HomeMy WebLinkAbout03-01-1982 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
March 1, 1982
The meeting was called to order at 7:33 p.m., in City Council Chambers,
22 Civic Center Plaza, by Vice Mayor Luxembourger. Councilmembers present
were John Acosta, R. W. Luxembourger, J. Ogden Markel, and Alfred C. Serrato
Also present were Assistant City Manager Dan Stone, City Attorney Edward J.
Cooper, and Clerk of the Council Janice C. Guy.
PLEDGE OF ALLEGIANCE
INVOCATION
Wilshire Presbyterian Church.
Following the Pledge of
Allegiance to the Flag,
the Invocation was given by
Reverend Donald Sturm,
MEMBERS EXCUSED MOTION was made by Acosta,
seconded by Markel, to
excuse the following who
were attending the National
League of Cities meeting in Washington, D.C.: Mayor Gordon Bricken,
Councilmembers Daniel E. Griset and Patricia A. McGuigan, and City
Manager A. J. Wilson.
Motion passed on the following vote:
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
SPECIAL PRESENTATION Gordon Elser, Information Officer,
O.C. WATER DISTRICT Orange County Water District,
reviewed the background of
Proposition 9, which will be
on the June primary election ballot, stating the need for its support by
the water users in southern California. Mr. Elser answered questions
posed by Council on this subject. CA 12
On behalf of Council, Councilmember Acosta presented Mr. Elser with a City
Seal tile plaque for the dedicated service provided by the Orange County
Water District.
PROCLAMATION
RED CROSS MONTH
Month" in the City of Santa Ana.
Councilmember Serrato presented a
proclamation to Dorothy Nichols,
Red Cross Volunteer, proclaiming
the month of March as "Red Cross
CA 46
PUBLIC HEARING
APPEAL NO. 462, VA 81-33
1411E. 1ST ST.
CONT'D TO 3/15/82
denial of Variance Application No.
The Vice Mayor announced that this
was the time and place for the
public hearing of Appeal No. 462,
filed by Quyen Kim Nguyen, appeal-
ing the Planning Commission's
81-33, to allow on-sale beer, wine, and
CITY COUNCIL MINUTES 71 March 1, 1982
distilled spirits (License Type 48 on-sale premises) in an existing bar,
"Kim's #2," presently licensed for on-sale beer only.
The Director of Planning and Development Services presented the staff report
and a slide presentation.
The Clerk of the Council reported a written communication in opposition to
the appeal from C. G. Welputt, 2301N. Fairmont.
Edison Miller, attorney for the applicant, 1600 N. Broadway, addressed Council
in favor of the appeal, and 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 Serrato, seconded by Acosta, to grant
Appeal No. 462, grant VA 81-33 for a six-month period, and overrule the
decision of the Planning Commission, failed on the following vote:
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Serrato
Markel
Bricken, Griset, McGuigan
MOTION was made by Serrato, seconded by Acosta, to continue Appeal No. 462,
VA 81-33, to March 15, 1982.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
CA 13.3
PUBLIC HEARING The Vice Mayor opened the public
APPEAL NO. 464, CUP 81-25 hearing on Appeal No. 464, filed
& VA 81-36, 1501S. TROTTER by Metropolitan Outdoor Advertis-
CONT'D TO 4/5/82 ing, appealing the Planning
Commission's denial of Conditional
Use Permit No. 81-25 and Variance Application No. 81-36, to allow construc-
tion of an off-premise advertising sign (billboard) constructed within
80 feet of the Newport Freeway and waiving height requirement for a 60-foot
high sign in the M1 District.
The Director of Planning and Development Services gave the staff report and
a slide presentation.
The Clerk of the Council reported there were no written communications.
Jay Kingery, 3001Redhill, Costa Mesa, spoke in favor of the appeal.
James Maynard, Emerson Trust, spoke with regard to the appeal, asking whether
the City had changed its policy relative to signs
There were no other speakers on the matter. The Vice Mayor closed the
public hearing.
CITY COUNCIL MINUTES 72 MARCH 1, 1982
Following discussion, MOTION was made by Acosta, seconded by Serrato,
to grant Appeal No. 464, grant CUP 81-25 and VA 81-36, and overrule the
decision of the Planning Commission, with the following stipulations:
1. Permit the sign to be located 35 feet above the
Newport Freeway roadway;
2. Allow a 5-year term on the sign with a 5-year
renewal option,
3. Delete donated sign space requirement.
Motion failed on the following vote:
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Serrato
Markel
Bricken, Griset, McGuigan
MOTION was made by Serrato, seconded by Markel, to continue the matter to
April 5, 1982.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
CA 13.4
Council recessed at 9:14 p.m., and reconvened at 9:25 p.m., with the same
members present.
CONSENT CALENDAR
ITEMS REMOVED
The following items were removed
from the Consent Calendar: 1,
2B and 5B.
CONSENT CALENDAR
STAFF RECOMMENDATION
APPROVED
MOTION was made by Acosta,
seconded by Markel, to approve
staff recommendations on the
following Consent Calendar items:
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
BID CALL
Approved plans and specifications
and authorized advertisement for
bids on the following:
PROJECT 7141 - Construction of Trash Bin Enclosures
at Various Locations in Civic Center Area - Public
Works.
CA 89
BID AWARD
Awarded the following in accordance
with summary of bid reports sub-
mitted:
CITY COUNCIL MINUTES 73 March 1, 1982
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
SPEC 81-019 - One Micro Computer - Police Department;
Western Computer Center, in the amount of $21,410.94.
PROJECT 2082 - Street Repair and Resurfacing Transpor-
tation Department; All American Asphalt, in the amount
of $175,632.65.
PROJECT 2083 - Asphaltic Slurry Sealing for Various
Arterial and Local Streets - Transportation Department;
D & D Asphalt Paving Co., in the amount of $129,037.05.
PROJECT 8385 - Construct Sanitary Sewer in 17th Street
between Lincoln and Grand Avenue; Brkich Bros. Corp., in
the amount of $43,545.00. CA
89
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
Received and filed staff
report on the following:
HOLGUIN, Manuel, 701 North Harbor - Premises-to-Premises
Transfer Type 48 On-sale General, Public Premises.
GOLDEN RAM RESTAURANTS, INC., 1406 E. First - Original
Type 41 On-sale Beer and Wine, Public Eating Place,
replacing surrendered license.
ARANDA, Jose L. & Luz M., 1518 S. Flower - Original Type
20 Off-sale Beer and Wine, existing variance for retail
center. CA 146
DEEDS WITH CASH
GRANTEE CITY
the Mayor & Clerk:
Approved the following deeds
and authorized execution of
all necessary documents in
connection with purchases by
NICKLES, Earl J. & Barbara J., East & South of Newhope,
North of Edinger; Street purposes.
TRUJILLO, Mary, West & South of Newhope, North of
Edinger; Street purposes.
JANSSON, Steve & Barbara, West & South of Newhope, North
of Edinger; Street purposes.
SALGADO, Manuel & Katherine & R. Salgado, East & South of
Newhope, North of Kent; Street purposes.
LOYA, Edmund, East & South of Newhope, North of Kent;
Street purposes.
DEVNEY, Terrance & Carmen, West & South of Newhope, North
of Edinger; Street purposes.
CITY COUNCIL MINUTES
74
March 1, 1982
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued
OLIVAS, David & Dolores, East of Newhope, South
of First; Well Site #30.
CA 155
VARIANCE
Approved and filed Negative
Declaration, and Finding of
Fact on the following:
NEGATIVE DECLARATION & VA 81-38 - Filed by Thomas
F. Hinds to construct a new building in an existing
shopping center, allowing new canopy signs and
waiving the 3:1 parking ratio at 1316-1320 W. Edinger
Avenue in the C4 District. APPROVED
CA 13
TENTATIVE PARCEL MAPS Approved and filed Negative
Declaration, approved subject
to conditions in Planning
Director's report waived alley
requirement on P.M. 81-894 on the following:
NOTICE OF EXEMPTION & PARCEL MAP 81-894 - Filed by
Stephen and Claudia Wilson, creating 1 lot; said lot
to be used for office condominium purposes; generally
located east of Grand Avenue at 1540 E. Edinger
Avenue.
NEGATIVE DECLARATION & PARCEL MAP 81-895 - Filed by
Certified Roofers, Inc., creating 2 lots; said lots
to be used for industrial purposes; generally located
on the north side of St. Gertrude Place, west of Grand
Avenue at 1313 E. St. Gertrude PLace.
CA 25
FINAL TRACT MAP Approved final map: accepted
the dedications thereon and
the bonds in the amounts set;
authorized execution of sub-
division agreement by Mayor and Clerk for the following:
TRACT MAP NO. 11442 - South side of Monte Vista
Avenue, East of Sullivan Street; i lot.
CA 24
COMPLETION OF IMPROVEMENTS
Authorized release of performance
monument, labor and material
bonds on the following:
TRACT 10907 - Southeast Corner of MacArthur Blvd.
and Greenville Street.
CA 24
BOARDS, COMMISSIONS,
AND COMMITTEES
RESIGNATION
service to City on the following:
Accepted resignation with regret;
directed Clerk to post vacancy;
authorized preparation of
appropriate recognition for
CITY COUNCIL MINUTES
75 MARCH 1, 1982
' I
Ann Avery Andres - Ward 5 representative to
Bowers Museum Board, received by mail to the
Clerk's office.
CA 80.9
UNINVESTIGATED LIABILITY
CLAIMS
Referred to administration,
claims received from February
6, 1982 through February 19,
1982. CA 65.7b
COUNCIL REFERRAL SUMMARY
Received and filed report.
CA 80.2
REPORT TO FILE
Received and filed report.
PROCLAMATION REPORT
CA 46
****************************************** CALENDAR **************************************
MINUTES
REG MTG 2/16/82
ADJ REG MTG 2/20/82
ADJ REG MTG 2/22/82
APPROVED
Councilmember Acosta requested
that Mark McLean be corrected
to Bruce McLean on page 59 of
the February 16, 1982 Council
Meeting. (Agenda Item 1)
Motion was made by Acosta, seconded by Serrato, to approve the Minutes of
the Regular Council meeting of February 16, 1982, the Adjourned Regular
Meeting of February 20, 1982 and the Adjourned Regular Meeting of February
22, 1982.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
BID CALL Following discussion, MOTION
was made by Acosta, seconded
by Serrato, to approve plans
and specifications and authorize advertisement for bids on the following:
PROJECT 7156 - Refurbishing and Insulating of Fire
Department Training Tower at 2726 S. Grand Avenue -
Fire Department. (Agenda Item 2B)
AYES:
NOES: None
ABSENT: Bricken, Griset, McGuigan
ALCOHOLIC BEVERAGE
LICENSE APPLICATIONS
SEPEDA -3425 W. First
RECEIVED AND FILED
Acosta, Luxembourger, Markel, Serrato
CA 89
Rosemarie Sepeda, 3137 Barbedo
Place, Costa Mesa, and John
Simpson, 10901 Walnut, Los
Alamitos, spoke in favor of the
Alcoholic Beverage License
CITY COUNCIL MINUTES
76
MARCH 1, 1982
application. Following discussion, MOTION was made by Serrato, seconded
by Acosta, to receive and file the staff report on the following:
SEPEDA, Rosemarie, 3425 W. First - Original Type
20 Off-sale Beer and Wine. PROTESTS (Agenda Item
5B)
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
CA 146
RES. NO. 82-23
EXTENSION OF TIME -
TENT. PARCEL MAP 80-889
ADOPTED
MOTION was made by Acosta,
seconded by Serrato, to adopt
the following resolution:
RESOLUTION NO. 82-23 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA EXTENDING THE TIME WHEN TENTATIVE
PARCEL MAP 80-889 SHALL EXPIRE FOR PROPERTY LOCATED AT
1020 NORTH BROADWAY.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
CA 25
SO. PACIFIC BIKE TRAIL MOTION was made by Acosta,
PAYMENT TO McINTYRE & SONS seconded by Serrato, to approve
APPROVED payment in the amount of $16,000.00
to McIntyre and Sons, Developers,
for construction of a portion of the Southern Pacific Bike Trail.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
CA 18.6
SUPERBLOCK (CIVIC CENTER)
PARKING FAC. OPERATING CONTRACT
CONT'D TO 3/15/82
Following discussion, MOTION
was made by Acosta, seconded by
Serrato, to continue the
following to March 15, 1982:
Superblock Parking Facility Operating Contract - Option
Agreement with System Parking, Inc.;
Authorization of Orange County to return proposal deposits
submitted by unsuccessful bidders;
Authorization of Orange County to refund the sum of $25
for each full day of unused option term after completion
of requirements and execution of a 3-year lease; and
CITY COUNCIL MINUTES
77
MARCH 1, 1982
Authorization of Mayor and Clerk to execute a lease with
System Parking, Inc., upon notification from the County
that the terms and conditions of the Option Agreement have
been complied with.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
Councilmember Acosta requested that Council receive copies of Civic Center
Commission minutes in the future. CA 77.5
SCHOOL LUNCH PROGRAM Following consideration of
CORRES. FROM HUMAN RELATIONS COMM. correspondence received from
CONT'D TO 3/15/82 the Human Relations Commission
regarding the School Lunch
Program, MOTION was made by Acosta, seconded by Markel, to continue the
matter to March 15, 1982.
Motion passed on the following vote:
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
CA 131
PADDY WAGONS Following consideration of a
REFERRED TO STAFF memorandum from Councilmember
Luxembourger regarding the
possible use of paddy wagons
by the Santa Ana Police Department, MOTION was made by Serrato, seconded
by Acosta, to refer the matter to staff for analysis and report on
findings to Council.
Motion passed on the following vote:
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
CA 47
ORAL COMMUNICATIONS Harry Greenberg, 116 N. Sycamore,
HARRY GREENBERG and Bertrand Cottle, attorney
representing Mr. Greenberg,
addressed Council regarding Mr.
Greenberg's redevelopment loan with the City.
ORAL COMMUNICATIONS Councilman Markel stated that
MARKEL - AFTER HRS. PARKING on-street parking causes
SERRATO - REC. & PARKS BD. congestion and problems with
regard to street cleaning and
trash pickup, and suggested staff try to find a solution to this situation.
Councilmember Serrato requested that Ollie Whitaker be nominated for the
Ward 4 vacancy on the Recreation and Parks Board. CA 18
CITY COUNCIL MINUTES 78 MARCH 1, 1982
RECESS
EXECUTIVE SESSION
RECONVENED
Council recessed to Executive
Session at 10:32 p.m., and re-
convened at 11:11 p.m., with
the same members present.
LITIGATION - DENSON;
TEAGUE; CARR; FRASER; DIAZ;
PEREZ - CA AUTHORIZED;
MATTER OF JAMES CLANCY -
FINANCE DIRECTOR AUTHORIZED
By way of action out of Execution
Session, MOTION was made by Acosta,
seconded by Serrato, to authorize
the City Attorney to settle the
case of Denson v. City of Santa Ana,
Workers Compensation for 35 1/2%
with credit under Lab Code 33861 for third party settlement.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
MOTION was made Acosta, seconded by Markel, to authorize the City Attorney to
settle the case of Teague v. City of Santa Ana, Workers Compensation in the
amount of $22,522.50.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGui§an
MOTION was made by Acosta, seconded by Serrato, to authorize the City Attorney
to settle the case of Carrv. City of Santa Ana, Orange County Superior Court
in the amount of $12,500.00 for Bobby R. Carr and $1,000.00 for Richard Coleman.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
MOTION was made by Acosta, seconded by Serrato, to authorize the City Attorney
to file suit against Carl Fraser for damages arising out of an automobile
collision.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
MOTION was made by Acosta, seconded by Markel, to authorize the City Attorney
to file suit against Eduardo D. Diaz et. al. for damages arising out of an
automobile collision.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
MOTION was made by Serrato, seconded by Markel, to authorize the City Attorney
to file suit against Juvenal A. Perez for damages to a traffic signal.
CITY COUNCIL MINUTES
79 MARCH 1, 1982
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
MOTION was made by Acosta, seconded by Markel, to authorize the Director of
Finance to execute check #1009 in the amount of $200.00, and check #1008 in
the amount of $277.75 for payment to James J. Clancy; and to endorse check
#560-6012241 in the amount of $6,378.93 for payment to James J. Clancy for
services rendered in the matter of the Mitchell Brothers litigation.
AYES:
NOES:
ABSENT:
Acosta, Luxembourger, Markel, Serrato
None
Bricken, Griset, McGuigan
CA 139
ADJOURNMENT
22 Civic Center Plaza.
At 11:15 p.m., the meeting was
adjourned by unanimous informal
consent to Monday, March 8, 1982,
2:00 p.m., Council Chambers,
e C.(~uy, Clerk of the Council
MARCH 1, 1982
CITY COUNCIL MINUTES 80