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HomeMy WebLinkAbout04-02-1979MINUTES OF THE REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 2, 1979 The meeting was called to order at 2:00 p.m. in the City Council Chambers, 22 Civic Center Plaza, by b{ayor Vernon S. Evans. ROLL CALL David Brandt, Vernon Evans, John Garthe, James Ward, Harry Yamamoto Gordon Bricken*, David Ortiz City Manager B.J. Thompson; City Attorney Keith Gow; Clerk of the Council Diedre' Lingenfelter; members of the staff and the press. ~Councilman Bricken arrived at 2:35 p.m. PLEDGE OF ALLEGIANCE INVOCATION Following the Pledge of Allegiance to the Flag, the invocation was given by Mayor Evans. RECESS - REGULAR MEETING HOUSING AUTHORITY Council members present. At 2:10 p.m. Council recessed to convene the regular meeting of the Housing Authority. At 2:12 p.m. the Council reconvened with the same CONSENT CALF~NDAR Item 5Awas removed from the Consent ITEMS Rt~4OVtD & Calendar by Brandt and items 2B, 5C, DISSENTING VOTES 5D, SE, 7A, 7B, and 7C were removed by Mayor Evans. Dissenting votes were registered on items 4A and 4E by Ward. CONSENT CALENDAR STAFF RECOFNENDATI ONS APPROVID MOTION was made by Garthe, sFconded by Brandt, to approve the staff recommend- ations on the following Consent Calendar items: AYES: NOES: ABSENT: BID CALLS BRANDT, EVANS, CARTHE, WARD, YAMAMOTO NONE BRICKEN, ORTIZ Approved plans and specifications and authorized advertisement for bids on the following: SPEC 79-010 - Purchase and installation of playground equipment for Edna, E1 Salvador, Center and Grant Parks. PROJECT 7229 - Construction of handball court lighting at Rosita and Campesino Parks. PROJECT 6148 - Construction of security lights at Flower Street Park. PROJECT 7238 - Construction of security lights at Santa Anita and Jackson Parks. PROJECT 8179, 8180 and 8181 - Installation of traffic signals at Edinger & Lyon, Warner & Wright, and Grand & St. Gertrude. CA 89 BID AWARDS Awarded the following bids on the basis of being the lowest responsible and responsive bidders in accordance with the Slmmlary of Bid reports submitted: CITY COUNCIL MINUTES 103 APRIL 2, 1979 SPEC 78-035 - Two con~oact sedans (replacements) (Building Safety) SPEC 79-004 - One 3/4 ton cab and chassis with refurbished animal control body (Police) SPEC 79-005 - Five unmarked Police cars (replacements) SPEC 79-006 - One portable defibrillator monitor scope (Fire) CA 89 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report of the following: GREENE, John and Carmel - 800 North Tustin - Original - Type "41" on-sale beer and wine (bona fide public eating place). Ward registered a NO vote. (Agenda Item 4A). DOB FOOD PRODUCTS, CO. - 2500 Red Hill - Person-to-Person transfer - Type "19" Industrial alcohol dealer. CA 146 SADLER ENTERPRISES, INC. - 2401 South Fairview - Original - Type "41" on-sale beer and wine (bona fide public eating place). PROTEST - PLANNING (minor exception required). CA 146.1 PRONTO MARKET NO. 1, INC. - 1303 North Main - Stock transfer - Type "21" off-sale general. KIM, Tae and Se - 233North Tustin #N - Original - Type "41" on-sale beer and wine (bona fide public eating place). Ward registered a NO vote. (Agenda Item 4B). CA 146 VARI~CE& B~B~I~S Commission MINOR Approved and filed Negative Declaration or Notice of Exemption, as applicable, and Findings of Fact by Planning or Zoning Administrator on the following: NEGATIVE DECLARATION AND VA 79-7 - Filed by Towner Manufacturing Company to replace and existing industrial building originally approved under Variance 72-80 at 2111 West Seventeenth in the Ri District. APPROVED. (Agenda Item 5B). CA 13 NOTICE OF EXE~4PTIONAND EX 79-8 - Filed by Carlos Diaz to expand an existing restaurant (Pantera Rosa), which has on- sale liquor and is located within 300 feet of residences at 2721 West Seventeenth in the C1 District. APPROVED. (Agenda Item 5F). CA 13.2 DEEDS WITH CASH & ESCROW - GRANTOR CITY Approved Deed and authorized execution of all necessary documents in connection with the sale by the Mayor and Clerk: CHI, Mark W. and Hal-Lee - Southwest corner Flower and Walnut- sale of surplus property by sealed bid auction approved by City Council on February 20, 1979. CA 155 FINAL TRACT MAP Approved the following final map accepted the dedications thereon, the bonds in the amounts set, and authorized execution of the subdivision agreement: TRACT MAP 10382 - Southwest corner Fifth Street and Newhope Street; 1 lot (Whitmor Homes, Inc.) GA 24 COMPLETION OF IMPRCrFt~NTS Authorized release of performance, monument, labor and material bonds on the following: CITY COUNCIL MINUTES 104 APRIL 2, 1979 TRACT 8704 - North side of Wellington Avenue and east side of Williams Street. TRACT 9444 - Southwest corner of Alton Avenue and Greenville Street. CA 24 AGREEMENTS Approved the following agreements and authorized execution by the Mayor and Clerk: S-1 STORM DRAIN - WASHINGTON AV~ & BRISTOL STREET - ENGINEERING SERVICES (PROJECT 8184) - Between City and Alderman, Swift and Lewis for final design, preparation of construction plans and special provisions for the extension of the S-1 storm drain in Washington Avenue. A-79-38 POLICE FACILITIES BUILDING - ANNEX BUILDING - ARCHITECTURAL SERVICES - Between City and Ralph Allen & Partners for architectural services related to alterations and renovations in the Police Facilities Building and the Annex BuildingA_79_39 STUDY & DESIGN OF COMPUTERIZED TRAFFIC SYST~ (PROJECT 8140) - Between City and Herman Kimm~l and Associates Incorporated for professional services in connection with study and design of said project. A-79-40 WIDENING OF BRISTOL STREET ANDWASHINGTONAVENUE - ENGINEERING SERVICES - Between City and W.R. Haynes and Company for design of the widening of said streets at Santa Ana College. A_79_41 LIABILITY CLAIMS Referred to administration liability claims received fromM arch 16 to March 28, 1979. CA 65.7b COUNCIL REFERRAL SU~Y Received and filed status report of matters referred to staff b~AC~.~il. * * * * * * * * * * *CONSENT CALENDAR FINIS* * * * * * * * * * * * * * * * DEAF/IvK1TE TELEPHONE (SPEC 79-011) CONTINUED TO EVENING SESSION FOR PUBLIC HEARING Mayor Evans stated Item 2B was removed from the Consent Calendar at the request of staff as it had been advertised for public hearing at 7:30 p.m. CA 140.20 NEGATIVE DECLARATION & VA 79-4 3220 SOUTH BRISTOL STREET CONTINUED MOTION was made by Brandt to set for public hearing Negative Declaration and VA 79-4. The motion FAILED for lack of a second. Mr. Jim McMahon, representing Pacific Telephone, spoke regarding the proposed expansion plans. He stated this was the last expansion of any degree at this facility, and there would not be any additional employees as a result of this proposed expansion. Following discussion, MOTION was made by Ward, seconded by Yamamoto, to approve and file the Negative Declaration and Findings of Fact by the Planning Commission of the NEGATIVE DECLARATION & VA 79-4 - filed by G.H. Scott to allow a 3,000 sq. ft. addition to an existing Pacific Telephone & Telegraph building located in the Mi District within 140 feet of property zoned R1 to exceed the maximum pe~nitted height of 35 feet by 2 feet and to waive the required 15-foot wide landscaped strip between the proposed building addition and adjacent Ri property at 3220 South Bristol in the M1 District, subject to Pacific Telephone filing a five-year expansion plan. The motion FAILED on the following vote: AYES: NOES: ABSENT: EVANS, WARD, YA~.IiMOTO BRANDT, GARTH~ BRICKEN, ORTIZ CA 13 CITY COUNCIL MINUTES 105 APRIL 2, 1979 MOTION was made by Ward, seconded by Yamamoto, to continue the matter to later in the meeting. AYES: NOES: ;d~SENT: BRANIFF, EVANS, CARTHE, WARD, YAMAMOTO NONE BRICKEN, ORTIZ ORDINANCE NO. NS-1470 OFF-STREET PARKING/STORAGE OF PERSONAL PROPERTY - CONTINUED TO MAY 7~ 1979 ~OTION was made by Yamamoto, seconded by Garthe, to continue consideration of Ordinance No. NS-1470 to Mmy 7, 1979. AYES: NOES: ABSENT: BRANDY, EVANS, GARTHE, WARD, YAMAMOTO NONE BRICKEN, ORTIZ CA 78 ORDINANCE NO. NS-1481 AMENDMENT APPLICATION #810 SOUTH SIDE OF SANTA CLARA EASTERLY OF CONCORD STREET SECOND READING; ADOPTED ~,IOTION was made by Yamamoto, seconded by Ward, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1481 - An ordinance of the City of Santa Ana approving Amendment Application No. 810 to prezone property located on the south side of Santa Clara Avenue easterly of Concord Street in the County of Orange to the R2 (Single Family Residence) District, and amending Sectional District Map No. 5-5-9. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, WARD, YAMAMOTO NONE BRICKEN, ORTIZ CA 10 ORDINANCE NO. NS-1482 REDEFINE "FAMILY"/LIMIT THE OCCUPANCY OF DWELLINGS SECOND READING; ADOPTED ~DTION was made by Garthe, seconded by Yamamoto, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1482 - An ordinance of the City of Santa Ana amending Section 41-59 of the Santa Ana Municipal Code and adding Section 41-192 thereto to redefine "Family" and limit the occupancy of dwellings. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, WARD, YAMF~KYFO NONE BRICKEN, ORTIZ CA 78 RESOLUTION NO. 79-48 AUTHORIZING APPLICATION FOR GRANT FOR C05{~JNITY ORIENTED COMPREHENSIVE CRIIv~ PROGRAM ADOPTED MOTION was made by Brandt, seconded by Garthe, to adopt the following resolution: RESOLUTION NO. 79-48 - A resolution of the City Council of the City of Santa Ana authorizing the Chief of Police to submit application for grant for Sant~Ana Community Oriented Comprehensive Crime Prg~ram. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, WARD, YAMAMOTO NONE BRICKEN, ORTIZ CA 47 RESOLUTION NO. 79-49 CHANGE IN SALARY RANGE REHABILITATION PLANNING SPECIALIST ADOPTED MOTION was made by Ward, seconded by Brandt, to adopt the following resolution: CITY COUNCIL MINUTES 106 APRIL 2, 1979 RESOLUTION NO. 79-49 - A resolution of the City Council of the City of Santa Ana amending Resolution No. 58-281 to change the salary range assigned to the class of Rehabilitation Planning Specialist. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, WARD YA1,4KMOTO BRICKEN, ORTIZ CA 5O RESOLUTION NO. 79- 50 APPLICATION FOR SB 966 FUNDS FOR DEFERRED PAYMENT RBHABILI- TATION LOANS - ADOPTED MOTION was made by Garthe, seconded by Brandt, to adopt the following resolution: RESOLUTION NO. 79-50 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager to submit an application to the State of California, Department of Housing and Community Development, for SB 966 funds to be used for deferred payment rehabilitation loans. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, YAMAMOTO WARD BRICKEN, ORTIZ CA 87 RESOLUTION NO. 79-51 COUNTY COUNSEL TO DEFF~D TAXPAYER' S ACTION AGAINST CITY - ADOPTED MOTION was made by Garthe, seconded by Brandt, to adopt the following resolution: RESOLUTION NO. 79-51 - A resolution of the City Council of the City of Santa Ana requesting the County Counsel to defend a taxpayer's action brought against the City. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHB, WARD, YA~I~OTO NONE BRIC'N, ORTIZ CA 139 RESOLUTION NO. 79-52 ADJUSTING C~4PENSATION FOR CITY MANAGER & CLERK OF THE COUNCIL- ADOPTED MOTION was made by Ward, seconded by Garthe, to adopt the following resolution: RESOLUFION NO. 79-52 - A resolution of the City Council of the City of Santa Ana amending Resolutions 79-36 and 78-144 to adjust the co,~pensation fixed and established for the office of the City Manager and the office of the Clerk of the Council. AYES: BRANDT, EVANS, GARTHE, WARD NOES: YA~MOTO CA 50 ABSENT: BRICKEN, ORTIZ CA 75;79 RESOLUTION NO. 79-53 AFFIRMING PLANNING CO~ISSION DECISION RE VA 78-62 & DENYING APPEAL NO. 400 - CONTINUED TO EVENING SESSION ~TIONwas made by Ward, seconded by Garthe, to continue consideration of Resolution No. 79-53 to the evening session of this meeting. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, WARD, YAt4~vIOTO NONE BRICI<BN, ORTIZ CA 13.3 RESOLUTION NO. 79-54 SEFflNG REQUIREMENTS FOR SALE OF FIREWORKS ADOPTED MOTION was made by Ward, seconded by Brandt, to adopt the following resolution: CITY COUNCIL MINUTES 107 APRIL 2, 1979 RESOLUTION NO. 79-54 - A resolution of the City Council of the City of Santa Ana setting the permit fee, cleaning deposit, and insurance requirements for sale of fireworks. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, WARD, YAMAFf~O NONE BRICKEN, ORTIZ CA 64 REQUEST FOR FOUR-WAY STOP AT FOURTH MOTION was made by Yamamoto, STREET AND GOLDEN CIRCLE seconded by Ward, to refer to REFERRED TO STAFF Staff for report and recommendation the letter dated biarch 14, 1979, from L.C. "Bob" Albertson, Jr., President of Village Homes of California, requesting a four-way stop at Fourth Street and Golden Circle Drive. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHB, WARD, YAMAMOTO NONE BRICKEN, ORTIZ CA 18.3 REQUEST FOR RELOCATION OF THE BUS MOTION was made by Ward, seconded STOP AT CUBBON AND ~AIN STREETS by Yamamoto, to refer to Staff REFERRED TO STAFF for report and recommendation, a letter dated March 8, 1979, submitting a petition with thirteen signatures, requesting the relocation of the bus stop at Cubbon and ~ain Streets. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, WARD, YAMAMOTO NONE BRICKEN, ORTIZ CA 84 DISSOLUTION OF NEWPORT DRAINAGE In response to a letter dated DISTRICT - AUTHORIZED LETTER OF March 5, 1979, from Richard T. APPROVAL TO LOCAL AGENCY FORMATION Turner, Executive Officer of CO~ISSION Local Agency'Formation Conmission, requesting the City's position on the dissolution of the Newport Drainage District, MOTION was made by Garthe, seconded by Ward, to authorize and direct the Mayor to execute and deliver a letter to the Local Agency Formation Commission approving the proposed dissolution. AYES: NOES: ABSENT: BRANDT, EVANS, GARTHE, WTLRD, YAMAMOTO NONE BRI CKEN, ORTIZ Councilman Bricken joined the Council meeting at 2:35 p.m. FAIR HOUSING COUNCIL OF ORANG~ After consideration of the letter COUNTY SERVICES CONTRACT dated March 26, 1979, fromMary A~NDED CONTRACT APPROVED Miller, Chairperson, Board of Directors, Fair Housing Council of Orange County, MOTION was made by Yamamoto, seconded by Bricken, to reconsider the contract approved at the March 19, 1979, Council Meeting. AYES: NOES: ABSENT: BRANDT, BRICREN, GARTHE, WARD, YA~iAMOTO EVANS ORTIZ ~ry Miller, Chairperson of the Board of Directors of the Fair Housing Council of Orange County, stated that twenty percent of the clientele of the Council are residents of Santa Ana; that Santa Ana's proportionate share of the costs is more than the $15,000 asked for at the beginning of the fiscal year; and that if that allocation is not made, the Fair Housing Council must discontinue its services to Santa Ana as of April 2, 1979. Following Ms. Miller's comments, MOTION was made by Bricken, seconded by Ward, to approve an additional $5,000 for a total of $7,500 for the Fair Housing Council to provide housing services to the City of Santa Ana for Fiscal Year 1978-79. CITY COUNCIL MINUTES 108 APRIL 2, 1979 AYES: NOES: ABSENT: BRICKEN, GARTHE, WARD, YAMAMOTO BRANDT, EVANS ORTIZ A-79-33 REQUEST FOR SUPPORT OF YELLOW CAB APPLICATION FOR EXCEPTION FROM THE FEDERAL MANDATORY PETROLEI~ ALLOCATION REFERtLED TO STAFF FOR RF=OORT ON. PURCHASE AND TO TRANSPORTATION ADVISORY CO~ITTEE REGARDING APPLICATION FOR EXCEPTION The MOTION by Ward to continue this matter to the next Council meeting failed for lack of a second. MOTION was made by Brandt, seconded by Garthe, requesting Staff to report on the status of the purchase of the Yellow Cab Company of Santa Ana, and requesting the Transportation Advisory Committee to provide a report and recommendation on the letter dated March 20, 1979, from Herman R. Tate, President of Orange Coast Yellow Cab, Inc. for Council support of his application to the U.S. Department of Energy for ex6eptiOnfrom the Federal Ymndatory Petroleum Allocation. AYES: NOES: ABSENT: BRANDT, BRICKEN, GARTHE, WARD, YAM&MOro EVANS ORT IZ CA 26.1 HYLAND AVENUE STORM DRAIN PLAN & SPECIFICATIONS - CONSTRUCTION DOCL~NTS - APPROVED MOTION was made by Ward, seconded by Garthe, to approve the plans, specifications and contract documents for construction of the Hyland Avenue Storm Drain. AYES: NOES: ABSt~rr: BRANDT, BRICI~, EVANS, GARTHE, WARD, YAM~OrO NONE ORTIZ CA 7O The Public Works Director stated that the project cost is approximately $1,400,000 of which the County of Orange will fund 50% and the remaining 50% will be shared equally by the Cities of Costa Mesa and Santa Ana. MINIMU~ STANDARDS FOR SANITARY WASTE COLLECTION FROM CO~RCIAL AND INDUSTRIAL AREAS - COUNCIL REFERRAL NO. 17-78 - REFERRED TO STAFF FOR ADDITIONAL RESEARCH ON STANDARDS MOTION was made by Ward, seconded by Brandt, to refer the standards for sanitary waste collection from commercial and industrial areas back to Staff for further review and recommendation. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YAMAMOTO ORTIZ CA 11.1 NORTH/SOUTH ALL-STAR FOOTBALL GAME MOTION was made by Yamamoto, AUTHORIZED RENTAL OF STADIUM seconded by Garthe, to authorize Staff to rent Eddie West Field- Santa /Ina Stadit~n for the Brea Lions Club football game at the special flat rate of $750., with a two- year option at rates to be negotiated annually as approved and recommended to Council by the Board of Recreation and Parks. AYES: NOES: ABSENT: BRANDT, BRICI<EN, EVANS, GARTHE, WARD, YAMAMOrO NONE ORTIZ CA 52.8 MOBILE HOME PARK STUDY Following the oral report by RATIFIED ORAL REPORT AND AUTHORIZATION the City Manager, MORION was CONTINUED MONITORING OF CO~NrFi'hE made by Ward, seconded by Brandt, PROGRESS to ratify the connnents of the City Manager; authorized staff to continue to monitor the progress of the Mobile Home Park Committee; and authorized use of City facilities for committee meetings. CITY COUNCIL MINUTES 109 APRIL 2, 1979 AYES: NOES: ABSENT: BRANDT, BRICKEN, EYANS, GARTHE, WARD, YAM~MOTO NONE ORTIZ CA 16 The City Manager stated that he had attended a meeting of the Con~mittee on March 29, with representatives of both the mobile home park owners and the coach owners and observers from the Apartment Association of Orange County and the Housing Advisory Con~nittee; that agreement was obtained to avoid government involvement or membership on the Committee. Four statements of the purpose of the Conanittee were developed as guidelines: 1) To provide an organization to advise residents and owners to find rm~tually acceptable solutions to problems, and to improve resident and owner conmmnications and cooperation. 2) The Committee will consist of seven members, three residents of mobile home parks and three owners of mobile home parks. The seventh member will be selected by the unanimous vote of the other six members, that member nmst be a resident of Santa Aha and have no connection with a governmental agency. 3) The Committee will establish its own objectives and define the format on which it will operate to further these goals and objectives. 4) Procedures will be developed by the Con~nittee to provide a means to receive, examine and assist all parties to reach a mutually acceptable solution to their problems. The basis shall be the creation of the process which will not be coercive, but with voluntary cooperation as a primary goal. City Manager Thompson advised Council that the next meeting of the Committee would be held April 19, 1979, in the City Library. STANDARD-MINNIE STREET MOTION was made by Garthe, APART~NT CONCERNS seconded by Brandt, to receive FILFJ] and file the report dated March 28, 1979, prepared by the Deputy City Manager regarding the concerns associated with the Standard-Minnie Street Apartments. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, h~J~D, YAMAMOTO NONE ORFIZ CA 99.3 Emma Reddick, 1222 Halladay, spoke in favor of the cleanup of the Standard- Minnie Street Apartments. HIRING FREEZE EXE~ION Hiring Freeze exemptions requests REQUESTS submitted by the Building Safety and Housing Department, the Library, the Personnel Department and the Police Department were acted on as follows: MOTION was made by Ward, seconded by Garthe, to gran~ the hiring freeze exemption and authorize the hiring of one Plumbing Inspector. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YAMAMOTO ORTIZ MOTION was made by Brandt, seconded by Ward, to grant the hiring freeze exemption and authorize the hiring of one Electrical Inspector. AYES: NOES: ABSSNT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YAMAMOTO ORTIZ CITY COUNCIL MINUTES 110 APRIL 2, 1979 MOTION was made by WarS, seconded by Brandt, to grant the hiring freeze exemption and authorize the hiring of one Building Inspector. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YA~4OTO ORTIZ MOTION was made by Garthe, seconded by Brandt, to grant the hiring freeze exemption and authorize the hiring of one Librarian II. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YAMAMOTO ORTIZ MOTION was made by Brandt, seconded by Garthe, to grant the hiring freeze exemption and authorize the hiring of one Librarian I. AYES: NOES: ABSENT: BRANDT, BRICKEN, GARTHE, WARD EVANS, YAMAMOTO ORTIZ MOTION made by Garthe to grant the hiring freeze exemption and authorize the hiring of one Personnel Analyst failed for lack of a second. MOTION made by Garthe to grant the hiring freeze exemption and authorize the hiring of one Personnel Assistant failed for lack of a second. MOTION was made by Garthe, seconded by Brandt, to grant the hiring freeze exemption and authorize the hiring of one Safety Analyst. AYES: NOES: ABSENT: BRANDT, BRICKEN, GARTHE, WARD EVANS, YAMAMOTO ORTIZ MOTION was made by Garthe, seconded by Brandt, to grant the hiring freeze exemption and authorize the hiring of five Typist Clerk II's (Police Department). AYES: NOES: ABSENT: BRANDT, EVANS, GARTHB, WARD BRICKEN, YAMAMOTO ORTI Z CA 5O NEGATIVE DECLARATIONANDVARIANCE APPLICATION 79-4 - 3220 S. BRISTOL APPROVED MOTION was made by Yamamoto, seconded by Evans, to approve and file the Negative Declaration and Findings of Fact by the Planning Commission. AYES: NOES: ABSENT: BRICKEN, EVANS, GAP, THE. WARD. YAMAMOTO BRANIIF ORTIZ CA 13 Donald Hobson. 1600 North Broadway. representing tenants at Versailles on the Lake and Hearthstone. requested that Conditional Use Permits 78-23. 78-28, and 78-36 be set for public hearing; that these three projects and that three on the evening agenda represent over 1,000 rental units to be converted to condominiums, in addition to 2,000 units already approved by the City; that the Planning Commission on its last meeting approved 209 more units for conversion resulting in one out of every six rental units in the City to be converted to condominiums; that only about 20% of the tenants are able to purchase the units; and that there will soon be increased pressure for rent control. CITY COUNCIL MINUTES 111 APRIL 2, 1979 NEGATIVE DECLARATION AND ~40TION was made by Ward, seconded CONDITIONAL USE PERMIT 78-28 - by Brandt, to approve and file 1400 W. WARNER the Negative Declaration and APPROVED WITH CONDITION Findings of Fact by the Planning Commission with the condition that the applicant assure in a letter that at least 10% of the units of the project be sold to non-occupying investor buyers so that such units would remain available for rentals to the public. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD, YAMAMOTO NONE ORTIZ CA 13.2 NOTICE OF EXEMt~ION AND MOTION was made by Ward, CONDITIONAL USE PEP~IT 78-36 - seconded by Bricken, to receive 1000 W. MAC ARTHUR and file Notice of Exemption APPROVED WITH CONDITION and approve Conditional Use Permit 78-36 and Findings of Fact by the Planning Commission upon receipt of a letter from the applicant with the assurance that at least 10% of the units of the project will be sold to non-occupying investor buyers so that such units will remain available for rentals to the public. AYES: NeE S: ABSENT: BRANDT, BRICKEN, EVANS, WARD GARTHE, YAMAMOTO ORIIZ CA 13.2 TENTATIVE TRACT MAP 10602 WARNER AVENUE & TRACT MAP 10643 - MAC ARTHUR BLVD. APPROVED ~.~OTIONwas made by Ward, seconded by Brandt, to approve Tentative Tract Maps 10602 and 10643, subject to conditions contained in the Planning Director's report, and to waive alley requirements. AYES: NOES: ABSF~NT: BRANDT, BRIC~BN, EVANS, WARD GARTHE, YAMAMOTO ORTIZ CA 24 NOTICE OF EXt~4PTIONAND CONDITIONAL MOTION was made by Ward, USE PERMIT 78-23 - 1000 CABRILLO PARK seconded by Brandt, to approve DRIVE - APPROVED WITH CONDITION and file the Notice of Exemption and Findings of Fact by the Planning Commission upon receipt of a letter from the applicant with the assurance that at least 10% of the units of the project will be sold to non-occupying investor buyers so that such units will remain available for rentals to the public. AYES: NOES: AB SKNT: BRANDT, BRICKEN, EVANS, WARD GARTHE, YA~I~O ORTIZ CA 13.2 TENTATIVE TP~CT MAP 10580 - }~3TIONwas made by Brandt, FRUIT & CABRILLO seconded by Ward, to approve APPROVED Tentative Tract },~p 10580, subject to the conditions contained in the Planning Director's report, and to waive alley requirements. AYES: NeE S: ABSENT: BRANDT, BRICKEN, EVANS, GARTHB, WARD YAMAMOTO ORTIZ CA 24 ORAL COF~UNICAT ION CITY SERVICES TASK FORCE CO~ITTEE as a task force to review city services. included in the budget review process. Councilm~n Bricken reminded Council that it had appointed a Citizens Committee to act Heasked that the Committee be GA 79 CITY COUNCIL MINIFFES 112 APRIL 2, 1979 ORAL CO~BIL~qlCAT ION RESOLIIFION NO. 79-58 IN SUPPORT OF PERIPHERAL CANAL - ADOPTED MOTION was made by Garthe, seconded by Brandt, to adopt the following resolution: RESOLUTION NO. 79-58 - A resolution of the City Council of the City of Santa Ana, California, supporting the peripheral canal legislation. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD, YAMAMOTO NONE ORTIZ CA 57 EXECUTIVE SESSION meeting was reconvened at 3:35 p.m. At 5:25 p.m., Mayor Evans recessed the meeting to hold an executive session for legal and personnel matters; the ORAL COFIqUNI CATION RESOLUTION NO. 79-55 SALARY OF EXECUTIVE DIRECTOR REDEVELOP~NT - ADOPTED MOTION was made by Brandt, seconded by Bricken, to adopt the following resolution with the adjusted salary effective April 1, 1979: RESOLUTION NO. 79-55 - A resolution of the City Council of the City of Santa Ana amending Section 3 of Resolution No. 58-281 to reallocate the classification of Executive Director - Redevelop- ment Agency to a more equitable salary range. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YAMAMOTO ORTIZ CA 50 ORAL CO~{~IJNICATION RESOLUTION 79-56 SETTLING ACTION - MICHAEL WARD ADOPTED MOTION was made by Garthe, seconded by Brandt, to adopt the following resolution: RESOLUTION NO. 79-56 - A resolution of the City Council of the City of Santa gna authorizing settlement of a certain action for damages against the City. (Michael Ward)~ AYES: NOES: ABSENT: BR~T, BRICKEN, EVANS, GARTHE, WARD, YAMAMOTO NONE ORTIZ CA 139 ORAL COb~IJNI.CATION Mayor Evans asked that Council- SANTA ANAATHLETIC CLUB men remaining on the Council CLOSURE OF PARTON STREET after April 10 be aware that BETWEEN 3RD & 4TH STREETS there is concern on the part of the owner of the Santa Ana Athletic Club about arrangements to protect access to his restaurant (Chappy's) during the construction of the Van Engen Development next door; and that he intends to delay signing the Quitclaim to the property vacated as Parton Street until he receives assurance of adequate access and lighting of the access to his restaurant when the proposed project is completed. CA 29.1 RECESS At 3:45 p.m. Mayor Evans recessed the meeting for dinner beginning at 5:30 p.m. at the Camelot Restaurant. RECONVENED Following dinner at the Camelot Restaurant, the meeting was reconvened at 7:30 p.m. with Councilman Ortiz absent. CITY COUNCIL MINUTES 113 APRIL 2, 1979 INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Nosrat Solhjoo, member of the Bahai faith. CERTIFICATE OF APPRECIATION JACK O'DELL - TRAC Councilman Brandt.presented a Certificate of Appreciation to Jack O'Dell, fomer member of the Transportation Advisory Committee. PUBLIC HEARING MOTION was made by Garthe, CABLE TV FRANCHISE seconded by Brandt, to continue CONTINUED TO JUNE 4 to June 4, 1979, the public hearing of the application of Six Star Cablevision, Inc. for a nonrexclusive, fifteen-year franchise for a comnunity antenna television system to serve customers throughout the City of Santa Ana. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD, YAMAMOTO NONE ORTIZ CA 130.4 PUBLIC HEARING - VA 78-63 The Mayor opened the public 1244 S. BRISTOL hearing to consider the Negative -VARIANCE DENIED Declaration and Variance Application No. 78-63 to allow the construction of a small parking lot to be used in conjunction with expansion of an existing bakery, which would not be integrated with existing parking at 1244 South Bristol and 1312 West Wilshire in the C1 and C5 Districts, set for hearing by Council on March 12, 1979. The staff report was given by the Assistant Planner. The Clerk reported there were no written conmmications. There were no speakers for or against the proposed variance. The Mayor closed the public hearing. MDTIONwas made by Yamamoto, seconded by Ward, to approve and file the Negative Declaration and adopt a resolution approving Variance Applica- tion No. 78-63, affiming the decision of the Planning Commission. NDTION FAILED on the following vote: AYES: NOES: ABSENT: WARD, YAMAMDTO BRANDT, BRICKEN, EVANS, CCd{THE ORTIZ MOTION was made by Brandt, seconded by Garthe, to approve and file the Negative Declaration and adopt a resolution denying Variance Applica- tion No. 79-63, overruling the decision of the Planning Commission. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YAMAMOTO ORTIZ CA 13.3 APPEAL NO. 397, CUP 78-20 The Mayor opened the public 2221 LENITA IANE hearing to consider the Notice CUP APPROVED of Exemption and Appeal No. 397, TRACT-~526 - APPROVED filed by Tallas Margrave, agent for the property owners, of the Planning Commission denial of Conditional Use Permit 78-20, to allow conversion of twenty-two apartment units to condomini~as at 2221 Lenita Lane, referred back to Planning Comission by Council on November 20, 1978. CITY COUNCIL MINUFES 114 APRIL 2, 1979 The staff report was given by the Assistant Planner. The Clerk reported there were no written commmications. William C. Holzwarth, Attorney, 4350 Von Karman, Newport Beach, spoke in favor of the Appeal, representing Mr. and Mrs. Ken Foster, owners. In order to comply with Planning Comnission requirements, he stated they were willing to meet the additional requirements, and offered to set aside 20% of the total traits for purchase by non-resident investors so that such units would be available as rental units. Speakers in opposition to the Appeal were: Paul Cornish, 2221 B. Lenita Lane, #16 Abraham Pariser, 2221 E. Lenita Lane, #18 Mr. Cornish presented a petition containing eleven signatures in opposition. There were no other speakers. The Mayor closed the public hearing. FDTtON was made by Yamamoto to approve and file the Notice of Ex~nption and adopt a resolution to deny Conditional Use Permit 78-20, affirming the decision of the Planning Commission. There was no second to the motion. MOTION was made by Ward, seconded by Brandt, as follows: 1) to approve and file the Notice of Exemption; 2) to adopt a resolution approving Conditional Use Permit 78-20, overruling the decision of the Planning Commission with the added condition that 20% of the total number of units be retained as investment rentals or sold to non-occupancy investor owners; and 3) to approve Tentative Tract Map No. 10S26, filed on September 26, 1978, by Ken and Jan Foster, creating one C1 Lot to be used for residential condominiums (existing building), generally located on the north side of Lenita Lane, approximately 154 feet east of Tustin Avenue, subject to conditions in Planning Direc- tor's report. AYES: BRANDT, EVANS, GARTHE, WARD NOES: BRICK~N, YAMAMOTO CA 13.4 ABSENT: ORTIZ CA 24 APPEAL NO. 401 - CUP 78-32 The Mayor opened the public 3700 PLAZA DRIVE hearing to consider the Notice CUP APPROVED of Exemption and Appeal No. 401 TRACT---~642 - APPROVED of the Planning Commission denial of Conditional Use Permit 78-32 to allow conversion of 364 apartment units to condominiums in the R4 District at 3700 Plaza Drive (Versailles on the Lake). The staff report was given by the Assistant Planner. The Clerk read a written commmication received from Don Voronaeff of Versailles Developers dated April 2, 1979. Speakers in favor of the Appeal were: Douglas Dedds, Attorney at Law, 1020 N. Broad~ay Dennis G. Tyler, Attorney at Law, 1020 N. Broadway Mickey Madden, 2319 N. Rosewood Charles Kurz, 3700 Plaza Drive, G-PH-8 CITY COUNCIL MINUTES 115 APRIL 2, 1979 Mr. Kurz submitted a list of sixty-three people who, he stated, have expressed interest in buying condominium units. Speakers in opposition were: Ralph Echave, 3700 Plaza Drive, A-203 Harry Kuep, 3700 Plaza Drive Don Youngerman, 322S S. Sycamore Dolores Burton, 3700 Plaza Drive, L-PH-2 Robbie Edwards, 3700 Plaza Drive, D-PH-8 Sol Youngerman, 5700 Plaza Drive Mr. Sol Youngerman reminded Council of a petition presented to Council March 5, 1979, in opposition to the Conditional Use Permit. Con~nents were also made by: Mai Soetta, 3700 Plaza Drive Herbert Canon, 3700 Plaza Drive Howard Harrell, 3700 Plaza Drive, D-PH-12 Rebuttal statements were made by Dennis Tyler. He stated the Fire Code violations would be corrected, and that residents would be allowed up to $500 for moving expenses. Mayor Evans closed the public hearing. MDTION was mmde by Brandt, seconded by Ward, as follows: 1) to approve and file the Notice of Exemption; 2) to adopt a resolution granting Appeal No. 401, approving Conditional Use Permit 78-32 and overruling the decision of the Planning Commission, subject to the condition that 10% of the total nuanber of units be retained as investment rentals or sold to non-occupying investor buyers; and 3) to approve Tentative Tract Map No. 10642 filed on January 7, 1979 (revised Mmrch 8, 1979), by Don Voronaeff, creating three R4 lots; all proposed lots to be used for residential condominiums; generally located on the southwest corner of MacArthur and Plaza Drive; subject to conditions in Planning Director's report; and to waive alley requirements. AYES: NOES: ABSENT: BRANDT, BRICI(EN, EVANS, GARTHE, WARD YAMAMOTO ORTI Z CA 13.4 CA 24 APPEAL NO. 402 - CUP 78-26 2301-2347 E. SANTA CLARA APPEAL - DENIED; CUP APPROVED RESOLUTI0~-I~9-S7 --~ED TRACT MAP 10521 - APPROV~ The Mayor opened the public hearing to consider Appeal No. 402 of the Planning Commission approval of Conditional Use Permit 78-26 to allow conversion of 140 apartment units to condominiums in the R4 District at 2301-2347 East Santa Clara Avenue (Hearthstone Apartments). The Assistant Planner gave the staff report. Speakers in favor of the Appeal and in opposition to the Conditional Use Permit were: CITf COUNCIL MINUTES 116 APRIL 2, 1979 I i Burt Burquest, 2313-D E. Santa Clara Avenue Leon Hoolier, 2313-A E. Santa Clara Avenue Herbert Verdell, 2339-C Santa Clara Avenue Jeff Goodman, 2337-A E. Santa Clara Avenue Myrt Murphy Speakers in opposition to the Appeal and in favor of the Conditional Use Permit were: Don Kebell, 16152 Beach Blvd., Huntington Beach Tom Powell, Attorney representing the owners of Hearthstone Jean L. Marcus, Hearthstone Apartments Tannni Valle, Hearthstone Apartments Rebuttal statements were made by Mr. Burquest and Mr. Kebell. There were no further speakers for or against the Appeal. The Mayor closed the public hearing. MOTION was made by Brandt, seconded by Ward as follows: 1) To approve and file the Notice of Exenption; To approve and file the Planning Conmission Findings of Fact to deny Appeal No. 402, approve Conditional Use Permit 78-26 and affim the decision of the Planning Commission; and 3) To approve Tentative Tract Map No. 10521 filed on November 7, 1979, by Hearthstone II, Fund, Ltd., creating one lot to be used for residential condominiums, generally located on the northeast corner of Pasadena Avenue and Santa Clara Avenue; subject to conditions in Planning Director's report, and subject to receipt of a letter from Hearthstone II, Fund, Ltd., providing 10% of the total units shall be retained as rental units or sold to non-resident investor buyers. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YA~kMOTO ORTIZ CA 13.4 CA 24 MOTION was made by Brandt, seconded by ward, to adopt the following resolution: RESOLUTION NO. 79-57 - A resolution of the City Council of the City of Santa Ana affirming the decision of the Planning Commission granting Conditional Use Permit No. 78-26 and denying Appeal No. 402. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YANAMOTO ORTIZ CA 13.4 PUgLIC HEARING USE OF CD FUNDS DEAF/B~JTE TELETYPE APPROVED Handicapped, (SPEC 79-001). The Mayor opened the public hearing to consider the use of Community Development Con- tingency Funds for purchase of deaf/mute teletype for the The Staff report was given by the Assistant City Manager. The Clerk reported there were no written conmmmications. There were no speakers for or against the proposal. The Mayor closed the public hearing. CITY COL~qCIL ~INUFES 117 APRIL 2, 1979 MOTION was made by Brandt, seconded by Ward, to: l) Authorize the transfer of $3,000 from the Comunity Development Contingency Fund account to the Co~m~mity Development Deaf/ Mute Teletype purchase account as designated by the Finance Director; and 2) Authorize the purchase of a Deaf/Mute Teletype for the handicapped in accordance with the City's purchasing Ordinance. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD, YAMAMOTO NONE OR%IZ CA 140.20 RESOLUTION NO. 79-53 APPEAL NO. 400 - VA 78-62 910 N. FRENCH STREET CONTINUED TO MAY 7 b~DTIONwas made by Brandt, seconded by Garthe, to adopt Resolution No. 79-53, (continued from the afternoon agenda). MOTION FAILED by the following vote: AYES: NOES: ABSENT: BRANDT, BRICKEN, GARTHE EVANS, WARD, YAMAMOTO ORTIZ M(YrlON was made by Garthe, seconded by Brandt, to continue consideration of Resolution No. 79-53 to May 7, 1979. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WARD YA~IIMOTO ORTIZ CA 13.3 At 10:35 p.m., MOTION was made by Ward, seconded by Brandt, to adjourn the meeting to April 10, 1979, at 7:30 p.m., in the Council Chambers. AYES: NOES: ABSENT: BRANDT, BRICKEN, EVANS, GARTHE, WAPJ), YAMAMOTO NONE ORTIZ DI'L'DRE' LINGBNFELTER k ~ % CLERK OF ~3IE COUNCIL CITY COUNCIL MINUTES 118 APRIL 2, 1979