HomeMy WebLinkAbout03-20-1989 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 20, 1989
The meeting was called to order at 4:17 p.m. in Room 423, City Hall,
20 Civic Center Plaza, by Mayor Pro Tem Acosta. Councilmembers present
were Ron May, Patricia A. McGuigan, and Miguel A. Pulido. Also present
were City Manager David N. Ream, City Attorney Edward J. Cooper and Clerk
of the Council Janice C. Guy.
Mayor Dan Young joined the meeting at 4:24 p.m., and Councilmember Daniel
E. Griset at 5:06 p.m.
COUNCIL STUDY SESSION
1989-90 BUDGET
The City Manager informed the Council that an update on the Budget process
would not be necessary at this time.
QUALITY CUSTOMER SERVICE TEAMS
Assistant City Manager Robyn Simpson introduced the Executive Director of
Community Development Cindy Nelson, Fire Chief Alan Carter, and Chief of
Police Paul Walters, each of whom reviewed the progress of the Quality
Customer Service Teams within their agencies. Simpson indicated the
individual teams would be presenting complete reports to the Council on
April 17, 1989.
The City Manager indicated the Quality Customer Service process would be
used extensively in the City during the next five-year period.
CONSENT CALENDAR REVIEW
Councilmembers discussed concerns with respect to Consent Calendar items.
Mayor Pro Tem Acosta requested the City Attorney provide the Council with
a cost breakdown of outside legal counsel expenditures for the previous
year.
RECESSED - 4:42 P.M.
RECONVENED - COUNCIL CHAMBERS - 4:59 P.M. - All Councilmembers present
except Councilmember Griset.
CITY COUNCIL MINUTES 70 ~RCH 20, 1989
19.A.
MOTION:
NON-CATEGORIZED ITEMS
TRANSFER OF CITY PROPERTY - 1967 FIRE PUMPER
Authorize the City Manager to remove 1967 Crown Fire Pumper from
the City's inventory and donate the vehicle to the Township of
Neuvo Leon, Mexicali, Baja, California.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT:
SECOND: Acosta
Acosta, May, McGuigan, Pulido, Young
None
Griset FILE 710
PRESENTATIONS
Presentation of 1967 City Fire Pumper to
Assistant Fire Chief Robert Martinez and
three Commissioners from Ajido Nuevo
Leon, by MAYOR YOUNG and Fire Chief
Carter.
EMPLOYEE SERVICE AWARDS - MAYOR YOUNG
Recognition for 25 years of service:
Deanna Cline, Associate Engineer
Public Works Agency
Elsa See, Senior Office Assistant
Police Department
James Dittman, Police Captain
Police Department
Recognition for 20 years of service:
John Dittus, Sargeant
Police Department
FILE 120.35
5:06 P.M. - Councilmember Griset joined the meeting.
CONSENT CALENDAR
The Mayor announced the following changes to the Consent Calendar:
l) An "Abstention" by Mayor Young on Item 1.A.
2) An "Abstention" by Councilmember Griset on Item 21.A.
Miles Leach, 2025 W. Tenth St., requested the March 6, 1989 Minutes be
amended to include that he was dissatisfied with the Councilmembers'
representation of their constituents (Minutes page 67).
CITY COUNCIL MINUTES 71 MARCH 20, 1989
MOTION:
MINUTES
MOTION:
1.A.
Amend March 6, 1989 Minutes and approve Consent Calendar items:
MOTION: Acosta
VOTE: AYES:
NOES:
ABSENT:
SECOND: McGuigan
Acosta, Griset, May, McGuigan, Pulido, Young
None
None FILE 120
Approve Minutes.
Regular Meeting of March 6, 1989
(MAYOR YOUNG REGISTERED AN "ABSTENTION")
BID CALLS/REQUESTS FOR PROPOSALS
MOTION: Approve plans and specifications and authorize advertisement for
bids.
2.Ao
SLURRY SEAL PROGRAM (FY 1988-89) - Public Works Agency.
PROJ 2153
2oB,
SITEWORK AND EQUIP WELL NO. 36 (PHASE II) - Public Works Agency.
PROJ 3115
2.Co
ARTERIAL STREET TREE PLANTING - Public Works Agency.
PROJ 7854/7951
BID AWARDS
MOTION: Award as recommended in Request for Council Action.
3.Ao
STREET IMPROVEMENTS - 220 N. TUSTIN AVENUE - To Excel Paving
Company in the amount of $24,192.00 - Public Works Agency.
PROJ 1498
CHANGE ORDERS
MOTION: Approve.
CHANGE ORDER 1 - POLICE DEPARTMENT LOCKER ROOM EXPANSION;
increasing in the amount of $1,714.00 (8.7% increase).
PROJ 6232
CITY COUNCIL MINUTES
72 MARCH 20, 1989
ALCOHOLIC BEVERAGE CONTROL LICENSE APPLICATIONS
MOTION: Receive and file reports.
VU, Duc Thi, "Tan Lac Vien Restaurant" - 2317 W. First St. #C,
Original, type 41 On-sale beer and wine, public eating place.
Police: Protest due to above-average crime rate.
Planning: No action required.
FLORES, Francisco D., MUNOZ, Antonio L. - "El Rey del Taco" - 501
N. Harbor #F, Original, type 41 On-sale beer and wine, public
eating place.
Police: Protest due to above-average crime rate.
Planning: Land Use Certificate required. FILE 405
SURPLUS PROPERTY
MOTION:
Determine that the real property is surplus; and authorize City
Manager or his designee to schedule and conduct sale, per SAMC
Section 2-706.
7,Ao
SPR 89-01 - Southwest corner of Portola and Mabury Streets;
minimum bid of $80,000.00. FILE 630.15
CONDITIONAL USE PE~IT/VARI~CES/PARKING WAIVER
MOTION: Approve and file Negative Declaration and Findings of Fact.
8oA.
VA 89-001 - Filed by Santa Ana Racquetball World to permit a
53,812 square foot addition with a parking deficiency for an
existing facility located at 1901 E. First Street in the C5
District.
Staff recommendation: APPROVAL.
Planning Con~ission Action: APPROVAL. FILE 625.45
AGREEMENTS
MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to
execute agreements.
12.A.
AGREEMENT A-89-014 - BETWEEN THE CITY OF SANTA ANA AND KINKLE,
RODIGER AND SPRIGGS - Amendment to agreement for legal services
to increase the hourly rate from $80.00 to $90.00 - City Attorney.
FILE 410
12.B.
AGREEMENT A-89-015- BETWEEN THE CITY OF SANTA ANA AND SILVAS AND
EATON - Amendment to agreement for legal services to increase the
hourly rate from $80.00 to $90.00 - City Attorney.
FILE 410
12.C.
AGREEMENT A-89-016 - BETWEEN THE CITY OF SANTA ANA AND MOORE AND
MATHEIS - For legal services at the rate of $100.00 per hour -
City Attorney. FILE 410
CITY COUNCIL MINUTES
73 MARCH 20, 1989
BOARDS/CO~BilSSIONS/COI~4ITTEES
13.A. REAPPOINTMENTS
MOTION: Reappoint.
Frank J. Spevacek, lO16 Sharon Road, recommended by COUNCILMEMBER
GRISET, as the Ward 5 representative to the Planning Commission
for a second full term to expire November 30, 1992.
FILE llO.15
UNINVESTIC~TED LIABILITY CLAIMS
MOTION: Refer to administration.
14.A. Claims received from February 27,
1989 to March 10, 1989.
FILE 415
CLERK OF THE COUNCIL REPORT
MOTION:
15.A.
Instruct Clerk to enter into the Minutes.
Pursuant to Government Code Section 54954.2, the March 6, 1989,
City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 4:00 p.m. on March 1, 1989.
REPORTS TO FILE
MOTION: Receive and file.
16.A. STAFF REPORT RE CALIFORNIA WAVE RESTAURANT, 323 N SYCAMORE, STE. A
FILE 405
CONTINUED ITEMS
17.A. BRISTOL CORRIDOR REDEVELOPMENT PROJECT AREA
MOTION:
17.A.1.
17.A.2.
Continue pending further input from the Project Area Committee.
RESOLUTION 89-19 - A Resolution of the City Council of the City
of Santa Aha Consenting to and Calling a Joint Public Hearing on
the Proposed Redevelopment Plan for the Bristol Corridor
Redevelopment Project. FILE 615.30
RESOLUTION 89-20 - A Resolution of the City Council of the City
of Santa Aha Receiving Adopted Owner Participating and
Preferences Rules, Proposed Redevelopment Plan, and Commission's
Report to City Council for the Bristol Corridor Redevelopment
Project. FILE 615.30
CITY COUNCIL MINUTES 74 )v~ARCH 20, 1989
HEARINGS
MOTION:
18.A.
MOTION:
18.B.
AND RELATED ACTIVITIES
Adopt.
Hearing Officer's report in its entirety which recommends
referral of the disability retirement appeal by John S. Rattelman
back to the City Manager for reconsideration. FILE 135.05
Authorize.
Appointment and payment of a hearing officer to consider the
disability retirement appeal of Paul Richard Osborne.
FILE 135.05
ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS
VOTES IN THIS CATEGORY MAY DIFFER FROM THE VOTE ON THE CONSENT CALENDAR.
THE DECISION ON THESE ITEMS WAS MADE AT A PREVIOUS COUNCIL MEETING AND THE
VOTE CARRIED FORWARD. IF A COUNCILMEMBER WAS ABSENT AT THE PREVIOUS
MEETING, BUT IS PRESENT FOR THIS MEETING AND DOES NOT DECLARE OTHERWISE,
HIS/HER VOTE WILL BE RECORDED AS AFFIRMATIVE. ABSENCES AT THIS MEETING
WILL BE RECORDED AS SUCH.
MOTION: Place ordinance on second reading and adopt.
21.A. AMENDMENT APPLICATION 1023
(Placed on first reading on March 6, 1989, with Young absent and
Griset absent due to conflict of interest.)
ORDINANCE NS-2003 - An Ordinance of the City of Santa Aha
Rezoning Certain Property Located at 811-821 S. Euclid Street
from the R1 (Single-Family Residential) District to the PRD/SD
(Planned Residential Development/Specific Development) District
and Adopting Specific Development Plan No. 50.
(COUNCILMEMBER GRISET REGISTERED AN "ABSTENTION") FILE 625.05
*****END OF CONSENT CALENDAR*****
CITY COUNCIL MINUTES 75 MARCH 20, 1989
BUSINESS SESSION
APPROPRIATION ADJUSTMENTS/COMBINED ITEMS
60.A. APPROPRIATION ADJUSTMENT 151 - HARBOR BOULEVARD STORM DRAIN
MOTION: l) Approve. (Requires five affirmative votes.)
APPROPRIATION ADJUSTMENT 151 - Transferring $210,000.00 from
account 210-890-Developer Contribution-(New Revenue Source) to
account 210-536-631-Public Works-Storm Drain Construction.
2) Authorize City Attorney to prepare and Mayor and Clerk to
execute agreement.
AGREEMENT A-89-017 - BETWEEN THE CITY OF SANTA ANA AND CITY OF
FOUNTAIN VALLEY - For construction of a portion of the "EO1P02"
storm drain on Harbor Blvd. from the mutual City boundary to
Lilac Avenue - Public Works Agency. (Item 12.D.)
MOTION: McGuigan SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
ABSTAINED:
Acosta, Griset, May, McGuigan, Pulido
None
None FILE 310.05
Young 840
RECESSED TO CLOSED SESSION - ROOM 147 - 5:22 P.M.
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,
City of Santa Ana vs. Carlisle Insurance;
pursuant to Government Code Section 54956.9(b)(1) regarding pending
litigation of significant exposure; and pursuant to Government Code
Section 54957.6 to meet with its designated representatives regarding
labor relations matters.
RECONVENED AND RECESSED TO DINNER - ROOM 831 - 5:54 P.M.
RECONVENED IN COUNCIL CHAMBERS - 7:09 P.M. - All Councilmembers present.
PLEDGE OF ALLEGIANCE
CITY COUNCIL MINUTES 76 MARCH 20, 1989
PRESENTATIONS
Proclamation recognizing Santa Ana High
School senior for his participation in
the anti-drug video, "A Friend,"
presented by MAYOR PRO TEM ACOSTA to
Eddie Torres.
Proclamation recognizing the "Remington
School Family Math Program" presented by
COUNCILMEMBER MAY to instructors Serene
Stokes, Carole Kikuta, Maria Mata-
Palacio, Lorena Delgadillo, and Linda
Paredes, and Jerry Valenzuela of "Boys
Market."
Proclamation recognizing March as
"American Red Cross Month," presented by
COUNCILMEMBER PULIDO to Bob Hellender,
Disaster Manager, and Dusty Bowenkamt,
Assistant Director for Operations.
PUBLIC HEARINGS
75.A. SALE OF SURPLUS PROPERTY - PARAMEDIC AMBULANCE
Proposal to grant an exception to sale of public property procedures.
Legal notice published in the Orange County Reporter March 6, 1989.
The Mayor opened the public hearing regarding the sale of a paramedic
ambulance as surplus property at 7:22 p.m.
Presentation of staff reports, recommendations, and comments by: Fire
Chief Alan Carter
Presentation of written communications by the Clerk of the Council: None
There were no speakers on the matter.
The Mayor closed the public hearing at 7:23 p.m.
MOTION : l) Grant an exception in accordance with provisions of Article
V, Section 2-709 of the Santa Aha Municipal Code to permit
the sale of City property without the necessity for public
auction or competitive bidding.
2) Authorize the Purchasing Manager to negotiate the sale of a
ten-year-old surplus paramedic ambulance to the Orange County
Chapter of the American Red Cross.
MOTION: McGuigan SECOND: Pulido
VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido, Young
NOES: None
ABSENT: None FILE
710
77 MARCH 20, 1989
CITY COUNCIL MINUTES
75.B. CUP 88-005 - 1900 SOUTH MAIN STREET
Conditional Use Permit 88-005 would allow the off-site sale of beer and
wine at an existing grocery store at 1900 S. Main.
Recommended for denial by the Planning Commission on January 23, 1989 by
the following vote:
AYES:
NOES:
ABSENT:
Casteix, Uno, Miller, Spevacek, Sizemore
None
Godinez, Chavez-Gomez
The City Council set the matter for public hearing on February 6, 198g, by
unanimous vote with Griset absent.
Legal Notice mailed February 10, 1989.
The Mayor opened the public hearing regarding Conditional Use Permit 88-005
at 7:24 p.m.
Presentation of staff report, Planning Commission recommendation and staff
comments by: June Catalano, Executive Director of Planning and Building
Agency
Presentation of written communications by the Clerk of the Council: None
Manuel Pena, 209A W. Fourth St., spoke in favor of approving Conditional
Use Permit 88-005.
The Mayor closed the public hearing at 7:32 p.m.
MOTION:
Continue consideration of Conditional Use Permit 88-005 to May 15,
1989 pending development of a major remodeling plan for the
grocery store by the applicant.
MOTION: Young
VOTE: AYES:
NOES:
ABSENT:
SECOND: Pulido
Acosta, Griset, May, McGuigan, Pulido, Young
None
None FILE 625.15
RECESSED TO COb~4UNITY REDEVELOPMENT AGENCY - 7:48 P.M.
RECONVENED - 8:02 P.M. - All Councilmembers present.
COI~4ENTS
90.A. PUBLIC COMMENTS
Ramiro Fernandez, 809 S. Oak, requested a status report regarding the
construction of a concession stand at Jerome Park. Allen Doby, Executive
Director Recreation and Community Services, indicated the project was in
the design stage and would be completed by January, 1990.
CITY COUNCIL MINUTES
78
MARCH 20, 1989
Miles Leach, 2025 W. Tenth St., addressed the Council regarding the Air
Quality Management Plan indicating that air quality might be improved
through better street engineering and institution of smog reduction
measures on a world-wide basis.
90.C. CITY COUNCIL COMMENTS
In response to Mayor Pro Tem Acosta's questions as to whether the Dellside
bankruptcy {Odd Fellows Building) would result in any liability to the
City, Cindy Nelson, Executive Director Community Development Agency,
indicated that she thought the liability would revert to Mercury Savings
and Loan, but she would confirm that opinion.
Nelson also indicated a memo concerning the recent meeting of the Bristol
Project Area Committee would be forwarded to Council in a few days.
Councilmember McGuigan noted that her name had been misspelled on the
parking structure at Third and Birch Streets, and requested staff forward
a correction to the builder. She also requested staff investigate the use
of narrower plastic hose, a new fire protection technology for better
water pressure, and report to the Council.
RECESSED TO CLOSED SESSION - ROOM 147 - 8:15 P.M.
The Clerk of the Council indicated the Council was recessing to Closed
Session to continue discussion of the matters announced earlier in the
meeting, and that following discussion of those matters the Council would
recess to the Community Redevelopment Agency to meet in Closed Session
pursuant to Government Code Section 54956.9(c) regarding a decision to
initiate litigation.
R£CONVENED - COUNCIL CHAMBERS - 9:04 P.M. - All Councilmembers present.
70.A.
MOTION:
CLOSED SESSION REPORT
Authorize settlements as follows:
Jack Wright vs. City of Santa Ana {Worker's Compensation)
stipulation in the amount of $10,507.00.
Carlisle vs. City of Santa Ana in the amount of $175,000.00 with
a net of $120,000.00 to the City.
MOTION: Pulido SECOND: McGuigan
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Pulido, Young
None
None FILE 410.10
CITY COUNCIL MINUTES 79 I~ARCH 20, 1989
MOTION: Approve employment agreement with City Manager David N. Ream and
authorize execution by the Mayor and Clerk. (A-89-018)
MOTION: Griset SECOND: McGuigan
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Pulido, Young
None
None FILE 130
ADJOURNMENT - 9:06 P.M.
C~lnfce C. Guy /
erk of the Council
CITY COUNCIL MINUTES
8O
MARCH 20, 1989