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HomeMy WebLinkAbout02-16-1989 MINUTES OF THE REGULAR M~ETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 6, 1989 The meeting was called to order at 4:18 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, 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 4:45 p.m. COUNCIL STUDY SESSION GPA 88-2 - FLOOR AREA P~ATIOS June Catalano, Executive Director of the Planning and Building Agency, made a presentation to the Council on the subject of the incorporation of intensity standards in the City's General Plan. Ms. Catalano pointed out that Government Code Section 65302 required that intensity standards be defined for the Land Use Element of the General Plan. She indicated that failure to incorporate such standards in the City's General Plan may negatively impact future development decisions due to an inadequate General Plan. She recommended Council consider the adoption of a state-approved tool for defining intensity standards, the floor area ratio (FAR), i.e., the ratio of floor area constructed compared to the area of the underlying parcel. Ms. Catalano indicated the City could establish FAR standards based on historical development patterns within the City, but that after such standards were adopted, developers would have to use the General Plan Amendment process to exceed those FAR's. ALCOHOLIC BEVERAGE REGULATION June Catalano, Executive Director of the Planning and Building Agency, explained that current practices by the City for regulating alcoholic beverage licenses included the Conditional Use Permit Process (CUP) and the Land Use Certificate Process. Councilmembers asked questions about the criteria used to evaluate requests for ABC licenses. Mayo? Youn9 requested that staff provide Council with these criteria in written form and an outline of the current CUP process for Council review. QUALITY CUSTOMER SERVICE STATUS REPORT Robyn Simpson, Assistant City Manager, made a presentation to the Council Un the City's Quality Customer Service Program. She explained how this program was consistent with the City's Mission statement and Five Year lan. She further explained how the program was designed to work within CITY COUNCIL MINUTES 25 FEBRUARY 6, 1989 each Department. She then introduced June Catalano, Executive Director of Planning and Building Agency, and Rod Coloma, Executive Director of Finance and Management Services who in turn introduced staff presentations on program applications in their departments. 1989-90 FISCAL YEAR CITY BUDGET Deputy City Manager Jan Perkins introduced the 1989-90 budget process. She reviewed briefly written materials provided to the Council which outlined budget documents, assumptions, and fiscal outlook. RECESSED TO DINNER - 6:02 P.M. - Councilmember Griset left the meeting. RECONVENED IN COUNCIL CHAMBERS - 7:31 P.M. - All Councilmembers present except Councilmember Griset. PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation recognizing the MacArthur School Team for its outstanding performance in the academic contest called "The Knowledge Master Competition," presented by COUNCILMEMBER MAY to Charles Eddy, Math Teacher and Marilyn Maher, English/Reading Teacher. Proclamation recognizing Jennifer Ellen Fisher for being selected "Miss Black Orange County," presented by COUNCILMEMBER MAY. Proclamation recognizing Axel Flores for his outstanding courage and achievements presented by MAYOR PRO TEM ACOSTA. Proclamation recognizing February 5-11, 1989 as "National Burn Awareness Week," accepted by Fire Chief Carter for the Orange County Burn Association, presented by COUNCILMEMBER McGUIGAN. CITY COUNCIL MINUTES 26 FEBRUARY 6, 1989 ORDZNANCES SECOND READING MOTION: Conttnue second reading and adoption of ordinance to July 3, 1989. 21.A. FIRE AND SAFETY STANDARDS FOR HIGH RISE BUILDINGS (Placed on first reading on October 3, 1988, by unanimous vote.) ORDINANCE NO. NS-1981 - An Ordinance of the City of Santa Ana Amending Section 14-30 and Adding Section 8-182 to the Santa Ana Municipal Code to Require Automatic Sprinkler Systems and to Set Requirements for Stair Shaft Ventilation in Existing High Rise Buildings.~, MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Griset FILE 710 6O5 PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION lO18 - VA 88-26 Filed by Arthur Hansen to rezone property located at 1600 E. First Street from the R1 (Single-Family Residence) to the C2 (General Commercial) District to bring the site into consistency with the General Plan and allow the renovation of an existing hotel. Recommended for approval by the Planning Commission on January 9, 1989, by the following vote: AYES: NOES: ABSENT: Spevacek, Sizemore, Casteix, Uno, Chavez-Gomez, Miller None Godinez Legal Notice published in the Register and mailed January 20, 1989. The Mayor opened the public hearing regarding Amendment Application lO18 and Variance 88-26 at 7:52 p.m. Presentation of Staff report, Planning Commission recommendation and staff comments by: Tom Ponsford, Assistant Planner Presentation of written communications by the Clerk of the Council: None Arthur Hansen, Executive Vice President, Days of the West, Inc., spoke in favor of Amendment Application lO18 and Variance 88-26. There were no other speakers on the matter. ~he Mayor closed the public hearing at 8:01 p.m. CITY COUNCIL MINUTES 27 FEBRUARY 6, lg8g MOTION: 1) Approve and file Notice of Exemption and place th? following ordinance on first reading and authorize publication of title: ORDINANCE NS-1999 - An Ordinance of the City of Santa Aha Rezoning Certain Property Located at 1600 East First Street from the R1 (Single-Family Residence) District to the C2 (General Commercial) District. 2) Approve and file Notice of Exemption and Findings of Fact. VA 88-26 - Filed by Arthur Hansen to allow on-site sale and consumption of alcoholic beverages within 300 feet of a residentiat~ly zoned property. (Item 8.E.) Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, May, McGuigan, Pulido, Young NOES: None ABSENT: Griset FILE 625.05 625.45 CONSENT CALENDAR Mayor Young announced the following changes to the Consent Calendar: l) Removal of Items 8.A. and 8.D. for separate discussion and action. 2) Registration of a "NO" vote on Item 12.C. by Councilmember McGuigan. 3) Withdrawal of Item 13.A. from the Agenda. 4) Removal of Item 18.A. for separate discussion and action. 5) Removal of Item 21.B. for separate discussion and action. MOTION: Approve the following Consent Calendar items: MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Griset MINUTES MOTION: 1.A. Approve Minutes. Regular Meeting of January 17, 1989 CITY COUNCIL MINUTES 28 FEBRUARY 6, 1989 BID CALLS/REQUESTS FOR PROPOSALS MOTION: 2.A. 2.B. Approve plans and specifications and authorize advertisement for bids. FIRE NOSE - Fire Department. SPEC 89-017 COMPUTERS - Public Works Agency. SPEC 89-001 BID AWARDS MOTION: Award as recommended in Request for Council Action. 3oAo COPIER-DUPLICATING SYSTEMS - To Xerox Corporation for a three-year full maintenance lease/purchase of a Xerox 1090 copier in the Police Department for a total of S109,113.00; and to Eastman Kodak Company for a three-year full maintenance lease/purchase of a Kodak 300AFB duplicator/Kodak 225AF copier-duplicator system in Central Services for a total of $236,171.64. SPEC 88-018 3.8. ONE-TON TRUCK WITH COMBINATION BODY - To Theodore Robins Ford in the net amount of ~19,803.98 - Public Works Agency. SPEC 88-027 3.0. ANIMAL CONTROL TRUCK - To Joe MacPherson Chevrolet in the net amount of 520,337.87 - Police Department. SPEC 88-034 3oD. STREET TREE TRIMMING {PHASE II) - VARIOUS STREETS EAST OF BRISTOL - To Davey Tree Surgery in the amount of 578,063.92 - Public Works Agency. PROJ 2152 3oE. AIR CONDITIONING SYSTEMS - FIRE STATIONS 2, 8, AND l0 - To Dicksons, Inc. in the amount of ~44,151.00 - Public Works Agency. PROJ 6229 PROJ 6230 PROJ 6235 CHANGE ORDERS MOTION: Approve. 4.A. CHANGE ORDER 2 - STREET IMPROVEMENTS - TOWNSEND STREET FROM 10TH TO WASHINGTON AND 10TH FROM ENGLISH TO TOWNSEND; increasing in the amount of ~4,215.80 (6.8% total). PROJ 7855 CITY COUNCIL MINUTES 29 FEBRUARY 6, 1989 ALCOHOL]C BEVERAGE CONTROL L[CE#SE APPLICATZONS MOTION: Receive and file reports. LOPEZ, Aurelia - "Mex-Go" - 402 W. 17th St., Original, type 41 On-sale beer and wine, public eating place. Police: Conditional protest based on an above-average crime rate. Planning: No action required. AMEZCUA, Alicia and Javier and CHACON, Manuel and Blanca - "Ostioneria Villamar" - 2715 W. First St., #C, Original, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: Land Use Certificate required. LAM, Nhut P. - "Main Market" - 2133 S. Main St., Person-to-person transfer, type 20 Off-sale beer and wine. Police: No protest. Planning: No action required. DANG, Sang Q. - "Thanh Xuan Restaurant" - 2213-17 N. Fairview, Person-to-person transfer, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. SPOONS RESTAURANTS, INC. - "Spoons Restaurant" - 2601 Hotel Terrace Drive, Person-to-person transfer, type 47 On-sale general, public eating place. Police: No protest. Planning: No action required. SOUTH COAST PLAZA RESTAURANTS, INC. - "Gustaf Anders" - 3810 S. Plaza Drive, Person-to-person and premises-to-premises transfer, type 47 On-sale general, public eating place. Police: No protest. Planning: No action required. FILE 405 DEED - NO CASH - GRANTOR CITY MOTION: Approve deed and authorize execution by Mayor and Clerk of all necessary documents. 6.A. SOUTHERN CALIFORNIA EDISON COMPANY - Bristol Reservoir; electrical power. DEED 7484 CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS MOTION: 8.A. Approve and file Negative Declarations or Notices of Exemption as appropriate; and Findings of Fact. CUP 88-34 - Removed for separate discussion and action. (See Minutes page 34.) CITY COUNCIL MINUTES 30 FEBRUARY 6, 1989 VA 88-25 - Filed by Lucky Stores, Inc. to allow three wall signs on the east elevation of a Lucky's supermarket building located at 770 S. Harbor Boulevard in the C2 District. Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. FILE 625.45 VA 88-27 - Filed by Dr. John Max and Carole Robinson to allow a five-foot reduction in the required front yard setback for an expansion of a medical facility located at 1510 N. Grand Avenue in the R1 District. Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. FILE 625.45 VA 88-28 - Removed for separate discussion and action. (See Minutes page 34.) See Item 75.A. (See Minutes page 28). TENTATIVE PARCEL/TRACT MAPS MOTION: 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 report. TRACT MAP 13715 - Filed by California Civic Incorporated to subdivide .837 acres of land into six lots at 2025 W. Civic Center Drive to facilitate the development of six single-family residences. Staff recommendation: APPROVAL. Zoning Commissioner action: APPROVAL. FILE 625.30 AGREEMENTS MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.A. AGREEMENT A-88-110 - BETWEEN THE CITY OF ~NTA 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 (Item 12.A. was continued by Council on January 17, 1989, by unanimous vote with Young absent.) 12.B. AGREEMENT A-89-004 - BETWEEN THE CITY OF SANTA ANA AND MAZURSKY, SCHWARTZ & ANGELO - For legal services in the prosecution of a lawsuit entitled City of Santa Aha vs. Carlisle Insurance Co. - City Attorney. FILE 410.15 CITY COUNCIL MINUTES 31 FEBRUARY 6, 1989 12.C. AGREEMENT A-89-005 - BETWEEN THE CITY OF SANTA ANA AND BSI CONSULTANTS, INC. - Addendum Number Two for the preparat(on of the Engineer's Report for a proposed lighting and landscaping maintenance benefit district in an amount not to exceed $10,000.00 - Public Works Agency. (COUNCILMEMBER McGUIGAN REGISTERED A "NO" VOTE.) FILE 805 BOARDS/COMMISSIONS/COMMITTEES 13.A. APPOINTMENT'S MOTION: Remove from Agenda at the request of staff. 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. REAPPOINTMENTS MOTION: Reappoint. Jerome Hunter, 1333 W. Park Lane, as an At-Large representative to the Community Cable Citizens Board for a first full rem to expire November 30, lg92. FILE llO.15 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from January 9, 1989 to January 27, 1989. FILE 415 CLERK OF THE COUNCIL REPORT MOTION: Instruct Clerk to enter into the Minutes. 15.A. Pursuant to Government Code Section 54954.2, the January 17, 1989, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on January ll, 1989. REPORTS TO FILE MOTION: Receive and file reports. ~6.A. MONTHLY REPORT OF INVESTMENTS AS OF NOVEMBER 30, 1988 FILE 310.25 CITY COUNCIL MINUTES 32 FEBRUARY 6, 1989 HEARINGS AND RELATED ~TIVITIES 18.A. RESOLUTION NO. 89-10 - Removed for separate discussion and action. ISee Minutes page 34.) MOTION: Continue public hearing to February 21, 1989, at the request of staff. 18.B. GENERAL PLAN AMENDMENT 88-2 (Legal notice published in the Register on January 20, 1989.) FILE 625.20 NON-CATEGORIZED ITEMS 19.A. HOUSING - SECTION 8 MODERATE REHABILITATION CERTIFICATES MOTION: Approve and authorize execution by Mayor. Letter communicating the City's approval of the Santa Aha Housing Authority's application to the U.S. Department of Housing and Urban Development (HUD) for 75 additional Section 8 Moderate Rehabilitation Certificates. FILE 621.05 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. 21 .B. FIRE AND SAFETY STANDARDS FOR HIGH RISE BUILDINGS - Removed for separate discussion and action. {See Minutes page 26.) ALCOHOLIC BEVERAGE REGULATION - Removed for separate discussion and action. (See Minutes page 34.) 21 .C. PARKING METER PROGRAM (Placed on first reading on January 17, 1989, by unanimous vote with Young absent.) ORDINANCE NO. NS-1996 - An Ordinance of the City of Santa Ana Amending Sections 36-2, 36-398, 36-403, 36-405, and 36-413 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. FILE 625.55.15 1030 *****END OF CONSENT CALENDAR***** CITY COUNCIL MINUTES 33 FEBRUARY 6, 1989 CONDITIONAL USE PERMITS/¥ARIANCES/PARKING WAIVERS Dwight Schroeder, 2332 N. Old Brand, requested the removal of Public Works Agency Conditions 2A-2G as contained in the staff report. MOTION: Approve and file Notices of Exemption as appropriate and Findings of Fact; and approve the removal of Conditions 2A-2G in staff report. B.A. CUP 88-34 - Filed by William Hockenberry and Associates for the Grand Avenue United Methodist Church to allow the expansion of an existing church and classroom facility located at 2121 N. Grand Avenue in the R1 District. Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. FILE 625.15 a.D. VA 88-28 - Filed by the Grand Avenue United Methodist Church to allow a reduction of parking, landscaping, perimeter wall and street tree requirements in conjunction with the expansion of an existing church and classroom facility located at 2121N. Grand Avenue in the R1 District. Staff recommendation: APPROVAL. Planning Commission action: APPROVAL. FILE 625.45 MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Gri set HEARINGS 18.A. MOT I ON: AND RELATED ACTIVITIES ABANDONMENT 88-A9 Adopt resolution setting public hearing for March 6, 1989. RESOLUTION 89-10 - A Resolution of the City Council of the City of Santa Aha Declaring its Intention to Vacate an Alley in the Block Bounded by Main. Sycamore, and Pomona Streets and Edinger Avenue, Setting a Public Hearing Thereon, and Directing Notice Thereof to be Posted and Published. MOTION: Pulido SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Griset FILE 1040.20 CI~ COUNCIL MINUTES 34 FEBRUARY 6, 1989 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS 21.B. ALCOHOLIC BEVERAGE REGULATION MOTION: Amend ordinance by deleting requirements relating to Markets and place ordinance on first reading, and authorize publication of new title. ORDINANCE NO. NS-1994 - An Ordinance of the City of Santa Ana 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, and Theaters. MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Griset FILE 625.55 ORDINANCES 25.A. SUBDIVISION OF PARKING STRUCTURES MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-1998 - An Ordinance of the City of Santa Aha Adding Section 8-51 to the Santa Ana Municipal Code Pertaining to the Construction of Parking Structures in Integrated Developments MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Griset FILE 605 1030 RESOLUTIONS 35.A. DESTRUCTION OF RECORDS - PLANNING AND BUILDING AGENCY RESOLUTION NO. 89-11 - A Resolution of the City Council of the City of Santa Aha Approving the Destruction of Certain Records in the Planning and Building Agency. MOTION: Pulido VOTE: AYES: NOES: ABSENT: 3~.B. See Item 18.A. SECOND: Acosta Acosta, May, McGuigan, Pulido, Young None Griset FILE 625 (See Minutes page 34.) CITY COUNCIL MINUTES 35 FEBRUARY 6, 1989 APPROPRIATION ADJUSTMENTS/COMBINED ITEMS 60.A. APPROPRIATION ADJUSTMENT 041 - CIVIC CENTER BUDGET MOTION: Approve. (Requires five affirmative votes.) Revised FY 88/89 Civic Center Maintenance budget of $1,018,106.00 and Special Maintenance (Capital Projects) budget of $482,500.00, totalling a Civic Center budget of $1,500,606.00. APPROPRIATION ADJUSTMENT 041 - Transferring $652,000.00 from account 74-243-631-Civic Center and Capital Projects to account 74-623-Civic Center Revenue. MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Griset FILE 140 310.05 COUNCIL AGENDA ITEMS 65.A. CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES MOTION: Set for public hearing on February 21, 1989. Consideration of CUP 88-5 - Filed by Yacaira Corporation to permit the sale of beer and wine for off-site consumption in a market located at 1900 South Main Street. Planning Commission action on January 23, 1989: DENIAL. MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Griset FILE 625.15 RECESSED TO THE HOUSING AUTHORITY - 8:23 P.M, RECONVENED - 8:24 P.M. - All Councilmembers present except Councilmember Griset. COMMENTS gO.A. PUBLIC COMMENTS Michael M. O'Dorney, ll9 W. Buffalo, addressed the Council to express his th~nks for the timely response by Council and staff to the concerns he expressed at a previous meeting. He requested that Council consider requiring a CUP for businesses which install stereo and alarm systems. He CITY COUNCIL MINUTES 36 FEBRUARY 6, 1989 also requested that Council consider establishing limits to the length of time an alarm can run before automatically shutting off. Mr. O'Dorn~ offered his services as a resource to the City in any of these matters. The Mayor requested staff to investigate the possibility of formulating new legislation in response to Mr. O'Dorney's requests. Roslenda Fielder, 107 W. Buffalo, expressed concerns about the conflict between the owner of the Speaker Factory and her neighbors. Mayor Pro Tem Acosta requested the City Attorney to provide Council with a memo updating the City's complaint against the owner of the Speaker Factory. ~, Sandra Thrower, 3930 W. Fifth, #102, addressed the Council to express concern regarding the lack of Cable TV broadcasts of the Council meetings. She also expressed her concern with the deterioration of morals in the City. On behalf of Santa Aha Neighbors for Excellence, she read a statement expressing the group's support for recent Police activities to decrease the problems on Harbor Boulevard. 90.C. CITY COUNCIL COMMENTS Councilmember McGuigan wished members of the Vietnamese community Happy New Year in light of the recent Tet Festival. Mayor Young referred to the Legislative Committee the assignment of working with the City Manager to hire an individual to represent the City in Sacramento to support the City's desire for a site-specific jail sales tax bill. CLOSED SESSION - ROOM 147 The Clerk of the Council announced the 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: Schweitzer vs. City of Santa Ana (Worker's Compensation) Caesar vs. City of Santa Ana (Worker's Compensation) Waltress vs. City of Santa Ana Escamilla vs. City of Santa Ana and pursuant to Government Code Section 54956.9(b)(1) to confer with the City Attorney regarding pending litigation of significant exposure. 70.A. MOTION: CLOSED SESSION REPORT - COUNCIL CHAMBERS Authorize settlements as follows: Schweitzer vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $12,360.00. CITY COUNCIL MINUTES 37 FEBRUARY 6, 1989 Caesar vs. City of Santa Aha IWorker's Compensation), in a compromise and release in the amount of $11,O00.O0. Claim Nos. 88-156 through 88-158 in the amount of $16,000.00 for personal injury and property damage. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Pulido, Young None Griset FILE 410.10 ADJOURNMENT - 8:57 p.m. CITY COUNCIL MINUTES 38 FEBRUARY 6, 1989