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Home My WebLink About09-08-1981 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 8, 1981 At 2:00 p.m. the regular meeting of the Santa Aha City Council was ad- journed by Deputy Clerk of the Council Cindy Guerra to Room 831, 20 Civic Center Plaza. The meeting was called to order by Mayor Bricken at 2:02 p.m., in Room 831. Councilmembers present were John Acosta, Daniel E. Griset, R. W. Luxembourger, J. Ogden Markel, Patricia A. McGuigan, Alfred C. Serrato, and Mayor Gordon Bricken. Also present were City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Assistant Clerk of the Council Nancy B. Dean. The meeting immediately recessed to Executive Session. The meeting reconvened at 3:25 p.m., in the City Council Chambers, 22 Civic Center Plaza, with all members present with the exception of Councilmember Acosta. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Mayor Bricken. CONSENT CALENDAR ITEMS REMOVED by Luxembourger on Item 5F. The following items were removed from the Consent Calendar: 2A, 3, 16B, 16C, 18, 19A, 19B(1), and 19C. A "NO" vote was registered CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED MOTION was made by Griset, seconded by Serrato, to approve the staff recommendations on the following Consent Calendar items: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None Acosta MINUTES Approved the Minutes of the Adjourned Regular Meeting of August 17, 1981; the Regular Meeting of August 17, lg81; and the Adjourned Regular Meeting of August 27, 1981. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 6167 -Alona Park Automatic Irrigation System (Phase II) - Recreation & Parks/Community Services. PROJECT 72238 - Widening Euclid Street from Edinger Avenue to First Street - Public Works. PROJECT 72580 - Curb and Sidewalk Reconstruction - Eastside and McFadden Edinger Association of Neigh- bors Neighborhoods - Public Works. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff reports on the following: ORTEGA, Jesus & Adan, 224 N. Broadway - Person-to- person Transfer Type "20" Off-sale Beer & Wine. LUASES, Mario A. & ASTORGA, Julie C., 2034 S. Main - Person-to-person Transfer Type "20" Off-sale Beer & Wine. CITY COUNCIL MINUTES 273 SEPTEMBER 8, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued NAGABAYASHI, Eiji, Kunio, & Sadako, 2302 S. Broadway - Person-to-person Transfer Type "41" On-sale Beer & Wine, Public Eating Place. NATIONAL BROKERAGE OF CALIFORNIA, INC., 2024 N. Broadway, #109, Original Type "16", Wine Broker. SOUTHLAND CORPORATION, 902 W. Edinger, Person-to- person Transfer Type "20" Off-sale Beer & Wine. CA 146 K-MART CORPORATION, 1400 W. Edinger, Original Type "20" Off-sale Beer & Wine. PROTEST: Minor excep- tion required - Planning. (Luxembourger registered a "NO" vote). CA 146.1 BOU, Jung J. & Eugene C., 1711W. 5th Street, Person-to-person Transfer Type "20" Off-sale Beer & Wine. HATTEN, John H. & LOPEZ, Christopher J., 1400 W. McFadden, #5, Person-to-person Transfer Type "41" On-sale Beer & Wine, Public Eating Place. BAKER, Arthur L. & Judith M., 605 S. Harbor Boule- vard, Person-to-person Transfer Type "47" On-sale General, Public Eating Place. CA 146 WALTER, David & Joyce, 2211E. 17th Street - Original Type "20" Off-sale Beer & Wine. PROTEST: Minor exception required - Planning. CA 146.1 DEEDS WITH CASH GRANTEE CITY Approved the following deeds and authorized execution of all necessary documents in connection with purchases by the Mayor and Clerk: CARRANZA, Antonio, East of Euclid St. and south of Sixteenth; street purposes. RODRIGUEZ, Benjamin H., Rosie S., and Rudolph, East of Euclid St. and north of Hazard; street purposes. CA 155 DEED WITH NO CASH GRANTOR CITY Authorized execution of the following deed by Mayor and Clerk: COMMUNITY REDEVELOPMENT AGENCY OF SANTA ANA, North of Roe Dr. and west of Main; extinguish Santa Ana Valley Irrigation easement. CA 155 AGREEMENTS Approved the following agreements and authorized their execution by the Mayor and Clerk: SANTA ANA MAJOR DIVERSION PROGRAM - Contract amend- ment between City and County of Orange to provide continued funding of Santa Aha Major Diversion Program. A-81-79 CENTENNIAL REGIONAL PARK ANNUAL MAINTENANCE - Between the City and Environmental Care, Inc. for approval of second extension of existing contract for the period from October 1, 1981, to September 30, 1982, in the amount of $79,403.50. A-81-81 ENGINEERING SERVICES FOR EQUIPPING WELL #29 - PROJECT 7139 - Between the City and David Boyle Engineering for engineering services for equipping Well No. 29 at First and Flower Streets with new pump and appurtances. A-81-83 CITY COUNCIL MINUTES 274 SEPTEMBER 8, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BOARDS, COMMISSIONS, AND COMMITTEES Appointed the following: John Coil - At-large representative (professional) to the Uniform Code Appeals Board; for a term expir- ing June 30, 1982. James E. Noe - At-large representative (professional) to the Uniform Code Appeals Board; for a term expir- ing June 30, 1983. John Garthe - At-large representative (professional) to the Uniform Code Appeals Board; for a term expir- ing June 30, 1984. John W. Hill - At-large representative (professional) to the Uniform Code Appeals Board; for a term expir- ing June 30, 1985. Doy Henley - At-large representative (professional) to the Uniform Code Appeals Board; for a term expir- ing June 30, 1982. Pete Major - At-large representative to the Uniform Code Appeals Board; for a term expiring June 30, 1983. Hal Thomas - At-large representative to Cultural Heritage Evaluation Committee; for first term expir- ing June 30, 1982. Anthony J. Dalessi - School District representative to Recreation & Parks Board; for first term expiring June 30, 1985 (replacing Ivan McKinney). Sarah J, Shaw - Ward 5 representative to Human Rela- tions Commission/Housing Commission; to fill an unexpired term ending August 1, 1982 (replacing Francisco Fernandez). Velma Bettis - Human Relations/Housing Commission Representative to the Transportation Advisory Committee; for partial term expiring December 31, 1982 (replacing Alfred Kutsch). CA 80.9 UNINVESTIGATED LIABILITY CLAIMS Referred to administration, claims received from August 8, 1981 through August 28, 1981. CA 65.7 COUNCIL REFERRAL SUMMARY Received and filed report; deleted items as recommended therein. CA 80.2 REPORTS TO FILE Received and filed the following: PROCLAMATION REPORT CA 46 CONTINUED ITEMS Continued the following to September 21, 1981: REVIEW OF RFP PROCEDURES (Council Referral No. CR 81-20) CA 89.1 PROJECT 5070/8373 - Santa Ana Computerized Traffic Signal Control System - Change Order No. 1 Supple- ment; increasing in amount of $46,094.15 (5.44%). CA 89 FLOOD CONTROL CHANNEL - RAITT & ST. ANDREWS (Council Referral No. CR 81-24) CA 99.3 CITY COUNCIL MINUTES 275 SEPTEMBER 8, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued SUMMARY VACATION OF AN Authorized Mayor and Clerk to ALLEY N OF CIVIC CENTER execute quitclaim deed releasing BETWEEN PARTON & GARNSEY any and all rights the City might have in an alley north of Civic Center Drive between Parton and Garnsey. CA 155 BICYCLE & PED. FACILITIES Authorized the Director of Trans- PROG. - GRANT APPLICATION portation to submit a grant applica- FOR SB 821 FUNDING tion to the Orange County Transpor- tation Commission for $45,027 under SB 821 Bicycle and Pedestrian Facilities Program of the Transportation Development Act. CA 18.6 CA 84.3 O.C. CITIES EMERGENCY MANAGEMENT ORGANIZATION Approved the following: 1) Authorize Mayor and Clerk to execute an agree- ment between the City and Orange County-Cities Emergency Management Organization to provide a working method for coordination and cooperation between concerned entities in times of disaster or emergency; and A-81-80 2) Authorize designation of the position of Coor- dinator, City Manager's Office, as the City representative to the organization. CA 50 BUDGET EXPENDITURE FOR Approved payment from the Civic ADM. OF CIVIC CENTER Center Parking/Maintenance Fund in MAINTENANCE AGREEMENT the amount of $30,000 for Civic Center Maintenance agreement admini- stration for fiscal year 1981-82. CA 77 * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * BID CALL SPEC 81-020 APPROVED on the following: MOTION was made by McGuigan, seconded by Serrato, to approve plans and specifications and authorize advertisement for bids SPEC 81-020 - Annual Custodial Maintenance of Recreation Centers - Recreation & Parks/Community Services. (Agenda Item 2A) AYES: NOES: ABSENT: Bricken, Griset, Serrato None Acosta Luxembourger, Markel, McGuigan, CA 89 BID AWARD PROJECTS 8398 & 8399 APPROVED MOTION was made by Griset, seconded by Serrato, to award the following in accordance with summary of bid report submitted: PROJECTS 8398 & 8399 - Resurfacing Main Street from 17th Street to Santa Ana Freeway; from Santa Ana Freeway to 130' north of Owens Drive - Transporta- tion; awarded to All American Asphalt, Inc., in the amount of $138,482.80. (Agenda Item 3) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None Acosta CA 89 Councilmember Acosta joined the meeting at 3:31 pom. CITY COUNCIL MINUTES 276 SEPTEMBER 8, 1981 COMPUTER TRAFFIC SIGNALIZATION PROGRAM- RECEIVED & FILED MOTION was made by Griset, seconded by Luxembourger, to receive and file the following: COMPUTER TRAFFIC SIGNALIZATION PROGRAM REPORT (Council Referral No. CR 81-25) (Agenda Item 16B) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 84.3 GRAFFITI REMOVAL The City Manager gave a slide PROGRAM REPORT - presentation showing the par- RECEIVED & FILED ticipation by Santa Aha youths in helping to eliminate graffiti in the City of Santa Ana. Following the presentation, MOTION was made by Serrato, seconded by McGuigan, to receive and file the following: GRAFFITI REMOVAL PROGRAM REPORT (Agenda Item 16C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 78 AGENDA ORDER REQUEST FOR FUNDING FOR LEGAL SERVICES CORP. - REFERRED TO CA MOTION was made by McGuigan, seconded by Luxembourger, to refer the following to the City Attorney: REQUEST FOR SUPPORT OF REAUTHORIZATION OF FUNDING FOR LEGAL SERVICES CORPORATION (Agenda Item 19A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 9.4 AGENDA ORDER SUMMARY VACATION OF AN ALLEY N OF CIVIC CENTER BETWEEN PARTON & GARNSEY RES. 81-144 - ADOPTED MOTION was made by Griset, seconded by Luxembourger, to adopt the following resolution pertaining to the summary vaca- tion of an alley north of Civic Center Drive between Patton and Garnsey: RESOLUTION NO. 81-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PUBLIC ALLEY GENERALLY LOCATED BETWEEN GARNSEY AND PARTON STREETS IN THE CITY OF SANTA ANA, CALIFORNIA; DESCRIBING SAID ALLEY; AND DIRECTING THE CLERK OF THE COUNCIL TO CAUSE A CERTIFIED COPY OF THIS RESO- LUTION TO BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE. (Agenda Item 19B-1) AYES: NOES: ABSENT: Acosta, Bricken, Griset, McGuigan, Serrato None None Luxembourger, Markel, CA 14 AGENDA ORDER PETITION - RELOCATION OF BLOCK WALL CROSSING HELIOTROPE N OF 17TH - SET FOR PUBLIC HEARING MOTION was made by Luxembourger, seconded by Acosta, to set the following for public hearing on October 5, lg81, at 7:30 p.m, and direct staff to notify par- ties of interest: CITY COUNCIL MINUTES 277 SEPTEMBER 8, 1981 PETITION - RELOCATION OF BLOCK WALL CROSSING HELIOTROPE DR. N. OF 17TH ST. (Agenda Item 18) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 99 PUBLIC TECH., INC. MEMBERSHIP RENEWAL CONTINUED By unanimous informal consent, the following item was continued to later in the meeting: PUBLIC TECHNOLOGY, INC. MEMBERSHIP RENEWAL (Agenda Item 19C) CA 79 ORD. NS-1593 - REGULATING ESCORT BUREAUS & INTRODUC- TORY SERVICES - 2ND READ- ING & ADOPTED MOTION was made by Markel, seconded by Griset, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1593 - 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. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 47 ORD. NS-1596 - ESTABLISH- ING UNIF. CODE APPEALS 8D. 2ND READING & ADOPTED MOTION was made by Serrato, seconded by Griset, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1596 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING DIVISION 4 TO ARTICLE IV OF CHAPTER 2 ESTAB- LISHING A UNIFORM CODE APPEALS BOARD; ADDING SECTIONS 8-90.1, 8-392, 8-557, 8-1162, 14-2, AND AMENDING SECTIONS 8-206 AND 8-1904 THERETO, RELATING TO APPEALS TO BE HEARD BY SAID UNIFORM APPEALS BOARD. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 80.9 ORD. NS-1597 - LICENSING PRIOR TO FINAL INSPECTION 2ND READING & ADOPTED MOTION was made by Serrato, seconded by Griset, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1597 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 8-2 TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE REQUIRING COMPLIANCE WITH LICENSING PROVISION OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PRIOR TO FINAL INSPECTION FOR WORK OR SERVICE ON A PROJECT FOR WHICH FINAL INSPECTION IS REQUIRED. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 65.6 CITY COUNCIL MINUTES 278 SEPTEMBER 8, 1981 ORD. NS-1598 - EARTH- Councilmember Serrato requested QUAKE HAZARD REDUCTION a report on Earthquake Hazard 2ND READING & ADOPTED Reduction comparing City and State standards, and asked that said request be placed on the Council Referral Summary. Followin9 discus- sion, MOTION was made by Serrato, seconded by Luxembourger, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1598 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-2002, 8-2004, 8-2006 OF, AND ADDING SECTION 8-2004.5 TO, ARTICLE XI OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE, PERTAIN- ING TO EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 87 CA 78.3h AGENDA ORDER The City Manager explained the PUBLIC TECH., INC. benefits derived from retaining MEMBERSHIP RENEWAL membership in Public Technology, APPROVED Inc. Following discussion, MOTION was made by Serrato, seconded by Acosta, to approve payment of $6,000 membership fee for Public Technology, Inc. for the period October 1, 1981, through September 30, 1982. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembour9er, McGuigan, Serrato None Markel CA 79 EXECUTIVE SESSION The Council recessed to Executive Session at 4:13 pom. and recon- vened at 5:26 p.m. with all mem- bers present. AGENDA ORDER GRAND & WAKEHAM - TRAFFIC STUDY APPROVED MOTION was made by Luxembourger, seconded by Markel, to approve the following recommendations pertaining to the Grand and Wake- ham Traffic Study: 1) Place traffic signal at Grand and Wakeham in overall City priority list, and install as funding becomes available and; 2) Defer consideration of installation of a median island in Grand Avenue until such time as acci- dents or traffic increases indicate necessity for such installation. Bob Ray, 830 S. Grand Avenue, spoke regarding the proposed traffic study for Grand and Wakeham. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembouger, Markel, McGuigan None Serrato CA 18.11 AGENDA ORDER THIRD STREET CHANNELIZATION DOWNTOWN PARKING - STAFF DIRECTED The following people spoke on the necessity of additional parking for their businesses: Robert L. Thompson, 305 N. Main Street Lewis R. Olivos, 307 N. Spurgeon Street Tony Miranda, 209 N. Main Street CITY COUNCIL MINUTES 279 SEPTEMBER 8, 1981 Following discussion, MOTION was made by Luxembourger, seconded by Markel, to approve the following recommendation contained in the Third Street Channelization Downtown Parking Report on condition that additional park- ing spaces be provided on Third Street east of Main Street, and additional parking between Spur§eon and French be investigated: Provide interim short-term parking spaces and commercial loading zones on Third Street according to the compromise developed between staff and local business representatives, and redo the channelization between Birch and Spurgeon to accommodate parked vehicles. Motion ~assed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 82.8 ORAL COMMUNICATION RICHARD HOTALING RE: DRAINAGE ASSESSMTo FEE REFERRED TO CA Richard Hotaling, 920 E. Santa Ana Blvd., requested a waiver of a drainage assessment fee for a leased temporary building located at 616 N. Santiago Street. Following discussion, MOTION was made by Serrato, seconded by Acosta, to refer the matter to the City Attorney. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 70 ORAL COMMUNICATION Bonnie G. Habis, 1643 S. Humor BONNIE G. HABIS RE: Dr., inquired as to the proper PUSH CART BUSINESS procedures to obtain a business REFERRED TO CA license for a push cart business. Following discussion, MOTION was made by Luxembourger, seconded by McGuigan, to refer the matter to the City Attorney. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 65.6 REMAINDER OF AFTERNOON ITEMS - CONT'D TO EVENING SESSION By unanimous informal consent, the remaining afternoon agenda items were continued to the the evening session. RECESS The Council recessed to dinner at 6:00 p.m. with members of the Personnel Board at Reuben's Restaurant, 1513 N. Tustin Ave., Santa Aha. CITY COUNCIL MINUTES 280 SEPTEMBER 8, 1981 The meeting was reconvened in the Council Chambers at 8:08 p.m., with all members present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Dr. Tandy Sullivan, First Baptist Church of Santa Ana. PROCLAMATION Vice Mayor Luxembourger presented "STREET FAIRE DAYS" a proclamation to Connie Major proclaiming October 9, 10, and 11, 1981, as "Old Towne Street Faire Days" in the City of Santa Aha. Ms. Major thanked Councilmembers and invited them to attend the festivities. CA 46 OATH OF OFFICE The Assistant Clerk of the Council HAL THOMAS - CULTURAL HERITAGE COMM. administered the Oath of Office ANTHONY DALESSI - REC & PARKS BD. to Hal Thomas, newly appointed at-large representative to the Cultural Heritage Evaluation Committee, and Anthony Dalessi, newly appointed School District representative to the Recreation and Parks Board. Council welcomed Mr. Thomas and Mr. Dalessi. CA 80.9 PUBLIC HEARING - APPEAL The Mayor announced that this was APPLICATION #450 - CUP 81-8; the time and place for the public APPEAL APPLICATION #451 - VA 81-12 hearing of Appeal Application No. 1510 FAIRHAVEN AVENUE 450, filed by Lake Park North/ Santa Ana Partners appealing the Planning Commission's denial of CUP 81-8 to allow development of a mobile home park at 1510 Fairhaven Avenue in the A1 District, and Appeal Application No. 451, filed by Lake Park North/Santa Ana Partners appealing the Planning Commission's denial of VA 81-12 to waive the minimum lot size area and trash enclosures for development of a mobile home park at 1510 Fairhaven Avenue in the A1 District. The Chief of Planning and Zoning presented the staff report and recommenda- tions, and gave a slide presentation regarding the area in question. The Assistant Clerk of the Council reported several written communications and petitions showing 322 signatures in favor of the appeal and 859 signa- tures against the appeal. She also reported a written communication from the Cultural Heritage Evaluation Committee regarding the Maag House which is currently located on the property, requesting that consideration be given to preserving the historic home at its current site. MOTION made by Acosta, seconded by McGuigan, to receive and file the written communications and petitions, passed on the following vote: AYES: Acosta, Bricken, Griset, McGuigan, Serrato NOES: None ABSENT: None Luxembourger, Markel, The following persons spoke in favor of the appeals: Robert Wright, 2013 Heliotrope Ed Evans, 3372 Gilbert Drive, Huntington Beach Bruce Lewis, 3104 Ashwood, Orange Gary Pomroy, Corona Del Mar George Fulton, 507 Stone Canyon Avenue, Yorba Linda Jack Hutter, 1505 E. Franzen Mildred Browning, 2535 Valencia Reilly Marquis, 1413 E. 18th Street The following persons spoke against the appeals: Gerald Wolf, 1418 E. Grovement Council recessed at 9:10 p.m., and reconvened at 9:25 p.m., with all members present. CITY COUNCIL MINUTES 281 SEPTEMBER 8, 1981 AGENDA ORDER - APPEAL Following consideration of a APPLICATION #452 - EX 81-20 letter dated September 8, 1981, 1340 W. FIRST STREET from Rick A. Blake, attorney CONTINUED TO 10/5/81 for the appellant, requesting that Appeal Application No. 452 be continued. MOTION made by Luxembourger, seconded by Acosta, to con- tinue Appeal Application No. 452 to October 5, 1981, passed on the follow- ing vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel McGuigan, Serrato None None CA 13.5 AGENDA ORDER - APPEAL A request was made by the APPLICATION #456 - CUP 81-6 appellant, Stewart Roth, to 750 E. DYER ROAD continue Appeal Application CONTINUED TO 10/5/81 No. 456. MOTION made by Luxembourger, seconded by Acosta, to continue Appeal Application No. 456 to October 5, 1981, passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel McGuigan, Serrato None None CA 13.4 CONTINUATION OF PUBLIC HEARING - APPEAL APPLICATION #450 - CUP 81-8; APPEAL APPLICATION #451 - VA 81-12 1510 FAIRHAVEN AVENUE Gerald Wolf continued with his discussion regarding oppo- sition to Appeal Application No. 450 and Appeal Application No. 451. The following persons spoke in opposition to the appeals: Frank Parker, 2509 N. Linwood Thomas Flynn, 2614 N. Tustin Dorothy Newhouse, 1622 E. Clemensen John Bray, 1630 E. Clemensen Mark Hull-Richter, 2605 Linwood Janice Elridge, 1610 E. Franzen Ed Evans spoke in rebuttal to those against the appeals, Gerald Wolf spoke in rebuttal to Ed Evans. RECESS EXECUTIVE SESSION RECONVENED Council recessed to Executive Session at 10:12 p.m., and reconvened at 10:27 p.m. with all members present. AGENDA ORDER - APPEAL A request was made on behalf APPLICATION #455 - EX 81-25 of the appellant to continue 2137 W. FIRST STREET Appeal Application No. 455 to CONTINUED TO 10/5/81 October 5, 1981. MOTION made by Acosta, seconded by Luxembourger, to continue Appeal Application No. 455 to October 5, 1981, passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel McGuigan, Serrato None None CA 13.5 CONTINUATION OF PUBLIC HEARING - APPEAL APPLICATION #450 - CUP 81-8; APPEAL APPLICATION #451 - VA 81-12 1510 FAIRHAVEN AVENUE CA INSTRUCTED Norman Howard, 1513 addressed Council regarding the appeals. There were no other speakers on the matter. The Mayor closed the public hearing. CITY COUNCIL MINUTES 282 SEPTEMBER 8, 1981 Additional comments and information were given by the City Manager, the Chief of Planning and Zoning, and Assistant City Manager Swanson. Following further discussion, MOTION was made by Griset, seconded by Markel, to approve and file the Negative Declaration, and instruct the City Attorney to prepare a resolution denying Appeal No. 450, denying CUP 81-8, and affirm- ing the decision of the Planning Commission. Vote was taken as follows: AYES: NOES: ABSENT: Bricken, Griset, Markel, McGuigan, Acosta, Luxembourger, Serrato None Councilmember McGuigan stated she had voted incorrectly and requested a revote. Motion FAILED on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Markel Acosta, Luxembourger, McGuigan, Serrato None MOTION was made by Acosta, seconded by Luxembourger, to approve and file the Negative Declaration, and instruct the City Attorney to prepare a resolution granting Appeal No. 450, approving CUP 81-8, and overruling the decision of the Planning Commission, with exceptions to the Findings of Fact as follows: delete the requirement of 50 feet of frontage on all homesites; delete the requirement that minimum homesite area be 6,000 square feet; delete setback requirements; delete the requirement of perm- anent foundations, and allow either garages or carports. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Luxembourger, McGuigan, Serrato Bricken, Griset, Markel None CA 13.4 MOTION was made by Acosta, seconded by Luxembourger, to consolidate testimony given on Appeal Application No. 450 and Appeal Application No. 451, and to approve and file the Negative Declaration, and instruct the City Attorney to prepare a resolution granting Appeal No. 451, approv- ing VA 81-12, and overruling the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Luxembourger, McGuigan, Serrato Bricken, Griset, Markel None CA 13.3 Council recessed at 11:45 p.m., and reconvened at 11:53 p.m., with all members present. PUBLIC HEARING - AMENDMENT The Mayor announced that this APPLICATION #858 - FRENCH PARK was the time and place for the HISTORIC DISTRICT public hearing of Amendment CONTINUED TO 9/21/81 Application No. 858, filed by the City of Santa Ana to rezone property known as the the French Park Historic District from the P and R3H Districts to the P-SD and R3H-SD Districts, and approve Interim Development Guidelines for said districts. The Chief of Planning and Zoning presented the staff report and recommenda- tions, and gave a slide presentation regarding the area in question. The Assistant Clerk of the Council reported a written communication from Douglas and Linda Neefe in favor of the amendment application. CITY COUNCIL MINUTES 283 SEPTEMBER 8, 1981 !1 I The following persons spoke in favor of the amendment application: Cissy Trace, 922 N. Lacy David Fraunfelder, 819 N. Spurgeon Chip Chaplain (no address given) Doug Neff (no address given) The following persons spoke in opposition to the amendment application: Don Lucin (no address given) John Yunken, 1141Castleby Lane Ralph Hartman, Wellington and Garfield Leticia Smith and John Michael, owners of property located at the southeast corner of loth and Bush Streets, stated they were not against the rezoning, but requested that area which included their property not be included as there was no building on the site. 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 continue consideration of Amendment Application No. 858 to September 21, 1981. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Oricken, Griset, Luxembourger, Markel McGuigan, Serrato None None Hal Thomas, member of the Cultural Heritage Evaluation Committee answered questions posed by Council regarding the rezoning. CA 85.1g PUBLIC HEARING - APPEAL APPLICATION #453 - VA 81-20 913 Eo SIXTH STREET CONTINUED TO 10/5/81 MOTION was made by Griset, seconded by Serrato, to continue Appeal Application No. 453 to October 5, 1981. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel MoGuigan, Serrato None None CA 13.3 PUBLIC HEARING - APPEAL The Mayor announced that this was APPLICATION #458 - CUP 81-14 the time and place for the public 2829 W. FIRST STREET hearing of Appeal Application No. CA INSTRUCTED 458, filed by United Brotherhood of Carpenters and Joiners of America, Union #1815, appealing the Planning Commission's denial of CUP 81-14, to allow use of a facility at 2829 Wo First Street for general n~etings, office use and a bingo facility. The Chief of Planning and Zoning presented the staff report and recommenda- tions. The Assistant Clerk of the Council reported a written communication in favor of the appeal and two petitions, one containing 38 signatures, and one containing 34 signatures, against the appeal. CITY COUNCIL MINUTES 284 SEPTEMBER 8, 1981 The following persons spoke in favor of the appeal: Steve Cobb, Union #1815 Richard Oliverio, 5260 Vista Montana, Yorba Linda Jay Walton, Santa Ana Chamber of Commerce Joe Graf, 13035 Acton Avenue, Poway John Amory (no address given) Jeff DeMello, 1237J Henderson Avenue, Sunnyvale Edward Redman, 2201W. LaVerne Phyllis Melton, Whittier The following persons spoke in opposition to the appeal: Dean Myers, 703 W. Washington Barbara Myers, 703 W. Washington 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 instruct the City Attorney to prepare a resolution granting Appeal No. 458, approving CUP 81-14, and overruling the decision of the Planning Commission, subject to establishing the property line wall height at 6 1/2 fto from highest finished grade; adding a one-year review clause; and requiring no Sunday night bingo games. Vote was recorded as follows: AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, McGuigan Acosta, Griset, Serrato None A revote was requested and motion FAILED on the following vote: AYES: NOES: ABSENT: Bricken, Luxembourger, McGuigan, Acosta, Griset, Markel, Serrato None Motion was made by Acosta, seconded by Serrato, to approve and file the Negative Declaration, and instruct the City Attorney to prepare a resolu- tion denying Appeal No. 458, denying CUP 81-14, and affirming the decision of the Planning Commission. Vote was recorded as follows: AYES: NOES: ABSENT: Acosta, Griset, Markel Bricken, Luxembourger, McGuigan, Serrato None A revote was requested and motion to deny passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Markel, Serrato Bricken, Luxembourger, McGuigan None CA 13.4 PUBLIC HEARING - APPEAL The Mayor announced that this was APPLICATION #454 - EX 81-27 the time and place for the public 414 N. EUCLID STREET hearing of Appeal Application No. CA INSTRUCTED 454, filed by CPL Investment, appealng the Zoning Administrator's denial of Minor Exception 81-27 to allow on and off-sale beer and wine in an existing combination restaurant/meat market, E1 Chivo, at 414 N. Euclid Street. The Chief of Planning and Zoning presented the staff report and recommenda- tions. The following persons spoke in favor of the appeal: Leonard Lawicki, E1Chivo Restaurant Jose Perez, E1Chivo Restaurant Esther Machaco Jose Silva CITY COUNCIL MINUTES 285 SEPTEMBER 8, 1981 The following persons spoke in opposition to the appeal: Pastor George Dunivent, 5218 W. Silver Drive Ernest Hammond, 4922 W. 5th Street There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, Motion was made by McGuigan, seconded by Griset, to approve and file the Notice of Exemption and instruct the City Attorney to prepare a resolution granting Appeal No. 454, approving EX 81-27, and overruling the decision of the Zoning Administrator. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Serrato Bricken, Markel None CA 13.5 REMAINDER OF AGENDA ITEMS CONTINUED TO 9/21/81 Motion was made by Acosta, seconded by McGuigan, to continue the remainder of the agenda items to September 21, 1981. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None WALK-ON ITEM - ORD. NS-1601 LAND USE RESTRICTIONS IN FLOOD CONTROL PROJECT 1ST READING & PUBLISH TITLE) SET FOR PUBLIC HEARING 9/21/81 Motion was made by Luxembourger, seconded by McGuigan, to place the following ordinance on first reading, authorize publication of title, and set for public hearing on September 21, 1981: ORDINANCE NO. NS-1601 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 7-9 TO THE SANTA ANA MUNI- CIPAL CODE TO APPLY REGULATORY FLOODWAY LAND USE RESTRICTIONS TO ALL LAND WITHIN THE BOUNDARIES OF THE SANTA ANA RIVER FEDERAL FLOOD CONTROL PROJECT. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 53 AGENDA ORDER RES. NO. 81-147 CORRECT CLERICAL ERROR IN RES. NO. 81-134 ADOPTED Motion was made by Acosta, seconded by McGuigan, to adopt the following resolution (from continued items above): RESOLUTION NO. 81-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CORRECTING A CLERICAL ERROR IN RESOLUTION NO. 81-134 PERTAINING TO THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 81-10. AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, Markel, McGuigan, Serrato Griset None CA 13.4 AGREEMENT RE: TRACT 10032 By way of action out of Executive MAYOR AUTHORIZED; Session, Motion was made by CLAIM RE: METRO. WATER Luxembour§er, seconded by McGuigan, CA AUTHORIZED to authorize the Mayor and Clerk to execute an agreement with Santa Barbara Savings and Loan and CTNC & Associates regarding Tract No. 11032. CITY COUNCIL MINUTES 286 SEPTEMBER 8, 1981 Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 24 Motion was made by Luxembourger, seconded by Acosta, to authorize the City Attorney to settle a claim against the City of Santa Ana by the Metropolitan Water District in the amount of $6,263.68. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 139 RECESS HOUSING AUTHORITY RECONVENE At 2:30 a.m., Council recessed to the Housing Authority and reconvened at 2:31 a.m. ADJOURNMENT By unanimous informal consent, meeting was adjourned at 2:32 a.m. CITY COUNCIL MINUTES 287 SEPTEMBER 8, 1981