HomeMy WebLinkAbout08-01-1977MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
August 1, 1977
Mayor Vernon S. Evans called the meeting to order at 2:05 P.M.
in the City Council Chambers, 22 Civic Center Plaza. Members of
Council present were: Gordon Bricken, Harry K. Yamamoto, David
L. Brandt, James E. Ward, and Mayor Evans. Councilmen David F.
Ortiz and John Garthe were absent. Also present were the follow-
ing 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. Zimmer-
man, and Clerk of the Council Florence I. Malone.
PLEDGE OF ALLEGIANCE
INVOCATION
Councilman James E. Ward
gave the Invocation, follow-
ing the Pledge of Allegiance
to the Flag.
CONSENT CALENDAR
ITEMS REMOVED & ADDED
DISSENTING VOTES
through 4 F, inclusive,
SPEC 77-041 - 3 Trucks
Councilman Ward requested
removal of Item 12 B from
the Consent Calendar; Mayor
Evans removed Items 4 A
and items 5, 13 A, and 13 B. Item 2 C,
and SPEC 77-042 1 Brush Chipper, was
added upon the request of Staff; and Staff requested removal of
Items 7 C and 12 C. Councilman Yamamoto registered a NO vote
on Item 3 C.
CONSENT CALENDAR On the unanimously approved
STAFF RECOMMENDATIONS 5:0 motion of Councilman
APPROVED Ward, seconded by Councilman
Yamamoto, Council approved
the recommendations of Staff on the following Consent Calendar Items:
BID CALLS
Approved plans and specifications
and authorized advertisement for
bids on the following:
SPEC 77-033 - Pruning trees.
SPEC 77-034 - One bookmobile.
SPEC 77-041 - Three Trucks (CETA Title VI Crews); and
SPEC 77-042 - One Brush Chipper' (CETA Title VI Crew).
(Agenda Item 2 C) CA 89
BID AWARDS
Awarded the following on basis of
lowest responsible and best bidder:
PROJECT 1401 - Street closure at Elm and Bristol Streets, &
PROJECT 1402 - Street closure at Mortimer Street and Civic
Center Drive; awarded to Certified General Engineering
Contractors Incorporated, Orange, in the total amount of
$14,105.00.
CITY COUNCIL MINUTES
269
AUGUST 1, 1977
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
PROJECT 6127 Replacement of sanitary sewer at Prentice
Park Zoo; awarded to Hydraulic Underground Const. Co.,
Fountain Valley, in the total amount of $6,458.00.
SPEC 77-022 24-month lease with purchase option for
one 10' x 42' trailer for Prentice Park Zoo Animal
Hospital; awarded to Space LeasinB Co., Inc., Pomona,
in the total amount of $5,380.00. Councilman Yamamoto
registered a NO vote. (Agenda Item 3 C) CA 89
DEEDS WITH CASH Approved the following deeds
GRANTEE CITY and authorized the Mayor to
sign all necessary documents
in connection with the purchases:
CALFIVE INVESTMENT CO. Northeast corner Flower and
Tenth for street and vehicular access.
MOSSMAN, LEO ROBERT & MAE GRACE - West Side of Flower
Street north of Tenth for street and vehicular access.
SWANSON, HUBERT C. & SHARON D. - Northwest corner Civic
Center Drive and Flower Street for street and vehicular
access.
POTTER, RAYMOND J. - West side of Flower north of Civic
Center Drive for street and vehicular access.
HORTON, CALLIE E. AND MC COLLUM, ROBERT F. - East side
of Flower Street north of Civic Center Drive for street
and vehicular access. CA 155
DEED NO CASH
GRANTOR CITY
Authorized execution of the
following deed by Mayor and
Clerk:
CLAYTON, HAROLD & NORMA & SCHMID, LEWIS R. AND JUDITH -
Northwest corner of 17th and Mabury Street for vehicular
access. CA 155
TENTATIVE PARCEL & Approved and filed the Negative
TRACT bIAPS Declarations, approved the follow-
ing maps subject to conditions
contained in Planning Director's reports, and waived alley
requirements on Parcel Map No. 1008:
PARCEL MAP NO. 1008 - Filed on June 10, 1977 by Larry
Turner creating one RiB and one C1 parcel; proposed parcel
one is to be used for commercial use, and proposed parcel
two is to be Single Family Residential uses; generally
located on the north side of First Street, 235 feet east
of Cooper Street.
PARCEL MAP NO. 1010 Filed on June 16, 1977 by Calmach
Company creating two LM parcels; both proposed parcels to
be used for industrial uses; generally located on the
east side of Newport Freeway, north of Pullman. CA 25
TRACT MAP NO. 9842 - Filed on July 15, 1977 by Gerald F.
Goeden creating 16 RI lots; all proposed lots to be used
for Single Family Residences; generally located on the west
side of Euclid Street, 659' north of Edinger Avenue.
CA 24
CITY COUNCIL MINUTES
270 AUGUST 1, 1977
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
FINAL TRACT MAPS Approved the following final
maps, accepted the dedications
thereon, and the bonds in the
amounts set, and authorized execution of the subdivision
agreements:
MAP NO. 9409 - Northwest corner of Grand Avenue and
21st Street; 20 lots.
MAP NO. 9779 - East of Sullivan Street, north of Mc
Fadden Avenue; 16 lots.
Approved the following final map:
MAP NO. 9755 - Northwest corner of Memory Lane &
Westwood Avenue; 1 lot. CA 24
FINAL PARCEL MAP
Approved the following final
map and accepted the dedica-
tions thereon:
MAP NO. 985 Davit Avenue & Maxine Street; 2 lots.
CA 25.2
CHANGE ORDERS
Approved the following change
orders:
PROJECT 8505 - Construct Newhope Branch Library Change
Order #1 increasing the amount of the contract by $3,898
due to change of location of power pole by Southern
California Edison Company.
PROJECT 8506 - Traffic Signal modifications at First and
Fairview Streets - Change Order #2 increasing the costs
by $22,100 to include left-turn indicators on Fairview
Street.
PROJECT 8508 - Install four-way traffic signal at Tustin
Avenue and Fruit Street - Change Order #1 increasing the
amount of the Project by $27,400 to include an additional
signal installation. CA 89
COMPLETION OF
IMPROVEMENTS
Authorized release of letters of
credit on the following:
TRACT 8947 - West side of Fairview, south of Westminster
Avenue. CA 24
AGREEMENTS
Approved the following agreements
and authorized their execution by
Mayor and Clerk:
TYPEWRITER LEASE - Between City and IBM for the rental/
lease of an IBM memory typewriter for the Bowers Museum.
A-77-86
DEVELOPMENT AND OPERATION OF HOME MAINTENANCE & REPAIR
TRAINING CLASSES - Between City and Robert J. Rodino
for Community Development Program. A-77-87
LIABILITY CLAIMS
Referred to Administration
Claims received from July 12
to July 25, 1977, inclusive.
CA 65.7b
CITY COUNCIL MINUTES 271 AUGUST 1, 1977
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
COUNCIL REFERRAL
SUMMARY
Received and filed status report
of matters referred to Staff by
Council.
PROCLAMATIONS
Received and filed report of
proclamations issued by the Mayor
from July 13 to July 26, 1977.
* * * * * * * * CONSENT CALENDAR FINIS * * * * * * * *
ABC LICENSE APPLICATIONS
RECEIVED & FILED; OR
AUTHORIZED PROTEST
Licenses:
Council took the following
action pertaining to the
Staff report of Applications
for Alcoholic Beverage
CARLONE, Ralph M.- 1471 East Warner Avenue - Original
Type "41" On Sale Beer & Wine (Bona Fide Public Eating
Place). Received and filed Staff report on the motion
of Councilman Ward, seconded by Councilman Brandt, and
carried 4:1, with Councilman Bricken dissenting. (Agenda
Item 4 A) CA 146
COLQUITT ENTERPRISES, INC. 2515 West McFadden Avenue
Self-incorporation Type "21" Off Sale General. - Received
and filed Staff report on the motion of Councilman Ward,
seconded by Councilman Brandt, and carried 4:1, with Council-
man Bricken dissenting. (Agenda Item 4 B) CA 146
DOCKINS, Glover - 220 East Third Street - Original - Type
"47" On Sale General (Bona Fide Public Eating Place) Supple-
mental. - Directed City Attorney to file a protest with the
Alcoholic Beverage Control Board on the basis of its
proximity to residential areas on the unanimously carried
5:0 motion of Councilman Brandt, seconded by Councilman Ward.
(Agenda Item 4 C) CA 146.1
DOUGLAS OIL COMPANY OF CALIFORNIA - 1501 South Broadway -
Original Type "20" Off Sale Beer & Wine and 1216 North
Grand - Original - Type "20" Off Sale Beer & Wine. Directed
the City Attorney to file a letter of protest with the Alco-
holic Beverage Control Board on the basis of its proximity
to residential areas on the unanimously approved 5:0
motion of Councilman Ward, seconded by Councilman Brandt.
(Agenda Item 4 D) CA 146.1
HANSHAW, Frederick J. & Gordon R. 2734 North Bristol Street
Stock Transfer - Type "21" Off Sale General. The motion by
Councilman Ward, seconded by Councilman Brandt, to receive
and file Staff report, failed to carry 3:2, with Councilmen
Yamamoto and Bricken dissenting (no action). (Agenda Item
4 E) CA 146
MC DONOUGH, Michael P. 1641 "J" East 17th Street -
Original - Type "41" On Sale Beer & Wine (Bona Fide Public
Eating Place) PROTEST - MINOR EXCEPTION REQUIRED. Staff
report was received and filed on the unanimously approved 5:0
motion of Councilman Ward, seconded by Councilman Brandt.
(Agenda Item 4 F) CA 146.1
CITY COUNCIL MINUTES
272
AUGUST 1, 1977
VARIANCE 77-29 - CENTURY The following Notice of
POLE SIGN ON SOUTH BRISTOL Exemption and Variance
CONTINUED; REPORT REQUESTED Application were continued
to August 15, 1977, on
the unanimously approved 5:0 motion of Councilman Yamamoto,
seconded by Councilman Ward:
VA 77-29 -.Filed by Century Properties Equity 72 to construct
a pole sign within 300 feet of an existing pole sign on the
same property at 3600-3900 South Bristol in the CR District.
MODIFIED SIGN APPROVED by Planning Commission.
(Agenda Item S) CA 13
A Staff report on regulation of movable signs was requested
on the unanimously carried 5:0 motion of Councilman Ward, seconded
by Councilman Yamamoto.
An earlier motion by Councilman Brandt, seconded by Councilman
Ward, to approve and file the Notice of Exemption and Planning
Commission Finding of Fact, failed to carry on a 3:2 vote, with
Councilman Bricken and Mayor Evans dissenting.
PARCEL FLiP NO. 1011 On the unanimously carried
TRUE HANELINE 5:0 motion of Councilman
REFERRED Ward, seconded by
Councilman Yamamoto,
Council referred the Negative Declaration and Parcel Map No. 1011
as follows back to the Planning Director for reconsideration of
Condition #7, construction of 6' high block wall fence, contained
in the Planning Director's Report, at the request of Applicant:
PARCEL MAP NO. 1011 Filed on June 27, 1977 by True Haneline
creating 2 PB and 2 C1 parcels; parcels 7 and 8 to be used
for residential purposes; parcels 1 and 2 to be used for commer-
cial purposes; generally located at the southwest corner of
Commercial Street and Main Street; alley waiver requested.
(Agenda Item 7 C) CA 25
AGREEMENT - LEGAL SERVICES
DAVID FREEMAN - CHARTER AMENDMENTS
TABLED (NOT APPROVED)
Councilman Brandt:
The following agreement was
tabled on the unanimously
carried 5:0 motion of Coun-
cilman Ward, seconded by
LEGAL SERVICES - Between City and David Freeman
proposed amendments to Article X, Civil Service,
Charter. (Agenda Item 12 B)
to review
of the City
CA 129
AGREEMENT - SIGNAL MAINTENANCE Council continued considera-
CONTINUED tion of the following agree-
ment to August 15, 1977, on
the unanimously carried 5:0
motion of Councilman Ward, seconded by Councilman Yamamoto:
SIGNAL MAINTENANCE EXTENSION - Between City and Signal Main-
tenance, Inc. for one year extension at a revised rate to
maintain .traffic signals. (Agenda Item 12 C) A-77-88
CITY COUNCIL MINUTES
273 AUGUST 1, 1977
APPOINTMENTS TO BOARDS &
COMMISSIONS
AFFIRMED
man Brandt:
The following appointments
were affirmed unanimously
8:0, on Councilman Yamamoto's
motion, seconded by Council-
BOARD OR COMMISSION
APPOINTEE TERM EXPIRES
Bowers Museum Board
John Hoy June 30, 1978
Library Board
Irvin T. Lathrop June 30, 1981
Personnel Board
Richard J. Politiski June 30, 1981
O.C. Vector Control Distr. Richard Vogl
June 30, 1978
Redevelopment Project
Area Committee
Billy Greenberg
June 30, 1978
Board of Recreation & Parks Albert Salgado June 30, 1981
(Agenda Item 13 A)
Council received and filed the letter from Mr. Courtney Chandler
dated July 26, 1977, tendering his resignation from the Orange
County Water District Board effective September 1, 1977, after
it was ascertained that Mr. Chandler is willing to continue to
serve on the Board. (Agenda Item 13 B) CA 80.9
READING WAIVED 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, on the unanimously
approved S:0 motion of Councilman Brandt, seconded by Councilman
Ward.
ORDINANCE NO. NS-1378
UTILITY USERS TAX MAXIMUM
CONTINUED
motion of Councilman Brandt,
The following ordinance
was continued to the August
15, 1977 meeting, on the
unanimously approved 5:0
seconded by Councilman Ward:
ORDINANCE NO. NS-1375 - AN ORDINANCE OF THE CITY OF SANTA
ANA AMENDING SECTION 35-167 OF THE SANTA ANA MUNICIPAL CODE
TO REDUCE TO $3,000 THE MAXIMUM AMOUNT PAYABLE UNDER THE
UTILITY USERS TAX. CA 65B
A prior motion by Councilman Ward, seconded by Councilman Brandt,
to place the ordinance on second reading and adopt, failed to
carry on a 3:2 vote, with Councilman Yamamoto and Mayor Evans
dissenting.
ORDINANCE NO. NS-1377 The Clerk of the Council
LAND USE MORATORIUM FOR MISSIONS in her report to Council
CONTINUED dated August 1, 1977,
notified Council that the
Emergency Ordinance No. NS-1377, the title of which did not appear
on the public Agenda, was not preceded by the required motion
to waive full reading and adopt by title only, said title not
having been read into the record at the meeting of July 26,
1977 prior to the motion for its adoption; and that the ordinance
could be reconsidered at this meeting.
CITY COUNCIL MINUTES
274 AUGUST 1, 1977
Full reading of Ordinance No. NS-1377 was waived, and considera-
tion was given by title only, on the unanimously carried motion
5:0 of Councilman Brandt, seconded by Councilman Ward, followed
by public reading of the title by the Clerk of the Council as
follows:
ORDINANCE NO. NS~1377 - AN EMERGENCY ORDINANCE OF THE CITY OF
SANTA ANA PROHIBITING NEW USE OF PROPERTY AS A MISSION IN THE
C1 (COMMUNITY COMMERCIAL) AND C2 (GENERAL COMMERCIAL) USE
DISTRICTS FOR AN INTERIM PERIOD PENDING AMENDMENT OF THE
MUNICIPAL CODE.
Councilman Yamamoto's motion, seconded by Mayor Evans, to adopt
the proposed emergency ordinance (requires five affirmative
votes) did not carry on a 4:1 vote, with Councilman Bricken dissent-
ing.
Consideration of the ordinance was continued to August 15,
on the unanimously carried S:0 motion of Councilman Ward,
by Councilman Yamamotoo
1977
seconded
CA~.~-~,d~
CA 82.6
RESOLUTION NO, 77-81 A RESOLUTION OF THE CITY
CUP 77-8 - MISSION BAPTIST CHURCH COUNCIL OF THE CITY OF
ADOPTED SANTA ANA AFFIRMING THE
DECISION OF THE PLANNING
COMMISSION ON CONDITIONAL USE PERMIT NO. 77-8 AND APPROVING SAID
CONDITIONAL USE PERMIT was adopted unanimously S:0, on the motion
of Councilman Brandt, seconded by Councilman Ward. CA 13.4A
RESOLUTION NO. 77-82 A RESOLUTION OF THE CITY
EX 77-14 - ALLISON HONER CO. COUNCIL OF THE CITY OF
ADOPTED SANTA ANA OVERRULING THE
DECISION OF THE ZONING
ADMINISTRATOR AND DENYING MINOR EXCEPTION NO. 77-14 was adopted
on the motion of Councilman Ward, seconded by Councilman Yamamoto,
and carried 4:1, with Councilman Brandt dissenting. CA 13.5A
RESOLUTION NO. 77-83 A RESOLUTION OF THE CITY
CLERK OF THE COUNCIL COUNCIL OF THE CITY OF
ADOPTED SANTA ANA FIXING AND ESTAB-
LISHING THE COMPENSATION
OF THE OFFICE OF THE CLERK OF THE COUNCIL OF THE CITY OF SANTA
ANA, EFFECTIVE JULY i, 1977, AND REPEALING RESOLUTIONS INCONSISTENT
HEREWITH was adopted on a 4:1 vote, with Councilman Bricken dissent-
ing, on the motion of Councilman Ward, seconded by Councilman
Brandt.
Councilman Bricken stated that the salaries proposed for the 20
positions named in the four resolutions regarding salaries are
significantly higher than for similar positions in State and
Federal government, and that since voters are opposed to raising
salaries of Councilmen, that he will vote against what he feels
to be inflated salaries. CA 75
CA 50.1
RESOLUTION NO. 77-84 A RESOLUTION OF THE CITY
CITY ATTORNEY COUNCIL OF THE CITY OF
ADOPTED SANTA ANA FIXING AND ESTAB-
LISHING THE COMPENSATION
FOR THE OFFICE OF THE CITY ATTORNEY OF THE CITY OF SANTA ANA,
EFFECTIVE JULY 1, 1977, AND REPEALING RESOLUTIONS INCONSISTENT
HEREWITH was adopted on the motion of Councilman Ward, seconded
by Councilman Brandt, and carried 4:1, with Councilman Bricken
dissenting. CA 81
CA 50.1
CITY COUNCIL MINUTES
275 AUGUST 1, 1977
RESOLUTION NO. 77-85 A RESOLUTION OF THE CITY
CITY MANAGER COUNCIL OF THE CITY OF
ADOPTED SANTA ANA FIXING AND ESTAB-
LISHING THE COMPENSATION
FOR THE OFFICE OF THE CITY MANAGER OF THE CITY OF SANTA ANA,
EFFECTIVE JULY 1, 1977, AND REPEALING RESOLUTIONS INCONSISTENT
HEREWITH was adopted 4:1, on the motion of Councilman Ward,
seconded by Councilman Brandt, with Councilman Bricken voting
NO. CA ?9
CA 50.1
RESOLUTION NO. 77-86 A RESOLUTION OF THE CITY
DOWNTOWN KIWANIS CLUB COUNCIL OF THE CITY OF
ADOPTED SANTA ANA ACCEPTING, ON
BEHALF OF SAID CITY, A
DISPLAY DONATED BY THE DOWNTOWN KIWANIS CLUB was adopted
unanimously 5:0, on Councilman Brandt's motion, seconded by
Councilman Yamamoto. CA 73A
RESOLUTION NO. 77-87 A RESOLUTION OF THE CITY
CLASS TITLES & COMPENSATION COUNCIL OF THE CITY OF
ADOPTED SANTA ANA AMENDING SECTION
3 OF RESOLUTION NO. 58-281
TO CHANGE TWO CLASS TITLES AND PROVIDE CERTAIN COMPENSATION
ADJUSTMENTS FOR UNREPRESENTED MANAGEMENT CLASSES was adopted
On Councilman Ward's motion, seconded by Councilman Brandt, and
carried 4:1, with Councilman Bricken dissenting. CA 50.1
AWARD FOR HEROISM Mayor Evans announced
ROBERT H. DAVIS that Resolution No. ?7-80
RESOLUTION 77-80 - ADOPTED was adopted at the July 26,
1977 meeting with the
inadvertent omission of a motion to waive full reading and to
adopt by title only, which was necessary because the title was
not carried on the Agenda. On the motion of Councilman Brandt,
seconded by Councilman Ward, and carried 5:0, the full reading
of the following Resolution was waived, and consideration by title
only was approved:
RESOLUTION NO. 77-80 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA AWARDING ROBERT H.
DAVIS $100.00 FOR HIS RESCUE EFFORTS DURING A FIRE ON
MARCH 6, 1977 IN SANTA ANA. CA ?3B
On the motion of Councilman Brandt, seconded by Councilman Ward,
and unanimously carried 5:0, Resolution No. 77-80, the title of
which was read by the Clerk of the Council, was adopted.
INTER-COUNTY AIRPORT AUTHORITY The quarterly financial
QUARTERLY FINANCIAL REPORT report for the period
FILED ended June 30, 1977 of
the Inter-County Airport
Authority was received and filed on the unanimously carried 5:0
motion of Councilman Brandt, seconded by Councilman Ward. CA 98.E
PROPERTY ACQUISITION FOR A letter dated July 21,
NEWHOPE BRANCH LIBRARY 1977 from the Santa Ana
FILED Planning Commission report-
lng its action to approve
the proposed acquisition of property adjacent to the Newhope
Branch Library site as conforming to the adopted General Plan of
the City of Santa Ana, was received and filed on the unanimously
approved 5:0 motion of Councilman Ward, seconded by Councilman
Yamamoto. CA 78.3
CA 56
CITY COUNCIL MINUTES
276 AUGUST 1, 1977
HRC REPORT - LOGAN AREA The letter and Report to
REZONING & EXTENSION OF CIVIC Council from the Chairman
CENTER DRIVE - FILED of the City's Human Rela-
tions Commission following
a June 21 Commission meeting, concerning the future of the Logan
Area, was received and filed on the motion of Councilman Bricken,
seconded by Councilman Brandt, and unanimously carried CA 78.6
$:0. CA 29.1
CA 131.1
LOGAN AREA PROBLEMS A task force to develop
TASK FORCE solutions to the Logan
ESTABLISHED Area problems and recom-
mend action to the City
Council within 90 days was established, on the unanimously approved
5:0 motion of Councilman Bricken, seconded by Councilman Ward.
Councilman Bricken volunteered to be the Council representative
along with a member from each of the' following: residential
owners, industrial owners, Staff, Planning Commission, Human
Relations Commission and Community Redevelopment Commission.
The task force will address the two main issues: (A) The exten-
sion route or termination of the easterly end of Civic Center
Drive. with time schedules for any reauired imnlementation
and/or funding; and ~B] A soecific ~lan for any zone chan~es
indicatin~ all maior advantages, disadvantages, costs, and extent
of community su~ort or oDnosition of both ~ro~ertv owners and
tenant residents, with time schedules for any required immlementa-
tion and/or funding.
The Council acted in response to a letter dated' July 27, 1977
from Mike Andrade, Chairman, Logan Planning Committee of the
Logan Community, requesting Council to direct the Planning
Commission to initiate proceedings to amend the zoning classifi-
cation of the Logan Area from M2 to R2.
Speakers appearing before Council regarding the requested zone
change hearing were:
Robert Noble, 1318 N. Lincoln, Logan businessman and
property owner
Sandra Pratt, Blue Bird Towing, Logan businesswoman
Henry Lomakin, 1041 Logan, Logan businessman, building/
plumbing shop
Mike Andrade, resident of Logan
The three business people speaking pointed out the investment
they had made in their properties in Logan, noted that it would
be difficult for them to relocate these businesses, but expressed
willingness to work with the City and the residents on the
problem.
Mike Andrade, representing the residents, stated that the problems
all come down to the fact that the residents can't afford to move
and have nowhere to go, but they are also anxious to have some
resolution to the uncertainty of their future and would like to
have a decision made.
Councilmen generally concurred with Councilman Ward's statement
that the Logan area, although a good residential area 100 years
ago, is part of a City evolving into a highly populated urban
city; that the Logan area no longer has the characteristics for
good residential use; it is bounded by a freeway and railroads,
is checker-boarded with industrial use and is too small for good
parks, schools, churches or open space to provide residents the
CITY COUNCIL MINUTES
277
AUGUST 1, 1977
cultural opportunities for advancement; and that the Council's
wish is that every citizen might live in good housing in an
environment for growth and development. CA 78.6
RECESS At 3:40 P.M. Mayor Evans
declared a recess; at
3:50 P.M. the meeting
was reconvened with the
same Councilmen present, except Councilman Bricken.
CENTENNIAL PARK A report prepared by Ron
STATUS REPORT Oho, dated July 25, 1977,
FILED showing the Tentative
Development Schedule for
Centennial Park, was received and filed on the motion of Council-
man Brandt, seconded by Councilman Ward, and carried 4:0
unanimously. CA 52
Councilman Bricken returned to the Council Chamber.
PRENTICE PARK ZOO EXPANSION Following an oral report
STATUS REPORT on the status of the
FREEWAY SIGN REQUEST AUTHORIZED Prentice Park Zoo Expansion
by the Recreation and Parks
Director, Robert E. Gresham, Councilman Brandt's motion, seconded
by Councilman Ward, and unanimously 5:0 carried, directed Staff
to prepare a request to Assemblyman Richard Robinson asking that
a freeway sign be installed indicating the turnoff for Prentice
Park Zoo. CA 52.3
AGENDA ORDER
GOVERNMENT CODE AMENDMENT
RE SICK LEAVE - CONTINUED
TO EVENING AGENDk
Consideration of support
for League of Cities
Resolution proposing an
amendment to the Government
Code regarding sick leave
payable to disabled retirees, was continued to the evening Agenda,
on the unanimously approved 5:0 motion of Councilman Brandt,
seconded by Councilman Bricken. (See Minutes Page 283.)
FINANCIALLY IRRESPONSIBLE DRIVERS On the unanimously 5:0
COUNCIL REFERRAL NO. 12-77 approved motion of Council-
SUPPORT FOR LEGISLATION AUTHORIZED man Brandt, seconded by
REFERRAL DELETED Councilman Ward, sponsor-
ship and support of an
Orange County Division, League of California Cities Resolution
requiring proof of financial responsibility as a condition pre-
cedent to issuance of a motor vehicle operator's license, was
authorized for presentation at the next League meeting; the
Mayor was authorized to seek support of all Orange County Assembly-
men and Senators for the recommended legislation, and Council
Referral Item No. 12-77 was deleted from the Summary. CA 57
CA 148.1
PETITION - TRAFFIC HAZARD The report dated July 26,
WARNER & VAN NESS - REFERRAL 10-77 1977, prepared by Traffic
FILED; DELETED Engineer, Joe E. Foust,
was received and filed,
and Council Referral Item No. 10-77 deleted from the Summary, on
the motion of Councilman Brandt, seconded by Councilman Ward, and
carried 5:0 unanimously. CA 18
CITY COUNCIL MINUTES
278
AUGUST 1, 1977
FUNDING FOR CAPITAL ITEMS
$475,000 APPROVED
WATER SYSTEM PURCHASE
CONTINUED TO EVENING AGENDA
Manager, Bruce Spragg, in his
On the motion of Council-
man Yamamoto, seconded by
Mayor Evans, and unanimously
5:0 carried, and on the
recommendation of the City
report dated July 19, 1977, the
1977-78 City Budget was amended and appropriation adjustments
authorized to include the following capital projects:
Department Item Amount
Public Works 3 traffic signals @ $40,000
$120,000
Public Works 5 signals left turns @ $25,000
125,000
Rec. & Parks Median island improvements (30%) 60,000
Public Works
Illuminated street name signs 30,000
lO @ $3,000
Fire Safety equipment (balance needed) 70,000
Rec. & Parks Contract tree trimming backlog
70,000
TOTAL $475,000
Included in the motion was the continuance of the proposed acquisi-
tion of Garden Grove water system, Department of Public Works,
$200,000, to the evening Agenda. (Minutes Page 284) CA 65B
APPROPRIATION ADJUSTMENT #7 The planned parade route
2ND ANNUAL ANTIQUE CAR PARADE for the Second Annual
APPROVED Antique, Classic and
Special Interest Car
Parade and Show to be held August 6, 1977, and the appropriation
of $500 from Council Contingency for parade costs and promotion
were approved on the unanimously carried 5:0 motion of Councilman
Brandt, seconded by Councilman Bricken. The schedule of events
planned is outlined in a report dated July 25, 1977 prepared by
Frank Blaszcak. CA 65.3
CA 45.1
AUTO ALLOWANCE The continuance of the
DEPUTY CITY ATTORNEY auto allowance of $85.00
APPROVED TO DEC. 31, 1977 per month to James L.
Conkey, Deputy City
Attorney, to December 31, 1977, recommended by City Attorney
Keith Gow in his report dated July 27, 1977, was approved on the
motion of Councilman Ward, seconded by Councilman Brandt, and
carried S:0 unanimously. CA 80
CA 81
FORMATION OF CHARTER AMENDMENT On the unanimously
COORDINATING COMMITTEE approved 5:0 motion of
APPROVED Councilman Ward, seconded
by Councilman Brandt,
Council authorized formation of a Charter Amendment Coordinating
Committee for the election on June 6, 1978, with proposed member-
ship and specific objectives as outlined in a report dated
July 27, 1977, prepared by Dayle Munt; affirmed its action of
June 22, 1976 to disband the Charter Review Committee; and
instructed Staff to prepare suitable commendations for service
to the City. CA 129.1
CITY COUNCIL MINUTES
279 AUGUST 1, 1977
ORAL COMMUNICATION Councilman Brandt indi-
ANIMAL CONTROL OFFICER cated some concern regard-
REFERRED ing the Animal Control
Program in the City when
it is necessary to release the present CETA personnel, and
moved to request Staff to prepare a report and recommendation
on the feasibility of adding one full time Animal Control
Officer to the Staff; the motion was seconded by Mayor Evans,
and carried 4:1, with Councilman Bricken dissenting. CA 50.1
ORAL COMMUNICATION Councilman Bricken
CORO FOUNDATION PROJECT announced that the Coro
SUPPORTED Foundation, a non-profit
organization which conducts
public affairs training programs from centers in Los Angeles,
St. Louis and San Francisco, will conduct a project during the
period September 6 - 9, 1977, entitled "The Logic of Santa Ana".
He recommended and Council informally agreed to authorize the
Clerk to provide the organization with cooperation and assistance
and to endorse the project, as outlined in the report from the
Clerk of the Council dated July 25, 1977. CA 151
ORAL COMMUNICATION On the motion of Council-
LEAGUE OF CITIES ELECTION man Ward, seconded by
SUPPORTED SLATE Councilman Brandt, and
carried 4:1, with Council-
man Yamamoto dissenting, the City's voting delegate was authorized
to support the following for officers of the Orange County Divi-
sion, League of California Cities at the next League meeting:
John Garthe, President
Alice MacLain, First Vice President
Earl Roget, Second Vice President
CA 148.1
EXECUTIVE SESSION At 4:20 P.M. the Council
RECESS recessed to hold an
Executive Session to
discuss pending litiga-
tion; at 5:25 P.M. the meeting was reconvened and immediately
recessed for dinner; the meeting was again reconvened at 7:45
P.M. with Councilmen Garthe, Ward and Ortiz absent.
INVOCATION
PLEDGE OF ALLEGIANCE
Silver Acres Community
Church.
Following the Pledge of
Allegiance to the Flag,
the Invocation was given
by Pastor George Dunivent,
CA 80.17
PLAQUE PRESENTATION - ROBERT DAVIS Mr, Bob Sky of Radio
"KWIZ KOOL HEAD AWARD" Station KWIZ stated
WAIVED PARAMEDIC FEES that the "Kool Head"
award had been originated
in 1970 by Spider McLain, and that it has only been awarded four
times since 1970; that Robert Davis had acted swiftly and heroic-
ally to assist in saving the life of a fire victim in Santa Ana;
and that his name will be inscribed on the Award, which will
be displayed in the City Council Chambers lobby. CA 73B
Councilman David Brandt added the City's commendation of Mr.
Robert Davis, who was presented a City plaque in appreciation
for his efforts. Councilman Brandt's motion, seconded by Council-
man Bricken, to waive paramedic fees chargeable to Mr. Davis~
was carried by unanimous 4:0 vote.
CITY COUNCIL MINUTES 280 AUGUST 1, 1977
RESOLUTION PRESENTATION Council's Resolution
CRIME PREVENTION DISPLAY 77-86 adopted at the
FROM DOWNTOWN KIWANIS CLUB afternoon Council meeting
accepting the display
from the Downtown Kiwanis Club was presented along with a City
Emblem Tile Plaque to Bill Chilcote and Roy Connelly by Coun-
cilman Yamamoto, with the City's appreciation, and the Councilman
commended the Club for its activities toward crime prevention.
CA 151
OATHS OF OFFICE Clerk of t~e Council
CITY COMMISSIONERS Florence I. Malone
administered the Oath
of Office to the follow-
ing newly appointed Commissioners who were welcomed by the
Councilmen present:
Albert Salgado, Board of Recreation and Parks
Irvin T. Lathrop, Library Board
Richard J. Politiski, Personnel Board
Richard Vogl, Orange County Vector Control District
CA 52.2
CA 56.1
CA 50.8
CA 54
PUBLIC HEARING Mayor Evans announced
AMENDMENT APPLICATION 766 that this was the time
SPECIFIC DEVELOPMENT PLAN #9 and place for the public
ORDINANCE NO. NS-1378 - 1ST READING hearing of Negative
Declaration, Amendment
Application 766 and Specific Development Plan #9, to rezone
property at the southeast corner of First and Jackson Streets
(3328 W. First Street) from C2 (General Commercial) District
to SD (Specific Development) District, with development standards
set forth in Specific Development Plan #9.
Planning Director Charles Zimmerman stated that an 84,000 square
foot building exists on the property; that commercial activities
occupying the building originally could not compete successfully
in today's market place; and it had been vacant for nearly eight
years; that the Specific Development Plan permits only light
industrial uses, substantial building and landscape setbacks,
stringent sign controls and no outside work or storage of any
type; and that the rezoning was approved by the Planning Commis-
sion June 27, 1977.
The Clerk of the Council had received no communications on the
matter, there were no speakers in the audience, and the Mayor
closed the public hearing.
The Negative Declaration was approved and filed on the motion
of Councilman Yamamoto, seconded by Councilman Bricken, and
carried 4:0 unanimously; the following ordinance was placed on
first reading on the unanimously carried 4:0 motion of Councilman
Yamamoto, seconded by Councilman Bricken:
ORDINANCE NO. NS-1378 - AN ORDINANCE OF THE CITY OF SANTA ANA
APPROVING AMENDMENT APPLICATION NO. 766 TO REZONE PROPERTY
LOCATED AT 3328 WEST FIRST STREET FROM THE C2 (GENERAL COMMER-
CIAL) DISTRICT TO THE SD (SPECIFIC DEVELOPMENT) DISTRICT, AMEND-
ING SECTIONAL DISTRICT MAP 15-5-10, AND ADOPTING SPECIFIC
DEVELOPMENT PLAN #9. CA 10; CA 78.10
RECESS
same Council members present.
At 8:02 P.M. Mayor Evans
called a short recess; at
8:05 P.M. the meeting
was reconvened with the
CITY COUNCIL MINUTES 281
AUGUST 1, 1977
PUBLIC HEARING - APPEAL 381 Mayor Evans announced
EX 77-18 - 417 N. RAITT ST. that this was the time
DENIED - RESOLUTION AUTHORIZED and place for the public
hearing of Notice of
Exemption and Appeal No. 381 filed by Pablo Rosel, of the denial
of Minor Exception 77-18 to allow expansion of a bar existing
at 417 North Raitt Street within 300 feet of residences.
Charles Zimmerman, Planning Director, stated that the proposal
was to expand the bar to provide two pool tables; that the
parking area is not adequately marked; that the establishment
is located in a high crime area where there are numerous police
incidents; and that the bar is close to residences on Santa Aha
Boulevard and complaints have been received from those residents.
Mayor Evans announced that a letter had been received dated
July 30, 1977 from J. Ogden Markel, representing the Sisters at
St. Francis Rest Home, requesting denial of the Appeal.
Clerk of the Council Florence Malone reported that she had
received a telephone call from Howard Rapp, 1727 West Fourth
Street, also requesting denial of the Appeal.
There were no speakers on the subject; the Appellant was not
present; and the Mayor closed the public hearing.
On the motion of Councilman Brandt, seconded by Councilman Yama-
moto, carried 4:0 unanimously, the Notice of Exemption was
approved and filed, and the City Attorney was directed to prepare
a resolution denying Appeal No. 381 of the denial of Minor Excep-
tion 77-18 and affirming the decision of the Zoning Administrator.
CA 13.5
SPRING WEED ABATEMENT Mayor Evans announced
RESOLUTION 77-89 ADOPTED that this was the time
PUBLIC HEARING and place for the public
hearing of report of the
Director of Public Works pertaining to the costs of weed, rub-
bish and garbage abatement for the 1977 Spring Weed Abatement
Program.
John Stevens, Director of Public Works, summarized his July 22,
1977 report prepared, by Reagan J. Bell, and stated that of
2,680 parcels posted for cleaning, 160 were cleaned by City crews
at a cost of $23,008.61, or an average of $143.80 per parcel,
which includes administrative costs in posting, mailing notices,
lot inspections and cleaning.
There was no response to the Mayor's request for any objections
to the costs to be levied against the 1977-78 tax bills, and
the public hearing was closed.
On the motion of Councilman Yamamoto, seconded by Councilman
Brandt, and carried 4:0 unanimously, the following resolution
was adopted:
RESOLUTION NO. 77-89 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRM-
ING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS PERTAINING
TO THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT; MAKING,
CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND
ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR,
ASSESSOR AND TAX COLLECTOR. CA 11
CITY COUNCIL MINUTES
282 AUGUST 1, 1977
SICK LEAVE BENEFITS The comments of Samuel
FIRE DEPARTMENT RETIREES J. Wells of the law firm
RECEIVED COMMENTS of Silver & Wells, speak-
ing on behalf of the
Santa Ana Firemen's Benevolent Association, were received by
Council, Mr. Wells urged Council to talk to the Staff of its
failure to honor the City's current obligation, as the result of
an appellate court decision (Marsille v. City of Santa Ana
December 9, 1976), requiring the City to provide sick leave bene-
fit reimbursement in instances of employees' job-related disa-
bility retirement. He further stated that since the case has
been litigated, unless there is a substantial change in the
circumstances, the issue cannot be litigated again (doctrine
of collateral estoppel); that if the people being denied sick
leave benefits are required to bring suit against the City to
mandate sick leave benefits, the court will not allow the City
to re-litigate, and it will have to pay attorneys' fees and
interest costs. He suggested that Council take another look
at the situation, and instruct Staff to change its position to
avoid a waste of money, time and effort.
City Attorney Keith Gow stated that the Marsille case decision
does have precedent value.
City Manager Bruce Spragg stated that the City is continuing
the same practices it followed prior to the Marsille case pending
litigation of a similar case which could revise the Marsille
decision; and the fact that the Marsille case was not a class
action case.
A motion by Councilman Bricken, seconded by Councilman Yamamoto,
to receive and file Mr. Wells' remarks, and take them under con-
sideration in further deliberations relating to future action,
failed to carry 3:1, with Mayor Evans voting NO. (Four votes
are required to carry a motion.) CA 50.20
CA 139
GOVERNMENT CODE AMENDMENT On the motion of Councilman
RE SICK LEAVE BENEFITS Brandt, seconded by Coun-
SUPPORT AUTHORIZED cilman Bricken, and carried
4:0 unanimously, sponsor-
ship and support of an Orange County Division, League of California
Cities Resolution urging amendment of Government Code Section
21025.2 which would exempt certain governmental agencies from
compliance with the decision in the case of Marsille v. City of
Santa Ana, was authorized. This action was recommended by City
Attorney Keith Gow in his report dated July 20, 1977. CA 50.20
CA 139
CA 148.1
LEAGUE OF CITIES RESOLUTIONS Following consideration
1977 LEAGUE CONFERENCE of the recommendations
SUPPORTED made by Staff, and discus-
sion of some of the
resolutions, support for all 21 resolutions submitted by the
Orange County Division, League of California Cities was authorized,
on the unanimously approved 4:0 motion of Councilman Brandt,
seconded by Councilman Yamamoto. CA 148.1
RECESS
Council members present.
At 8:32 P.M. Mayor Evans
called a recess; at 8:45
P.M. the meeting was
reconvened with the same
CITY COUNCIL MINUTES
283 AUGUST 1, 1977
FUNDING FOR CAPITAL ITEM Mayor Evans announced
PURCHASE OF PORTION OF GARDEN that no action would be
GROVE WATER SYSTEM - NO ACTION taken to allocate
$200,000, as recommended
by City Manager Bruce Spragg in his report dated July 19, 1977,
to purchase a portion of the Garden Grove water system which
serves approximately 1,100 Santa Ana residents, at this meeting
because five affirmative votes would be required to budget the
funds. (Four Councilmen were present.)
City Manager Bruce Spragg announced that the Staff had been work-
ing on an appraisal of the water system, and had come up with a
figure of $574,000; that $300,000 could be accumulated from the
monthly water bills over a period of one year, and $200,000 is
available to apply toward the balance of $274,000; but that
negotiations are still proceeding with the City of Garden Grove
regarding the price and the payment terms. He further stated
that if no action were taken, the money would remain in the Coun-
cil Contingency Fund, so that it would still be available if
and when Council wants to use it. Mayor Evans stated that
Council has not indicated it wants to spend the money on some-
thing else, but is waiting for the proper Staff reports regard-
ing the potential acquisition.
Roxanne Martinez, 2202 Bobby Lane, spoke on behalf of the resi-
dents, and strongly urged Council to allocate the available
$200,000 for the purchase of the water system. CA 65B
CA 12
ORAL COMMUNICATION Councilman Yamamoto's
MISSION LOCATIONS MORATORIUM motion, seconded by
CONTINUED Councilman Bricken, to
reconsider Emergency
Ordinance No. NS-1377 as a regular ordinance carried on a 4:0
unanimous vote.
The title of the Ordinance as follows was read by the Clerk of
the Council following a unanimously carried 4:0 motion by Coun-
cilman Brandt, seconded by Councilman Yamamoto, to waive full
reading and consider by title only:
No
Councilman Yamamoto's motion,
to carry on a 3:1 vote, with
(Four votes are required.)
ORDINANCE NO. NS-1377 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA PROHIBITING NEW USE OF PROPERTY AS
A MISSION tN THE C1 (COMMUNITY COMMERCIAL) AND C2 (GENERAL
COMMERCIAL) USE DISTRICTS FOR AN INTERIM PERIOD PENDING
AMENDMENT OF THE MUNICIPAL CODE. CA ~-~
action was taken to place the ordinance on first reading, as
seconded by Councilman Brandt, failed
Councilman Bricken dissenting.
The following motion by Councilman Yamamoto, seconded by Council-
man Brandt, to continue the consideration of Ordinance No.
NS-1377 to August 15, 1977, was carried 4:0 unanimously. CA 7~8-
Ruby Epps, 626 N. Jackson Street, stated that the residents con-
sidered the unanimous 5:0 vote of Council on July 26, 1977, for
the four-month moratorium, a commitment to relocate the Mission
in a non-residential neighborhood. Councilman Bricken stated
that he would like to see the ordinance brought back to Council
at the next meeting as a regular ordinance, not as an emergency
ordinance.
ADJOURNMENT
At 9:25 P.M. Mayor Evans
adjourned the meeting by
unanimous informal consent.
, FLORENCE I. MALONE ~
FLORENCE I. MALONE
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES 284
AUGUST 1, 1977