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HomeMy WebLinkAbout03-20-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA March 20, 1978 The meeting was called to order at 2:03 P.M. in the City Council Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans. Coun- cil members present were Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, John Garthe, James E. Ward and Mayor Evans. Councilman David L. Brandt arrived at 2:14 P.M. Also present were the fol- lowing members of Staff: City Manager Bruce C. Spragg, City Attorney, Keith L. Gow, 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 to the Flag, the Invocation was given by Councilman Brandt. REQUEST FOR REDUCED FEE Following negotiations held USE OF STADIUM JULY 6 with the Leisure Services FLAT FEE OF $500 AUTHORIZED Manager, William Pale- thorpe, and on the motion of Councilman Ward, seconded by Councilman Yamamoto, carried 7:0 unanimously, Council authorized Staff to contract with the Brea Lions Club for use of the Eddie West Field - Santa Ana Stadium on July 6, 1978, for the 19th Annual Orange County North South Ail Star Prep Charity Football Game, at a flat fee of $500, subject to normal insurance, security and other administrative requirements. Bob Hoss and Armand Hanson appeared before Council and stated that they had used the Stadium for this charity football game in past years, and they were interested in coming back this year. Members of the Recreation and Parks Department Staff were asked to confer with the Lions Club representatives so that a determin- ation of the fee could be made at this meeting. CA 52.8 Councilman Brandt joined the meeting at 2:14 P.M. during the discussion of the previous Agenda item. CONSENT CALENDAR On the unanimously carried STAFF RECOMMENDATIONS 7:0 motion of Councilman APPROVED Ward, seconded by Council- man Garthe, Council approved the recommendations of Staff on the following Consent Calendar Items: BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 1397 Reconstruct west side of Main Street, MacArthur to SPRR and widen east side of Main Street from 171' to 342' south of Alton Avenue. PROJECT 6140 - MacArthur Park Landscaping (Phase II). PROJECT 8145 - Eddie West Field - Santa Ana Municipal Stadium - replacement of sound system. CA 89 CITY COUNCIL MINUTES 109 MARCH 20, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID AWARDS Rejected the bid from Wallenberg Sales Co., Inc. as non-responsive to the specification, and awarded the following on basis of lowest responsible and responsive bidder: SPEC 77-090 - One self-propelled concrete saw (replace- ment); awarded to The Suppliers, Buena Park, in the total amount of $3,262.48. Rejected the bid from Master Bilt Fence Co. on the basis of incomplete bid submittal, and awarded the following on basis of lowest responsible and responsive bidder: PROJECT 7207 Construction of baseball backstop at Jerome Park; awarded to Golden West Fence Co., Westmins- ter, for total base bid and add-on alternatives la, lb, 2 and 5, for a total amount of $7,470.02. CA 89 TENTATIVE PARCEL MAP in Planning Director's Approved and filed the Negative Declaration, approved the following subject to conditions report, and waived alley requirement: NEGATIVE DECLARATION & PARCEL MAP 1051 Filed on February 23, 1978 by C. J. Segerstrom creating three Mi parcels; all proposed parcels to be used for industrial purposes; generally located on the north side of Sunflower Avenue, 764 feet west of Fairview Street. .. CA 25 RIGHT OF WAY CERTIFICATION Projects Number 743 '77). Authorized execution of the Right of Way Certification for Arterial Highway Financing ('74-'75), 790 ('75-'76), and 838 ('76- CA 29.6 AGREEMENT Approved the following agree- ment, and authorized execution by Mayor and Clerk: DEVELOPMENT OF OLD CITY HALL Pueblo Management Company to of the Old City Hall. Between City and Del facilitate the development A-78-27 BOARDS & COMMISSIONS recognition of service: Accepted the following resigna- tion with regret and directed Staff to prepare an appropriate LETTER OF RESIGNATION - dated March 6, 1978 from Adela Salinas, tendering resignation from the Human Rela- tions Commission/Housing Advisory Commission, effective February 1, 1978. CA 131.2 LIABILITY CLAIMS Referred to administration claims received from March 7 through March 13, 1978. CA 65.7b COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 CITY COUNCIL MINUTES 110 MARCH 20, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PROCLA]WATIONS March 13, 1978. Received and filed report of proclamations issued, by the Mayor from March 7 through CA 46 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * READING WAIVED Councilman Ward's motion, to waive full reading of all ordinances and resolu- tions, the titles of which appear on the public Agenda, or which otherwise come before this Council, and the titles of which are read, and to consider by title only, was seconded by Councilman Brandt, and carried 7:0 unanimously. ORDINANCE NO. NS-1407 AN ORDINANCE OF THE CITY CONDUCT IN PARKS OF SANTA ANA AMENDING CHAP- ADOPTED TER 31 OF THE SANTA ANA MUNICIPAL CODE, REGULATING CONDUCT IN PUBLIC PARKS was placed on second reading and adopted, on the motion of Councilman Ward, seconded by Councilman Ortiz, carried 6:1, with Councilman Bricken dissenting. CA 52 ORDINANCE NO. NS-1409 AN ORDINANCE OF THE CITY A.A. 782 1817 N. FAIRVIEW OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. 782 TO REZONE PROPERTY LOCATED AT 1817 NORTH FAIRVIEW STREET FROM THE Ri (SINGLE FAMILY RESIDENCE) AND C1 (COMMUNITY COMMERCIAL) DISTRICTS TO THE R1-PRD (SINGLE FAMILY RESIDENCE - PLANNED RESIDENTIAL DEVELOPMENT) DIS- TRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 2-5-10 was placed on second reading and adopted by unanimous 7:0 vote, on Council- man Ward's motion, seconded by Councilman Brandt. CA 10 RESOLUTION NO. 78-32 A RESOLUTION OF THE CITY FASHION SQUARE ANNEXATION COUNCIL OF THE CITY OF ADOPTED SANTA ANA, CALIFORNIA, REQUESTING THE COMMENCE- MENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "FASHION SQUARE ANNEXATION" TO THE CITY OF SANTA ANA was adopted by unanimous 7:0 vote, on the motion of Councilman Garthe, seconded by Councilman Ward. CA 94 RESOLUTION NO. 78-33 The following resolution DRAINAGE AREA FBES was set for public hearing SET FOR HEARING on April 3, 1978, on the unanimously approved 7:0 motion of Councilman Ward, seconded by Councilman Garthe: RESOLUTION NO. 78-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVISING LOCAL DRAINAGE ARBA FEES AND REPEALING RESOLUTION NO. ??-49. CA 70 CITY COUNCIL MINUTES 111 MARCH 20, 1978 RESOLUTION NO. 78-34 - APPEAL #387 Councilman Brandt's motion CUP 77-44, 802 E. WASHINGTON to reconsider Council's REFERRED TO PLANNING COMMISSION previous action on March 13, 1978, which directed the City Attorney to prepare the following resolution, was seconded by Councilman Garthe, and carried 6:1, with Councilman Yamamoto dissenting. The matter was referred back to the Planning Commis- sion for reconsideration on the basis of new facts that should be presented regarding the operation of the CUP, on the motion of Councilman Ortiz, seconded by Councilman Bricken, carried 5:2, with Councilmen Ward and Yamamoto dissenting: RESOLUTION NO. 78-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COM3~ISSION DENYING CONDITIONAL USE PERMIT NO. 77-44, TO ALLOW AN AUTOMOBILE SALVAGE YARD AT 802 E. WASHINGTON AVENUE IN THE M2 DISTRICT AND DENYING APPEAL NO. 387. The foregoing action was taken at the oral request of Dale H. Heinly, 838 N. Van Ness, Attorney for the Applicant. CA 13.4 RESOLUTION NO. 78-35 A RESOLUTION OF THE CITY VACATION - CYPRESS AVENUE COUNCIL OF THE CITY OF ADOPTED; SET FOR HEARING SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF CYPRESS AVENUE SOUTH OF ADAMS STREET, APPROVING A MAP THEREOF, DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP, DESCRIBING THE PORTION OF SAID STREET TO BE VACATED, SETTING A PUBLIC HEARING THEREON~ AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED was adopted unanimously 7:0, on the motion of Councilman Ward, seconded by Councilman Garthe. The hearing was set for April 17, 1978, at 7:30 P.M. CA 14 RESOLUTION NO. 78-5 A RESOLUTION OF THE CITY PROHIBITING PARKING - 17TH STREET COUNCIL OF THE CITY OF ADOPTED SANTA ANA PROHIBITING PARKING ON SEVENTEENTH STREET BETWEEN THE SANTA ANA FREEWAY AND TUSTIN AVENUE was adopted on Councilman Ward's motion, seconded by Councilman Yamamoto, carried 6:1, with Mayor Evans dissenting. CA 18 AGENDA ORDER Council acted upon the CUP 77-44, APPEAL #387 written request dated 802 E. WASHINGTON March 16, 1978, filed by Dean Evans, on behalf of the Applicant for Conditional Use Permit 77-44 (for reconsidera- tion of the Council's action on March 13, 1978, denying Appeal #387) earlier in the meeting during the consideration of Resolution No. 78-34. (Minutes Page 112, above) HIRING FREEZE EXEMPTIONS The motion of Councilman PUBLIC WORKS DEPARTMENT Garthe, seconded by Coun- ASSISTANT CITY ENGINEER DISAPPROVED cilman Brandt, to exempt SECRETARY APPROVED the position of Assistant City Engineer from the hiring freeze failed to carry on a 2:5 vote, with Mayor Evans, and Councilmen Bricken, Yamamoto, Ward and Ortiz dissenting. The motion by Councilman Garthe, seconded by Councilman Bricken, to exempt the position of Secretary to the Public Works Director and authorizing the immediate filling of the vacancy, was ap- proved by a 4:3 vote, with Councilmen Ward, Yamamoto and Ortiz dissenting. CA 50 CITY COUNCIL MINUTES 112 MARCH 20, 1978 HIRING FREEZE EXEMPTIONS REDEVELOPMENT AGENCY 2 POSITIONS APPROVED TEMPORARY POSITIONS CONTINUED on the motion of Councilman Brandt, The exemption request was granted and immediate hir- ing of an Administrative Assistant for the Redevelop- ment Agency authorized, seconded by Councilman Garthe, carried 6:1, with Councilman Yamamoto dissenting. On the motion of Councilman Garthe, seconded by Councilman Brandt, carried 4:3, with Mayor Evans, and Councilmen Yamamoto and Bricken dissenting, exemption was granted and authorization given to hire a Rehabilitation Planning Specialist immediately after the March 21 bond sale. A previous motion to deny the request failed by a 3:4 vote. The Redevelopment Director's request to hire temporary employees for a minimum of six months if the bond does not sell, was con- tinued to April 3, 1978 on the motion of Councilman Brandt, seconded by Councilman Garthe, and carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting. CA 50 HIRING FREEZE EXEMPTION Councilman Garthe's motion FINANCE DEPARTMENT - BUYER to approve the exemption DISAPPROVED of the Finance Department Buyer from the hiring freeze, failed for lack of a second. A subsequent motion by Councilman Bricken, seconded by Councilman Ward, to deny the request for exemption, carried 5:2, with Councilmen Garthe and Mayor Evans dissenting. CA 50 ADDITIONAL POSITION On the motion of Council- GROUNDS MAINTENANCE MAN II man Ward, seconded by CIVIC CENTER MAINTENANCE APPROVED Councilman Garthe, carried 6:1, with Councilman Yama- moto dissenting, an additional Grounds Maintenance Man II was authorized for the Civic Center Maintenance Division. The report dated March 14, 1978 prepared by Gerry Ott, Park-Tree Superin- tendent pointed out that the position had been proposed for the Civic Center Budget but was omitted due to a clerical error when the final budget was submitted, and that funding is completely from the Civic Center parking revenues. CA 50 STATUS REPORT - PROPOSED A report dated March 14, BUILDING SECURITY ORDINANCE 1978, prepared by Sergeant FILED J. Brann, concerning steps taken to prepare a building security ordinance for residences and businesses, was received and filed on the motion of Councilman Ward, seconded by Council- man Brandt, carried 7:0 unanimously. The report states that following meetings with local builders, the Chamber of Commerce, and other interested parties, that it is anticipated that the ordinance will be ready to submit to Council by April 17, 1978. CA 87 RECOMMENDATIONS FOR PUBLIC After consideration of EDUCATION RE CHARTER AMENDMENTS several recommendations BROCHURES AUTHORIZED made by Public Information Officer Frank Blaszcak in his report dated March 8, 1978, on the motion of Councilman Ward, seconded by Councilman Yamamoto, carried 7:0 unanimously, Staff was authorized to produce 15,000 copies of a two-color educational brochure concerning the Charter amendments to be on the June 6 bal- lot, for handout distribution, at a cost of $2,600. CITY COUNCIL MINUTES 113 MARCH 20, 1978 Councilman Ward suggested that the brochures be distributed at the community centers, through service clubs and through various City departments, such as the Library. CA 129 CA 152 SANTIAGO PARK DEVELOPMENT The report dated March 14, STATUS REPORT 1978 prepared by Robert FILED E. Gresham, Director of Recreation and Parks, stated that prior to the selection of a consultant to begin the development of a master plan to upgrade Santiago Park, community meetings were being held to determine the type of upgrading desired by the residents; the report was received and filed on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Yamamoto. CA 82 TUSTIN-SANTA CLARA DETACHMENT In accordance with the FROM E. ORANGE COUNTY WATER DISTR. recommendation of Senior DIRECTED STAFF TO NEGOTIATE Civil Engineer Walter PAYMENT FOR COUNCIL APPROVAL Schraub in his March 4, 1978 Btatus report, Staff was directed to negotiate a payment, subject to final Council approval, to the East Orange County Water District to compensate the District for the loss of expected revenue needed to payoff existing bonded indebtedness in the proposed Tustin-Santa Clara Detachment, on the motion of Councilman Garthe, seconded by Councilman Ward, and carried 7:0 unanimously. The request for detachment was initiated by the City Council when it learned that the City had been providing water service, yet the properties had been subject to taxation by the EOCWD for approximately 4-1/2 years. CA 12 LEAGUE OF CITIES Payment of the fourth DUES & PROPOSED DUES STRUCTURE quarterly dues (April through PAYMENT AUTHORIZED; PROTEST June, 1978) in the amount of $1,049 was authorized, on the motion of Councilman Brandt, seconded by Councilman Ward, carried 5:2, with Councilmen Yamamoto and Ortiz dissenting. The initial motion to authorize payment, made by Councilman Brandt, seconded by Councilman Bricken had failed on a 3:4 vote, with Councilmen Ward, Yamamoto, Ortiz and Mayor Evans dissenting; however, following a discussion of the proposed dues structure for fiscal year 1978-79, a motion to reconsider made by Council- man Ward, seconded by Councilman Brandt, was carried 5:2, with Councilmen Yamamoto and Ortiz dissenting. On the motion of Councilman Ward, seconded by Councilman Brandt, carried 6:1, with Councilman Garthe dissenting, the City's vot- ing delegate to the Orange County Division League of California Cities was instructed to protest the proposed dues structure for fiscal year 1978-79. CA 148.1 TRASH NEGOTIATIONS City Manager Bruce Spragg CITY MANAGER REPORT reported that the biggest AGREEMENT APPROVED problem in the negotiations with the City's trash contractor was to determine a starting point; that the assistance of an accounting firm to provide some of the basic information as to auditability of proposed accounting systems and procedures would provide the negotiating team with the needed facts. Following Mr. Spragg's report and on the motion of Councilman Garthe, seconded by Councilman Ward, carried 6:1, with Councilman Ortiz dis- senting, an agreement between the City and Haskins & Sells to perform consultant services at a cost not to exceed $2,500 was approved. A-78-29 CITY COUNCIL MINUTES 114 MARCH 20, 1978 TREE REMOVAL PROGRAM An extensive report dated STATUS REPORT March 17, 1978, prepared by Director of Recreation and Parks Robert E. Gresham and submitted at the request of Council, stated that a review of the inventory of street trees revealed that over 10,824 trees were fracturing and lifting sidewalks, streets and curbs; that of these, 1,104 were identified as requiring immediate removal over a two-year period of which 355 have already been removed; that the reasons for removal are that they: 1) are dead or dam- aged beyond repair; 2) cause recurring residential sewer blockages; 5) are weakened by loss of lateral support; or 4) are mature and declining in health (brittle wood). The report identifies four primary species, ash, eucalyptus, pine and cedar as the types of trees scheduled for removal; the locations programmed for removals were also listed. In response to questions concerning replacement, Director Gresham estimated that replacements are made within 90 days, and that the resident is notified by letter prior to the removal and advised what variety of tree will be planted as a replacement. CA 52 STAFF REPORT In response to a request ARTESIA NEIGHBORS LIGHTING REQUEST for additional street FILED lighting on English, Townsend, Sunset and Daisy Streets from the Artesia Neighbors in connection with their com- plaints about patrons of the E1 Monterey Bar, a report prepared by Director of Public Works John E. Stevens dated March 17, 1978 was received and filed, and Council concurred with its conclu- sions, on the unanimously carried 7:0 motion of Councilman Ortiz, seconded by Councilman Yamamoto. Mr. Stevens' report stated that Staff had already requested that the Edison Company install new lights on the existing wooden utility poles along English Street and Daisy Avenue; that the lighting on Fifth Street is deemed to be adequate; that six light standards on Townsend Street and one on Sunset Street are needed at a total cost of $1,517.25; and that the cost of new light standards is normally borne by the benefitted property owners and the City assumes the cost for energy and maintenance. CA 29.3; CA 127 AGENDA ORDER REQUEST FOR ORDINANCE AMENDMENT TO ALLOW WOOLLY MONKEY IN CITY at 4:00 P.M.; by unanimous informal granted. The Council was advised that Jackie Maynard, who made the request had asked that the matter be heard consent the request was APPROPRIATION ADJUSTMENT #116 NIGHTTIME ACCIDENT STUDY DISAPPROVED activity accounts for a $52,850 State Grant, seconded by Councilman Brandt, Councilman Ward's motion to approve Appropriation Adjustment No. 116 to establish revenue and Office of Traffic Safety failed to receive the five affirmative votes necessary to carry; a 4:3 vote was received, with Councilmen Yamamoto and Ortiz and Mayor Evans dissenting. Following the 3:32 P.M. recess, Council informally agreed to the suggestion of Assistant City Manager Daniel E. Stone that the matter be again placed on the April 3, 1978 Agenda for further consideration, because of the 30% increase in nighttime traffic accidents in the City. CA 65.3 CITY COUNCIL MINUTES 115 MARCH 20, 1978 APPROPRIATION ADJUSTMENT #122 On the motion of Councilman ALLOCATION OF CETA FUNDS Ward, seconded by Council- APPROVED man Yamamoto, carried 6:1, with Councilman Ortiz dissenting, Council took the following action: 1) Approved additional allocation of $858,421 in CETA funding to ten non-profit agencies as recommended in Staff report dated March 15, 1978 prepared by Manpower Coordinator Keith E. Blunt; 2) Authorized the Mayor to execute all necessary contracts; and 3) Approved Appropriation Adjustment No. 122 in the amount of $42,000 to transfer Fiscal Year 1977 Title I carry- over funds from Revenue account to Account for Rancho Santiago Community College District Assessment and Referral Center. CA 65.3 A-78-28 APPROPRIATION ADJUSTMENT #124 Appropriation Adjustment BURGLARY PREVENTION PROGRAM No. 124 transferring APPROVED $7,120 from Anticipated Revenue and $375.00 from Other Contractual Services accounts to activity accounts to extend the Burglary Prevention through Citizen Participation Program for two additional months from November 30, 1977 to January 31, 1978 was approved on the motion of Councilman Brandt, seconded by Councilman Garthe, carried 7:0 unanimously; the action is ratification of a previous Council approval to extend the Grant. CA 65.3 CA 47 RECESS Council members present. At 3:32 P.M. a recess was declared by Mayor Evans; the meeting reconvened at 3:38 P.M. with all AGENDA ORDER By informal unanimous A.A. #116, NIGHTTIME ACCIDENT consent Council agreed RECONSIDERATION APPROVED to reconsider Appropria- tion Adjustment #116 at its April 3 meeting, upon the request of Assistant City Manager Daniel E.. Stone. (Minutes Page 115) ORAL COMMUNICATION Councilman Ortiz referred ORANGE COUNTY CONGRESS OF CITIES to a letter dated March 7, REFERRED TO STAFF 1978 to John Garthe, President of the Orange County Division, League of California Cities, asking the League to host a Congress of Orange County Cities; he suggested that Council take an action to urge the League to put it on their Agenda for consideration. The letter was referred to Staff for report and recommendation on the unanimously carried 7:0 motion of Councilman Ortiz, seconded by Councilman Brandt. CA 148.1 CITY COUNCIL MINUTES 116 MARCH 20, 1978 REQUEST FOR ORDINANCE AMENDMENT The motion of Councilman TO ALLOW WOOLLY MONKEY IN CITY Yamamoto, seconded by DENIED Councilman Garthe, to support the recommenda- tion of Captain E. B. Hansen of the Police Department in his report, March 17, 1978, not to amend the Code to allow woolly monkeys in the City, carried 4:3, with Councilmen Ward, Brandt and Bricken dissenting. Jackie Maynard, 2002 East Santa Clara, owner of the monkey in question, presented a petition signed by 51 people (52 apart- ments in the complex). She also presented a statement from her landlord, owner of the Mango Tree Apartments, supportive of her request to maintain the monkey. She stated that she has owned the monkey for 1-1/2 years at the apartment house on Santa Clara, and there has been no problem; and that she has owned the monkey for seven years, during which time the monkey has been very gentle and exhibited no agressive tendencies. Other speakers in favor of allowing the monkey in the City were: Karen Rafferty, owner of pet grooming business for 20 years Robert Sullivan, neighbor at 2002 Santa Clara Maureen Bricken, 2424 North Oakmont Greg Hickman, 3702 Provincetown, Irvine, Zoology Instructor The speakers spoke of their preference for "Pinky", the woolly monkey, over dogs and cats. Mr. Hickman stated that the ordinance allowing squirrel monkeys and marmoset monkeys is off-base; that he does not condone exotic animals in captivity, but the woolly monkey is an exception. He recommended further research to obtain several opinions on the subject in order to make an objec- tive decision. CA 95 RECESS At 4:20 P.M. the meeting EXECUTIVE SESSION was recessed for an Execu- tive Session to consider personnel matters; the meeting reconvened at 5:15 P.M. and immediately recessed for dinner at Reubens Restaurant; the meeting was again reconvened at 7:30 P.M. for the evening Agenda with all Councilmen present. INVOCATION Following the Pledge of PLEDGE OF ALLEGIANCE Allegiance to the Flag, the Invocation was given by Father Gary J. Adams of the Episcopal Church of the Messiah. SPECIAL PRESENTATION Councilman John Garthe did CITY TILE TO JAMES FAULKNER the honors for the Council BOWERS MUSEUM BOARD MEMBER by presenting a City Seal tile plaque to James Faulkner, retiring member of the Bowers Memorial Museum Board. Councilman Garthe stated that Mr. Faulkner had served since his appointment in 1970; that during those eight years the Bowers Museum had taken great strides forward; and that the City is appreciative of his valuable contribution to the improvements of the Museum. Councilman Yamamoto added that Mr. Faulkner would indeed be missed. CA 8S.2 CITY COUNCIL MINUTES 117 MARCH 20, 1978 SPECIAL PRESENTATION As a member of the Inter- INTERNATIONAL POLICE DAY COMMITTEE national Police Day Commit- POLICE EXPLORER SCOUTS tee, Councilman Ortiz presented a check for $1,169.74 to the Santa Aha Explorer Scouts; Sergeant Roddy Quails, Police Explorer Advisor, accepted for the Scouts. Coun- cilman Ortiz said that the International Police Day celebration held in January hosted 1,100 police officers from Mexico, and was such a success that there was a surplus which the Committee felt would be well used by the Santa Ana Explorer Scouts. Sergeant Qualls introduced Jeff Armstrong, the Captain of the Explorer Scouts, who expressed the sincere appreciation of his fellow Scouts. CA ?3B CA 151 PUBLIC HEARING Mayor Evans announced that AMENDMENT TO THE GENERAL PLAN this was the time and place ARTERIAL STREETS - RES. 78-36 for the public hearing of ADOPTED Negative Declaration and Amendment to the General Plan - Arterial Streets portion of the Land Use and Arterial Streets Section to add a new designation to be known as iow- medium density residential allowing between 8 and 11.5 housing units per acre, and redesignating property bounded by Hazard, Rosita, Fifth and Euclid Streets from Low Density Residential to the new designation of Low-Medium Density Residential. Senior Planner William Daugherty stated that after reviewing the history of the 31-acre area and taking into consideration the typical lot configuration for properties within the area and the variance activity, Staff agreed that the neighborhood was well suited for planned residential or condominium-type develop- ments and that planned developments could be encouraged by a General Plan Amendment to allow iow-medium density; that it has been determined that public services such as water, sewerage and drainage needs of the area can be met; that the Planning Commission unanimously recommended the approval of the General Plan Amendment following public hearing held February 27, 1978. There being no speakers on the subject, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Ortiz, carried 7:0 unanimously, the Negative Declaration was approved and filed, and the following resolution was adopted: RESOLUTION NO. 78-36 GENERAL PLAN AMENDMENT 1978-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMEND- ING THE LAND USE PORTION OF THE LAND USE AND ARTERIAL STREETS SECTION OF THE GENERAL PLAN BY ADDING A NEW DESIGNATION THERETO TO BE KNOWN AS LOW-MEDIUM DENSITY RESIDENTIAL AND BY REDESIGNATING PROPERTY BOUNDED BY HAZARD, ROSITA, FIFTH AND EUCLID STREETS FROM LOW DENSITY RESIDENTIAL TO LOW- MEDIUM DENSITY RESIDENTIAL. CA 78.3 PUBLIC HEARING Mayor Evans announced that AMENDMENT APPLICATION 779 this was the time and place SPECIFIC DEVELOPMENT PLAN #11 for the public hearing of ORDINANCE NO. NS-1411 - 1ST READING Negative Declaration and Amendment Application No. 779 and Specific Development Plan #11 to rezone property between Hazard and Seventh Streets, west of Rosita Street from the RI (Single Family Residential) District to the SD (Specific Develop- ment) District as required by Specific Development Plan #11. CITY COUNCIL MINUTES 118 MARCH 20, 1978 Senior Planner William Daugherty stated that the subject 5.5 acres is located within the 31 acres redesignated by General Plan Amendment 78-1; that Specific Development Plan #11 requires that 50% of the total lot area shall be devoted to open space; that the Plan also requires two fully enclosed garages and one uncovered parking space for each three-bedroom dwelling unit and one fully enclosed garage and one uncovered parking space for each dwelling unit of two bedrooms or less; and that after a public hearing on February 27, 1978 the Planning Commission unanimously recommended the proposed zone change for approval. There being no speakers on the subject, the Mayor closed the public hearing. On the motion of Councilman Ortiz, seconded by Councilman Yama- moto, and unanimously carried 7:0, the Negative Declaration was approved and filed and the following ordinance was placed on first reading: ORDINANCE NO. NS-1411 AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 779 TO REZONE PROPERTY LOCATED BETWEEN HAZARD AND SEVENTH STREETS AT ROSITA FROM THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT TO THE SD (SPECIFIC DEVELOPMENT) DISTRICT, AMENDING SECTIONAL DISTRICT MAP 9-5-10, AND ADOPTING SPECIFIC DEVELOPMENT PLAN #11. CA 78.3 CA 78.10 PUBLIC HEARING - EIR Mayor Evans announced that SPSA #49 - COLLEGE AVENUE this is the continuance of EIR ADOPTED; DEED APPROVED a public hearing from ORDINANCE NO. NS-1410 1ST READING March 13, 1978 to consider the Environmental Impact Report and Specific Plan for Street Alignment No. 49 - College Avenue north of Seventeenth Street. Director of Public Works John Stevens stated that in December 1975 the City Council approved, as part of the City 1976-77 AHFP (Arterial Highway Financing Program), the widening of 17th Street from College to King; that the proposed plan also included the realignment of the north leg of College Avenue; that the already difficult turning maneuver now required by this offset inter- section will become more hazardous as the traffic volume increases which will result from increased parking to be available on the Santa Aha College campus; and that the financial impact to the City would be less if the alignment is accomplished at the same time as the street widening of Seventeenth Street. In answer to Councilman Yamamoto's question, Mr. Stevens stated that increased traffic from the north is also expected when the County building located there is filled to capacity. Yhere being no speakers on the subject, and no further discussion, the Mayor closed the public hearing. On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 6:1, with Councilman Yamamoto dissenting, the Environmental Impact Report was adopted, along with all written materials per- taining thereto and all verbal comments as the final EIR, and certified that it was completed in compliance with CEQA and the City's rules and regulations, and that the Council has reviewed and considered the information contained therein. On the motion of Councilman Brandt, seconded by Councilman Garthe, carried 6:1, with Councilman Yamamoto dissenting, the following ordinance was placed on first reading: CITY COUNCIL MINUTES 119 MARCH 20, 1978 ORDINANCE NO. NS-1410 - AN ORDINANCE OF THE CITY OF SANTA ANA ADOPTING SPECIFIC PLAN FOR STREET ALIGNMENT NO. 49 AND ADDING SECTION 41-748 TO THE SANTA ANA MUNICIPAL CODE TO ESTABLISH STREET ALIGNMENT FOR COLLEGE AVENUE FROM SEVEN- TEENTH STREET TO A POINT 354.16' NORTH. The Mayor and Clerk was authorized to execute a Deed with Cash and Escrow to purchase property on the north side of Seventeenth Street east of College for street purposes from Donald Sher for $185,000 on the motion of Councilman Brandt, seconded by Council- man Ward, and carried 6:1, with Councilman Yamamotd dissenting. CA 29.7 CA 155 ORAL COMMUNICATION Councilman Yamamoto recom- APPOINTMENT TO PERSONNEL BOARD mended the appointment of JACQUELINE D. SPANLEY APPOINTED Jacqueline Spanley from Ward 7 to fill the vacancy on the Personnel Board for a term ending June 30, 1979, replac- ing Pauline Lockwood. The appointment was made on the motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried 6:1, with Councilman Ortiz dissenting. Councilman Ortiz stated that his objection related only to the fact that Mrs. Spanley was an employee of a bureaucracy. CA 50.8 ORAL COMMUNICATION REVIEW OF PERFORMANCE - CITY ATTORNEY - SET FOR APRIL 25 at 4:00 P.M. in Executive Session. The performance review of the City Attorney intended for this meeting was post- poned to April 25, 1978 ORAL COMMUNICATION City Attorney Keith Gow LEGAL ACTION - MURAl FARMS stated that it would be APPROVED necessary to obtain Council approval to commence legal action against Murai Farms, to resolve the matter of use and occupancy of City lands intended for Centennial Park. Assistant City Attorney Edward Cooper stated that the License Agreement between the City and Murai Farms for use of the property expired December 13, 1977; that Mural Farms had requested a restraining order to prevent the City from utilizing its property until a November strawberry crop was harvested, but that it was not granted; that a Federal representative contacted the City and stated that if Murai Farms pays $65,839 damages, they can be allowed to retain the use of the property through June 30, 1978; the City Attorney's office drafted a contract, but if it cannot be negotiated, legal action would be in order to recover the property. The recommended consent was given on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Ward. CA 139 ADJOURNMENT At 8:17 P.M. Mayor Evans adjourned the meeting. ~LORENCEI, h~4,LONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 120 MARCH 20, 1978