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HomeMy WebLinkAbout07-02-1979MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA July 2, 1979 The meeting was called to order at 2:05 p.m. by Mayor James E. Ward in the City Council Chambers, 22 Civic Center Plaza. The following members of Cotmcil were present: Gordon Bricken, Daniel E. Griset, R. W. Luxembourger, J. Ogden Markel, A1 Serrato, Harry K. Ya, mmoto and Mayor. Ward. Also present were staff members City Manager/Acting Clerk of the Counci.1 B. J. Thompson, City Attorney Keith L. GOw, ~nd Deputy Clerk of the Council Martha Lee. INVOCATION PI,FDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Council- man Markel. RECESS - REGULARMEETING At 2:10 p.m. Council recessed HOUSING AUTHORITY to convene the regular meeting of the Housing Authority; at 3:20 plm. the Council meeting was reconvened with all members of Council present. TAX COLLECTOR'S SALE #1268 As recommended in the report 20~H S%REET, WEST OF SANTA ANA FREEWAY dated June 28, 1979, prepared PURCHASE APPROFED by the Executive Director o£ Redevelopment and Housing, MOTION was made by Bricken, seconded by Griset, to direct staff to advise the County Tax Collector that the City does not consent to the sale of Assessor's Parcel 003-111-16, property located on East Twentieth Street between Bush Street and the Santa Ana Freeway; to approve the purchase of the property for use in connection with the Mead Housing Program; to authorize expenditure of $5,000.00 therefor; and to authorize the Mayor and Clerk to exec~lte all n~cessary documents in connection with the pur- chase. (Agenda Item 67) AYES: NOES: BRICK~N, GRISET, L~URGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 45.3 CA 78.6 CONSENT CALFArOAR ITtBI5 REMOVED 4C, 5B and 12 A and B by Yamamoto. The following items were removed from the Consent Calendar: Items 3A and 18 requested by Luxembourger; Items 7D and 10 by Markel; Items CONSENT CALENDAR STAFF RECOMVlF2qDAT IONS APPROVED MOTION was made by Luxembourger, seconded by Bricken, to approve the following Consent Calendar items. AYES: NOES: BRICKEN, GRISET, LUXBMBO~G~, MARKEL, SERRATO, WARD, YAMAMOTO MINUTES meeting of June 23, 1979. Approved the Minutes of the regular meeting of June 18 and the Adjourned Regular CITY COUNCIL MINUTES 219 JULY 2, 1979 CONSENT CALENDAR STAFF RECONlv~ZDATIONS APPROVED - Continued BID CALLS following: Approved plans and specifica- tions and authorized adver- tisement for bids on the SPEC 79-021 - One Survey Truck (replacement). PROJECT 4043 - Construction of a Storm Drain in McFadden Avenue between Cedar Street and Standard Avenue. BID AWARDS Awarded the following on basis of lowest responsible and responsive bidder: SPEC 79-014 - Breathing Apparatus Components; awarded to Wardlaw Fire Equipment Company, La Habra, in the amount of $57,324.01. SPEC 79-024 - Quadrant "B" Tree Trimming; awarded to George the Tree Man, Inc., Buena Park, in the amount of $24,444.00. ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff report of the following: SOUTHLAND CORP., AL-SMADI, Haifa M. & Hasan D. - 1220 N. Bristol - Person-to- Person Transfer - Type "20" Off-sale Beer and Wine. SCHOEPF, John R. & Sheila S. - 2510 South Bristol - Person-to-Person Transfer - Type "41" On-sale Beer & Wine, Public Eating Place. KWAK, Haeng I~oo & Tai Hee - 2525 W. l?th St. #H - Person-to-Person Transfer - Type "41" On-sale Beer & Wine, Public Fating Place. VARIANCE & Approved and filed Negative CONDITIONAL USE PERMITS Declaration or Notice of Exemption, as applicable, and Findings of Fact on the following: NOTICE OF EXEMPTION & VA 79-17 - Filed by Whitmore Homes, Inc., to allow a duplex, exceeding the density requirement of 6,000 sq. ft. per unit at 4917 W. Fifth Street in the RI District. APPROVED. NEGATIVE DECLARATION & CUP 79-10 - Filed by The Stevens Group, Ltd., to construct a 16-unit condominium development at 520-528 E. Walnut Street in the R 3H District. APPROVED. NEGATIVE DECLARATION & CUP 79-11 - Filed by The Stevens Group, Ltd., to construct a 15-unit condominium development at 502, 506, 510, 512 E. Pine Street in the R 3H District. APPROVED. NEGATIVE DECLARATION & CUP 79-14 - Filed by The Stevens Group, Ltd., to construct a 33-unit condominium development at 702, 718 E. Chestnut Avenue in the R 3H District. APPROVED. CA 89 CA 89 GA 146 CA 13 CA 13.1 CITY COUNCIL MINUTES 220 JULY 2, 1979 CONSENT CALENDAR STAFF RECONNENDATIONS APPROVED - Continued TENTATIVE PARCEL & Approved and filed the TRACT MAPS Negative Declarations, approved the following maps subject to conditions contained in Planning Director's reports; and waived alley requirement on Parcel Map 79-890: NEGATIVE DECLARATION & TRACT MAP 10723 - Filed on April 12, 1979, by the Stevens Group, Ltd., creating 1 lot, proposed lot to be used for residential condomini~ns; located generally on the southeast corner of Pine and Oak Streets. NEGATIVE DECLARATION & TRACT MAP 10724 - Filed on April 12, 1979, by the Stevens Group, Ltd., creating 1 lot, proposed lot to be used for residential condominiums; located generally on the southwest corner of Walnut and Hickory Streets. NEGATIVE DECLARATION & TRACT MAP 10755 - Filed on June 1, 1979, by the Stevens Group, Ltd., creating 1 lot, proposed lot to be used for residential condominiums; located generally on the southeast corner of Chestnut Avenue and Halladay Street. NEGATIVE DECLARATION & PARCEL MAP 79-890 - Filed on May 31, 1979, by the Robert P. Warmington Company, creating two C2 lots; generally located on the southeast corner of Main Street and Mac Arthur Boulevard. FINAL TRACT MAP Approved the following map, accepted the dedications thereon, and the bonds in the amounts set, and authorized execution of the subdivision agreement: TRACT 9963 - Southeast corner of Kent Avenue and Newhope Street; 5 lots. COMPLETION OF IMPR~S on the following: Authorized release of performance, monment, labor and material bonds TRACT 9207 - Southeast corner of Cabrillo Park Drive and Wellington Avenue. BOARDS & CO~NISSIONS Accepted with regret the resignation contained in the letter dated June 18, 1979, from Lora L. Ward, resigning from the Orange County Health Planning Council; directed the Clerk to post the vacancy; and authorized preparation of recognition for service. Accepted the following nominations for consideration of appoint- ments on July 16, 1979: Nominations by Councilman Bricken for Ward 1 reappointments: Robert Newcomb nominated for Community Redevelop- ment Con:nission, for a second term ending June 30, 1983. CA 24 CA 25 CA 24 CA 24 CITY COUNCIL MINUTES 221 JULY 2~ 1979 CONSENT CALENDAR STAFF RECOFI~4ENDATIONS APPROVED - Continued Ann Famalaro nominated for Personnel Board, for a first full term ending June 30, 1983. Nomination by Councilman Serrato for Ward 4 appoin~nent: Rudy Francis nominated for H~nan Relations/Housing Advisory Commission, for a second term ending August 1, 1983. Nominations by Councilman Markel for Ward 6 appointment: Everett Parks nominated for Bowers Museum Board, for a second term ending June 30, 1983. John Kane nominated for Hunan Relations/Housing Advisory Commission to replace Roy Uno, for a first term ending August 1, 1983. Appointed the following: Steve Knoblock, at-large representative, Civic Center Commission, partial term ending June 30, 1981 (replac- ing Fred Siffermann). Howard Way, at-large representative, Project Area Committee, new term ending June 30, 1980. Philip Reber, at-large representative, Board of Recreation and Parks, second term ending June 30, 1983. Charles Mosley, at-large representative, Transpor- tation Advisory Committee, partial term ending December 31, 1979 (replacing Jack O'Dell). Thomas Thorkelson, Ward 7 representative, Bowers Museum Board, partial term ending June 30, 1980 (replacing Manuel Esqueda). Ted Jesse, Ward 7 representative, Community Redevel- opment Commission, second term ending June 30, 1983. Marjorie Ruschak Hudson, Ward 7 representative, Library Board, partial term ending June 30, 1982 (replacing Irma Gutierrez). Jacqueline Spanley, Ward 7 representative, Personnel Board, first full term ending June 30, 1983. Michael Madzoeff, Ward 7 representative, Project Area Committee, new term ending June 30, 1980 (replacing Albert Alves). Evelyn Gardiner, Ward 3 representative, Project Area Committee, new term ending June 30, 1980. Billy Greenberg, Ward 1 representative, Project Area Committee, new term ending June 30, 1980. LIABILITY CLAIMS Referred to administration claims received from June 13 to June 26, 1979. CA 80.9 CA 65.7D CITY COUNCIL MINUTES 222 JULY 2, 1979 CONSENT CALENDAR STAFF REO~NDATIONS APPROVED - Continued COUNCIL REFERRAL SUNNARY as recomnended in the report. Received and filed repSrt of items referred to staff by Council; deleted items PROCLAMATIONS to June 26, 1979. Received and filed report of proclamations issued by the Mayor from June 13 CITY COUNCIL APPOI~S & MEETINGS Received and filed report of Council activities from June 18 through July 1, 1979. * * * ~ * CONSENT CALENDAR FINIS ~ * * * * CA 80.2 CA 46 CA 80.18 BID AWARD - SPEC 78-024 MULTI-CFANNBL lOGGING SYSTEM APPROVED bidder: MOTIONwas made by Luxembourger, seconded by Bricken, to award the following on the basis of lowest responsible and responsive SPEC 78-024 - Multi-channel Logging System (Police Department); awarded to Stancil-Hoffman Corporation, Hollywood, in the amount of $20,758.00. (Agenda Item 3A) CA 89 AYES: NOES: BRICKEN, GRISET, LU~GER, MARKBL, SERRATO, WARD, YAMAMOTO NONE ABC LICENSE APPLICATION MDTION was made by Bricken, 104 E. FOURTH STREET seconded by Yamamoto, to RECEIVED & FILED WITH PROTBST receive and file the staff report of the following, and to direct the City Attorney to file a letter of protest with the Alcoholic Beverage License Control Board because of overconcentration of bars and high crime rate in the area: CONTRERAS, Salvador - 104 East Fourth Street - Person-to-Person Transfer - Type "40" On-sale Beer. (Agenda Item 4C) CA 146.1 AYES: NOES: BRICKBN, GRISET, LUXtB~OURG~, MARKEL, SERRA~, WARD, YAMAMOTO NONE Councilman Yamamoto left the Council Chamber. CONDITIONAL USE PERMIT 79-8 801 S. LYON STREET SET FOR PUBLIC HEARING JULY 16 MOTION was made by Bricken, seconded by Serrato, to set the following for public hearing on July 16, 1979: NEGATIVE DECLARATION & CUP 79-8 - Filed by Lyon Street Apartments #2 to convert 184 apartment units to condo- miniums at 801 South Lyon Street in the R4 District. APPROVED. (Agenda Item 5B) AYES: NOES: ABSENT: BRICKEN, GRISET, LUX~OURGBR, MARKBL, SERRATO, WARD NONE YAMAMOTO CA 13.3 CITY COUNCIL MINIFI~S 223 JULY 2, 1979 TENTATIVE PARCEL MAP 79-884 801 S. LYON STREET SET FOR PUBLIC H~ARING JULY 16 MOTION was made by Bricken, seconded by Griset, to set the following for public hearing on July 16, 1979: NEGATIVE DECLARATION & PARCEL MAP 79-884 - Filed on March 22, 1979, by Lyon Apartment Company #2, creating 1 parcel to be used for residential condominiums; generally located on the east side of Lyon Street, 1,540 feet south of Chestnut Avenue; waiver of alley requirement requested. (Agenda Item 7D) AYES: NOES: ABSENT: BRICKEN, GRISET, LIPXEMBO~GER, MARKEL, SERRATO, WARD NONE YAMAMOTO AGENDA ORDER - PUBLIC HEARING MOTION was made by Bricken, AMENDB~NT APPLICATION #815 - NS-1494 seconded by Serrato, to 801 S. LYON STREET continue the public hearing CONTINUED TO JULY 16 scheduled, for the evening session for consideration of Negative Declaration and Amendment Application No. 815 to rezone property located on the east side of Lyon Street between Chestnut and McFadden Avenues from the A1 (General ARricultural) District to the R4 (Suburban Apartment) District. (ORDINANCE NO. NS-1494) (Agenda Item 76) AYES: NOES: ABSENT: BRICKEN, GRISET, LUX~MBOURGER, MARl(EL, SERRATO, WARD NONE YAMAMOTO CA 25 CA 10 CHANGE ORDER - PROJECT 8154 STP. EET REPAIR & RESURFACING APPROVED MOTION was made by Bricken, seconded by Griset, to approve the following Change Order: PROJECT 8154 - Street Repair and Resurfacing Backlog - Change Order No. 1, increasing the total contract in the amoumt of $23,571.00 (13.87%). (Agenda Item 10) CA 89 AYES: NOES: ABSENT: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD NONE YAMAMOTO Councilman Yamamoto returned to the Council Chamber. AGREM~NTS HOUSING REPLAC~v~2qT PROGRAM APPROVED MOTION was made by Bricken, seconded by Luxembourger, to approve the following agree- ment: HOUSING REPLACEMENT PROGRAM - Between City and Mead Housing Assistance Corp. for the moving and rehabilita- tion of houses, College Expansion Area. (Agenda Item 12A) AYES: NOES: BRICKEN, GRISET, LUXtB~BOURGER, SERRATO, WARD MARK~L, YAMA~DTO MOTION was made by Bricken, seconded by Griset, to approve the following agreements: HOUSING REPLAC~2qT PROGRAM - Between City and certain Project applicants to provide the financing and other A-79-81 CITY COUNCIL MINUTES 224 JULY 2, 1979 I I I costs related to the move of replacement homes to applicants' property. (Agenda Item 12B) A-79-82 AYES: NOES: BRICKEN, GRISET, LUX~MBOURGER, SERRATO, WARD MARKEL, YAMAMOTO EXCEPTIONS TO HIRING FREEZE MOTION was made by Serrato, HIRING FREEZE seconded by Luxembourger, to APPROVED approve the following exceptions to the hiring freeze for positions in the salary range of 423 or higher, and to authorize filling the positions, as recomnended in the report dated June 26, 1979, prepared by the Fire Chief (Agenda Item 18): 1 Battalion Chief position 1 Captain position CA 5O AYES: NOES: BRICKBN, GRISET, LUXIIMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO RECESS At 3:50 p.m. Council recessed to 4:00 p.m.. All Council members remained present. O~INANCE NO. NS-1490 ~GANAREA ADOPTED MOTION was made by Bricken, seconded by Serrato, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1490 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING DIVISION 28 TO ARTICLE III OF CFAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE ZONING REGULATIONS FOR A NEW USE DISTRICT SUFFIX TO BE KNOWN AS THE X-SUFFIX, AND REZONING THE MAJOR PORTION OF THE PROPERTY LOC~fEO WITHIN THAT AREA OF THE CITY KNOWN AS THE LOGAN AREA FROM THE M2 (HEAVY INDUSTRIAL) DISTRICT, PARTLY TO ~HE R2-X (MULTIPLE FAMILY RESIDENCE, X-SUFFIX) DISTRICT, AND PARTLY TO THE M2-X (HEAVY INDUSTRIAL, X-SUFFIX) DISTRICT, AND REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON AVENUE AND CUSTER STREET FROM THE M2 (HEAVY INDbISTRIAL) DISTRICT TO THE C2 (G~NERAL CO~RCIAL) DISTRICT, AND AMENDING SECTIONAL DISTRICT MAP NO. 7-5-9. AYES: NOES: CA 78.6 CA 10 BRICKFiq, GRISET, LUXI~IBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE RESOLUTION NO. 79-100 REQUESTING COUNTY COUNSEL TO DEFEND TAXPAYER'S ACTION - ADOPTED MOTION was made by Luxembourger, seconded by Bricken, to adopt the following resolution: RESOLUTION NO. 79-100 - 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. (Security Pacific National Bank) CA 139 AYES: NOES: BRICKEN, GRISET, LUXYmMBOURGER, MARKBL, SERRATO, WARD, YAMAMOTO NONE CITY COUNCIL MINUTES 225 JULY 2, 1979 RESOLUTION NO. 79-101 APPLICATION FOR GRANT - POLICE ADOPTED MOTION was made by Bricken, seconded by Yamamoto, to adopt the following resolution: RESOLUTION NO. 79-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO SUBMIT APPLICATION FOR GRANT FOR SANTA ANA'S CAREER CRIMINAL APPREHENSION PROGRAM. CA 47 AYES: NOES: BRICKI~, GRISET, L~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE RESOLUTION NO. 79-102 POLICE RECORDS ADOPTED MOTION was made by Serrato, seconded by Yamamoto, to adopt the following resolution: RESOLUTION NO. 79-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A RECORDS RETENTION SCHEDULE FOR THE POLICE DEPARTMENT AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE THEREWITH. CA 47 AYES: NOES: BRICKEN, GRISET, LUXt~MBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE RESOLUTION NO. 79-103 EIV~LOYEE BENEFITS & SALARIES ADOPTED MOTION was made by Bricken, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 79-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTIONS 58-281, 74-162, 77-84 AND 79-36, EACH AS AMENDED, TO CONVERT A PREVIOUSLY- GRANTED EMPLOYEE BENEFIT IMPROVENMA~ TO A SALARY RANGE ADJUSTMENT FOR CERTAIN CLASSES OF EMPLOYNMNT LISTED IN SAID RESOLUTIONS. CA 50.1 AYES: NOES: BRICKEN, GRISET, LUX~qBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE RESOLUTION NO. 79-104 CLASS TITLES; SALARY RANGES - DIRECTOR OF FINANCE & COMMUNITY RESOURCES SUPERVISOR - ADOPTED MOTION was made by Bricken, seconded by Ward, to adopt the following resolution: RESOLUTION NO. 79-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 58-281 TO CHANGE SEVERAL CLASS TITLES AND ADJUST THE SALARY RANGE OF TWO POSITIONS IN ACCORDANCE WITH PROVISIONS OF THE RECENTLY-APPROVED ADMINISTRATIVE REORGANIZATION PLAN. AYES: NOES: BRICKEN, GRISET, SERRATO, WARD LIFXEMBOURGER, MARKEL, YAMAMOTO CA 50.1 COVEPAraMENTAL AGENCY PARKING LOT BID CALL - PROJECT 7301 APPROVED Bricken, seconded by Yamamoto to: As recommended in the report dated June 20, 1979, prepared by the Director of Public Works, MOTION was made by 1) Approve expenditures from the Civic Center Parking-Maintenance Fund for the construction of a govermnental agency vehicle parking lot at the northeast corner of Santa Ana Boulevard and Flower Street in the amount of $100,000.00; and CA 77.5 CITY COUNCIL MINUTES 226 JULY 2, 1979 MOTION was rode by Ward, seconded by Bricken, to approve an emergency property rehabilitation loan with CDBG revolving funds in the mount of $5,500.00, to eliminate existing unsanitary conditions in the home of Lilly Lockner. CA140.20 AYES: NOES: BRICK~N, GRISET, LUX~v~OURGER, MARKBL, SERRATO, WARD, YAMAMOTO NONE FIRE DEPARTMENT INSPECTIONS MOTION was made by Bricken, HAZARDOUS CHEMICAL STORAGE seconded by Griset, to receive RECEIVED AND FILED and file the report prepared by the Fire Chief, dated June 27, 1979, reporting the findings of hazardous chemical storage in City schools made by the Fire Department inspections. CA 151.23 CA 38 AYES: BRICKEN, GRISET, LUXRqBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE Staff was directed to transmit the report to Norman Nienstedt (City Council Minutes May 21, 1979), and the Santa Aha Unified School District Board, for their information, by unanimous informal Council consensus. ~LOYEE SERVICE AWARDS MOTION was made by Serrato, METHOD OF DISTRIBUTION seconded by Griset, to approve APPROVED the recomended employee service awards and method of distribution outlined in the report dated June 2?, 1979, prepared by the Director of Personnel, as follows: l) All five, ten and fifteen year service pin awards to he provided to department heads for distribution within their own departments, utilizing whatever method they deem appropriate; z) Employees receiving 20-year service pin awards and higher to be invited to a Council meeting with official recogni- tion by the Mayor and City M~nager, with a photographer present, which would provide opportunity for employees' families to witness the ceremonies and be acknowledged; Employees receiving 25-year pin awards and higher to also receive an appropriately inscribed City Seal tile plaque; and 4) In the case of regular service retirements, employees with more than ten years of credit to receive a laminated plaque retirement certificate with a City Seal affixed and signed by department head and City Manager. CA 5O AYES: BRICKBN, GRISET, LUX~MBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NOES:. NONE ASSESSMENT DISTRICT - MDTION was made by Griset, LIFE ESTATE LOAN PROGRAM seconded by Bricken, to RESOLUTION NO. 79-105 - ADOPTED adopt the following resolu- tion, and to approve guide- lines for granting Assessment District Loans as developed by comity members and staff, contained in the report dated June 22, 1979, prepared by the Property Rehabilitation Supervisor: RESOLUTION NO. 79-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANAAUTHORIZING LOANS OF CO}~v~JNITY DEVELOPN~NT BLOCK GRANT FUNDS RECEIVED FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO CERTAIN QUALIFIED PROPERTY OWN~RE CITY COUNCIL MINUTES 229 JULY 2, 1979 FOR ~]~ PURPOSE OF PAYING ALL OR A PORTION OF THE PROPF~RTY OWNERS' SHARES OF SPECIAL ASSESSMENTS. CA 140.20 AYES: NOES: BRICKF_N, GRISET, LUXEMBOURGER, MARKEL, SERRATO~ WARD, YAMAMOTO NONE AGENDA ORDER Tax Collector's Sale #1268 TAX COLLECTOR'S SALE #1268 of ~ssessor's Parcel No. 003-111-16, East Twentieth Street, was acted upon earlier in the meeting. (Minutes Page 219, Agenda Item 67) ORAL COF~UNICATION The City Manager reported that CITY OF ANAHEIM SHOWMOBILE use of the City's showmobile AGREemENT - RATIFIED had been requested for two events at the same time during the previous weekend; that the City of Anaheim had agreed to lend its showmobile to Santa Aha on condition that City release Anaheim of liability in connection with its use. MOTION was m~de by Bricken, seconded by Luxembourger, to ratify execution of the hold harmless agreement by the Mayor and Acting Clerk of the Council, making possible the use of Anaheim's showmobile by the City, and to thank the City of Anaheim for its assistance. CA 52 AYES: NOES: BRICKEN, GRISET, LUXEM~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE MUNICIPAL BUDGET 1979-80 The City Manager reviewed the SET FOR PUBLIC HEARING JULY 16 status of Council study sessions for consideration of the Municipal Budget for fiscal year 1979-80, and recommended that the Budget be set for public hearing at the same time as the General Revenue Sharing Budget. He suggested that any questions and concerns of individual Council members regarding the Budget be addressed to staff in the interim, and stated that he will submit a report to Council on July 6, 1979, regarding all of the items listed by the Council for fur- ther consideration and review during the public hearing. MOTION was made by Bricken, seconded by Luxembourger, to set for public hearing on July 16, 1979, the Municipal Budget for fiscal year 1979-80. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 65B RECESS Council recessed at 4:45 p.m. EXECUTIVE SESSION to executive session to discuss DINNER RECESS personnel matters and claims. At 5:36 p.m., Council recon- vened and in~ediately recessed to dinner at Nieuport 17 restaurant with the Mayor and City Manager of the City of Garden Grove, for discussion of matters of mutual concern to both cities. RECONVENED The meeting reconvened at PLEDGE OF ALLEGIANCE 7:35 p.m. in the City Council INVOCATION Chambers, 22 Civic Center Plaza, with the following members of Council present: Gordon Bricken, Daniel E. Griset, R. W. Luxembourger, A1 Serrato, Harry K. Yamamoto, and Mayor James E. Ward. Councilman J. Ogden Markel was absent. Also present were City Manager/Acting Clerk of the Coun- cil B. J..~hompson, City Attorney Keith L. Gow, Director of Public Works John E. Stevens, Planning Director Charles C. Zin~nerman, and Deputy Clerk of the Council Martha Lee. CITY COUNCIL MINUTES 230 JULY 2, 1979 2) Approve plans and specifications and authorize advertisement for bids for PROJECT 7301 - Construction of a Governmental Agency Parking Lot. AYES: NOES: BRICKFN, GRISET, LUXEMBOURGER, SERRATO, WARD, YAMAMOTO MARKEL CA 89 CIVIC CENTER MASTER PLAN Following consideration of t~LOYMENTOF CONSULTANT the report prepared by the APPROVED Director of Public Works dated June 20, 1979, MOTION was made by Serrato, seconded by Griset, to approve expenditure of $10,000 from the Civic Center Parking-Maintenance Fund to employ a consultant to prepare a Scope of the Work and Request for Proposal for the updating of the Civic Center Master Plan. Councilman Bricken's suggestion that the motion be amended to add that the expenditure be coordinated with the Civic Center Plan and the General Plan of the City was accepted by the maker and the second to the motion. The AMENDED MOTION carried as follows: AYES: NOES: BRICKEN, GRISET, LUXEMBOURGBR, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 77.14 BAKER STREET TRAFFIC STUDY Pursuant to the report dated REPORT - RECEIVED & FILED June 21, 1979, prepared by STAFF DIRECTED the Traffic Fmgineering Super- visor, MOTION was made by Griset, seconded by Bricken, to receive and file the report, and to direct staff as follows: 1) Continue to develop minor improvement projects to increase capacity of north/south arterials such as Main, Broadway, Bristol and Fairview, to reduce comnuter traffic in residential neighborhoods and to improve access to and from the downtown/Civic Center area; and 2) Implement selective enforcement by the Police Department, involving the use of radar, on Baker Street between Santa Clara Avenue and Seventeenth Street to deter speeding motorists. CA 18.2 AYES: NOES: BRICKEN, GRISEr, LUXtB4BOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE DONATION OF TRAINING AID As recommended in the report TO TECATE, MEXICO dated June 12, 1979, prepared APPROVED by the Police Department, MOTION was made by Bricken, seconded by Serrato, to approve donation to the Fire Department of Tecate, Mexico, old CPR training mannequin, City property #26707. CA 45.2 AYES: NOES: BRICKEN, GRISET, LIJ~GER, MARKEL, SERRATO, WARD, YAMAMOTO NONE MASTER CONCESSION STUDY Following discussion of the REQUEST FOR PROPOSAL - APPROVED recon~nendations contained in BID CALL - APPROVED the report dated June 25, 1979, prepared by the Leisure Ser- vices Manager, MOTION was made by Bricken, seconded by Griset, to direct staff to proceed with preparation of Request for Proposal for two master City concessions agreements; one for machine vended merchandise and foodstuffs, the other for on-site prepared and served foodstuffs, exempting Bowers Museum, Santa Arm Zoo and Centennial Park. CITY COUNCIL MINUTES 227 JULY 2, 1979 AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE MOTION was made by Bricken, seconded by Luxembourger, to approve plans and specifications and authorize advertisement for bids for the four month period from September 1 through December 31, 1979, for a Stadiom concession agreement to cover the 1979 football season. AYES: NOES: BRICK~N, GRISET, LUXEMBOURGER, MARKEL, WARD, YAMAMOTO SERRATO MOTION was made by Bricken, seconded by Ward, to instruct staff to be prepared to submit Request for Proposals not later than September 4, 1979, for Council's consideration and selection prior to January 1, 1980. AYES: NOES: BRICKEN, GRISET, LUXI~VBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 89 CA 52.8 OVERTIME POLICY MOTION was made by Serrato, REPORT - RECEIVED & FILED seconded by Luxembourger, to receive and file the report dated June 21, 1979, prepared by the Executive Assistant, pertaining to departmental overtime policy, with appreciation to staff for meeting the Budget goal for reduc- tion in overtime. BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 50 DEATH BENEFITS TO EMPLOYEE DEPENDENTS MOTION was made by Griset, REPORT - RECEIVED & FILED seconded by Ward, to receive and file the report dated June 18, 1979, prepared by the Executive Assistant, outlining death benefits for Santa Ana City employees. CA 5O AYES: NOES: BRICKEN, GRISET, LUXt~BOURGER, MAR~L, SERRATO, WARD, YAMAMOTO NONE DISTRIBUTION FORMULA - TITLE XX Pursuant to the report dated FUNDS FOR SOCIAL SERVICES June 22, 1979, prepared by STAFF DIRECTED the Co~nunity Resources Super- visor, MOTION was made by Bricken, seconded by Luxembourger, to authorize the City Attorney to pre- pare a resolut£on in support of the City of Yorba Linda's request for a change in the 'formula for distribution of federal funds under Title XX of the Social Security Act. CA 57.1 AYES: NOES: BRICKEN, GRISET, LUX~MBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE M~ERGENCY LOAN - LILLY LOCKNBR The emergency property rehabili- 1027 S. HICKORY STREET tation loan for Lilly Lockner, APPROVED 1027 South Hickory Street, recommended in the report dated June 8, 1979, prepared by the Property Rehabilitation Supervisor, was dis- cussed by the Council. In response to Council's questions, the Executive Director of Redevelopment and Housing stated that Mrs. Lockner qualifies for a Section 312 Housing and Urban Development loan; that this is an emergency situation wherein she will lose her child care license and means of livelihood unless certain repairs are made; and that the proposed temporary loan of Conmmmity Development Block Grant funds will be reimbursed from Section 312 loan funds. CITY COUNCIL MINUTES 228 JULY 2, 1979 Following the Pledge of Allegiance to the Flag, the Invocation was given by Helen Shipp, member of Calvary Baptist Church. COMMUNITY SPOTLIGHT Mrs. Joseph Beek described the PLANNED PARENTHOOD ASSOCIATION history, organization, facilities and activities of the Planned Parenthood Association of Orange County, 1801 North Broadway, which offers family planning and related services to Santa Ana residents. A City Seal tile plaque was presented to the Associa- tion by Mayor Ward. SPECIAL PRES~NrFATION A City Seal tile plaque and MANUEL BARRON letter of recognition were HUMAN RELATIONS COMqISSION presented to Manuel Barton, former member of the Human Relations and Housing Advisory Co~nission, by Mayor Ward, in appreciation for his outstanding service to the City. OATHS OF OFFICE The following appointees to BOARDS & CO~4ISSIONS Boards and Commissions were given the oaths of office by the Deputy Clerk of the Council for their respective Boards, Commissions and Committees: Steve Knoblock, Civic Center Commission Charles Mosley, Transportation Advisory Committee Thomas Thorkelson, Bowers Museum Board Ted Jesse, Cormmnity Redevelopment Commission At 7:55 p.m. the Mayor declared a conflict of interest in the following public hearing because his firm is the architect of the proposed project, and left the Council Chambers. PUBLIC HEARING - EIR 78-4 - APPROVED The Vice Mayor opened the GPA 79-2 - RES. 79-106 - ADO~I~ public hearing to consider APPEAL 405 - VA 79-1 - GP~ Environmental Impact Report CIVIC CENTER DRIVE & FL~STREET 78-4, General Plan Amendment 79-2 and Appeal No. 405 of the Planning Commission denial of Variance Application 79-1, to redesignate property bounded by Flower Street, Lowell Street, Civic Center Drive and extending northerly approximately 182 feet from Civic-Center Drive, and to allow construction of an office building exceeding height limitations, reduction of setbacks, and non-residential use of property in the Ri zone, as follows: Draft Environmental Impact Report 78-4 for the proposed construc- tion of a 190,000 square foot office-professional building in conjunction with a 5-level parking structure providing 363 on-side parking spaces at 901 Civic Center Drive West. General Plan Amendment 1979-2 proposing to amend the Land Use Portion of the Land Use and Arterial Streets section of the General Plan to redesignate property bounded by Flower Street on the east, Lowell Street on the west, Civic Center Drive on the south and extending northerly approximately 182 feet from the survey center- line of Civic Center Drive from High Density Residential to Profes- sional Administrative Offices. Appeal No. 405 filed by Mohler Development-Company, Inc. of the Planning Commission denial of Variance Application 79-1, which would allow construction of an office building having a height of 159 feet in the CD-ID II District, exceeding the height limita- CITY COUNCIL MINUTES 231 JULY 2, 1979 tions, and reduction of setbacks established by Height District I, and to permit the non-residential use of property in the Ri zoning district. The Vice Mayor announced that the Enviromnental Impact Report would be considered first, followed by the Appeal of the Variance Application and the General Plan Amendment, in that order. The EIR staff report was given by the Director of Planning, who stated that the Environmental Impact Report was approved unanimously by the Planning Commission, and that Cecil Sterling, Project Manager of the Environmental Studies Department of Ultrasystems, Inc., the firm responsible for the preparation of the Environmental Impact Report, was present to ar~wer any questions of the Council. The Deputy Clerk of the Council reported no new written communications. VerlynJensen, Attorney, 1200 North MainStreet, representing Mohler Development Company, the applicants, and William Blurock of William Blu- rock and Partners, 2300 Newport Boulevard, Newport Beach, the architects, stated that they would answer any Council questions. The following persons spoke in opposition to approval of the Environmental Impact Report: Sylvia Salenius, 919 North Olive Street Janice Boer, 912 North Lowell Street Connie Major, 923 North Olive Street David M. Zdunich, 709 South Cypress Street There were no other speakers for or against approval of the Environmental Impact Report. The Vice Mayor closed the public hearing. Following discussion of each of the points raised by the speakers, and consideration of the Environmental Impact Report in relation to each, MOTION was made by Griset, seconded by Serrato, to approve Draft Environmental Impact Report No. 78-4, all written materials pertaining thereto and all verbal comments as the final Environmental Impact Report, and certify that it has been completed in compliance with the CEQAand the City's rules and regula- tions, and that the Council has reviewed and considered the information contained therein. AYES: BRICI(FN, GRISET, LUXEMBOURGER, SERRATO, YAM_iMOTO CA 13.3 NOES: NONE CA 78.3 ABSENT: MARKEL, WARD The Vice Mayor opened the public hearing to consider Appeal No. 405 of Variance Application No. 79-1. The Planning Director presented the staff report of the Appeal and Variance Application. He described the proposed project with the aid of slide transparencies, and explained the procedure, stating that the applicant had requested a denial of the Variance Application by the Planning Commis- sion, which had been unable to reach an agreement on the height limitation, in order to bring the matter before the City Council; that the Planning Comnission had generally agreed that a major statement should be made at this intersection, and that efforts should be made to protect the strong fiber of the adjacent residential neighborhood; and that the Council is being asked by the Commission to make a determination as to the height and bulk of the proposed structure. The Senior Planner described the various height and setback formula alterna- tives, and the staff recommendations. The Deputy Clerk of the Council reported no new written com~nications. CITY COUNCIL MINUTES 232 JULY 2, 1979 Verlyn Jensen, representing the Applicant, spoke in favor of the Appeal, stating that the original proposal was for a twelve-story building on the site; but that the Applicant is now proposing an eight-story structure, a redesigned parking structure, and a landscaped wall between the proposed site and the residential neighborhood. The following persons also spoke in favor of the revised proposal: Jack McCarley, representative of the Chamber of Co~nerce, 2800 North Main Street Douglas Edwards, 1523 West Riviera Mickey Madden, 2319 North Rosewood Melvin Jones, 1115 South Birch David P. Canchola, 831 North Westwood Avenue The following persons spoke in opposition: Ruby Epps, 626 North Jackson, SANO Janice Boer, 912 North Lowell Street Connie Major, 923 North Olive Street Pete Major, 923 North Olive Street Sylvia Salenius, 919 North Olive Street Roger D. Schwalns, 1414 North Baker Street Michael B. Weidman, 1211 North Louise Street Paul Jessilow, 5511 Verano Place, Irvine Dale Tomlinson, 820 North Olive Street Doris LeMon, 912 North Olive Street Kevin Bracken, 919 North Olive Street Randy D. George, 920 North Olive Street LaDale Dunbar, 824 North Olive Street Edward Escobedo, 1116 North Olive Street Clarence ~Comis, 1127 North Lowell Street Brief statements in support of the opponents were also made by the following representatives of SANO (Santa Aha Neighborhood Organizations): Eleanor Snow, 996 North Center Street, Orange Merle Rabine, 401 East Bishop, Eastside Neighbors Ruby Gonzales, 206 North Daisy Avenue Samuel Romero, 2034 South Spruce Street Following a recess from 10:30 to 10:45 p.m., Janice Boer, opponent, and Cecil Warren, 322 East Chestnut, spoke in opposition to the proposal. Verlyn Jensen, Douglas Edwards, and Paul Sepulveda, 1519 North Towner, proponents, spoke in rebuttal. Mrs. Salenius and Mrs. Boer presented the rebuttal for the opponents. There were no other speakers for or against the proposal. Various speakers responded to Council questions. The Vice Mayor closed the public hearing. Council considered the letter dated June 28, 1979, from Mohler Development Company, outlining items which were incorporated into the design of the building in accordance with a meeting on June 18, 1979, with the Planning staff. Council discussion followed, with questions of Council members answered by representatives of the Applicant and by staff. MOTION was made by Griset, seconded by Serrato, to grant Appeal No. 405, overruling the decision of the Planning Commission and approving Variance Application No. 79-1 to allow construction of an office building having a height of 98 feet in the CD-HD II District, exceeding the height limita- tions, and reduction of setbacks established by Height District I, and to permit the non-residential use of property in the RI zoning district; and to instruct staff to prepare for Council consideration within fifteen days a freeze on building permits in the CD zone north of Civic Center Drive and west of the subject site, to provide opportunity for development of General Plan update dealing with the downtown business district. CA 13.3 CITY QDUNCIL MINUTES 233 JULY 2, 1979 AYES: NOES: ABSENT: BRICKEN, GRISET, SERRATO, YAMAMOTO LUXEMBOURGER MARKEL, WARD The public hearing to consider General Plan Amendment 79-2 was opened by the Vice Mayor following a recess from 12:20 to 12:30 a.m. The staff report was presented by the Planning Director. The Deputy Clerk of the Council reported no new written co~unications. Verlyn Jensen and Douglas Edwards spoke in favor; Sylvia Salenius, Pete Major and LaDale Dunbar spoke in opposition; to the Amendment. MOTION was made by Luxembourger, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 79-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA 71NA AMENDING TH~ LAND USE ELEMENT OF THE GENERAL PLAN BY REDESIGNATING 1.92 ACRES LOCATED ON THE NORTH SIDE OF CIVIC CENTER DRIVE BETWEEN LOWELL AND FLOWER STREETS, FROM THE HIGh{ DENSITY RESIDEN- TIAL DESIGNATION TO THE PROFESSIONAL ADMINISTRATIVE OFFICE DESIGNATION. AYES: NOES: ABSENT: BRICKEN, GRISET, LUXI~IBOURGER, SERRATO, YAMAMOTO NONE MARKEL, WARD CA 78.3 MDTION was made by Griset, seconded by Bricken, to approve the following Finding of Fact, in compliance with Section 41-638 (2)(a) of the Municipal Code, that because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the Code: l) The subject property represents a consolidation of fourteen relatively small parcels at the intersection of two arterial highways. Individual parcel sizes and their location at intersecting arterials, and existing and permitted development on the adjacent corners creates the necessary special circum- stances justifying the Variance. 2) The subject proposal, due to its location at an intersection of two major arterials, the demand for high rise office space, and the mitigation of significant impacts affecting the residential neighborhood to the north, would support the approval of the Variance as approved. 3) Granting of the Variance will not be materially detrimental to the surrounding properties or to the public welfare by virtue of the conditions attached to approval of the Applica- tion, which specifically require the office structure to be located as far south on the site as is practical, to minimize potential impacts upon residential uses northerly of the site; a_nd similarly the greatest height of the parking structure is concentrated on the most southerly part of the site. 4) Granting of the Variance will not adversely affect the General Plan. CA13.3 AYES: NOES: ABSENT: BRICKF~, GRISET, LUXt~OURGER, SERRATO, YAMAMOTO NONE MARl<EL, WARD The Mayor returned to the Council Chambers at 12:50 a.m. CITY COUNCIL MINUTES 234 JULY 2, 1979 AGENDA ORDER - ORDINANCE NS-1494 The public hearing to consider AMENDMENT APPLICATION #815 the Negative Declaration and 801 S. LYON STREET Amendment Application No. 815, to rezone property on the east side of Lyon Street between Chestnut and McFadden Avenues from the Al (General Agriculture) District to the R4 (Suburban Apartment) District, was continued to July 16, 1979, earlier in the meeting. (Minutes Page 224, Agenda Item 76) YARD AREA PARKING ORDINANCE NO. NS-1470 CONTINUED TO JULY 16 MOTION was made by Yamamoto, seconded by Griset, to continue consideration of the following ordinance to July 16, 1979: ORDINANCE NO. NS-1470 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING PARAGRAPH (E) OF SECTION 41-607 OF THE SANTA iNA MUNICIPAL CODE TO SPECIFY THE YARD AREAS IfHICH MAY NOT BE USED FOR OFF-STREET PARKING OR STORAGE OF PERSONAL PROPERTY. CA 78 AYES: NOES: ABSENT: BRICKEN, GRISET, LUX~OURGER, SERRATO, WARD, YAMAMOTO NONE MARKEL APPLICATION FOR MOTION was made by Yamamoto, TV SYSTt~ FRANCHISE seconded by Griset, to continue CONTINUED TO JULY 16 to July 16, 1979, consideration of the Application for non- exclusive fifteen-year franchise for community antenna television system to serve Santa Aha, submitted by Six Star Cablevision, Inc., and to request a staff report. CA 130.4 AYES: NOES: ABSENT: BRICKEN, GRISET, LUXEMBOURGER, SERRATO, WARD, YAMAMOTO NONE MARKEL ADJOURM~J~T The meeting was adjourned at 12:51 a.m. by the Mayor, with the unanimous informal consent of the Council. THOMPSON ACTING CLERK OF THE COUNCIL CITY COUNCIL MINUTES 235 JULY 2, 1979