HomeMy WebLinkAbout02-04-1980MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
February 4, 1980
The meeting was called to order at 2:05 p.m. in the City Council Chambers,
22 Civic Center Plaza, by Mayor James E. Ward. Council members present
were Gordon Bricken, R. W. Luxembourger, J. Ogden Markel, Alfred C. Serrato,
Harry K. Yamamoto and Mayor Ward. Councilman Daniel E. Griset arrived at
2:15 p.m. Also present were City Manager Carl J. Thornton, City Attorney
Keith Gow, and Clerk of the Council Janice C. Guy.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge of alle-
giance to the Flag, the Invo-
cation was given by Councilman
Markel.
RECESS - REGULAR MEETING
OF HOUSING AUTHORITY
with all Council members present.
At 2:07 p.m. Council recessed
to the regular meeting of the
Housing Authority. The Council
meeting reconvened at 2:15 p.m.
CONSENT CALENDAR Item 5C was removed from the
ITEMS REMOVED; DISSENTING Consent Calendar by Bricken;
VOTES & ABSTENTION Item 3D by Luxembourger; Items
SD, 5E, 5F, 8B ~nd 13B(1) by
Markel; 9B, 9C, 9D and 13B(2) by Serrato; and Item 8B by Ward. NO votes
were registered on Item 5A by Serrato and Yamamoto. Mayor Ward abstained
from voting on Item lOA.
CONSENT CALENDAR
STAFF RECOMMENDATIONS
APPROVED
Calendar items.
MOTION was made by Luxembour-
ger, seconded by Bricken, to
approve the recommendations of
staff on the following Consent
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None
MINUTES
Approved the Minutes of the
regular meeting of January 21,
1980.
BID CALLS
Approved plans and specifica-
tions and authorized advertise-
ment forbids on the following:
PROJECT 2072 - Construction of Bus Pads
on East Side of Flower Street, South of
Sixth Street.
PROJECT 6155 - Mabury Park Security
Lighting.
PROJECT 8332, 8333, 8334, 8335 & 5065 -
Installation of Traffic Signals at
various locations.
CITY COUNCIL MINUTES
29
FEBRUARY 4, 1980
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
Rejected all bids; approved revised specifications to replace
roof; and authorized readvertisement for bids on the following:
PROJECT 8133 - Reroof Garage & Warehouse
Building at City Yard.
CA 89
BID AWARDS
Awarded the following on basis
of lowest responsible and respon-
sive bidder:
SPEC 79-034 - Machine Vended Food
Concession in City Hall - Police
Department and Library; Awarded to
California Industrial Vending, Cerritos,
for a period of three years.
SPEC 79-051 - One Street Sweeper
(replacement) - Public Works;
awarded to Nixon-Egli Equipment Co.,
Santa Fe Springs, in the net amount
of $49,187.50.
SPEC 79-061 - Install Carpeting at
various Fire Stations - Fire Depart-
ment; awarded to Bernard G. Zager, Inc.,
amount of $9,257.00.
PROJECT 6135B - Santa Aha Zoo Pond
Construction; awarded to E. A. Reed
Construction Co., Irvine, in the amount
of $55,133.00 for base bid #1 - #2,
and add-on alt. #3 - #7.
CA 89
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed staff
report of the following:
MILLER, Larry & Norma, 4202 W. First -
Person-to-person Transfer Type 42 On-sale
Beer & Wine, Public Premises.
Serrato and Yamamoto registered NO votes.
(Agenda Item 5A)
SOUTHLAND CORPORATION, 2626 N. Bristol -
Person-to-person Transfer Original Type
20 Off-sale Beer & Wine.
CA 146
VARIANCE
following:
Approved and filed the Negative
Declaration and Planning Com-
mission Finding of Fact on the
NEGATIVE DECLARATION & VA 79-47 - Filed
by Lucky Stores to construct a tire and
auto supply store on a department store
site (Geco), waiving the required parking
at 1330 E. Seventeenth in the C4 District.
APPROVED.
CA 13
TENTATIVE PARCEL MAP
in Planning Director's report:
Approved and filed the Negative
Declaration; approved the follow-
ing map subject to conditions
CITY COUNCIL MINUTES
30 FEBRUARY 4, 1980
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
NEGATIVE DECLARATION & PARCEL MAP 79-899 -
Filed by Santa Ana Tustin Community Hospital
creating 2 (1 CD and 1LP) parcels; both
proposed lots to be used for hospital and
medical uses; generally located on the east
side of Tustin Avenue, south of 17th Street
at the Costa Mesa Freeway.
FINAL PARCEL & TRACT MAPS
Approved the following maps;
and accepted the dedications
thereon:
PARCEL MAP 79-886 - Southeast corner
Edinger Avenue and Raitt Street; 4 lots.
Ward abstained from voting. (Agenda Item lOA)
TRACT MAP 10580 - Northwest corner Fruit
Street and Cabrillo Park Drive; 5 lots.
Approved the following map; accepted the dedications thereon;
and authorized execution of the subdivision agreement by Mayor
and Clerk:
TRACT MAP lO811 - West side of Spurgeon
Street, north of Washington Avenue; 1 lot.
BOARDS & COMMISSIONS
Accepted withdrawal of the
following resignation:
Letter dated January 2, 1980, from
Jeanette T. Bean, resigning as Ward 3
representative to the Bowers Memorial
Museum Board, term ending June 30, 1981.
LIABILITY CLAIMS
Referred to administration
claims received from Janu-
ary 15 to 29, 1980.
COUNCIL REFERRAL SUMMARY
items as recommended therein.
Received and filed status
report of matters referred
to staff by Council; deleted
REPORTS TO FILE
to January 29, 1980.
Received and filed report
of Proclamations issued by
the Mayor from January 15
CONTINUE ITEMS
Continued consideration of
the following to April 7, 1980:
RESOLUTION NO. 80-4 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ~IA AMENDING RESO-
LUTION NO. 58-281 TO ADD FOUR NEW CLASS TITLES
AND TO CHANGE FIVE CLASS TITLES PERTAINING TO
ADMINISTRATIVE POSITIONS IN THE OFFICE OF THE
CITY MANAGER.
* * * * * * * CONSENT CALENDAR FINIS * * * * * *
CA 25
CA 25
CA 24
CA 24
CA 80.9
CA 65.7B
CA 80.2
CA 46
CA 50.1
CITY COUNCIL MINUTES
31
FEBRUARY 4, 1980
BID AWARD - SPEC 80-003 MOTION was made by Luxembourger,
PHYSICAL EXAMINATIONS FOR seconded by Bricken, to reject
FIRE DEPT. - APPROVED the bid from Golden West Medical
as non-responsive to the specifi-
cations and award the following on basis of lowest responsible and respon-
sive bidder:
SPEC 80-003 - Physical Examinations
for Fire Department Personnel (PRO-
JECT 8366); awarded to Life Extension
Institute Medical Group, Inc., San
Diego, in the amount of $34,100.00.
(Agenda Item 3D)
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembour§er, Markel, Serrato, Ward, Yamamoto
None
None CA 89
ABC LICENSE APPLICATION
2225 S. MAIN ST.
RECEIVED & FILED WITH PROTEST
MOTION was made by Bricken,
seconded by Ward, to receive
and file the following item
with protest:
KANSO, Adib & Mahassen, 2225 S. Main -
Original Type 21 Off-sale General.
(Agenda Item 5C)
AYES:
NOES:
ABSENT:
Bricken, Griset, Markel, Serrato, Ward, Yamamoto
Luxembourger
None
CA 146.1
ABC LICENSE APPLICATION
2271 N. FAIRVIEW
RECEIVED & FILED WITH PROTEST
MOTION was made by Bricken,
seconded by Luxembourger,
to receive and file the
following item with protest:
RAMOS, Gerald, 2271N. Fairview -
Type 21 Off-sale General. PROTEST -
Planning Department - (Minor Exception
required.) (Agenda Item 5D)
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 146.1
ABC LICENSE APPLICATIONS
2419 N. GRAND & 2154 S. BRISTOL
RECEIVED & FILED WITH PROTEST
MOTION was made by Bricken,
seconded by Serrato, to
receive and file the follow-
ing items with protest:
YEE, Kam, 2419 N. Grand - Original Type 21
Off-sale General. PROTEST - Planning
Department (Minor Exception required.
(Agenda Item 5E)
CRIVELLO, Vince, 2154 S. Bristol - Origin-
al Type 41 On-sale Beer and Wine. PROTEST -
Planning Department (Minor Exception required.)
(Agenda Item 5F)
CITY COUNCIL MINUTES
32
FEBRUARY 4, 1980
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 146.1
VARIANCE NO. 79-49
1701 EAST EDINGER
SET FOR HEARING FEBRUARY 19
MOTION was made by Bricken,
seconded by Griset, to set
the following for public hear-
ing on February 19, 1980:
NEGATIVE DECLARATION & VA 79-49 - Filed
by Eagles Nest Christian Fellowship to
allow a Christian fellowship hall and
offices in an existing building which
has parking for industrial uses at 1701
East Edinger. APPROVED. (Agenda Item
8B)
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 13
TENTATIVE TRACT MAP 10874 MOTION was made by Yamamoto,
NORTH SIDE OF HAZARD WEST OF seconded by Ward, to approve
HARBOR - APPROVED and file the Negative Declara-
tion, approve the map subject
to conditions contained in the Planning Director's report, and waive
alley requirement on the following:
NEGATIVE DECLARATION & TRACT MAP 10874 -
(Revised) - Filed by Sails Development, Inc.
creating one R2 lot; proposed lot to be used
for condominium conversions; generally
located on the north side of Hazard, west
of Harbor Blvd.; alley waiver requested.
(Agenda Item 9B)
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 24
TENTATIVE TRACT MAPS 10963 & 10988 MOTION was made by Serrato,
MOUNTAIN VIEW; WASHINGTON AVE. seconded by Bricken, to
APPROVED approve and file the Nega-
tive Declarations, approve
the maps subject to conditions contained in the Planning Director's
reports and waive alley requirements on the following:
NEGATIVE DECLARATION & TRACT MAP 10963 -
Filed by James Kaviani creating one R2
parcel; proposed parcel to be used for
condominium purposes; generally located
on the east side of Mountain View, south
of Fifth Street; alley waiver requested.
(Agenda Item 9C)
NEGATIVE OECLARATION & TRACT MAP 10988 -
Filed by Jacobs/Riding Properties; creat-
ing one R2 lot; proposed lot to be used
for condominium purposes; generally located
on the north side of Washington Avenue,
west of Bristol Street; alley waiver
requested. (Agenda Item 9D)
CITY COUNCIL MINUTES
33 FEBRUARY 4, 1980
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 24
BOARDS & COMMISSIONS
LIBRARY BOARD NOMINATION - WARD 6
REFERRED TO COMMITTEE
tee for recommendation of nominee:
MOTION was made by Griset,
seconded by Bricken, to refer
the following nomination to
the Council Nominating Commit-
Nomination by Markel for Ward 6 representa-
tive to Library Board - Evangeline Gawronski
(Ward 2 resident) for a partial term ending
June 30, 1980 (replacing Kenneth Beko).
AYES: Bricken, Griset, Luxembourger, Serrato, Ward, Yamamoto
NOES: None
ABSENT: None
ABSTAINED: Markel
CA 80.9
BOARDS & COMMISSIONS
LIBRARY BOARD NOMINATION - WARD 4
ACCEPTED; SET FOR FEBRUARY 19
appointment on February 19, 1980:
MOTION was made by Yamamoto,
seconded by Serrato, to accept
the following nomination and
set for consideration of
Nomination by Serrato for Ward 4 representa-
tive to Library Board - Miriam Shaw (Ward 4
resident) for a partial term ending June 30, 1983
(new vacancy established by Ordinance No. NS-1499).
AYES: Bricken, Griset, Luxembourger, Serrato, Ward, Yamamoto
NOES: None
ABSENT: None
ABSTAINED: Markel
CA 80.9
ORDINANCE NO. NS-1517
FOOD PREPARATION VEHICLES
ADOPTED
MOTION was made by Bricken,
seconded by Luxembourger, to
place the following ordinance
on second reading and adopt:
ORDINANCE NO. NS-1517 - AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING SECTIONS 18-501
AND 18-502 AND ADDING SECTIONS 18-514 AND
18-515 TO THE SANTA ANA MUNICIPAL CODE, RELAT-
ING TO THE REGULATION 'OF MOBILE POOD PREPARA-
TION VEHICLES.
AYES:
NOES:
ABSENT:
Bricken, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
Griset
CA 112.14
ORDINANCE NO. NS-1518
EARTHQUAKE REDUCTION IN BUILDINGS
FIRST READING
David H. Williams, 1602 West
Pine, Santa Ana City Center
Association, spoke in favor of
the proposed ordinance.
Following discussion, MOTION was made by Bricken, seconded by Serrato, to
place the following ordinance on first reading and authorize publication
of title:
CITY COUNCIL MINUTES
34
FEBRUARY 4, 1980
ORDINANCE NO. NS-1518 - AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING THE SANTA ANA
MUNICIPAL CODE BY ADDING ARTICLE X, CONSIST-
ING OF NEW SECTIONS 8-2000 THROUGH 8-2006,
INCLUSIVE, TO CHAPTER 8, PROVIDING FOR EARTH-
QUAKE REDUCTION IN EXISTING BUILDINGS.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 87
MOTION was made by Bricken, seconded by Serrato, to instruct staff to pre-
pare an implementation program which will facilitate financial planning for
expenditures caused by compliance with the ordinance.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 87
AGENDA ORDER - RES. NO. 80-6
COMPENSATION FOR HRC/HC
POSTPONED TO EVENING
portion of the meeting.
MOTION was made by Yamamoto,
seconded by Bricken, to con-
tinue consideration of RESO-
TION NO. 80-6 to the evening
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward
Yamamoto
None
RESOLUTION N0.80-24 MOTION was made by Bricken,
REDEVELOPMENT REAL ESTATE OFFICER seconded by Serrato, to
SALARY RANGES - ADOPTED approve the revised classi-
fication specification and
salary ranges for Redevelopment Real Estate Officer, and adopt the fol-
lowing resolution:
RESOLUTION NO. 80-24 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLU-
TION NO. 58-281 TO CHANGE THE SALARY RANGES
ASSIGNED TO THE MIDDLE-MANAGEMENT CLASS OF
REDEVELOPMENT REAL ESTATE OFFICER.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Serrato, Ward
Markel, Yamamoto
None
CA 50.1
PROPOSED BALLOT MEASURES Following consideration of
JUNE 3 PRIMARY ELECTION the memorandum from Mayor
REFERRED TO STAFF Ward, dated January 29, 1980,
the MOTION made by Serrato,
seconded by Luxembourger, to remove Item 2 (Utility User Tax Limitation)
from the list of changes to the City Charter proposed for inclusion on
the June 3, 1980, primary election ballot, FAILED on the following vote:
AYES:
NOES:
ABSENT:
Serrato
Bricken, Griset, Luxembourger, Markel, Ward, Yamamoto
None
MOTION was made by Bricken, seconded by Ward, to refer the proposed amend-
ments to the City Charter to staff for referral to appropriate community
agencies for review and comment to Council in two weeks.
CITY COUNCIL MINUTES
35 FEBRUARY 4, 1980
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 129
CA 68
PROPOSED AMENDMENTS TO MOTION was made by Bricken,
CITY CHARTER - OCBDC seconded by Griset, to refer
REFERRED TO STAFF to staff the proposals con-
tained in the letter dated
January 18, 1980, from Sadie Reid, Orange County Black Democratic Caucus,
for referral to appropriate community organizations for review and comments
to Council in two weeks.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 129
CA 68
PUBLIC HEARING The Mayor opened the public
USE OF CD BLOCK GRANT FUNDS hearing for consideration
CONTINUED TO FEBRUARY 19 of 6th Year Application for
Use of Community Development
Block Grant Funds. As recommended by staff, MOTION was made by Bricken,
seconded by Luxembourger, to continue the hearing to February 19, 1980,
at 4:00 p.m., without further public notice.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 140.20
AGENDA ORDER
REMAINING AFTERNOON ITEMS
CONTINUED TO EVENING
consent of the Council.
The remaining items on the
afternoon Agenda were post-
poned to the evening meeting
by the unanimous informal
ORAL COMMUNICATION Following Comments by Billy
LOADING ZONE & DUMPSTER PROBLEMS Greenberg, proprieter of
REFERRED TO STAFF Green's Furniture, 117 North
Broadway, pertaining to lack
of City response to a request for a loading zone, and problems relating to
a trash dumpster, MOTION was made by Bricken, seconded by Griset, to refer
the matter to staff for clarification and report to Council.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 151
EXECUTIVE SESSION RECESS At 4:17 p,m. Council recessed
DINNER RECESS to Executive Session for dis-
RECONVENED cussion of possible settlement
of claims and suits for dam-
ages, and personnel matters. At 5:35 p.m. Council reconvened with all
Council members present, and immediately recessed to dinner at Marie
Callender Pie Shop, 1821 North Grand, with members of the Library Board
At 7:40 p.m. Council reconvened in the Council Chambers with all Council
members present.
INVOCATION
PLEDGE OF ALLEGIANCE
Following the Pledge of
Allegiance to the Flag,
the Invocation was given
by Councilman Yamamoto.
CITY COUNCIL MINUTES
36
FEBRUARY 4, 1980
PROCLAMATION PRESENTATIONS The Mayor's proclamation
"ARMY NATIONAL GUARD AND ARMY for "Army National Guard
RESERVE WEEK" & "LULAC WEEK" and Army Reserve Week",
beginning February 11, 1980,
was read and presented to Lt. Col. Don Roberts and Col. Merlino, U.S.
Army Reserve, by Councilman Serrato.
Councilman Griset read the Mayor's proclamation for "LULAC Week", the
week beginning February 11, 1980, and presented it to Rachel Nelson,
President of the League of United Latin American Citizens.
COMMUNITY SPOTLIGHT Helen M. Shipp, Parade 1980
BLACK HISTORY WEEK Committee Chairperson, de-
scribed the activities planned
for Black History Month in
February, and the forthcoming February 16 Black History Week Parade.
A City emblem tile plaque was presented to Mrs. Shipp by Councilman
Luxembourger.
SILVER AWARD PRESENTATION The Silver Award received
UNITED WAY OF ORANGE COUNTY by the City from United Way
of Orange County in appre-
ciation for employee participation in United Way was presented by Mayor
Ward to Arlene Bergmann, President, Santa Ana City Employees Association,
who accepted the award on behalf of the Association.
PUBLIC HEARING - APPEAL NO. 411 The Mayor announced that
EX 79-25 - 3520 WEST FIRST ST. this was the time and place
DENIED for the public hearing of
Notice of Exemption and
Appeal No. 411 of the Zoning Administrator's denial of Minor Exception
No. 79-25, which would allow on-sale beer and wine in an existing
restaurant located within 300 feet of residences at 3520 West First
Street in the C2 District,
The staff report and recommendations were presented by the Assistant
Planner.
The Clerk of the Council reported there were no written communications.
There were no speakers in favor of or in opposition to the Appeal. The
Mayor closed the public hearing.
Following discussion, MOTION was made by Yamamoto, seconded by Serrato,
to approve and file the Notice of Exemption and to instruct the City
Attorney to prepare a resolution denying Appeal'No. 411, denying Minor
Exception 79-25, affirming the decision of the Zoning Administrator.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None
PUBLIC HEARING - CONDEMNATION The Mayor announced that this
423 EAST FIRST STREET - PROJECT 1376 was the time and place for the
RESOLUTION NO. 80-25 - ADOPTED hearing of the public interest
and necessity to acquire by
condemnation the real property known as 423 East First Street for Project
1376 - Widening of First Street from Bush Street to Standard Avenue.
The Director of Public Works presented the staff report, identifying the
property and the project, and commenting on the factors and evidence
necessitating the condemnation action.
The Ma~vor reported that no written requests for hearing were received.
CITY COUNCIL MINUTES
37
FEBRUARY 4, 1980
There was no response to the Mayor's invitation to anyone wishing to
speak from the audience. The Mayor closed the public hearing.
Councilman Markel spoke in opposition to the proposed condemnation.
Following discussion, MOTION was made by Bricken, seconded by Griset, to
1) Find that the public interest and necessity require the proposed pro-
ject; that the project is planned and located in a manner that will be
most compatible with the greatest public good and the least private
injury; and that the property sought to be acquired is necessary for the
project; and 2) to adopt the following resolution:
RESOLUTION NO. 80-25 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA FINDING
AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION BY EMINENT
DOMAIN OF CERTAIN REAL PROPERTY AT 423 EAST
FIRST STREET FOR STREET WIDENING PURPOSES AND
AUTHORIZING AND DIRECTING CONDEMNATION THEREOF.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Serrato, Ward, Yamamoto
Markel
None
CA 71
PUBLIC HEARING - CONDEMNATION The Mayor announced that this
815-819 EAST FIRST STREET was the time and place for the
RESOLUTION NO. 80-26 - ADOPTED hearing of the public interest
and necessity to acquire by
condemnation the real property known as 815-819 East First Street from
Bush Street to Standard Avenue.
The Director of Public Works presented the staff report, identifying the
property and the project, and commenting on the factors and evidence
necessitating the condemnation action.
The Mayor reported that no requests for hearing were received. There was
no response to the Mayor's invitation to speakers from the audience. The
Mayor closed the public hearing.
Councilman Markel spoke in opposition to the proposed condemnation.
Following discussion, MOTION was made by Bricken, seconded by Luxembour-
ger, to 1) Find that the public interest and necessity require the pro-
posed project; that the project is planned and located in a manner that
will be most compatible with the greatest public good and the least pri-
vate injury; and that the property sought to be acquired is necessary for
the project; and 2) to adopt the following resolution:
RESOLUTION NO. 80-26 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA FINDING
AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION BY EMINENT
DOMAIN OF CERTAIN REAL PROPERTY AT 815-819
EAST FIRST STREET FOR STREET WIDENING PURPOSES
AND AUTHORIZING AND DIRECTING CONDEMNATION
THEREOF.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Serrato, Ward
Markel, Yamamoto
None
CA 71
CITY COUNCIL MINUTES
38
FEBRUARY 4, 1980
LAND USE & BUILDING SAFETY
CODE ENFORCEMENT PROGRAM
ORDINANCE NO. NS-1514
FIRST READING & PUBLICATION
extended implementation procedures.
The City Manager presented
the staff report, describing
the continuing need for the
Program, its aims, present
status, and the proposed
Mayor Ward summarized the action recommended by the Human Relations and
Housing Commission contained in the letter dated January 23, 1980, from
James Kelly, Sr., Chairman. The Mayor listed the written communications
received by Council ~ertaining to the proposal, and invited speakers
from the audience.
Speakers in opposition were:
Rachel Nelson, 1202 S. Main Street, Coalition of Community Organizations
Alex Acevedo, 201 E. 4th Street, Mexican-American Chamber of Commerce
Baldwin Keenan, 1233 W. Carlton Place, Carpenters Local No, 815
Zeke Hernandez, 1238 W.Chestnut
Leo Avila, 5660 Fox Hills Ave., Buena Park, American GI Forum
Martin Mora, 2423 South Park Drive
Janie Armstrong, 209-A North Harper
Gerry Mon~ello, 1311E. Third Street
Arturo Rodolfo Moreno, 630 S. Corta Drive
Miles Leach, 2025 West 10th Street
There were three additional speakers in opposition from the American GI Forum
who did not file their names and addresses with the Clerk of the Council.
Speakers in favor were:
Mickey Madden, 800 N. Tustin Avenue
Joseph De Carlo, 908 S. Shelton
RECESS
The Mayor declared a recess
at lO:O0 p.m. Council recon-
vened at 10:10 p.m. with all
members present.
LAND USE & BUILDING SAFETY MOTION was made by Bricken,
CODE ENFORCEMENT PROGRAM seconded by Serrato, to express
Council's appreciation to the
Human Relations and Housing
Commission for its comprehensive report and recommendations in response
to Council's referral of the proposal to the Commission on November 19,
1979.
AYES:
NOES:
ABSENT:
8ricken, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
Gri set
MOTION was made by Bricken, seconded by Serrato, to NOT adopt the following
emergency ordinance:
ORDINANCE NO. NS-1513 - AN EMERGENCY
ORDINANCE OF THE CITY OF SANTA ANA
~4ENDING SECTION 1-18 OF THE SANTA ANA
MUNICIPAL CODE TO AUTHORIZE THE DIREC-
TOR OF BUILDING SAFETY, THE SENIOR
BUILDING INSPECTORS, AND THE BUILDING
INSPECTORS OF THE CITY OF SANTA ANA
TO ISSUE CITATIONS FOR VIOLATIONS OF
CHAPTER 8 OF THE SANTA ANA MUNICIPAL
CODE AND STATING THE REASONS FOR ITS
URGENCY.
CITY COUNCIL MINUTES
39
FEBRUARY 4, 1980
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None
Following discussion, the following motions were made in response to the
action recommended by the Human Relations and Housing Commission:
MOTION by Bricken, seconded by Griset, to place the following ordinance
on first reading and authorize publication of title:
ORDINANCE NO. NS-1514 - AN ORDINANCE
OF THE CITY OF SANTA ANA AMENDING SEC-
TION 1-18 OF THE SANTA ANA MUNICIPAL
CODE TO AUTHORIZE THE DIRECTOR OF
BUILDING SAFETY, THE SENIOR BUILDING
INSPECTORS, AND THE BUILDING INSPECTORS
OF THE CITY OF SANTA ANA TO ISSUE CITA-
TIONS FOR VIOLATIONS OF CHAPTER 8 OF
THE SANTA ANA MUNICIPAL CODE.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxe~ourger, Markel, Serrato, Ward
Yamamoto
None
MOTION by Bricken, seconded by Serrato, that a Sensitive Code
Enforcement Program, with a written procedure incorporating the
following policy directives proposed by Councilman Bricken, be
developed by staff for use by all departments in implementing
Council's policy:
(1)
Notification of Immigration & Naturalization Service. Human
rights of individuals and the dignity of man transcend national
boundaries. In most cases, the undocumented individual is not
a person to be disdained, but simply a violator of a Federal
law who has become such in an effort to better the lot of him-
self and his family.
In those cases where a person is a reporting party, witness,
or tenant associated in a Code enforcement action, there shall
be no cause to investigate his legal status in this country.
In no case shall mere suspicion that a person is undocumented
be considered cause for stop, interrogation or investigation
to determine the legality of his or her status in this country.
(2)
Enforcement Against Property Owners. It shall be the primary
objective of the Program to enforce the Code provisions against
the owners of the property in question and/or their duly author-
ized agents.
(3)
Code Enforcement. Code enforcement inspectors shall conduct
their responsibilities in a sensible and sensitive manner,
including, but not limited to, use of bilingual communication
and thoughtful application of City property use data.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward
Yamamoto
None
MOTION by Bricken, seconded by Griset, to refer the University of
Detroit Journal of Urban Law, Volume 55, Issue 3, to the City
Attorney for review and incorporation into Program procedures,
to insure that human rights are not violated.
AYES: Bricken, Griset, Luxembourger, Markel, Serrato, Ward
NOES: Yamamoto
ABSENT: None
CITY COUNCIL MINUTES
40 FEBRUARY 4, 1980
e
e
MOTION by Bricken, seconded by Ward, to request immediately all
assistance possible from Federal officials to alleviate over-
crowding and to meet immi9rants' housing needs in Santa Ana and
other Orange County cities.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None
MOTION BY Griset, seconded by Bricken, to refer the Program to the
Housing Commission for on-going review and the preparation of
reports to Council.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward
Yamamoto
None
CA 87
SMOKING IN Following discussion of the
SANTA ANA PUBLIC LIBRARIES recommendation contained in
DISALLOWED the report dated January 28,
1980, prepared by the Library
Director, that the present policy of allowing smoking only in the Browsing
Room of the Central Library, MOTION was made by Yamamoto, seconded by
Ward, that there be NO smoking allowed in the City's public libraries,
AYES: Luxembourger, Markel, Ward, Yamamoto CA 56
NOES: Bricken, Griset, Serrato CA 80.6
ABSENT: None CA 145.6
GENERAL PLAN REVISION PROGRAM As recommended in the Planning
STAFF RECOMMENDATION Department report dated Janu-
APPROVED ary 30, 1980, MOTION was made by
Bricken, seconded by Serrato,
to approve final outline of the General Plan Revision Program, approve con-
sultant submittal requirements and request for qualifications and interest
package, and to authorize its distribution to consultants.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 78.3
MANAGEMENT INFORMATION SYSTEM As recommended by the Director
SPEC 79-035 - BID AWARD & AGREEMENT of Personnel in the report dated
APPROVED January 28, 1980, MOTION was
made by Luxembourger, seconded
by Bricken, to approve proposal from Management Science America, Inc., in
the amount of $30,000.00, and direct the City Attorney to prepare contract
to provide a Personnel Management Information System for Council approval.
AYES: Bricken, Griset, Luxembourger, Serrato, Ward, Yamamoto /~ ~ ~0
NOES: Markel
ABSENT: None CA 50
C~ 79
NATIONAL URBAN RUNOFF PROGRAM As recommended in the report
SCAG PROPOSAL dated January 28, 1980, pre-
REJECTED pared by the Director of Pub-
lic Works, MOTION was made
by Bricken, seconded by Serrato, to reject the Southern California Asso-
ciation of Governments proposal for participation of the City in the
South Coast Element of the National Urban Runoff Program.
CITY COUNCIL MINUTES
41
FEBRUARY 4, 1980
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Serrato, Ward
Markel, Yamamoto
None
CA 12
CA 141
CETA TITLE I ADMINISTRATIVE
COST POOL - AGREEMENT & A.A. #111
APPROVED
made by Bricken, seconded by Ward, to
As recommended by the Man-
power Project Coordinator
in the report dated Janu-
ary 24, 1980, MOTION was
l)
Authorize execution by Ma.vor and Clerk of contract
modification between City and County Manpower
Commission for additional $6,§81.00 for administra-
tion of CETA Title I Programs; and
A-80-14
2) Approve Appropriation Adjustment #111 bringing
$14,395.00 into the City.
CA 65.3
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None
RESOLUTION NO. 80-6 MOTION was made by Yamamoto,
COMPENSATION FOR HRC/HC seconded by Luxembourger, to
REVISED & ADOPTED revise the following resolu-
tion in accordance with the
recommendation of the City Attorney, and adopt:
RESOLUTION NO. 80-6 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA INCREASING THE
RATE OF COMPENSATION FOR MEMBERS OF THE HUMAN
RELATIONS COMMISSION.
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 80.9
RESOLUTION NO. 80-27 Pursuant to Council discus-
COMPROMISE & RELEASE OF sion in Executive Session
CLAIM - ADOPTED earlier in the meeting,
MOTION was made by Serrato,
seconded by Markel, to adopt the following resolution:
RESOLUTION NO. 80-27 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A
COMPROMISE AND RELEASE OF A CERTAIN WORKERS'
COMPENSATION CLAIM AGAINST THE CITY. (Neal M.
Hewitt; $27,000.00)
AYES:
NOES:
ABSENT:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
None
None CA 139
ORAL COMMUNICATION Zeke Hernandez, 1238 West
POLICY OF HRC/HC Chestnut, commented regard-
ZEKE HERNANDEZ ing the need for Human Rela-
tions/Housing Commission
to be responsive to the community when formulating recommendations to
the Council. CA 80.9
CITY COUNCIL MINUTES
42 FEBRUARY 4, 1980
ADJOURNMENT By unanimous informal con-
sent, Council adjourned at
ll:15 p.m. to February 6,
1980, at 5:00 p.m. in City
Hall, Room 831, for a work study session with the Santa Ana Neighborhood
Housing Services Board.
JAN~CE C. 'GUY .... · ~ - ·
CLERK OF THE COUNCIL
CITY COUNCIL MINUTES
43
FEBRUARY 4, 1980