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HomeMy WebLinkAbout12-06-1982 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 6, 1982 The meeting was called to order by Vice Mayor R. W. Luxembourger at 1:11 p.m., in Room 147, City Council Chambers, 22 Civic Center Plaza. Councilmembers present were John Acosta, Daniel E. Griset, J. Ogden Markel, Patricia A. McGuigan, and Alfred C. Serrato. Also present were City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy. Mayor Gordon Bricken was absent. CHARTER LANGUAGE The City Manager and Assistant APRIL BALLOT City Attorney reviewed the pro- posed Charter amendments for the April, 1983 ballot, which include election of Councilmembers by ward, direct election of the Mayor, and terms for City board and commission members to run concurrently with Council terms of office. The Assistant City Attorney presented two proposals for the election of the Mayor, one which provided for the Mayor as an eighth member of the legislative body with chairmanship responsibili- ties, veto power, but not voting power, and a second which maintained the position as currently conducted only changing method of selection. By unanimous informal consent, Council agreed to place the matter of election by ward on the April ballot. Following discussion, MOTION was made by McGuigan, seconded by Griset, to consider the proposal for election of Mayor which would include the election of the Mayor at-large, as part of the seven-member council with voting power, but no right to veto. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Serrato Markel Bricken By unanimous informal consent, Council agreed that candidates for Mayor should have two years' prior service on the City Council. MOTION was made by McGuigan, seconded by Acosta, that the Mayor's term should be for two years. AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Serrato Markel Bricken Lori Bassett, member of the Charter Revision Committee, reviewed the reasons for the recommendations of the committee on this issue. By unanimous informal consent, Council agreed to continue further discussion on the proposed Charter amendments to later in the meeting. CA 129A The Council recessed at 2:10 p.m., and reconvened in the Council Chambers at 2:17 p.m., with the same members present. CITY COUNCIL MINUTES 395 DECEMBER 6, 1982 PLEDGE OF ALLEGIANCE INVOCATION Following the Pledge of Allegiance to the Flag, the Invocation was given by Council- member McGuigan. CONSENT CALENDAR ITEMS REMOVED The following items were removed from the Consent Calendar: 3A, 3C, 3D, 3G, 5A, 5B, 5D, 7, 8B, 8C, 9, 12B, 15, 16B, 19B and 19C. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Motion was made by McGuigan, seconded by Serrato, to approve staff recom- mendations on the following Consent Calendar items: AYES: Acosta, Griset, Luxembourger, NOES: None ABSENT: Bricken Markel, McGuigan, Serrato BID AWARD Vice Mayor Luxembourger announced SPEC 82-021 that the following item was to CONT'D-TO 12/20/82 be continued to December 20, 1982: SPEC 82-021 - Two Hatchback Sedans - Public Works/ Water Division; Eddie Hopper Chevrolet, in the amount of $15,210.40. (Agenda Item 3B) CA 89A MINUTES Approved the Minutes of the Regular Meeting of November 15, 1982 and the Adjourned Regular Meeting of November 17, 1982. BID CALL Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 9048/9049 Civic Center Old Courthouse, Social Service & Health Bldg. Automatic Irrigation System - Recreation, Parks & Comm. Services. CA 89H BID AWARDS Awarded the following in accordance with bid summary repurts submitted: PROJECT 1408 A - Street Improvement of Euclid St. from First St. to Hazard Avenue - Public Works; R. J. Noble Company, in the amount of $199,756.00. PROJECT 1423 - Street Improvement, Westminster Blvd. from Sydney to Huron St. - Public Works; Orange Coast Contracting, in the amount of $24,655.00. CA 89F ABC BEVERAGE LICENSE APPLICATIONS Received and filed staff report on the following: . CITY COUNCIL MINUTES 396 DECEMBER 6, 1982 FARINACCI, John & Praxeda, 321E. 17th - Original Type 47 On-sale General, Public Eating Place, to replace existing Type 41 On-sale Beer & Wine. TRADER JOE'S COMPANY, 1303 N. Main - Stock transfer 2407.1. CHURWONG, Charuspun & Samart, 3710 W. 17th - Person- to-person transfer Type 20 Off-sale Beer & Wine. CHUNG, Seung Ki & HWANG, Eddie, 3502 W. 5th - Person- to-person transfer Type 20 Off-sale Beer & Wine. CA 146 DEED WITH CASH GRANTEE CITY Mayor and Clerk: Approved the following deed and authorized execution of all necessary documents in connection with purchase by PEDERSEN, Boye & Norma, S/First, E/Newhope; access easement. CA 155 DEED WITHOUT CASH GRANTOR CITY Authorized execution of the following deed by Mayor and and Clerk: EL CAMINO BANK, W/Euclid, S/Fifth; quitclaim of water line easement. CA 155 MINOR EXCEPTION Approved and filed Notice of Exemption and Findings of Fact on the following: NOTICE OF EXEMPTION & EX 82-30 - Filed by Donald Siglar to allow on-sale beer and wine in a proposed restaurant "Numero Uno Pizzeria" within a shopping center at 3664 S. Bristol Street in the CR District. Zoning Administrator's Decision: Approved. CA 13.2 FINAL PARCEL MAPS Approved final maps and accepted the dedications thereon on the following: PARCEL MAP 81-882 - South side of Fourth Street, West of Mabury Street; 1 lot. PARCEL MAP 82-883 - Southeast corner of Washington Place and Grand Avenue; 2 lots. CA 95 AGREEMENT Approved the following agreement and authorized execution by Mayor and Clerk: ENCROACHMENT - NORTH SIDE OF THIRD STREET, EAST OF PARTON STREET - Between City & Civic Center Plaza Company for an encroachment permit for 600 North Santa Ana Boulevard. A-82-95 CITY COUNCIL MINUTES 397 DECEMBER 6, 1982 UNINVESTIGATED LIABILITY CLAIMS Referred to administration, claims received from November 8, 1982 through November 26, 1982. CA 65.7b REPORT TO FILE Received and filed the follow- ing: PROCLAMATION REPORT. CA 46 CONTINUE ITEM Continued the following to January 3, 1983: SANTA ANA MOBILE HOME MEDIATION COMMITTEE. CA 16 DONATION - FIRE DEPT SURPLUS BEDS serves the Orange County Area. Authorized the Fire Chief to donate 72 wooden beds~to non-, profit camp for youths which CA 64 * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * BID AWARD SPEC 82-017 APPROVED MOTION was made by Markel, seconded by McGuigan, to award the following in accordance with the bid summary report: SPEC 82-017 - One 46,000 GVWR Cab & Chassis with Dump Bed - Public Works/Fleet Maintenance; GMC Truck and Coach Division of General Motors, in the amount of $46,105.76. (Agenda Item 3A) AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 89A~ BID AWARD SPEC 82-024 APPROVED MOTION was made by McGuigan, seconded by Acosta, to award the following in accordance with the bid summary report: SPEC 82-024 - One Mail Inserting Machine - Finance Department; Bell and Howell Company, in the amount of $18,252.14. (Agenda Item 3C) AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CA 89 G CITY COUNCIL MINUTES 398 DECEMBER 6, 1982 BID AWARD Following discussion, MOTION SPEC 82-025 was made by Markel, to disapprove CONT'D TO 12/20/82 the bid award for an Optical Scan ~ Remittance Processor & Band Printer for the Finance Department. Motion died for lack of a second. Following further discussion, MOTION was made by Serrato, seconded by McGuigan, to continue the following to December 20, 1982: SPEC 82-025 - Optical Scan Remittance Processor & Band Printer - Finance Department; Burroughs Corporation, in the amount of $68,814.20 and Jaguar Computer Systems, Inc., in the amount of $15,114.20, for a total of $83,928.40. (Agenda Item 3D) AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, McGuigan, Serrato Markel Bricken CA 89G Mayor Bricken joined the meeting at 2:37 p.m. BID AWARD PROJECT 6165 B APPROVED the bid summary report: Following discussion, MOTION was made by Markel, seconded by McGuigan, to award the following in accordance with PROJECT 6165 B - Restroom Renovations at Jerome and E1 Salvador Parks - Recreation, Parks & Community Services; Impact Construction, Inc., in the amount of $55,763.25. (Agenda Item 3G) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 89 ABC LICENSE APP. KNIGHT-1808 N. TUSTIN REC'D & FILED following: Following discussion, MOTION was made by Griset, seconded by McGuigan, to receive and file the staff report on the KNIGHT, Warner, 1808 N. Tustin - Original Type 20 Off- sale Beer & Wine. PROTEST: Planning. (Agenda Item 5A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 146 CITY COUNCIL MINUTES 399 DECEMBER 6, 1982 ABC LICENSE APP. CHI-1401 W. WARNER REC'D & FILED following: Following discussion, MOTION was made by Markel, seconded by McGuigan, to receive and file the staff report on the CHI, Jong & KiHee, 1401W. Warner - Original Type 20 Off-sale Beer & Wine. PROTEST: Planning. (Agenda Item 5B) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 146 ABC LICENSE APP. SALAMEH-218 S. FLOWER REC'D & FILED MOTION was made by Griset, seconded by McGuigan, to receive and file the staff report on the following: SALAMEH, Aziz & Suhila, 218 S. Flower - Original Type 20 Off-sale Beer & Wine. PROTEST: Police, Planning. (Agenda Item 5D) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 146 SURPLUS PROPERTY Following discussion, MOTION was SPR 82-3 made by McGuigan, seconded by APPROVED Luxembourger, to approve exchange of SPR 82-3 with other property owners in project area for necessary parcels for Broadway widening and extension, per S.A.M.C. No. 2-710; and authorize the Mayor and Clerk to execute all necessary documents to transfer title on the following: SPR 82-3 - Northwest corner of Broadway and North Park Blvd.; appraised value $160,000.00. (Agenda Item 7) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 45 EX 82-31 3017-3019 S. HARBOR BLVD. APPROVED & FILED following: MOTION was made by Acosta, seconded by McGuigan, to approve and file the Notice of Exemption and Findings of Fact on the NOTICE OF EXEMPTION & EX 82-31 - Filed by Bella Peller to allow on-sale beer and wine in a proposed restaurant "Carriage Deli" within an industrial building at 3017- 3019 S. Harbor Blvd. in the M i District. Zoning Administrator's Decision: Approved. (Agenda Item 8B) CITY COUNCIL MINUTES 4OO DECEMBER 6, 1982 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembour§er, McGuigan, Serrato Markel None CA 13.2 EX 82-32 Following discussion, MOTION 403 N. BUSH was made by Serrato, seconded APPROVED & FILED by McGuigan, to set a public hearing on Minor Exception No. 82-32, filed by Joe O'Campo to allow on-site beer service at 403 N. Bush in the C3 District. Following further discussion, MOTION was withdrawn by maker and second. MOTION was then made by Markel, seconded by Serrato, to set the matter for public hearing. Motion failed on the following vote: AYES: NOES: ABSENT: Markel, Serrato Acosta, Bricken, Griset, Luxembourger, McGuigan None MOTION was made by Griset, seconded by Acosta, to approve and file the Notice of Exemption, and Findings of Fact on the following: NOTICE OF EXEMPTION & EX 82-32 - Filed by Joe O'Campo to allow on-site beer service in an existing billiard parlor at 403 N. Bush in the C3 District. Zoning Administrator's Decision: Approval. Approved. (Agenda Item 8C) Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan Markel, Serrato None CA 13.2 TENTATIVE TRACT MAP Louis DeNuccio, 2737 Sandpiper, TRACT 11824 Costa Mesa, appealed to Council APPROVED & FILED; with reference to designating the ~l'J~q]~'TEq~ proper party to pay for the storm ~ drain, required to be constructed by Tentative Tract Map 11824, allegedly included in an earlier development. MOTION was made by McGuigan, seconded by Acosta, to continue the following: NEGATIVE DECLARATION & TRACT 11824 - Filed by William A. Pressey and Louis A. DeNuccio, creating 1 lot; said lot to be used for condominium purposes; generally located on the south side of Pomona Street between Spruce Street and Rene Drive (1616 W. Pomona). (Agenda Item 9) The City Attorney advised that this was an improper motion. MOTION was made by Luxembourger, seconded by Griset, to approve and file the Negative Declaration, and approve the map subject to conditions in the Chief of Planning's report. CITY COUNCIL MINUTES 401 DECEMBER 6, 1982 MOTION passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None MOTION was made by Luxembourger, seconded by Markel, to instruct staff to review the legal liability with reference to the storm drain, and report back to C~,ouncil on Jar~uary 3, 1983. z~.~.,,;~ AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 24 AGREEMENT W/COMPUTER APPLICATIONS RESOURCE, INC. APPROVED authorize execution by Mayor and Clerk: Following discussion, MOTION was made by Acosta, seconded by McGuigan, to approve the following agreement and ACCIDENT DATA RETRIEVAL - Between City and Computer Applications Resource, Inc., for contract engineering services for Project 8496, in the amount of $16,600.00. (Agenda Item 12B) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan., Serrato None None A-82-96 Council recessed at 3:17 p.m., and reconvened in the Council Chambers at 3:39 p.m., with the same members present. COUNCIL REFERRAL SUMMARY REC'D & FILED MOTION was made by McGuigan, seconded by Acosta, to receive and file the following: COUNCIL REFERRAL SUMMARY. (Agenda Item 15) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 80.2 REPORT TO FILE Council commended the Finance ANNUAL FINANCIAL REPORT Director on the excellent REC'D & FILED financial report presented. ~ MOTION was made by McGuigan, seconded by Acosta, to receive and file the following: ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING JUNE 30, 1983. (Agenda Item 16B) CITY COUNCIL MINUTES 402 DECEMBER 6, 1982 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembour§er, Markel, McGuigan, Serrato None None CA 65.4 BICYCLE & PEDo FACILITIES PROGRAM MOTION was made by McGuigan, GRANT APP. FOR SB 821 FUNDING seconded by Griset, to STAFF AUTHORIZED authorize the Director of ~'~'""'~'"'~'~"~ Transportation to submit a grant application to the Orange County Transportation Commission for $53,369.00 under SB 821 Bicycle and Pedestrian Facilities Program of the Transportation Development Act. (Agenda Item 19B) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA t8.6 CATV FRANCHISE MOTION was made by McGuigan, CITY POSITION AFFIRMED seconded by Acosta, to affirm ""~ City position on studio facilities in accordance with Section 7.2 of the CATV Agreement, as stated in City Manager's letter of November 24, 1982. (Agenda Item 19C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 130.4 ORD. NO. NS-1657 WARD BOUNDARY CHANGES 2ND READING & ADOPTED MOTION was made by Acosta, seconded by Serrato, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1657 - AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING AND ESTABLISHING THE BOUNDARY LINES OF TIlE WARDS OF THE CITY OF SANTA ANA. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 108 ORD. NO. NS-1660 REGULATION OF PUSHCARTS CONT'D TO 12/20/82 Alfonso Moor, 1126 N. Hellman, Ontario, and James Foley, 17291 Bergen, Tustin, spoke against the following ordinance: ORDINANCE NO. NS-1660 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE III TO CHAPTER 26 OF THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTION 36-136 THEREOF TO REGULATE THE SALE OF FOOD AND BEVERAGES FROM PUSHCARTS. Following discussion, MOTION was made by Acosta, seconded by Griset, to place Ordinance No. NS-1660 on second reading and adopt. CITY COUNCIL MINUTES 4O3 DECEMBER 6, 1982 MOTION failed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset Luxembourger, Markel, McGuigan, Serrato None MOTION was made by McGuigan, seconded by Luxembourger, to continue Ordinance No. NS-1660 to December 20, 1982, and instruct staff to investigate and report on specific requirements and regulations by the County and State with regard to food vending pushcarts. MOTION passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan Serrato None CA 112.14 ORD. NO. NS-1661 A.A. 876 2ND READING & ADOPTED MOTION was made by McGuigan, seconded by Luxembourger, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1661 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 876 TO REZONE PROPERTY LOCATED AT 2733-2737 NORTH CONCORD STREET FROM THE 0 (OPEN SPACE) DISTRICT TO THE R1- 7200 (SINGLE FAMILY RESIDENCE - 7200 SQUARE FOOT MINIMUM LOT AREA) DISTRICT AND AMENDING SECTIONAL MAP NO. 32-4-9. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 10 ORD. NO. NS-1662 UNLAWFUL EXPOSURE OF PRIVATE PARTS 1ST READ. & PUBLISH TITLE MOTION was made by Luxembourger, seconded by Acosta, to place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1662 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 12-1, 12-3, AND 12-4, AND REPEALING SECTIONS 12-5 AND 12-6 OF THE SANTA ANA MUNICIPAL CODE RELATING TO UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 15 CITY COUNCIL MINUTES 404 DECEMBER 6, 1982 RES. NO. 82-156 APPROVING VA 82-10 1719 W. EDINGER ADOPTED MOTION was made by Serrato, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 82-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 82-10 TO MODIFY THE SIDE AND REAR YARD SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 1719 WEST EDINGER AVENUE IN THE A1 DISTRICT. AYES: NOES: ABSENT: ABSTAINED: Bricken, Luxembourger, McGuigan, Serrato Markel Griset Acosta CA 13.3 RES. NO. 82-157 BONDS/FISHMAN ADOPTED MOTION was made by Acosta, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 82-157 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND REHABILITATION OF A COMMERCIAL OFFICE BUILDING AND RELATED FACILITIES BY ALEX FISHMAN. AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, McGuigan, Serrato Markel Griset CA 82.1 RES. NO. 82-158 IDB APP. PARKSIDE PLAZA ADOPTED MOTION was made by Acosta, seconded by McGuigan, to adopt the following resolution: RESOLUTION NO. 82-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION OF PARKSIDE PLAZA FOR INDUSTRIAL DEVELOPMENT NOTE FINANCING PURSUANT TO CHAPTER 28 OF THE SANTA ANA MUNICIPAL CODE. AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, McGuigan, Serrato Markel Griset CA 82.1 RES. NO. 82-159 IDB LOAN PARKSIDE PLAZA ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 82-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF AN INDUSTRIAL DEVELOPMENT REVENUE NOTE, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN AGREEMENT AND CERTAIN OTHER AGREEMENTS IN CONNECTION WITH THE PARKSIDE PLAZA DEVELOPMENT. CITY COUNCIL MINUTES 405 DECEMBER 6, 1982 AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, McGuigan, Serrato Markel Griset CA 82.1 RES. NO. 82-161 TRACT NO. 11374 EXT. ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 82-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING FOR ONE YEAR THE TIME FOR INSTALLATION OF REQUIRED IMPROVEMENTS FOR SUBDIVISION TRACT NO. 11374. AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, McGuigan, Serrato Markel Griset CA 24 RES. NO. 82-162 GRANT APP. TO PUCD GRADE SEP./4TH ST. & SANTA FE R.R. TRACKS ADOPTED MOTION was made by Acosta, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 82-162 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES TO SUBMIT A GRANT APPLICATION TO THE PUBLIC UTILITIES COMMISSION TO FUND CONSTRUCTION OF GRADE SEPARATIONS AT FOURTH STREET, AND THE SANTA FE RAILROAD TRACKS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 43.5 RES. NO. 82-163 GRANT APP. TO PUC GRADE SEP./GRAND AVE. & SANTA FE R.R. TRACKS ADOPTED MOTION was made by Acosta, seconded by Griset, to adopt the following resolution: RESOLUTION NO. 82-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES TO SUBMIT A GRANT APPLICATION TO THE PUBLIC UTILITIES COMMISSION TO FUND CONSTRUCTION OF GRADE SEPARATIONS AT GRAND AVENUE, AND THE SANTA FE RAILROAD TRACKS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 43.5 CITY COUNCIL MINUTES 406 DECEMBER 6, 1982 RES. NO. 82-164 GRANT APP. TO PUC GRADE SEP./17TH ST. & SANTA FE R.R. TRACKS ADOPTED MOTION was made by Acosta, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 82-164 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES TO SUBMIT A GRANT APPLICATION TO THE PUBLIC UTILITIES COMMISSION TO FUND CONSTRUCTION OF GRADE SEPARATIONS AT SEVENTEENTH STREET AND THE SANTA FE RAILROAD TRACKS. AYES: NOES: ~ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 43.5 APP. ADJ. # 68 MOTION was made by Acosta, ECON. DEV. FUND seconded by Serrato, to approve APPROVED Appropriation Adjustment No. 68 '- transferring $29,395.00 from 113-10-EDC Prior Year Revenue to 113-137-Various Acounts-EDC Appropriations for FY 82-83 for the Economic Development Fund. MOTION passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 65.3 FEASIBILITY REPORT MOTION was made by Luxembourger, GEORGE MINTER PROPERTY seconded by McGuigan, to proceed STAFF AUTHORIZED with the construction contract .... awarded on November 1, 1982, to the Griffith Company to construct a 237 space landscaped public parking lot from the Minter House southerly along Birch Street to First Street. MOTION passed on the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, McGuigan NOES: Markel CA 85.19 ABSENT: Serrato CA 18.17 NOVEMBER 2, 1982 MOTION was made by McGui§an, ELECTION RESULTS seconded by Griset, to adopt RES. NO. 82-160 - ADOPTED the following resolution, and MAYOR & CLERK AUTHDETZE13- to authorize the Mayor and "= ~ Clerk to certify the proceedings taken in the adoption of the Charter amendments by the electors of the City of Santa Ana at the Special Municipal Election held on November 2, 1982: RESOLUTION NO. 82-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 2, 1982. CITY COUNCIL MINUTES' 407 DECEMBER 6, 1982 MOTION passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan None Serrato CA 68 RECESS HSG. AUTHORITY RECONVENE Council recessed to the Housing Authority at 5:01 p.m., and reconvened at 5:03 p.m. ORAL COMMUNICATIONS Zora Haverson, 3506 S. Towner, addressed Council relative to increases on her refuse bill. ORAL COMMUNICATIONS Councilmember Serrato reported COUNCILMEMBERS on the results of his meetings with the Mobile Home Committee, and announced that 16 complaints were studied and 25 percent of those complaints had been resolved at present. CA 16 Councilmember Luxembourger reported on letters received from the County of Orange, and Florence Rappaport, 22 Windsong, Irvine, complimenting City employees for exemplary services, and asked that these letters be made a part of the record. Councilmembers Luxembourger and McGuigan expressed their concerns relative to the installation of COP neighborhood crime deterrent signs. The City Manager responded that he would report on the project at a later date. Councilmembers Acosta and Luxembourger reported that a hiring freeze on vacant positions be considered due to possible State cutbacks. The City Manager responded that staff closely monitors the budget and will recommend remedial action if required. Councilman Markel expressed his concerns relative to the historical value of the Minter House. RECESS EXECUTIVE SESSION immediately recessed for dinner. Council recessed to Executive Session at 5:22 p.m., and reconvened at 5:42 p.m., with the same members present, and Council met for dinner with members of the City's Executive Management team in the lobby of City Hall and at 7:15 p.m. proceeded to the corner of Santa Ana Boulevard and Ross Street for the City's annual community Christmas tree lighting ceremony. The Santa Ana Winds, under the direction of Bob Ward, performed a medley of Christmas carols and Santa arrived for the event to the delight of all children present. CITY COUNCIL MINUTES 408 DECEMBER 6, 1982 CERTifICATE OF REGISTRAR OF VOTERS TO ,,ESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I, A. E. Olson, Registrar of Voters of Orange County do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated with the General Election held on November 2, 1982. CITY OF SANTA ANA MEASURE "P" - CHARTER LANGUAGE YES 26,167 NO 11,660 MEASURE "Q" - CITY EMPLOYEES YES 22,457 NO 15,071 MEASURE "R" - BOARDS AND COMMISSIONS YES 23,972 NO 12,761 MEASURE "S" - PERSONNEL PROCEDURES YES 18,665 NO 18,608 MEASURE "T" - ELECTIONS YES 30,427 NO 6,921 TOTAL VOTES CAST: 44,859 I hereby certify that the number of votes cast for and against each measure as is set forth above appears in the Certified Abstract of Statement of the Vote entered in the Records of the Board of Supervisors of the County of Orange. WITNESS my hand and Official Seal this 15th day of November, 1982. Orange County STATEMENT OF VOTES CAST-- GENERAL CTION -- NOVEMBER 2, 1982 ORANGE COUNTY LOCAL MEASURES L N O P Q R S T ELECTION PRECINCTS ~ o ~ >, ~ eo t: ~ -- [__ 5 ~-~~ _IgZ _~2g 351 175 .......... J~r~5~-~{027~_ ~9 Ts 89 4c ...... __ 5 ~=~6~_~ 75~ ll~ 251 __if ......... __5~-~t~I___(0!0~% .... Il! _ll~._l~f ~lOt ~-~6~-~[OZ&61 ~3 ~ !09 7~ _ t ~1~3~8~ .~] _ 1~ _201 __7~ _, __ 13-~72L~477~ ICi _1~3 212 8~ ......... __~t~t~l) li_/~6 159 Js ....... __ !l-3!.t_13~67L Ti ._ 95 ~4 _13 ........... __5~386~L__(3t!SL _!~ _!4t ._15! ___9~ ................. 53-397-1 (0348)_ 6~ 13g 15~ ~t _ 53-*00-1 (0371[_ ~g 8~ 9~ 1[ ~s-o~8-i (0388) 159 71 15~ 83_xszi Tx l~] i~i'- i~i ~4 .__6_8~E51-~ (0458) 216 77 1 ~ J 11 J92 93 _}47 ~4[ ._ 253 ._. 6~-0~}~1_ {~i31L 212 61 J~.~7~_~99, 66 160 I0~ 232 t8-c56-1 (0~96) ~ 17~ 96 l~p 1~1 108 1~ 15~ 209 ~9 ~s-o6o-~ (os~i) i58 i~, i~:zLf~: x~ ............. L!22_ 161 ~198---' 80 68-067!~(~7~) .... 1X6 76_161 93 1~9 7g 122 !3!. 207 ~-p63Tl_~(o 341L ._ 1~0 59 _l~ 8~ _!95 __ 68 __10. __ Il ] _. 187 33 _~8-066~1 {0~59) 1~ i~ 13~ 5~ __1!] __.fi__Il!_-- 7; _ 156 .26 .. -68-068-1 (D408} 155 7~J31 9~J49 74_ 99__1Z~ _181 6~D69-1 ~} ~ 6~_[8~ 8B__!86 81 151 1Z~ 231 68-072-1 (0~35} ~- 1~ 95 1~ 118 15~ 1C* 126 13~ 197 6~ 68-o7~-I (0319) _ ~l! ~. Z8 ~gs ~ ~ ~0o ~..~4~ :~96 ~:~i-~jlT -~'~iS' '"~- 6~075-1 (0675} 2IE 108 19~ 128 199 115 158 161 259 59~ 68-078-1 {~Sii}' 187 1D8 151 135 17] _117_!21 _16f _..~_..65__ --6~-;~{;'~'---~0261} ........ 108 i? 8t-- 6~ -106 il 6~ 9[ 122 68-082-~ i026~) _. ?2 69 ~81 60.__ ~6 6] 53 8~ ~9 53 68-o83-~ ~}'-- ]~ ~T .......... z~z ~ol ]3T ~ _~oJ x~j ~6~ i 2839 34 64 13 63 74 RTATEMENT OF VOTES CAST-- GENER., _ECTION -- NOVEMBER 2, 1982 ORANGE COUNTY LOCAL MEASURES L N O P Q R S T ELECTION PRECINCTS ~ o ~ ~ c~ -c ~ ~ -- ~ ~ ~ _ ~ __ 68~0~ {D266} ln2 61 9a~ n~ _69 75 __ ~s:1~07~[0~63] iS0 7g l_~l ._10~ _!39 ~e3 _~OX_ ]Z9 .i73 5s t8-199-1 (OS?O} 859 108 198 16] ZO8 119 STATEMENT OF VOTES CAST-- GENEH,~,L ELECTION -- NOVEMBER 2, 1982 ORANGE COUNTY LOCAL MEASURES L N O P Q R S T ~_~. ~_ ~293 .6532 ~ ~7ZO -- ~ ~25 ~ Z2637 17635 8659 _ aBSENTEE TOTAL 289 ~3 695 511 71~ 58~ 91; 851 GRA~ TOTAL ~7791 .lOel ~ L7685 ~6181 ~2451 ~3972 18665 30427 STATEMENT OF VOTES CAST-- GENERA ECT[ON -- NOVEMBER 2, 1982 ORANGE COUNTY LOCAL MEASURES L N O P Q R S T ELECTION PRECINCTS ~ o ~ >' co ~ c: ~ ~ · -- ~ - ~ o ~e~ ~ ~-- 0 e m.~ ~ ~ ~ ~ ~e e= o o c~ ~ --O c~ ~E~0 ~ ~ .- _.__~8-~ [0~9~L_ 198 75 16~ tn~ 1~ 98 l~_~ ~5 ~_68~316~L10~6~) 223 ~3 1~ ~ 193 ~73__1~_.1~2~9---~3 _ __~8~~~2) 182 9e 15~ 118 1~ _~_~J3~_21am_)e _ .~2~=~D~32} 1?6 55 1~ .8~ _1~[ ~ 70 _i~7_ 10~ _ 192 _ 33 .~68-~25-~(0~68) 168 59 1.0 8~._.1~2 ~_ 10? _111_192 __~[-~-h~301 } 9] 61 ~ 80 ~_7~ ~ 72 50 _ 102 __ 113 __. 68:3~R~5911 1BO ~ J~ ~ _18[ _~0 _129 _ ~i ~ __51 ~ ~8=3~9~(~85) ~O 52 171 76_191 52 1~7 _.~__ 226 29 _ 6~-~9-L{035~_ 71 58 7fl 5] 7Z__53 58 6[ ~ 77 .._ ~9 68-3~.(0!15 ) 131 Q8 _122 9~ lZZ __8~ __ 9~ _ Iii._ 160 __ 6~=~ 1.r ~(~IOL 215 112 ~ '._.131 ~188 ~7 __.1~8 _ 16~ 261 __ b~ _ 6~=~6~-~(051~} 159 67 13! 95_116__81_. 116_111 171 _ 5W .. _~ 68y 3 ~6.y_~D ~871 ~__ 12g 73 __1 L5 ~ 87_ 123__7e 91 __. I1~ 139 53 68-367-1 (038~1 ........ J~8 62__13~ _101 150__.83_ 109 1201 203 -~6~L368-~-~-[O~L_ 1~8 36 ~ __.3 98 ~2~_ 80 62~ 117 27 __ 68T~71-1 (0323) ..... 1~ 50.__!.!C ~_7~116.__~_ 93.... 85i. 155 . ~:~LiO~!~} 188 66 151 102_.162 ~4._138 211~ __22~_ 32 _ 72-091-1 JQ62.~_) ___ - 72-092-1 {D357) ......... v~-ogi-~ ~o60~) ............... 72-U95-~ (03~} __~ PO_=I i~!~) .......... V2-~O~=l IOZm) ........ V2=~Oi-t Jail. IL_ _ ~ .......... ~V2=lOS-~iO~5!} ........... 72-197-1 (0.27} ................ 72-198-1 (0738} .................. 72-253-1 (06~7} __ --- 72-256-1 (0681) ................ 72-258-1 (D38~) 72-259-1 (0~55) ........... 72-260-1 (0677) 72-262-~ (D60%) 72-263-~ (O~30) 72-26~-~ 72~9-1 (O~lg) 72-27D-1 {~139)-- _ -- 72-271-1 {0~4 ) ~ ~ 72-3H-1 (0~95) -- 7Z-318-I The Council reconvened in the Chambers at 7:58 p.m., with all members present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Dr. Jack Pettigrew, First Christian Church. SPECIAL PRESENTATION Councilmember Patricia McGuigan, C.O.P. - McGUIGAN on behalf of C.O.P., presented the Councilmembers with jackets and caps signifying the Community- Oriented Policing program in the City of Santa Ana. CA 47 PUBLIC HEARING The Clerk of the Council reported APPEAL NO. 466 - VA 82-7 that she had received a telephone 1322 W. 5TH ST. request from Advanced Mobile Phone CONT'D TO 1/17/83 Service for a continuance of Appeal No. 466, appealing the Planning Commission's denial of Variance 82-7 to allow installation of a 154' antenna at 1322 West 5th Street. MOTION was made by Luxembourger, seconded by Acosta, to continue the matter to January 17, 1983, and requested that staff investigate to ascertain if there is any public interest in this variance. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.3 PUBLIC HEARING The Mayor opened the public APPEAL NO. 473 - CUP 82-14 hearing on Appeal No. 473, 1525 W. ALTON AVE. filed by Designer Shoe Ware- CONT'D TO 1/2/83 house appealing the Planning Commission's denial of Condi- tional Use Permit No. 82-14 to allow continued operation of a retail shoe sales business in an industrial park complex at 1525 W. Alton Avenue. The Chief of Planning presented the staff report and recommendations. The Clerk of the Council reported no written communications. Frank Valdez, 970 W. 17th Street, attorney representing the applicant, requested a 30-day continuance. John Croul, 1603 W. Alton, and Phil Boukather, addressed Council on this issue, assenting to the continuance. MOTION was made by Acosta, seconded by McGuigan, to continue the matter to January 3, 1983. CITY COUNCIL MINUTES 409 DECEMBER 6, 1982 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.4 PUBLIC HEARING The Mayor opened the public APPEAL NO. 474 - VA 82-15 hearing on Appeal No. 474, 302 S. NEWHOPE filed by Toyo Landscaping CA INSTRUCTED Company, appealing tile Planning Commission's denial of Variance No. 82-15 to allow a growing yard, office and vehicle storage at 302 S. Newhope. The Chief of Planning presented the staff report and recommendations. The Clerk of the Council reported two written communications, a letter and a petition against the appeal containing 20 signatures from William Hime. Peter Musielski, 335 Centennial Way, Tustin, attorney representing the applicant, spoke in favor of the appeal. William Hime, 4602 E. Don Place, spoke against the appeal. There were no other speakers. The Mayor closed the public hearing. Following discussion, MOTION was made by McGuigan, seconded by Markel, to approve and file the Negative Declaration, and instruct the City Attorney to prepare a resolution denying Appeal No. 474, denying VA 82-15, and affirming the decision of the Planning Commission. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.3 PUBLIC HEARING The Mayor opened the public A.A. 874 - 1007 FULLER ST. hearing on Amendment Applica- ORD. NO. 1663 - 1ST READ. tion No. 874, filed by Jasco & PUBLISH TITLE ~'---'-~ Chemical Corporation, to "'"~'~"'"'~"'"""' rezone property located at 1007 Fuiler Street, from the 0 (Open-space) District to the M2 (Heavy Industrial) District. The Chief of Planning presented the staff report and recommendations. The Clerk of the Council reported no written communications. There were no speakers on the matter. The Mayor closed the public hearing. MOTION was made by Acosta, seconded by Griset, approve and file the Nega- tive Declaration, and to place the following ordinance on first reading and authorize publication of title: CITY COUNCIL MINUTES 410 DECEMBER 6, 1982 ORDINANCE NO. NS-1662 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 874 TO REZONE PROPERTY LOCATED AT 1007 NORTH FULLER STREET FROM THE 0 (OPEN SPACE) DISTRICT TO THE M2 (HEAVY INDUSTRIAL) DISTRICT AND AMENDING SECTIONAL MAP NO. 7-5-9. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan None Serrato CA 10 PUBLIC HEARING ABANDON. UTIL. EASEMENT ALLEY/PARTON & GARNSEY RES. NO. 82-165 - ADOPTED Center Drive West. The Mayor opened the public hearing of the abandonment of a utility easement in a portion of an alley between Parton and Garnsey Streets, north of Civic The Clerk of the Council reported no written communications. There were no speakers on the matter. The Mayor closed the public hearing. MOTION was made by Griset, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 82-165 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PUBLIC SERVICE EASE- MENT LOCATED IN A VACATED ALLEY BETWEEN PARTON AND GARNSEY STREETS NORTH OF CIVIC CENTER DRIVE. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 14 PUBLIC HEARING The Mayor opened the public STREET VACATION hearing on vacation of a portion 9TH ST. RAITT/PACIFIC of Ninth Street between Raitt RES. NO. 82-166 - ADOPTED Street and Pacific Avenue. The Clerk of the Council reported no written communications. There were no speakers on the matter. The Mayor closed the public hearing. MOTION was made by Serrato, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 82-166 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF NINTH STREET BETWEEN RAITT STREET AND PACIFIC AVENUE. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None Note: See subsequent action on this matter on December 20, 1982. CA 14 CITY COUNCIL MINUTES 411 DECEMBER 6, 1982 EXEC. SESSION REPORT By way of action out of CLAYTON; PICKLES - Executive Session, MOTION CA AUTHORIZED was made by Luxembourger, seconded by Serrato, to authorize the City Attorney to settle the worker's compensation case of Robert Clayton, compromise and release, in the amount of $7,500.00. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None MOTION was made by Markel, seconded by Serrato, to settle the worker's compensation case of Margaret Pickles in the amount of $21,525.00. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 139 CHARTER LANGUAGE APRIL BALLOT By unanimous informal consent, the following was approved: 1) Election of Mayor was deferred to the November, 1983 election, or a subsequent election; 2) Election of Councilmembers by ward would be placed on the April 5, 1983 ballot (Councilman Markel was opposed to this action); and 3) The City Attorney was instructed to include language in the election ordinance pertaining to City board/commission members' terms running concurrently with Councilmembers' terms. CA 129A ORAL COMMUNICATIONS FAINBARG formed that this was a CRA item, and that CRA agenda for December 21, 1982. John Fainbarg, 2306 N. Rosewood, addressed Council regarding a Community Redevelopment Agency matter. Mr. Fainbarg was in- it would be agendized on the RECESS EXECUTIVE SESSION At 9:10 p.m., Council recessed to Executive Session and re- convened at 10:33 p.m., with all members present. ADJOURNMENT 831, City Hall, 20 Civic Center Plaza. CITY COUNCIL MINUTES At 10:33 p.m., by unanimous informal consent, Council adjourned to Monday, December 13, 1982, at 5:00 p.m., Room 412 DECEMBER 6, 1982