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HomeMy WebLinkAbout06-05-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA~ CALIFORNIA June 5, 1978 The meeting was called to order by Mayor Vernon S. Evans in the City Council Chamber, 22 Civic Center Plaza, at 2:00 P.M. The following members of Council were present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, James E. Ward and Mayor Evans. Also present'were Staff members: City Manager Bruce C. Spragg, Assistant City Attorney Edward J. Cooper, Assistant City Manager Daniel E. Stone, Director of Public Works John E. Stevens, Planning Director Charles C. Zimmerman, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Garthe. CONSENT CALENDAR Councilman Yamamoto removed ITEMS REMOVED & Item 5 D from the Consent DISSENTING VOTES Calendar; Item 5 A was removed by Mayor Evans. The following items received dissenting votes: Items 4 B, 4 D, 4 I by Councilman Yamamoto; Item 5 C by Mayor Evans; Items 5 F, 5 G, and 7 D by Councilman Ward. Item 12 B was removed by Mayor Evans in order to continue it to June 19; and the Mayor abstained from voting on Items 5 F, 5 G and 7 B because the applicants are clients of First American Title Company, his place of business. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED the Staff recommendations on the On the unanimously approved 7:0 motion of Councilman Brandt, seconded by Council- man Garthe, Council approved following Consent Calendar items: MINUTES Approved the Minutes of the Regular Meetings of May 1 and May 15, 1978. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 1598 Construction of MacArthur Boulevard and Raitt Street at Greenville School and South Park #4. PROJECTS 2050, 2051, 2052 & 2053 - Construct portions of Euclid Street, Grand Avenue and Dyer Road to elim- inate hazardous situations. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: GOLGART, Alton E. and SARDO, Gaetana A. - 2333 Tustin Ave., N, Person-to-person transfer - Type "41" on-sale beer and wine (bona fide public eating place). CITY COUNCIL MINUTES t, 99 JUNE 5, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued GUERRERO, Juan - 300 N. Main - Person-to-person transfer Type "41" on-sale beer and wine (bona fide public eating place). Councilman Yamamoto registered a NO vote. (Agenda Item 4 B) KAPLAN, Abraham and BRAUNSTEIN, Judith Square Original Type "41" on-sale beer (bona fide public eating place). 33 Fashion and wine BARNES, Joe - 600 North Flower - Original Type "40" on-sale beer. Councilman Yamamoto registered a NO vote. (Agenda Item 4 D) GARNER, Gerold and JOHNSON, Stanley N. 509 South Harbor Boulevard Person-to-person transfer Type "20" off-sale beer and wine. SAPUTO, Joseph A. and Josephine - 1471 East Warner Avenue - Original Type "40" on-sale beer. LEE, Dong Soo and Jinsuk Cho Lee 5125 West Edinger - Person-to-person transfer - Type "21" off-sale general. KUBOTA, Robert M. Type "41" on-sale eating place). 2100 East McFadden - Original beer and wine (bona fide public KIM, Young B. and Myohng S. 2509 West Edinger - Person-to-person transfer - Type "20" off-sale beer and wine. Councilman Yamamoto registered a NO vote. (Agenda Item 4 I) VO, Ghinn Van and Hoang Thi Person-to-person transfer - and wine. Le - 2329 West First - Type "20" off sale beer BRIERLY, James A., MILLER, Bonnie J., and PRIEST, Robert B. 1230 South Main - Person-to-person transfer - Type "42" on-sale beer and wine (public premises). CA 146 VARIANCES & CONDITIONAL USE PERMITS sion on the following: Approved and filed Negative Declarations and Findings of Fact by Planning Commis- VA 78-23 - Filed by Eugene Smith to allow construc- tion of three duplexes in addition to two existing single family residences on a .78 acre parcel at 318 South Newhope Street in the R2 District. APPROVED. CUP 78-8 - Filed by Gospel Tabernacle to construct a church, modifying CUP 45, at 4601 West McFadden Ave- nue in the R2 District. APPROVED. Mayor Evans registered a NO vote. (Agenda Item 5 C) CUP 78-10 Filed by Group Realty Services, Inc. to construct five single family residences on separate parcels at 5321 West McFadden Avenue in the R1-PRD District. APPROVED. CITY COUNCIL MINUTES 200 JUNE 5, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued CUP 78-11 - Filed by Mesa Pacific/Mohler Development, Inc. to construct a 33-unit condominium at 2200 N. Broadway in the Ri and P Districts. APPROVED. Coun- cilman Ward registered a NO vote; Mayor Evans abstained from voting because of his affiliation with First American Title Company. (Agenda Item S F) VA 78-15 Filed by Mesa Pacific/Mohler Development, Inc. to construct a 33-unit condominium which extends into the Ri District and to waive a portion of the required front setback in the P District at 2200 N. Broadway in the Ri and P Districts. APPROVED. Coun- cilman Ward voted NO; Mayor Evans abstained because of his affiliation with First American Title Company. (Agenda Item 5 G) DEEDS WITH CASH Approved the following deed GRANTEE CITY and authorized Mayor to sign all necessary documents in connection with the purchase: FOSTER AND KLEISER COMPANY - North side of Seven- teenth Street east of English. (Removal of bill- board) CA 155 DEEDS, NO CASH GRANTOR CITY Authorized execution of the following deeds by Mayor and Clerk: VARIOUS OWNERS OF RECORD - North of Fairhaven west of Tustin to relinquish S.A.V,I. easement. SOUTHERN CALIFORNIA EDISON COMPANY - East side of Sherry Lane south of Fruit, utility easement. CA 155 TENTATIVE PARCEL & TRACT MAPS' in Planning Director's for TENTATIVE PARCELS TRACT 10170: Approved and filed the Nega- tions; approved the following subject to conditions contained reports; waived alley requirements 1048, 1055, 1058, 1060 and TENTATIVE PARCEL MAP 1048 - Filed on January 24, 1978 by Delta Bu%lding Corporation creating one R1-PRD and one Ri parcels; proposed parcels to be used for residential purposes; generally located on the north side of McFadden Avenue, 260 feet west of Euclid Street. PARCEL MAP 1053 Filed on March 22, 1978 by Mohler Development, Incorporated, creating one parcel, the proposed parcel is to be used for residential condominium purposes; generally located 165' south of Santa Clara on the west side of Broadway. Mayor Evans abstained from voting because of his affiliation with First American Title Co. (Agenda Item 7 B). PARCEL MAP 1055 Filed on April 17, 1978 by the Buc- cola Company creating four parcels; all proposed par- cels to be used for residential purposes; generally located on the southwest corner of 1Sth Street and Grand Avenue. CITY COUNCIL MINUTES 201 JUNE S, 1978 CONSENT CALENDA~STAFF RECOMMENDATIONS APPROVED - Continued PARCEL MAP 1058 - Filed on April 20, 1978 by Trammel Crow Company~creFting 34 parcels; all proposed par- cels to be used for industrial purposes; generally located on th? northwest corner of Harbor Boulevard and MacArthur Boulevard. Councilman Ward registered a NO vote. (Agenda Item ? D) PARCEL MAP 1060 - Filed on.;April 24, 1978 by Paulson- ' Nyman Engineering, Inc., creating two parcels; both proposed'~parcels to be used for industrial purposes; generally located on the northwest corner of Fourth and Santa Fe Streets. CA 25 TRACT MAP 10170 , Filed on January 24, 1978 by Delta Building COrporation, creating five R1-PRD lots; all proposed lots to be used for residential purposes; generally-loCated on the north side of McFadden Ave- nue, 260 feet west of Euclid Street. CA 25 FINAL TP~CT MAP Approved the following: FINAL TRACT MAP 1016~"- Northwest corner of Bristol Street and Garry Avenue; one lot. CA 24 AGREEMENTS Approved the following and authorized their execution by Mayor and Clerk: HIGHWAY PROJECT ADMINISTRATION - BUFFALO AVENUE ON RAMP PROJECT 1389 -Between City and County of Orange to allow the use of County funds budgeted for Arterial Highway Financing Project #876 to,begin right-of'way acquisition by the State. A-78-55 ENGINEERING DESIGN SERVICES - Between City and Berry- man and Stephenson, Inc. for the design of the 'UF2 Storm Drain in Grand Avenue and Lyon Street between Warner Avenue and Wilshire Avenue. - A-78-56 BUILDING ENCROACHMENT LICENSE - Between City and Gerald R. and Angela Shrawder to allow a building encroachment into future street right-of-way at S02S West First Street to be removed when First Street is widened. .- A-78-57 BILLBOARD PURCHASE AND REMOVAL - Between City'and Foster and Kleiser Outdoor Advertising Company for the removal of a billboard in the right-of-way for the Seventeenth Street widening between King St£eet and College Avenue. A-78-58 CA 1SS TEMPORARY WATER SERVICE - Between City and Costa Mesa County Water District to extend for two years temporary water service to the Sakioka Farms. A-78-59 LIABILITY CLAIMS COUNCIL REFERRAL SUMMARY Referred to Administration claims received from May 9 through May 26, 1978. CA 6S~?B. ' Received and filed status report of matters referred -to Staff by Council. . .~CA 80.2. CONSENT CALENDAR FINIS ~ * ~ ~ * ~ ~ * CITY COUNCIL MINUTES 202 ~ JUNE 5, 1978 VARIANCE 78-21 The Negative Declaration 1700 EAST GARRY AVENUE and VA 78-21, filed by SET FOR PUBLIC HEARING JUNE 19 Judy June Susak to allow retail sales of beer and wine in an existing restaurant (sandwich shop) at 1700 East Garry Avenue in the LM District (APPROVED) were set for public hearing on June 19, 1978, on the unanimously approved 7:0 motion of Councilman Ward, seconded by Councilman Brandt. (Agenda Item 5 A) CA 13 CONDITIONAL USE PERMIT 78-9 The Negative Declaration 2760 S. HARBOR and CUP 78-9, filed by SET FOR PUBLIC HEARING JUNE 19 Crown Floor Covering, Igc. to allow retail sales of linoleum, carpet and drapery material at 2760 South Harbor Boulevard, Units D and E, in the MI District (APPROVED), were set for public hearing on June 19, 1978, on the motion of Councilman Ward, seconded by Councilman Garthe, and carried 6:1, with Councilman Ortiz dissenting. (Agenda Item 5 D) CA 13.1 AGREEMENT - PROJECT 8501B The following agreement JENNINGS-HALDERMAN-HOOD was continued to June 19, CONTINUED TO JUNE 19 1978, on the unanimously approved 7:0 motion of Councilman Brandt, seconded by Councilman Garthe: SURVEYING SERVICES (PROJECT 8501B) Between City and Jennings.Halderman-Hood, Inc. to provide the necessary survey information for the design of a perimeter road at the Fashion Square Parking Struc- ture. (Agenda Item 12 B) 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-1426 AN ORDINANCE OF THE CITY CONDUCTING OF PARADES OF SANTA ANA AMENDING ADOPTED THE SANTA ANA MUNICIPAL CODE SECTIONS 10-7 THROUGH 10-10 AND ADDING SECTIONS 1O-ll THROUGH 10-19 REGULATING THE CONDUCTING OF PARADES was placed on second reading and adopted by unanimous 7:0 vote, on the motion of Councilman Ward, seconRed by Councilman Brandt. CA 45.1 ORDINANCE NO. NS-1416 AN ORDINANCE OF THE CITY ELECTRICAL CODE OF SANTA ANA AMENDING FIRST RBADING SECTION 8-1 OF THE SANTA ANA MUNICIPAL CODE, PER- TAINING TO THE APPLICATION AND SCOPE OF CHAPTER 8 THEREOF, AND AMENDING ARTICLE V OF SAID CHAPTER 8 TO ADOPT THE NATIONAL ELECTRICAL CODE, 1975 EDITION, WITH AMENDMENTS AND ADDITIONAL REQUIREMENTS was placed on first reading, on the unanimously carried motion ?:0 of Councilman Ward, seconded by Councilman Brandt. Councilman Brandt's motion, seconded by Councilman Garthe, to instruct the City Attorney to prepare an ordinance amending Article V of Chapter 8 of the Municipal Code to adopt the CITY COUNCIL MINUTES 203 JUNE 5, 1978 National Electrical Code, 197S Edition, with the 56 amendments previously approved by the City Council on May 15, 1978, and the 11 additional amendments recommended by Staff in the report prepared by Fire Chief B. J. Thompson, dated May 24, 1978, carried S:2, with Councilmen Ward and Bricken dissenting. CA 87 J. Ogden Markel, 1814 South Parton, stated that he did not feel the amendments proposed to the 1975 Edition of the National Electrical Code were necessary. RESOLUTION NO. 78-58 A RESOLUTION OF THE CITY BUILDING CODE FEES COUNCIL OF THE CITY OF ADOPTED SANTA ANA ESTABLISHING AND REGULATING FEES AND CHARGES FOR THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE (BUILDING CODE FEES) was adopted by a 6:1 vote, with Mayor Evans dissenting, on the motion of Councilman Garthe, seconded by Councilman Brandt. CA 87; CA 65 RESOLUTION NO. 78-62 A RESOLUTION OF THE CITY EXPLOSIVE REGULATIONS COUNCIL OF THE CITY OF ADOPTED SANTA ANA, DESIGNATING THE FIRE CHIEF AS THE "ISSUING AUTHORITY" FOR EXPLOSIVE REGULATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 12007 was adopted on the unani- mously carried 7:0 motion of Councilman Ward, seconded by Coun- cilman Brandt. CA 64 RESOLUTIONS 78-65, 78-64, 78-65 SAFER OFF-SYSTEM ROADS PROGRAM ADOPTED by Councilman Brandt: The following resolutions were adopted unanimously 7:0 on the motion of Coun- cilman Garthe, seconded RESOLUTION NO. 78-63 - A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF SANTA ANA, APPROVING THE ORANGE COUNTY SAFER OFF-SYSTEM ROADS PROGRAM AND THE METHOD OF DISTRIBUTION OF FUNDS. RESOLUTION NO. ?8-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, REQUESTING THE COUNTY OF ORANGE TQ ALLOCATE SAFER OFF-SYSTEM ROADS PROGRAM FUNDS FOR THE 1976-77 FISCAL YEAR. RESOLUTION NO. 78-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE COUNTY OF ORANGE TO ALLOCATE SAFER OFF-SYSTEM ROADS PROGRAM FUNDS FOR THE 1977-78 FISCAL YEAR. CA 29.13 RESOLUTION NO. 78-70 A RESOLUTION OF THE CITY CALTRANS DISTRICT'7 EXPENDITURES COUNCIL OF THE CITY OF ADOPTED SANTA ANA APPROVING A . RESOLUTION OF THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES URGING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, THB CALIFORNIA TRANS- PORTATION COMMISSION, THE STATE LEGISLATURE, AND THE GOVERNOR TO TAKE ALL MEASURES TO INSURE THE EXPENDITURES REQUIRED BY STATE LAW FOR CALTRANS DISTRICT 7 was adopted on the motion of Councilman Brandt, seconded by Councilman Ward, and carried 6:1, with Councilman Bricken dissenting. CA 148.1; CA 113.5 CITY COUNCIL MINUTES 20zl JUNE $, 1978 INTER-COUNTY AIRPORT AUTHORITY A letter dated April 18, QUARTERLY FINANCIAL REPORT 1978 from James J. Anton- PILED iono, Treasurer, transmit- ting the Financial Report for the quarter ended March 31, 1978 for the Inter-County Air- port Authority, was received and filed, on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Brandt. CA98.2 SCHOOL DISTRICT RESPONSIBILITY On the motion of Council- FOR CROSSING GUARDS man Ward, seconded by REQUEST FILED Councilman Brandt, carried 7:0 unanimously, the letter dated May 11, 1978 from Francis G~ Fry, Jr., Mayor of the City of Westminster, transmitting and requesting endorsement of a resolution urging State legislation to place responsibility for crossing guards with school LIMITING.REQUIREMENTS FOR PUBLICATION OF ORDINANCES REQUEST SUPPORTED districts, was received and filed. CA 18.5 On the motion of Council- man Ward, seconded by Councilman Yamamoto, carried 7:0 unanimously, Council supported the City of Westminster resolution requesting State legislation limitiflg requirements for legal publication of ordinances, in response to a letter dated May 11, 1978 from Francis G. Fry, Jr., Mayor of Westminster. CA 57 SANTIAGO PARK DEVELOPMENT The schedule of proposed STATUS REPORT development for upgrading REFERRED TO STAFF of Santiago Park submitted in a report dated May 8, 1978 by Ron Ono, Landscape Technician, was referred back to Staff for some component that would allow the City to seek professional advice beyond that which has already been used, on the motion of Councilman Bricken, seconded by Councilman Ward, and carried 6:1, with Mayor Evans dissenting. CA 52 POLICY FOR EMPLOYMENT A proposed policy to be used OF CONSULTANTS by Staff for the employment FILED of architects, engineers, or other professionals for assistance to the City on various projects, outlined by Director of Public Works John Stevens in his report dated May 8, 1978, was received and filed on the unanimously carried 7:0 motion of Coun- cilman Bricken, seconded by Councilman Ward. CA 80.6 The report states that 75% of the firms employed by the City for Public Works projects have been Santa Aha firms; and, that only one consultant was employed from outside Orange County because of special expertise that was required. Of the seven firms employed for architectural services during the past few years, two were from outside Santa Aha, but within Orange County. CA 80.6 CHILD CARE PROGRAM The City Manager was CETA PARTICIPANTS GRANT authorized to submit a APPLICATION AUTHORIZED grant application in the amount of $165,000 to the California State Department of Education, Child Development Unit (to subsequently be subcontracted to Santa Ana Unified School District for operation) on the motion of Councilman Ward, seconded by Councilman Garthe, carried 6:0, with Councilman Brandt abstaining because he is a member of the County School Board which is responsible for the ROP Program in the various County School Districts, The report dated May 25, 1978 prepared by Manpower Project Coordinator Keith E. Blunt, stated that a major reason CETA trainees drop out of their first unsubsidized job after completion of training is lack of adequate child care arrangements, and that job retention can be substantially en- hanced by the creation of temporary free child care facilities for CETA participants. CA 131.11 CITY COUNCIL MINUTES 205 JUNE 5, 1978 CETA TITLE VI PROJECTS The analysis of the pro- OPERATED BY NON-PROFIT AGENCIES jects operated by 23 STATUS REPORT FILED non-profit agencies with funds provided through CETA Title VI, prepared May 25, 1978 and submitted to Council by Manpower Project Coordinator Keith E. Blunt, was received and filed on the unanimously carried ?:0 motion of Councilman Garthe, seconded by Councilman Brandt. The report is extensive and detailed, and addresses "Statement of Purpose", "Analysis", "Program Accomplishments" and "Staff Analysis" for each of the 23 non-profit operated projects. The conclusion is that 22 of the projects have been fairly successful and are recommended for continued funding. The Samoan project operated by the Institute of Emergent Nationalisms Determinancy, Inc. is not recommended for funding after June 50, 1978. CA 131.11 BUS SHELTER PROGRAM In accordance with the REQUEST FOR PROPOSALS the recommendation made STAFF AUTHORIZED by Transportation and Traffic Engineer Joe E. Foust in his report dated May 24, 1978, on the motion of Coun- cilman Ward, seconded by Councilman Brandt, carried 4:5, with Councilmen Garthe, Ortiz and Bricken dissenting, Staff was author- ized to solicit proposals from private firms to supply bus shelters in exchange for advertising privileges. Mr. Foust's report states that CALTRANS research indicates that bus patronage declines significantly during periods of inclement weather and that the existence of bus shelters does not promote additional patronage; he added that advertising revenue to the City could amount to $$0-$100 per month per shelter. The report includes a map showing the proposed 22 locations. CA 84 CIVIC CENTER GRAPHICS Following a presentation PROPOSED PROGRAM & FUNDING made by Director of Public APPROVBD Works John E. Stevens in which he described the proposed program and displayed samples of the directory sign design and the metal numerals to be used on the buildings, on the motion of Councilman Garthe, seconded by Councilman Bricken, carried 6:1, with Mayor Evans dissenting, the Civic Center Graphics program, jointly developed by the City of Santa Ana and the County of Orange, was approved; and the use of $60,000 from the Civic Center Parking Maintenance Fund (Fund 2661) to defray the cost of the Graphics program was also approved. Mr. Stevens stated that the program includes nineteen Civic Center directories, thirty-three 18" metal building numerals, and four site signs, located at major pedestrian and vehicular access points. CA 77.17 BRISTOL STREET WIDENING In response to a letter WASHINGTON STREET WIDENING dated April 6, 1978 from SAC AGREEMENT NEGOTIATION AUTHORIZED Rodolfo Montejano, Presi- dent of the Rancho Santiago Community College District, and after consideration of a report dated May 26, 1978 prepared by Director of Public Works John Stevens, the St.aff was authorized to negotiate an agreement with Santa Aha College for the requested street improvement of Bristol Street and Washington Avenue, the City to be responsible for the cost and administration in exchange for the dedication of all necessary right of way by the College District, on the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Bricken. CITY COUNCIL MINUTES 206 JUNE 5, 1978 Mr. Stevens stated in his report that the total cost to the City of the improvements under an agreement with the Rancho Santiago Community College District proposed for Council approval, is estimated at $109,900 and could be appropriated from the Gas Tax Contingency Account without severely impairing the City's Broadway Overcrossing Project scheduled for 1980-81. CA 29.8 VA 77-76 - APPEAL #386 The Negative Declaration 1432 E. 17TH STREET was approved and filed, APPROVED and the City Attorney was directed to prepare a resolution granting Appeal #386 approving Variance Application 77-76 to allow a professional office in an existing residence at 1432 East Seventeenth Street in the RI District, subject to a two-year review, on the motion of Councilman Ortiz, seconded by Councilman Brandt, carried 4:3, with Councilmen Ward, Yama- moto and Bricken dissenting. The public hearing held May 15, 1978 was followed by motions to grant and to deny the Appeal, both failing to carry on a 3:3 vote. The matter was continued to June 5, 1978 to allow the absent Councilman (Councilman Ortiz) to listen to the tape recording of the hearing and to prepare to vote on the matter. CA 13.3 ANNUAL BUDGET The City's proposed FISCAL YEAR 1978-79 Annual Budget for the SET FOR PUBLIC HEARING JULY 17 fiscal year 1978-79 was presented to the Council by City Manager Bruce C. Spragg in accordance with City Charter Section 605 for consideration, and a public hearing for adoption of the City's Budget was set for July 17, 1978 at 7:30 P.M., on the motion of Councilman Bricken, seconded by Councilman Ortiz, carried 7:0 unanimously. CA 65B GENERAL REVENUE SHARING BUDGET A public hearing to con- FISCAL YEAR 1978-79 sider the proposed Gen- SET FOR PUBLIC HEARING JULY 17 eral Revenue Sharing Budget for 1978-79 was set for July 17, 1978 at 7:30 P.M., on the motion of Councilman Brandt, seconded by Councilman Yamamoto and carried 7:0 unani- mously. The report dated May 26, 1978 prepared by Dennis Yata, Management Analyst, states that the City estimates its alloca- tion at $2,700,000 for the period July 1, 1978 through June 30, 1979. CA l12A CA 65B CROSS-TOWN TRANSIT WAY STUDY After review of the PROPOSAL FOR JOINT FUNDING report dated May 30, 1978, AUTHORIZED and on the recommendation of Transportation and Traffic Engineer Joe E. Foust, the Staff was authorized to sub- mit a proposal to the Orange County Transportation Commission for their joint funding with the Orange County Transit District of a Cross-Town Transit Way Study in the City of Santa Ana, on the motion of Councilman Ward, seconded by Councilman Bricken, carried 6:0 unanimously. Councilman Brandt abstained from voting on this matter because he is a member of the Board of Directors of the Orange County Transportation Commission. Mr. Foust estimated that the study will cost $60,000 and require eight months to complete; he stated that the City will offer Staff assistance on the project to demonstrate the City's in- terest and commitment in development of "Starter Line" in Orange County. CA 84.9 CITY COUNCIL MINUTES 2 07 JUNE $, 1978 RECESS Council members present. At 3:10 P.M. the Mayor recessed the meeting an& it was reconvened at 3:20 P.M. with all ASSESSMENT DISTRICT NO. 242 Following the presenta- LA BONITA/ROSITA - RES'. #78-66, tion by Director of Pub- 78-67, 78-68, 78-69 - ADOPTED lic Works John Stevens to the City Council of the plans, specifications, cost estimate and proposed boundary map for Assessment District No. 242 (La Bonita/Rosita, bounded by Westminster Avenue, Progresso Street, Euclid Avenue and La Bonita for the La Bonita portion; and by Hazard Avenue, Fifth Street, Euclid Avenue and Rosita Street for the Rosita portion) the following resolutions were adopted on the unanimously carried 7:0 motion of Councilman Yamamoto, seconded by Council- man Brandt: RESOLUTION NO. 78-66 - A RESOLUTION OF THE CITY COUNCIL DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS - CITY OF SANTA ANA ( ASSESSMENT DISTRICT NO. 242). RESOLUTION NO. 78-67 - A RESOLUTION OF THE CITY COUNCIL ADOPTING PLANS, SPECIFICATIONS, COST ESTIMATE, AND MAP OF AN ASSESSMENT DISTRICT - CITY OF SANTA ANA (ASSESSMENT DISTRICT NO. 242). RESOLUTION NO. 78-68 - A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CER- TAIN PUBLIC IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH, IN AN ASSESSMENT DISTRICT; DECLARING THE WORK OR IMPROVEMENTS TO BE OF MORE THAN ORDINARY OR LOCAL PUBLIC BENEFIT, DESCRIBING THE DIS- TRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT SAID COSTS AND EXPENSES; FIXING A TIME AND PLACE OF HEARING OBJECTIONS TO SAID WORK AND IMPROVEMENTS OR TO THE EXTENT OF THE DISTRICT, OR TO THE PROPOSED GRADES, AND GIVING NOTICE THEREOF - CITY OF SANTA ANA (ASSESSMENT DISTRICT NO. 242). RESOLUTION NO. 78-69 A RESOLUTION OF THE CITY COUNCIL DIRECTING THE CITY CLERK TO POST AND PUBLISH THE NOTICE INVITING BIDS FOR PUBLIC IMPROVEMENT CONSTRUCTION WORK AND DECLARING THAT THE PROPOSALS ARE TO BE OPENED AT A PUBLIC MEETING AND REPORTED TO THE LEGISLATIVE BODY AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL AND APPROVING CONDI- TIONS OF BID - CITY OF SANTA ANA (ASSESSMENT DISTRICT NO. 242). CA 90 Director of Public Works John Stevens orally summarized a report dated May 25, 1978 prepared by Senior Civil Engineer John Burk, stating that 64.8% of the property owners signed the petition to initiate the Assessment District; that this is the third assessment district whereby one-half the funding is from Com- munity Development funds and half is to be paid by the property owners; that the proposed Assessment District consists of two areas, La Bonita and Rosita; that the assessment to property owners averages $1,050 and can be paid in cash or over 10 years; that the estimated construction cost is $250,000; and that the protest hearing and award of contract is scheduled for July 17, 1978 at 7:30 P.M., with an estimated completion date of Febru- ary 27, 1979. CITY COUNCIL MINUTES 208 JUNE 5, 1978 ZOO COMMISSION EEASIBILITY Prior to any Council REFERRED TO BOARD ~ "FRIENDS" action, the report dated REFERRAL #11~78 DELETED May 25, 1978 prepared by Recreation and Parks Director Robert Gresham recommending the establishment of a Zoo Commission, was referred to the Board of Recreation and Parks and to the Eriends of the Children's Zoo for review and recom- mendation, on the unanimously carried 7:0 motion of Councilman Yamamoto, seconded by Councilman Garthe, and Council Referral Item No~ 11~78 was deleted from the Summary by the same motion. Mr. Gresham's May 25 report recommends that an ordinance be prepared to establish a Zoo Commission~ and that a non-profit foundation be established. CA 52.3 GARDEN GROVE WATER SYSTEM PURCHASE AGREEMENT APPROVED A.A. #?8 & ?9 APPROVED RESOLUTION NO.--7-~-2'~%-?1 ADOPTED lowing action was taken: On the motion of Council- man Ward, seconded by Councilman Yamamoto, carried 6:1, with Mayor Evans dissenting, the fol- 1) Approved the agreement for purchase of that portion of the Garden Grove Water System within the City of Santa Ana for the sum of $646,000 and authorized its execu- tion by the Mayor and Clerk; A-78-60 z) Approved Appropriation Adjustment No~. 78 and 79 trans- ferring $25,000 from Public Works Department Water Produc- tion and Supply and $76,550 from Council Contingency to encumber the full amount of the purchase price; CA 65.5 5) Adopted the following resolution providing for a cost sharing surcharge to be paid by residents of the area: RESOLUTION NO~, 78-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 77-?9 TO FIX A SURCHARGE UPON WATER RATES AND STANDBY SERVICE CHARGES IN A CERTAIN AREA OF THE CITY OF SANTA ANA. CA 12.2 The agreement provides that within one year the present bond- holders must give their consent to the sale and that the full purchase price be paid within ninety days of their signature; that upon approval by both City Councils, the present surcharge imposed by the City of Garden Grove on Santa Ana customers will be lifted. DOWNTOWN BUILDING SAFETY & Councilman Brandt's motion CLEANUP - STATUS REPORT seconded by Councilman CONTINUED TO JULY 11 Ortiz, to authorize the formation of a special "Public Safety Task Force" to move forward toward the redevelop- ment of the downtown area, was withdrawn in favor of the sub- stitute motion made by Councilman Ward, seconded by Councilman Brandt, carried 6:1, with Councilman Bricken dissenting, to continue consideration of this matter to July 11, 1978. CA 87 APPROPRIATION ADJUSTMENT NO. 174 Appropriation Adjustment ELECTION BUDGET No. 174 transferring APPROVED $9,000 from Clerk's Administrative Communications and $1,000 from Clerk's Administrative Other Contractual Services to Clerk's Election accounts Personal Services and Other Agency Services to fund the additional $10,000 needed for the election held on June 6, 1978, was approved, on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Yamamoto. CITY COUNCIL MINUTES 209 JUNE S, 1978 The report dated May 24, 1978 prepared by Clerk of the Council Florence I. Malone stated that $11,850 of unforeseen expenses had been incurred for the June 6, 1978 election. CA 65.3 CA 68 ORAL COMMUNICATION - ANNUAL REPORT On the request of Com- MEDICAL SERVICES COMMITTEE mittee member, Steven EXTENSION GRANTED Knoblock, the Emergency Medical Services Committee was given an extension of time, to the first Council meeting in July, to prepare and submit its Annual Report~. The Committee had been requested to prepare by June 50, 1978 an annual review and analysis of the cost effectiven~ess of the various para- .medic service delivered modes operating in the City. The motion to approve the request was made by Councilman Bricken, seconded by Conncilman Brandt, and carried unanimously 7:0. CA 64.4 ORAL COMMUNICATION After a short discussion FIRST COUNCIL MEETING IN JULY :of calendars and commit- SET FOR JULY 11 merits, on the unanimously approved 7:0 motion of Councilman Bricken, seconded by Councilman Ward, the first Council meeting of July was s~t for Tuesday, July 11, 1978 at 2:00 P.M. CA 80 ORAL COMMUNICATION CITY MANAGER REVIEW SET FOR JUNE 21 scheduled for June 21, 1978 at The Mayor announced that the Quarterly Review of the performance of the City Manager had been 5:30 P.M. CA 79 ORAL COMMUNICATION Councilman Bricken stated TRAFFIC PLAN that he was still receiv- SANTIAGO PARK AREA lng telephone calls regard- ing the traffic plan established on Santiago and Memory Lane, and he suggested that public meetings be held to further discuss the situation. Transportation and Traffic Engineer Joe Foust stated that he had prepared a questionnaire to be distributed to residents of the area and that in approximately two weeks a meeting would be scheduled to discuss it. CA 18.9 CA 78.11 ORAL COMMUNICATION Councilman Brandt moved COUNTY LEAGUE RESOLUTION and Councilman Ward DELEGATE INSTRUCTED seconded the motion, carried unanimously 7:0, to instruct Councilman Brandt to support the resolution of the Orange County Division League of California Cities urging the California Department of Transportation, the California Transporta- tion Commission, the State Legislature, and:the Governor to take all measures to insure the expenditures required by State Law for CALTRANS District ?, even if the League does not support the amendment added by the City o£ Santa Ana referring to adjust- ments for inflation.~ CA 148.1; CA 113.5 ORAL COMMUNICATION On the request of City MOTORCYCLE RACES IN STADIUM Manager Bruce Spragg, APPROVED Council gave its informal unanimous approval to continue motorcycle races in the Municipal Stadium on Saturday evenings:. Mr. Spragg had announced that the first race held last Saturday had attracted 1,180, 6?4 of whom paid for tickets, and he wished to have Council concurrence to continue to schedule the event. CA 52.8 CITY COUNCIL MINUTES 2i0 JUNE 5, 1978 ORAL COMMUNICATION City Manager Bruce Spragg RENEWAL OF CONTRACT WITH announced that meetings TRASH CONTRACTOR with the trash contractor had been held and that a draft of the contract renewal would be ready for Council review in the near future. A-1963 ORAL COMMUNICATION City Manager Bruce Spragg HOSPITAL HEALTH AUTHORITY announced that he had held TRIP TO WASHINGTON PLANNED meetings with citizens that have proposed a City Hospital-Health Authority; he stated that they plan to travel to Washington to meet with the Secretary of Health, Education and Welfare Califano with regard to their plans. CA 64.10 ORAL COMMUNICATION City Manager Spragg CONGRESS OF CITIES announced that the CHANGE OF MEETING PLACE meeting place for the June 8, 1978 meeting of the Orange County League to discuss the formation of a COG (Congress of Governments) had been moved from the City Hall to the Anaheim Press Club, and that the meeting would start at 5:50 P.M., June 8, to be followed by the regular meeting of the League~. CA 148.1 RECESS At 3:44 P.M. the Mayor EXECUTIVE SESSION recessed the meeting; at 3:49 P.M. it was reconvened and immediately recessed for an Executive Session to consider legal and per- sonnel matters; the meeting was reconvened at 4:00 P.M. and immediately recessed for dinner. The meeting reconvened at 7:30 P.M. with Councilman Brandt absent. INVOCATION PLEDGE OF ALLEGIANCE Church of Christian Living. Following the Pledge of to the Flag, the Invoca- tion was given by Rever- end Bill Warsh of the CA 80.17 PUBLIC HEARING BUILDING SECURITY ORDINANCE ORDINANCE NO. NS-1424 ADOPTED BUILDING SECURITY INSPECT--~ - CONTINUED Mayor Evans announced that this was the time and place for the public hearing of the proposed Building Security Ordin- Police Chief Raymond C. Davis stated that the proposed ordinance is the culmination of several years of study throughout the nation; that an integral part of the Community Oriented Policing Program is to bring an awareness to citizens of the precautions that are necessary, such as upgrading their locks; that the ordinance requires builders of new structures, or people doing major remodeling of existing buildings, to install security devices; that the proposed ordinance is based on a model recom- mended by the California State Crime Prevention Commission, but provides more flexibility; that the builder's installation cost for the average four-bedroom dwelling unit would be $82 compared to a range of $205 to $512 for homeowner installation after construction; and that several cities have this ordinance while others are moving toward it to make buildings more resis- tant to crime. CITY COUNCIL MINUTES 211 JUNE 5, 1978 There being no speakers from the audience on this subject, Mayor Evans closed the public hearing. On the unanimously carried 6:0 motion of Councilman Garthe, seconded by Councilman Ward, the following ordinance was placed on second reading and adopted: 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. CA 87; CA 47 The companion item on the Agenda, a memorandum dated May 3, 1978 from Gale Grant, Acting Director of Building Safety to the Assistant City Manager entitled "Justification for Position of Building Security Inspector" was continued to June 19, 1978 on the motion of Councilman Yamamoto, seconded by Councilman Garthe, and carried 5:1, with Mayor Evans dissenting. CA 50.1 PUBLIC HEARING - APPEAL #389 Mayor Evans announced VA 78~16 - 4702 W. 1ST STREET that this was the time APPEAL DENIED and place for the public hearing of Negative Declaration and Appeal #389 of the denial of Variance Applica- tion 78-16 to allow the construction of a single family resi- dence and a triplex at 4702 West First Street in the C5 Dis- trict. Planning Dimector Charles Zimmerman stated that there are no special circumstances applicable to the site which would not allow it to be developed for C5 usage; that the granting of the Variaace is not necessary for the preservation and enjoyment of any of the property rights,; because the property may be developed with a permitted C5 use; that there are 12,600 square feet which does not make it undevelopable for a commercial use; and that the General Plan does show a special study corridor rezone in August 1972 in an effort to get that corridor in line with the commercial corridor in the General Plan. Staff and the Planning Commission unanimously recommended denial of the Var- iance and the Appeal. John Farkas, P.N.P.E. United Corporation, and C. M. Thompson, 625 West Katella, Orange, spoke in favor of the Variance and stated that there are other residential uses in the neighbor- hood~ as well as a small grocery store; that the property has been vacant for ten years; that it is economically unfeasible for the commercial uses allowabl-e due to size and configura- tion of the lot, except for development of a real estate office or a hot dog stand,; that the property has remained undeveloped as C5; and that there is a need for iow income housing. R. J. Dundas, 4806 West First, and Joseph Stegner, 4728 West First, spoke in opposition to the Variance, stating that across the street there is a lawn mower shop and an auto repair shop; that there is a flood light place, a church, a plant and flower shop and on the corner a liquor store; and that they both op- posed residential use of the property. After a short rebuttal by Mr.. Farkas, in which he argued that the use would be compatible; that C2 and C5 zoning had precluded development of the property, although it had been considered by a number of people; and that ingress and egress to the property would be from Andres Place; the public hearing was closed by the Mayor. On the motion of Councilman Yamamoto, seconded by Mayor Evans, carried 4:2, with Councilmen Ward and Garthe dissenting, the CITY COUNCIL MINUTES 2 12 JUNE 5, 1978 City Attorney was directed to prepare a resolution denying Appeal #589, denying Variance Application 78-16, and affirming the decision of the Planning Commission.. CA 15.5 PUBLIC HEARING - APPEAL #390 On the motion of Council- VA 78-22 - 2231 N. GRAND AVE. man Yamamoto, seconded by CONTINUED Councilman Ortiz, carried 6:0 unanimously, the request of the Applicant for rehearing by the Planning Commission of the Negative Declaration and Appeal #390 of the denial of a portion of Variance Application 78-22 which would have allowed eight tire storage cabinets to remain at the service station at 2231 North Grand Avenue in the RI District was granted. CA 13.3 PUBLIC HEARING - AMENDMENT Mayor Evans announced APPLICATION 789 SANTA CLARA AVE. that this was the time and ORDINANCE NO. NS-1427 - 1ST READING place for the public hearing of Negative Declaration and Amendment Application 789 to rezone property located on the south side of Santa Clara Avenue between Mantle Lane and Ridgewood Street from the A1 (General Agriculture) District to the Rl~Class II (Single Family Residence - Class II) District. Planning Director Charles Zimmerman stated that the City Council has previously approved a subdivision map; that the Planning Commission Public Hearing received no opposition; that the Plan- ning Commission recommendation for approval was unanimous; and that the proposed zone is consistent with zoning to the east, north, and south, and conforms to the General Plan. There being no speakers on the subject, the Mayor closed the public he,ring. On the unanimously carried 6:0 motion of Councilman Garthe, seconded by Councilman Ortiz, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1427 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 789 TO REZONE PRO- PERTY LOCATED AT 1806 EAST SANTA CLARA FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE Ri-CLASS II (SINGLE FAMILY RESIDENCE - CLASS II) DISTRICT AND AMENDING SECTIONAL DIS- TRICT MAP NO. 5-5-9. CA 10 PUBLIC HEARING - AMENDMENT Mayor Evans announced APPLICATION 790 938 N. GRAND that this was the time ORDINANCE NO. NS-1428 1ST READING and place for the public hearing of Negative Declaration and Amendment Application No. 790 to rezone property located on the southwest corner of Santa Ana Boulevard and Grand Avenue from the R2 (Multiple Family Residence) District to the C5 (Arterial Commercial) District. Planning Director Charles Zimmerman stated that the site includes approximately 21,000 square feet; that the location and size of the property make it.unsuitable for residential use as the R2 zone dictates; that the proposed C5 zone would be more compa- tible with not only the surrounding property but also property along the Grand Avenue corridor; that the proposed zone is in conformance with the General Plan and was unanimously recommended for approval by the Planning Commission. CITY COUNCIL MINUTES 213 JUNE S, 1978 Fred Pratt, Coldwell Banker, stated that the presently existing service station has been closed for 1-1/2 to 2 years; that the property fronts on th~ Freeway, and that it seems the best use of the property is to develop it commercially. There being no further speakers, Mayor Evans closed the public hearing. On the motion of Councilman Yamamoto, seconded by Councilman Garthe, carried 5:1, with Councilman Ward dissenting, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1428 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 790 TO REZONE PRO- PERTY LOCATED AT 938 N. GRAND AVENUE FROM THE R2 (MULTIPLE FAMILY RESIDENCE) DISTRICT TO THE CS (ARTERIAL COMMERCIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 7-5-9. CA 10 PUBLIC HEARING - AMENDMENT Mayor Evans announced that APPLICATION 791 - 601 S. NEWHOPE this was the time and ORDINANCE NO. NS-1429 - 1ST READING place for the public hearing of Negative Declaration and Amendment Application No..791 to rezone pro- perty located at the northeast corner of Acapulco Avenue and Newhope Street from the A1 (General Agriculture) District to the R2 (Multiple Family Residence) District. Planning ~irector Charles Zimmerman stated that the proposed zone is in conformance with the General Plan which shows medium density; that a 41-unit apartment complex was approved by the Planning Commission and affirmed by the City. Council on May 1, 1978; and that the subject application for zone change follows through with the intent and purpose of the Variance and brings the property into conformance with the General Plan. There being no speakers, Mayor Evans closed the public hearing. On the unanimously carried 6:0 motion of Councilman Yamamoto, seconded by Councilman Garthe, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1429 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO~ 791 TO REZONE PROPERTY LOCATED AT 601 SOUTH NEWHOPE STREET FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO, THE~ R2~ (MULTIPLE FAMILY RESIDENCE) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO. 10-5-10. CA 10 ORAL COMMUNICATION BOWERS MUSEUM EXPANSION OFFER TO PURCHASE PROPERTY RATIFIED Museum, subject to appraisal Council ratified an offer to purchase the property at 201-201½-203-203½ West 20th Street, for the pro- posed expansion of Bowers of the property by a qualified appraiser prior to the close of escrow, on the unanimously approved 6:0 motion of Councilman Yamamoto, seconde4 by Council- man Garthe, following an oral request by Deputy City Manager Manuel Rede. Mr. Rede stated that Mr. James W. Obrien, President of the Bowers Museum Foundation, as authorized by the City Council at its May 23, 1978 meeting, had submitted the offer to purchase and he described the purchase terms contained in the document dated May 25, 1978, entitled, "Real Estate Purchase Contract and Receipt for Deposit". CA 85 CITY COUNCIL MINUTES 214 JUNE 5, 1978 ORAL COMMUNICATION Helen Lynch, 1915 West COMPLAINT RE MINORITY POLICE McFadden, stated that she OFFICERS - REFERRED TO STAFF would like to have a report regarding the dismissal of four minority Police Service Officers and Police Officers; she expressed the opinion that minority officers are needed because they have the ability to communicate and relate with people of various ethnic origins; and that these officers were victimized by unfair employment practices. On the motion of Councilman Ortiz, seconded by Councilman Bricken, carried 6:0 unanimously, the Staff was requested to prepare a report for presentation to Council on June 19, 1978 concerning former Police Department employees: David J. Howard, George A. Spencer, Santiago Naranjo and Robert Cato. CA 47 ADJOURNMENT At 8:32 P~.M. on the motion of Councilman Garthe, seconded by Councilman Yamamoto, carried 6:0 unanimously, the meeting was adjourned to Monday, June 12, 1978 at 5:00 P.M. in Room 831, City Hall. J:LORENCE I. A~ed.ONE F~RENCE I. ~LO~B CLERK OF THE COUNCIL CITY COUNCIL MINUTES 215 JUNE 5, 1978