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HomeMy WebLinkAbout04-20-1981MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 20, 1981 The meeting was called to order at 12:08 p.m. by Ma~vor Gordon Bricken in Room 831, City Hall, 20 Civic Center Plaza. Councilmembers present were John Acosta, Daniel E. Griset, R.W. Luxembourger, J. Ogden Markel, Patricia McGuigan, Alfred C. Serrato and Ma.vor Gordon Bricken. City Manager A.J. Wilson, City Attorney Edward J. Cooper and Clerk of the Council Janice C. Guy were also present. COUNCIL PROCESS Following an Invocation by the Mayor, the Council discussed numerous aspects of the Council function including, but not limited to: Executive sessions, motions for reconsideration, Council calendar, agenda, a Ma~vor's newsletter, workshops, and spouses' attend- ance at various events. The City Manager reviewed and distinguished between services provided by his and the Clerk's offices to the Council. CATV At 1:02 p.m., several members of the Chamber of Commerce, a representative of the press, and a member of the public joined the meeting as the Council began to discuss cable television. Mort Fink, Santa Ana Chamber of Commerce, reiterated the Chamber's will- ingness to continue assisting the City with research on the subject, particularly with respect to financial data. The City Manager presented a memo dated April 20, 1981, listing members of the panel of technical experts (requested at the meeting of April 6), and outlining a tentative schedule which projects final action on a CATV ordinance and franchise agreement by July 6, 1981. Costs for the panel of experts are to be j paid from anticipated revenue from the CATV franchise. ADJOURNMENT At 1:43 p.m., the Council adjourned by unanimous informal consent. CITY COUNCIL MINUTES 123 APRIL 20, 1981 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 20, 1981 The meeting was called to order at 2:00 p.m. by Mayor Bricken in the City Council Chambers, 22 Civic Center Plaza. Councilmembers present were John Acosta, Daniel E. Griset, Robert W. Luxembourger, J. Ogden Markel, Patricia McGuigan, Alfred C. Serrato, and Mayor Gordon Bricken. City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy were also present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Robert Luxembourger. RECESS - CRA RECONVENED At 2:04 p.m., meeting was recessed to to the Community Redevelopment Agency. At 2:16 p.m., Council reconvened with all councilmembers present. CONSENT CALENDAR ITEMS REMOVED The following items were removed from the Consent Calendar: 4A, 4B, 6B, 6C, 6D, 6E, 8A, 8C, 8D, 16B, 16D, and 16E. Item 9B was continued to May 4, 1981. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED MOTION was made by Luxembourger, seconded by Serrato, to approve the staff recommendations on the following Consent Calendar items: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxen~bourger, Markel, McGuigan, Serrato None None MINUTES Approved the Minutes of the Regular Meeting of April 6, 1981. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 2075 - Street Repair and Resurfacing - Transportation Dept. PROJECT 8421 - Stadium Resodding - Recreation and Parks. CA 89 BID AWARDS Awarded the following in accordance with summary of bid reports submitted: SPEC 81-002 - Two Replacement Power Mowers - Recreation & Parks; awarded to Toro Pacific Distributing Co., in the amount of $12,976.52. PROJECT 9018 - Repair of Telephone Duct Bank at East End of City Hall - Public Works; awarded to Laubach Electric Co., in the amount of $8,700.00 CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff reports on the following: NGUYEN, Quyen Kim, 1411E. First Street - Existing Type 41 being replaced by Type 42 On-sale Beer & Wine, Public Premises. PROTEST: Variance required - Planning. CA 146.1 NIMEH, George R., 2646 W. First Street - Person-to- Person Transfer Type 20 Off-sale Beer & Wine. CA 146 CITY COUNCIL MINUTES 124 APRIL 20, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued DEEDS NO CASH GRANTOR CITY Authorized execution by Mayor and Clerk of the following deed: KEISER, Steven J. and Paula B. - South of Fourth, east of Ross; alley abandonment. CA 155 CONDITIONAL USE PERMIT Approved and filed the Negative Declara- tion and Findings of Fact on the follow- ing: NEGATIVE DECLARATION & CUP 81-3 - Filed by Eternal Hope Baptist Church to construct a church in the R2 District with substandard yards, parking, land- scaping and parking space access at 1834 W. Second Street in the R2 District. Staff Recommendation: Approval. APPROVED. CA 13.1 TENTATIVE PARCEL & Approved and filed Negative TRACT MAPS Declarations; approved subject to conditions in Planning Director's reports; waived alley requirements as requested on the following maps; continued consideration of Parcel Map 81-878 to May 4, 1981: NEGATIVE DECLARATION & PARCEL MAP 81-877 - Filed by Louis K. Hislop, Jr., creating 2 parcels; proposed parcels to be used for residential purposes; gen- erally located between Stanford and Pomona Streets, 567' west of Pacific Avenue. NEGATIVE DECLARATION & PARCEL MAP 81-878 - Filed by Trammel Crow Company, creating 2 parcels; proposed parcels to be used for office/industrial purposes; generally located on the northwest corner of MacArthur Boulevard and Harbor Boulevard. (Agenda Item 9B). NEGATIVE DECLARATION & PARCEL MAP 81-879 - Filed by Shedd-Silk Properties, creating i parcel; proposed parcel to be used for a two structure commercial condominium development pursuant to Conditional Use Permit 80-21; generally located on the south side of Dyer Road and Grand Avenue; alley waiver requested. NEGATIVE DECLARATION & PARCEL MAP 81-880 - Filed by Robert P. Warmington Company, creating 10 lots; proposed lots to be used for condominium commercial buildings; generally located west of Newport Freeway, south of MacArthur Boulevard and east of Main Street; alley waiver requested. CA 25.2 NEGATIVE DECLARATION & TRACT MAP 11209 - Filed by M. D. Janes Company, Incorporated, creating 2 lots; proposed lots are to be used for seventy unit residential condo- minium development (Lot 1) and a church (Lot 2); gen- erally located at 3922 - 4066 West Fifth Street. NEGATIVE DECLARATION & TRACT MAP 11429 - Filed by CTNC Associates, creating 51 lots; proposed lots are to be used for the development of a 50-unit residential condo- minium project; generally located on the south side of Westminister Avenue, west of Fairview Street and east of Buena Street; alley waiver requested. A. A. 850, CUP 81-4. CA 24 CITY COUNCIL MINUTES 125 APRIL 20, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued FINAL TRACT MAPS and Clerk on the following maps: Approved final map; accepted dedica- tions thereon; and the bonds in the amount set; and authorized execution of subdivision agreements by Mayor TRACT MAP 11131 - Southwest corner of Walnut and Sycamore Streets; i lot. TRACT MAP 11231 - West side of French Street, north of Washington Avenue; i lot. CA 24 AGREEMENT Approved the following agreement and authorized execution by the Mayor and Clerk: AMENDMENT TO AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES & CONTRACT SUPERVISION - Between the City and David Leiva increasing fee to $1,640.00, consistent with employee increases for 1980 and 1981, and extending contract for a period of one year expiring May 4, 1982. A-81-25 BOARDS, COMMISSIONS, AND COMMITTEES Accepted the following nomination and set for consideration: Nomination by Mayor Bricken for Senior Citizens Representative to Transportation Advisory Committee - Aileen Jeisy Johnson, 605 Jonquil Road West, for a term expiring December 31, 1983 (replacing Mark P. Vogel). Appointed the following: JOHN E. STEVENS - Ward 6 representative to Library Board; for a partial term expiring June 30, 1984 (replacing Bruce C. Brown). CA 80.9 UNINVESTIGATED LIABILITY CLAIMS Referred to administration, claims received from March 27, 1981 to April 10, 1981. CA 65.7b COUNCIL REFERRAL SUMMARY Received and filed report; deleted items as recommended. CA 80.2 REPORTS TO FILE Received and filed the following: PROCLAMATIONS CA 46 PARK MAINTENANCE - PRODUCTIVITY IMPROVEMENT PROGRAM CA 52 CONTINUE ITEMS Approved to submit the following with budget: COMMUNITY RESOURCES REEVALUATION (Council Referral No. CR 26-80) CA 131 COORDINATION BETWEEN CITY AND SATELLITE SERVICE CENTERS (Council Referral No. CR 29-80) CA 131.6 Continued the following to June 1, 1981: FOURTH STREET GRADE SEPARATION ZONING RESTRICTIONS (Council Referral No. CR 81-4) CA 99 PARAMEDIC CHARGES (Council Referral No. CR 81-5) (To be submitted in conjunction with standby fire services charges report) CA 64 CITY COUNCIL MINUTES 126 APRIL 20, 1981 Continued the following to November 2, 1981: CHARTER AMENDMENTS CA 129 * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * CHANGE ORDERS APPROVED MOTION was made by Luxembourger, seconded by Markel, to approve the following change order: SPEC 80-034 - Annual Landscape Maintenance Contract for Medians and Various Public Facilities - Change Order No. 1; increasing in the amount of $16,775.80 (15.5%). (Agenda Item 4A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Luxembourger, seconded by Acosta, to approve the following change order: PROJECT 8132 - Alteration of Police Facility and Annex Building - Change Order No. 3; increasing in the amount of $518.00 (.21%). (Agenda Item 48) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 89 DEEDS WITH CASH MOTION was made by Luxembourger, GRANTEE CITY - APPROVED seconded by Griset, to approve and authorize execution by Mayor and Clerk of all necessary documents, including right-of-way contracts, in connection with purchases of the following: ACOSTA, Antonio & NUNEZ, Pedro - NW First @ Spurgeon; street purposes. (Agenda Item 68) ANDERSON, Nadine R., Trustee - NS/First, W/Garfield; street purposes. (Agenda Item 6C) ANDILIOUS, W. Jacob & Samira - SE First @ Hickory; street purposes. (Agenda Item 6D) MAYNARD, Eugene A. & Evelyn C. - NE First @ Lacy; street purposes. (Agenda Item 6E) AYES: NOES: ABSENT: Acosta, 8ricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 155 CUP 80-12 SET FOR PUBLIC HEARING; VA 81-3 APPROVED; CUP 81-4 APPROVED MOTION was made by Markel, seconded by McGuigan, to set the following for public hearing on May 4, 1981: NEGATIVE DECLARATION & CUP 80-12 - Filed by Santa Ana-Tustin Community Hospital to pemit a heliport at Santa Ana-Tustin Community Hospital (SATCH) at 100 N. Tustin Avenue in the CD and LP Districts. Staff Recommendation: Approval. APPROVED. (Agenda Item 8A) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato Acosta None CA 13.1 CITY COUNCIL MINUTES 127 APRIL 20, 1981 MOTION was made by Luxembourger, seconded by McGuigan, to approve and file the Negative Declaration and Findings of Fact on the following: NEGATIVE DECLARATION & VA 81-3 - Filed by Community Psychiatric Centers Properties to waive integrated parking requirements for the expansion of an existing psychiatric center in the A1 District (to be rezoned to the C5 District). A. A. 849. Staff Recom- mendation: Approval. APPROVED (Agenda Item 8C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13 MOTION was made by Serrato, seconded by Acosta, to approve and file the Negative Declaration and Findings of Fact on the following: NEGATIVE DECLARATION & CUP 81-4 - Filed by CTNC Associates to develop 50 condominiums, waiving a portion of the open space and parking requirements on a 3.68-acre parcel to be rezoned from the Cl and R1 Districts to the R2-PRD District. A. A. 850; Tract Map #11429. (Agenda Item 8D) Open Space required: 50% Open Space provided: 47% Parking required (PRD): Parking provided: 150 spaces 125 spaces AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.1 REPORTS TO FILE - SANHS QUARTERLY REPORT RECEIVED AND FILED MOTION was made by Acosta, seconded by Luxembourger, to receive and file the following: SANTA ANA NEIGHBORHOOD HOUSING SERVICES QUARTERLY REPORT (Agenda Item 16B) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 140.40 BOARDS & COMMISSIONS - BIANNUAL ATTENDANCE REPORT - RECEIVED AND FILED MOTION was made by McGuigan, seconded by Markel, to receive and file the following: BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT (Agenda Item 16D) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 80.9 UPARR RECOVERY ACTION PLAN 5-YR REPORT - RECEIVED AND REFERRED TO STAFF MOTON was made by Serrato, seconded by Griset, to receive and file the following and refer to staff for implementation schedule: UPARR RECOVERY ACTION PLAN (5-YEAR) REPORT (Agenda Item 16E) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 52 CITY COUNCIL MINUTES 128 APRIL 20, 1981 REQUEST FOR MOBILEHOME PARK RENT Earl Lane, Regional Director of MORATORIUM - REFERRED TO STAFF Golden State Mobile Homeowners League, addressed the Council on behalf of mobile homeowners of Santa Ana, a large number of whom were present in the audience, requesting that 1) a moratorium on mobile home rent increases be declared and 2) that a permanent Rent Review Board be established. He also delivered thirteen letters of support for this request from handicapped or working tenants of Coach Royal Mobile Park to the Clerk. Pursuant to the City Manager's recommendation, MOTION was made by McGuigan, seconded by Griset, to refer the matter to staff for solicitation of comments from the Mobile Home Mediation Committee and other interested panties for re- turn to Council on May 18, 1981: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 16 RECESS Council recessed at 3:05 p.m., and reconvened at 3:12 p.m., with the same members present. ORD. NS-1568 - ARCHITECT REVIEW BD - 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by A¢osta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1568 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 10 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH AN ARCHITECTURAL REVIEW BOARD OF THE CITY OF SANTA ANA. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 80.9 ORD. NS-1572 - PROHIBITING ALCOHOL IN PARKS - 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by McGuigan, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1572 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING AND RENUMBERING SANTA ANA MUNICIPAL CODE SECTION 31-2 AND PROHIBITING POSSESSION OF ALCOHOL IN THE PARKS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 52 ORD. NS-1573 - UNIFORM BUILDING CODE, 1979 EDITION - 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1573 - AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING SECTION 8-40, 8-41, 8-42, 8-60, 8-61, 8-80, 8-120, 8-157, AND 8-163 AND AMENDING SECTIONS 8-43, 8-90, 8-111, 8-112, 8-151, 8-156, 8-179, 8-180, AND 8-190 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTION 8-95 AND 8-191 THERETO TO ADOPT THE UNIFORM BUILDING CODE, 1979 EDITION, WITH AMENDMENTS. CITY COUNCIL MINUTES 129 APRIL 20, 1981 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan Serrato None CA 10.1 87 ORD. NS-1574 - UNIFORM Katherine Wolfe, Attorney for the DANGEROUS BLDG. CODE - 2ND Fair Housing Council, protested READING & ADOPTED Ordinance NS-1574 regarding the Dangerous Building Code, and Ordinance NS-1580 regarding the Uniform Housing Code, stating that the cur- rent lO-day notice to tenants prior to evaluation of a building is inadequate. MOTION was made by Luxembourger, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1574 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-1900 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTION 8-1904 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM DANGEROUS BUILDINGS CODE BY REFERENCE. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxent>ourger, Markel, McGuigan Serrato None CA 10.1 87 ORD. NS-1575 - UNIFORM SIGN CODE - 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1575 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-1226 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM SIGN CODE, 1979 EDITION. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan Serrato None CA 10.1 87 ORD. NS-1576 - UNIFORM PLUMBING CODE, 1979 EDITION 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1576 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-290 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1979 EDITION. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan Serrato None CA 10.1 87 ORD. NS-1577 - UNIFORM MECHANICAL CODE, 1979 EDITION - 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1577 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-556 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANICAL CODE, 1979 EDITION. CITY COUNCIL MINUTES 130 APRIL 20, 1981 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan Serrato None CA 10.1 87 ORD. NS-1579 - NATIONAL ELECTRICAL CODE, 1981 EDITION - 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1579 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-667, 8-720, 8-828, 8-829, 8-843, 8-1025 AND REPEALING SECTIONS 8-915, 8-933, 8-945, AND 8-1080 THEREOF TO ADOPT THE NATIONAL ELECTRICAL CODE, 1981 EDITION, WITH AMENDMENTS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan Serrato None CA 10.1 87 ORD. NS-1580 - UNIFORM HOUSING CODE, 1979 EDITION - 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1580 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-1156 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM HOUSING CODE, 1979 EDITION. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan Serrato None CA 10.1 87 ORD. NS-1581 - ESTABLISH RESERVE FUND - 2ND READING & ADOPTED MOTION was made by Griset, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1581 - AN ORDINANCE OF THE CITY OF SANTA ANA ESTABLISHING A RESERVE FUND PURSUANT TO SECTION 5 OF ARTICLE 13B OF THE CALIFORNIA CONSTITUTION. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 65 ORD. NS-1578 - UNIFORM SOLAR MOTION made by Markel to continue ENERGY CODE, 1979 EDITION - 1ST this matter died for lack of a second. READING & PUBLICATION OF TIT[l~- MOTION was made by Serrato, seconded by Griset, to place on first reading and publish title of the following ordinance: ORDINANCE NO. NS-1578 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XII TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM SOLAR ENERGY CODE, 1979 EDITION. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 10.1 87 CITY COUNCIL MINUTES 131 APRIL 20, 1981 RES. 81-55 - FEES & CHARGES FOR CHAP. 8, SAMC ADOPTED MOTION was made by Serrato, seconded by Griset, to adopt the following resol ut ion: RESOLUTION NO. 81-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING AND REGULATING FEES AND CHARGES FOR THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 10.1 87 RES. 81-63 - GRANT APP. FOR SANTIAGO PARK DEVELOPMENT ADOPTED MOTION was made by Serrato, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 81-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICA- TION FOR GRANT FUNDS UNDER THE ROBERT-Z' BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR FISCAL YEAR 1980-81 FOR SANTIAGO PARK DEVELOPMENT. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 52 RES. 81-64 - CRA BONDS 4TH; ODD FELLOWS BLDG.) ADOPTED (402 W. MOTION was made by Serrato, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 81-64 - 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 (FOR REHABILITA- TION OF PROPERTIES AT 402 W. FOURTH AND ODD FELLOWS BUILDING.) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 82 RES. 81-65 - URGE CONGRESS TO LIMIT MUN. GOV'T LIAB., & LIMIT AI-[ORNEY'S FEES RE CIVIL RIGHTS ACTIONS - ADOPTED MOTION was made by Serrato, seconded by Griset, to adopt the following resolution: RESOLUTION NO. 81-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING THE CONGRESS OF THE UNITED STATES TO AMEND TITLE 42 UNITED STATES CODE SECTIONS 1983 AND 1988 TO LIMIT THE LIABILITY OF MUNICIPAL GOVERNMENTS AND TO LIMIT ATTORNEY'S FEES IN ACTIONS ALLEGING VIOLATION OF CIVIL RIGHTS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxen~)ourger, Markel, McGuigan, Serrato None None CA 80.22 SUPPORT OF SENATE BILL 200 - PERIPHERAL CANAL ADOPTED Peripheral Canal. MOTION was made by Serrato, seconded by Luxembourger, to direct staff to send a letter to Sacramento in support of ratification of Senate Bill 200, CITY COUNCIL MINUTES 132 APRIL 20, 1981 AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ~ ABSENT: None CA REQUEST FOR RECONSIDERATION The following persons requested CATV CANDIDATES reconsideration of the vote taken SELECTION REOPENED TO FOUR on April 6, 1981. which eliminated American TV of California and ' Colony Cablevision from consideration of the proposed TV franchise: Verlyn Jensen, American TV of California David Abel, Colony Cablevision Mr. Rodger Howell, Six Star Nielson, requested that a cable TV franchisee be selected from, not the two companies currently under consideration, but all those which had submitted proposals. Following discussion on the eligibility of new Councilmembers to make a motion for reconsideration, MOTION was made by Griset, seconded by Luxembourger, to suspend Robert's Rules of Order on this matter. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan Markel, Serrato None The Council then discussed the procedure for amending actions taken at Council meetings prior to April 6, and the City Attorney informed Council that recission by a 2/3 vote (five affirmative votes) would be appropriate. MOTION by McGuigan, seconded by Griset, to rescind the prior action taken on March 10, 1981 to narrow the field of CATV candidates to four, FAILED on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, McGuigan Luxembourger, Markel, Serrato None Councilmember Markel left the meeting at 4:30 p.m. MOTION by Acosta, seconded by McGuigan, that the action taken on April 6, 1981, eliminating American TV of California and Colony Cablevision be rescinded and that the selection be reopened to four companies, California Cablesystems, Teleprompter, American TV of California, and Colony Cablevision, passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan Serrato Markel CA 130.4 AMER BUS SHELTER CONTRACT 60-DAY EXTENSION OF TERMINATION APPROVED Bus Shelter Company. MOTION was made by Acosta, seconded by Luxembourger, to authorize an additional 60-day extension of the contract termination with American Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato None Markel CA 84 RECESS TO CRA RECONVENE EXEC. SESSION 4:49 p.m., to 5:26 p.m. At 4:36 p.m., Council recessed to the Community Redevelopment Agency. Council reconvened and immediately recessed to Executive Session from CITY COUNCIL MINUTES 133 APRIL 20, 1981 REMAINDER OF AFTERNOON AGENDA ITEMS - CONTINUED TO EVENING SESSION By unanimous informal consent, the remainder of the afternoon agenda items were continued to the evening session. DINNER RECESS At 5:26 p.m., Council recessed to dinner with the Cultural Heritage Evaluation Con~nittee at Johnny's Restaurant, 2250 East 17th Street, Santa Ana. The meeting was reconvened at 7:34 p.m., in the Council Chambers, with the same members present, including Councilman Markel. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Luxembourger. PROCLAMATION Councilman Serrato presented a "PRIVATE PROPERTY WEEK" proclamation declaring the week of April 19-25, 1981, as Private Property Week to F. Curtis Pope, President, East Orange County Board of Realtors. Mr. Pope expressed his appreciation and thanked Council. CA 46 OATH OF OFFICE The Clerk of the Council admin- JOHN STEVENS - istered the Oath of Office to MEMBER OF LIBRARY BOARD John Stevens, newly-appointed member of the Library Board. Mr. Stevens was welcomed by the City Council. EXECUTIVE SESSION At 7:42 p.m. Council recessed to Executive Session and reconvened at 8:09 p.m., with all members present. IRVINE RANCH WATER DISTRICT/ By way of action out of Executive ORANGE COUNTY WATER DISTRICT Session, MOTION was made by AGREEMENT AUTHORIZED Luxembourger, seconded by Serrato, to authorize the Mayor and Clerk to execute that certain agreement for water production and transmission facilities between City, Irvine Ranch Water District and Orange County Water District; grant of easement to Orange County Water District; and accept Grant Deed from Orange County Water District with an easement reservation, all re- lating to said agreement. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None A-81-27 PUBLIC HEARING - PROPOSED The Mayor opened the public hearing CODE AMENDMENTS RE CONDOMINIUMS of proposed amendments to Sections CONTINUED TO MAY 4, 1981 34-313 and 34-317 of the Santa Ana Municipal Code and adding Section 34-313.5 thereto to revise the requirements for approval of common ownership projects (condominiums). The Planning Director advised the Council that the item should be continued. Following discussion, MOTION was made by Serrato, seconded by Acosta, to con- tinue the public hearing to May 4, 1981. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 78.7 CITY COUNCIL MINUTES 134 APRIL 20, 1981 PUBLIC HEARING - PROPOSED REVOCATION OF EX 73-27 1631-1633 S. STANDARD AVE REFERRED TO PLANNING COMMISSION Standard Avenue in the M1 District. The Mayor opened the public hearing of the proposed revocation of Minor Exception 73-27 approved to allow the expansion of an existing beer bar (Coco's Inn) at 1631-1633 S. The Planning Director presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. Velma Freeman, 1501N. Lowell St., spoke in favor of the revocation. Dan Salceda, 14 Rimrock, Irvine, spoke in opposition to the revocation, stating that all uses which were in non-compliance had been abated, and that a new source of funds was now available to permit upgrading the facility to a first-class restaurant. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Griset, seconded by McGuigan, to re- fer the matter to the Planning Commission for additional modifications. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.2 PUBLIC HEARING - APPEAL #435 The Mayor opened the public hearing VA 80-73 - 1200 E. MCFADDEN AVE of Negative Declaration and Appeal CA INSTRUCTED NO. 435 of the Planning Commission's denial of Variance Application 80-73 to allow development of less than four acres with less than required parking for an auto supply store and 7-11 market with gasoline service island at 1200 E. McFadden Avenue. The Planning Director presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. The following persons spoke in favor of the appeal: Lowell A. Eller, 1100 N. Citrus Dr., La Habra Ronald D. Ludlow, 3813 Teakwood, Santa Ana John Wernig, 1240 S. State College Blvd., Anaheim There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION made by Luxembourger to grant Appeal No. 435, approving Variance Application 80-73, and overruling the decision of the Planning Commission subject to the deletion of gasoline service island and modifications to the Planning Director's report died for lack of a second. MOTION was made by Serrato, seconded by Acosta, to grant Appeal No. 435, approving Variance Application 80-73, and overruling the decision of the Planning Commission subject to all requirements in the Planning Director's report except 7.A.2b and modification of 7.A.3 to the following: 7.A.3) All signage shall be submitted to and approved by the Planning Department. MOTION was then made by Griset, seconded by Acosta, to AMEND the motion to include the stipulation that gaming devices be prohibited on either of said premises. Amendment passed on the following vote: CITY COUNCIL MINUTES 135 APRIL 20, 1981 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembouger, Markel, McGuigan, Serrato None None Motion, as amended, passed on the following vote: AYES: NOES: ABSENT: Acosta, Markel, McGuigan, Serrato Bricken, Griset, Luxembourger None CA 13.3 The Council recessed at 9:01 p.m., and reconvened at 9:09 p.m., with all Councilmembers present. PUBLIC HEARING - APPEAL #436 The Mayor opened the public hear- CUP 81-5 - 2222 E. FIRST ST ing of Negative Declaration and CONTINUED TO MAY 4, 1981 Appeal No. 436 of the Planning Commission's denial of Conditional Use Permit 81-5 to move a care home formentally retarded persons into an existing motel at 2222 E. First Street. In accordance with a written request by the applicant, Holiday Hacienda Corporation, for a continuance, MOTION was made by Luxembourger, seconded by Markel, to continue the public hearing to May 4, 1981. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.4 PUBLIC HEARING - APPEAL #437 The Mayor opened the public hear- CUP 81-1 - 925 E. THIRD ST ing of Negative Declaration and CA INSTRUCTED Appeal No. 437 of certain portions (Section 7.A.la and 7.A.2) of the Planning Commission's conditional approval of Conditional Use Permit 81-1 to allow storage of impounded vehicles at 925 East Third Street. The Planning Director presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. George P. Heidler, Jr., 925 E. Third St., spoke in favor of the appeal. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION made by Markel to grant Appeal No. 437, approv- ing Conditional Use Permit 81-1 with modifications to Section 7.A.la and 7.A.2, and overruling the decision of the Planning Commission died for lack of a second. MOTION was made by Griset, seconded by Acosta, to deny Appeal No. 437, deny- ing modifications to Section 7.A.la and 7.A.2 to Conditional Use Permit 81-1, and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Serrato Markel, McGuigan None CA 13.4 PUBLIC HEARING - A. A. #849 The Mayor opened the public hear- 2204 E. FOURTH ST; ORD NO. NS-1582 ing of Negative Declaration and 1ST READING & PUBLICATION OF TITLE and Amendment Application No. 849 to rezone property located at 2204 East Fourth Street from the A1 (General Agricultural) to the C5 (Arterial Commercial) District. The Planning Director presented the staff report and recommendations. CITY COUNCIL MINUTES 136 APRIL 20, 1981 The Clerk of the Council reported there were no written communications. There were no speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Griset, seconded by Luxembourger, to approve and file the Negative Declaration and place the following ordi- nance on first reading and authorize publication of title: ORDINANCE NO. NS-1582 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 849 TO REZONE PROPERTY LOCATED AT 2204 EAST FOURTH STREET FROM THE A1 (GENERAL AGRICULTURAL) DISTRICT TO THE C5 (ARTERIAL COMMERCIAL) DISTRICT AND AMEND- ING SECTIONAL MAP NO. 8-5-9. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 10 PUBLIC HEARING - A. A. #850 The Mayor opened the public hear- 2718 AND 2726 WESTMINSTER BLVD.; ing of Negative Declaration and ORD. NO. NS-1583 - 1ST READING & Amendment Application No. 850 to PUBLICATION OF TITLE rezone property located at 2718 and 2726 Westminster Boulevard from the C1 (Community Commercial) and RI(Single Family Residence) Districts to the R2-PRD (Multiple Family-Planned Residential Development) District. The Planning Director presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. Gerald P. Nordeman, General Partner of CTNC Associates, spoke in favor of the Amendment Application. There were no other speakers on the matter. The Mayor closed the pubic hear- ing. Following discussion, MOTION was made by Luxembourger, seconded by McGuigan, to approve and file the Negative Declaration and place the following ordi- nance on first reading and authorize publication of title: ORDINANCE NO. NS-1583 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 850 TO REZONE PROPERTY LOCATED AT 2718-2726 WESTMINSTER BOULEVARD FROM THE C1 (COMMUNITY COMMERCIAL) AND R1 (SINGLE FAMILY RESIDENCE) DISTRICTS TO THE R2-PRD (MULTIPLE FAMILY-PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL MAP NO. 10-5-10. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, McGuigan, Serrato NOES: None ABSENT: None Luxembourger, Markel, CA 10 SANTA ANA INTER-CITY MOTION was made by Griset, COMMUTER STATION - seconded by Luxembourger, to CM AUTHORIZED W/CONDITIONS authorize the City Manager to enter into negotiations with the California Department of Trans- portation for a joint powers agreement, with the following conditions: Require that CalTrans staff provide engineering and architectural services, under the guidance of the City and at no cost to the City; CITY COUNCIL MINUTES 137 APRIL 20, 1981 e Provide ongoing operation of the facility with the conditions: a) that the State is to share in 50% of any operating and maintenance deficits on the facility, once opened; b) that the facility will be identified as a pivotal station in State-wide rail transit network, and that the State would, in its rail plans, optimize in every way possible, service to the Santa Ana station to increase transportation services being provided to Santa Aha; and c) that the State agree to provide any addi- tional capital funds needed to complete the facility. Require that the agreement which must include a specific schedule for completion of design phase by CalTrans be concluded within 60 days. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 82.12A 1981CETA YOUTH EMPLOYMENT PROGRAM - AUTHORIZED & APP. ADJ. #184 - APPROVED MOTION was made by Luxembourger, seconded by Acosta, to: 1) Authorize Mayor and Clerk to execute contract modifications with the Orange County Manpower Commission adding $285,000 to CETA Title IV Summer Youth Employment Program (SYEP) for a total of $300,000; A-81-31 2) Approve recommended allocation of $857,076 CETA Title IV SYEP funds to the following SYEP operators: Carpenters Union ,Central Co. Regional Occup. Program County of Orange Garden Grove Unif. School District Nat'l Football League Orange Unif. School District Santa Ana Unif. School District City of Santa Ana Sports Direction Foundation 3) Approve Appropriation Adjustment No. 184, transferring $157,550 from 132-163-SYEP to 132-350-Anticipated Revenue. CA 65.3 Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None FY'81 CETA TITLE I - ADMINISTRATIVE COST POOL MODIFICATION - AUTHORIZED & APP. ADJ. #185 - APPROVED MOTION was made by Luxembourger, seconded by Acosta, to: CITY COUNCIL MINUTES 138 APRIL 20, 1981 1) Authorize Mayor and Clerk to execute CETA Title I contract modification with Orange County Manpower Commission in the amount of $526,509, a reduction of $68,360, for the period October 1, 1980 to September 30, 1981; and A-81-33 2) Approve Appropriation Adjustment No. 185, trans- ferring $37,395 from 132-151-Administrative Cost Pool to 132-350-Anticipated Revenue. CA 65.3 Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CETA TITLE IID PUBLIC SERVICE EMPLOYMENT (PSE) MODIFICATIONS - AUTHORIZED & APP. ADJ. #186 - APPROVED MOTION was made by Luxembourger, seconded by Acosta, to: 1) Authorize Mayor and Clerk to execute contract modification with the Orange County Manpower Commission in the amount of $451,188, a reduc- tion of $453,071, for the period October 1, 1980 through September 30, 1981. A-81-32 2) Authorize Mayor and Clerk to execute subcontract modification with Rancho Santiago Community College District in the amount of $214,073, a reduction of $68,110, for the period October 1, 1980 through September 30, 1981; and A-81-34 3) Approve Appropriation Adjustment No. 186, trans- ferring $478,220 from 132-156-PSE to 132-350- Anticipated Revenue. CA 65.3 Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CETA TITLE VI - PUBLIC SERVICE EMPLOYMENT (PSE) MODIFICATIONS - AUTHORIZED & APP. ADJS. #187 & #188 - ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to: 1) 2) 3) Authorize Mayor and Clerk to execute contract modification with Orange County Manpower Com- mission in the amount of $330,975, a reduction of $489,099, for the period October 1, 1980 through September 30, 1981; Authorize Mayor and Clerk to execute subcontract modification with Rancho Santiago Community College District in the amount of $11,243, a re- duct ion of $15,957, for the period October 1, 1980 through September 30, 1981; and Authorize Mayor and Clerk to execute subcontract modification with Tomkinson and Associates, in the amount of $4,022, a reduction of $8,044, for the period October 1, 1980 through September 30, 1981. A-81-35 A-81-29 A-81-30 CITY COUNCIL MINUTES 139 APRIL 20, 1981 4) Approve Appropriation Adjustment No. 187, trans- ferring $235,525 from 132-164-PSE Sustainment to 132-350-Anticipated Revenue. CA 65.3 5) Approve Appropriation Adjustment No. 188, trans- ferring $329,775 from 132-165-PSE Projects to 132-350-Ant ici pat ed Revenue. CA 65.3 Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None AGREEMENT FOR BOWERS MUSEUEM EXHIBITION-MUSEO ORO DEL PERU ~tAYOR AND CLERK AUTHORIZED and Clerk: MOTION was made by McGui§an, seconded by Markel, to approve the following agreement and authorize its execution by Mayor EXHIBITION FOR BOWERS MUSEUM - Between City and Museo Oro del Peru for exhibition and sublease of a collection of Peruvian provenance pre- Columbian gold and Spanish settlement and Viceroy period artifacts. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None A-81-28 EL TORO DISPOSAL By way of action out of Executive CA AUTHORIZED Session, MOTION was made by Luxembourger, seconded by Acosta, to authorize the City Attorney to file a lawsuit seeking injunctive relief against E1 Toro Disposal. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None PARK PLAZA II By way of action out of Executive CA AUTHORIZED Session, MOTION was made by Luxembourger, seconded by Acosta, to authorize the City Attorney to file a lawsuit seeking injunctive relief against Park Plaza II. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 139 RECESS CRA RECONVENED members present. The Council recessed to the Community Redevelopment Agency at 9:54 p.m. The Council re- convened at 10:29 p.m. with all RES. NO. 81-66 - VACATING A PORTION OF OLIVE ST.; 157' N OF CIVIC CENTER DR. - ADOPTED MOTION was made by Griset, seconded by Luxembourger, to adopt the fol- lowing resolution: CITY COUNCIL MINUTES 140 APRIL 20, 1981 RESOLUTION NO. 81-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF OLIVE STREET EXTENDING 157 FEET NORTH OF CIVIC CENTER DRIVE, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato NOES: Markel ABSENT: None CA 14 The Council recessed at 10:33 p.m., and reconvened at 10:39 p.m., with all Councilmembers present. CATV FRANCHISE SCHEDULE - ADOPTED Page 2 of the memo dated April 20, Following discussion, MOTION was made by McGuigan, seconded by Luxembourger, to adopt the Cable TV franchise schedule found on 1981 prepared by the City Manager. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 130.4 ORAL COI~4UNICATION - Councilman Luxembourger inquired LUXEMBOURGER - SEISMIC about the status of the communica- ORDINANCE tions to the merchants affected by the Seismic Ordinance. The City Manager related that the results of the meeting scheduled for April 22 per- taining to the ordinance would be be prepared for Council, and any necessary adjustments to the ordinance would be made following that meeting. CA 91.18 ADJOURNMENT Hall, 20 Civic Center Plaza, Room 831. By unanimous informal consent, the meeting was adjourned at 10:54 p.m., to Monday, April 27, 1981, at 3:00 p.m., in the City CITY COUNCIL MINUTES 141 APRIL 20, 1981