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HomeMy WebLinkAbout11-07-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 7, 1977 The meeting convened at 2:00 P.M. in the City Council Chambers, 22 Civic Center Plaza, and was called to order by Mayor Vernon S. Evans. The following Council members responded to roll call: David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, James E. Ward, and Mayor Evans. Councilman Bricken arrived at 2:50 P.M. Also present were Staff members City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Assistant City Manager Ronald Wolford, Director of Public Works John E. Stevens, Plan- ning 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 Mayor Evans. CONSENT CALENDAR Councilman David F; Ortiz ITEMS REMOVED requested removal of & DISSENTING VOTES Items 12 B and 12 I from the Consent Calendar. Item 12 D was removed by Councilman Ward. Dissenting votes were as follows: 4 A, 4 B, 4 E, 12 F, by Councilman Yamamoto; 5 A by Mayor Evans; 4 E by Councilman Ward. Mayor Evans abstained from voting on Item 3 D, and Councilman Ward abstained on Item 12 G. Item 12 B was continued to the evening meeting (motion follows). CONSENT CALENDAR On the unanimously approved STAFF RECOMMENDATIONS 6:0 motion of Councilman APPROVED Ward, seconded by Councilman Garthe, Council approved the Staff recommendations on the following Consent Calendar items, and continued Item 12 B to the evening Agenda: MINUTES Approved the Minutes of the Regular Meetings of October and October 17, 1977. BID CALLS Approved plans and specifications, and authorized advertisement for bids on the following: SPEC 77-059 - Two vans for Public Works inspectors. SPEC 77-062 - Two office trailers for the corporation yard. SPEC 77-071 - Two compact automobiles. SPEC 77-075 - One breath analyzer. CA 89 CITY COUNCIL MINUTES 387 NOVEMBER 7, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Continued BID AWARDS Awarded the following on basis of lowest responsible and best bidder: SPEC 77-040 Thirty-six sedan automobiles for patrol; awarded to Jack White Pontiac, Inc., Anaheim, in the total amount of $211,464.78, including engine oil cooler. SPEC ??-047 Tree trimming in Quadrant B; awarded to Los Arboles Nursery, Ventura, for the base bid and add-on alternate #1 in the total amount of $53,505.00. Rejected the bid from Artesia Implement as non-responsive the specification; and awarded the following on basis of lowest responsible and best bidder: to SPEC 77-058 One tractor loader; awarded to Milo Equipment Corp., Santa Aha, in the total amount of $16,700.00. Awarded the following on basis of site survey conducted by Purchasing and Property Control Officer finding best loca- tion and maximum space at lowest cost: SPEC ??-069 Office space at 902 N. Main St. for Manpower and Housing; approved assignment of lease by First American Financial Corporation, Santa Aha, to City in amount of $1,800 per month for building and $265.00 per month for air conditioning improvement and service, for a total monthly payment of $2,065.00, effective December 1, 1977 through April 1, 1979. Mayor Evans abstained from voting because of his affiliation with First American Title Company. (Agenda Item 3 D) Approved extension of Orange County Cooperative Fire Hose Contract #C65330 with the American Rubber Company, Santa Fe Springs to purchase the following, pursuant to cost comparison analysis conducted by Purchasing and Property Control Officer: SPEC 77-077 - Annual replacement of fire hose. Awarded the following on basis of only responsible bidder: PROJECT 8313 - Annual median maintenance; awarded to Austin Maintenance, Inc., Santa Monica, in the total amount of $38,000.04, including the add-on alternates. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: TOMAS, Zvonko 1927 West 17th Street- Person to person transfer - Type "20" off-sale beer and wine. Council- man Yamamoto registered a NO vote. (Agenda Item 4 A) GALINDO, Jesus R. 1941 West Fifth Street - Person to Person transfer Type "40" on-sale beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 B) HUEBNER, Glen - 1211 West Memory Lane - Person to Per- son transfer - Type "41" on-sale beer and wine. CA 146 ANDRADE, Pedro R. and Quintero, Lucio 2525 Westmins- ter (17th Street) Original - Type "40" on-sale beer. PROTEST - PLANNING (Minor Exception Required). CA 146.1 CITY COUNCIL MINUTES 388 NOVEMBER ?, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued MARQUEZ, Paul F. 807 South Main Street Original - Type "40" On-sale beer. Councilmen Ward and Yamamoto registered NO votes. (Agenda Item 4 E) DE SANTIS ENTERPRISES, INC. - 315 West l?th Street Original Type "41" on-sale beer and wine. CA 146 VARIANCES Approved and filed Negative Declaration or Notice of Exemp- tion, as applicable, and Findings of Fact by Planning Commission on the following: NEGATIVE DECLARATION & VA 77-54 - Filed by U.S. Department of Housing and Urban Development (HUD) to allow continued operation of a child development center without providing for on-site parking at 2105-2107 West Myrtle Street in the R3 District. APPROVED. Mayor Evans registered a NO vote. (Agenda Item 5 A) NOTICE OF EXEMPTION & VA 77-58 - Filed by Exxon Corporation to allow canopy signs and under-canopy pole signs on an existing service station at 101 West First Street in the C3 HDII District. APPROVED. CA 13 DEED WITH CASH & Approved the following deed ESCROW - GRANTEE CITY and authorized Mayor to sign all necessary documents in connection with the purchase: THE KROGER COMPANY - West side of Flower south of 17th for street purposes. CA 155 DEED, NO CASH GRANTOR CITY Authorized execution of the following deed by Mayor and Clerk: COUNTY OF ORANGE - North one/half of Sixth Street east of Flower (Civic Center) to convey title to County. 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 requirements on Maps 1027, 1029, 1030: TPM 1002 (Revised) - Filed on September 16, 1977 by Madco Enterprises creating two MI parcels; both proposed parcels are to be used for industrial purposes; generally located on the south side of Sixth Street, 450 feet west of Hawley Street. TPM 1025 - Filed on September 21, 1977 by Jack Davis creating two R2 and one Ri parcel; both proposed parcels to be used for residential and commercial (Variance 77~17) purposes; generally located on the northeast corner of Washington Place and Grand Avenue. CITY COUNCIL MINUTES 389 NOVEMBER 7, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued TPM 1026 - Filed on September 30, 1977 by Warner- Fairview Business Park, Ltd. creating ten Mi parcels; all proposed parcels to be used for industrial pur- poses; generally located on the northwest corner of Warner Avenue and Fairview Street. TPM 1027 - Filed on October 3, 1977 by Anvil Insurance Company creating one C1 and Ri and one Ri parcels; proposed parcel 1 is used for a single family residence and parcel 2 is to be used for office purposes; gener- ally located on the south side of 17th Street, 289 feet west of Freeman Street. TPM 1029 - Filed on October 12, 1977 by Fairview Investments creating one LP and C1 parcels; proposed parcel 1 is an existing office building and parcel 2 is an existing hospital; generally located on Fair- view Street between 17th Street and Edna Drive. TPM 1030 - Filed on October 12, 1977 by Robert Boyd creating one C1 and one Ri parcels; both proposed parcels to be used for residential purposes; gener- ally located on the south side of 17th Street, 344 feet east of English Street. CA 25 FINAL TRACT MAP the amounts set, sion agreement: Approved the following map, accepted the dedications thereon, and the bonds in and authorized execution of the subdivi- TRACT MAP 9754 - West side of Fairview Street north of Westminster Avenue; 16 lots. CA 24 SURPLUS PROPERTY Determined that the following property is surplus and that there is no present or prospective use to which the City may put said property; and authorized sale at public auction or sealed bid auction, per Code Section 2-706 or demolition if no bid, of the following: SPR NO. 77-1 - 919 North Flower - 981 square foot single family residence and garage. SPR NO. 77-2 921 North Flower - 897 square foot single family residence and garage. CA 45 Determined that the following property is surplus and that there is no present or prospective use to which the City may put said property; and authorized demolition of the residences due to age and general dilapidated condition of the structures: SPR NO. 77-5 - 805 North Flower Street foot single family residence. 1,067 square SPR NO. 77-6 - 815 North Flower Street - 800 square foot single family residence. SPR NO. 77-7 - 813 North Flower Street - 954 square foot single family residence. CITY COUNCIL MINUTES 390 NOVEMBER 7, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPR NO. 77-8 - 809 North Flower Street - 909 square foot single family residence and garage. SPR NO. 77-9 - 807 North Flower Street - 840 square foot single family residence and garage. SPR NO. 77-10 817 North Flower Street - 732 square foot single family residence and garage. CA 45 AGREEMENTS Approved the following agree- ments and authorized execution by Mayor and Clerk: SANTA ANA ANNUAL FROLIC PARADE - Between the City and the Santa Ana Junior Chamber of Commerce authorizing a City contribution in an amount not to exceed $2,500 to defray a portion of the costs of advertising, pre- paring for, and holding the 1977 Santa Ana Annual Frolic Parade. (Christmas Parade) A-77-117 ENGINEERING SERVICES FOR TRAFFIC SIGNAL INSTALLATIONS (PROJECTS 8150, 5048 & 5049) Between City and Mohle, Perry and Associates for planning, designing and assist- ing the City through the construction phase of the Projects. Councilman Yamamoto registered a NO vote. (Agenda Item 12 F) A-77-122 PARK-AND-RIDE FACILITY AGREEMENT AMENDMENT - Between City and the Orange County Transit District modifying the previous agreement of May 24, 1977 regarding the parking structure site plan and providing a method to pay for expenditures of the City prior to conveying fee interest in the land. Councilman Ward abstained from voting because of his affiliation with Blurock, the architectural firm for the project. (Agenda Item 12 G) A-77-123 FUNDING OF PERFORMING ARTS CENTER - Between City and Hale Hanson Associates to perform a study by contacting possible donors for the Performing Arts and evaluating their interest in the Performing Arts Center Project. A-77-124 Approved the following agreement, and authorized execution by Mayor and Clerk, subject to the following contingencies: 1) That the County construct a six-foot solid block wall on the westerly property line; and 2) That the County take all necessary actions to eliminate or reduce as much as possible any potential adverse environmental impacIs from the construc- tion of this street entrance and new County parksite: IMPROVEMENT OF THE SOUTH SIDE OF GARDEN GROVE BOULEVARD BETWEEN THE SANTA ANA RIVER AND 429 FEET WEST - Between City and County to provide for construction by the County and maintenance by the City. A-77-119 LIABILITY CLAIMS Referred to Administration Claims received from October 11 to October 31, 1977. CA 65.7B CITY COUNCIL MINUTES 391 NOVEMBER 7, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued COUNCIL REFERRAL SUMMARY R~ceiyed and filed status report of items referred to Staff by Council. CA 80.2 PROCLAMATIONS ber 31, 1977. Received and filed report of Proclamations issued by the Mayor from October 11 to Octo- CA 46 CONSENT CALENDAR FINIS AGENDA ORDER - AGREEMENT AD 241 ENGINEERING SERVICES CONTINUED TO EVENING AGENDA The following agreement was continued to the evening Agenda by a prior motion (Minutes Page 408): ASSESSMENT DISTRICT 241 ENGINEERING SERVICES (NORTHEAST SANTA ANITA) Between City and Governmental Professional Services to perform surveying, design services and preparation of an assessment district map and assessment diagram. (Agenda Item 12 B) AGREEMENT - ANNEXATION OF Councilman Ward's motion NEWHOPE LIBRARY SITE - PROJ. 8505 to install a sewer line CONDITIONALLY APPROVED to connect to the Santa Ana Sanitary District if funds are available in the construction budget; and otherwise to approve the following and authorize execution of the lease agreement, and all documents necessary for annexation to the Garden Grove Sanitary District, by Mayor and Clerk; was seconded by Councilman Yamamoto, and carried 4:2, with Councilmen Brandt and Garthe dissenting: ANNEXATION OF NEWHOPE BRANCH LIBRARY SITE TO GARDEN GROVE SANITARY SEWER DISTRICT (PROJECT 8505): 1) Lease Agreement between the City and District for interim use of sanitary sewer service; 2) Petition for Annexation of Territory to the Garden Grove Sanitary District; 3) Request for Annexation or Lease. (Agenda Item 12 D) A-77-120 CA 94 AGREEMENT - TRAFFIC SIGNALS The motion of Councilman PROJECT 8139 & 8152 Garthe, seconded by Council- BERRYMAN & STEPHENSON - APPROVED man Brandt, to approve the following agreement and authorize execution by Mayor and Clerk, carried 5:1, with Council- man Yamamoto dissenting: ENGINEERING SERVICES FOR TRAFFIC SIGNAL INSTALLATIONS (PROJECT 8139 & 8152) - Between City and Berryman and Stephenson for planning, designing and assisting the City through the construction phase of the Projects. (Agenda Item 12 E) A-77-121 CITY COUNCIL MINUTES 392 NOVEMBER 7, 1977 AGENDA ORDER - NEW ITEM Council approved and filed MINOR EX 77-26 - 2610 W. EDINGER the Notice of Exemption and APPROVED Zoning Administrator Finding of Fact for the following, on the motion of Councilman Brandt, seconded by Councilman Ward, and carried 5:1, with Councilman Yamamoto dissenting: MINOR EXCEPTION 77-26 Filed by Chung Tai Doan to allow on-sale beer and wine in an existing restaurant (Mekong) at 2610 W. Edinger, within 300 feet of residences, in the C1 District. APPROVED. CA 13.2 AGREEMENT - BENCH AD CO. On the motion of Council- ADVERTISING CILMPAIGN man Ward. seconded bv APPROVED Councilman Yamamoto, and unanimously carried 6:0, Council approved the following agreement and authorized its execution by Mayor and Clerk: BUS BENCH ADVERTISING CAMPAIGN FOR DRINKING DRIVER TEAM ENFORCEMENT PROGRAM - Between City and Bench Ad Company to advertise on 40 benches for twelve months. (Agenda Item 12 I) A-77-125 READING WAIVED Councilman Brandt's motion to waive full reading 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 Ortiz, and carried unanimously 6:0. ORDINANCE NO. NS-1386 AN ORDINANCE OF THE CITY A.A. 769 - SD #10 NORTH GRAND OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. 769 TO REZONE PROPERTY LOCATED AT 902 NORTH GRAND AVENUE FROM THE R3 (MEDIUM DENSITY MULTIPLE FAMILY RESIDENCE) DISTRICT TO THE SD (SPECIFIC DEVELOP- MENT) DISTRICT, AMENDING SECTIONAL DISTRICT MAP NO. 7-5-9, AND ADOPTING SPECIFIC DEVELOPMENT PLAN #10 was placed on second reading and adopted by unanimous 6:0 vote, on the motion of Councilman Ward, seconded by Councilman Garthe. CA 10; CA 78.10 ORDINANCE NO. NS-1390 SUBDIVISION MAP ACT FIRST READING 34-106, 34-119, 34-120, 34-176, SECTIONS 34-98, 34-99, 34-101, 34-108, 34-109, 34-181, 34-185, AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 34-2, 34-3, 34-11, 34-100, 34-105, AND 34-184, AND REPEALING 34-102, 34-103, 34-104, 34-107, 34-186, 34-187, 34-188, 34-189, AND 34-190 OF THE SANTA ANA MUNICIPAL CODE TO CONFORM THE SUBDIVISION ORDINANCE OF THE CITY OF SANTA ANA WITH THE STATE SUBDIVISION MAP ACT was placed on first reading on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Yamamoto. CA 25.1 ORDINANCE NO. NS-1391 AN ORDINANCE OF THE CITY ADMINISTRATIVE DETERMINATIONS OF SANTA ANA ADDING SEC- FIRST READING TION 1-17 TO THE SANTA ANA MUNICIPAL CODE, PERTAINING TO TIME LIMITATION FOR SEEKING REVIEW OF ADMINISTRATIVE DETERMIN- ATIONS was placed on first reading on Councilman Brandt's motion, seconded by Councilman Garthe, and carried 5:1, with Councilman Yamamoto dissenting. CA 79; CA 80 CITY COUNCIL MINUTES 393 NOVEMBER 7, 1977 RESOLUTION NO. 77-120 A RESOLUTION OF THE CITY HONORING REV. MOOMAW COUNCIL OF THE CITY OF ADOPTED SANTA ANA HONORING REVEREND DONN D. MOOMAW AS THE 1977 SPORTSMAN OF THE YEAR was adopted 6:0 unanimously on the motion of Councilman Brandt, seconded by Councilman Ward. CA 73B RESOLUTION NO. 77-1~1 A RESOLUTION OF THE CITY EX 77-20 1400 W. MC FADDEN COUNCIL OF THE CITY OF ADOPTED SANTA ANA AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR AND APPROVING MINOR EXCEPTION NO. 77-20 TO ALLOW ON-SALE BEER IN AN EXISTING RESTAURANT AT 1400 WEST MC FADDEN AVENUE was adopted on the unanimously carried 6:0 motion of Councilman Garthe. seconded bv Councilman Ward. CA 13.5A RESOLUTION NO. 77-122 A RESOLUTION OF THE CITY CUP 77-25 - 2129 W. EDINGER COUNCIL OF THE CITY OF ADOPTED SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 77-25 TO EXPAND AN EXISTING PRE-SCHOOL AT 2129 WEST EDINGER AVENUE was adopted on the motion of Councilman Ward, seconded by Councilman Brandt, and carried unanimously 6:0. CA 13.4A AGENDA ORDER - CUP 77-24 A motion to reconsider the RESOLUTION NO. 77-123 Council's action on CONTINUED TO LATER IN MEETING October 17, 1977, denying Conditional Use Permit 77-24 was made by Councilman Brandt, seconded by Councilman Yamameto, and carried 4:2, with Councilman Ward and Mayor Evans dissenting. The following resolution was continued to the evening Agenda on the unanimously approved 6:0 motion of Councilman Ward, seconded by Councilman Garthe: RESOLUTION NO. 77-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVERSING THE ACTION OF THE PLANNING COMMISSION ON CONDITIONAL USE PERMIT NO. 77-24, TO ALLOW A HOME FOR THE ELDERLY UP TO SIX PERSONS IN THE RI DISTRICT AT 2055 SOUTH TOWNER, AND DENYING SAID CONDITIONAL USE PERMIT. (Minutes Page 407) CA 13.4A RESOLUTION NO. 77-124 A RESOLUTION OF THE CITY MINOR EX 77-25 2530 W. CENTRAL COUNCIL OF THE CITY OF ADOPTED SANTA ANA AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR DENYING MINOR EXCEPTION NO. 77-25 TO ALLOW A 12-FOOT HIGH FENCE FOR A RECREATION COURT IN THE R1-PRD DIS- TRICT AT 2530 WEST CENTRAL AVENUE AND DENYING APPEAL NO. 382 was adopted by unanimous 6:0 vote, on Councilman Brandt's motion, seconded by Councilman Garthe. CA 13.5 RESOLUTION NO. 77-125 A RESOLUTION OF THE CITY DEANNEXATION - N. OF EDINGER COUNCIL OF THE CITY OF E. OF NEWPORT FWY. - ADOPTED SANTA ANA CONSENTING TO THE TRANSFER OF TERRITORY LOCATED GENERALLY NORTH OF EDINGER AVENUE EAST OF THE NEWPORT FREEWAY FROM THE CORPORATE CITY LIMITS OF THE CITY OF SANTA ANA TO THE CITY OF TUSTIN was adopted on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 5:1, with Mayor Evans dissenting. CA 94 CITY COUNCIL MINUTES 394 NOVEMBER 7, 1977 RESOLUTION NO. 77-126 A RESOLUTION OF THE CITY VACATION - MC FADDEN; RITCHEY COUNCIL OF THE CITY OF ADOPTED SANTA ANA APPROVING A MAP AND DECLARING ITS INTENTION TO VACATE A PORTION OF MCFADDEN AVENUE BETWEEN LYON STREET AND RITCHEY STREET AND A PORTION OF RITCHEY STREET BETWEEN MCFADDEN AVENUE AND WILSHIRE AVENUE IN THE CITY OF SANTA ANA, CALIFORNIA; DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP IN HER OFFICE; DESCRIBING THE PORTIONS OF SAID STREETS TO BE VACATED; SETTING A PUBLIC HEARING THEREON; AND DIRECTING NOTICE HEREOF TO BE POSTED AND PUBLISHED was adopted on Councilman Yamamoto's motion, seconded by Councilman Ward, and carried unanimously 6:0. The public hearing was scheduled for December 12, 1977. CA 14 RESOLUTION NO. 77-127 A RESOLUTION OF THE CITY COMMENDING SALVATION ARMY COUNCIL OF THE CITY OF ADOPTED SANTA ANA COMMENDING THE SALVATION ARMY ON THE OCCASION OF THEIR 90TH BIRTHDAY was adopted unanimously 6:0 on Councilman Garthe's motion, seconded by Councilman Brandt. CA 73B RESOLUTION NO. 77-128 A RESOLUTION OF THE CITY DEPOSITORY FOR CITY FUNDS COUNCIL OF THE CITY OF ADOPTED SANTA ANA DESIGNATING WELLS FARGO BANK, N.A., AS THE DEPOSITORY FOR THE CITY OF SANTA ANA FUNDS EFFECTIVE JANUARY 1, 1978, AND DESIGNATING SIGNATURES AUTHORIZED FOR THE PURPOSE OF WITHDRAWAL OF SAID FUNDS was adopted on the motion of Councilman Brandt, seconded by Councilman Ward, and carried 6:0 unanimously. CA 65 RESOLUTION NO. 77-129 A RESOLUTION OF THE CITY FEDERAL SURPLUS PROPERTY COUNCIL OF THE CITY OF ADOPTED SANTA ANA DESIGNATING REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY was adopted by unanimous 6:0 vote, on the motion of Councilman Ward, seconded by Councilman Garthe. CA 45 Councilman Bricken arrived during discussion of the following item, at 2:50 P.M. RESOLUTION NO. 77-130 A RESOLUTION OF THE CITY CLASS TITLES & COMPENSATION COUNCIL OF THE CITY OF TRAFFIC ENGINEERING - ADOPTED SANTA ANA AMENDING RESOLU- TION NO. 58-281 TO ADD THE NEW CLASS TITLE OF TRAFFIC ENGINEERING SUPERVISOR AND TO CHANGE THE TITLE AND COMPENSATION LEVEL FOR THE EXISTING CLASS OF TRAFFIC ENGINEER was adopted; the concept and organization of a specialized transportation planning and management activity within the Department of Public Works was approved; and the Classification Specifications for Transportation and Traffic Engineer and Traffic Engineering Supervisor were approved; on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 4:3, with Councilman Ward, Yamamoto and Mayor Evans dissenting. CA 50.1 RESOLUTION NO. 77-131 A RESOLUTION OF THE CITY COMMENDING CHET WRAY COUNCIL OF THE CITY OF ADOPTED SANTA ANA COMMENDING ASSEMBLYMAN CHESTER B. "CHET" WRAY AND HONORING HIM AS "LABOR MAN OF THE YEAR" was adopted by unanimous 7:0 vote, on the motion of Councilman Ward, seconded by Councilman Bricken. CA 73B CITY COUNCIL MINUTES 395 NOVEMBER 7, 1977 MAGIC CARPET AMBULETTE Approving the request PERMANENT CERTIFICATE in a letter dated Octo- AUTHORIZED ber 19, 1977, from Henry Hullhorst, Vice President of Magic Carpet Ambulette, the Clerk was authorized to issue a new Certificate of Convenience and Necessity to Magic Carpet Ambulette for two ambulettes without a termina- tion date, on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting. CA 96 SCAG'S POSITION - NEW URBAN A letter dated October 17, DEVELOPMENT STRATEGY 1977 from State Senator REFERRED TO STAFF H. L. "Bill" Richardson, calling attention to a SCAG (Southern California Association of Governments) state- ment that it will use its influence to cut off federal and State funds to cities that refuse to adopt housing assistance goals consistent with SCAG's areawide housing plan, was referred to Staff for report and recommendation, on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 141 INTER-COUNTY AIRPORT AUTHORITY The financial statement FINANCIAL STATEMENTS for the quarter ending FILED September 30, 1977 and the financial statement for the year ending June 30, 1977 for the Inter-County Airport Authority submitted in accordance with terms of the Joint Powers Agreement of 1975, were received and filed on the motion of Councilman Garthe, seconded by Councilman Ortiz, and carried 7:0 unanimously. A-75-75 DEPOSIT WAIVER REQUESTED A letter dated October STREET IMPROVEMENTS - 3321 W. 1ST 1977 from Jose M. Oro- REFERRED TO STAFF peza requesting waiver of the $2,100 deposit required for future street improvements to obtain a building permit to construct a commercial building at 3321 West First Street, was referred to Staff for report and recommendation on the motion of Councilman Brandt, seconded by Councilman Ward, and carried 6:1, with Councilman Bricken dissenting. 29, Speakin~ for Mr. Oropeza was Michael Graieda. who stated that his friend purchased the property at 3321 West First Street: that the property was 54' x 100': that there was a requirement that Mr. Oropeza dedicate a 22' strip of property for street improvement: and that when a buildin~ permit was applied for, there was an additional requirement that $2,100 be deposited for future curb, ~utter and sidewalk construction. CA 29.4 HRC SUPPORT FOR MULTI-MODAL A letter dated October 7, TRANSPORTATION FACILITY 1977 transmittin~ a REFERRED TO CRA motion unanimously passed by the Human Relations Commission at its meeting of October 4, 1977 support- ing the plans for the Multi-Modal Transportation Facility pro- posed for Downtown Santa Aha, was referred to the Community Redevelopment Agency for inclusion in the Environmental Impact Report, on the motion of Councilman Garthe, seconded by Council- man Brandt, and carried unanimously 7:0. CA 84.5 CITY COUNCIL MINUTES 396 NOVEMBER 7, 1977 ORANGE COUNTY LEAGUE The payment of $1,049 QUARTERLY DUES PAYMENT quarterly dues for the AUTHORIZED second quarter of the 1977-78 fiscal year, to the Orange County Division, League of California Cities, was authorized on the motion of Councilman Brandt, seconded by Councilman Bricken, and carried 4:3, with Councilmen Ward, Yamamoto and Ortiz dissenting. CA 148.1 MINORITY BUSINESS OPPORTUNITY DAY Co-sponsorship of a TRADE FAIR CO-SPONSORSHIP Minority Business Oppor- AUTHORIZED tunity Day Trade Fair in March, 1978, along with County of Orange, Rancho Santiago College District and the Orange County Chamber of Commerce, was approved on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Garthe. As part of the co-sponsorship, the City will send out approximately 300 letters of invitation from the Mayor to assist in publicizing the event. CA 1S1 WASTEWATER RECLAMATION PROJECT The City Council ORANGE COUNTY WATER DISTRICT indicated general SUPPORT INDICATED support of a plan proposed by the Orange County Water District to provide reclaimed water for use by cities for irrigation purposes, on the unanimously approved 7:0 motion of Councilman Ward, seconded by Councilman Garthe. CA 12 AD NO. 242 - PROGRESSO-LA BONITA & 6TH-ROSITA AREAS PETITION ACCEPTED Council took the following action: On the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Yamamoto, 1) Accepted a petition for the formation of Assessment District 242 and directed Staff to proceed with the preparation of the necessary documents to implement the Assessment District and subsequent improvement of pavement, curbs, gutters, sidewalks and street trees in the Progresso-La Bonita and Sixth-Rosita Areas; and 2) Authorized Staff to enter into negotiations for special counsel services and engineering consulting services for Assessment District 242. CA 90 EIR - FIRST STREET WIDENING On the motion of Council- BETWEEN BUSH & STANDARD man Garthe, seconded by APPROVED Councilman Yamamoto, and carried 7:0 unanimously, Council certified that Environmental Impact Report 77-3 "First Street Widening Between Bush Street and Standard Avenue" had been completed in accordance with the requirements of CEQA (California Environmental Quality Act) and the State EIR Guide- lines, and that the City Council df the City of Santa Ana had reviewed and considered the information contained in the EIR 77-3 prior to approval of the project described therein, and approved EIR 77-3 as the Final Environmental Impact Report of the City of Santa Aha for such project. CA 29.8 CITY COUNCIL MINUTES 397 NOVEMBER 7, 1977 APPROPRIATION ADJUSTMENT 39 Councilman Ward's motion ANTIRECESSIONARY FUNDS seconded by Councilman APPROVED Yamamoto, to approve Appropriation Adjustment No. 39, allocating $31,140 additional antirecessionary funds to Project No. 8314A - Contractual Maintenance of Equipment (for maintenance of street sweepers), and for Project 8314B - To Install Safety Equipment in Police Sedans, carried unanimously 7:0. The recommendation was made in a report dated November 1, 1977 prepared by Jed Christensen, which stated that the heavy equipment and police patrol vehicles are used 16 hours per day, and are in need of routine maintenance. CA 65.3 RENOVATION PLAN FOR A plan to renovate the SENIOR CITIZENS CENTER Senior Citizens Service APPROVED Center to provide a pool table and a workshop for seniors, was approved on the motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried 4:3, with Councilmen Brandt, Ortiz, and Bricken dissenting. By the same motion, submission of a federal grant request for $1,359 under the Older Americans Act was approved; the use of $250 Community Development funds required for the hard cash match was approved; and the Mayor was authorized to sign assurances required for the grant application. CA 131.10 CA 140.20 RENAMING OF SANTA ANA STADIUM The recommendation of the HONORING EDDIE WEST Board of Recreation and APPROVED Parks made at its meeting of November 3, 1977 by unanimous vote, to rename the Santa Aha Municipal Stadium to "Eddie West Field Santa Aha Stadium", was approved on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 5:2, with Councilmen Yamamoto and Ortiz dissenting. John McDonough, 2064 South Lowell, member of the Board of Recrea- tion and Parks, stated that the Board did not wish to eliminate Santa Aha from the name of the stadium; that they had considered some forty different names; that they had considered the name from the standpoint of promotion; and that they would recommend dedication ceremonies to be held during half-time of an upcoming game on November 12, 1977. Also speaking in favor of renaming the Santa Aha Municipal Stadium in honor of Eddie West was Art Parra of the Sports Staff of The Register, who stated that it was very appropriate for the City to take this action to honor a man who'had touched every household in the City of Santa Ana at some time during his long career with The Register. CA 52.8 STUDY OF RECREATION PROGRAMS On the motion of Council- REFERRED TO BOARD OF man Brandt, seconded by RECREATION & PARKS Councilman Ward, carried 7:0 unanimously, Council concurred with the conclusions and direction of study described in a report dated October 31, 1977 prepared by Robert E. Gresham, Director of Recreation and Parks, and referred the report to the Board of Recreation and Parks for specific review and recom- mendations concerning the following conclusions: A community interest survey could be conducted to assess recreational needs for Santa Ana through the use of a consultant to conduct community workshops, research and assemble data to provide recommendations for a program "master plan"; and CITY COUNCIL MINUTES 398 NOVEMBER 7, 1977 Consider the appointment of a Senior Citizen and a Youth to the Board of Recreation and Parks to improve communication and provide improved representation for those groups in the departmental program. CA 52 PROPERTY ACQUISITION & On the recommendation of RECONSTRUCTION - FIRE STATION 4 Fire Chief B. J. Thompson APPROVED IN CONCEPT; HEARING SET in his report dated October 31, 1977, and on the motion of Councilman Brandt, seconded by Councilman Bricken, approved unanimously 7:0, Council approved in concept the following: l) Purchase of the apartment building and the beauty salon located at 1431 and 1423 South Broadway as the site for the reconstruction of Fire Station 4, and authorized Staff to commence the process of declaring the station site at Flower and Glenwood surplus so that it can be sold; 2) Restructuring Fire Station 4, and adjoining office facilities through a five-year payment plan (funds for the annual payment are to be made available through internal savings in the Fire Department's budget); and Purchase of a 7S-foot telesquirt pumper in lieu of the 50-foot telesquirt pumper included in the 1977-78 Budget; and set a public hearing for November 21, 1977, for the change in use of revenue sharing funds presently designated for the purchase of certain radio and safety equipment and the remodeling of Fire Station 5, 120 West Walnut Street, to the account item designated for purchasing property for the reconstruction of Fire Station 4 at 1431 South Broadway. J. Ogden Markel, 1814 South Parton, expressed his support for the proposed project. CA 64 BUS SHELTER PROGRAM On the recommendation PROPOSALS INVITED of Joe Foust, Traffic Engineer, in his report of November 1, 1977, Staff was authorized to seek proposals for bus shelters to be supplied in exchange for advertising privileges within the public right of way, on the unanimously carried 7:0 motion of Councilman Yamamoto, se'conded by Councilman Brandt. CA 84 1977 CONGRESS OF CITIES On the motion of Council- SAN FRANCISCO, DEC. 3-7 man Garthe, seconded by DELEGATE & ALTERNATE SELECTED Councilman Ward, and carried 7:0 unanimously, Mayor Vernon S. Evans was selected as Delegate and Council- man David Brandt was selected as Alternate to represent the City of Santa Ana at the 1977 League of Cities Congress of Cities to be held in San Francisco December 3 - 7, 1977. CA 80.1; CA 148.5 EXECUTIVE SESSION At 3:35 P.M. the meeting was recessed for an Executive Session to Discuss pending litigation; at 4:55 P.M. the meeting was reconvened with all Council members present. CITY COUNCIL MINUTES 399 NOVEMBER 7, 1977 LULAC LITIGATION On the motion of Council- HEARING SET man Bricken, seconded by Councilman Ward, and carried 7:0 unanimously, a public hearing was set for S:00 P.M. November 11, 1977 in the Council Chambers to discuss and consider a partial consent decree in the case of The League of United Latin American Citi- zens v. the City of Santa Ana. CA 139 RECESS At 5:00 P.M. the Council meeting was recessed for dinner at the West Winds Room of the Saddleback Inn for a report from Mayor Warren Widener of the City of Berkeley on a plan for Residential Housing Rehabilitation; at 7:30 P.M. the meeting was reconvened with all Councilmen present. INVOCATION PLEDGE OF ALLEGIANCE Joseph's Church. Following the Pledge of Allegiance to the Flag, the Invocation was given by Father Moran of St. CA 80.17 SPECIAL PRESENTATION - RESOLUTION Councilman John Garthe HONORING HOWARD W. CROOKE introduced members of IN MEMORIAM the family of the late Howard W. Crooke, and stated that Mr. Crooke had served the City first as its repre- sentative to the Orange County Water District, and later to the Metropolitan Water District; that he had made history in this County with his idea for buying water for the underground water basin, and imposing a pump tax to pay for the water; and that the City had adopted Resolution No. 77-117 to honor Mr. Crooke in Memoriam for his dedicated service. Councilman Garthe presented the framed Resolution to Mrs. Crooke, who stated that she and her family appreciated it very much. J. Ogden Markel joined the tribute to Howard Crooke by stating that Mr. Crooke was always thinking about water, and that it was a privilege to pay tribute to one of Orange County's finest citizens. CA 73B CA 12 CITY SEAL TILE PLAQUE Councilman James E. Ward MUSEUM BOARD MEMBER presented the Official JOHN R. LEAHY City Seal Tile to John R. Leahy, retiring mem- ber of the Bowers Memorial Museum Board, who has served the City for six years and given his energy and expertise to assist in the development and expansion of the Bowers Memorial Museum. Mr. Leahy's two children joined him for pictures of the pre- sentation. CA 85.2 CERTIFICATES OF APPRECIATION The City's Certificates LINDA B. DEMPSAY & LINNEA DULAK of Appreciation will be mailed to Linda B. Dempsay in appreciation for her service on the Board of Recreation and Parks, and to Linnea D. Dulak for her service on the Human Relations Commis- sion/Housing Advisory Commission. The Mayor made the foregoing announcement because the recipients were not present to receive the Certificates. CA 52.2; CA 131.2 CITY COUNCIL MINUTES 400 NOVEMBER 7, 1977 PROCLAMATION PRESENTATION Councilman David Brandt INTERNATIONAL TOASTMISTRESS presented the Mayor's CLUB MONTH Proclamation of October as International Toast- mistress Club Month, to Ann G. Denney, President of the Club. Mrs. Denney accepted the Proclamation with pleasure and announced that membership applications would be available at the City Libraries during the month of November. CA 46 PROCLAMATION PRESENTATION Councilman Gordon Bricken TEEN CHALLENGE WEEK introduced Mr. Jeff Hollett of the Orange County Teen Challenge and presented the Mayor's Proclamation of the week of Novem- ber 14 through November 20 as Teen Challenge Week, and commended the organization for its efforts to offer brotherhood and rehab- ilitation to those who, even young in life, have lost their way. Mr. Hollett thanked the Council and invited everyone to the Open House to be held at their offices in the City of Orange. CA 46 PROCLAMATION PRESENTATION Kathy Hall, Public In- GREAT AMERICAN SMOKEOUT formation committee Chairperson for the Orange County Unit of the American Cancer Society, received the Mayor's Proclamation supporting the effort to encourage all smokers to stop smoking on November 17. Councilman Yamamoto made the presentation, stating that the American Cancer Society should be credited with saving lives. CA 46 ORAL PRESENTATION Mr. Harold Minuskin and URBAN SCIENCE & TECHNOLOGY Mr. Ken Kane of the Institute of Electrical and Electronics Engineers, Inc. made an oral presentation in which the Council was informed that the Institute had recently resolved to provide assistance to local government with technical assistance in relation to electrical energy; that they would, at no cost to the City, review policies related to the generation, distri- bution or use of electrical energy and provide information on existing and near future technology; and that the Institute members felt that as concerned citizens, they have a service they wish to offer to help plan for a better community for everyone. Mayor Evans thanked the gentlemen for their presenta- tion, and stated that Staff would be in communication with them. CA 1S1 OATH OF OFFICE The Oath of Office was PLANNING COMMISSIONER administered to newly ROBERT W. LUXEMBOU~GER appointed Planning Commissioner Robert W. Luxembourger by Clerk of the Council Florence I. Malone, for a term ending June 30, 1981, and he was welcomed individually by the Councilmen. CA 78.1A PUBLIC HEARING TRAFFIC Mayor Evans announced DIVERSION PLAN & SIGNAL - BRISTOL that this was the time APPROPRIATION ADJUSTMENT 36 and place for the public APPROVED hearing of a Traffic Diversion Plan for Bristol Street between First Street and McFadden Avenue, and for the installation of a traffic signal at Bristol and Willits. CITY COUNCIL MINUTES 401 NOVEMBER 7, 1977 John Stevens, Director of Public Works, stated that on September 19, 1977 Council reviewed the Plan presented by Staff, and asked that a financial plan be prepared for presentation at a public hearing. This public hearing was noticed with 1,250 fliers in English and Spanish distributed to persons in the neighborhood; that there has been little opposition; and that with the utilization of spare parts from other signalization projects, the Plan could be implemented with $20,000 for the traffic diverters and $25,000 for the signal, installation (a total of $45,000); that $15,000 of Community Development Funds could be used and $30,000 could be used from Council Contingency. Speakers in favor of the Plan and the signal installation were: Cheryl L. Whitaker, 418 S. Hesperian, United Southwest Neighbors and South Central Neighbors Helen Snyder, 634 South Rosewood, South Central Neighbors Lydia Morales, 601 N. Figueroa, Santa Nita Neighbors Betty Garza, 1115 West Pine Libradia Alcaraz, 1242 W. Chestnut Avenue The proponents cited accident statistics to convince the Council of the urgency to immediately install the traffic signal; they cited the death of a neighbor, Juan Lopez, who was killed on Bristol Street at Myrtle Street; and they em- phasized the difficulty in crossing Bristol Street, particularly for children or the elderly. There being no further statements from the audience, and no new written communications, Mayor Evans closed the public hearing. Following discussion of funding alternatives, on the motion of Councilman Bricken, seconded by Councilman Garthe, 7:0 unani- mously approved, Council approved: 1) The Plan for traffic diversion on Bristol Street between First Street and McFadden Avenue, and 2) The installation of a traffic signal at Bristol and Willits, and directed Staff to use every effort to make the installation as soon as possible. Appropriation Adjustment #36 modified to transfer $45,000 from Council Contingency, to provide for the Bristol Traffic Diversion and Bristol and Willits traffic signal installation, was approved on the motion of Councilman Bricken, seconded by Mayor Evans, and carried 7:0 unanimously. By further motion of Councilman Garthe, seconded by Councilman Brandt, carried 7:0 unanimously, formal bidding procedures for the proposed project were waived based on the immediate danger to the health and welfare of the citizenry. CA 65.3 CA 89 RECESS At 8:40 P.M. the meeting was recessed; at 8:47 P.M. the meeting was reconvened. CITY COUNCIL MINUTES 402 NOVEMBER 7, 1977 PUBLIC HEARING Mayor Evans announced ASSESSMENT DISTRICT NO. 240 that this was the time (SILVER ACRES) CONFIRMED and place for the public hearing on appeals of the assessments in the matter of Assessment District No. 240. Clerk of the Council Florence I. Malone announced that Notice of the Filing of the Assessment and of the time and place for hearing were duly and regularly published, posted and mailed, all as prescribed by law, and that the following affidavits showing such compliance are on file in the Office of the Clerk of the Council: 1) Affidavit of Publication; 2) Certificate of Mailing; 3) Certificate of Posting. Director of Public Works John Stevens, referring to his report dated November 3, 1977, announced that of the total cost of $389,250, approximately 53% is to be paid by the City and 47% is to be paid by the property owners receiving the benefit; that the 47%, in the amount of $175,098, was spread among the prop- erty owners at the rate of $14.92 a front foot; and that the average assessment for an interior and corner lot is $716.16 and $1,191.74, respectively. Clerk of the Council Florence I. Malone read three letters filed with her prior to the hearing concerning the assessments in the subject district from: Madge L. Dowling, 5507 West Silver Drive and David Lee Foster, 5512 W. Silver Drive (Assessment No. 44 and 82, respectively) Pastor George R. Dunivent, Silver Acres Church, 5218 W. Silver Drive (Assessment No. 61 &62) Nancy L. Foster, 5512 W. Silver Drive (Assessment No. 82) Pastor Dunivent was present at the meeting and stated that he had no objection to the improvement, but that his protest con- cerned the assessment for the driveway extension; that the assessment of $290.00 was higher than the $120.00 estimate given. Also present to comment was Louis Norman, 13362 Nina Place, Garden Grove, who stated that he would like a more detailed breakdown of costs (Assessment No. 17, 24 and 25). He further stated that a chain link fence in front of his property at 5221 Roosevelt Way had been removed by the con- tractor, and he requested that it be replaced; that a survey pin in his driveway had also been removed, and he requested that it be put back; and that he estimates his assessment is approximately $3,000 more than it should have been. In responding to the comments, the Director of Public Works stated that between the time that estimates were given for assessment charges and the time the project was bid (August 1976 - July 1977) the price of asphalt went from 55¢ to $1.00 per square foot; and that in the case of Silver Acres Church slightly more work had been done than had been originally anticipated. The Director of Public Works also stated that Mrs. Nancy Foster's letter was correct, the property description on her assessment notice did have an error, which has been corrected, and the assessment has been adjusted to reflect the correction. CITY COUNCIL MINUTES 403 NOVEMBER 7, 1977 In response to Mrs. Dowling's and Mr. Foster's letter object- ing to being assessed for the retaining wall at 5502 W. Silver Drive, the Director of Public Works stated that the total cost of $1,500 for the wall had been spread over the entire Dis- trict (approximately $6.00 per assessment) because the retain- ing wall was necessary for proper drainage and the original agreement was that the City would be responsible for the costs for street work, pavement, street trees and lights and the residents would be responsible for concrete work and the retain- ing wall was ancillary facility to the sidewalk. There being no further comments, Mayor Evans closed the public hearing. The following Resolutions were adopted by separage motions made by Councilman Bricken, seconded by Councilman Yamamoto, and each of the three motions carried 7:0 unanimously: RESOLUTION NO. 77-132 - A RESOLUTION OF THE CITY COUNCIL OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS (ASSESSMENT DISTRICT NO. 240) RESOLUTION NO. 77-133 - A RESOLUTION OF THE CITY COUNCIL APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN ASSESSMENT DISTRICT (NO. 240). RESOLUTION NO. 77-134 - A RESOLUTION OF THE CITY COUNCIL CONFIRMING ASSESSMENT PURSUANT TO "IMPROVEMENT ACT OF 1911", BEING DIVISION 7 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (ASSESSMENT DISTRICT NO. 240). CA 90 PUBLIC HEARING - AMENDMENT TO Mayor Evans announced that GENERAL PLAN - MEMORY LANE this was the time and RESOLUTION NO. 77-135 - ADOPTED place for the public hearing of Negative Declaration and General Plan Amendment of the Arterial Streets portion of the Land Use and Arterial Streets Section of the General Plan to delete a portion of Memory Lane located between Flower and Broadway Streets (the future Broadway extension). Planning Director Charles Zimmerman stated that the Planning Commission had acted, following a public hearing held Octo- ber 10, 1977 with a 4:2 vote to adopt the proposed amendment to the General Plan. Clerk of the Council Florence I. Malone reported that no writ- ten communications had been received in this matter. Following the Mayor's invitation for speakers on the proposed General Plan Amendment, Blair Eckert, 714 West Memory Lane, North Santa Ana Homeowners Association, requested that all ~revious statements made at previous Council meetings regard- lng this issue be included as a portion of the transcript of this hearing, and stated that the Homeowners Association was very appreciative of Council's consideration of their views in this matter. There being no further speakers, Mayor Evans closed the public hearing. On the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Ward, the Negative Declaration was approved and filed, and the following resolution was adopted: CITY COUNCIL MINUTES 4O4 NOVEMBER 7, 1977 RESOLUTION NO. 77-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE ARTERIAL STREETS PORTION OF THE LAND USE AND ARTERIAL STREETS SECTION OF THE GENERAL PLAN BY DELETING A PORTION OF MEMORY LANE LOCATED BETWEEN FLOWER AND BROADWAY THEREFROM. CA 78.3 CA 29.10 PUBLIC HEARING - CONDEMNATION Mayor Evans announced 820 N. FLOWER - STREET WIDENING that this was the time RESOLUTION 77-136 ADOPTED and place for the hear- ing of the public interest and necessity to acquire by condemnation certain real property known as 820 North Flower Street for street widening purposes. Director of Public Works John Stevens referred to his report dated October 31, 1977, and stated that the subject real property is a nine-foot portion of Parcel #23; that the prop- osed ~ro~ert¥ line will be 8.68 feet from the easterly face of the building, and the new curb line will be 16.5 feet from the house; that numerous meetings have been held with the owner in an attempt to negotiate a purchase price; that the City has made a final offer of $11,590 while the owner has asked for $15,000; that the roadway is scheduled for widening early next year, and this is the one remaining property to be ac- quired; and Staff requests Council to consider the facts presented to find that there is public interest and necessity sufficient to request the City Attorney to commence the condemna- tion action. Clerk of the Council Florence I. Malone reported that there were no written or oral requests to address Council during the hearing. Mayor Evans then closed the public hearing. On the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Ortiz, Council determined that: 1) The public interest and necessity require the proposed project; 2) The project was planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and 3) The property sought to be acquired is necessary for the project. The following resolution was adopted on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 7:0 unanimously: RESOLUTION NO. 77-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY AT 820 NORTH FLOWER STREET FOR STREET WIDENING PURPOSES AND AUTHORIZING AND DIRECTING CONDEMNATION THEREOF. CA 71 PUBLIC HEARING - CONDEMNATION Mayor Evans announced 4505 W 1ST ST. PARKING LOT that this was the time NEWHOPE BRANCH LIBRARY and place to continue CONTINUED; PURCHASE 30' AUTHORIZED the hearing to consider public interest and necessity to acquire by condemnation certain property at 4505 West First Street for a parking lot for the Newhope Branch Library. The Mayor announced that in accordance with a report dated November 1, 1977, prepared by Howard Samuelson, Library Director, relating negotiations that have been conducted concern- ing the subject property, a motion to continue the hearing would be in order. CITY COUNCIL MINUTES 405 NOVEMBER 7, 1977 Council continued the hearing to December 12, 1977 on the unani- mously carried 7:0 motion of Councilman Brandt, seconded by Councilman Ortiz. The Staff recommendation contained in a report dated November 1, 1977, prepared by Robert Nichols, Jr., to purchase a 30-foot strip of property south of the library site (Assessors Parcels 100-250-55 and 60) for the consideration of $15,000 was approved, on the motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried 7:0 unanimously. CA 71 Councilman Ortiz left the Council Chambers. OLD CITY HALL AGREEMENT ~ Following the oral report NEW AGREEMENT PREPARATION of Executive Director - AUTHORIZED Community Redevelopment Agency Richard E. Gob- lirsch, summarizing his written report dated November 1, 1977, Council authorized the City Attorney to prepare an agreement tentatively agreed to by the Del Pueblo Management and Develop- ment Company, on the unanimously approved 6:0 motion of Council- man Ward, seconded by Councilman Yamamoto. The terms of the proposed new agreement are that: 1) The City will accept Del Pueblo's offer to deposit $50,000 in the Santa Ana State Bank in an interest bearing trust account for the sole purpose of apply- ing said monies toward the cost of construction of or toward the remodeling of said building exclusive of cost of plan. Interest accrued from said fund to be applied towards cost of reconstruction or remodeling except that upon prior ten day written notice (Del Pueblo requests 20 days), the City may apply said interest towards the cost of cleaning or securing the premises if owner fails to maintain the premises in a clean and safe condition. In no event shall the cost exceed the amount of accrued interest. Any work to be performed prior to actual accruing of interest will be performed by the City in the event Del Pueblo does not perform and charged as a debit to the account until interest does accrue; Del Pueblo shall submit written bi-monthly reports to the City regarding progress of the development of the old City Hall; 3) The agreement between Del Pueblo and the City, dated January 22, 1976 shall be canceled. A-76-4 Rodolfo Montejano, 2021 East Fourth Street, representing Del Pueblo Management and Development Company stated that this agreement would be a major step toward obtaining a long term. lessee; that it will give Del Pueblo the time and money to be able to develop the building. Councilman Ortiz returned to the Council Chambers. CITY COUNCIL MINUTES 406 NOVEMBER 7, 1977 RESOLUTION NO. 77-123 CONDITIONAL USE PERMIT 77-24 NEW RESOLUTION 77-123 REQUESTED 77-24, which was continued from the now be discussed. Mayor Evans announced that reconsideration of Resolution 77-125 denying Conditional Use Permit afternoon Agenda, would Gordon Christensen, 333 East Ninth Street, stated that during the public hearing held October 17, 1977 that the requested home for the elderly was erroneously stated to be subject to the Lanterman Act; that he has been advised that the Lanter- man Act regulates homes for mentally or physically handicapped people; and would therefore not be applicable to this CUP request; that three of the five persons who wish to reside in the proposed home have been residents at various places in Santa Ana and for various reasons of incompatibility wish to reside at 2055 South Towner; that one lady who wishes to use the proposed facility has an imbalance problem, and the only facilities available to her have 20 or 30 residents where she could not receive the care she needs; and that approval of the Conditional Use Permit is requested. On the motion of Councilman Yamamoto, seconded by Councilman Ortiz, carried 5:2, with Councilman Ward and Mayor Evans dis- sneting, the City Attorney was directed to prepare a resolution supporting the action of the Planning Commission approving the Conditional Use Permit 77-24, allowing a home for the elderly at 2055 South Towner, and reversing the decision of Council to deny made October 17, 1977. CA 13.4A ORAL COMMUNICATION Assistant City Manager LEAGUE SUPPORT - EDA FUNDING Ronald Wolford announced RESOLUTION NO. 77-138 ADOPTED that the League of California Cities has taken the position to ask the President and Congress to triple the amount of Economic Development Act funding over that pro- vided in the current budget, and that the City Council may wish to adopt a resolution urging that action. On the motion of Councilman Ward, seconded by Councilman Yama- moto, carried 7:0 unanimously, the following resolution was adopted: RESOLUTION NO. 77-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING INCREASED EDA FUNDING. CA 57.1 ORAL COMMUNICATION Mayor Evans announced ASSESSMENT DISTRICT NO. 241 that Agenda Item 12 B, SANTA ANITA AREA IMPROVEMENTS an a~reement for engineer- ing services for Assess- ment District No. 241 had been continued from the afternoon A~enda to allow comments by the Santa Nita Neighbors, who had submitted a proposed compromise time schedule for the District which called for commencing the street improvements on Janu- ary 16, 1978. Speakers before the Council commented on the construction schedule, stating that there had been too many delays and requesting that the construction start in January rather than in March. Those persons speaking in favor of an accelerated schedule were: Ruby Epps, 626 North Jackson Irene Calderon, 622 North Gunther Helen Snyder, 634 S. Rosewood, South Central Neighbors CITY COUNCIL MINUTES 407 NOVEMBER 7, 1977 Lydia Morales, 601 North Figueroa Fernando Barona, 705 North Gunther Lydia Morales stated that the group had been Foley, President of Foley Construction, that revised schedule was feasible. advised by Ted their proposed Assistant City Manager Ronald Wolford stated that a four to five month time period to produce the plans and specification is needed for a project of this size, and that there are pro- cedures and time periods legally required to secure federal funding for the project; that a January construction start is not realistic and might be a greater inconvenience to the resi- dents because of the winter weather; and that it would be unwise and impractical to attempt to accelerate the proposed schedule for Assessment District No. 241. AGREEMENT - AD 241 On the motion of Council- ENGINEERING SERVICES man Bricken, seconded by APPROVED Councilman Ward, and carried 6:1, with Coun- cilman Yamamoto dissenting, an agreement between the City and Governmental Professional Services to perform surveying, design services and preparation of an assessment district map and assessment diagram was approved, and its execution by Mayor and Clerk of the Council authorized. A-77-118 A further motion made by Councilman Bricken, seconded by Coun- cilman Yamamoto, carried 7:0 unanimously, directed Staff to communicate to the organizing committee For the Santa Nita Neighbors at least once a week in writing on the progress of the Assessment District 241 and ask for any observations that may help the engineers. CA 90 ORAL COMMUNICATION Edward J. Allen, 2510 PROPOSED RESOLUTION French Street, brought OPPOSING ABORTION - REFERRED to Council a letter and a proposed resolu- tion opposing abortion, and specifically denouncing an abortion clinic operated in Santa Ana by Dr. Edward C. Allred. Mr. Allen read his letter dated November 7, 1977, in which he spoke of the "pervasive abomination of abortion" as a "growing evil that infects and imperils our community" and "which strikes at the very roots of our system of government as embodied in those two revered documents: our Declaration of Independence and the Constitution of these United States". On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 7:0 unanimously, the letter and resolution were referred to Staff for report and recommendation. Robert Cielnicky, 9771 E1 Tulipan Circle, Fountain Valley, reported that Dr. Allred is seeking to construct a facility that will offer abortion services; that the Council may wish to determine whether such a facility is a detriment to Santa Ana; what effect increased abortion services have on the well-being of the community; what effect abortion has on the well-being of the patient; that the Council may wish to determine the economic effect on the community now and in ten years in the future. He requested Council to withhold the building permit until the abortionist has provided an impact statement to determine if it can be shown that the best interests of the community are served, "then let it proceed; but human life deserves at least that consideration". CITY COUNCIL MINUTES 408 NOVEMBER 7, 1977 Stuart Knight, 1678 West Broadway, Anaheim, Attorney at Law, stated that some years ago he had occasion to be involved in a lawsuit in which Dr. Allred was the defendant when he was operating a lucrative clinic in South Los Angeles; that he achieved this high bolume by his alliances with counseling ser- vices; that before any permit is issued, he requested that the City Attorney or the Police Department investigate whether or not Dr. Allred is engaged in any improper activities with pregnancy counseling services; and he stated he would assist the City Council in this matter if requested to do so. CA 151 CA 87; CA 47 ORAL COMMUNICATION Mr. Fred E. Kuhn, 357 BUS SHELTER PROPOSAL La Perle Lane, Costa Mesa, representing EKO Protection Services, requested Council to reconsider its action at the afternoon meeting to seek proposals for the building of bus shelters in Santa Ana. Mayor Evans stated that EKO's proposal would be considered along with any others that were received by the City. CA 84 ORAL COMMUNICATION CITIZENS COMMITTEE - POLICE FACILITY PLANNING - APPOINTED Planning were appointed on the seconded by Councilman Garthe, are as follows: Members recommended by Council to the Citizens Advisory Committee for Police Facility motion of Councilman Bricken, carried 7:0 unanimously, and David L. Brandt Harold Gosse, Jr. Fred Siffermann John M. Coil Ted Jessee Zika Djokovich Eugene M. Flores Rodger Ramseyer Richard Pino Robert Butcher Rudy Francis Tom McLean Antonio S. Moran Richard C. Grace Phillip D. Eaton The motion included the provision that members could be substi- tuted or added from time to time. CA 47 ORAL COMMUNICATION Councilman Brandt's TRAVEL REQUEST - COUNCILMAN BRANDT request to accompany APPROVED Richard Goblirsch, Executive Director of the Community Redevelopment Agency, to Dallas on Wednesday, November 9, 1977 to meet with Federated Department Stores to participate in Fashion Square Redevelopment negotiations, on the motion of Councilman Garthe, seconded by Councilman Bricken, and carried 6:1, with Councilman Yamamoto dissenting, was approved. Expenses for the trip would be charged to the Community Redevelopment Agency, and Councilman Ward suggested that the item be carried on the next Agency Agenda, November 29, for ratification. CA 80 CA 82.4 CONSTRUCTION OF CANAL In response to a letter SENATE BILL 346 from the General Manager RESOLUTION NO. 77-137 ADOPTED of Metropolitan Water District regarding federal-state construction of the peripheral canal around the delta of Sacramento and San Joaquin Rivers, and on the recom- mendation of Councilman Garthe, the following resolution was adopted unanimously 7:0, on the motion of Councilman Garthe, seconded by Councilman Ward: CITY COUNCIL MINUTES 409 NOVEMBER 7, 1977 RESOLUTION NO. 77-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING SENATE BILL 346. CA 57 ORAL COMMUNICATION A motion made by Council- PLANNING COMMISSION man Yamamoto, and seconded APPOINTMENTS BY WARD by Councilman Bricken, REFERRED TO COMMITTEE to appoint a representa- tive from each Ward to the Planning Commission as vacancies occur, was withdrawn. Following a short discussion, by unanimous informal consent, a committee was appointed as follows, along with Staff member, Deputy City Manager G. David Tayco, to consider a policy of appointment from Wards for the appointment of Planning Commis- sion and other board and commission members: Harry Yamamoto, Gordon Bricken David Ortiz. Chairman CA 80.9 ADJOURNMENT was adjourned to Chambers. 5:00 P.M., November At 11:00 P.M., on the motion of Councilman Bricken, carried 7:0 unanimously, the meeting 11, 1977, in the Council FLORENCE L A,~LONE FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 410 NOVEMBER 7, 1977 ii I I