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HomeMy WebLinkAbout08-23-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 23, 1977 Vice Mayor James E. Ward called the meeting to order in the City Council Chambers, 22 Civic Center Plaza, at 5:00 P.M. Council members present were Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, and Vice Mayor Ward. Mayor Vernon S. Evans was absent. Staff members present were Assistant City Manager Ronald Wolford, City Attorney Keith L. Gow, Director of Public Works John E. Stevens, Planning Direc- tor Charles C. Zimmerman, 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 Bricken. RECESS COMMUNITY REDEVELOPMENT AGENCY Agency; the Council meeting reconvened same Council members present. At 5:05 P.M. the Council recessed to convene the regular meeting of the Community Redevelopment at 6:00 P.M. with the CONSENT CALENDAR DISSENTING VOTES Yamamoto on Item 4 A Yamamoto on Item $ B Item 4 B The following dissenting votes were registered on Consent Calendar items: Councilmen Bricken and (ABC Application); Councilmen Bricken and (Minor Exception); and Vice Mayor Ward on (ABC Application). CONSENT CALENDAR On the unanimously approved STAFF RECOMMENDATIONS 6:0 motion of Councilman APPROVED Brandt, seconded by Council- man Bricken, 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 77-047 Tree trimming east of Main, north of Bdinger (Quadrant B). SPEC 77-049 - One 1/2 ton pickup or approved equal, and one 1/2 ton pickup with 8 foot bed. PROJECT 6129 - Construct stamped pattern concrete in street medians (bomonite) in various areas. PROJECT 8313 - One year maintenance of street medians east of Bristol, north of Edinger. CA 89 CITY COUNCIL MINUTES 303 AUGUST 23, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED ~ Continued ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: GOMEZ, Manuel S. 2829 West First Street - Original - Type "40" On Sale Beer. Councilmen Bricken and Yamamoto registered NO votes. (Agenda Item 4 A) GARCIA, Bartolome G. - Type "20" Off Sale registered a NO vote. 224 North Broadway - Original Beer and Wine. Vice Mayor Ward (Agenda Item 4 B) DOAN, Chung Thi, PHAM, Cuong Van & TRAN, Dan Thi 2610 West Edinger - Original Type "41" On Sale Beer and Wine (Bona Fide Public Eating Place) PRO- TEST - MINOR EXCEPTION REQUIRED. CA 146.1 VARIANCE & MINOR EXCEPTION following: Approved and filed Notice of Exemption and Planning Commis- sion Finding of Fact on the VA 77-29 - Filed by Century Properties Equity 72 (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. CA 13 Approved and filed Notice of Exemption and Zoning Administra- tor Finding of Fact on the following: 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. APPROVED. Councilmen Bricken and Yamamoto registered NO votes. (Agenda Item 5 B) CA 13.2 AGREEMENTS Approved the following agreements and authorized their execution by Vice Mayor and Clerk: SIGN ENCROACHMENT - Between City and Evangel Temple to allow installation of a sign within the future right-of-way of Broadway at 219 West Walnut (corner of Walnut and Broadway). A-77-94 ASSESSMENT & REFERRAL CENTER SERVICES & PERSONNEL Between City and Rancho Santiago Community College District 1) to continue to provide Center Services (CBTA Title I); and 2) to provide for four public service employment (PSE) job slots (CETA Title II). A-77-9S ASSESSMENT & REFERRAL CENTER PERSONNEL - Between City and State of California to provide for an Employment Development Officer for Santa Ana clients and two job slots for the Employment Development Department office. (CETA Title I to provide EDD job bank services) A-77-96 TERM CONTRACT EMPLOYEE - POLICE COMMAND & CONTROL PROJECT - Between the City and Ronald G. Kinsley for services required for the development and installa- tion of electronics and software. A-77-97 * * * * * * * * CONSENT CALENDAR FINIS CITY COUNCIL MINUTES 304 AUGUST 23, 1977 READING WAIVED Councilman Brandt's motion, seconded by Councilman Garthe, to waive full read- ing 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 6:0. ORDINANCE NO. NS-iS?? Council continued con- PROHIBITING USE AS MISSION sideration of the follow- CONTINUED TO SEPT. 6 lng ordinance to its regular meeting of September 6, 1977, on the unanimously approved 6:0 motion of Councilman Yamamoto, seconded by Councilman Brandt: 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 4~8 Prior to the motion, the following persons spoke in favor of second reading and adoption of the ordinance: Ruby Epps, 626 North Jackson Reverend John Frazier, 513 N. Bewley, Assembly of God Church Rudy Montejano, 2360 Riverside Drive Billy C. Hall, Executive Director, City Center Association Council was informed by the speakers that the Assembly of God Church had initiated negotiations with the Carpenters Union representative to purchase the building for relocation of the Assembly of God Church and Sunday School; that the church is an acceptable use from the residents' point of view; and that the Mission should not be allowed to operate in or near a residential neighborhood. Mr. Hall also suggested that a Mission use in any permitted zone be subject to a conditional use permit, so that the City could have some control of the operation as well as location. Mr. Hugh Breckenridge, Attorney, representing the District Council of Carpenters Union, argued against the second reading of the ordinance, and stated that it was specifically designed to inter- fere with the sale of the Carpenters Hall to the Mission; and that if the negotiations with the church were not successful and the ordinance adopted, the problem would still exist. ORDINANCE NO. NS-1379 AN ORDINANCE OF THE CITY AMENDMENT APPLICATION 767 OF SANTA ANA APPROVING BERNARD & SPENGLER - ADOPTED 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) DISTRICTS TO THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP 2-5-10 was placed on second reading and adopted by unanimous 6:0 vote, on the motion of Councilman Bricken, seconded by Councilman Garthe. CA 10 CITY COUNCIL MINUTES 305 AUGUST 23 1977 RESOLUTION NO. 77-98 A RESOLUTION OF THE CITY REHABILITATION PLANNING SPECIALIST COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION NO. 58-281 TO ADD THE NEW CLASS TITLE OF REHABILITATION PLANNING SPECIALIST AUTHORIZED IN THE 1977-78 ANNUAL BUDGET was adopted, and the Classification Specification for Rehabilitation Planning Special- ist was approved, on the unanimously carried 6:0 motion of Councilman Brandt, seconded by Councilman Garthe. CA S0.1 Councilman Ortiz left the Council Chambers. OLD CITY HALL - AGREEMENT Following reports by the DEL PUEBLO MANAGEMENT COMPANY Redevelopment Director and EXTENDED 90 DAYS the City Attorney, on the motion of Councilman Garthe, seconded by Councilman Bricken, and carried 4:1, with Councilman Yamamoto dissenting, and Councilman Ortiz abstaining because of a financial interest in the Company, the City's agreement with Del Pueblo Management and Development Company concerning the Old City Hall purchase was extended for 90 days, from July 1. Council was informed that the Community Redevelopment Commission had requested the City Attorney to prepare a legal opinion regard- ing a clause in the agreement that would reinstate the City's right of repurchase unless $50,000 in construction costs has been expended by Del Pueblo prior to April 1, 1978. Alexander Nalle, Chairman of the Community Redevelopment Commission, explained that 90 days extension would be helpful to resolve a difference in the interpretation of the agreement be- tween the parties. Billy C. Hall, Executive Director, City Center Association, asked that the City renew its request for the owner of the property to keep the property cleaned up and take steps to discourage loiter- ing about the building. A-76-4 CA 133 Councilman Ortiz returned to the Council Chambers. APPROPRIATION ADJUSTMENT #9 On the motion of Council- MEDIAN PROGRAM man Bricken, seconded by APPROVED Councilman Ward, and carried 5:1, with Council- man Yamamoto dissenting, Appropriation Adjustment #9 allocating $39,615 of Antirecessionary Funds to the Median Maintenance Program (outlined in the Recreation and Park Department Median Program report as Alternate #4) was approved. A report dated August 16, 1977, prepared by Jed Christensen stated that an additional $39,615 in Title II funds was received and proposed that the money be used to fund a one year contract median main- tenance program. CA 65.3 CA 29.14 APPROPRIATION ADJUSTMENT #16 To further implement the CONCRETE FOR MEDIANS proprosed Alternate #4 APPROVED Median Maintenance Pro- gram, Appropriation Adjustment #16 to transfer $30,000 from an Operational Account to a Capital Account to be used for the installation of bomonite median necks was approved, on the motion of Councilman Bricken, seconded by Councilman Garthe, and carried 8:1, with Councilman Yamamoto dissenting. CA 65.3 CA 29.14 CITY COUNCIL MINUTES 306 AUGUST 23, 1977 REQUEST FOR 4-WAY STOP SIGNS Traffic Engineer Joe SOUTH CENTRAL NEIGHBORS Foust orally outlined the APPROVED recommendation of his August 18, 1977 report for treatment of the four intersections recommended for four-way stop signs by the South Central Neighbors (Bishop & Shelton, Highland & Shelton, Flower & Bishop, Broadway & Chestnut). Following the showing of video tape of the intersection of Flower and Bishop between S:00 and 5:15 P.M., and the comments of inter- ested citizens, Council approved the recommendation of the Traffic Engineer to install four-way stop signs at Bishop & Shelton and at Highland & Shelton, on the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Bricken. Councilman Yamamoto's motion to install four-way stop signs at the intersections of Flower and Bishop, and Broadway and Chestnut, failed for lack of a second. The recommendation' to restrict parking on Flower at Bishop and on Broadway at Chestnut was approved on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 6:0 unanimously; and Staff was directed to install marked cross walks and review the traffic and pedestrian counts after school starts, and report the results to Council in 90 days. Speakers in favor of four-way stop signs at all four intersections were: Helen Snyder, 634 South Rosewood Frank Oviedo, 808 South Shelton Karen Banuelos, 1018 West Bishop Maureen Cantrall, 1239 West Bishop Isabel Moore, 523 South Baker Street Adelle Yeaton, 410 South Broadway Zeke Hernandez, 1230 West Chestnut Residents speaking cited accidents, near accidents and impaired visibility when trying to cross or make left turns onto the major streets as the situations that they feel call for four-way stop signs. They also stated concern for school children who must use those intersections to attend school. One speaker took exception to the other comments and concurred with the recommendation of the Traffic Engineer; he was: Ray Price, 1222 Highland CA 18.3 GARDEN GROVE WATER SYSTEM ACQUISITION Mr Ronald Wolford, Assistant STAFF AUTHORIZED TO PROCEED City Manager, announced that COST SHARING FORMULA REQUESTED a price of $646,000 had been negotiated with the City of Garden Grove for the purchase of water service to 1,128 residents of West Santa Anal and summarizing his report dated August 18, 1977, stated that the price includes three wells; that payment will be made over a period of one year in twelve equal monthly payments without interest charges; and that the 50% water rate surcharge to these customers would be lifted upon execution of the contract by both parties. On the motion of Councilman Garthe, seconded by Councilman Yamamoto, and carried 6:0, Staff was authorized to prepare a purchase agree- ment for Council action. In further discussion regarding the funding options, Councilman Bricken moved, and Councilman Brandt seconded, a motion to direct Staff to prepare a formula for sharing the cost of the purchase by the residents receiving the service, spread over a period of time, taking into consideration the values of the homes and the economic condition of the residents. The motion carried 5:1. with Council- man Yamamoto dissenting. CA 12 CITY COUNCIL MINUTES 307 AUGUST 23, 1977 CALIFORNIA URBAN On the motion of Council- DEVELOPMENT STRATEGY man Brandt, seconded by CONTINUED Councilman Bricken, con- sideration of the State Urban Development Strategy was continued to September 6, 1977, and the Mayor was authorized to transmit the draft letter to the Director of the California Office of Planning and Research, indicating areas of concern and requesting a 90-day extension for the public review process. The motion carried unanimously 6:0. CA 113 .\ ANNUAL REVIEW - CUP 76-16 In accordance with the CALVARY CHAPEL OF COSTA MESA recommendation of the APPROVED; PARKING PROBLEM REFERRED Planning Department in the report dated August 1977, on the unanimously approved 6:0 motion of Councilman Brandt, seconded by Councilman Bricken. Conditional Use Permit 76-16 was approved indefinitely without further review; the motion also instructed Staff to propose a solution to the on-going parking problem along the east side of Fairview near Sunflower Avenue, and to report its recommendation to Council in 30 days. CA 13.4 At 7:30 P.M. Councilman Garthe left the meeting. ANNUAL REVIEW - VA 76-35 On the motion of Council- 802 FRENCH STREET man Brandt, seconded by TERMINATED REVIEW Councilman Yamamoto, and carried S:0 unanimously, annual review of Variance Application 76-35 for the conversion of a house at 802 French Street to an office was terminated until actual conversion of the residence has taken place, as recommended by the Planning Department in the report dated August 10, 1977. CA 13.7 STATE LEGISLATION Acting on the recommenda- CITY HOUSING RESPONSIBILITY tion of the Housing OPPOSITION AUTHORIZED Advisory Commission at its August 2, 1977 meeting, Councilman Brandt's motion, seconded by Councilman Ortiz, and carried 5:0 unanimously, authorized the Vice Mayor to send mail- grams to appropriate State legislators in opposition to Senate Bills 344, 1007, 1008, 1038, and 1076 and Assembly Bill 1727. The Bills generally tend to decrease City General Plan responsi- bility to provide for housing at various economic levels. CA 57 ORAL COMMUNICATION Councilman Bricken, Chair- LOGAN TASK FORCE STATUS REPORT man of the Logan Task Force, STAFF AUTHORIZED reported that following a meeting on Wednesday, August 17, 1977, the task force representatives reached sufficient agreement that it now appears possible to begin the implementation procedures necessary to work out any remaining differences. He further reported that a slight modification to the zoning pro- posal was made at the request of the residential group and a list of contingencies reflecting concerns of the business group was made part of the agreement to be the basis for public hearings to reach a solution to the nroblems of the Lo~an area. On the motion of Councilman Bricken. seconded by Councilman Yama- moro and carried S:0 unanimously. Staff was authorized to initiate proceedings to implement the plan proposed in the August 22, 1977 Task Force report #3, including the listed contingencies. CA 78.6 CITY COUNCIL MINUTES 308 AUGUST 23 1977 ORAL COMMUNICATION Councilman Bricken announced MISSION RELOCATION that he felt that residents RESOLUTION NO. 77-99 - ADOPTED of the Santa Anita area would like to have a commit- ment from their City Council that a rescue msision would never be located in the City of Santa Ana adjacent to a residential area in the City; that he had asked to have a resolution prepared that would give that assurance. On the unanimously carried S:0 motion of Councilman Bricken, seconded by Councilman Yamamoto, the title of Resolution No. 77-99 was read by the Clerk of the Council, and consideration was given by title only. On the motion of Councilman Bricken, seconded by Councilma~ Yama- moto, and carried 5:0 unanimously, the following resolution was adopted: RESOLUTION NO. 77-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION THAT A CERTAIN MISSION NOT BE RELOCATED ADJACENT TO ANY AREA OF THE CITY THAT IS OCCUPIED FOR RESIDENTIAL PURPOSES, CA ~8 ORAL COMMUNICATION Councilman Yamamoto COMMUNITY REDEVELOPMENT FUNDS suggested that $2S0,000 of the additional tax increment funds that are available for Community Redevelopment Agency use be trans- ferred to Community Development, so that it can be used in all portions of the City. CA 82 CA 140.20 ORAL COMMUNICATION Councilman Brandt announced STATE HIGHWAY COMMISSION that the California High- MEETING RESCHEDULED way Commission meeting that had been scheduled in Santa Ana for November has been tentatively rescheduled for January 19 or 20, 1978. CA 113 ORAL COMMUNICATION TRAFFIC SIGNAL - BRISTOL REFERRED & WILLITS an oral request by Marcus Caldwell, ing the United Southwest Neighbors, On the motion of Council- man Brandt, seconded by Councilman Bricken, and carried 5:0 unanimously, 1321 West Myrtle, represent- to install a traffic signal at the intersection of Bristol and Willits was referred to Staff for report and recommendation to Council on Seotember 19, 1977. Councilman Bricken stated that citizens should bear in mind that the City Council gives thoughtful consideration to every citizen request; that matters brought to Council need not be in the form of demands; and that the City Staff must have an opportunity to report to Council before decisions can be made. CA 18.3 ORAL COMMUNICATION Two residents of West GARDEN GROVE WATER SYSTEM Santa Ana voiced objections COST SHARING FORMULA to the Council's request for a cost sharing formula with respect to the purchase of the Garden Grove Water System in the West Santa Ana area. Roxanne Martinez, 2202 Bobby Lane, urged Council to keep the cost minimal and Merle Kellogg, 2214 Bobby Lane, objected to sharing the cost at all, and asked that the residents not be required to contribute to the purchase price. CA 12 CITY COUNCIL MINUTES 309 AUGUST 23, 1977 ORAL COMMUNICATION Mr. John Dalton, speaking HEARING OFFICER'S PROPOSED DECISION on behalf of applicant CARE AMBULETTE - RECONSIDERED Care Ambulette. asked CERTIFICATE APPROVED Council for reconsidera- tion of its action at the Aug. 15, 1977 Council meeting to continue for 30 days the ~roposed decision of the Hearing Officer recommending the issuance of a Certificate of Convenience and Necessity for one ambulette van; that the matter was continued because of a pro- posed revision of Article 38 of the Municipal Code, but that the proposed revision will not affect the status of ambulettes in the City. After receiving oral assurance from Mr. John Dalton to be veri- fied by a letter to the City, that Care Ambulette has no inten- tion of operating an ambulance in the City of Santa Ana, on the motion of Councilman Brandt, seconded by Councilman Bricken, carried S:0 unanimously, the Clerk of the Council was authorized to issue to Care Ambulette, Inc. a Certificate of Convenience and Necessity to operate one ambulette van in the City of Santa Ana. The motion was preceded by a motion by Councilman Brandt, seconded by Councilman Ortiz, and carried unanimously 5:0, to reconsider the action taken on August 15. CA 96 ORAL COMMUNICATION Zeke Hernandez, formerly ADVANCE TRANSPORTATION a member of the Human PLANNING TEAM Relations Commission and of the Transportation Advisory Committee, suggested that the City organize an advance transportation planning team to make long range plans for traf- fic and pedestrian needs in the City. Councilman Yamamoto announced that he had submitted Mr. Hernan- dez' name as a candidate for the Orange County Human Relations Commission. CA 112.8 ADJOURNMENT meeting was adjourned. At 8:10 P.M. on the motion of Councilman Yamamoto, seconded by Councilman Brandt, the FLOR~HCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 310 AUGUST 25, 1977