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HomeMy WebLinkAbout09-06-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 6, 1977 The meeting was called to order at 2:05 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans. The following Council members were present: David F. Ortiz, Harry K. Yamamoto, David L. Brandt, James E. Ward, and Mayor Evans. Councilmen Gordon Bricken and John Garthe arrived later in the meeting. Also present were the following members of staff: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Director of Public Works John E. Stevens, Planning Director 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 Brandt. CONSENT CALENDAR Item 12 C was removed ITEMS REMOVED & from the Consent Calendar DISSENTING VOTES by the request of Councilman Yamamoto. Item 4 A was also removed from the Consent Calendar for con- sideration later in the meeting by Mayor Evans. Councilman Yamamoto registered NO votes on Items 3 E, 3 F, 4 D, and 5 B; NO votes were registered by Councilman Ward on Item 7 E, Mayor Evans on Item 5 H and Councilman Brandt on Item 4 C. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED approved the recommendations of Calendar Items: MINUTES On the unanimously approved 5:0 motion of Councilman Yamamoto, seconded by Councilman Ward, Council Staff on the following Consent Approved the Minutes of the Regular Meetings of August and August 23, 1977. 15 BID CALLS following: SPEC 77-043 SPEC 77-045 SPEC 77-050 SPEC 77-052 SPEC 77-053 Approved the plans and specifications, and authorized advertisement for bids on the Twelve month lease of 18 vehicles. One van. One portable generator set and accessories. Aerial photograph of the Eity Central air conditioning for Fire Department Train- ing Station. CITY COUNCIL MINUTES 313 SEPTE~BER 6, 1977 CONSENT CALENDAR STAFF RECO~MENDATIONS APPROVED - Continued SPEC 77-054 SPEC ?7-055 PROJECTS 5046 5060 8151 Boxing ring for the Youth Boxing Program. Printing Fire Department Master Plan. - Three traffic signals - - First and Jackson, Fourth - and Tustin and Greenville and MacArthur. CA 89 BID AWARDS Rejected bids from McCoy Ford Tractor Co. as being non- responsive to the specifica- tions, and awarded the following on basis of lowest responsible and responsive bidder pursuant to the specifications: SPEC 77-024 - Diesel Tractor (Rec. & Park Dept.) awarded to Artesia Implement & Parts Co., Santa Ana, in the total amount of $6,228.06. Awarded the following on the basis of lowest responsible and best bidder meeting specifications: SPEC 77-026 - Air Conditioning of Bowers Museum - awarded to Anderson Air Conditioning Inc., Orange, for base bid option, in the total amount of $3,885.00. SPEC ?7-028 - Hoof Stock Holding Cages - awarded to Allied Fence & Supplies, Inc., Fullerton, for a total amount of $9,799.66. SPEC 77-029 - Small mammal recovery cages awarded Items 1 through 11, Page 1, to California Veterinary Supply Company, N. Hollywood, in the total amount of $3,042.20; awarded Items 2 through 5, Page 2, to Victor Instruments, Inc., Irvine, in the total amount of $487.43. SPEC 77-030 - Pharmaceuticals for Prentice Park Zoo - awarded to the following for items indicated in Bid Abstract (183 separate items total): Western Medical Supply Co., Arcadia, $2,125.83; Central Inc., Westminster, Mass. $735.23; Valley Veterinary Supply, North Hollywood, $46.85; Scientific Products, Irvine, $384.61; V. Muller, Irvine, $298.18. Councilman Yamamoto registered a NO vote. (Agenda Item 3 E) SPEC 77-031 - Equipment for Veterinary Hospital awarded to the following bidders for items shown on Bid Abstract: Central, Inc., Westminster, Mass, $1,079.08; Deckert Surgical, Santa Aha, $166.42; Scientific Products, Irvine, $40.73; Western Medical Supply, Arcadia, $3,005.10; Great Western Serum, Albuquerque, New Mexico, $455.80. Councilman Yamamoto registered a NO vote. (Agenda Item 3 F) SPEC 77-033 Pruning Trees awarded to Quick Tree Landscape Company, Los Angeles, for a total amount of $34, 467.00. CITY COUNCIL MINUTES 314 SEPTEMBER 6, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 77-035 - One self-propelled manlift - awarded to George M. Philpott Co., Inc., Brea, in the total amount of $22,514.00. SPEC 77-036 & SPEC 77-042 - Three Brush Chippers awarded two at $6,985.31 each to Asplundh Equipment Sales & Services, E1 Monte, for a total amount of $13,970.62; awarded one to FMC Corporation, Pomona, in the total amount of $7,529.00. SPEC 77-039 - One 2-ton dump truck - national Harvester Company, Anaheim, amount of $14,262.25. awarded to Inter- in the total PROJECT 8502A - Replace concrete sewer in Edinger Avenue between Flower & Main Streets awarded to Brkich Brothers, E1 Monte, for Total Base Bid and Add-on Alternate, for a total amount of $65,394.00. CA 89 Awarded the following on basis of only responsible and responsive bidder: SPEC 77-032 - Replacement of Scoreboard at Municipal Stadium - awarded to Nevco Scoreboard Co., Montclair, in the total amount of $3,544.66. PROJECT 1373A - Parkway trees for Flower Street between Civic Center Drive and Seventeenth Street - awarded to Valley Crest Tree Company, Sylmar, in the total amount of $7,956.30. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff Report of the following: PEREZ, David J. and Maria E. - 1532 So. Flower Street - Person to Person Transfer - Type "20" Off Sale Beer and Wine. CHUNG, Dai Shin and Suck Wang 4622 W. 1st Street Person to Person Transfer - Type "20" Off Sale Beer and Wine. Councilman Brandt registered a NO vote. (Agenda Item 4 C) HANSHAW, Gordon R. 2734 No. Bristol Street - Person to Person Transfer - Type "21" Off Sale General. Councilman Yamamoto registered a NO vote. (Agenda Item 4 D) BAUCOM, Don R. and Avenue - Person to Type "21" Off Sale Sue J. - 1314 No. Person Transfer - General. Grand CA 146 CITY COUNCIL MINUTES 315 SEPTEMBER 6, 1977 CONSENT CALENDAR STAFF RECOM~ENDATIONS APPROVED - Continued VARIANCES & Approved and filed CONDITIONAL USE PERi,ITS Negative Declarations and Notice of Exemption, as applicable, and Planning Commission Findings of Fact on the following: NEGATIVE DECLARATION AND VA 77-32 Filed by Robert A. Boyd to allow two duplexes and two single family resi- dences recently used for a board and care facility to revert to their previous use as residential units at 1902-1906 W. Seventeenth Street in the C1 District. APPROVED NEGATIVE DECLARATION AND VA 77-37 Filed by Ephraim Beard to allow use of a firing kiln in the open, in conjunction with an existing art studio and to allow open storage and display of sculptures at 1336 W. Fifth Street in the C1 District. APPROVED Councilman Yamamoto regis- tered a NO vote. (Agenda Item 5 B) NEGATIVE DECLARATION AND VA 77-40 Filed by Lloyd's Bank of California to allow an existing rest home (Broadway Manor) to remain, waiving the required six parking spaces, at 1611 No. Broadway in the P District. APPROVED WITHOUT WAIVER OF PARKING NOTICE OF EXEMPTION AND VA 77-44 Filed by Arnel Development Company to allow a monument sign in the front yard setback area at 1633 E. Fourth Street in the LP District. APPROVED NEGATIVE DECLARATION AND VA 77-45 Filed by Russell V. and Ruth ~4. Cray to omit doors and full height end walls and to allow unenclosed vacuum stations in a self-service car wash at 1411 So. Fairview in the C1 District. APPROVED NEGATIVE DECLARATION AND VA 77-48 - Filed by Racquetball World & Health Club of Santa Ana to reduce outdoor recreational facilities and to further modify the site plan approved under VA 77-8 approved April 18, 1977 at 1901 E. First Street in the C5 Dis- trict. APPROVED CA NEGATIVE DECLARATION AND CUP 77-14 Filed by the Diocese of Orange to allow a church to expand its parking on addi- tional adjacent properties in the R2 District at 1302 E. Third Street in the C2 and R2 Districts. APPROVED 13 CITY COUNCIL MINUTES 316 SEPTEMBER 6, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NEGATIVE DELCARATION AND CUP 77-16 Filed by the Colonial Bible Church of Orange County to allow an elementary school, grades 1 through 6, on an existing church site at 1602 No. Ross Street in the R3H District. APPROVED Mayor Evans registered a NO vote. (Agenda Item 5 H) DEEDS WITH CASH Approved the following deeds & ESCROW - GRANTEE CITY and authorized the Mayor to sign all necessary documents in connection with the purchases: WOODYARD, Herbert P. and Elizabeth C. West side of Flower north of Civic Center Drive for street and vehicular access. SHOWALTER, Jennie C. - West side of Flower south of Washington for street and vehicular access. THORNBORROW, Evelyn - West side of Flower south of Washington for street and vehicular access. DONAHUE, Arthur J. and Patricia J. East side of Flower north of Civic Center Drive for street and vehicular access. MATOUS, George J. and Anna - Northwest corner of Flower and Washington for street and vehicular access. MADZOEFF, Michael A. East side of Main Street north of Bachman for street purposes. TENTATIVE PARCEL Approved and filed the MAPS Negative Declarations; approved subject to condi- tions contained in Planning Director's Reports; waived alley requirements on Map No. 1011, 1013, 1016, and 1017: NEGATIVE DECLARATION AND MAP NO. 1011 Filed on June 27, 1977 by True Haneline creating 2 PB and 2 PB C1 parcels; Parcels 7 and 8 to be used for residential purposes and Parcels 1 and 2 to be used for commercial purposes; generally located on the southwest corner of Commercial Street and Main Street. (Referred to Planning Director on August 1, 1977.) CA 13.1 CA 155 CITY COUNCIL MINUTES 317 SEPTEMBER 6, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NEGATIVE DECLARATION AND MAP. NO. 1012 - Filed on July 6, 1977 by Adams Properties, creating 4 Mi parcels; all proposed parcels to be used for industrial purposes; generally located on the north side of Juniper Avenue, 200 feet west of Susan Street. NEGATIVE DECLARATION AND MAP NO. 1013 - Filed on July 14, 1977 by Bekins Moving and Storage creating three C2 and one R3 and C2 parcels; all proposed parcels to be used for commercial uses; generally located on the west side of Main Street north of the Santa Ana Freeway. NEGATIVE DECLARATION AND MAP NO. 1014 - Filed on July 15, 1977 by Irvine Industrial Complex, creating 2 LM parcels; all proposed parcels to be used for industrial uses; generally located on the east side of Pullman Street, 430 feet south of Carnegie Avenue. NEGATIVE DECLARATION AND MAP NO. 1016 - Filed on August 2, 1977 by Shaw-Talbot-Caldwell creating 9 parcels; all proposed parcels to be used for industrial purposes; generally located on the south side of Warner Avenue 167 feet west of Yale Street. Councilman Ward registered a NO vote. (Agenda Item ? E) NEGATIVE DECLARATION AND MAP NO. 1017 ~ Filed on August 3, 1977 by Office Park Associates creating three SD parcels; all proposed parcels to be used for industrial and office uses; generally located on the west side of Newport Freeway north of Dyer Road offramp. AGREEMENTS Approved the following Agreements and authorized their execution by Mayor and Clerk: SOFTWARE PROGRAM SOURCES AND LISTINGS Between City and Digital Equipment Corporation to provide tapes for use with the Command and Control System. MAJOR DIVERSION PROGRAM - Two contracts between City and County to fund the program for an additional year. CA 25 A-77-98 A-77-99 CITY COUNCIL MINUTES 318 SEPTEMBER 6, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued HOLD HARMLESS - Between City and Lafayette Life Insurance to enable Lafayette to accept the current life insurance cards in the City's possession bearing the name of Safeco Life Insurance Company. HIGHWAY PROJECT ADMINISTRATION - Between City and County for City administration pertaining to the widening of Seventeenth Street between King Street and College Avenue under the Arterial Highway Financing Program. (AHFP #814) EVALUATION OF ORANGE COUNTY NARCOTIC INDEX - Between City and E. Fennessy Associates as the most responsive and responsible bidder on SPEC NO. 77-023. CA 88.80 A-77-102 A-77-103 BOARDS & COMMISSIONS Accepted with regret the resignation contained in the letter dated August 19, 1977 from Courtney R. Chandler, resigning as Director of the Orange County Water District's Board of Directors effec- tive September 1, 1977, and directed Staff to prepare an appropriate recognition of service. CA 12 LIABILITY CLAIMS Referred to Administration Claims received from August 9 to August 29, 1977. APPLICATION TO FILE LATE CLAIM Denied leave to file the following: APPLICATION FOR LEAVE TO FILE LATE CLAIM - Application and proposed claim of Michael B. Ward received July 27, 1977. COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. PROCLAMATIONS August 29, 1977. CA 65.7B CA 65.7 CA 80.2 Received and filed report of Proclamations issued by the Mayor from August 9 to CA 46 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * AGENDA ORDER ALCOHOLIC BEVERAGE LICENSE APPLICATION - HALE in the meeting. Consideration of the following Alcoholic Beverage License Application was postponed from the consent calendar to later HALE, Robert E. and Barbara D. 101 So. Harbor Boulevard - Person to Person Transfer - Type "40" On Sale Beer. (Agenda Item 4 A; Minutes Page 324) CITY COUNCIL MINUTES 319 SEPTEMBER 6, 1977 AGREEMENT - USE OF MUNICIPAL STADIUM APPROVED by the Rhinos Football Club the exception of the clause RHINOS FOOTBALL CLUB On the request of Councilman Yamamoto the agreement for use of the municipal stadium for three seasons was approved with permitting the sale of alcoholic beverages at games, on the motion of Councilman Brandt, seconded by Councilman Ward and carried S:0 unanimously. A subsequent motion by Councilman Brandt, seconded by Councilman Ortiz to permit the sale of alcoholic beverages at Rhino football games carried 4:1 with Councilman Yamamoto dissenting. A-??-100 (Agenda Item 12 C) READING WAIVED The motion of Councilman Ward to waive full read- ing of all ordinances and resolutions, the titles of which appear on the public Agenda, or which otherwise come before the Council and the titles of which are read, and to consider by title only, was seconded by Councilman Brandt, and carried unanimously 5:0. AGENDA ORDER Consideration of second ORDINANCE NS-1377 I~ISSIONS reading and adoption of CONTINUED TO EVENING MEETING the following ordinance was continued to the evening meeting on the unanimously approved 5:0 motion of Councilman Yamamoto, seconded by Mayor Evans: 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 COY~ERCIAL) USE DISTRICTS FOR AN INTERIM PERIOD PENDING AMENDMENT OF THE MUNICIPAL CODE. ORDINANCE NS-1380 The following ordinance ISSUANCE OF CITATIONS was placed on first FIRST READING reading on the unanimously carried 5:0 motion of Councilman Brandt, seconded by Councilman Yamamoto: ORDINANCE NO. NS-1380 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING SECTION 16-? AND ADDING SECTION 1-17 TO PROVIDE FOR THE AUTHORITY FOR CERTAIN PUBLIC OFFICERS AND EMPLOYEES TO ISSUE CITATIONS FOR VIOLATIONS OF PORTIONS OF THE SANTA ANA MUNICIPAL CODE CA 47 CA 79 ORDINANCE NS-1381 ABATEMENT OF PUBLIC NUISANCES FIRST READING was seconded by Councilman Ward and Councilman Brandt's motion to place the following ordinance on first reading carried 5:0 unanimously: ORDINANCE NO. NS-1381 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE IV, CONSISTING OF SECTIONS 17-60, 17-61 AND 17-62, TO CHAPTER 17 OF THE SANTA ANA MUNICIPAL CODE, PROVIDING FOR URGENCY ABATEMENT OF PUBLIC NUISANCES. CA 99 CITY COUNCIL MINUTES 320 SEPTEMBER 6, 1977 RESOLUTION 77-100 APPLICATION FOR FUNDS - CENTRAL COMMUNITY FACILITY - TABLED seconded by Councilman Hard: The following resolution was tabled on the unani- mously 5:0 carried motion of Councilman Brandt, RESOLUTION NO. 77-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR A NEEDS BASIS GRANT FOR A CENTRAL CO~4- MUNITY FACILITY FOR FISCAL YEAR 1977-78. CA 140.12 RESOLUTION 77-101 APPLICATION FOR FUNDS - SANTIAGO PARK - ADOPTED by Councilman Brandt: Council adopted the follow- ing resolution unanimously 5:0, on the motion of Councilman Ward, seconded RESOLUTION NO. 77-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR FISCAL YEAR 1977-78 FOR SANTIAGO PARK DEVELOPMENT. CA 52 CA 140.12 RESOLUTION 77-102 APPLICATION FOR FUNDS SOUTH PARK #4 - ADOPTED the following resolution: On the unanimously carried 5:0 motion of Councilman Brandt, seconded by Council- man Ward, Council adopted RESOLUTION NO. 77-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM (FOR SOUTH PARK #4). CA 52 CA 140.12 RESOLUTION 77-103 APPLICATION FOR FUNDS CENTENNIAL PARK - ADOPTED carried unanimously $:0: The motion of Councilman Brandt to adopt the follow- ing resolution was seconded by Councilman Ward, and RESOLUTION NO. 77-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE CENTENNIAL PARK PROJECT. CA 52 CA 113 RESOLUTION 77-104 APPLICATION FOR FUNDS PRENTICE PARK ZOO - ADOPTED by Councilman Ward: The following resolution was adopted by unanimous 5:0 vote, on Councilman Brandt's motion, seconded RESOLUTION NO. 77-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 77-51 AND APPROVING THE APPLICATION FOR 1976 STATE GRANT MONIES FOR THE PRENTICE PARK ZOO DEVELOPMENT PROJECT AND THE LA BONITA PARK DEVELOPMENT PROJECT. CA 52 · CA 113 CITY COUNCIL MINUTES 321 SEPTEMBER 6, 1977 REQUEST FOR TEMPORARY STREET CLOSURE F~THSTREET BETWEEN ~IN AND BUSH APPROVED SUBJECT TO STAFF CONDITIONS and Bush Street, by The First American the opening ceremonies of its expanded 1977, from 3:30 p.m. to 9:00 p.m., was On the motion of Councilman Brandt, seconded by Council-' man Ortiz and carried 4:0 unanimously, with Mayor Evans abstaining, the request for temporary closure of Fifth Street between Main Street Financial Corporation, for offices on September 29, approved subject to Staff recommendations and conditions. Mayor Evans abstained from the discussion and left the Council Chambers. Councilman Yamamoto pointed out that peak traffic conditions prevail during the period requested for closure and that traffic should be taken into con- sideration as a condition of approval. CA 45.1 NUCLEAR POWER PLANS The City Attorney was re- SUPPORTING RESOLUTION quested to prepare a REQUESTED Resolution in support of the position taken by the City of San Diego in favor of an amendment to Assembly Bill 1852 to amend Sections 25524.1 and 25524.2 of the California Public Resources Code that now impede or prevent the timely licensing of essential power projects, on the motion of Councilman Yamamoto, seconded by Councilman Brandt and carried 5:0 unanimously. The San Diego Resolution was transmitted to this City along with a letter dated August 26, 1977. CA 57 CALIFORNIA URBAN DEVELOPMENT STRATEGY RESOLUTION FOR EVENING MEETING REQUESTED On the motion of Councilman Brandt, seconded by Council- man Ward and carried 5:0 unanimously, the City Attorney was instructed to prepare a Resolution similar to Resolution No. 9169 opposing adoption of the draft report entitled "Urban Development Strategy for California", adopted by the City of Newport Beach, for consideration at the evening meeting. CA 113 INCREASED RATES FOR CIVIC CENTER PARKING LOT APPROVED half hour and a $3 maximum per day, Center Commission, was approved on seconded by Councilman Ward and carried S:0 unanimously. A rate increase for the Civic Center parking lot to 25¢ for the first hour, 25~ for each additional as recommended by the Civic the motion of Councilman Yamamoto, CA 77.5 LIABILITY CLAIMS SU~MARY A report prepared by G. David FISCAL YEAR 1976-77 AND Tayco, dated August 30, 1977, INTRODUCTION OF NEW showing the status of REPORTING FORMAT RECEIVED liability claims against the City received during fiscal year 1976-77 and introducing a new reporting format, was received and filed on the motion of Councilman Brandt, seconded by Councilman Yamamoto and carried 5:0 unanimously. CA 65.7b NAMING OF CENTER STREET PARK The recommendation in a REFERRED TO BOARD OF RECREATION report dated August 29, 1977, AND PARKS prepared by Jerry P. Brown, that the permanent name for the park at 2001 West Center Street be "Center Street Park" was referred back to the Board of Recreation and Parks for reconsider- ation and report on the motion of Councilman Ortiz, seconded by Councilman Brandt and carried 5:0 unanimously. CA 52 CITY COUNCIL MINUTES 322 SEPTEMBER 6, 1977 FEDERAL HIGHWAY ADMINISTRATION Appropriation Adjustment HIGH HAZARD PROGRAM #18 to transfer $131,500 APPROPRIATION ADJUSTMENT #18 from an anticipated APPROVED revenue account to an operating account for four street widening projects funded from a Federal Highway Administration program for elimination of high hazard locations, was approved on the motion of Councilman Brandt, seconded by Councilman Ward and carried 5:0 unanimously. CA 65.3 NEGATIVE DECLARATION AND On the motion of Council- APPEAL NO. 377 OF VARIANCE 77-14 man Ward, seconded by APPEAL NO. 377 DENIED Councilman Brandt and carried 4:1 with Councilman Yamamoto dissenting, Negative Declaration 77-63 was approved and filed and Appeal No. 377 of the approval of Variance Appli- cation No. 77-14 was denied and the Planning Commission decision affirmed. The City Attorney was directed to prepare a Resolution denying Appeal No. 377 and affirming the decision of the Planning Commission to approve Variance Application No. 77-14 (2201 E. Wellington) ' CA 13.3 REMOVAL OF PARKING ON On the recommendation of WASHINGTON AVENUE BETWEEN Traffic Engineer, Joe Foust, MAIN STREET AND LINCOLN AVENUE in his report dated August HEARING SET FOR OCTOBER 3, 1977 30, 1977, a public hearing was scheduled for October 3, 1977, to consider the removal of parking on Washington Avenue between Main Street and Lincoln Avenue, on the motion of Council- man Brandt, seconded by Councilman Ortiz and carried 5:0 unani- mously. CA 18 PROJECT 6098 - CABRILLO PARK A payment of $2,947.50 to TENNIS CENTER PHASE II CLAIM Omega Landscape Company AGAINST CITY PAYMENT APPROVED for costs incurred during the construction of Project 6098, Cabrillo Park Tennis Center, Phase II, with the conditions recommended by John J. Prendergast in his report dated August 11, 1977, was authorized on the motion of Councilman Ward, seconded by Councilman Brandt and carried S:0 unanimously. CA 89 WATER CONSERVATION PROGRAM On the motion of Councilman STATUS REPORT Yamamoto, seconded by Council- FILED man Ward and carried 5:0 unanimously, a report pre- pared by John E. Stevens, Public Works Director, dated August 29, 1977, giving the status of the City's water conservation program, was received and filed. CA 12 At 3:05 p.m. Councilman John Garthe joined the meeting. ASSUMPTION OF A TOTAL SELF-INSURANCE PROGRAM FOR WORKERS' COMPENSATION APPROVED City Manager, man Yamamoto, mously. A self-insurance program for workers' compensation liability as outlined in a report dated August 30, 1977, prepared by Deputy G. David Tayco was approved on the motion of Council- seconded by Councilman Ortiz and carried 6:0 unani- CA 88.50 CITY COUNCIL MINUTES 323 SEPTEMBER 6, 1977 / NAMING OF MUNICIPAL STADIUM At the request and on the REFERRED TO BOARD OF RECREATION motion of Councilman Brandt, AND PARKS ~ seconded by Councilman Ortiz, carried 5:1 with Councilman Yamamoto dissenting, the Board of Recreation and Parks was re- quested to consider a new name for the City's Municipal Stadium and submit its report and recommendation to Council. CA 52.8 ACQUISTION OF OLD PACIFIC ELECTRIC RIGHT-OF-WAY BY ORANGE COUNTY TRANSIT DISTRICT MAYOR AUTHORIZED TO EXPRESS APPRECIATION A letter from the Mayor to the Chairman of the Board of Directors of the Orange County Transit District expressing the City's appreciation for the Board ts efforts to purchase the abandoned Pacific Electric Right-of-Way between Santa Ana and Los Angeles was authorized on the motion of Councilman Brandt, seconded by Councilman Garthe and carried 6:0 unanimously. CA 112.2 POLICE AND FIRE VALIDATION AGREEMENT FOR PROFESSIONAL SERVICES APPROPRIATION ADJUSTMENT #19 APPROVED An agreement between the City and Biddle and Asso- ciates for the development of a personnel selection program was approved and its execution by the Mayor and Clerk authorized on the motion o£ Councilman Garthe, seconded by Councilman Ward and carried 5:1 with Mayor Evans dissenting. Appropriation Adjustment #19 transferring $19,160 from Council Contingency to Personnel Administration account for the professional personnel services was approved on the motion of Councilman Brandt, seconded by Councilman Garthe and carried 5:1 with Mayor Evans dissenting. A 77-104 CA 65.3 "ROBERTO DE LA MADRID WEEK" RESOLUTION NO. 77-105 A RESOLUTION NO. 77-105 ADOPTED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA HONORING ROBERTO DE LA MADRID, NEWLY ELECTED GOVERNOR OF BAJA, CALIFORNIA NORTE, MEXICO, AND PROCLAIMING THE WEEK OF SEPTEMBER 25 THROUGH 30 AS "ROBERTO DE LA MADRID WEEK" IN THE CITY OF SANTA ANA was adopted on the motion of Councilman Yamamoto, seconded by Councilman Ward and carried 6:0 unanimously. CA 151 At 3:20 p.m. Councilman Bricken joined the meeting. CA ?3B ABC LICENSE APPLICATION The following Application FILED for Alcoholic Beverage License, held over from the Consent Calendar as Item 4A, was received and filed on the motion of Councilman Ward, seconded by Councilman Ortiz and carried 4:3 with Council- men Brandt, Yamamoto and Bricken dissenting: CA 146 HALE, Robert E. and Barbara D. - 101 South Harbor Boulevard - Person to Person Transfer - Type "40" On Sale Beer. (Agenda Item 4 A) RECESS was reconvened. At 3:22 p.m. the Council meeting was recessed; at 3:28 p.m. the meeting CITY COUNCIL MINUTES 324 SEPTEMBER 6, 1977 ORAL COMMUNICATION Councilman John Garthe USED CAR SALES IN voiced his concern about PARKING LOTS the large number of vehicles advertised for sale on various parking lots in the City. He cited the corners of 17th and Flower Streets, MacArthur and Bristol Streets, and Bristol and Warner Streets. Mayor Evans asked that appropriate action be taken to remove any illegal private sale of vehicles. ORAL COMMUNICATION ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES DUES QUARTERLY PAYMENT AUTHORIZED use of parking lots for CA 10.2 CA 18.7 On the motion of Councilman Ward, seconded by Councilman Brandt and carried 6:1 with Councilman Ortiz dissenting, membership dues payable to the Orange County Division, League of California Cities, were authorized to be paid quarterly, to afford Council the opportunity to reassess its position in three months. CA 148.1 ORAL COMMUNICATION Councilman Bricken stated COUNCIL AGENDA FOR FOURTH that he felt that the TUESDAY REGULAR MEETING original intent to schedule a study session at the regular City Council meeting on the fourth Tuesday of the month had been lost; that Council should reaffirm its position on the purpose of that meeting and that if the Redevelopment Agency meeting is short, Council could discuss subjects designated as study items. Councilman Garthe suggested that the Housing Authority meeting be re-scheduled for the fourth Tuesday. Mayor Evans asked that a Resolution to change the meeting day of the Housing Authority be prepared for consideration. CA 80 CA 75.5 ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES GENERAL MEETING OCTOBER 20 SANTA ANA TO HOST League of California Cities, Museum. The meeting will be President, City Manager, Bruce Spragg, announced that with Council's approval invitations are being prepared to host the General Meeting of the Orange County Division, on October 20, 1977, at Bowers chaired by the newly-elected Councilman John Garthe. CA 148.1 RECESS At 3:47 p.m. the Council EXECUTIVE SESSION meeting was recessed; at 3:55 p.m. the meeting was reconvened and immediately recessed for an Executive Session to consider pending litigation; at 4:10 p.m. the meeting was reconvened and immediately recessed for dinner; the meeting was again reconvened at 7:30 p.m. with all Councilmen present. PLEDGE OF ALLEGIANCE TO THE FLAG INVOCATION of the First General Bapti~tChurch. Following the Pledge of Allegiance to the Flag, the Invocation was given by Reverend Bob Harber CA 80.17 CERTIFICATE OF APPRECIATION Lynda Ferris was not TO LYNDA FERRIS FOR SERVICE present to receive the ON BOARD OF RECREATION AND PARKS City's Certificate of Appreciation for her service on the Board of Recreation and Parks. Mayor Evans announced that the Certificate would be mailed to her. CA 52.2 CITY COUNCIL MINUTES 325 SEPTEMBER 6, 1977 ...... III I I iI i I ~ PUBLIC HEARING NEGATIVE DECLARATION AND AMENDMENT APPLICATION 768 ORDINANCENO. NS-1382 FIRST READING located at the west terminus Lincoln Street, from the A1 General Agriculture to Single Family Residential District. Mayor Evans announced that this was the time and place for the public hearing of Negative Declaration and Amendment Application 768 to rezone property of Virginia Avenue, west of the Ri Charles Zimmerman, Planning Director, stated that a condition attached to the subdivision Tentative Tract Map 9696 required that the zone be modified from A1 to Ri; that the low density residential would be in conformity with the general plan; and that the Planning Commission approved the zone change at its August 8, 1977 meeting where there were no objections. There was no response to the Mayor's request for speakers on this subject and he closed the public hearing: On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 7:0 unanimously, the Negative Declaration was approved and filed and Ordinance No. NS-1382 as follows was placed on first reading: ORDINANCE NO. NS-1382 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 768 TO REZONE PROPERTY LOCATED AT 901-914 VIRGINIA AVENUE FROM THE A-1 (GENERAL AGRICULTURE) DISTRICT TO THE R-1 (SINGLE FAMILY RESIDENTIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP 6-5-9. CA 10 PUBLIC HEARING NOTICE OF EXEMPTION AND APPEAL NO. 381 OF THE DENIAL OF MINOR EXCEPTION ??-18 DENIED 77-18 to allow expansion of a bar existing Street within 300 feet of residences. Mayor Evans announced that this was the time and place for the public hearing of Notice of Exemption and Appeal No. 381 of the denial of Minor Exception at 417 North Raitt Charles Zimmerman, Planning Director, stated that on August 15, 1977, Council authorized a rehearing and that there was one letter in opposition to the Minor Exception, but no objections at the meeting of August 1, 1977. Speaking in favor of the Minor Exception was: Francisco Firmat, Attorney for Appellant, 1170 Civic Center Drive West Mr. Firmat stated that the bar had been in its present loca- tion for 22 years; that the owners rent a home that is on Fifth Street within 300 feet of the bar; and that no opposition has been received by the owners from residents within 300 feet. Speaking in opposition to the Minor Exception was: J. Ogden Markel, representing the Saint Francis Rest Home Mr. Markel stated that the Rest Home future development and that they are bar. had purchased the corner for opposed to expansion of the CITY COUNCIL MINUTES 326 SEPTEMBER 6, 1977 Charles Zimmerman, Planning Director, stated that the written communication received in opposition to the Minor Exception was received from Raymond Hernandez of 515 North Raitt Street. On the motion of Councilman Ward, seconded by Councilman Yamamoto, carried 5:2 with Councilmen Ortiz and Bricken dissenting, the Notice of Exemption was approved and filed and the City Attorney directed to prepare a Resolution denying Appeal No. 381 of the denial of Minor Exception 77-18 and affirming the decision of the Zoning Administrator. A prior motion by Councilman Ortiz, seconded by Councilman Bricken, to grant the appeal was defeated 2:5 with Councilmen Ward, Brandt, Garthe, Yamamoto and Mayor Evans dissenting. CA 13.5 HEARING TO DETERMINE PUBLIC INTEREST AND NECESSITY FOR CONDEMNATION OF REAL PROPERTY AT 4505 WEST FIRST STREET FOR A PARKING LOT FOR THE NEWHOPE BRAN(lqLIBRARY CONTINUED Newhope Branch Library. Mayor Evans announced that this was the time and place for the hearing of the public interest and necessity to acquire by condemnation the real property known as 4505 West First Street for a parking lot for the John Stevens, Public Works Director, stated that the Newhope Branch Library is under construction and due to open in February, 1978; that during the process of design the library was enlarged and it became apparent that there would not be sufficient space for adequate parking; that the owner of a 30 foot strip of prop- erty south of the library site was willing to sell his property, however it would only provide nine additional spaces; that efforts have been made to purchase the entire corner parcel without success; and that due to the construction schedule of the library, it is desirable that a condemnation procedure be commenced. Speakers against the public interest and necessity for condem- nation of real property were: George A. Pearson, 7340 Florence Avenue, Suite #206, Downey Thomas G. Baggot, 523 West Sixth ~treet, Los Angeles, representing Target Gas Stations Mr. Pearson recounted the various contacts made by the City to purchase his property. Mr. Baggott pointed out that there is vacant property to the west of the library; that there is a good business on the corner property which is the subject of the condemnation. Persons speaking in favor of the public interest and necessity were: Bob Kohl, 1901 West Glenwood Place, representing the Santa Ana Library Board Patricia McGuigan, 5642 Keelson Avenue Roy Uno, 4405 Sunswept Mike M. Leanos, 4701 West McFadden Helen J. Lynch, 1915 West McFadden Mary Riddell, 908 Freeman Street, representing Friends of the Library Betty Shepard, 1214 West Bishop Street, representing A.A.U.W. Cipriano Castillo, Principal Rosita School The speakers emphasized the other uses such as community meetings to be made of the library facility and the great need for adequate parking; and that the library cannot serve the public need when it opens without sufficient parking space. CITY COUNCIL MINUTES 327 SEPTEMBER 6, 1977 Assistant City Manager, Ronald Wolford, stated that the plan for parking had included the acquisition of additional prop- erty when funding became available. On the motion of Councilman Bricken, seconded by Councilman Ward and carried 7:0 unanimously, the hearing was continued to October 3, 1977. The continuance was given to afford Staff and the property owners to negotiate further and for Staff to exhaust all other CA 71 remedies prior to condemnation proceedings. CA 56 PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS TO ASSIST THE ORANGE COUNTY FAIR HOUSING COUNCIL ALLOCATION AUTHORIZED funds Mayor Evans announced that this was the time and pl.ace for the public hearing to consider appropriation of Community Development Block Grant Contingency to assist the Orange County Fair Housing Council. Assistant City Manager, Ronald Wolford, stated that on May 24, 1977, Mr. Bill McCue, Executive Director of the Orange County Fair Housing Council came before the City Council to request funding assistance for the operation of the program during the current fiscal year; that Council directed that the required ~ublic hearings be held; and that Staff recommendation was that 10,000 be allocated. Mr. Bill McCue, Executive Director of the Orange County Fair Housing Council was present to answer any questions. There were no other speakers. CA 112.15 CA 140.20 On the motion of Councilman Bricken, seconded by Councilman Ward, carried 6:1 with Mayor Evans dissenting, an agreement with the Orange County Fair Housing Council allocating $10,000 from Community Development Block Grant Contingency Funds to assist in funding Council programs for the fiscal year 1977-78 was approved and its execution by the Mayor and Clerk authorized. ORAL COM~FgNICATION ASSISTANCE LEAGUE FOR THE MEXICAN AMERICANS MEXICAN INDEPENDENCE DAY PARADE WAIVED FEES FOR SHOWMOBILE Fees were waived for the for the use of the show- mobile by the Assistance League for Mexican Americans to be used on September 17, 1977, during the annual Mexican Independence Day parade and celebration, on the motion of Councilman Bricken, seconded by Councilman Yamamoto and unanimously 7:0 carried. The request for the waiver of fees was made by Mr. Dan Salceda speaking for the A.L.M.A organization. CA 52 ORAL COMMUNICATION: REQUEST FOR RECONSIDERATION OF VARIANCE APPLICATION 76-58 DENIED WAIVER OF FEE A request to reconsider the denial of Variance Application 76-58 was made by Mr. Ken Meier. City Attorney, Keith Gow, advised Council that due to the changed conditions described by Mr. Meier, a new variance application would be required. Mr. Meier then asked that the Council waive the variance application fee for the new application. A motion by Councilman Bricken, seconded by Councilman Yamamoto to grant the request to waive the fee failed on a 2:5 vote with Councilmen Ward, Brandt, Garthe, Ortiz and Mayor Evans dissenting. (1101 West Sant~ Ana Blvd.) CA 13.3a CITY COUNCIL MINUTES 328 SEPTEMBER 6, 1977 PROHIBITION OF NEW USE OF PROPERTY AS A MISSION IN THE C1 AND C2 USE DISTRICTS - ORDINANCE NO. NS-1377 TABLED; STAFF TO ASSIST MISSION TO RELOCATE Ordinance No. NS-1377 as follows was tabled on the motion of Councilman Yamamoto, seconded by Councilman Brandt and carried 7:0 unanimously: ORDINANCE NO. NS-iS77 - AN ORDINANCE OF THE CITY OF SANTA ANA PROHIBITING NEW USE OF PROPERTY AS A MISSION IN THE C1 (CO~UNITY COMMERCIAL) AND C2 (GENERAL COMMERCIAL) USE DISTRICTS FOR AN INTERIM PERIOD PENDING AMENDMENT OF THE MUNICIPAL CODE Ruby Epps, 626 North Jackson, informed Council that on September 6, 1977, the Carpenters Union and the Rescue Mission mutually withdrew from the escrow for sale of the property to the Rescue Mission; that an escrow had been opened for sale of the property to the Assembly of God Church. A further motion made by Councilman Bricken, seconded by Council- man Ward and unanimously 7:0 carried directed Staff to initiate once again the process of working with the Mission to attempt to relocate in a manner consistent with current policies of the Council. CA-7-8 CA 82.6 A letter from the Carpenters Union dated September 6, 1977, advising of the termination of the escrow with the Rescue Mission was received and filed on the motion of Councilman Ortiz, seconded by Councilman Brandt and carried 7:0 unanimously. OPPOSITION TO ADOPTION OF THE DRAFT REPORT ENTITLED "URBAN DEVELOPMENT STRATEGY" FOR CALIFORNIA RESOLUTION NO. 77-107 ADOPTED RESOLUTION NO. 77-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING ADOPTION OF THE DRAFT REPORT EN- TITLED "URBAN DEVELOPMENT ADJOURNMENT STRATEGY" FOR CALIFORNIA was adopted on the motion of Councilman Brandt, seconded by Councilman Ortiz and carried 7:0 unanimously. CA 113 At 9:00 p.m. the City Council meeting was ad- journed to September 1S, 1977 at 4:30 p.m. by unanimous informal consent. !%ORENCE I. MALONE FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 329 SEPTEMBER 6, 1977