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Home My WebLink About07-06-1987 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 6, 1987 The meeting was called to order at 2:22 p.m., in Room 423, City Hall, 20 Civic Center Plaza, by Mayor Dan Young. Councilmembers present were John Acosta, Ron May, Patricia A. McGuigan, Miguel A. Pulido and Mayor Young. Also present were City Manager David N. Ream, City Attorney Edward J. Cooper and Clerk of the Council Janice C. Guy. Councilmembers Wilson B. Hart and Daniel E. Griset joined the meeting at 2:23 p.m. and 2:32 p.m. respectively. COUNCIL STUDY SESSION Presentation of 1987-88 City Budget Public Works Agency Executive Director David Grosse presented the mission statement of the Agency; five-year goals of the Agency's major divisions, Maintenance Services, Engineering Department, Construction Department, Transportation Department, Administrative Services Division, and Public Works Enterprise Management; and introduced the Public Works Management team. Steve Bucknam, Project Management Director, indicated the Agency had recently undergone a major reorganization, and explained his responsibilities and project management procedures. Public Works staff showed a video presentation narrated by City Engineer Robert Eichblatt, which demonstrated the City's infrastructure program, and projects planned for the coming fiscal year. The Mayor requested that arterial widening be a subject for further discussion at a future Council meeting. At 3:08 p.m., the Council recessed and reconvened at 3:30 p.m., with all Councilmembers present. CITY COUNCIL MINUTES 183 JULY 6, 1987 Clerk of the Council/City Attorney/City Manager Budgets The Clerk of the Council presented the mission statement of the Clerk's Office, 1986-87 achievements, and the Office's five-year plan. The City Attorney reviewed the staffin9 of the Attorney's office, noting the high level of experience of the staff, and reported on 1986-87 achievements of the Attorney's office, particularly with respect to Redevelopment and Code Enforcement cases. Jan Perkins, Deputy City Manager, presented the mission statements of the Manager's office and the Council Support section. She indicated the major areas for development in the coming years would be in the management audit and systems development areas. Vice Mayor McGuigan requested clarification relative to the rotation of personnel within the Council Support office. Deputy City Manager Perkins indicated that the Council Support Manager, Legislative Aide, and clerical positions would not be rotated, but that an opportunity would be provided to employees in the various City departments to rotate into the Council Support office for six to nine month assignments. The City Manager summarized the underlying assumptions and long range plan for the City beginning with the 1987-88 Budget. The Council complimented Manager Ream on his excellent budget presentation. Eddie West Blue Ribbon Committee The Mayor informed the Council he had been exploring the possibility of establishing a 81ue Ribbon Committee, whose purpose would be to provide guidance to the City Council with respect to the physical characteristics, and possible future improvements to Eddie West Field. Councilmember Pulido indicated that in general he supported the concept, but had numerous questions, with respect to the Committee's task. Councilmember Hart sug9ested that a source of funds be identified for possible improvements before establishing the Committee. By the unanimous informal consent of the Council, the City Manager was requested to identify a scope of work, and a source of funds, if possible, and to report on the matter within thirty days. FILE 920 At 4:20 p.m., the Council recessed, and reconvened at 4:33 p.m., with all Councilmembers present. CITY COUNCIL MINUTES 184 JULY 6, 1987 Main Place Off-Ramp Executive Director David Grosse, Public Works Agency, updated the Council with respect to modifications to the I-5 Freeway on-and-off ramps in the Main Place area. He indicated that Alternate H3 had been approved by Cal-Trans and the Federal Highway Agency, but that construction would require a minimum of five to six years. Consent Calendar Review Councilmembers discussed concerns relative to Consent Calendar Items. CLOSED SESSION At 5:00 p.m., the Council recessed to Closed Session in Room 423, City Halt. The Clerk of the Council announced t~e Council was recessing to Closed Session pursuant to Government Code Section 54956.9 (b)(1), to discuss pending litigation of significant exposure and pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters. At 6:05 p.m., the Council continued its Closed Session in Room 831. RECONVENED - 7:47 p.m. City Councilmembers ACOSTA, GRISET, HART, MAY, McGUIGAN, PULIDO, YOUNG PLEDGE OF ALLEGIANCE INVOCATION CHUCK MICHEL, Member Christian Businessmen's Committee PRESENTATIONS Proclamation presented by VICE MAYOR McGUIGAN to SHARON SIMMONS in recognition of her services as President of the Friends of the Santa Ana Zoo. Proclamation declaring July 1987 as "National Parks and Recreation Month," presented by COUNCILMEMBER MAY to ALLEN E. DOBY, Executive Director, Recreation and Community Services Agency. CITY COUNCIL MINUTES t85 JULY 6, 1987 Plaque from the City Hall Digest presented by COUNCILMEMBER MAY to ALLEN E. DOBY, Executive Director, Recreation and Community Services Agency, in recognition of the Cable Division's winning entries for Audio/Visual/TV Public Services Announcement. Proclamation recognizing the Eastside Neighborhood Association presented by COUNCILMEMBER HART to LARRY HITTERDALE, President, Eastside Neighborhood Association. CONSENT CALENDAR The Mayor announced that Councilmember Acosta had registered a "No" vote on Item 3.A., and that Item Nos. 12.A. and 13.A. would be removed from the Consent Calendar for separate action. MOTION: Approve staff recommendations on the following Consent Calendar items: MOTION: Acosta SECOND: Pulido VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Pulido, Young NOES: None ABSENT: None MINUTES MOTION: 1.A. Approve Minutes. Regular Meeting of June 15, (YOUNG - abstained) 1987 BID AWARDS MOTION: Award in accordance with bid summary reports. 3,Ao IMPROVEMENTS OF CAMILLE AND SUSAN STREETS (PHASE II) - To Clayton Engineering, in the amount of $131,521.00 - Public Works Agency. (COUNCILMEMBER ACOSTA registered a "NO" vote.) PROJ 2102 CITY COUNCIL MINUTES 186 JULY 6, 1987 3.0. MOTION: 3.E. NEIGHBORHOOD IMPROVEMENTS ON MOUNTAIN VIEW STREET - From First to Fifth Streets - To Inland Constructors, in the amount of $49,524.00 - Public Works Agency. PROJ 2134A REHABILITATION OF THE ONE MILLION GALLON ELEVATED WATER TANK - To United Riggers and Erectors, Inc., in the amount of $528,900.00 - Public Works Agency. PROJ 3109 DESIGN/CONSTRUCTION OF PARKING STRUCTURE AT THE A-14 SITE - To A.T. Curd Builders, Inc., in the amount of $3,832,188.10 - Public Works Agency/Community Development Agency. PROJ 7459 Reject bid from Fontaine Truck Equipment Co. as non-responsive to the specification and award in accordance with bid summary report. TWO (2) ONE-TON TRUCKS WITH SPECIALTY BODIES - To Dodge Central, Inc., in the amount of $30,626.00 - Finance and Management Services. SPEC 87-011 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS MOTION: Receive and file. EXPRESS OIL CO. - "Express Oil Co." - 1445 S. Bristol, Original, type 20 Off-sale beer and wine. Police: Protest, overconcentration. Planning: Conditional Use Permit required. FIGUEROA, Liberato M. - "La Fogata" - 1722 W. lst., #G, Original, type 41 On-sale beer and wine, public eating place. Police: Protest, high crime rate. Planning: No action required. 5,0. PARK, Young and John - "Santa Market & Deli" - 652 S. Harbor Blvd., Person-to-person transfer, type 21 Off-sale general. Police: No protest. Planning: No action required. KIM, Hye and Kwang- "Terry's Charbroiler Burger" - 2501 North Grand Avenue, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. 5oE. VONS COMPANIES, INC. - "The Pantry Supermarkets" - 2725 N. Bristol, Stock transfer, type 21 Off-sale general. Police: No protest. Planning: No action required. CITY COUNCIL MINUTES 187 JULY 6, 1987 5.F. Cafe" - 2211 E. On-sale beer and 5oG, 5,Ho HERR, Albin and Valentine - "Marse Continental 17th Street, Person-to-person transfer, type 41 wine, public eating place. Police: No protest. Planning: No action required. SNELSON, Michael L. - "The Wine Exchange" - 3016 S. Halladay, #C, Dropping partner off, type 17 Beer and wine wholesaler. Police: No protest. Planning: No action required. NGUYEN, Sonny T. - "Main Market" - 2133 S. Main, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. KIM, Soo Hwan and KIM, Soo Duk - "Mercado de Panchito" - 1206 E. 4th St., Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. FILE 405 TENTATIVE TRACT MAP MOTION: Approve and file Negative Declaration; find t~at the proposed subdivision and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in Planning Manager's report. NEGATIVE DECLARATION AND TRACT MAP 13095 - Filed by Ainslie Development to consolidate .6+ acres of land into one parcel for future residential development - 403 S. Newnope. FILE 625.30 AGREEMENTS MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.B. AGREEMENT NO. A-87-056 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND SANTA ANA FIRE MANAGEMENT ASSOCIATION - For the period July 1, 1987 through June 30, 1989. FILE 505 12.C. AGREEMENT NO. A-87-057 - BETWEEN THE CITY OF SANTA ANA AND FERGUSON COMPANY - For advocacy services in the amount of $35,000.00 for the period July 1, 1987 through June 30, 1988. FILE 445 CITY COUNCIL MINUTES 188 JULY 6, 1987 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from June 9, 1987 to June 26, 1987. FILE 415 CLERK OF THE COUNCIL REPORT MOTION: Instruct Clerk to enter into the Minutes. 15.A.1. Pursuant to Government Code Section 54954.2, the June 15, 1987, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on June 10, 1987. REPORT TO FILE 16.A. MOTION: 16.A.1. PERSONNEL BOARD ACTIONS Receive and file. Findings of Fact and Conclusions of Law re Katherine Hunt and James E. Galbert. FILE 500 16.B. MOTION: 16.B.1. MAIN PLACE OFF-RAMP Approve in concept. Alternate H3 (originally Alternate H2 Modified), as prepared by the California Department of Transportation and the Federal Highway Administration providing additional access to Main Place via Broadway. FILE 1025 HEARINGS AND RELATED ACTIVITIES 18.A. ABANDONMENT 86~A9 HEARING - AUGUST 3, 1987 MOTION: Adopt resolution. RESOLUTION NO. 87-51 - A Resolution of the City Council of the City of Santa Ana Declaring Its Intention to Vacate an Alley in the Block Bounded by Sixth, Minter, Lacy and Santa Ana Boulevard, Setting a Public Hearing Thereon, and Directing Notice Thereof to be Posted and Published. FILE 1040.20 CITY COUNCIL MINUTES 189 JULY 6, 1987 18.B. ABANDONMENT 86-A10 HEARING - AUGUST 3, 1987 MOTION: Adopt resolution. RESOLUTION NO. 87-63 - A Resolution of the City Council of the City of Santa Ana Declaring Its Intention to Vacate a Portion of Fifth Street East of Wright Street, Setting a Public Hearing Thereon, and Directing Notice Thereof to be Posted and Published. FILE 1040.20 LEGISLATIVE ACTIONS/STATE 20.A. ASSEMBLY BILL 937 (MODESTO) MOTION: Declare support for and direct staff to notify the appropriate legislators of the Council's action. 20.A.1. Proposed legislation which will provide that a city may require conditional use permits to allow the combined sale of gasoline and alcoholic beverages. FILE 450 20.B. MOTION: 21 .B.I. ASSEMBLY BILL 2182 (POLANCO) Declare support for and direct staff to notify the appropriate legislators of the Council's action. Proposed legislation which would authorize a redevelopment agency to repurchase its bonds at a higher price if a majority of its members determine the purchase to be financially advantageous to the agency, and the purchase is approved by the legislative body of the city or county. FILE 450 20.C. MOT I ON: 20.C.1. SENATE BILL 171 (DAVIS) Declare support for and direct staff to notify the appropriate legislators of the Council's action. Proposed legislation which would impose the duty of orally notifying the victim of a crime of the actual sentence of the court. FILE 450 CITY COUNCIL MINUTES 190 JULY 6, 1987 ORDINANCES/SECOND READING 21.A. REVISED DEFINITION OF "REFUSE" (Placed on first reading on June 15, 1987, by unanimous vote with Young absent.) MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-1917 - A Ordinance of the City of Santa Aha Amending Section 16-29 of the Santa Aha Municipal Code and Adding Section 16-29.5 Thereto to Revise the Definition of "Refuse" in the City Refuse Collection Regulations. FILE 843 *****END OF CONSENT CALENDAR***** AGREEMENT 12.A. AGREEMENT WITH GARDEN GROVE SCHOOL DISTRICT Councilmember McGuigan noted for the record that the proposed agreement between the City of Santa Ana and the Garden Grove Unified School District for four relocatable classrooms demonstrated a spirit of cooperation between the City and the District, and would provide classroom space for Santa Ana students attending District Schools. MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT NO. A-87-055 - BETWEEN THE CITY OF SANTA ANA AND GARDEN GROVE UNIFIED SCHOOL DISTRICT - For four relocatable classrooms in the estimated amount of $200,000.00. MOTION: McGuigan SECOND: Griset VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 610 CITY COUNCIL MINUTES 191 JULY 6, 1987 13.A. MOTION: 1 3.A.1. BOARDS/CO~IISSIONS/CO~tITTEES COMPENSATION STUDY Approve. Revised pay schedule for the various boards and commissions with the exception of the Community Cable Citizens Board as outlined in staff memorandum dated May 28, t987. MOTION: Acosta SECOND: McGuigan VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Pulido, Young NOES: None ABSENT: None Approve a revised pay schedule for the Community Cable Citizens Board, as outlined in the staff memorandum dated May 28, 1987. MOTION: MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: ABSTAINED: Acosta, Griset, Hart, May, Pulido, Young None None McGuigan FILE llO COUNCIL AGENDA ITEM 65.A. ZONING ORDINANCE AMENDMENT NO. 87-8 - RENEWAL OF SWAP MEET AGREEMENT Zoning Ordinance Amendment No. 87-8 proposing to amend the Zoning Ordinance {Open Space District) to permit non-educational outdoor activities with an approved conditional use permit. Recommended for denial by the Planning Commission on May 26, 1987, by the following vote: AYES: NOES: ABSENT: Casteix, Miller, Godinez, Spevacek, Chavez-Gomez, Sizemore Uno None Councilmember Griset requested advice from the City Attorney with respect to a letter from C. Robert Ferguson dated July 1, 1987 indicating that he had a possible conflict of interest with regard to the Agenda item, since his residence was in the area immediately adjacent to the Swap Meet. The City Attorney indicated that Councilmember Griset need not disqualify himself from voting, based on a recent appraisal of his home. Councilmember Acosta proposed that the Council accept a revised agenda page containing additional recommended actions with respect to the relocation of the Swap Meet and establishment of a citizens' advisory committee to review Swap Meet relocation sites. CITY COUNCIL MINUTES 192 JULY 6, 1987 MOTION: Accept revised agenda page dated July 6, 1987 in lieu of original prepared on July 1, 1987. MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Youn9 None FILE 625.55 None 920 Planning Manager Melanie Fallon presented the staff report, Planning Commission recommendations, and staff comments. The following persons spoke in favor of continuation of swap meet activities: Manuel Ortega, 13571 Hewes, Attorney for Swap Meet vendors Bob Partridge, 13582 Jemel Way, Irvine Shirley Ralston, 1474 N. Cleveland, Orange Sean Mill, 617 S. Starboard Rick Kagasoff, 1115 N. Louise Andrea Jeffrey, 2020 S. Susan, "N" Lalo Castillo, 27182 Huerta, Mission Viejo Linda Mendoza, 802 S. Flower Sam Romero, 2034 S. Spruce, #147 Ron Heike, lOlO W. Santa Clara Paul Sepulveda, 1519 N. Towner Rick Norton, 3309 S. Main Bob Miranda, N. Ross Street Hector Godinez, 433 W. Santa Clara Rudolfo Montejano, 1018 20th Street At 9:29 p.m., the Council recessed, and reconvened at 9:47 p.m., with all Councilmembers present. Linn Morgan, lO14 S. Shawnee, spoke on behalf of non-profit organizations who favored swap meet activities. The following persons spoke against continuation of swap meet activities: Sara Broadbent, 1412 N. Freeman Kathy Rosenow, ll03 N. Freeman Susan Van der Roest, 814 N. Freeman Mark Kusiak, 1060 W. Washington Russell Long, 1322 N. Westwood Susan Tully, 518 S. Birch Jim Lowman, 2314 N. Bristol David Fraunfelder, 819 Spurgeon John Raya, 4618 W. Hollyline Sandra Thrower, 3930 W. Fifth, #102 Raymond Rangel, 308 E. Fourth Street Joe Elias, 209 W. Fourth Street Jack McCulloch, Downtown businessman Jorge Ceja, 209 W. Fourth Street Adolfo Lopez, Downtown businessman CITY COUNCIL MINUTES 193 JULY 6, 1987 At lO:51 p.m., the Council recessed, and reconvened at ll:02 p.m., with all Councilmembers present. Councilmembers discussed various aspects of the proposed action. MOTION: Deny Zoning Ordinance Amendment 87-8, affirming the decision of the Planning Commission. MOTION: Hart SECOND: Young MOTION: VOTE: AYES: Griset, Hart, May, McGuigan, Young NOES: Acosta, Pulido ABSENT: None FILE 625.55 920 Direct staff not to renew Norton Western Enterprises' a§reement at the Santa Ana Stadium. MOTION: Hart SECOND: Young VOTE: AYES: Griset, Hart, May, McGuigan, Young NOES: Acosta, Pulido ABSENT: None FILE 625.55 92O At ll:51 p.m., the Council recessed, and reconvened at 12:07 a.m., with all Councilmembers present. ADJOURNMENT MOTION: Recess the regular Council meeting of July 6, 1987 to 5:30 p.m., July 7, 1987, in the Council Chambers, 22 Civic Center Plaza. MOTION: Acosta SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Pulido, Young None None FILE 120.10 At 12:08 a.m., the meeting was recessed. /~TaHice C. Guy 'Clerk of the Council CITY COUNCIL MINUTES 194 JULY 6, 1987