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HomeMy WebLinkAbout02-20-1981MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 2, 1981 The meeting was informally convened at 12:45 p.m., by Mayor Ward at the Fire Administration Facility, 1439 S. Broadway. Councilmembers present were Robert W. Luxembourger, J. Ogden Markel, Alfred C. Serrato, Harry K. Yamamoto, and Mayor James E. Ward. City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy were also present, as well as members of staff and the public. Councilmembers Daniel E. Griset and Gordon Bricken joined the meeting at 12:58 p.m. and 1:05 p.m. respectively. DEDICATION OF Following a ribbon cutting cere- FIRE ADMINISTRATION FACILITY mony at the entrance to the new Fire Administration Facility, the Mayor, Councilmembers, staff and public adjourned to the Engine Room for lunch. After lunch, dedication ceremonies were led by the Fire Chief. The Mayor recognized former fire chiefs, John Garthe and Gene Judd, who were present for the occasion, and expressed appreciation to all who had been instrumental in the construction of the impressive facility. Former Chief Ga~the presented a short history of Santa Ana's fire chiefs; current Chief William Reimer introduced Fire personnel present including a class of recruits. Captain Brothers reviewed development of the Facility, and Chief Reimer explained the Facility was ded- icated in honor of all Santa Ana's former fire chiefs. City Manager Wilson expressed his congratulations to the Fire Chief and staff for their efforts. ADJOURNMENT informal consent at 1:30 p.m. Following inspection of the site selected for placement of a monu- ment honoring former firemen, the meeting was adjourned by unanimous CITY COUNCIL MINUTES 35 FEBRUARY 2, 1981 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 2, 1981 The meeting was called to order at 2:04 p.m. by Maj~or Ward in the City Council Chambers, 22 Civic Center Plaza. Council members present were Gordon Bricken, Robert W. Luxembourger, J. Ogden Markel,, Alfred C. Serrato, Harry K. Yamamoto, and Ma.vor James E. Ward. City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy were also present. Council member Daniel E. Griset was absent. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Gordon Bricken. RECESS - HOUSING AUTHORITY At 2:05 p.m. Council recessed RECONVENED to convene the regular meeting of the Housing Authority. Council reconvened at 2:07 p.m., with all Council members present, except Councilman Griset who joined the meeting at 2:08 p.m. CONSENT CALENDAR STAFF RECOMMENDATIONS DISSENTING VOTES Yamamoto, and Items 7A & 16B by Ward. Item 9A was removed by Luxembourger; Items 1, 6A, 6B, 6C, 7B, 14, 15, 20A & 20B were removed by Markel; Item 4C by Serrato, Item 18 by Item 17B was removed by a member of the public. Bricken abstained on Item 9B; "No" votes were registered by Bricken and Ward on Item 5B. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED MOTION was made by Griset, seconded by Yamamoto,to approve the staff recommendations on the following Consent Calendar items: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None BID CALLS Approved plans and specifications and authorized advertisement of bids for the following: PROJECT 6162 - Rosita Park Concession Stand - Recreation & Parks BID AWARDS bidder: Awarded the following on the basis of being the lowest responsible and responsive SPEC 80-028 - 2 Replacement cabs and chassis 3/4 Ton - Public Works Awarded to Guaranty Chevrolet, in the amount of $17,989.95. SPEC 80-032 - 3 Replacement Utility Vehicles - Recreation and Parks Awarded to West Point Industries, in the amount of $14,119.68. SPEC 80-033 - I Replacement Van - Finance/Central Services - Awarded to Guaranty Chevrolet, in the amount of $7,476.76 CA 89 CA 89 CITY COUNCIL MINUTES 36 FEBRUARY 2, 1981 I CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued CHANGE ORDERS Approved t he fol 1 owl ng: PROJECT 8153 - Construct New Fire Station No. 4 and Office Facilities (Phase II) - Change Order No. 2; increasing in amount of $9,380.89 (2.67%) PROJECT 8153 - Construct New Fire Station No. 4 and Office Facilities {Phase II) - Change Order No. 3; increasing in amount of $4,148.70 {1.18%) / CA 89 ALCOHOLIC BEVERAGE APPLICATIONS Received and filed staff report on the following: COLLISON, Harlue; ICHIKAWA, Yukiro; and SASSER, Shigero, 2333 N. Tustin #N - Person to person Transfer Type "41" On-sale Beer and Wine Bona Fide Public Eating Place. SHEIKH, Hafiz & Nighat, 2128 N. Tustin - Original Type "20" Off-sale Beer and Wine (Bricken and Ward registered / "No" Votes). CA 146 SIMPSON, Debra, 810 S. Bristol - Original Type "42" On-sale Beer and Wine, Public Premises. PROTESTS: Police - High crime/~ rate and undue concentration; Planning - Variance required. CA 146.1 DEEDS GRANTOR - CITY Authorized execution of the following deeds M~yor and Clerk: COMMUNITY REDEVELOPMENT AGENCY OF SANTA ANA, north of Fourth Street, east of Ross Street; extinguish sewer easement. BLOWER, John S., et. al., east of Main Street, north of Edgewood; extinguish sewer easement. CA 155 CONDITIONAL USE PERMITS Deferred action on CUP 80-23 and CUP 80-24 to follow related public hearings on Amendment Applications No. 845 and Amend- ment Application No. 846 (Agenda Items 77 and 78 respectively); and approved Negative Declaration and Findings of Fact on CUP 80-25: NEGATIVE DECLARATION & CUP 80-23 - Filed by the M. D. Janes Company, Inc., to allow condominium development on a parcel to be rezoned from the R1 District to the R2-PRD District {A.A. 845) with less than 50% open space, increased density and less than three parking spaces per unit at 4125 W. Fifth Street. Staff Recommendation: Approval. APPROVED. NEGATIVE DECLARATION & CUP 80-24 - Filed by the M. D, Janes Company, Inc., to allow condominium development on a parcel to be rezoned from the A1 District to the R2-PRD District (A.A. 846) waiving a portion of the density, open space and parking requirements at 3922-4006 W. Fifth Street. Staff Recommendation: Approval. APPROVED. NEGATIVE DECLARATION & CUP 80-25 - Filed by Sullivan Manor to construct a 54-unit apartment development at 2506 W. First Street in the R2-PRD District. Staff Recommendation: Approval. APPROVED. V/CA 13.1 TENTATIVE TRACT MAP Approved and filed Negative Declarations; approved the following tentative tract maps subject to conditions in Planning Director's reports; waived alley requirements on Tentative Tract Map 11308: CITY COUNCIL MINUTES 37 FEBRUARY 2, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued TRACT MAP 11221 - Filed by Partin & Wills, creating 1 lot; proposed lot to be used for a 35-unit condominium; generally located at 909-921 North Garfield (Bricken abstained). TRACT MAP 11308 - Filed by California Pacific Properties, creating 8 lots; proposed lots to be used for condominium office units; generally located between MacArthur Blvd., and Sunflower Street and Juniper Streets; alley waiver requested. TRACT MAP 11329 - Filed by Santa Pacific Association, creating 1 lot; proposed lot to be used for a 12-unit condominium; generally located at 2201-2225 South Pacific Avenue, north of Warner Avenue. CA 24 ~ FINAL PARCEL MAP Approved final map and accepted the dedications thereon: PARCEL MAP 80-892 - Southwest corner of St. Gertrude Place and Lyon Street; 2 lots. CA 25.1 REPORT TO FILE Received and filed the following: PROCLAMATIONS CA 46 J CONTINUE ITEMS Continued to Februarary 17, 1981: CITY SERVICES TASK FORCE FINAL REPORT CA 80.9 (Council Referral No. 45-80) Continued to March 16, 1981: ALTERNATE CAPITAL IMPROVEMENT FUNDING (Council Referral No. 30-80) CA 65A * * * * * * CONSENT CALENDAR FINIS * * * * * * * MINUTES APPROVED following: MOTION was made by Bricken, seconded by Luxembourger, to approve the minutes for the Regular Meeting of January 19, 1981 (Agenda Item 1) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Yamamoto, Ward None None CHANGE ORDER NO I - PROJ 8191 POLICE FACILITY - ANNEX BLDG APPROVED MOTION was made by Serrato, seconded by Ward, to approve the following: PROJECT 8191 - Alteration of Police Facility and Annex Building Change Order No. 1; increasing in amount of $14,662.00 (5.9%). J (Agenda Item 4C) CA 89 DEEDS WITH CASH MOTION was made by Bricken, GRANTEE CITY - APPROVED seconded by Ward, to approve and authorize execution of all necessary documents by the Mayor and Clerk in connection with the purchases of the following: TUCKER, Reuben, et ux, northwest corner of Garfield & First Street; street purposes. (Agenda Item 6A) BUELL, John A., northwest corner of Garfield & First Street; street purposes. (Agenda Item 6B) WILLET, Gaylord T., north side of First, west of Lacy Street; street purposes. (Agenda Item 6C) CA 155 CITY COUNCIL MINUTES 38 FEBRUARY 2, 1981 SURPLUS PROPERTY - SPR 80-6 Lee Chesterfield, representing DEFERRED Park West Properties, spoke in favor of the negotiated transfer of surplus property as recom- mended by staff in the report dated December 23, 1980, on the following: SPR 80-6 - I parcel, southeast corner of Civic Center Drive and Shelton; appraised value $22,930. (Agenda Item 7A) The item was deferred to later in the afternoon agenda, by unanimous informal consent, to permit staff time to respond concerning buildi~A'C permit status for adjacent property. 45 SURPLUS PROPERTY - SPR 81-1 MOTION was made by Bricken, FIRST ST W OF GARFIELD seconded by Ward, to certify EXCHANGE AUTHORIZED the following property parcel as surplus, and authorize the Ma~vor and Clerk to execute all necessary documents to transfer title: SPR 80-1 - I parcel, north side of First Street; 50' west of Garfield; appraised value $19,400. (Agenda Item 7B) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None ~ CA 45 None TENTATIVE TRACT MAP 11179 MOTION was made by Luxembourger, 1601-1617 CIVIC CENTER DR seconded by Bricken, to approve APPROVED and file the Negative Declaration; approve subject to conditions in Planning Director's report; and waive the alley requirement on the following: NEGATIVE DECLARATION & TRACT MAP 11179 - Filed by CPC Interiors, Inc., creating I lot; proposed lot to be used for a 32-unit condo- minium; generally located at 1601-1617 Civic Center Drive West; alley waiver requested. (Agenda Item 9A) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Yamamoto, Ward None J CA ~ None UNINVESTIGATED LIABILITY CLAIMS REFERRED TO ADMINISTRATION MOTION was made by Bricken, seconded by Luxembourger, to refer the following to admin- istration: UNINVESTIGATED LIABILITY CLAIMS (Agenda Item 14) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None COUNCIL REFERRAL SUMMARY Following discussion, MOTION STAFF INSTRUCTED was made by Bricken, seconded ~D by Serrato, to place Council Referral No. 60-80 (Spanish Translator Increase in Fees) on the next Council agenda. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Yamamoto, Ward None None MOTION was made by Luxembourger, seconded by Markel, to receive and file the following, deleting items as recommended: CA 65.7b CITY COUNCIL MINUTES 39 FEBRUARY 2, 1981 COUNCIL REFERRAL SUMMARY (Agenda Item 15) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Yamamoto, Ward None None CA 80.2 1980 FEDERAL CENSUS PROGRAM RECEIVED & FILED MOTION was made by Bricken, seconded by Ward, to receive and file the following report: 1980 FEDERAL CENSUS PROGRAM (Agenda Item 16B) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Yamamoto, Ward None None CA 83 ~ GRANT PARK WELL SITE CONTINUED the complexity of the issues necessitated that discussions were still in progress. In response to Alden Pearce, 1Wilshire Blvd., Los Angeles, the City Manager reported a comprehensive approach, and MOTION was made by Luxembourger, seconded by Bricken, to continue the following as recommended: GRANT PARK WELL SITE (Agenda Item 17B) AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Ward, Yamamnto None Serrato CA 12 ~ CONDOMINIUM ORDINANCE REVISION MOTION was made by Bricken, SET FOR PUBLIC HEARING seconded by Yamamoto, to set the following for public hearing on March 2, 1981, at 7:30 p.m.; and direct staff to effect proper legal notice. Motion passed on the following vote: AYES: NOES: None ABSENT: Serrato RESOLUTION NO 81-J~ GRANTING CUP 80-21 - ADOPTED Bricken, Griset, Luxem~ourger, Markel, Ward, Yammoto CA 78.7 MOTION was made by Bricken, seconded by Griset, to adopt the following resolution: RESOLUTION NO. 81-~g~ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION GRANTING CONDITIONAL USE PERMIT NO. 80-21. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Ward, Yamamoto Markel Serrato CA 13.1 RESOLUTION NO 81-20 - DENYING WAIVER APP 80-5 - ADOPTED MOTION was made by Bricken, seconded by Luxembourger, to adopt the following resolu- tion: RESOLUTION NO. 81-20 - A RESOLUTION OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION DENYING WAIVER APPLICATION NO. 80-5 AND DENYING APPEAL NO. 430. CITY COUNCIL MINUTES 4O FEBRUARY 2, 1981 I AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Ward, Yamamoto Markel Serrato 13.6 RECESS Council recessed at 3:06 p.m., and reconvened at 3:20 p.m., with all members present. SURPLUS PROPERTY 80-6 Following discussion, MOTION CIVIC CENTER AND SHELTON - APPROVED was made by Yamamoto, seconded by Luxembourger, to approve the following sale of surplus property, and authorize the Mai, or and City Clerk to execute all necessary documents required with the contingency that transfer not occur until the building permit is issued. SPR 80-6 - 1 parcel, southeast corner of Civic Center and Shelton Street; appraised value $22,930. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None /C None A 45 ORD NS-1562 - RESERVE PEACE OFFICERS' POWERS - 1ST'RE~DtNG & PUBLICATION OF TITLE MOTION was made by Bricken, seconded by Luxembourger, to place the following on first reading and authorize publi- cation of title: ORDINANCE NS-1562 - AN ORDINANCE OF THE CITY OF SANTA ANA PROVIDING THAT CERTAIN RESERVE PEACE OFFICERS SHALL HAVE THE POWERS OF A REGULAR POLICE OFFICER. AYES: NOES: ABSENT: Bricken, Griset, Luxen~)ourger, Markel, Serrato, Ward, Yamameto None None / CA 47 RES NO 81-21 - APPROVING HOUSING/CD BLOCK GRANT DRAFT APPLICATION - ADOPTED MOTION was made by Luxembourger, seconded by Bricken, to adopt the following resolution: RESOLUTION NO. 82-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE DRAFT APPLICATION FOR THE FUNDING OF THE SEVENTH YEAR HOUSING AND COMMUNTIY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE CITY OF SANTA ANA, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE OF THE CITY OF SANTA ANA TO ACT IN CONNECTION WITH THE AFORESAID DRAFT APPLICATION, TO TAKE ALL NECESARY STEPS TO FILE SAID APPLICATION AND TO PROVIDE SUCH ADDITIONAL INFORMATION AS MAY BE REQUIRED BY THE AUTHORIZED STATE AND REGIONAL CLEARINGHOUSES. AYES: Yamamoto NOES: None ABSENT: None Bricken, Griset, Luxembourger, Markel, Serrato, Ward, APPEAL DANCE PERMIT - 3622 W 5TH CLERK AUTHORIZED CA 140.720 Following discussion of the letter dated January 19, 1981, from W. S. Anagnostou, attorney for Jorge B. Andrade, MOTION was made by Bricken, seconded by Ward, to approve the following recommendations: 1) Authorize the Clerk to appoint a hearing officer and fix the time and place for hearing the ap- peal of Jorge B. Andrade from the decision of the Police Chief regarding an application for dance permit; and CITY COUNCIL MINUTES 41 FEBRUARY 2, 1981 2) Authorize payment of said hearing officer. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None CA 26.8 SAMOAN FEDERATION REQUEST Following discussion of the REFERRED TO STAFF letter dated January 23, 1981, from Chief Toleafoa L. Teo, Executive Director, Samoan Federation, requesting office space from which assistance might be pro- vided to Samoans in Orange County and the City of Santa Aha, MOTION was made by Yamamoto, seconded by Bricken, to refer the matter to staff. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None CA 9.4 TRAFFIC SIGNAL-WARNER AVE MOTION was made by Yamamoto, AND PULLMAN ST - REFERRED seconded by Bricken, to refer TO STAFF to staff the written request, dated January 19, 1981, from Mel Packard, Assistant to the Vice President, Data Card Corporation, requesting a traffic signal to be installed at Warner Avenue and Pullman. Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None CA 18.3 AYES: NOES: ABSENT: SA FIREMEN'S BENEVOLENT ASSOC. MOTION was made by Luxembourger, MEMORIAL - APPROVED seconded by Serrato, to approve the request of the Santa Ana Firemen's Benevolent Association to place a free-standing memorial, commemorating deceased members, in front of the Fire Administration Facility. AYES: Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto NOES: Bricken ABSENT: None CA 64 ~ TRAFFIC CONTROLS - lOTH & FRENCH Following clarification of the & lOTH & SPURGEON - AUTHORIZED proposed traffic control locations by the Transportation Engineer, MOTION was made by Bricken, seconded by Ward, to approve the following recommendations; 1) Authorize installation of stop signs on Spurgeon Street at lOth to create a four-way stop; Authorize installation of additional red curb markings on both Spurgeon and French Streets at loth Street to improve sight distance; and 2) Deny the request to install stop signs on French Street at loth Street and Minter to create a four-waJ, stop. 8) Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None J None CA 18.3 AYES: NOES: ABSENT: CITY COUNCIL MINUTES 42 FEBRUARY 2, 1981 USE OF CITY EMBLEM Mrs. Barbara Chapman addressed CA INSTRUCTED Council expressing her intentions to display the City Seal on ceramic and wood products which would not only be sold for profit, but which would also promote Santa Ana as the "Golden City". MOTION was made by Bricken, seconded by Ward, to instruct the City Attorney to prepare an ordinance adding an appropriate section to the Municipal Code which would permit franchise agreements, involving use of the City Seal, to be entered into subject to Council approval. Motion passed as follows: AYES: Bricken, Griset, Markel, Ward NOES: Luxembourger, Serrato, Yamamoto ABSENT: None /CA 80.12 REC & PARK REORGANIZATION MOTION was made by Bricken, & BUDGET - CONT TO EVENING SESSION seconded by Griset, to vote separately on each of the four recommendations contained in the staff report dated January 9, 1981, prepared by the Director of Recreation and Parks, continued from the previous meeting. Following discussion, Bricken WITHDREW the Motion. MOTION was then made by Griset, seconded by Bricken, to continue the Recreation and Parks Department Reorganization and Budget to the evening session. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None ~ None 1981 LEAGUE OF CALIFORNIA CITIES ANNUAL MEMBERSHIP - APPROVED California Cities for Calendar Year 1981. MOTION was made by Bricken, seconded by Griset, to auth- orize payment of $6,238.00 to the State League of AYES: NOES: ABSENT: Bricken, Griset. Luxembourger, Markel, Serrato, Ward, Yamamoto None None / CA 148.1 SANTA ANA TRANSPORTATION CORRIDOR As recommended in the staff PHASE I ALTERNATIVES ANALYSIS report dated January 23, 1981, STAFF RECOMMENDATIONS APPROVED prepared by the Transportation Department, MOTION was made by Bricken, seconded by Griset, to approve the staff recommendations on the Phase I Summary Report and auth- orize the Mayor to transmit these recommendations to the Orange County Transportation Commission. AYES: Bricken, Griset, Luxembourger, Markel, Ward, Yamamoto NOES: None / ABSENT: Serrato CA 84.3 CIVIC CENTER COURTHOUSE REFLECTOR MOTION was made by Yamameto, POOLS - AUTHORIZED seconded by Bricken, to approve the concept · of restoring the northerly courthouse reflector pool and converting the southerly courthouse reflector pool to a "dry stream" landscape. Motion FAILED on the following vote: CITY COUNCIL MINUTES 43 FEBRUARY 2, 1981 I AYES: NOES: ABSENT: Bricken, Gri set, Yamamoto Luxembourger, Markel, Ward Serrato MOTION was made by Bricken, seconded by Ward, to approve the concept of restoring and maintaining both the northerly and southerly reflector pools. Motion PASSED on the following vote: AYES: Bricken, Griset, Luxembourger, Ward, Yamamoto NOES: Markel ~ ABSENT: Serrato CA 77.18 OUTSIDE LEGAL COUNSEL - PERSONNEL BOARD - APP ADJ 133 APPROVED MOTION was made by Bricken, seconded by Ward, to approve Appropriation Adjustment No. 133 transferring $3,000 from 11-O00-Council Contingency to 11-141-Personnel to obtain outside legal counsel for the Personnel Board to assist in conducting disciplinary appeal hearings. AYES: Bricken, Griset, Luxembourger, Markel, Ward, Yamamoto NOES: None ~ ~ ABSENT: Serrato CA 80.9 ORAL COMM - MAYOR The Mayor requested that the CALTRANS PARTICIPATION IN AMTRAK - City respond to the proposal REFERRED TO STAFF received from CalTrans for a joint powers agreement for development of the new Santa Ana Multimedal Station. MOTION was made by Bricken, seconded by Luxen~bourger, to refer to staff the report dated January 19, 1981, entitled "Proposal for Design of Santa Ana Multimedal Station". AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None CA 113.5 ORAL COMM - MAYOR The Mayor requested that Council GPRP CITIZENS' FORUMS consider the memo dated January APPROVED 30, 1981, prepared by the City Manager's office, regarding Citizens' Forums on General Plan Revision Program. MOTION was made by Yaman~to, seconded by Bricken, to approve the formation of the Citizens' Forums delineated in said memo. AYES: NOES: ABSENT: Bricken, Griset, Luxen~bourger, Markel, Serrato, Ward, Yamameto None None CA 78.3 ORAL COMM - BRICKEN Councilman Bricken expressed POLICE RESPONSE TIME concern regarding the in- BUDGET DELIBERATIONS creasing Police emergency response time reflected in the City Manager's January semi-monthly report, and requested that staff re-examine the original criteria establishing the Team Policing Program. He also requested that budget deliberations be started earlier for the 1981-82 fiscal year. CITY COUNCIL MINUTES 44 FEBRUARY 2, 1981 I ORAL COMM - SERRATO Councilman Serrato related EX 73-27 - 1631-1633 S STANDARD it had been brought to his SET FOR PUBLIC HEARING 2/2/81 attention that EX 73-27 (revocation of minor excep- tion, 1631-1633 S. Standard, Coco's Bar) brought before Council January 19, 1981, had been continued to later in the meeting the same date; however, the parties involved misunderstood, and felt Council had continued the item to another day. MOTION made by Serrato, seconded by Luxe~ourger, to reconsider the matter, passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None MOTION was then made by Serrato, seconded by Luxembourger to set the matter for public hearing on March 2, 1981. AYES: Bricken, Griset, Luxe~ourger, Markel, Serrato, Ward, Yamamoto NOES: None /~ ABSENT: None CA 13.2 ORAL COMM - CITY MANAGER The City Manager provided CATV FRANCHISE SCHEDULE Council with a proposed CATV Franchise schedule, and stated that he would proceed with implementation of said schedule if Council had no objections. UNAUTHORIZED USE OF Councilman Yamamoto requested CITY SEAL - CA INSTRUCTED the City Attorney write a letter notifying Storer Cable TV of their violation of the SAMC by using the City Seal without Council's approval. ORAL COMM - YAMAMOTO In response to the request NEIGHBORHOOD WATCH SIGNS dated January 12, 1981, from REFERRED TO STAFF the Community Oriented Policing Association relative to funds for signs to be placed throughout the City promoting the COP Program, MOTION was made by Yaman)Yco, seconded by Ward to refer the matter to staff. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None j None CA 47 ORAL COMM - MARKEL MCKAY GARMENT INDUSTRIES REFERRED TO STAFF Mr. Markel presented Council with photographs depicting various zoning violations at 1606 South Main. MOTION was made by Yamamoto, seconded by Ward, to refer the matter to staff for enforcement of the violations, and to report to Council concerning the matter on February 17, 1981. AYES: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto NOES: None ~ ABSENT: None CA 10 EXECUTIVE SESSION At 4:56 p.m. Council recessed DINNER RECESS to Executive Session, and RECONVENED returned at 5:27 p.m., and immediately recessed to dinner with the Bowers Memorial Museum Board members at Nieuport 17, 1615 East Seventeenth Street. CITY COUNCIL MINUTES 45 FEBRUARY 2, 1981 The meeting was reconvened in the Council Chambers at 7:35 p.m., with Council- men Bricken and Markel arriving at 7:45 p.m. and 7:50 p.m. respectively. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by the City Manager. SPECIAL PRESENTATION Bill Guard returned $1,000 advance funds to the Maj~or from the Golden City Awards Committee. The Mayor presented Certificates of Appreciation to Mel Cohen on behalf of the Lions Club; to Cliff Benson on behalf of the Kiwanis Club; and to Bill Guard on behalf of the Rotary Club, stating that the City was most grateful for the help of these organizations with the Golden City Awards. PROCLAMATIONS Councilmen Griset presented a "BLACK HISTORY WEEK" proclamation to Helen M. Shipp, "VOCATIONAL EDUCATION WEEK" Chairperson, Orange County Black Historical Commission, designating the week of February 7-14, 1981 as "Black History Week". Ms. Shipp thanked Council and explained the route for the parade to be held on Saturday, February 7, and also related the other activities involved. She invited Council to participate in the scheduled activities. Councilman Luxembourger presented a proclamation to Rebecca McCabe, Program Specialist, Career Occupational Development Center, designating February 8-14, 1981, as "Vocational Education Week" in the City of Santa Aha. Ms. McCabe thanked Council and invited them to visit the Career Center. CA 46 AGENDA ORDER Bill Noble, Villa Grande Mobile TRAFFIC SIGNAL - CHESTNUT & Homes, spoke in favor of placing LYON - APPROVED the installation of a traffic signal at Chestnut Avenue and Lyon Street to top priority on the City's Traffic Signal Priority List, FY 1980-81. Following discussion, MOTION was made by Bricken, seconded by Luxembourger, to move the installation of a traffic signal at Chestnut Avenue and Lyon Street to top priority on the City's Traffic Signal Priority List. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Serrato, Ward Markel, Yamamoto None CA 18.3a PUBLIC HEARING - EX 80-50 In accordance with the request 3950 S. MAIN ST by the Principal Planner to CONTINUED TO 3/16/81 continue the public hearing on this matter as the applicant had not yet completed his research on the metter, MOTION was made by Bricken, seconded by Serrato, to continue the public hearing on Minor Exception No. 80-50 to March 16, 1981. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None None CA 13.2 PUBLIC HEARING - AMEND. APP. ~843 The Mayor announced that this E. SIDE OF BIRCH, BETWEEN 1ST & was the time and place for the 2ND; - ORD NO. NS-1563 -1ST READING public hearing of Amendment & PUBLICATION OF TITLE Application No. 843, filed by the City of Santa Aha to rezone property located on the east side of Birch Street between First and Second Streets, from the R3, HD II (Medium Density Residential, Height District II) and C2, HD II (General Commercial, Height District II) Districts to the CD, HD II (Civic Development, Height District II) District. CITY COUNCIL MINUTES 46 FEBRUARY 2, 1981 The Principal Planner presented the staff report and recon~nendations. The Clerk of the Council reported there were no written communications. There were no speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Luxembourger, seconded by Bricken, to approve and file the Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1563 - AN ORDINANCE OF THE CITY OF SANTA ~NA APPROVING AMENDMENT APPLICATION NO. 843 TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF BIRCH STREET BETWEEN FIRST AND THIRD STREETS, FROM THE R3, HD II (MEDIUM DENSITY RESIDENTIAL, HEIGHT DISTRICT II) AND C2, HD II (GENERAL COMMERCIAL, HEIGHT DISTRICT II) DISTRICTS, TO THE CD, HD II (CIVIC DEVELOPMENT, HEIGHT DISTRICT II) DISTRICT, AND AMENDING SECTIONAL MAP NO. 12-5-10. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Grlset, Luxembourger, Markel, Serrato, Yamamoto Ward None '~CA 10 PUBLIC HEARING - AMEND. APP. #845 4125-4131 W. 5TH ST.; ORD. NO. NS-1564 -1ST READING & PUBLICATION OF TITLE; CUP 80-23 APPROVED The Mayor announced that this was the time and place for the public hearing of Amendment Appli- cation No. 845, filed by Helen E. Applebury, to rezone property located at 4125-4131 West Fifth Street, from the R1 (Single Family Residential) District to the R2-PRD (Multiple Family- Planned Residential Development) District. The Planning Director presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. George Alvarez of the Janes Co., spoke in favor of the amendment application. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Bricken, seconded by Luxe~ourger, to approve and file the Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1564 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 845 TO REZONE PROPERTY LOCATED ON THE NORTH SIDE OF FIFTH STREET BETWEEN NEWHOPE STREET AND HARBOR BOULEVARD FROM THE R1 (SINGLE FAMILY RESI- DENTIAL) DISTRICT AND AMENDING SECTIONAL MAP NO. 9-5-10. and, to approve the Negative Declaration and Findings of Fact on CUP 80-23 to allow condominium development on a parcel to be rezoned from the R1 District to the R2-PRD District with less than 50% open space, increased density and less than three parking spaces per unit. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Serrato, Ward, Yamamoto~ Markel J None CA 10 CITY COUNCIL MINUTES 47 FEBRUARY 2, 1981 I PUBLIC HEARING - AMEND. APP. #846 The Mayor announced that this 3922-4006 W. 5TH ST.; ORD NO. NS-1565 was the time and place for the 1ST READING & PUBLICATION OF TITLE; public hearing of Amendment CUP 80-24 - APPROVED Application No. 846, filed by H. L. Stumpf, to rezone property located at 3922-4006 West Fifth Street, from the A1 (General Agricultural) District to the R2-PRD (Multiple Family-Planned Residential Development) District. The Planning Director presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. George Alvarez of the Janes Co., spoke in favor of the amendment application. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Bricken, seconded by Luxembourger, to approve and file the Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1565 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 846 TO REZONE PROPERTY LOCATED ON THE SOUTH SIDE OF FIFTH STREET BETWEEN NEWHOPE STREET AND HARBOR BOULEVARD FROM THE A1 (GENERAL AGRICULTURAL) DISTRICT TO THE R2-PRD (MULTIPLE FAMILY-PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL I~AP NO. 9-5-10. and, to approve the Negative Declaration and Findings of Fact on CUP 80-24 to allow condominium development of a parcel to be rezoned from the A1 District to the R2-PRD District waiving a portion of the density, open space and parking requirements at 3922-4006 West Fifth Street. AYES: Griset, Luxembourger, Serrato, Ward, Yamamoto NOES: Markel ABSENT: B~cken CA 10 CA 13.1 The Council recessed at 8:50 p.m., and reconvened at 9:04 p.m., with all Councilmembers in attendance. PUBLIC HEARING - APPEAL #431 The Mayor announced that this VA 80-70; 3317-3401W. 5TH ST. was the time and place for the CONTINUED TO 2/I7/81 public hearing of Appeal No. 431, Variance Application No. 80-70, filed by Phil Rocco, appealing the Planning Commission's decision to deny a variance to allow automobile salvage and recycling at 3317-3401 West Fifth Street. The Principal Planner presented the staff report and recommendations. The Clerk of the Council reported a written communication from Ferman Alarcon, objecting to the appeal. MOTION was made by Yamamoto, seconded by Luxembourger, to receive and file the communication from Ferman Alarcon. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxen~aourger, Markel, Serrato, Ward, Yamamoto None None The following persons spoke against the appeal, and requested a continuance: Mary Lou Devarona, 3326 W. 7th Street Mart ha Ramirez, 3301W. 5th Street Jaime Ruiz Hernandez, 513 N. Jackson Street CITY COUNCIL MINUTES 48 FEBRUARY 2, 1981 Jaime Ruiz Hernandez presented a petition containing 61 signatures against the appeal. Dean Evans, representing Phil Rocco, spoke in favor of the appeal, request- ing that it be heard at this time. Following discussion, MOTION was made by Yamamoto, seconded by Serrato, to continue the public hearing of Appeal No. 431, VA 80-70, to February 17, 1981, for a time certain at 5:00 p.m. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Ward, Yamamoto Luxembourger, Markel, Serrato None CA 13.3 AGENDA ORDER The Recreation and Parks Director RECREATION & PARKS presented a detailed report on the INCREASED BUDGET APPROVED proposed budget increase for pro- grams at sixteen Outreach Centers. MOTION made by Bricken, seconded by Ward, to approve an expenditure of $10,000, consisting of $7,000 for therapeutics and $3,000 for Senior Citizens, passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Markel, Serrato, Ward Yamamoto None MOTION made by Griset, seconded by Bricken, to approve an expenditure of $17,500, consisting of $4,500 for teen activities, $6,000 for play- grounds, and $7,000 for youth sports, was then amended to delete the $4,500 for teen activities, for a new total proposed expenditure of $13,000, consisting of $6,000 for playgrounds and $7,000 for youth sports. Motion to approve the expenditure of $13,000 for playground and youth sports passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxem~ourger, Markel, Serrato, Ward Yamamoto None Councilman Serrato left the meeting at 9:23 p.m. MOTION made by Luxembourger, seconded by Ward, to deny the expenditure of $10,000 for public relations, passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Ward, Yamamoto Markel Serrato MOTION made by Bricken, seconded by Ward, to deny the expenditure of $7,600 for a Spanish-speaking Clerk Typist I, passed on the following vote: AYES: NOES: ABSENT: Bricken, Luxembourger, Ward, Yamamoto Griset, Markel Serrato MOTION made by Bricken, seconded by Ward, to authorize the City Manager to release funds for the approved budget increases from the appropriate accounts, passed on the following vote: AYES: Bricken, Griset, Luxembourger, Markel, Ward / NOES: Yamamoto ~ ABSENT: Serrato CA 52 CITY COUNCIL MINUTES 49 FEBRUARY 2, 1981 PUBLIC HEARING - APPEAL ~432 The Mayor announced that this EX 80-60 - 1120 S. BRISTOL ST was the time and place for the CA AUTHORIZED public hearing of Appeal No. 432, Minor Exception No. 80-60, filed by D. H. Supermarket, Inc., appealing the Zoning Administrator's decision to deny a minor exception to allow off-sale beer and wine (Type 20 License) in a market (Diho Market) at 1120 South Bristol Street. The Principal Planner presented the staff report and recommendations. The Clerk of the Council reported a written communication from Elizabeth Lou Lam in favor of the appeal. MOTION made by Bricken, seconded by Ward, to receive and file the written communication from Elizabeth Lou Lam, passed on the following vote: AYES: NOES: ABSENT: Bricken, Luxembourger, Markel, Ward, Yamamoto None Griset, Serrato The following persons spoke in favor of the appeal: Elizabeth Lou Lam, 328 S. Atlantic Blvd., Suite 200, Monterey Park Joseph Quan, Secretary, Diho Market Richard Longshore, 2314 N. Park There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Luxembourger, seconded by Griset, to approve and file the Notice of Exemption and to instruct the City Attorney to prepare a resolution granting Appeal No. 432, approving EX 80-60, and overruling the decision of the Zoning Administrator. Motion passed on the following vote: AYES: NOES: ABSENT: Griset, Luxembourger, Markel, Ward Bricken, Yamamoto Serrato CA 13.5 PUBLIC HEARING - APPEAL #433 The Mayor announced that this EX 80-59 - 3801S. BRISTOL ST. was the time and place for the CONTINUED TO 2/17/81 public hearing of Appeal No. 433, Minor Exception No. 80-59, filed by Lou Bacca Chevron Service, appealing the Zoning Administrator's decision to der6' a minor exception to allow off-sale beer and wine in an existing convenience market within a service station (Chevron) in a shopping center. The Principal Planner presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. The following persons spoke in favor of the appeal: Lou Bacca, applicant of the appeal Virgil Davidson, 2129 N. Hesperian There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Griset, seconded by Ward, to grant Appeal No. 433, approving EX 80-59, and overruling the decision of the Zoning Administrator, provided that the existing market be confined to its present location in the office area, and that any signs allowed be subject to approval by the Planning Department. Motion FAILED on the following vote: CITY COUNCIL MINUTES 50 FEBRUARY 2, 1981 AYES: NOES: ABSENT: Griset, Luxembourger, Markel Bricken, Ward, Yamamoto Serrato MOTION made by Griset, seconded by Bricken, to continue this matter to February 17, 1981, passed on the following vote: AYES: Bricken, Griset, Luxembourger, Markel NOES: Ward, Yamamoto ABSENT: Serrato i~CA 13.5 EXECUTIVE SESSION The Council recessed to Executive LITIGATION ACTIONS Session from 10:25 p.m. to CA AUTHORIZED 10:55 p.m. By way of action out of Executive Session, MOTION was made by Bricken, seconded by Ward, to authorize the City Attorney to appeal the 4th District Court Opinion of Santa Ana vs. Mitchell Brothers, Case No. 19940. Motion passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Markel, Ward, Yamamoto None Luxen~bourger, Serrato MOTION made by Griset, seconded by Bricken, to authorize the City Attorney to appeal the Superior Court decision in the case of David Galvin vs. City of Santa Aha, passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Markel, Ward, Yamamoto None Luxembourger, Serrato MOTION made by Yamaha)to, seconded by Luxembourger, to authorize the City Attorney to institute foreclosure proceedings with respect to property located at 333 W. Seventeenth Street, passed on the following vote: AYES: NOES: ABSENT: Bricken, Griset, Luxen~Dourger, Markel, Ward, Yamamoto None Serrato ~/CA 139 ADJOURNMENT The meeting was adjourned at 10:56 p.m., by unanimous informal consent. CITY COUNCIL MINUTES 51 FEBRUARY 2, 1981