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HomeMy WebLinkAbout07-06-1981 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 6, 1981 The meeting was called to order by Mayor Gordon Bricken at 2:10 p.m. in the City Council Chambers, 22 Civic Center Plaza. Councilmembers present were John Acosta, R. W. Luxembourger, J. Ogden Markel, Patricia Ao McGuigan, and Mayor Gordon Bricken. Also present were City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy. Councilmembers Daniel E. Griset and Alfred C. Serrato joined the meeting at 2:13 p.m. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Mayor Gordon Bricken. PRESENTATION BY CM At 2:15 p.m., the City Manager gave a slide presentation demonstrating recent economic developments in Santa Ana. CONSENT CALENDAR ITEMS REMOVED coincide with Item 82 on the evening ferred to coincide with Item 35A. The following items were removed from the Consent Calendar: 5C, 6D, 6E, 8A, 8B, 8C, 13B(5), 15, 16A, 16C, 16D, and 17. Action on 8D was deferred to agenda. Action on Item 12H was de- CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED MOTION was made by Acosta, seconded by Luxembourger, to approve the staff recommendations on the following Consent Calendar items: AYES: Acosta, Bricken, Griset McGuigan, Serrato NOES: None ABSENT: None , Luxembourger, Markel, MINUTES the Adjourned Regular Meeting of Approved the Minutes of the Adjourned Regular Meeting of June 8, 1981; the Regular Meeting of June 15, 1981; the Special Meeting of June 22, 1981; and June 29, 1981. BID CALL Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 8407 - Fire Station #5 (120 West Walnut) Painting Exterior and specified room of Fire Station - Fire Department. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report on the following: KIM, Young Soo, K~vung Won, & Kum Sun, 1341 N. Grand - Person-to-person Transfer, Type "21" Off-sale General. NGUYEN, Quyen Kim, 1411E. First - Supplemental application, Type "40" On-sale Beer replacing Type "41" On-sale Beer and Wine, Public Eating Place. CA 146 HURDEN, Edward & Dianna, 3748 W. Warner - Original Type "20" Off-sale Beer and Wine. PROTEST: Minor Exception and Conditional Use Permit required. CA 146.1 CITY COUNCIL MINUTES 201 JULY 6, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued DEEDS NO CASH GRANTOR CITY Authorized execution by the Mayor and Clerk of the following deeds: MARKS, Ronald A., south of Fourth Street, east of Ross; alley purposes. BROADWAY IMPROVEMENT COMPANY, south of Fourth Street, east of Ross; alley purposes. CA 155 MINOR EXCEPTIONS Approved and filed Notices of Exemption and Findings of Fact on the following: NOTICE OF EXEMPTION & EX 81-12 - Filed by Guey-Lin Jeng to allow on-sale beer and wine in an existing restaurant, "Mandarin World," (Type 41 License) within a shopping center at 1414 W. Edinger Avenue in the C4 District. Zoning Administrator's Decision: APPROVED. NOTICE OF EXEMPTION & EX 81-16 - Filed by Hani E1 Haj to allow off-sale liquor, "Santa Aha Liquor," (Type 21 License) within an existing shopping center at 652 S. Harbor Blvd. in the C4 District. Zoning Administrator's Decision: APPROVED. CA 13.2 TENTATIVE PARCEL & TRACT MAPS Approved and filed Negative Declar- tions; approved subject to condi- tions in Planning Director's reports; and waived alley requirements on 9B: NEGATIVE DECLARATION & PARCEL MAP 81-882 o Filed by Charles Underwood, creating one parcel; proposed lot to be used for professional office condominiums, pursuant to VA 80-5; generally located on the south side of Fourth Street between Wright and Mabury Streets, at 1650 E. Fourth Street. NEGATIVE DECLARATION & PARCEL MAP 81-883 - Filed by Bank of America N. T. & S. A., creating two parcels; proposed parcels to be used for industrial purposes; generally located at 2901W. MacArthur; alley waiver requested. NEGATIVE DECLARATION & PARCEL MAP 81-885 - Filed by Triple R, creating one lot; proposed lot to be used for an industrial condominium (16 unit conversion); generally located at 3301 and 3321W. Warner Avenue. NOTICE OF EXEMPTION & PARCEL MAP 81-886 - Filed by Santa Ana Tustin Community Hospital, creating one lot; proposed lot to be used for office condominium purposes; generally located on the east side of Tustin Avenue north of Fourth Street at 1001N. Tustin Avenue. CA 25.2 NEGATIVE DECLARATION & TRACT MAP 11442 - Filed by Clifford L. Thompson, creating one lot; proposed lot to be used for the development of a lO-unit residential condominium project; generally located on t~he south side of Monte Vista Street between Sullivan and Golden West Streets. NEGATIVE DECLARATION & TRACT MAP 11500 - Filed by Investors Development, creating one lot; proposed lot to be used for condominium purposes - 12 unit new construction conversion; generally located at 1408-1414 N. Spurgeon Street. CITY COUNCIL MINUTES 202 JULY 6, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NEGATIVE DECLARATION & TRACT ~tAP 11539 - Filed by Fern Grove Properties, Inc., creating one lot; pro- posed lot to be used for condominium purposes (12 units); generally located at 1509 and 1515 N. Dresser Street. CA 24 FINAL PARCEL & TRACT ~b~PS Approved final map; accepted the dedications thereon: PARCEL MAP 81-887 - South side of First St., east of Newhope St.; 7.64 Acres, 5 Parcels. CA 25.2 Approved final map; accepted the dedications thereon and the bonds in the amounts set; authorized execution of subdivision agreement by Mayor and Clerk: TRACT MAP 11328 - Northwest corner of Mante Carlo Dr. & Fairview St., 1.09 Acres, 1 Lot. CA 24 AGREEMENTS Approved the following agreements and authorized execution by the Mayor and Clerk: CLAIMS ADMIN. & ADJUSTMENT - Between City and Carl Warren and Company for claims administration and adjustment services. JOINT USE AGREEMENT - Between City and Southern California Edison Company for right of way and re- location of an Edison Company pole at the southwest corner of First and Euclid Streets in connection with Project No. 7223A. A-81-54 CA 88.50 A-81-55 REHAB. LOANS - Between City and First Interstate Bank for rehabilitation loan agreement. A-81-56 WORKERS' COMPENSATION - Between City and Mission Insurance Company for Excess Workers' Compensation Insurance. CA 88.10 SERVICE AGREEMENT - Between City and Fred S. James & Company to administer City's self-insured Workers' Compensation Program for the period July 1, 1981 through June 30, 1982, with automatic renewal. O.C. CONSORTIUM OF CITIES & NATIONAL CENTER - Between Orange County Consortium of Cities and National Cen- ter for Municipal Development, Inc. for representa- tion in Washington, D.C. A-81-58 - CA 88.50 A-81-59 MACARTHUR BLVD. IMPROVEMENTS - Between City and City of Costa Mesa for certain improvements on MacArthur Boulevard. A-81-60 BOARDS, COMMISSIONS, AND COMMITTEES Accepted the following nominations and set for consideration: Nomination by Bricken for Ward I representative to Bowers Mamorial Museum - Alexander Nalle, 1926 Heliotrope Drive, for a term expiring June 30, 1985 (replacing Ross E. Crane). Nomination by Bricken for Ward 1 representative to CHEC - David Fraunfelder, 819 Spurgeon Street, for a term expiring June 30, 1982 (reappointment). Nomination by Luxembourger for Ward 2 representative to Community Redevelopment Commission - Tom McLean, 939 Riviera, for a term expiring June 30, 1985 {replacing Hector Godinez). CITY COUNCIL MINUTES 203 JULY 6, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued Nomination by Council Nominating Committee for rep- resentative to Marks Historical Committee - Connie Major, 923 N. Olive, for a term expiring June 30, 1982 (reappointment). CA 80.9 Appointed the following: Hector Godinez, Jr. - Ward 3 representative to Bowers Memorial Museum; first term expiring June 30, 1985 (replacing Jeanette T. Bean). Diane D. Nordby - Ward 4 representative to Bowers Memorial Museum; first term expiring June 30, 1985 (replacing Kathleen Howard). Irvin T. Lathrop - Ward 1 representative to Library Board; second term expiring June 30, 1985 (reappoint- ment). Richard T. Politiski - Ward 3 representative to Personnel Board; second term expiring June 30, 1985 (reappointment). Roy Uno - Ward 7 representative to Planning Commission; for a term expiring June 30, 1985 (reappointment). Albert Salgado - Ward 7 representative to Recreation & Parks Board; second term expiring June 30, 1985 (reappointment). Barbara Blankman - Ward 7 representative to CHEC; for a term expiring June 30, 1982 (reappointment). Gates Burrows o Ward 3 representative to CHEC; for a term expiring June 30, 1982 (reappointment). Norma Coon - Ward 6 representative to CHEC; for a term expiring June 30, 1982 (reappointment). Donna Minick - Ward 4 representative to CHEC; for a term expiring June 30, 1982 (reappointment). Lecil Slabeck o Ward 5 representative to CHEC; for a term expiring June 30, 1982 (reappointment). Mrs. Weston Walker - At-large representative to CHEC; for a term expiring June 30, 1982 (reappointment). Jim Sleeper - At-large representative to CHEC; for a term expiring June 30, 1982 (reappointment). R. W. Luxembourger - Alternate for Mayor Bricken on Santa Aha River Flood Protection Agency; for a term expiring April, 1983. CA 80.9 UNINVESTIGATED LIABILITY CLAIMS Referred to administration, claims received from June 6, 1981 through June 26, 1981. CA 65.7b REPORTS TO FILE Received and filed the following: RAITT & MCFADDEN SIGN REQUEST CA~:2~ APPEAL HEARING SET BEFORE HEARING OFFICER Authorized Clerk to appoint a hearing officer, set for hearing, and author- ized payment of hearing officer for the following: APPEAL FROM DECISION OF THE POLICE CHIEF - MATTHEW D. COHN - REGARDING SECURITY GUARD LICENSE RENEWAL CA 26.8 CITY COUNCIL MINUTES 204 JULY 6, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued HEARING OFFICER'S REPORT RE: PEEP SHOW PERMIT AT J.J.M., INC., 213 N. HARBOR Adopted proposed decision of the Hearing Officer in its entirety, which recommends: The decision of the City Manager, denying the application of J.J.M., Inc. for renewal of its peep show permit for the premises located at 213 N. Harbor Boulevard, Santa Aha, is upheld based on the following: Appellant's present operation is not in compliance with all applicable laws within the meaning of Section 12-27(c), SAMC. CA 26.8 USE OF CITY EMBLEM Approved the Santa Ana Host Lions Club request to incorporate the City emblem with their logo to create a commemorative badge. CA 80.12 CAPITAL IMPROVEMENT PROG. Received and referred the following to the Planning Commission for report back on August 3, 1981: PRELIMINARY lO-YEAR CAPITAL IMPROVEMENT PROGRAM 1981-1991 CA 65A * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * * * ABC LICENSE APPLICATION 2740 N. MAIN - RECEIVED & FILED MOTION was made by Griset, seconded by Luxembourger, to receive and file the following: FOWLER, ALfred H. & Patricia A., 2740 N. Main - Supplemental application, Type 47 On-sale General, Public Eating Place, replacing Type 41 On-sale Beer and Wine. (Agenda Item 5C} AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 146 DEEDS WITH CASH MOTION was made by Griset, GRANTEE CITY - APPROVED seconded by Acosta, to approve deed and authorize execution of all necessary documents in connection with purchases by Mayor and Clerk of the following: ALDERMAN, Thomas E., northwest of First at French Street; street purposes. (Agenda Item 6C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan Serrato Markel None CA 155 MOTION was made by Griset, seconded by Acosta, to approve deed and authorize execution of all necessary documents in connection with purchases by Mayor and Clerk of the following: FOSTER & KLEISER, north and south of First, east of Lacy; street purposes. (Agenda Item 6D) AVES: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato NOES: Markel ABSENT: None CA 155 CITY COUNCIL MINUTES 205 JULY 6, 1981 CUP 80-22 & EX 80-47 Mr. Wallace R. Davis, 540 N. SET FOR PUBLIC HEARING Golden Circle Drive, Santa Ana, ON 8/3/81 requested that Conditional Use Permit 80-22 and Minor Exception 80-47 be set for public hearing on July 20, 1981. Following discussion, MOTION was made by Griset, seconded by Acosta, to set the following for public hearing on August 3, 1981; contingent on receipt of applicable fees: NEGATIVE DECLARATION & CUP 80-22 - Filed by Atlantic Richfield Co. to allow modification of an existing service station to include a retail mini-market at 1222 E. First Street in the M1 District. Staff Recommendation: Denial. DENIED. (Agenda Item 8A) CA 13.1 NOTICE OF EXEMPTION & EX 80-47 - Filed by Atlantic Richfield Co. to allow off-sale beer and wine (Type 20 License) in proposed convenience market within an existing service station at 1222 E. First Street in the M1 District. Staff Recommendation: Denial. DENIED. (Agenda Item 8B) CA 13.2 AYES: NOES: ABSENT: Acosta, Bricken, Griset, McGuigan, Serrato None None Luxembourger, Markel, VA 81-17 APPROVED MOTION was made by Luxembourger, seconded by McGuigan, to approve and file Negative Declaration and Findings of Fact on the following: NEGATIVE DECLARATION & VA 81-17 - Filed by the City of Santa Aha Redevelopment Agency to allow the con- struction of office-retail buildings with substand- ard parking at 400 W. Fifth Street in the C3-HD II District to be rezoned in the CD-HD II District (A.A. 854). Staff Recommendation: Approval. APPROVED. (Agenda Item 8C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 13 BOARDS, COMMISSIONS, & COMMITTEES - PLN. APPT. CONT'D TO 7/20/81 MOTION was made by Luxembourger, seconded by Griset, to continue the following appointment to July 20, 1981: Rita M. Corpin - Ward 2 representative to Planning Commission; for a term expiring June 30, 1985 (reappointment). (Agenda Item 13B-5) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxxembourger, Markel, McGuigan, Serrato None None CA 80.9 COUNCIL REFERRAL SUMMARY RECEIVED & FILED recommended therein: MOTION was made by McGuigan, seconded by Luxembourger, to receive and file the following report and delete items as COUNCIL REFERRAL SUMMARY (Agenda Item 15) CITY COUNCIL MINUTES 206 JULY 6, 1981 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 80.2 PROCLAMATIONS RECEIVED & FILED MOTION was made by Griset, seconded by McGuigan, to receive and file the following: PROCLAMATIONS (Agenda Item 16A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 46 TRAFFIC STUDY EVALo ENFORCE- MENT & ENGR. ANALYSIS REPORT RECEIVED & FILED MOTION was made by Griset, seconded by McGuigan, to receive and file the following: TRAFFIC STUDY EVALUATION ENFORCEMENT & ENGINEERING ANALYSIS REPORT (Agenda Item 16C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 18.11 REPORT ON ECON. DEV. SEMINAR RECEIVED & FILED MOTION was made by Griset, seconded by Luxembourger, to receive and file the following: REPORT ON ECONOMIC DEVELOPMENT SEMINAR (Agenda Item 16D) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 82.11 CONTINUE ITEM AMER. BUS SHELTER CO. CON- TRACT - CONT'D TO 8/3/81 MOTION was made by Acosta, seconded by McGuigan, to continue the following to August 3, 1981: AMERICAN BUS SHELTER COMPANY CONTRACT (Agenda Item 17) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 84 ORD, NS-1587 - PROHIBITING FOOD VENDING VEHICLES NEAR SCHOOL PROP. - 2ND READING & ADOPTED MOTION was made by Griset, seconded by Serrato, to place on second reading and adopt the following resolution: ORDINANCE NO. NS-1587 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 36-136 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT FOOD VENDING SALES NEAR SCHOOL PROPERTY OR CROSSWALKS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 38 CITY COUNCIL MINUTES 207 JULY 6, 1981 ORD. NS-1589 - A.A. #848 614 S. GRAND AVE. - 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by McGuigan, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1589 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 848 TO REZONE PROPERTY LOCATED ON THE WEST SIDE OF GRAND AVENUE, SOUTH OF CHESTNUT AVENUE, FROM THE R1 (SINGLE FAMILY RESIDENCE), M1 (LIGHT INDUSTRIAL), AND M2 (HEAVY INDUSTRIAL) DISTRICTS TO THE SD (SPECIFIC DEVELOPMENT) DISTRICT, AND ADOPTING SPECIFIC PLAN #16. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 10 CONCESSION AGREEMT. & RES. 81-105 Mr. Bruce Glatman, representing REVENUE FROM CONCESSION AGREEMT. Celebrity Park, Inc., responded WITH CELEBRITY PARK FOR REC. PUR- to Council's concerns regarding POSES - CONT'D TO 7/20/81 security, parking, financial background, and resources of the principals proposing a Master Concession Agreement for Centennial Park. Council recessed at 3:09 p.mo, and reconvened at 3:24 p.m. with the same members present, except Councilmember Serrato who returned at 3:30 p.m. Following discussion, MOTION was made by Griset, seconded by Acosta, to continue the following to July 20, 1981, to permit for discussion of any concerns that exist with the City Manager, his designees, or Mr. Bruce Glatman, representative of Celebrity Park, Inc.: CONCESSION AGREEMENT - Between City and Celebrity Park, Inc., for master concession lease of approx- imately 32 acres of land in Centennial Park for a period of 40 years, with three 5-year options. A-81-61 RESOLUTION NO. 81-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO USE REVENUE FROM THE MASTER CONCES- SION AGREEMENT WITH CELEBRITY PARK, INC., FOR RECREATION PURPOSES. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 52 RES. 81-106 - ESTABLISHING APPROPRIATIONS LIMIT OF CITY FOR FY 1981-82 - ADOPTED MOTION was made by Griset, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 81-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATIONS LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 1981-82. AYES: NOES: ABSENT Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 65B RES. 81-107 - APPROVING CERTIF. OF COMPLIANCE - CONT'D TO EVEN. SESSION Item 81: Decision was made by unanimous informal consent to continue the following resolution to the evening session to coincide with CITY COUNCIL MINUTES 208 JULY 6, 1981 RESOLUTION NO. 81-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A CER- TIFICATE OF COMPLIANCE PURSUANT TO THE SUBDIVISION MAP ACT FOR A PARCEL OF REAL PROPERTY OWNED BY HARVEY DICK KAGASOFF AND KAZUKO T. KAGASOFF. CA 25.3 RES. 81-108 - DESIGNATING REPS TO ACQUIRE FED. SURPLUS PROP. - ADOPTED MOTION was made by Griset, seconded by Markel, to adopt the following resolution: RESOLUTION NO. 81-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 45 RES. 81-109 - APPo FOR COMPUT- ERIZED TRAFFIC ACCIDENT DATA STORAGE & RETRIEVAL SYSo - ADOPTED MOTION was made by Griset, seconded by McGuigan, to adopt the following resolution: RESOLUTION NO. 81-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DIRECTOR OF ll~ANSPORTATION TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY, FOR FUNDING OF THE DEVELOPMENT AND IMPLEMENTATION OF A COMPUTERIZED TRAFFIC ACCIDENT DATA STORAGE AND RETRIEVAL SYSTEM. AYES: NOES: ABSENT: Acosta, Bricken, Griset, McGuigan, Serrato None None Luxembourger, Markel, CA 84.3 COUNCIL TRAVEL POLICY ADOPTED from the City Manager dated May 28, 1981. MOTION was made by Luxembourger, seconded by McGuigan, to adopt the Council Travel Policy as outlined in the memo to Council AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 65.14 EXECUTIVE SESSION REMAINDER OF AFTERNOON ITEMS CONTINUED TO EVENING SESSION Council recessed to Executive Session at 3:58 p.m. and recon- vened at 5:38 p.m. By unanimous informal consent, the remainder of the afternoon agenda items were continued to the evening session. RECESS The Council recessed to dinner at 5:39 p.m. with members of the Library Board at Horikawa Restaurant, 3800 S. Plaza Dr. CITY COUNCIL MINUTES 209 JULY 6, 1981 The meeting was reconvened at 7:45 p.m., with all members present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Dr. Wilbur Bullard, First Baptist Church of Santa Ana. OATHS OF OFFICE - HECTOR GODINEZ The Deputy Clerk of the Council & DIANE NORDBY - MUSEUM BOARD administered the Oath of Office to Hector Godinez and Diane Nordby newly appointed Ward 3 and Ward 4 members respectively, to the Bowers Memorial Museum Board. PUBLIC HEARING ~ ASSESSMENT DIST. #244 - RES. NOS. 81-98, 81-99, 81-100, & 81-101 NOT ADOPTED; ASSESSMENT DIST. ABANDONED; CA INSTRUCTED; STAFF ~UCTED The Mayor opened the public hearing of appeals against Assessment District No. 244. The City Manager gave the staff report and recommended that since a majority protest had been filed, the assessment district be discontinued. The Clerk of the Council reported that nine letters against the assessment district, 15 letters in favor of the assessment district, and numerous letters from Washington School students had been received. The nine letters against the assessment district were affirmed as valid protests, representing a majority of the total of 15 legal property owners under the proposed assessment district. MacKenzie Brown, the City's legal counsel for the assessment district, addressed Councilmembers and informed them that if the district were to be abandoned, any portion could be re-initiated during the year, but the entire project could not be re-initiated for one full year. The following persons spoke in protest to Assessment District No. 244: Lori Scott, 24115 Big Timber, E1 Toro Hortencia Estrada, 2148 S. Sycamore Charles Moore, 2147 S. Broadway William R. White, 2148 S. Broadway Michael J. Curran, 2148 S. Barton Marian Martin, 2149 S. Van Ness Mary Sharon White, 2148 S. Broadway The following persons spoke in favor of Assessment District No. 244: Serene Stokes, Principal of Washington School Allen H. Egan, 2148 S. Garnsey The Director of Public Works reviewed the costs involved with the assessment district, stating that an assessment of $33,000 was the portion to be divided among the property owners of the $103,000 total district costs. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Luxembourger, seconded by Markel, to abandon Assessment District No. 244, to reject all bids, and to instruct the City Attorney to prepare the appropriate resolution. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Griset, seconded by Acosta, to instruct staff to prepare with neighborhood involvement and participation, an alternate assessment district, deleting sidewalks. CITY COUNCIL MINUTES 210 JULY 6, 1981 Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 90 AGENDA ORDER - AGREEMENT The following persons, represent- ENGINEERING SERVICES ing the engineering firms which JEF ENGR. APPROVED; had submitted proposals for ~ engineering services to the City for the Santa Ana/Orange Transportation Systems Improvement Study, addressed Council and answered questions posed by Council: Ron Wolford, Berryman & Stephenson, Inc. James H. Kell, JHK & Associates Joe Foust, JEF Engineering Council recessed at 8:55 pom., and reconvened at 9:05 p.m. with all members present. Following lengthy discussion, MOTION made by Griset, seconded by Luxembourger, to continue the matter to July 20, 1981, was withdrawn. MOTION made by Acosta, seconded by Serrato, to reject staff recommendations FAILED on the following vote: AYES: NOES: ABSENT: Acosta, Markel, Serrato Bricken, Griset, Luxembourger, McGuigan None MOTION made by Griset, seconded by Luxembourger, to accept staff recommenda- tion and approve the contract agreement for professional engineering services with JEF Engineering, at a cost not to exceed $75,900, and instruct staff to review the City's Request for Proposals procedure, passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, McGuigan Acosta, Serrato None A-81-48 Council recessed at 9:55 p.m., and reconvened at 10:04 p.m,, with all members present. AGENDA ORDER - HEARING OFFICER'S DECISION RE: DENIAL OF POOL HALL PERMIT AT VIETNAMESE YOUTH CLUB DECISION ADOPTED and pool hall permit. Greg Sanders, attorney represent- ing the Vietnamese Youth Club, addressed Council and reported that the Youth Club had applied for tax exempt status and no longer required the billiards Following discussion, MOTION was made by Luxembourger, seconded by McGuigan to support the decision of the Hearing Officer, based on the facts presented to the Hearing Officer at the time of the hearing, which recommends that the decision of the Chief of Police, denying the application of the Viet- namese Youth Club for a permit to conduct a business where games of billiards and pool are conducted, for premises located at 2327 W. Edinger, is upheld on the grounds that 1) the appellant's present operation falls within the requirements of Section 29-1, SAMC; and 2) that a Conditional Use Permit is required to enable Appellant to engage in those activities at its present site. At City Manager's request and agreed to by the maker and second, the second clause was stricken from the motion. CITY COUNCIL MINUTES 211 JULY 6, 1981 Mr. Sanders agreed that this action was not prejudicial to the City's right to require a Conditional Use Permit. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, McGuigan, Serrato NOES: None ABSENT: None Luxembourger, Markel, CA 26.8 PUBLIC HEARING The Mayor opened the public VA 81-13 - 630 S. EUCLID hearing of Negative Declaration CA INSTRUCTED and Variance Application 81-13, filed by D. I. Ogden and Sam Doukas, to construct a restaurant with deficient yards and two wall signs at 630 S. Euclid. Assistant City ManagerSwanson gave the staff report and recommendations. The Clerk of the Council reported there were no written communications. The following persons spoke in favor of Variance.Application 81-13: Paul Woerz, 150 S. Orange, Los Angeles Walter Hahn, 17111W. Beach Blvd., Huntington Beach Howard Kiellson, 423 S. Deming Eleanor Moreley, 4211 West Santa Ana Margaret Messmer, 4211 West Santa Aha Clarence Moetz, 10682 Ballast Carol J. Bracken, 1110 N. West John Stumpf, 323 N. Euclid Charles Valek, 10401 Mast Avenue John Valek, 14301Malibu, Westminster Diane Guzman, 3903 W. loth Linda Haley, 10691 Ballast, Garden Grove Carolyn Valek, 14301Malibu, Westminster Arturo Moreno, 630 S. Corta, spoke against the variance application. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by McGuigan, seconded by Luxembourger, to approve and file the Negative Declaration, and to instruct the City Attorney to prepare a resolution approving VA 81-13 and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13 PUBLIC HEARING The Mayor opened the public VA 81-10 - 622 S. EUCLID hearing of Negative Declaration CA INSTRUCTED and Variance Application 81-10, filed by Makran Nawar, to con- struct a retail building with substandard yards and interior landscaping, and with canopy signs and a monument sign within ten feet of the street property line at 622 S. Euclid Street. Assistant City Manager Swanson gave the staff report and recommendations. The Clerk of the Council reported there were no written communications. Magdy Hanna, 19762 MacArthur, Irvine, spoke in favor of the variance appli- cation. There were no other speakers on the matter. The Mayor closed the public hearing. CITY COUNCIL MINUTES 212 JULY 6, 1981 Following discussion, MOTION was made by McGuigan, seconded by Acosta, to to approve and file the Negative Declaration, and to instruct the City Attorney to prepare a resolution approving VA 81-10 and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, McGuigan, Serrato NOES: None ABSENT: None Luxembourger, Markel, CA 13 PUBLIC HEARING - APPEAL The Mayor opened the public APPLICATION #442 - EX 81-13, hearing of Notice of Exemption 3312 W. FIRST ST. and Appeal Application No. 441, CA INSTRUCTED of the Zoning Administrator's denial of Minor Exception 81-13 to allow off-sale beer and wine (Type 20 License) in a mini-market, "Toritos," within a self-service gas station in the C2 District at 3312 W. First Street. The Senior Planner presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. Edward Frieson, 518 S. Bristol, spoke in favor of the appeal. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by McGuigan, seconded by Serrato, to approve and file the Notice of Exemption, and instruct the City Attorney to prepare a resolution granting Appeal No. 442, approving EX 81-13, and overruling the decision of the Zoning Administrator. Motion passed on the following vote: AYES: NOES: ABSENT: Griset, Luxembourger, Markel, McGuigan, Serrato Acosta, Bricken None CA 13.5 PUBLIC HEARING - APPEAL The Mayor opened the public APPLICATION #443 - VA 81-14 hearing of Negative Declara- 1446 S. FLOWER ST. tion and Appeal Application CA INSTRUCTED No. 443, filed by Michael Saba, appealing the Planning Commission's denial of Variance Application 81-14, to allow the addition of a mini-market, including beer and wine sales, to an existing service station in the R1 District at 1446 S. Flower Street. The Senior Planner presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. Michael Saba, the appellant, spoke in favor of the appeal. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Acosta, seconded by Luxembourger, to approve and file the Negative Declaration, and instruct the City Attorney to prepare a resolution denying Appeal No. 443, denying VA 81-14, and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan Markel Serrato CA 13.3 CITY COUNCIL MINUTES 213 JULY 6, 1981 PUBLIC HEARING - APPEAL The Mayor opened the public APPLICATION #444 - VA 80-75 hearing of Appeal Application 3610 W. 17TH ST. No. 444, filed by Bowers REMANDED TO PLANNING COMM. Tractor Inc., appealing the Planning Commission's denial of Variance Application 80-75, to allow storage of heavy equipment and e~loyee parking in a vacated railroad right of way at 3610 W. 17th Street. The Senior Planner presented the staff report and recommendations. The Clerk of the Council reported there were no v~itten communications. Ray Bicknell, 8951 Chapman, Garden Grove, and Don Schmidt, 1414 N. Harper, spoke in favor of the appeal. Bob Ross, 3505 W. Boyer, spoke in opposition to the appeal. Following discussion, MOTION was made by Luxembourger, seconded by McGuigan, to remand Variance Application 80-75 back to the Planning Commission for public hearing and further clarification. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan NOES: None ABSENT: Serrato CA 13.3 Council recessed at 11:19 p.m., and reconvened at 11:29 with all members present. PUBLIC HEARING - APPEAL The Mayor opened the public APPLICATION #445 - VA 80-71 hearing on Appeal Application 1420 W. FIFTH ST; RES. NO. 81-107 No. 445, filed by Harvey D. and CONTINUED TO 7/20/81 Kazuko Kagasoff, appealing the Planning Commission's denial of Variance Application No. 80-71, to allow light manufacturing, warehousing and open storage at 1420 West Fifth Street. Following consideration of a letter submitted by the legal counsel for the applicant, requesting a continuance of the public hearing, MOTION was made by Acosta, seconded by Serrato, to continue the public hearing of Appeal Application #445 and the following resolution to July 20, 1981: RESOLUTION NO. 81-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A CERTIFICATE OF COMPLI- ANCE PURSUANT TO THE SUBDIVISION MAP ACT FOR A PARCEL OF REAL PROPERTY OWNED BY HARVEY DICK KAGASOFF AND KAZUKO T. KAGASOFF. AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None CA 13.3 PUBLIC HEARING - AMEND APP 853 801 & 811S. FAIRVIEW, 800 & 810 S. SULLIVAN - ORD. NO. NS-1590 - 1ST READING & PUBLISH TITLE the C4 District to the R3 District. The Mayor opened the public hear- ing of Amendment Application No. 853, filed by Robert Stern & Associates to rezone property located at 801 and 811S. Fairview and 800 and 810 S. Sullivan from The Senior Planner 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 amendment application: CITY COUNCIL MINUTES 214 JULY 6, 1981 Robert Stern, 15335 Morrison, Sherman Oaks Pedro Gutierrez (did not file Request to Address Council with Clerk) Harold Morgan, 801S. Fairview Donald Poland, 801S. Fairview There were no other 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 ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1590 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 853 TO REZONE PROPERTY LOCATED BETWEEN FAIRVIEW AND SULLIVAN STREETS, SOUTHERLY OF WILLIS STREET, FROM THE C4 (PLANNED SHOPPING CENTER) DISTRICT TO THE R3 (MEDIUM DENSITY, MULTIPLE FAMILY RESIDENCE) DISTRICT AND AMENDING SECTIONAL MAP NO. 15-5-10. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 10 DEFERRED FROM AFTERNOON SESSION MOTION was made by Serrato, WA 81-2 - 801 & 811S. FAIRVIEW, seconded by Luxembourger, to 800 & 810 S. SULLIVAN approve and file the Negative APPROVED & FILED Declaration and Findings of Fact on Waiver 81-2, filed by Robert I. Stern, to waive the requirement of separate sewers and water meters for a proposed condominium conversion at 801 & 811 S. Fairview and 800 & 810 S. Sullivan in the C4 District to be rezoned to the R3 District. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, Serrato McGuigan None CA 13.6 PUBLIC HEARING - AMEND APP 854 The Mayor opened the public hear- SE CORNER OF ROSS & 5TH ST ing of Amendment Application 854, ORD. NO NS-1591 - 1ST READING filed by the Redevelopment Agency & PUBLISH TITLE of the City of Santa Aha to rezone property located at the southeast corner of Ross and Fifth Streets, from the C3-HD II District to the CD-HD II District. The Senior Planner presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. Randolph Jones and Herbert Godelle spoke in favor of the amendment application. There were no other speakers on the matter. The Mayor closed the public hearing. Following McGuigan, following discussion, MOTION was made by Luxembourger, seconded by to approve and file the Negative Declaration, and place the ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1591 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 854 TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF FIFTH STREET EASTERLY OF ROSS STREET EXTENDING SOUTHERLY TO FOURTH STREET FROM THE C3-HD II (CENTRAL BUSINESS, HEIGHT DISTRICT II) DISTRICT TO THE CD-HD II (CIVIC DEVELOPMENT, HEIGHT DISTRICT II) DISTRICT AND AMENDING SECTIONAL MAP NO. 12-5-10. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 10 CITY COUNCIL MINUTES 215 JULY 6, 1981 PETITION RE: CROW PROBLEM Followin9 consideration of a ALONA PARK AREA petition containing 19 signa- REFERRED TO CO. HEALTH DEPT. tures from residents of the Alona Park area protesting the nuisance of an over-abundance of crows causing destruction of property, MOTION was made by Luxembourger, seconded by Serrato, to refer the matter to the County Health Department. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 112.14 PETITION FROM EASTSIDE Following consideration of a NEIGHBORHOOD petition containing 55 signatures REFERRED TO STAFF of residents from the Eastside Neighborhood, protesting the condition of the burned-out house at 931S. Orange Street, MOTION was made by McGuigan, seconded by Acosta, to refer the matter to staff. AYES: Acosta, Bricken, Griset, McGuigan, Serrato NOES: None ABSENT: None Luxembourger, Markel, CA 99.3 COMMUNITY FUNDING REQUESTS FOR PARADES CONTINUED TO 7/20/81 1981. MOTION was made by Acosta, seconded by Griset, to continue the matter of community funding requests for parades to July 20, AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 45.1 O.C. MANPOWER COMMISSION MOTION was made by Griset, FY 81-82 JT. POWERS AGREEMENT seconded by Luxembourger, APPROVED to approve the revised Orange County Manpower Commission Joint Powers Agreement for fiscal year 1981-82. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None A-81-63 APP ADJ #230; C.O. #7 FIRE STATION NO. 4 APPROVED MOTION was made by Acosta, seconded by Serrato to: 1) Approve Appropriation Adjustment No. 230 transferring $6,000 from 11-325-Operating to 51-329-Capital, and 2) Approve Contract Change Order No. 7 for Project 8153, construction of Fire Station No. 4 and office facilities, in the amount of $1,659.50. AYES: McGuigan, Serrato NOES: None ABSENT: None Acosta, Bricken, Griset, Luxembourger, Markel, SENIOR CITIZENS MEAL SERVICES & TRANSPORTATION AGREEMENTS - APPROVED APP ADJ #233 - APPROVED CA 64 65.3 MOTION was made by Griset, seconded by McGuigan to: CITY COUNCIL MINUTES 216 JULY 6, 1981 1) 2) 3) AYES: NOES: ABSENT: Authorize the Mayor and Clerk to sign a contract with the Feedback Foundation, Inc., for meal services to the elderly; Authorize the Mayor and Clerk to sign a contract with the Community Development Council for Senior Citizens transportation services. Approve Appropriation Adjustment No. 233, transferring $24,535 from 11-O00-Council Contingency to 11-206- Community Resources. Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 65.3 A-81-62 ANNUAL MEMBERSHIP DUES MOTION was made by Luxembourger, O.C. LEAGUE OF CITIES seconded by Griset, to authorize APPROVED the expenditure of $4,444 to the League of California Cities, Orange County Division, for membership fees for fiscal year 1981-82. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 148 REPORT OF SEISMIC SAFETY ORD. COMMITTEE MTG. CONTINUED TO 7/20/81 Committee meeting to July 20, 1981. MOTION was made by Acosta, seconded by Serrato, to continue the report on the Seismic Safety Ordinance AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 78.3h ATSFE VS ST. BDo OF EQUAL. By way of action out of Execu- ORANGE CO. AUTHORIZED; rive Session, MOTION was made by NIETO VS. SA - C~A McGuigan, seconded by Markel, AUTHORIZED that pursuant to the Revenue and Taxation Code, Section 5149, the County of Orange be requested to defend the City of Santa Ana in that certain case entitled Atchison, Topeka, & Santa Fe Railway Company versus the State Board of Equalization; the County of Orange be authorized to execute the acknowledgement of services of summons and complaint in said lawsuit, and that arrangements be made for Santa Ana's defense by the Santa Clara County Counsel's office. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Serrato, seconded by Markel, that the City Attorney be authorized to settle the case entitled Nieto versus Santa Ana, Orange County Superior Court case No. 330131, in the sum of $8,200. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 139 ORAL COMM - ACOSTA Councilmember Acosta reminded TECATE EN MARCHA Council of the festivities planned for Tecate, Santa Ana's Sister City, which are scheduled for Saturday, July 11, 1981, in conjunction with Tecate's Annual Fair. CITY COUNCIL MINUTES 217 JULY 6, 1981 Mr. Acosta also inquired as to the status of certain subjects about which he had previously requested information be supplied to Council, i.e., plan approval process, business license enforcement, and now a comprehensive review of the City's Request for Proposal procedure. CA 80 ORAL COMM - SERRATO Councilmember Serrato questioned COMPLAINT RE: MOBILE HOME why a complaint he had received PARK - SET FOR AGENDA regarding unsanitary conditions around a mobile home park had not been agendized as he had requested. By unanimous informal consent, Council agreed to place this matter on the agenda of the next regular Council meet- ing. CA 99.3 ORAL COMM - LUXEMBOURGER Councilmember Luxembourger reported UNSANITARY COND. AT CORBIN on unsanitary conditions he had CENTER; REFERRED TO STAFF observed at Corbin Center. By unanimous informal consent, the matter was referred to staff for investigation and report back to Council. CA 99.3 HOUSING AUTHORITY At 12:04 a.m, Council recessed to the Housing Authority meeting, and reconvened at 12:05 a.m. ADJOURNMENT 20 Civic Center Plaza. By unanimous informal consent, the meeting was adjourned at 12:06 a.m., to Monday, July 13, 1981, at 3:30 p.m., Room 831, y~/aFlce C. Guy - ' (.CJ~4)rk of the Council CITY COUNCIL MINUTES 218 JULY 6, 1981