments (42) were tentatively approved for placement on an election ballot, subject to later review by a firm to be selected by Council, that has experience in grouping together Charter amendments for effective presentation on the ballot, as well as providing "educational information" to the public about the amendments, on Councilman Ward's motion, seconded by Councilman Yamamoto, and carried 6:1, with Councilman Garthe dissenting. A Special Municipal Election to be consolidated with the State- wide Primary Election on June 6, 1978, was approved for the pur- pose of submitting the proposed Charter Amendments to the voters, on the unanimously approved 7:0 motion of Councilman Ward, seconded by Councilman Bricken. CITY COUNCIL MINUTES 252 JULY 18, 1977 Prior to the motions, Mr. James Harker, Attorney representing the Santa ;ma City Employees Association, and Mr. Charles Goldwasser, Attorney with the firm of Silver and Wells, representing the Police and Fire Benevolent Associations, addressed the Council. Mr. Harker stated that the Association is on record as opposing the vast majority of the Charter changes proposed, to the extent that they decrease or modify what are considered to be favorable terms and conditions of employment; and that in his opinion any changes in terms of employment would violate the City's Memorandum of Understanding with the Employees Association. Mr. Goldwasser referred to letters dated December 13 and 20, 1976 from his firm, opposing 13 or 14 of the Charter Amendments, and he requested Council to recognize the Associations' objections and opposition. CA 68 CA 129 AGENDA ORDER The report of potential USE OF UNBUDGETED REVENUES options for use of unbud- geted revenues was con- tinued until the last item of the afternoon Agenda by unanimous informal agreement. CITY OF TUSTIN - CONTRACTUAL The letter dated July 7, FIRE SERVICE 1977 from the City of NEGOTIATIONS AUTHORIZED Tustin, inviting the City of Santa Aha to submit a bid to provide contractual fire service for the City of Tustin was referred to Staff and negotiations for such contract were authorized on the unanimously approved motion 7:0 of Councilman Bricken, seconded by Councilman Brandt. CA 64 STATUS REPORT - VANDALISM OF The status report dated HOUSES ON HESPERIAN STREET July 8, 1977, prepared RECEIVED & FILED by the Director of Build- ing Safety, Wendell S. Bril, was received and filed on the unanimously approved 7:0 motion of Councilman Garthe, seconded by Councilman Brandt. Staff reported satisfaction with progress of rehabilitation at 818 and 902 South Hesperian; and that an injunction had been filed against the owner of the property at 723 South Hesperian for abatement of a public nuisance. CA 87 RESURVEY OF RESIDENTS The report dated July 11, THORNTON PARK RESIDENTS 1977, prepared by DireC- RECEIVED & FILED tor of Recreation and Parks Robert E. Gresham, of the results of the resurvey of homeowners in the area of Thorn- ton Park regarding the development of Thornton Park Lake, was received and filed on the unanimously approved 7:0 motion of Councilman Garthe, seconded by Councilman Brandt. Staff reported that 115 or 55.55% of the residents favored construction of a 2-acre lake, and that 92 or 44.45% were opposed; and that a total of 1,960 questionnaires were delivered, and 207 were returned. CA 52 APPROPRIATION ADJUSTMENT #3 Acting on the recommenda- FIREFIGHTERS I HIRING PROGRAM tion contained in the APPROVED report dated July 12, 1977 prepared by Fire Chief B. J. Thompson, the following motion by Councilman Brandt, seconded Councilman Garthe, was unanimously carried 7:0: Council authorized a temporary increase of personnel for up to 12 months to allow for the addition of 10 bilingual Firefighter I positions; and CITY COUNCIL MINUTES 253 JULY 18, 1977 Council authorized the intra-departmental Transfer of Funds from overtime to the salary account to provide funds for 10 additional bilingual Firefighter I per- sonnel as set forth in Appropriation Adjustment No. 3. CA 65.3 TAMAS & ASSOCIATES CONTRACT The contract with Tamas FIRE DEPT. COMPUTER PROGRAM & Associates, Inc. for APPROVED Computer Programming Services for the Fire Department was extended for three months from April 26, 1977 through July 31, 1977, on the unanimously approved motion 7:0 of Councilman Brandt, seconded by Councilman Bricken, as recom- mended in the Fire Chief's report dated July 12, 1977. A-77-85 ASSEMBLY BILL 1257 - TAPING OF Acting on the Staff TELEPHONE CALLS recommendation contained OPPOSITION AUTHORIZED in the report dated July 13, 1977 prepared by Police Chief Raymond C. Davis, Council authorized the Mayor to take a position in opposition to Assembly Bill 1257 unless there is an exemption for both Police and Fire Departments in the maintenance of emergency communications systems; on the unanimously approved 7:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 57 PARTICIPATION BY HRC IN The City Council approved SCHOOL DISTRICT ADVISORY BOARD the request of the Human APPROVED Relations Commission, transmitted in the report dated July 6, 1977, prepared by Director of Community Relations Peter Grams~ to participate in, and appoint a delegate to, the Santa Ana Unified School District Advisory Board called ESAA (Emergency School Aid Act), on the motion of Councilman Ward, seconded by Councilman Yamamoto, and carried 6:1, with Councilman Garthe dissenting. Mr. Grams reported that Mrs. Mildred Cobb has been selected as the delegate pending Council approval. CA 131.2 CA 38 WATER CONSERVATION PROGRAM The status report on the STATUS REPORT Water Conservation Program RECEIVED & FILED dated July 13, 1977, pre- pared by Director of Public Works John. Stevens, was received and filed on the unani- mously approved 7:0 motion of Councilman Ward, seconded by Councilman Brandt. Mr. Stevens reported that from the period April 1 through July 10, the actual total reduction in water used is 14.8% of that used during the same period in 1976. CA 12 BOWERS MUSEUM Acting on the Staff recom- INSURANCE POLICIES RENEWAL mendation contained in the AUTHORIZED report dated July 11, 1977 prepared by the Risk Manager A1 Houck, Council approved and authorized the payment of $4,727.30 to Fred S. James and Company, as brokers for Great American Insurance Co., Monarch Insurance Co., and Pacific Insurance, as the combined insurers of $2,000,000 of values in objects of art, antiques, collections of historical articles and/or articles of Natural History contained within the Museum, subject to the approval of the City Attorney, on the unanimously approved motion 7:0 of Councilman Garthe, seconded by Councilman Brandt. CA 88.20 CITY COUNCIL MINUTES 254 JULY 18, !977 APPROPRIATION ADJUSTMENT NO. 2 Appropriation Adjustment SUMMER YOUTH PROGRAM No. 2, to establish APPROVED appropriate accounts to receive and disburse $15,300 in County Revenue Sharing Funds for the operation of a Summer Youth Program for non-economically disadvantaged youth, was approved on the unanimously carried motion 7:0 of Councilman Ward, seconded by Councilman Brandt. CA 65.3 ORAL COWMUNICATION Councilman Brandt reported STATE TRANSPORTATION BOARD MEETING that the California State CITY HOSPITALITY EXTENDED Transportation Board has accepted the Mayor's invitation to hold its Workshop and regular Board meeting in the City Council Chambers on August 31 and September 1, 1977, respectively, Council concurred with his suggestion that the City extend its hospitality to the Board by hosting a reception at Bowers Museum for Board members, their staff and invited guests. CA 113.5 RECESS At 3:35 P.M. Mayor Evans declared a recess; Council reconvened at 3:41 P.M. with all Councilmen present. ORAL COMMUNICATION BOARDS & COMMISSIONS APPOINTMENTS the following appointments were made: Councilman Ward reported the recommendations of the Council Board and Commission Appointment Committee, and On the motion of Councilman Ward, seconded by Councilman Bricken, and carried 6:1, with Councilman Brandt dissenting, Mr. John Hoy was recommended for appointment to the Bowers Museum Board to fill the unexpired term (ending June 30, 1978) of Merle Larson, subject to affirmation by the Council on August 1, 1977. CA 85.2 On the unanimously carried motion 7:0 of Councilman Ward, seconded by Councilman Bricken, Mr. Irvin T. Lathrop was recommended for appointment to the Library Board, replacing Harold Jenkins, for a term ending June 30, 1981, subject to affirmation by the Council on August 1, 1977. CA 56.1 On the unanimously carried motion 7:0 of Councilman Ward, seconded by Mayor Evans, Mr. Richard J. Politiski was recommended for appoint- ment to the Personnel Board to fill the unexpired term (ending June 30, 1981) of Thomas Griffiths, subject to affirmation by the Council on August 1, 1977. CA 50.8 On the unanimously carried motion 7:0 of Councilman Ward, seconded by Councilman Bricken, Mr. Richard Vogl was recommended for appointment to the Orange County Vector Control District, replac- ing Mr. Wilfred Obarr, for a term ending June 30, 1979, subject to affirmation by the Council on August 1, 1977. CA 54 Councilman Ward instructed the Clerk of the Council to schedule 15-minute appointments for Saturday,.September 10, 1977, commenc- ing at 9:00 A.M. for interviewing the following applicants for appointment to the Planning Commission, to fill the unexpired term (ending June 30, 1981) of Sealy Yates: Eugene M. Flores Isabel Reed A. Warren Lucio Donald L. Welch Marion Monknic H.G. Gross CA 78. lA CITY COUNCIL MINUTES 255 JULY 18, 1977 Councilman Ward suggested that the Councilmen who do not serve on the Council Committee might also reserve that Saturday morning to interview the candidates independently of the Council Committee. Interviews will be held in Room 831, City Hall. On motion of Councilman Ward, seconded by Councilman Garthe, and carried 6:1, with Mayor Evans dissenting, Mr. Bus McKnight was appointed to the Board of Recreation and Parks, replacing Donald Bass as the representative of the Santa Ana Unified School Dis- trict, for a term ending June 50, 1981. CA 52.2 On the motion of Councilman Ward, seconded by Councilman Bricken, and unanimously carried 7:0, Mr, Albert D. Salgado was recommended for appointment to the Board of Recreation and Parks to fill the unexpired term [ending June 30, 1981) of Mr. Michael Leversen, sub- ject to affirmation by the Council on August 1, 1977. CA 52.2 On motion of Councilman Ward, seconded by Councilman Bricken, and unanimously carried 7:0, Mr. Billy Greenberg was recommended for appointment to the Redevelopment Project Area Committee, for a term expiring June 50, 1978, subject to affirmation by Council on August 1, 1977. CA 82.5 On motion of Councilman Ward, seconded by Councilman Bricken, and unanimously carried 7:0, Mr. Victor C. Alleman and Mr. Perry Parker were reappointed as delegate and alternate, respectively, to the Orange County Health Planning Council. CA 112.7 COUNCILMAN DAVID BRANDT Councilman David Brandt APPOINTED MAYOR PRO,TEM was appointed Mayor Pro Tem for August 51, and September 1, 1977, for the California State Transportation Board meetings in Santa Aha, on the unanimously approved 7:0 motion of Councilman Garthe, seconded by Councilman Ward. CA 80 UNBUDGETED REVENUES Council discussed the ALLOCATED various options for the use of $2,180,000 in un- budgeted revenues that were described in Jed Christensen's report dated July 11, 1977, after City Manager Bruce Spragg reviewed the options orally and advised that two ordinances and one resolution had been prepared, except for the amounts, to fix the tax rate for fiscal year 1977-78; to fix the amount of revenue from property taxes and to reduce the maximum amount payable under the Utility Users Tax. Council discussed reducing the property tax rate, reducing the maximum amount payable on the Utility Users Tax, increasing the contingency fund, and funding some of the unfunded capital projects, and their various combinations. Mr. Tom McMichael, speaking for the Chamber of Commerce and the East Orange County Board of Realtors, re-stated their position, to return one-half of the surplus to the taxpayer by way of a reduction in property taxes, and to reduce the maximum payable under the Utility Users Tax from $5,500 to $5,000. Councilman Bricken's motion, seconded by Mayor Evans (1) to return one-half of the total surplus revenues to the taxpayer through a property tax reduction; (2) to reduce the Utility Use~Tax maximum to $5,000; (5) to allocate $4S0,000 to critically needed capital projects; and to place the remaining funds in the Council Contin- gency Account, failed to pass 2:5, with Councilmen Ward, Brandt, Garthe, Yamamoto and Ortiz voting against the motion. CITY COUNCIL MINUTES 256 JULY 18, 1977 Councilman Brandt's motion, seconded by Councilman Bricken, to reduce the property tax rate by 15¢ (134 + 24 already approved in the adopted 1977-78 budget); that is from $1.59 to $1.44 per $100 assessed valuation, carried unanimously 7:0. (The 1S4 tax reduction represents $1,125,000; 13¢ represents $975,000; 24 represents $150,000.) Councilman Brandt's motion, seconded by Councilman Garthe, to reduce the maximum amount payable under the Utility Users Tax from $3,500 to $3,000, carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting. (The reduction represents $50,000.) Councilman Brandt's motion, seconded by Councilman Ward, to allocate 60% of the $1,155,000 remaining funds to unfunded capital projects, and 40% to the Council Contingency account ($678,000 for unfunded Capital projects and $477,000 for the Council Contingency Account) carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting. Councilman Bricken's motion, seconded by Mayor Evans, to direct Staff to provide Council with a report and recommendations of un- funded capital projects for funding in an amount not to exceed $678,000, carried unanimously 7:0. Councilman Garthe's motion, seconded by Councilman Brandt, to instruct Staff to establish the budgetary appropriations and per- form the necessary budget adjustments to implement the actions taken by Council, carried unanimously 7:0. CA 65B RECESS Council recessed for an EXECUTIVE SESSION Executive Session at 4:40 P.M. to discuss personnel matters and pending liti- gation, on the unanimously approved 7:0 motion of Councilman Garthe, seconded by Councilman Ward. Council reconvened at 5:25 P.M. with all members present. FLOWER STREET - PUBLIC HEARING Mayor Evans announced that PROPERTY CONDEMNATION this was the time and place RESOLUTION 77-76 - ADOPTED scheduled for the hearing of the need and necessity to acquire, by condemnation, property known as 903 North Flower Street. The City Attorney reported that no hearing is necessary, since there has been no request to appear and be heard by any person who re- ceived notice pursuant to Civil Code of Procedures Section 1245.235. The City Council found that based on the evidence contained in the report prepared by Deputy City Attorney James L. Conkey, dated July 13, 1977, that the public interest and necessity require the proposed widening of Flower Street between Civic Center Drive and Seventeenth Street; that the Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and that the property sought to be acquired is necessary for the project and the following resolution was adopted on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried 5:2, with Councilman Ward and Mayor Evans dissenting: RESOLUTION NO. 77-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNA- TION OF CERTAIN REAL PROPERTY IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA AND DECLARING THE PUBLIC NECESSITY THEREFOR. CA 71 CITY COUNCIL MINUTES 257 JULY 18, 1977 RECESS 7:30 P.M. , Council recessed for dinner at La Villa Taxco (Bristol Street) at 5:35 P.M. and reconvened at with all Council members present. INVOCATION PLEDGE OF ALLEGIANCE Grand Avenue United Methodist Church. Following the Pledge of Allegiance to the Flag, the Invocation was given by Pastor Gary Beard, CA 80.17 SPECIAL RECOGNITION Councilman Harry Yamamoto CALIFORNIA FIRST BANK presented a special plaque MR. T. KITTAKA to Mr. T. Kittaka, Vice President and Manager of California First Bank, in appreciation for the Bank's gift of an aquarium to the Senior Citizens Center, accepted by the City Council on behalf of the City at its meeting of July 5, 1977. CA 73B CERTIFICATES OF APPRECIATION Councilman Ward presented FERN ZIMMERMAN & Certificates of Apprecia- SEALY YATES tion to Fern Zimmerman and to Sealy Yates, for service to the City as members of the Community Redevelopment Project Area Committee and the Planning Commission, respectively. CA 82.3 CA 78.1A FIRE PROTECTION MASTER PLAN Mayor Evans presented COMMITTEE RECOGNITION engraved City Emblem Tiles to the following members of the Fire Protection Master Plan Committee as the City's expression of gratitude for the many hours that went into the study and development of the Fire Protection Master Plan: Perry Babcock, Ed Black, Dr. Raymond Casciari, Betty Jo Elliott, Robert Gallant, Chairman, Fred Gillett, Mrs. Richard Keese on behalf of the Reverend Keese, Steven Kno- block, Bill Largent, Reverend A. L. Lewter, Ernest Norton, Sadie Reid, Phitlip Robertson, Charles Terry. Mayor Evans also recognized the following members who served on the Committee and were unable to be present: Lucy Diaz, Harold Jenkins, Richard Neill and Jean La Londe. CA 64.4 RECESS Mayor Evans declared a 15 minute recess for a recep~ tion in the Council Cham- ber Lobby in honor of the Fire Protection Master Plan Committee. The Council meeting reconvened at 8:10 P.M. with all members present. PUBLIC HEARING Mayor Evans announced that RESCUE MISSION RELOCATION Mrs. Lydia Morales, repre- senting the Santa Nita Neigh- bors, 601 N. Figueroa, had requested discussion of the proposed relocation of the Rescue Mis- sion from 214 North Sycamore to the Carpenters Union Hall, West Fifth Street near Harbor Boulevard, in the Santa Anita Community. The Executive Director of Community Redevelopment, Richard Goblirsch, reported that negotiations on behalf of the Community Redevelopment Agency to purchase the Sycamore property in order to sell it to CITY COUNCIL MINUTES 258 JULY 18, 1977 Mr. Stotsenberg, owner of the Santora Building, to be used for a parking lot in connection with downtown redevelopment were expected to be concluded within a few weeks; that the long delay was because of the difficulty in finding a suitable site for relocation of the Rescue Mission; that the Union Hall is suitable in that the zoning is proper; and that legally the Agency is not required to parti- cipate in relocation except for residential properties, however that there is a moral responsibility to assist in relocating the Mission. City Attorney Keith Gow reported that a mission is a permitted use in the C2 (General Commercial) District, and he summarized the analysis contained in his written opinion dated July 8, 1977, as the basis for that determination, although there is not a defin- itive classification for missions in the Municipal Code. Mayor Evans opened the public hearing and invited those in favor of the relocation to comment. The following persons spoke in favor of the relocation of the Mission: Billy C. Hall, Executive Director of the City Center Associa- tion Rob Martin, employee of the Mission, 283 Bowling Green, Costa Mesa Reverend Lewis Whitehead, Director of the Mission, 1422 West Raymar Richard D. Timboe, Member of the Mission Board of Directors, 1018 N. Eastside Ron Witherspoon, 810 South Sullivan Terry Betz, 214 N. Sycamore Roger Moby, 11752 Percheron, Garden Grove Gilbert Morales, 214 N. Sycamore The proponents stated that the Mission should not be in the down- town area, that the Mission helps many people with a variety of ~roblems; that the Mission has been successful in rehabilitatin~ many of these ~eo~le so that they have become assets to the community; that it will serve the City better if it is on the "outskirts"; that the Mission offers a program for youth counseling; and that it is performing a service that is needed in the com- munity in a positive manner; and that larger facilities are needed for women and children and others who have nowhere else to turn for help and guidance. The following persons spoke in opposition to the Mission relocation: Lydia Morales, 601 N. Figueroa Irene Araujo, 402 S. Gunther Frank Maldonado, 201 S. Gunther Jose Lopez, 614 N. Bewley St. Ruby Epps, 626 N. Jackson Bill Hime, 4602 E1 Don Place The opponents stated that there is tremendous opposition to the pro- posed relocation; that the residents have been working hard, with City Staff, to improve their community and the relocation would be detrimental to that improvement, and to community morale; that the Mission would not benefit and would not be utilized by the com- munity; that it would create problems for the community, particu- larly the children; that there is a need for the Rescue Center, but another location must be found; that the community requests Council to act tonight to guarantee that the Rescue Mission will not be moved to Santa Anita to insure its continued improvement. CITY COUNCIL MINUTES 259 JULY 18, 1977 A petition opposing the relocation of the Rescue Mission to the Carpenters Hall in Santa Anita, with approximately 851 signatures, presented by Lydia Morales, was received and filed on the unani- mously carried 7:0 motion of Councilman Garthe, seconded by Coun- cilman Yamamoto. Council discussed their philosophical opinions regarding the relocation of the Mission. Two motions proposed by Councilman Yamamoto, one to support the opposition of the community and instruct Staff to stop the reloca- tion of the Rescue Mission to the Santa Nita Community and to study further, if need be, a future location for the Rescue Mission; and another, to support the Community of Santa Nita and instruct Staff to stop the relocation of the Mission to West Fifth Street, died for lack of seconds. Councilman Bricken's motion, seconded by Councilman Ward, to instruct the Staff of the Community Redevelopment Agency to immediately meet with the Staff of the Mission to examine the alternatives to relocation as presently proposed, and to come back to Council with a suitable plan for such relocation, includ- ing whatever modifications are necessary, to make the move more presentable to the community, failed to carry on a 3:4 vote. Councilmen Brandt, Garthe, Yamamoto, and Ortiz voted against the motion, with Councilmen Ward, Bricken and Mayor Evans voting in favor. Councilman Ortiz' motion to adopt an emergency ordinance to impose a moratorium on mission uses in the C1 and C2 zones until the matter is resolved died for lack of a second. Councilman Brandt's motion to decline to take any action, seconded by Councilman Garthe, failed to carry on a 3:4 vote. Councilmen Yama- moto, Ortiz, Bricken and Mayor Evans voted against the motion, with Councilmen Ward, Brandt and Garthe voting in favor. RECESS Council declared a recess at 9:55 P.M., and recon- vened at 10:05 P.M., with all Councilmen present. RESCUE MISSION HEARING Councilman Bricken's motion, (Continued) seconded by Councilman Ward, NEGOTIATIONS SUSPENDED to suspend negotiations STAFF DIRECTED with the Mission for one week and, in that period of time, to meet with the Mission representatives to devise a suitable plan for relocation, to be reported to Council on July 26, carried, with Councilmen Brandt and Yamamoto dissenting. CA 82.6 PUBLIC HEARING WATER RATES & FEES RESOLUTIONS 77-77, INCREASED 78, 79 ADOPTED water rates and water main and service to be effective August 1, 1977. Mayor Evans announced that this was the time and place to consider proposed increases in installation fees, all The Director of Public Works, John Stevens, summarized his report dated June 29, 1977, advising that the Water Rate Study for 1977- 78 indicates a need for an average 13% increase in water rates to raise an additional $410,635 in revenues. He also stated that the increase would cost the average homeowner 70¢ more per month; and that a reduction in the lifeline rate, for those who use 1,000 cubic feet or less during the two-month billing cycle, from $2.70 to $2.00 per month is also recommended. CITY COUNCIL MINUTES 260 JULY 18, 1977 Further, the Director stated that 13% increase would create a capital acquisition fund of approximately $300,000 which could be used to assist in the proposed purchase of a portion of the Garden Grove system serving an area of Santa Ana. Mayor Evans opened the public hearing. There were no proponents who requested to be heard. Opponent, Mrs; Ruby Jarvis, 1500 E. Warren, stated that she was speaking on behalf of average and below-average income residents and within that group, particularly for the senior citizens and the mobile homeowner. Mrs. Jarvis stated that there are 34 mobile home parks in Santa Ana and that many of those people residing in mobile home parks, living on restricted incomes would find it difficult to pay an additional 70¢ per month for their water; that mobile home park owners will use the rate increase as a reason to increase their rents as much as $50; and that the residents have responded to the City's request for conserva- tion and should not be penalized by a rate increase; that the City and State are facing a water.crisis and that is not the proper time to make acquisitions. Council also received a letter from Marie Ware Mayer, owner of rental property, protesting the proposed increase in rates. There were no other communications, proponents or opponents, and the Mayor closed the public hearing. Councilman Brandt's motion to adopt the following resolution was seconded by Councilman Garthe and carried unanimously 7:0: RESOLUTION NO. 77-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING CHARGES FOR THE INSTALLATION OF NEW WATER MAINS AND FRONT FOOTAGE CHARGES FOR CONNECTION TO EXIST- ING WATER MAINS FOR WHICH NO PAYMENT HAS PREVIOUSLY BEEN MADE AND REPEALING RESOLUTION NO. 76-107. Councilman Brandt's motion, seconded by Councilman Bricken, to adopt the following resolution was carried unanimously 7:0: RESOLUTION NO. 77-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING CHARGES FOR WATER SERVICE INSTALLATION AND REPEALING RESOLUTION NO. 76-108. The following resolution was adopted on the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Bricken: RESOLUTION NO. 77-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING WATER RATES AND STAND-BY SERVICE CHARGES AND REPEALING RESOLUTION NO. 76-109. CA 12.2 PUBLIC HEARING Mayor Evans stated that RESIDENTIAL TRASH RATES INCREASED this was the time and RESOLUTION 77-73 - ADOPTED place to consider proposed increases in residential refuse collection rates, to be effective August 1, 1977. City Manager Bruce Spragg summarized the report dated June 22, 1977, prepared by Dennis Yata. Mr. Spragg stated that the residen- tial refuse collection operation is self-supporting; that an 8% increase is now necessary to maintain it on that basis; and that an increase from $2.20 to $2.38 per month for a single family resi~ dence is being proposed. There were no proponents or opponents who responded to the Mayor's invitation to comment, and no written communications. Mayor Evans closed the public hearing. CITY COUNCIL MINUTES 261 JULY 18, 1977 Councilman Garthe's motion, seconded by Councilman Ward, to adopt the following resolution carried 6:1, with Mayor Evans dissenting: RESOLUTION NO. 77-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION 76-66 AND ESTABLISH- ING REVISED SCHEDULE OF RATES FOR REFUSE COLLECTION EFFECTIVE AUGUST 1, 1977. CA 11.4 PUBLIC HEARING - EX 77-14 Mayor Evans announced that 1451 W. 17TH STREET this was the time and place DENIED for the public hearing of Notice of Exemption and Minor Exception 77-14, filed by Allison Honer Company, to allow on sale beer and wine in an existing restaurant in a shopping center which is located within 300 feet of residences in the C2 District at 1451 West Seventeenth Street. Director of Planning Charles Zimmerman stated that the Minor Excep- tion was approved by the Zoning Administrator on June 23, 1977 and was set for public hearing by action of the City Council on July 5, 1977. Mr. Zimmerman further stated that location is a bona fide restaurant as defined by the Department of Alcoholic Beverage Control; that the Zoning Administrator's approval is consistent with Council's policy; and there was no opposition presented during the Zoning Administrator's hearing. Proponent, Mr. Patrick J. Hilton, 250 West Glassell, Orange, stated that he operates the restaurant; that no alcoholic beverages will be sold until after 11:00 A.M., and the restaurant closes at 8:00 P.M. There were no other proponents or opponents, and no written com- munications; Mayor Evans closed the public hearing. Councilman Ward's motion, seconded by Councilman Bricken, to approve and file the Notice of Exemption and to direct the City Attorney to prepare a resolution denying Minor Exception 77-14, overruling the decision of the Zoning Administrator to approve the Minor Exception, carried 4:3, with Councilmen Brandt, Garthe and Ortiz dissenting. CA 13.5A PUBLIC HEARING - CUP 77-8 The Mayor announced that DAY-CARE CENTER, 1817 W. 3RD this was the time and place APPROVED for the public hearing for consideration of the Negative Declaration and Conditional Use Permit No. 77-8, approved by the Planning Commission on June 13, 1977 to allow a day-care center in an existing church facility in the R2 District at 1817- 1825 West Third Street. Planning Director Charles C. Zimmerman summarized the information contained in the Planning Commission Finding of Fact and the Minutes of the Planning Commission meeting held on June 13, stating that a petition containing 40 signatures had been received by the Planning Commission in opposition to the day care center from residents of the area. He further stated that the opposition appeared to be directed toward the church itself more than toward the proposed day care center; and that the proposed use will comply with ordinance re- quirements, and will not be detrimental to the community or sur- rounding uses. In response to the Mayor's request for comments from proponents of the proposed day care center, Reverend A. L. Lewter, Pastor of the First Mission Baptist Church, 1817 W. Third Street, spoke in favor of the Conditional Use Permit. He stated that the neighborhood CITY COUNCIL MINUTES 262 JULY 18, 1977 opposition seems to be a result of the growth of the church and the impact of this growth on neighborhood traffic; that he prays the church will continue to grow; that the church is making an effort to alleviate the problems and be a good neighbor; and that he hoped Council would approve the day-care center. Ruth Martinez, 1814 West Third Street, spoke in opposition to the center. She stated that she resides and represents the residents in the immediate vicinity; that the day-care center will in no way contribute to the general well-being of the residents; that none of the residents in the area need the center services or will bene- fit from them; that it will be detrimental to the community because of the increase in traffic which creates a hazard and risk to the neighborhood children; that the street is narrow and unsuitable for on-street parking, and the church parking is inadequate; that day sleepers will be inconvenienced by the noise; that there is already an adequate day-care center in the immediate vicinity (Franklin School); that the residents do not want or require a day- care center; and that they urge rejection of the proposal. In rebuttal, Rev. Lewter stated that the traffic problems are experienced on Sundays; that the church parishioners are not causing the problems; that the church wants to work with the neighbors to find solutions to these problems; and that there adequate parking for the day-care center program. is There were no other speakers; the Clerk reported there were no new written communications; and the Mayor closed the public hearing. During the Council discussion which followed, Councilmen generally agreed that it will be desirable for the church and the residents of the area to work together to rectify traffic and parking prob- lems; and that Council is sympathetic to both sides. Councilman Ward's motion, seconded by Councilman Bricken, to approve and file the Negative Declaration; to approve Conditional Use Per- mit No. 77-8, affirming the decision of the Planning Commission; to instruct Staff to monitor the parking and traffic activity in the neighborhood for one year, and to report the results to Council in August, 1978; and to instruct the City Attorney to prepare the appropriate resolution; carried on a 6:1 vote, with Councilman Yamamoto dissenting. CA 13.4A PUBLIC HEARING - APPEAL NO. 380 Mayor Evans announced VA 77-24 - 2101 W. EDINGER that this was the time REFERRED and place for the public hearing on Appeal No. 380, filed by Hal Davis, of the Planning Commission denial of his Variance Application No. 77-11, to allow a twelve-unit apartment complex at 2101 W. Edinger Avenue in the Ri District. Planning Director Charles Zimmerman stated that the Planning Commission had denied the Variance because the proposed twelve units, with a minimum of 17% open space, is more than the land can absorb; that Staff could support the conversion if four units were deleted. Proponent-Applicant Mr. Hal Davis stated that he is the owner of the property; that the developer withdrew after the Planning Commission decision; that the property, originally a medical center, has been vacant for four years; that he would now like to convert the building to apartments and he requested Council to refer the Application back to the Planning Commission to consider a revised building plan. There were no other proponents or opponents and no written com- munications, and Mayor Evans closed the public hearing. CITY COUNCIL MINUTES 263 JULY 18, 1977 Councilman Garthe's motion, seconded by Councilman Ward, to refer the Variance Application back to the Planning Commission, as requested by the Applicant, carried unanimously 7:0. CA 13.3 AGREEMENT - MAN-IN-WASHINGTON Councilman Ward's motion, RECONSIDERED - APPROVED seconded by Mayor Evans, to reconsider the Coun- cil's afternoon action to withdraw from the Man-In-Washington Program, was unanimously approved 7:0. Councilman Bricken's motion, seconded by Councilman Garthe, to approve the Man~In-Washington Program contract, for fiscal year 1977-78, adding, the City of Fountain Valley as a participant, and to authorize the Mayor and Clerk to execute the agreement, carried 5:2, with Councilmen Ortiz and Ward dissenting. The six cities participating in the Program are Anaheim, Costa Mesa, Fountain Valley, Eullerton, Garden Grove and Santa Ana. A-77-56 ORDINANCE NS-1376 AN ORDINANCE OF THE CITY FIXING TAX RATE AT $1.44 OF SANTA ANA FIXING THE FIRST READING RATE OF, AND LEVYING, TAXES ON ALL TAXABLE PROPERTY IN THE CITY FOR ALL MUNICIPAL PURPOSES, BEGINNING JULY 1, 1977 AND ENDING JUNE 30, 1978 was placed on first reading on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Bran~t. CA 65B ORDINANCE NS-1375 AN ORDINANCE OF THE CITY UTILITY USERS TAX MAXIMUM OF SANTA ANA AMENDING SEC- FIRST READING TION 35-167 OF THE SANTA ANA MUNICIPAL CODE TO REDUCE TO $3,000 THE MAXIMUM AMOUNT PAYABLE UNDER THE UTILITY USERS TAX was placed on first reading on motion of Councilman Brandt, seconded~by Councilman Ortiz, and carried 5:2, with Coun- cilman Yamamoto and Mayor Evans dissenting. CA 65B RESOLUTION NO. 77-71 A RESOLUTION OF THE CITY $11,446,250 PROPERTY TAX REVENUE COUNCIL OF THE CITY OF ADOPTED SANTA ANA FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES FOR FISCAL YEAR 1977-78 NEEDED FOR GENERAL MUNICI- PAL PURPOSES was adopted on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Garthe. CA 65B ORAL COMMUNICATION Councilman Ortiz and Mayor COUNCIL MEETING ABSENCES Evans were excused from APPROVED attending the July 26 Council meeting due to their anticipated absences from the City, on the unanimously approved 7:0 motion of Councilman Bricken, seconded by Council- man Yamamoto. CA 80 ADJOURNMENT seconded by Councilman Garthe. CITY COUNCIL MINUTES The meeting was adjourned at 11:22 P.M., on the unanimously approved 7:0 motion of Councilman Ward, I~.OR~NCI: I. MALONE FL~M~ENCE I. MALONE CLERK OF THE COUNCIL .264 JULY 18, 1977