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Home My WebLink About04-04-1983 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 4, 1983 The meeting was called to order at 12:30 p.m., by William Wenrich, President of the Santa Ana Chamber of Commerce and of Santa Ana College, in Johnson Center, on the Santa Ana College campus. Councilmembers present were John Acosta, R. W. Luxembourger, J. Ogden Markel, 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 Daniel E. Griset, Patricia A. McGuigan, and Alfred C. Serrato were absent. Mayor Bricken reported on the activities of the City delegation to the Invest in America's Cities Conference held in Hong. Kong, in March, sponsored by the U.S. Conference of Mayors. He explained the composition of the delegation, the strategies that the group had used to solicit investments, and the purposes of the trip, which were to participate in the Conference, to send a small trade mission on to Taiwan, and to visit the Japanese National Railway. He then gave a slide presentation depicting the many sites the group had visited. The Mayor explained that the trip had been very instructive to those who had participated, that he thought it would result in investment in the Orange County area, and that a trade development concept should be explored. Additional comments on the trip were made by Zika Djokovich, a Santa Ana businessman. FILE 125 ADJOURNMENT At 1:40 p.m., the meeting was informally adjourned. CITY COUNCIL MINUTES 95 APRIL 4, 1983 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA April 4, 1983 The meeting was called to order at 2:11 p.m., in Room 147, City Council Chambers, 22 Civic Center Plaza, by Vice Mayor R. W. Luxembourger. Councilmembers present were John Acosta, Daniel E. Griset, R. W. Lu×embourger, J. Ogden Markel, Patricia A. McGuigan, and Alfred C. Serrato. Also present were City Manager A. J. Wilson, City Attorney Edward J. Cooper, and Clerk of the Council Janice C. Guy. Mayor Gordon Bricken joined the meeting at 2:24 p.m. WORK STUDY SESSION The City Manager reviewed the BINGO ORDINANCE issues related to the playing of bingo in the City of Santa Ana -- namely, that while bingo was permitted as a means of raising funds for charitable purposes, Santa Aha desired to avoid "professionalization" of bingo games to reduce negative "side effects" such as parking problems, and to insure proper audit control of those organizations with bingo operations. The Police Chief reported that more and more organizations were locating their operations in Santa Ana, due to the lenient regulation by the City, particularly the permitting of bingo operations three days per week. He added that bingo operations were "big business," "skimming" was extremely difficult to detect, and that he doubted if it were possible to collect sufficient revenues from bingo operations to pay for Police enforcement of bingo regulations. The Police Chief responded to specific questions from Councilmembers. FILE 315 At 3:08 p.m., the Council recessed and reconvened in the Council Chambers at 3:11 p.m., with all members present. PLEDGE OF ALLEGIANCE INVOCATION Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilmember Acosta. The Mayor presented Councilmembers with mementos from his trip to Hong Kong where he attended the "Invest in America's Cities" conference. CONSENT CALENDAR ITEMS REMOVED The following items were removed from the Consent Calendar: 2D, 3, 5A, 5B, 6A, and 8. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED Calendar items: MOTION was made by Acosta, seconded by Luxembourger, to approve staff recommendations on the following Consent CITY COUNCIL MINUTES 96 APRIL 4, 1983 AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None MINUTES Approved the minutes of the Regular Meeting of March 7, 1983; the Adjourned Regular Meeting of March 14, 1983; the Adjourned Regular Meeting of March 15, 1983; and the Regular Meeting of March 21, 1983. BID CALLS Approved plans and specifications and authorized advertisement for bids on the following: SPEC 83-009 - Computer Equipment - Police. SPEC 83-009 SPEC 83-011 - Shooting Range Equipment - Police. SPEC 83-011 PROJECT 6165D/7517 - Logan Park Improvements - Recreation, Parks & Community Services. PROJ. 6165D/7~17 CHANGE ORDER PROJ 8392 Approved the following change order: PROJECT 8392 - Traffic Signal and Lighting System at Tustin and Wellington - Change Order No. 2; increasin9 in amount of $1,413.78 (2.72%). PROJ. 8392 ABC BEVERAGE LICENSE APPLICATIONS Received and filed staff report on the following: SABA, Aftim & Siham, 2133 S. Main - Person-to-person transfer Type 20 Off-sale Beer. CHU, Hwa M. & Chuen, 2610 W. Edinger #B - Person-to- person Transfer Type 41, On-sale Beer, Public Eating Place. FILE 405 DEED WITH CASH GRANTEE CITY Approved the following deed and authorized execution by Mayor and Clerk of all necessary documents: VANDERPOOL, Wesley D. & Andrea, NS/Washington, E/English; street purpose. DEED 6946 FINAL PARCEL MAP Approved final map and accepted the dedication thereon on the following: PARCEL MAP NO. 82-886 - West side of Tustin Avenue, North of First Street. FILE 625.25 CITY COUNCIL MINUTES 97 APRIL 4, 1983 UNINVESTIGATED LIABILITY CLAIMS Referred to administration claims received from March 12, 1983, through March 25, 1983. FILE 415 REPORT TO FILE Received and filed the following: PROCLAMATION REPORT. FILE 120.20 DONATION FROM S.A.U.S.D. Received donation of $4,500 from - STADIUM EQUIPMENT Santa Ana Unified School District, REC'D; MAYOR AUTHORIZED and authorized the Mayor to send a letter of appreciation to the Board of Trustees, Santa Ana Unified School District. FILE 920 * * * * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * * * * BID CALL PROJECT 9044 APPROVED advertisement for bids on the following: Following discussion, MOTION was made by Acosta, seconded by McGuigan, to approve plans and specifications and authorize PROJECT 9044 - Civic Center Maintenance - Recreation, Parks & Community Services. (Agenda Item 2D) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None PROJ 9044 BID AWARD SPEC 82-011 APPROVED MOTION was made by Acosta, seconded by Serrato, to award the following in accordance with bid summary report: SPEC 82-011 - Word Processing Equipment - Installation and Maintenance - Adm. Services; Scientific Data Systems, in the amount of $271,111.00. (Agenda Item 3A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None SPEC 82-011 ABC LICENSE APP. WORLD OIL COMPANY 2040 S. BRISTOL REC'D & FILED MOTION was made by McGuigan, seconded by Acosta, to receive and file staff report on the following: CITY COUNCIL MINUTES 98 APRIL 4, 1983 WORLD OIL COMPANY, 2040 S. Bristol - Original Type 20 Off- sale Beer & Wine. PROTEST: Planning. (Agenda Item 5A) AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None FILE 405 ABC LICENSE APP. LE, CHLIC 2327 W. EDINGER CONT'D TO 5/2/83 located at 2327 W. Edinger Avenue. Gregory Sanders, 902 N. Main, Santa Ana, requested a 30 day continuance of the Alcoholic Beverage License application filed by Chuc Le, for premises MOTION was made by by Acosta, seconded by McGuigan, to continue the following item to May 2, 1983: LE, Chuc, 2327 W. Edinger - Original Type 41 On-sale Beer & Wine, Public Eating Place. PROTESTS: Police, Planning. (Agenda Item 5B) AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None FILE 405 DEED WITH CASH - GRANTEE CITY MOTION was made by Serrato, CENTROCCS PROJECT seconded by McGuigan, to APPROVED approve the following deed and authorize execution by the Mayor and Clerk of all necessary documents in connection with purchase: O'NEIL INVESTMENTS, ES/Main at Sunflower; street purposes. (Implementation of Central Orange County Circulation Study - (CENTROCCS)). (Agenda Item 6A) AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None DEED 6945 CUP 83-1 Richard C. Chang~ represent- 609 N. HARBOR BOULEVARD ing K-C Associates, submitted APPROVED & FILED the following statement with regard to Conditional Use Permit 83-1 filed by San Min Hsu and Jane Shian Chen Hsu to construct a two-story, 41-room motel at 609 N. Harbor Boulevard in the C2 District, on approximately 30,720 square feet: CITY COUNCIL MINUTES 99 APRIL 4, 1983 I hereby agree to construct a 6-foot high, 6-inch block wall along the east, north and south property lines for the motel to be constructed at 609 N. Harbor Boulevard. I also agree to waive a public hearing to consider this matter further. MOTION was made by Acosta, seconded by Markel, to approve and file the Negative Declaration and Findings of Fact including the above condition on CUP 83-1. (Agenda Item 8A) AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None FILE 625.15 ORD. NO. NS-1676 - TIME LIMITS - JUDICIAL REVIEW 2ND READ. & ADOPTED MOTION was made by Luxembour§er, seconded by McGuigan, to place the following ordinance on second reading and adopt: ORDINANCE NO. NS-1676 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 1-19 OF THE SANTA ANA MUNICIPAL CODE RELATING TO TIME LIMITS FOR SEEKING JUDICIAL REVIEW AND COST OF PREPARING ADMINISTRATIVE RECORDS. AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None FILE 430 ORD. NO. NS-1677 BINGO GAMES SET FOR PUBLIC HEARING 4/18/83 STAFF INSTRUCTED Doris La Magna, 910 N. French Street; and Clara. The following people spoke regarding Ordinance No. NS-1677: Rudy Montejano, 888 West Santa Aha Blvd.; Harold Heinly, 1200 N. Main Street; Hector Godinez, 433 W. Santa MOTION was made by Luxembourger, seconded by McGuigan, to set the following ordinance for public hearing on April 18, 1983: ORDINANCE NO. NS-1577 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 10-59.1, 10-60.2, 10-61.1, 10-61.3, t0-61.5, 10-61.6, 10-61.9, AND 10-62, AND ADDING SECTIONS 10-60.1.1, lO-61.10 AND lO-61.11 RELATING TO BINGO GAMES. AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None CITY COUNCIL MINUTES 100 APRIL 4, 1983 MOTION was made by Luxembourger, seconded by Acosta, to instruct staff to meet with parties of interest relative to Ordinance No. NS-1677 with the Clerk to notify Council of the meeting date. Motion passed on the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NDES: None ABSENT: None FILE 315 ORD. NO. NS-1678 BIN SERVICE - TRASH COLLECTION CONTINUED TO 5/2/83 MOTION was made by Acosta, seconded by McGuigan, to continue the following ordinance to May 2, 1983: ORDINANCE NO. NS-1678 - AN ORDINANCE OF THE CIY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 16-37 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE BIN SERVICE FOR TRASH COLLECTION AT RESIDENTIAL BUILDINGS WITH THREE OR MORE DWELLING UNITS. AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None FILE 843 RES. NO. 83-39 - COMMUNITY CRIME RESISTANCE PROG. GRANT ADOPTED Followin§ discussion, MOTION was made by Luxembourger, seconded by McGuigan, to adopt the follow- ing resolution: RESOLUTION NO. 83-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO APPLY FOR AND EXECUTE A GRANT AWARD FOR THE COMMUNITY CRIME RESISTANCE PROGRAM. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None FILE 715 RES. NO. 83-40 FINANCE DIR. DESIGNATED/ SPECIAL ASSESSMENTS ADOPTED Following discussion, MOTION was made by Markel, seconded by McGuigan, to adopt the follow- ing resolution: RESOLUTION NO. 83-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING THE DIRECTOR OF FINANCE TO ACT ON BEHALF OF THE CITY COUNCIL IN THE CORRECTION AND/OR CANCELLATION OF SPECIAL ASSESSMENTS. AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: None ABSENT: None FILE 310 CITY COUNCIL MINUTES 101 APRIL 4, 1983 SA/OC TRANSP. CENTER APP. ADJ. - APPROVED; BID AWARD - PROJECT 5075 (8375) APPROVED; RES. NO. 83-41 - GRANT APPLICATION-DEPT. OF TRANS. ADOPTED The City Manager reviewed events leading to the proposed action before Council and the financing plan for the Santa Ana/Orange County Transportation Center project. MOTION was made by Acosta, seconded by Luxembourger, to: 1) Approve Appropriation Adjustment No. 127 transferring $2,000,000 from 066-578-853 and $4,200,000 from 076-145-853-Water Utility Fund and Equipment Replacement Fund to 053-564-621-Inter-City Commuter Station Construction Fund. FILE 310.05 2) Award the following in accordance with bid summary report: PROJECT 5075 (8375) - Santa Aha Transportation Center On-Site Improvements - Public Works; Ray Wilson Company, PROJ. 5075(8375) in the amount of $6,065,000. FILE 615.10 3) Adopt the following resolution: RESOLUTION NO. 83-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. AYES: Acosta, Bricken, Griset, Luxembourger, McGuigan NOES: Markel, Serrato ABSENT: None FILE 615.10 RECESS HSG. AUTHORITY CRA RECONVENE Council recessed to the Housing Authority at 4:57 p.m., which recessed to the Community Redevelopment Agency at 5:06 p.m., and reconvened at 5:13 p.m. During the Housing Authority meeting, Councilmember Serrato requested that an overview of the City's housing programs be placed on the Council Referral list. ORAL COMMUNICATIONS NANCY RANKIN Ana continue its suit. The City Attorney Nancy Rankin, 2117 North Olive, spoke against pornographic showings at the Mitchell Brothers Theater and requested Santa reported litigation is ongoing. RECESS At 5:34 p.m., the Council recessed to dinner with the Ail-America City Award Committee members at Steve's Restaurant, 416 W. Fourth Street. CITY COUNCIL MINUTES 102 APRIL 4, 1983 At 7:43 p.m., the Council reconvened in the Council Chambers, with all members present, except Councilmember Serrato, who joined the meeting at 8:00 p.m. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance, the Invocation was given by Pastor John Wilker, St. Peters Evangelical Lutheran Church. PROCLAMATION PRIVATE PROPERTY WEEK proclaiming the week of April 4, 1983, as Councilman J. Ogden Markel presented a proclamation to Jim Loomis, President, East Orange County Board of Realtors, "Private Property Week." SPECIAL PRESENTATION John C. Crowley, National ALL-AMERICA CITY AWARD Municipal League, spoke on the significance of the All-America City Award to the community of Santa Aha, and presented the plaque awarded to Santa Aha in Washington, D.C. by President Reagan. A re-enactment of the presentation which won the All-America City Award for Santa Ana was given by members of the All-America City Committee. Mayor Bricken and Councilmembers presented commemorative plaques to Skip Stephenson, Zika Djokovich, Kieng Sok Lim, Sam Romero, and Robert Newcomb, members of the All-America City Award Committee. Dan Miller, representing Supervisor Roger Stanton, First District, Orange County, presented awards to the community on behalf of the Orange County Board of Supervisors. Marsha Gilchrist, on behalf of California Senator Ed Royce, recognized the City with a resolution from the Senate Rules C~mittee. Mayor Bricken and Councilmembers presented Certificates of Recognitinn to the All-America City Committee members. 125 Council recessed at 8:58 p.m., and reconvened in the Council Chambers at 9:28 p.m. PUBLIC HEARING Following discussion, MOTION A.A. NO. 881 - S.E. CORNER was made by Acosta, seconded SANTA ANA BLVD. & RAITT ST.; by Luxembourger, to continue CONT'D TO 4/18/83 the public hearing on Amendment Application No. 881, filed by the Civic Center Barrio Housing Association to rezone property located on the southeast corner of Santa Ana Boulevard and Raitt Street from the M1 (Light Industrial), C1 (Community Commercial) and R2 (Multiple-Family Residential) Districts to the SD-17 (Specific Development) District, or a more restrictive district, to April 18, 1983. CITY COUNCIL MINUTES 103 APRIL 4, 1983 Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None FILE 625.05 PUBLIC HEARING VACATION OF GARNSEY ST. CONT'D TO 4/18/83 MOTION was made by Acosta, seconded by Luxembourger, to continue the public hearing on the vacation of Garnsey Street to April 18, 1983. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None FILE 1040.20 O.C. RESCUE MISSION RES. NO. 83-27; RES. NO. 83-28 CONT'D TO 5/2/83 the Orange County Rescue Mission. The Mayor announced the following resolutions would be continued to May 2, 1983, due to an injunction issued by the Court upon request MOTION was made by Acosta, seconded by Serrato, to continue the following resolutions to May 2, 1983: 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. (RESCUE MISSION). 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. (RESCUE MISSION). AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, McGuigan, Serrato Markel None FILE 410.15 ORAL COMMUNICATIONS Councilmember Acosta inquired COUNCILMEMBERS as to when the acquisition of of the additional canine for the Santa Ana Police Department would be accomplished. The City Manager stated that there would be a resolution of acceptance on the City Council agenda of April 18, 1983. CITY COUNCIL MINUTES 104 APRIL 4, 1983 Councilmember 21, 1983, was of Eddie West of the Counci Acosta stated that the intention of his motion on March to waive 100 percent of all charges associated with operation Stadium on May 13, 1983, for Coper Bowl, Inc. The majority 1 concurred with the intent of Councilmember Acosta's motion. FILE 920 Councilmember Serrato complimented staff on the neighborhood meeting regarding the flood control channel and related issues. He also stated that he would like the issue of Thornton Park placed on the agenda as soon as possible. The City Manager responded that the matter would be set for consideration at an appropriate meeting. RECESS EXEC. SESSION RECONVENE Council recessed to Executive Session at 9:50 p.m., and reconvened at 10:11 p.m., with the same members present. EXEC. SESSION REPORT SHARPLESS; ZEPEDA; HOWELL; PARKER CA AUTHORIZED in the matter of the subrogation claim of By way of action out of Executive Session, MOTION was made by Serrato, seconded by Luxembourger, to authorize the City Attorney to accept $7,000 Vernon Sharpless. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Acosta, seconded by Serrato, to authorize the City Attorney to settle the claim of Porfirio Zepeda vs. City of Santa Ana, in the amount of $15,000.00. AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, Markel, McGuigan, Serrato Griset None MOTION was made by Markel, seconded by Serrato, to authorize the City Attorney to settle the claim of Roger Howell vs. City of Santa Ana, in the amount of $15,000.00. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None MOTION was made by Serrato, seconded by McGuigan, to reject an offer to compromise in the amount of $20,000.00 in the matter of Parker vs. City of Santa Ana. AYES: NOES: ABSENT: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None None FILE 410.10 CITY COUNCIL MINUTES 105 APRIL 4, 1983 ADJOURNMENT 22 Civic Center Plaza. At 9:32 p.m., the meeting was adjourned by unanimous informal consent, to April 12, 1983, at 7:30 p.m., City Council Chambers, Clerk of the Council CITY COUNCIL MINUTES 106 APRIL 4, 1983