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HomeMy WebLinkAbout05-04-1981MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 4, 1981 The meeting was called to order by Mayor Bricken at 1:06 p.m., in Room 831, City Hall, 20 Civic Center Plaza. Councilmembers present were John Acosta, Daniel E. Griset, R. W. Luxembourger, J. Ogden Markel, Patricia McGuigan, Alfred C. Serrato, and Mayor Gordon Bricken. Also present were City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy, as well as members of the press and representatives of Cable TV firms and the Santa Aha Chamber of Commerce. CATV TASKS The Mayor explained that he had met with representatives of the four cable television firms currently under consideration by the City of Santa Ana for a CATV franchise to clarify uncertainties regard- ing the selection process, and that the purpose of this meeting was to establish guidelines for proceeding in an orderly manner with the selection process. The City Manager then distributed copies of a list of tasks rel- ative to the selection process, which had been developed by the CATV Technical Advisory Committee. Councilmembers discussed tasks numbered 1-5 on that list, and specified several modifications which they felt should be included in the process, including, but not limited to, the need to identify specific outputs for each task, a desire to personally interact with the Technical Advisory Committee, and the necessity of identifying a method for selection of the final candidate prior to the date for such selection. The City Manager inquired as to what role the Council wished be assigned the CATV firms in this process, and recommended they be treated as "vendors" of any goods/service to the City. Council agreed to continue discussion of the item on the regular May 4 agenda. ~ /~ ~ ADJOURNMENT The Mayor declared the meeting adjourned at 2:04 p.m. CITY COUNCIL MINUTES 143 MAY 4, 1981 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA May 4, 1981 The meeting was called to order at 2:15 p.m. by Mayor Bricken in the City Council Chambers, 22 Civic Center Plaza. Councilmembers present were John Acosta, Daniel E. Griset, Robert W. Luxembourger, J. Ogden Markel, Patricia A. McGuigan, Alfred C. Serrato, and Mayor Gordon Bricken. City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy were also present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman J. Ogden Markel. RECESS - HOUSING AUTHORITY RECONVENED At 2:18 p.m. Council recessed to convene the regular meeting of the Housing Authority. Council reconvened at 2:20 p.m., with all Councilmembers present. CONSENT CALENDAR ITEMS REMOVED The following items were removed from the Consent Calendar: 2B, 2D, 2E, 5E, 12A, 15, and 16A. Act ion on Item 9D was deferred to follow Item 79 on the evening agenda. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED MOTION was made by Acosta, seconded by Serrato, to approv~ the staff recommendations on the following Consent Calendar items: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MINUTES Approved the Minutes of the Adjourned Regular Meeting of April 14, 1981; the Adjourned Regular Meeting of April 20, 1981; and the Regular Meeting of April 20, 1981. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 2076 - Emulsion Aggregate Slurry Seal for Designated Streets - Transportation. PROJECT 4052 - Construction of Storm Drain at NW Corner of Main St. & MacArthur Blvd. - Public Works. CA 89 BID AWARD Awarded the following in accordance with summary of bid reports submitted: PROJECT 2078 - Contractual Tree Maintenance at Designated Street Locations - Transportation; awarded to Allied Tree, in the amount of $28,928.50. CA 89 CHANGE ORDER Approved the following change order: PROJECT 8132 - Alteration of Police Facility and Annex Building - Change Order No. 4; increasing in amount of $316.00 (.13%). CA 89 CITY COUNCIL MINUTES 144 MAY 4, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued ALCOHOLIC BEVERAGE LICENSE APPLICATIONS Received and filed staff reports on the following: NORTHCUTT, J. Phillip, 2238 S. Flower - Original Type "20" Off-sale Beer and Wine. PROTEST: Variance required - Planning. CA 146.1 WARNER, Annabelle A., 2534 W. Westminster - Person- to-person Transfer Type "42" On-sale Beer and Wine, Public Premises. CESIO, Steven J., 2024 N. Broadway, Suite #109 - Wholesale Business/Original Type "16" Wine Broker. CA 146 PRATT, Fred, 5017-5019 W. Edinger - Original Type "41" On-sale Beer and Wine Eating Place. Established location; previous license cancelled upon sale of business. PROTEST: Minor Exception required - Planning. CA 146.1 DEEDS NO CASH GRANTOR CITY Authorized execution by the Mayor and Clerk of the following deed: 2525 ASSOCIATES, Santiago Park, N/Edgewood, E/Main; drainage purposes. CA 155 DEEDS WITH CASH GRANTEE CITY Approved the following deed and authorized execution of all necessary documents in connection with purchase by the Mayor and Clerk: DUNLAP, Virgil Ventin, WS/Euclid, N/Lehnhardt; street purposes. CA 155 TENTATIVE PARCEL & TRACT MAPS Approved withdrawal of the following parcel map as requested by developer: NEGATIVE DECLARATION & PARCEL MAP 81-878 - Filed by Trammel Crow Company, creating 2 parcels; pro- posed parcels to be used for office/industrial purposes; generally located on the northwest corner of MacArthur Boulevard and Harbor Boulevard. CA 25.2 Approved and filed Negative Declarations; approved subject to conditions in Planning Director's reports; and waived alley requirement on Tentative Tract Map 11327: NEGATIVE DECLARATION & PARCEL MAP 81-881 - Filed by Owl Rock Company, creating 4 parcels; proposed parcels to be used for industrial purposes; gener- ally located on the southeast corner of Washington and Fuller. CA 25.2 NEGATIVE DECLARATION & TRACT MAP 11327 - Filed by T~ Atkinson, creating 1 lot; proposed lot to be used for condominium purposes; generally lo- cated at 3019 West Edinger between Mohawk and Fairview Streets; alley waiver requested. CA 24 AGREEMENT Approved the following agreement and authorized execution by the Mayor and Clerk: AMENDMENT TO AGREEMENT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES - Between City and P.O.D., Inc., for landscape architectural consultant services in- creasing the amount from $20,440 to $21,140 due to an error in addition. A-81-37 CITY COUNCIL MINUTES 145 MAY 4, 1981 CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED - Continued BOARDS, COMMISSIONS, AND COMMITTEES Appointed the following: AILEEN JEISY JOHNSON - Senior Citizens Representa- tive to Transportation Advisory Committee; for a term expiring December 31, 1981 (replacing Mark P. Vogel). CA 80.9 UNINVESTIGATED LIABILITY CLAIMS Referred to administration, claims received from April 10, 1981 to April 24, 1981. CA 65.7b REPORTS TO FILE Received and filed the following: PROCLAMATIONS CA 46 INTER-COUNTY AIRPORT AUTHORITY - QUARTERLY FINANCIAL REPORT CA 98.2 FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PERSONNEL BOARD - JOHN MORENO CA 50.8 CONTINUE ITEMS Continued the following to June 15, 1981: PLAN APPROVAL PROCESS (Council Referral No. CR 39-80) CA 78 CA 87 * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * * * BID CALLS APPROVED on the following: MOTION was made by Luxembourger, seconded by Acosta, to approve plans and specifications and authorize advertisement for bids PROJECT 2079 - Installation of Traffic Loops at Various Intersections - Transportation. (Agenda Item 2B) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Luxembourger, seconded by Acosta, to approve plans and specifications and authorize advertisement for bids on the following: PROJECT 7256 - Central Bike Trail Improvements Phase III - Recreation & Parks. (Agenda Item 2D) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MEMORIAL POOL EQUIPMENT MOTION was made by Griset, REPLACEMENT - PROJECT 8420 seconded by Luxembourger, to by- CM AUTHORIZED pass regular bidding procedures due to the urgent need to com- plete the project for the summer swimming season and to authorize the City Manager to proceed with award of contract based on availability of equipment at best reasonable prices and completion of project in a timely manner, said action to be confirmed by Council, on the following: PROJECT 8420 - Memorial Pool Replacement Equipment Recreation & Parks. (Agenda Item 2E) CITY COUNCIL MINUTES 146 MAY 4, 1981 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 89 AGENDA ORDER AMENDMENT TO AGREEMENT FOR RESTORATION OF KELLOGG HOUSE - APPROVED Morton Fink, 1938 S. Richland, and William Early, Santa Aha Unified School District, related the reasons for the need to in- crease the allocation for res- toration of the Kellogg House and answered Council's questions about said increase, stating that approval of this phase would end the City's obligations. The City Manager recom- mended that the funding be approved. MOTION was made by Serrato, seconded by Acosta, to approve the following agreement and authorize execution by the Mayor and Clerk: AMENDMENT TO AGREEMENT FOR RESTORATION OF KELLOGG HOUSE - Between City and Santa Ana Unified School District, to increase the allocation from $90,000 to $110,000 for Community Development Block Grant Funds for restoration of the Kellogg House. (Agenda Item 12A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None A-81-36 ABC LICENSE APPLICATION 652 S. HARBOR RECEIVED AND FILED MOTION was made by Luxembourger, seconded by SerratO, to receive and file the following: HAJ, Hani El, 652 S. Harbor Blvd. - Original Type "21" Off-sale General. PROTEST: Minor Exception required - Planning. (Agenda Item 5E) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 146.1 COUNCIL REFERRAL SUMMARY RECEIVED AND FILED MOTION was made by McGuigan, seconded by Griset, to receive and file the following report and delete items as recommended: COUNCIL REFERRAL SUMMARY (Agenda Item 15) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 80.2 REPORT ON CIVIC CENTER PARKING LOT OPERATION RECEIVED AND FILED MOTION was made by Serrato, seconded by Acosta, to receive and file the following: REPORT ON CIVIC CENTER PARKING LOT OPERATION (Agenda Item 16A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 77.5 ORD. NS-1578 - UNIFORM SOLAR ENERGY CODE, 1979 EDITION - 2ND READING & ADOPTION MOTION was made by Griset, seconded by Serrato, to place on second reading and adopt the following ordinance: CITY COUNCIL MINUTES 147 MAY 4, 1981 ORDINANCE NO. NS-1578 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XII TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM SOLAR ENERGY CODE, 1979 EDITION. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 10.1 CA 87 ORD. NS-1582 - A. A. 849 2204 E. FOURTH ST. - 2ND READING & ADOPTION MOTION was made by Luxembourger, seconded by Serrato, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1582 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 849 TO REZONE PROPERTY LOCATED AT 2204 EAST FOURTH STREET FROM THE A1 (GENERAL AGRICULTURAL) DISTRICT TO THE C5 (ARTERIAL COMMERCIAL) DISTRICT AND AMEND- ING SECTIONAL MAP NO. 8-5-9. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 10 ORD. NS-1583 - A. A. 850 2718-2726 WESTMINSTER BLVD. - 2ND READING & ADOPTION MOTION was made by Luxembourger, seconded by Griset, to place on second reading and adopt the following ordinance: ORDINANCE NO. NS-1583 - AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 850 TO REZONE PROPERTY LOCATED AT 2718-2726 WESTMINSTER BOULEVARD FROM THE C1 (COMMUNITY COM- MERCIAL) AND R1 (SINGLE FAMILY RESIDENCE) DISTRICTS TO THE R2-PRD (MULTIPLE FAMILY - PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT AND AMENDING SECTIONAL MAP NO. 10-5-10. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 10 ORD. NS-1584 - RETENTION & DISPO- SITION OF FIREARMS - 1ST READING & PUBLICATION OF TITLE MOTION was made by Serrato, seconded by Luxembourger, to place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1584 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 10-149 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR RETENTION AND DISPOSITION OF AN ILLEGALLY DISCHARGED FIREARM WITHIN THE CITY LIMITS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGui§an, Serrato None None CA 47 RECESS Council recessed at 3:11 p.m., and reconvened at 3:25 p.m. with all members present. CITY COUNCIL MINUTES 148 MAY 4, 1981 RES. 81-51 - ASSESSMENT DISTRICT NO. 244 - ADOPTED MOTION was made by Griset, seconded by Serrato, to adopt the following resolution: RESOLUTION NO. 81-51 - A RESOLUTION OF THE CITY COUNCIL ADOPTING PLANS, SPECIFICATIONS, COST ESTIMATE AND MAP OF AN ASSESSMENT DISTRICT (ASSESSMENT DISTRICT NO. 244). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 90 RES. 81-52 - ASSESSMENT DISTRICT NO. 244 - ADOPTED MOTION was made by Griset, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 81-52 - A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE CON- STRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNEC- TION THEREWITH, IN AN ASSESSMENT DISTRICT; DECLAR- ING THE WORK OR IMPROVEMENTS TO BE OF MORE THAN ORDINARY OR LOCAL PUBLIC BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT SAID COSTS AND EXPENSES; FIX- ING A TIME AND PLACE OF HEARING OBJECTIONS TO SAID WORK AND IMPROVEMENTS OR TO THE EXTENT OF THE DIS- TRICT, OR TO THE PROPOSED GRADES, AND GIVING THE NOTICE THEREOF (ASSESSMENT DISTRICT NO. 244). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 90 RES. 81-53 - ASSESSMENT DISTRICT NO. 244 - ADOPTED MOTION was made by Griset, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 81-53 - A RESOLUTION OF THE CITY COUNCIL DIRECTING THE CLERK OF THE COUNCIL TO POST AND PUBLISH THE NOTICE INVITING BIDS FOR PUBLIC IMPROVEMENT CONSTRUCTION WORK AND DECLARING THAT THE PROPOSALS ARE TO BE OPENED AT A PUBLIC MEETING AND REPORTED TO THE LEGISLATIVE BODY AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL AND APPROVING CONDITIONS OF BID (ASSESSMENT DISTRICT NO. 244). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 90 RES. 81-67 - GRANTING APPEAL #435; DENYING VA 80-73 ADOPTED MOTION was made by Luxembourger, seconded by McGuigan, to adopt the following resolution: RESOLUTION NO. 81-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE PLANNING COMMISSION'S DENIAL OF VARIANCE APPLICA- TION NO. 80-73, GRANTING SAID VARIANCE, AND GRANT- ING APPEAL NO. 435, FOR PROPERTY AT 1200 E. MCFADDEN AVENUE. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.3 CITY COUNCIL MINUTES 149 MAY 4, 1981 RES. 81-68 - DENYING APPEAL #437 - GRANTING CUP 81-1 ADOPTED MOTION was made by Luxembourger, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 81-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE PLANNING COMMISSION GRANTING CONDITIONAL USE PERMIT NO. 81-1 AND DENYING APPEAL NO. 437, FOR PROPERTY AT 925 E. THIRD STREET. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.4 RES. 81-69 - DESTRUCTION OF RECORDS - CITY ATTORNEY'S OFFICE ADOPTED MOTION was made by Luxembourger, seconded by McGuigan, to adopt the following resolution: RESOLUTION NO. 81-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING DESTRUCTION OF CERTAIN RECORDS IN THE CITY ATTORNEY'S OFFICE. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 81 RES. 81-70 - VACATING A PORTION OF GARNSEY ST. BET. THIRD & SANTA ANA BLVD. - ADOPTED MOTION was made by Griset, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 81-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF GARNSEY STREET BETWEEN THIRD STREET AND SANTA ANA BOULEVARD, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 14 RES. 81-71 - CITY WITHDRAWAL FROM CRIMINAL JUSTICE COUNCIL ADOPTED MOTION was made by Luxembourger, seconded by McGuigan, to adopt the following resolution: RESOLUTION NO. 81-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA WITHDRAWING THE CITY OF SANTA ANA FROM THE ORANGE COUNTY CRIMINAL JUSTICE COUNCIL. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 112.6 COUNCIL LIAISON APPTS. TO: O.C. SANITATION DISTRICT, INTER-COUNTY AIRPORT AUTHORITY, S.A. LOCAL ECONOMIC DEVELOPMENT CORP., METROPOLITAN WATER-DIS- TRICT, & O.C. MANPOWER COMM. APPOINTED Following discussion of the memo dated April 23, 1981, by Mayor Bricken to the City Council, MOTION was made by Griset, seconded by McGuigan, to appoint Councilmember Luxembourger as member and Mayor Bricken as alternate to the Orange County Sanitation District. CITY COUNCIL MINUTES 150 MAY 4, 1981 Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by McGuigan, seconded by Acosta, to reaffirm Councilmember Luxembourger as an appointee to the Inter-County Airport Authority. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Acosta, seconded by Luxembourger, to thank former Mayor James Ward for his service on the City's behalf, and to appoint M~yor Bricken as the City's representative to the Santa Ana Local Economic Development Corporation. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Acosta, seconded by McGuigan, to reaffirm John Garthe's appointment to the Metropolitan Water District. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, McGuigan, Serrato NOES: None ABSENT: None Luxembourger, Markel, MOTION was made by Luxembourger, seconded by Acosta, to continue the City Manager as appointee and Executive Assistant, Mike Uptegraff as alternate to the Orange County Manpower Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None -. CA 80.9 The Mayor noted the remaining Council Liaison Appointments would be made at their appropriate times. COUNCIL APPTS. COMMITTEE Following discussion of the memo COMMITTEE ESTABLISHED dated April 23, 1981, by Mayor Bricken to the City Council, MOTION was made by Luxembourger, seconded by Griset, that for the period commencing April 14, 1981, until June 30, 1981, that the Council Appointments Committee consist of the Mayor, Vice Mayor, and Councilmember McGuigan and that subsequent membership be by rotation. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 80.9 CITY COUNCIL MINUTES 151 MAY 4, 1981 ORGANIZATION OF AGENCY/COUNCIL SEATING ARRANGEMENTS OF CM & CA REMAIN THE SAME the City Manager and City Attorney remain in the Council Chambers. Following discussion of the memo dated May 1, 1981, by Mayor Bricken, decision was made by unanimous informal consent that seated at their regular location CA 80 BOARDS & COMMISSIONS APPTS. Following discussion of the memo CONT'D TO MAY 18, 1981 dated April 27, 1981, by Council- member Acosta, decision was made by unanimous informal consent to continue consideration of the proposal that Board and Commission appoint- merits run concurrently with councilmanic terms to May 18, 1981, pending analysis by the City Manager and City Attorney of the ramifications of implementing such a policy. CA 80.9 POLICY ON TRAVEL BY CITY OFFICIALS Following discussion of the memo REFFERED TO CM dated April 28, 1981, by Mayor Bricken, decision was made by unanimous informal consent to refer to the City Manager preparation of a policy for out-of-town travel by Councilme~ers (including the Mayor), City Manager, City Clerk, and City Attorney. CA 65.14 SEISMIC SAFETY ORDINANCE Joe Gilmaker, 308 West Fourth St., REFERRED TO SEISMIC SAFETY urged Council to proceed with STUDY COMMITTEE investigation of the Seismic Safety Ordinance requirements and stated that an extension of the time frames was in order. Followin~ discussion, MOTION was made by Luxembourger, seconded by Serrato, to: 1) refer the citizen inputs from the public meeting of April 22, 1981, on the City's Seismic Ordinance to the Council-appointed Seismic Safety Study Committee for review and report back on possible changes and recommendations at the Council meeting of July 6, 1981; and 2) exercise the wording in the ordinance to delay the various time frames until the recommendations of the Committee can be reviewed by the Council. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 78.3h JUNIPER STREET RAILROAD GRADE Following discussion, MOTION was CROSSING NEGATIVE DECLARATION made by Luxembourger, seconded by APPROVED & FILED Acosta, to approve and file the Negative Declaration for a new Juniper Street/Southern Pacific Railroad crossing, and direct staff to pro- ceed with efforts to insure Public Utilities Commission approval of the proposed crossing. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT:None CA 29.12 ECONOMIC DEVELOPMENT ACTION Following discussion, MOTION was AREAS - AUTHORIZED made by Luxembourger, seconded by Acosta, to authorize designation of three Economic Development Areas for the purpose of study, contained in the report dated April 24, 1981, prepared by the Community Development Director. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CITY COUNCIL MINUTES 152 MAY 4, 1981 MOTION was made by Luxembourger, seconded by Acosta, to approve the following recommendations to be reported back to Council by August 3, 1981: 1) Authorize staff to explore and report back to Council on the feasibility of various economic program opportunities for the designated areas; and 2) Request that the Redevelopment Commission investigate the feasibility of redevel- opment financing for the designated areas. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 140.30 FOURTH STREET GRADE SEPARATION - MOTION was made by McGuigan, ZONING RESTRICTIONS - APPROVED seconded by Luxembourger, to & FILED - STAFF AUTHORIZED - approve and file the Feasibility REFERRED TO PLANNING COMMISSION Study by Wildan Associates and the Negative Declaration for the Fourth Street Grade Separation, authorize staff to proceed with funding efforts from the State Public Utilities Commission, and refer the proposed Fourth Street zoning study to the Planning Commission for further study and recommendations. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 99 ORAL COMMUNICATIONS - LUXEMBOURGER USE OF CITY SHOWMOBILE Councilmember Luxembourger requested that a policy on use of the showmobile be included in the next budget. CA 52 ORAL COMMUNICATIONS - MCGUIGAN POTHOLES caused by potholes. Councilmember McGuigan expressed concern at the number of claims in the Uninvestigated Liability Claims report which had been CA 65.7b ORAL COMMUNICATIONS - SERRATO Councilmember Serrato inquired as POLICE BUDGET to when he would receive a response to his memo dated March 1, 1981, sent to the Police Chief regarding police budget, including the ratio of sworn police personnel as compared to the City's population, retirement benefits, and appropriate allocations. He stated that he would appreciate a response prior to the budget hearings. CA 47 ORAL COMMUNICATIONS - BRICKEN STATUS OF COUNCILMEMBERS' MEMOS Manager at their weekly meeting. Mayor Bricken stated that a copy of each Councilmember's memos were kept in a separate file to be reviewed by him and the City ORAL COMMUNICATIONS - MARKEL Councilmember Markel inquired PARK PLAZA II - CA INSTRUCTED about the legal action against Park Plaza II. He stated that the fence on S. Flower Street had been repaired but that the results were unsatisfactory. He distributed photographs which demonstrated the inadequacy of the repair job. CA 139 CITY COUNCIL MINUTES 153 MAY 4, 1981 DINNER RECESS RECONVENED At 5:23 p.mo, Council recessed to dinner with the Housing & Human Relations Commission at Camelot Restaurant, 1100 S. Grand Avenue. The meeting was reconvened at 7:35 p.m., with the same members present with the exception of Councilmember Markel who arrived at 7:40 p.m. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Mayor Bricken. CERTIFICATE OF APPRECIATION Councilmember Acosta presented a ANNE FAMALARO Certificate of Appreciation to Anne Famalaro for her service to the City as a member of the Personnel Board from February, 1977 to December, 1980. Acosta expressed Council's appreciation to Mrs. Famalaro for giving her time and expertise to the Personnel Board. CA 80.9 OATH OF OFFICE AILEEN JEISY JOHNSON TRAC Representative to the Transportation Advi was welcomed by the City Council. The Clerk of the Council ad- ministered the Oath of Office to Aileen Jeisy Johnson, newly- appointed Senior Citizens sory Committee. Mrs. Johnson 'CA 80.9 PUBLIC HEARING - PROPOSED Following a request by the City CODE AMENDMENTS RE CONDOMINIUMS Manager to continue action on CONTINUED the proposed code amendments regarding condominiums due to an updated report forthcoming from the Planning Department, MOTION was made by Acosta, seconded by Luxembourger, to continue the public hearing pend- ing the new report from Planning. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 78.7 PUBLIC HEARING - REQUEST FOR The Mayor opened the public hear- CDBG FUNDS FOR VAN APPROVED; in9 of the request by the Catholic CDBG FUNDING POLICY-~'~ Social Service, Hispanic Outreach Program, for $6,000 of Community Development Block Grant funds for an information and referral van. The City Manager presented the staff report and recommendations. There were no written communications. Carlotta Durazo, a representative for the Outreach Program, addressed Council and explained the services which would be provided by the van service, in- cluding legal services, job bank, and information and referral service to other agencies, and answered questions posed by Council. She stated that they had funding commitments from Anaheim, Costa Mesa, and Garden Grove. Ronald Castillo addressed Council in support of the request. The Mayor closed the public hearing. Following discussion, MOTION was made by McGuigan, seconded by Acosta, to approve the request by the Hispanic Outreach Program for $6,000 of Community Development Block Grant funds for an information and referral van. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Serrato Bricken, Luxembourger, Markel None CITY COUNCIL MINUTES 154 MAY 4, 1981 MOTION was made by Griset, seconded by Luxembourger, to confirm the policy proposed by the City Manager that any further requests for Community Development Block Grant funds be deferred until mid-year review of contingency fund balances. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 140.20 The Council recessed at 8:25 p.m., and reconvened at 8:32 p.m., with the same members present. PUBLIC HEARING - APPEAL NO. 436 The Mayor opened the public CUP 81-5 - 2222 E 1ST ST hearing on appeal No. 436, CA INSTRUCTED Conditional Use Permit 81-5, filed by Holiday Hacienda Corporation, appealing the Planning Commission's decision to deny a conditional use permit to move a care home for mentally retarded persons into an existing motel at 2222 East First Street. The Principal Planner presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. Philip Mooneyham, 15146 Moir Court, spoke against the appeal. Following discussion, MOTION was made by Acosta, seconded by Markel, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution denying Appeal No. 436, denying CUP 81-5, and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 13.4 PUBLIC HEARING CUP 80-12 - HELIPORT AT 1001N. TUSTIN AVENUE CA INSTRUCTED Tustin Avenue. The Mayor opened the public hearing of Conditional Use Permit 80-12 filed by Santa Ana- Tustin Community Hospital for a heliport at 1001N. The Principal Planner presented the staff report and recommendations. The Clerk of the Council reported there were no written communications. Guy DePaul, representing Western Medical Center, presented an overview of the project, and answered questions posed by Council. Following discussion, MOTION was made by Luxembourger, seconded by McGuigan, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution approving CUP 80-12 and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 13.1 CITY COUNCIL MINUTES 155 MAY 4, 1981 PUBLIC HEARING - APPEAL NO. 438 The Mayor opened the public WA 80-8 - 1101W. STEVENS AVE hearing of appeal No. 438, CA INSTRUCTED Waiver 80-8, filed by Elizabeth Olson, Christine Mosely, et al, appealing the Planning Commission's decision to approve WA 80-8 to allow common sewers, water and gas meters for a 256-unit condominium conversion at 1101W. Stevens Avenue. The Principal Planner presented the staff report and recommendations. The Clerk of the Council reported a written communication from Jeffrey C. Milnes, current resident of Sunflower Creek, in favor of the proposed condominium conversion, and a written communication from Anita Lo Iannucci, 1101W. Stevens Avenue, #168, in opposition to the proposed conversion. The following persons spoke in opposition to the conversion: Elizabeth Olson, 1101W. Stevens, #44 Gary Antonucci, 1101W. Stevens, #116 Paul Brecht, 1101W. Stevens, #56 Craig Smith, 1101W. Stevens, #222 The following persons addressed Council, representing Regis Homes, developer of the project, and answered questions posed by Council: William A. Holzwarth, 4000 MacArthur Blvd., Newport Beach David E. Crockett, 1035 N. Batavia, Orange Ralph Wilcox, 4251G Martingale Wa.y, Newport Beach Bruce A. Davy, 920 Manhattan Beach Blvd., Manhattan Beach David Recupero, 15052 Springdale, Huntington Beach A rebuttal to the proponents of the waiver was presented by Elizabeth Olson. A rebuttal to the opponents of the waiver was presented by Paul Douglas, 1101W. Stevens Ave., #233. The Council recessed at 10:05 p.m., and reconvened at 10:15 p.m., with the same members present. Following discussion, MOTION was made by Griset, seconded by Acosta, to approve and file the Negative Declaration, and to instruct the City Attorney to prepare a resolution denying Appeal No. 438, approving WA 80-8, and affirming the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 13.6a AGENDA ORDER TENT. TRACT MAP 11374 APPROVED Tentative Tract Map #11374, deferred from the afternoon session of this meeting, was considered as the next item of business. The following persons addressed Council, representing Regis Homes, developer of the project, and answered questions posed by Council: Linda Krucker, 5120 Campus Drive, Newport Beach Woody Reagan, 451 E1 Camino Real, Tustin Rita Osborn, 5120 Campus Drive, Newport Beach David Recupero, 15052 Springdale, Huntington Beach Paul Douglas, 1101W. Stevens Ave., #233, spoke in favor of Tentative Tract Map #11374. CITY COUNCIL MINUTES 156 MAY 4, 1981 The following persons spoke against tentative tract map #11374: Elizabeth Olson, 1101W. Stevens Ave., #44 Pat Henderson, 1101W. Stevens Ave., #25 Gary Antonucci, 1101W. Stevens Ave., #116 Larry Ritohey, 1101W. Stevens Ave., #55 Christine Mosley, 1101W. Stevens Ave., #110 Elizabeth Olson presented petitions and a letter in protest to the pro- posed condominium conversion to the Clerk. A rebuttal to the opponents of Tentative Tract Map #11374 was presented by William A. Holzwarth. A rebuttal to the proponents of tentative tract map #11374 was presented by Larry Ritchey. The Council recessed at 11:35 p.m., and reconvened at 11:42 p.m., with the same Councilmembers present. Following discussion, MOTION made by Markel to deny Tentative Tract Map #11374, died for lack of a second. MOTION was made by Griset, seconded by Acosta, to approve and file the Negative Declaration and approve Tentative Tract Map #11374, filed by Regis Homes, Inc., creating 3 lots; proposed lots to be used for condo- minium purposes; subject to conditions in the Planning Director's report. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 24 REQUEST RE INADEQUATE PARKING The request of Jeffrey B. 1105 W. 17TH STREET Rasmussen regarding lack of WITHDRAWN parking at a restaurant located at 1105 W. 17th Street, was approved for withdrawal by unanimous informal consent. CA 47 ORAL COMMUNICATIONS - CM MOTION was made by Acosta, CABLE TV; TASK ORDERS seconded by Griset, to approve 1-5 APPROVED the proposed tasks discussed during the Adjourned Regular Meeting of May 4 for proceeding with award of cable TV franchise, with the following amendments: Task #4 - Provide evaluation document of their section only to vendors Task #5 - Council agrees to method of selection process and to continue discussion of tasks No. 6-8. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None CA 130.4 ORAL COMMUNICATIONS George Heidler, 1008 East 4th GEORGE HEIDLER - REQUEST Street, requested reconsideration FOR RECONSIDERATION OF of his appeal No. 437 regarding APPEAL #437 - DENIED conditional approval of Conditional Use Permit 81-1, to allow storage of impounded vehicles at 925 East Third Street. Mr. Heidler felt that he was unable to properly present his case due to technical deficiencies at the time Council considered the matter. Following discussion, request was denied by unanimous informal consent. CITY COUNCIL MINUTES 157 MAY 4, 1981 The City Manager stated that in the future, a staff member will have visited the site of any proposed conditional use permit, waiver, variance, or similar matter before said matter comes before Council for action. CA 13.4 ORAL COMMUNICATIONS - MARKEL ILLEGAL PARKING AT SUNFLOWER & STEVENS Manager stated that staff will check into will be made. Councilmember Markel requested that the matter of the illegal parking at Sunflower and Stevens Avenue be investigated. The City the matter and proper enforcement CA 47 ORAL COMMUNICATIONS - SERRATO Councilmember Serrato inquired PARK PLAZA II REPAIR as to proper action against those making the defective repair to the hole in the fence at Park Plaza II. The City Attorney informed Council he would investigate what action could be taken. CA 139 NOMINATION OCTC & OCTD MOTION was made by Acosta, MAYOR AUTHORIZED seconded by McGuigan, to authorize the M~or to send a letter to all Orange County Mayors endorsing the nomination of Councilmember Griset as A1Hollinden's replacement on the Orange County Transit Commission and Transit District Board. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None CA 8O ORAL COMMUNICATIONS The Clerk of the Council CLERK OF THE COUNCIL announced she would be out of town the week of May 18, 1981, attending the Municipal Clerks' conference in Atlanta, Georgia, thru May 21, and on personal leave the remainder of the week. CA 75 ADJOURNMENT The meeting was adjourned at 12:17 a.m., by unanimous informal consent to Monday, May 11, 1981, at 6:00 p.m., Council Chambers, 20 Civic Center Plaza, for the purpose of attending a Town Forum on the General Plan. CITY COUNCIL MINUTES 158 MAY 4, 1981