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HomeMy WebLinkAbout08-03-1981 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTAANA, CALIFORNIA August 3, 1981 The meeting was called to order by Vice Mayor Luxembourger at 2:09 p.m. in the City Council Chambers, 22 Civic Center Plaza. Councilmembers present were John Acosta, R. W. Luxembourger, J. Ogden Markel, Patricia A. McGuigan, and Alfred C. Serrato. Also present were City Manager Ao J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy. Mayor Gordon Bricken was absent. Councilmember Daniel E. Griset joined the meeting at 2:22 p.m. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilmember Markel. RECESS - HSG. AUTH.; The meeting was recessed to the CRA - RECONVENED Housing Authority at 2:12 pom. and recessed to the Community Redevelopment Agency at 2:25 p.m. At 2:32 p.m., Council reconvened with all members present except Mayor Bricken. CONSENT CALENDAR ITEMS REMOVED registered by Serrato on Item 12C. The following items were removed from the Consent Calendar: 3C, 12A, 128, 12E, 13A(1), (2), (3), (4), (5), 138(2) and (4). A "NO" vote was CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED MOTION was made by Acosta, seconded by Griset, to approve the staff recommendations on the following Consent Calendar items: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken MINUTES Approved the Minutes of the Adjourned Regular Meeting of July 18, 198~and the Regular Meeting of July 20, 1981. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 7140 - Annual Weed Abatement Contract - Public Works. PROJECTS 8398 & 8399 - Resurfacing Main Street - 17th Street to Santa Aha Freeway and Santa Ana Freeway to Owens Drive - Public Works. CA 89 BID AWARDS Awarded the following in accordance with summary of bid reports submitted: SPEC 81-010 - One 17-foot Rotary Gang Mower and Transport Trailer - Recreation and Parks; awarded to West Point Industries, Inc., in the amount of $39,055.70. Awarded the following bids for annual requirements for Public Works, Water and Transportation Departments in accordance with summary of bid reports submitted: SPEC 81-111 - Asbestos Cement Pipe - awarded to Allied Pipe Co.; CITY COUNCIL MINUTES 239 AUGUST 3, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SPEC 81-112 - Detector Check Valves, awarded to Marden Susco; SPEC 81-118 - Cast Iron Fittings - awarded to TRI Waterworks; SPEC 81-120 - Gate Valves - awarded to Allied Pipe Co.; SPEC 81-121 - Butterfly Valve-Ringtite/Flg - awarded to Marden Susco; and Butterfly Valve-Flex/Comp. - awarded to Certainteed Corp.; SPEC 81-122 - Tapping Gate Valves, Sleeves C.I. and A.C. Pipe - awarded to Allied Pipe. SPEC 81-135 - Fire Hydrants - awarded to Pacific States; SPEC 81-136 - Cold Water Meters - awarded to Carlon Meter; SPEC 81-137 - Water Meters-Fire Serv. - awarded to Hersey Prod,; SPEC 81-138 - Water Meter Compound - awarded to Rock- well Int.; SPEC 81-234 - Portland Cement Concrete - awarded to United Premix Co.; SPEC 81-235 - Asphalt Concrete - awarded to Gulf Oil Corp.; SPEC 81-236 - Trench Paving & Patching - awarded to Sully Miller Co,; PROJECT 8380 & 8383 - Construction of Sanitary Sewers - Public Works - awarded to Mladen Buntich Construction Co., in the amount of $68,226.00. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report on the following: NIETO, Gilbert, 3425 W. First - Transfer under B&P Code Section 24071 (Death of Licensee) Type "20" Off-sale Beer & Wine. KLOMUR, Inc., 1642 E. 17th - Premises-to-premises Transfer Type "21" Off-sale General. CA 146 VARIANCES Approved and filed Negative Declara- tions and Findings of Fact on the following: NEGATIVE DECLARATION & VA 81-9 - Filed by Hopkins Development Co. to al-low canopy signs in a pro- posed retail center at 1621 North Harbor Blvd. in the C2 District. Staff Recommendation: Approval. APPROVED. NEGATIVE DECLARATION & VA 81-21 - Filed by Ficker & Ruffing Architects to allow a temporary bank building, waiving the requirement for one-third of the property to be in parking, at 3330 S. Harbor Blvd. in the M1 District. Staff Recommenda- tion: Approval. APPROVED. CA 13 CITY COUNCIL MINUTES 240 AUGUST 3, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued FINAL PARCEL & TRACT MAPS Approved final map; accepted the ded- ications thereon and the vehicular access rights to Fairview Street ex- cept at the approved private vehicular accessway: PARCEL MAP 81-876 - South side of First Street between Fairview & Sullivan Streets; 1 parcel. (A.A. 856) CA 25.2 Approved final map; accepted the dedications thereon, and authorized execution of subdivision agreement and letter of credit by Mayor and Clerk: TRACT MAP 11420 - Northwest corner of Susan Street and Sunflower Avenue; 2 lots. CA 24 AGREEMENTS Approved the following agreements and authorized execution by the Mayor and Clerk: CITY SEAL - Between City and Barbara Chapman to use the City Seal on wood and ceramic souvenirs. (Serrato registered a "NO" vote). A-81-74 TERMINATION OF APPRAISAL AGREEMENT - Between City and Kenneth B. C. McCubbins dated June 16, 1980. A-81-72 BOARDS, COMMISSIONS, AND COMMITTEES Appointed the following: Alexander Nalle, Ward 1 representative to Bowers Memorial Museum; for a term expiring June 30, 1985 (replacing Ross E. Crane). Lora Ward - alternate City representative to Health Planning Council of Orange County, first term expir- ing June 30, 1982. CA 80.9 UNINVESTIGATED LIABILITY CLAIMS Referred to administration, claims received from July 10, 1981 through July 23, 1981. CA 65o7b COUNCIL REFERRAL SUMMARY Received and filed report. CA 80.2 REPORTS TO FILE Received and filed the following: PETITION RE: PROPOSED EAIRHAVEN MOBILE HOME PARK CA 16 UPDATE - FOURTH ST. GRADE CROSSING REZONE TO M2-SD AND C2-SD CA 99 UPDATE - JUHLIEN HOUSE ON 18TH STREET CA 85.1g AMERICAN BUS SHELTER COMPANY CONTRACT PERFORMANCE REVIEW CA 84 CONTINUE ITEMS Continued the following to August 17, 1981: COMMUNITY FUNDING REQUESTS RECOMMENDED ANNUAL POLICY CA 45.1 REQUEST FOR FUNDS FOR SAFD/SA JAYCEES PARADE CA 45.1 64 * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * CITY COUNCIL MINUTES 241 AUGUST 3, 1981 BID AWARD PROJECT 6162 APPROVED MOTION was made by Griset, seconded by McGuigan, to award the following in accordance with summary of bid report submitted: PROJECT 6162 - Rosita Park Concession Stand Con- struction - Recreation and Parks; awarded to Jolley Associates, Inc., in the amount of $37,894.00. (Agenda Item 3C) AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 89 SALE OF ADS AGREEMENT APPROVED and Clerk: MOTION was made by Acosta, seconded by Griset, to approve the following agreement, and authorize execution by Mayor SALE OF ADS - Between City and Hoffman and Associates for the sale of ads for Recreation brochures, for a period ending July 31, 1982. (Agenda Item 12A) AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Serrato Luxembourger, Markel Bricken A-81-67 CAPACITY LEASE IN CITY SEWER LINE AGREEMENT - APPROVED MOTION was made by Griset, seconded by Serrato, to approve the following agreement: CAPACITY LEASE IN CITY SEWER LINE - Between City and Garden Grove Sanitary Sewer District for lease of capacity in City sewer line. (Agenda Item 12B) AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken A-81-71 COOPERATIVE AGREEMENT REVENUE BONDS APPROVED MOTION was made by Griset, seconded by Acosta, to approve the following agreement: COOPERATIVE AGREEMENT - Between City and County of Orange for Mortgage Revenue Bonds. (Agenda Item 12E) AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Serrato Markel Bricken A-81-73 BOARDS, COMMISSIONS & Joe Gilmaker, 308 W. 4th Street, COMMITTEES - NOMINATIONS TO requested from Council repre- UBC/DBC - CA INSTRUCTED; CONT'D sentation of the business community on the Combined Board of A~peals for the Uniform Building Code/Dangerous Building Code. Following discussion, MOTION was made by Griset, seconded by Serrato, to continue the following nominations and instruct the City Attorney to draft an ordinance to increase the number of members on the Combined Board of Appeals from five to seven, with appointments subject to approval by the full Council: Nomination for at-large representative to the Combined Board of Appeals - UBC/DBC (Uniform Building Code/Dangerous Building Code) - John Coil, 1401 Bush St., for a term expiring June 30, 1982. (Agenda Item 13A-1) CITY COUNCIL MINUTES 242 AUGUST 3, 1981 Nomination for at-large representative to the Combined Board of Appeals - UBC/DBC - James E. Noe, 2406 Old Grand Ave., for a term expiring June 30, 1983. (Agenda Item 13A-2) Nomination for at-large representative to the Combined Board of Appeals - UBC/DBC - John Garthe, 1104 Freeman, for a term expiring June 30, 1984. (Agenda Item 13A-3) Nomination for at-large representative to the Combined Board of Appeals - UBC/DBC - John W. Hill, 1117 N. Concord, for a term expiring June 30, 1985. (Agenda Item 13A-4) Nomination for at-large representative to the Combined Board of Appeals - UBC/DBC - Doy Henley, 1409 E. St. Gertrude, for a term expiring June 30, 1982. (Agenda Item 13A-5) AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 80.9 BOARDS, COMMISSIONS, & COMMITTEES - COMMUNITY REDEVELOPMENT REP. - APPOINTED MOTION was made by Acosta, seconded by Serrato, to appoint the following: R. Thomas McLean - Ward 2 representative to Community Redevelopment Commission; first term expiring June 30, 1985 (replacing Hector Godinez). (Agenda Item 13B-2) AYES: NOES: ABSENT: Acosta, Griset, Luxembouger, McGuigan, Serrato Markel Bricken CA 80.9 CULTURAL HERITAGE EVALUATION COMM. REP. - APPOINTED MOTION was made by Markel, seconded by McGuigan, to appoint the following: Allen Goddard, Ward 2 representative to Cultural Heritage Evaluation Committee, for a term expiring June 30, 1982 (reappointment). (Agenda Item 13B-4) AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 80.9 RECESS Council recessed at 3:17 p.m., and reconvened at 3:31 p.m. with the same members present. ORD. NS-1592 FY '81-82 BUDGET - 2ND READING & ADOPTED MOTION was made by Griset, seconded by Acosta, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1592 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 1981. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Markel Bricken Serrato CA 65B CITY COUNCIL MINUTES 243 AUGUST 3, 1981 ORD. NS-1593 MOTION made by McGuigan, REGULATING ESCORT BUREAUS seconded by Acosta, to continue & INTRODUCTORY SERVICES - the following ordinance, super- CONT'D TO 8/17/81 seded the MOTION made by Griset, seconded by Serrato, to place said ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1593 o AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 12 OF THE SANTA ANA MUNICIPAL CODE, BY ADDING ARTICLE V THERETO, CON- SISTING OF SECTIONS 12-150 THROUGH 12-169, INCLU- SIVE, REGULATING THE OPERATIONS OF ESCORT BUREAUS AND INTRODUCTORY SERVICES. Motion to continue passed on the following vote: AYES: Acosta, Griset, Serrato NOES: None ABSENT: Bricken Luxembourger, Markel, McGui§an, CA 47 RES. 81-123 SEALED BIDS A.Do 246 - ADOPTED MOTION was made by Griset, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 81-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR SEALED BIDS ON BONDS TO BE ISSUED TO REPRESENT UNPAID ASSESSMENTS UPON LANDS IN ASSESSMENT DISTRICT NO. 246. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Serrato Markel Bricken CA 90 RES. 81-124 - APPROVING FORM OF OFFICIAL STATEMENT (A.D. 246)- ADOPTED MOTION was made by Serrato, seconded by McGuigan, to adopt the following resolution: RESOLUTION NO. 81-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING FORM OF OFFICIAL STATEMENT. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 90 RES. 81-125 - DESIGNATING REDEV. SURVEY AREAS FOR STUDY PURPOSES - ADOPTED MOTION was made by Griset, seconded by McGuigan, to adopt the following resolution: RESOLUTION NO. 81-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING RE- DEVELOPMENT SURVEY AREA NOS. 2, 3, 4, AND 5 FOR STUDY PURPOSES. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Serrato Markel Bricken CA 82.4 RES. 81-126 - WEED, RUBBISH & GARBAGE ABATEMENT - DEFERRED TO EVENING MOTION was made by Griset, seconded by Acosta, to defer the following resolution to the evening session: CITY COUNCIL MINUTES 244 AUGUST 3, 1981 RESOLUTION NO. 81-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJEC- TIONS TO AND CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS PERTAINING TO THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT; MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDER- ING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR. Motion was adopted by unanimous informal consent. CA 11 RES. 81-127 - APPROVING VA 80-71 & GRANTING APPEAL #445 - ADOPTED MOTION was made by Griset, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 81-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVERSING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 80-71, APPROVING SAID VARIANCE AND GRANTING APPEAL NO. 445, FOR PROPERTY LOCATED AT 1450 WEST FIFTH STREET. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 13.3 RES. 81-128 - TEMP. ESTABLISH- MENT OF SEGERSTROM AVE. AS A COUNTY HIGHWAY - ADOPTED MOTION was made by Acosta, seconded by Markel, to adopt the following resolution: RESOLUTION NO. 81-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE ESTABLISHMENT OF SEGERSTROM AVENUE WITHIN THE CITY LIMITS OF THE CITY OF SANTA ANA AS A COUNTY HIGHWAY DURING THE PERIOD OF IMPROVEMENT THEREOF BY THE COUNTY OF ORANGE. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 29 RES. 81-129 - ADD NEW CLASS TITLE DIR. OF PLAN. & DEV. SERVICES - ADOPTED MOTION was made by Acosta, seconded by Griset, to adopt the following resolution and approve class specifications: RESOLUTION NO. 81-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLU- TION NO. 58-281 TO ADD THE NEW CLASS TITLE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES, AND TO DESIG- NATE SAID CLASS AS UNREPRESENTED EXECUTIVE MANAGE- MENT. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Serrato Markel Bricken CA 5O 78 COUNCIL DISCUSSION David Hermance, Land Use Invest- ITEM - 1610 S. MAIN ST. igator, reported to Council that CM INSTRUCTED he had performed thorough zoning inspections and concluded that the property located at 1610 S. Main Street was in con~liance with the zoning and building codes of the City. Following discussion, decision was made by unanimous informal consent to instruct the City Manager to prepare a point-by-point response to Councilmember Markel's letter regarding said property. CA 87 CITY COUNCIL MINUTES 245 AUGUST 3, 1981 AGENDA ORDER - SOUTH COAST AREA TRANS. STUDY CONTINUED TO 8/17/81 to August 17, 1981: MOTION was made by Acosta, seconded by McGuigan, to continue consideration of the South Coast Plaza Area Transportation Study AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 84.3 AGENDA ORDER - REPORT FROM CATV TECH. ADVISORY COMM. - CONT'D TO 8/17/81 The City Manager presented an overview of the technology aspect of the proposed CATV franchise. Following discussion, decision was made by unanimous informal consent to continue the report from the CATV Technical Advisory Committee to August 17, 1981, at 12:15 p.mo in Room 831. CA 130.4 REMAINDER OF AFTERNOON ITEMS CONTINUED TO EVENING SESSION By unanimous informal consent, the remainder of the afternoon agenda items were continued to the evening session. ORAL COMMUNICATIONS FRED SPRIGGS - REQUEST FOR REEVALUATION OF PAINTED CURBS ON 3RD ST. & HARBOR BLVD. Mr. Fred Spriggs, 121S. Harbor Blvdo, expressed his concerns re- garding the impacts of restricted parking on the businesses on Harbor Boulevard. Following discussion, Mr. Spriggs was advised by Vice Mayor Luxembourger to attend the Transportation Advisory Committee meeting to be held on August 13, 1981, at 8:00 a.m., in Room 831. ORAL COMMUNICATIONS ELIZABETH OLSON SUNFLOWER CREEK APTS. REFERRED TO CA Councilmember McGuigan expressed her support and willingness to work with the property owners and business owners along Harbor Boulevard. CA Elizabeth Olson, 1101 W. Stevens Ave., expressed her concerns re- garding the notices sent about Appeal No. 438 and Waiver 81-8 relative to the Sunflower Creek apartment conversion. She requested that this matter be referred back to the Planning Commission. Following discussion, MOTION was made by Serrato, seconded by McGuigan, to refer the matter to the City Attorney to explore the notification process relative to the Sunflower Creek conversion to condominiums: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 13.6a ORAL COMMUNICATIONS ROBERT W. ALBERTS, WALTER SCOTT, JOE GILMAKER, HARRY GREENBERG - A.D. 246 & RES. 81-117 Mr. Robert W. Alberts, Attorney for the Ranchaire Corporation, questioned the legality of Resolu- tion No. 81-117 and requested its reconsideration. Mr. E. Walter Scott, President of Ranchaire Corporation, expressed his concerns regarding notification on Assessment District No. 246, and the lack of assigned parking rights in the proposed parking structure. He requested recession of all actions relative to Assessment District No. 246. Joe Gilmaker, 308 W. 4th, and Harry Greenberg, 109 N. Broadway, also expressed concern regarding A,D. 246. Councilmember Griset stated that the City was carrying out the expressed wishes of the business community in developing parking for the downtown area. CA 90 CITY COUNCIL MINUTES 246 AUGUST 3, 1981 DINNER RECESS Avenue, Santa Ana. At 5:44 p.m., Council recessed to dinner with Assemblyman Richard Robinson at the Black Angus Restaurant, 1350 No Tustin The meeting was reconvened at 7:48 p,m., with the same members present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Dr. Robert Ball, First Presbyterian Church. RECOGNITION OF FORMER MEMBERS Presentations of City Seal Tile OF BOWERS MUSEUM BOARD Plaques were given by Vice Mayor Luxembourger, Councilmember Acosta, and Councilmember Serrato respec- tively, to Ross E. Crane, Jeanette T. Bean, and Kathleen Howard, former members of the Bowers Museum Board for having served two full terms on the board. Council expressed its appreciation for the dedication of these citizens to the City of Santa Ana. CA 80.9 COMMUNITY SPOTLIGHT Marshall Nettles, Executive OPPORTUNITIES IND. CENTER Director of the Opportunities Industrialization Center, in- formed Council that OIC provides vocational education skills training in the areas of clerical services, production machines, combination welding, electronic assembly, and automotive body and fender repair, along with English as a second language and adult basic education services. To date, OIC has spent over $3,500,000 in Orange County. A total of 2,035 participants have completed training in the OIC program, and 1,856 have been placed in unsubsidized employment. The Vice Mayor thanked Mr. Nettles for his informative presentation and presented him with a City Seal Tile Plaque. CA 9.3 OATH OF OFFICE The Clerk of the Council TOM McLEAN administered the Oath of COMM REDEVELOP. COMM. Office to Tom McLean, newly appointed Ward 2 representa- tive to the Community Redevelopment Commission. CA 80.9 EXECUTIVE SESSION LITIGATION ACTIONS - CA AUTHORIZED - LAMPHEAR; LARSON; SANCHEZ; HERNANDEZ Council recessed to Executive Session at 8:04 p.m., and reconvened at 8:45 p.m. By way of action out of Executive Session, MOTION was made by Serrato, seconded by McGuigan, to authorize settlement by the City Attorney of a certain Workers' Compensation case, No. 80-VN-099-081, Joseph Lamphear vs City of Santa Aha, in the amount of a 22% disability. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken MOTION was made by Serrato, seconded by Acosta, to authorize settlement by the City Attorney of a certain case in Orange County Superior Court, Case No. 305-557, Russell Larson vs the City of Santa Ana, in the amount of $10,000. Motion passed on the following vote: AYES; NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CITY COUNCIL MINUTES 247 AUGUST 3, 1981 MOTION was made by Serrato, seconded by McGuigan, to authorize the City Attorney to institute a civil complaint against Silvario R. Sanchez and against Jesus Hernandez for recovery of damages arising out of collisions involving Police vehicles. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 139 PUBLIC HEARING - APPEAL The Vice Mayor announced that this APPLICATION #446 - C5 SITE was the time and place for the PLAN REVIEW #118 - 2705-2761 public hearing of Appeal Applica- N. GRAND AVE. - CA INSTRUCTED tion No. 446, filed by T3nnshare Funds Transfer Service, Inc., appealing the Planning Commission's denial of C5 Site Plan Review #118 for placement of a 141 sqo ft. automated banking teller in an existing commercial center at 2705-2761 N. Grand Avenue. The Chief of Planning and Zoning gave 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: Brian Irving, 13710 Studebaker Road, Norwalk Jerry Diker, 10738 W. Pico, Los Angeles There were no other speakers on the matter. The Vice Mayor closed the public hearing. Following discussion, MOTION was made by Acosta, seconded by Griset, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution denying Appeal No, 446, denying the C5 Site Plan Review #118, and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 13.7 PUBLIC HEARING - APPEAL The Vice Mayor opened the public APPLICATION #447 - CUP 81-10 hearing of Appeal Application No. 225 S. GRAND AVENUE 447, filed by Metropolitan Outdoor CA INSTRUCTED Advertising, appealing the Planning Commission's denial of CUP 81-10 to construct an off-premise outdoor advertising sign at 225 S. Grand Avenue. The Chief of Planning and Zoning presented the staff report and recommenda- tions. The Clerk of the Council reported there were no written communications. Jay Kingery of Metropolitan Outdoor Advertising, spoke in favor of the appeal. The Transportation Director answered questions posed by Council. There were no other speakers on the matter. The Vice Mayor closed the public hearing. Following discussion, MOTION made by Griset to deny the appeal died for lack of a second. CITY COUNCIL MINUTES 248 AUGUST 3, 1981 MOTION was made by Serrato, seconded by McGuigan, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution granting Appeal No. 447, approving CUP 81-10 subject to a 5-year limitation clause, allowing a lighted sign, and deleting the driveway requirements, and overruling the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Luxembourger, Markel, McGuigan, Serrato Griset Bricken CA 13.4 Council recessed at 9:40 p.m., and reconvened at 9:55 p.m., with the same members present. PUBLIC HEARING - APPEAL APPLICATION #448 - CUP 80-22 APPEAL APPLICATION #449 - EX 80-47 1222 E. FIRST STREET CA INSTRUCTED The Vice Mayor announced that this was the time and place for the public hearing of Appeal Application No. 448, filed by Atlantic Richfield Co., appeal- ing the Planning Commission's denial of CUP 80-22, to allow modification of an existing service station to include a retail mini-market, and Appeal Application No. 449, filed by Atlantic Richfield Co., appealing the Planning Commission's denial of EX 80-47, to allow off-sale beer and wine in a proposed convenience market within an existing service station, all for property located at 1222 E. First Street. The Chief of Planning and Zoning presented the staff report and recommenda- tions. The Clerk of the Council reported a written communication in the form of a petition containing approximately 250 signatures in favor of the appeals. Wallace R. Davis, 540 N. Golden Circle Drive, spoke in favor of the appeals. Dick Horton, 100 S. Hathaway, spoke against the appeals. Emma Leone presented a petition containing approximately 85 signatures against the appeals. There were no other speakers on the subject. The Vice Mayor closed the public hearing. Following discussion, MOTION was made by Markel, seconded by McGuigan, to deny the appeals. Motion failed on the following vote: AYES: NOES: ABSENT: McGuigan Acosta, Griset, Luxembourger, Markel, Serrato Bricken MOTION was then made by Acosta, seconded by Serrato, to receive and file the Negative Declaration and instruct the City Attorney to: 1) Prepare a resolution granting Appeal No. 448, approving CUP 80-22 subject to staff's recommendations, and overruling the decision of the Planning Commission; and CA 13.4 2) Prepare a resolution granting Appeal No. 449, approving EX 80-47, and overruling the decision of the Planning Commission. CA 13.5 MOTION was made by Griset, seconded by Serrato, to amend the motion to include deletion of the limitation of operating hours as set forth in the staff report, Motion to amend passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CITY COUNCIL MINUTES 249 AUGUST 3, 1981 Original motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, Serrato McGuigan Bricken PUBLIC HEARING - AMEND. APP. #856 The Vice Mayor announced that this So SIDE OF MONTE VISTA AVE. was the time and place for the ORD. NO. NS-1594 - 1ST READING public hearing of Amendment Applica- & PUBLICATION OF TITLE tion No. 856, filed by Thompson Construction Co., to rezone property located on the south side of Monte Vista Street, between Sullivan Street and Golden West Avenue, from the R1 to the R2 District. The Chief of Planning and Zoning presented the staff report and recommenda- tions. The Clerk of the Council reported there were no written communications. There were no speakers on the matter. The Vice Mayor closed the public hearing. MOTION was made by Serrato, seconded by Acosta, to approve and file the Negative Declaration, and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1594 - AN ORDINANCE OF THE CITY OF SANTA ANA TO APPROVE AMENDMENT APPLICATION NO. 856 TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF MONTE VISTA AVENUE EAST OF SULLIVAN STREET FROM THE R1 (SINGLE-FAMILY RESIDENCE) DISTRICT TO THE R2 (MULTIPLE- FAMILY RESIDENCE) DISTRICT AND AMENDING SECTIONAL MAP NO. 14-5-10. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 10 PUBLIC HEARING - AMEND. APP. #857 The Vice Mayor announced that 1624 W. STANFORD STREET - ORD. NO. this was the time and place for NS-1595 - 1ST READING AND the public hearing of Amendment PUBLICATION OF TITLE Application No. 857, filed by Lou Hislop to rezone property located at 1624 W. Stanford Street, from the A1 to the R2 District. The Chief of Planning and Zoning presented the staff report and recommenda- tions. The Clerk of the Council reported there were no written communications. There were no speakers on the subject. The Vice Mayor closed the public hearing. MOTION was made by Serrato, seconded by Markel, to approve and file the Negative Declaration and to place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1595 - AN ORDINANCE OF THE CITY OF SANTA ANA TO APPROVE AMENDMENT APPLICATION NO. 857 TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF STANFORD STREET WEST OF PACIFIC AVENUE FROM THE A1 DISTRICT TO THE R2 DISTRICT AND AMENDING SECTIONAL MAP NO. 23-5-10. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 10 CITY COUNCIL MINUTES 250 AUGUST 3, 1981 AGENDA ORDER 1981-91 CAPITAL IMPROVEMENT PROGRAM - APPROVED questions posed by Council. The City Manager presented an overview of the proposed Capital Improvement Program for the 1981- 1991 time frame, and answered Following discussion, MOTION was made by Serrato, seconded by Acosta, to approve the 1981-1991 Capital Improvement Program as recommended by the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 65A RES. NO. 81-126 - WEED ABATEMENT - ADOPTED speakers on the subject. The Vice Mayor asked if there was anyone present who wished to address the subject of weed abatement. There were no MOTION was made by Griset, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 81-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS PERTAINING TO THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT; MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 11 WITHDRAWAL BY CITY OF CHINO Following consideration of a FROM INTER-CO. AIRPORT AUTH. letter dated July 20, 1981, CA INSTRUCTED from David L. Brandt, Chairman, Inter-County Airport Authority, requesting Council action regarding the proposed withdrawal by the City of Chino from the Joint Powers Agreement and Inter-County Airport Authority, MOTION was made by Serrato, seconded by Acosta, to instruct the City Attorney to prepare the appropriate resolution supporting the withdrawal by the City of Chino from the Joint Powers Agreement and Inter-County Airport Authority. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 98.2 SB493 RE: BOLSA CHICA Following consideration of a letter SUPPORTED dated July 24, 1981, from Stewart Case, Executive Secretary, Citizens for Ocean Access and Recreation, requesting support of SB493 making Bolsa Chica accessible for boating and public recreational purposes, MOTION was made by Markel, seconded by Serrato, to render support of SB493. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None ~'2-' Bricken CA-~)~):~"2 CITY COUNCIL MINUTES 251 AUGUST 3, 1981 CDBG CITIZEN PART. PLAN APPROVED pation Plan. Following discussion, MOTION was made by Serrato, seconded by Acosta, to approve the Community Develop- ment Block Grant Citizen Partici- Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 140.20 SO. ORANGE CO. TO L.A. MOTION was made by Griset, COMMUTER RAIL REPORT seconded by Serrato, to approve APPROVED) MAYOR AUTHORIZED the South Orange County to Los Angeles Commuter Rail Report as prepared by CalTrans; and authorize the Mayor to encourage CalTrans, Amtrak, and Sante Fe to commence commuter rail operations as soon as possible at the Santa Ana Station. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 84.6 ORAL COMMUNICATIONS Councilmember Griset reminded COUNCILMEMBERS Council that September 3 is the deadline for submission of resolutions to the League of Cities conference scheduled for October in San Francisco. He suggested a study session discussion re- garding the issue of signs, and requested a summary report on the Civic Center Master Plan update. Councilmember Acosta brought up the problem of the Immigration and Natural- ization Services office on 17th Street, stating he would like a progress report. Councilmember Serrato presented a letter to Council regarding the problem of the unsanitary condition of the ditch at Raitt and St. Andrews. He requested a time frame as to when this situation would be alleviated. Serrato requested that the residents of Kono Kai Mobile Home Park be contacted and informed of what actions the City is taking regarding the unsanitary conditions previously reported to Council. He requested that the situation of overcharges for weed abatement be reported to Council by August 17, 1981. Serrato further requested a report on the graffitti program in four to six weeks. Councilmember Markel requested a status report on the French Park Historical District. Vice Mayor Luxembourger urged that Council express its appreciation to the Fire Department for the excellent Class II rating retained by the City. He further requested the City Manager to inform Council of his response to Linda Lau regarding the Bowers Museum. ADJOURNMENT At 11:15 p.m., by unanimous informal consent, Council adjourned to Monday, August 17, 1981, at 12:15 p.m., in Room 831, 20 Civic Center Plaza. ~Clerk or'il CITY COUNCIL MINUTES 252 AUGUST 3, 1981 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 17, 1981 At 12:15 p.m. the Assistant Clerk of the Council Nancy Byron Dean ad- journed the City Council meeting adjourned from August 17, 198~ to Room 831, City Hall, 20 Civic Center Plaza to Room 147, Council Chambers, 22 Civic Center Plaza. At 12:32 p.m. Mayor Bricken called the meeting to order in Room 147. Councilmembers present were John Acosta, Daniel E. Griset, Robert W. Luxembourger, J. Ogden Markel, Patricia A. McGuigan, Alfred C. Serrato and Mayor Gordon Bricken. Also present were City Attorney Edward J. Cooper, City Manager A. J. Wilson and Clerk of the Council Janice C. Guy, as well as members of the staff, the City's cable TV consultant, and representatives of cable TV companies. CATV QUESTIONS Following a brief review by the City APPROVED AS AMENDED Manager of the formulation process CM INSTRUCTED for additional questions concerning the proposed CATV franchise for the City, the Council discussed the questions contained under the Programming section contained in the report dated August 3, 1981, prepared by the City Manager entitled "Report from CATV Technical Advisory Committee." The questions contained in Section B.I. were informally approved; B.II.2, B.II.3, and B.III. deleted; and several other questions amended, including those in other sections, so as to eliminate opportunities for the respond- ents to the proposals to significantly alter their proposals. Following further discussion, MOTION was made by Acosta, seconded by Serrato, that the questions as amended be adopted, and the City Manager directed to transmit said questions to the appropriate CATV firms for responses. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None Discussion then ensued on the time frame for subsequent actions relative to franchisee selection. The City Manager was requested to provide: 1) a milestone chart of all necessary actions, 2) a report on the proce- dures used in making the evaluation of responses by the CATV firms to the additional questions, and 3) a voting process for the Council to make its final selection. The City Manager stated that responses from the CATV firms would be provided to Councilmembers. CA 130.4 ADJOURNMENT The Mayor declared the meeting ad- journed at 1:43 p.m. ~J~nice C. Guy ~lerk of the Council CITY COUNCIL MINUTES 253 AUGUST 17, 1981