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HomeMy WebLinkAbout10-01-1979MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 1, 1979 The nmeting was called to order at 2:15 p.m. by Mayor James E. Ward in the City Council Chambers, 22 Civic Center Plaza, following the Special Meeting of the Comnunity Redevelopment Agency. Council members present were Gordon Bricken, Daniel E. Griset, R. W. Luxembourger, J. Ogden Markel, Alfred C. Serrato, Harry K. Yamamoto, and biayor Ward. Also present were staff members City Manager/Acting Clerk of the Council B. J. Tho~0son, City Attorney Keith L. Gow, and Deputy Clerk of the Council Martha Lee. PLEDGE OF ALLEGIANCE INVOCATION Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Luxembourger. RECESS - REGULAR MEETING HOUSING AUTHORITY CITY COUNCIL - RECONVENED with all members present. Council recessed to the Regular Meeting of the Housing Authority at 2:16 p.m. The City Council meeting was reconvened at 2:30 p.m. CONSENT CALENDAR - ITtB~S Item 2Awas removed from the Consent RI~DVED; DISSENTING VOTES; Calendar by Loxembourger; Items SA, ABSTENTION 5B and 12Aby Yamamoto; Item 5C by Bricken; and Item 13B-1 by Markel. Yamamoto registered a NO vote on Item 4A; and Ward and Bricken registered NO votes on Item 4B. Ward abstained from voting on Item 7C. CONSENT CALENDAR STAFF RECOM~ATIONS APPROVED MOTIONwas made by Bricken, seconded by Laxembourger, to approve the following Consent Calendar items. AYES: NOES: BRICKEN, GRISET, LUXEMBO~G~, MARKEL, SERRATO, WARD, YAMAMOTO MINUTES Approved the ~inutes of the Regular Maeting of September 17, 1979. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: SPEC 79-036 - Root Control Planters and Barriers (Public Works). Annual Maintenance Contracts: SPEC 790-231 - Asphalt Concrete SPEC 790-233 - Slurry Seal PROJECT 8336 - Contractual Tree Maintenance. CA 89 BID AWARD Awarded the following on basis of lowest responsible and responsive bidder: PROJECT 7120 (SPEC 79-018) - Replacement of Apparatus Room Doors at Station #5; awarded to Overhead Door Company of Orange County, Tustin, in the amount of $6,500.00. CA 89 CITY COUNCIL MINlrlt~S 337 OCTOBER 1, 1979 CONSF~NT CALENDAR STAFF P, ECOM~2qDATIONS APPROVED - Continued ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report of the following: W~IGEL, Larry L. & Debra Kay, 2037 S. Main - Person-to-person Transfer Type 41 On-sale Beer & Wine, Bona Fide Public Eating Place. Yamamoto registered a NO vote. (Agenda Item 4A) CHAN, Gabriel & Yen H., 2413 S. Fairview #5 - Original ~fpe 41 On-sale Beer & Wine, Public Eating Place. Ward and Bricken registered NO votes. (Agenda Item 4B) QUINTERO, Rogelio & ZUNIGA, Lino, 2513 W. Edinger - Person-to-person Transfer Type 42 On-sale Beer & Wine, Public Premises. SHIN, Youn Ui & Tae Won, 4622 W. First - Person-to-person Transfer Type 20 Off-sale Beer & Wine. TENTATIVE PARCEL MAPS Approved and filed the Negative TENTATIVE TRACT MAP Declarations; approved subject to conditions contained in the Planning Director's report; and waived alley requirements on the following: NEGATIVE DECLARATION & PARCEL MAP 79-893 - Filed on July 6, 1979, by Marshall & Rosie Montoya, creating 4 Ri parcels; all proposed parcels to be used for residential purposes; located generally on the west side of Cedar Street, south of St. Gertrude Place. NEGATIVE DECLARATION & PARCEL MAP 79-897 - Filed on August 21, 1979, by Hunsaker Develop- ment Company, creating 7 MI parcels; all proposed parcels to be used for indtmtrial purposes; located generally at the northeast corner of First Street and Sullivan Avenue at 2411-2431 West First Street. NEGATIVE DECLARATION & TRACT ~.~P 10868 - Filed on August 29, 1979, by Osborn & Associates, creating 3 SD lots; all proposed lots to be used for condominium purposes; located generally on the southeast corner of Raitt Street and Edinger Avenue. Ward abstained from voting. [Agenda Item 7C) AGREM~ENT Approved the following and authorized its execution by Mayor and Clerk: HOUSING REPLACEMENT PRO~ - Between City and Mead Housing, and between City and Silvino, Josefina and Efrain Guzman, to effect move and rehabilitation of house in the College Expansion area. CA 146 CA 28 CA 24 A-79-133 CITY COUNCIL MINUTES 338 OCTOBER 1, 1979 CONSENT CALENDAR STAFF RECON[qENDATIONS APPROVED - Continued BOARDS & CO~I SS IONS Accepted the following nominations and set for consideration of appoint- ment on October 15, 1979: Nomination by Councilman Luxembourger of Richard D. ~cNeilly for Ward 2 representative to the Board of Recreation and Parks for a partial term expiring June 30, 1980 (replacing Ellen Schulthess). Nomination by Councilman Griset of Sam Craig, Jr., for Ward 5 representative to the Library Board for a first term expiring June 30, 1983 (new vacancy created by Ordinance No. NS-1499). Appointed the following: Phyllis J. Raugi, Ward 7 representative, Hi, nan Relations and Housing Advisory Commission, partial term ending August 1, 1983 (replacing Manuel Barron). CA 80.9 LIABILITY CLAIMS Referred to administration claims received from September 11 to September 25, 1979. CA 65.7b COUNCIL REFERP~.I. ~Y mended in the report. Received and filed status report of items referred to staff by Council; deleted items as recom- CA 80.2 PROCLAMATIONS September 25, 1979. Received and filed report of proclamations issued by the Mayor from September 11 to CA 46 COUNCIL CAL£NDAR Received and filed report of Council activities from September 17 through September 30, 1979. CA 80.18 * * * * * * * CONSENT CALENDAR FINIS * * * * * * * BID CALL - SPEC 79-035 The Director of Personnel MANAGt~v~qqT INFORMATION SYS~{ answered Council questions APPROVED regarding the Personnel Manage- ment Information System. Follow- ing discussion, MOTION was made by Bricken, seconded by Griset, to approve the following: SPEC 79-035 - Personnel Management Information System. (Agenda Item 2A) AYES: NOES: BRIC}~N, GRISET, L~OURGER, MARKEL, WARD, YAMAMOTO SEkRATO CA 89 VARIANCE 78-60 MOTION was made by Bricken, 4414-4416 W. MC FADDEN seconded by Luxembourger, to APPROVED approve and file Negative Declaration and Findings of Fact by Planning Cor~nission on the following: CITY COUNCIL MINUTES 339 OCTOBER 1, 1979 AYES: NOES: NEGATIVE DBCLARATION& VA 78-60 - Filed by Ray Madrid to allow a 24-omit apartment development at 4414-4416 West McFadden Avenue in the Ri District. APPROVED by Planning Commission. (Agenda Item 5A) BRICKEN, GRISET, LUXIB4BOURGER, MARKEL, SERRATO, WARD YAMAMOTO CA 13 CONDITIONAL USE PERMIT 79-26 ~TIONwas made by Bricken, 3401 S. PLAZA DRIVE seconded by Luxembourger, to APPROVED approve and file the Notice of Exemption and Findings of Fact by the Planning Con~nission of the following: NOTICE OF EXI~41~ION & CUP 79-26 - Filed by Ceeco Development (Peartree Apartments) to convert a 76-unit apartment complex to condominiums at 3401 South Plaza Drive in the R2-PRD District. APPROVED by the Planning Commission. (Agenda Item ~ AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, WARD SERRATO, YAMAMOTO CA 13.1 MINOR EXCEPTION ?9-27 2413-S SOUTH FAIRVIEW SET FOR HEARING OCTOBER 15 MOTION was madeby Bricken, seconded by Serrato, to set the following for public hear- ing on October 15, 1979: NOTICE OF EX~SqFFION & EX 79-27 - Filed by Gabriel Chan to allow on-sale beer and wine in an existing restaurant (Four Seas) within a shopping center located within 300 feet of residences at 2413-S South Fairview in the C4 District. APPROVED by Zoning Administrator. (Agenda Item 5C-~ AYES: NOES: BRICKEN, GRISET, LUXE~OURGER, MAR%EL, SERRATO, WARD, YAMAMOTO NONE CA 13.2 AGREEMENT - PROPERTY REHABILITATION COUNSELOR APPROVED by Mayor and Clerk: MDTION was made by Griset, seconded by Bricken, to approve the following agree- ment and authorize its execution PROPERTY REHABILITATION COUNSELOR - Between City and Cyrus A. Anderson for employment for a one-year period commencing October 2, 1979. (Agenda Item 12A) AYES: NOES: BRICKF~N, GRISET, LUXt~4BOURGER, SERRATO, WARD MARKEL, YAMAMOTO A-79-132 BOARD & CO~MISSION APPOINTMENTS PLANNING COmmISSION - HAROLD GOSSE, JR. ~ NOMINATION ACCEPTED SET FOR APPOINTMENT OCTOBER iS MOTION was made by Bricken, seconded by Luxembourger, to accept the following nomination and set for consideration of appointment on October 15, 1979: Nomination by Councilman Bricken of Harold Gosse, Jr., forWard 1 representative to the Planning Comnission for a second term expiring June 30, 1983. (Agenda Item 13B-l) CITY COUNCIL MINUTES 340 OCTOBER 1, 1979 AYES: BRICKBN, GRISET, L~OURGER, MAR~L, SERRATO, WARD, YAMAMDTO NOES: NONE CA 80.9 ORDINANCE NO. NS-1502 ROOF OPENING PROVISIONS 2ND READING & ADOPTED MOTION was made by Bricken, seconded by Ward, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1S02 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ONE SUBSECTION OF CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE TO CLARIFY PROVISIONS RELATING TO ROOF OPENINGS. AYES: NOES: BRICKEN, GRISET, LUX~OURGER, MARKEL, SERRATO, WARD, YAMAMDTO NONE CA 87 (Ordinance No. NS-1502 was placed on second reading and adopted on September 17, 1979, prior to publication of title.) ORDINANCE NO. NS-1503 NATIONAL FLOOD INSURANCE 2ND READING & ADOPTED MOTION was made by Bricken, seconded by Luxembourger, to place the following ordi~mnce on second reading and adopt: ORDINANCE NO. NS-1503 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING CHAPTER 7 TO THE SANTA ANA MUNICIPAL CODE TO ESTABLISH FLOOD PLAIN MANAGI~v~NT REGULATIONS. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARK~L, SERRATO, WARD, YAMAMOTO NONE CA 53 (Ordinance No. NS-1503 was placed on second reading and adopted on September 17, 1979, prior to publication of title.) ORDINANCE NO. NS-1504 CABLE TV FRANCHISE APPLICATIONS 2ND READING&ADOPTED MOTION was made by Bricken, seconded by Ward, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1504 - AN ORDINANCE OF THE CITY OF SANTA A~NAAMENDING SECTIONS 15-255AND 15-256 OF THE SANTA ANA ~3NICIPAL CODE TO ESTABLISH A COMPETITIVE PROPOSALS PROCEDURE FOR THE REVIEW OF CABLE TELEVISION FRANCHISE APPLICATIONS. AYES: NOES: BRICKEN, GRISET, L~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 130.4 RESOLUTION NO. 79-168 PRISONER & OFFICER SAFETY ADOPTED MOTION was made by Luxembourger, seconded by Bricken, to adopt the following resolution: RESOLUTION NO. 79-168 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANAAUTHORIZING THE CHIEF OF POLICE TO ACCEPT A GRANT FOR SANTA ANA'S PRISONER AND OFFICER SAFETY PROGRAM. AYES: NOES: BRICKEN, GRISET, L~OURGER, SERRATO, WARD, YAMAMOTO MARKEL CA 47 CITY COUNCIL MINUTES 341 OCTOBER 1, 1979 RESOLUTION NO. 79-169 ABANDONED VEHICLE ABATEMENT PROGRAM- ADOPTED MoTION wasmade by Griset, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 79-169 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA 7P~A APPROVING PARTICIPATION OF THE SANTA ANA POLICE DEPARTMENT IN THE CALIFORNIA HIGHWAY PATROL'S ABANDONED VEHICLE ABATEMENT PROGRAM FOR THE PERIOD JULY 1, 1979 THROUG~ JUNE 30, 1980. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 11.3 RESOLUTION NO. 79-170 CUP 79-15 - HARBOR & WARNER ADOPTED M3TION was made by Bricken, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 79-170 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMF~NDING RESOLUTION NO. 79-134 TO CORRECT AN ERROR IN THE STAT~V~NT OF CONDITIONS APPLICABLE TO CONDITIONAL USE PERMIT NO. 79-15. (Southwest corner of Harbor & Warner) AYES: NOES: BRICKEN, GRISET, LUXI~4BOURGER, Y~RKBL, SERRATO, WARD, YAMAMOTO NONE CA 13.4a RESOLUTION NO. 79-171 CITY FUNDS DEPOSITORY - ADOPTED ROTATION POLICY - REFERRED TO STAFF MDTION was made by Griset, seconded by Bricken, to adopt the following resolution: RESOLUTION NO. 79-171 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANADESIGNATING BANK OFAMERICAAS THE DEPOSITORY FOR CITY OF SANTA ANA FUNDS EFFECTIVE JANUARY 1, 1980, AND DESIGNATING SIGNATURES AUTHORIZED FOR THE PURPOSE OF WITHDRAWAL OF SAID FUNDS. AYES: NOES: GRISET, L~OURGER, }4ARKEL, SERRATO, WARD, YAMAMOTO BRICKEN Following discussion, MOTION was made by Bricken, seconded by Ward, to refer to staff for report the rotation policy for City ftmd depositories. AYES: NOES: BRICKEN, GRISET, LUXIB~BOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 65 RESOLUTION NO. 79-172 CHARITABLE PAYROLL DEDUCTIONS - ADOFFED MOTION was made by Serrato, seconded by Griset, to adopt the following resolution: RESOLUTION NO. 79-172 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING CRITERIA FOR CHARITABLE PAYROLL DEDUCTIONS. AYES: NOES: GRISET, LUXEMB~GER, SERRATO, WARD, YAMAMOTO BRICK~N, ~L RESOLUTION NO. 79-173 ABANDO~NENT - ALLEY EAST OF HALLADAY, SOUTH OF CHESTNUT ADOPTED ~ SET FOR HEARING NOV. 5 MOTION was made by Bricken, seconded by Luxembourger, to adopt the following resolution and set the matter for public hearing on November 5, 1979: CA 9.4 CA 50.1 CITY COUNCIL MtNUTES 342 OCTOBER 1, 1979 RESOLUTION NO. 79-173 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE AN ALLEY EAST OF HALLADAY STREET AND SOUTH OF CHESTNUT AVENUE, APPROVING A MAP THEREOF, DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP, DESCRIBING THE ALLEY TO BE VACATED, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED. AYES: NOES: BRICKEN, GRISET, L~URGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 14 RESOLUTION NO. 79-174 ABANDOb~NT - GARRY AVENUE ADOPTED - SET FOR HEARING NOV. 5 for public hearing on November 5, 1979: MDTION was made by Bricken, seconded by Luxembourger, to adopt the following resolution and set the matter RESOLUTION NO. 79-174 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF GARRY AVENUE WEST OF CRODDY WAY, APPROVING A MAP THEREOF, DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP, DESCRIBING THE PORTION OF SAID STREET TO BE VACATED, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED. AYES: NOES: BRICKEN, GRISET, LI~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 14 RESOLUTION NO. 79-175 BIDS FOR PUBLIC IMPROVt~MENT WORK (A.D. 243 - SANTA ANITA SOUTH) MOTION was made by Bricken, seconded byWard, to adopt the following resolution: RESOLUTION NO. 79-175 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANADIRECTINGTHE CLERK OF THE COUNCIL TO POST AND PUBLISH NOTICE INVITING BIDS FOR PUBLIC IMPROVEMENT CONSTRUCTION WORK; DECLARING THAT PROPOSALS ARE TO BE OPENED AT A PUBLIC MEETINGAND REPORTED TO THE LEGISLATIVE BODY AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL; AND APPROVING CONEITIONS OF BID. (A.D. 243 - SANTA ANITA SOUTH) AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER} MARKEL, SERRATO, WARD YAMAMOTO CA 9O RESOLUTION NO. 79-176 BATTALION CHIEF COMPENSATION ADOPTED MOTION was made by Bricken, seconded by Serrato, to adopt the following resolution: P, ESOLUTIONNO. 79-176 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANAAMENDING RESOLUTION NO. 58-281 TO PROVIDE A SPECIAL EQUITY COMPENSATION ADJUSTMENT FOR THE MIDDLE MANAGEMENT CLASS OF BATTALION CHIEF. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, SERRATO, WARD, YA/~TO MARKEL CA 50.1 CITY COUNCIL MINUTES 343 OCTOBER 1, 1979 RECESS Council recessed at 3:40 p.m. The meeting was reconvened at 3:50 p.m. with all Council members present. RESOLUTION NO. 79-177 CITY ATTORNEY COMPENSATION ADOPTED MOTION was made by Bricken, seconded byYmrkel, to adopt the following resolution: RESOLUTION NO. 79-177 - ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANAFIXINGAND ESTABLISHING THE COMPENSATION FOR THE OFFICE OF CITY A~ORNEY OF THE CITY OF SANTA ANA, EFFECTIVE JULY 1, 1979, AND REPEALING RESOLUTIONS INCONSISTENT THEREWITH. AYES: NOES: BRICKEN, GRISET, L~OURGER, MAR~L, SERRATO, WARD, YAMAMOTO NONE CA 81 RESOLUTION NO. 79-178 ~DTION was made by Bricken, CLERK OF THE COUNCIL seconded by Luxembourger, to COMPENSATION - ADOPTED adopt the following resolution: RESOLUTION NO. 79-178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 58-281 BY DELETING THEREFROM THE CLASS TITLE OF CLERK OF THE COUNCIL AND H~REWITH FIXING AND ESTABLISHING THE COM- PENSATION FOR THE OFFICE OF CLERK OF THE COUNCIL OF THE CITY OF SANTA ANA. AYES: NOES: BRICKEN, GRISET, LU~OURGER, MARl<EL, SERRATO, WARD, YAMAMOTO NONE CA 75 RESOLUTION NO. 79-179 OPPOSING HR 3712 ADOPTED NDTIONwas made by Serrato, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 79-179 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING HR 3712. (Tax Exenlot Financing) AYES: NOES: BRICKEN, GRISET, L~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 57.1 SB 512 - ORANGE COUNYY Following consideration of the CALTRANS DISTRICT recommendation for support of AUTHORIZED MAYOR TO SUPPORT SB 512 contained in the letter dated September 18, 1979, from the Transportation Advisory Committee, MOTION was made by Serrato, seconded by Bricken, to authorize the Mayor to submit letters to Orange County legislators supporting Senate Bill 512, which would create a separate CALTRANS District consisting of Orange County. AYES: NOES: BRICKEN, GRISET, LUXtB~BOURGER, MARKBL, SERRATO, WARD, YAMAMOTO NONE CA 57 CA 113.5 NLC - ANNUAL CONGRESS OF CITIES In response to the letter dated DELEGATE & ALTERNATE September 4, 1979, from Alan Beals, MAYOR & VICE MAYOR APPOINTED Executive Director, National League of Cities, requesting designation of voting and alter~mte voting delegates to the Annual Congress of Cities to CITY COUNCIL MINUTES 344 OCTOBER 1, 1979 be held November 24-28, 1979, MOTION was made by Griset, seconded by Serrato, to appoint the Mayor as voting delegate and the Vice Mayor as alternate. AYES: NOES: BRICKEN, GRISET, LUXEMBOURG~R, b~kRKEL, SERRATO, WARD, YAMAMOTO NONE CA 150 CITY LIAISON - PROPOSED U.S. On the reco~nendation of Mayor DISTRICT COURT FOR ORANGE COUNTY Ward, MOTION was made by Griset, TOM MC MICHAEL APPOINTED seconded by Bricken, to reappoint Tom McMichael as City liaison to represent City in efforts to procure a Federal Court located in Santa Aha Civic Center. AYES: NOES: BRICK~N, GRISET, LUXEFBOURGER, MARKEL, SERRATO, WARD, YAMAFDTO NONE CA 77.10a PROPOSED USE OF MC MILLAN SCHOOL Following consideration of the AS COUNTY CARE FACILITY letter to Councilman Serrato dated REAFFIRMED OPPOSITION September 20, 1979, from Supervisor Philip L. Anthony, MOTION was made by Yamamoto, seconded by Ward, to reaffirm City's opposition to the County's proposed use of McMillan School site for a care facility. AYES: NOES: BRICKEN, GRISET, LIFXEMBOURGER, MARREL, SERRATO, WARD, YAMAMOTO NONE CA 78 CENTRAL SANTA ANAACCESS MOTION was made by Griset, seconded REPORT - RECEIVED & FILED by Serrato, to receive and file the report dated September 17, 1979, prepared by the Public Works Depart- ment, pertaining to the access network of traffic patterns into the downtown core for facilitation of access to the downtown area. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 29 CA 82 PROPOSED CODE AMENDF~NT As recommended in the report dated ESTABLISF~MENTS SELLING ALCOHOLIC September 20, 1979, prepared by BEVERAGES - REFERRED TO the Planning Department, ~DTION PLANNING CO~ISSION was made by Bricken, seconded by Ward, to refer to the Plarming Commission for review and recommendation, the proposed amendment to Chapter 41 of the Zoning Code to require a minor exception for sale of alcoholic beverages in the industrial and commercial districts. AYES: NOES: BRICKEN, GRISET, LUX~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 10.1 CA 146 NOMINAL.CHARGE FOR USE OF Following consideration of the LIBRARY MEETING ROOMS request for approval of a nominal NOT APPROVED charge for use of library meeting rooms, contained in the report prepared by the Library Director, dated September 20, 1979, MOTION was made by Bricken, seconded byWard, to deny the request. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 65 CA 56 CITY COUNCIL MINUTES 345 OCTOBER 1, 1979 CONFERENCE MEETING ~FI'~NDANCE MOTION was made by Bricken, BY COUNCIL MEMBERS seconded by Ward, to adopt a POLICY ADOPTED policy which encourages the Mayor, Vice Mayor, and individual members of Council to seek out and attend valuable training opportunities wherever possible, at conferences, seminars, workshops and meetings of a similar nature, that are available at the lowest possible Cost, in order to facilitate acquisition of knowledge necessary to direct the effective opera- tion and orderly development of the City, as recon~ended in the report dated August 27, 1979, prepared by the Deputy City Manager. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARl<EL, SERRATO, WARD, YAMAMOTO NONE CA 80.6 REQUEST TO PARK CATERING TRUCK As recommended in the report WEST SIXTH STREET - DENIED dated September 17, 1979, pre- ALTERNATIVE PARKING - pared by the Police Department, REFERRED TO STAFF MOTION was m~de by Bricken, seconded by Ward, to deny the request of Leona Gerard, Garden Grove, to park a catering truck for extended periods of time in the 900 block of West Sixth Street. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE Following discussion, MOTION was made by Bricken, seconded byWard, to refer to staff the question of feasibility and necessity to provide food vending in the Eddie West Field - Santa Aha Stadi~n area. AYES: NOES: BRICKEN, GRISET, LUXtB~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 65.6 CA 52.8 BEER SALES AT STADIUM MOTION was made by Bricken, PROPOSED CODE AMENIIMENT seconded by Ward, to instruct the DIRECTED CITY A~rORNEY City Attorney to prepare an ordinance amending Section 2-743 of the Municipal Code to permit the Director of Recreation and Parks to authorize sales of beer at Eddie West Field - Santa Ana Stadimn, and naming the City Manager as appeals officer in the event of dispute or disagreement, as recommended in the report dated September 27, 1979, prepared by the Leisure Services Ymnager. AYES: NOES: BRICKEN, ~ISET, LUXEMBO~GER, MARl(EL, SERRATO, WARD YAMAMOTO CA 52.8 CA 146 NEW STREET LIGHTS On the recommendation of the PROJECT 7217 Transportation and Traffic ADVANCE PAYMENT - APPROVED Engineer in the report dated September 21, 1979, MOTION was made by Griset, seconded by Bricken, to authorize payment to Southern California Edison Company in the total amount of $19,941.00 as advance payment deposit to a sole source supplier for the furnishing and instal- lation of 79 marbelite electroliers, utilizing Housing and Urban Develop- ment Block Grant Funds, Fifth Year Community Development Program. AYES: NOES: BRICKEN, GRISET, LIPfI'~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 29.3 CA 140.20 CITY COUNCIL MINUTES 346 OCTOBER 1, 1979 POLICE BUILDING ROOF MOTION was made by Markel, REPLACEMENT - PROJECT 7119 seconded by Serrate, to 1) A.A. 35 & BID AWARD - APPROVED Approve Appropriation Adjust- ment #35, transferring $22,600.00 from Council-Reserve for Capital Needs to Building Maintenance Services, and 2) Award PROJECT 7119 - Roof Replacement - Police Building to Holmes Roofing Company, Inc., Santa Aha, on the basis of lowest responsible and responsive bidder, in the total amount of $40,283.00, as recommended in the Public Works Department report dated September 24, 1979. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 65.3 CA 89 YOUTH PROJECT - YCCIP As recor~nended in the report CETA TITLE IV dated September 25, 1979, pre- A.A. 38 & AGREt~4ENT - APPROVED pared by the Manpower Project Coordinator regarding the Youth Cor~nunity Conservation & Improvement Project, MOTION was made by Bricken, seconded by Serrate, to 1) Approve and authorize execution of CETA Title IV Youth Co~nunity Conservation and Improvement Project agreement between City and Orange County Manpower Co~nission in the amount of $138,585.00 for the period October 1, 1979, through September 30, 1980, by Mayor and Clerk; 2) Approve Appropriation Adjustment #38 bringing CETA Title IV funds in the amount of $47,125.00 into the City budget; and 3) Approve use of Community Development Fifth Year Contingency Funds in the amount of $47,170.00 for the project. AYES: NOES: BRICKEN, GRISET, LUXE~BOURGER, SF~RATO, WARD, YAMAMDTO MARKEL A-79-134 CA 65.3 CA 140.20 ADMINISTRATIVE COST POOL CETA TITLE I - A.A. 39 & AGREtRdENT - APPROVED by Serrate, seconded by Griset, to As recommended in the report dated September 24, 1979, pre- pared by the Manpower Project Coordinator, MOTION was made 1) Approve and authorize execution of CETA Title I agreement between City and Orange County Manpower Commission in the amount of $545,690.00 for the period October 1, 1979, through September 30, 1980, by Mayor and Clerk; and 2) Approve Appropriation Adjustment #39 transferring Antici- pated Revenue in the amount of $263,940.00 to CETA Title I Administrative Pool. AYES: NOES: BRIC,N, GRISET, LUXI~MBO~GER, SERRATO, WARD, YAMAMOTO MARKEL A-79-135 CA 65.3 Councilman Griset left the Council Chambers at 4:45 p.m. CETA TITLE II-D & VI PSE PROGRAMS Upon consideration of the sub- OCTOBER 1, 1979 - SEPT~4BER 30, 1980 contract agreements with 20 16 AGRE~4ENTS APPROVED community based organizations 4 AGREEMENTS CONTINUED TO OCT. 15 recommended in the report dated September 24, 1979, prepared by the Manpower Project Coordinator, funding CETA Title II-D and VI Public Service Employment Programs, Council took the following action: CITY COUNCIL MINUTES 347 OCTOBER 1, 1979 Item 20, Historical Preservation Society, was removed from the list of organi- zations for separate consideration by Councilman Yamamoto. Councilman Luxembourger removed Item 5, The Villa, and Item 15, Conmission on Alcoholism for the Spanish Speaking. Items 11, Concilio, and 16, Lao Family, were removed by Councilman Serrato. Speakers who requested funding were: Fernando Galaviz, Concilio, 207 N. Broadway Jim Metz, Nora Valadez and Sterling Barnes, Cmm~unity Development Council, 1440 E. First Street Phil Goerl, En~loyment Development Department, 2829 Feather Hill Drive, Orange Willie Papu, 1106 S. Rita Way, American Pacific Samoan Coalition MOTION was made bY Bricken, seconded by Serrato, to approve funding, for the time periods and amounts listed in the report, the remaining 16 organizations reco~nended for funding. AYES: BRICKEN, LUXEMBOURGBR, SERRATO, WARD, YAMAMOTO NOES: MARKEL ABSF~: GRISET A.'79. 128 Mf)TION was made by Bricken, seconded by Serrato, to approve funding for the amount and time period recomnended for Item 20, Historical Preservation Society. AYES: NOES: ABSENT: BRICKEN, L~OURGER, SERRATO, WARD MARKEL, YAMANDTO GRISET A' ,79 J1,28 MOTION was made by Bricken, seconded by Yamamoto, to continue Items 5 and 15, the Villa and Conmission on Alcoholism for the Spanish Speaking, to October 15, 1979. AYES: NOES: ABSENT: BRICKEN, L~URGER, SERRATO, WARD, YA~IkMOTO MARKBL GRISET 79-128 MDTION was made by Serrato, seconded by Bricken, to continue Items 11 and 16, Concilio and Lao Family, to October 15, 1979. AYES: NOES: ABSENT: BRICKF~N, LUXEMBOURGER, SERRATO, WARD, YAMAMOTO MARKEL GRISET A 79~128 UPDATE OF CITIZEN PARTICIPATION MOTION was made by Bricken, PLAN FOR COMMI~ITY IMPRINTS seconded by Ward, to receive REPORT RECEIVED & FILED and file the report dated September 25, 1979, prepared by the Director of Comm~mity Redevelopment and Housing, containing proposed schedule for citizen participation in sixth year funding of Housing and Urban Development Con~nunity Development Block Grant program. AYES: NOES: ABSENT: BRICKEN, L~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE GRISET CA 140.20 Councilman Griset returned to the Council Chambers at 5:10 p.m. ORAL COIv~v~UNICATION CLERK OF THE COUNCIL JANICE C. GUY - APPOINTED MOTION v~s made by Bricken, seconded by Luxembourger, to appoint Janice C. Guy to the office of Clerk of the Council. AYES: NOES: BRICKEN, GRISET, LUXEFBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 75 CITY COUNCIL MINUTES 348 OCTOBER 1, 1979 RECESS - EXECUTIVE SESSION At 5:10 p.m.' Council recessed to RECESS - DINNER Executive Session for discussion RECONVENED of legal matters. At 5:45 p.m. Council reconvened and imediately recessed to dinner at Horikawa's Restaurant with representatives of the Inter- County Airport Authority. Council reconvened in the Council Chambers at 7:50 p.m. with all Council members present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Reverend Terry Cantrell, Bethel Baptist Church. CO~V~JNITY SPOTLIGHT Jack McCarley,'President of the GREATER SANTA ANA Greater Santa Ana Chamber of CHAMBER OF COMmeRCE Commerce, introduced the Board of Directors of the Chamber, and s~marized the many ways in which the Chamber supports the City. Mayor Ward expressed the appreciation of Council to Mr. McCarley and the Chamber for their positive contributions and constructive recommendations to Council. SPECIAL PRESENTATION Councilman Bricken presented City RECOGNITION FOR HEROISM Seal tile plaques to C. Gary MC KINLAY - HANIGAN - IGLESIAS McKinlay, Fire Fighter II, Steve Hanigan and Hector Iglesias, citizens, in recognition for their participation in the rescue of Juan Bautista, Jr., age two, from a fire on September 9, 1979, at the risk of their lives. SPECIAL PRESENTATIONS Mayor Ward presented a City Seal JOHN ACOSTA - PLANNING CO~4~ISSION tile plaque to JoknAcosta in LBSTER MC KNIGHT - REC. & PARKS appreciation for his service to the City as a member of the Planning Commission, and a Certificate of Appreciation to Lester McKnight, former member of the Board of Recreation and Parks. SPECIAL PRESENTATIONS Mayor Ward and Councilman Markel, E~PLOYBE SERVICE AWARDS assisted by the City Manager and Personnel Director, presented 25- year service awards to Clifford Austerman, Jack Golden, Frank Spiegel, Fire Department; Jack Lynch, Recreation and Park Department; Jeanette Dawson, Police Department; Carlos Hernandez, Richard Strong, Public Works Department; and 30-year service awards to James Swatzel, Devon Klingler, James Richmond, Public Works Department; Harrel Davis, Police Department; and Teofilo Sandoval, Maintenance Services Department. RECESS RECONVENED all Council members present. Refreshments were served in the Council Chambers lobby following the presentations, Council reconvened at 8:40 p.m, with PUBLIC HEARING - ORDINANCE NS~1496 CONDOMINIUMS & CONDO CONVERSIONS 2ND READING & ADOPTED The Mayor opened the public hearing for consideration of adoption of Ordinance No. NS-1496. The staff report was given by the Planning Director. The Secretary to the Clerk of the Council reported there were no written communications. There were no speakers in favor of adoption of the ordinance. CITY COUNCIL MINUTES 349 OCTOBER 1, 1979 Speakers in opposition were: Marjorie Conroy, 2010 East Santa Clara, #43 Lucy Brown, 2010 East Santa Clara There were no other speakers. The Mayor closed the public hearing. Following discussion, MOTION was made by Bricken, seconded by Griset, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1496 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 34-13.5, 34-13.6, 34-67, 34-68, AND ARTICLE IX TO CHAPTER 34 OF THE SANTA ANA MUNICIPAL CODE, AND SECTION 41-193 TO CHAPTER 41 THEREOF, TO ADOPT A SPECIFIC PLAN FOR CONDOMINIUMS AND SIMILAR COFIMON OWNERSHIP PROJECTS, INCLUDING CONDOMINIUM CONVERSIONS. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 78.7 PUBLIC HEARING - A.A. NO. 820 The Mayor opened thepublic 902 E. 17TH STREET hearing for consideration of ORDINANCE NS-1505 - 1ST READING Negative Declaration and Amend- ment Application No. 820, filed by Butler Housing Corporation to rezone property located on the southwest corner of Seventeenth and Flower Streets (902 E. 17th) from the C1, Ri and R2 Districts to the C5 (Arterial Comnercial) and R2B (B~ltiple-Family Residential- Parking) Districts. The staff report was given by the Planning Director. The Secretary to the Clerk of the Council reported there were no written commanications. There were no speakers for or against the proposal. The Mayor closed the public hearing. MOTION was made by Griset, seconded by Luxembourger, to approve and file the Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1505 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENI~Yr APPLICATION NO. 820 TO REZONE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SEVENTEENTH _~D FLOWER STREETS, FROM THE C1 (COFI~UNITY COMMERCIAL), Ri (SINGLE-FAMILY RESIDENCE), AND R2 (MULTIPLE-FAMILY RESIDENCE) DISTRICTS TO THE C5 (ARTERIAL C(I~v~mRCIAL) AND R2B (MULTIPLE-FAMILY RESIDENTIAL- PARKING) DISTRICTS AND AMENDING SECTIONAL MAP NO. 12-5-10. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 10 PUBLIC HEARING - A.A. NO. 821 The Mayor opened the public 210 S. CYPRESS AVENUE hearing for consideration of ORDINANCE NS-1506 - 1ST READING Negative Declaration and Amend- ment Application No. 821, filed by Bethel Builders to rezone property located on the west side of Cypress Avenue (210 S. Cypress) from the C2 District to the R3H-B (High-Density Multiple-Family Residence-Parking) District. The staff report was given by the Planning Director. The Secretary to the Clerk of the Council reported there were no written con~nunications. CITY COUNCIL MINUTES 35O OCTOBER 1, 1979 Richard D. Timboe, 1018 North Eastside, spoke in favor of the proposal. There were no speakers in opposition. The Mayor closed the public hearing. MOTION was made by Griset, seconded by Serrato, to approve and file the Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1S06 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING ~ APPLICATION NO. 821 TO REZONE PROPERTY LOCATED ON THE WEST SIDE OF CYPRESS AVENUE BETWEEN WALNUT AND PINE STREETS FROM THE C2 (GENERAL CONIv~RCIAL) DISTRICT TO THE R3H-B (HIGH DENSITY MULTIPLE-FAMILY RESIDENCE-PARKING) DISTRICT AND AMENDING SECTIONAL MAP NO. 18-5-9. AYES: NOES: GRISET, LUXIB~OURG~R, SERRATO, WARD, Y~IMOTO BRICKEN, MARKEL CA 10 WEED ABATEMENT PROTEST WITHDRAWN MOTION was made by Yamamoto, 1006 S. FLOWER STREET seconded by Serrato, to receive LETTER - RECEIVED & FILED and file the letter dated September 25, 1979, from Robert L. Humphreys, Attorney at Law, representing Christine Massey, 1006 South Flower Street, withdrawing request for appeal of Notice of Weed Abatement. AYES: NOES: BRICKEN, GRISET, LUXIB~OURGER, MARtElL, SERRATO, WARD, YAMAMOTO NONE CA 11 USE OF CRA PROPERTY AS MDTIONwas made by Griset, 'HOUSE OF HAZARD" DURING FIRE seconded by Ward, to approve PREVENTIONWEEK - APPROVED execution by ~/ayor of agreement to indemify and save harmless the Community Redevelopment Agency in connection with use of Agency property located at 802 West Second Street by City Fire Department from October 1 through 15, 1979, inclusive. AYES: NOES: BRICKEN, GRISET, LUX~OURGF~, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 88 ORAL CO~I~JNICATION - YAMAMOTO Councilman Yamamoto expressed LEAGUE CONFERENCES objections to the selection of DRAFT RESOLUTION SUGGESTED the City of San Francisco as the site for future California League of Cities meetings. Co~mcilman Bricken suggested that individual Councilmen present ideas in resolution form for a proposed draft resolution to be sub- mitted to the League, pertaining to selection of locations for League conferences. CA 148 ORAL COYiV~JNICATIONS - MARl<EL Councilman }iarkel reported a GRAFFITI PROBLEM & graffiti problem at the Club OLD CITY HALL BUILDING Gardens on South Main Street and stated there should be a way to curtail graffiti in the City. He also reported that the granite corner- stone in the Old City Hall Building at 217 North Main Street is loose and would be irreplaceable if lost. CA 78 CA 133 ORAL COM~IINICATIONS - SERRATO Councilman Serrato complimented OVERCROWDING IN CITY; staff on the handling of an over- NOTICE OF AGENDA ITt~S; crowded residence problem in a REP'S FOR CABLE TV fashionable area of the City. Councilmen Bricken and Luxembourger concurred. Councilman Serrato suggested a monthly staff report to Council regarding the disposition of over-crowding complaints. CA 87 CITY COUNCIL MINUTES 351 OCTOBER 1, 1979 The Councilmanexpressed concern that all interested parties must be properly notified when matters of interest to them are scheduled for the Council Agenda. CA 75.5 He also asked in what way the Requests for Proposals will be advertised per- taining to Cable TV franchises, and requested that staff present recomendations to the Council. CA 130.4 ORAL CO~qUNICATIONS - BRICKEN NON-PROFIT ORGANIZATIONS - CETA; ENERGY CONSERVATION - CITY HALL; CUP'S - ROOMING HOUSES; LEAGUE RESOLUTIONS REFERRED TO STAFF Councilman Bricken expressed concern regarding the voluntary non-profit status of CETA funded organizations, and suggested re-examination of Council policy for funding allocations. CA 131.11 The Councilman also requested investigation for the City Hall building, as suggested in dated September 27, 1979. of energy conservation measures his memorand~n to the Council Councilman Serrato left the Council Chambers. MOTION was made by Bricken, seconded by Griset, to refer the suggestions contained in the foregoing memo to staff for report and reconmendation. AYES: NOES: ABSENT: BRIC,N, ~ISET, L~CURGER, MARKEL, WARD, YAMAMOTO NONE SERRATO CA 77 Councilman Serrato returned to the Council Chambers. MOTION was made by Griset, seconded by Luxembourger, to refer to staff for study and recon~nendation Councilman Bricken's suggestion that Conditional Use Permits be required for rooming, boarding and lodging houses, convalescent homes, guest houses, rest homes, sanitariums, motels and hotels in the City. AYES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE CA 13.la CA 78 Councilman Bricken referred to resolutions suggested by the League of California Cities prohibiting the display and sale of drug paraphernalia and sale of spray paint cans to minors. Mayor Ward asked staff to make the proposed resolutions available to the Council. CA 148 ORAL COFIVRINICATION - WARD As recon~nendedbyMayor Ward in j POLICY RE NAMING STREETS ~ PUBLIC the mermrandum dated September 24, FACILITIES - REFERRED TO STAFF 1979, bDTIONwas made by Ward, seconded byBricken, to direct staff to develop policy on the naming of streets, parks and other public facilities in the City for conmmmity leaders. AYES: NOES: BRICKEN, GRISET, L~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 151 SETTLEMENT BY AGREEMENT On the reconmendation of the City CESAR & MARGARET RUIZ Attorney, MOTION was made by AUTHORIZED Luxembourger, seconded by Serrato, to authorize settlement by agree- ment with the plaintiffs Cesar and Margaret Ruiz whereby City would pay cost of completing the Ruiz residence and would receive from the plaintiffs an assignment of their cause for action against contractor for damages incurred in the course of that construction work and ability to sue to recover costs to the City. AYES: NOES: BRICKEN, GRISET, LUXI~qBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 139 CITY COUNCIL MINUTES 352 OCTOBER 1, 1979 RESOLUTION 79-180 AUTHORIZING SETTLt~4ENT - BROWNE ADOPTED ~DTION was made by Bricken, seconded by Serrate, to adopt the following resolution: RESOLUTION NO. 79-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING SETTLh~4ENT OF A CERTAIN ACTION FOR DAMAGES AGAINST THE CITY. (Thomas J. Browne) AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARl<EL, SERRATO, WARD, YAMAMOTO NONE CA 139 RESOLUTION 79-181 AUTHORIZING SETTLEMENT - ELIZALDE ADOPTED MOTION was made by Griset, seconded by Serrate, to adopt the following resolution: RESOLUTION NO. 79-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANAAUTHORIZINGA COMPROMISE AND RELEASE OF A CERTAIN WORKERS COMPENSATION CLAIM AGAINST THE CITY. (Carlos Elizalde) AYES: NOES: BRICKEN, GRISET, LUX~v~OURGER, ARKEL, SERRATO, WARD, YAMAMDTO NONE CA 139 AIIIOUR~ At 10:10 p.m. the meeting was adjourned to 1:00 p.m. on October 15, 1979, for a Joint Public Hearing of the City Cotmcil and Community Redevelopment Agency, by unanimous informal consent of the Council members. CITY COUNCIL MINUTES 353 OCTOBER 1, 1979