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HomeMy WebLinkAbout06-19-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA June 19, 1978 The meeting was called to order at 2:00 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, David L. Brandt, James E. Ward, and Mayor Evans. Also present were the following members of Staff: City Manager Bruce C. Spragg, City Attorney Keith L, Gow, Assistant City Manager Daniel E. Stone, Director of Public Works John E. Stevens, Planning Director Charles C. Zimmerman, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Ortiz. ORAL COMMUNICATION Mayor Evans announced that BUDGET STUDY SESSIONS it will be necessary to DATES & TIMES SET hold several budget study sessions. On the motion of Councilman Garthe, seconded by Councilman Brandt, carried 7:0 unanimously, meetings were set for June 20, 1978 at 5:00 P.M. specifically for review of the Police Department budget; June 21, 1978 from 5:00 to 6:45 P.M.; and June 24, 1978 from 8:00 to 11:00 A.M. CA 65B CONSENT CALENDAR ITEMS REMOVED & DISSENTING VOTES Councilman Yamamoto; Item 7 B was removed Applicant. Removed from the Consent Calendar were Item 12 F by Councilman Bricken; Items 5 A and 5 B by Items 5 D and 12 E by Councilman Brandt. from the Agenda upon the request of the Dissenting votes were registered on Item 4 A by Councilmen Bricken, Yamamoto, and Mayor Evans; on 4 C by Mayor Evans; on Items $ B and S C by Councilman Ward. Councilman Ortiz abstained from voting on Item 4 C because one of the parties is represented by his company; Councilman Bricken abstained on Items 5 E and 12 D because he had advised the parties in preparation of materials and documents submitted to the City as part of the requests for Council action. CONSENT CALENDAR On the unanimously carried STAFF RECO~ENDATIONS 7:0 motion of Councilman APPROVED Garthe, seconded by Coun- cilman Brandt, Council approved the recommendations of Staff on the following Consent Calendar items: MINUTES Approved the Minutes of the Regular Meeting of May 25, 1978. CITY COUNCIL MINUTES ~9 JUNE 19, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BID AWARDS Awarded the following on basis of lowest responsible and responsive bidder: SPEC 78-007 - Signal controller at Bristol and Memory Lane (replacement); awarded to Safetran Traffic Systems, Santa Aha, in the total amount of $2,862.00. SPEC 78-018 - Legal consultant/trainer for Police Para-professional grant program; awarded to Kenneth J. Kukuda, Attorney at Law, Tustin, in the amount of $7,750.00. PROJECT 8145 Replacement of sound system at Santa Ana Municipal Stadium; awarded to L. A. King Company, Long Beach, in the total amount of $20,195.00. PROJECT 8501A - Relocate storm drain at North Main Parking Structure; awarded to Fleming Engineering, Inc., Cerritos, in the total amount of $19,000.00. Authorized the quantity of Instant Recall Message Repeaters to be increased from two to six, and awarded the following on basis of only responsible and responsive bidder: SPEC 78-009 - Six instant recall message repeaters; awarded to Dictaphone Corporation, Santa Ana, in the total amount of $8,872.20. Rejected the bid from Ward LaErance Truck Corporation and the alternate bid from American LaFrance as non-responsive to the specification, and awarded the following on the basis of lowest responsible and responsive bidder: SPEC 78-014 - Triple combination pumper with squirt for Fire Department (replacement); awarded to Crown Coach Corporation, Los Angeles, in the total amount of $154,587.14. Rejected all bids. on the following because they exceeded Engineer's Estimate, which would cause the project cost to to be far in excess of the budgeted amount of $12,000.00, and cancelled the project: PROJECT 2058 - Memory Lane bike trail. Awarded the following annual requirements on basis of lowest responsible and responsive bidder: SPEC 789-111 - Asbestos cement pipe; awarded Sizes Standard 4", 8", 10", 18" and MOA 4", 8" x 3', 10" x 6", 12" x 3" and MEE 10" Allied Pipe & Supply, Inc., Santa Aha, in the estimated annual dollar volume of $75,000.00. Awarded Sizes Standard 6", 12" 14", 16", MOA 6", 8" x 6', 10" x 3', 12" x 6', MEE & MF 4", 6", 8", 12" to T.F.I. Water Works, Inc., Santa Ana, in the estimated annual dollar volume of $75,000.00. CITY COUNCIL MINUTES 230 JUNE 19, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 789-112 - Detector check valves; awarded Sizes 3", 6", 8", in the estimated annual dollar volume of $15,000.00 to Telford Smith Supply Co., South Gate; awarded Sizes 4", 10", 12" in the estimated annual dollar volume of $5,000.,00 to Herse¥-Products, Inc., Dedham, Mass. SPEC 789-118 - Cast iron fittings for AC water pipe; awarded 22-1/2 & 45 degree bends and tees 8", 8 x 12", 6 x 12" in the estimated annual dollar volume of $5,000.00 to H. C. Lawson Co., Los Angeles; awarded 90 degree bends and tees except those awarded above, adapters, caps, reducers, in the estimated annual dollar volume of $8,000.00 to Allied Pipe & Supply, Inc., Santa Ana. SPEC 789-120 - Gate valves; awarded to T. F. I. Waterworks, Inc., Santa Ana, in the estimated annual dollar volume of $17,S00.00. SPEC 789-121 - Butterfly valves; awarded Standard to Marden Susco, Santa Aha, in the estimated annual dollar volume of $3,500.00; awarded 4", Flexible Compression 6", 8", 10", 12" in the estimated annual dollar volume of $3,500.00 to Certain-teed Parkson, Inc., Santa Fe Springs. SPEC 789-122-A & B - Tapping sleeves and tapping gate valves; awarded to Marden Susco, Santa Ana, in the estimated annual dollar volume of $50,000.00. SPEC 789-135 - Fire Hydrants Standard, Commercial & Industrial; awarded to Pacific States Cast Iron Pipe, Los Angeles, in the estimateR annual dollar volume of $35,000.00. SPEC 789-136 - Cold water meters; awarded to Badger Meter Co., Milwaukee, Wis. for sizes 5/8" x 3/4", 3/4" x 1" positive displacement type in the estimated annual dollar volume of $15,00~.00; awarded to Carlon Meter Co., Grand Haven, Mich., sizes 1", 1-1/2", 2" positive displacement type in the estimated annual dollar volume of $15,000.00. SPEC 789-137 - Domestic cold water meters fire service; awarded to Hersey Proeucts, Inc., Los Angeles, in the estimated annual dollar volume $25,000.00. of SPEC 789-138 Cold water meters, compognd type; awarded to Hersey Products, Inc., Los Angeles, in the estimated annual dollar volume of $10,000.00. SPEC 789-231 Asphalt concrete (FOB Jobsite); awarded to Gulf Oil Corp~, Santa Ana, in the estimated annual dollar volume of $245,000.00. SPEC 789-232 Asphaltic emulsion sealer; awarded to Edgington Oil Co~, Inc., Long Beach, in the estimated annual dollar volume of $20,000.00. SPEC 789-233 - Emulsion aggregate slurry sealer; awarded to Flex Paving & Engineering, Tustin, in the estimated annual dollar volume of $89,000.00. CITY COUNCIL MINUTES 2 31 JUNE 19, 1978 CONSENT CALENDAR STAFF RECOF~ENDATIONS APPROVED - Continued SPEC 789-235 - Asphalt concrete (FOB Plant); awarded to Gulf Oil Corp~., Santa Ana, in the estimated annual dollar volume of $13,000.00. SPEC 789-236 Trench paving; awarded to Century Paving Co., Norwalk, in the estimated annual dollar volume of $75,000.00. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed Staff report of the following: MOLLISON, Roy; ADAMS, Robert and Shirley 4414 West Westminster Avenue - Original Type "40" on-sale beer~ Counc£1men Bricken and Yamamoto, and Mayor Evans registered NO. votes. (Agenda Item 4 A) CRAIG, William N. and Marian ~- 1200 MacArthur Blvd. - person-to-person transfer - Type "21" off-sale general. KRISKA, Patric; LINDNER, RicharR A,; and WITTE, Jerry - 2037 South Main Street - person-to- person transfer - Type "41" on-sale beer and wine - (Bona fide public eating place).. Councilman Ortiz abstained from voting; Mayor Evans registered a NO vote. (Agenda Item 4 C) CA 146 VARIANCES, CUP, MINOR EXCEPTION or Zoning~ Administrator on Approved and filed Negative Declarations and Findings of Fact by Planning Commission the following-: VA 78-24 Filed by Pauline M. Goetting to allow expansion of a retail/wb~olesale photo service at 827 South Main Street in the C1 District. APPROVED. VA 78-25 Filed bT George M. Wright to waive a portion of the required front yard setback for a proposed 47-umit condominium project at 2107 N. Broadway in the~ P District. APPROVED. Council- man Ward registered a NO vote~. (Agenda Item 5 C) CA 13 CUP 78-7 Filed by George M. Wright to construct a 47.~unit residential condominium at 2107 North Broadway in the P District. APPROVED.. Councilman Ward registered a NO vote.. (Agenda I~em S B) CA 13.1 EX 78-17 Filed by Stan Weinstein to allow the expansion of an existing restaurant (Benjie's) which has on-sale liquor, within 500 feet of a residential district, at 1828 North Tustin Ave- nue in the C1 District. APPROV-ED. Councilman Bricken abstained from voting. (Agenda Item 5 E) CA 13.2 DEEDS WITH CASH Approved-the following & ESCROW - GRANTEE CITY deeds and authorized the Mayor to sign all neces- sary documents in connection with the purchases: FERNANDEZ, Felipe - South side of Seventeenth Street west of College for street and vehicular access. CITY COUNCIL MINUTES 2 32 JUNE 19, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued LASKOWSKI, George Dean and Lydia A. side of Seventeenth Street at Alona and vehicular access. - South for Street CA 155 TENTATIVE PARCEL & Approved and filed the TRACT MAPS Negative Declarations, approved the following subject to conditions contained in Planning Director's reports, and waived alley requirements for Parcel Maps 1063, 1065, 1066, 1067 and 1068, and Tract Maps 10393 and 10329: PARCEL MAP #1057 - Filed on April 19, 1978 by Algis Ratkelis creating two Ri parcels; both proposed parcels to be used for residen- tial purposes; generally located on the west side of Shelton, 330' south of Highland Street. PARCEL MAP #1062 - Filed on-June 5, 1978 by Tucker and Lashbrook creating six C1 parcels; all proposed parcels to be used for commercial purposes; generally located on the southeast corner of Flower Street and 17th Street. PARCEL MAP #1063 ~ Filed on May 19, 1978 by Hopkins Development Company, creating five C1, Ri and R2 parcels; all proposed parcels to be used for commercial purposes; generally located on the southwest corner of Seventeenth Street and Grand Avenue. PARCEL MAP #1064 Filed on May 12, 1978 by Algis Ratkelis creating four R3 parcels; all proposed parcels to be used for residential purposes; located generally on the south side of Highland Street, 200' west of Shelton Street. PARCEL MAP #1065 Piled on May 23, 1978 by Mrs~ R. P. Shea, creating two LM parcels; both proposed parcels to be used for industrial pur- poses; generally located on the southwest corner of Warner and Pullman. PARCEL MAP #1066 - Filed on May 25, 1978 by Robinson Development Company, creating six C2 parcels; all proposed parcels to be used for commercial purposes; generally located on the northwest corner of Warner and Bristol. PARCEL MAP #1067 Filed on May 25, 1978 by the City of Santa Ana, creating three RI parcels; all proposed parcels to be used for residential purposes; generally located on the northwest corner of Plower and Glenwood Place. PARCEL MAP #1068 Filed on May 26, 1978 by Egon Gardner, creating two C5 parcels; both proposed parcels to be used for commercial purposes; generally located on the north side of Seventeenth Street, 367' east of Wright Street. CA 25 TRACT MAP #10393 Filed on May 12, 1978 by Walter H. Leimert, Jr.. creating thirteen lots; all proposed lots to be used for commercial CITY COUNCIL MINUTES 233 JUNE 19, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued purposes.; ,generally located on the of First Street approximately 240' Ana Freeway. south side east of Santa TRACT MAP #10329 Filed on March 28, 1978 by .George M. Wright, Jr. and Pomona Service Company, creating one P lot; the proposed lot is to be used for residential condominium purposes; generally located on the east side of Broadway 260' south- erly of Buf£alo Avenue. CA 24 FINAL PARCEL MAPS Approved the following maps. and accepted the dedications thereon: PARCEL MAP #1045 - Northeast corner of Pullman Street and Garry Avenue; 22 lots. PARCEL MAP. #1081 ~ Southeast corner of MacArthur Boulevard and Susan Street; 3 lots. CA 25.2 CHANGE ORDERS Approved the following: PROJECT 7030 - Northeast Reservoir and Pumping Station- £hange Order #2 adding $1,608 to the total cost of $1,,417,648 for six changes, two of which result in credits. PROJECT 8505 Construct Newhope Branch Library - Change Order #9, increasing the cost by $277.64 for a new connection in the 12" sewer main as required by Sanitation Dist,rict. CA 89 AGREEMENTS Continued consideration of the following agreement to July 11, 1978: SURVEYING SERVICES (PROJECT 8501B) ~ Between City and Jennings-Halderman-Hood, Incorporated, to provide the necessary survey information for the design of a perimeter road at the Fashion Square Parking Structure. A-78-62 Approved the following agreements and authorized their execution by Mayor and Clerk: TRAFFIC SIGNAL MODIFICATION - Between City and County of Orange for reimbursement to the City of 25% of the costs incurred in the modification of the traffic signal at Seven%eenth Street and Tustin Avenue. ($24,274 is total cost of modifi- cation). A-78-63 ROBBERY SUPPRESSION & APPREHENSION PROJECT - Between City and City of Huntington Beach in a project funded by a LEAA (Law Enforcement Assist- ance Administration) grant requiring a 5% cash match from each participating agency. ($?03.38) A-78-64 FUTURE CONVEYANCE OF REAL PROPERTY TO THE CITY - Between City and Catherine W. Quick to convey cer- tain real property located at the corner of Tustin Avenue and Old Tustin Avenue to the City when it is needed for public street purposes. Councilman Bricken abstained from voting. (Agenda Item 12 D) A-78-65 CITY COUNCIL MINUTES 234 JUNE 19, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued LIABILITY CLAIMS Referred to administration claims received from May 27 to June 12, 1978. CA 6S.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80.2 * * * * * * * * CONSENT CALENDAR FINIS * ~ * ~ ~ * * * BID AWARD - SPEC 77-06S Council awarded the follow- WHEEL ALIGNMENT RACK SYSTEM ing on the basis of lowest APPROVED responsible and responsive bidder, on the motion of Councilman Ward, seconded by Councilman Ortiz, and carried 6:1, with Councilman Yamamoto dissenting: SPEC 77-065 - Wheel alignment rack system; awarded to Auto Shop Equipment Co., Anaheim, in the total amount of $5,952.58. (Agenda Item 3 A) CA 89 BID AWARD- SPEC 77-094 FUEL STORAGE TANKS & PUMP APPROVED 7:0 motion of Councilman Ward, The following was awarded on the basis of only respon- sible and responsive bidder, on the unanimously carried seconded by Councilman Brandt: SPEC 77-094 - Two fuel storage tanks and pump; awarded to Lube-Lift Equipment, Inc., Los Angeles, in the total amount of $13,028.96. (Agenda Item 3 B) CA 89 MINOR EXCEPTION 78-15 On the unanimously carried 1401 WEST WARNER AVE. 7:0 motion of Councilman APPROVED Brandt, seconded by Coun- cilman Garthe, Council approved and filed the Notice of Exemption and Zoning Adminis- trator Finding of Fact on the following: EX 75~-15 Filed by Quin-Star Enterprises to allow on-sale beer and wine in a proposed restaurant (Pizza Hut), which will be located within 300' of property zoned for residential use, at 1401 West Warner Avenue in the C2 District. APPROVED. (Agenda Item 5 E) CA 13.2 TENTATIVE PARCEL MAP #1061 NORTHWEST CORNER - EUCLID & EDINGER DELETED FROM AGENDA the request of the applicant: The following item was deleted from the Agenda by unanimous informal consent of Council on NEGATIVE DECLARATION & TENTATIVE PARCEL MAP #1061 - Filed on May 3, 1978 by Lawrence Campeau creating four C1 parcels; all proposed parcels to be used for commercial purposes; generally located on the northwest corner of Euclid and Edinger Avenues. (Agenda Item ? B) CA 25 CITY COUNCIL MINUTES 235 JUNE 19, 1978 AGREEMENT - ORANGE COUNTY On the unanimously ANIMAL SHELTER SERVICES carried 7:0 motion of APPROVED Councilman Brandt, seconded by Councilman Ward, Council approved the following agreement and authorized its execution~by Mayor and Clerk: ANIMAL SHELTER SERVICES - Between City and County to extend County Animal Shelter Services for a peziod of one year commencing with July 1, 1978. (Agenda Item 12 E) A-78-66 AGREEMENT - GARY KUEHN, R.V.M. Council approved a two ZOO VETERINARIAN SERVICES month extension of the 2-MONTH EXTENSION APPROVED following contract, and authorized execution by Mayor and Clerk, on the motion of Councilman Brandt, seconded by Councilman Bricken, carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting: ZOO: VETERINARIAN - Between City and Gary Kuehn, D.M.V., to extend ,the present contract for two months commencing June 1,. 1978. (Agenda Item 12 A-78-67 Prior to the vote, in response to questions from Councilmen concerning Dr. Kuehn's fees and the service he performs for the City, Bob Gresham, Director of Recreation and Parks, stated that Dr. Kuehn is available by telephone and answers many ques- tions concerning the Zoo animals without having to travel to Orange County. READING WAIVED Councilman Ward's motion to waive full reading of all ordinances and reso- lutions, the titles of which appear on the public Agenda, or which otherwise come be- fore this Council, and the titles of whigh are read, and to consider by titl~ only, was seconded by Councilman Garthe, and carried 7:0 unanimously. ORDINANCE NO. NS-1416 AN ORDINANCE OF THE CITY NATIONAL ELECTRICAL CODE OF SANTA ANA AMENDING FIRST READING 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 motion of Councilman Ward, seconded by Councilman Brandt, and carried 6:1, with Councilman Bricken dissenting. CA 8? ORDINANCE NO. NS-1427 AN ORDINANCE OF THE CITY A.A. NO. ?89 - 1806 E. SANTA CLARA OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. ?89 TO REZONE PROP- ERTY LOCATED AT 1806 BAST SANTA CLARA FROM THE A1 (GENERAL AGRICULTURE) DISTRICT TO THE R1-CLASS II (SINGLE FAMILY RESI- DENCE - CLASS II) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP NO, 5-5-9 was placed on second reading and adopted on the motion of Councilman Garthe, seconded by Councilman Ward, car- ried 6:1, with Councilman Bricken dissenting, CA 10 CITY COUNCIL MINUTES 236 JUNE 19, 1978 ORDINANCE NO. NS-1428 AN ORDINANCE OF THE CITY A.A. NO. 790 - 938 N. GRAND AVE. OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. 790 TO REZONE PROP- ERTY LOCATED AT 938 N. GRAND AVENUE FROM THE R2 (MULTIPLE FAM- ILY RESIDENCE) DISTRICT TO THE CS (ARTERIAL COMMERCIAL) DIS- TRICT AND AMENDING SECTIONAL DISTRICT MAP NO~. 7-5-9 was placed on second reading and adopted on the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 10 ORDINANCE NG~ NS-1429 AN ORDINANCE OF THE CITY A.A. NO.. 791- 601 S. NEWHOPE OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO~ 791 TO REZONE PROP- ERTY 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-S-10 was placed on second reading and adopted by unanimous ?:0 vote, on the motion of Councilman Ward, seconded by Councilman Brandt. CA 10 RESOLUTION NO. 78-72 A RESOLUTION OF THE CITY MECHANICAL CODE PERMIT FEES COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION 78-S8, TO SUPPLEMENT THE MECHANICAL CODE PERMIT FEB SCHEDULE was adopted unanimously 7:0, on Councilman Ward's motion, seconded by Councilman Garthe. CA 65; CA 87 RESOLUTION NO. 78-73 A RESOLUTION OF THE CITY VA NO. 77-76 - APPEAL NO. 386 COUNCIL OF THE CITY OF 1432 B. i?TH STREET - ADOPTED SANTA ANA REVERSING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 77-76, APPROVING SAID VARIANCE AND GRANTING APPEAL NO. 386 was adopted on a 4:3 vote, on the motion of Councilman Brandt, seconded by Councilman Ortiz. Councilmen Bricken, Yamamoto and Ward voted NO. CA 13.3 RESOLUTION NO. 78-74 A RESOLUTION OF THE CITY VA NO. 78-16 - APPEAL NO. 389 COUNCIL OF THE CITY OF 4702 W. 1ST ST. - ADOPTED SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION DENYING VARIANCE APPLICATION NfL. 78-16 AND DENYING APPEAL NO. 389 was adopted by a 6:1 vote, with Councilman Ward dissenting, on Councilman Ortiz' motion, seconded by Councilman Brandt. CA 13.3 RESOLUTION NO. 78-75 A RESOLUTION OF THE CITY INTENT TO VACATE - PORTION OF 5TH ST. COUNCIL OF THE CITY OF & ALLEY- ADOPTED SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF FIFTH STREET FROM THE COUNTY JAIL WESTERLY TO SHEL- TON STREET AND A NORTH-SOUTH ALLEY BETWEEN SANTA ANA BOULEVARD AND FIFTH STREET WEST OF THE COUNTY JAIL, APPROVING A MAP THERE- OF, DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP, DES- CRIBING THE PORTIONS OF SAID STREET AND SAID ALLEY TO BE VACATED, AND SETTING NOTICE THEREOF TO BE POSTED AND PUBLISHED was adopted on the unanimously carried ?:0 motion of Councilman Garthe, seconded by Councilman Brandt.. CA 14 CITY COUNCIL MINUTES 237 JUNE 19, 1978 RESOLUTION NO. 78-76 A RESOLUTION OF THE CITY SANTIAGO LIBRARY SYSTEM AGP~EEMENT COUNCIL OF THE CITY OF ADOPTED SANTA ANA APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AMENDING THE JOINT POWERS AGREEMENT ESTABLISH- ING THE SANTIAGO LIBRARY SYSTEM TO ADD THE BUENA PARK LIBRARY DISTRICT was adopted on the unanimously carried ?:0 motion of Councilman Ward, seconded by Councilman Garthe. A-78-68 RESOLUTION NO~ 78-77 & 78-78 The following resolutions CENTRAL TRAFFIC DISTRICT were adopted by a single ADOPTED motion made by Councilman Ward, seconded by Council- man Brandt, and carried S:2, with Councilman Yamamoto and Mayor Evans dissenting: RESOLUTION NO. ?8-?? - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DELETING FROM THE BOUNDARIES OF CEN- TRAL TRAFFIC DISTRICT "A" SECOND STREET BETWEEN MAIN AND BUSH STREETS. RESOLUTION NO~ ?8-?8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DELETING FROM THE BOUNDARIES OF CENTRAL TRAFFIC DISTRICT "B" SECOND STREET BETWEEN BUSH AND SPURGEON STREETS AND BUSH STREET BETWEEN FIRST AND THIRD STRBETS. The effect of the foregoing resolutions is to remove the 2-hour parking limit.. CA 18 RESOLUTION NO. 78-79 - PROJECT 4039 Council rejected all bids STORM DRAIN - JOANA DRIVE received for Project 4039, ADOPTED the construction of a storm drain on Joana Drive between Brynwood Street and Eastwood Avenue~ as being excessively above the engineer's estimate, and adopted the following resolution, on the motion of Councilman Garthe, seconded by Councilman Brandt, carried 5:2, with Councilmen Ward and Bricken dissenting: RESOLUTION NO. 78-79 - A RESOLUTION OF THE,CITY COUNCIL OF THE CITY OF SANTA ANA REJECTING ANY AND ALL BIDS PRESENTED FOR THE CONSTRUCTION OF PROJECT 4039, AND DETERMINING AND DECLARING THAT, IN THE OPINION OF SAID COUNCIL, BASED ON ESTIMATES SUBMITTED BY THE CITY MANA- GER, THE WORK MAY BE PERFORMED BETTER AND MORE ECONOM- ICALLY BY THE CITY WITH ITS OWN EMPLOYEES, AND ORDERING SAID WORK DONE IN THE MANNER STATED.. CA 89 RESOLUTION NO. 78-55 A RESOLUTION OF THE PERS - PRIOR SERVICE LIABILITIES CITY COUNCIL OF THE .REFERRED TO STAFF CITY OF SANTA ANA APPROVING AN EXTENSION OF THE FUNDING PERIOD EXPIRATION DATE FOR PRIOR SERVICE LIABILITIES was referred back to Staff for additional informa- tion on the motion of Councilman Bricken, seconded by Council- man Brandt, and carried 6:0. Councilman Garthe abstained because he is a recipient of PERS (Public Employees Retire- ment System) benefits. CA 50.20 During Council discussion, Councilman Ward asked why the cost for employee retirement benefits is so much more than the City had budgeted. Councilman Bricken asked whether it would be possible to hire new employees under a different system. Coun- CITY COUNCIL MINUTES 2 38 JUNE 19, 1978 cilman Brandt stated that there may be a private company that could provide a comparable retirement system at a lower cost. Councilman Garthe stated that in 1973 an agreement was reached to provide the Police Department with retirement benefits that equal those received by State Highway Patrolmen. Councilman Bricken noted that a change in the relationship between salaries and retirement benefits for employees occurred in 1973. PETITION FOR REMOVAL OF A petition received NO LEFT TURN SIGNS SANTIAGO ST. June 7, 1978 containing & MEMORY LANE - REFERRED 104 signatures, asking for the removal of four-way No Left Turn signs and the island at the end of Santiago Street and Memory Lane, was referred to Staff for consideration at a public hearing set for July 17, 1978. Joe Foust, Traffic and Transportation Engineer, had reported to Council at its June $, 1978 meeting that a questionnaire was prepared and distributed, the results of which would be dis- cussed at the public hearing to be held on July 17, 1978 in conjunction with the evaluation of the traffic plan established in the area. CA 18.9 CA 151.5 COMPLAINT RE DISMISSAL OF In response to a com- FOUR MINORITY POLICE OFFICERS plaint made by Miss Made- FILED line Lynch at the June 5 Council meeting, a report dated June 13, 1978 prepared by Police Chief Raymond C. Davis was received and filed, on the unanimously carried 7:0 motion of Councilman Garthe, seconded by Councilman Bricken. The report states the facts surrounding the termination of four Police Department employees: David Howard, Robert Caro, George Spencer and Santiago Naranjo. CA 47 NEGATIVE DECLARATION FOR Negative Declaration DEVELOPMENT OF THORNTON PARK 78-113 issued for the APPROVED & FILED development of Thornton Park was approved and filed on the motion of Councilman Bricken, seconded by Council- man Brandt, carried 7:0 unanimously. The approval was recommended by Planning Director Charles C. Zimmerman in his report dated June 5, 1978 in which he stated that environmental documents were required to apply for and receive a Land and Water Conservation Fund grant. CA 52 POST OFFICE NOISE A report dated June 12, UPDATE REPORT - FILED 1978, prepared by Peter A. Grams, outlining meetings held and dis- cussions leading to the decision to increase Police surveil- lance at the Post Office facility at 2201 North Grand Avenue, was received and filed, on the motion of Councilman Brandt, seconded by Councilman Ward, carried 7:0 unanimously. Attached to the report was a copy of a letter written by the Police Chief to Postmaster Clayton Bakke, dated June 7, 1978 advising him that violations of Municipal Code Section 18-309 (Loud or Unusual Noises) would be investigated and prosecutions sought. Wayn~ Miller, 1401 East Avalon, spoke in favor of increased surveillance and enforcement of the Municipal noise ordinance by the Police Department. CA 145.4 CITY COUNCIL MINUTES 239 JUNE 19, 1978 BOWERS MUSEUM EXHIBIT Payment of the rental THE HUMAN FORM - FRITZ WOTRUBA and one-way shipping PAYMENT AUTHORIZED fees of $2,000 to the Smithsonian Institution for the Human Form; Fritz Wotruba exhibit, was authorized, on the motion of Councilman Brandt, seconded by Councilman Bricken, carried 7:0 unanimously. The report dated June 12, 1978, prepared by Reilly P. Rhodes, Museum Director, stated that this major exhibition of sixty works by the Austrian sculptor (1907-1965) includes 30 bronzes, 13 lithographs, 7 etchings and 10 drawings, and will be shown at Bowers Museum June 29 through July 28, 1978. CA 85 VACANT POSITION REPLACEMENT On the motion of Council- CIVIC CENTER GROUNDS MAINTENANCE man Yamamoto, seconded CONTINUED by Councilman Ortiz, carried 7:0 unanimously, consideration of the filling of the position of Grounds Maint- enance Man I in the Civic Center Grounds Maintenance Division was continued. CA SO ADDITIONAL POSITION The request of the Build- BUILDING INSPECTOR ing Safety Department CONTINUED dated May 3, 1978 to add the position of Building Security Inspector to its department, was continued on the motion of Councilman Brandt, seconded by Councilman Bricken, and carried 6:1, with Councilman Garthe dissenting. The new position was requested in connection with the Building Security Ordinance enforcement. CA 50 ANIMAL BUTCHERING ORDINANCE A report dated June 12, AMENDMENT OF ANIMAL ORDINANCE 1978 prepared by Estela TO ALLOW PRIMATES - REPORT FILED Gutierrez, Administrative Aide, giving the status of the research preparatory to the drafting of an amendment to Chapter 5 of the Municipal Code (Animals) was received and filed on the motion of Councilman Brandt, seconded by Councilman Bricken, and carried 6:1, with Councilman Yamamoto dissenting. The amendments concern regulation of the butchering of animals for human consumption and the licensing of primates on an individual basis within the City. CA 95 PROPOSED IMPROVED EMPLOYEE A report dated June 12, ANNIVERSARY AWARD PROGRAM 1978, prepared by Frank CONTINUED TO AUGUST 7 Blaszcak, Public Informa- tion Officer, suggesting an improved employee anniversary award program offering employees a choice of awards, was continued to August 7, 1978 on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Garthe. The report describes the types of programs instituted by other comparable cities. CA 50; CA 151 SENIOR CENTER MODIFICATION On the motion of Council- APPROPRIATION ADJUSTMENT NO. 188 man Ward, seconded by APPROVED Councilman Bricken, carried 7:0 unanimously, Appropriation Adjustment No. 188 to establish accounts to receive $1,3S9 grant funds from the State Department of Aging to be used to modify an activity room at the Senior Center, was approved. The appropriation adjustment implements Council action of March 13, 1978 approving the application for grant funds for the modification of the Senior Center. CA 65.3 CITY COUNCIL MINUTES 2 40 JUNE 19, 1978 FUEL STORAGE TANKS Appropriation Adjustment APPROPRIATION ADJUSTMENT NO. 195 No. 195 transferring APPROVED $9,050 from Fire Depart- ment Salaries and Wages Overtime, to Fire Department Improvements account to replace a leaking deteriorated underground gasoline tank at Station #S was approved on the motion of Councilman Ward, seconded by Councilman Brandt, carried 7:0 unanimously. CA 65.3 ORAL COMMUNICATION City Manager Bruce Spragg SUPPORTING SALES TAX announced that during the RESOLUTION NO. 78-80 - ADOPTED past week, Mayor Bradley of Los Angeles had gone on record in support of the reallocation of one cent of the existing sales tax to the cities and counties; that the proposal would add 12 million dollars revenue to the City; and that the City of Santa Ana could abolish the property tax totally with the revenue generated by the additional 1¢ sales tax allocation. On the motion of Councilman Ward, seconded by Councilman Garthe, carried 5:2, with Councilmen Yamamoto and Bricken dissenting, the following resolution was read by title only and adopted: RESOLUTION NO. 78-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' PROPOSAL TO REALLOCATE SALES TAXES TO CITIES AND COUNTIES. CA 65; CA 148 RECESS vened with all Council At 3:15 P.M. Mayor Evans recessed the meeting; at 3:25 P.M. the meeting was recon- members present. ORAL COMMUNICATION Mayor Evans suggested COUNCIL COMMENTS ON that each Councilman express CITY REVENUE his view with respect to use of existing revenue or generation of new revenue to meet the current budget deficit occasioned by the passage of Proposition 15. Each Councilman responded individually; the responses are sum- marized as follows: All Councilmen favored use of at least part of the City's con- tingency fund to meet the budget deficit. Mayor Evans and Councilman Garthe favored the use of revenue sharing funds for operations, while all five other Councilmen would prefer that those funds be used for specific projects, as has been done in the past. Use of capital funds for operations was proposed by Mayor Evans, and Councilman Garthe; Councilmen Ward and Brandt opposed the use of capital funds for operations, while the other three Councilmen did not specifically address that question. Councilman Ward requested that the Council consider raising user fees in the City to generate additional revenue; that position was supported by Councilman Garthe. Councilman Yamamoto was strongly opposed to raising user fees or raising any taxes. Councilman Ward's motion, seconded by Councilman Garthe, to consi- der the increase of user fees, was defeated on a 3:4 vote, with Mayor Evans and Councilmen Yamamoto, Ortiz and Bricken dissenting. CITY COUNCIL MINUTES 2.41 JUNE 19, 1978 However, unanimously carried 7:0 was Councilman Bricken's motion, seconded by Councilman Brandt to place under consideration an examination of costs for services that currently lend themselves to use charges so that Council can better understand the service needs of the community and whether these are cost effective. CA 65 AMENDMENT TO RESOLUTION NO. 78-80 An amendment to RESOLUTION SUPPORTING SALES TAX NO. ?8-80 (Minutes Page APPROVED 323) to include the statement that the one cent (1¢) of current state sales tax be allocated to the cities and counties, but on the same basis as present sales tax revenues are allocated was ~-pr--b-~e~, ~nt-iq~--moti~o~ma--~-Gart--~6~, s-~6onded by Councilman Brandt, carried 6:1, with Councilman Yamamoto dissenting. CA 65 RECESS was reconvened with At 4:08 P.M. Mayor Evans recessed the meeting for dinner; at 7:50 P.M. the meeting all members of Council present. PLEDGE OF ALLEGIANCE INVOCATION The Invocation was given by Councilman Bricken, following the Pledge of Allegiance to the Flag. SPECIAL PRESENTATIONS Councilman Ortiz repre- COMMERCIAL PROPERTY sented the Council in the IMPROVEMENT PROGRAM presentation of a letter of commendation from Mayor Evans thanking each participant of the Commercial Property Improvement Program for his cooperation to improve the City through the enhancement of his property. The recipients were Bob Foreman of Bob's Photo Lab, Paul Surface of Winston Tire Company and Ed Frieson of Hatfries Enterprises. Mr. Wes Brown of Sims-Orange Welding Supply will receive his letter by mail. CA 73B PROCLAMATION PRESENTATION Mr. Phil Reber, Chairman PARK & RECREATION MONTH of the City's Board of Recreation and Parks, was the recipient of the Mayor's Proclamation declaring the month of June as Park and Recreation Month; Councilman Brandt did the honors with his thanks to the Board for its work during the past year to assist the Council with Park and Recreation decisions. CA ?3B PUBLIC HEARING - VA 78-21 Mayor Evans announced that 1700 B. GARRY AVENUE this was the time and place APPROVED SUBJECT TO 2 YEAR REVIEW for the public hearing of Negative Declaration and Variance Application 78-21 to allow retail sales of beer and wine in an existing restaurant (sandwich shop) at 1700 East Garry Ave- nue in the LM District; and, that the Variance application was set for public hearing by the City Council on June 5, 1978. Planning Director Charles Zimmerman stated that the 500 square foot sandwich shop is in an 83,000 square foot industrial center; that the Planning Commission had recommended approval of the variance (by a 5:2 vote) to the Council; that the shop primarily serves the complex, with no frontage to serve other customers; CITY COUNCIL MINUTES 2~42 JUNE 19, 1978 that the service of beer and wine is an integral part of the service offered to the customers; and that the variance would not adversely affect the General Plan of the City. Judy June Susak, owner of the sandwich shop, stated that she has two other such shops; that the customers usually prefer to have ~he opportunity to purchase beer or wine with a sandwich; and that there is no parking for outside customers. There being no further speakers, Mayor Evans closed the public hearing. On the motion of Councilman Ortiz, seconded by Councilman Brandt, carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting, the Negative Declaration was approved and filed, and the City Attorney was directed to prepare a resolution granting Variance Application No. 78-21 and affirming the decision of the Planning Commission, subject to a two-year review. CA 13.3A PUBLIC HEARING - CUP 78-9 Mayor Evans announced 2760 S. HARBOR BLVD. that this was the time NO ACTION (DENIED) and place for the public hearing of Negative Declaration and Conditional Use Permit 78-9 to allow retail sales of linoleum, carpet and drapery material at 2760 South Harbor Boulevard, Units D and E, in the Mi District. Upon verification that the subject property is owned by Pruden- tial Life Insurance Company, Councilman Yamamoto left the hearing, stating that he is the employee of Prudential Life Insurance Company, and his association may present a conflict of interest. Planning Director Charles Zimmerman stated that the Applicant proposes to use 4,400 square feet in a new industrial complex for retail sales of linoleum, carpet and drapery material; that a conditional use permit can be approved for retail sales when those sales are in conjunction with the production on the site; no conditional use permit has been approved for retail sales along this Harbor Boulevard site; and that in this particu- lar instance the Planning Commission determined that the conditional use permit would not be detrimental to the industrial character of the area. Bill Towfigh, 3213 South Birch, Applicant, stated that he does very little selling over the counter; that generally he visits the customer and takes the order at the job site; that he deals with commercial establishments such as Knott's Berry Farm and Disneyland; and that he would use 2/3 of the area for a ware- house. B. Davenport, Prudential Life Insurance Company, owner of the building, stated that they had investigated the business before allowing it to come into the complex; and that the operator of the business has very little need for parking spaces. There being no further speakers, Mayor Evans closed the public hearing. The motion to approve and file the Negative Declaration and to direct the City Attorney to prepare a resolution granting the Conditional Use Permit, and affirming the decision of the Plan- ning Commission, made by Councilman Brandt, seconded by Council- man Ortiz, failed to carry on a 3:3 vote, woth Councilmen Ward and Bricken and Mayor Evans dissenting. The dissenting Council- men noted that downtown Santa Aha is the best example of lack of adherence to the established zone;,and that although difficult, strict zoning regulations must be maintained to avoid deteriora- tion of an area. CITY COUNCIL MINUTES 245 JUNE 19, 1978 After discussion, another motion to approve and file the Nega- tive Declaration and direct the City Attorney to prepare a resolution granting the Conditional Use Permit and affirming the decision of the Planning Commission, made by Councilman Ortiz, seconded by Councilman Brandt, failed to carry on a 3:3 vote, with Councilmen Ward and Bricken and Mayor Evans dis- senting. (No action represents denial.) CA 13.4A PUBLIC HEARING - AMENDMENT Mayor Evans announced APPLICATION 792 15TH & GRAND that this was the time ORDINANCE NO. NS-1430 1ST READING and place for the public hearing of Negative Declaration and Amendment Application #792 to rezone property on the southwest corner of Fifteenth Street and Grand Avenue from the C5 (Arterial Commercial) District to the R2 (Limites Multiple Family Residential) District. Planning Director Charles Zimmerman stated that on April 17, 1978 the Council affirmed approval of Variance Application No. 78-9 to allow construction of one triplex and three duplexes in the C5 District; that Condition 6.A(4) of that Variance required that the Applicant submit an Amendment Application requesting that the property be rezoned from the C5 District to the R2 District prior to the issuance of any building permits; that there was no opposition to the zone change at the public hearing; and that the zone change would have no adverse impact on the surrounding area. David Young, representing the developer, stated that he was present to answer any questions Council might wish to ask. There being no further speakers, Mayor Evans closed the public hearing. On the unanimously carried 7:0 motion of Councilman Yamamoto, seconded by Councilman Brandt, the Negative Declaration was approved and filed, and the following ordinance was placed on first reading: ORDINANCE NO. NS-1430 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 792 TO REZONE PROPERTY LOCATED AT 1250 EAST FIFTEENTH STREET, SANTA ANA, FROM THE C5 (ARTERIAL COMMERCIAL) DISTRICT TO THE R2 (LIMITED MULTIPLE-FAMILY RESIDENTIAL) DISTRICT AND AMENDING SECTIONAL DISTRICT MAP 7-5-9. CA 10 PUBLIC HEARING - AMENDMENT TO LAND Mayor Evans announced USE & ARTERIAL STREETS SECTION OF that this was the time GENERAL PLAN - RES. 78~81 ADOPTED and place for the public hearing of General Plan Amendment 1978-2 to redesignate the property bounded by First, Third, Flower, and Van Ness Streets from the Government and Civic Facilities and Professional and Administrative Offices to High Density residential. Planning Director Charles Zimmerman stated that the subject property is the site of the 14-acre residential redevelopment project considered and unanimously approved by the Redevelop- ment Commission on April 4, 1978; that the 10.03 acre develop- ment provides a maximum of 352 dwelling units with a range in density from 15.1 to 35 dwelling units per net residential acre; and following a public hearing of the Planning Commission held on May 22, 1978 the Commission certified that the information contained in the Redevelopment Agency's Environmental Impact Report had been reviewed and considered, and by unanimous vote, recommended approval of General Plan Amendment 1978-2. CITY COUNCIL MINUTES 244 JUNE 19, 1978 There being no speakers on the subject, Mayor Evans closed the Public hearing. On the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Garthe, the following resolution was adopted: RESOLUTION NO. 78-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA AMA AMENDING THE LAND USE AND ARTERIAL STREETS SECTION OF THE GENERAL PLAN BY REDESIGNATING PROPERTY BOUNDED BY FIRST, THIRD, FLOWER, AND VAN NESS STREETS FROM GOVERNMENT AND CIVIC FACILITIES AND PROFESSIONAL AND ADMINIS- TRATIVE OFFICES TO HIGH DENSITY RESIDENTIAL. GENERAL PLAN AMENDMENT 1978-2. CA 78.3 PUBLIC HEARING - AMENDMENT Mayor Evans announced that APPLICATION 795 - 1ST, 3RD, FLOWER this was the time and place & VAN NESS - ORDINANCE NS-1431 for the public hearing of FIRST READING Amendment Application No. 795 to rezone property bounded by First, Third, Flower and Van Ness Streets from the R3, P, C1, C2-HDII and 0 Districts to the Specific Development District, SD-13. Planning Director Charles Zimmerman stated that the proposed zone change will be consistent and in conformance with the development plan for the area, as well as with the General Plan Amendment 78-2 (Minutes Page 326) redesignating the subject property for high density residential purposes; that the zone change will implement the redevelopment policies of creating integrated super-blocks by abandonment of unnecessary streets, consolidation of fragmented land areas to provide needed in-town housing facilities; that the proposal provides high density residential land use and also provides adequate parking, ample recreational and open space amenities and will be an asset to the surrounding area; and that the Planning Commission, following a public hear- ing on May 22, 1978 unanimously voted to certify the information in the Redevelopment Agency's Environmental Impact Report and to recommend approval of Amendment Application No. 795 as well as Specific Development Plan #13. There being no speakers on the subject, Mayor Evans closed the public hearing. On the motion of Councilman Garthe, seconded by Councilman Brandt, carried 7:0 unanimously, the following ordinance was placed on first reading: ORDINANCE NO. NS-1431 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 795 TO REZONE PROPERTY LOCATED BETWEEN FIRST, THIRD, FLOWER, AND VAN NESS STREETS FROM THE R3, P, C1, C2-HD II AND O DISTRICT TO THE SD (SPECIFIC DEVELOPMENT) DISTRICT AMENDING SECTIONAL DISTRICT MAP NO. 12-5-10, AND ADOPTING SPECIFIC DEVELOPMENT PLAN NO. 13. CA 10 EXECUTIVE SESSION LITIGATION & PERSONNEL MATTERS tion and to give instructions to the and confer sessions; the meeting was At 8:15 P.M. Mayor Evans recessed the meeting to hold an Executive Session to discuss pending litiga- City's negotiator for meet reconvened at 8:55 P.M. CITY COUNCIL MINUTES 245 JUNE 19, 1978 ORAL COMMUNICATION CONFLICT OF INTEREST PROVISIONS OF GOVERNMENT CODE CITY PARTICIPATION IN LITIGATION AUTHORIZED on the City's behalf in a case before Thompson vs. City of Albany; the case tion of Government Code Section interest. The City Attorney, Keith Gow, was authorized, on the motion of Councilman Ward, seconded by Council- man Brandt, carried 7:0 unanimously, to participate the State Court of Appeals, involves the interpreta- 1090 concerning conflict of CA 139 ADJOURNMENT At 9:56 P.M. the meeting was adjourned by Mayor Evans, with the unanimous informal consent of the Council, to June 20, 1978 at S:00 P.M. in the City Council Chambers, to consider the 1978-79 budget for the Police Department. CITY COUNCIL MINUTES 246 JUNE 19, 1978