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HomeMy WebLinkAbout10-05-1981MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 5, 1981 The meeting was called to order at 1:00 p.m. by Mayor Bricken in Room 147, Council Chambers, 22 Civic Center Plaza. Councilmembers present were Daniel E. Griset, 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 Clerk of the Council Janice C. Guy, as well as several members of the Recreation Parks, and Community Services Department. Councilmember R. W. Luxembourger arrived at 1:05 p.m. Coun- cilmember John Acosta was absent. WORK STUDY SESSION The City Manager gave a brief SANTA ANA ZOO overview of recent improvements at the Zoo. The Recreation Parks, and Community Services Director introduced Associate Zoo Curators Jack Lynch and Warnock McIwaine, and then proceeded with a slide presentation depicting the history, cur- rent status, and future plans for the Santa Ana Zoo. Councilmembers discussed their concerns relating to the Zoo including the need to gain additional financial support through such activities as in- creasing concession revenue and soliciting private contributions, security, and the revision of the Zoo Master Plan. The Director responded to Council's questions. CA 52.3 ADJOURNMENT At 1:49 p.m., the Mayor declared the meeting adjourned. CITY COUNCIL MINUTES 304 OCTOBER 5, 1981 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA October 5, 1981 The meeting was called to order by Mayor Bricken at 2:00 p.m., in the City Council Chambers, 22 Civic Center Plaza. Councilmembers present were John Acosta, Daniel Eo 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 Clerk of the Council Janice C. Guy. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilmember Luxembourger. RECESS HSG. AUTHORITY RECONVENED At 2:02 p.m., Council recessed to Housing Authority and reconvened at 2:13 p.m., with the same members present. CONSENT CALENDAR ITEMS REMOVED The following items were removed from the Consent Calendar: 2B, 2D, 3C, 4, 5C, 6B, iOA, 12C, 19A, and 19B. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED MOTION was made by McGuigan, seconded by Acosta, to approve the staff recom- mendations on the following Consent Calendar items: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MINUTES: Approved the Minutes of the Special Meeting of September 21, 1981. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: SPEC 81-024 o I Underground Piercing Tool - Public Works. PROJECT 6168 - Heritage Park Security Lighting - Rec., Parks & Community Services. CA 89 BID AWARDS Awarded the following in accordance with summary of bid report submitted: SPEC 81-031- 5 Motorcycles, Solo Police Enforcement Type - Police; awarded to Honda-Kawasaki-BMW, in the amount of $22,212,30. SPEC 81-033 - Two Paramedic Vans - Fire Department; awarded to Superior Trans-Med d.b.a. Stoner Ambulance Manufacturing Co., in the amount of $53,979.04. CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff reports on the following: FENG, Timothy, 302 W. First Street - Person-to-person Transfer Type 20 Off-sale Beer & Wine. TOTH, George W., Jr. & Yong Cha and LEE, Judy Hisook & Charles Hyungsup, 1314 N. Grand - Person-to-person Transfer Type 21 Off-sale General. CA 146 BUI, Tieu Trong & Lien Thi Kim, 4421W. First - Original Type 41 On-sale Beer & Wine, Public Eating Place. PROTEST: Minor Exception Required - Planning. CA 146.1 CITY COUNCIL MINUTES 305 OCTOBER 5, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued ANDERSON, Kenneth D., 3770 S. Bristol - Person-to-person Transfer Type 41 On-sale Beer & Wine, Public Eating Place. CA 146 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: ESQUEDA, Manuel Espinosa & Dolores R., east of Euclid Avenue and north of Sixteenth Street; street purposes. SURPLUS PROPERTY to transfer title: Declared the following property to be surplus to the City's needs, authorized sale by exchange, and authorized Mayor and Clerk to execute all necessary documents SPR 81-5 - One Parcel, north side of First Street, west of Lacy Street; appraised value $63,403.50. CA 45 VARIANCE - CONDITIONAL USE PERMIT Approved and filed Negative Declara- tions and Findings of Fact on the following: NEGATIVE DECLARATION & VA 81-25 - Filed by Keith Monroe to waive a portion of the landscaped street side yard for an office parking lot at 1428 N. Broadway in the P District. Staff Recommendation: Approval. APPROVED. CA 13 NEGATIVE DECLARATION & CUP 81-11 - Filed by Pacifica-Far-West States, Inc. to construct 14 residential condominiums at 2315- 2321W. Edinger Avenue in the C1 and R1 Districts to be rezoned to the R2-PRD District. Staff Recommendation: Approval. CA 13.1 FINAL TRACT MAPS Approved final maps; accepted the dedications thereon for the~follow- ing: TRACT MAP 11285 - South side of Fifth Street, west of Harbor Boulevard; I lot. CA 24 AGREEMENTS Approved the following agreements and authorized their execution by Mayor and Clerk: SANTA ANA DIVERSION PAYMENTS - Between City and County of Orange to sign the contract amendment to clarify funding terms for the Santa Ana Major Diversion Program. A-81-91 HEALTH SERVICE AGREEMENT - Between City and County of Orange to renew the health service agreement for the period of July 1, 1981, through June 30, 1986. A-81-90 RENEWAL OF SERVICES CONTRACT - Between City and Fair Housing Council of Orange County for counseling service. A-81-92 BOARDS, COMMISSIONS AND COMMITTEES Nominated the following: Nomination by Mayor Bricken for Ward I Representative to Human Relations/Housing Commission - Francisco F. Zamarripa for a term expiring August 1, 1985 (replacing A. H. Gallardo). Nomination by Serrato for at-large City representative to Uniform Code Appeals Board - James Tucker for a term expiring June 30, 1984. CA 80.9 CITY COUNCIL MINUTES 306 OCTOBER 5, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued UNINVESTIGATED LIABILITY CLAIMS Referred to administration, claims received from September 11, 1981, through September 25, 1981. CA 65.7 COUNCIL REFERRAL SUMMARY Received and filed report. CA 80.2 REPORTS TO FILE Received and filed the following: PROCLAMATION REPORT CA 46 NOTICE OF PUBLIC HEARING Set the following for public hearing on October 26, 1981, at 4:30 p.m., and directed staff to inform parties of interest: WATER RATE INCREASES FOR 1981-82 CA 12.2 VOTING DELEGATES Amended action taken on September 21, CA LEAGUE OF CITIES 1981, by designatin9 Councilmember Serrato as the delegate, and Council- member Griset as the alternate to the California League of Cities Conference in San Francisco. CA 148.1 * * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * BID CALL SPEC 81-031 APPROVED on the following: MOTION was made by Luxembourger, seconded by McGuigan, to approve plans and specifications and authorize advertisement for bids SPEC 81-037 - 1 Street Cleaning Machine - Transportation (Agenda Item 2B). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 89 BID CALL PROJECT 7294 APPROVED ment for bids on the following: MOTION was made by Acosta, seconded by Luxembourger, to approve plans and specifi- cations and authorize advertise- PROJECT 7294 - Jerome Center Chain Link Fence Construction - Recreation, Parks & Community Services (Agenda Item 2D). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 89 BID AWARD PROJECT 7140 APPROVED submitted: MOTION was made by Serrato, seconded by Acosta, to award the following in accordance with summary of bid report PROJECT 7140 - Annual Weed Abatement - Public Works; awarded to Edwin Webber, Inc., in the amount of $24,835.25 (Agenda Item 3C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 89 CITY COUNCIL MINUTES 307 OCTOBER 5, 1981 CHANGE ORDER PROJECT 9018 APPROVED MOTION was made by Acosta, seconded by Serrato, to approve the following change order: PROJECT 9018 - Repair of Telephone Duct Bank at East End of City Hall - Change Order No. 1; increasing in amount of $850.00 (9.0%) (Agenda Item 4). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATION URQUIZA - 805 S. MAIN RECEIVED & FILED Following discussion, MOTION was made by Acosta, seconded by Markel, to receive and file staff report on the following: URQUIZA, Ramiro B. & Olga B., 805 S. Main - Person-to- person Transfer Type 42 On-sale Beer & Wine, Public Premises (Agenda Item 5C). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan Serrato None CA 146 DEED WITH CASH MOTION was made by Acosta, GRANTEE CITY seconded by Serrato, to approve APPROVED the following deed and authorize execution of all necessary docu- ments in connection with purchase by Mayor and Clerk: GRAY, Donald R. & Joan M., northwest of First at Lacy Street; street purposes (Agenda Item 6B). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 155 FINAL TRACT MAP 10938 MOTION was made by Griset, APPROVED seconded by Acosta, to approve final map; accept the dedica- tions thereon; and the bonds in the amounts set; authorize execution of subdivision agreement by Mayor and Clerk on the following: TRACT MAP 10938 - West side of Main Street between Dyer Road and Columbine Avenue; 3 lots (Agenda Item iOA). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 24 AGREEMENT EMPLOYEES BENEFITS INS. RENEWAL APPROVED and Clerk: MOTION was made by Markel, seconded by Acosta, to approve the following agreement and authorize execution by Mayor EMPLOYEE BENEFITS INSURANCE RENEWALS - Between City and Lafayette Life Insurance Company for renewal and payment of renewal premiums on life and accidental death and dismemberment insurance, specific excess insurance, and aggregate excess insurance (Agenda Item 12C). AYES: Acosta, Bricken, Griset, McGuigan, Serrato NOES: None ABSENT: None Luxembourger, Markel, CA 88.80 88.85 CITY COUNCIL MINUTES 3O8 OCTOBER 5, 1981 SOUTH COAST PLAZA Following extensive discussion, AREA TRANS. STUDY MOTION was made by Serrato, APPROVED seconded by Luxembourger, to approve the comments and recom- mendations of the Director of Transportation in the memo dated July 27, 1981, regarding the South Coast Plaza Area Transportation Study prepared by Basmaciyan-Darnell, Inc. (Agenda Item 19A), Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Serrato, seconded by Acosta, to direct staff to proceed with implementation of the projects recommended for the City of Santa Ana with regard to the South Coast Area Transportation Study. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 84.3 WELLS FARGO CONV. PACE GAMEFIELD GRANT APPLICATION APPROVED Pace Gamefield Grant (Agenda Item 19B). MOTION was made by Markel, seconded by McGuigan, to approve submittal of an application for Wells Fargo Conversion AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 52 Council recessed at 3:16 p.m., and reconvened at 3:44 p.m., with all members present. ORD. NO. NS-1599 ASSESSMENT DIST. #246 2ND READING & ADOPTED MOTION was made by Luxembourger, seconded by McGuigan, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1599 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROVIDING FOR THE CONTRIBUTION FROM THE GENERAL FUND TOWARD THE COST OF IMPROVEMENTS TO BE CONSTRUCTED WITHIN ASSESSMENT DISTRICT NO. 246. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 90 ORD. NO. NS-1600 The Clerk of the Council reported FRENCH PARK HISTORIC DISTRICT receiving a petition from three 1ST READING & PUBLISH TITLE property owners in the affected area in favor of retaining the existing zoning, and a communication from Don Osen in opposition to the addition of the Specific Development suffix. Communications were received and filed by unanimous informal consent. Maureen Younkin, 1141Castlegate, addressed Council stating that she owned property which was part of the French Park Historic District and wished to remain out of the District. Hal Thomas, 206 W. 4th, answered questions posed by Council. Following discussion, MOTION was made by Griset, seconded by McGuigan, to place the following ordinance on first reading and authorize publication of title: CITY COUNCIL MINUTES 309 OCTOBER 5, 1981 ORDINANCE NO. NS-1600 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING PROPERTY IN THE "FRENCH PARK HISTORIC DISTRICT" FROM THE P (PROFESSIONAL) AND R3H (HIGH DENSITY-MULTIPLE FAMILY RESIDENTIAL) DISTRICTS TO THE P-SD AND R3H-SD (SPECIFIC DEVELOPMENT SUFFIX) DISTRICTS, AND AMENDING SECTIONAL DISTRICT MAP 7-5-9. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, McGuigan, Serrato Acosta, Markel None ORD. NO. NS-1602 REVISE OFF-STREET PARKING 1ST READING, PUBLISH TITLE & SET FOR PUBLIC HEARING on October 26, 1981: CA 85.1g MOTION was made by Acosta, seconded by McGuigan, to place the following ordinance on first reading, authorize publication of title, and set for public hearing ORDINANCE NO. NS-1602 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-614, 41-615, 41-617(i), 41-617(k), 41-617(1), AND 41-617(m) OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 41-616.5 AND 41-638.1 THERETO, TO REVISE THE OFF-STREET PARKING STANDARDS OF THE ZONING REGULATIONS. Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 18 AYES: NOES: ABSENT: ORD. NO. NS-1603 REGULATING LOITERING ET AL 1ST READING & PUBLISH TITLE MOTION was made by Acosta, seconded by McGuigan, to place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1603 - AN ORDINANCE OF THE CITY OF SANTA ANA REGULATING LOITERING AND OBSTRUCTING PASSAGE OF PERSONS ON PUBLIC PROPERTY AND PRIVATE PROPERTY OPEN TO PUBLIC USE. Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 99.3 AYES: NOES: ABSENT: Hal Thomas, 206 W. 4th, addressed Councilmembers and informed them of the importance of timely adoption of the designation of historical property for property located at 936 W. 18th Street. RES. NO. 81-157 HISTORICAL PROPERTY - 936 Wo 18TH ADOPTED MOTION was made by Griset, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 81-157 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING A CERTAIN BUILDING LOCATED AT 936 W. 18TH STREET AS HISTORICAL PROPERTY FOR INCLUSION IN THE CITY OF SANTA ANA REGISTER OF HISTORICAL PROPERTY. MOTION made by Markel to continue this item died for lack of a second. Motion passed on the following vote: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA AYES: NOES: ABSENT: 85.1g CITY COUNCIL MINUTES 310 OCTOBER 5, 1981 RES. NO. 81-162 AMEND GENERAL PLAN SET FOR PUBLIC HEARING MOTION was made by Luxembourger, seconded by Markel, to set the following resolution for public hearing on October 26, 1981: RESOLUTION NO. 81-162 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN BY REDESIGNATING 4.68 ACRES LOCATED ON THE SOUTH SIDE OF WESTMINSTER AVENUE AND WEST SIDE OF LA BONITA STREET, FROM THE LOW DENSITY RESIDENTIAL DESIGNATION TO THE HIGH DENSITY RESIDENTIAL DESIGNATION. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 78.3 CABLE TV Following discussion, by unanimous TIMETABLE informal consent, a Council meet- APPROVED ing was set for Thursday, October 15, 1981, at 3:30 p.m., 22 Civic Center Plaza, to proceed with the voting on the selection of a cable TV company for award of a franchise. CA 130.4 CABLE TV FRANCHISE Following discussion, by SELECTION PROCEDURE unanimous informal consent, the APPROVED selection procedure for award of a franchise for Cable TV pro- posed by the Mayor in the memo dated September 29, 1981, was approved with the modification that ties would be broken on the lowest tie vote, before proceeding with any further elimination of Companies from the running. CA 130.4 ORAL COMMUNICATIONS JULES KERKER RE: HANDICAPPED PARKING REFERRED TO STAFF in handicapped parking spaces. Jules Kerker, 15681 Primrose Lane, Westminster, addressed Council requesting City support in enforcing parking violations of unauthorized persons parking MOTION was made by McGuigan, seconded by Luxembourger, to refer the matter to staff, and to place on the Council Referral Summary for report back to Council. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 151.2 ORAL COMMUNICATIONS Walter Doxey and Joseph Longo, DOXEY & LONGO Investors Development Company, TRACT MAP 11500 addressed Council and requested APPROVED approval of their Tract Map No. 11500 for 1408 and 1414 N. Spurgeon. Staff assured Council that all requirements had been met by the developer and approval could be given at this time. MOTION was made by Luxembourger, seconded by Acosta, to approve Final Tract Map No. 11500. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 24 PROPERTY INSURANCE PROGRAM APPROVED The City Manager reviewed the new property insurance program. CITY COUNCIL MINUTES 311 OCTOBER 5, 1981 MOTION was made by Griset, seconded by Acosta, to approve implementation of the new City Property Insurance Program through Robert F. Driver Company, insurance brokers, effective November 1, 1981, through October 31, 1984, cancelling existing property policies effective November 1, 1981; and to approve payment of $44,034.00 budgeted funds for the first year's premiums and fees to Robert F. Driver Company. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 80.20 REMAINDER OF AFTERNOON AGENDA - CONT'D TO EVENING S~-~T(T~-~ By unanimous informal consent, the remainder of the afternoon agenda was continued to the evening session. RECESS Main Street, Santa Ana. At 5:18 p.m., Council recessed to dinner with the Recreation and Parks Board at Sombrero Street Restaurant, 719 N. The meeting was reconvened in the Council Chambers at 7:34 p.m., with all members present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegi- ance to the Flag, the Invocation was given by Reverend Robert Fambrini. SPECIAL PRESENTATION EARL WOOLDRIDGE the City of Santa Ana. Vice Mayor Luxembourger presented a City Seal Tile Plaque to retir- ing Police Officer Earl Wooldridge for over 25 years of service to Mayor Bricken presented a Certificate of Appreciation to Mr. Wooldridge. Officer Jim Rosoff also expressed his appreciation for Mr. Wooldridge's years of service. Mr. Wooldridge thanked Council and extended his ser- vices as a "retired cop". PROCLAMATION Councilmember Markel presented "DOMESTIC VIOLENCE AWARENESS WEEK" a proclamation to Alfred Kutsch, Human Relations/Housing Commis- sion, and Michele Walot, the Assistant Director of the Women's Transitional Living Center, proclaiming the week of October 12-18, 1981, as "Domestic Violence Awareness Week". CA 46 OATHS OF OFFICE JOHN COIL, JOHN GARTHE, DOY HENLEY, JOHN W. HILL, PETE MAJOR & JAMES E. NOE UNIFORM CODE APPEALS BOARD the Uniform Code Appeals Board. The Clerk of the Council admin- istered the Oaths of Office to John Coil, John Garthe, Doy Henley, John W. Hill, Pete Major, and James E. Noe, newly appoint- ed at-large representatives to Council welcomed the newly-appointed members to this Board. CA 80.9 COMMUNITY SPOTLIGHT Jake Alario, State Chairman, G.I. FORUM OF SANTA ANA American G.I. Forum, presented an overview of the activities of the Forum, explaining that the veterans' organization is composed of veterans primarily of Hispanic background, and that it has been in existence for over 33 years. He also stated that presently there are two chapters in Santa Ana and that the organization was closely associated with LULAC and Operation SER. Council- member Serrato presented Mr. Alario with a City Seal Tile Plaque in appre- ciation of the activities of the American G.I. Forum of Santa Ana. Mr. Alario thanked Council for the plaque. CA 9.3 CITY COUNCIL MINUTES 312 OCTOBER 5, 1981 PUBLIC HEARING - APPEAL NO. 444 The Mayor announced that this VA 80-75 - 3610 W. SEVENTEENTH ST. was the time and place for the CA INSTRUCTED public hearing of Appeal Appli- cation No. 444, filed by Bowers Tractor, Inc., appealing the Planning Commission's denial of Variance Application No. 80-75 to allow storage of heavy equipment and employees' parking in a vacated railroad right-of-way at 3610 W. 17th Street in the R1, R2 and N1 Districts. Planning Associate Robert Balen presented the staff report and recommenda- tions. The Clerk of the Council reported there were no written communications. Ray A. Bicknell, Representative from Bowers Tractor, Inc., spoke in favor of the appeal. Robert B. Ross, 3505 W. Boyer, spoke against the appeal. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Griset, seconded by McGuigan, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution denying Appeal No. 444, denying VA 80-75, and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan Markel, Serrato None CA 13.3 PUBLIC HEARING - APPEAL NO. 453 The Mayor announced that this VA 81-20 - 913 E. SIXTH ST. was the time and place for the CA INSTRUCTED public hearing of Appeal Appli- cation No. 453, filed by Ameri- can Concrete Cutting, Inc., appealing the Planning Commission's condition- al approval of Variance Application No. 81-20 to allow storage of vans and equipment, with the requirement of a 6-foot high, 6-inch wide solid masonry wall, at 913 E. Sixth Street in the R3H District. The Clerk of the Council reported a written communication from Duffy & Okazaki, Attorney for American Concrete Cutting, Inc., requesting that Section 7B(1)b of the staff's conditions also be included in the appeal. Planning Associate Balen presented the staff report and recommendations. James Okazaki, Attorney for American Concrete Cutting, Inc., spoke in favor of the appeal. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION made by Griset to approve and file the Nega- tive Declaration and instruct the City Attorney to prepare a resolution denying Appeal No. 453, approving the conditional approval of VA 81-20, and affirming the decision of the Planning Commission died for lack of a second. MOTION was made by Acosta, seconded by Markel, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolu- tion granting Appeal No. 453, approving VA 81-20, and overruling the decision of the Planning Commission, eliminating annual review require- ments, retaining the block wall condition, and substituting a bond in lieu of off-site improvements, with said improvements to be required when contigious parcel is developed. Motion FAILED on the following vote: CITY COUNCIL MINUTES 313 OCTOBER 5, 1981 AYES: NOES: ABSENT: Acosta, Markel, Serrato Bricken, Griset, Luxembourger, McGuigan None MOTION was made by Griset, seconded by McGuigan, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolu- tion denying Appeal No. 453, approving the conditional approval of VA 81-20, however eliminating annual review requirements, and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Markel, McGuigan Acosta, Luxembourger, Serrato None CA 13.3 Council recessed at 9:10 p.m., and reconvened at 9:25 p.m., with all mem- bers present. PUBLIC HEARING - APPEAL NO. 456 The Mayor announced that this CUP 81-6 - 750 E. DYER ROAD was the time and place for the CA INSTRUCTED public hearing of Appeal Appli- cation No. 456, filed by Stewart Roth Antiques appealing the Planning Commission's denial of Conditional Use Permit No. 81-6 to allow retail sales of antique furniture at 750 E. Dyer Road in the M2 District. The Clerk of the Council reported there were no written communications. Stewart Roth, 810 N. French Street, spoke in favor of the appeal request- ing that it be approved with a termination date of December 30, 1982. There were no other speakers on the matter. The Mayor closed the public hearing. MOTION was made by Griset, seconded by Serrato, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolu- tion denying Appeal No. 456, denying VA 81-6, and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Markel, McGuigan, Serrato Bricken, Luxembourger None CA 13.4 PUBLIC HEARING - APPEAL NO. 452 The Mayor announced that this EX 81-20 - 1340 W. FIRST ST. was the time and place for the CONT'D TO 11/2/81 public hearing of Appeal Appli- cation No. 452, filed by Jose and Eulogio Bonnilla appealing the Zoning Administrator's denial of Minor Exception No. 81-20 to allow off-sale beer and wine (Type "20" License) in an existing market in a retail center at 1340 W. First Street in the C1 District. At the request of Rick A. Blake, attorney for the applicant, MOTION was made by Acosta, seconded by Luxembourger, to continue the public hearing to November 2, 1981. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.5 CITY COUNCIL MINUTES 314 OCTOBER 5, 1981 PUBLIC HEARING - APPEAL NO. 455 The Mayor announced that this EX 81-25 - 2317 W. FIRST ST. was the time and place for the CONT'D TO 11/2/81 public hearing of Appeal Appli- cation No. 455, filed by Cao Gia Phuoc appealing the Zoning Administrator's denial of Minor Exception No. 81-25 to allow on-sale beer and wine (Type "41" License) in an exist- ing restaurant at 2317 W. First Street in the C2 District. The Clerk of the Council reported there were no written communications. Planning Associate Balen presented the staff report and recommendations. MOTION was made by Serrato, seconded by Luxembourger, to continue the public hearing to November 2, 1981, and to notify the applicant in writ- ing of said continuance. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.5 PETITION RE: RELOCATION OF BLOCK The Mayor announced that this WALL CROSSING HELIOTROPE DR. N OF was the time and place for the 17TH ST. - REQUEST DENIED public hearing of the proposed relocation of the concrete block wall located at Heliotrope Drive north of Seventeenth Street. The Clerk of the Council reported there were no written communications, other than petitions received from both opponents and proponents of the relocation. The City Manager reviewed the staff report and recommendations. The following persons spoke in favor of the relocation: Robert L. Ward, 1711 Heliotrope Dr. Sandra Keil, 1679 Modoc, Orange The following persons spoke in opposition to the relocation: Doy Henley, 1932 Heliotrope Dr. Edward Tornell, 1717 Heliotrope Dr. Bill Ehni, 1714 Heliotrope Dr. Marjorie Fluor, 1920 Heliotrope Dr. Bruce W. Stuart, 1911 Heliotrope Dr. Dr. Arthur C. Elliott, 1904 Heliotrope Dr. George R. Moundy, 1722 Heliotrope Dr. Gloria Turtenwald, 2001 Heliotrope Dr. A rebuttal from the proponents of the relocation was presented by Robert L. Ward. A rebuttal from the opponents of the relocation was presented by Edward Tornell. Following discussion, MOTION was made by Serrato, seconded by Luxembourger, to deny the request to relocate the block wall crossing Heliotrope Drive north of Seventeenth Street, and to receive and file the petitions from both opponents and proponents. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 29.1 CITY COUNCIL MINUTES 315 OCTOBER 5, 1981 PUBLIC HEARING - APPEAL NO. 457 The Mayor announced that this EX 81-28 - 5110 WESTMINSTER AVE. was the time and place for the CA INSTRUCTED public hearing of Appeal Appli- cation No. 457, filed by Huong Ngo, appealing the Zoning Administrator's denial of Minor Exception No. 81-28 to allow off-sale beer and wine in a market (A Chau Family Food Market) within a retail center at 5110 Westminster Avenue in the C2 Dis- trict. The Clerk of the Council reported there were no written communications. There were no speakers on the matter. The Mayor closed the public hear- ing. MOTION was made by Griset, seconded by McGuigan, to approve and file the Notice of Exemption and instruct the City Attorney to prepare a resolu- tion denying Appeal No. 457, denying EX 81-28, and affirming the decision of the Zoning Administrator. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.5 PUBLIC HEARING - A.A. NO. 860 The Mayor announced that this 1730 AND 1802-1840 S. STANDARD AVE. was the time and place for the ORD. NO. NS-1604 - 1ST READING & public hearing of Amendment PUBLICATION OF TITLE Application No. 860, filed by Nouri Touski, to rezone prop- erty at 1730 and 1802 through 1840 S. Standard Avenue from the C1 (Com- munity Commercial) District to the C2 (General Commercial) District. The Clerk of the Council reported there were no written communications. Michael D. Klipa, 8135 Arroyo Drive, South San Gabriel, spoke in favor of the amendment application. There were no other speakers on the matter. The Mayor closed the public hearing. MOTION was made by Luxembourger, seconded by Markel, to approve and file the Negative Declaration, and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1604 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 860 TO REZONE PROPERTY LOCATED ON THE NORTHWEST CORNER OF STANDARD AND OCCIDENTAL STREETS FROM THE C1 (COMMUNITY COMMERCIAL) DISTRICT TO THE C2 (GENERAL COMMERCIAL) DISTRICT AND AMENDING SECTIONAL MAP NO. 19-5-9. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGui9an, Serrato None None CA 10 Council recessed at 10:35 p.m.; the Mayor announced the Council was reces- sing to Executive Session at 10:44 p.m., and the Council reconvened at 12:10 p.m., with all members present. RES. NO. 81-158 EXTENDING EXPIRATION TIME FOR TENT. TRACT MAP 10918 - ADOPTED MOTION was made by Acosta, seconded by Luxembourger, to adopt the following resolution: CITY COUNCIL MINUTES 316 OCTOBER 5, 1981 RESOLUTION NO. 81-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME WHEN TENTATIVE TRACT MAP 10918 SHALL EXPIRE FOR PROPERTY LOCATED ON THE EAST SIDE OF ORANGE AVENUE, SOUTH OF WALNUT STREET. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 24 RES. NO. 81-159 EXTENDING EXPIRATION TIME FOR TENT. TRACT MAP 10920 - ADOPTED MOTION was made by Luxembourger, seconded by Griset, to adopt the following resolution: RESOLUTION NO. 81-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME WHEN TENTATIVE TRACT MAP 10920 SHALL EXPIRE FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF CHESTNUT AND MAPLE STREETS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 24 RES. NO. 81-160 EXTENDING EXPIRATION TIME FOR TENT. TRACT MAP 11035 - ADOPTED MOTION was made by Acosta, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 81-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME WHEN TENTATIVE TRACT MAP 11035 SHALL EXPIRE FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF OAK AND CHESTNUT STREETS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 24 RES. NO. 81-161 CORRECTING CONDITIONS OF APPROVAL OF CUP 81-8 - ADOPTED MOTION was made by Acosta, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 81-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CORRECTING A CLERICAL ERROR IN RESOLUTION NO. 81-153 PERTAIN- ING TO THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 81-8. AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, Markel, McGuigan, Serrato Griset None CA 13.1 CHANGES IN COUNCIL & CRA AGENDA SCHEDULES APPROVED memo dated September 22, 1981: MOTION was made by Griset, seconded by Serrato, to approve the following recommendation proposed by the Mayor in his That the Redevelopment Agency Meeting be held on the third Tuesday of the month and convene at 6:00 p.m., commencing November 17, 1981. AYES: Acosta, Bricken, Griset, McGuigan, Serrato NOES: None ABSENT: None Luxembourger, Markel, CITY COUNCIL MINUTES 317 OCTOBER 5, 1981 By unanimous informal consent, the Council agreed not to begin consider- ation of any Council agenda items after 11:30 p.m. MOTION was made by Griset, seconded by Markel, to permanently move back the starting time of the Council meeting to 1:00 p.m. in the afternoon in order to devote an extra hour to work-study sessions. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, Serrato McGuigan None CA 80 REPORT (BY MAYOR) FROM COUNCIL Following discussion, MOTION NOMINATING COMM. RE: CIVIC was made by Serrato, seconded CENTER COMMISSION APPOINTMENT - by Griset, to continue action CONTINUED TO 11/2/81 on the report by the Mayor from the Council Nominating Committee regarding the Civic Center Commission Appointment to Novem- ber 2, 1981. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 80.9 FORMATION OF CHARTER REVISION Following discussion, MOTION COMMITTEE - POLICY ADOPTED was made by Luxembourger, seconded by Acosta, that each Councilmember nominate two individuals and the Mayor nominate three individuals, with nomina- tions to close November 15, 1981, to Charter Revision Committee whose mission is to consider modifications to the City's Charter proposed by the City Manager, City Attorney, Clerk of the Council or Councilmembers. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 129 LEAGUE OF CA CITIES Following discussion, MOTION RESOLUTION - AUTHORIZED was made by Markel, seconded by McGuigan, to authorize Councilmember Serrato to intro- duce from the floor at the California League of Cities Conference a reso- lution calling upon the Legislature of the State of California to approp- riate funds for the reimbursement of State-mandated costs incurred by local agencies to comply with State regulations governing personal pro- tective clothing and equipment for fire fighters. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ~U ~ ABSENT: None CA 148.2 AUTHORIZATION TO ADVERTISE FOR BIDS FOR SPEC 81-025 - CONTINUED TO 10/26/81 MOTION was made Acosta, seconded by Serrato, to: CITY COUNCIL MINUTES 318 OCTOBER 5, 1981 1) Authorize the advertisement for bids for a motor-generator; and 2) Approve Appropriation Adjustment No. 37 trans- ferring $30,000 from 51-999-Council Capital Reserve to 51-343-Police Dept., Technical Services. Following discussion, MOTION was made by Luxembourger, seconded by McGuigan, to continue the matter to October 26, 1981. Motion to continue passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 89 LITIGATION ACTIONS By way of action out of Execu- BOWER - CA AUTHORIZED tive Session, MOTION was made BROWN - CA AUTHORIZED by Acosta, seconded by Luxembourger, to authorize the City Attorney to dismiss that certain complaint in the intervention in the case of Richard Bower versus Kawasaki Motorcycle, et al, in exchange for waiver of costs. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by McGuigan, seconded by Acosta, to authorize the City Attorney to settle that certain workmen's compensation case entitled Michael Brown versus City of Santa Ana for a compromise and release of all claims in the amount of $6,600.00. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 139 ORAL COMMUNICATION - GRISET Councilmember Griset requested TRANSFERRING MINOR EXCEPTION the Planning Commission be des- APPEALS TO PLANNING COMM. ignated as the final point of CA INSTRUCTED appeal for minor exceptions. Decision was made by unanimous informal consent to instruct the City Attorney to investigate and report to Council on the matter. CA 13.5 ORAL COMMUNICATION - SERRATO Councilmember Serrato related ALTERNATE FOR SCAG TRANSIT that he had recently become a TASK FORCE - CM APPOINTED member of the SCAG Regional Line Haul Transit Development Task Force and the position required an alternate. Following discussion, MOTION was made by Serrato, seconded by McGuigan, to appoint the City Manager as alternate to said Task Force. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 141 ORAL COMMUNICATIONS - BRICKEN SLIDE PRESENTATIONS FROM PLAN- NING COMM. MTGS. for public hearings at Council meetings. Mayor Bricken requested that the slide presentations from the Planning Commission meet- ings be made readily available CITY COUNCIL MINUTES 319 OCTOBER 5, 1981 ADJOURMENT By unanimous informal consent, at 12:55 a.m., the meeting was adjourned to 3:30 p.m, on Thursday, October 15, 1981, in the Council Chambers, 22 Civic Center Plaza. CITY COUNCIL MINUTES 320 OCTOBER 5, 1981