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HomeMy WebLinkAbout03-17-1980MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA March 17, 1980 The meeting was called to order at 1:06 p.m. by Vice Mayor Gordon Bricken in the City Council Chambers, 22 Civic Center Plaza. Council members present were Gordon Bricken, R. W. Luxembourger, J. Ogden Markel, Alfred C. Serrato, and Harry K. Yamamoto. M~or Ward and Daniel E. Griset were absent. Also present were City Manager Carl J. Thornton, City Attorney Keith L. Gow, and Clerk of the Council Janice C. Guy. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Alle- giance to the Flag, the Invoca- tion was given by Councilman Yamamoto. JOINT PUBLIC HEARING - COUNCIL Vice Mayor/Agency member Bricken & REDEVELOPMENT AGENCY - SALE OF opened the joint public hearing PROPERTY - HARRY & EVELYN GREENBERG of the City Council and Community RES. 80-19 & 80-20 - ADOPTED Redevelopment Agency for the pro- posed sale of property bounded on the north by Second Street, on the west by Broadway, on the south by First Street, and on the east by Sycamore Street, by the Community Redevelopment Agency to Harry & Evelyn Greenberg for the development of a parking lot. The Associate Real Property Agent for the Community Redevelopment Agency displayed a map of the property proposed to be sold by the Agency and described the proposed development. The Executive Director, Redevelopment and Housing, reported there were no written communications, explained a conflict had recently arisen between the Greenbergs and Fainbargs involving a 25' wide portion of the property, and discussed staff efforts to resolve the dispute. The following persons spoke in favor of the proposed sale: Billy Greenberg, 11211 Hunting Horn Drive Harry Greenberg, 34545 Camino Capistrano, Capistrano Beach Howard Way, 801 West Tenth Street Allan Fainbarg, 3175 Airway Avenue, Costa Mesa, spoke in opposition to the proposed sale. There were no other speakers; the public hearing was closed. Following Council/Agency discussion and action taken by the Community Redevelopment Agency, MOTION was made by Serrato, seconded by Luxembourger, to adopt the following resolution with the stipulation that the Fainbargs be granted easement for access to load and unload equipment for business purposes: RESOLUTION NO. 80-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED MAJOR COMMERCIAL REHABILITATION OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HARRY AND EVELYN GREENBERG FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward CITY COUNCIL MINUTES 89 MARCH 17, 1980 MOTION was made by Serrato, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 80-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A MAJOR COMMERCIAL REI~qBILITATION OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMU- NITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HARRY AND EVELYN GREENBERG FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT; APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY; AND APPROVING THE MAJOR COMMERCIAL REHABILITATION OWNER PARTICIPATION AGREEMENT PER- TAINING THERETO. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward CA 82.4 RECESS - Council/Agency recessed at 2:38 COMMUNITY REDEVELOPMENT AGENCY p.m.; at 2:45 p.m. the Regular CITY COUNCIL - RECONVENED Meeting of the Community Redevel- opment Agency was reconvenedo At 4:00 p.m. the Regular Meeting of the City Council was reconvened with the same members present. CONSENT CALENDAR ITEMS REMOVED & DISSENTING VOTES and 5D by Markel. Item I was removed from the Con- sent Calendar by Luxembour§er; Items 2A, 3E, 5A and 5B by Bricken; and Items 3B, 4A, 5C CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED MOTION was made by Serrato, sec- onded by Luxembourger, to approve the staff recommendation on the following Consent Calendar items: AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 4050 - Construction of Storm Drain from Melric Drive to C-5 Channel - Public Works Department. PROJECT 6135 - Santa Ana Zoo Identification Sign - Recreation and Parks. PROJECT 7128 - Annual Weed Abatement Contract - Public Works Department. CA 89 BID AWARDS Awarded the following on basis of lowest responsible and responsive bidder: SPEC 79-037 - One 60" Ride-on Type Mower - Recreation & Parks (replacement); awarded to Toro Pacific Distrib- uting, Gardena, in the total amount of $6,879.40. CITY COUNCIL MINUTES 9O MARCH 17, 1980 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued PROJECT 6155 - Security Lighting at Mabury Park - Recreation & Parks; awarded to Davenport Electric, Santa Ana~ in the total amount of $21~895.00. PROJECT 8191 & PROJECT 8132 - Alterations of Police Facility and Annex Building - Public Works; awarded to Dynamic Construction, Inc., in the total amount of $248,400.00. CA 89 CHANGE ORDERS Approved the following change order: PROJECT 7219 B - Curb & Sidewalk Reconstruction, Central Area; Change Order No. 1, increasing in the amount of $13,382.30 (21.49%). DEED NO CASH GRANTOR CITY Authorized execution of the following deed by Mayor and Clerk: VARIOUS OWNERS OF RECORD - North of Segerstrom, West of Croddy; extinguish storm drain easement. VARIANCES - CUP - MINOR EXCEPTIONS - CONDO CONVERSION WAIVER on the following: Approved and filed Negative Declarations, Notice of Exemption and Planning Commission Findings of Fact NOTICE OF EXEMPTION & WAIVER 79-1 - Filed by A & C Properties, Inc., requesting waiver for parking requirements, separate water meters and separate sewer connections for a condominium conversion at 1345 Cabrillo Park Drive in the R4 District. APPROVED - Separate Water Meters & Sewer Connec- tions; DENIED - Waiver for Parking Requirements. CA 89 CA 155 CA 13.6 NEGATIVE DECLARATION & VA 80-1 - Filed by Starlight Baptist Church to remodel an existing church and waive 17 of the required 37 parking spaces in the R2 District. APPROVED. NEGATIVE DECLARATION & VA 80-6 - Filed by Arthur and Elaine Mel9oza to allow the development of a two-family residence, waiving the density and rear yard setback requirements of the R1 District at 208 S. Franklin Street. APPROVED. CA 13 NEGATIVE DECLARATION & CUP 80-2 - Filed by Lindborg- Dahl to allow condominium development on a parcel to be rezoned from the C2 District to the R 2-PRD District. APPROVED. CA 13.1 FINAL PARCEL MAP Approved the following map and accepted the dedications thereon: PARCEL MAP 79-900 - Southeast Corner of First & Fairview Streets; 2 lots. CA 25.2 COMPLETION OF IMPROVEMENTS Authorized release of performance, monument, labor and materials bonds on the following: CITY COUNCIL MINUTES 91 MARCH 17, 1980 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued TRACT 9963 - Southeast Corner of Kent Avenue & Newhope Street. CA 24 AGREEMENTS Approved the following agree- ments and authorized their execution by Mayor and Clerk: ANIMAL SHELTER SERVICES - Between City and County to extend for one year from July 1, 1980, through June 30, 1981, the existing agreement, and to provide additional services. A-80-28 RENTAL OF EDDIE WEST FIELD-SANTA ANA STADIUM - Between City and Western Sportmasters, Inc. (Sunshine Soccer Club) for rental of Stadium during 1980, 1981 and 1982 American Soccer League seasons. A-80-29 RENTAL OF EDDIE WEST FIELD-SANTA ANA STADIUM - Between City and Orange County Rhinos Football Corporation for rental of Stadium during 1980, 1981 and 1982 Football League Seasons. A-80-30 CETA TITLE VI PROJECT AGREEMENTS - THREE MONTH EXTENSION - Between City and community based non-profit organizations {listed in the report) to extend for three months from March 1, 1980, to June 30, 1980, the existing agreements to allow expenditure of allocated funds as required by Department of Labor regulations. A-80r30A~ MANAGEMENT INFORMATION SYSTEM - Between City and Management Science America, Inc. to implement the System. 57~ ~- ~5x A-80-31 BOARDS-COMMISSIONS- Accepted the following nomina- ~ COMMITTEES tions and set for consideration of appointment on April 7, 1980: Facilities Naming Committee with members designated as follows: Designation Mayor or Appointee Board of Recreation and Parks Cultural Heritage Committee Planning Commission City Staff Member ~ard Albert Salgado Mrs. Weston Walker Harold Gosse, Jr. Quinn Moore Appointed the following: Albert A. Alves, Ward 2 representative to the Redevelopmont Project Area Committee, for a partial term ending June 30, 1980 (replacing Mark Howes). CA 80.9 LIABILITY CLAIMS Referred to administration claims received from February 26 to March 11, 1980. CA 65.7B COUNCIL REFERRAL SUMMARY Received and filed status report of matters referred to staff by Council; deleted item as recommended. CA 80.2 CITY COUNCIL MINUTES 92 MARCH 17, 1980 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued REPORTS TO FILE Received and filed the following reports: PROCLAMATIONS - Issued by the Mayor from February 26 to March 11, 1980. CA 46 CALIFORNIA HOUSING FINANCE AGENCY (CHFA) SURVEY STATUS REPORT CA 137 MARKS-FORAN BOND PROGRAM - UPDATE CA 140.20 CA 87 ADMINISTRATIVE COST STUDY - REHABILITATION LOAN PROGRAM CA 87 CONTINUE ITEMS Continued the following to April 7, 1980: DEFERRED SECOND LOAN INCREASES - HOUSING REPLACEMENT PROGRAM CA 87 * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * MINUTES - MARCH 3 & MARCH 5, 1980 CORRECTED & APPROVED Yamamoto voting NO rather than Ward. Reference was made to page 76 by Yamamoto regarding VA 79-50, correcting the vote on the AMENDMENT to the motion to show Reference was made by Luxembourger to Page 85 regarding the oral communica- tion from William A. Gray, Vista Development Corp., correcting the vote on reconsidering the matter to show Luxembourger voting AYE and Markel voting NO. MOTION was made by Serrato, seconded by Luxembourger, to approve the Minutes of the March 3, 1980, Regular Meeting as corrected, and the March 5, 1980, Adjourned Regular Meeting. (Agenda Item 1) AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward BID CALL - PHYSICAL FITNESS EQUIPMENT - FIRE DEPARTMENT CONTINUED TO APRIL 7, 1980 bids on the following: The MOTION made by Luxembourger, seconded by Yamamoto, FAILED to approve plans and specifications and authorize advertisement for Physical Fitness Equipment (210 pairs running shoes) - Fire Department. (Agenda Item 2A) AYES: NOES: ABSENT: Luxen~bourger, Markel, Yamamoto Bricken, Serrato Griset, Ward MOTION was made by Serrato, seconded by Bricken, to continue consideration of the matter to April 7, 1980. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 89 BID AWARD - PROJECT 2072 BUS PADS AT 6TH & FLOWER APPROVED MOTION was made by Luxembourger, seconded by Yamamoto, to award the following on basis of lowest responsible and responsive bidder: CITY COUNCIL MINUTES 93 MARCH 17, 1980 PROJECT 2072 - Construct Bus Pads on East Side of Flower Street, South of Sixth Street - Public Works; awarded to Fleming Engineering, Inc., in the total amount of $10, 961.50. (Agenda Item 3B) AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 89 BID AWARD - SPEC 79-026 MOTION was made by Luxembourger, WORD PROCESSING MACHINE seconded by Serrato, to reject APPROVED certain bids as non-responsive to the specifications, as recom- mended in the Summary of Bids report submitted, and to award the following on the basis of lowest responsible and responsive bidder: SPEC 79-026 - Word Processing Machine & Screen; Text Printer - Finance Department; awarded to University Minicomputer, Inc., in the amount of $14,749.90. (Agenda Item 3E) AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 89 CHANGE ORDER - PROJECT 7121 PAINT TANK AT EAST STATION APPROVED MOTION was made by Yamamoto, to approve the following change order: PROJECT 7121 - Paint Six Million Gallon Tank at East Station; Change Order No. 1, increasing in the amount of $4,498.07 (12.0%). (Agenda Item 4A) AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 89 AGENDA ORDER ABC LICENSE APPLICATIONS POSTPONED TO EVENING SESSION was postponed to the evening meeting: By unanimous informal consent of Council, consideration of the following Alcoholic Bever- age Control license applications COSIO, Ramiro, 1720 S. Grand Ave. - Original Type 41 On-sale Beer & Wine, Public Eating Place. (Agenda Item 5A) BADDER, Charles & Vincent, 605 S. Harbor Blvd. - Original Type 47 On-sale General, Public Eating Place. (Agenda Item 5B) CA 146 ABC LICENSE APPLICATION 2745 W. MC FADDEN REPORT - RECEIVED & FILED The MOTION made by Luxembourger, seconded by Serrato, FAILED to receive and file staff report of the following: SOUTHLAND CORP., 2745 W. McFadden - Original Type 20 Off-sale Beer & Wine. PROTEST - Minor Exception required - Planning Department. (Agenda Item 5C) AYES: NOES: ABSENT: Bricken, Luxen~bourger, Serrato Markel, Yamamoto Griset, Ward CITY COUNCIL MINUTES 94 MARCH 17, 1980 Councilman Markel was asked to reconsider his vote since the action sup- ported a protest by staff, and the MOTION carried as follows: AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato Yamamoto Griset, Ward CA 146.1 ABC LICENSE APPLICATION 5110 W. WESTMINSTER AVE. REPORT - RECEIVED & FILED MOTION was made by Serrato, seconded by Luxembourger to receive and file the staff report of the following: NGO, Huong, 5110 W. Westminster Ave. - Original Type 20 Off-sale Beer & Wine. PROTEST - Minor Exception required - Planning Department. (Agenda Item 5D) AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yaman~to None Griset, Ward CA 146.1 ORDINANCE NO. NS-1519 DESIGNATION - HISTORICAL PLACES SECOND READING - ADOPTED MOTION was made by Luxembourger, seconded by Serrato, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1519 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING CHAPTER 30 TO THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE DESIGNATION OF PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward CA 85 ORDINANCE NO. NS-1520 SMOKING IN CITY LIBRARIES SECOND READING - ADOPTED MOTION was made by Yamamoto, seconded by Luxembourger, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1520 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE II TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO REGULATION OF SMOKING IN CITY LIBRARIES. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Yamamoto Serrato Griset, Ward CA 56 ORDINANCE NO. NS-1522 SANTA ANA ZOO IN PRENTICE PARK FIRST READING & PUBLICATION publication of title: MOTION was made by Yamamoto, seconded by Serrato, to place the following ordinance on first reading and authorize ORDINANCE NO. NS-1522 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 31-2 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW FOR THE CLOSING OF THE ZOO IN PRENTICE PARK ON NEW YEARS DAY, AND TO AUTHORIZE THE DIRECTOR OF RECREATION AND PARKS TO ESTABLISH THE HOURS WHEN SAID ZOO SHALL BE OPEN TO THE PUBLIC. CITY COUNCIL MINUTES 95 MARCH 17, 1980 AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 52.3 RESOLUTION NO. 80-47 POLICE MEDIA RELATIONS OFFICER ADOPTED MOTION was made by Luxembourger, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 80-47 - ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESO- LUTION NO. 58-281 TO ADD ASSIGNMENT PAY DIFFER- ENTIAL TO CLASS OF POLICE SERVICE OFFICER FOR POSITION ASSIGNED ADDED RESPONSIBILITIES AS POLICE MEDIA RELATIONS OFFICER. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 50.1 RESOLUTION NO. 80-49 VA 79-50 - 1202-1216 CIVIC CENTER ADOPTED MOTION was made by Yamamoto, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 80-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION GRANTING VARIANCE APPLICATION NO. 79-50. (1202-1216 Civic Center Drive West) AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward CA 13.3A RESOLUTION NO. 80-50 VA 79-53 - 902 Wo EDINGER ADOPTED MOTION was made by Serrato, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 80-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION GRANTING VARIANCE APPLICATION NO. 79-53. (902 W. Edinger) AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 13.3A RESOLUTION NO. 80-51 AHFP PROGRAM FUNDS - FLOWER ST. ADOPTED MOTION was made by Serrato, seconded by Yamamoto, to adopt the following resolu- tion: RESOLUTION NO. 80-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUEST- ING THE COUNTY OF ORANGE TO INCREASE ITS ALLOCATION OF ARTERIAL HIGHWAY FINANCING PROGRAM FUNDS FOR THE DEVELOPMENT OF FLOWER STREET BETWEEN PINE STREET AND SANTA ANA BOULEVARD. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 29.4A CITY COUNCIL MINUTES 96 MARCH 17, 1980 RESOLUTION NO. 80-52 MOTION was made by Luxem- PARKS RENOVATION SUPERVISOR bourger, seconded by Bricken, ADOPTED to approve the classification specifications for Parks Renovation Supervisor and adopt the following resolution: RESOLUTION NO. 80-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 58-281 TO ADD THE NEW CLASS TITLE OF PARKS RENOVATION SUPERVISOR FOR THE PURPOSE OF ALLOCATING LIMITED-TERM POSITIONS ASSIGNED TO A FEDERALLY FUNDED PARKS BEAUTIFI- CATION AND MANPOWER TRAINING PROJECT. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 50.1 RESOLUTION NO. 80-53 TAXPAYER'S ACTION - ATSF RAILWAY ADOPTED MOTION was made by Yamamoto, seconded by Luxembourger, to adopt the following reso- lution: RESOLUTION NO. 80-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUEST- ING THE COUNTY COUNSEL TO DEFEND A TAXPAYER'S ACTION BROUGHT AGAINST THE CITY AND REPEALING RESOLUTION NO. 80-41. (Atchison, Topeka and Santa Fe Railway Company, et al) AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 139 RESOLUTION NO. 80-54 ISSUANCE OF BONDS - CRA ADOPTED MOTION was made by Serrato, seconded by Luxembourger, to adopt the following resolu- tion: RESOLUTION NO. 80-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ISSUANCE OF BONDS BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward CA 82.4 OCHA RESOLUTION - REFERENDUM In response to the letter SENIOR CITIZENS HOUSING dated March 3, 1980, from EXPRESSED APPRECIATION; John L. Avitabile, Executive DECLINED PARTICIPATION Director, Orange County Housing Authority, recommend- ing CitY participation in Referendum Election to permit City to receive State or Federal housing assistance funds, MOTION was made by Luxem- bourger, seconded by Bricken, to express appreciation to OCHA for the invitation to participate, and to decline City participation. AYES: NOES: ABSENT: Bricken, Luxe~ourger, Serrato, Yamamoto Markel Griset, Ward CA 112.11 CITY COUNCIL MINUTES 97 MARCH 17, 1980 ORAL COMMUNICATION - JULES KERKER Jules Kerker, 15681 Primrose, SMOKING IN PUBLIC FACILITIES Westminster, expressed apprecia- tion to Council for action on Ordinance No. NS-1520 regulating smoking in City libraries. Mr. Kerker further suggested that the City conduct a study which would measure cost savings to the City whereby better health would be promoted among employees by reducing or eliminating smoking in public facilities. By unanimous informal consent, Council thanked Mr. Kerker for his suggestion and requested that he submit same to the new City Manager. CA 56 ORAL COMMUNICATION - LUIS ORTIZ Luis Ortiz, 213 No Broadway, RENTAL OF STADIUM requested Council consideration REDUCTION IN FEE - APPROVED of a reduction in the $595 fee to $400 for use of the Stadium on Saturday, March 22, 1980, for the E1Presidente Soccer Club game, with the usual 10% of gross receipts to go to City. Following discussion, MOTION was made by Serrato, seconded by Luxembourger, to approve the reduc- tion in the $595 fee to $400. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 52.8 ORAL COMMUNICATION - THELMA MACH Thelma Mach, 217 N. Bewley, ERECTION OF FENCE & TREE reported that her fence had PRESERVATION been removed by the City to facilitate installation of sidewalks and that re-erection costs would be her responsibility. The Director of Public Works informed Council that an apparent lack of com- munication existed; he had instructed his staff to inform Mrs. Mach that her fence would be re-erected and charged to the project. A further request to save trees on Mrs. Mach's property damaged by the sidewalk installation was referred to staff by the Vice Mayor. CA 90 ORAL COMMUNICATIONS Mr. Markel reported two possible MARKEL violations of the noise control ABATEMENT OF NOISE ordinance. One involves trash collections on Sundays being made as early as 3:00 a.m. The other involves operation of heavy equipment on the northeast corner of MacArthur and Bristol on Sunday mornings. Both items were referred to the Planning Department for investigation and enforce- ment of the noise control ordinance by unanimous informal consent of the Council. CA 145.4 EXECUTIVE SESSION NOT HELD and/or personnel matters. The Council did not recess to the executive session scheduled for discussion of possible settlement of claims and suits for damages AGENDA ORDER - AFTERNOON ITEMS Remaining afternoon agenda items were deferred to the evening session by unanimous informal consent of the Council. DINNER RECESS At 5:10 p.m. Council recessed to dinner at Sombrero Street Restau- rant, 719 North Main Street. CITY COUNCIL MINUTES 98 MARCH 17, 1980 RECONVENED INVOCATION PLEDGE OF ALLEGIANCE Griset were absent. The meeting was reconvened at 7:30 p.m. in the City Council Cha~ers by the Vice Mayor. Mayor Ward and Councilman Following the Pledge of Allegiance to the Flag, the Invocation was given by Vice Mayor Bricken. COMMUNITY SPOTLIGHT Dee Warbington, Services CATHOLIC SOCIAL SERVICES Coordinator, described the organization, locations and services provided by Catholic Social Services. Councilman Yamamoto presented a City Seal emblem tile plaque to the organization in appreciation for service to the community. CA 9.4 CITY SEAL TILE PLAQUE Mater Dei High School MATER DEI HIGH SCHOOL Assistant Principal John Burson and Student Body President Joe Donohue, accepted a City Seal tile plaque on behalf of the school, presented by Vice Mayor Bricken in recognition for outstanding effort towards the betterment of humanity through community action. CA 73B SPECIAL PRESENTATIONS The Mayor's proclamation for ORANGE COUNTY SPECIAL OLYMPICS "Special Olympics Week", March 17 through 31, 1980, was presented to Madaline Evans, Area Coordinator, and Joyce Faye Lawson, City Coordinator, by Councilman Luxembourger. The Councilman also presented Keys to the City to the following Special Olympics Parade Committee members: Jim Camarena - Huntington Beach School District Judy Northcliffe - Executive Secretary, Holiday Hacienda, Westminster Richard Ealy - Scholarship Student in Psychology, Cypress Madaline Evans - Area Coordinator, Orange County Special Olympics Chad Wilson - Equipment, Santa Ana Keys were also presented to the Committee for John Ramus, OCARC (Santa Ana- Anaheim); Debbie French, Investment Company, Newport Beach; and Pat Rogers, Gui dance Center, Huntington Beach; who were not present. The Area Coordinator, on behalf of the Committee, presented a plaque in appreciation to the City. The Vice Mayor read a letter from the Orange County Board of Supervisors commending the City for hosting the Special Olympics. CA 73 A & B PROCLAMATION Councilman Serrato presented "VIETNAM VETERANS WEEK" the Mayor's proclamation for "Vietnam Veterans Week", May 23 through 29, 1980, to Dean Williams, Chairman of the Orange County Vietnam Veterans Committee, com- posed of various veterans groups in the community, sponsors of the event. CA 46 PUBLIC HEARING - APPEAL #413 The Vice Mayor opened the CUP 79-34 - 2643 N. MAIN ST. public hearing for considera- APPEAL GRANTED; CUP APPROVED tion of Negative Declaration and Appeal No. 413, filed by Pacific Outdoor Advertising Co., to permit construction of an outdoor advertising sign (billboard) at 2643 North Main Street in the C2 District; and Conditional Use Permit No. 79-34, which was denied without prejudice by the Planning Commission following public hearing on February 11, 1980. CITY COUNCIL MINUTES 99 MARCH 17, 1980 The staff report and recommendations were presented by the Associate Planner. The Clerk of the Council reported there were no written communications. Jay Kingry, representing Pacific Outdoor Advertising Co., the appellant, spoke in favor of the Appeal and the proposed Conditional Use Permit. There were no other speakers in favor of, or in opposition to, the Appeal. The Vice Mayor closed the public hearing. Following discussion, MOTION was made by Yamamoto, seconded by Markel, to approve and file the Negative Declaration; and to instruct the City Attorney to prepare a resolution granting Appeal No. 413 and approving Conditional Use Permit No. 79-34, for a five year period, subject to removal by appli- cant of the sign within 30 days when requested by the City without cost to the City; and overruling the decision of the Planning Commission. AYES: NOES: ABSENT: Luxembourger, Markel, Serrato, Yamamoto Bricken Griset, Ward CA 13.3A Councilman Markel left the Council Chamber. PUBLIC HEARING - AMENDMENT The Vice Mayor opened the APPLICATION NO. 828 public hearing for considera- 2506 W. 1ST ST. - APPROVED tion of Negative Declaration and Amendment Application No. 828, filed by Lindborg-Dahl to rezone property from the C2 District to the R-PRD District, or a more restrictive district, to allow development of 44 condominium units at 2506 West First Street. The staff report and recommendations were presented by the Associate Planner. The Clerk of the Council reported there were no written communications. David D. Dahl, General Partner of Lindborg-Dahl, the applicant, stated that he would answer questions Council might have about the project. There were no other speakers for or against the proposal. The Vice Mayor closed the public hearing. MOTION was made by Luxembourger, seconded by Yamamoto, to approve and file the Negative Declaration, and to place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1523 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 828 TO REZONE PROPERTY LOCATED AT 2506 WEST FIRST STREET, BETWEEN FAIRVIEW AND SULLIVAN STREETS, FROM THE C2 (GENERAL COMMERCIAL) DISTRICT TO THE R2 - PRD (MULTIPLE FAMILY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL MAP NO. 15-5-10. AYES: NOES: ABSENT: Bricken, Luxen~ourger, Serrato, Yamamoto None Griset, Markel, Ward CA 10 HOUSING COMMISSION ROLE IN Following consideration of the HOUSING PROGRAMS report dated March 5, 1980, STATUS QUO RETAINED prepared by the Executive Director of Redevelopment and Housing, MOTION was made by Yamamoto, seconded by Luxembourger, to retain the Housing (Advisory) Commission functions and responsibilities as they currently exist until modification is warranted. CITY COUNCIL MINUTES 100 MARCH 17, 1980 AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto None Griset, Markel, Ward CA 80.9 AGENDA ORDER MACARTHUR & GRISET PARKS POSTPONED TO LATER IN MEETING for Project 6137 to later in the meeting. MOTION was made by Luxembourger, seconded by Serrato, to postpone consideration of Appropriation Adjustment No. 125 and Bid Award (Agenda Item 56) AYES: NOES: ABSENT: Bricken, Luxen~bourger, Serrato, Yamamoto None Griset, Markel, Ward REQUEST FOR SUPPORT BY OIC MOTION was made by Yamamoto, FOR ELDERLY HOUSING PROJECT seconded by Serrato, to continue CONTINUED TO APRIL 21 consideration of the Opportunities Industrialization Center request for City support of OIC's proposed housing project for elderly persons, out lined in the report dated March 10, 1980, prepared by the Executive Director of Redevelopment and Housing, and to refer to staff for review and recom- mendation of site location. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto None Griset, Markel, Ward CA 137 CA 140.21 MID-YEAR BUDGET REVISIONS Following presentation of the FISCAL YEAR 1979-80 proposed Mid-Year Budget APPROVED Revisions for fiscal year 1979-80 by the City Manager, and Council discussion, Councilman Markel returned to the Council Chamber. MOTION was made by Yamamoto, seconded by Serrato, to approve the mid-year revisions and adjustments to the fiscal year 1979-80 budget appropriations as presented by staff. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 65B APPEAL - DENIAL OF APPLICATION As recommended in the report DIABLO VALLEY PATROL SERVICE dated March 11, 1980, prepared AUTHORIZED STAFF by the Clerk of the Council, MOTION was made by Yamamoto, seconded by Serrato, to l) authorize the Clerk to appoint a hearing officer and fix the time for hearing of appeal from decision of Chief of Police to deny application for operation of a private patrol service; and 2) authorize payment of said hearing officer from ACcount 11-343-251 - Police Technical Services. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 51 CITY COUNCIL MINUTES 101 MARCH 17, 1980 SPECIAL MUNICIPAL ELECTION JUNE 3 ORDINANCE NS-1521 - ADOPTED RESOLLFFION NO. 80-55'~--Al~O]~TED AGREEMENT - APPROVED As recommended in the report dated March 11, 1980, prepared by the Clerk of the Council, MOTION was made by Yamamoto, seconded by Luxembourger, to 1 Place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1521 - AN ORDINANCE OF THE CITY OF SANTA ANA ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE SAID CITY ON JUNE 8, 1980, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY CERTAIN PROPOSALS TO AMEND THE CHARTER OF SAID CITY AND AN ADVISORY MEASURE ON SALE TAX APPORTIONMENT. 2) Adopt the following resolution: RESOLUTION NO. 80-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF SANTA ANA WITH THE GENERAL ELECTION TO BE HELD ON JUNE 3, 1980. 3) Approve the agreement between City and Martin and Chapman Company for consultant (printing) services for the Special Municipal Election on June 3, 1980, and authorize its execution by Mayor and Clerk. A-80-32 AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 68 MACARTHUR PARK - PROJECT 8371 As recommended in the reports GRISET PARK - PROJECTS 6137 & 8370 dated March 7, 1980, prepared APPROPRIATION ADJUSTMENT #125 & by the Recreation and Parks BID AWARD PROJECT 6137 - APPROVED Department, MOTION was made by Luxembourger, seconded by Yamamoto, to l) Approve Appropriation Adjustment #125, transferring $72,120.00 from General Revenue Sharing for MacArthur Park Land Payment and Griset Park State Grant Match; and 2) Award PROJECT 6137 - Griset Park Improvements, to Kawai Brothers, Buena Park, on the basis of lowest responsible and responsive bidder, in the amount of $104,239.20 for base bid and add-on #6, Landscape Maintenance. (Agenda Item 56) AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None CA 65.3 Griset, Ward CA 80.9 ABC LICENSE APPLICATION MOTION was made by Luxem- 1720 S. GRAND AVE. bourger, seconded by REPORT - RECEIVED & FILED Markel, to receive and file the staff report of the following Alcoholic Beverage License Application: COSIO, Ramiro, 1720 S. Grand Ave. - Original Type 41 On-sale Beer & Wine, Public Eating Place. (Agenda Item 5A) AYES: NOES: ABSENT: Luxembourger, Markel, Serrato, Yamamoto Bricken Griset, Ward CA 146 CITY COUNCIL MINUTES 102 MARCH 17, 1980 ABC LICENSE APPLICATION The MOTION made by Bricken, 605 S. HARBOR BLVD. seconded by Markel, to receive CONTINUED TO APRIL 21 and file the staff report of the following Alcoholic Beverage License Application FAILED to carry by the following vote: BADDER, Charles & Vincent, 605 S. Harbor Blvd. - Original Type 47 On-sale General, Public Eating Place. (Agenda Item 5B) AYES: NOES: ABSENT: Luxembourger, Serrato, Yamamoto Bricken, Markel Griset, Ward MOTION was made by Serrato, seconded by Bricken, to continue the matter to April 21, 1980. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 146 ORAL COMMUNICATION - YAMAMOTO In response to comments made POSTING OF GASOLINE PRICES by Councilman Yamamoto, MOTION STAFF INSTRUCTED was made by Serrato, seconded by Luxembourger, to authorize the City Attorney to prepare a draft ordinance requiring posting of gas prices. AYES: NOES: ABSENT: Luxembourger, Markel, Serrato, Yamamoto Bricken Griset, Ward CA 78 CA 145.5 ORAL COMMUNICATION - SERRATO Councilman Serrato requested COPY OF MOTION REQUESTED a copy of his motion (City RE PROPOSED BALLOT MEASURE Council Minutes, March 19, 1980) that a proposed Charter amend- ment for election of Council members by wards, rather than at large, pro- posed for placement on the June 3 ballot. CA 68 RECESS At 9:00 p.m. Council recessed EXECUTIVE SESSION to executive session for l) dis- cussion of possible settlement of claims and suits for damages, .and 2) personnel matters. The meeting was reconvened at 9:35 p.m. with the same Council members present. AGREEMENT - USE OF STADIUM As recommended by the City BEAUTY PAGEANT & VARIETY SHOW Manager, MOTION was made by APPROVED Luxembourger, seconded by Markel, to approve the agree- ment between City and Sergio Velasquez for use of Eddie West Field - Santa Ana Stadium on May 10, 1980, for a beauty pageant and variety show, and authorize its execution by Mayor and Clerk. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward A-80-20 CITY COUNCIL MINUTES 103 MARCH 17, 1980 CITY ATTORNEY RESIGNATION ACCEPTED RECRUITMENT---A171~TO1TIZED July 1, 1980. MOTION was made by Serrato, seconded by Lu×embourger, to accept the resignation of the City Attorney, effective AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 81 MOTION was made by Luxembourger, seconded by Serrato, to authorize staff to commence recruitment procedures for selection of a new City Attorney. AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Serrato, Yamamoto None Griset, Ward CA 50.1 ADJOURNMENT The meeting was adjourned at 9:45 p.m. by unanimous informal consent of the Council. E C.- GUY CLERK OF THE COUNCIL CITY COUNCIL MINUTES 104 MARCH 17, 1980