Loading...
HomeMy WebLinkAbout12-12-1977MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 12, 1977 The meeting was called to order by Mayor Vernon S. Evans in the City Council Chambers, 22 Civic Center Plaza, at 2:00 P.M. The following Council members were present: David F. Ortiz, Harry K. Yamamoto, David L. Brandt, James E. Ward, John Garthe, and Mayor Evans. Councilman Gordon Bricken arrived at 2:22 P.M. Also present were the following Staff members: City Manager Bruce C. Spragg, City Attorney Keith L. Gow, Assistant City Mana- ger Ronald Wolford, Director of Public Works John Stevens, Planning Director Charles C. Zimmerman, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Ortiz. CONSENT CALENDAR Councilman Yamamoto ITEMS REMOVED OR CORRECTED requested removal of & DISSENTING VOTES Item 5 C from the Con- sent Calendar; Item 2 A was removed by the request of Mayor Evans; Items 5 G, $ H, S L were removed by Councilman Ward for consideration following Item 62 (Preliminary Condominium Conversion Study Report). Mayor Evans corrected Item 4 F to remove the Planning Protest erroneously included on the Agenda. Dissenting votes were registered by Councilman Ward on Items 2G, 4 C and 5 K. CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS approved 6:0 motion of APPROVED Councilman Ward, seconded by Councilman Garthe, Council approved the recommendations of Staff on the following Consent Calendar Items: MINUTES Regular Meetings ber 5, 1977. Approved the Minutes of the Adjourned Regular Meeting of November 11, 1977 and the of November 21, No~ember 29, and Decem- BID CALLS following: Approved plans and specifica- tions, and authorized adver- tisement for bids on the SPEC 77-089 - Diesel-fueled air compressor. SPEC 77-090 - Self-propelled concrete saw. SPEC 77-091 - Rotary mower and vacuum. SPEC 77-092 - Street sweeper maintenance. CITY COUNCIL MINUTES 433 DECEMBER 12, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 77-093 - Painting of one fire truck. SPEC 77-095 - Removal of 152 pine and eucalyptus trees. Councilman Ward registered a NO vote. (Agenda Item 2 G) PROJECTS 5054, 5055, 5057 & 5059 - Modification of four traffic signal installations at 17th and Grand, Bristol and Segerstrom, Bristol and Mac Arthur, and 17th and Tustin. PROJECT 6131 Construction of Fourth Street (down- town) planters. CA 89 BID AWARDS Awarded the following on basis of lowest responsible and best bidder: SPEC 77-045 - One van (replacement); awarded to Santa Aha Dodge, Santa Ana, in the total amount of $5,471.64. SPEC 77-074 - Lease-purchase of two copy machines; awarded to California First Bank, Fullerton, in the total amount of $17,899.52 for a 36 month period. Rejected the bid from Dunton Ford as being non-responsive to the specification; and awarded the following on basis of lowest responsible and best bidder: SPEC 77-046 - Five compact automobiles; awarded to Roger Miller Chevrolet, Laguna Beach, in the total amount of $22,553.46. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: JOUBRAN, Faraj and Michel - 2206 South Main Street Original Type "41" On-sale Beer & Wine (bona fide eating place) PROTEST - PLANNING (Minor Exception required). CA 146.1 BOYAJIAN, Mike and MARKARIAN, Ashot A. 2222 East First Street - Original - Type "41" On-sale Beer & Wine (bona fide public eating place). MALONE, James D and Lawrence E. - 2920 West Warner -Original - Type "47" On-sale General (bona fide public eating place). Councilman Ward registered a NO vote. (Agenda Item 4 C) GOBEO CORP. - 1003 South Bristol Street - Person-to- Person Transfer -Type (21) Off-sale General. CA 146 NATIONAL FAST FOODS, INC., 1131 South Grand Avenue Original Type ',41" On-sale Beer & Wine (bona fide public eating place) PROTEST - PLANNING (Minor Exception required). CA 146.1 RAMtREZ, Frank, J., Jr. - 903 East Fourth - Person- to-person Transfer - Type "41" On-sale Beer & Wine (bona fide public eating place). (Agenda Item 4 F) CA 146 CITY COUNCIL MINUTES 434 DECEMBER 12, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NATIONAL FAST FOODS, INC. 3950 South Main Street - Original - Type "41" On-sale Beer & Wine (bona fide public eating place) PROTEST - PLJu~NING (Minor Excep- tion required). CA 146.1 VARIANCES, CONDITIONAL USE Approved and filed the Negative PERMITS & MINOR EXCEPTIONS Declarations or Notices of Exemp- tion as applicable, and Findings of Fact by Planning Commission or Zoning Administrator, on the following: NEGATIVE DECLARATION & VA 77-61 - Filed by R. Neil Manos & Associates to allow the use of property in the Ri District for a secondary exit drive from a proposed commercial parking lot at 525 N. Grand and 1302-1304, 1314 and 1322 East Sixth Street in the RI, R lB and C5 Districts. DENIED. NEGATIVE DECLARATION & VA 77-63 - Filed by Texaco, Inc. to allow auto and truck sales and leasing at 601 East Seventeenth in the C5 and R lB Districts. APPROVED. NEGATIVE DECLARATION & VA 77-47 - Filed by California Realty Fund to modify an existing variance to allow a condominium conversion and separate day care facility for children at 2501 West Sunflower in the RI District. (403 units) APPROVED. CA 13 NEGATIVE DECLARATION & CUP 77-20 Filed by California Realty Fund to allow the conversion of a 403-unit apart- ment complex to condominiums at 2501 West Sunflower in the Ri District. APPROVED. NOTICE OF EXEMPTION & CUP 77-18 - Filed by Lakeshore Tennis Club Apartments to allow the conversion of a 302-unit apartment complex to condominiums at 2801-2875 South Fairview in the R4 District. APPROVED. NEGATIVE DECLARATION & CUP 77-30 Filed by King Kauai, Ltd., to allow conversion of existing apartments to condominiums at 1602 North King Street in the R4 Dis- trict (124 units) APPROVED. NEGATIVE DECLARATION & CUP 77-32 Filed by Marinacci- Lindborg to allow a condominium development at 309 N. Mountain View in the A1 District (rezoning in progress, see A.A. 776) (21 units) APPROVED. NEGATIVE DECLARATION & CUP 77-33 - Filed by Thomas Talbot Enterprises, Inc. to allow retail sales of furni- ture at 600 W. Warner in the Mi District. APPROVED. Councilman Ward registered a NO vote. (Agenda Item S K) NEGATIVE DECLARATION & CUP 77-37 - Filed by Marinacci- Lindborg to allow a condominium (33 units) development at 200 N. Newhope Street in the A1 and C2 Districts (rezoning in progress, see A.A. 780). APPROVED CA 13.1 NOTICE OF EXEMPTION & EX 77-31 - Filed by Ed Mayer (Togo's Eatery) to allow on-sale beer and wine in a pro- posed restaurant in a shopping center, which is within 300 feet of residences, at 2860-E South Bristol in the CR District. APPROVED. CA 13.2 CITY COUNCIL MINUTES 435 DECEMBER 12, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued DEEDS WITH CASH Approved the following GRANTEE CITY deeds and authorized Mayor to sign all necessary docu- ments in connection with the purchases, and approved the corrected consideration of $7,400 (previously $5,170) as full payment to Mr. Ed Gentleman: PEARSON, George A. and Barbara J. and LAZAR, Gary and Rebecca S. - Northwest corner First and Newhope for West Branch Library site. SARVER, Dale B. and Helen A. - North side of Seven- teenth Street at English for street and vehicular access. COLE, Waiter W. and Matryce H. - North side of Seven- teenth Street west of Alona for street and vehicular access. GENTLEMAN, Edward G. and Kathleen L. - South side of Seventeenth, West of Alona for street and vehicular access. FREEMAN, Velma L. Northwest corner of Fifteenth Street and Flower Street for street access. CA 155 DEED NO CASH GRANTOR CITY Authorized execution of the following deed by Mayor and Clerk: Various Owners of Record - North of Segerstrom, west of Harbor, for drainage easement relinquishment. CA 155 TENTATIVE PARCEL & Approved and filed the Negative TRACT MAPS Declarations, or Notices of Exemption, approved the follow- ing subject to conditions contained in Planning Director's reports, and waived the alley requirement on each of the Parcel Maps: NOTICE OF EXEMPTION & TRACT 10220 - Filed on June 24, 1977 by Lakeshore Tennis Club Apartments creating one R4 lot; proposed lot to be used for condominium purposes; generally located on the north side of Seger- strom Avenue between Greenville and Fairview Streets. NEGATIVE DECLARATION & TRACT 9980 - Filed on July 13, 1977 by Sunflower Ltd. creating one RI lot; proposed lot is to be used for condominium purposes; generally located on the northeast corner of Greenville Street and Sunflower Avenue. NEGATIVE DECLARATION & TRACT 10038 - Filed on Septem- ber 27, 1977 by King Kauai, Ltd. creating one R4 lot; proposed lot is to be used for condominium purposes; generally located on the west side of King Street, approximately 265 feet south of Seventeenth. NEGATIVE DECLARATION & TRACT 10060 - Filed on Octo- ber 12, 1977 by Rudy Larkin creating one R3H HDII lot; proposed lot is to be used for condominium purposes; generally located on the east side of Spurgeon Street, 49 feet south of Ninth Street. CITY COUNCIL MINUTES 436 DECEMBER 12, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NOTICE OF EXEMPTION & TRACT 10115 - Filed on October 14, 1977 by Rudy Larkin creating one R3H HDII lot; proposed lot is to be used for condominium purposes; generally located on the east side of Spurgeon Street, 136.5 feet south of Washington Avenue. CA 25 NEGATIVE DECLARATION & PARCEL 1032 Filed on October 28, 1977 by Ruby McFarland Dickey creating four C2 parcels; all proposed parcels to be used for commercial and residential purposes; generally located on the southeast corner of Westminster Avenue and Newhope Street. NEGATIVE DECLARATION & PARCEL 1033 - Filed on October 28, 1977 by Zimmer Construction Company creating four C2 parcels; all proposed parcels to be used for commercial purposes; generally located on the northwest corner of Warner Avenue and Pacific Avenue. NEGATIVE DECLARATION & PARCEL MAP 1034 - Filed on Novem- ber 3, 1977 by Knudsen Dairy Products Company creating two Mi parcels; both proposed parcels to be used for industrial purposes; generally located on the northeast corner of Dyer Road and Halladay Street. NEGATIVE DECLARATION & PARCEL 1035 - Filed on November 11, 1977 by Edward W. Pape creating two C1 parcels; both pro- posed parcels to be used for commercial purposes; gener- ally located on the north side of Seventeenth Street, 275 feet east 'of Bristol Street. NEGATIVE DECLARATION & PARCEL 1037 - Filed on November 15, 1977 by Amos Krausz creating two CR parcels; both proposed parcels to be used for commercial uses (Parcel 1 to be Best Products and Parcel 2 to be Burger King); generally located on the west side of Bristol Street, north of Segerstrom Avenue. CA 25 RELOCATION ASSISTANCE PROGRAM Approved payment of the following: PROJECT 1360 - North Flower Street widening - Payment of $4,000 to Mrs. Jean Haines as a relocation benefit to a displaced tenant under the provision of the Re- location Assistance Program. CA 29.8 AGREEMENTS Approved the following agree- ments and authorized their execution by Mayor and Clerk: APPRAISAL SERVICES - Between City and Robert McHolland to provide appraisal services for Project 8125 - Ex- pansion of Fire Station #4 Site at Broadway and Edinger. A-77-133 AUTOMATIC IRRIGATION SYSTEMS & TURF - Between City and Santa Ana Unified School District for City adminis- tration of the installation of automatic irrigation systems and turf improvements at Jerome, Madison, Adams and Windsor School/Park Sites. A-77-134 EXTENSION OF FEDERAL GRANT FOR ORANGE COUNTY NARCOTIC INDEX OFFICE - Between City and State Office of Criminal Justice Planning to extend funding from November 30, 1977 to January 31, 1978. A-77-135 CITY COUNCIL MINUTES 437 DECEMBER 12, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued EXTENSION OF CONTRACT EMPLOYEE SERVICES UNDER ORANGE COUNTY NARCOTIC INDEX GRANT - Between City and Robert H. Peterson to extend his contract from November 30, 1977 to January 31, 1978. A-??-136 EXTENSION OF CONTRACT EMPLOYEE SERVICES UNDER THE ORANGE COUNTY BURGLARY INDEX GRANT - Between City and Barbara Jane Swango to extend her contract for services from December 31, 1977 to February 28, 1978. A-??-137 MUTUAL AID FOR RECIPROCAL USE OF FIRE TRAINING FACILI- TIES ~ Between City and the United~States of America Department of the Navy to allow cross training between the two agencies at the Marine Corps Air Station (Helicopter) and the City's Firefighting Training facilities. A-77-138 BOARDS & COMMISSIONS Ratified the appointment of Adela Salinas (Council declared its intention to appoint on November 21, 1977) to the Human Relations Commission/ Housing Advisory Commission for a term ending August 1, 1981, replacing Linnea Dulak. CA 131.2 LIABILITY CLAIMS Referred to administration Claims received from November to December 5, 1977. 15, Authorized settlement of Wayne R. Tocas vs. City of Santa Ana in the amount of $3,500. CA 65.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS to December 5, 1977. Received and filed report of Proclamations issued by the Mayor from November 15, CA 46 * ~ * * * * ~ ~ CONSENT CALENDAR FINIS BID CALL - SPEC 77-081 FLOWER STREET PARK CONTINUED TO DEC. 19 on the unanimously approved seconded by Councilman Ward: Council continued considera- tion of the following item to its regular meeting of December 19 at 7:30 P.M., 6:0 motion of Councilman Ortiz, SPEC 77-081 - Flower Street Park play equipment. (Agenda Item 2 A) (Minutes Page 446) CA 89 AGENDA ORDER Consideration of Negative VARIANCE 77-64 - 1727 E. 17TH Declaration and Variance CONTINUED TO EVENING No. 77-64 was continued to the final item of the afternoon Agenda by unanimous 6:0 vote, on the motion of Councilman Yamamoto, seconded by Councilman Garthe. (Agenda Item 5 C) (Minutes Pages 446 & 454) CA 13 CITY COUNCIL MINUTES 438 DECEMBER 12, 1977 AGENDA ORDER Consideration of Condi- CUP 77-26, 77-27 & 77-36 tional Use Permits No. CONTINUED TO LATER IN MEETING 77-26 (922-926 N. Bewley Street), 77-27 (809 N. Spurgeon Street) and 77-36 (1119 N. Spurgeon), all pertaining to condominiums, was continued until later in the meeting fol- lowing Item 62, "Preliminary Condominium Conversion Study", by unanimous informal consent of Council. (Agenda Items 5 G, 5 H, and 5 L) (Minutes Pages 443 & 444) CA 13.1 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 Garthe, and carried 6:0 unanimously. ORDINANCE NO. NS-1392 AN ORDINANCE OF THE CITY A.A. 775 - 5321 W. MC FADDEN OF SANTA ANA APPROVING ADOPTED 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 was placed on second reading and adopted by unanimous 6:0 vote, on the motion of Councilman Ward, seconded by Councilman Yamamoto. CA 10 ORDINANCE NO. NS-1393 AN ORDINANCE OF THE CITY A.A. 778 - 310 N. TUSTIN OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. ?78 TO REZONE PROPERTY LOCATED AT 510 NORTH TUSTIN AVENUE FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE CS (ARTERIAL COMMERCIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 8-5-9 was placed on second reading and adopted on the motion of Councilman Yamamoto, seconded by Council- man Garthe, and carried unanimously 6:0. CA 10 ORDINANCE NO. NS-1380 The following ordinance ISSUANCE OF CITATIONS was continued to January 3, CONTINUED TO JAN. 3 1978 on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Brandt: ORDINANCE NO. NS-1380 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY REPEALING SEC- TION 16-7 AND ADDING SECTION 1-18 TO PROVIDE FOR THE AUTHOR- ITY FOR CERTAIN PUBLIC OFFICERS AND EMPLOYEES TO ISSUE CITA- TIONS FOR VIOLATIONS OF PORTIONS OF THE SANTA ANA MUNICIPAL CODE. CA 79; CA 80 ORDINANCE NO. NS-1394 Council continued con- VEHICLES FOR HIRE sideration of the follow- CONTINUED TO DECEMBER 19 ing ordinance to the Decem- ber 19 evening meeting, on the unanimously carried 6:0 motion of Councilman Ward, seconded by Councilman Garthe: 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 (Ambulances and Taxicabs). CA 96; CA 26 CITY COUNCIL MINUTES 439 DECEMBER 12, 1977 Councilman Bricken arrived at 2:22 P.M. during discussion of the following item. ORDINANCE NO. NS-1397 AN ORDINANCE OF THE CITY USE OF PROPERTY AS MISSION OF SANTA ANA AMENDING SEC- 1ST READING; SET FOR HEARING TIONS 41-377 AND 41-395 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTION 41-120.1, TO PROVIDE FOR USE OF PROPERTY IN THE C-2 AND C-3 ZONES AS A MISSION was placed on first reading and set for public hearing on January 3, 1978 at 7:30 P.M. in the Council Chambers, on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 6:1, with Councilman Yamamoto dissenting. CA 78; CA 10.1 RESOLUTION NO. 77-139 JOSE VARGAS DAY ADOPTED AND PROCLAIMING DECEMBER 15, 1977, AS adopted by unanimous 7:0 vote, on the seconded by Councilman Bricken. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA COMMENDING POLICE OFFICER, JOSE VARGAS, "JOSE VARGAS DAY" was motion of Councilman Ward, CA 73B RESOLUTION NO. 77-140 Council continued the PRACTICE OF ABORTION following resolution to CONTINUED TO DECEMBER 19 December 19, 1977 at 7:30 P.M. on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 6:1, with Councilman Yamamoto dissenting: RESOLUTION NO. 77-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING THE PRACTICE OF ABORTION EXCEPT TO SAVE OR PRESERVE THE LIFE OF THE MOTHER. CA 151 An amendment to the motion, to set the matter for public hearing, moved by Councilman Bricken and seconded by Councilman Ortiz, carried 5:2, with Councilman Ward and Mayor Evans dissenting. RESOLUTION NO. 77-141 A RESOLUTION OF THE PRORATED DOG LICENSE TAX CITY COUNCIL OF THE ADOPTED CITY OF SANTA ANA AMENDING RESOLUTION NO. ??-53 PROVIDING FOR PRORATED DOG LICENSE TAX was adopted on the unanimously carried ?:0 motion of Councilman Garthe, seconded by Councilman Brandt. CA 65 RESOLUTION NO. 77-142 A RESOLUTION OF THE BOWERS MOBILE MUSEUM CITY COUNCIL OF THE ADOPTED CITY OF SANTA ANA COMMENDING THE ESTABLISH- MENT OF THE BOWERS MOBILE MUSEUM PROGRAM was adopted on Council- man Brandt's motion, seconded by Councilman Ward, by unanimous 7:0 vote. CA 85 CALIFORNIA TRANSPORTATION On the motion of Council- COMMISSION APPOINTMENT man Brandt, seconded by AUTHORIZED LETTER TO GOVERNOR Councilman Ward, unani- mously ?:0 carried, the Mayor was authorized to write a letter to Governor Edmund G. Brown in support of the appointment of an Orange County repre- sentative to the newly created California Transportation Commis- sion. CA~13.5 CITY COUNCIL MINUTES 440 DECEMBER 12, 1977 The action was taken in response to a written request, dated December 2, 1977 from Leslie S. Spahnn, Finance Officer of the Orange County Transportation Commission and in support of a letter to the Governor, from the Orange County Transportation Commission, dated December 1, 1977, endorsing five candidates, Mary-Evelyn Bryden, Tony Di Giovanni, G. J. "Pete" Fielding, Doreen Marshall and Frances Wood, for consideration. CA 113.5 ORANGE COUNTY VECTOR CONTROL The City Council was DISTRICT REPRESENTATIVE advised by a letter dated RICHARD VOGL REAPPOINTED December S, 1977 from Gilbert L. Challet, District Manager, that the term of the City's representative to the Orange County Vector Control District would end on Decem- ber 31, 1977. Richard Vogl was reappointed for a two-year term ending December 31, 1979, on the unanimously ?:0 approved motion of Councilman Garthe, seconded by Councilman Yamamoto. CA 54 CORBIN-JEROME BAZAAR FINANCIAL REPORT FILED Services Manager William J. dated December 5, 1977, was A financial report for the Corbin-Jerome Bazaar held on October 29, 1977 submitted by Leisure Palethorpe, along with his report received and filed on the motion of Councilman Brandt, seconded by Councilman Bricken, and carried ?:0 unanimously. The reported total profit was only $24.22, but the Centers considered it a good beginning, and hope to make the Bazaar an annual event. The report was pre- sented in response to Council's request on September 19, 1977. CA 131.6 STADIUM SOUND STATUS REPORT FILED SYSTEM describing a program for the redesign sound system at the Eddie West Field A status report dated December 5, 1977 by Leisure Services Manager William J. Palethorpe, and improvement of the Santa Ana Stadium, was received and filed on the motion of Councilman Brandt, seconded by Councilman Ward, and carried 7:0 unanimously. He reported that specifications for an anticipated January 16, 1978 bid call are in the process of preparation. CA 89; CA 52.8 SANTIAGO CREEK PLAN & E.I.R. STATUS REPORT FILED a status report dated December 6, of Recreation and Parks Robert E. City's consideration of the Lower and Environmental On the motion of Council- man Ward, seconded by Councilman Brandt, and unanimously ?:0 carried, 1977, prepared by Director Gresham, concerning the Santiago Creek Specific Plan Impact Report, was received and filed. The Director reported that a hearing on the EIR and Specific Plan had been held by the City Board of Recreation and Parks, who found the EIR to be inadequate in its discussion of noise, odor, parking, privacy and security, pollution, vegetation and wild life impacts on the City; and that it does not provide proper mitigation of these impacts. The Board approved the exclusion of recreational trails within existing and future right-of-way of Santiago Creek from Santa Ana River to Santa Ana Freeway. The Board also approved locating a bike trail along Memory Lane from the Santa Ana River to one block east of Flower Street, then south to Santiago Creek; consistent with Council Resolution No. 74-37. CA 112.16 CITY COUNCIL MINUTES 441 DECEMBER 12, 1977 COMMUNITY PLAN PROGRAM By a 6:1 vote, with Coun- CONSULTANT'S FINAL REPORT cilman Yamamoto dissenting, ACCEPTED DRAFT; AUTHORIZED Councilman Ward's motion, PHASED IMPLEMENTATION seconded by Councilman Brandt, carried authorizing the following action: Accepted the final consultant draft, the "Central, South Central and West Santa Aha Community Plans" and the "Implementation and Phasing Report, 1977-80", submitted by the consultant, Archiplan Urban Design Collaborative; Levander, Partridge, & Anderson, Inc.; POD, Inc.; Crommelin-Pringle and Associates, Inc.; Jerry L. Pollak, A.I.A. and Associates; and Fred H. Squires, Jr., as those required by the contract provisions with the following stipulations: The Community Plans and Phasing and Implementation Report shall be: 1) Utilized as a resource document and the policy guide for the planned judicious use and phased programming of housing and community development funds; 2) Used as the basis for evaluation of the future capital improve- ment programming for the West, Central and South Central Planning Areas; and 3) The guide to consider future land use, traffic and social planning for the areas. The motion further deleted the Logan Neighborhood from the Central Community Plan, and directed that the Logan question be resolved via a zone change, General Plan amendment and realignment of Civic Center Drive, estimated to take approximately ten months; and deleted the $500,000 fifth year allocation and the $250,000 sixth year allocation for indus- trial redevelopment in the Logan Neighborhood and placed those funds in the contingency accounts for their respective years. In response to Council questions, Associate Planner Robert Sund- strom reported that the Santa Ana Organizing Committee had been involved in the review of the proposed plans, especially concern- ing the Logan area, and had accepted the Staff recommendation as it was proposed to the Planning Commission. 140.20 MEMBERSHIP IN NIWA A report requested by COUNCIL REFERRAL NO. 19-77 Council, prepared by FILED; REFERRAL DELETED Director of Public Works John E. Stevens, dated December 6, 1977 and providing a reevaluation of the City's membership in the Newport-Irvine Waste Management Planning Agency (NIWA), was received and filed, and Council Referral No. 19-77 was deleted from the Summary, on the motion of Councilman Brandt, seconded by Councilman Ward, and carried 6:1, with Councilman Garthe dissenting. Mr. Stevens concluded that any 208 Waste Treatment Management Plan, developed by NIWA, for the South Coast Area, could not be submitted for certification by the Governor if it were not fully approved by all affected and implementing agencies, includ- ing the City; and that there is no overwhelming benefit to be derived from renewed membership in NIWA. 145.12 GOVERNOR'S'YOUTH SERVICES PROJECTS On the motion of Council- FILED man Garthe, seconded by Councilman Ward, and carried 6:1, with Coun- cilman Bricken dissenting, Council received and filed a report prepared by Manpower Coordinator Keith Blunt, dated November 30, 1977, advising Council that approximately four million dollars will become available to the State Governor for Special Youth Ser- vices Project under the Youth Employment and Demonstration Project Act of 1977, and that Staff is researching a potential project for future Council approval. 140.3 CITY COUNCIL MINUTES 442 DECEMBER 12, 1977 COMMUNITY DEVELOPMENT PROGRAM Proposed guidelines for a EMERGENCY HOUSING PROJECT Community Development Pro- REFERRED TO HOUSING ADVISORY COMM. gram Emergency Housing Project, submitted by Community Development Coordinator Alice McCullough in her report dated December 5, 1977, were referred to the Housing Advisory Commission for report and recommendation to Council within 30 days with the direction that the Commission give consideration to contracting with an outside agency to provide short term temporary housing for homeless Santa Ana families and individuals, on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Ortiz. CA 140.20 COMMUNITY DEVELOPMENT PROGRAM Program objectives and COMMERCIAL PROPERTY IMPROVEMENT guidelines proposed for GUIDELINES APPROVED Commercial Property Improve- ment Project, as outlined in a report dated December 5, 1977 prepared by Community Develop- ment Coordinator Alice McCullough were approved on the unani- mously carried 7:0 motion of Councilman Ward, seconded by Council- man Yamamoto. The Program involves utilization of $30,000 during 1977-78 to encourage approximately 30 businesses to rehabilitate their properties in the South Main Street, Bristol Street and West Santa Ana areas of the City under a 10% cost of improvements rebate program. CA 140.20 Councilman.Bricken left the Council Chambers, but returned during the discussion of the next item. PRELIMINARY CONDOMINIUM Planning Director Charles CONVERSION STUDY - FILED Zimmerman reviewed the PERIODIC REPORTS REQUESTED status report submitted to Council of the 90-day study of the condominium conversion process in the City initiated by the Planning Commission. He stated that because of an increase in the number of requests for condominium conversions, an ad hoc committee was formed to study the impact of condominium conver- sion on the rental housing market and to develop standards for converted units to provide for some degree of consumer protec- tion. He stated that State law requires 120 days notice of intended conversion to be given to tenants, and that they also be given a 60-day right of first refusal to purchase the con- verted unit. Mr. Zimmerman said that the Planning Commission had directed the Staff to continue its review of conversion impact on the housing stock in the City with the intention of providing, at a later date, specific guidelines and development standards for condominium conversion in the City. The oral and written report dated December 7, 1977, including the "Residential Condominium Conversion Study, Preliminary", were received and filed,.and Staff was directed to report to Council on a periodic basis, on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 7:0 unanim°uslY-Ac 78.7 CONDITIONAL USE PERMIT 77-26 Council approved and filed 922-926 N. BEWLEY STREET the Negative Declaration APPROVED and Planning Commission Finding of Fact on the following on the unanimously approved 7:0 motion of Councilman Ward, seconded by Councilman Brandt: NEGATIVE DECLARATION & CUP 77-26 - Filed by David H. Bates, Jr. to convert four single family residences and two duplexes to condominiums at 922-926 N. Bewley Street in the R2 District. APPROVED. (Agenda Item 5 G) CA 13.1 CITY COUNCIL MINUTES 443 DECEMBER 12, 1977 CONDITIONAL USE PERMIT 77-27 Councilman Ward's motion, 809 N. SPURGEON STREET seconded by Councilman APPROVED Brandt, to approve and file the Negative Declara- tion and Planning Commission Finding of Fact on the following, carried unanimously 7:0: NEGATIVE DECLARATION & CUP 77-27 - Filed by Southwest Environments, Inc. to construct a 12-unit condominium at 809 N. Spurgeon Street in the R 3H District II. APPROVED. (Agenda Item 5 H) CA 13.1 CONDITIONAL USE PERMIT 77-36 The Notice of Exemption 1119 N. SPURGEON and Planning Commission APPROVED Finding of Fact were approved and filed on the following, on the unanimously approved 7:0 motion of Coun- cilman Ward, seconded by Councilman Brandt: NOTICE OF EXEMPTION & CUP 77-36 Filed by Hall & Foreman, Inc. to convert a nine-unit apartment com- plex to condominiums at 1119 N. Spurgeon Street in the R 3H District. APPROVED. (Agenda Item 5 L) CA 13.1 CETA TITLE VI PROJECTS REPORT NON-PROFIT AGENCIES & CITY OPERATED PROJECTS FILED non-profit agencies and the City, Reports dated December 6, 1977 and November 28, 1977 showing the status of projects conducted by respectively, prepared by Research Assistant Rebecca Everett, Manpower Planning, were received and filed, on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt. It was reported that the Manpower Staff had negotiated subcon- tracts with 23 non-profit agencies to operate special projects funded through Title VI of the Comprehensive Employment Training Act (CETA) for the purpose of providing employment for long term unemployed Santa Ana residents; that $1,305,784 has been allocated to create 121 new positions for these special one-year projects; that $1,443,032 has been allocated to create 117 new Title VI positions for special one-year projects within City Departments; and that 85% of the participants in the City projects have been hired and 68% of the projects are fully operational. CA 131.11 MANDATED UNEMPLOYMENT INSURANCE On the recommendation of LOCAL GOVERNMENT EMPLOYEES Deputy City Manager G. "REIMBURSEMENT OPTION" SELECTED David Tayco in his report dated December 6, 1977 Council selected the "Reimbursement Option" to make payment to the State Unemployment Insurance Fund for unemployment insurance coverage to local government employees (Public Law 94-566 signed by President Ford on October 20, 1976), on the motion of Council- man Ward, seconded by Councilman Yamamoto, and carried 5:2'A88.70C with Councilmen Ortiz and Bricken dissenting. NEIGHBORHOOD TRAFFIC PLAN A progress report dated NORTH SANTA ANA AREA. December 1, 1977 on the FILED; STAFF DIRECTED study of traffic on local streets in the north Santa Ana area, conducted jointly by the City Staff and Traffic Commit- tee of the North Santa Ana Homeowners Association, and submitted by Traffic Engineer Joe Foust, was received and filed, and Staff was directed to continue its efforts with the intent of complet- ing the study, including coordination with the residents, in the next 60 days, on the unanimously approved 7:0 motion of Council- man Ward, seconded by Councilman Brandt. CA 18.9 CITY COUNCIL MINUTES 444 DECEMBER 12, 1977 YOUTH COMMUNITY CONSERVATION & By a 5:2 vote, with IMPROVEMENT PROJECTS, A.A. 42 Councilmen Brandt and APPROVED Garthe dissenting to Councilman Ward's motion, seconded by Councilman Yamamoto, the following action was taken: l) Authorized City Manager to submit application for $128,582 to fund proposed project to complete exterior repairs as needed on 60 homes and neighborhood improve- ments within designated target areas; 2) Authorized employment of one temporary (9 months) Manpower Assistant to coordinate project; Approved Appropriation Adjustment No. 42 to provide operating accounts for the program in the total amount of $128,585; and 4) Authorized negotiations with qualified consultants to provide home repair training to program participants. The foregoing action was recommended in a report dated Decem- ber 6, 1977, submitted by Manpower Project Coordinator Keith Blunt. CA 65.3; CA 140.3 APPROPRIATION ADJUSTMENT 56 Appropriation Adjustment PURCHASE OF AUTOMOBILES FOR No. 56 transferring BUILDING DEPT. APPROVED $3,S00 from the Department of Building Safety and Housing Operating Salaries and Wages Account to Capital Machinery and Equipment to fund replacement of three automobiles was unanimously 7:0 approved on the motion of Councilman Ward, seconded by Councilman Yamamoto. CA65.3 APPROPRIATION ADJUSTMENT 57 On the motion unanimously SENIOR CITIZEN CENTER UTILITIES 7:0 approved of Councilman APPROVED Ward, seconded by Council- man Garthe, Appropriation Adjustment No. 57 transferring $10,000 from Anticipated Revenue to provide for the utilities at the Senior Citizen Center was approved. CA 65.3 FUNERAL EXPENSES FOR Appropriation Adjustment OFFICER DANIEL HALE No. 58 transferring $5,000 A.A. NO. 58 - APPROVED from Council Contingency funds to Account 11-012-191 to be used for funeral expenses incurred for Officer Daniel Hale, for payment approved by the City Manager, was approved on the motion of Councilman Brandt, seconded by Councilman Garthe, unanimously 7:0 carried. CA65.3 MEMORY LANE BIKE TRAIL APPROPRIATION ADJUSTMENT NO. APPROVED 59 Councilman Ward's unani- mously ?:0 carried motion, seconded by Councilman Yamamoto authorized: 1) Approval of Appropriation Adjustment No. 59 transferring $12,000 from Council Contingency to fund the Memory Lane Bike Trail between the Santa Ana River and Flower Street; 2) Staff to prepare plans and specifications for the installa- tion of the bike trail; and 3) Staff to prepare a Request for Reimbursement from the County of Orange for the project. CA 65.3 CITY COUNCIL MINUTES 445 DECEMBER 12, 1977 AGENDA ORDER - BID CALL Councilman Ortiz stated FLOWER STREET PARK EQUIPMENT that he had .received a CONTINUED TO DEC. 19 request to continue the Bid Call for Flower Street Park Play Equipment to the evening of December 19, 1977 at 7:30 P.M. Council granted the request on Councilman Ortiz' motion seconded by Councilman Ward, and unanimously 7:0 carried. (SPEC 77-081) (Agenda Item 2 A) CA 89 NEGATIVE DECLARATION & VA 77-64 Negative Declaration and 1727 E. 17TH STREET Variance Application CONTINUED TO EVENING 77-64 filed by Dave Carl- son to allow a roof-mounted sign in addition to a pole sign and to allow patio dining tables in the open at 1727 East Seventeenth in the CS District was continued to the evening Agenda, on the motion of Councilman Bricken, seconded by Councilman Ortiz, and unanimously 7:0 carried. CA 13 A previous motion made by Councilman Ortiz, seconded by Mayor Evans to approve the Negative Declaration and Variance Applica- tion 77-64 failed to carry on a 2:5 vote with the balance of the Council dissenting. A further motion made by Councilman Ward to refer the back to the Planning Commission was not considered as Garthe withdrew his second. matter Councilman A motion then made by Councilman Yamamoto, seconded by Council- man Bricken, to set the matter for public hearing January 3, 1978 was withdrawn in favor of the motion that was adopted to consider the matter after the evening Agenda. (Agenda Item 5 C) CA 13 ORAL COMMUNICATION Councilman Bricken informed E. ORANGE COUNTY WATER DISTRICT the Council that an area in TUSTIN-SANTA CLARA DEANNEXATION Northeast Santa Ana is APPROVED currently paying taxes to the East Orange County Water District, but receiving no benefits. He stated that the area is being provided water service by the City of Santa Ana. On the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt, Staff was authorized to immediately file a request with the Local Agency Formation Commission, for detach- ment from the East Orange County Water District, of the 70-acre area north of Seventeenth Street and west of the Newport Freeway, to be known as the Tustin-Santa Clara Detachment. Staff was re- quested to report back to Council at the January 3, 1978 meeting. CA 94 ORAL COMMUNICATION PARKING REQUIREMENT FOR PROPOSED PROPERTY USE 1434-1440 S. MAIN - REFERRED Markel, owner of the property at On the motion of Council- man Ward, seconded by Councilman Garthe, and carried 7:0 unanimously, the request of J. Ogden 1434-1440 South Main Street, to rescind Variance 2096 approved by Council March 16, 1965, was referred to Staff for report and recommendation on December 19, 1977. Mr. Markel stated that he proposed to acquire a tenant who would use a portion of the building during daytime hours. He stated that he had been advised by the Planning Department that addi- tional off-street parking spaces would be required in conjunction with that proposed use. CA 13.3 CITY COUNCIL MINUTES 446 DECEMBER 12, 1977 ORAL COMMUNICATION MINNIE STREET APARTMENTS REFERRED TO STAFF of McFadden, for violations of the ing, abandoned vehicles and trash, Staff was requested to investigate conditions at the apartments on Minnie and Standard Streets north laws pertaining to overcrowd- and whether the area is a pub- lic nuisance sufficient for action under the municipal abatement proceedings, on the motion of Councilman Ward, seconded by Coun- cilman Bricken, and carried 7:0 unanimously. Councilman Bricken stated his concern with recent newspaper articles citing venereal disease, health problems and overcrowd- ing in the area. Councilman Brandt noted that the excessive numbers of undocumented workers in this area stems from a Federal policy over which the City has no control. CA 99.3 RECESS At 4:05 P.M. Mayor Evans EXECUTIVE SESSION declared a recess of the meeting; the meeting was reconvened at 4:10 P.M. and immediately recessed to an Executive Session to discuss pending litigation; at 4:20 P.M. the meeting was reconvened and immediately recessed for dinner at the Ancient Mariner with State Senator Paul Carpenter and his Aide, Dan Salceda as the Council's guests; the meeting was reconvened at ?:30 P.M. with all Councilmen present. PLEDGE OF ALLEGIANCE INVOCATION Pledge of Allegiance to the Flag. The Invocation was given by Reverend Frank A. Apps of Golden Circle Church, following the CA80.17 PUBLIC HEARING ORDINANCE NS-1395 ADULT ENTERTAINMENT FACILITIES ADOPTED and proposed Ordinance No. NS~1395, ment facilities (adult book store, Mayor Evans announced that this was the time and place for the public hearing of Negative Declaration regulating adult entertain- cabaret, motion picture theatre, on-sale beer and wine establishments, figure model studios, public dance halls, massage and peep show establish- ments). Planning Director Charles Zimmerman announced that the Ordinance received no opposition at the Planning Commission hear- ing held November 14, 1977; and that it was approved on a 4:3 vote of the Commission. Mayor Evans called for speakers on the Ordinance; there was one response. Lee Ogorek, 2202 North Pacific, thanked the Council for proposing this Ordinance. She stated that her neighbors support it all the way because they are interested in a safe, healthy, decent community in which to raise their families; and that Santa Ana can be a fine example for surrounding communities. There being no further speakers, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Bricken, carried 7:0 unanimously, the Negative Declaration was approved and filed, and the following Ordinance was placed on second reading and adopted: CITY COUNCIL MINUTES 447 DECEMBER 12, 1977 ORDINANCE NO. NS-1395 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 41-12, AND ADDING SECTIONS 41-12.1, 41-12.2, 41-12.3, 41-152.1, 41-152.2, AND 41-191 OF THE SANTA ANA MUNICIPAL CODE, TO REGULATE THE USE OF LAND AND STRUCTURES THEREIN; TO SEGREGATE THE LOCATION 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. CA 91 CA 99.3 PUBLIC HEARING Mayor Evans announced AMENDMENT APPLICATION NO. 776 that this was the time ORDINANCE NO. NS-1398 1ST READING and place for the public hearing of Negative Declaration and Amendment Application No. 776 to rezone property located at 309 North Mountain View Street from the A1 (Agriculture) District to the R2-PRD (Multiple Family-Planned Residential Development) District. Planning Director Charles Zimmerman stated that the total area of the square shaped parcel is 93,600 square feet and is cur- rently vacant with the exception of an old house; that a pub- lic hearing was held before the Planning Commission on Novem- ber 14, 1977; that there was no opposition to the proposed zone change and the Planning Commission acted to unanimously recom- ment approval of Amendment Application No. 776 upon a finding that the proposal is in conformance with the General Plan and will not be detrimental to existing or proposed uses in the area. Mayor Evans asked if there were any speakers on this matter. Dennis L. Catron, 8562 Bermuda Avenue, Westminster, stated that he plans a condominium development for the subject property. Kay Wagher, 402 North Mountain View Street, stated that there is not enough room in the school for additional students, and that the traffic is already congested because Mountain View Street provides the only ingress and egress for the area. There being no further comments, Mayor Evans closed the public hearing. On the motion of Councilman Brandt, seconded by Councilman Ward, carried 6:1, with Councilman Yamamoto dissenting, the Negative Declaration was approved and filed, and the following Ordinance was placed on first reading: ORDINANCE NO. NS-1398 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 776 TO REZONE PROPERTY LOCATED AT 309 NORTH MOUNTAIN VIEW STREET FROM THE A1 (GEN- ERAL AGRICULTURE) DISTRICT TO THE R2-PRD (MULTIPLE FAMILY RESIDENCE - PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 9-5-10. CA 10 PUBLIC HEARING Mayor Evans announced that AMENDMENT APPLICATION NO. 777 this was the time and place ORDINANCE NO. NS-1399 - 1ST READING for the public hearing of Negative Declaration and Amendment Application No. 777 to rezone property located on the northeast corner of First and Mountain View Streets from the A1 (General Agriculture) and C2 (General Commercial) Districts to the R2-PRD (Multiple Family-Planned Residential Development)Dis- trict Planning Director Charles Zimmerman stated that the subject Property is an L shaped parcel consisting of approximately 73,525 square feet and is currently vacant; that following a public hearing before CITY COUNCIL MINUTES 448 DECEMBER 12, 1977 the Planning Commission on November 14, 1977 the Commission unanimously recommended approval of the Amendment Application upon a finding that the proposal is in conformance with the General Plan and will not be detrimental to existing or proposed uses in the area. Mayor Evans asked for speakers on the subject. Dennis L. Catron, 8562 Bermuda Avenue, Westminster, stated that the theme of the proposed condominiums would be a continuation of that of the buildings in the area and similar to the project planned under Amendment Application No. 776. Kay Wagher, 402 North Mountain View, stated concern for the crowded condition of schools, and she also stated that there have been instances where condominiums that did not sell were then converted to apartments; and that apartments are less desirable than con- dominium units. There being no further comments, the Mayor closed the public hearing. On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 6:1, with Councilman Yamamoto dissenting, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1399 AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 777 TO REZONE PROPERTY LOCATED AT NORTHEAST CORNER OF FIRST AND MOUNTAIN VIEW STREETS FROM THE A1 (GENERAL AGRICULTURE) AND C2 (GENERAL COMMERCIAL) DISTRICTS TO THE R2-PRD (MULTIPLE FAMILY RESIDENCE - PLANNED RESIDENTIAL DEVELOPMENT) DIS- TRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 9-5-10. CA 10 PUBLIC HEARING Mayor Evans announced AMENDMENT APPLICATION NO. 780 that this was the time ORDINANCE NO. NS-1400 1ST READING and place for the public hearing of Negative Declaration and Amendment Application No. 780 to rezone property located on the west side of Newhope Street between First and Third Streets from the A1 (General Agriculture) and C2 (General Commercial) Districts to the R2-PRD (Multiple Family-Planned Residential Development) District. Planning Director Charles Zimmerman stated that the subject property is an irregular shaped parcel containing approximately 158,000 square feet and is currently vacant; that the planned residential designation would allow a maximum of 14 units per acre and the request is for 9 to 10 units per acre; that the rezoning is in conformance with the General Plan and will not be detrimental to the existing or proposed uses in the area; and that the Planning Commission unanimously recommended appro- val of Amendment Application No. 780 following a public hearing on November 14, 1977. In response to the Mayor's request for speakers on the matter, the following responded: Dennis L. Catron, 8562 Bermuda Avenue, stated that this is a third condominium development designed to change the area between First and Fifth and Newhope and Mountain View Streets. John Salgado, 4022 West First Street, stated that he was opposed to multi-residential in the area; that he would favor single family homes; and that if the condominiums do not sell, they will become apartments. There being no further speakers, Mayor Evans closed the public hearing. CITY COUNCIL MINUTES 449 DECEMBER 12, 1977 On the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Garthe, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1400 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 780 TO REZONE PROPERTY LOCATED ON NEWHOPE STREET BETWEEN FIRST AND THIRD STREETS FROM THE A1 (GENERAL AGRICULTURE) AND C2 (GENERAL COMMERCIAL) DISTRICTS TO THE R2-PRD (MULTIPLE FAMILY RESIDENCE-PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 9-5-10. CA 10 PUBLIC HEARING Mayor Evans announced VACATION - MC FADDEN; RITCHEY that this was the time RESOLUTION NO. 77-143 - ADOPTED and place for the public hearing of Negative Declaration and vacation of a portion of McFadden Avenue between Lyon Street and Ritchey Street and a portion of Ritchey Street between McFadden Avenue and Wilshire Avenue. Charles Zimmerman, Planning Director, stated that the request for a vacation was made by the Santa Fe Land Improvement Company; that in January 1960 the Santa Fe Land Improvement Company had dedicated sufficient land on McFadden and Ritchey Streets for 42 feet of right of way, respectively; that since that time the Code has been revised to require only 40 feet of right of way on McFadden Avenue and 30 feet of right of way on Ritchey Street; that the Planning Commission at a meeting on October 10, 1977 unanimously recommended approval of the vacation requested, reserving an easement for the Southern California Edison Company. Mayor Evans announced that speakers on the subject could come forward to speak; no one wished to speak and the Mayor closed the public hearing. On the motion of Councilman Garthe, seconded by Councilman Ward, unanimously 7:0 carried, the Negative Declaration was approved and filed, and the following Resolution was adopted: RESOLUTION NO. 77-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF MC FADDEN AVENUE BETWEEN LYON STREET AND RITCHEY STREET AND A POR- TION OF RITCHEY STREET BETWEEN MC FADDEN AVENUE AND WILSHIRE AVENUE IN THE CITY OF SANTA ANA, CALIFORNIA. CA 14 PUBLIC HEARING - CONDEMNATION 4505 W. 1ST ST. BRANCH LIBRARY PURCHASE AUTHORIZED Mayor Evans announced that this was the time and place for the con- tinuance of a hearing to determine public interest and necessity for condemnation of real property located at 4505 West First Street for a parking lot for the Newhope Branch Library, and that the matter was continued from November 7, 1977. Manuel Rede, Deputy City Manager, reported that in accordance with Council direction the Staff had been negotiating with pro- perty owners on the north, west, and south sides of the Newhope Branch Library site to effect the purchase or voluntary con- veyance of land necessary for parking at the Library site; that those negotiations have recently been concluded and that Staff has agreed to purchase the 30' x 150.41' strip immediately south of the Newhope Library site owned by Pearson and Associates for a total purchase price of $20,515, and that the project developer of the two parcels on the north and west side of the site, part of the Lloyd Gage property upon which a condominium project is being proposed, has agreed to convey his leasehold interests to the City at no cost; and that Staff is therefore recommending that CITY COUNCIL MINUTES 450 DECEMBER 12, 1977 the condemnation hearing for the property owned by George Pearson on the corner of Newhope and First Street be closed. On the motion of Councilman.Yamamoto, seconded by Councilman Ward, and carried 7:0 unanimously, the following action was taken: l) The Public Hearing on eminent domain proceedings regarding the George Pearson property at the corner of First Street and Newhope Street was closed; and The City Manager and the City Attorney were instructed to conclude negotiations, and to prepare the necessary documents, for the voluntary conveyance to the City of two strips of land on the north and west sides of the Branch Library site. CA 71 PUBLIC HEARING - BLOCK GRANT FUNDS Mayor Evans announced DOWNTOWN HOUSING PROJECT that this was the time REALLOCATION APPROVED and place for the public hearing of the reallocation of First ($27,418), Second ($129,600) and Third Year ($173,982) Community Redevelopment Block Grant Funds to be used as an advance to the Redevelopment Agency's Downtown Housing Project between First and Third, and Ross and Flower Streets. Assistant City Manager Ronald Wolford stated that the City's Community Development Team monitors housing and Community Devel- opment programs; that there will be some projects where it will not be possible to spend all the money allocated; that the Down- town Housing Project Area property values are increasing by sig- nificant amounts and it would be advantageous to the City to proceed with acquisitions as soon as possible; and that excess moneys in Community Development Block Grant Funds (total of $331,000) could be advanced to the Agency to be repaid from the Agency's $750,000 allocation for fiscal year 1978-79. Mayor Evans stated that speakers on this matter would be welcomed at this time. Speakers in favor of the reallocation of Community Development Block Grant Funds to the Redevelopment Agency's Downtown Housing Project were: Lydia Morales, 601 N. Figueroa, Santa Nita Neighbors Augustine Laustaunau, 219 N. Garnsey, Our Lady of Guadalupe Church and Civic Center Barrio Helen Snyder, 634 S. Rosewood, South Central Neighbors Samuel Romero, 2034 S. Spruce St., Logan Community Faith I. Bracamontes, 1605 W. 3rd St., Artesia Neighbors Darrell Gomez, 2210 W. 7th, Artesia Neighbors Elsie Hamilton, 614 S. Wood, United Southwest Neighbors Cheryl Whitaker, 418 S. Hesperian, United Southwest Neighbors William Roa, 2033 Hickory, Delhi Reuben Reyna, Chicano Pintos Rachel Nelson, 14672 Buckingham Pl., Tustin, Concilio Hispano Inez Portillo, 2072 S. Birch, representing Adelante Manuel Gomez, 321 E. Normandy, Image Elizabeth Shearer Ray Villa, LULAC Margaret Sandoval, 715 S. Hesperian, Immaculate Heart Church Although the speakers generally were in favor of the proposed reallocation, a list of demands was presented to Council request- ing that the $331,000 be used by the Redevelopment Agency to buy the worst homes in the Civic Center Barrio; that the four houses sitting on blocks on First Street be fixed within 30 days and moved; and that the other eight houses that the City owns or intends to buy be moved and fixed up within 60 days of purchase; CITY COUNCIL MINUTES 451 DECEMBER 12, 1977 and that a penalty be made against Mead Corporation for any delays which moneys could be used by the Redevelopment Agency to relocate residents. They further demanded that the City guarantee in writing that the $331,000 will be returned for neighborhood pro- jects in the 4th year Community Development Budget; that the guarantee be signed by the City Council, City Manager, Chairman of the Redevelopment Commission and the Redevelopment Director and a representative from each of the seven neighborhood organi- zations. Council also received a letter dated December 12, 1977 from Edison Mays, Chairman of C.A.N.O. Headstart and State Preschool, P.O. Box 4221, Santa Ana supporting the demands of the proponents. There were no further speakers, and the Mayor closed the public hearing. On the motion of Councilman Ward, seconded by Councilman Brandt, carried 7:0 unanimously, the proposed reallocation of $331,000 to be used as an advance to the Redevelopment Agency was approved. On the motion of Councilman Ward, seconded by Councilman Garthe, and carried 7:0 unanimously, the community representatives were reassured that the reallocation is a loan of Community Develop- ment Funds and that it will be returned for approved Community Development Projects. CA 140.20 RECESS Council members present. At 8:55 P.M. Mayor Evans recessed the meeting; at 9:05 P.M. the meeting was reconvened with all PUBLIC HEARING BLOCK GRANT FUNDS Mayor Evans announced that CETA HOME REPAIR PROJECT this was the time and APPROVED place for the public hear- ing of a proposed alloca- tion of Community Development Block Grant Contingency Funds for a CETA Home Repair Program. Assistant City Manager Ronald Wolford stated that Staff is recom- mending that a combination of CETA (Comprehensive Employment Training Act) and Community Development grant contingency funds be reallocated to the Community Development Council's La Bonita- Progresso Home Repair Project and to the Manpower Youth Conser- vation and Community Improvement Program, in the amounts of $12,000 and $20,000, respectively. He stated further that the one-year home repair project is for minor repairs, internal and external, on 50 homes; and that the 9-month Manpower Program would employ 30 young people, primarily high school drop-outs, in an on-the-job training program for minor repairs and exterior house painting. The Human Relations Commission voted unanimously to support the programs and the proposed funding following a public hearing on December 6, 1977. There being no speakers on the subject, Mayor Evans closed the pub- lic hearing. On the motion of Councilman Yamamoto, seconded by Councilman Ortiz, and carried 6:1, with Councilman Brandt dissent- ing, the following action was taken: 1) The Community Development Council La Bonita-Progresso Project was allocated $12,000 of the remaining CETA Home Repair Project money; and The Manpower Y.C.C.I.P. Project was allocated $20,000 from third year Community Development Contingency Fund. CA 140.20 CITY COUNCIL MINUTES 452 DECEMBER 12, 1977 RECONSIDERATION OF ORDINANCE On the motion of Council- NO. NS-1396 REGULATING BINGO man Brandt, seconded by CONTINUED TO DEC. 19 Councilman Ward, carried 7:0 unanimously, recon- sideration of Council action on Ordinance No. NS-1396 regulating Bingo games was continued to December 19, 1977 at 7:50 P.M. CA 91.10 ORANGE TOWERS PROJECT City Manager Bruce Spragg CITY OF ORANGE EIR announced that when the INSTRUCTED STAFF TO OPPOSE proposed Orange Towers Project was called to Santa Ana's attention, a study of the Environmental Impact Report showed deficiencies regarding the impacts on Santa Aha in the areas of traffic, usage of Santiago Park, and he referred to the report by the Assistant Clty Manager dated December 6; that Staff sent a letter to the City of Orange to express Santa Ana's concerns; that our City is advised that a zone change and variance are needed; and that the City Council of Orange had approved a request to amend the Land Use Element of its General Plan to allow for the high rise development at the southwest corner of Town and Country Road and Lawson Way in Orange, despite protests at the hearing on December 6 from Councilman Ward and residents of northeast Santa Aha. Anumber of residents were in the audience who wished to speak to this project; they were: Gregory W. Sanders, 2636 N. Jessee Drive Mickey Madden, 2319 N. Rosewood Bob Kurt, 2610 N. Santiago David Cornfeld, 2308 N. Santiago Ray Warren, 2545 Valencia Lawrence Robertson, 2628 N. Santiago Steve Swytak, 802 Grovemont Mike Flint, 709 E. Park Lane Robert Joseph, 2503 Valencia William May, 2401 N. Santiago A resident of 2410 North French Don Harrington, 2641 N. Santiago Mark Chamberlin, 529 E. Virginia Glenora Cud, 2610 N. Santiago William S. Hunt, 2529 Valencia The speakers pointed out that the project consists of four resi- dential towers up to 21 stories high; that there will be in excess of 700 people in the 5.5 acre site; that there will be 500 dwell- ing units of 90 per acre; that the project is totally incompatible with medium residential character of adjacent northeast Santa Ana area; that the impact of traffic on Santa Ana's Main Street and residential streets, such as Santiago Street and Valencia, both of which go through to Memory Lane and Lawson Way, would be considerable; that Santiago Park is the only open space in the area for use by an additional several hundred people; that there are a great number of younger families in the area who have young children who will be restricted by the heavier traffic flow; and that they are anxious that the Council take action to stop the project by injunction. On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 7:0 unanimously, Staff was instructed to take any and all legal action open to the City to oppose the plan. CA 78.11 CITY COUNCIL MINUTES 453 DECEbIBER 12, 1977 ORAL COMMUNICATION - A.D. 240 Mr. Louis Norman, 13362 COMPLAINT REGARDING ASSESSMENT Nina, Garden Grove, asked REFERRED TO ASSISTANT CITY MANAGER for an explanation of an assessment amount which he says is $54.00 greater than he anticipated. By unanimous informal consent, Council referred Mr. Norman's question to Assistant City Manager Ronald Wolford for resolution. CA 90 ORAL COMMUNICATION Mr. Norman Nienstedt, ENFORCEMENT OF American Legion Post #131, BINGO REGULATIONS 313 North Birch, suggested that permitees who operate bingo games be requested to post a bond to cover the cost of investigation should there be any need to do so; he stated that the $50 fee set by the State is not sufficient to reimburse the City its costs for such investigations. CA 91.10 ORAL COMMUNICATION TREE TRIMMING VALENCIA & VIRGINIA and that they need to be trimmed, An anonymous citizen noted that the trees at Valencia and Virginia have not been trimmed for eight years, sprayed and cleaned up. CA 52 VARIANCE 77-64 1727 E. 17TH In accordance with the OUTDOOR TABLES APPROVED City Attorney's comments ROOF SIGN CONTI~ TO JAN. 3 regarding the two matters that are the subject of the Variance Application (outdoor dining tables and a roof sign), Council concurred with the Planning Commission on their approval of the outdoor dining tables, and set a public hearing January 3, 1978 to consider the roof sign, on the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Garthe. CA 13 ORAL COMMUNICATION - RESOLUTION Reporting on the Executive NO. 77-144 - MITCHELL BROS. THEATER Session held earlier in ADOPTED the meeting, the City Attorney read the follow- ing resolution title, and recommended its adoption: RESOLUTION NO. 77-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DETERMINING THAT THE REAL PROPERTY AND ACTIVITY KNOWN AS THE MITCHELL BROTHERS' SANTA ANA THEATER, LOCATED AT 1565 W. 17TH STREET, SANTA ANA, CALIF- ORNIA IS IN VIOLATION OF ORDINANCE NS-1325 OF THE CITY OF SANTA ANA; DECLARING SUCH ACTIVITY TO BE A PUBLIC NUIS- ANCE, REVOKING ALL LICENSES AND PERMITS, AND ORDERING THE CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO COMPLY WITH SECTION 12-105 OF THE SANTA ANA MUNICIPAL CODE. The resolution was approved 7:0 man Garthe. ADJOURNMENT adopted by title only on the unanimously motion of Councilman Yamamoto, seconded by Council- CA 99.3 CA 149 At 10:10 P.M. Mayor Evans adjourned the meeting with the unanimous informal Council. consent of the FLORENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 454 DECEMBER 12, 1977