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HomeMy WebLinkAbout12-19-1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 19, 1977 The meeting was called to order at 2:02 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Vice Mayor James E. Ward, in the absence of the Mayor. Council members present were: David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, and Vice Mayor Ward. Mayor Vernon S. Evans was absent, and Council- man Gordon Bricken arrived for the evening meeting at 7:56 P.M. The following members of Staff were present: City Manager Bruce C. Spragg, City Attorney Keith Gow, Assistant City Manager Ronald Wolford, Director of Public Works John E. Stevens, Senior Planner William Daugherty, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance the Invocation was given by Councilman Yamamoto. TRASH NEGOTIATIONS REPORT Consideration of the CONTINUED report on the status of the trash contract nego- tiations between the City and Great Western Reclamation, Inc., was continued to the January 3 Council meeting, on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 4:1, with Councilman Ortiz dissenting. The continuance was requested by Tom Black- man, Jr., Great Western Reclamation. (Agenda Item 63) CONSENT CALENDAR DISSENTING VOTE NO vote on Item 4 B. There were no items removed from the Consent Calendar; Councilman Yamamoto registered a CONSENT CALENDAR On the unanimously STAFF RECOMMENDATIONS approved 5:0 motion of APPROVED Councilman Garthe, seconded by Councilman Brandt, Council approved the recommendations of Staff on the following Consent Calendar items: BID CALLS Approved plans and specifica- tions and authorized adver- tisement for bids on the following: PROJECT 1399 - Construct street improvements on Newhope Street at West Branch Library. Rejected all bids on the following because they are above architect's estimate, and authorized rebidding on Phase IV (lighting of existing 9 courts) only: PROJECT 6116 - Cabrillo Tennis Center. CA 89 CITY COUNCIL MINUTES 455 DECEMBER 19, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID AWARDS Awarded the following on basis of only responsible and respon- sive bidder: SPEC 77-072 - One Hurst rescue tool; States Fire Apparatus of California, the amount of $5,701.37. awarded to Western Diamond Bar, in Rejected the alternate bid from ACME Visible Records, Inc. as being non-responsive to the specifications, and awarded the following on basis of lowest responsible and responsive bidder: SPEC 77-080 - One microfiche random file storage and retrieval system; awarded to Galaxy Marketing Co., Santa Ana, in the amount of $8,290.05. Rejected bids from Work Duds and Long Beach Uniform for alternate bids on Boots, and awarded the following on basis of lowest responsible and responsive bidder: SPEC 77-088 - Safety equipment (uniform jackets, pants and boots) for Fire Department personnel; awarded pants and jackets to Long Beach U~iform, Long Beach, in the total amount of $25,425.37, awarded boots to California Uniforms, Inc., Los Angeles, in the total amount of $12,610.29. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: CJPS FOOD CORP. 2510 South Bristol Person-to-Person Transfer - Type "41" On-sale Beer & Wine (bona fide public eating place). SEVILLANO, Leonard A. and Violet I. - 209 North Harbor Blvd. - Person-to-Person Transfer - Type "40" On Sale Beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 B) ROSSI, Thomas R. 2235 South Bristol Street Type "20" - Off Sale Beer & Wine. Original CA 146 DEED WITH CASH & ESCROW Approved the following deed GRANTEE CITY and authorized Mayor to sign all necessary documents in connection with the purchase: ORTLIEB, Henry W. and Jane Ann - North side of Seven- teenth Street east of English for street and vehicular access. CA 155 FINAL TRACT MAP Approved the following final map, accepted the dedications thereon, and the bonds in the amounts set, and authorized execution of the subdivision agreement: TRACT 9842 - West side of Euclid Street 660 feet north of Edinger Avenue; 16 lots. CA 24 CITY COUNCIL MINUTES 456 DECEMBER 19, 1977 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued CHANGE ORDERS Approved the following: PROJECT 7044 - C~5=F Storm drain, Phases I, II, III and IV - Change Order No. 1 increasing the cost by $6)555.94 or .70% of the original contract for the changes listed on the Request for Council Action dated November 17, 1977. PROJECT 8503 - U-1-B Storm Drain - Change Order No. 1 increasing the cost by $44,949.71 or 9.64% of the original contract for the changes listed on the Request for Council Action dated December 12, 1977. CA 89 AGREEMENTS A~proved the following agree- ments and authorized their execution by Mayor and Clerk: ARCHITECTURAL SERVICES = Between City and Robert H. Hippe and George C. Randell for the design of Fire Station.No. 4. A-77-139 COST PARTICIPATION ON VARIOUS FEDERALLY FINANCED TRAFFIC SAFETY IMPROVEMENT PROJECTS - Between City and CALTRANS (CALTRANS NO. 07-5063 - Master Agreement). A-77-140 LIABILITY CLAIMS Referred to administration claims received from Decem- ber 6 to December 12, 1977. CA 65.7B Granted leave to present late claim of Vincent Palmer, a minor claimant, for personal injuries which occurred May 29, 1977. CA 65.7 COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 PROCLAMATIONS to December 12, 1977. Received and filed report of proclamations issued by the Mayor from December 6, CA 46 SURPLUS PROPERTY Declared surplus the 142' x 135' REPORT less 10' spandrel shaped real property parcel, with a 400 square foot garage building, located at the northwest corner of Flower and Glenwood, and authorized its sale at public or sealed bid auction, per Code Section 2.706, on the following: SPR NO. 77-4 - Real property and improvements (garage) appraised at $47,750 acquired in 1974 as a relocation site for Fire Station #4 presently located at Broadway and Edinger Streets. (It has been decided to retain and expand the existing site.) Approved by the Plan- ning Commission December 13, 1977. CA 45 * ~ * * * ~ ~ ~ CONSENT CALENDAR FINIS CITY COUNCIL MINUTES 457 DECEMBER 19, 1977 READING WAIVED Councilman Brandt'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 Yamamoto, and carried unanimously S:O. ORDINANCE NO. HUMAN WASTE FIRST READING NS-1384 lNG TO HUMAN WASTE was placed on carried $:0 motion of Councilman Brandt. AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SEC- TION 10-34 TO THE SANTA ANA MUNICIPAL CODE RELAT- first reading on the unanimously Garthe, seconded by Councilman CA 47 ORDINANCE NO. NS-1398 AN ORDINANCE OF THE CITY A.A. 776 309 N. MOUNTAIN VIEW OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. 776 TO REZONE PROPERTY LOCATED AT 309 NORTH MOUNTAIN VIEW STREET FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE R2-PRD (MULTIPLE FAMILY RESIDENCE - PLANNED RESIDEEVELOPMENT) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 9-5-10 was placed on second reading and adopted by a 4:1 vote, with Councilman Yamamoto dissenting, on the motion of Councilman Brandt, seconded by Councilman Ortiz. CA 10 ORDINANCE NO. NS-1399 AN ORDINANCE OF THE CITY A.A. 777 FIRST & MOUNTAIN VIEW OF SANTA ANA APPROVING ADOPTED 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) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 9-5-10 was placed on second reading and adopted on the unanimously carried 5:0 motion of Councilman Brandt, seconded by Councilman Ortiz. CA 10 ORDINANCE NO. NS-1400 AN ORDINANCE OF THE CITY A.A. 780 - NEWHOPE STREET OF SANTA ANA APPROVING ADOPTED 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 was placed on second reading and adopted by unanimous S:0 vote on the motion of Councilman Brandt, seconded by Councilman Ortiz. CA 10 RESOLUTION NO. 77-145 A RESOLUTION OF THE CITY AHFP PROGRAM PROJECTS COUNCIL OF THE CITY OF ADOPTED SANTA ANA REQUESTING THE COUNTY OF ORANGE TO CAN- CEL ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT NUMBERS 781, 825, AND 826 AND INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF CERTAIN OTHER STREETS WITHIN THE CITY OF SANTA ANA, recommended by the Planning Commission and the Transportation Advisory Committee, was adopted on the unanimously carried 5:0 motion of Councilman Garthe, seconded by Councilman Brandt. CA 29.4A CITY COUNCIL MINUTES 458 DECEMBER 19, 1977 AGENDA ORDER - DEVELOPMENT OF Vice Mayor Ward announced A CITY SOCIAL ELEMENT that Mr. Roy Uno of the DEFERRED TO 3:00 P.M. Human Relations Commission would arrive at the meeting at 3:00 P.M., at which time this matter could be discussed. On the motion of Councilman Garthe, seconded by Councilman Yamamoto, and carried 5:0, the matter was deferred to 3:00 P.M. CENTENNIAL REGIONAL PARK As recommended in a report GENERAL DEVELOPMENT PLAN dated December 7, 1977, APPROVED prepared by Ron Oho of the Recreation and Parks Depart- ment, the Centennial Regional Park General Development Plan was approved, and Staff directed to transmit said action to the Orange County Environmental Management Agency, on the unanimously carried 5:0 motion of Councilman Ortiz, seconded by Councilman Garthe. City Manager Bruce Spragg announced that the Centennial Regional Park General Development Plan has been scheduled for considera- tion by the Board of Supervisors on December 20, 1977. He stated that development of Centennial Park is a 12 million dollar project; that the County has appropriated 2 million dollars for Phase I; that the City has recently received approval for use of $396,350 from a State Land and Water Grant;'that Phase I of the project con- sists of grading, including grading for the lake, planting of trees and preliminary landscaping, provision for utilities for the future development, the bicycle trail and bike stop on the Santa Ana River, and a playground and some picnic benches; that the cost of later Phases will be partially borne by concessionaires who may wish to build restaurants and other facilities that would be mutually approved by the City and the County; and that Phase I is planned to start April 3 and is to be completed by September 15, 1978. CA 52 SOUTH CENTRAL NEIGHBORHOOD On the motion of Councilman ON-STREET PARKING Brandt, seconded by Council- REPORT FILED man Garthe, carried 5:0 unanimously, the report prepared by Traffic Engineer Joe Foust dated December 13, 1977, stating that at the request of the South Central Neighbors, considerable red curb was removed at the intersections of Flower and Bishop and Broadway and Chestnut, except for the minimum to provide proper sight distance, was received and filed. CA 18 2-WAY STOP SIGNS In response to the Novem- HIGHLAND & PARTON ber 21 request of peti- REFERRAL 23-7 - REPORT FILED tioners who reside in the area of Highland and Parton, Traffic Engineer Joe Foust directed that the two-way stop signs be installed, and his December 13, 1977 report to Council was received and filed, and Council Referral No. 23-7 was deleted from the Summary, on the unanimously approved S:0 motion of Councilman Brandt, seconded by Councilman Garthe. CA 18.3 AGENDA ORDER - NEIGHBORHOOD Vice Mayor Ward announced PROBLEMS - MINNIE-STANDARD STREETS that representatives of INTERIM REPORT - DEFERRED the Orange County Health Department had been in- vited to be present at the meeting to provide Council with current information on the health conditions at the Minnie Street Apartments, and that this matter should be deferred to 3:00 P.M. Council concurred with this suggestion on the motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried 5:0 unanimously. CITY COUNCIL MINUTES 459 DECEMBER 19, 1977 REQUEST - RECISION OF VA 2096 A report dated December 15, 1434-1440 SOUTH MAIN 1977 prepared by the Plan- REPORT FILED ning DepartmEnt in response to a request by J. Ogden Markel, owner of the property a~ 1434-1440 South Main Street, for revocation of Variance 2096, affirmed by the City Council on March 16, 1965, was received and filed on the motion of Coun- cilman Garthe, seconded by Councilman Ortiz, and carried 5:0 unanimously. Senior Planner William Daugherty reported that he had discussed the matter with Mr. Markel and had advised him that if he plans to lease the dance hall portion of his building for use during the daytime hours, he would be required to apply for a new variance to waive the additional 25 parking spaces required under the Municipal Code. CA 127 EIR - EXPANSION OF SOUTH COAST Following the oral report TOWN CENTER CITY OF COSTA MESA of City Manager Bruce CONTINUED TO JAN. 3 Spragg, consideration of the Draft Environmental Impact Report for the expansion of Segerstrom South Coast Town Center in the City of Costa Mesa was continued to January 3, 1978, on the unanimously approved S:0 motion of Councilman Yamamoto, seconded by Councilman Garthe. The City Manager reported that he and other Staff members had met with Henry Segerstrom and Grog Butcher to express the City's concerns involving the Environmental Impact Report for the de- velopment at Sunflower and Bristol; that as a result of the meeting, the City was given an additional 30 days, until Jan- uary 22, 1978, to prepare comments on the mutual aid emergency services, impacts of the development, such as traffic circula- tion, air quality and potential growth inducing factors, on the southern areas of Santa Ana; that the portion of the develop- ment that will be constructed first is a 350,000 square foot, 16-story building, a 28 million dollar project; that a meeting is being arranged with representatives of the City of Costa Mesa to discuss this matter further; and that the results of that meeting will be reported to Council on January 3, 1978. CA 78.12 APPROPRIATION ADJUSTMENT #62 On the recommendation CETA TITLE II PROGRAM EXTENSION of Keith E. Blunt, Man- APPROVED power Project Coordinator, in his report dated December 14, 1977, and on the motion of Councilman Brandt, seconded by Councilman Yamamoto, carried 5:0 unanimously, the Council took the following action: 1) Authorized the Mayor and Clerk to execute contract modification #2 for contract number H82087 between the City and the Orange County Manpower Commission for CETA Title II Public Service Employment Programs, and 2) Approved Appropriation Adjustment No. 62 incorporating the additional $947,770 of recently allocated funds from the U.S. Department of Labor to extend the CETA Title II Public Employment Service Programs from September 30, 1977 to September 30, 1978, into the City's Budget. CA 65.3; CA 131.11 CITY COUNCIL MINUTES 460 DBCBMBER 19, 1977 APPROPRIATION ADJUSTMENT #63 On the recommendation CETA TITLE VI PROGRAM EXTENSION of Manpower Project APPROVED Coordinator Keith E. Blunt in his report dated December 14, 1977, and on the motion of Councilman Brandt, seconded by Councilman Yamamoto, carried 5:0 unani- mously, the Council took the following action: 1) Authorized the Mayor and Clerk to execute contract modification #1 for contract number H86401-7-between the City.and the Orange County Manpower Commission for the CETA Title VI Public Service Employment Program, and 2) Approved Appropriation Adjustment No. 63 incorporat- ing the additional $3,975,543 recently allocated funds from the U.S. Department of Labor to extend the CETA Title VI Public Employment Service Programs from September 30, 1977 to September 30, 1978, into the City's Budget. City Manager Bruce Spragg in response to a question from Vice- Mayor Ward, stated that he would bring a report back to Coun- cil indicating how effectively the CETA Program has attracted the minority unemployed persons of the City. CA 65.5 CA 131.11 AGENDA ORDER The Council acted to TRASH NEGOTIATIONS REPORT continue consideration of the report on the status of trash contract negotiations at the beginning of the meeting. (Minutes Page 4S5; Agenda Item 63) LOWER SANTIAGO CREEK On the motion of Coun- EIR & SPECIFIC PLAN cilman Yamamoto, seconded CONTINUED TO EVENING MEETING by Councilman Brandt, carried 5:0 unanimously, discussion of the Lower Santiago Creek Specific Plan and Environmental Impact Report will be considered at the evening meeting. (Minutes Page 469; Agenda Item 64) APPROPRIATION ADJUSTMENT #65 Appropriation Adjustment FIRE STATION #4 No. 65 transferring APPROVED $34,625 from Fire Adminis- tration- Salaries to Fire - Building and Equipment Maintenance to fund the balance needed for the architectural services required to design the new Fire Station #4, was approved on the unanimously carried 5:0 motion of Councilman Brandt, seconded by Councilman Garthe. The agreement between the City and Robert H. Hippe and George C. Randell for these services was approved under the Consent Calendar of this meeting. CA 65.3 MEAD CORPORATION On the motion of Coun- HOUSING REPLACEMENT PROJECT cilman Yamamoto, seconded STATUS REPORT FILED by Councilman Ortiz, carried S:0 unanimously, the report dated December 15, 1977 prepared by Alice McCullough on the Mead Housing Replacement Project was received and filed. Concluding her report which detailed negotiations for certain properties and locations that could not be used to relocate approx- imately 12 houses from the downtown Redevelopment Housing Project site for numerous reasons, Mrs. McCullough recommended against the imposition of a penalty on Mead for the delays experienced on this project. CA 140.20 CITY COUNCIL MINUTES 461 DECEMBER 19, 1977 ORAL COMMUNICATION The following appoint- TRANSPORTATION ADVISORY COMMITTEE ments were made to the APPOINTMENTS Transportation Advisory Committee (TRAC) for three-year terms expiring December 31, 1980~, on the unanimously carried S:0 motion of Councilman Brandt, seconded by Councilman Garthe: James Reichert, Member Mary-Evelyn Bryden, Alternate Representative of Orange County Transit District Gene Shaw Representative of the Automobile Club of Southern California Mark R. Vogel Senior Citizens Representative CA 29.10A ORAL COMMUNICATION Councilman Brandt advised TERRITORIAL INSURANCE RATINGS Council that there is now DIRECTED CITY ATTORNEY pending litigation in State courts filed by the City and County of Los Angeles attacking the present system of territorial insurance ratings; that if the proponents of the change prevail, insurance rates for the citizens of Orange County as well as those for the balance of the citizens of the State, excluding San Francisco, would be increased considerably; and that it might be in the interest of the City to take action to oppose the proposed change some time in the future. Councilman Brandt's motion to concur with the action taken by the City of San Diego and to direct the City Attorney to monitor the case now pending with a view to joining in the case as friends of the court if it appears that the matter may be re- solved in favor of the Los Angeles plaintiffs, was seconded by Councilman Garthe, and carried 5:0 unanimously. Vice Mayor Ward suggested that the matter might be introduced at the Orange County Division of the League of California Cities for discussion. CA 139 ORAL COMMUNICATION Councilman Yamamoto stated APPOINTMENT TO BOARDS & that he is looking forward COMMISSIONS BY WARD to the Staff report pro- viding Council with an analysis of a proposed new policy to appoint Board and Commis- sion members according to the ward in which they live, so that all areas of the City will have representation. CA 80.9 RECESS same five Council members present. At 2:44 P.M. Vice Mayor Ward recessed the meeting; at 3:00 P.M. the meeting was reconvened with the CITY COUNCIL MINUTES 462 DECEMBER 19, 1977 INTERIM REPORT - NEIGHBORHOOD Following statements by PROBLEMS - MINNIE STREET City Manager Bruce Spragg; REFERRAL 24-77 - STAFF DIRECTED Orange County Health Department representatives, Dr. Morton Nelson and Dr. Thomas Albert; and Police Chief Raymond Davis, Staff was instructed to continue to take all legal means in conjunction with the County Health Department, to eliminate the conditions of prostitution, drugs, unhealthy environment due tO litter, abandoned vehicles and overcrowded housing in the Minnie-Standard Street area apartments, and to seek other avenues of consideration, such as ordinances or any other vehicle; to alleviate these conditions, and any future situations of a similar nature, on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 5:0 unanimously. By the pre- VlOUS motion the Council Referral No. 24-77 was deleted from the Summary. The City Manager provided Council with the Police Chief's written report on the subject, dated December 15, and stated that he would bring regular progress reports to Council. City Manager Spragg further stated that he and other Staff members had visited the apartments on Minnie and Standard Streets and found a number of problems, some of which are venereal disease, prostitution, drugs, overcrowding, illegal alien problems, litter, junk cars, fire hazards, building Code violations and others; that the most serious problem at the present time is the venereal disease epidemic and that the Health Department officials had been invited to give the Council first hand report on the current situation. Doctors Morton Nelson and Thomas Albert stated that the area has been identified as having a very serious epidemic of primary syphilis; that from September to December 17 there was an increase of ~56% over that same period in 1976; that assistance from the federal Health Department was requested and received; that the Health Department Staff has found the patients very cooperative with the plan to issue cards to the persons who are receiving treatment for the disease; that a health education effort is being made in the area by the Health Department; that it will take two or three months before the situation is cleared up; and that the Department will cooperate with the City effort in any way possible. City Manager Spragg stated that he plans to post "No Parking" signs on alternate sides of the alley for sweeping; that he will arrange for building and fire inspectors to visit the tenants and ask their cooperation to allow inspections'to specify measures to be taken to correct any substandard conditions. Police Chief Davis stated that the procedure for removing abandoned vehicles involves notice to the owners of the vehicles and certain required waiting time before removal can be accom- plished, but that steps are being taken to identify those vehicles which can be removed under the abandoned vehicle laws. He stated that a strong police effort in the area to make arrests for prostitution and drug violations at this time would frustrate efforts of the County Health Department to control the venereal disease epidemic; and that every effort will be made to coordinate police presence in the area with the other measures being taken to solve the problems in the area. (Agenda Item 58) CA 99.3 CA 47 CITY COUNCIL MINUTES 463 DECEMBER 19, 1977 RECESS with the At 4:55 P.M. Vice Mayor Ward recessed the meet- ing; at 5:04 P.M. the meeting was reconvened same Council members present. CITY SOCIAL ELEMENT The letter dated Decem- CITIZEN ADVISORY COMMITTEE ber 13, 1977, and "A REPORT FILED; APPOINTMENT AUTHORIZED Report on the Development of a Social Element" submitted by the Human Relations Commission was received and filed, and Staff and Commission directed to prepare an imple- mentation schedule, to appoint a citizens advisory committee and to develop a request for proposals for a consultant, so that the program can be implemented by July 1, 1978, on the unani- mously carried 5:0 motion of Councilman Yamamoto, seconded by Councilman Brandt. Roy Uno, .Chairman of the Human Relations Commission, stated that when the City reorganized the HRC, the Commission accepted the task of assisting in the overall development of a Social Element for the City; that the Commission interviewed consultants who have worked on social elements in other cities; that they concluded that it was necessary to properly define a social element, to outline the scope of the project; and to engage a consultant to prepare the necessary materials and provide the guidance to prepare a needs assessment of the City. City Manager Bruce is an optional one have not. Spragg pointed out that the Social Element that some cities have adopted and others CA 78.3i EIR - ORANGE TOWERS PROJECT Following the presenta- CITY OF ORANGE tion by owner/developer David CONTINUED TO EVENING MEETING Termohlen,and by unanimous informal consent, Council agreed to discuss the Environmental Impact Report and Orange Towers Project again during the evening Agenda in conjunction with the discussion also continued to the evening of the Santiago Creek Plan and Environmental Impact Report. Mr. Termohlen, owner/developer of the Project in the City of Orange, stated that a traffic study had been made that showed that 25% of the traffic generated would use Main Street; that only 4.5% of the traffic would use the streets around Santiago Park and travel to the south, but the EIR did not reflect any figure below 5% because of the relatively low impact; that he plans to have a "No Left Turn" from the building, and into the building, from Santa Ana. Mr. Termohlen continued by stating that he has been in Santa Ana since 1960 and a licensed architect since 1971; that he has been looking at the site for many years; and that it is an appropriate one for this high rise development; that it is a 5.72 acre site with condominium units to be fully guarded, for adults only; that the project will be extensively landscaped, with a Japanese garden as well as a swimming pool, and a fully equipped health studio. He further stated that he would donate $200,000 to the City for the development of Santiago Park, and concluded by saying that he is proud of the project and intends to live in it himself. City Manager Bruce Spragg informed Council that a meeting had been held with 140 of the residents of the northern area of Santa Ana who would be impacted by the proposed development, and they had been informed that the matter would be discussed by Council at the evening meeting. (Minutes Page 470) CITY COUNCIL MINUTES DECEMBER 19, 1977 Greg Sanders, 2656 N. Jessee Drive, stated that he would be unable to be present at the evening meeting and wished to inform Council that the citizens at the recent meeting were in favor of the City's continued action to oppose the project, and that if the environmental impacts were mitigated to the satisfaction of the City, any legal action taken could be withdrawn. CA 78.11 ORAL COMMUNICATION On the motion of Council- PARKING ON 17TH STREET man Brandt, seconded by DIRECTED STAFF Councilman Ward, and carried 5:0 unanimously, the Staff was directed to defer action on prohibition of parking on Seventeenth Street between the Santa Ana Freeway and Tustin Avenue and to report back to Council on January 16, 1978. Robert Wild, 1943 Seventeenth Street, Santa Ana Datsun, requested that Council delay the planned prohibition of parking on East Seventeenth Street between the Santa Ana Freeway and Tustin Avenue for six to nine months to allow the businessmen time to analyze the impact of ~uch a prohibition on their businesses. Public Works Director John Stevens stated that the street can not be restriped as an arterial highway until after the parking restriction is imposed. CA 18 ORAL COMMUNICATION Mrs. Alice McCullough, MEAD CORPORATION Community Development HOUSING REPLACEMENT REPORT Coordinator, stated that there were citizens in the audience who wished to speak on the Mead Corporation Housing Replacement Status Report considered earlier in the meeting. (Agenda Item 66) ~len Brown, 818 North Freeman, representing the Civic Center Barrio Protection Committee, stated that her committee was very pleased with the Housing Replacement Program, and the action taken to seek out suitable lots for the homes to be moved. She expressed hope that the program would now move forward without further delay. Francisco Meza concurred with Ms. Brown's remarks. CA 140.20 EXECUTIVE SESSION At 4:42 P.M. Vice Mayor Ward recessed the meeting for an Executive Session to discuss pending litiga- tion; at 5:00 P.M. the meeting was reconvened and immediately recessed for dinner; the meeting was again reconvened with the same Council members present at 7:30 P.M. INVOCATION PLEDGE OF ALLEGIANCE of the Saint Peter Evangelical Following the Pledge of Allegiance to the Flag, the Invocation was given by Associate Pastor Hale Lutheran Church. CA 80.17 Councilman Gordon Bricken arrived during discussion of the following item. CITY COUNCIL MINUTES 465 DECEMBER 19, 1977 PUBLIC HEARING RESOLUTION NO. 77-140 OPPOSING ABORTION - ADOPTED the following resolution was adopted: On the motion of Council- man Ortiz, seconded by Councilman Bricken, and carried 5:1, with Vice Mayor Ward Dissenting, RESOLUTION NO. 77-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING THE pRAcTICE OF ABOR- TION. Prior to the discussion and the was read in its entirety by the I. Malone. adoption of the resolution, it Clerk of .the Council, Florence Speaking in favor of the resolution were: Edward J. Allen, 2510 French Street Ralph Bulioni, 6892 Santee Avenue, Westminster Mark Wilson, 31761 Agua, San Juan Capistrano Curt Van Gorden, 1861 South Haster Mr. Allen congratulated the Council on the well-prepared resolu- tion that will be an example for other cities, other states and to the United States itself. Those speaking in opposition to the resolution were: Carolyn Jones, 1000 West MacArthur Rachelle Straus, 19751 Bushard, Huntington Beach Teri Albright, 15652 Williams, Women's Center Irene Schultz, 2424 Tustin The opponents expressed the views that this matter involves a Supreme Court decision and not a matter for Council action; that they feel women should make the decision as to whether or not to terminate a pregnancy; and that the Council has overstepped its bounds by asking abortion clinics to cease and desist their operations. CA 151 Councilman Bricken arrived at the meeting at 7:56 P.M. during the discussion of the foregoing item, and voted on the resolution. PUBLIC HEARING City Manager Bruce Spragg RECONSIDERATION OF BINGO ORDINANCE announced that a motion AMENDED ORDINANCE NO. NS-1396 to reconsider the Council FIRST READING action taken on November 21, 1977 to adopt an ordinance to regulate bingo games carried, and that the matter was continued to this date. Speakers favoring the ordinance as placed on first reading on November 21, 1977 to allow more than one organization a license for bingo at a location, but limiting each licensee to games only three days per week were: Harold Heinly, American Legion Post #131 Lorin Toole, 1105 N. Wright Fred Rosenbaum, 1541 Stafford, Knights of Columbus, tenants of American Legion Hall Charles Lambert, 610 Linwood, American Legion Member since 1919 Commander Crandel, American Legion, 2402 W. LaVerne CITY COUNCIL MINUTES 466 DECEMBER 19, 1977 One speaker, David Rio, 3405 South Timberly, Immaculate Heart, favored a limit on the number of nights per week bingo may be played at one location, because without such a limit, organized gambling would find it profitable to operate in the City. Police Chief Raymond Davis favored the proposal that an organiza- tion licensee be limited to playing bingo at one location to prevent the more commercial-type organization from moving to other locations during a one-week span. The motion of Councilman Brandt, seconded by Vice Mayor Ward, carried 6:0 unanimously, was to place Ordinance No. NS-1396 on first reading, entitled as follows, and as amended to allow a licensee to hold bingo games at only one location, and to allow no more than three bingo games at one location per week: ORDINANCE NO. NS-1396 AN ORDINANCE OE 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. The motion also directed Staff to return to Council with a report on the implementation of this ordinance in nine months. CA 91.10 PUBLIC HEARING - VEHICLES FOR HIRE City Manager Bruce Spragg ORDINANCE NO. NS-1401 AS AMENDED announced that this ordin- FIRST READING ance had been continued from December 12, 1977 at at the request of one of the taxicab companies; that the major objectives of the new ordinance are those listed in the Police Department Memorandum dated May 25, 1977 which would suspend the requirement for a certificate of convenience and necessity for taxicab companies and remove the limit of 50 taxicabs in the City to allow open competition. Speaking for the proposed ordinance was: Phillip Eaton, 1140 W. Santa Ana Blvd., representing American Cab Company Mr. Eaton stated that the previous ordinance placed a burden on the applicant taxicab company to prove to a hearing officer that there was a need for more taxicab service, and that it could pro- vide the needed service; that under the proposed ordinance the City can impose requirements for insurance, for safe vehicles and for driver qualifications, but that it eliminates the certificate of need and necessity and allows free enterprise to obtain an efficient level of taxicab service. Verlyn Jensen, 1200 North Main Street, representing Yellow Cab Company, stated that although his company substantially agrees with the proposed ordinance that he would like to propose an amend- ment whereby the limit of 50 taxicabs be removed to open up compe- tition in the City, but that the certificate of convenience and necessity be retained so that applications can be given procedural due process, and that all applicants can compete under the same ordinance. Speakers to the ambulance portion of the ordinance were: Phil Gazzo, Schaffers, 2215 South Bristol Scott Levinson, 13912 Ponderosa Street CITY COUNCIL MINUTES 467 DECEMBER 19, 1977 Both speakers said they were in favor of the ordinance that has been worked out following numerous meetings; that an agreement had been reached to add a section to Chapter 32 establishing requirements for vans used in the City for the non-emergency transport of wheelchair patients. Mike Silvas, 1140 West Santa Ana Boulevard, American Cab Company, asked if the ordinance could be amended to designate the Police Chief to receive and approve or deny applications for taxicab permits, and to provide for an appeal to the City Council. He stated that Mr. Jensen's proposal would still put the burden on the applicant for a taxicab permit to show need and necessity. Verlyn Jensen's rebuttal was that his client is taxicab operators in the City meet standards to taxi service. concerned that insure high quality On the motion of Councilman Brandt, seconded by Councilman Bricken, carried S:l, with Councilman Yamamoto dissenting, Ordinance No. NS-1394 entitled as follows, and with amendments to Sections 32-1.1 (deleting the word "dead"), 52-2 (to file the application for permit for taxicab with the Chief of Police) and 52-4 (to allow replacement of vehicles for hire and provide for prorated license fees), was placed on first reading: 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 (TAXICABS AND AMBULANCES). A companion Ordinance No. NS-1401 entitled as follows was placed on first reading on the motion of Councilman Brandt, seconded by Councilman Bricken, carried 5:1, with Councilman Yamamoto dissenting: ORDINANCE NO. NS-1401 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 21-72(41) OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTION 21-72(42) TO THE SANTA ANA MUNICIPAL CODE RELATING TO VEHICLE FOR HIRE AND AMBULANCE TAXES. CA 26; CA 96 RECESS same six Council members present. At 9:34 P.M. Vice Mayor Ward recessed the meeting; at 9:46 P.M. the meeting was reconvened with the BID CALL SPEC 77-081 On the motion of Council- FLOWER STREET PARK PLAY EQUIPMENT man Ortiz, seconded by APPROVED Councilman Garthe, carried 6:0 unanimously, plans for Flower Street Park "Ghostown Facade" play equipment, and specifications (SPEC 77-081) were approved, and authorization to advertise for bids was given. Antonio Moran, 1130 West Third, assured the Council that the residents of the neighborhood were in favor of the proposed play equipment. CA 89 CITY COUNCIL MINUTES 468 DECEMBER 19, 1977 AGENDA ORDER - EIR & /SPECIFIC PLAN Following discussion and LOWER SANTIAGO CREEK citizen comments, and on DECLARED INADEQUATE; STAFF DIRECTED the motion of Councilman Bricken, seconded by Coun- cilman Garthe, carried 6:0 unanimously, the Lower Santiago Creek Specific Plan/Environmental Impact Report was declared to be inadequate to mitigate the environmental impacts on the citizens of Santa Aha, particularly the residents adjacent to the Creek, and Staff was directed to transmit these concerns to the proper Orange County agency. City Manager Bruce Spragg stated that meetings had been held with approximately 140 interested residents; that the objections are fundamentally to the proposed equestrian trail, the bicycle and hiking trails, and to the configuration of the channel itself. A letter to the City Council, the Planning Commission and the City Staff dated December 14, 1977, a "Memorandum of Points to Consider In Support of Eliminating Trails and Changing Plan Concept from Fourteen-foot Vertical Walled Concrete Channel to Aesthetically Acceptable Landscaped Watercourse from the Santa Aha River to Main Street", and a petition containing $$ signatures, was referred to Staff, on the motion of Councilman Ortiz, seconded by Vice Mayor Ward, carried 6:0 unanimously. Speakers in opposition to the Lower Santiago Creek Plan and EnViron- mental Impact Report were: Willis Clemons, 1026 River Lane David Geddes, 1210 River Lane Pat Pleshe, 905 Riviera Drive Raymond Marsile, 1515 Riviera Drive Clara Leum, 1206 River Lane The speakers overwhelmingly favored maintenance of the Creek in its present condition; they were concerned about the handling of debris in the area of the box culvert and whether it would be screened out to keep the culvert clear, and with the general maintem~nce of the flood control channel, as well as control of rats; they were concerned that a 14-foot cement channel would be a hazard to children who walk through the area and a liability to the City; they were concerned about the probability of inviting gyaf~tti on large cement walls producing an unsightly view; and one speaker offered the suggestion that residents whose houses back up to the creek may be interested in purchasing the creek property at its appraised value to maintain as a green belt, which would provide taxes for the City while preserving the charac- ter of the area. One speaker, Andrew Sorer, 1125 Riviera Drive, favored the flood control channel because he had experienced difficulty in obtaining financing for his home because of the flood hazard. Edward Just, Orange County Flood Control District, stated that those residents whose homes lie in the designated flood plain are required by federal regulation to provide flood insurance to any lender who finances the property and that the insurance cost could be reduced if greater protection were provided against flood damage. Assistant City Manager Ronald Wolford commented on inferences made that handling of the 1969 flood was not appropriate. He stated that he had been the. City official on the scene, and that he wanted to make sure that it is clear that the handling of the release of water from the dam could not have been better; that the water level of the dam had been lowered as much as possible, CITY COUNCIL MINUTES 469 DECEMBER 19, 1977 and it refilled within a matter of hours; and that there was no improper release of flood waters. (Agenda Item 64) CA 112.16 ORAL COMMUNICATION Michael Scott, 2202 ORANGE TOWERS PROJECT Santiago, restated Coun- cil's reaffirmation of its position to proceed with a lawsuit to force the City of Orange to develop measures to offset impacts, and he offered the services of the citizens in the area to assist the City in developing those mitigating measures. City Manager Bruce Spragg stated that consideration is being given to closing Valencia and Santiago Streets to mitigate the traffic impact; that the City will have thirty days following the filing of the Notice of Determination with the County indicating the City of Orange approval of the Environmental Impact Report and the Orange Towers Project; that in the mean- time meetings are being scheduled with the developer, repre- sentatives of the City of Orange, our Staff and residents to negotiate an agreement for further mitigation measures of the adverse environmental impacts. (Minutes Page 464) CA 78.11 ADJOURNMENT at 10:40 P.M. On the motion of Council- man Yamamoto, seconded by Councilman Bricken, the meeting was adjourned by unanimous consent of the Council. ~:LORENCE I. MALONE FL~P~ENCE I. MALONE ' ~ \ CLERK OF THE COUNCIL CITY COUNCIL MINUTES 470 DECEMBER 19, 1977