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HomeMy WebLinkAbout09-05-1978MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 5, 1978 The meeting was called to order at 2:05 by Mayor Vernon S. Evans in the City Council Chambers, 22 Civic Center Plaza. Council members present were David F. Ortiz, Harry K. Yamamoto, David L. Brandt, James E. Ward, John Garthe and Mayor Evans. Councilman Gordon Bricken arrived at 2:15 P.M. The following members of Staff were present: Acting City Manager and City Attorney Keith L. Gow, Assistant City Manager Daniel E. Stone, Director of Public Works John E. Stevens, Senior Planner William Daugherty, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Ward. ORAL COMMUNICATION Chuck Winn, 1239 S. Ross, LIGHTS FOR FOOTBALL PRACTICE President of Santa Ana REQUEST APPROVED Pop Warner Football, stated that he had scheduled football practice at Memorial Park on Mondays, Wednes- days and Fridays; that the Recreation and Parks Department had informed him that there could be no practice on Fridays because, due to the passage of the Jarvis Initiative, the City is cutting back on expenditures for night lighting; that there is no other suitable time for the football practice. He requested Council to arrange for the lights to be on for Friday practice as originally scheduled. The motion of Councilman Brandt, seconded by Councilman Ortiz, to request Staff to turn the lights on for the Friday Pop Warner practice at Memorial Park, and to request Staff to bring back a report detailing what economies can be taken in this area, i.e. what other nigh'ts could be "shut down" so that these teams will be allowed to practice, carried 6:0 unanimously. The motion was substituted for a prior motion by Councilman Garthe, seconded by Councilman Ortiz, to refer the matter to Staff with instruction to provide all possible assistance to the Pop Warner organization. CA 52 CONSENT CALENDAR ITEMS REMOVED & DISSENTING VOTE was removed by Councilman Ward. on Item 4 by Mayor Evans. Mayor Evans removed Item 5 A from the Consent Calen- dar on the request of Mr. J. Ogden Markel; Item 10 B A dissenting vote was registered CONSENT CALENDAR On the unanimously carried STAFF RECOMMENDATIONS 6:0 motion of Councilman APPROVED Garthe, seconded by Coun- cilman Ward, Council approved the Staff recommendations on the following Consent Calendar items: MINUTES Approved the Minutes of the Regular and Adjourned Regular Meetings of July 17, 1978. BID CALL CITY COUNCIL MINUTES Approved plans and specifica- tions and authorized advertise- ment for bids on the following: 367 SEPTEMBER S, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 78-023 - Approximately 1,000 smoke detectors. CA 89 BID AWARD Awarded the following on basis of lowest responsible and responsive bidder: SPEC 78-010 Four color video terminals (Re-bid); awarded to Thorson Company, Norcross, Georgia, in the total amount of $16,239.90. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATION Received and filed Staff report of the following: SCHULZ, Marcos and Geronima - 1111 South Main Original - Type "41" on-sale beer and wine (bona fide public eating place) PROTEST - Needs Minor Exception. Mayor Evans registered a NO vote. (Agenda Item 4) CA 146.1 VARIANCE on the following: Approved and filed Negative Declaration and Planning Commission Finding of Fact VA 78-39 - Filed by Fred Black Realty to construct an additional building at an existing automobile agency at 2345 North Grand in the A1 District. APPROVED. CA 13 TENTATIVE PARCEL M~PS Approved and filed the Negative Declarations; approved the following subject to conditions contained in Planning Director's Reports; and waived alley requirements on each: PARCEL MAP #1076 - Filed on July 17, 1978 by C. J. Segerstrom, creating two parcels; both proposed parcels to be used for industrial purposes; generally located on the southeast corner of MacArthur Boulevard and Susan Street. PARCEL MAP #1080 - Filed on August 4, 1978 by Munoz & Shinto, creating 3 A1 parcels; all proposed parcels to be used for residential purposes; generally located on the north side of McFadden, approximately 908' west of New- hope Street. PARCEL MAP #1082 - Filed on August 11, 1978 by the Irvine Company, creat{ng 5 LM parcels; all proposed parcels to be used for industrial purposes; generally located on the southwest corner of Warner and Redhill Avenues. CA 25 FINAL PARCEL & TRACT MAPS Approved the following final map, accepted the dedications thereon: PARCEL MAP 1073 - North side of Goetz Avenue at Oak Street; five lots. CA 25.2 CITY COUNCIL MINUTES 368 SEPTEMBER 5, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued Approved the following final map: TRACT MAP 9980 - Northeast corner of Greenville Street and Sunflower Avenue; one lot. Approved final map, accepted the dedications thereon and the bonds in the amounts set, and authorized execu- tion of subdivision agreements on the following: TRACT MAP 10284 - Northeast corner of First Street and Mountain View Street; one lot. TRACT MAP 10331 - Bast side of Mountain View Street, south of Fifth Street; one lot. CA 24 COMPLETION OF IMPROVEMENTS following: Authorized release of per- formance, monument, labor and material bonds on the TRACT #9451 - Eighteenth Street Bast of Towner Street. CA 24 CHANGE ORDERS Approved the following change orders: PROJECT 4037 -~ Construct P-2A Storm Drain in MacArthur Boulevard between Flower Street and Main Street Change Order No. 1, increasing the cost by $13,205.78, to cover required addi- tional excavation and rock placement. PROJECT 8503 - Construct U-1-B Storm Drain - Change Order No. 2, increasing the cost by $3,267.96, for various reasons described in the report dated August 28, 1978. CA 89 AGREEMENTS Approved the following agreements and authorized their execution by Mayor and Clerk: EMPLOYEES FOR INTRUSION ALARM CONSOLE - Between CitM and Santa Aha Unified School District to define limitations and liability for school dis- trict employees working on City property. A-78-94 PARKING STRUCTURE AT FASHION SQUARE - Amendment to agreement between the City and The Emkay Development and Realty Company to effect a reduction in the contract cost in the amount of $25,000. (Project 8501 , Change Order No. 1) A-78-95 SEWER RECOVERY AGREEMENT NO. 43 Between City and James Bartholomew allowing the City to charge a connection fee to the adjacent developer and to reimburse the funds to Mr. Bartholomew. A-78-96 BOARDS & COMMISSIONS APPOINTMENTS Confirmed the following appointments (nominated on August 21, 1978): Ellen D. Schulthess, Ward 2, Board of Recreation and Parks, for term expiring June 30, 1980, replac- ing Madaline Richards. CITY COUNCIL MINUTES 369 SEPTEMBER 5, 1978 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - continued Beverly D. Reed, Ward 7, Board of Recreation and Parks, for term expiring June 30, 1980, replacing John McDonough. Lora Ward, Ward 3, Health Planning Council, for term expiring June 30, 1979, replacing Victor Alleman. Dennie Pimental, Ward 3,.Vector. Control District, for term expiring December 31, 1979, replacing Richard Vogl. Dale R. McKenzie and Jack Roland, Project Area Committee, for term expiring June 30, 1979. CA 80.9 LIABILITY CLAIMS Referred to Administration claims received from August iS, 1978 to August 28, 1978. CA 65.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to Staff by Council. CA 80,2 PROCLAMATIONS August 29, 1978. Received and filed report of proclamations issued by the Mayor from August 16 to CA 46 CONSENT CALENDAR FINIS VARIANCE 78-37 Councilman Brandt's motion 1420 SOUTH MAIN STREET to approve and file the STAFF RECOMMENDATION - APPROVED Negative Declaration and STAFF RE-EVALUATION - REQUESTED Planning Commission Finding of Fact on the following, and to request Staff to re-evaluate the tree well requirement on South Main Street, was seconded by Councilman Garthe, and carried 6:0 unanimously: VA 78-37 - Filed by Robert W. Johnson to waive the required 10-foot rear building setback for an auto tire and repair shop at 1420 South Main in the C2 District. APPROVED. (Agenda Item SA) CA 13 Prior to the motion, J. spoke in opposition to on South Main Street, and the planting of~street trees. He stated that in his opinion street trees in the South Main commercial area are inappropriate because they obliterate signs and build- ings; that street trees interfere with canopies; that often they must be removed for various reasons, at additional expense; and that he was speaking in favor of the variance but against the condition of approval requiring trees to be planted. Ogden Markel, 1814 South Parton Street, the'variance requirement for street tree :wells Robert Johnson, 3837 Birch, Newport Beach, the Applicant, stated that he did not want to delay his proposed improvements; that he would be willing to accept the conditions for street tree wells and planting; and that he desired to work with the existing owners on South Main Street to change the tree requirements. During Council discussion, Council members expressed support for South Main businessmen; Councilmen Ward, Brandt and Yamamoto CITY COUNCIL MINUTES 370 SEPTEMBER 5, 1978 stated that trees are generally desirable, that they enhance business properties and are needed Citywide for visual aspects and health reasons; Councilman Garthe said trees are not needed in a business area, that they cut down business activity, and he agreed with Mr. Markel that they obliterate signs. Council- man Brandt remarked that tree wells tend to become trash receptacles. CA 52 Councilman Bricken arrived during the discussion of the fore- going item at 2:15 P.M., and abstained.from voting because he had not been present during the entire presentation. CHANGE ORDER - PROJECT 8501 Council approved the follow- FASHION SQUARE PARKING STRUCTURE lng Change Order on the APPROVED motion of Councilman Ward, seconded by Councilman Garthe, carried 4:3, with Councilman Yamamoto and Bricken and Mayor Evans dissenting: PROJECT 8501 - Parking structure at.Fashion Square - Change Order No. 1, increasing the cost by $26,885.00, to cover an adjustment in original contract price and numerous changes in project. A-78-95; CA 89 (Agenda Item 10 B) ORDINANCE NO. NS-1435 AN ORDINANCE OF THE CITY BUILDING CODE REQUIREMENTS OF SANTA ANA ADDING ADOPTED SECTION 8-50 TO THE SANTA ANA MUNICIPAL CODE TO PROVIDE A PROCEDURE FOR WAIVER OF BUILDING CODE REQUIREMENTS PERTAINING TO INTERIOR LOT LINES was placed on second reading and adopted by unanimous 7:0 vote, on the motion of Councilman Ward, seconded by Councilman Brandt. CA 87 ORDINANCE NO. NS-1448 AN ORDINANCE OF THE CITY GAS TAX FUND OF SANTA ANA ADDING ADOPTED ARTICLE IV, SECTIONS 13-30, 13-31, 13-32 AND 13-33 TO CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE ESTABLISH- ING A SPECIAL GAS TAX STREET IMPROVEMENT FUND PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 2113 was placed on second reading and adopted on the mo~ion of Councilman Brandt, seconded by Councilman Garthe, carried 7:0 unanimously. CA 65 CA 29.4A ORDINANCE NO. NS-1449 AN ORDINANCE OF THE CITY A.A. NO. 799 - 2200 N. BROADWAY OF SANTA ANA APPROVING ADOPTED AMENDMENT APPLICATION NO. 799 TO REZONE PROPERTY LOCATED AT 2200 N. BROADWAY, SANTA ANA FROM THE Ri (SINGLE FAMILY RESIDENCE) DISTRICT TO THE P (PROFESSIONAL) DISTRICT AND AMENDING SECTIONAL MAP NO. 1-5-10 was placed on second reading. and adopted on the motion of Councilman Brandt, seconded by Councilman Ortiz, carried S:0, with Councilman Ward and Mayor Evans abstaining because the applicant is a client of their firms. Prior to Council consideration of the foregoing ordinance, Mayor Evans relinquished the Chair to Councilman Garthe; the Mayor resumed the Chair following the vote. CA 10 CITY COUNCIL MINUTES 371 SEPTEMBER 5, 1978 ORDINANCE NO. NS-14S0 AN ORDINANCE OF THE CITY FIXING TAX RATE OF SANTA ANA FIXING THE ADOPTED RATE OF AND LEVYING TAXES . IN THE AMOUNT OF EIGHTY- SIX CENTS PER ONE HUNDRED DOLLARS OF ASSESSED VALUATION ON ALL TAXABLE PROPERTY IN THE CITY FOR ALL MUNICIPAL PURPOSES, BEGIN- NING JULY 1, 1978, AND ENDING JUNE 30, 1979 was placed on second reading and adopted unanimously 7:0, on %he motion of Councilman Ward, seconded by Councilman Garthe. CA 65 ORDINANCE NO. NS-1451 Consideration of first REGULATING SKATEBOARDS reading and authorization CONTINUED of publication of title of the following ordinance was continued to September 18, on the unanimously approved 7:0 motion of Councilman Brandt, seconded by Councilman Garthe: ORDINANCE NO. NS-1451 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF REGULATING THE USE OF SKATEBOARDS IN THE CITY OF SANTA ANA. CA 35 ORDINANCE NO. NS-1452 AN ORDINANCE OF THE CITY ABATEMENT OF PUBLIC NUISANCE OF SANTA ANA AMENDING FIRST READING SECTIONS 12-104 AND 12-105 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACTION BY THE CITY COUNCIL AND CITY ATTORNEY UPON FINDING LEWD FILMS AND THEATERS AS CONSTITUTING A PUBLIC NUISANCE AND ADDING SECTION 12-106 RELATING TO ASSESSMENT FOR COSTS OF ABATEMENT was placed on first reading, and publication of title was authorized, on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt. CA 149 RESOLUTION NO. 78-101 A RESOLUTION OF THE CITY ORANGE COUNTY MANPOWER AGREEMENT COUNCIL OF THE CITY OF ADOPTED SANTA ANA AUTHORIZING EXECUTION OF AN AMENDMENT OF THE JOINT EXERCISE OF POWERS AGREEMENT FOR ORANGE COUNTY MANPOWER COMMISSION TO EXTEND THE TERM THEREOF TO SEPTEMBER 30, 1979 was adopted on a 6:1 vote, with Councilman Yamamoto dissent- ing, on the motion of Councilman Ward, seconded by Councilman Brandt. A-78-87 RESOLUTION NO. 78-114 A RESOLUTION OF THE CITY CLERK OF THE COUNCIL DAY COUNCIL OF THE CITY OF ADOPTED SANTA ANA PROCLAIMING SEPTEMBER iS, 1978 AS "CLERK OF THE COUNCIL DAY" was adopted on Councilman Garthe's motion, seconded by Councilman Brandt, carried unanimously ?:0. CA 73B; CA 75 RESOLUTION NO. 78-115 A RESOLUTION OF THE CITY COMPENSATION - ACTING CLERK COUNCIL OF THE CITY OF ADOPTED SANTA ANA AMENDING RESOLU- TION NO. 77-83 TO ADJUST THE COMPENSATION FIXED AND ESTABLISHED FOR THE OFFICE OF THE ACTING CLERK OF THE COUNCIL was adopted on the motion of Coun- cilman Ward, seconded by Councilman Garthe, Carried 7:0 unanimously. CA 50.1 CA 75 CITY COUNCIL MINUTES 372 SEPTEMBER 5, 1978 RESOLUTION NO. 78-116 A RESOLUTION OF THE CITY PARCEL MAP 1030 -SOUTH OF 17TH COUNCIL OF THE CITY OF EAST OF ENGLISH - ADOPTED SANTA ANA EXTENDING THE TIME AT WHICH TENTATIVE PARCEL MAP NO. 1030 SHALL EXPIRE was adopte4unanimously 7:0, on the motion of Councilman Garthe, seconded by Councilman Brandt. CA 25 RESOLUTION NO. 78-117 A RESOLUTION OF THE CITY PERS AGREEMENT AMENDMENT COUNCIL OF THE CITY OF ADOPTED SANTA ANA STATING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE FOR CONTINUATION OF EMPLOYMENT BEYOND AGE 67 FOR MISCELLANEOUS MEMBERS was adopted on Councilman Garthe's motion, seconded by Councilman Brandt, carried 7:0 unanimously. CA 50.20 RESOLUTION NO. 78-106 Consideration of the follow- PROPERTY REHABILITATION COUNSELOR ing resolution was continued REFERRAL #24-78 - CONTINUED to the September 18 Council meeting on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Yamamoto: RESOLUTION NO. 78-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. S8-281 TO ADD THE NEW CLASS TITLE OF PROPERTY REHABILITATION COUNSELOR AUTHORIZED IN THE 1978-79 ANNUAL BUDGET FOR THE FEDERALLY-FUNDED PROPERTY REHABILITATION LOAN AND GRANT PROGRAMS. (Council Referral No. 24-78; referred to Staff August 21, 1978.) CA 50.1; CA 87; CA 140.20 PBA& FBA NEGOTIATIONS Following consideration SET FOR PUBLIC HEARING of letters dated August 25 from Stephen H. Silver, · Attorney representing the Police Benevolent Association and Firemen's Benevolent Association, stating that wage and salary netotiations have resulted in an impasse and requesting that such impasse be resolved in any or a11. of the following procedures, or any combination thereof: a) binding arbitration, b) advisory arbitration; c) fact finding, d) mediation; or, in the alterna- tive, that Council consider the dispute and make a final determ- ination on September 18, 1978, Council continued the matter for public hearing on September 18, 1978 at 7:50 P.M. and requested a report from Staff, on the unanimously carried 7:0 motion of Councilman Brandt, seconded by Councilman Ward. CA 50.1 STATE MANDATED COSTS On the unanimously CITY OF ADELANTO REQUEST approved 7:0 motion of SUPPORTED Councilman Ortiz, seconded by Councilman Ward, Council voted to support the City of Adelanto resolution establishing strong opposition to the lack of concern by the State of California for the impact of state mandated costs upon municipalities, requested by the City of Adelanto in a letter dated August 17, 1978, and requested Staff to prepare a report listing the costs which should be reimbursed but have not been,..and a resolution for Council action on September 18. CA 113 CITY COUNCIL MINUTES 373 SEPTEMBER 5, 1978 ANNUAL REPORT - PARAMEDIC ADVISORY COMMITTEE RECOMMENDATIONS SUPPORTED COMMITTEE DISBANDED ADVISOR APPOINTED- Council accepted the eight recommendations contained in the Emergency Medical Care Annual Report submitted by the Paramedic Advisory Committee dated August 7, 1978 in principle, and asked Staff to implement the emergency medical care recommendations, with cost factors to be considered individually at a later date, on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt. Councilman Brandt's motion to disband the Committee with thanks and appoint Betty Jo Elliott, Chairperson, as Emergency Medical Care Advisor, to make recommendations to Council regarding imple- mentation of the Committee's suggestions, was seconded by Council- man Ward, and carried 7:0 unanimously. CA 64.3 CETA TITLE I FUNDING PLAN On the unanimously approved OCTOBER 1, 1978 o SEPTEMBER 30, 1979 7:0 motion of Councilman APPROVED Ward, seconded by Council- man Bricken, Council took the following action recommended by Manpower Project Coordinator Keith E. Blunt in his report dated August 22, 1978: 1) Approved CETA Title I funding levels for programs identified on Table I for the period October 1, 1978 through September 30, 1979 (projected at $1,909,535); CA 131.11 Authorized the Mayor to execute CETA Title I Multipurpose Contract for $876,707 with the Orange County Manpower Commission for Manpower programs and services operated by the City; and A-78-97 3) Approved Appropriation Adjustment Request Nos. 22, 23, 24 and 25, to transfer money from anticipated revenue to the proper operating accounts. CA 65.3 LEAA GRANT Councilman Ward's motion APPROPRIATION ADJUSTMENT NO. 12 to approve Appropriation APPROVED Adjustment No. 12 establish- ''' ing a fund for the Joint Law Enforcement Burglary and Stolen Property Recovery Project with $400,000 funded by a Law Enforcement Assistance Administra- tion Grant was seconded by Councilman Brandt, and carried 7:0 unanimously. CA 6S.3 Approval was recommended in.;a.report dated August 18, 1978 prepared by Captain C. R. Miller, Police Department. HIRING FREEZE EXEMPTION REQUESTS The following hiring POLICE; PUBLIC WORKS; REC. & PARKS freeze exemptions, requested APPROVED in the reports dated August 17, August 28, and August 21, 1978, by Associate Engineer Quinn Moore, Director of Public Works John Stevens, and Senior Civil Engineer John Burk, respectively, Public Works Department; August 25, 1978 by Captain J. L. Dittman, Police Department; and Director of Recreation and Parks Robert E. Gresham, were approved as follows: CITY COUNCIL MINUTES 374 SEPTEMBER 5, 1978 Public Works: Engineering Draftsman, motion by Councilman Garthe, seconded by Councilman Brandt, carried 6:1, with Councilman Ward dissenting; Chief of Party - Engineering Division, motion by Councilman Garthe, seconded by Councilman Ward, carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting; Assistant Engineer, motion by Councilman Garthe, seconded by Councilman Ward, carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting. Police Department: Police Records Manager, motion by Councilman Brandt, seconded by Councilman Ward, carried 7:0 unanimously; Clerical Opera- tions Supervisor (Police Records Supervisor I), motion by Councilman Brandt, seconded by Councilman Ward, carried 6:1, with Mayor Evans dissenting; Five Typist-Clerks II, motion by Councilman Brandt, seconded by Councilman Ortiz, carried 5:2, with Councilman Yamamoto and Mayor Evans dissenting; Emergency Services Dispatcher, motion by Councilman Brandt, seconded by Councilman Garthe, carried unanimously 7:0. Recreation and Parks Department: Grounds Maintenance Man I, motion by Councilman Ward, seconded by Councilman Brandt, carried 6:1, with Mayor Evans dissenting. CA 50 USE OF CIVIC CENTER PLAZA Staff was authorized to STAFF AUTHORIZED request the Civic Center Commission's permission to more widely encourage. the use of the Plaza of the Sun in the Civic Center by local groups to present noontime activities Monday through Friday, recommended in the report prepared by Roy M, Ingalls, (Disaster Services Coordinator) who processes applications for use of public property for the City, on the unanimously approved ?:0 motion of Councilman Ward, seconded by Councilman Garthe. CA 77.11 MONTHLY EMPLOYEE VACANCY LIST The list of current RECEIVED & FILED vacancies in full-time positions, dated August 31, 1978 prepared by the Person- nel Department,'was received and filed on the unanimously carried 7:0 motion of Councilman Ward, seconded by Councilman Brandt. There are 72 vacancies. CA S0 MUNICIPAL ELECTION 1979 On the recommendation of MARCH 6, 1979 ~ DATE FIXED Clerk of the Council CONSOLIDATION APPROVED Florence I. Malone in a report dated August 31, 1978, Council fixed the date for the 1979 Municipal Election for March 6, 1979 to be consolidated wit~ the elections for the Santa Ana Unified School District and the Rancho Santiago College District, conducted by the Orange County Registrar of Voters, on Councilman Garthe's motion, seconded by Councilman Ward, carried unanimously 7:0. CA 68 PERSONNEL BOARD SUMMARY OF ACTIVITIES RECEIVED & FILED Council by Richard Grace, the unanimously approved seconded by Councilman Yamamoto. The.report of activities of the Personnel Board for fiscal years 1976-77 and 1977-78, submitted to Chairman, was received and filed on 7:0 motion of Councilman Brandt, CA 50.7 CITY COUNCIL MINUTES 375 SEPTEMBER 5, 1978 AGENDA ORDER Item 66 on the Agenda. MOTORCYCLE RACES AT STADIUM was considered next in EXTENSION OF AGREEMENT order so that Councilman CONDITIONALLY APPROVED Garthe, who had to leave the Council meeting early, could participate in the presentation, discussion and vote on this item. By letter received August 29, 1978, Louis Kossuth, Producer of the speedway motorcycle races at Eddie West Field - Santa Aha Stadium, requested an amendment to the existing agreement to schedule a final World Qualifier Race in the Stadium in Novem- ber 1978. The request was referred to Staff by Council on August 29, 1978. Leisure Services Manager William Palethorpe stated that Mr. Kossuth had complied with the terms of the agreement approved by Council on May 1S, 1978; that the end of the term of the agreement is September 16, 1978; that on August 31 the Recrea- tion and Park Department staff and Mr. Kossnth had met with School District representatives who use the field for football games, and they were totally opposed to leaving the track intact until the World Qualifier Race; that Staff had met again with Mr. Kossuth on September 1 and had worked out two other alternatives: that the producer sod the corners and six feet into the endzon~; that the producer grade and sod the corners and endzone, leaving balance in'dirt; and they were being brought to Council for consideration although the con- tractor naturally prefers to leave the field as is. During the Council Discussion which followed, Councilmen reiter- ated their support for maximum use of the~Stadium by events which pay their own user expenses; and expressed recognition of the City's responsibility to the schools because of advance schedul- ing of football games. Louis G. Kossuth, 313 Saint Crispen Street, Brea, producer of the motorcycle races, stated that he has cooperated with the City in every respect; that he would continue to do so; that he anticipates a bigger racing season next year; and that he believes that grading and sodding the corners and endzone, leaving the balance in dirt, would be a fair situation. Buzz McKnight stated that restoring the field to playing condi- tion for conditioned athletes would not be sufficient for young school players; that the endzones are not engineered with drains, and unless the dirt is removed it will drain' down on the goal line; and that the school district users strongly recommend re- moval of the dirt and full restoration of the field. Councilman Ward's motion to confirm the original agreement was seconded by Councilman Bricken, and failed to carry 3:4, with Councilmen Brandt, Garthe, Yamamoto and Mayor Evans dissent- ing. The motion of Councilman Brandt, seconded by Councilman Garthe, to approve grading and sodding the corners and endzone, leaving the balance in dirt, carried 4:3, with Councilmen Ward, Yama- moto and Bricken dissenting. A subsequent motion by Councilman Brandt, to offer to sell the bowl to a qualified buyer, was seconded by Councilman Ortiz, and failed to carry 2:4, with Councilmen Ward, Yamamoto, Bricken and Mayor Evans dissenting. CA 52.8 Prior to the vote on the final motion on the foregoing item, Councilman Garthe left the Council Chambers at 2:50 P.M. CITY COUNCIL MINUTES 376 SEPTEMBER 5, 1978 COUNCIL MEETING DATES Following consideration 4TH TUESDAY MEETING of a suggestion by Acting DISCONTINUED City Manager Keith L. Gow contained in a memo to Council dated August 28, 1978, that Council might wish to change its meeting dates from first and third Mondays to first and third Tuesdays of the month to permit additional time for review of Council packet materials, a motion was made by Councilman Bricken, seconded by Mayor Evans, to eliminate the fourth Tuesday of the month meeting, and hold the Community Redevelop- ment Agency, and Housing Authority meetings in conjunction with the regular Monday Council meetings, carried 6:0 unanimously. A prior motion by Councilman Brandt, seconded by Mayor Evans, to change the Council meeting dates to the first and third Tuesday each month and hold Agency and Authority meetings on alternate Tuesdays failed to carry by a $:3 vote, with Council- men Ward, Yamamoto and Bricken dissenting. Discussion of a change of meeting nights from the first and third Monday to the first and third Tuesday, was continued until after the March 1979 Municipal Election, on the unanimously approved 6:0 motion of Mayor Evans, seconded by Councilman Brandt. CA 80 PERSONNEL BOARD HEARING FINDINGS & CONCLUSIONS ROBERT CARO - RECEIVED & FILED received and filed the Personnel Conclusions in the matter of the by the Director of Personnel on August Section 1008 of the City Charter. On the unanimously approved 6:0 motion of Councilman Brandt, seconded by Coun- cilman Ortiz, Council Board Hearing - Findings and Request of Robert Caro, submitted 30, in accordance with CA S0.SA "SANTA ANA INFORMATION DAYS" Council authorized the SOLICITATION OF FUNDS Public Information Officer AUTHORIZED to solicit and accept donations from City Ser- vice Organizations to finance publicity and other costs incurred in implementing the program and to deposit funds in an appro- priate account at the discretion of the Director of Finance, on the motion of Councilman Ward, seconded by Councilman Brandt, and carried 4:2, with Councilmen Yamamoto and Ortiz dissenting. The action was in accordance with the recommendation contained in a report on the matter dated August 29 and prepared by Public Information Officer Frank Blaszcak CA 1S1 ENFORCEMENT PROGRAM SALES & S~nior Planner William STORAGE OF VEHICLES: GARAGE SALES Daugherty reported on ORAL REPORT - NO ACTION the current enforcement program regarding vehicles for sale, garage sales and vehicle storage in front yards in residential districts. Using a pin map, he explained that the pins represented 91 violations for vehicle parking in fron't yard setbacks and 19 garage sales violations; that informational handouts regarding the Code violations had been distributed to residents and that there has been a noticeable improvement, particularly along McFadden between Bristol and Flower Streets. ORAL COMMUNICATION Mayor Evans reminded Council CITIZENS TASK FORCE - CITY SERVICES that each Councilman was RECOMMENDATIONS FOR APPOINTMENT asked to select two appointees to the Citizens Task Force for City Services recommendations (Council Action on July 17, 1978) and asked the Clerk to distribute a list of the recommenda- tions for appointment received to date to each Councilman. Recommendations are due for nomination by Council at the Septem- ber 18 meeting. CITY COUNCIL MINUTES 377 SEPTEMBER S, 1978 EXECUTIVE SESSION At 3:20 P.M. Council recessed LEGAL MATTERS for an Executive Session to DINNER RECESS consider legal matters; at 4:20 P.M. Council reconvened with the same members present, and immediately recessed for dinner at the Black Angus restaurant. The meeting was re- convened for the evening Agenda at 7:35 P.M., with all Council- men present. INVOCATION PLEDGE OF ALLEGIANCE Madelay Trinity Methodist Church. Following the Pledge of Allegiance to the Flag, the Invocation was given by Pastor Albert Stefan, PRENTICE PARK ACQUISITION On behalf of the City, ORANGE COUNTY REVENUE SHARING Councilman Garthe grate- FUNDS ACCEPTED fully accepted, from Supervisor Philip Anthony, an Orange County Revenue Sharing check in the amount of $131,000, to be used for the expansion of Prentice Park. The Supervisor commented that there was no better purpose for federal monies than permanent capital improvements for the people's use and enjoyment. RECOGNITION OF PACIFIC Councilman Brandt presented OUTDOOR ADVERTISING PRESENTED to Jay Kingry a City tile for his personal effort in coordinating the bill- board advertising of the Community Oriented Policing (COP) Program, along with a proclamation commending his organization, Pacific Outdoor Advertising, for its outstanding contribution of 45 COP billboards placed throughout the City. OATH OF OFFICE The Clerk of the Council RODGER D. RAMSEYER administered the Oath of ADMINISTERED Office to Rodger D. Ramseyer, newly appointed member of the Human Relations Commission/Housing Advisory Commission. PUBLIC HEARING NEGATIVE DECLARATION ikMENDMENT APPLICATION NO. 800 ORDINANCE NS-1453 PLACED ON FIRST READING No. 800, filed by William Papineau, Mayor Evans announced that this was the time and place for the public hearing of Negative Declaration and ~kmendment Application to rezone property at 5016 West Fifth Street from the A1 (General Agriculture) District to the R2 (Multiple Family Residence) District, or a more restrictive district. Senior Planner William Daugherty, taking excerpts from the Plan- ning Department report dated August 15, 1978, stated that the Planning Commission had unanimously recommended approval of the 'ikmendment Application on August 14, 1978 because the property is within a neighborhood presently in transition from older single-family residences to medium density residential; that the proposed zoning conforms to development in the area as well as to the General Plan and would not be detrimental to the surrounding area. There were no proponents, opponents or speakers who responded to the Mayor's request for comments and he closed the public hearing. Council approved and filed the Negative Declaration, placed the following ordinance on first reading and authorized publication of its title, on the unanimously approved 7:0 motion of Council- CITY COUNCIL MINUTES 378 SEPTEMBER 5, 1978 man Yamamoto, seconded by Councilman Ortiz. PUBLIC HEARING WATER RATE STUDY AND WATER CONSERVATION STATUS REPORT, 1978-79 RESOLUTIONS 78-118, 78-119, 78-120 ADOPTED Mayor Evans announced that this was the time and place for the public hearing to consider a proposed in- crease in water rates and related fees. Director of Public Works John Stevens, summarized the report dated August 29, 1978, prepared by Walter Schraub. He stated that a small customer using 1,000 cubic feet of water or less in a two-month period will have a 20 cent increase from $4.00 to $4.20 for a 5% increase; that average residential customers, using 4,000 cubic feet in a two month period, will have a $1.40 increase from $15.40 to $16.80 for a 9.1% increase; that middle range customers, using 50,000 cubic feet in a two-month period, will have a $27.80 increase from $166.20 to $194.00 for 16.7% increase; and that large water customers, using 100,000 cubic feet in a two-month period, will have a $57.80 increase from $326.20 to $384.00 for 17.7% increase. There were no proponents, opponents or speakers and Mayor Evans closed the public hearing. The following resolutions were adopted on the unanimously approved 7:0 motion of Councilman Ortiz, seconded by Councilman Brandt: RESOLUTION NO. 78-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING CHARGES FOR THE IN- STALLATION OF THE NEW WATER MAINS AND FRONT FOOTAGE CHARGES FOR CONNECTION TO EXISTING WATER MAINS FOR WHICH NO PAYMENT HAS PREVIOUSLY BEEN MADE AND REPEALING RESOLUTION 77-77. RESOLUTION NO. 78-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING CHARGES FOR WATER SERVICE INSTALLATION AND REPEALING RESOLUTION NO. ??-?8. RESOLUTION NO. 78-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FIXING WATER RATES AND STANDBY SERVICE CHARGES AND REPEALING RESOLUTION NO. ??-?9. RESTROOMS IN BIRCH PARK Petitions containing 151 PETITIONS FILED AND REFERRED signatures, requesting TO STAFF additional restroom facilities for Birch Park, signed by residents of Santa Ana Towers and other seniors who utilize the Santa Ana Senior Center, were received and referred to staff for report and recommendation on the unanimously carried 7:0 recommendation of Councilman Brandt, seconded by Councilman Ortiz. Prior to the motion, the following persons spoke in support of the petition request: Mark Vogel, 1803 South Cypress Cecilia Omera, 12700 Newport Avenue, Tustin, the Santa Ana Senior Center Marie Jaeger, a resident of the Towers representing The proponents stated that originally a bandstand and toilet CITY COUNCIL MINUTES 379 SEPTEMBER 5, 1978 facilities had been planned for the southeast corner of Birch Park as a compliment to the Senior Center; that the toilet facilities have become a necessity now because the facilities in the Center:are used and abused to such an extent by transients who frequent the park area. MEAD HOUSING REPLACEMENT Discussion and action on PLAN CONTINUED TO SEPTEMBER I8 the report dated August 30 and prepared by Doris Felman, Deputy City Attorney, recommending implementation of the Mead Housin~ Replacement Plan. was continued to September 1% 1978, on the unanimously approved 7:0 motion of Councilman Ortiz, seconded by Councilman Garthe. BID CALL PROJECT 7074 Council approved the plans AUTHORIZED and specifications and authorized advertisement for bids on the following, on the unanimously approved 7:0 motion of Councilman Yamamoto, seconded by Councilman Brandt: Project 7074, .Parking Lot Improvements at Bowers Museum. ORAL COMMUNICATIONS WATER Mr. Van Smoot, 2101 South QUALITY IMPROVEMENT SUGGESTIONS Parton, stated that the City's water was a very poor quality, containing sand and other impurities picked up on its way down from Prado Dam; that a lot of residents' money could be saved if MWD and OCWD serviced the water needs of the city because there is so much damage now to valves, pipes and water heaters that could be eliminated by the better quality they could provide. ORAL COMMUNICATIONS LULAC Acting on the recommendation SECOND CONSENT DECREE AND of the City Attorney, FINAL JUDGMENT APPROVED contained in his memorandum to City Council dated August 25, 1978, the Council authorized the City Attorney to enter into a second consent decree and final judgment for the League of United Latin American Citizens case, on the unanimously approved 7:0 motion of Councilman Garthe, seconded by Councilman Ward. ORAL COMMUNICATIONS CITY'S Councilman Garthe suggested WATER QUALITY DEFENDED that the Director of Public Works present the other side of the City's dater story; Mr. Stevens responded that the City's water is hard but it meets federal water quality standards developed for use throughout the nation; and that the quality is improving due to the blending-in of Feather River Water. ADJOURNMENT The meeting was Adjourned at 8:20 P.M., on the unanimously approved 7:0 motion of Councilman Yamamoto, seconded by Councilman Ortiz. CITY COUNCIL MINUTES FLORENCE 'I. MALONE CLERK OF THE COUNCIL 380 SEPTEMBER S, 1978