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HomeMy WebLinkAbout08-15-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 15, 1977 The meeting was called to order by Mayor Vernon S. Evans in the City Council Chambers, 22 Civic Center Plaza, at 2:07 P.M. The following Council members were present: David P. Ortiz, Harry K. Yamamoto, James E. Ward, and Mayor Evans. Councilmen Gordon Bricken, John Garthe, and David L. Brandt were absent. Staff members present were: Assistant City Manager Ronald Wolford, City Attorney Keith Gow, Director of Public Works John E. Stevens, Planning Director Charles C. Zimmerman, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Ortiz. RECESS HOUSING AUTHORITY meeting reconvened at 2:15 P.M. Council recessed for the regular meeting of the Housing Authority at 2:08 P.M.; the Council with the same members present. CONSENT CALENDAR ITEMS Council continued the CONTINUED TO EVENING MEETING following items for con- OR TO AUG. 23 MEETING sideration at the evening meeting when Councilman Brandt and Bricken would be present: Items 4 A through 4 E, inclusive (Alcoholic Beverage License Applications), Items 5 B through 5 E inclusive (Variances & Conditional Use Permits); and Item 12 C (Housing & Rehabilitation Loan Program Agreement). Item 5 A (Notice of Exemption and Variance 77-29) was con- tinued to the regular meeting of Aug. 23, 1977. The fore- going action was taken on the unanimously approved 4:0 motion of Councilman Ward, seconded by Councilman Yamamoto. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Council approved the recommendations Consent Calendar Items: On the unanimously approved 4:0 motion of Councilman Ward, seconded by Councilman Yamamoto, of Staff on the following MINUTES Approved the minutes of the Regular Meetings of July 18, July 26 and August 1, 1977. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: SPEC 77-035 - One manlift telescopic boom. SPEC 77-036 Two brush chippers. SPEC 77-038 (160) Pedestrian signal head conversion kits. CITY COUNCIL MINUTES 285 AUGUST 1S, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED ~ Continued SPEC 77-039 - One 2-ton dump truck. SPEC 77-040 - Thirty-four replacement patrol sedans. SPEC 77-043 - One year lease of seven sub-compact automobiles. SPEC 77-044 - Sixteen chairs and four lamps. SPEC 77-048 - Traffic signal standards (46). PROJECT 7043A - Street trees for Assessment District 240 Silver Acres area. CA 89 BID AWARDS Awarded the following on basis of lowest responsible and best bidder: PROJECT 7059 - Handball courts at Rosita Park; and PROJECT 7064 - Handball courts at Campesino Park; awarded to J. B. Crosby Co., Incorporated, Orange, for total base bid and add-on Alternate A, for a total amount of $49,500.00. CA 89 DEEDS WITH CASH GRANTEE CITY connection with the Approved the following deeds and authorized Mayor to sign all necessary documents in purchases: YOUNGER, Helen Orr and Patrick V. - West side of Flower north of Civic Center Drive for street and vehicular access. LA LONDE, Nora I. and Philip - West side of Flower north of Civic Center Drive for s.treet and vehicular access. MC HUGH, Paul V. and Hansje - West side of Flower north of Civic Center Drive for street and vehicular access. TILL, Walter, as Trustee Southwest corner Flower and Washington for street and vehicular access. LOMAX, Hazel W. - West side of Flower south of Washing- ton for street and vehicular access. MADZOBFF, Michael A. East side of Main north of Bach- man for street access. CA 155 TENTATIVE PARCEL MAPS Approved and filed the Negative Declarations, and approved the following subject to conditions contained in Planning Director's reports; waived alley requirement on Map No. 100S: NBGATIVE DECLARATION & MAP NO. 1005 - Filed on May 24, 1977 by Parkcenter Corporation creating 2 CS parcels and one CS, Ri, RiB parcel; proposed parcels are to be used for commercial uses (shopping center and restaurant); generally located on the southwest corner of Cabrillo Park Drive and Seventeenth Street. CITY COUNCIL MINUTES 286 AUGUST 15, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED ~ Continued NEGATIVE DECLARATION & MAP NO. 1009 - Filed on June 10, 1977 by Wemac Company creating 2 MI parcels; both pro- posed parcels to be used for industrial purposes; gener- ally located on the northeast corner of Yale Street and Harvard Street. CA 25 FINAL TRACT MAPS Approved the following map, accepted the dedications thereon, and the bonds in the amounts set, and authorized execution of the subdivision agreement: MAP NO. 9451 - Eighteenth Street east of Towner Street; 6 lots. Approved the following map and accepted the dedications thereon: MAP NO. 9523 - Southeast corner of Euclid and Progresso streets; 5 lots. CA 24 FINAL PARCEL MAP Approved the and accepted thereon: following map the dedications MAP NO. 994 Southwest corner of Hemlock Way & Shelton Street; 3 lots. CA 25.2 AGREEMENTS Clerk: Approved the following agree- ments and authorized their execution by the Mayor and SIGNAL MAINTENANCE - Between City and Signal Maintenance, Inc. to maintain traffic signals. A-77-88 LEASE OF IBM MAG CARD/A TYPEWRITER - Between City and IBM for typewriter to be used in CETA Title VI project ~ review and update of Municipal Code. A-77-90 BOARDS & COMMISSIONS Appointed John Coil to the Transportation Advisory Committee as the representa- tive of the Community Redevelopment Commission for a term expiring December 31, 1979. CA 29.10A Accepted with regret the resignation contained in the letter dated August 1, 1977 from Lynda Ferris resigning from the Board of Recreation and Parks; directed Staff to prepare an appropriate recognition of service to the City. CA 52.2 LIABILITY CLAIMS Referred to Administration Claims received from July 26 to August 8, 1977. CA 65.7B COUNCIL REFERRAL SUMMA RY Received and filed status report of matters referred to Staff by Council. CA 80.2 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * AGENDA ORDER ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Items 4 A through 4 E, inclusive, pertaining to Applications for ABC License were continued to the evening Agenda (Minutes Page 297). CITY COUNCIL MINUTES 287 AUGUST 15, 1977 VARIANCE 77-29 - CENTURY The following Variance was con- 3900 $. BRISTOL tinued to the regular Council ''CONTINUED meeting of August 23, 1977 by a motion made prior to Consent Calendar consideration (Minutes Page 28S): NOTICE OF EXEMPTION & VA 77-29 - Filed by Century Properties Equity ?2 (BESCO) 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. APPROVED MODIFIED SIGN. (Agenda Item 5 A) CA 13 AGENDA ORDER VARIANCES & CONDITIONAL USE PERMIT & MINOR EXCEPTIONS Items 5 B through E, inclusive, were continued to the evening Agenda (Minutes Page 298). AGENDA ORDER The Housing Rehabilitation AGREEMENT - HOUSING PROGRAM and Loan Program Agreement CONTINUED TO EVENING MEETING between City and United California Bank (Agenda Item 12 C) was continued to the evening Agenda (Minutes Page 299). READING WAIVED Councilman Ward's motion, seconded by Councilman Ortiz, to waive full reading of all ordinances and resolutions, the titles of which appear on the public Agenda, or which otherwise come before this Council and the titles of which are read, and to consider by title only, carried unanimously 4:0. AGENDA ORDER Consideration of the follow- ORDINANCE NO. NS-1375 ing ordinance was continued CONTINUED TO EVENING MEETING to the evening meeting on the unanimously approved 4:0 motion of Councilman Ward, seconded by Councilman Ortiz: 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. (Minutes Page 299) ORDINANCE NO. NS-1378 AMENDMENT APPLICATION 766 SD PLAN #9 (OLD ABC STORE) ADOPTED STREET FROM C2 (GENERAL COMMERCIAL) AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 766 TO REZONE PROPERTY LOCATED AT 3328 WEST FIRST DISTRICT TO THE SD (SPECIFIC DEVELOPMENT) DISTRICT, AMENDING SECTIONAL DISTRICT MAP 15-5-10, AND ADOPTING SPECIFIC DEVELOPMENT PLAN #9 was placed on second reading and adopted by unanimous roll call vote 4:0, on the motion of Councilman Ortiz, seconded by Councilman Ward. CA 10 CA 78.10 AGENDA ORDER The following resolution RESOLUTION 77-88 - NEW POSITIONS was continued to the RECREATION & PARKS PROGRAM evening Agenda on the unanimously approved 4:0 motion of Councilman Yamamoto, seconded by Councilman Ward: RESOLUTION NO. 77-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 58-281 TO CHANGE A CLASS TITLE AND ADD NEW CLASS TITLES FOR CERTAIN NEW POSI- TIONS AUTHORIZED IN THE 1977-78 ANNUAL BUDGET PERTAINING TO PHASE II OF RECREATION AND PARKS REORGANIZATION. (Minutes 299) CITY COUNCIL MINUTES 288 AUGUST 1S, 1977 RESOLUTION NO. 77-90 A RESOLUTION OF THB C%TY SANTIAGO LIBRARY SYSTEM COUNCIL OF THE CITY OF ADOPTED SANTA ANA APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AMENDING THE JOINT POWERS AGREEMENT ESTABLISHING THE SANTIAGO LIBRARY SYSTEM (by adding another member, simplify- ing claims procedure, etc.), was adopted on the unanimously carried 4:0 motion of Councilman Ward, seconded by Councilman Yamamoto. A-77-92 RESOLUTION NO. 77-91 A RESOLUTION OF THE CITY FIRE PERSONNEL CLASSES COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION NO. S8-281 TO ADD NEW CLASSES OF FIRE SAFETY ASSISTANT AND FIRE SAFETY SPECIALIST I AUTHORIZED IN THE 1977-78 ANNUAL BUDGET was adopted, and the Classification Specifications for Fire Safety Assistant and Fire Safety Specialist I were approved, on the unanimously carried 4:0 motion of Councilman Yamamoto. seconded by Councilman Ortiz. CA 50.1 RESOLUTION NO. 77-92 A RESOLUTION OF THE CITY ACCOUNTANT I & II CLASSES COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION NO. 58-281 TO ADD THE NEW CLASS TITLE OF ACCOUNTANT I AUTHORIZED IN THE 1977-78 ANNUAL BUDGET AND TO CHANGE THE CLASS TITLE OF ACCOUNTANT TO ACCOUNTANT I1 was adopted, and the Classification Specifications for Accountant I and Accountant II were approved, on the unani- mously carried 4:0 motion of Councilman Ward, seconded by Coun- cilman Yamamoto. CA 50.1 RESOLUTION NO. 77-93 A RESOLUTION OF THE CITY CONTRACTS ADMINISTRATOR CLASS COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION NO. 58-281 TO ADD THE NEW CLASS TITLE OF CONTRACTS ADMINISTRATOR AUTHORIZED IN THE 1977-78 ANNUAL BUDGET (Public Works Department), and the Classification Specification for Contracts Administrator was approved, on the unanimously carried 4:0 motion of Councilman Ward, seconded by Councilman Yamamoto. CA 50.1 RESOLUTION NO. 77-94 A RESOLUTION OF THE CITY ASSISTANT CITY ENGINEER CLASS COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION NO. 58-281 CORRECTING THE COMPENSATION SCHEDULE FOR THE CLASS OF ASSISTANT CITY ENGINEER (to correct an error in Resolution 76-154) was adopted unanimously 4:0, on the motion of Councilman Ward, seconded by Councilman Yamamoto. CA 50.1 RESOLUTION NO. 77-95 A RESOLUTION OF THE CITY COMMENDING MAJOR & MRS. TOM CISAR COUNCIL OF THE CITY OF ADOPTED SANTA ANA COMMENDING MAJOR AND MRS. TOM CISAR was adopted by unanimous 4:0 vote, on the motion of Councilman Yamamoto, seconded by Councilman Ward. CA 73B CITY COUNCIL MINUTES 289 AUGUST 15, 1977 AGENDA ORDER - RES. 77-96 MINOR EXCEPTION 77-18 - 417 N. CONTINUED TO EVENING AGENDA Councilman Ortiz, seconded by The following resolution RAITT was continued to the evening Agenda on the unanimously approved 4:0 motion of Councilman Yamamoto: RESOLUTION NO. 77-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 381 AND AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR DENYING MINOR EXCEP- TION 77-18 TO EXPAND AN EXISTING BEER BAR AT 417 NORTH RAITT STREET, WHICH IS WITHIN 300 FEET OF RESIDENTIAL USES. (Minutes Page 300) RESOLUTION NO. 77-97 A RESOLUTION OF THE CITY AIR QUALITY & TREATMENT MANAGEMENT COUNCIL OF THE CITY OF ADOPTED SANTA ANA DECLARING ITS POSITION REGARDING DEVELOP- MENT OF AN AIR QUALITY MITIGATION PROGRAM FOR THE COUNTY SANITA- TION DISTRICTS OF ORANGE COUNTY WASTEWATER MANAGEMENT PROGRAM AND THE INTENTION TO COOPERATE AND PARTICIPATE IN THE SOUTH COAST BASIN AIR QUALITY MAINTENANCE PLAN AND THE 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLAN was adopted by unanimous 4:0 vote, on the motion of Councilman Ward, seconded by Councilman Yamamoto. CA 39 CONSTITUTIONAL AMENDMENT On the motion of Council- PROHIBITING PUBLIC EMPLOYEE STRIKES man Yamamoto, seconded by CONTINUED TO EVENING AGENDA Councilman Ward, and carried 4:0 unanimously, consideration of a request for support of a constitutional amend- ment prohibiting employee strikes and compulsory binding arbitra- tion was continued to the evening Agenda. (Minutes Page 300) PENAL CODE SECTION 311 On the motion of Council- DEFINITION OF OBSCENE MATERIAL man Ortiz, seconded by CONTINUED TO EVENING AGENDA Councilman Yamamoto, and carried 4:0 unanimously, consideration of support of an amendment of Penal Code Section 311 relating to the definition of obscene material was continued to the evening Agenda. (Minutes Page 300) ANNUAL BUDGET - NIWA Consideration of the Annual CONTINUED TO EVENING AGENDA Budget for Newport-Irvine Waste-Management Planning Agency was continued to the evening Agenda on the unanimously approved 4:0 motion of Councilman Ward, seconded by Councilman Yamamoto. (Minutes 300) LEAGUE VOTING REPRESENTATIVES Councilmen John Garthe JOHN GARTHE & DAVID BRANDT and David Brandt were SELECTED designated as voting representative and alternate, respectively, for the League of California Cities Annual Conference Business Session to be held on Wednesday morning, September 28, 1977, at 10:30 A.M. in San Francisco, on the motion of Councilman Ward, seconded by Councilman Ortiz, and carried 4:0 unanimously. CA 148.5 CA 80.1 FUNDING FOR ORANGE COUNTY On the motion of Councilman FAIR HOUSING COUNCIL Ward, seconded by Councilman CONTINUED TO EVENING AGENDA Yamamoto, and carried 4:0 unanimously, the matter of funding for Orange County Fair Housing Council was continued to the evening Agenda. (Minutes Page 300) CITY COUNCIL MINUTES 290 AUGUST 15, 1977 REGISTRATION OF BIRCH PARK After considering the AS POINT OF HISTORICAL INTEREST report dated August 5, APPROVED - REFERRAL 8-77 DELETED 1977, and the recommenda- tion of Robert E. Gresham, Director of Recreation and Parks, the request of Mrs. Weston Walker for consent to register Birch Park as a Point of Historical Interest with the State of California was approved, and the Mayor was authorized to sign the Owner's Consent Form, on the unanimously carried 4:0 motion of Councilman Ward, seconded by Councilman Yamamoto. The motion also deleted Council Referral Item No. 8-77 from the Summary, CA 131.10 MUNICIPAL STADIUM PROGRAM The Municipal Stadium REFERRAL NO. 36-76 Development Program, CONTINUED TO EVENING AGENDA submitted by the Director of Recreation and Parks, was continued to the evening Agenda on the unanimously carried 4~0 motion of Councilman Ward, seconded by Councilman Yamamoto. (Minutes Page 301) TRANSFER STATIONS & LANDFILLS Staff recommendation FILED - REFERRAL NO. 13-77 DELETED prepared by Reagan J. Bell in his report dated August 4, 1977 was concurred with by Council, and the letter from the City of Gar- den Grove urging the adoption of a resolution requesting the Orange County Supervisors to provide funds for needed equip- ment at stations and landfills was received and filed, and Council Referral Item No. 13-77 deleted from the Summary, on the unanimously carried 4:0 motion of Councilman Ortiz, seconded by Mayor Evans. CA 39 CITY CORPORATION YARD On the motion of Council- MASTER PLAN STUDY man Ward, seconded by CONTINUED TO EVENING AGENDA Councilman Yamamoto, and carried 4:0 unanimously, consideration of the recommendation for a master plan study for the City Corporation Yard was continued to the evening Agenda. (Minutes Page 301) OLD CITY HALL AGREEMENT Discussion of the agree- DEL PUEBLO MANAGEMENT COMPANY ment with Del Pueblo DEFERRED TO 3:00 P.M. Management and Develop- ment Company concerning the Old City Hall was deferred to the time certain 3:00 P,M. by Mayor Evans, for consideration of the matter. (Minutes 294) ASSEMBLY BILL 1533 The Mayor was authorized UNIFORM CITY ANNEXATION LAW to urge members of the SUPPORT AUTHORIZED Senate Committee on Local Government to support Assembly Bill 1533 to create a uniform annexation procedure, as recommended in the City Attorney's report dated August 10, 1977, prepared by Barbara Kirnbauer, Para-Legal Aide, on the motion of Councilman Ward, seconded by Councilman Yamamoto, and carried 4:0 unanimously. CA 57 ASSEMBLY BILL 283 On the motion of Council~ CITY ZONING man Ward, seconded by OPPOSITION AUTHORIZED Councilman Yamamoto and carried 4:0 unanimously, the Mayor was authorized to write letters in opposition to Assembly Bill 283 requiring City zoning to be consistent with the General Plan. The objection to this Bill is to be focused on the lack of cost reimbursement as pointed out in the City Attorney's report dated August 10, 1977 prepared by Deputy City Attorney Richard E. Lay. CITY COUNCIL MINUTES 291 AUGUST 15, 1977 ZOO IMPROVEMENT PROGRAM Director of Recreation and ORAL REPORT RECEIVED Parks Robert E. Gresham reported to Council that Staff meetings had been held with Friends of the Zoo and the Board of Recreation and Parks, along with potential members of proposed consulting team to develop a master plan for Prentice Park Zoo; that by mid- September he expects to have agreements prepared for Council to employ the consultants necessary to compose the task force; that matters of highest priority for the task force will be landscaping, hospital facilities, and the pond in the children's zoo; and that he had contacted Assemblyman Robinson's office concerning installation of a freeway identification sign, and he felt sure that on the basis of last year's attendance of 256,676 patrons that the Zoo would qualify for the desired free- way identification. Councilman Ward suggested that the master plan be completed before any further implementation is commenced. CA 52.3 MEDIAN PROGRAM Director of Recreation ORAL REPORT RECEIVED and Parks Robert Gresham REFERRED TO STAFF orally outlined four alternatives for action to improve and maintain the 28 acres of medians within the City. He referred to the condition of medians as a major image problem for the City and his department. Alternate I to bomonite 100% of the median neck areas and complete landscape renovation of all medians in the City would cost $5S1,000. The landscape renova- tion would be primarily turf with some trees, some boulder treatment and some groundcover, with the lowest possible maintenance. Alternate II would cost $135,960 and would improve 35% of the median areas by selecting the southeast and central and northeast areas of the City. Alternate III addresses selected arterial streets in the community: 17th and Bristol, Edinger, Fourth Street, Santa Aha Boulevard, Civic Center Drive. South Bristol and Plaza Drive, the highly visible arterial streets at entrances to the City, a total of 31% of the medians at a cost of $127,000. Alternate IV which Staff recommends for implementation at this time addresses 29% of the medians, including Bristol and 17th, Edinger, South Bristol, Plaza Drive, Fourth Street and Santa Ana Boulevard, at a cost of $111,000; that of the $120.000 available there would be a remainder of $9,000 which could be used for landscape renovation at West Edinger, MacArthur and Warner. Mr. Gresham added that about 24% of the median maintenance is scheduled for contractual maintenance at an approximate annual cost of $35,000 $38,000, on a trial basis to provide cost comparison with City-crew maintenance services. He also noted that under CETA Title VI there is a summer ecology team working on clean-up of medians. CA 29.14 CA 52 On the motion of Councilman Ward, seconded by Councilman Ortiz, and carried 4:0, Staff was requested to bring Alternative IV back to Council on August 23, 1977 to consider for implementation. NEGOTIATIONS WITH GARDEN GROVE Assistant City Manager PURCHASE OF WATER SYSTEM Ronald Wolford reported STATUS REPORT RECEIVED that the negotiations with the City of Garden Grove for purchase of the water system are in the final stages; that the details of a final settlement are being worked out; and that it is hoped that a proposed program for acquisition can be presented to Council on August 23, 1977. CA 12 CITY COUNCIL MINUTES 292 AUGUST 15~ 1977 APPROPRIATION ADJUSTMENT 14 On the unanimously REORGANIZATION OF RECREATION & approved 4:0 motion of PARKS DEPT. CONTINUED TO Councilman Ward, seconded EVENING AGENDA by Councilman Yamamoto, Appropriation Adjustment #14 was continued to the evening Agenda. (Minutes Page 301) APPLICATION FOR AMBULANCE VAN Consideration of the HEARING OFFICER'S PROPOSED DECISION Hearing Officer's Proposed CONTINUED TO EVENING AGENDA Decision following public hearing of the Applica- tion for Certificate of Convenience and Necessity for one ambulance van was continued to the evening Agenda on the motion of Council- man Ward, seconded by Councilman Ortiz, and carried 4:0 unanimously. (Minutes Page 301) BOOSTER CLUBS After discussion and review MUNICIPAL STADIUM CONCESSIONS of a report dated August 5, NEGOTIATIONS AUTHORIZED 1977, prepared by Director of Recreation and Parks Robert Gresham, Staff was authorized to continue negotiations toward an agreement with the Booster Club Coordinating Council to share responsibility and profits from Stadium food concessions during events sponsored by the various booster club organiza- tions scheduling use of the Municipal Stadium. CA 52.8 ORAL COMMUNICATION COUNCILMAN GARTHE VACATION APPROVED vacation was approved on the motion of by Councilman Yamamoto and carried 4:0 Councilman John Garthe's absence from the August 1 and August IS Council meetings for his annual Councilman Ward, seconded unanimously. CA 80 SOUTHERN PACIFIC RIGHT-OF-WAY On the motion of Council- SUGGESTION FROM PETER KAUFMAN man Ward, seconded by REFERRED Mayor Evans, and unanimously carried 4:0, a letter dated August 10, 1977, from Peter H. Kaufman, 2937 Fallbrook Drive, suggesting consideration of removing the Southern Pacific Rail- road right-of-way to provide access to northwest Santa Ana, was referred to Staff for reply. CA 29.12 ORANGE COUNTY EIR On the recommendation of LOWER SANTIAGO CREEK PLAN the Planning Department REQUEST AUTHORIZED in its report dated August 15, 1977, and on the unanimously carried 4:0 motion of Councilman Ward, seconded by Councilman Ortiz, Staff was instructed te request the Orange County Environmental Management Agency and the Board of Super- visors to extend the September 19, 1977 date for receipt of comments on the Environmental Impact Report and Lower Santiago Creek Specific Plan for a period of 90 days in order that greater citizen and affected governmental participation and comments may be provided. In another motion made by Councilman Ward, seconded by Councilman Yamamoto and carried 4:0 unanimously, the report of the Planning Department dated August 15, 1977 was received and filed. CA 112.16; CA 14S.1; CA S2.4 OLD CITY HALL AGREEMENT On the motion of Council- DEL PUEBLO MANAGEMENT COMPANY man Ward, seconded by CONTINUED TO AUGUST 23 Councilman Ortiz, and carried 4:0 unanimously, a letter dated August 15, 1977 to the Mayor from Rudy Gallegos of the Del Pueblo Management and Development Company was re- ceived and filed, and consideration of the status of the agree- ment regarding the Old City Hall was continued to August 23, 1977. A-76-4; CA 133 CITY COUNCIL MINUTES 293 AUGUST 15. 1977 RECESS At 3:07 P.M. Mayor Evans EXECUTIVE SESSION recessed the Council meeting to hold an executive session to discuss pending litigation; at 3:20 P.M. the meeting was reconvened and immediately recessed to dinner at 5:30 P.M. at the Saddleback Inn; the meeting was reconvened for the evening session at 7:34 P.M. with Councilmen Garthe and Bricken absent. INVOCATION PLEDGE OF ALLEGIANCE St. Barbara's Catholic Church. Following the Pledge of Allegiance to the Flag, the Invocation was given by Father Michael Collins, CERTIFICATES OF APPRECIATION Councilman Ortiz pre- RETIRING BOARD & COMMISSION MEMBERS sented the City's Certifi- cate of Appreciation to Donald Bass, who had been a member of the Board of Recreation and Parks for a number of years. Councilman Ortiz also announced that Certificates had been prepared and would be mailed or delivered to Ernesto Iriarte, Project Area Committee; Thomas K. Griffiths, Personnel Board; Michael Leversen, Board of Recreation and Parks, and David Flaherty, Transportation Advisory Committee. CA 80.9 CITY TILE PLAQUE PRESENTATIONS Vice Mayor Ward made the CHARTER REVIEW COMMITTEE presentations of City Seal tile plaques to members of the Charter Review Committee who worked hundreds of hours to assist the City in reviewing and recommending amendments to the Charter for presentation to the voters on the November 1976 ballot. Vice Mayor Ward expressed the Council's great appreciation for the service volunteered by Eugene Flores, Robert Gunton, Pat McGuigan, David R. Moak and Chairman, Waldo Haug. Two additional members not present at the meeting were Tom McMichael and Richard Grace. CA 129.1 PUBLIC HEARING Mayor Evans announced AMENDMENT APPLICATION 767 that this was the time ORDINANCE NO. NS-1379 - 1ST READING and place for the public hearing of Negative Declaration and Amendment Application No. 767 to rezone property located on the east side of Fairview Street between Seventeenth Street and Edna Drive from the LP and C1 Districts to the Ri District. Charles Zimmerman, Planning Director, stated that as a condition of Tentative Tract Map 9631 the westerly 137.5 feet would be rezoned to Ri from LP and C1 to complete the residential tract of 38 6,000-square-foot lots to be used for single family resi- dential development; that the proposed zoning is in conformance with the General Plan; that there was no opposition at the Planning Commission hearing held July 25, 1977; and that the Planning Commission recommends approval. No speakers responded to the Mayor's request for comments, and following the Clerk's report that there were no written communica- tions, the Mayor closed the public hearing. CITY COUNCIL MINUTES 294 AUGUST 15, 1977 On the motion of Councilman Wards seconded by Councilman Brandt, Council approved and filed the Negative Declaration and placed the following ordinance on first reading by unanimous 5:0 vote (Councilmen Garthe and Bricken were absent): ORDINANCE NO. NS-1379 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 767 FILED BY BERNARD & SPENGLER TO REZONE PROPERTY ON THE EAST SIDE OF FAIRVIEW STREET BETWEEN SEVENTEENTH STREET AND EDNA DRIVE FROM THE LP (LIMITED PROFESSIONAL) AND C1 (COMMUNITY COMMERCIAL) DIS- TRICTS TO THE R1 (SINGLE FAMILY RESIDENCE) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP 2-5-10~ CA 10 APPEAL HEARING DENIAL OF Mayor Evans announced that TAXI DRIVER'S PERMIT this was the time and place DENIED for the Appeal Hearing for George A. McKinlay of the Police Chief's denial of a taxi driver's permit. George A. McKinlay did not come forward to address the Council when called by the Mayor, and there were no speakers on the sub- ject; the Mayor therefore closed the public hearing. After consideration of the Police Chief's report dated August 8, 1977 citing the Appellant's driving record, on the motion of Councilman Brandt, seconded by Councilman Yamamoto, and carried S:l, with Councilman Ortiz dissenting, the Appeal was denied, and the decision of the Police Chief to deny a taxi driver's permit to George A. McKinlay affirmed. (Councilman Bricken had arrived prior to the vote.) CA 26.3 RESCUE MISSION RELOCATION ZONING MORATORIUM ORDINANCE NS-13?? 1ST READING NEGOTIATIONS SUSPENDED on the unanimously carried 6:0 motion seconded by Councilman Yamamoto, placed on first reading: Following a number of speakers from the audience for and against the Rescue Mission s planned reloca, tion in West Santa Ana, of Councilman Bricken, the following ordinance was ORDINANCE NO. NS-1377 - AN 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. CA A previous motion by Councilman Bricken, seconded by Councilman Yamamoto, to adopt Ordinance No. NS-1377 as an emergency ordinance, failed to carry on a 4:2 vote, with Councilmen Ward and Brandt dissenting. (Requires five affirmative votes.) The Redevelopment Director was instructed to suspend all negotia- tions with the Rescue Mission for purchase of their property and relocation until such time as the legal matters are resolved on the motion of Councilman Bricken, seconded by Councilman Yamamoto, and carried 6:0 unanimously. Speakers in favor of the Emergency Ordinance and immediate steps to prevent the relocation of the Rescue Mission to West Santa Aha were: Lydia Morales, 601 N. Figueroa Rev. Gary Adams, Episcopal Church of the Messiah Romayne Malloy, 2419 N. Louise, North.Santa Ana Homeowners Assoc. Blair Eckert, 714 W. Memory Lane Frank Maldonado, 201 S. Gunther Faith Bracamontes, 1605 W. 3rd, Artesia Neighbors CITY COUNCIL MINUTES 295 AUGUST 15, 1977 Jose Lopez, 614 North Bewley Ruby Epps, 626 North Jackson Arthur Azarra, 806 N. Gunther The speakers generally agreed that an establishment such as a Rescue Mission that serves persons who generally rely on public transportation, easy access to freeways, restaurants and other amenities that would not be properly located in a residential area several miles from the downtown area where the amenities are provided. Those speakers in opposition to the Emergency Ordinance were: Thomas Whaling, 218 Main St , Huntington Beach, Attorney representing the Rescue Mission Marlene Fox, 567 San Nicholas Blvd . Newport Beach, representing the Orange County District of Carpenters Union Lorin Griset, 2321 N. Linwood Tony Anderson, 16282 Main, Tustin, Orange County Ministerial Alliance The opponents stated that the proposed zoning moratorium ordinance would substantially prevent the Rescue Mission from relocating anywhere in the City; that the ordinance would infringe on the Mission's rights under the First Amendment of the Constitution; that the Mission does not want to go where it isn't wanted, but the Mission's Attorney would like to sit down and discuss the legal matters involved; that the proposed ordinance is discriminatory and an abuse of police power; and that the work of the Mission is a valuable contribution to the City; that it wants to expand its services to help young people; and that a solution amenable to everyone should be found. Councilman Bricken stated for the record that he had suggested to the Mission that if they genuinely felt this relocation was a problem for them in terms of community acceptance, one way to solve it would be to give the City Council a letter indicating the Mission's withdrawal of their intention to relocate to the Carpenters Union Hall, West Fifth Street near Harbor Boulevard, in the Santa Anita Community. RECESS P.M. with the same Councilman Garthe). At 9:03 PM. Mayor Evans called a recess of the meeting; the meeting was reconvened at 9:18 Council members present (all members except ORAL REPORT LOGAN TASK FORCE dated August 12, Thursday, August Task Force Chairman Gordon Bricken orally summarized a written memorandum to Council 1977, of the outcome of a meeting held on 11, 1977. Attached to the written memorandum were two maps, one showing proposed zone changes, and a revised alignment of Civic Center Drive to take it south of the Logan Area to connect with Santa Ana Boulevard, which have been substantially agreed to by the various citizen representa- tives to the Task Force. Councilman Bricken emphasized that the plan would minimize relocations; would provide uses clustered with adjacent uses, avoiding the problem of spot zoning; would allow for improvements to be made to existing homes and businesses; would leave a minimum of non-conforming uses; and appears to be a compromise that can be agreed to by all parties concerned, and can be implemented. CA ?8.6 CITY COUNCIL MINUTES 296 AUGUST 15, 1977 ORAL COMMUNICATION The request of the South SOUTH CENTRAL NEIGHBORS Central Neighbors presented STOP SIGN REQUEST REFERRED by Mrs. Helen Snyder, 634 South Rosewood, for four four-way stop signs at Broadway & Chestnut, Bishop & Flower, Bishop & Shelton, and Highland & Shelton, was referred to Staff for report and recommendation at the August 23, 1977 meeting, on the motion of Councilman Brandt, seconded by Councilman Bricken, and carried 4:1, with Councilman Yamamoto dissenting. Additional speakers in favor of the request were: Maureen Cantrall, 1239 West Bishop Enedina Clements, 316 South Birch The speakers stated that there are many school children who cross the street at these intersections to attend Lowell Elementary School, Roosevelt School and Santa Ana High School; that there are frequent accidents and difficulty making left turns; and that the visibility is obstructed at Broadway and Chestnut. CA 18.3 ORAL COMMUNICATION The policy restricting IMAGE DE ORANGE COUNTY use of the City Showmobile USE OF SHOWMOBILE AUTHORIZED and Activity Booths to functions held within the City limits was waived, and their use outside the City limits at Mile-Square Park, on August 20, by Image de Orange County, P.O. Box 12552, Santa Ana 92702, subject to the required rental fees, was authorized on the unanimously approved 6:0 motion of Councilman Ward, seconded by Councilman Ortiz. The request for waiver of fees presented by Janice Carol, repre- senting Image de Orange County, 3700 South Plaza Drive, was deemed denied when Councilman Yamamoto;s motion to grant the waiver failed for lack of a second. CA 52 ORAL COMMUNICATION Mrs. Ruby Epps, speaking RESCUE MISSION RELOCATION for the Santa Anita resi- REQUEST FOR RECONSIDERATION dents present at the meet- ing, asked Council to reconsider its position on the Emergency Moratorium Ordinance prohibiting new mission use in C1 and C2 zones for a four-month period. CA-7-8 RECESS At 10:02 P.M. Mayor Evans HOUSING AUTHORITY recessed the Council meet- ing to hold an Adjourned Regular Meeting of the Housing Authority; the Council reconvened at 10:05 P.M., and Mayor Evans announced that he would call for the Agenda items continued from the afternoon session. All Council members were present except Councilman Garthe. ABC LICENSE APPLICATIONS RECEIVED & FILED; OR PROTEST AUTHORIZED age Licenses: Council took the follow- action pertaining to the Staff report of Applica- tions for Alcoholic Bever- MC LEISH, Margaret E. 1230 South Main Street- Person to Person Transfer Type "42" On Sale Beer & Wine (Public Premises) Received and filed Staff report on the motion of Councilman Brandt, seconded by Councilman Ward and carried 4:2, with Councilmen Yamamoto and Bricken dissenting. CITY COUNCIL MINUTES 297 AUGUST 15, 1977 ROSALES, Eulalia V. 3417 West Fifth Street - Person to Person Transfer - Type "42" On Sale Beer & Wine (Public Premises) Councilman Brandt's motion to receive and file the Staff report failed to carry on a 3:3 vote, with Councilmen Ward, Yamamoto and Bricken dissenting. KRAMER, David & Dorothy - 2626 North Bristol Street Person to Person Transfer - Type "20~? Off Sale Beer & Wine - Staff report received and filed on the motion of Councilman Brandt, seconded by Councilman Ward, and carried S:l, with Councilman Bricken dissenting. SAUCEDO, Jose 2721 West 17th Street Person to Person Transfer - Type "41" On Sale Beer & Wine - Staff report received and filed on the motion of Councilman Brandt, seconded by Councilman Ortiz, and carried 5:1, with Councilman Bricken dissenting. BALLESTEROS, Angel O. and Maria Luisa - 608 East Cen- tral Avenue - Person to Person Transfer - Type "40~ On Sale Beer - Received and filed Staff report on the motion of Councilman Brandt, seconded by Councilman Ortiz and carried 4:2, with Councilmen Yamamoto and Bricken dissenting. CA 146 CA 146.1 VARIANCE, CONDITIONAL USE PERMIT, & MINOR EXCEPTION APPROVED and filed for the following: The Notices of Exemption/ Negative Declarations and Planning Commission Find- ings of Fact were approved VA 77-36 Filed by Parkcenter Corporation to allow canopy signs, encroachment of a commercial building (Fazio's Market) into the RIB District, and encroach- ment of a commercial building and parking into the R1 District at 1700-1810 East Seventeenth Street, on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 4:2, with Councilmen Yamamoto and Bricken dissenting. CA 13 CUP 77-15 - Filed by the Prudential Insurance Company of America to allow retail sales of furniture at 2720- 2770 South Harbor Boulevard and 2727-2737 Croddy Way in the Mi District, on the motion of Councilman Brandt, seconded by Councilman Ortiz and carried 4:1, with Councilman Ward dissenting. (Councilman Yamamoto abstained because he is an employee of Prudential Insurance Company of America.) CA 13.1 EX 77~13 - Filed by John Coleman to allow on-sale liquor in a proposed restaurant (Sombrero Street) in the C3 District, within 300 feet of residences; also to waive the 3% required landscaping for a parking lot in the P District at 719 North Main Street, 720 North Bush Street, on the motion of Councilman Brandt, seconded by Councilman Ortiz and carried 4,2, with Councilmen Yamamoto and Mayor Evans dissenting. CA 13.2 The action on Minor Exception 77-13 followed a motion to approve and file by Councilman Brandt, seconded by Councilman Ward, that failed to carry on a 3:3 vote, with Councilmen Yamamoto and Bricken, and Mayor Evans dissenting, and a subsequent oral report by Peter DesRochers and Mrs. Barbara DesRochers explaining to Council the type of establishment being planned. CITY COUNCIL MINUTES 298 AUGUST 15, 1977 MINOR EXCEPTION TOGO'S EATERY CONTINUED 77-21 the following Notice of Exemption continued to August 23, 1977: On the motion of Council- man Bricken, seconded by Councilman Ward, and carried 6:0 unanimously, and Minor Exception was EX 77-21 - Filed by Lewis R. Schmid, et. al., to allow on-sale beer and wine in a proposed restaurant (Togo's Eatery) within a shopping center under construction at 1641 "J" East Seventeenth Street in the CS District. The shopping center is within 300 feet of residences. The motion to continue followed a motion to approve and file which did not carry made by Councilman Brandt, seconded by Coun- cilman Ward, and dissented to by Councilmen Yamamoto and Bricken, and Mayor Evans. The Applicant, Mr. Michael McDonough, spoke in favor of the Minor Exception, and briefly described the restaurant operation proposed. CA 13.2 AGREEMENT - HOUSING LOAN PROGRAM Council approved the UNITED CALIFORNIA BANK following agreement and APPROVED authorized its execution by the Mayor and Clerk, on the motion of Councilman Brandt, seconded by Councilman Ortiz, and carried 5:0, with Mayor Evans abstaining. The Mayor declared his remote interest as an officer of First American Title and Trust Company, a sub-contracting agency of United California Bank, and left the Council Chambers during considera- tion of this item. HOUSING REHABILITATION AND LOAN PROGRAM - Between City and United California Bank to make 6% loans and to service loans for the Community Development Block Grant Program. A-77-91 ORDINANCE NO. NS-1375 AN ORDINANCE OF THE CITY UTILITY USERS TAX MAXIMUM OF SANTA ANA AMENDING ADOPTED SECTION 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 second reading and adopted, on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 4:2, with Councilman Yamamoto and Mayor Evans dissenting. CA 65B RESOLUTION NO. 77-88 A RESOLUTION OF THE CITY CLASS TITLES & COMPENSATION COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION S8-281 TO CHANGE A CLASS TITLE AND ADD NEW CLASS TITLES FOR CERTAIN NEW POSITIONS AUTHORIZED IN THE 1977-78 ANNUAL BUDGET PERTAINING TO PHASE II OF RECREATION AND PARKS REORGANIZATION was adopted and Classifi- cation Specifications for Horticulture Supervisor, Parks and Trees Superintendent, Leisure Services Manager and Zoo Curator were approved, on the motion of Councilman Brandt, seconded by Councilman Ward, and carried 5:1, with Councilman Yamamoto dissenting. CA 50.1 CITY COUNCIL MINUTES 299 AUGUST 15, 1977 RESOLUTION NO. 77-96 On the motion of Council- APPEAL NO. 381, EX 77-18 man Bricken, seconded by PUBLIC HEARING SET Councilman Brandt, and carried 6:0 unanimously, reconsideration of Appeal No. 381 of Minor Exception No. 77-18 and the following resolution to implement Council action of August 1, 1977 was set for public hearing on September 6, 1977, at 7:30 P.M.: RESOLUTION NO. 77-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO, 381 AND AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR DENYING MINOR EXCEPTION NO. 77-18 TO EXPAND AN EXISTING BEER BAR AT 417 NORTH RAITT STREET, WHICH IS WITHIN 300 FEET OF RESIDENTIAL USES. CA 13.5 CONSTITUTIONAL AMENDMENT On the motion of Council- PROHIBITING PUBLIC EMPLOYEE STRIKES man Ward, seconded by FILED Councilman Brandt, and carried 6:0 unanimously, the letter dated July 29, 1977 from William O. Nighswonger, Mayor of the City of Montebello, requesting support of a pro- posed constitutional amendment prohibiting public employee strikes and compulsory binding arbitration was received and filed. CA 68 PENAL CODE SECTION 311 In accordance with the DEFINITION OF OBSCENE MATERIAL action of the City of SUPPORT AUTHORIZED Stanton in its Resolution No. 77-31. the Mayor was authorized to write letters to appropriate legislators support- ing an amendment to Penal Code Section 311 to delete from the definition of obscene matter that it be "utterly without redeem- ing social importance", on the motion of Councilman Yamamoto, seconded by Councilman Bricken, and carried 6:0 unanimously, in concurrence with Resolution 77-31 of the City of Stanton. CA 57 ANNUAL BUDGET - NIWA On the motion of Mayor MEMBERSHIP WITHDRAWAL AUTHORIZED Evans, seconded by Coun- cilman Brandt, and carried 5:1, with Council- man Bricken dissenting, withdrawal of the City of Santa Ana from the Newport-Irvine Waste Management Planning Agency was authorized. The preceding motion was substituted for the motion of Councilman Bricken, seconded by Councilman Brandt, to receive and file Resolution No. 1977-7 of the Board of Direc- tors of NIWA adopting its budget for fiscal year 1977-78. A~76-107 CA 14S.12 FUNDING FOR ORANGE COUNTY After review of the FAIR HOUSING COUNCIL report dated August 8, APPROVED 1977 and recommendation, prepared by Alice Mc Cullough, the City Attorney was directed to draft an agreement between the City and Orange County Fair Housing Council, sub- ject to the conditions outlined on Page 2 of the report, to allocate $10,000 of Third Year Community Block Grant funds to that organization, and two public hearings were authorized in accordance with Federal guidelines, on the motion of Councilman Ortiz, seconded by Councilman Ward, and carried 4:2, with Councilman Brandt and Mayor Evans dissenting. CA 112.1S CITY COUNCIL MINUTES 300 AUGUST 1S, 1977 MUNICIPAL STADIUM PROGRAM The report dated August 9, REFERRAL NO. 36-76 1977, prepared by Robert FILED; DELETED; REFERRED E. Gresham, Director of Recreation and Parks. was received and filed, Council Referral Item No 36-76 was deleted from the Summary, and the matter was referred to the Board of Recreation and Parks for review, comment and recommenda- tion, on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried 5:1, with Councilman Yamamoto dissenting. CA 52.8 CITY CORPORATION YARD Staff was authorized to MASTER PLAN STUDY obtain the services of CONSULTANT SERVICES AUTHORIZED a consultant to analyze space needs and provide a five-year master plan for the existing City corporation yard facilities, on the motion of Councilman Ortiz, seconded by Coun- cilman Brandt, and carried 6:0 unanimously. John Burk*s report dated August 3, 1977, outlined the need for the reorganization of the City yard. CA 99.2 APPLICATION FOR AMBULANCE VAN Following comments by HEARING OFFICER'S PROPOSED DECISION Phil Gazzo of Schaefer CONTINUED FOR 30 DAYS Ambulance, and a discus- sion of the status of a proposed new ordinance to revise the status of taxicab and ambulance service in the City, on the motion of Councilman Brandt, seconded by Councilman Ward, the Hearing Officer's proposed decision concerning the Application for Certificate of Convenience and Necessity for one ambulance van, filed by Care Ambulette Service, Inc., was continued for thirty days, by unanimous 6:0 vote. CA 96 APPROPRIATION ADJUSTMENT 14 Appropriation Adjustment REORGANIZATION OF RECREATION & #14 to adjust, delete, PARKS DEPT. - APPROVED add and rearrange the various operating accounts of the Recreation and Parks Department to reflect the opera- tional budgeted accounts approved by Council as part of the departmental reorganization on July 5, 1977, was approved on the motion of Councilman Bricken, seconded by Councilman Brandt, and carried 5:1, with Councilman Yamamoto dissenting. CA 65.3 CA 52 ORAL COMMUNICATION On the motion of Council- ABSENCE FROM CITY & AUGUST 23 man Ward, seconded by COUNCIL MEETING - MAYOR EVANS Councilman Brandt, and AUTHORIZED carried 6:0 unanimously, Mayor Evans~ absence from the City and Council meeting of August 23 was approved. CA 80 ORAL COMMUNICATION On the motion of Council- INTERNATIONAL POLICE CONVENTION man Brandt. seconded by FUNDS FOR PRINTING AUTHORIZED Councilman Bricken, and unanimously 6:0 carried, a sum not to exceed $500 was authorized for use by the Inter- national Police Convention for printing of certificates for the January 2, 1978 event to be held in Santa Ana. CA 47 CITY COUNCIL MINUTES 301 AUGUST 15~ 1977 ORAL COMMUNICATION Public Works Director TRAFFIC SIGNAL - 1ST & JACKSON John E. Stevens announced INSTALLATION COMPLETE that the traffic signal authorized by Council for installation at the corner of First and Jackson Streets had been completed and is operational. CA 18.3 ADJOURNMENT meeting. At 11:17 P.M. Mayor Evans, with the unanimous informal consent of the Council members, adjourned the FLOP~NCE I. FL~JRENCE L MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 302 AUGUST 15, 1977