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HomeMy WebLinkAbout01-17-1989 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF llJE CITY 0~' SANTA ANA, CALIFORNIA JANUARY 17, 1989 The meeting was called to order at 4:15 p.m. in Room 423, City Hall, 20 Civic Center Plaza, by Mayor Pro Tem John 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. Councilmember Daniel E. Griset joined the meeting at 4:55 p.m. Mayor Dan Young was absent. SPECIAL PRESENTATION Mayor Pro Tem Acosta, assisted by Ellen Ward, Recreation Superintendent, presented certificates of recognition to the following persons for their participation in employee activities: Patricia A. McGuigan, Hawaiian Holiday Picnic David Ream, Hawaiian Holiday Picnic David Grosse, Hawaiian Holiday Picnic John Burkhardt, Hawaiian Holiday Picnic A1 Bailey, Hawaiian Holiday Picnic Roger Kooi, Hawaiian Holiday Picnic Lori Page, Hawaiian Holiday Picnic John (Rip) Ribble, Hawaiian Holiday Picnic Bob Hoffman, Halloween Party Roger Kooi, Employee Talent Show Rob Richardson, Employee Talent Show Mary Castillo, Employee Talent Show Charlie Shaw, Manager's Chili Lunch COUNCIL STUDY SESSION "A DECADE OF REALIZATION" Councilmember McGuigan introduced a video tape which delineated the achievements of the League of California Cities during the 1980's. Following the airing of the tape Councilmember McGuigan noted that she had recently been appointed to a Growth Task Force composed of twenty-four representatives from various California cities whose purpose would be to study growth management from a statewide perspective. CONSENT CALENDAR REVIEW Councilmembers discussed concerns with respect to Consent Calendar Items. CITY COUNCIL MINUTES 13 JANUARY 17, 1989 RECESSED - 4:50 p,m. RECONVENED IN COUNCIL CHAMBERS - 5:06 p.m. - All ~ouncilmembers present excep% MayoF Young. PRESENTATIONS SERVICE AWARDS - MAYOR PRO TEM ACOSTA Recognition for 25 years of service: James Davis Police Lieutenant Police Department Recognition for 20 years of service: Terry Butner General Maintenance Worker Recreation and Community Services Agency Arlene Bergmann Senior Accounting Assistant Recreation and Community Services Agency Juventino Ruiz Maintenance Worker I Public Works Agency Ralph Apodaca Equipment Operator Public Works Agency Kenneth Smith Police Officer Police Department Juan Borja Police Officer Police Department FILE 120.35 CONSENT CALENDAR Mayor Pro Tem Acosta announced the following changes to the Consent Calendar: l) Continuation of Item 12.C. to February 6, 1989. 2) Registration of an abstention on Item 14.A. by Councilmember McGuigan. 3) Removal of Items 21.A. and 21.C. for separate discussion and action. CITY COUNCIL MINUTES )4 JANUARY 17, 1989 MOTION: Approve the following Consent Calendar items: MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Young MINUTES MOTION: 1.A. 1.B. Approve Minutes. Regular Meeting of December 19, 1988 Regular Meeting of January 3, 198g BID C~LS/~EQUESTS FOR PROPOSALS MOTION: Approve plans and specifications and authorize advertisement for bids. 2.A. MOBILE AISLE SHELVING - Police Department. SPEC 88-036 2.B. STREET IMPROVEMENTS - 220 N. TUSTIN AVENUE- Public Works Agency. PROJ 1498 2.C. See Item 60.B.2. AGREEMENTS MOTION: Continue to February 6, 1989. 12.A. AGREEMENT A-88-110 - BETWEEN THE CITY OF SANTA ANA AND VAN DELL & ASSOCIATES - Amendment to agreement for design of First Street medians limiting the scope of the project and reducing the contract by $20,500.00 - Public Works Agency. FILE 1040 MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. 12.B. AGREEMENT A-89-003 - BETWEEN THE CITY OF SANTA ANA AND HOPKINS DEVELOPMENT COMPANY - Amendment to the agreement for storm drain construction in Harbor Boulevard to accelerate construction start date - Public Works Agency. FILE 840 CITY COUNCIL MINUTES 15 JANUARY 17, 1989 BOARDS/COMMISSIONS/COMMITTEES 13.A. NOMINATIONS MOTION: Set for consideration at next regularly scheduled meeting. Kathryn J. Badon, 1645 W. Wisteria Place, nominated by COUNCILMEMBER McGUIGAN, as Ward 1 representative to the Library Board. (Replacing Quirk) FILE llO.15 13.B. APPOINTMENTS MOTION: Appoint. 13.B.1. Ronald H. Heike, lOlO W. Santa Clara, recommended for nomination by MAYOR PRO TEM ACOSTA, as Ward 3 representative to the Human Relations Commission, for a first full term to expire November 30, 1992. (Replacing Tapia) FILE llO.15 13.B.2. Ken Mitchell, 206 S. Sullivan Street, #64, recommended for nomination by COUNCILMEMBER McGUIGAN, as Ward 1 representative to the Human Relations Commission for a first full term expiring November 30, 1992. (Replacing Raugi) FILE llO.15 13.B.3. Pat Heike, lOlO W. Santa Clara, recommended for nomination by MAYOR PRO TEM ACOSTA, as Ward 3 representative to the Library Board for a first full term to expire November 30, 1992. (Replacing Niedringhaus) FILE llO.15 13.B.4. John M. Raya, 4618 W. Hollyline, recommended for nomination by MAYOR PRO TEM ACOSTA, to the Uniform Code Appeals Board for a first full term to expire November 30, 1992. (Replacing Bade) FILE llO.15 MOTION: 14.A. UNINVESTIGAT£D LIABILITY CLAIMS Refer to administration. Claims received from December 26, 1988 to January 6, 1989. ICOUNCILMEMBER McGUIGAN REGISTERED AN ABSTENTION.) FILE 415 CLERK OF ll4E COUNCIL REPORT MOTION: Instruct Clerk to enter into the Minutes. 15.A. Pursuant to Government Code Section 54954.2, the January 3, 1989, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:30 a.m. on December 29, 1988. CITY COUNCIL MINUTES 16 JANUARY 17, 1989 APPEAL HEARING MOTION: Authorize. 18.A. Appointment and pajanent of a hearing officer to consider the appeal of Nick O'Malley regarding the abatement of a public nuisance at 607 E. Washington. FILE 402.20 135.05 NON-CATEGORY SPECIFIC ITEMS 19.A. SELECTION OF DEVELOPER MOTION: Approve. Selection of David A. Barrow and Laura L. Yoder as developers for the purchase and rehabilitation of 506 S. Birch Street (William Crane House) and the granting of an exclusive right to negotiate to said developers. FILE 205 ORDINANCES SECOND READING 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. 2l .A. FIRE AND SAFETY STANDARDS FOR HIGH RISE BUILDINGS - Removed for separate action. (See Minutes page 18.) MOTION: Place ordinances on second reading and adopt. 21 .B. INDOOR SWAP MEET, BULK MERCHANDISE, AND HOME IMPROVEMENT WAREHOUSE REGULATION (Placed on first reading on December 19, 1988, by unanimous vote. ORDINANCE NS-1992 - An Ordinance of the City of Santa Aha Amending Section 41-442.5 of the Santa Aha 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. FILE 625.55 21 .C. ALCOHOLIC BEVERAGE REGULATION - Removed for separate action. (See Minutes page 18.) CITY COUNCIL MINUTES 17 JANUARY 17, 1989 21.D, AMENDMENT APPLICATION lO17 - SD PLAN 48 {Placed on first reading on January 3, 1989, by unanimous vote with Griset absent.) ORDINANCE NS-19g7 - An Ordinance of the City of Santa Ana Rezoning Certai? Property L~cated at 3800 South Plaza Drive from the CR (Commercial Residential) and R1 {Single-Family Residential) Districts to the SD {Specific Development) District and Adopting Specific Development Plan No. 48. FILE 625.05 *****END OF CONSENT CALENDAR***** BUSINESS SESSION ORDINANCE SECOND READING 21.A. FIRE AND SAFETY STANDARDS FOR HIGH RISE BUILDINGS MOTION: Continue second reading and adoption of ordinance to February 6, 1989. ORDINANCE NS-1981 - An Ordinance of the City of Santa Aha 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: Griset SECOND: Pulido 21 .C. VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Young FILE 710 605 ALCOHOLIC BEVERAGE REGULATION MOTION: Set for Workstudy Session on February 6, 1989. ORDINANCE NS-1994 - An Ordinance of the City of Santa Aha Amending Sections 41-196 and 41-645.5 of the Santa Ana Municipal Code to Require a Conditional Use Permit for the Sale of Alcoholic Beverages in All Restaurants, Markets and Theaters. VOTE: None, by order of the Chair. FILE 625.55 ORDINANCES 25.A. See Item 60.B.1. CITY COUNCIL MINUTES 18 JANUARY 17, 1989 RESOLUTIONS 35.^. MOTION: 35.B. MOTION: 35.C.-D. See Items 60.B.1. GANG VIOLENCE SUPPRESSION FUNDING Adopt resolution. RESOLUTION 89-7 - A Resolution of the City Council of the City of Santa Aha Approving Request for Gang Violence Suppression Grant Funds. MOTION: McGuigan SECOND: May VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Young FILE 715 SANTA AMA REGISTER OF HISTORIC PROPERTY - HEWITT HOUSE Adopt resolution. RESOLUTION 89-8 - A Resolution of the City Council of the City of Santa Aha Designating a Certain Building as Historical Property for Inclusion in the City of Santa Ana Register of ~istorfc Property (g30 South Broadway). MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Young FILE 205 and 75.A APPROPRIATION ADJUSTMENTS/COMBINED ITEMS 60.A. APPROPRIATION ADJUSTMENTS 108 AND 109 - FIRE STATIONS 5 AND g. MOTION: Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 108 - Transferring $20,000.00 from account #51-331-621-Public Safety Building/Parking Facility to account #S1-322-621-Fire Station Construction Fund. APPROPRIATION ADJUSTMENT 109 - Transferring $30,000.00 from account #S1-331-621-Public Safety Building/Parking Facility to account #S1-322-621-Fire Station Construction Fund. MOTION: Pulido SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young FILE 310.05 710 CITY COUNCIL MINUTES 19 JANUARY 17, 1989 60.B. PARKING METER PROGRAM MOTION: l) Place ordinance on first reading and authorize publication of title. 60.8.l. ORDINANCE NS-1996 - An Ordinance of the City of Santa Ana Amending Sections 36-2, 36-398, 36-403, 36-405, and 36-¢13 of the Santa Aha Municipal Code and Repealing Section 36-399, to Revise the City's Parking Meter Regulations and Establish the Downtown Parking Meter Zone. (Item 25.A.) FILE 625.55.15 1030 Adopt resolution. RESOLUTION 89-5 - A Resolution of the City Council of the City of Santa Aha Authorizing the Installation of Parking Meters in the Municipal Public Parking Lot Located on the North Side of Third Street east of Bush Street. {Item 35.C.) FILE 1030 60.B.2. 3) Approve plans and specifications and authorize advertisement for bids. PARKING METERS AND RELATED COLLECTION EQUIPMENT - Community Development Agency. {Item 2.C.) MOTION: May SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young SPEC 89-011 Councilmember McGuigan encouraged staff to notify all businesses affected by the impending parking meter program in advance of meter installation. COUNCIL AGENDA IT£M$ 65.A. ACTING MAYOR PRO TEM MOTION: Approve acting Mayor Pro Tem appointment list as follows: Ron May Miguel A. Pulido Daniel E. Griset Patricia A. MeGuigan MOTION: Pulido SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young FILE 120 CITY COUNCIL MINUTES 20 JANUARY 17, 1989 RECESSED TO CLOSED SESSION - ROOM 147 - 5:27 P.M. The Clerk of the Council announced tile 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: Morales vs. City of Santa Ana Sepeda vs. City of Santa Ana (Worker's Compensation) Rockman vs. City of Santa Ana (Worker's Compensation) Morgan vs. City of Santa Ana (Worker's Compensation) Hurich vs. City of Santa Ana (Worker's Compensation); and pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters. The Clerk also announced that following consideration by the City Council of Closed Session items, the Council would convene as the Redevelopment Agency, and meet in Closed Session with its legal counsel pursuant to Government Code Section 54956.9{a) regarding pending litigation which had been initiated formally, and to which the Redevelopment Agency was a party, to wit: Community Redevelopment Agency vs. DeCrona, et al. RECONVENED IN COUNCIL CHAMBERS - 5:54 P.M. - All Councilmembers present except Mayor Young. 70.A. MOTION: CLOSED SESSION REPORT - COUNCIL CHA&4BERS l) Authorize settlements as follows: Hurich vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $8,522.50. Morgan vs. City of Santa Ana (Worker's Compensation), compromise and release in the amount of $15,000.00. Rockman vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $5,335.00. Sepeda vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $24,465.00. 2) Reject settlement offer of Morales vs. City of Santa Ana. MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido NOES: None ABSENT: Young FILE 410.10 CITY COUNCIL MINUTES 21 JANUARY 17, 1989 RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 5:57 P.M. RECONVENED AND RECESSED TO DINNER - ROOM 831 - 6:05 P.M. R£CONVENED IN COUNCIL CHAMBERS - 7:15 P.M. - All Councilmembers present except Mayor Young. PLEDGE OF ALLEGIANCE PRESENTATIONS OATHS OF OFFICE Proclamation declaring February 1989 as "National Society Daughters of the American Revolution Month," presented by COUNCILMEMBER MAY to Mrs. John Palmer, Regent, and Mrs. Ray Waren, Chairperson, American History Essay Contest. Luis Sandoval read an excerpt of his winning essay. Proclamation recognizing the Employment Linkages Program, presented by COUNCILMEMBER GRISET to David B. Longbine, JMB Property Management. City Seal Plaque presented by MAYOR PRO TEM ACOSTA to Ann Niedringhaus for service on the Library Board. City Seal Plaque presented by COUNCILMEMBER McGUIGAN to Phyllis J. Raug! for service on the Human Relations Commission. Proclamation recognizing Martin Luther King, Jr. Davy presented by COUNCILMEMBER MAY to Leon Berry, representing "The Neighbors," a support group in South Orange County regularly involved in City of Santa Ana events. Administered by Clerk of the Council to: Ronald H. Heike, Ward 3 representative to the Human Relations Commission. Ken Mitchell, Ward 1 representative to the Human Relations Commission. Pat Heike, Ward 3 representative to the Library Board. John M. Raya, representative to the Uniform Code Appeals Board. CITY COUNCIL MINUTES 22 JANUARY 17, 1989 PUBLXC HEARINGS 75.A. ABANDONMENT 86-A3 Proposal to abandon a public street and alley within A-13 Site. The Community Redevelopment Agency has acquired all of the parcels within the A-13 site bounded by Third Street, Santa Aha Boulevard, Flower Street, and an alley approximately slx-hundre8 Feet we~t of Flowe~ ~t~t. All structures and utilities have been demolished. The site will be conveyed to a developer after the abandonment of the public street and alley. This abandonment is essential in order to create a parcel of land large enough to accommodate the desired scope of development. Legal Notice published in The Register December 23 and 28, 1988. Council continued the matter on January 3, lg89, at the request of staff. The Mayor Pro Tem opened the public hearing Abandonment 86-A3 at 7:40 p.m. regarding proposed Staff report and staff comments presented by: Bob Hoffman, Redevelopment and Real Estate Manager Presentation of written communications by the Clerk of the Council: None There were no speakers on the matter. The Mayor Pro Tem closed the public hearing at 7:43 p.m. MOTION: Adopt resolution. RESOLUTION 89-9 - A Resolution of the City Council of the City of Santa Aha Vacating Olive Street Between Third Street and Santa Ana Boulevard and an East-West Alley to the West Thereof. (Item 35.D.) MOTION: Pulido SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido None Young FILE 1040.20 COMMENTS 90.A. PUBLIC COMMENTS Pat Mill, 617 S. Starboard, expressed concern regarding the Police Department's policy of not sending officers to respond to non-injury auto accidents. At Councilmember McGuigan's request, the Mayor Pro Tem referred the matter to the Public Safety Comittee for review. CITY COUNCIL MINUTES 23 JANUARY 17, 1989 Joanne Lechner, 2337 N. Santiago, and Ron Heike, lOlO W. Santa Clara, encouraged the Council to instruct the City Manager to take the necessary steps in order that Santa Aha have a Rose Parade Float in the 1990 Parade. Michael O'Dorney, ll9 W. Buffalo, thanked the Council for the City's response to his problems with the Speaker Factory, a stereo alarm business in his neighborhood, and requested the Council consider more stringent regulation of auto stereos and alarms businesses. 90.C. CITY COUNCIL COMMENTS Following informal discussion among the Councilmembers, the Council agreed that the Community Services and Events Committee should investigate continuation of a Rose Parade Float entry, and report to the Council on February 6, 1989. Councilmmnber McGuigan noted that the press conference relative to the discouragement of prostitution on Harbor Boulevard held this day had been very successful. She also requested staff look into the possibility of permit parking on Stevens Avenue in the south part of the City, and that a recognition be prepared for Gene Carter, the Southern California Edison Company's representative to City Council meetings, on the occasion of his retirement. The Mayor Pro Tem noted that the adjourned Council meeting scheduled for February 4, 1989 had been cancelled. ADJOURNMENT - 8:16 P.M. C~lnice c. Guy erk of the Council CITY COUNCIL MINUTES 24 JANUARY 17, 1989