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HomeMy WebLinkAbout05-07-1984 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 7, 1984 The meeting was called to order at 1:20 p.m. by Mayor R. W. Luxembourger in Room 147, City Council Chambers, 22 Civic Center Plaza. Councilmembers present were John Acosta, Daniel E. Griset, P. Lee Johnson, Patricia A. McGuigan, Dan Young, and Mayor Luxembourger. Also present were City Manager Robert C. Bobb, City Attorney Edward J. Cooper, Clerk of the Council Janice C. Guy, and members of the City's Executive Management te~n, the public and press. Councilmsmber Gordon Bricken joined the meeting at 2:03 p.m. ALCOHOLIC BEVERAGES ZONING CODE CONTROLS The Director of Planning and Development Services presented proposed procedures for control of the proliferation of ABC licenses through imposition of land use controls. He noted that applications would be sorted into two categories, with those presenting potential problems, i.e., bars, mini-markets with gas stations, and liquor stores, requiring a conditional use permit; and those designated non-problem types, restaurants, markets, clubs, and florists requiring a land use certificate. He then responded to Councilm~mbers' questions on the subject. 10TH YEAR CDBG PROPOSED BUDGET The Interim Deputy Director of Operations reviewed the request received for funding from 10th Year Community Develo~x~ent Block Grant funds. Councilmember McGuigan requested that funding for mobile home rehabilitation be considered, and the City Manager noted that such an allocation would be made. In response to Councilmember Acosta's inquiry, the City Manager agreed to provide copies of the applications received to all the Councilmembers, to set thematter for discussion at the Work Study Session of May 14, and to provide comparison figures from last year's Community Development Block Grant budget. Vice Mayor Griset asked that administrative costs be related to total housing program dollars, and Mayor Luxembourger requested information on additional funding sources for those denied applicants. CITY ENTRY~AYS The Director of Planning and Develo~nent Services described the different types of entrywaymarkers depicting graphic presentations for median signs, neighborhood entryways, and major arterial entryway markers. He indicated that a letter had been sent to the community service clubs requesting that they formulate a plan for a major entryway sign with club embl~ns. CITY COUNCIL MINUTES 147 MAY 7, 1984 MOTION: Designate existing neighborhood entryway sign design as th~me for all future entryway sign installations withen~ineering differences the only permitted variation. MOTION: Young SECOND: Bricken VOTE: AYES: Acosta, Bricken, Griset, Johnsom, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 625.40 COUNCIL DAIS SEATING ARRANGEMENT Councilmember Johnson distributed a memo to Council dated April 23, 1984, prepared by Dori Kopacz, entitled "Survey of City Council Seating." Following discussion, the Council agreed to continue its present seating arrangement with the Councilmembers only seated at the raised dais in the Council Chamber. Councilmembers then discussed their concerns relative to Consent Calendar items. PASEO/MERCADO PROJECT MOTION: Designate Project 7700 named permanently as Paseo/Mercado. MOTION: Young SECOND: Johnson VOTE: AYES: Acosta, Bricken, Griset, Johnson, Luxembourger, Young NOES: McGuigan ABSENT: None PROJ. 7700 The Council recessed at 3:31 p.m., and reconvened in the Council Chambers at 3:40 p.m. with all members present. PLEDGE OF ALLEGIANCE TO THE FLAG INVOCATION - Councilmember Daniel E. Griset SPECIAL PRESENTATION - Procl~nation presented by Councilmember P. Lee Johnson to the Santa Ana Clerk of the Council staff proclaiming the week of May 13-19, 1984, as "Municipal Clerks' Week." CITY COUNCIL MINUTES 148 MAY 7, 1984 CONSENT CALENDAR Item 2lA was removed from the Consent Calendar. Councilmember Bricken registered "no" votes on Items 5E, 5F, 5G, 5H, 5I, 5J,and 5K. Councilmenber Johnson registered "no" votes on Items 5E, 5I, 5K, and 8A. MOTION: Approve staff recor~nendations on the following consent calendar items. MOTION: Acosta SECOND: McGuigan VOTE: AYES: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None 1. MINUTES MOTION: Approve. Regular Meeting of April 2, 1984. Special Meeting of April 6, 1984. Adjourned Regular Meeting of April 9, 1984. Regular Meeting of April 16, 1984. Adjourned Regular Meeting of April 23, 1984. 2. BID CALLS MOTION: CITY COUNCIL MINUTES Approve plans and specifications and authorize advertisement for bids. A. Fire Station 91 Image Improvement - Rec., Parks & Comm. Services/Public Works. PROJ. 7204 B. Repair Tile Floor in Basement of Police Building - Public Works. PROJ. 8004 C. Construction of Women's Shower Room in Basement of Police Building - Public Works. PROJ. 8495A D. Engineering Service for Construction of City Entry Treatments - Public Works/Planning. PROJ. 8589B E. Main Library Automatic Irrigation System - Rec., Parks & Comm. Services/Public Works. PROJ. 9081 F. 1 Trailer-mounted Air Compressor - Public Works/Trans. SPEC. 84-004 149 MAY 7, 1984 G. Annual Requir~nent Contracts - Public Works/Transportation. Paint, Traffic SP~C. 84-056 Water Meter Fittings SPEC. 84-072 Cold Water Meters - Cc~pound & Turbine SPEC. 84-073 Asbestos C~ment Pipe SPEC. 84-079 Fittings & Valves for Asbestos C~ent Pipe SPEC. 84-080 Fittings & Valves for Cast Iron Pipe SPEC. 84-081 Fire Hydrants SPEC. 84-085 Concrete Boxes & Manhole Frames with SPEC. 84-086 Fittings Portland C~ment Concrete SPEC. 84-134 Standard & Co~nercial Asphalt Concrete SPEC. 84-135 Cold Water Meters-Positive Displacement SPEC. 84-136 Cold Water Meters-Fire Service Type SPEC. 84-137 1 Conventional Cab and Chassis, Tand~ Axle Drive Truck with D~np Body - Transportation/Public Works. SPEC. 83-026 MOTION: Reject all bids on the basis that the lowest bid exceeds the Engineer's Estimate and readvertise for bids. I. Downtown Urban Improv~ent Plan Phase II (Paseo/Mercado) PROJ. 7700 3. BID A~RDS MOTION: Award in accordance with bid s%~ary report. Street improv~ent, Westminster Ave., Nancy Lane to Sydney Street - Public Works/Transportation; Hardy and Harper in the amount of $38,105.00. PROJ. 1430 Restroc~] Renovation at windsor, M~orial and Heritage Parks - Rec., Parks and C~L~%unity Services; Mr. Build Hyeland Pacific in the amount of $123,738.00. PROJ. 6165-C McFadden Avenue Bridge - Repair of Storm Damaged Founda- tion - Public Works; Gillespie Construction, Inc., in the amount of $47,447.50. PROJ. 7162 Construction, Development and Testing of Well ~32 in Morrison Park - Public Works; Stang Hydronics, Inc. in the amount of $110,348.00. PROJ. 7266 CITY COUNCIL MINUTES 150 MAY 7, 1984 Ee D~olition of Improwa~ents at Fire Station No. 9 and Training Center - Community Development/Public Works; Pomona Valley Equipment Rental in the amount of $29,022.00. PROJ. 9253 4. CHANGE ORDER MOTION: Approve. Traffic Signal - Santa Ana Boulevard/OCTD Terminal - Change Order No. 2; increasing in amount of $701.08. (4.42%) (Total c%m~ulative percentage 8.83%). PROJ. 5093 (8593) 5. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS MOTION: Receive and file staff reports. Original ne SUH, Kwang & Yong, 3121 S. Main #A, Original type "40" On-sale beer. Protests: Police - No. Planning - Yes, Minor Exception required. Be GEORIS, Gilbert, 2522 N. Gran~Prenises-to-Pr~mises transfer type "48" On-sale general, public premises. Protests: Police - No. Planning - Yes, Minor Exception required. Ce HAWA, Tony, 2431 N. Tustin #P&Q - Original Type "21" Off-sale general. Protests: Police - No. Planning - Yes, Minor Exception required. ROSS, Nita P., 1117 W. 17th - Original type "42" On- sale beer & wine, public praises. Protests: Police - No. Planning - Yes, Variance required. GODOY, Everardo, 2231-33 W. First - Original type "41" On-sale beer & wine, public eating replacing type "42." Protests: Police - No. Planning - Mo. (Councilmembers Bricken and Johnson registered "no" votes.) Others Fe PINO, Miguel and Martha, 2525 W. 17th ~A - Person-to-person type "40" On-sale beer. Protests: Police - No. Planning - No. (Councilm~mber Bricken registered a "no" vote.) CITY COUNCIL MINUTES 151 MAY 7, 1984 Ge SUPHOL, Penchit and Sa-Ard, 3710 W. 17th - Person-to-person transfer type "20" Off-sale beer & wine. Protests: Police - No. Planning - No. (Councilmember Bricken registered a "no" vote.) SAFEWAY STORES, INC., 1308 W. Edinger - Person-to-person transfer type "20" Off-sale beer. Protests: Police - No. Planning - No. (Councilmember Bricken registered a "no" vote.) KORT, Nancy N., 601 E. Central - Person-to-person transfer type "20" Off-sale beer. Protests: Police - No. Planning - No. (Councilm~mbers Bricken and Johnson registered "no" votes.) FRANK'S MARKET, 1730 E. 17th #H - Person-to-person transfer type "41" On-sale beer & wine. Protests: Police - No. Planning - No. (Councilmember Bricken registered a "no" vote.) KIM, Jhong K. and Joung-Ja, 2034 S. Main - Person-to-person transfer type "20" Off-sale beer & wine. Protests: Police - No. Planning - No. (Councilmembers Bricken and Johnson registered "no" votes.) FILE 405 8. MINOR EXCEPTION-VARIANCE MOTION: Approve and file Notice of Ex~ption, Negative Declaration, and Findings of Fact. NOTICE OF EXI~PTION & EX 83-50 - Filed by Target Enterprises to permit the establishment of a mini-market with off-sale beer and wine within an existing self-serve station at 1131 S. Main Street. Zoning Administrator's Decision: APPROVSD. (Councilmember Johnson registered a "no" vote.) FILE 625.35 NEGATIVE Dt~CLARATION & VA 84-2 - Filed by Joseph C. Truxaw & Assoc., Inc. to allow development of an auto parts store on property having less than the minimt~n area of 4 acres in the C4 District at 1200 E. McFadden. Zoning Administrator's Decision: APPROVED. FILE 625.45 CITY COUNCIL MINUTES 152 MAY 7, 1984 13. NOMINATION - APPOINT~NT A. NOMINATION MOTION: Accept nomination and set for consideration. Gale Fields, 1622 W. Willits St.; ncmination by Council- member Griset for Ward 5 representative to the Board of Recreation, Parks & Co, unity Services; partial term expiring 11/30/84 (replacing Zeke Garza). FILE 110.15 B. APPOINTMENT MOTION: Appoint. Pete Major, 923 N. Olive, reappointment to the Uniform Code Appeals Board; reco~raended by the Council Board and Cor~nission Policy Committee for a partial term expiring 11/30/86. FILE 110.15 14. UNINVESTIGATED LIABILITY CLAIMS MOTION: Receive and file. Claims received from April 6 through April 20, 1984. FILE 415 16. REPORTS TO FILE A. MONTHLY STATISTICAL REPORT - MARCH 1984 - CRIME AND ARREST INFORMATION FILE 715 B. PROCLAMATION REPORT FILE 120.20 C. BOARD AND CO~ISSION BIANNUAL ATTENDANCE REPORT FILE 110 D. FINDINGS OF FACT AND CONCLUSIONS OF LAW BY THE PERSONNEL BOARD - M. OSTLUND FILE 500 17. CONTINUE ITEMS MOTION: At the request of applicant and with the staff's concurrence, continue public hearing to June 4, 1984. NEGATIVE DECLARATIONS & APPEAL NO. 488 - CONDITIONAL USE PERMIT 83-6; APPEAL NO. 489 - VARIANCE 83-5 - 1351 E. DYER ROAD (Continued by Council on March 19, 1984.) FILE 625.15 625.45 CITY COUNCIL MINUTES 153 MAY 7, 1984 18. NOTICE OF PUBLIC HEARING MOTION: Reset for public hearing on June 4, 1984. UNDERGROUND UTILITY DISTRICT #22 - GRAND AVENUE AND DYER ROAD (Previously set for public hearing on May 7, 1984.) FILE 845 21. ORDINANCE - SECOND READING B. TRANSPORTATION SYSTEM IMPROV~I~ENT FEE Placed on first reading and authorized publication of title on April 16, 1984, by unanimous vote with Griset absent. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-1728 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-44 OF THE SANTA ANAMUNICIPALCODE TO EXCLUDE OFF-STREET VEHICLE PARKING FACILITIES FROM THE TRANSPORTATION SYSTEM IMPROVEMENT FEE. FILE 1000 1030 * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * 21. ORDINANCE A. ZONING REVISIONS TO IMPROVE R3 AND R3H STANDARDS FOR DEVELOPMENT Placed on first reading and authorized publication of title on April 2, 1984, by unanimous consent. MOTION: Continue consideration of ordinance to June 4, 1984, referring to staff for further study of Sections 4, 9, 16, 17, and any other sections that might be of specific concern to those who want to discuss the matter with staff. ORDINANCE NS-1726 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-260, 41-261, 41-262, 41-263, 41-264, 41-265, 41-266, 41-267, 41-275, 41-276, 41-278, 41-279, 41-280, 41-281 AND 41-282 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 41-268 AND 41-283 THERETO, TO REVISE THE DEVELOPMENT STANDARDS FOR THE R3 AND R3H USE DISTRICTS. MOTION: McGuigan SECOND: Acosta VOTE: AYES: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 625.55 CITY COUNCIL MINUTES 154 MAY 7, 1984 25. ORDINANCES REGULATION OF LAND USES FOR SALE OF ALCOHOLIC BEVERAGES, ESTABLISHMENT OF LAND USE CERTIFICATE MOTION: Continue consideration of ordinance to May 21, 1984, for deletion of Sections other than those contained in Section 5 of the proposed ordinance. ORDINANCE NO. NS-1729 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE LISTINGS OF USES PERMITTED AND THE USES SUBJEDT TO A CONDITIONAL USE PERMIT IN THE VARIOUS ZONING DISTRICTS, TO REVISE THE PROCEDURES FOR APPROVAL OF ESTABLISRMENTS SELLING ALCOHOLIC BEVERAGES, TO ESTABLISH A LAND USE CERTIFICATE PROCEDURE FOR CERTAIN USES, AND TO REVISE THE STANDARDS FOR APPROVAL OF CONDITIONAL USE PERMITS. MOTION: Griset SECOND: Bricken VOTE: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger McGuigan, Young Johnson None FILE 405 35. RESOLUTIONS A. NON-WORK RELATED ~MPLOYEE ACTIVITIES MOTION: Adopt resolution. RESOLUTION NO. 84-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REGARDING NON-W~)RK RELATED ~MPLOYEE ACTIVITIES. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young None None FILE 435.25 Be COUNTY AND GOVERNMENTAL AGENCY LEASING SPACE IN DOWNTOWN SANTA ANA MOTION: Adopt resolution. RESOLUTION NO. 84-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE COUNTY OF ORANGE AND OTHER GOVERNMENTAL AGENCIES TO GIVE PREFERENCE TO LEASING SPACE IN DOWNTOWN SANTA ANA. CITY COUNCIL MINUTES 155 MAY 7, 1984 MOTION: Johnson SECOND: Young SUBSTITUE MOTION: Instruct the Mayor to write a letter to the Board of Supervisors encouraging the County of Orange to give preference to leasing space in downtown Santa Ana. MOTION: Young SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young None None FILE 615.05 120.15 MOTION: Amend Resolution 84-54 substituting "ENCOURAGING" for "REQUESTING" and include Resolution as an attachment to Mayor's letter to the Board of Supervisors. MOTION: Young SECOND: Bricken AYES: NOES: ABSENT: Acosta, Bricken, Griset, Johnson, Lux~mbourger, McGuigan, Young None None FILE 615.05 120.15 45. CITY MANAGER ITEM PROPOSED CHANGES IN CITY'S ADMINISTRATIVE STRUCTURE It~n was continued by unanimous informal consent to May 14, 1984. FILE 130 60. MISCELLANEOUS ae APPROPRIATION ADJUSTMENT - TEMPORARY HOUSING AND RELOCATION ASSISTANCE PROGRAM Eugene Scorio, Executive Director of the Orange County Fair Housing Coucil, addressed the Council requesting more hl~nane code enforcement. Councilmembers discussed at length the proposed housing and relocation assistance program. MOTION: Approve Appropriation Adjustment No. 221 transferring $100,000.00 frc~ 135-147-Housing Impv.-Deferred/Rebates 1983-84 to 135-147-Housing Impv.-~nergency Loans 1983-84. (Requires five affirmative votes.) CITY COUNCIL MINUTES 156 MAY 7, 198~ MOTION: Griset SECOND: McGuigan An amendment proposed by Councilmember Young to award housing improv~nent amergency loans to only families with dependent children was agreed to by the maker and second. AMENDED MOTION: Approve Appropriation Adjust~nent No. 221 transferring $100,000.00 frc~ 135-147- Housing Impv.-Deferred/Rebates 1983-84 to 135-147-Housing Impv.-Emergency Loans 1983-84, contingent upon assistance being provided only to families with dependent children. VOTE: AYES: NOES: ABSENT: Griset, Johnson, McGuigan, Young Acosta, Bricken, Luxembourger None FILE 310.05 621 The motion failed. At Vice Mayor Griset's request, the Mayor instructed staff to include relocation funding assistance in the 10th Year CDBG budget. The Council recessed at 5:16 p.m. and reconvened at 5:36 p.m. with all members present. Be DOWNTOWN DEVELOPMENT COMMISSION AND CITY-~IDE DEVELOPMENT MARKETING PROGRAM (Appropriation Adjustments Nos. 215 and 216 continued by Council on April 23, 1984.) The Mayor announced that the Downtown Development Coranission and the City-Wide Develot~nent Marketing Program itams would be continued to June 4, 1984, at the request of the City Manager. FILE 617 C. CDBG FUNDING FOR YWCA TRANSITIONAL LIVING CENTER MOTION: 1) Approve Appropriation Adjustment No. 225 transferring $21,000.00 from 135-149- Cormnunity Development Block Grant (CDBG) Funds/Proj. 7279 Contingency 1981 to 135-149- Conmunity Development Block Grant (CDBG) Funds/PROJ. 7618 Y~ZA Housing for Wc~en 1981 (requires five affirmative votes); and FILE 310.05 CITY COUNCIL MINUTES 157 MAY 7, 1984 2) Approve grant of $21,000.00 to YWCA with the following conditions: a) the funds be used only for temporary housing; b) once a facility has been found, the City's Real Estate staff determine whether the lease payments are reasonable; and c) the staff issue a Notice and Order to the Y~CA to abate the present sleeping arrangements of the homeless wemen within thirty days. MOTION: Young SECOND: Bricken VOTE: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Young Johnson None FILE 610.05 65. COUNCIL AGENDA ITEMS SEPARATION OF HOUSING ADVISORY COb~IISSION AND HUMAN RELATIONS COb~ISSICN (REQUESTED BY COUNCILM~MBERS JOHNSON AND YOUNG) MOTION: Instruct staff to prepare a plan to separate the Housing and H~uan Relations Cc~missions into two separate bodies with incumbents to remain on the H~uan Relations Co~auission, returning said plan t0Counci for approval on June 4, 1984., MOTION: Young SECOND: Johnson AYES: NOES: ABSENT: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young None None FILE 110.15 The Council recessed to the Housing Authority at 6:09 p.m., reconvened at 6:13 p.m., and iramediately recessed to dinner. RECONVENE - 7:30 P.M. - City Councilmembers Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young. PLEDGE OF ALLEGIANCE I~.~ATION The Reverend O. Blake Woolbright, Bristol Street Baptist Church, 1818 S. Bristol, Santa Ana. CITY COUNCIL MINUTES 158 MAY 7, 1984 PROCLAMATIONS - Councilm~mber Patricia A. McGuigan read a proclamation to the audience proclaiming the month of May, 1984, as better Speech and Hearing Month." Proclamation presented by Councilm~mber Gordon Bricken to MiChael Gooing, D.C., of the Orange County Chiropractic Society, proclaiming the month of May, 1984, as "Correct Posture Month." Barney Griffith, Exalted Ruler of Santa Ana Elks, presented a $5,000.00 check to the City for purchase of a police patrol dog. check was accepted byCouncilmember John Acosta. The PRESENTATION - Certificates of Recognition presented by Mayor Luxembourger to the Participants in Student Govern- ment Day - April 26, 1984. FILE 120.35 PUBLIC HEARINGS The Mayor announced that the hearing on the 10th Year CDBG Proposed Budget, It~n No. 79, would be continued to May 21, 1984, at 7:30 p.m., in the Council Chambers. 75. NOTICE OF EX~PTION AND EX 83-41 - 2406 W. EDINGER AVenUE (Public Hearing held March 19, 1984; reset for further public hearing April 2, 1984.) Filed by Ben C. Munoz to permit the off-site sale of beer and wine in an approved convenience market located at 2406 West Edinger Avenue. Recor~nended for approval by the Zoning Administrator on December 14, 1983. The Mayor opened the public hearing on Minor Exception 83-41. The Director of Planning and Development Services presented the staff report and recon~endations. The Clerk of the Council reported a written communication from the Santa Ana Unified School District opposing Minor Exception 83-41. CITY COUNCIL MINUTES 159 MAY 7, 1984 The following persons spoke in favor of Minor Exception 83-41: Rudy Montejano, 888 W. Santa Ana Blvd., presenting two petitions--one consisting of 650 names and the second of 90 names. Bob Lopez, 18199 Blueridge Rd. Fred Munoz Manuel Esqueda, 1206 W. Walnut Clara Nava, 2823 North Bristol Hector Godinez, 433 W. Santa Clara Bob Lopez spoke for Adolfo Lopez, 108 W. 4th Street Thomas Munoz spoke on behalf of the Munoz family. The following persons spoke in opposition to Minor Exception 83-41: Dan T. Gonzalez, 2321 S. Manitoba Dr. Clinton Rogers, 1519 W. Wilshire Frank Jordan, 2429 W. Edinger Patricia Clark, 2422 W. Hood Robert Mendez, 1670 W. Cubbon St. Celia Mendez, 1670 W. Cubbon St. There were no further speakers on the matter. The Mayor closed the public hearing. MOTION: Approve and file Notice of Exemption, and instruct the City Attorney to prepare a resolution granting EX 83-49 and affirming the decision of the Zoning Administrator. MOTION: Young SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, Young Griset, Johnson, McGuigan None FILE 625.35 76. NOTICE OF EX~PTION AND EX 83-49 - 2217 W. FIRST STREET (Set for public hearing on March 19, 1984.) Filed by George Mantas to allow on-sale beer & wine in an existing restaurant at 2217 W. First Street in the C2 District. Approved by the Zoning Administrator on February 15, 1984. The Mayor opened the public hearing on Minor Exception 83-49. The Director of Planning and Development Services presented the staff report and recon]nendations. The Clerk of the Council reported no written cor~nunications. CITY COUNCIL MINUTES 160 MAY 7, 1984 Jack Kayajania spoke in favor of Minor Exception 83-49. There were no further speakers on the matter. The Mayor closed the public hearing. MOTION: Approve and file Notice of Exemption, and instruct the City Attorney to prepare a resolution granting EX 83-49 and affirming the decision of the Zoning Administrator. MOTION: Acosta Second: Griset VOTE: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Young Bricken, Johnson, McGuigan None FILE 625.35 77. APPEAL NO. 504 - EX 84-7 - 2431 N. TUSTIN AVENUE Filed by Tony Hawa to permit the off-site sale of general liquor products in a new convenience market at 2431 N. Tustin Avenue. Denied by Zoning Administrator on March 21, 1984. The Mayor opened the public hearing on Appeal No. 504. The Director of Planning and Development Services presented the staff report and recoranendations. The Clerk of the Council reported no written communications. Tony Hawa, 2225 E. Mayfield, Orange, spoke in favor of Appeal No. 504. Mary Ellen Primm, 2226 E. Grov~mont, spoke in opposition to Appeal No. 504. There were no further speakers on the matter. The Mayor closed the public hearing. MOTION: Approve and file Notice of Exemption, and instruct the City Attorney to prepare a resolution denying EX 84-7 and affirming the decision of the Zoning Administrator. MOTION: Bricken SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Young Johnson None FILE 625.35 CITY COUNCIL MINUTES 161 MAY 7, 1984 78. NOTICE OF EXEMPTION AND EX 84-5 - 3522 W. FIRST STREET (Set for public hearing on April 16, 1984.) Filed by Huu Hal Vo to permit the establishment of a new restaurant with on- sale beer and wine, Type 41, Alcoholic Beverage Control License at 3522 W. First Street. Approved by the Zoning Administrator on March 21, 1984. The Mayor opened the public hearing on Minor Exception 84-5. There were no speakers on this matter. The Mayor closed the public hearing. MOTION: Approve and file Notice of Exemption, and instruct City Attorney to prepare a resolution approving EX 84-5 and affirming the decision of the Zoning Administrator. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Johns(m, Luxembourger McGuigan, Young None None FILE 625.35 79. APPROVAL OF 10TH YEAR CDBG PROPOSED BUDGET Continued to May 21, 1984. FILE 610.05 ORAL COM~tUNICATIONS Naoma Capps, 1401 West Cubbon, addressed Council complaining that the City's ice cream truck ordinance was ineffective and that push carts were insufficiently regulated. The City Attorney responded that an ordinance regarding the regulation of push carts was scheduled for the June 4, 1984, agenda and the City Manager indicated that staff would more stringently enforce the ice cream truck ordinance. Robert Mendez, 1670 W. Cubbon, addressed Council inquiring as to whether a million dollar insurance policy was still required for attainment of an ice cream truck license. The City Manager indicated staff would investigate and respond to Mr. Mendez and the Council. Jeffrey Mah, 2310 S. Lowell, addressed Council complaining about the lack of enforcement against littering. CITY COUNCIL MINUTES 162 MAY 7, 1984 COUNCIL COM~UNICATIONS In response to Councilmember Young's question, the City Manager responded that no report was yet available concerning the appointment of a youth representative to the RecreationB0ard and Parks. Councilmember Young also requested that Section 17204, legislation regarding sl~n landlords be referred to Senator Royce since overtures to Assemblyman Robinson's office had not produced a response. Councilmember Acosta cautioned the staff to be very careful when preparing language for materials inserted into the water bills, stating that the difference between "lawn" and "yard" had created some difficulties in the last water bill mailing. He also ~equested that a staff person be assigned responsibilty to see that the air conditioning in the Council Chambers was functioning effectively on meeting nights. Councilmember Bricken requested that staff investigate possible amendments to Code Enforc~nent procedures, including amendment of the ordinance to require that every rental unit have an assigned agent, that all units over a certain number (perhaps 10) have a resident manager, that signed rental agreements with enforceable subleting clauses be required, and that staff investigate other regulations which would assist with occupancy regulation. In response to Councilmember Bricken's inquiry as to the number of needed code enforc~nent officers, the City Manager responded that five were being requested in the 1984-85 budget and that he would have a report to the Council on May 14, 1984, regarding the additional expense. Councilmember Bricken also requested that the possibility of purchase of helicopter for the Police Department be reex~nined and/or a tri-city agreement investigated relative to helicopter surveillance services. The Mayor read a letter to the Council from Supervisor Roger Stanton informing the City that the Board of Supervisors had approved Arterial Highway Financing of $583,000.00 to match dollar-for-dollar City funds, and indicated he would send a thank-you to Supervisor Stanton on the City's behalf. At 10:04 p.m., the Council recessed to Executive Session and reconvened at 10:42 p.m., with all members present. CITY COUNCIL MINUTES 163 MAY 7, 1984 EXECUTIVE SESSION REPORT MOTION: Instruct the City Attorney to settle the case of Sandra Ortiz v City of Santa Ana in the amount of $10,000.00. MOTION: Johnson SECOND: McGuigan VOTE: AYES: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 410.10 MOTION: Authorize acceptance of a $3,266.65 settlement in the case of Santa Ana v. DeCrux. MOTION: Johnson SECOND: McGuigan VOTE: AYES: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 410.10 MOTION: Authorize contribution of $500,000.00 towards settling the case of Rawlv. the City of Santa Ana. MOTION: Johnson SECOND: McGuigan VOTE: AYES: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 410.10 MOTION: Authorize settl~nent of the Workers' Ccmpensation case of Robert Lacy for a Compromise and Release in the amount of $80,000.00. MOTION: Johnson SECOND: Acosta VOTE: AYES: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 410.10 MOTION: Authorize an offer of settlament as requested by Howard Hay of Paul, Hastings, Janofsky and Walker in the amount of $15,000.00 on behalf of eight employees/defendants in Sanchez et al v. the City of Santa Ana et al. CITY COUNCIL MINUTES 164 MAY 7, lS84 MOTION: Young SECOND: McGuigan VOTE: AYES: Acosta, Bricken, Griset, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 410.10 MOTION: Authorize an agre~nent with Petersen and Fergusen for legal services in connection with Sanchez et al v. City of Santa Ana et al. MOTION: Young SECOND: Acosta VOTE: AYES: Acosta, McGuigan, Young NOES: Bricken, Griset, Johnson, Luxembourger ABSENT: None The motion failed. FILE 410.10 The Mayor requested that the City Attorney attend a reception along with the members of the Executive Board of the Greater Santa Ana Chamber of Cormlerce and the City Council at the First American Title Building on May 8, 1984, at 5:30 p.m. At 10:46 p.m., the meeting was adjourned by unanimous informal consent to Monday, May 14, 1984, Room 831, City Hall. CITY COUNCIL MINUTES 165 MAY 7, 1984