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HomeMy WebLinkAbout11-21-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 21, 1977 Mayor Vernon S. Evans called the meeting to order at 2:00 P.M. in the City Council Chambers, 22 Civic Center Plaza. The follow- ing members of Council were present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, David L. Brandt, James E. Ward, and Mayor Evans. Councilman John Garthe arrived at 2:05 P.M. Also present were the following 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, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Brandt. ORDINANCE NO. NS-1394 VEHICLES FOR HIRE CONTINUED of Santa Ana, consideration of ing ordinance was continued to In compliance with an oral request by Barry Michaelson, Attorney for Yellow Cab Company first reading for the follow- the December 12, 1977 meeting, on the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Ward: ORDINANCE NO. NS-1394 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING CHAPTER 32 TO THE SANTA ANA MUNICIPAL CODE AND REPEALING CHAPTER 38 RELATING TO VEHICLES FOR HIRE. (Agenda Item 28) CA 26 CONSENT CALENDAR Items 2 C and 5 A and B ITEMS REMOVED & were removed from the Con- DISSENTING VOTES sent Calendar by Council- man Ward. Dissenting votes were registered on the following Items: Item 4 A through 4 F, inclusive, and 4 H by Councilman Bricken; Items 4 B and 4 D by Councilman Yamamoto; Item 5 E by Councilman Ward. Within the motion to approve the balance of the Consent Calendar which follows, Item 11 A was referred to the Planning Commission. CONSENT CALENDAR Council approved the STAFF RECOMMENDATIONS recommendations of Staff APPROVED on the following Consent Calendar Items, and referred Item 11 A (Surplus Property Report No. 77-4) to the Planning Commission for review and recommendation, on the unanimously approved 6:0 motion of Councilman Brandt, seconded by Councilman Ward: MINUTES Approved the Minutes of the Regular Meetings of October 25 and November 7, 1977. CITY COUNCIL MINUTES 413 NOVEMBER 21, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID CALLS Approved the plans and specifi- cations, and authorized adver- tisement for bids on following: SPEC 77-076 - One skid mounted air compressor. SPEC 77-080 - Random microfiche retrieval system. SPEC 77-082 - Tandem vibratory pavement roller. SPEC 77-083 - Library furniture. SPEC 77-088 - Firemen's uniforms. PROJECT 1400 - Construct street paving, MacArthur Boulevard between Flower and Main Streets; and PROJECT 4037 Construct P2A storm drain, MacArthur Boulevard between Flower and Main Streets. PROJECT 2037 and markings dards. - Material for upgrading traffic signs City-wide to comply with federal stan- PROJECT 2041 schools; and Construct sidewalks on safe routes to PROJECT 2042 traffic lane Minutes Page - Widen local streets with substandard width (reference CALTRANS agreement, 417). PROJECT 7108 Installation of handicapped facilities inside City buildings. PROJECT 8505A - Construct Newhope Branch Library parking lot. SPEC 77-085 - One truck (one ton cab & chassis). SPEC 77-086 - One vacuum street sweeper. CA 89 BID AWARD Awarded the following on basis of lowest responsible and best bidder: PROJECT 5046, 5060, 8151 - Traffic signals at various locations; awarded to Electrend, Inc., Los Angeles, in the total amount of $105,500.00. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff Report of the following: BRIGGS, Chester and Glendola 1020 S. Bristol Person-to-person transfer - Type "20" off-sale beer and wine. Councilman Bricken registered a NO vote. (Agenda Item 4A) MATLOCK, Odell William - 4414 Westminster Avenue (17th Street) - Person-to-person transfer - Type "40" on-sale beer. Councilmen Bricken and Yamamoto regis- tered NO votes. (Agenda Item 4B) CITY COUNCIL MINUTES 414 NOVEMBER 21, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued ALLENSTEIN, Leonard M. and KOZEN, James I. 2430 S. Bristol - Person-to-person transfer - Type "41" on- sale beer and wine (bona fide public eating place). Councilman Bricken registered a NO vote. (Agenda Item 4C) BIGGS, Blake W. and KIST, Frederick M. 1238 East Edinger - Person-to-person transfer - Type "42" on- sale beer and wine (public premises). Councilmen Bricken and Yamamoto registered NO votes. (Agenda Item 4D) JACKETT, Donald E. and ENGLISH, Richard L. 828 N. Broadway - Original Type "41" - On-sale beer and wine (bona fide public eating place). Councilman Bricken registered a NO vote. (Agenda Item 4E) BEEFSTEAK'R, INC. - 1120 West 17th Street - Original Type "47" - On-sale general (bona fide public eating place). Councilman Bricken registered a NO vote. (Agenda Item 4F) CA 146 MAYER, Edward J. and Jewel E. - 2860 "E" South Bristol - Original Type "41" on-sale beer and wine (bona fide public eating place). PROTEST - Minor Exception Required. CA 146.1 BURGESS, Louis Gordon - 2320 N. Grand - Original Type "20" Off-sale beer and wine. Councilman Bricken registered a NO vote. (Agenda Item 4H) CA 146 VARIANCES & CONDITIONAL USE PERMIT on the following: Approved and filed Negative Declarations and Planning Commission Findings of Fact VA 7?-60 Filed by John DiFiore, Jr. to allow a massage therapy school, waiving a portion of the required park- ing, at 1416 North Broadway in the P District. DENIED. VA 77-62 Filed by the Catholic Bishop of Orange to allow a day care facility and community center office in a single family residence at 5025 West Sixteenth Street in the R2 District. APPROVED. CA 13 CUP 77-28 - Filed by Richard A. Fletcher to allow retail sales of automobile parts at 2509 West First Street in the MI District. APPROVED. Councilman Ward registered a NO vote. (Agenda Item SE) CA 13.1 DEEDS WITH CASH & Approved the following deeds ESCROW ~ GRANTEE CITY and authorized Mayor to sign all necessary documents in connection with the purchases: STEINER, H. Walter and Grace - West side of Flower north of Civic Center Drive for street purposes. PALERMO, Alex B. and Jimmie Jane - North side of 17th Street west of Alona for street and vehicular access. CA 155 CITY COUNCIL MINUTES 415 NOVEMBER 21, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued DEED - NO CASH GRANTOR CITY Authorized execution of the following deed by Mayor and Clerk: ALLAN FAINBARG, ET AL - West side of Harbor south of First for vehicular access. CA 155 TENTATIVE PARCEL Approved and filed the Negative MAPS Declarations, and approved the following maps subject to condi- tions contained in Planning Director's reports; waived alley requirement on Map 1022: PARCEL MAP 1022 - Filed on August 23, 1977 by Cadillac Fairview, Inc. creating two Mi parcels; both proposed parcels to be used for industrial purposes; generally located on the north side of Segerstrom Avenue at Yale Street. PARCEL MAP 1028 - Filed on October 12, 1977 by R. C. Boatman Corporation creating four Mi parcels; all proposed parcels to be used for industrial purposes; generally located north of the intersection of Shannon Street and Croddy Way. PARCEL MAP 1031 Filed on October 21, 1977 by Patillo- Alexander, Inc. creating four Mi parcels; all proposed parcels to be used for industrial purposes; generally located on the south side of Castor Street, 550 feet west of Susan Street. CA 25 FINAL PARCEL MAP Approved the following Map and accepted the dedications thereon: MAP 1016 - South side of Warner Avenue, 7S0 feet east of Harbor Boulevard; 9 lots. CA 25.2 CHANGE ORDER Approved the following: PROJECT 8505 - Newhope Branch Library - Change Order #2 in the amount of $353.00 to provide a gate in the block wall for access to the trash enclosure. CA 89 SURPLUS PROPERTY Declared the following property surplus and an uneconomic remnant, and authorized negotiation for sale to the adjacent property owner, in conformance with Section 2-706.1 of the Municipal Code: SPR NO. 77-14 PROJECT 1360 - Flower Street Widening Real property at 817 North Flower Street, east side of Flower north of Civic Center Drive (AP #5-141-09). CA 45 CITY COUNCIL MINUTES 416 NOVEMBER 21, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued AGREEMENTS Approved the following agree- ments and authorized their execution by Mayor and Clerk; and with reference to the agreement for Civic Center Park- ing, Council also approved the use of Civic Center Authority Parking Maintenance Funds in the estimated amount of $75,000 for the construction of the interim parking lot: THERAPEUTIC RECREATION PROGRAM - Between City and County to apply County Revenue Sharing Funds in the amount of $20,460 to a Therapeutic Recreation Pro- gram. A-77-126 PREPAID DENTAL BENEFITS - Between City and Supple- mental Dental Plans, Inc. for prepaid dental care benefits for City employees. CA 88.70 AMENDMENT EXTENDING "BURGLARY PREVENTION THROUGH CITIZEN PARTICIPATION" GRANT - Between City and County to extend the Grant to January 31, 1978. A-77-128 FEDERAL-AID SAFETY FUNDS FOR SIDEWALK & STREET WIDENING IMPROVEMENT - Between City and CALTRANS for cost participation (City 10%, Federal 90%) on a $289,516 sidewalk and street widening improve- ment project at selected local, non-federal-aid streets in the City. A-77-129 ENGINEERING PLAN CHECK SERVICES - Between City and George M. Taylor, Jr. to perform plan checking services for the City's Building Department. A-77-130 CIVIC CENTER PARKING - Between City and County for rent-free use of vacant property located at the northeast corner of Santa Ana Boulevard and Flower Street for parking purposes. A-77-131 PRENTICE PARK ZOO LAND ACQUISITION - Between the City and County for approximately $135,000 County Revenue Sharing Funds for the acquisition of 3.5 acres of land (Sedoris property) for zoo expansion. A-77-132 LIABILITY CLAIMS Referred to administration claims received from Novem- ber 1 to November 14, 1977. CA 65.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS Received and filed report of Proclamations issued by the Mayor from November 1 to November 14, 1977, inclusive. CA 46 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * Councilman Garthe arrived at 2:05 P.M. CITY COUNCIL MINUTES 417 NOVEMBER 21, 1977 BID CALL - SPEC 77-081 The following bid call FLOWER STREET PARK was referred to the Board REFERRED of Recreation and Parks for review and recommenda- tion, on the unanimously approved motion 7:0 of Councilman Ward, seconded by Mayor Evans: SPEC 77-081 - Flower Street Park play equipment. (Agenda Item 2C) CA 89 VA 77-59 MINI-WAREHOUSE 4200 W. 17TH ST. APPROVED the Planning Commission on the Council approved and filed the Negative Declaration and approved the Finding of Fact by following: VA 77-S9 Filed by Hill, Danielson & Associates to waive a portion of the required parking and allow reduction of the required building separation for a proposed mini-warehouse at 4200 West Seventeenth Street in the E2 District. APPROVED (Agenda Item SA). CA 13 The foregoing action was taken on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 6:1, with Councilman Ward dissenting. CUP 77-31 - MINI-WAREHOUSE The Negative Declaration 4200 W. 17TH ST. and Planning Commission APPROVED Finding of Fact for the following were approved and filed on Councilman Brandt's motion, seconded by Councilman Garthe, and carried 6:1, with Councilman Ward dissenting: CUP 77-31 - Filed by Hill, Danielson & Associates to allow a mini-warehouse at 4200 West Seventeenth Street in the C2 District. APPROVED. (Agenda Item 5B) CA 13.1 AGENDA ORDER The following Surplus SPR NO. 77-4 PROJECT 8029 Property Report was REFERRED referred to the Planning Commission for review and recommendation within the earlier motion approving the Consent Calendar recommendations (Minutes Page 413): SPR NO. 77-4 PROJECT 8029 - Fire Station No. 4, Real property and garage building of concrete block, located at the northwest corner of Flower and Glenwood Streets. (AP #15-147-10 & 11 - Property was acquired in 1974 as a relocation site for Fire Station #4, presently located at Broadway and Edinger Streets; and relocation is no longer contemplated.) (Agenda Item llA) CA 45 READING WAIVED Councilman Ward's motion to waive full reading of all ordinances and resolu- tions, the titles of which appear on the public Agenda, or which otherwise come before this Council and the titles of which are read, and to consider by title only, was seconded by Councilman Brandt, and carried 7:0 unanimously. CITY COUNCIL MINUTES 418 NOVEMBER 21, 1977 ORDINANCE NO. NS-1380 Consideration of the CITATIONS FOR CODE VIOLATIONS followin~ ordinance for CONTINUED second reading and adop- tion was continued to December 12, 1977 on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Brandt: ORDINANCE NO. NS-1380 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING SECTION 16-7 AND ADDING SECTION 1-18 TO PROVIDE FOR THE AUTHORITY FOR CERTAIN PUBLIC OFFIuERS AND EMPLOYEES TO ISSUE CITATIONS FOR VIOLATIONS OF PORTIONS OF THE SANTA ANA MUNICIPAL CODE. CA 79 CA 80 ORDINANCE NO. NS-1390 AN ORDINANCE OF THE CITY SUBDIVISION ORDINANCES OF SANTA ANA AMENDING SEC- ADOPTED TIONS 34-2, 34-3, 34-11, 34-100, 34-105, 34-106, 34-119, 34-120, 34-176, AND 34-184, AND REPEALING SECTIONS 34-98, 34-99, 34-101, 34-102, 34-103, 34-104, 34-107, 34-108, 34-109, 34-181, 34-185, 34-186, 34-187, 34-188, 34-189, AND 34-190 OF THE SANTA ANA MUNICIPAL CODE TO CONFORM THE SUBDIVISION ORDINANCES OF THE CITY OF SANTA ANA WITH THE STATE SUBDIVISION MAP ACT was placed on second reading and adopted unanimously 7:0, on the motion of Councilman Ward, seconded by Councilman Brandt. CA 25.1 ORDINANCE NO. NS-1391 AN ORDINANCE OF THE CITY LIMITATION FOR SEEKING REVIEW OF SANTA ANA ADDING SEC- ADOPTED TION 1-19 TO THE SANTA ANA MUNICIPAL CODE, PER- TAINING TO TIME LIMITATION FOR SEEKING REVIEW OF ADMINISTRATIVE DETERMINATIONS was placed on second reading and adopted on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Bricken. CA 79 CA 80 ORDINANCE NO. NS-1394 - AGENDA ORDER Council continued considera- VEHICLES FOR HIRE tion of Ordinance No. NS- CONTINUED 1394 related to Vehicles for Hire earlier in the meeting. (Minutes Page 413; Agenda Item 28) ORDINANCE NO. NS-1395 AN ORDINJ~NCE OF THE CITY USE OF LAND & STRUCTURES OF SANTA ANA AMENDING "ADULT ENTERTAINMENT" FACILITIES SECTION 42-12, AND ADDING 1ST READINq; SET FOR HEARING SECTIONS 41-12.1, 41-12.2, 41-12.3, 41-152.1, 41-152.2, 41-191 OF THE SANTA ANA MUNICIPAL CODE, TO REGULATE THE USE OF LAND AND STRUCTURES THEREIN; TO SEGREGATE THE LOCA- TION OF RESIDENCES, BUSINESSES, TRADES AND INDUSTRIES AND TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES, recommended by the Planning Commission on November 14, 1977, was placed on first reading, and set for public hearing on December 12, 1977 at 7:30 P.M. in the City Council Chambers, on the unanimously carried 7:0 motion of Councilman Yamamoto, seconded by Councilman Ortiz. A prior motion to amend the main motion to exclude dance halls from the provisions of the ordinance, made by Councilman Ward and seconded by Councilman Garthe, failed to carry on a 2:5 vote, with Councilmen Brandt, Bricken, Ortiz, Yamamoto and Mayor Evans dissenting. CA 91 CITY COUNCIL MINUTES 419 NOVEMBER 21, 1977 RESOLUTION NO. 77-123 A RESOLUTION OF THE CITY CUP 77-24 2055 S. TOWNER COUNCIL OF THE CITY OF ADOPTED SANTA ANA AFFIRMING THE ACTION OF THE PLANNING COMMISSION APPROVING 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 was adopted by a 5:2 vote, with Councilman Ward and Mayor Evans dissenting, on the motion of Councilman Yamamoto, seconded by Councilman Garthe. CA 13.4A ANNUAL FINANCIAL REPORT On the motion of Councilman FISCAL YEAR ENDED JUNE 30, 1977 Ward, seconded by Councilman FILED Garthe, carried 7:0 unani- mously, the City's Financial Report for the fiscal year ended June 30, 1977, prepared by Direc- tor of Finance Lawrence M. Shaffer, and Senior Accountant Robert B. McDonald, and audited by Diehl, Evans and Company, Certified Public Accountants, was received and filed. CA 65~ STATUS REPORT - 4-WAY STOP SIGNS Following the comments of SHELTON-HIGHLAND & SHELTON~BISHOP Mrs. Helen Snyder of 634 S. FILED REPORT; REFERRED TO STAFF Rosewood, and on the motion of Councilman Ward, seconded by Councilman Garthe, carried 7:0 unanimously, the report dated November 14, 1977, prepared by Acting Transportation and Traffic Engineer Joe Foust as a 90-day review of the four-way stop sign installations at Shelton at Highland and Shelton at Bishop, was received and filed and Staff was directed to review the necessity for 75 to 90 feet of red curb adjacent to these intersection controls, as requested by Mrs. Snyder. It was reported that no additional accidents have occurred since the installations. Mrs. Snyder, on behalf of the South Central Neighbors, stated that residents at the corners were unable to park on the street, and asked that the need for so much red curb be reviewed. She also stated that the residents feel that there is a need for traffic lights at Broadway and Chestnut, and at Flower and Bishop, and they would like consideration given to these locations in the near future for signalization. Council acknowledged that if the Traffic En- gineer determines that any of the issues raised by Mrs. Snyder merit some correction, such correction lies within the scope of his authority except for the installation of traffic signal lights. CA 18.3 COMPUTERIZED TRAFFIC CONTROL A status report dated SYSTEM INSTALLATION November 14, 1977, prepared FILED REPORT by Acting Transportation and Traffic Engineer Joe Foust, on the selection and funding of a computerized traffic control system, was received and filed on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Garthe. CA 18.8 WAIVER REQUEST - BUILDING PERMIT On the recommendation of 3321 W 1ST ST. REFERRAL #21-77 Associate Engineer Quinn REDUCTION APPROVED; REFERRAL DELETED Moore in his report dated November 10, 1977, a cash deposit of $500 was determined to be sufficient to satisfy Mr. Oropeza's obligation to provide sidewalk and one street tree, to be installed when First Street is widened, approximately 1980. The Staff recommendation, to grant the building permit for 3321 W. First Street with a reduced cash deposit of $500 for future First Street improvements, was approved on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 6:1, with Councilman Yamamoto dissenting. The motion also deleted Council Referral Item No. 21-77 from the Summary. CA 29.8 CITY COUNCIL MINUTES 420 NOVEMBER 21, 1977 BUS SERVICE - FISCAL YEAR 1978-79 The Mayor was authorized LETTER FROM MAYOR TO OCTD to write a letter to the AUTHORIZED Board of Directors of the Orange County Transit Dis- trict acknowledging the City's number one rating on their priority list and seeking assurances that our City will receive consideration in fiscal year 1978-79 for implementation of intra-community level bus service, on the unanimously approved 7:0 motion of Councilman Bricken, seconded by Councilman Ortiz. The motion was recommended by Acting Transportation and Traffic Engineer Joe Foust in his report dated November 15, 1977.CA 84 LOGAN AREA PROPOSAL A progress report dated PROGRESS REPORT November 16, 1977 on the FILED Logan Area Proposal Implementation, prepared by Senior Planner William Daugherty was received and filed on the motion of Councilman Bricken, seconded by Councilman Ward, and carried 7:0 unanimously. The following activities were listed as necessary at this time in a program for phased imple- mentation of the Logan Area land use proposal: 1. Maintain the Logan Area Task Force for the duration of the Logan Area planning and implementation effort; Maintain direct lines of communication between City offices and the Logan Planning Committee with the objective of having that committee act as the grass roots organization for com- munity representation and participation in the planning and implementation effort; e Develop an on-going communication program which will insure that all residential and business interests, including prop- erty owners and tenants, are periodically informed as to current implementation proposals and activities including methods for their direct participation; e Transmit RFP's for the EIR preparation to approximately eight to ten local, qualified firms by the end of November; Establish an EIR proposal review committee which will include a representative of both the business and residential inter- ests from the Logan Planning Committee; 6. Schedule EIR consultant presentations, selection and agreement prepared for the Council meeting of January 2, 1978. CA 78.6 SCAG POSITION - NEW URBAN The following action was DEVELOPMENT STRATEGY - REFERRAL 20-77 taken by Council in response STAFF TO MONITOR - REFERRAL DELETED to a letter dated October 17, 1977 from Senator H. L. "Bill" Richardson, on the motion of Councilman Ward, seconded by Councilman Yamamoto, and carried 7:0 unanimously: 1. Received and filed letter; o Authorized Mayor to send a letter to the Senator indicating that City Staff will continue to monitor SCAG (Southern California Association of Governments) involvement in promul- gation of the Draft Regional Housing Element; 3. Directed Staff to keep the City Council informed regarding progress of the SCAG Draft Regional Housing Element; and 4. Deleted Council Referral Item No. 20-77 from the Summary. CA 141 CITY COUNCIL MINUTES 421 NOVEMBER 21, 1977 SANTIAGO PARK UPGRADING A status report dated STATUS REPORT November 14, 1977, pre- FILED pared by Robert E. Gresham, Director of Recreation and Parks, was received and filed on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 7:0 unanimously. CA 52 NAMING OF CENTER STREET PARK On the motion of Councilman ADOPTED NAME "CENTER PARK" Ward, seconded by Council- man Ortiz, and carried 6:1, with Mayor Evans dissenting, the name "Center Park", as recommended by the Board of Recreation and Parks on November 3, 1977, was adopted for the park area which has been known as Center Street Park. CA 52 APPROPRIATION ADJUSTMENT #38 Appropriation Adjustment LIABILITY INSURANCE PREMIUM No. 38 transferring $77,000 APPROVED from Council Contingency to the General Insurance Fund to pay insurance premiums in excess of the Budget estimates, was approved on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Bricken. CA 65.3 APPROPRIATION ADJUSTMENT #37 On the unanimously carried PROJECT 1405 - WIDENING MC FADDEN 7:0 motion of Councilman APPROVED Garthe, seconded by Coun- cilman Brandt, Appropria- tion Adjustment No. 37 to allocate $15,000 Gas Tax funds from th~ Select Street Contingency Account to Project 1405 for the wi~ening of the south side of McFadden between Ritchey and Village Way, was approved. CA 65.3 CHARTER SECTION 421 Council approved a revised INCLUSION IN BALLOT MEASURE Section 421 of the City's APPROVED Charter to authorize con- tracting without formal bidding up to a maximum of $5,000 in any one contract, and referred the revised Section to the Consultant for inclusion in the materials to be presented to the voters in June, 1978, on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 7:0 unanimously. CA 68 CA 129 YOUTH EMPLOYMENT & DEMONSTRATION A report dated November 17, PROJECTS ACT OF 1977 (YEDPA) 1977, prepared by Keith FILED Blunt, Manpower Project Coordinator, which outlines two programatic components for which Santa Aha is eligible under the recently signed Youth Employment and Demonstration Projects Act of 1977, was received and filed on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Ortiz. YOUTH EMPLOYMENT & TRAINING PROGRAM ALLOCATIONS AUTHORIZED allocations of $108,175 of CETA Title Training Program (YETP) funds for the September 30, 1978 were authorized to On the motion of Council- man Ward, seconded by Councilman Yamamoto, car- ried 7:0 unanimously, III Youth Employment and period January 1, 1978 to each of the following: 1) Santa Ana Unified School District to serve Santa Ana youth with an In-School Work Experience and Vocational Exploration Program; CITY COUNCI:L MINUTES 422 NOVEMBER 21, 1977 2) 3) Operation SER to serve Santa Ana youth with on-the-job training and employment opportunities; and Neighborhood Youth Corps to serve Santa Ana youth with classroom training and basic and remedial skills oppor- tunities. CA 131.11 ORAL COMMUNICATION OPERATION SER RAY VILLA CETA Title III Youth Employment SER for on-the-job training for Santa Ana youth, Ray Villa, 2106 N. Bristol, Director of Operation SER, thanked Council for the allocation just made of and Training Program Funds to 50 economically disadvantaged ages 18-21 years. CA 140.9 ORAL COMMUNICATION Councilman John Garthe COMMUNITY AWARDS BANQUET reported that he had LIAISON WITH LIONS CLUB APPROVED received a letter dated November 17, 1977 from Attorney Melvin F. Cohen on behalf of the Santa Ana Host Lions Club, expressing interest in taking over the job of putting on and hosting a community awards banquet for the City (tentatively scheduled for March 16, 1978 in the evening at the Saddleback Inn). The request was approved in concept and Councilman Garthe and Public Information Officer Frank Blaszcak were appointed to work with the Santa Ana Host Lions Club as liaison representa- tives from the City, on the motion of Councilman Ward, seconded by Councilman Bricken, and carried 7:0 unanimously. CA 151 ORAL COMMUNICATION On the motion of Coun- HRC/HA APPOINTMENT cilman Ortiz, seconded ADELA SALINAS APPOINTED by Councilman Brandt, carried 7:0 unanimously, Adela Salinas was appointed to the Human Relations Commission/ Housing Advisory Commission for a term ending August 1, 1981, following ratification at the next Council meeting on Decem- ber 12, 1977. CA 131.2 RECESS At 3:00 P.M. the meeting EXECUTIVE SESSION was recessed for an Executive Session to consider pending litiga- tion; at 3:30 P.M. the meeting was reconvened and immediately recessed to 4:00 P.M. at the Fire Department TrainingCenter for a demonstration of a new 75 foot telesquirt; at 5:00 P.M. the Council assembled for dinner at the Hungry Tiger, and at 7:30 P.M. the Council meeting was reconvened in the Council Chambers with all Councilmen present. PLEDGE OF ALLEGIANCE INVOCATION Pledge of Allegiance to the Flag. The Invocation was given by Reverend L. C. Card of the Colonial Bible Church, following the CA 80.17 OATHS OF OFFICE BOARD OF RECREATION & PARKS Council Florence I. Malone, for and June 30, 1979, respectively. congratulated personally by Claudia Farley and Ezequiel Garza gave oaths of office, admin- istered by Clerk of the terms ending June 30, 1980 The new Board members were each Councilman. CA 52.2 CITY COUNCIL MINUTES 423 NOVEMBER 21, 1977 I PUBLIC HEARING - BINGO Mayor Evans announced ORDINANCE NO. NS-1396 AS that this was the time AMENDED - 1ST READING and place for the public hearing of a Proposed Ordinance to regulate bingo playing in the City. Police Chief Raymond Davis introduced Judy Ryan, Police Legal Advisor, who outlined memorandums dated November 9 and November 3, 1977, included in the Council Agenda packet. The names of interested persons attending a meeting held on October 27, 1977 were listed and a section-by-section documenta- tion of all input from represented organizations was also pro- vided. Mrs. Ryan stated that as a result of the meeting, Section 10-61.1 was expanded, Section 10-61.1(f) was deleted, and Section 10-61.4(f) was modified, as noted in the November 3, 1977 memorandum from Lieutenant Robert Hamilton to Police Chief Davis. Mayor Evans asked for comments from the audience and the following persons responded: David Rioux, Immaculate Heart of Mary Church, stated that his organization can live with the ordinance; that they had made $30,000 last year playing bingo one night per week; and that they appreciate being able to raise the funds to support their school. Father John G. Campbell, Saint Anne's Church, speaking in favor of the ordinance, stated that it would enable private charitable organizations to earn money that might otherwise need to be raised with taxes. Richard Earnhart, 9902 Cockatoo Lane, Garden Grove, speaking for Santa Ana Moose Lodge #1025, spoke in favor of the ordinance. Harold Heinly, American Legion Post 131, spoke in opposition a number of provisions of the ordinance, as documented by the memorandum of November 3, 1977. tO Dori Abler, YWCA, spoke in favor of a three-day per week limita- tion in order to allow charitable organizations to earn needed funding for worthwhile programs. Bonnie Canale, Big Sisters of Orange County, 1411 N. Broadway, also urged a change to the three-day per week limitation to sup- port their program. In answer to Councilman Ward's question, Chief Davis explained that it was his feeling that to permit more than two days per week operation would encourage commercial-type operations to enter the City; that the ordinance as written now would allow 12 additional days per year for each organization to be used for special events. There being no further speaker, the public hearing was closed by Mayor Evans. On the motion of Councilman Ortiz, seconded by Councilman Ward, the following ordinance was placed on first reading by a 4:3 vote, with Councilmen Garthe, Yamamoto and Bricken dissenting, with the modifications that each qualified organization will be allowed to play bingo three days per week, and that Section 10-59.1(b), prohibiting more than one organization from using a certain location, be deleted: CITY COUNCIL MINUTES 424 NOVEMBER 21, 1977 ORDINANCE NO. NS-1396 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE REGULATING BINGO GAMES TO MAKE SAID SECTIONS COMPLY WITH STATE LAW, AND TO LIMIT THE NUMBER OF DAYS PER WEEK WHEN BINGO MAY BE PLAYED. CA 91.10 (For subsequent action on this ordinance, see Minutes Page 427.) PUBLIC HEARING Mayor Evans announced that ALLOCATION OF REVENUE SHARING this was the time and place FUNDS - A.A. #48 - APPROVED for the public hearing of the proposed reallocation of $130,000 General Revenue Sharing funds for the entitlement period #8 and #9 from the funds presently designated for equip- ment and remodeling of Fire Station #5, to the purchase of property for the reconstruction of Fire Station #4 at 1431 South Broadway. City Manager Bruce Spragg stated that the proposed reallocation was determined to be more advantageous to the Fire Department, and that Fire Chief B. J. Thompson was available to answer any questions about the recommendation. There being no speakers to this matter in the audience, Mayor Evans closed the public hearing. On the motion of Councilman Garthe, seconded by Councilman Brandt, carried 7:0 unanimously, Appropriation Adjustment No. 48, transferring $130,000 from General Revenue Sharing Account 401-116, Items 5, 6, and 7, to Account 401-116, Item 3, for the entitlement period #8 and #9, was approved. CA 65.3 PUBLIC HEARING - AMENDMENT Mayor Evans announced that APPLICATION #775 - MC FADDEN AVE. this was the time and place ORDINANCE NO. NS-1392 1ST READING for the public hearing of Negative Declaration and Amendment Application No. 775 to rezone property located at 5321 West McFadden Avenue from the Ri (Single-family residence) Dis- trict to the R1-PRD (Single-family residence-planned residential development) District. Planning Director Charles Zimmerman stated that the subject prop- erty is just less than one acre, is currently vacant, is designed in the General Plan as low density residential, and is rectangular in shape; that the Planning Commission, following a public hearing held at a special meeting on October 26, 1977, unanimously recom- mended approval of the proposed rezoning because it is in con- formance with the General Plan and will not be detrimental to existing or proposed uses in the area. There being no speakers to this subject, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Ward, carried 7:0 unanimously, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1392 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 775 TO REZONE PROPERTY LOCATED AT 5321 WEST MC FADDEN AVENUE FROM THE Ri (SINGLE-FAMILY RESIDENCE) DISTRICT TO THE R1-PRD (SINGLE- FAMILY RESIDENCE-PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 17-5-10. CA 10 CITY COUNCIL MINUTES 425 NOVEMBER 21, 1977 PUBLIC HEARING - AMENDMENT Mayor Evans announced that APPLICATION #778 - TUSTIN AVE. this was the time and place ORDINANCE NO. NS-1393 - 1ST READING for the public hearing of Negative Declaration and Amendment Application No. 778 to rezone property located at 310 North Tustin Avenue from the A1 (General Agriculture) District to the CS (Arterial Commercial) District. Planning Director Charles Zimmerman stated that the subject prop- erty consists of 15,120 square feet, is currently being used for single family residential purposes, is designated by the General Plan for community shopping center; and that the Planning Commis- sion, following public hearing on October 26, 1977 unanimously recommended approval of the proposed rezoning because it is in conformance with the General Plan and will not be detrimental to existing or proposed uses in the area. There being no speakers to the subject, Mayor Evans closed the public hearing. On the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Ward, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1393 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 778 TO REZONE PROPERTY LOCATED AT 310 NORTH TUSTIN AVENUE FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE C5 (ARTERIAL COMMER- CIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 8-5-9. CA 10 RECESS At 8:22 P.M. Mayor Evans called a recess of the meeting; the meeting was reconvened at 8:35 P.M. PROPOSED RESOLUTION CONCERNING Mayor Evans announced that PRACTICE OF ABORTION this is not a public hear- REFERRED TO CITY ATTORNEY lng, but that a total of thirty minutes would be given to those persons wishing to speak on the matter, alternating between pro and con speakers. City Attorney Keith Gow summarized his comments in a memorandum to Council dated November 16, 1977 which generally stated that the City has no jurisdiction concerning the practice of abortion, and that the matter is a moral and ethical one. He recommended that the City Council take no action, except to receive and file the request that Council take a position by resolution from Edward J. Allen, 2510 French Street. Councilman Ward moved to receive and file the proposed resolution; the motion was seconded by Mayor Evans, but failed to carry on a 1:5 vote, with Councilmen Bricken, Brandt, Yamamoto, Garthe, and Ortiz dissenting. Councilman Ward left the meeting at 8:45 P.M. prior to the vote on his motion. Those persons wishing to speak in favor of the proposed resolu- tion presented by Mr. Allen were: Lois Farish, Pro-Life Council, 1361 Longmont Place Edward Allen, 2510 French Street Anne Famalaro, 2110 Victoria Drive Stuart Knight, 1678 W. Broadway, Anaheim Warren Booth, 320 Park Vista, Anaheim CITY COUNCIL MINUTES 426 NOVEMBER 21, 1977 Mrs. Earish provided Council with a color brochure entitled "Life or Death", and after describing various abortion procedures she stated that the members of her organization feel strongly that when a child is conceived, a choice has been made and to take the life of an unborn child is immoral. Mr. Allen stated that he thought it the duty of public officials to speak out loud and clear on matters of morals and ethics, and he gave Biblical cita- tions to support his position (Luke 11:51-S2; Matthew 25:31-46; and Revelations 3:16). Mr. Knight also stated that there is no reason why the Council cannot speak out on the issue, and he cited President Carter's position on human rights as an example of such action by a public official. Comments by Anne Eamalaro and Warren Booth were supportive of the positions taken. One speaker, Carol Caspers, stated that she was not in favor of the Council taking a position on this matter. Council received 30 letters and petitions with 1,046 signatures in support of the adoption of the resolution disapproving the practice of abortion and the abortion clinic at 1600 North Broad- way; there were five letters received against its adoption. On the motion of Councilman Ortiz, seconded by Councilman Brandt, and carried 5:1, with Mayor Evans dissenting, the proposed resolu- tion opposing the practice of abortion was referred to the City Attorney for redraft to be submitted to Council on December 12, 1977 for consideration. CA 151 ORAL COMMUNICATION The request of Jerome PRORATION OF DOG LICENSE FEE Schultz, 1248 South Ever- REFERRED TO CITY ATTORNEY green Street, for a pro- rated dog license fee was, by informal unanimous consent of Council, referred to the City Attorney for consideration. CA 65 TRAFFIC SIGNAL REQUEST Esther Gailey, 801 South HIGHLAND & PARTON Parton, presented a peti- REFERRED TO STAFF tion containing 38 signa- tures to Council with her request for a stop sign at the intersection of Highland and Parton Streets. Her petition was received and referred to Staff for review and recommendation, on the motion of Councilman Garthe, seconded by Councilman Brandt, and carried 6:0. CA 18.3 RECONSIDERATION OF On the motion of Council- BINGO ORDINANCE man Brandt, seconded by APPROVED Councilman Garthe, the action taken by Council at this meeting to place Ordinance No. NS-1396, as amended, on first reading was scheduled for reconsideration on December 12, 1977 on a 4:2 vote, with Mayor Evans and Councilman Ortiz dis- senting. (Minutes Page 424) CA 91.10 ANNEXATION OF "ISLANDS" On the motion of Council- WITHIN CITY'S SPHERE OF INFLUENCE man Garthe, seconded by PREPARATION OF DOCUMENTS AUTHORIZED Mayor Evans, carried 6:0 unanimously, the City Attorney was authorized to prepare the appropriate documents to annex all islands that come within the sphere of influence of the City of Santa Ana as of January 1, 1978. CA 94 CITY COUNCIL MINUTES 427 NOVEMBER 21, 1977 POLICE OFFICER DANIEL HALE Councilman Brandt encour- MEMORIAL FUND aged everyone to contribute ?BA RECOMMENDATION REQUESTED to the Daniel Hale Memorial Fund. Officer Hale was killed in the line of duty on November 12, 1977. On the motion of Councilman Brandt, seconded by Councilman Bricken, unanimously carried 6:0, the Police Benevolent Association was requested to make a recommendation to Council for an appropriate memorial, or possibly a memorial honoring both Officer Hale and Officer Nelson Sasscer, who was killed in the line of duty in 1969. CA 47; CA 73B ADJOURNMENT At 9:48 P.M. Mayor Evans adjourned the meeting by unanimous informal consent of Council. [-LORENCE I. MALONI~ CLERK OF THE COUNCIL CITY COUNCIL MINUTES 428 NOVEMBER 21, 1977 il I I