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HomeMy WebLinkAbout02-05-1979MINLrI]iS OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 5, 1979 The meeting was called to order at 2:10 p.m. in the City Council Chambers, 22 Civic Center Plaza, by Mayor Vernon S. Evans. ROLL CALL PRESENT: ABSENT: OTHE~ PRESENT: David Brandt, Gordon Bricken, Vernon Evans, John Garthe, David Ortiz, James Ward, Harry Yamamoto None Acting City Manager/City Attorney Keith Gow; Clerk of the Council Diedre Lingenfelter; members of the staff and press. PLEDGE OF ALLEGIANCE INVOCATION Following the pledge of allegiance to the flag, the invocation was given by Councilman Bricken. RECESS HOUSING AUTHORITY present. At 2:14 p.m. Council recessed to convene the regular meeting of the Housing Authority. Council recon- vened at 2:16 p.m. with all members CONSENT CALENDAR Item 12A was removed from the Con- ITEM Rt24OVED, DISSENTING sent Calendar by Yamamoto. Dissent- VOTES & ABSTENTION lng votes were registered on Items 4E, 4F, 4G, 4H by Bricken; Items 4A, 4D by Yamamoto; Items 4H, SA, 5E by Ward; Items 4D, 5F by Evans. Ward abstained on Item 12F. CONSENT CALENDAR STAFF REC0~NDAT IONS APPROVED MOTION was made by Brandt, seconded by Garthe, to approve the staff recomnendations on the following Consent Calendar items: AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None MINUTES Approved the Minutes of the adjourned regular meeting of January 8, 1979, and the regular meeting of January 15, 1979. BID CALLS Approved plans and specifications, and authorized advertisement for bids on the following: SPEC 78-043 - Truck mounted with air compressor (replacement). SPEC 79-001 - Van for Training Division of Fire Department (replacement). SPEC 79-004 - One animal control vehicle (replacement). SPEC 79-005 - Five automobiles for use as unmarked police cars (replacements). PROJECT 6145-A - Site clearance and debris removal at La Bonita Park. PROJECT 7217 - Curb and sidewalk reconstruction - South Central Conmunity Improvement area. CITY COUNCIL MINUTES 33 FEBRUARY 5, 1979 CONSENT CALENDAR STAFF RECO~ATIONS APPROVED - Continued PROJECT 8161 - Sanitary sewer in Washington Avenue from Flower Street to Ross Street. CA 89 Approved plans and specifications, and ratified notice inviting bids on the following: PROJECT 7113 - Phase I construction, Fire Station No. 4. BID AWARDS Awarded the following bids on the basis of being the lowest responsible and responsive bidder: SPEC 78-020 - Fourteen patrol sedans; awarded to Crenshaw Motors, Los Angeles, in the amount of $91,637.00. PROJECT 8168 - Installation of standby air conditioning system for computer room; awarded to Air Conditioning Systems, Inc., La Habra, in the amount of $21,760.00. CA 89 Rejected all bids and authorized readvertisement for bids with a revised specification on the following: SPEC 78-024 - Multichannel logging recording system. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report of the following: H~NSHAW, William D. - 2734 North Bristol - Person-to-person transfer - Type "21" off-sale general. Yamamoto registered a NO vote. (Agenda Item 4A) VIOLA, Emil F. - 2307 South Bristol, #B - Person-to-person transfer - Type "41" on-sale beer and wine (bona fide public eating place). LIN, Bih-Mei - 2610 West Edinger, #B - Person-to-person trans- fer - Type "41" on-sale beer and wine (bona fide public eating place). SOUTHLAND ENTERPRISES - 101 North Harbor - Person-to-person transfer - Type "20" off-sale beer and wine. Evans and Yamam~to registered NOvotes. (Agenda Item 4D) OCL, INC. - 1430 West First - Incorporation - Type "21" off-sale general. Bricken registered a NO vote. (Agenda Item 4E) OCL, INC. - 116 North Main - Incorporation - ~ype "21" off-sale general. Bricken registered a NO vote. (Agenda Item 4F) CA 146 JODALE FOOD SERVICES, INC. - 1730 East 17th Street - Original - Type "41" on-sale beer and wine (public eating place). PROTEST - PLANNING. Bricken registered a NOvote. (Agenda Item 4G) CA 146.1 HEP, LEU, INC. - 2431 North Tustin - Original - Type "47" on-sale general (bona fide public eating place). Bricken and Ward registered NO votes. (Agenda Item 4H) ENGLISH, Richard - 828 North Broadway - Premises-to-premises transfer - Type "47" on-sale general (bona fide public eating place). CAGNOLO, Antonio and HOWARD, ~ark - 3800 South Plaza Drive, #E-1 premises-to-premises transfer - Type "47" on-sale general (bona fide public eating place). CA 146 CITY COUNCIL MINUTES 34 FEBRUARY 5, 1979 CONSENT CALENDAR STAFF RECC~4MENDATIONS APPROVED - Continued VARIANCES & MINOR Approved and filed the Negative EXCEPTION Declarations or Notice of Exemption, as applicable, and Findings of Fact by Planning Commission or Zoning Administrator on the following: NEGATIVE DECLARATION & VA 78-51 - Filed by Ray Moore Holding Company to expand the parking facilities for an office build- ing approved by Variance 1083 at 2800 North Farmers Drive in the Ri District. APPROVED. Ward registered a NO vote. (Agenda Item SA) NEGATIVE DECLARATION & VA 78-64 - Filed by Donald Krotee to construct eight duplexes and four single family residences on a lot which is over one-half acre in size at 3905 West Hazard Avenue in the R2 District. APPROVED NEGATIVE DECLARATION & VA 78-66 - Filed by Heritage Development Company to permit a restaurant and office-related commercial use, waiving a portion of the height setback requirement of Height District I, at 600 West Fourth Street in the CD and C2 Districts. APPROVED NEGATIVE DECLARATION & VA 78-17 - Filed by Foster & Kleiser to construct an off-premise bulletin sign at 1602 North Harbor Boulevard in the C2 District. APPROVED. Ward registered a NO vote. (Agenda Item 5E) CA 13 NOTICE OF EXt{~PTION & EX 78-44 - Filed by Ronald G. Coss to allow on-sale beer and wine in an existing racquet ball club (Santana Courts Raquethall Club) located within 300 feet of residences at 145 East Columbine Street in the Mi District. APPROVED. Evans registered a NO vote. (Agenda Item 5F) CA 13.2 Adopted the Draft Environmental Impact Report, all written materials pertaining thereto and all verbal comments as the Final Environmental Impact Report and certified that it has been completed in compliance with CEQA and the City's rules and regulations and that the Council has reviewed and considered the information contained therein, as follows: ENVIROh~4ENTAL IMPACT REPORT & VA 78-52 - Filed by Robert D. Mickelson to waive the required front setbacks; to allow sub- standard parking stall widths and non-integrated parking areas, and to waive a portion of the required landscaping at 1633 East Fourth Street in the LP District. APPROVED ~DIFIED PROPOSAL GA 13 TENTATIVE PARCEL MAP Approved and filed the Negative Declaration, approved Parcel Map 1096, subject to conditions con- tained in Planning Director's report, and waived alley requirement: NEGATIVE DECLARATION & PARCEL MAP 1096 - Filed on December 27, 1978, by Whitmore Homes, Inc. creating three Ri parcels; all proposed parcels to be used for residential purposes; generally located on the north side of Fifth Street, 282' west of Rosita Street. GA 25 FINAL PARCEL/TRACT MAPS Approved the following final map and accepted the dedications thereon: PARCEL MAP 1066 - Northwest corner of Bristol Street and Warner Avenue; 6 lots. GA 25.2 CITY COUNCIL MINUTES 35 FEBRUARY 5, 1979 CONSENT CALENDAR STAFF RECO~B~2~DATIONS APPROVED - Continued Approved the following final map, accepted the dedications thereon, the bonds in the amounts set, and authorized execution of the sub- division agreement: TRACT MAP 10558 ~ North side of McFadden Avenue, west of Newhope Street; 12 lots. CA 24 COMPLETION OF IMPROVEMENTS Authorized release of performance, monument, labor and material bonds on the following: TRACT 9409 ~ Twenty-first Street and Grand Avenue. CA 24 AGRE]~F_.NTS Approved the following agreements and authorized their execution by the Mayor and Clerk: PERRIER PAR COURSE - Between City and Great Waters of France, Inc. (Perrier) to donate a complete 18-station par-course design package for Thornton Park. A~79-12 UPDATE MASTER PLAN OF SANITARY SEWER FACILITIES - Between City and Boyle Engineering Corporation for engineering services to provide an update of the City's master plan for sanitary sewer facilities. A-79-13 b~JSEUMPROPERTY~IkNAGEMENT &MAINTENANCE - Between City and Bowers Museum Foundation for management and maintenance of properties acquired by the City for the expansion of the Museum and to establish a trust account for revenues to be held or invested for the benefit of the Museum. A-79-14 CENTENNIAL PARK DEVELOtB~NT - Between City and Orange County Harbors, Beaches and Parks District specifying disposition of the Land and Water Conservation Grant Funds and specifying responsibility for water main and drainage assessment fees. A-79-15 SIGN RF~,~VAL - Between City and Harlequin Dinner Playhouse to remove after three years a sign approved under CUP 78-25 for construction on /IMF property immediately south of the theater. Ward ABSTAINED from voting. (Agenda Item 12F) A-79-16 HYLAND AVENUE STOP44 DRAIN ~ Between City, Orange County Flood Control District and the City of Costa Mesa for construction of the Hyland Avenue Storm Drain. A-79-17 LIABILITY CLAIMS Referred to administration liability claims received from January 9 through January 29, 1979. CA 65.7b COUNCIL REFERRAL SblvBI~RY Received and filed status report of matters referred to staff by Council. CA 80.2 * * * * * * * * * * * * CONSENT CAI,F,N'DAR FINIS * * * * * * * * * * * * AGREIB~ENT ~ MOTORCYCLE RACING AT MUNICIPAL STADIUM MOTION was made by Brandt, seconded by Ward to continue consideration of the subject agreement to the evening session: AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None A~79-5 CITY COUNCIL MINUTES 36 FEBRUARY 5, 1979 ORDINANCE NO. NS- 1466 ANIMAL CONTROL SECOND READING; ADOPTED MOTION was made by Ward, seconded by Bricken, to place on second read- ing and adopt the following ordinance: ORDINANCE NO. NS-1466 - An ordinance of the City Council of the City of Santa Ana amending Sections 5-1 through 5-67 of the Santa Ana Municipal Code relating to animal control. AYES: Brandt, Bricken, Evans, Garthe, Ward NOES: Ortiz, Yamamoto CA 95 ORDINANCE NO. NS-1470 OFF-STREET PARKING/STORAGE OF PERSONAL PROPERTY - CONTINUED TO MARCH 19, 1979 MOTION was made by Brandt, seconded by Ward, to continue consideration of proposed Ordinance No. NS-1470 to March 19, 1979. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 10.1 RESOLUTION NO. 79-9 HONORING MRS. WESTON WALKER ADOPTED MOTION was made by Brandt, seconded by Garthe, to adopt the following resolution: RESOLUTION NO. 79-9 - A resolution of the City Council of the City of Santa Ana honoring Mrs. Weston Walker. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 73 b RESOLUTION NO. 79-11 ~ AUTHORIZING CITY MANAGER TO EXEO3I~ CERTAIN CONTRACTS - CONTINUED TO FEB. 20 MOTION was made by Brandt, seconded by Garthe, to continue consideration of Resolution No. 79-11 to February 20, 1979. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 79 RESOLUTION NO. 79-21 ACCEPTING TECATE, MEXICO, AS SISTER CITY - ADOPTED MOTION was made by Bricken, seconded by Ortiz, to adopt the following resolution: RESOLUTION NO. 79-21 - A resolution of the City Council of the City of Santa Ana, California, accepting the City of Tecate, Mexico, as a sister city of the City of Santa Ana, California, United States of America. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 67 RESOLUTION NO. 79-22 FEES FOR CITY COUNCIL TAPES & WILD ANIMAL PERMITS - CONTINUED TO FEB. 20. MOTION was made by Garthe, seconded by Brandt, to continue consideration of Resolution No. 79-22 to February 20, 1979. AYES: NOES: None RESOLUTION NO. 79-23 POLICE RECORDS SUPERVISOR I & II ADOPTED Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto 95 MOTION was made byWard, seconded by Brandt, to amend Resolution No. 58-281 to add the new class of Police Records Supervisor II. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 50.1 CITY COUNCIL MINUTES 37 FEBRUARY 5, 1979 MOTION was made by Brmndt, seconded by Garthe, to change the class title of Clerical Operations Supervisor to Police Records Supervisor I and adjust the assigned salary rate. AYES: Brandt, Evans, Garthe, Ortiz NOES: Bricken, Ward, Yamamoto CA 50.1 MOTION was made by Brandt, seconded by Garthe, to approve the classification specification for Police Records Supervisor II and adopt the following resolution: RESOLUTION NO. 79-23 - A resolution of the City Council of the City of Santa /Ina amending Resolution No. 58-281 to add the new class of Police Records Supervisor II and to change the class title of Clerical Operations Supervisor to Police Records Supervisor I and adjust the assigned salary rate. CA 50.1 RESOLUTION NO. 79-24 MOTION was made by Ward, seconded RELOCATION & PROPERTY MANAGE- by Bricken, to approve the classi- MENT SPECIALIST - ADOPTED fication specification for Reloca- tion and Property ~lanager, Reloca- tion Specialist and Property bl%nagement Specialist; and adopted the following Resolution No. ?9-24. RESOLUTION NO. 79-24 - A resolution of the City Council of the City of Santa Ana amending Resolution No. 58-281 to add the new classes of Relocation and Property Manager, Relocation Specialist and Pro- perty Management Specialist. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward Yamamoto CA 50.1 RESOLUTION NO. 79-25 - AUTHORIZING SETTLEMENT - MARTINEZ V CITY ADOPTED MOTION was made by Garthe, seconded by Brandt, to adopt the following resolution: RESOLUTION NO. 79-25 - A resolution of the City Council of the City of Santa Ana authorizing settlement of a certain action for damages against the city. (Martinez v. City, Superior Court Case No. 28-50-06) AYES: Brandt, Evans, Garthe, Ortiz, Ward, Yamamoto NOES: Bricken CA 139 RESOLUTION NO. 79-26 VACATION - VAN NESS AVE. REPEALING RES. NO. 79-12 - ADOPTED MOTION was made by Ward, seconded by Garthe, to adopt the following resolution: RESOLUTION NO. 79-26 - A resolution of the City Council of the City of Santa Ana vacating a portion of Van Ness Avenue between Third Street and Santa Ana Boulevard, Street Abandonment No. 92; and repealing Resolution No. 79-12. AYES: NOES: Brandt, Bricken, Evans~ Garthe, Ortiz, Ward, Yamamoto None CA 14 RESOLUTION NO. 79-27 VACATION - BIRCH ST. REPEALING RES. NO. 79-13 - ADOPTED MOTION was made by Brandt, seconded by Ward, to adopt the following resolution: RESOLUTION NO. 79-27 - A resolution of the City Council of the City of Santa Ana vacating a portion of Birch Street between Fifth Street and Santa Aha Boulevard, Street Abandonment No. 93; and repealing Resolution No. 79-13. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 14 CITY COUNCIL MINUTES 38 FEBRUARY 5, 1979 REQUEST FOR USE OF CRA PROPERTY MOTION was made by Garthe, seconded FOR VOTER REGISTRATION by Brandt, to deny the request by DENIED Jack Roland, a candidate for election to the City Council, in his letter dated January 29, 1979, to use Com~mmity Redevelopment Agency property located at 420 West Fourth Street until the April 3, 1979 general ~panicipal election for the purpose of registering voters. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 68 CHILDREN'S ZOO DEVELOPMENT Following comnents by Mildred Cobb, PROPOSAL - APPROVED 2118 North Richmond, and Marie Mayo, 1381 Hewes, and in response to a letter dated January 31, 1979, from the Friends of the Children's Zoo, proposing that the City join with the Friends in a cooperative venture to move the "Sedoris House" from City property adjacent to Prentice Park to a site close to the Children's Zoo, to be used for zoo administration and maintenance, MOTION was made by Garthe, seconded by Brandt, to approve the proposal and direct staff to proceed with implementation. Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 52 COUNCIL ON DEAFNESS REQUEST MOTION was made by Bricken, seconded REFERRED TO STAFF by Brandt, to refer to the City Manager the request from the Greater Los Angeles Council on Deafness, Inc., in a letter dated January 11, 1979, for an opportunity to make a brief presentation to the Council about its program. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA9.4 REQUEST FOR SUPPORT OF STATE In response to the letter from CONSTITUTIONAL ANMNDMENT RE Senator Alan Robbins dated January 8, BUSING - REFERRED TO STAFF 1979, MOTION was made by Brandt, seconded by Ortiz, to direct the City Attorney to prepare a resolution in support of State Constitutional Amend- ment No. 2 to end inter-district compulsory busing of school children in California. AYES: Brandt, Bricken, Evans, Garthe, Ortiz CA 113 NOES: Ward, Yamamoto CA 38 REQUEST FOR CONTRDL OF CROWING Following the oral presentation ROOSTERS - REFERRED TO STAFF of Shirl Baxter, 625 South Center, expressing her objections to the noise from crowing roosters in her neighborhood, MOTION was made by Yamamoto, seconded by Brandt, to refer the matter to staff for report to Council in ninety days. AYES: Brandt, Garthe, Ward, Yamamoto NOES: Bricken, Evans, Ortiz CA 95 JOINT WELL FIELD PROJECT Neil Cline, Secretary Manager, JOINT POWERS AGREEMENT Orange County Water District, REFERRED TO STAFF stmmarized the information contained in his letter to Council dated December 29, 1978, and urged Council to approve participation by the City in the Joint Well Field Project. Included in the joint venture proposal for the Project are the Orange County Water District, the cities of Irvine, and Costa Mesa, and perhaps East Orange County Water District and Newport Beach. CITY COUNCIL MINUTES 39 FEBRUARY 5, 1979 Following staff co~ents and Cotmcil discussion, MOTION was made by Garthe, seconded by Bricken, to authorize City's participation in the Joint Well, Field Project, and to refer the matter to the City Attorney for preparation of a draft joint powers agreement for Council consideration. AYES: Brandt, Bricken, Ortiz, Yamamoto NOES: Evans, Ortiz, Ward CA 12 TUSTIN-SANTA CLARA DETACqqENT MOTION was made by Ward, seconded EAST ORANGE COUNTY WATER DISTRICT by Ortiz, to receive and file the STATUS REPORT - RECEIVED & FILED status report prepared by the Public Works Department, dated January 26, 1979, regarding the detachment of the Tustin-Santa Clara area from the East Orange County Water District. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 12 AGREEMENT - ARCHITECTURAL PLANS MOTION was made by Ward, seconded ~OWERS ~41SEUM EXPANSION by Brandt, to authorize staff to STAFF NEGOTIATION - AUTHORIZED negotiate an agreement with Ralph Allen Partners, Architects, to produce refined conceptual architectural plans, studies and related materials for support of fund-raising activities for the construction and operation of the Bowers Museum Building Expansion Project, as recom- mended in the Museum Director's report dated January 23, 1979. AYES: Brandt, Bricken, Garthe, Ortiz, Ward, Yamamoto NOES: Evans CA 85 lAYOFF RULES & REGULATIONS MOTION was made by Ward, seconded REFERRED TO PERSONNEL BOARD by Brandt, to receive and file the Assistant City Attorney's report dated January 22, 1979, regarding preparation of layoff rules and regulations, and to refer the report to the Personnel Board for reconmendation to Council for consideration on May 21, 1979. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 50 POST OFFICE NOISE MOTION was made by Brandt, seconded STATUS REPORT by Ortiz, to receive and file the RECEIVED & FILED status report prepared by the Conmmnity Relations Department, dated January 19, 1979, regarding the noise level at the main postal facility located at 2201 North Grand Avenue. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 145.4 PAYMENT FOR NEW STREET LIGHTS MOTION was made by Brandt, seconded CD BLOCK GRANT FUNDS by Yamamoto to continue considera- CONTINUED TO FEBRUARY 20 tion of approval of the advance payment deposit to Southern California Edison Company for new street lights in the south central and southwest areas of the City to February 20, 1979. AYES: NOES: 'Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 29.3 REPlACEMENT HOUSING PROJECT Following the request of Helen LOGAN AREA Moraga, speaking for the Logan Aroa CONTINUED TO EVENING AGENDA residents, HOTIONwas made by Bricken, seconded by Ortiz, to continue consideration of the Logan Area Housing Replacement Program to the evening agenda. AYES: NOES: Brandt, Bricken, Garthe, Ortiz Evans, Ward, Yamamoto CA 78.6 CITY COUNCIL MINUTES 4O FEBRUARY 5, 1979 HIRING FREEZE EXI~ION REQUESTS Thefollowing motions were made in response to hiring freeze exemption requests from various City departments: MOTION was made by Ward, seconded by Garthe, to grant the hiring freeze exen~ption requested by the Building Safety and Housing Department, and authorize the filling of one Steno ClerkI position. AYES: NOES: Brandt~ Evans, Garthe, Ward Bricken, Ortiz, Yamamoto CA 5O MOTION was made by Ward, seconded by Garthe, to grant the hiring freeze exemption requested by the Building Safety and Housing Department, and authorize the filling of one Account Clerk I (replacementJ position. AYES: NOES: Brandt, Evans, Garthe, Ward Bricken, Ortiz, Yamamoto CA 5O ~DTIONwas made by Ward, seconded by Garthe, to grant the hiring freeze exemption requested by the Building Safety and Housing Department, and authorize the filling of one Plumbing Inspector position. AYES: NOES: Brandt, Evans, Garthe, Ward Bricken, Ortiz, Yamamoto CA 5O MOTION was made by Ward, seconded by Brandt, to grant the hiring freeze exemption requested by the Building Safety and Housin$ Department, and authorize the filling of one Building Inspector poslt~on. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ward Ortiz, Yamamoto CA 5O MOTION was made by Ward to grant the hiring freeze exemption requested by the Manpower Division of the Community Relations Department, and authorize the filling of one Accountant II position. The motion did NOT receive a second. No further action was taken. CA 5O MOTION was made by Ward, seconded by Garthe, to grant the hiring freeze exemption requested by the Comnmmity Relations Department, and authorize the filling of one Typist Clerk II position. AYES: Brandt, Bricken, Evans, Garthe, Ward NOES: 0rtiz, Ymnamoto CA 50 MOTION was made by Ward, seconded by Brandt, to grant the hiring freeze exemption requested by the Libra, and authorize the filling of one Library Page position in the~ine Unit of the Reference Section. AYES: NOES: Brandt, Garthe, Ward Bricken, Evans, Ortiz, Yamamoto Motion FAILED to pass. CA 5O MOTION was made by Ward, seconded by Brandt, to grant the hiring freeze exemption requested by the Planning Department, and authorize the filling of one Planning Technician position. AYES: Brandt, Evans, Garthe, Ward NOES: Bricken, Ortiz, Yamamoto CA 50 MOTION was made by Garthe, seconded by Brandt, to grant the hiring freeze exemption requested by the Police Department, and authorize the filling of two ParkingControl Officer positions. CITY COUNCIL MINIffES 41 FEBRUARY 5, 1979 HIRING FREEZE EX--tON REQUESTS - Continued AYES: Brandt, Evans, Garthe, Ward NOES: Bricken, Ortiz, Yamamoto CA 50 NDTION was made by Brandt, seconded by Garthe, to grant the hiring freeze exemption requested by the Police Department, and authorize the filling of two Typist Clerk II positions. AYES: NOES: Brandt, Evans, Garthe Bricken, Ortiz, Ward, Yamamoto Motion FAILED to pass. For subsequent action seeM inures page 43. CA 50 CENTENNIAL PARK DEVELOPMENT MOTION was made by Ward, seconded APPROPRIATION ADJUSTMENT NO. 95 by Brandt, to approve Appropriation APPROVED Adjustment No. 95, transferring $21,130 from Acquisition and Development Revenue - Balance from Prior Year to Acquisition and Develop- ment Fund - Improvements, to pay a prorata share of water main, sewer and drainage assessment fees prior to development of Centennial Park, Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto CA 65.3 None CA 52 HYLAND AVENUE STORM DRAIN APPROPRIATION ADJUSTMENT NO. 108 APPROVED Public Works - Storm Drain. MOTION was made by Ward, seconded by Garthe, to approve Appropriation Adjustment No. 108 transferring $50,000 from Council Capital Reserve to AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto CA 65.3 None CA 70 SANITARY SEWER IN FREN(~I STREET IVDTIONwas made by Garthe, seconded APPROPRIATION AIIJUSTMENT NO. 109 by Brandt, to 1) approve Appropriation APPROVED Adjustment No. 109 transferring $38,000 from Federal Revenue Sharing Account for updating sewer master plan to Project 8190 to construct sanitary sewer in French Street from Washington Avenue to Fifteenth Street; and 2) authorize staff to conduct a study to formulate a new fee schedule for new sewer connections or new construction on existing sewer connections. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto CA 65.3 None CA 70 IMPROVt~MENT OF GRAND AVENUE MOTION was made by Garthe, seconded APPROPRIATION ADJUSTMENT NO. 112 by Ward, to approve Appropriation APPROVED Adjustment No. 112 transferring $125,000 from Public Works - Select Street Contingencies to Public Works - Select Street Construction (Project 1411) for the improvement of the east side of Grand Avenue between St. Gertrude Place and Pomona Street. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto CA 65.3 None CA 29.8 C~4~rdNITY RESOURCE LIST MOTION was made by Ward, seconded APPROPRIATION ABJUSTMENT NO. 115 by Brandt, to approve the Cor~nunity APPROVED Resources List Project recor~nended by the Human Relations Comission, and approve Appropriation Adjustment No. 115 transferring $1,035.00 from Council Contingency to Co~nunity Relations/Human Relations to fund said project. Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto CA 65.3 None CA 152 CITY COUNCIL MINUTES 42 FEBRUARY 5, 1979 ORDINANCE NO. NS-1475 THERAPEUTIC RECREATION PROGRAM FIRST READING & PUBLISH TITLE MOTION was made by Brandt, seconded by Bricken, to place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1475 - An ordinance of the City of Santa Ana adding Article VI, Sections 13-50, 13-51, and 13-52 to Chapter 13 of the Santa AnaMunicipal Code establishing a fund for therapeutic recreation programs for mentally retarded children and adults. Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 52 ORAL COMqUNICATION - WARD CAPITAL I~4~ROVI~S 1979-80 BUDGET Councilman Ward requested staff to address necessary capital improvement programs in the City Budget proposal for 1979-80. CA 65B; CA 78.2 ORAL (]O~ICATION - BRANDT Councilman Brandt requested staff AMENDMENT TO PROPOSED to clarify the impact of the CHARTER MEASURE proposed Charter amendment on City ~nergency requirements, i.e. in the event of natural disasters or war, and to bring back recon~nenda- tions for consideration at the Council's evening session. CA 68 ORAL COMVIUNICATION - YAMAMOTO MOTION was made by Yamamoto, AMERICAN PACIFIC seconded by Brandt, to request SAMOAN COALITION the Federal Grand Jury to investigate allegations of fraudulent activities associated with the American Pacific Samoan Coalition (APSC) use of City CETA Title VI funds, reported in a recent "Register" article. AYES: NOES: Yamamoto Brandt, Bricken, Evans, Garthe, Ortiz, Ward Motion FAILED to pass. CA 9.4; CA 131.11 ORAL C(BiqUNICATION - GARTHE MOTION was made by Brandt, COUNCIL PERMISSION FOR ABSBNCE seconded by Ward, to grant permission to Councilman Garthe, as requested, to be out of the City from February 10, 1979, to February 17, 1979. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CA 80 ORAL CONNUNICATION WILLIAM HIi~ action on the request. William H. Hime, 4602 E1 Don Place, requested removal of a chain link fence along the curb line in his neighborhood. Council took NO CA 151.21 RECESS EXECUTIVE SESSION PERSONNEL MATIERS Council recessed for Executive Session at 4:45 p.m. At S:00 p.m. the meeting was reconvened with all members present. RECONSIDERATION - PD REQUEST FOR HIRING FREEZE EXEMPTIONS - TWO TYPIST CLERK II POSITIONS APPROVED Typist Clerk II positions. MOTION was made by Ward, seconded by Yamamoto, to reconsider the request by the Police Department to lift the hiring freeze for two AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto None CITY COUNCIL MINUTES 43 FEBRUARY 5, 1979 MOTION was made by Brandt, seconded by Garthe, to grant the hiring freeze exemption requested, and authorize the filling of two Typist Clerk II positions in the Police Department. AYES: Brandt, Evans, Garthe, Ward NOES: Brickem, Ortiz, Yamamoto CA 50 DINNER RECESS At 5:01 p.m. Council recessed for RECONVENED dinner at the Nieuport 17 restaurant. At 7:35 p.m. the meeting was recon- vened with all Council members present except Ward, who arrived at 8:25 p.m. PLEDGE OF ALLEGIANCE INVOCATION The invocation was given by Stan Bates, member of the Christian Science Church, following the pledge of allegiance to the flag. SPECIAL PRESENTATIONS CITY SEAL TILE - ROY UNO PROCLAMATION - LULAC ~zEK sion/Housing Advisory Co~nission, in the City. A City Seal tile plaque was presented by Councilman Yamamoto to Roy Uno, former member of the Santa Aha Human Relations Comnis- appreciation for his service to CA 73B A proclamation proclaiming February 12 - 18, 1979, as "LULAC Week" was presented by Councilman Bricken to Steve Baca, representing past and present officers of the League of United Latin American Citizens. CA 46 PUBLIC HEARING The Mayor opened the public hearing CABLE TV FRANCHISE to consider the application of Six Star CONTINUED TO APRIL 2 Cablevision, Inc. for a nonexclusive fifteen-year franchise for a community antenna television system to serve customers throughout the City of Santa Aha. He stated a request had been received for a continuance of the matter to April 2, 1979. ~IDTION was made by Brandt, seconded by Ortiz, to continue the public hearing to April 2, 1979, at 7:30 p.m. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ortiz, Yamamoto None Ward CA 130.4 PUBLIC HEARING The Mayor opened the public hearing MINOR EXCEPTION 78-41 to consider Notice of Exemption and 930 S. MAIN - APPROVED Minor Exception 78-41 to allow~ on-sale beer and wine in an existing restaurant (La Hacienda Cafe) located within 300 feet of residences at 930 South Main Street in the C1 District. Assistant Planner McPhee presented slides indicating locations of other ABC licenses in the area, and a plot plan of the restaurant and site. The Clerk of the Council reported there were no written cor~nunications. Speakers in favor of the Minor Exception were: Geraldine McCombe, 720 Marvista, Seal Beach, representing the restaurant buyer Mike Luzio, representing the restaurant seller Anthony J. Dalessi, representing Santa /Ina Unified School District Board of Education spoke in opposition to the Minor Exception. There were no other speakers, and the Mayor closed the public hearing. CITY COUNCIL MINUTES 44 FEBRUARY 5, 1979 MJrlON was made by Ortiz, seconded by Brandt, to approve and file the Notice of Exemption and direct the City Attorney to prepare a resolution approving Minor Exception 78-41 and affirming the decision of the Zoning Administrator, and to receive and file report of the Alcoholic Beverage Control application filed by Ismael and Elvia Blanco (La Hacienda Cafe) for original type "41" (on-sale beer and wine, bona fide public eating place) for the premises located at 930 South Main Street. AYES: Brandt, Bricken, Evans, Garthe, Ortiz NOES: Yamamoto CA 13.5A ABSENT: Ward CA 146 PUBLIC HEARING The Mayor opened the public hearing MINOR EXCEPTION 78-43 to consider Notice of Exemption and 1710 E. 17TH ST. - APPROVED Minor Exception 78-45 to allow on-sale beer and wine in a restaurant (Sunlite Soup Company) in a new shopping center located within 300 feet of residences at 1710 East Seventeenth Street in the CS District. Assistant Planner McPhee presented slides showing similar uses in the area and a plot plan of the restaurant and site, and stated that the area has a low crime rate. The Clerk of the Council reported there were no written communications. Garistin Wood, Sunlite Soup Company, 1710 E. Seventeenth Street, spoke in favor of the Minor Exception. There were no other speakers, and the Mayor closed the public hearing. MOTION was made by ortiz, seconded by Garthe, to approve and file the Notice of Exemption and direct the City Attorney to prepare a resolution approving Minor Exception 78-43 and affirming the decision of the Zoning A~lministrator. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ortiz Yamamoto Ward CA 13.5A PUBLIC HEARING - AMENIIMENT TO LAND The Mayor opened the public hearing USE & ARTERIAL STREETS SECTION OF to consider the Negative Declaration GENERAL PLAN - RES. 79-28ADOPTED and amendment to the Land Use portion of the Land Use and Arterial Streets Section of the General Plan to redesignate all property bounded by Parton Street on the west, Santa Aha Boulevard to the north, Third Street to the south, and Ross Street to the east from Government and Civic Facilities to Professional Administrative Offices. The staff report was presented by Assistant Planner McPhee. The Clerk of the Council reported there were no written conmmmications. There were no speakers in favor of or in opposition to the proposal. The Mayor closed the public hearing. MOTION was made by Brandt, seconded by Ortiz, to approve and file the Nega- tive Declaration and adopt the following resolution: RESOLUTION NO. 79-28 - A resolution of the City Council of the City of Santa Ana mending the Land Use Element of the General Plan by redesignating 4.52 acres bounded by Patton Street on the west, Santa Ana Boulevard on the north, Third Street on the south, mad Ross Street on the east from the Government and Civic Facilities designation to the Professional Administrative Offices designation. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ortiz, Yamamoto None Ward CA 78.3 CITY COUNCIL MINUTES 48 FEBRUARY 5, 1979 D~MADS FOR TRAFFIC CONTROL MOTION was made by Yamamoto, S.A. BLVD./LACY STKEET NEIGHBORS seconded by Garthe, to continue CONTINUED TO F~RUARY 20 to February 20 consideration of the demands presented to Council on December 18, 1978, by the Santa Aha Boulevard/Lacy Street Neighbors for additional neighborhood traffic control. AYES: NOES: ABSENT: Evans, Garthe, Ortiz, Yamamoto Brandt, Bricken Ward CA 18.3 AGRER~mNT - NDTORCYCLE RACES Louis Kossuth, Producer, Speedway AT SANTA A~ STADIUM Motorcycle Racing, addressed Council APPROVED regarding his proposed agreement for motorcycle racing at Eddie West Field-Santa Ana Stadit~n for the 1979, 1980 and 1981 racing seasons (approximately March 1 through August 30 each year). NDTION was made by Bricken, seconded by Yamamoto, to approve the agreement as outlined by the Assistant City Attorney, and to authorize its execution by Mayor and Clerk, with the stipulation that Mr. Kossuth provide a bond in the amount of $3,500 guaranteeing restoration of the stadium at the end of the racing season. AYES: NOES: ABSM~T: Brandt, Bricken, Evans, Garthe, Ortiz, Yanmmoto None Ward A-79-5 LOGAN AREA REPLAC~4ENT HOUSING PROJECT APPRO¥~r2) Sam Romero, 2034 South Spruce, spoke in favor of the Logan Area Replace- ment Housing Project and expansion of the program. Councilman Ward arrived at 8:25 p.m. during the staff presentation by the Executive Director for Redevelopment. MOTION was made by Bricken, seconded by Ortiz, to authorize the Executive Director for Redevelopment to initiate and administer the expansion of the Logan Housing Replacement Program for up to twenty homes, utilizing Conmunity Development Block Grant funds, with a net cost to the City of approximately $2,500 for each house. AYES: Brandt, Bricken, Evans, Garthe, Ortiz, Yamamoto CA 140.20 NOES: Ward CA 78.6 ORAL COMMIINICATION Dennis Morris, representing Whitmore WHITNDRE HOMES Homes, 17932 Sky Park Circle, REFERRED TO STAFF Suite C, Irvine, stated that Whit- more Homes is building affordable condominiums in the southwest area of the City, and he requested assistance with crime and blight problems in the area. MOTION was made by Ward, seconded by Yamamoto, to refer the request to staff, and to direct staff to bring back recomendatiuns to Council to implement City assistance in the area. AYES: NOES: Brandt, Bricken, Evans, Garthe, Ortiz, Ward, Yamamoto CA 47 None CA 78 ORDINANCE NO. NS-1474 CHARTER MEASURE AMENI~4ENT ADOPTED The City Attorney presented proposed language providing for emergency exceptions to the proposed Charter Amendment. MOTION was made by Brandt, seconded by Ortiz, to adopt oxdinance No. NS-1474, amending Ordinance No. NS-1473 by creating an emergency excep~ tion to its limitations, which would require a two-thirds vote of the Council. CITY COUNCIL MINUTES 46 FEI~RUARY 5, 1979 During discussion of the motion, MOTION was made by Bricken, seconded by Ward, to amend the language of the proposed exception to read as follows: "The limitations set forth in this section may be disregarded in the event of a state of emergency including, but not by way of limitation, any natural disaster, war, or any economic emergency, by a four-fifths vote of the members of the City Council." Speakers in opposition to the proposed Charter measure were: John O'Malley, Santa Ana City Employees Association Paul McMahan, Co~nittee to Defeat Proposition Wayne Bowman, President of Firemen's Benevolent Association Everett Winters, Candidate for member of City Council Following comments by the Council, YDTION was made by Garthe, seconded by Brandt, to rescind Ordinance No. NS-1473 and remove the proposed Charter Amendment from the April 5 ballot. AYES: NOES: Brandt, Garthe Bricken, Evans, Ortiz, Ward, Yamamoto Motion FAILED to pass. The vote on the motion by Bricken and Ward to amend the language of Ordinance Nb. NS-1474 was: Bricken, Evans, Ortiz, Ward~ Yamanmto Brandt, Garthe MOTION was made by Bricken, seconded by Ortiz, to adopt the following ordinance as amended: ORDINANCE NO. NS-1474 - An ordinance of the City of Santa Ana amending Ordinance No. NS-1473 by creating an emergency exception. AYES: Brandt, Bricken, Evans, Ortiz~ Ward~ Yamamoto NOES: Garthe CA 68 At 9:40 p.m. Councilman Yamamoto left the meeting. ORAL C(]~ICATION Zeke Hernandez, 3400 S. Main Street, CANDIDACY FOR CITY COUNCIL stated he had been declared ineligible ZEKE HERNANDEZ to be a candidate for election to the City Council by the Clerk of the Council, because he did not meet the 30-day residency requirement, which determination had been upheld by the City Attorney. He requested Council to instruct the Clerk of the Council to place his name on the ballot and to delay submission of Candidates' Statements to the printer for the elec- tion information pamphlet until his eligibility for candidacy has been determined by a court of law. Council took NO action on the request. CA 68 ORAL COMqUNICATION Norman Nienstedt, 220 South Orange, NORMAN NIENSTEDT Orange, spoke regarding availability of Council members to the public. CA 151.23 MOTION was made by Brandt, seconded by Garthe, to direct staff to prepare a proclamation for Mayor's signature for "Active 20-30 Club Week" from February 11 through February 18, 1979. ORAL CO~I CATION ACTIVE 20-30 CLUB PROCLAMATION DIRECTED STAFF AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ortiz, Ward None Yamamoto CA 46 CITY COUNCIL MINUTES 47 FEBRUARY 5, 1979 ORAL CO~ICATION ~DTION was made by Brandt, seconded BID CALL - ~SEDM ALARM SYSTt~ by Garthe, to approve plans and Ju°PROVED specifications and authorize adver- tisement for bids for Bowers Muse~n Alarm System, as requested by the Acting City Manager. AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garthe, Ortiz, Ward None Yamamoto C~ 89 ORAL CC~ICATION YDTIONwas made by Ward, seconded MAIN & MAC ARTHUR DEVELOPMENT by Brandt, to authorize the AUFHORIZBD LETTER FROM MAYOR Ymyor to direct a letter to Mayor McFarland, City of Costa Mesa, expressing Santa Ana's willingness to work with Costa Mesa to solve the problems relative to the proposed Warmington Development Project for a major office/commercial developmentat Main Street and MacArthur Boulevard. AYES: NDES: ABSENT: Brandt, Bricken, Evans, Garthe, Ortiz, Ward None Yamamoto CA 78.13 ORAL CO~ICATION MOTIONwas made by Garthe, seconded SOLID WASTE MANAGt~ENT IOLICY by Brandt, to oppose the Solid ~gaste LETI~R OF OPPOSITION AUTHORIZED Management User Fee alternative currently under consideration by the Board of Supervisors, as recommended by the Orange County Division of the League of California Cities in its memorandum dated January 26, 1979. AYES: NOES: ABSENT: Brandt, Bricken~ Evgns, Garthe, Ortiz, Ward None Yam~moto CA 148.4 A]iJOURI~F~fI' MOTION was made by Bricken, seconded by Garthe, to adjourn the meeting to 7:00 a.m. on Friday, February 9, 1979. AYES: NOES: ABSH~T: Brandt, Bricken, Evans, Garthe, Ortiz, Ward None Yamamoto The meeting was adjourned at 10:00 p.m. DIEDRE D. LINGENFELFy f/ CLERK OF TH~ ~OUNCIL ~z ~ CITY COUNCIL MINUTES 48 FEBRUARY 5, 1979