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HomeMy WebLinkAbout12-19-1988 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER The meeting was called to order at 4:23 p.m. in Room 423, City Hall 20 Civic Center Plaza, by Mayor Dan Young. Councilmembers present were John Acosta, Daniel E. Griset, 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. COUNCIL STUDY SESSION Legislative Aide Jill Arthur provided Councilmembers with a draft action plan regarding conduct of the 1990 Census in Santa Ana. She explained the City would benefit monetarily from an increased population figure since many Federal and State funds are allocated on a population basis. She also indicated that Santa Aha had been chosen by the Census Bureau as a "Model City" for the 1990 Census, and that a temporary census office would be located in the City. Councilmember Pulido reported that he had met with John Ritter, Director of the Census for the State of California, regarding census procedures and that he (Councilmember Pulido) would be actively involved on the City's behalf to insure an accurate census count of Santa Aha residents. "A DECADE OF REALIZATION" The City Manager explained that the showing of the League of California Cities tape, "A Decade of Realization," would be deferred to a subsequent Council meeting due to insufficient time on the present agenda. OCTD 20-YEAR TRANSPORTATION PLAN Mayor Dan Young reported to the Council that the 20-Year Plan proposed by the Orange County Transportation Commission would become the binding legal authority for funding decisions should Orange County voters approve an additional half cent sales tax for transportation purposes at either the June or November, 1990 elections. He indicated he would be meeting on January 7, 1989 with members of the League's Super Committee on Transportation, and requested staff review the Transportation Plan before that date to ensure Santa Ana priority projects were included. The City Manager responded that staff would complete such a review and that the findings would be provided to the Council on January 3, 1989. CITY COUNCIL MINUTES 368 DECEMBER 19, 198B CONSENT CALENDAR REVIEW Councilmembers discussed concerns with respect to Consent Calendar Items. Mayor Pro Tem Acosta indicated that costs of the Change Order with respect to the Southwest Senior Citizens Center (Item 4.C.), in his opinion, should be the responsibility of the architect, and requested the City Attorney explore the possible recovery of damages. The Mayor Pro Tem also reviewed project particulars with respect to Item No. 12.A., and requested Council continue the matter to January 3, 1989 to permit the City Attorney to review the appropriateness of amending the agreement prior to completion of the project. On the City Attorney's recommendation, Councilmember Pulido indicated he would "ABSTAIN" on Item 12.C. due to a conflict of interest since he served on the Community Development Council Executive Board. RECESSED - 4:56 P.M. RECONVENED IN COUNCIL CHAMBERS - 5:10 P.M. - All Councilmembers present. PRESENTATIONS SERVICE AWARDS - MAYOR YOUNG Recognition for 20 years of service: Joyce Lawson Recreation Supervisor Recreation and Community Services Agency Gail Clark Police Sergeant Police Department FILE 120.35 CONSENT CALENDAR The Mayor announced the followin9 changes with respect to Consent Calendar Items: l) Continuation of Item No. 12.A. to January 3, 1989. 2) An abstention by Councilmember Pulido on Item No. 12.C. 3) Removal of Item 21.A. for separate action. MOTION: Approve Consent Calendar Items. MOTION: Acosta SECOND: McGuigan VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido, Young NOES: None ABSENT: None CITY COUNCIL MINUTES 369 DECEMBER 19, 1988 MINUTES MOTION: 1,B. 1.C. 1.D, Approve Minutes. Adjourned Regular Meeting of November 15, 1988 Regular Meeting of November 21, 1988 Adjourned Regular Meeting of November 22, 1988 Regular Meeting of December 5, 1988 BID CALLS/REQUESTS FOR PROPOSAL MOTION: Approve plans and specifications and authorize advertisement for bids. 2.Ao TRAFFIC SIGNAL INSTALLATIONS - STANDARD AVENUE AND ST. GERTRUDE, RAITT STREET AND ST. GERTRUDE PLACE - Public Works Agency. PROJ 1505 1497 SIDEWALK REPLACEMENT - VARIOUS ARTERIAL STREETS - Public Works Agency. PROJ 7857-D 7950 2oC. ALLEY IMPROVEMENTS - CITYWIDE - Public Works Agency. PROJ 7952/9147 2,8, STREET TREE REMOVAL {PHASE I) - MID-CITY NEIGHBORHOODS - Public Works Agency. PROJ 9143 2oEo WATER QUALITY MONITORING SERVICES - Public Works Agency. SPEC 88-041 MOTION: 2.F. Authorize request for proposals. SOCCER FACILITY DESIGN AND CONSTRUCTION DRAWINGS - CENTER PARK - Recreation and Community Services Agency/Public Works Agency. FILE 915 BID AWARDS MOTION: Award as recommended in Request for Council Action. PARKWAY TREE REMOVAL {PHASE I) - SANTA ANA VALLEY AND WESTSIDE NEIGHBORHOODS - To V & E Tree Service in the amount of $17,550.00 - Public Works Agency. PROJ 2152 TRAFFIC SIGNAL IMPROVEMENTS - BRISTOL STREET AND THE GARDEN GROVE FREEWAY WESTBOUND OFF-RAMP - To Macadee Electrical Construction in the amount of $13,870.00 - Public Works Agency. PROJ $079/1485 CITY COUNCIL MINUTES 370 DECEMBER 19, 1988 BUILDING IMPROVEMENTS - EL SALVADOR PARK COMMUNITY CENTER - TO Coast Roof Co., Inc., in the amount of $36,000,00 - Recreation and Community Services Agency/Public Works AGency. PROJ 6213E CHANGE ORDERS MOTION: Approve. STREET IMPROVEMENTS - CHESTNUT AVENUE - Chan§e Order No. 2, increasing in the amount of $10,241.73 (1.7% total). PROJ 2136 BUILDING CONSTRUCTION - SANTA ANA ZOO CONCESSION - Change Order No. 3, increasing original award by $5,379.00 (4.7% total). PROJ 8521A/6222 4,0, BUILDING CONSTRUCTION - SOUTHWEST SENIOR CITIZEN CENTER - Change Order No. 3, increasing original award by $3,792.00 (2.5% total). PROJ 7760 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS MOTION: Receive and file reports. 5,Ac NGUYEN, Adong and Ton - "Phc Call Restaurant" - 120 S. Harbor, #M & N, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. PHAM, Ngo and DO, Hoang - "Bolsa Liquor" - 5411W. First, Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. 5,0, KIEN, Tien X. - "Artist Restaurant" - 414 N. Euclid, Person-to-person transfer, type 41 On-sale beer and wine, eating place. Police: No protest. Planning: No action required. public YO0, Hong and LYU, Chung - "Hank's Mini Mkt." - 2406 W. Edinger, Person-to- person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. PAIK, I1 - "Kettle Liquor" - 1314 N. Grand, Person-to-person transfer, type 21 Off-sale general. Police: No protest. Planning: No action required. CITY COUNCIL MINUTES 371 DECEMBER 19, 1988 BoG. 5oEo YOON, Sung - "2-4-1 Pizza" - 410 N. Bristol, Droppin§ partner off type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. THE VONS COMPANIES, INC. - "Vons" - 230 N. Harbor, Stock transfer, type 21 Off-sale general. Police: No protest. Planning: No action required. THE VONS COMPANIES, INC. - "Vons" - 3861 S. transfer, type 21 Off-sale general. Police: No protest. Planning: No action required. Bristol, Stock PARK, Seung Jae -"One More Pizza" - 410 N. Bristol, #B, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. NOH, Mi and PARK, Duk - "Seoul House" - 1200 W. Warner, #C, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. SANCHEZ, Maria and Salvador - "El Puerto" - 1327 E. First, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. FROMM & SICHELL, INC. - "The Christian Brothers Sales Co." - 2740 S. Harbor, #A, Original, type 27 California Winegrowers Agent. Police: No protest. Planning: No action required: FILE 405 CONDITIONAL USE PERMITS/VARIANCES MOTION: Approve and file Negative Declarations or Notices of Exemption as appropriate and Findings of Fact. 8oAo CUP NO. 88-6 - Filed by Phillip L. Bush to allow the construction of a 14-unit townhouse project at 1004-1008 N. Parton in the P District. (See also Item 9.B.) Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. FILE 625.15 8oB. CUP NO. 88-30 - Filed by Templo Calvario to permit a food distribution facility at 2601 W. Fifth Street in the M1 District. Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. FILE 625.15 CITY COUNCIL MINUTES 372 DECEMBER 19, 1988 8,8, VA NO. 88-20 - Filed by McDonnell Douglas Corporation to allow a sign on the mechanical equipment parapet above the top of the building and two signs above the first floor level on the sides of the building located at 1801 E. St. Andrew Place in the M1 District. Staff recommendation: APPROVAL. Planning Con)nission action: APPROVAL. FILE 625.45 VA NO. 88-24 - Filed by Whitestone Properties to allow a 24.2% (97 spaces) parking reduction for a proposed development located at lO01 N. Broadway in the P District. Staff recommendation: DENIAL. Planning Commission action: DENIAL. FILE 625.45 8.E. See Item 75.B. (See Minutes page 384.) TENTATIVE PARCEL/TRACT MAPS MOTION: Approve and file Negative Declarations; find that the proposed subdivision and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in Planning Director's reports. PARCEL MAP NO. 87-449 - Filed by Civic Center Business Park to subdivide 4.31 acres of land into two lots at 511 N. Fairview Avenue to be used for two office/warehouse structures and a church. Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. FILE 625.25 9oBo TRACT MAP NO. 13543 - Filed by Phillip L. Bush to consolidate a .473 acre parcel into one lot to be used for a 14-unit townhouse project at 1004-1008 N. Parton and 704-711 W. Tenth Street in the P District. Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. FILE 625.30 (See Item 8.A.) 9.C. See Item 75.B. {See Minutes page 384.) FINAL PARCEL/TRACT MAPS MOTION: Release performance, monument, labor and materials bonds in accordance with the subdivision agreement. IO.A. TRACT MAP NO. 11085 - Southeast corner Santa Aha Boulevard and Lacy Street - Completion of improvements required for subject tract. FILE 625.30 CITY COUNCIL MINUTES 373 DECEMBER 19, 1988 AGREEMENTS MOTION: Continue to January 3, 1989. 12.A. AGREEMENT NO. A-88-110 - BETWEEN THE CITY OF SANTA ANA AND VAN DELL & ASSOCIATES - Amendment to agreement for design of First Street medians for an additional amount of ~18,417.00 - Public Works Agency. FILE 1040 MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.B. AGREEMENT NO. A-88-122 - BETWEEN THE CITY OF SANTA ANA AND PARSONS, BRINCKERHOFF, QUADE & DOUGLAS, INC. - For 'professional engineering services for the Alton and McGaw overcrossing studies in the amount of $90,944.00 - Public Works Agency. FILE 1025 12.C. AGREEMENT NO. A-88-123 - BETWEEN THE CITY OF SANTA ANA AND THE OP~ANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL - To continue tenant assistance services through June 30, 1989, at increased costs of $24,000.00 - Community Development Agency. (COUNCILMEMBER PULIDO REGISTERED AN ABSTENTION.) FILE 610.05 625.40 12.D. AGREEMENT NO. A-88-124 - BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE AND DIGITAL EQUIPMENT CORPORATION (DEC) - For the lease-purchase of DEC products at a discounted rate through March 14, 1989 - Police/Fire Departments. FILE 710 715 12.E-H. See Items 35.A., 35.B., 60.A. {See Minutes pages 379-381.) BOARDS/COMMISSIONS/COMMITTEES 13.A. RESIGNATIONS Susan Tully, at-large representative to the Uniform Code Appeals Board, on November 30, 1988, by telephone, due to her relocation out of the City. FILE 110.16 MOTION: Accept with regret; direct Clerk to post vacancy; authorize preparation of appropriate recognition for service to the City. 13.B. APPOINTMENTS MOTION: Appoint. Nicholas J. D'Antoni, 3088 Platte Drive, Costa Mesa, as the Rancho Santiago Community College representative to the Community Cable Citizens Board for a partial term expiring November 30, 1990. (Replacing Peachy) FILE 110.15 CITY COUNCIL MINUTES 374 DECEMBER 19, 1988 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from November 14, 1988 to December 9, 1988. FILE 415 CLERK OF THE COUNCIL REPORT MOTION: Instruct Clerk to enter into the Minutes. 15.A. Pursuant to Government Code Section 54955, the adjournment of the December 5, 1988, Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on December 3, 1988. REPORTS TO FILE MOTION: Receive and file reports. 16.A. ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 1988 FILE 310.25 16.B. MONTHLY REPORT OF INVESTMENTS AS OF OCTOBER 31, 1988 FILE 310.25 HEARINGS AND RELATED ACTIVITIES 18.A. ABANDONMENT NO. 86-A3 HEARING - JANUARY 3, 1989 MOTION: Adopt resolution. RESOLUTION NO. 88-85 - A Resolution of the City Council of the City of Santa Ana Declaring its Intention to Vacate Olive Street Between Third Street and Santa Ana Boulevard and an East-West' Alley to the West Thereof, Setting a Public Hearing Thereon, and Directing Notice Thereof to be Posted and Published. FILE 1040.20 18.B. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MOTION: Adopt; and approve. Proposed hearing officer decision; and the issuance of a Certificate of Public Convenience and Necessity to FHP, Inc. FILE 435.05.05 CITY COUNCIL MINUTES 375 DECEMBER 19, 1988 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS 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. FIRE AND SAFETY STANDARDS FOR HIGH RISE BUILDINGS - Removed for separate action. (See Minutes page 378.) MOTION: Place ordinances on second reading and adopt. 21.B. AMENDMENT APPLICATION NO. lOlO (Placed on first reading on November 15, 1988, by unanimous vote with Acosta, Hart, and McGuigan absent.) ORDINANCE NO. NS-1982 - An Ordinance of the City of Santa Aha Rezoning Certain Property Located at 5118 West Fifth Street from the A1 (General Agricultural) District to the R2 (Two-Family Residential) District. FILE 625.05 2).C. AMENDMENT APPLICATION NO. lO12 - SPECIFIC DEVELOPMENT PLAN NO. 47 (Placed on first reading on November 21, 1988, by unanimous vote with Hart absent.) ORDINANCE NO. NS-1983 - An Ordinance of the City of Santa Ana Rezoning Certain Property Located at 614 E. Santa Aha Boulevard from the R3 (Multiple Family Residence) District to the SD (Specific Development) District and Adopting Specific Development Plan No. 47. FILE 625.05 21.D. BOARD OF TRUSTEES - BOWERS MUSEUM (Placed on first reading on November 21, 1988, by unanimous vote.} ORDINANCE NO. NS-1984 - An Ordinance of the City of Santa Aha Repealing Sections 2-550, 2-551, 2-552, 2-554, 2-555, 2-556, 2-557, and 2-558 Relating to the Board of Museum Trustees and the Bowers Museum. FILE 215 21.E. COMPENSATION FOR BOARDS AND COMMISSIONS Placed on first reading on November 21, 1988, by unanimous vote with McGuigan abstaining.) ORDINANCE NO. NS-1985 - An Ordinance of the City of Santa Ana Amending the Santa Aha Municipal Code by Adding Section 2-325 Setting the Level of Compensation for Boards and Commissions of the City of Santa Ana. FILE llO CITY COUNCIL MINUTES 376 DECEMBER 19, 19B8 21.F. SIGN REGULATIONS FOR THE DOWNTOWN AREA 21 .G. 21 .H. 21 .I. 2l .J. 21 .K. {Placed on first reading on November 21, 1988, by unanimous vote. ORDINANCE NO. NS-1986 - An Ordinance of the City of Santa Aha Adding Sections 41-865.5, 41-869.5, 41-870.5 and 41-1001.5 and Division 7 to Article XI of Chapter 41 of the Santa Ana Municipal Code to Regulate On-Premise Commercial Advertising Displays in the Downtown District. FILE 625.55.25 DOG REGULATION IN PARKS (Placed on first reading on November 21, 1988, by unanimous vote. ORDINANCE NO. NS-1987 - An Ordinance of the City of Santa Aha Adding Section 31-2.2{e) and Section 31-2.2(f) to the Santa Ana Municipal Code Pertaining to Dogs on Park Property. FILE 915 PARAMEDIC SUBSCRIPTION PROGRAM (Placed on first reading on November 21, 1988, by unanimous vote. ORDINANCE NO. NS-1988 - An Ordinance of the City of Santa Aha Amending Section 14-90 of the Santa Ana Municipal Code to Provide for a Subscription System for Paramedic Services. FILE 710.10 AMENDMENT APPLICATION NO. lO13 - APPEAL APPLICATION NO. 88-5 - VA NO. 88-19 (Placed on first reading on November 21, 1988, with May dissenting and Hart absent.) ORDINANCE NO. NS-1989 - An Ordinance of the City of Santa Ana Rezoning Certain Property Located at 2402 South Bristol Street from the C4 (Planned Shopping Center) District to the C2 (General Commercial) District. FILE 625.05' 625.45 AMENDMENT APPLICATION NO. 1007 - VA NO. 88-10 (Placed on first reading on November 21, 1988, by unanimous vote with Hart absent.) ORDINANCE NO. NS-1990 - An Ordinance of the City of Santa Ana Rezoning Certain Property Located at 2015 South Sycamore Street from the R2 (Two-Family Residence) District to the R2B (Two-Family Residence - B Suffix (Parking Modification)) District. FILE 625.05 625.45 CALL FOR APRIL 4, 1989 SPECIAL MUNICIPAL ELECTION {Placed on first reading on November 22, 1988, by unanimous vote with Hart absent.) CITY COUNCIL MINUTES 377 DECEMBER 19, 1988 MOTION: 21.L. ORDINANCE NO. NS-1991 - An Ordinance of the City of Santa Aha Calling for a Special Election to be held in the City of Santa Ana to Fill a Vacancy in the Office of Counctlmember from Ward 6. FILE 145 Adopt resolution. APPEAL APPLICATION NO. 88-4 - CUP NO. 87-16 (Confirms Council action of November 21, 1988, by unanimous vote with Hart absent.) RESOLUTION NO. 88-86 - A Resolution of the City Council of the City of Santa Aha Denying Conditional Use Permit Application No. 87-16, Seeking to Allow a Buddhist Temple on Property Located at 5009 West Fifth Street. FILE 625.15.05 *****END OF CONSENT CALENDAR***** ORDINANCE SECOND READING 21.A. FIRE AND SAFETY STANDARDS FOR HIGH RISE BUILDINGS MOTION; Continue second reading and adoption of ordinance to January 17, 1989. ORDINANCE NO. NS-1981 - An Ordinance of the City of Santa Ana Amending Section 14-30 and Adding Section 8-182 to the Santa Aha Municipal Code to Require Automatic Sprinkler Systems and to Set Requirements for Stair Shaft Ventilation in Existing High Rise Buildings. MOTION: Acosta SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 710 6O5 ORDINANCES 25.A. INDOOR SWAP MEET, BULK MERCHANDISE, AND HOME IMPROVEMENT WAREHOUSE REGULATION MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-1992 - An Ordinance of the City of Santa Aha Amending Section 41-442.5 of the Santa Ana Municipal Code to Require a Conditional Use Permit for Indoor Swap Meets, Bulk Merchandise Stores, and Home Improvement Warehouse Stores in the CR (Commercial Residential) Use District. CITY COUNCIL MINUTES 378 DECEMBER 19, 1988 25.B. MOTION: 25.C. MOTION: 25.D MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: Absent: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 625.55 CUP'S - C4 DISTRICT Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-1993 - An Ordinance of the City of Santa Aha Amending Section 41-412.5 of the Santa Aha Municipal Code to Restore Drive-Through Eating Establishments to the List of Conditionally Permitted Uses in the C4 Use District. MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 625.55 ALCOHOLIC BEVERAGE REGULATION Amend Section 2.C. of proposed ordinance to read: "41-643" in place of "61-643," place ordinance on first reading, and authorize publication of title. ORDINANCE NO. NS-1994 - An Ordinance of the City of Santa Aha Amending Sections 41-196 and 41-645.5 of the Santa Aha Municipal Code to Require a Conditional Use Permit for the Sale of Alcoholic Beverages in All Restaurants, Markets and Theaters. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 625.55' See Item 75.8 (See Minutes page 384.) RESOLUTIONS 35.A. FAU FUNDS - MacARTHUR BOULEVARD MOTION: Adopt resolution. RESOLUTION NO. 88-87 - A Resolution of the City Council of the City of Santa Ana Approving Program Supplemental No. 040 to Local Agency - State Agreement for Federal-Aid Projects No. 12-5063 (A-88-124A). Item 12.E. (PROJ 1491) FILE 1040 CITY COUNCIL MINUTES 379 DECEMBER 19, 1988 35.B. MOTION: 35.C. MOTION: MOTION: Acosta SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 1040 FAU FUNDS - TRAFFIC SIGNAL MODIFICATIONS Adopt resolution. RESOLUTION NO. 88-88 - A Resolution of the City Council of the City of Santa Ana Authorizing Execution of Supplement O19-REV.1 to Local Agency/State Agreement No. 07-5063 for Federal-Aid Safety Funding of Project NES-HHS-OOOS(054)) {A-88-12§). See Item 12.F. (PROJ 5087/8429) MOTIDN: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 1037 POSITION CLASSIFICATION - ASSISTANT CITY MANAGER Adopt resolution. RESOLUTION NO. 88-89 - A Resolution of the City Council of the City of Santa Aha Amending Resolution No. 87-95 to add the New Exempt Executive Management Class of Assistant City Manager. MOTION: Pulido SECOND: Griset VOTE: AYES: NOES: ABSENT: 35.D. See Item 60,A. Acosta, Griset, May, McGuigan, Puli do, Young None None FILE 505 130 APPROPRIATION ADJUSTMENTS/COMBINED ITEMS 60.A. DISTRIBUTION AND SALE OF GREEN ACRES PROJECT WATER MOTION: l) Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT NO. A-88-127 - BETWEEN THE CITY OF SANTA ANA AND THE ORANGE COUNTY WATER DISTRICT - For the distribution and sale of Green Acres Project Water. Item 12.G. 2) Adopt Resolution. RESOLUTION NO. 88-90 - A Resolution of the City Council of the City of Santa Ana authorizing Use of Reclaimed Water for Landscape Irrigation. Item 35.D. CITY COUNCIL MINUTES 380 DECEMBER 19, 1988 3) Authorize the City Attorney to prepare and "End User" agreement to be used between City, as Retailer, and private users (A-88-128-MASTER). Item 12.H. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGu~gan, Pulido, Young None None FILE 850.10 COUNCIL AGENDA ITEMS 65.A. PRIVATE INDUSTRY COUNCIL OF SANTA ANA APPOINTMENTS MOTION: l) Appoint the following as Private Sector representatives: Richard Kopel, Secretary/Treas. Case Swayne, Co., Inc. Santa Aha Larry Ball, Manager Merchants & Manufacturing Assoc. Santa Aha Jim Cradduck, Vice Pres., Marketing Infotec Santa Ana MOTION: Pultdo SECOND: May VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido, Young NOES: None FILE llO.15 ABSENT: None 510.05 MOTION: 2) Appoint Mark Adams, Vice President, United Auto Workers as the Organized Labor representative to the Private Industry Council. MOTION: Griset SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Griset, McGuigan, Young Acosta, May, Pulido None Motion failed. MOTION: Appoint Robert Balgenorth, Executive Secretary, Building and Construction Trades Council of Orange County as the Organized Labor representative to the Private Industry Council. MOTION: May SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None FILE llO.15 None 510.05 CITY COUNCIL MINUTES 3B1 DECEMBER 19, 1988 MOTION: MOTION: 4) 65.B. MOTION: Reappoint both of the following as Special Interest Group representatives. Kathy Lusk Secretary Economic Development Corporation Dawn Johnson Associate Orange County Mental Health Association Appoint Rudy Castruita, Superintendent, Santa Ana Unified School District, as the Secondary School Education representative to the Private Industry Council. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE llO.15 5lO.OS SENIOR CITIZENS ADVISORY COUNCIL RECOMMENDATION Recommend appointment. Marcella Surowic, recommended by MAYOR PRO TEM ACOSTA, to the County of Orange Senior Citizens Advisory Council. MOTION: Acosta SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE llO.15 PUBLIC HEARINGS 75.A. APPEAL APPLICATION NO. 88-6 - CUP NO. 88-24 - VA NO. 88-21 Filed by Chevron U.S.A., Incorporated to appeal the condition required by the Planning Commission to require the removal of an existing legal non-conforming 35-foot sign at 2120 E. McFadden. The project involves Conditional Use Permit No. 88-4 to allow the conversion of an existing building to a convenience store and Variance No. 88-21 to allow a 12-foot high freestanding sign. Recommended for approval with conditions by the Planning Commission on October 24, 1988, by the following vote: AYES: NOES: ABSENT: Godinez, Casteix, Uno, Chavez-Gomez, Sizemore Miller Spevacek Legal Notice mailed December 9, 1988. CITY COUNCIL MINUTES 382 DECEMBER 19, 1988 The Mayor opened the public hearing at 5:24 p.m. regarding Appeal Application No. 88-6, CUP No. 88-24 and Variance No. 88-21. Presentation of Staff report, Planning Commission recommendation and staff comments by: Ken Adams, Assistant Planning Director Presentation of written communications by the Clerk of the Council: None Jerry Holmquist, representing Chevron spoke in favor of Appeal Application No. 88-6. There were no other speakers on the matter. The Mayor closed the public hearing at 5:32 p.m. MOTION: Approve and file Negative Declaration and the Findings of Fact on Variance No. 88-21, and instruct City Attorney to prepare a resolution denying Appeal Application No. 88-6, approving CUP No. 88-24 and affirming the decision of the Planning Commission denying Appeal Application No. 88-6. MOTION: Griset SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 625.15.05 625.45 75.B. AMENDMENT APPLICATION NO. lO15 - CUP NO. 88-25 - TRACT MAP NO. 13723 Filed by Gerald Golob to rezone property located at 510 S. Euclid Street from the R1 (Single-Family Residence) to the R1-PRD (Single-Family Residence - Planned Residential Development) District. Conditional Use Permit No. 88-25 would permit the construction of six single-family detached townhomes in a Planned Residential District. Tract Map No. 13723 would allow the applicant to consolidate three parcels into one 39,006 square foot lot. Recommended for approval by the Planning Commission On November 14, 1988, by the following vote: AYES: NOES: ABSENT: Godinez, Casteix, Uno, Chavez-Gomez, Miller None Spevacek, Sizemore Legal Notice published in the Register and mailed December 9, 1988. The Mayor opened the public hearing at 5:33 p.m. regarding Amendment Application No. 1D15, CUP No. 88-25 and Tract Map No. 13723. Presentation of Staff report, Planning Commission recommendation and staff Comments by: Lynnette Perry, Planning Technician. Presentation of written communications by the Clerk of the Council: None CITY COUNCIL MINUTES 383 DECEMBER 19, 1988 There were no speakers on the matter. Gerald Golob responded to Counctlmember McGutgan's questions regarding the exterior wall surrounding the project, The Mayor closed the public hearing at 5:39 p.m. MOTION: l) Approve and file Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NO. NS-1995 - An Ordinance of the City of Santa Ana Rezoning Certain Property Located at 510 South Euclid Street from the R1 (Single-Family Residence) District to the R1-PRD (Single-Family Residence -- Planned Residential Development) District. Item 25.D. 2) Approve and file Negative Declaration and Findings of Fact. CUP NO. 88-25 - Filed by Gerald Golob to allow the construction of six single-family detached townhomes at 510 South Euclid Street in a Planned Residential District. Item 8.E. Staff recommendation: APPROVAL. Planning Conmnission action: APPROVAL. 3) Approve and file Negative Declaration; find that the proposed subdivision and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in Planning Director's reports. ITEM 9.C. TENTATIVE TRACT MAP NO. 13723 - Filed by Gerald Golob to consolidate three parcels into one 39,006 square foot lot at 510~'Euclid Street to permit the construction of six single-family detached townhomes in a Planned Residential District. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 625.05 625.15 625.30 RECESSED TO THE HOUSING AUTHORITY - 5:40 P.M. RECONVENED AND RECESSED TO CLOSED SESSION - 5:41 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 COUNCIL MINUTES 384 DECEMBER 19, 1988 Smith vs. the City of Santa Aha City of Santa Aha vs. Lux Livery (Bankruptcy Case) Sianez vs. City of Santa Ana (Worker's Compensation) Marchetti vs. City of Santa Ana (Worker's Compensation) Luani vs. City of Santa Aha (Worker's Compensation) Garcia vs. City of Santa Ana (Worker's Compensation); and litigation identification of which would jeopardize the City's ability to conclude existing settlement negotiations to its advantage; pursuant to Government Code Section 54956.9(b)(1) regarding pending litigation of significant exposure; pursuant to Government Code Section 54956.9(c) regarding a decision to initiate litigation; and pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters. RECONVENED IN COUNCIL CHAMBERS - 7:04 P.M. - All Councilmembers present. CLOSED SESSION REPORT MOTION: Authorize settlement as follows: Leon vs. City of Santa Aha, City Attorney File M86-24, in the amount of $17,500.00. Claim No. 88-131, Castillo vs. City of Santa Aha, in the amount of $13,000.00. Claim No. 88-069, Nestor Colombo vs. City of Santa Aha, in the amount of $35,000.00. City of Santa Aha vs. Lux Livery in the amount of $16,000.00. Sianez vs. City of Santa Ana (Worker's Compensation) in the amount of $10,000.00 to settle all issues including life-time medical. (MAYOR PRO TEM ACOSTA REGISTERED AN ABSTENTION) Marchetti vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $14,887.00. Luani vs. City of Santa Aha (Worker's Compensation), stipulation in the amount of $6,475.00. Garcia vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $31,605.00. MOTION: Pulido SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 1040 CITY COUNCIL MINUTES 385 DECEMBER 19, 1988 CO(~4ENTS 90.A. PUBLIC COMMENTS Dr. Ines Cilliani, 406 S. Main Street, requested the Council review the conditions imposed by the Public Works Agency relative to a project she was proposing at the above address, and provided each of the Councilmembers with a file documenting dedications by previous owners of the property. Mayor Pro Tem Acosta requested staff investigate, in particular, the requirmnents of a third dedication by the City. The Mayor referred the matter to the City Manager for review and recommendation. RECESSED TO DINNER - 7:14 P.M. - Antonello's Ristorante, 3800 So. Plaza Drive ADJOURNED - 10:50 P.M. rk of the Council CITY COUNCIL MII~UTES 386 DECEMBER 19, 1988