HomeMy WebLinkAbout05-01-1978MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
May 1, 1978
The meeting was called to order by Vice Mayor James E. Ward at
2:00 P.M. in the City Council Chambers, 22 Civic Center Plaza,
in the absence of the Mayor. Council members present were
Gordon Bricken, Harry K. Yamamoto, John Garthe, David L. Brandt,
and Vice Mayor Ward. Mayor Vernon S. Evans was absent; Council-
man David F. Ortiz arrived at 3:00 P.M. The following members
of Staff were present: City Manager Bruce C. Spragg, Assistant
City Manager Daniel E~ Stone, Assistant City Attorney Edward J.
Cooper, Director of Public Works John E. Stevens, Planning Direc-
tor 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 Brandt.
ORDINANCE NO. NS-1424
BUILDING SECURITY STANDARDS
CONTINUED TO MAY 15
the unanimously carried 5:0 motion of
seconded by Councilman Brandt, at the
Attorney for additional legal, review:
The following ordinance
was continued to May 15,
1978 for consideration
of first reading, on
Councilman Yamamoto,
request of the City
ORDINANCE NO. NS-1424 - AN ORDINANCE OF THE CITY OF
SANTA ANA ADDING DIVISION 3, ARTICLE II OF CHAPTER 8
TO THE SANTA ANA MUNICIPAL CODE ESTABLISHING LOCAL
SECURITY STANDARDS FOR BUILDINGS. (Agenda Item 27)
CA 87
CA 47
Sergeant Joe Brand of the Police Department stated that the
proposed ordinance was developed after several years research,
and the cooperation of the Building, Planning, Fire, Police and
Attorney's offices, along with manufacturers of security
products; that this State Model Ordinance has been implemented
by the City of Tustin; that there are seven cities that have
begun the process to implement such an ordinance, and two others
that have adopted their own versions of it; that it aids the
City's crime prevention program and can impact the burglary
problem; that the new projects that have installed this equip-
ment are less likely to be victimized by burglary; that the
cost of the average loss per burglary is $600, much more than
the cost of the recommended devices; that the security program
cost is less to the resident if done at the time of construc-
tion; that the ordinance applies to new construction, and to
structures being improved only if the value of the improve-
ments exceeds S0% of the value of the existing building.
CONSENT CALENDAR Dissenting votes were
DISSENTING VOTES registered on the follow-
ing Consent Calendar Items:
Items 4 A, 4 B by Council-
man Bricken; Item 4 D by Councilman Yamamoto; Item 5 C by Vice
Mayor Ward. Councilman Bricken abstained from voting on Item 7 B
because the Applicant is a client of his firm, Hilliard and
Bricken Associates.
CITY COUNCIL MINUTES
161 MAY 1, 1978
CONSENT CALENDAR On the unanimously carried
STAFF RECOMMENDATIONS 5:0 motion of Councilman
APPROVED Bricken, seconded by Coun-
cilman Brandt, Council
approved the Staff recommendations on the following Consent
Calendar Items:
MINUTES
Approved the Minutes Of the Regu-
lar Meeting of April 3, 1978
BID CALLS
Approved plans and specifications
and authorized advertisement for
bids on the following:
SPEC 78-018 - Legal consultant/trainer for Paraprofes-
sional Emergency Response Team.
PROJECT 2056 Relocation of median mounted left-turn
signals at First and Bristol; Harbor and McFadden;
Seventeenth and Harbor; Seventeenth and Santa Ana Free-
way.
PROJECT 2057 Installation of new left-turn signals at
the intersections of Bristol and Edinger; First and
Grand.
PROJECT 6143 - MacArthur Park softball backstop.
PROJECT 8501A - Construct storm drain at North Main
parking facility and arrange for relocation of Edison
facilities.. CA 89
BID AWARDS Rejected the bids of Bevco
Stationers for Virco Stacking
Chairs #8946, and Harbor Office
Supply on davenport as not responsive to the specifications;
awarded the following on basis of lowest responsible and
responsive bidder:
SPEC 77-101 - Office furniture for Newhope Branch
Library; awarded Items 6-8, 10, 11, 13, 1S to Bevco
Stationers, Hawthorne, in the total amount of $2,833.30;
awarded Items 1-5 to McMahan Desk Co., Anaheim, in the
total amount of $2,177.13; awarded Item 14 to Harbor
Office Supply, San Pedro, in the total amount of $82.68;
'awarded Items 9, 11 and 15 to Orange County Office,
Santa Ana, in the total amount of $544.78.
Awarded the following on basis of lowest responsible and
responsive bidder:
PROJECT 1397 Reconstruct west side of Main Street,
MacArthur Boulevard to S.P.R.R. and widen east side
of Main from 171' to 342' south of Alton Avenue;
awarded to Sully-Miller Contracting Company, Orange,
in the total amount of $67,525.20.
Awarded the following on basis of only responsible and
responsive bidder:
PROJECT 6139 E1 Salvador Park all-purpose court
renovation; awarded to American Recreational Surfacing,
Inc., Irvine, in the total amount of $5,100.00. CA 89
CITY COUNCIL MINUTES
162 MAY 1, 1978
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed Staff report
of the following:
JONES, William E.. and Margaret - 2000 S. Yale, "B"
Original Type "20" off-sale beer and wine, Council-
man Bricken registered a NO vote. (Agenda Item 4 A)
THE SOUTHLAND CORPORATION - 830 West Seventeenth Street
original Type "20" off-sale beer and wine; Councilman
Bricken registered a NO vote. (Agenda Item 4 B) CA 146
TRASPORT, Anthony; Anthony, Jr.; and Robert, 2501 N.
Grand - Original - Type "41" on-sale beer and wine
(bona fide public eating place). PROTEST - Minor
Exception required. CA 146.1
PERT, Glendon F. - 1521 North Fairview - Person-to-
person transfer - Type "40" on-sale beer. Councilman
Yamamoto registered a NO vote. (Agenda Item 4 D)
CA 146
VARIANCES & Approved and filed Negative
CONDITIONAL USE PERMIT Declaration or Notice of Exemp-
tion, as applicable, and
Planning Commission Findings of Fact, on the following:
NEGATIVE DECLARATION & VA 78-1 - Filed by Harunori
Oda to construct a 40-unit apartment complex in the
Ri and C2 Districts at 601 South Newhope Street.
APPROVED.
NEGATIVE DECLARATION & VA 78-11 - Filed by Ben H. Warner,
Jr. to allow tow truck terminal and storage of salvaged
vehicles at 818 East Walnut in the Mi District. APPROVED.
NOTICE OF EXEMPTION & VA 78-12 - Filed by Herbert Pres
to allow canopy signs in connection with a proposed
commercial development at 5425 West First Street in
the C1 District. APPROVED. Vice Mayor Ward registered
a NO vote. (Agenda Item 5 C)
NEGATIVE DECLARATION & VA 78-13 - Filed by Richard
Gutierrez to store and repair commercial searchlights
and related equipment at 4612 West First Street in the
C5 District. DENIED storage and repair of commercial
searchlights; APPROVED flag and banner retailing with
retention of residential uses.
NEGATIVE DECLARATION & VA 78-14 - Filed by Louis Ammann
to allow meat cutting and packaging and retail grocery
sales at 802 East Third Street in the C2 District.
APPROVED. CA 13
NEGATIVE DECLARATION & CUP 78-5 - Filed by Whitmor
Homes, Inc. to construct a 62-unit condominium develop-
ment in the RI-PRD District at 4526 West Fifth Street.
APPROVED. CA 13.1
Set the following Negative Declaration, VA 77-76, Appeal
No. 386, for public hearing on May 15, 1978 at 7:30 P.M.:
NEGATIVE DECLARATION & VA 77-76 - Filed by Dr. Joan B.
Glad to allow a professional office in an existing
residence at 1432 East Seventeenth Street in the Ri
District. Variance was referred back to the Planning
CITY COUNCIL MINUTES
163 MAY 1, 1978
L_
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
Commission by the City Council on March 13, 1978 for
presentation of new evidence. DENIED. Appellant
wishes to proceed with the Appeal of the denial. CA 13.3
DEEDS WITH CASH & Approved the following deeds
ESCROW; GRANTEE CITY and authorized Mayor to sign
all necessary documents in
connection with the purchases:
FIRST CHRISTIAN CHURCH OF SANTA ANA - South side of
Seventeenth Street west of College for street and
vehicular access.
THE CITY OF GARDEN GROVE - Jackson and Seventh Street
for street purposes. (No escrow - Pursuant to agree-
ment A-78-17 approved by Council February 21, 1978.)
CA 155
DEEDS NO CASH
GRANTOR CITY
Authorized execution of the
following deeds by Mayor and
Clerk:
HILL, Lester, et. al. North side of Edinger east
of Fairview for vehicular access.
WELLS FARGO BANK, N.A. - North of MacArthur 1320'
west of Harbor for utility easement. CA 155
TENTATIVE PARCEL MAP
TENTATIVE TRACT MAP
ditions contained in
Approved and filed the Negative
Declarations, and approved the
following maps subject to con-
Planning Director's reports:
PARCEL MAP 1054 - Filed on March 28, 1978 by Parkcenter
Corporation creating two LP parcels; both proposed par-
cels to be used for professional purposes; generally
located on the north side of Wellington Avenue, 360 feet
west of Tustin Avenue. CA 25
TRACT MAP 10331 - Filed on March 22, 1978 by Marinacci-
Lindborg creating one R2-PRD lot; proposed lot to be
used for residential purposes; generally located on the
east side of Mountain View Street, 257 feet south of
Fifth Street. (The City.Council affirmed CUP 77-32
on December 12, 1977 for 21 condominium dwelling units.)
Councilman Bricken abstained from voting because the
Applicant is a client of his business firm, Hilliard
and Bricken Associates. (Agenda Item ? B) CA 24
FINAL PARCEL MAP
Approved the following map,
and accepted the dedications
thereon:
MAP 1026 Northwest corner of Warner Avenue and Fair-
view Street; ten lots. CA 25.2
COMPLETION OF
IMPROVEMENTS
Authorized release of perform-
ance, monument, labor and material
bonds on the following:
TRACT 8326 - West side of Greenville Street, north of
Segerstrom Avenue.
TRACT 9715 - West side of Fairview Street south of
First Street. CA 24
CITY COUNCIL MINUTES
164 MAY 1, 1978
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
BOWERS MUSEUM Authorized purchase of the
SPECIAL FUND following from Harry A. Frank-
lin Gallery, Beverly Hills, at
the price of $2,250 plus 6% sales tax of $135, for a
total of $2,385.00 from the Special Fund for Museum pur-
poses (Account No. 93):
One grey sandstone sculpture (Sukhotai Buddha head).
CA 85
AGREEMENTS
Approved the following agree-
ments and authorized their
execution by Mayor and Clerk:
LOCAL AGENCY FEDERAL AID SAFETY IMPROVEMENT PROJECTS
(ELIMINATE HIGH HAZARD LOCATIONS) - Between City and
State Department of Transportation (CALTRANS) to add
Program Supplement #4 to Master Agreement #07-5063.
A-78-42
WATER MAIN UNDER IRVINE LEAD TRACK NO. 15 ON WARNER
AVENUE - Between City and Atchison, Topeka and Santa
Fe Railway to allow the City to install a 22" steel
casing for a 12" water main on Warner Avenue between
Pullman Street and Redhill Avenue. A-78-43
COOPERATIVE FUNDING FOR CONSTRUCTION OF STREET
IMPROVEMENTS ALONG SCHOOL FRONTAGE AT MACARTHUR
BOULEVARD AND RAITT STREET AND SOUTH PARK #4
SITE - Between City and Santa Ana Unified School
District to share construction costs on the basis of
39.5% City and 60.5% District. (The City's share
will be approximately $42,660.) A-78-44
DESIGN OF T-1 STORM DRAIN - Between City and Osborne
and Associates for the engineering design of the T-1
storm drain in Fairhaven Avenue, Grand Avenue and the
Garden Grove right-of-way between Santiago Creek and
Cambridge Street at a proposed fee of $15,340. A-78-45
PARTIAL REIMBURSEMENT FOR REPLACEMENT OF TRAFFIC
SIGNAL CONTROLLER AT BRISTOL AND SUNFLOWER - Between
City and City of Costa Mesa for the City of Santa
Ana to provide 25% of the cost of replacement
($Z,111.43). A-78-46
BOARDS &
COMMISSIONS
recognition of service on
Accepted the following resigna-
tions with regret and directed
Staff to prepare appropriate
the following:
RESIGNATION AS VECTOR CONTROL DISTRICT REPRESENTATIVE
Letter dated April 19, 1978 from Richard G. Vogl stat-
ing that as of May 20, 1978 he will no longer be
eligible to serve as the City's representative to
the Orange County Vector Control District. CA 54
RESIGNATION
dated April
resignation
FROM HUMAN RELATIONS COMMISSION - Letter
16, 1978 from Mildred Cobb submitting her
as of May 1, 1978. CA 131.2--
CITY COUNCIL MINUTES
165 MAY 1, 1978
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
LIABILITY CLAIMS
Referred to administration
claims received from April 11
to April 24, 1978. CA 65.7B
Denied the following application for leave to present
late claim:
APPLICATION FOR LEAVE TO PRESENT LATE CLAIM - Claim
for personal injuries sustained by Edith Shugarman on
June 28, 1978. CA 6S.?
COUNCIL REFERRAL
SUMMARY
Received and filed status report
of matters referred to Staff by
Council. CA 80.2
* * ~ ~ * * ~ ~ CONSENT CALENDAR FINIS ~ ~ * * ~ ~ * *
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 Garthe, and carried S:0
unanimously.
ORDINANCE NO. NS-1423 AN ORDINANCE OF THE CITY
A.A. NO. 786 - TUSTIN & SANTA CLARA OF SANTA ANA APPROVING
ADOPTED AMENDMENT APPLICATION NO.
?86 TO REZONE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF TUSTIN AND SANTA CLARA AVENUES
FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE C5 (ARTERIAL
COMMERCIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO.
S-5-9 was placed on second reading and adopted on the unanimously
carried 5:0 motion of Councilman Yamamoto, seconded by Councilman
Garthe. CA 10
ORDINANCE NO. NS-1406 AN ORDINANCE OF THE CITY
BENCHES ON PUBLIC STREETS OF SANTA ANA AMENDING THE
FIRST READING; RESOLUTION ORDERED SANTA ANA MUNICIPAL CODE
BY ADDING SECTIONS 33-100
THROUGH 33-113 REGULATING PLACEMENT OF BENCHES ON PUBLIC STREETS
(Bus Benches), which had been continued from April 3, 1978, was
placed on first reading, and the City Attorney was directed to
prepare a resolution to amend the Uniform Schedule of Fees,
Resolution No. ??-53, to include a non-refundable $5.00 initial
and renewal permit fee; on the unanimously carried 5:0 motion of
Councilman Yamamoto, seconded by Councilman Garthe.
Allan Feldman, 4943 Slauson, Maywood, representing Bench Ad
Company, stated that his company had served the Santa Ana area
for many years, and wants to continue to serve the City. He
spoke against bus shelters, citing several reasons why they
are not feasible in Southern California from his viewpoint.
CA 84; CA 35
AGENDA ORDER
ORDINANCE NO. NS-1424
BUILDING SECURITY STANDARDS
Item 27 on the Agenda
was considered earlier
in the meeting (Minutes
Page 161).
CITY COUNCIL MINUTES
166
MAY 1, 1978
RESOLUTION NO. 78-47 A RESOLUTION OF THE CITY
REDEVELOPMENT POSITIONS COUNCIL OF THE CITY OF
ADOPTED; CLASS SPECS APPROVED SANTA ANA AMENDING RESOLU-
TION 58-281 TO ADD THE
CLASS TITLES OF ASSISTANT EXECUTIVE DIRECTOR - REDEVELOPMENT
AND REDEVELOPMENT REAL ESTATE OFFICER AND DELETE THE CLASS TITLES
OF ASSISTANT TO EXECUTIVE DIRECTOR - REDEVELOPMENT AGENCY was
adopted, and the Classification Specifications for Assistant
Executive Director Redevelopment and Redevelopment Real Estate
Officer were approved, on the motion of Councilman Bricken,
seconded by Councilman Garthe, and carried 4:1, with Councilman
Yamamoto dissenting. CA 50.1
CAPITAL IMPROVEMENT PROGRAM 1978-88 The letter dated March 2,
RECOMMENDED BY PLANNING CO~d~ISSION 1978, from Harold H. Gosse,
FILED Jr., Chairman of the Santa
Ana Planning Commission,
transmitting the Planning Commission's recommended 1978-88 ten
year Capital Improvement Program in accordance with the Charter
of the City of Santa Ana, Section 910 (c) was received and filed
on the motion of Councilman Garthe, seconded by Councilman
Yamamoto, and carried $:0 unanimously. CA 65A
ORANGE COUNTY CIVIC CENTER
AUTHORITY PARTIAL FINANCING OF
ORANGE COUNTY HALL OF ADMINIS-
TRATION DEDICATION ~ SEPTEMBER 20,
1978 CONTINUED
Action on a letter from
Zika Djokovich, President
of the Civic Center Com-
mission, requesting approval
of a joint Civic Center
dedication ceremony for the
Orange County Hall of Administration and the partial financing
from Civic Center Parking Maintenance Fund, was continued to a
Council meeting subsequent to the County Board of Supervisors
action on the matter, on the motion of Councilman Yamamoto,
seconded by Councilman Ward, carried 5:0 unanimously. The Council
was informed through a "Los Angeles Times" article, dated April
26, 1978, that the Board of Supervisors had postponed its deci-
sion to spend $3,500 on a dedication of the new government office
building until after the June 6, election. CA 77.16
ORANGE COUNTY CIVIC CENTER On the motion of Councilman
AUTHORITY TRANSFER OF FUNDS Bricken, seconded by Council-
TO REFLECTING POOL LANDSCAPING man Garthe, carried 5:0
PROJECT APPROVED unanimously, approval was
given to the transfer of a
$7,700 surplus in the Civic Center Mall Third Increment Fund 2761
to an account for the reflecting pool landscaping project at the
County Courthouse. A report dated April 24, 1978, prepared by
John E. Stevens, Public Works Director, points out that the pro-
posed project is a modification of the present reflecting pools
to landscaped areas because of the continual problems encountered
with the maintenance of the pool and leakage into the courthouse
basement; and that the project was approved by the Council on
December 20, 1976. CA 77.18
"DECENCY IN THE ENVIRONMENT TODAY" On the recommendation of
INITIATIVE MEASURE RECOMMENDED special counsel, James J.
RESOLUTION NO. 78-50 ADOPTED Clancy, in his letter dated
April 7, 1978, and on the
motion of Councilman Yamamoto, seconded by Councilman Brandt,
carried 5:0 unanimously,the following resolution, the title of
which was read aloud by the Clerk of the Council, was
adopted:
RESOLUTION NO. 78-50 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA SUPPORTING INITIATIVE LEGISLATION
KNOWN AS "ABATEMENT OF MORAL PUBLIC NUISANCES LAW."
CITY COUNCIL MINUTES 167 M~Y 1, 1978
Mr. Clancy's letter refers to the experience he has had in
representing the Cities of Duarte, Whittier~and Santa Aha in
a series of lengthy public nuisance abatement lawsuits, in
making his recommendation to support an initiative measure to
be placed on the November, 1978 ballot, to increase the effec-
tiveness of the California public nuisance abatement laws in
their application to halting the neighborhood invasion of
pornographic businesses and houses of prostitution in.California
Cities. CA 68.1
ORANGE COUNTY AIRPORT
RENEWAL OF VARIANCE FROM
STATE NOISE STANDARDS FOR
AIRPORTS RESOLUTION NO. 78~51
ADOPTED
In response to a request
from Joseph E. Irvine,
Executive Director of
Community Airport Council,
dated April 19, 1978, and
on the motion of Councilman
Yamamoto, seconded by Councilman Brandt, carried 5:0 unanimously,
the following Resolution, the title of which was read by the
Clerk of the Council, Florence I. Malone, was adopted:
RESOLUTION NO. 78-51 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA URGING THE STATE DEPARTMENT OF
TRANSPORTATION TO APPROVE A VARIANCE FROM STATE AIRPORT
NOISE STANDARDS AT THE ORANGE COUNTY AIRPORT.
Mr. Irvine's letter states that, "While an irritant to some,
it is vital to the business community and total economic well
being of the area (that) the variance be granted if
adequate commercia{ ~i~ transportation is to be provided for
all our citizens." CA 98
REQUEST FOR WITHDRAWAL OF
PROTEST OF ALCOHOLIC BEVERAGE
APPLICATION BY ELBA FREEMAN
AT 209 NORTH HARBOR PROTEST
UPHELD; REQUEST DENIED
protest of the issuance of an
and wine license (public premises)
Intrigue Bar" at 209 North Harbor,
On the motion of Councilman
Yamamoto, seconded by
Councilman Brandt, carried
S:0 unanimously, the request
for withdrawal of protest
was denied and the police
original Type "42" on-sale beer
to Elba Freeman for "The
upheld.
The request of the applicant, Elba Freeman, 235 South James,
Orange, was supported by owner of the property at 209 North
Harbor, D. Boyd, 1711 No. Broadway, who stated that Mrs. Freeman
owns another bar and has been successful in keeping the clientele
orderly and law-abiding. He added that the property had been
purchased as an investment and the former tenant of the property
evicted with the hope that a more desirable tenant could be found;
he requested that the Council reconsider Mrs. Freeman's application.
CA 146.1
RECESS
was reconvened.
At 2:45 p.m. Mayor Evans
recessed the meeting; at
2:51 p.m. the meeting
NEEDS ASSESSMENT/SOCIAL A report dated April 11,
ELEMENT - STATUS REPORT 1978, prepared by Barbara
FILED J. Poole outlining the
goals and objectives,
the work plan, and the schedule of events necessary to prepare
a human services Needs Assessment, was received and filed on
the motion of Councilman Bricken, seconded by Councilman Yamamoto,
carried 5:0 unanimously. The report stated that the Needs Assess-
ment will provide the basic information from which the form and
content of a Social Element can be developed by the Human Relations
Commission and the Planning Commission. CA 78.3i
CITY COUNCIL MINUTES 168 MAY 1, 1978
POLICE SERGEANT EXAMINATION On the motion of Councilman
VALIDATION AND CONSULTING Garthe, seconded by Council-
SERVICES PAYMENT AUTHORIZED man Brandt, carried 5:0
unanimously, the payment
of $3,605.32 to Biddle & Associates, Incorporated for services
to validate the City's examination for Police Sergeant was approved.
The report dated April 21, 1978, prepared by the Personnel Director,
stated that the examination given had been prepared on the basis
of a State-wide validation study, but the results of the examina-
tion necessitated a need to validate on a local level to strength-
en the City's decision to use the examination. CA $0; CA 47
BOARD OF RECREATION AND PARKS - The Goals and Objectives
GOALS AND OBJECTIVES and Philosophy of the Board
FILED of Recreation and Parks
adopted April 10, 1978,
unanimously by the Board, were received and filed by the Council
on the motion of Councilman Yamamoto, seconded by Councilman
Brandt, carried 5:0 unanimously. Although Council's past policy
to meet annually with each Board and Commission has been changed
to quarterly meetings between the Mayor and the Chairmen and
Vice Chairmen of each Board and Commission, various Councilmen
expressed the opinion that they would again like to resume annual
dinner meetings with Boards and Commissions. Vice Mayor Ward
agreed to discuss the Council's suggestions with Mayor Evans. CA 52.2
PROPOSED BAIL SCHEDULE Following the recommendation
APPROVED FOR SUBMISSION of Edward J. Cooper, Assistant
TO COURT City Attorney, in his report
of April 26, 1978, on the
motion of Councilman Yamamoto, seconded by Councilman Brandt,
carried 5:0 unanimously, the proposed bail schedule was approved
for submission to the Presiding Judge, Municipal Court, Central
Court, for Court approval. Mr. Cooper's report states that the
results of a survey of Orange County cities indicated that next
to Buena Park, Santa Ana has lower bail amounts than other cities,
and that the proposed schedule will generate substantially greater
revenue for the City from fines and forfeitures. ~A 65
HIRING FREEZE On the motion of Councilman
IMPACT ON CITY DEPARTMENTS Brandt, seconded by Council-
REPORT FILED man Ward, carried 5:0
unanimously, a report on
the impact of the hiring freeze on City departments dated April
25, 1978, prepared by Assistant City Manager, Dan Stone, was
received and filed. Mr. Stone reports that "While the estimated
'salary savings' for the 63 vacant or to be vacant full-time
positions from February 1, 1978 to June 30, 1978 amounts to
$257,939, there is significant impact on almost every department
within the City." He cites the main impact as the random nature
of attrition and the disadvantage of vacancies in positions that
would not be cut if the Jarvis-Gann Proposition passes and staff
reduction were necessary. CA 50
Councilman Ortiz joined the Council meeting at 3:00 p.m.
HIRING FREEZE EXEMPTION
REQUESTS POLICE DEPARTMENT
CRIMINALIST AND POLICE SERVICE
OFFICER (COMMUNICATIONS)
APPROVED
Department Criminalist position was
On the motion of Councilman
Brandt, seconded by Council-
man Ward, carried 5:1 with
Councilman Bricken dis-
senting, the exemption
request for the Police
approved and the immediate
CITY COUNCIL MINUTES 169 MAY 1, 1978
filling of that position was authorized. On a subsequent motion
made by Councilman Brandt, seconded by Councilman Ward, carried
4:2 with Councilmen Yamamoto and Bricken dissenting, the hiring
freeze exemption for Police Department Police Service Officer
(Communications Operator) was approved and the immediate filling
of that position authorized. The report dated April 26, 1978,
prepared by Lieutenant J. R. Enos, stated that the Police Crime
Laboratory has suffered a 75% turnover rate during the last year
and is presently operating with only half its technical staff
and none of its supervisors; and that the requested position is
critical and necessary for the analysis and processing of crime
scene evidence. The report dated April 26, 1978, prepared by
Lieutenant J. D. Davis, states that any vacancy in the communi-
cation operation of the Police Department must be filled; other-
wise it is necessary to use sworn personnel at overtime rates
which is at least $500 per month in excess of what the normal
salary expenditure would be. CA 50
DONATION OF SURPLUS 1969
CHEVROLET VAN TO SANTA ANA
POLICE EXPLORERS APPROVED
ommendation of Lieutenant W. T.
1978, report to donate the old
Ana Police
On the motion of Councilman
Yamamoto, seconded by
Councilman Brandt, carried
6:0 unanimously, the rec-
Weatherly, Jr. in his April 21,
Police transport unit to the Santa
Explorers was approved (Equipment number 31880).
CA 45
WEST SIDE ASSESSMENT The report of John E. Stevens,
DISTRICTS - STATUS REPORT Public Works Director, dated
FILED April 24, 1978, giving the
status of each of the three
assessment districts in West Santa Ana, was received and filed on
the motion of Councilman Garthe, seconded by Councilman Yamamoto,
carried 6:0 unanimously. Mr. Stevens stated that construction
on Assessment District 241 - Santa Anita North will begin July 3
by contractor Sully-Miller with a completion date of December 21,
1918; that the design work for Assessment District 242 - Rosita-
Progresso Area, is 90% complete, the bid call is scheduled for
June 5, and commencement of work in November with completion in
March, 1979; and that signatures are being gathered for Assessment
District 243 - Santa Anita South and can be funded from fourth
year CD allocations available July, 1978, if the District is re-
quested by the residents. CA 90
PUSH-BUTTON LIGHTING FOR Appropriation Adjustment No.
TENNIS COURTS - APPROPRIATION 140 transferring $1,425
ADJUSTMENT NO. 145 APPROVED from Recreation and Parks
Miscellaneous Areas capital
account to Windsor, Portola, and Morrison Parks capital accounts,
to complete payment for the installation of push-button lighting
systems at the tennis courts, was approved on the motion of
Councilman Yamamoto, seconded by Councilman Brandt, carried
6:0 unanimously. The report dated April 19, 1978, prepared by
Robert E. Gresham, Director of Recreation and Parks, stated that
the push-button tennis court lighting is the most cost efficient
and effective. CA 65.3
CETA ADULT WORK EXPERIENCE On the motion of Councilman
PROGRAM - APPROPRIATION Yamamoto, seconded by Council-
ADJUSTMENT NO. 145 APPROVED man Ward, carried 6:0 unani-
mously, Appropriation Adjust-
ment No. 145 transferring $37,000 from the Mature Worker Program
to the CETA Adult Work Experience Program was approved. Keith E.
CITY COUNCIL MINUTES 170 MAY 1, 1978
Blunt, Manpower Project Coordinator, stated in his report dated
April 24, 1978, that due to difficulty in recruiting qualified
and interested mature workers, it is recommended that $37,000
be transferred to the adult worker program where there is a
waiting list for participants. CA 65.3; CA 131.11
ORAL COMMUNICATIONS Staff was requested to de-
PRESENTATION OF CITY KEYS velop something similar
REFERRED TO STAFF to the "State Legislature's
Member's Resolution" for
public relations use by individual Councilmen, on the motion of
Councilman Brandt, seconded by Councilman Yamamoto, carried 6:0
unanimously. The motion followed Councilman Yamamoto's comments
on the giving of a City Key without his knowledge or approval.
City Manager, Bruce Spragg, stated that the City's informal policy
has been to give City Keys by request of Councilmen. CA 151.7
ORAL COMMUNICATIONS Councilman Bricken stated
USE OF CETA FUNDS BY that he would like to see
NON-PROFIT ORGANIZATIONS some specific information
on the use of CETA funds
by non-profit organizations; that he would like to be assured that
the participating agencies are accomplishing the tasks for which
the money was requested.
Manuel Rede, Deputy City Manager, reported that non-profit agencies
are carefully checked; and that a performance report will be ready
soon for Council review. CA 131.11
ORAL COMMUNICATIONS Councilman Bricken stated
UNSAFE BUILDINGS IN that he had received no
THE DOWNTOWN AREA Staff report concerning the
number and condition of
buildings in the downtown area that may be unsafe for occupancy.
CA 87; CA 82
ORAL COMMUNICATIONS
LEGISLATION PROVIDING A
RETTREMENT SYSTEM FOR
CETA EMPLOYEES
Manager, Manuel Rede, stated that he
Councilman Garthe asked if
Staff is monitoring for
legislation that may provide
a retirement program for
CETA employees. Deputy City
is drafting a Resolution for
introduction at the League meeting in support of changes in the
CETA legislation to relieve the Cities from paying retirement and
unemployment benefits for CETA employees. He further stated that
the Resolution should be ready for Council consideration at its
next meeting. CA 131.11
ORAL CON~4UNICATIONS
ANNOUNCEMENT OF A NORTHERN
WATER TOUR BY THE METROPOLITAN
WATER DISTRICT
in June.
Councilman Garthe announced
that he had spaces available
for community businessmen on
a three-day tour of the
California Aqueduct system
CA 12
ORAL COMMUNICATIONS On the motion of Councilman
TRASH STRIKE -STATUS REPORT Garthe, seconded by Council-
RESOLUTION 78-52 ADOPTED man Brandt, carried 5:1 with
Councilman Ortiz dissenting,
Resolution No. 78-52, as follows, the title of which was read by
the Clerk of the Council, Florence I. Malone, was adopted:
CITY COUNCIL MINUTES 171 MAY 1, 1978
RESOLUTION NO. 78-52 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING EXPENDITURES OF
MORE THAN TWO THOUSAND DOLLARS FOR MATERIALS, SUPPLIES,
AND EQUIPMENT WITHOUT ADVERTISING FOR BIDS, AND DECLARING
THE SAME TO BE OF URGENT NECESSITY FOR THE PRESERVATION
OF LIFE, HEALTH, AND PROPERTY, AND DECLARING THE FACTS
CONSTITUTING SUCH URGENCY.
City Manager, Bruce Spragg, announced that on last Saturday the
Union members voted overwhelmingly 349:17 to reject the final
contract offer by the management negotiators for the trash con-
tractor; that Mr. Blackman of Great Western Reclamation Inc., has
stated that no further meetings have been scheduled; that the
contractor has eleven trucks out today working primarily on bin
collections; that the contractor estimates that by about Wednesday
he will know whether residential pickups will be resumed; that the
contractor is operating a "hot line" and will publicize the tele-
phone number to enable citizens to call for emergency service;
that the contractor has prepared a request for a court injunction;
that some City park sites are available to use for transfer
stations on a temporary basis if that becomes nedessary; that
the City has purchased 1,000 large plastic bags for distribution
and could purchase more, if needed and that, if authorized by
Council to make the expenditure, the City could rent trucks and
trailers manned by City crews if needed to assist in emergency
trash disposal. Mr. Spragg further stated that expenditures
made by the City for this purpose would probably be recoverable
from the contractor. CA 11.1
RECESS At 3:37 p.m. Vice Mayor
Ward recessed the meeting
for dinner; at 7:30 p.m.;
the meeting was reconvened with Mayor Bvans absent.
PLEDGE OF ALLEGIANCE Following the Pledge of
INVOCATION Allegiance, the Invocation
was given by Reverend Vernon
R. Van Der Werff of the Parkview Reformed Church. CA 80.17
SPECIAL PRESENTATIONS
COMMERCIAL PROPERTY
IMPROVEMENT PROGRAM
REBATE CHECKS PRESENTED
Property Improvement Program whereby
Councilman Ortiz announced
that last December the
Council approved $30,000
for 1978 and $6S,000 for
1979 for a Commercial
owners of commercial proper-
ties within designated target areas primarily on South Main Street,
could apply for a rebate of 90% on material and paint and 10%
rebate on all other improvements; and that the first rebate checks
were ready for presentation to:
Mr. Jim McClure, Orange County Office Furniture, $181.80
Mr. Alvin J. Wood, Family Dental Center, $2,000.00
Monsignor John G. Campbell, St. Anne Elementary School, $745.80
Councilman Ortiz apologized to the Monsignor because the City
Attorney had advised Council that the check for St. Anne
Elementary School had been detained due to certain Federal
Housing and Urban Development criteria that limits rebates
to schools; however, the City is attempting to clarify the
ruling and hopes that this private school can be qualified
to receive the rebate for the improvements to its property.
CA 140.20
CITY COUNCIL MINUTES
172 MAY 1, 1978
PUBLIC HEARING
NEGATIVE DECLARATION, AMENDMENT
APPLICATION 787 AND SPECIFIC
DEVELOPMENT PLAN #12 FILED:
ORDINANCE NO. NS-1425 FIRST READING
Vice Mayor Ward announced
that this was the time
and place for the public
hearing of Negative Dec-
laration, Amendment Appli-
cation 787 and Specific
Development Plan #12 to prezone and rezone property owned by
Holly Sugar Corporation on Dyer Road between Grand Avenue and
Halladay Street from Mi to Specific Development in accordance
with Specific Development Plan #12, to allow the continued use
and expansion of the property for industrial purposes when this
County island is annexed to the City in the near future.
Charles Zimmerman, Planning Director, stated that a 2.2 acre
portion of the Holly Sugar property is already within the City
Limits of Santa Ana and that the balance of the 43.4 acre property
was prezoned MI; that meetings have been held with the Holly Sugar
management when they advised City staff that they intend to spend
15 million dollars to improve the site and the operation of the
Holly Sugar plant; that the Specific Development designation allows
the City to restrict the development of the site more so than the
MI designation; that members of the Delhi community present at the
Planning Commission meeting were satisfied with the plans for the
property adjacent to their neighborhood; and that the Planning
Commission unanimously recommended approval of the prezone change
at its meeting of April 10, 1978.
Manuel Rede, Deputy City Manager, reported that a Local Agency
Formation Commission hearing was held on April 26, 1978, and the
annexation was approved, as recommended by the Executive Director,
with the Santa Aha City Council as the legislative body author-
ized to conduct the proceedings; that the annexation was approved
with the added condition that it should be effective upon the
condition of prezoning by the City of Santa Ana; and that within
thirty days the City of Santa Ana should adopt a Resolution ini-
tiating proceedings and setting a hearing not less than 30 nor
more than 45 days after the date of the Resolution.
Attorney Leonard A. Hampel of Rutan & Tucker, representing Holly
Sugar, stated that negotiations with the City had resulted in the
proposed Ordinance adopting Specific Development #12; and that
although Specific Development conditions are most restrictive,
Holly Sugar is ready and willing to comply.
There being no further speakers, Vice Mayor Ward closed the public
hearing. On the motion of Councilman Yamamoto, seconded by Council-
man Brandt, carried 6:0 unanimously, the Negative Declaration was
approved and filed and Ordinance No. NS-1425 as follows was placed
on first reading:
ORDINANCE NO. NS-1425 - AN ORDINANCE OF THE CITY OF SANTA
ANA APPROVING AMENDMENT APPLICATION NO. 787 TO PREZONE
PROPERTY LOCATED AT 1301 EAST DYER ROAD FROM THE Mi (LIGHT
INDUSTRIAL) DISTRICT TO THE SD (SPECIFIC DEVELOPMENT)
DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 30-5-9.
CA 10
PROPOSED UNDERGROUND UTILITY
DISTRICT NO. 1S - FOURTH
STREET'FROM SANTA ANA FREEWAY
TO TUSTIN AVENUE
RESOLUTION NO. 78-47 ADOPTED
Ana Freeway to Tustin Avenue.
Vice Mayor Ward announced
that this was the time and
place for the public hear-
ing of proposed Underground
Utility District No. 1S
Fourth Street from Santa
John Stevens, Public Works Director, stated that the purpose of
the underground utility districts is to underground the canopy
of wires that people have found unaesthetic and unappealing in
CITY'COUNCIL MINUTES
173 MAY 1, 1978
our urban community; that generally this is done in conjunction
with street improvement districts; that in this case Fourth
Street has been completely widened and improved and the over-
head wires are still in existence; that it is prime area that
is an entrance to the City; that overhead electrical wires are
a serious potential hazard to pedestrians; that there will be
no necessity for private conversions; that the only expense
will be to the utilities companies; and that there will be no
extra expense to the City.
Clerk of the Council, Florence I. Malone, reported that a letter
had been received from Eugene B. Hoggatt, Jr., Executive Vice
President of Parkcenter Corporation, 555 Parkcenter Drive, in
support of the proposed Underground Utility District.
There being no further comments, Vice Mayor Ward closed the
public hearing. On the motion of Councilman Garthe, seconded
by Councilman Brandt, carried 6:0 unanimously, the following
Resolution was adopted:
RESOLUTION NO. 78-47 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 15. CA 134
NEGATIVE DECLARATION AND
VACATION OF A PORTION OF
CYPRESS AVENUE SOUTH OF
ADAMS STREET TO THE PACIFIC
ELECTRIC RIGHT OF WAY
CONTINUED
the Pacific Electric Right of Way.
Vice Mayor Ward announced
that this was the time
and place for the public
hearing of Negative Dec~
laration and Vacation of
a portion of Cypress Avenue
south of Adams Street to
Councilman Yamamoto left the meeting at 8:00 p.m.
Charles Zimmerman, Planning Director, stated that Lomar Corpora-
tion filed a request for vacation of the subject City street on
February 3, 1977, and paid a $50.00 filing fee on April 27, 1977;
that City Manager and Director of Planning approval was obtained
on May 20, 1977; that on February 27, 1978, the Planning Commission
unanimously recommended the vacation; that the vacation was opposed
by only one adjacent property owner, Bobken Restaurant, whose
customers use a 30-foot easement from Main Street to the rear of
the restaurant property adjacent to Cypress Avenue for access to
a rear parking lot.
John Stevens, Public Works Director, stated that
feels there is no need or necessity for the City
portion of Cypress street as a City street.
the City Staff
to retain this
Attorney Robert S. Bower of Rutan & Tucker, representing Lomar
Corporation, stated that in view of the fact that the City has
no need for Cypress' Avenue south of Adams and that his client,
Lomar Corporation, owns the property on both sides of the street
that the proposed vacation would be very desirable.
George Estrada, 517 East Adams Street, spoke in opposition to
the proposed vacation, stating that many residents believe that
accessibility can be improved by extending Cypress south as
originally planned; that use of the vacated property for Lomar's
expansion into the adjacent residential area would be opposed
by the neighbors; and that if the vacation is granted, there
should be some assurance that the property will be used in con-
formance with existing residential uses.
CITY COUNCIL MINUTES 174 MAY 1, 1978
In rebuttal, Mr. Bower stated that any land use change would
be subject to public hearing and that is a consideration to
be made at that time; that Lomar is considering an improvement
of an office building on the first parcel east of Cypress Avenue.
There being no further speakers, Vice Mayor Ward closed the
public hearing. On the motion of Councilman Bricken, seconded
by Councilman Ortiz, carried 5:0 unanimously, the decision on
the proposed vacation of a portion of Cypress Avenue south of
Adams Street to the Pacific Electric right-of-way was continued
to be considered in conjunction with any future request for
change in the use of the property east and west of Cypress Avenue.
CA 14
NEGATIVE DECLARATION AND
VACATION OF A PORTION OF AN
EAST-WEST ALLEY RUNNING FROM
TOWNSEND TO RAITT STREETS BETWEEN
THIRD AND FOURTH STREETS
RESOLUTION NO. 78-49 ADOPTED
Vice Mayor Ward announced
that this was the time
and place for the public
hearing of Negative Dec-
laration and the vacation
of a portion of an east-
west alley running from
Townsend to Raitt Streets between Third and Fourth Streets.
John Stevens, Public Works Director, stated that this particular
alley was brought to the attention of the City by the Artesia
Neighbors several months ago; that it was their request that it
be abandoned because of the use of the alley as a short cut and
the increased opportunity for vandalism and robbery provided by
access to back yards; that the staff finds that all properties
are serviced from the street and that there is no need for the
City to maintain the alley; and that the proposed vacation was
approved by the Planning Commission March 14, 1978.
Those speakin.g in favor of the proposed abandonment were:
Albert Arballo, 1822 West Fourth Street
Faith Bracamontes, 1605 West Third Street
There being no further speakers, Vice Mayor Ward closed the public
hearing. On the motion of Councilman Ortiz, seconded by Council-
man Brandt, carried 5:0 the Negative Declaration was approved
and filed and Resolution No. 78-49 as follows was adopted:
RESOLUTION NO. 78-49 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA VACATING A PORTION OF AN EAST-
WEST ALLEY RUNNING FROM TOWNSEND TO RAITT STREETS BETWEEN
TOWNSEND TO RAITT STREETS BETWEEN THIRD AND FOURTH STREETS
IN THE CITY OF SANTA ANA, ALLEY ABANDONMENT NO. 42. CA 14
ORAL COMMUNICATIONS Following the comments
POLICE COMPLAINT - of Mrs. Neinstedt of 310
MRS. NEINSTEDT South parton, regarding
ADVISED TO FILE FORMAL COMPLAINT the ariest of her son,
Norman Joseph Neinstedt,
Mrs. Neinstedt was advised to file a formal complaint with the
Police Department so that the matter can be investigated.
CA 151.23
INDEMNIFICATION OF FIRST Authorization was given
AMERICAN TITLE FOR TAXES to indemnify First American
DUE ON PROPERTY PURCHASED Title Insurance from any
BY THE CITY APPROVED loss accruing from the
taxes due on the property
located at 2215 West McFadden Avenue purchased by the City from
St. Luke's Methodist Church by purchase agreement dated June 4,
CITY COUNCIL MINUTES
175 MAY 1, 1978
1973, on the motion of Councilman Bricken, seconded by Council-
man Brandt, carried 4:1 with Councilman Ortiz dissenting.
Assistant City Attorney, Edward Cooper, reported that the escrow
may be closed after First American Title Insurance Company is
indemnified from any loss accruing from the present tax encum-
brance on the subject property, amounting to $25,000. He stated
that the City will move to cancel taxes at the close of escrow.
(Deed #6224 & 6225) CA 155
ESTABLISHMENT OF ZOO
COMMISSION REFERRED TO STAFF
a Zoo Commission; the motion was
and carried $:0 unanimously.
Councilman Bricken stated
that he would like to have
Staff investigate the
feasibility of establishing
seconded by Councilman Garthe
CA 52.3
ADJOURNMENT
unanimously, Vice Mayor Ward
adjourned
At 9:00 p.m. on the motion
of Councilman Ortiz,
seconded by Councilman
Bricken, carried 5:0
the meeting.
I=LORENCE I. /Y~ALONE
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES
176
MAY 1, 1978