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HomeMy WebLinkAbout08-20-1979MINUTES OF THE REGULAR FMETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA August 20, 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. Council members present were Cordon Bricken, R. W. Luxambourger, J. Ogden Markel, A1 Serrato, Harry K. Yamamoto and Mayor Ward. Councilman Daniel E. Griset arrived at 2:25 p.m. during the Comnunity Redevelopment Agency meeting. Also present were staff members City Manager/Acting Clerk of the Council B. J. Thompson, City Attorney Keith L. Gow, and Deputy Clerk of the Council Martha Lee. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of /kllegiance to the Flag, the Invocation was given by Councilman Yamamoto. RECESS - REGULAR MEETING At 2:08 p.m. Council recessed CO~JNITY REDEVELOPI~I~T AGENCY to convene the regular meeting of the Con,unity Redevelopment Agency. At 3:05 p.m. the Coun- cil reconvened with all Council members present. CONSt~ CALENDAR Item 6 was removed from the ITt~MS Rt~K~FED & Consent Calendar by Markel; DISSENTING VOTES Item 13 C (1) by Luxembourger; Items 7 A and 12 D by staff. NO votes were registered by Markel on Item 4 A; Bricken on Item 4 D; and Ward on Item 4 B. CONSENT CALENDAR STAFF RECOM~NDAT IONS APPROVED 1979, as requested by staff: MOTION was made by Bricken, seconded by Luxembourger, to continue the following Consent Calendar Items to September 4, ~GATIVE DECLARATION & PARCEL MAP 79-892 - Filed on July 23, 1979, by Rafael Siclare and Louis M~ta, creating 4 R2 parcels, all proposed parcels to be used for residential purposes; generally located on the southwest corner of Newhope Street and Watkins Way. (Agenda Item 7 A) CA 25 WEST CO~UNITY CENTER - Agreement between City and Demitrios Georgeantoupolus for one year lease renewal for office space of 4404 West Sth Street. (Agenda Item 12 D) A-79-106 and to approve the staff recommendations on the following Consent Calendar items. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE MINUTES Approved the Minutes of the Regular meeting of August 6, 1979, and the Adjourned Regular M~eting of August 9, 1979. CITY COUNCIL MINUTES 281 AUGUST 20, 1979 CONSENT CAI.~NDAR STAFF RECO~NDATIONS APPROVED - Continued BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: SPEC 79-017 - Maintenance of Pacific Electric Bear Street Bike Trail & Median, and Bowers Museun Grounds. SPEC 79-030 - One Mobile Intensive Care Paramedic Van. SPEC 79-027 - Truck Mounted Portable VacutznUnit - Recreation and Parks Department. PROJECT 6135-B - Santa Arm Zoo Pond and Landscaping. PROJECT 7235 - Expansion of E1 Salvador Recreation Building. PROJECT 8343 - Sidewalk Replacement Program (Revenue Sharing - 1979-80). BID AWARD Awarded the following on basis of lowest responsible and responsive bidder: PROJECT 4043 - Construct Storm Drain in McFadden Avenue between Cedar Street & Standard Avenue; awarded to Vicco Construction, Inc., La Verne, in the total amount of $69,175.00. ALCOHOLIC BEVERAGE LICenSE APPLICATIONS Received and filed staff report of the following: LUTZ, Theodore, 2316 S. Fairview - Original Type 41 On-sale Beer & Wine, Public Eating Place. PROTEST - Minor Exception required. Councilman Markel regis- tered a NO vote. (Agenda Item 4 A) GRFATER MC COY'S MARKBTS, INC., 1800 N. Grand - Person-to-person Transfer Type 21 Off-sale General. Mayor Ward registered a NO vote. (Agenda Item 4 B) SANTA ANADUGOUT, INC., 1701 E. McFadden - Person- to-person Transfer Type 47 on-sale General, Bona Fide Public Eating Place. BAKER, Norman, 1820 E. Carnegie - Original Type 41 On-sale Beer & Wine, Bona Fide Public Eating Place. Councilman Bricken registered a NO vote. (Agenda Item 4 D) TENTATIVE PARCEL Approved and filed the MAP Negative Declaration, and approved the following map subject to conditions contained in the Planning Director's report: NEGATIVE DECLARATION & PARCEL MAP 79-895 - Filed on August 6, 1979, by James B. Tucker and Barbara Tucker Lashbrook, creating 5 parcels, all proposed parcels to be used for comercial purposes; generally located on the southeast corner of 17th Street and Flower Street. GA 89 CA 89 CA 146.1 CA 146 CA 2S CITY COUNCIL MINUTES 282 AUGUST 20, 1979 CONSENT CALENDAR STAFF RE(~NDATIONS APPROVED - Continued FINAL PARCEL MAPS Approved the following final maps and accepted the dedica- tions thereon: PARCEL MAP 79-889 - Shannon Street between Carriage Drive and Garry Avenue; 9 lots. PARCEL MAP 79-895 - Southeast corner of 17th Street and Flower Street; 5 lots. AGREEMENTS Approved the following agree- ments and authorized their execution by Mayor and Clerk: BURGLARY PREVENTION THROUGHCITIZENPARTICIPATION GRANT - Between City and County to extend existing agreement from September 1 through November 30, 1979, for extension of program. COb~IkND & CONTROL PROJECT - Between City and Ronald G. Kinsley to extend existing agreement from Septem- ber 1, 1979, to August 31, 1980 (final period). RI~qT OF ENTRY LICENSE AGRE~V~]NT - Between City and U. S. Army Corps of Engineers for preliminary soil testing for Federal Santa Ana River Project. CORBIN COMvl~qlTY CENTER - Between City and People's Clinic for one year lease for office space at 2215 West McFadden Avenue. PARAMEDIC BOUNDARY DROP - Between City and City of Orange for paramedic service between adjoining jurisdictions, con~nencing September 1, 1979. PARTICIPATION IN HOME OWNERSHIP & HOME IMPROVEMENT (HOHI) PROGRAM - Between City and California Housing Finance Agency for program participation. SANTA ANATENNIS TOURNAMENT - Between City and Santa Aha Tennis Club to produce Santa Arm Tennis Tournament on City-owned tennis facilities. CENTMqNIAL URBAN REGIONAL PARK - Between City and Charles Ross and Doris Ross for the creation of preliminary comprehensive proposals for the develop- ment and operation of concessions and other recrea- tional facilities at Centennial Urban Regional Park. BOARDS & CC~ISSIONS Accepted the following nomina- tions for consideration of appointments on September 4, 1979: Albert J. Arens, nominated by Councilman Luxem- bourger for Ward 2 representative to the Library Board for a partial term ending June 30, 1982 (replacing Irma Gutierrez). Marlene Santo, nominated by Councilman Serrato for Ward 4 representative to the Board of Recreation and Parks for a partial term ending June 30, 1982, (replacing Ruben Hernandez). CA 25.2 A-79-103 A-79-104 A-79-105 A-79-107 A-79-108 A-79-109 A-79-110 A-79-111 CITY COUNCIL MINUTES 283 AUGUST 20, 1979 CONSENT CALENDAR STAFF RECCI~NDATIONS APPROVED - Continued Helen Romeo, nominated by Santa AnaUnified School District for District representative to Board of Recreation and Parks for a partial term ending June 30, 1981 (replacing LesterMcKnighQ. Appointed the following: Ann Andres, Ward 5 representative, Bowers Museum Board, first full term ending June30, 1983. LIABILITY CLAIMS Referred to administration claims received from July 31 to August 14, 1979. COUNCIL REFERRAL Received and filed status SU~Y report of matters referred to staff by Council; deleted items as recommended in the report. PROCLAMATIONS August 14, 1979. Received and filed report of Proclamations issued by the Mayor from July 31 to COUNCIL CALENDAR Received and filed report of Council activities from August 7 through August 19, 1979. HIRING FREEZE EXCEPTION Approved the following request for exception to the hiring freeze in salary range 423 or higher and authorized filling the position: Planning Department - One Associate Planner. * * * * * * * CONSENT CALENDAR FINIS CA 80.9 CA 65.7B CA 80.2 CA 46 CA 80.18 CA 50.1 DEEDS NO CASH GRANTOR CITY APPROVED ~DTION was made by Luxembourger, seconded by Bricken, to author- ize execution of the following deeds byMayor and Clerk: SOIfI~ERN CALIFORNIA EDISON COMPANY - East side of B¢oadway, north of Edinger; utility easement. KNICK INVESTMENT PROPERTIES & THC~4AS K. LIKEN - Southwest corner of Ritchey and McFadden; extinguish SAVI (Santa Aha Valley Irrigation) easement. MAC ARTHUR V~ - South side of MacArthur, east of Bristol; vehicular access rights. (Agenda Item 6) AYES: NOES: BRICKBN, GRISET, L~OJRGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 155 BOARD & COMMISSION APPOINTMENTS Councilman Bricken reviewed PLANNING CO~ISSION - PAUL SEPULVEDA the revised policy for appoint- NO ACTION ments to Boards and Commissions approved by Council on May 21, 1979, which implemented a system for appointments based on ward affilia- tion. The policy report states that if a Councilmmn is unable to recruit CITY COUNCIL MINUTES 284 AUGUST 20, 1979 an acceptable candidate from residents within his ward, he may, at his own discretion, nominate an applicant-at-large. During the discussion of the nomination for appointment to the Planning Commission of Paul Sepulveda as the Ward 4 representative, to fill the vacancy created by the expiration of the term of John Acosta, Councilman Serrato stated that the applicant is well qualified for membership; that there is a precedent for at-large nominations as ward representatives; that as the individual whom Council entrusted with the responsibility to submit a nomination, he is proud to submit Mr. Sepulveda's name for consideration by the Council. Some of the Council comments were that although the nominee is acceptable, he does not reside in Ward 4; that the present Ward 4 representative is eligible for reappointment and is also acceptable; and that Council should encourage adherence to the spirit of the ward representation policy. The MOTION made by Serrato, seconded by Griset, to appoint Paul Sepulveda as Ward 4 representative to the Planning Commission for a first term ending June 30, 1983, FAILED to carry on the following vote: AYES: NOES: GRISET, SERRAIO, WARD BRICKEN, L~OURGER, MARKEL, YAMAMDTO CA 80.9 Councilman Serrato left the Council Chamber. ORDINANCE NO. NS-1470 YARD AREA PARKING 2ND READING - ADOPTED YOTION was made by Bricken, seconded by Yamamoto, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1470 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING PARAGRAPH (E) OF SECTION 41-607 OF THE SANTA ANA MUNICIPAL CODE TO SPECIFY THE YARD AREAS WHIC~ MAY NOT BE USED FOR OFF-STREET PARKING OR STORAGE OF PERSONAL PROPERTY. AYES: NOES: ABSENT: BRICK~N, GRISET, LUX~URGER, MARKEL, WARD, YAMAMOTO NONE SERRATO CA 78 ORDINANCE NO. NS-1499 EXPANSION OF LIBRARY BOARD 2ND READING - ADOPTED MOTION was made by Yamamoto, seconded by Luxembourger, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1499 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MJNICIPAL CODE SECTION 2-603 BY PROVIDING FOR 2'HE EXPANSION OF THE LIBRARY BOARD TO SEYEN AYES: NOES: ABSENT: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, WARD, YAMAMOTO NONE SERRATO CA 80.9 CA 56 Councilman Serrato retraced to the Council Chamber. CITY COUNCIL MINUTES 285 AUGUST 20, 1979 ORDINANCE NO. NS-1500 LIABILITY INSURANCE REQUI~S FIRST READING publication of title: MOTION was made by Yamamoto, seconded by Luxembourger, to place tho following ordinance on first reading and authorize ORDINANCE NO. NS-1S00 - AN ORDINANCE OF THE CITY OF SANTA ANA ESTABLISHING MINIMU~ LIABILITY INSURANCE REQUIREMENTS APPLICABLE TO PARTIES CONTRACTING WITH THE CITY. AYES: NOES: BRICKEN, GRISET, LUX~OURGER, MARKHL, SERRATe, WARD, YAMAMOTO NONE CA 88.50 CA 114 AIRPORT)~ISTER PLAN DEVELOtB~J~T MOTION was made by Bricken, RESOLUTION 79-123- ADOPTED seconded by Luxembourger, to DELEGATE & ALT~RNATE--~INTED appoint Zika Djokovich as dele- gate, and Charles C. Zimmerman as alternate, to the Advisory Group for John Wayne Airport, Orange County Master Plan, and to adopt the following resolution: RESOLUTION NO. 79-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA /INA PERTAINING TO THE DEVELOPMENT OF A MASTER PLAN AND AIRPORT NOISE CONTROL AND LAND USE COMPATIBILITY PlAN FOR JOHN WAYNE AIRPORT, ORANGE COUNTY. AYES: NOES: BRIC~, GRtSET, L~O~GER, SERRA~, WARD, YAMAMO~ MARKEL CA 98 RESOLUTION NO. 79-134 CUP 79-15 - HARBOR & WARNER ADOPTED B~DTION was made by Griset, seconded by Bricken, to adopt the following resolution: RESOLUTION NO. 79-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COmmISSION GRANTING CONDITIONAL USE PERMIT NO. 79-15. AYES: NOES: BRICKttN, GRISET, LUXEMBOURGER, SERRATe, WARD, YAMAMOTO MARKEL CA 13.4A RESOLUTION NO. 79-135 - AFPFAL 404 CUP 79-7 - 2701 N. BROADWAY ADOPTED MOTION was made by Griset, seconded by Luxembourger, to adopt the following resolution: RESOLUTION NO. 79-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING CO~I~ISSION DENYING CONDITIONAL USE PERMIT NO. 79-7 AND Dt~NYING APPEAL NO. 404. AYES: NOES: BRICKF~N, GRISET, LU~URGER, WARD MARKEL, SERRATO, YAMAMOTO CA 13.4 RESOLUTION NO. 79-136 - APPEAL 407 CUP 79-9 - 618-630 N. BAKER ADOPTED MOTION was made by Grisot, seconded by Ward, to adopt the following resolution: RESOLUTION NO. 79-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE DECISION OF THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT NO. 79-9, GRANTING APPEAL NO. 407, AND GRANTING SAID CONDI- TIONAL USE PERMIT. AYES: NOES: BRICKEN, GRISET, LU~OURGER, WARD, YAMAMOTO MARKEL, SERRATO CA 13.4 CITY COUNCIL MINUTES 286 AUGUST 20, 1979 Mayor Ward declared a conflict of interest and left the Council Chamber before consideration of the following item. RESOLUTION NO. 79-137 - VA 79-1 The following persons spoke in GPA 79-2 - CIVIC CENTER BETWEEN opposition to the adoption of FLOWER & LOWELL - ADOPTED the findings of fact (Resolution No. 79-137) relative to General Plan Amendment 79-2 and Variance Application 79-1: LaDale Dunbar, 824 N. 0live Street Janice Boer, 912 N. Lowell Street Pete Major, 923 N. Olive Street Mary McComis, 1127 N. Lowell Street Following discussion, MOTION was made by Griset, seconded by Yam~moto, to adopt the following resolution: RESOLUTION NO. 79-137 - A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF SANTA ANAADOPTING FINDINGS IN SUPPORT OF ITS APPROVALOF Gt~ERAL PLAN AMt~h~NT 79-2 AND VARIANCE APPLICATION 79-1. AYES: BRICKEN, GRISET, L~RGER, YAMAMOTO NOES: MARKEL, SERRATO ABSTAINED: WARD CA 78.3 CA 13.3 CA 10 Mayor Ward returned to the Council Chamber at 4:15 p.m. RESOLUTION NO. 79-138 TAXPAYER' S ACTION ADOPTED MOTION was made by Luxembourger, seconded by Bricken, to adopt the following resolution: RESOLUTION NO. 79-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAMrA ANA REQUESTING THE COUNTY COUNSEL TO DEFEND A TAXPAYER' S ACTION BROUGHT AGAINST THE CITY. (The Kroger Company) AYES: NOES: BRICKEN, GRISET, L~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 139 RESOLUTION NO. 79-139 TAXPAYER'S ACTION ADOPTED MOTION was made by Bricken, seconded by Griset, to adopt the following resolution: RESOLUTION NO. 79-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE COUNTY COUNSEL TO DEFEND A TAXPAYER'S ACTION BROU~rr AGAINST THE CITY. (TRW, Inc. ) AYES: NOES: BRICKEN, GRISET, IJJXEMBOURGER, MARI<~L, SERRATO, WARD, YAMAMOTO NONE CA 139 RESOLUTION NO. 79-140 ABANDONMENT - FIGUEROA STREET A~OPTED - HEARING SET SEPT. 17 ing on September 17, 1979: MOTION was made by Griset, seconded by Bricken, to adopt the following resolution and set the matter for public hear- RESOLUTION NO. 79-140 - A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS IN--ION TO VACATE PORTIONS OF FI~JEROA STREET SOUTH OF HAZARD AVENUE, APPROV- ING A MAP THEREOF, DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP, DESCRIBING THE PORTION OF SAID STREET TO BE VACATED, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND FdBLISHED. CITY COUNCIL MINUTES 287 AUGUST 20, 1979 AYES: BRICKF2~, GRISET, LUXEMBOURGER, SERRATO, WARD, YAMA~DTO NOES: MARKEL CA 14 RESOLUTION NO. 79-141 THORNTON PARK PROJECT AGREEMENT ADOPTED MOTIONwas made by Brickan, seconded by Ward, to adopt the following resolution: RESOLUTION NO. 79-141 - A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF SANTA ANAAPPROVINGANDAUTHORIZING EXECUTION OF A PROJECT AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT NO. 06-00720, BY AND BE~IB~EENTHE CITY OF SJ~NTAANA AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION. (Thornton Park) AYES: NOES: BRICKEN, GRISET, L~URGER, MARJ<EL, SERRATO, WARD, YAMAMOTO NONE A-79-114 RESOLUFION NO. 79-142 APPLICATION FOR FUNDS AMTRAK STATION - ADOPTED legislative support: MOTION was made by Luxembourger, seconded by Bricken, to adopt the following resolution and instruct staff to solicit RESOLUTION NO. 79-142 - A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF SANTA ANAAPPROVING THE PROPOSAL FOR CON- STRUCTION OF A NEW INTERCITY COB~UTER STATION AND AUTHORIZING THE DIRECTOR OF PUBLIC P~RKS TO APPLY FOR $1,688,750 IN FUNDS FOR SAID CONSTRUCTION. (Amtrak Station) AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, SERRATO, WARD, YAMAMOTO MARKEL CA 84.6 DELEGATE & ALTERNATE TO In response to the request LEAGUE ANNUAL CONFERENCE contained in the letter dated MAYOR & VICE MAYOR - APPOINTED July 30, 1979, from League of California Cities Executive Director Don Benninghoven, MOTION was made by Griset, seconded by Yama- moto, to appoint Mayor Ward and Vice Mayor Bricken as delegate and alternate for the annual conference of the League to be held on Septem- ber 25, 1979, in San Francisco. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 148.1A FIESTAS PATRIAS PARADE MOTION was made by Griset, REQUEST FOR ASSISTANCE seconded by Ward, to refer to REFERRED TO STAFF staff the letter dated August 3, 1979, from Joe de lgLuz, President of Latin American Businessmen's Association of Orange Cotmty, requesting financial assistance from the City for a parade honoring Mexico's Independence Day, for report and recon~nendation. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKBL, SERRATO, WARD, YAMAMOTO CA 45.1 PETITION FOR INCREASED MOTION was made by Bricken, POLICE PATROL - E. ADAMS ST. seconded by Serrato, to refer REFERRED TO STAFF to staff for report and recom- mendation the petition con- taining 26 signatures from neighbors in the vicinity of 500 East Adams Street, requesting increased police patrol in the area. AYES: NOES: BRICKEN, GRISET, LUX~OURGER, ~IARKEL, SERRATO, WARD, YAMAMOTO NONE CA 47 CITY COUNCIL MINUTES 288 AUGUST 20, 1979 CHINO HILLS AIRPORT SITE MOTION was made by Bricken, CITY OF ANAHEIM REQUEST seconded by Serrato, to receive RECEIVED & FII.ED and file the letter dated August 7, 1979, from the City of Anaheim, transmitting a resolution urging all cities to withdraw support of the proposed study for the Chino Hills Airport site. AYES: NOES: BRICKEN, GRISET, L~OURGER, SERRATO, WARD, YAMAMOTO MARKEL CA 98 ABC LICENSE APPLICATION In response to the letter 1606 S. STANDARD dated August 15, 1979, from RECONSIDERED - NO ACTION Edward J. Kirby on behalf of Duk Soo Yt~n, requesting reconsideration of Council's action on August 6, 1979, to protest the application for Original Type 20 Off-Sale Beer & Wine license, MOTION was made by Luxembourger, seconded by Bricken, to reconsider the matter. AYES: NOES: BRICKEN, GRISET, L~URGER, SERRATO, WARD MARKEL, YAMAMOTO Mr. Kirby spoke in favor of withdrawal of the City's protest. The MOTION to receive and file the letter and instruct the City Attorney to withdraw the protest of the ABC License Application, made by Luxem- bourger, seconded by Griset, FAILED on the following vote: AYES: NOES: GRISET, LUXEMBOURGER BRIC.N, MARKEL, SHRRATO, WARD, YAMAMOTO CA 146.1 AGENDA ORDER RtlMAININGAFrERNOON ITEMS CONTINUED TO EVENING SESSION MOTION was made by Bricken, seconded by Ward, to continue the remaining afternoon Agenda items to the evening session. AYES: NOES: BRICKEN, GRISET, LUXt~Mt~URGER, MARKHL, SERRATO, WARD, YAMA~DTO NONE RECESS - EXECUTIVE SESSION Council recessed to Executive DINNER RECESS Session for discussion of personnel matters at 4:50 p.m. At 5:45 p.m. Council reconvened and imnediately recessed to dinner at Sombrero Street Restaurant with members of the Cultural Heritage Evaluation Committee. RECONVENED PLEDGE OF ALLEGIANCE INVOCATION The meeting was reconvened in the Council Chambers at 7:35 p.m. with all Council members present. Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Bricken. COMMUNITY SPOTLIGHT George Kessinger, President GOODWILL INDUSTRIES of Goodwill Industries of Orange County, described the programs and aims of Goodwill, requested continuing cormnunity support, and invited Council to visit the Rehabilitation and Evaluation Center at Fifth and Fairviow Streets. CA 9.4 CITY COUNCIL MINUTES 289 AUGUST 20, 1979 SPECIAL PRESENTATION Residents of the Logan area LOGAN NEIGHBOPJ~OOD neighborhood Sam Romero and COUNCILMAN & MRS. BRICKEN Josephine Andrade presented a commendation to Councilman Bricken in appreciation for his participation in helping to make Logan a better community, and a bouquet of roses to Mrs. Bricken. COuncilman Bricken accepted on behalf of the City and with appreciation to all who have contributed to progress in the Logan Area. CA 73A SPECIAL PRESENTATION On behalf of the Doraditos DORADITOS DE CHIHUAHUA de Chihuahua (Little League Baseball Team), the Director of Recreation and Parks pre- sented to the Mayor and Council a framed replica of the Seal of the State of Chihuahua, Mexico, a photograph of the official Chihuahua mascot, a trophy, and a baseball signed by Captain Fortino Flores and the fifteen members of the team, who visited the City during the first week in August. CA 73A EXPRESSION OF APPRECIATION Don Lick, 5429 West Lehnhardt COP NEICHBORHOOD PROGRAM Avenue, spokesman for a group of fifty neighbors, described successful community action of concerned residents to curb gang-type activities in the neighborhood, and thanked Police Chief Davis, the Santa Aha Police Department, and Lt. Lewellen for their assistance. CA 47 BOWERS MUSELg4 Everett Parks, 1518 North Van EXPANSION PROPOSALS Ness, Chairman of the Bowers APPRDVED Muse~n Board, presented the Board's recommendations for implementation of the expansion of the Muse~n. MOTION was made by Bricken, seconded by Griset, to 1) Adopt the nine major proposals outlined in the Museum Director's Report dated Ju2y 30, 1979; 2) Comm~micate to the Museum and Foundation Architectural Selection Con~ittee the desire to construct a quality museum facility comparable to those in Fort Worth, New Orleans, Denver and Oakland; 3) Authorize Museum Director to establish, with input from the Foundation and the Board, a schedule for architec- tural selection, appointment, plarming, fund-raising and construction, with an interim report to Council on September 4, 1979; 4) Authorize Mnseum Director and Museum Board to implement the development program and to reSolve the problems out- lined in the Report; s) Express appreciation to the Bowers Museum Foundation for its support of the MuseumExpansion Program, as contained in the Foundation Resolution dated August 8, 1979; 6) Direct staff to develop a program which retains the active role of the City Council in the discussion and decisions of Museum policy and expansion activity; and CITY COUNCIL MINUTES 290 AUGUST 20, 1979 ' 7) Receive and file the Museum Board Report and Museum Foundation Board Resolution with appreciation. AYES: NOES: BRICKEN, GRISET, LUXBMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE The MOTION made by Bricken, seconded by Luxembourger, to reconsider the recon~nendation contained in the Museum Director's July 30 report to develop a program and list of candidates, including non-Santa Ana City residents, for City Council consideration to expand and/or replace trustees on the Museum Board to involve a strong business leadership, principally chief executive officers as the nucleus of the Board, FAILED on the following vote: AYES: NOES: BRICKEN, GRISET, LUXhMBOURGER MARKEL, SERRATO, WARD, YAMAMOTO ~DTION was made by Griset, seconded by Luxembourger, to instruct staff and the Chairman of the Bowers Museum Board to develop a concept and design for a Board which can play a part in the future expansion of the Museum, and to submit reconnendations to Council at the earliest possible time. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 85 PUBLIC HEARING - NS-1496 CONDOMINIUM ORDINANCE REFERRED BACK TO PLANNING CONNISSION The Mayor opened the public hearing to consider the follow- ing ordinance: ORDINANCE NO. NS-1496 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANAADDING SECTIONS 34-13.5, 34-13.6, 34-67, 34-68, AND ARTICLE IX TO CHAFFER 34 OF THE SANTA ANAMUNICIPAL CODE, AND SECTION 41-193 TO (}~LPTER 41 THEREOF, TO ADOPTA SPECIFIC PLAN FOR CONDOMINIUMS AND SIMILAR CONIVDN OWNERSHIP PROJECTS, INCLUDING CONI~NINILNCONVERSIONS. The staff report was presented by the Planning Director, summarizing the written report dated July 11, 1979. MOTION was made by Luxembourger, seconded by Serrato, to receive and file the letter dated August 15, 1979, from Kindel and Anderson, Lawyers, on behalf of A&C Properties and Warmington Development, Inc., stating their belief that the proposed ordinance is a workable and acceptable approach and supporting its enactment. AYES: NOES: BRICKEN, GRISt, LUXI~GER, MARKBL, SERRATO, WARD, YAMAMO~ NONE The Deputy Clerk of the Council reported there were no other written conmunicat ions. Douglas A. Dodds, Kindel & Anderson, spoke in favor of the proposed ordinance. Speakers in opposition to the ordinance were: Marjorie K. Conroy, 2010 E. Santa Clara #43 Lucy E. Brown, 2010 E. Santa Clara, #11 Henry Schwartz, 2010 E. Santa Clara William B. Taylor, 2010 E. Santa Clara Stewart Parker, Managing Attorney, Legal Aid Society Cecil J. Warren, 322 East Chestnut There were no other speakers. The Mayor closed the public hearing. CITY COUNCIL MINUTES 291 AUGUST 20, 1979 The seven recommendations submitted to Council by letter dated August 6, 1979, from Councilman Serrato, for consideration by Council as possible additions to the proposed ordinance~ were acted upon as follows: The MDTIONmade by Bricken, seconded by Ward, to not include Item 1, that the Planning Commission should discourage projects---~or conversion when the City's vacancy rate falls below 3.0 percent, FAILED on the following vote: AYES: BRICKEN, GRISET~ WARD NOES: LUXEMBOURGER, MARKEL, SERRATO, yAMAMOTO The MOTION made by Serrato, seconded by Yamamoto, to include Item 1, stated above, FAILED on the following vote: AYES: NOES: SERRATO, YAMAMOTO BRICKF~N, GRISET, L~OURGER, MARKEL, WARD The MOTION made by Bricken to include Item 2 was not seconded. MOTION was made by Luxembourger, seconded by Yamamoto, to include Item 2, that the ordinance should require a structural pest control report within ninety days or less prior to occupancy. AYES: NOES: BRICKEN, GRISET~ L~OURGER~ SERRATO~ YAMAMOTO MARKBL, WARD MOTION was made by Serrato, seconded by Bricken, to include Item 3, that the ordinance shall require the subdivider to upgrade the project's water delivery system if the current system is in non-compliance with the City's current fire flow requirements~ with waiver provision. AYES: NOES: BRICKEN, GRISET, LUXE~BOURGER, MARl(EL, SERRATO, WARD, YAMAMOTO NONE The MOTION made by Serrato, seconded by Luxembourger, to include Item 4, that the age of each occupant be included in Tenant Identification, Divi- sion 4, Section 34-348, FAILED on the following vote: AYES: SERRATO NOES: BRICKEN, GRISET, LUXE~BOURGER, MARKEL, WARD, YAMAMOTO The NDTION mad~ by Serrato, seconded by Luxembourger, to include Item 5, that the words "other th~n dependent children,' be deleted from Division 4, Section 34-348, and that dependent children be included, FAILED on the follow- ing vote: AYES: NOES: LUXtB~OURGER, SERRATO BRtCKEN, GRISET, MARK~L, WARD, YAMAMOTO The MOTION by Serrato to include Item 6, that the Tenant Assistance Plan shall be provided by the subdivider of said apartment to each.tenant 30 days prior to filing a tentative map for conversion (Division 4), was not seconded. MOTION was made by Bricken, seconded by Luxembourger, to include Item 7, that the subdivider shall allow for an extension of termination to permit a tenant, including dependents, to con~lete a school semester or quarter as the case may be (Division 4). AYES: NOES: BRICI~N, GRISET, LUXttMBOURGER, SERRATO, WARD, YAMAMOTO MARKEL MOTION was made by Ward, seconded by Bricken, that conversion applicants be required to provide evidence of intent to mmintain ten percent of units for non-owner occupancy. AYES: NOES: BRICKEN, LUXtB~OURGER, SERRATO, WARD GRISBT, MARK~L, YAMAMOTO CITY COUNCIL MINUTES 292 AUGUST 20, 1979 MOTION was made by Ward, seconded by Bricken, to request the Planning Commission to consider separation of condominiu~n conversions and new condominiums. AYES: NOES: BRICKEN, GRISET, L[PXtlMBOURGER, MARKBL, WARD, YAMAMDTO SERRATO MOTION was made by Bricken, seconded by Ward, to indicate to the Planning Co~nission that all other terms and conditions in the proposed ordinance appear to be satisfactory, and to request that the Cormnission report back to Council on the items indicated by the foregoing motions within thirty days. AYES: NOgS: BRICKEN, GRISET, LUXtB~OURGER, MARl<EL, SERRATO, WARD, YAMAMOTO NONE CA 78.7 PUBLIC HEARING - A.D. 243 The Mayor announced that this SANTA ANITA SOUTH was the time and place fixed by RESOLUTIONS 79-143, 79-144, 79-145 the City Council for the hear- ADOPTED ing of protests or objections to the proposed construction of certain street improvements in Assessment District No. 243, Santa Anita South (bounded by First and Fifth Streets and Harbor Boulevard and Santa Ana River) and to determine whether or not said proceedings should proceed without the provisions of Division 4 of the Streets and Highways Code of the State of California. The Deputy Clerk of the Council announced that Notice of the Hearing was made as provided by law, and the following affidavits are on file in the Office of the Clerk of the Council: 1) Affidavit of Publication; 2) Certi- ficate of Posting Streets; 3) Certificate of Mailing Notice; and 4) Certificate of Filing Boundary Map. The Director of Public Works stmmmrized the extent of improvements and boundaries of the Assessment District. The Deputy Clerk of the Council read the letter dated August 11, 1979, from Bea Miley, 122 North Gunther Place, protesting the Assessment District; copies of a petition signed by Mary Bernstein, 12121 Burns Drive, Garden Grove, and Dick Gagasoff, 3621 West First Street, were distributed to the Council. There were no other written cormnunications. No speakers came forward in response to the Mayor's invitation to persons in opposition to the Assessment District. Ray Garcia, 202 South Gunther, spoke in favor of the proposal. There were no other speakers. The Mayor closed the public hearing. Following discussion, MOTION was made by Luxembourger, seconded by Bricken, to adopt the following resolution: RESOLUTION NO. 79-143 - RESOLUTION OF THE CITY COUNCIL OVERRULING AND DENYING PROTESTS (A.D. 243 - SANTA ANITA SOUTH). AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARK~L, SBRRATO, WARD, YAMA~0TO NONE MOTION was made by Luxembourger, seconded by Bricken, to adopt the follow- ing resolution: RESOLUTION NO. 79-144 - RESOLUTION OF THE CITY COUNCIL FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN PUBLIC IMPR~S IN A SPECIAL ASSESS~4ENT DISTRICT AND FURTHER STAT- ING THAT /HB SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 DOES NOT APPLY (A.D. 245- SANTA ANITASOUTH). CITY COUNCIL MINUTES 293 AUGUST 20, 1979 AYES: BRICKEN, GRISET, LUXEMBOURCER, MARKEL, SERRATO, WARD, YAMAMOTO NOES: NONE MOTION was made by Luxembourger, seconded by Yamamoto, to adopt the follow- ing resolution: RESOLUTION NO. 79-145 - RESOLUTION OF THE CITY COUNCIL ORDERING THE WORK AND IMPROVt~S, TOGETHER WITH APPURTENANCES, IN A SPECIAL ASSESSMENT DISTRICT (A.D. 243 - SANTA ANITA SOUTH). NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 90 CUP NO. 79-8, A.A. NO. 814 & The Mayor opened the public PARCEL MAP 79-884 - 801 S. LYON ST. hearing to consider Negative APPROVED - NS-1494 - 1ST READING Declaration and 1) Conditional Use Permit 79-8, filed by Lyon Street Apartments Co. #2 to convert 184 apartment units to condominiums at 801 South Lyon Street in the R 4 District; 2) Amendment Application No. 815, filed by Lyon Street Apartment Co. #2 proposing to amend Sectional District Map 17-5-9 to rezone property located on the east side of Lyon Street, at 801 South Lyon, between Chestnut and McFadden Avenues from the A 1 District to the R 4 District; and 3) Tentative Parcel Map 79-884, filed on March 22, 1979, by Lyon Apartment Co. #2creating one parcel, proposed parcel to be used for residential condomini~ns, generally located on the east side of Lyon Street, 1,540 feet south of Chestnut Avenue, and requested alley waiver. An Associate Planner presented the staff report, s~mnarizing the information contained in the Planning Commission Finding of Fact dated June 11, 1979, Planning Department Reports dated June 12 and June 26, 1979. The Deputy Clerk reported there were no written communications. Speakers in favor of the proposals were: James F. Croul, 1600 Dove Street #130, Newport Beach MickeyMadden, 2319 North Rosewood There were no speakers in opposition. The Mayor closed the public hearing. Following discussion, MOTION was made by Griset, seconded by Bricken, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution granting Conditional Use Pemit 79-8, affirming the decision of the Planning C~mmission. AYES: NOES: BRICKEN, GRISET, LUX~OURGER, SERRATO, WARD MARKEL, YAMAMOTO ~3TIONwas made by Bricken, seconded by Griset, to place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1494 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENI~v~NT APPLICATION NO. 815 TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF SOUTH LYON STREET, SOUTH OF CHEST- NUT AVENUE AND NORTH OF MC FADDEN AVENUE FROM THE A 1 (GENERAL AGRICULTURE) DISTRICT TO THE R 4 (SUBURBAN APARTMENT) DISTRICT AND AMENDING SECTIONAL MAP NO. 17-5-9. AYES: NOES: BRICKt~, GRISET, LUXt~IB~RGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE MDTION was made by Griset, seconded by Bricken, to approve Tentative Parcel Map 79-884, subject to conditions contained in Planning Director's Report, and waive the alley requirement. CITY COUNCIL MINUTES 294 AUGUST 20, 1979 2) Instruct the City Attorney to prepare an amendment to the Municipal Code to limit cable television franchise applications to a competitive "request for proposals" format under the following conditions: No applications to be received until such time as Council directs that proposals be requested; Application fee to be required in an amount suffi- cient to cover the costs to the City of retaining a professional consultant for the design of request for proposals, evaluation of applicants and other expenses incidental to processing of applications. AYES: NOES: BRICKI~q, GRISET, LUXEMBOURGER, SERRATO, WARD MARK~L, YAMAMOTO CA 130.4 LOUIS G. KOSSUTH As reconmended in the USE OF STADIUM AGREEMENT report dated August 16, CANCELLATION APPROVED 1979, prepared by the Leisure Services Manager, MOTION was made by Yamamoto, seconded by Markel, to approve immediate cancellation of the agreement between the City and Louis G. Kossuth for Speedway Motorcycle Racing; and to demand restoration of the floor of Eddie West Field - Santa Bna Stadiun, to the condition in which it existed as of May, 1978, giving the fifteen-day notice provided for in said agreement, as recommended by the Board of Recreation and Parks at its August 14, 1979 meeting. AYES: NOES: BRICKEN, GRISET, LUX~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE A-79-5; CA 52.8 CBTA TITLE II-B FUNDING PLAN MOTION was made by Bricken, OCTOBER 1, 1979 - SEPT~BER 30, 1980 seconded by Luxembourger, CONTINUED TO SEPTEMBER 4 to continue consideration of CETA Title II-B funding levels for certain programs for the period from October 1, 1979, through Septem- ber 30, 1980, in the total amount of $2,30?,?08, to September 4, 1979. AYES: NOES: BRICKBN, GRISET, LU~MBOURGER, MARK~L, SERRATO, WARD, YAMAMOTO NONE CA 131.11 WATER RATE INCREASES - 1979-80 MOTION was made by Yamamoto, SET FOR PUBLIC HEARING SEPTt~MBBR 4 seconded by Griset, to set for public hearing on Septem- ber 4, 1979, the proposed increases in water rates and fees for fiscal year 1979-80, as recom- mended in the report dated August 8, 1979, prepared by the Public Works Department. AYES: NOES: BRICKEN, GRISET, LUXI~IBOURGER, SERRATO, WARD, YAMANDTO MARKEL CA 12.2 'fkiRMINATION OF CONTRACT As recon~nended in the report REHABILITATION COUNSELOR dated August 14, 1979, pre- RATIFIED pared by the Executive Direc- tor of Redevelopment and Hous- ing, MOTION was made by Bricken, seconded, by Griset, to ratify the action of the Executive Director in termination of an employment contract (Rehabilitation Counselor - Tony Job). AYES: NOES: BRICKEN, GRISET, LUX~OURGER, MARK~L, SERRATO, WARD, YAMANDTO NONE A-79-26 CITY COUNCIL MINUTES 297 AUGUST 20, 1979 RI~T OF WAY ACQUISITION As recomended in the report WIDENING OF FIRST STREET dated August 8, 1979, prepared APPROVED by the Real Property Agent, MOTION was made by Bricken, seconded by Griset, to 1) Approve the agreement between City and Eugene L. Robb, W. Francis Robb and Virginia R. Warner for right of way purchase; 2) Approve the expenditure of $74,500 as fair market consideration there- for; and 3) Authorize execution of necessary transfer docu~nents in connec- tion with the purchase by Mayor and Clerk. AYES: NOES: BRICKEN, GRISET, LUX~OURGER, SERRATO, WARD, YAMAMOTO MARKEL A-79-112 CIVIC CENTER DRIVE MOTION was made by Bricken, STUDY CORRIDOR seconded by Griset, to direct STAFF DIRECTED staff to implement a Phase I land use policy study along the north side of Civic Center Drive west of Lowell prior to initiation of the Central Business District study, as recommended in the report dated August 15, 1979, prepared by the Planning Department. AYES: NOES: BRICKEN, GRISET, L~OURGt~, MARl(EL, S£RRATO, WARD, YAMAMOTO NONE CA 78 APPROPRIATION ADJUSTMENT #15 As recormnended by the City 1979-80 BUDGET Manager in the report dated APPROVED August 14, 1979, MOTION was made by Bricken, seconded by Ward, to approve Appropriation Adjustment No. 15 to provide payment of negotiated salary and wage increases, and decrease in State '~ailout AYES: NOES: BRICKF2q~ GRISET, LUXtB~BOURGER, SERRATO, WARD MARKEL', YAMAMDTO CA 65.3 RENEWAL OF FIRE INSURANCE As recommended in the report APPROVED dated Augost 16, 1979, prepared by the City Attorney, MOTION was made by Bricken, seconded by Ward to authorize acceptance and payment of the following: 1) Renewal Policy No. 72 CF 728576, issued by the Hartford, for the period comnencing September 1, 1979, and terminating September 1, 1982, covering one-third ($6,066,116.00) of the City's Fire Insurance exposure, with a 90% co-insurance clause and a $100.00 deductible for a renewal premium of $25,660.00. 2) Increasing the amount of insurance under the Hartford's Policy No. 72 CF 728542, for the period commencing Septem- ber 1, 1979, and expiring September.l, 1981, to $6,066,116.00 for a premium of $1,618.00. 3) Increasing the amount of insurance under the Hartford's Policy No. 72 CF 726690, for the period commencing September 1, 1979, and expiring September 1, 1981, to $6,066,116.00, for a premi~n of $809.00. AYES: NOES: BRICKEN, GRISET, LUXEMBOURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 88.20 CITY COUNCIL MINUTES 298 AUGUST 20, 1979 AYES: NOES: BRICKEN, GRISET, L~OURGER, MARKEL, SERRATO, WARD, YAMAMOTO NONE CA 78 CA 13.4A; CA 10; CA 25 AMENDMENT APPLICATION 819 The Mayor opened the public SOUTH SIDE OF CAMILLE hearing to consider Negative ORDINANCE NO. NS-1501 - 1ST READING Declaration and Amendment Application No. ~ 819, filed by John R. Clasen, Jack Clasen and Rosemary Clasen, to rezone property located on the south side of Camille Street at Harbor Boulevard, from the R 2 and C 2 Districts to the C 5 (Arterial Con~nercial) and R 2 B (Multiple Family Residential - Parking) Districts. The staff report was presented by the Planning Director, who s~marized the information contained in his written report dated July 30, 1979. The Deputy Clerk of the Council reported there were no written communica- tions. There were no speakers for or against the proposal. The Mayor closed the public hearing. MOTION was mmde by Griset, seconded by Serrato, to approve and file the Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1501 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENI)~mNT APPLICATION NO. 819 TO REZONE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF HARBOR BOULEVARD AND CAMILLE STREET, FROM THE R 2 (MULTIPLE-FAMILY RESIDENCE) DISTRICT AND %HE C 2 (GENERAL COM~iRCIAL) DISTRICT TO THE C 5 (ARTERIAL COMv~RCIAL) DISTRICT AND ~HE R2-B (~4JLTIPLE FAMILY RESIDENCE PARKING) DISTRICT AND AMENDING SECTIONAL MAP NO. 15-5-10. AYES: NOES: BRICKEN, GRISET, LUXI~OURGER, SERRATO, WARD, YAMAMDTO MARKEL CA 10 APPEAL NO. 408 - CUP 79-20 The Mayor opened the 1100 EAST 17TH STREET public hearing for con- DENIED sideration of Negative Declaration and Appeal No. 408 of the Planning C~mnissiondenial of Conditional Use Permit No. 79-20, filed by Foster & Kleiser Company to allow construction of an off-premise poster panel sign at 1100 East Seventeenth Street in the C 2 District. The Planning Director su~mrized the Planning Commission Finding of Fact dated July 23, 1979. The Deputy Clerk of the Council reported there were no written communi- cations. Rob Verman, Public Relations Representative of Foster ~ Kleiser, spoke in favor of the appeal. Mickey Madden, 2319 North Rosewood, spoke in opposition. Following discussion, the MOTION made by Markel, seconded by Serrato, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution granting Appeal No. 408, overruling the decision of the Planning Con~nission, and approving Conditional Use Permit 79-20, FAILED on the following vote: AYES: NOES: MARKEL, SERRATO, YAMAMOTO BRICKEN, GRISET, L~OURGER, WARD CITY COUNCIL MINUTES 295 AUGUST 20, 1979 NDTION was made by Griset, seconded by Bricken, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution denying Appeal No. 404, affirming the decision of the Plan- ning Comnission, and denying Conditional Use Permit 79-20. AYES: NOES: BRICKEN, GRISBT, LUXt~BOURGER, WARD MARKEL, SERRATO, YAMAMDTO CA 13.4A BID AWARD - PROJECT 8176 The Mayor opened the public SIDEWALKS REPLAC~c2qT PROGRAM hearing for consideration of AWARDED the bid award for Project 8176, Sidewalk Replacement~ Program, set for public hearing on August 6, 1979. The Director of Public Works summarized the Public Works staff report dated August 9, 1979. The Deputy Clerk reported there were no written com~mications not already before the Council. Mickey Mmdden, 2319 North Rosewood, spoke in favor of award to the second low bidder, Damon Construction Company. There were no other speakers. The Mayor closed the public hearing. MOTION was made by Yamamoto, seconded by Serrato, to reject NDL Construc- tion Company's bid on the basis of not being a responsible bidder, and award Project 8176 - Sidewalks Replacement Program to Damon Construction Company, South Gate, the second low bidder, on the basis of lowest responsible and responsive bidder, in the total amount of $82,120.00. AYES: NOES: BRICKEN, GRISET, LUX~MBOURGER, SERRATO, WARD, YAMAMOTO MARKEL CA 89 APPLICATION OF SIX-STAR CABLEVISION The Mayor announced that FOR COMMUNITY TV FRANCHISE this was the time and place DENIED - STAFF DIRECTED for the continuation of the public hearing for considera- tion of the application of Six-Star Cablevision, Inc. for a non-exclusive fifteen-year franchise for a community antenna television system to serve customers throughout the City of Santa Aha. The City Attorney summarized the staff report dated May 22, 1978. The Deputy Clerk of the Council reported there were no written communications. H. Rodger Howell, Rutanand Tucker, spoke in favor of granting the proposed franchise to Six-Star Cablevision, Inc. A representative of Six-Star also spoke in favor. Mickey Madden, 2319 North Rosewood, suggested that Council appoint a commit- tee to complete an analysis of the alternatives and then request competitive bids. Melvin Jones, 1115 South Birch Street, asked whether cable TV might present a problem with pornographic programs. There were no other speakers. The Mayor closed the public hearing. Following discussion, MOTION was made by Griset, seconded by Bricken, to : 1) Deny without prejudice Six-Star Cablevision's current application, with an invitation to Six-Star Cablevision to renew its application at such time as the Council may request proposals in a competitive format from all interested cable television operators; CITY COUNCIL MINUTES 296 AUGUST 20, 1979 ORAL C(lvB~UNICATION Mary Bernstein, 12121 Burns MARY BERNSTEIN - A.D. 243 Drive, Garden Grove, summarized SANTA ANITA SOUTH her objections to Assessment District 243, Santa Anita South, contained in the petition received by Council during the public hearing earlier in the evening, and which had been acted upon by the adoption of Resolution No. 79-143, overruling and denying protests. The Director of Public Works responded to the points raised by Mrs. Bernstein for her information only. CA 90 ORAL CO~V~JNICATION Melvin Jones, 1115 South Birch MELVIN JONES - OFF-STREET PARKING Street, requested information ORDINANCE - INFORMATION REQUESTED regarding Ordinance No. NS-1470 pertaining to yard area parking. The Mayor responded that the ordinance had been adopted earlier in the meeting, and would take effect thirty days from date of adoption; that additional information is available from the Planning Department. CA 78 ORAL CO~ICATION Don Harrelson, 1126 South Rita DON HARRELSON - SIDEWALK & CURBS Way, stated that his business W. 5TH ST. - REFERRED TO STAFF is located at 1531 West Fifth Street; that there have been inconsistencies in the repair of sidewalks and curbs on West Fifth Street; that he has presented a list of the repairs that have not been made to the Mayor. Mayor Ward responded that he will submit the list to the Director of Public Works for investigation and response directly to Mr. Harrelson. Council informally concurred. CA 35 ADJO~NT At 11:45 p.m. Council adjourned to August 23, 1979, at 5:30 p.m. in Room 831, City Hall, 20 Civic Center Plaza, for interviews of applicants for the Clerk of the Council position. ACTING CLERK OF THE COUNCIL CITY ~DUNCIL MIN~JTES 299 AUGUST 20, 1979