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Home My WebLink About07-18-1988 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALZFORNIA dULY 18, 1988 At 2:05 p.m., the Senior Deputy Clerk of the Council called the regular meeting of the Santa Aha City Council to order in Room 423, City Hall, 20 Civic Center Plaza, Santa Ana. Since there were no Councilmembers present to respond to the call of the roll, the Deputy Clerk declared the meeting adjourned to 4:00 p.m. in Room 423. The meeting was called to order at 4:21 p.m. in Room 423 by Mayor Dan Young. Councilmembers present were John Acosta, Daniel E. Griset, Wilson B. Hart, Ron May, Patricia A. McGuigan, and Mayor Young. Also present were City Manager David N. Ream, City Attorney Edward J. Cooper and Sr. Deputy Clerk of the Council, Elizabeth A. Dang. Councilmember Miguel A. Pulido was absent. COUNCIL STUDY SESSION CHARTER AMENDMENTS City Attorney Ed Cooper reviewed proposed changes, to the City Charter and Santa Aha Municipal Code which would clarify and bring into consistency sections that had not been amended when the measure providing for direct election of the Mayor was approved in 1986. The Attorney also informed the Council, that he was preparing ordinances to amend the starting time of the Council's Afternoon and Evening Sessions to 4:00 p.m. and 7:00 p.m., respectively. Councilmembers discussed the proposed changes. The City Attorney indicated he would present various alternatives regarding the proposed Charter amendments at the Council meeting of August l, 1988. Clerk of the Council, Janice C. Guy, joined the meeting at 4:40 p.m. CONSENT CALENDAR REVIEW Councilmembers discussed concerns with respect to Consent Calendar Items. Vice Mayor McGuigan expressed concern regarding the evaluation system used by the Police Department with respect to the issuance of Alcoholic Beverage Control permits. Councilmember Grtset requested that the nomination of Albert Gipson, Sr. to the Human Relations Commission be continued, and the nomination of Marchelino Duarte also be considered for the position on the Commission. CITY COUNCIL MINUTES 220 JULY 18, 1988 RECESSED - 4:50 P.M. RECONVENED IN COUNCIL CHAMBERS - 5:03 P.M. - All Councilmembers present excep: counCllmem~ers urise: and Pultdo. PLEDGE OF ALLEGIANCE INVOCATION MAYOR YOUNG PRESENTATIONS SERVICE AWARDS - MAYOR YOUNG Recognition for 20 years of service Robert Ensley Police Sergeant Police Department Thomas Sawyer Police Sergeant Police Department FILE 120.35 Recognition for 25 years of service Glen Gri ffith Fire Captain Fi re Department Lawrence Wright Water Meter Repairer Public Works Agency FILE 120.35 5:11 P.M. - Councilmember Grtset rejoined the meeting. Proclamation declaring July 1988, as "National Parks and Recreation Month," presented by VICE MAYOR McGUIGAN to Rip Ribble, Operations Manager, Recreation and Community Services Agency. CITY COUNCIL MINUTES 221 JULY 18, 1988 CONSENTCALE~DAR The ~or announced the following amendments to the Consent Calendar: 1) Continuation of Item 13.A.2 to August 1, 1988. 2) "NO" votes by Mayor Young and Counctlmember Hart on Item 13.B. HOT[ON: Approve Consent Calendar items: MOTION: Acosta SECOND: May VOTE: AYES: Acosta, Griset, Hart, May, McGuigan, Young NOES: None ABSENT: Pulido MINUTES MOTION: 1.A. Approve Minutes. Regular Meeting of July 5, 1988 BID AWARDS MOTION: Award as recommended in Request for Council Action. TELEPHONE )RINTENANCE SERVICES - To NEC ~ertca, Inc., in the amount of $55,B$0.00 annually, for a three-year period with guaranteed increases for the second and third years not to exceed 8% annually - Finance and Management Services Agency. SPEC 88-016 LEASE OF ONE SEDAN - To Enterprise Rent-a-Car/Leasing for a thirty-six month lease in the amount of $16,173.36 ~ City Manager. SPEC 88-017 RECONSTRUCTION AND RESURFACING OF MAIN STREET - SOUTH CITY LIMITS TO DYER ROAD - To Blair Paving, Inc. in the amount of $387,796.00 - Public Works Agency. PROJ 1463 MOTION: 4.A. CHANGE ORDERS Approve. CONSTRUCTION OF PARKING STRUCTURE AT THE A-14 SITE - Change Order No. 2; increasing in the amount of $22,195.12 (4.56% of original award). PROJ 7459 CITY COUNCIL MINUTES 222 JULY 18, 1988 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS MOTION: Receive and file. OLIVER, Thai Thi - "Quan's T Deli" - 120 S. Harbor, #H, Original, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. LUV SUBS, INC. - "Sub Station II" - 2729 N. Bristol, #B2-B3, Original, type 41 On-sale beer and wine, public eating place. Police: Protest based on an above-average crime rate. Planning: Land Use Certificate required. 5,0. GULLI, Frank - "Chicago Subway" - 2096 S. Grand, Original, i~vpe 41 On-sale bee" and wine, public eating place. Police: Protest based on an above-average crime rate. Planning: Land Use Certificate required. 5.8, NGUYEN, Manh and PHAM, Phong - "Truong Tien Restaurant" - 4702 W. First, #F, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. FILE 405 CONDITIONAL USE PERMIT/VARIANCES/PA. RKING WAIVERS MOTION: Approve and file Negative Declaration, and Findings of Fact. CUP NO. 88-15 - Filed by The Nadel Partnership to allow the construction of the final phase of a three-phased master plan office complex located at 31lO Lake Center Drive in the M1 District. Staff Recommendation: APPROVAL. Planning Commission Action: APPROVAL. FILE 625,15 FINAL PARCEL/TRACT MAPS MOTION: Approve. 1D.A. PARCEL MAP NO. 87-322 - 1415-1419 W. Fifth Street - 1 parcel To consolidate two lots into one parcel for the purpose of developing a lO-unit apartraent project. FILE 62§.25 CITY COUNCIL MINUTES 223 dULY 18, 1988 COMPL£TION OF IMPRO¥£MENTS MOTXON: Authorize release of performance, monument, labor and material bonds. ll.A. TRACT 12gg5 - Newhope Street between McFadden Avenue and First Street. FILE 625.30 ll.B. TRACT 12386 - La Bonita Street and Progresso Street. FILE 625.30 AGREEMENTS MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.A. AGREEMENT NO. A-88-068 - BETWEEN THE CITY OF SANTA ANA AND SECOND BAPTIST CHURCH - For lease of City-owned property located on the northeast corner of Raitt Street and McFadden Avenue for a five-year period at the rental rate of $50.00 a n~nth for both parcels - Community Development Agency. FILE 630 12.B. AGREEMENT NO. A-88-069 - BETWEEN THE CITY OF SANTA ANA AND RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT - JTPA Sub-Contract for classroom instruction in the amount of $12,100.00 - Community Deve)op~nt Agency, FILE 5)0,05 12.C.1. AGREEMENT NO. A-88-OTOA - BETWEEN THE CITY OF SANTA ANA FIRE DEPARTMENT AND THE CALIFORNIA FIRE FIGHTER JOINT APPRENTICESHIP COMMITTEE - Short-teml agreemen~ for training activities - Fire Department. '~' FILE 710 12.C.2, AGREEMENT NO, A-88-O70B - BETWEEN THE CITY OF SANTA ANA FIRE DEPARTMENT AND THE CALIFORNIA FIRE FIGHTER JOINT APPRENTICESHIP COMMITTEE - Subscription agreement for training activities - Fire Department. FILE 710 12.0. AGREEMENT NO. A-88-071 - BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE MANAGEMENT ASSOCIATION - Amendment to delete a class, to equalize pay levels between positions, and to add an assignnmnt pay differential - Human Resources Department. FILE 505 BOARDS/COMMISSIONS/COMMITTEES 13.A. NOMINATIONS MOTION: Set for consideration at next regular meeting. 13.A,1. Coween A, Dtckerson, 3941 S. Bristol, #B-50, recommended for nomination by the Community Cable Citizens Board as the Chamber of Commerce Representative for a partial term expiring November 30, 1990. (Replacing Cantu) FILE llO. 15 CITY COUNCIL MINUTES 224 JULY 18, 1988 MOTION: 13.A.2. 13.B. MOTION: Continue to August 1, 1988, Albert Gipson, Sr., 505 S. Townsend Street, recommended for nomination by Councilmember Acosta as the Ward 6 representative to the Human Relations Commission for a partial term expiring NovemDer 30, 1990. (Replacing Grimes) FILE llO. 15 APPOINTMENTS Appoint. Zeke Hernandez, 701 E. Fifth St., #23, nominated by Councilmember Acosta as Ward 3 representative to the Housing Advisory Commission for a partial term expiring Noven~er 30, 1988. (Replacing Fields) (MAYOR YOUNG AND COUNCILMEMBER HART REGISTERED "NO" VOTES) FILE llO.15 UNINVESTIGATED LIA&)ILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from June 27, 1988 to July 8, 1988. FILE 415 CLERK OF MOTION: 15.A.1. 15.A.3. THE COUNCIL REPORT Instruct Clerk to enter into the Minutes. Pursuant to Government Code Section 54954.2, the July 5, 1988, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:30 p.m. on June 29, 1988. Pursuant to Government Code Section 54955, the adjournment of the July 5, 1988, City Council Meeting to 4:00 p.m. was posted on the' door of the Council Chambers, 22 Civic Center Plaza, at 2:05 p.m. on July 5, 19(~8. CONTINUE IT.S MOTION: Continue to September 19, 1988. 17.A. APPEAL APPLICATION NO. 88-2 - CUP NO. 88-6 - TENTATIVE TRACT PLAP NO. 13543 (Continued by Council on July 5, 1988,'by unanimous vote with Hart absent.) FILE 625.15 625.30 CITY COUNCIL MINUTES 225 JULY 18, 1988 MISCELLANEOUS lg.A. CONNUNITY DEVELOPMENT BLOCK GRANT FUNDS - HOUSING DEVELOPMENT MOTION: 1) Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT NO. A-88-072 - BETWEEN THE CITY OF SANTA ANA AND CIVIC CENTER BARRIO HOUSING CORPORATION - For the transfer of title to real property located at 1060 W. Third Street for low and moderate income housing units - Community Development Agency. (12.E.) FILE 62l 2) Authorize execution of deed by Mayor and Clerk. (6.A.) CIVIC CENTER BARRIO HOUSING CORPORATION, 1060 W. Third. DEED 7457 19.B. MOTI ON: PURCHASING POLICY Authorize. Use of a standard Vendors' List Application Form by City agencies. FILE 325 620 ORDINANCES SECOND READING/IMPLEMENTATIONRESOLUTIONS VOTES IN THIS CATEGORY WILL SHOW AS RECORDED AT FIRST READING. ABSENCES AT FIRST READING WILL BECOME AFFIRMATIVE VOTES UNLESS OTHERWISE INDICATED. ABSENCE AT SECOND READING WILL BE RECORDED AS SUCH. ITEMS WITH INSUFFICIENT "AYE" VOTES FOR APPROVAL WILL BE AUTOMATICALLY CARRIED FORWARD TO THE NEXT REGULAR COUNCIL AGENDA. 21.A. PERMITS FOR POOL/BILLIARD HALLS (Placed on first reading on July 5, 1988, by unanimous vote with Hart absent.) MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-1966 - An Ordinance of the City of Santa Ana Amending Section 29-1 of the Santa Aha Municipal Code and Adding Sections 29-1.1 and 29-1.2 Thereto to Provide for Annual Permits for Pool and Billiards Establishments and to Provide for a Fee for Such Permit Applications. FILE 310.30 CITY COUNCIL MINUTES 226 JULY 18, 1988 21.B, AM£NDM£NT APPLICATION NO. 1002 MOTION: (Placed on ftrst readtng on July 5, 1988, by unanimous vote.) Place ordinance on second reading and adopt. ORDINANCE NO. NS-1969 - An Ordinance of the City of Santa Aha Rezoning Certain Property Located at 1251 West 17th Street from the R2 (Two Family Residence) District to the R2-B (Two-Family Residence - B Suffix (Parking Modification)) District. FILE 625.05 625.15 625.25 21 .C. MOTION: APPROVAL OF VARIANCE NO. 88-6 (Authorized by unanimous vote on July 5, 1988.) Adopt resolution. RESOLUTION NO. 88-55 - A Resolution of the City Council of the City of Santa Ana Approving Variance No. 88-6 to Allow Four Wall Signs in Excess of Size Limitations on One Side of a Building Located at 305 East Fourth Street. {35.A.) FILE 625.45 21 .D, MOTION: APPROVAL OF VARIANCE NO. 88-7 (Authorized by unanimous vote on July 5, 1988.) Adopt resolution. RESOLUTION NO. 88-56 - A Resolution of the City Council of the City of Santa Ama Approving Variance No. 88-7 to Allow Cabinet Signs, Wall or Canopy Signs for Second Floor Retail Businesses, and Use of Nine Colors in the Signage Program, for the Fiesta Marketplace Development. (35.B.) FILE 625.45 *****END OF CONSENT CALENDAR***** CITY COUNCIL MINUTES 227 JULY 18, 1988 P.M. - TNe Mayor left the meeting. ORD%NANCE/FIRST READING 25.A. ZONING ORDINANCE AMENDMENT NO. 88-5 - PERMITTED USES AND DEVELOPMENT STANDARDS IN THE LM DISTRICT Jeff Rice, Associate Planner, responded to Councilmember's questions regarding technical aspects of proposed Ordinance No. NS-1970. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-1970 - An Ordinance of the City of Santa Aha Amending Sections 41-§05, 41-506, 41-507, 41-508, 41-$09, and 41-510 of the Santa Aha Municipal Code and Adding Section 41-512, to Revise the LM (Limited Manufacturing) District Zoning Regulations. MOTION: Hart SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May McGuigan Pulido, Young FILE 625.55 APPROPrIATiON ,,ADJUSTMENTS/COMBINED ITEMS 60.A. TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM AREA FEES MOTION: l) Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-1967 - An Ordinance of the City of Santa Aha Amending Section 8-44 of the Santa Aha Municipal Code to Provide for the Setting of Transportation System Improvement Program Area Fees by Resolution of the C~ty Council. (25.B.) 2i Adopt resolution. RESOLUTION NO. 88-53 - A Resolution of the City Council of the City of Santa Aha Setting Development Fees for Transportation System Improvement Program Areas B through F. (35.C.) MOTION: Hart SECOND: May VOTE: AYES: Griset, ~rt, May, McGuigan NOES: Acosta ABSENT: Pulido, Young FILE 310.30 CITY COUNCIL MINUTES 228 dULY 18, 1988 60.B. MOTION: RESIDENTIAL DEVELOPMENT FEES - PARK ACQUISITION AND DEVELOPMENT 1) Place ordinance on first reading and authorize publication of title. ORDINANCE NO. 1968 - An Ordinance of the City of Santa Ana Amending Sections 35-110 and 35-111 of the Santa Aha Municipal Code to Provide for the Setting of Park Acquisition and Development Fees by Resolution of the City Council. (25.C.) Adopt resolution. RESOLUTION NO. 88-54 - A Resolution of the City Council of the City of Santa Aha Setting Park Acquisition and Development Fees. (35.D.) MOTION: Hart SECOND: May VOTE: AYES: NOES: ABSENT: Griset, Hart, May, McGuigan Acosta Pulido, Young FILE 310.30 60.C. MOTION: GARDEN GROVE UNIFIED SCHOOL DISTRICT - APPROPRIATION ADJUSTMENT NO. OO1 Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. OOl - Transferring $140,000 from account 530-OlO-Anticipated Revenue as follows: $22,000.00 to Garden Grove Unified School District Acquisition Fund and $118,000.00 to t~e North Harbor Area Project Account for Reserve Appropriations (530-935-911). MOTION: Acosta SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan None Pulido, Young FILE 310.05 615.15 RECESSED TO INDUSTRIAL DEVELOPMENT AUTHORITY FOLLOWED BY COMMUNZTY REDEVELOPMENT AGENCY - 5:27 P.N, RECONVENED AND RECESSED TO CLOSED SESSION - ROOM 147 - 5:32 P.M. - All Counciimembers present except Mayor You'ng and Councilmember Pulido, CITY COUNCIL MINUTES 229 JULY 18, 1988 CLOSED SESSION The Clerk of the Council announced the City Council was recessing to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally, and to which the City was a party, to wit, Marsh vs. Ivey, and Bailey vs. City of Santa Aha (Worker's Compensation). Mayor Young rejoined the City Council meeting during Closed Session. RECONVENED - 5:56 P.M. - M1Councilmembers present except Councilmember MOTION: MOTION: Authorize settlement of Bailey vs. City of Santa Ana (Worker's Compensation) in a stipulation in the amount of ~19,g85.00. MOTION: McGuigan SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Young None Pulido FILE 410.10 Authorize settlenmnt of Marsh vs. Ivey in the amount of $50,000.00. MOTION: Hart SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Griset, Hart, May, McGuigan, Young None Pulido FILE 410.10 CO)J4ENTS 90.A. PUBLIC COMMENTS The following persons spoke with regard to the City's policy regarding confiscation of property ~eft in the ~ity's parks, expressed concern regarding the City s pending policy w~th respect to food distribution, and suggested the Council encourage the formation of a Committee composed of residents, merchants, members of the Police Department and representatives of agencies serving the homeless, for the purpose of working to solve t~e problems of homeless people. Father Wilbur Davis, 727 N. Minter Street Sister Barbara A. Clem, Catholic Charities of Orange County Richard Muff, 2814 Griset Place James Homart, 2814 Griset Place CITY COUNCIL MINUTES 230 JULY 18, 1988 The Mayor requested that the City Manager pursue the formation of such a Committee, but expand the mission of the Committee to approach t~e problem from a "County-wide" as opposed to "Santa Aha-wide" basis. Councilmember Acosta suggested that the City's Human Relations Commission participate in this Committee's activities. 90.C. CITY COUNCIL COMMENTS Vice Mayor McGuigan requested that the City Manager provide the Council with a copy of Santa Ana's response to a recent Southern California Association of Governments (SCAG) housing needs assessment. Councilmember Griset expressed concern that Memorial Park Pool was not currently in use. ADJOURNMENT At 6:20 P.M., to 5:30 P.M. Tuesday, duly 19, 1988, Council Chambers, 22 Civic Center Plaza, Santa Aha **NO EVENING SESSION** ~Clerk of the Council CITY COUNCIL MINUTES 231 JULY 18, 1988