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Home My WebLink About02-22-1983 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA February 22, 1983 The meeting was called to order by Mayor Gordon Bricken at 1:15 p.m., in Room 147, City Council Chambers, 22 Civic Center. Plaza. Councilmembers present were R. W. Luxembourger, J. Ogden Markel, Patricia A. McGuigan, 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. Councilmembers John Acosta, Daniel E. Griset, and Alfred C. Serrato arrived at 1:44 p.m., 1:24 p.m., and 2:16 p.m., respectively. WORK STUDY SESSION The Director of Transportation CIVIC CENTER PARKING LOT reported that the major problems of the Civic Center Parking Lot were caused by overdemand for parking and difficulties in exiting the lot. In addition, he noted inadequate signs informing the public of alternate parking sites contributed to the problem. He then presented a slide show which demonstrated the problems of exiting, caused by the design of the lot, mentioned inadequate operating hours of the exit gates, and reviewed the recommendations contained in the City Manager's report dated February 14, 1983 entitled "Civic Center Parking Lot Report." Councilmembers suggested that computerized collection of parking fees be investigated, and the existing contract be more stringently enforced. The City Manager indicated that some thought was being given to City administration of the lot. 140 ALL--AMERICA CITY AWARD The Mayor announced that Santa Aha had been awarded the status of an All-America City, and that the award itself would be made at the White House by the President on March 10 with the Mayor; Skip Stephenson, Chairman of the All-America City Committee; and Sam Romero, President, Santa Ana Neighborhood Organization, in attendance. The Mayor also indicated that a press conference would be held in Santa Ana in the Council Chambers at 12:00 noon on February 28. At 1:50 p.m., the Council recessed to Executive Session, and reconvened in the Council Chambers at 2:32 p.m., with all members present. PLEDGE OF ALLEGIANCE INVOCATION Following the Pledge of Allegiance to the Flag, t~e Invocation was given Vice Mayor Luxembourger. CITY COUNCIL MINUTES 48 FEBRUARY 22, 1983 RECONSIDERATION Mayor Bricken announced that O.C. RESCUE CENTER PROJECT there was a request by Council- CONT'D TO EVENING SESSION member Griset to continue the reconsideration of the Orange County Rescue Center Project to the evening agenda. Thomas Whaling, 23010 Lake Forest Drive, Laguna Hills, attorney representin9 the Orange County Rescue Mission, requested a continuance to the next Council meeting. Lorin Griset, 2321N. Linwood, spoke regarding the Orange County Rescue Center project. Following discussion, MOTION was made by Griset, seconded by McGuigan, to continue reconsideration of the Orange County Rescue Center Project to the evening session. Motion passed on the following vote: AYES: McGuigan, Serrato NOES: None ABSENT: None CONSENT CALENDAR ITEMS REMOVED Acosta, Bricken, Griset, Luxembourger, Markel, The following items were removed from the Consent Calendar: 3A, 3C, 5C, 8B, 8C, 12A, 12F, 12G, 13A, 18A, 19A, 19B and 19C. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED AYES: NOES: ABSENT: MOTION was made by Luxembour9er, seconded by Acosta, to approve start recommmendations on the following Consent Calendar items: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MINUTES Approved the Minutes of the Adjourned Regular Meeting of February 7, 1983, and Regular Meeting of February 7, 1983. BID CALLS/REQUEST FOR FOR PROPOSALS Approved plans and specifications and authorized advertisement for bids on the following: PROJECT 5076/8397 - (HES-OOOS(042)) '80 Hazard Elimination Safety Project; Traffic Signal Modifications at 3 locations - Transportation. ?R: 50?6 PROJECT 5077/8428 - (HES-O00S(044)) '80 Hazard Elimination Safety Project; Traffic Signal Modifications at 9 locations - Transportation. PR: 5077 CITY COUNCIL MINUTES 49 FEBRUARY 22, 1983 Authorized staff to issue request for proposals on the following: COMMERCIAL DATA BASE VENDOR - Library. BID AWARD Awarded the fo|lowing in accordance with bid summary report: PROJECT 8444 - Civic Center Drive Sewer Replacement, Bristol Street to Olive Street - Public Works; Mladen Buntich Construction Company, in the amount of $90,106.00. PR: 8444 CHANGE ORDER Approved the following change PROJ 5074/8374 order: APPROVED Project 5074/8374 (M-3041-104) - Computerized Traffic Signal Systems Phase II Modifications (56 intersections) - Change Order No. 1, increasing in amount of $9,560.00 (1.17%). ABC BEVERAGE LICENSE APPLICATION Received and filed staff report on the following: PR: 5074 AMIRALAI, Parvis & SAMENI-FALLAH, Masoud - 1710 E. 17th, Ste. A - Original Type 41 On-sale Beer & Wine, Public Eating Place. BECK, Gregory, 416 W. 4th - Original Type 47 On-sale General, Public Eating Place. BUSCEMI, Edward & Joseph, 2339 S. Bristol - Person-to-person transfer Type 40 On-sale Beer. IRISH INNS, INC,, 1230 S. Main - Person-to-person transfer Type 42 On-sale Beer & Wine, Public Eating Place. NAJERA, Santiago & RAMIREZ, Rodolfo, 1630 S. Standard - Person-to-person transfer Type 42 On-sale Beer & Wine, Public Premise. DEEDS WITH CASH GRANTEE CITY purchases: 405 Approved the following deeds and authorized execution by Mayor and Clerk of all necessary documents in connection with ZORIO, Francisco A. & Lucia, NS/Washington, E/English; street D-6910 purposes. D-6911 JOHNSTON, Mary K., NS/Washington, E/English; street purposes. D-6912 LIPPS, Theodore, Michael & Janice Dee, NS/ Washington, E/EnglishA 6913 street purposes.~- CITY COUNCIL MINUTES 50 FEBRUARY 22, 1983 DUTCIUC, Nicolae & Mahai, WS/Newhope, S/Watkins Way; street purposes. 6918 MINOR EXCEPTION Approved and filed Notice of Exemption and Findings of Fact on the following: NOTICE OF EXEMPTION & EX 82-41 - Filed by Phong Thu Thi Bui to allow on-site beer and wine service in an existing restaurant at 2323 W. First Street. Zoning Administrator's Action: Approved. 625.35 AGREEMENT Approved the following agreements and authorized execution by Mayor and Clerk: USE OF CDBG FUNDS - Between City and Orangewood, Inc., for usage of $91,000.00 of Community Development Block Grant funds toward new Orangewood Home for Dependent Children. A-83-19 CONSTRUCTION AND OPERATION OF MADISON PARK CONCESSION STAND - License agreement between City and Southeast Little League, Inc. A-83-20 COMPLETION AND OPERATION OF MEMORIAL PARK CONCESSION STAND - Renewal of license agreement between City and Southwest Little League and Pop Warner. A-83-21 COMPLETION AND OPERATION OF ROSITA PARK CONCESSION STAND - Renewal of license agreement between City and Bolsa Little League. A-83-22 BOARDS - COMMISSIONS - COMMITTEES Accepted nominations and set for consideration: Nomination by Luxembourger for Ward 2 representative to Community Redevelopment Commission - Victor C. Alleman, 2401N. Rosewood, for a term expiring June 30, 1985 (replacing R. Thomas McLean). llO.1S ~ UNINVESTIGATED LIABILITY CLAIMS Referred to administration claims received from January 31, 1983 through February 11, 1983. 415 REPORT TO FILE Received and filed the following: PROCLAMATION REPORT. 120.20 CITY COUNCIL MINUTES 51 FEBRUARY 22, 1983 NOTICE OF PUBLIC HEARING Authorized Clerk to appoint hearing officer, set for hearing, notify parties of interest, and authorize payment of hearing officer: APPEAL FROM DECISION OF THE DIRECTOR OF PUBLIC WORKS - USA TODAY - BLUE AND WHITE NEWSRACKS. 135.05 * * * * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * * * * * BID AWARD SPEC 82-023 CONT'D TO 4:00 P.M. Following discussion, the follow- ing item was continued to 4:00 p.m., by unanimous informal consent: SPEC 82-023 - One set of 6 jacks with supports - Public Works; Sefac Trading Corporation, in the amount of $24,899.40. (Agenda Item 3A) SPEC 82-023 BID AWARD Following discussion, MOTION SPEC 82-027 was made by Acosta, seconded by APPROVED W/CONDITION Luxembourger, to award the following in accordance with bid summary report, with the condition that an option to renegotiate the contract be afforded to the vendor 120 days prior to contract termination: SPEC 82-027 - Annual Landscape Maintenance Contract for Medians and Public Facilities 1983-84 - Recreation, Parks & Community Services; Environmental Care, Inc., in the amount of $115,776.00. (Agenda Item 3C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None SPEC 82-027 ABC LICENSE APP. A~ERICAN LEGION POST 410 W. 4TH REC'D & FILED MOTION was made by Acosta, seconded by Markel, to receive and file staff report on tile following: AMERICAN LEGION POST, 410 W. 4th - Premise-to-premise transfer Type 52 Club License. PROTEST: Planning. (Agenda Item 5C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 405 CITY COUNCIL MINUTES 52 FEBRUARY 22, 1983 VA 82-19 221-223 S. SYCAMORE & 111W. PINE ST. APPROVED & FILED MOTION was made by Luxembourger, seconded by Markel, to approve and file the Negative Declaration, and Findings of Fact on the following: NEGATIVE DECLARATION & VA 82-19 - Filed by Clark Dye Hardware Inc. to permit the continued use of two residential structures in the PB (Professional-Parking Modification) District at 221-223 S. Sycamore & 111 W. Pine Street for warehousing purposes. Staff Recommendation: Approval. APPROVED. (Agenda Item 8B) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan None Serrato ZOA 82-2 PARKING STANDARDS/SA APPROVED & FILED Fact on the following: 625.45 MOTION was made by Griset, seconded by Acosta, to approve and file the Negative Declaration and Findings of NEGATIVE DECLARATION & ZOA 82-2 - Proposing new parking standards for existing and new development in Santa Ana. Staff Recommendation: Approval. APPROVED. (Agenda Item 8C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Markel, McGuigan, Serrato- Luxembourger None 625.55.15 AGREEMENT PHYSICAL WATER SAMPLING APPROVED by Mayor and Clerk: MOTION was made by Acosta, seconded by McGuigan, to approve the following agree- ment and authorize execution BACTERIOLOGICAL & PHYSICAL WATER SAMPLING & TESTING - Between City and Bacteriological and Physical Water Sampling and Testing of San Bernardino, for the period January 1, 1983 through December 31, 1983. (Agenda Item 12A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None A-83-18 AGREEMENT AERIAL PHOTOGRAPHY APPROVED and Clerk: MOTION was made by Acosta, seconded by Markel, to approve the following agreement and authorize execution by Mayor CITY COUNCIL MINUTES 53 FEBRUARY 22, 1983 AERIAL PHOTOGRAPHY - Between City and ERTEC Airborne Systems to perform aerial photography services, in the amount of $13,740.00. (Agenda Item 12F) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None A-83-23 AGREEMENT SA/OC TRANSP. APPROVED and Clerk: CENTER MOTION was made by Markel, seconded by Acosta, to approve the following agreement and authorize execution by Mayor SANTA ANA/ORANGE COUNTY TRANSPORTATION CENTER - Between City and Williamson and Schmid for the design of off-site improvements for the Santa Ana Transportation Center Project. (Agenda Item 12G) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None RESIGNATION-WILLIAM H. MAY PERSONNEL BD. ACCEPTED A-83-24 61S.10 MOTION was made by Acosta, seconded by Serrato, to accept with regret, and authorize the Clerk to post vacancy, and to prepare appropriate recognition for service to the City, on the following resignation: William H. May - Ward I representative to Personnel Board, received by letter to Clerk's office. (Agenda Item 13A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 110.15 RES. NO. 83-24 INT. TO VACATE ROE DRIVE ADOPTED March 21, 1983: MOTION was made by McGuigan, seconded by Acosta, to adopt the following resolution setting a public hearing on RESOLUTION NO. 83-24 - A RESOLUTION OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE ROE DRIVE BETWEEN MAIN STREET AND ARNETT DRIVE, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED. (Agenda Item 18A) AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None 1040.20 CITY COUNCIL MINUTES 54 FEBRUARY 22, 1983 DONATION TO SA ZOO Councilmember McGuigan requested ACCEPTED that a thank-you note from the Council Oe sent to Mr. & Mrs. Peter Muth for their generous contributions to the City of Santa Ana. MOTION was made by McGuigan, seconded by Acosta, to accept a donation from Mr. & Mrs. Peter Muth of $6,000.00 to be used for improvements at the Santa Ana Zoo, and direct the City Treasurer to deposit said funds into the already established interest-bearing account started with the original donation from ITT Cannon. (Agenda Item 19A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 925 HOUSING RELOC. CLAIMS 1ST ST. WIDENING - BUSH TO STANDARD - APPROVED families in the amounts specified: MOTION was made by Luxembourger, seconded by Markel, to approve the last resort housiny relocation claims, payable to the following Hilario and Candelaria Reyes - $5,340 Jose and Maria Cedillo - $5,400 Jesus Rodriguez and Consuelo Valenzuela - $6,000 (Agenda Item 19B) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGui~an, Serrato None None RES. NO. 83-23 EXT. OF VA 80-15 ARNEL DEV. CO. - ADOPTED MOTION was made by Serrato, seconded by Acosta, to adopt the following resolution: 621~05 RESOLUTION NO. 83-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE TIME LIMIT ON THE INITIATION OF USE OF VARIANCE 80-15 ON PROPERTY LOCATED AT 1801 EAST FOURTH STREET. (Agenda Item 19C) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 625.45 Council recessed at 3:52 p.m., and reconvened at 4:12 p.m., with all members present. BID AWARD SPEC 82-023 CONT'D TO 3/14/83 MOTION was made by Acosta, seconded by Luxembourger, to continue the following item to March 14, 1983: CITY COUNCIL MINUTES 55 FEBRUARY 22, 1983 SPEC 82-023 - One set of 6 jacks with supports - Public Works; Sefac Trading Corporation, in the amount of $24,899.40. (Agenda Item 3A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None SPEC 82-023 ORD. NO. NS-1672 MOTION was made by Acosta, SPEED LIMITS seconded by Luxembourger, to 1ST READ. & PUBLISH TITLE amend the following ordinance; decreasing the speed on Flower Street in Section 36-249 to 30 mph between Rte. 5 Freeway and Memory Lane, Memory Lane and Santa Clara, and Santa Clara Ave. and 17th Street; and on Orange Street in Section 36-266 to 25 mph between 1st Street and McFadden Avenue, and McFadden Avenue and Warner Avenue, and striking the word "Circle" in Section 36-249; to place said ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1672 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING DIVISION 2 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE BY REPEALING ARTICLE VII.A THEREOF AND AMENDING AND RENUMBERING ARTICLE VII TO ESTABLISH PRIMA FACIE SPEED LIMITS UPON CERTAIN STREETS AND PORTIONS OF STREETS IN THE CITY OF SANTA ANA. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 1039 ORD. NO. NS-1673 EARTHQUAKE HAZARD REDUCTION 1ST READ. AND PUBLISH TITLE publication of title: MOTION was made by Acosta, seconded by McGuigan, to place the following ordinance on first reading and authorize ORDINANCE NO. NS-1673 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-2003, 8-2006 AND 8-2007 OF, AND ADDING SECTIONS 8-2003.1, 8-2003.5 AND 8-2004.1 TO, ARTICLE XI OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE, RELATING TO EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 6O5 ORD NO. NS-1674 OFF-ST. PARKING REQUIREMENTS 1ST READ. & PUBLISH TITLE MOTION was made by Griset, to place the following ordinance on first reading and authorize publication of title: CITY COUNCIL MINUTES 56 FEBRUARY 22, 1983 ORDINANCE NO. NS-1674 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 34-313, 41-66, 41-591, 41-617, 41-671(a), 41-617(b), 41~617(i), 41-617(m), 41-617(n), 41-617(w), AND 41-618 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 41-613.2, 41-617(kk), 41-617(11), 41-617(mm), 41-623, AND 41-688 THERETO, TO REVISE THE OFF-STREET PARKING REQUIREMENTS OF THE CITY OF SANTA ANA. Motion died for lack of a second. Following discussion, MOTION was made by Luxembourger, seconded by Serrato, to amend Ordinance No. NS-1674 to require 1.2 parking spaces for each 1-bedroom unit and 1.0 parking spaces for each bachelor unit, to place said ordinance on first reading and to authorize publication of title: AYES: Acosta, Griset, NOES: None ABSENT: Bricken RES. NO. 83-25 JOB TRAINING PROGRAMS ADOPTED Luxembourger, Markel, McGuigan, Serrato 625.55.15 MOTION was made by McGuigan, seconded by Acosta, to adopt the following resolution: RESOLUTION NO. 83-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO PARTICIPATE AS A CONSORTIUM MEMBER FOR JOB TRAINING PROGRAMS. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None RES. NO. 83-26 JOHN WAYNE AIRPORT ADOPTED W/AMENDMENT S10.05 MOTION was made by Luxembourger, seconded by Acosta, to amend the following resolution, to include, "WHEREAS, a new airport site which may be available would require ten (10) years to develop, and would eliminate the need for improvements at John Wayne Airport, Orange County;" and "WHEREAS, the Board of Supervisors has not determined a new site in the county for an airport;" and to strike "WHEREAS, the Board of Supervisors has decreed no new site is available in the County for an airport;" and to adopt said resolution: RESOLUTION NO. 83-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REGARDING GENERAL IMPROVEMENTS AT JOHN WAYNE AIRPORT. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 1010 CITY COUNCIL MINUTES 57 FEBRUARY 22, 1983 SA ZOO DONATIONS ACCEPTED; MAYOR AUTHORIZED; APP. ADJ. NO. 123 - APPROVED; BID CALL - PROJECT 617~'8521A APPROVED account to be used for this project; MOTION was made by Acosta, seconded by McGuigan, to: 1) accept donation of $13,000 from the Friends of the Zoo for the construction of the ITT-Cannon Amphitheater and authorize the Finance Director to place funds in an interest-bearing 2) accept donation of a chain saw from the Friends of the Zoo to be used at the Zoo for the construction and renovation of new exhibits; 3) accept the donation of exhibit signs from the Friends of the Zoo to be used on present and new exhibits; 4) authorize the Mayor to send a letter to the Friends of the Zoo on behalf of the Council, thanking them for their contribution toward the Zoo and arrange presentation of a City Seal tile; 5) approve Appropriation Adjustment No. 123 transferring $20,000.00 from 51-898-Gifts & Donations to 51-247-621-General Fund and 6) approve plans and specifications and authorize the Purchasing Division Manager to advertise for competitive bids for tile construction of Project 6173/8521A - Santa Ana/ITT-CANNON Education Center. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato NOES: Markel 925 ABSENT: None PR: 6173 310.05 MOTION was made by McGuigan, seconded by Griset, to approve Appropriation Adjustment No. 99 transferring $32,360.00 from 170-359-Transportation Services-California Energy Commission Grant to 170-627-631-Transportation Services-California Energy Commission Grant-Project 5089-Timing of 30 Signalized Intersections; and approve agreement between City and Willdan Associates for engineering services for Project 5089, in the amount of $19,388.00, and authorize execution by Mayor and Clerk. CA ENERGY COMM. GRANT TRAFF. SIGNAL TIMING PROJECT 5089 APP. ADJ. NO. 99 - APPROVED; AGREEMENT - APPROVED AYES: NOES: Markel ABSENT: None CABLE TV CITIZENS BOARD ORDINANCE NO. NS-1671 2ND READING & ADOPTED; RES. NO. 83-19 - CONT'D TO 3/14/83; CA INSTRUCTED Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato A-83-23 PR: 5089 310.05 Following discussion, MOTION was made by McGuigan, seconded by Luxembourger, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1671 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING DIVISION 11 TO ARTICLE IV, CHAPTER 2, CONSISTING OF SECTIONS 2-660 TO 2-661 ESTABLISHING THE COMMUNITY CABLE CITIZENS BOARD AND ITS POWERS AND DUTIES. CITY COUNCIL MINUTES 58 FEBRUARY 22, 1983 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None i10.iS Following further discussion, MOTION was made by Luxembourger, seconded by McGuigan, to continue the following resolution to March 14, 1983, instructing the City Attorney to amend the resolution by excluding the categories of Labor representative and Legal representative, increasing at-large representatives to four; and designating that business representative nominations be from the Santa Ana Chamber of Commerce, and other business organizations in Santa Ana: RESOLUTION NO. 83-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE NOMINATION PROCEDURE FOR MEMBERS OF THE COMMUNITY CABLE CITIZENS BOARD. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 110.15 AGREEMENT MOTION was made by Serrato, DOWNTOWN PARKING GARAGE seconded by Luxembourger, to APPROVED - APP. ADJ. NO. 113 award the management contract ~VED for the Downtown Parking Garage to Parking Company of America for an 18-month period beginning March 1, 1983; and approve Appropriation Adjustment No. 113 transferring $14,600.00 from 011-000-911- General Fund to 112-135-291-Downtown Parking Garage Operational Fund. AYES: Acosta, Bricken, Griset, NOES: Markel ABSENT: None Luxembourger, McGuigan, Serrato 8O5 ORAL COMMUNICATIONS Mary McCoomis, 1127 N. Lowell, requested that residents in the area be notified when action on the Civic Center Corridor Study would come before Council. Mayor §ricken advised Ms. McCoomis that the City Manager would notify the interested parties. RECESS At 5:33 p.m., the Council recessed to dinner with representatives of the Archi- tectural Review Board at the Cherry Blossom Restaurant, 3700 W. Warner Avenue. At 7:50 p.m., the Council reconvened in the Council Chambers with all members present. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Mayor 8ricken. CITY COUNCIL MINUTES 59 FEBRUARY 22, 1983 PROCLAMATION Vice Mayor Luxembourger presented ENGINEERS' WEEK a proclamation to David Grosse, Santa Ana Director of Transportation, proclaiming the week of February 20- 26, 1983, as "Engineers' Week" in the City of Santa Aha. COMMUNITY SPOTLIGHT Lt. Robert B. Palmer, Santa Aha SANTA ANA POLICE Police Department, presented the EXPLORER POST 238 members of Explorer Post 238, and gave an overview of the activities of the organization, stating it was organized in 1968, and currently had 35 members, ages 14-21 years, who volunteer an average of 900 hours per month toward worthwhile community projects. Councilman Markel presented Lt. Palmer with a City Seal Tile plaque in appreciation of the group's dedicated service to the City of Santa Aha. PUBLIC HEARING The Mayor opened the public hear- APPEAL NO. 466; VA 82-7 ing on Appeal No. 466 filed by 1322 W. 5TH ST. Advanced Mobile Phone Service, CA INSTRUCTED appealing the Planning Commission's denial of Variance 82-7, to allow installation of a 154' antenna at 1322 West 5th Street. The Director of Planning and Development Services presented the staff report and recommendations. The Clerk of the Council reported a written communication in favor of the appeal from the Painters' Union - Local 686. Bert Ashland, 18008 Sky Park Circle, Irvine, representing the applicant, spoke in favor of the appeal. Ruby Gonzales, 1901W. 2nd Street, spoke against the appeal. Mr. Ashland and John Casamassina, Project Engineer for the applicant, answered questions posed by Council. LaDale Dunbar, 824 N. Olive, spoke against the appeal. There were no other speakers on the matter. The Mayor closed the public hearing. Following discussion, MOTION was made by Griset, seconded by Luxembourger, to instruct the City Attorney to prepare a resolution denying Appeal No. 466, denying VA 82-7, and affirming the decision of the Planning Commission; and instructing staff to continue to work with the applicant to try to arrive at an alternative solution. Motion passed on the following vote: AYES: NOES: ABSENT: Griset, Luxembourger, McGuigan, Serrato Acosta, Bricken, Markel None 625.45 CITY COUNCIL MINUTES 60 FEBRUARY 22, 1983 RECESS CRA RECONVENED At 8:50 p.m., Council recessed to the Community Redevelopment Agency and reconvened at 9:15 p.m., with all members present. JT. PUBLIC HEARING COUNCIL & CRA SALE OF PROPERTY TO BIRCHPARK ASSOC. RES. NO. 83-29 CONT'D TO 3/15/83 Following consideration of a memorandum from the Director of Community Redevelopment request- ing continuance of the joint public hearing regarding the sale of property to Birchpark Associates, MOTION was made by Serrato, seconded by Griset, to continue the hearing and the following resolution to March 15, 1983: RESOLUTION NO. 83-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY RE- DEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CUMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND BIRCHPARK ASSOCIATES FOR THE SALE OF CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT. AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None 615.05 Council recessed at 9:16 p.m., and reconvened at 9:30 p.m., with all members present. O.C. RESCUE MISSION The City Attorney explained the RES. NO. 83-27 & 83-28 circumstances leading to the CONT'D TO 4/4/83; CA INSTRUCTED reconsideration of prior Council action taken with regard to the Orange County Rescue Mission, stating that Superior Court had overturned Council's action and ordered reconsideration by the City Council. Mayor Bricken indicated the procedure that would be used in rehearing this issue, stating that it was not a public hearing, but that the attorneys re- presenting each side would be allowed ten minutes each to address the Council. He added that Council would then determine whether to allow public input which would be limited to 20 minutes for each side. By flip of the coin, the attorney representing the Rescue Mission, Thomas Whaling, 23010 Lake Forest Drive, Laguna Hills, addressed Council first. Mr. Whaling presented correspondence dated February 21, 1983, from his office to the City Council, and an issue of "Heartbeat," a publication of the Missionaries at Home, Inc. He presented the views of the Rescue Mission and requested a continuance on the matter. CITY COUNCIL MINUTES 61 FEBRUARY 22, 1983 James R. Golf, 1002 N. Broadway, attorney representing those citizens against the location of the Rescue Mission, addressed Council, reviewing the reasons for the opposition to the location. Both attorneys responded to questions posed by Council. Council agreed to allow public input. The following persons spoke in favor of the Rescue Mission: Monsignor John Campbell, 109 W. Borchard Rob Martin, 1901W. Walnut Pastor Bud Collyer, 170I E. Edinger Larry Adams, 111S. Hathaway Sebastian Nania, 1701E. Edinger Shelly Watkins, 505 S. Birch Warren Baruch, 10 Mirror Lake, Irvine Lorin Griset, 2321N. Linwood Lewis Whitehead, 522 S. Wood Gene Mitchell, 12102 Reva Drive, Garden Grove Bud Collyer also presented correspondence dated February 17, 1983, from him to the City Council, in favor of the Rescue Mission. The following persons spoke against the Rescue Mission: A. J. Holmon, Jr., 517 S. Shelly Cecilia Barajas, 119 S. Daisy Ruby Gonzales, 1901W. 2nd Juanita Stocker, 625 S. Townsend LaDale Dunbar, 824 N. Olive Sam Romero, 2034 S. Spruce Albert Gipson, 505 S. Townsend Mr. Holmon also presented a questionnaire to Council. Council recessed at 11:12 p.m., and reconvened at 11:25 p.m., with all members present. Following discussion, MOTION was made by Griset, seconded by Luxembourger, (after agreement by representatives of both sides), to continue the following resolutions to April 4, 1983, and to instruct the City Attorney to request the Court to grant a continuance of the case beyond March 10, 1983, subject to an agreement between the attorneys involved: RESOLUTION NO. 83-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ACTION OF THE PLANNING COMMISSION DENYING VARIANCE APPLICATION NO. 80-58, APPROVING SAID VARIANCE, GRANTING APPEAL NO. 427, AND RESCINDING RESOLUTION NO. 81-3, ADOPTED ON JANUARY 5, 1981. CITY COUNCIL MINUTES 62 FEBRUARY 22, 1983 RESOLUTION NO. 83-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ACTION OF THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT APPLICATION NO. 80-19, APPROVING SAID CONDITIONAL USE PERMIT, GRANTING APPEAL NO. 428, AND RESCINDING RESOLUTION NO. 81-4, ADOPTED ON JANUARY 5, 1981. Motion passed on the following vote: AYES: Bricken, Griset, Luxembourger, Markel NOES: Acosta, McGuigan, Serrato ABSENT: None ORAL COMMUNICATIONS Councilmember McGuigan COUNCILMEMBERS requested that staff respond to S8 142 regarding signs and SB 163 regarding zoning relative to day care centers. She also reminded Council about the pan- cake breakfast scheduled at Memorial Park on February 26, 1983, and requested Council's support of this effort. MOTION was made by Luxembourger, seconded by McGu~gan, to approve the Mayor's absence from the March Council meetings due to attendance at the "Invest in America's Cities" Conference in Hong Kong. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 120 Councilmember Serrato stated that he had received a call from Beverly Wood regarding Neighborhood Watch signs and requested that staff respond. He also stated that he had received a call from Joe Cruz, 1514 N. Bush, relative to insufficent lighting in his area which is encouraging crime. RECESS EXEC. SESSION Council recessed to Executive Session at 12:01 a.m., and reconvened at 12:21 a.m., with all members present. EXEC. SESSION REPORT ARCO; BONILLA; DUFFIELD; LAY; BARELLA - CA AUTHORIZED the ARCO store located at First and Grand being placed on the license. By way of action out of Executive Session, MOTION was made by Acosta, seconded by Markel, to authorize the withdrawal of the Alcoholic Beverage Control protest against Streets, subject to conditions AYES: NOES: ABSENT: Acosta, Griset, Luxembourger Bricken, McGuigan, Serrato None , Markel 405 MOTION was made by Acosta, seconded by Luxembourger, to authorize the City Attorney to settle the claim of Frederico A. Bonilla in the amount of $7,5OO.O0. CITY COUNCIL MINUTES 63 FEBRUARY 22, 1983 AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Acosta, seconded by Luxembourger, to authorize the City Attorney to settle the workers' compensation claim of Keith Duffield in the amount of $15,000.00, for a compromise and release. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembour§er, Markel, McGuigan, Serrato None None MOTION was made by Acosta, seconded by Markel, to authorize the City Attorney to settle the workers' compensation claim of Delmont B. Lay in the amount of $14,752.50. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembour§er, Markel, McGuigan, Serrato None None MOTION was made by Acosta, seconded by Serrato, to authorize the City Attorney to settle the workers' compensation claim of Eloi Barella in the amount of $25,000.00, for a compromise and release. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None 410.10 ADJOURNMENT At 12:23 a.m., the meeting was adjourned by unanimous informal consent to Thursday, February 24, 1983, 6:30 p.m., Newport Center Branch Library, 856 San Clemente Drive, Newport Beach. /~nice C. Guy ~ ~Clerk of the Council CITY COUNCIL MINUTES 64 FEBRUARY 22, 1983