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HomeMy WebLinkAbout04-03-1989 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 3, 1989 The meeting was called to order at 4:15 p.m. in Room 423, City Hall, 20 Civic Center Plaza, by Mayor Dan Young. Councilmembers present were John Acosta, Ron May, and Patricia A. McGuigan. Also present were City Manager David N. Ream, City Attorney Edward J. Cooper and Clerk of the Council Janice C. Guy. Councilmembers Miguel A. Pulido and Daniel E. Griset joined the meeting at 7:03 p.m. and 8:05 p.m., respectively. COUNCIL STUDY SESSION Police Chief Paul Walters announced that a suspect had been arrested in the homicide of Santa Aha schoolgirl Nadia Puente. 1989-90 BUDGET UPDATE Deputy City Manager Jan Perkins reviewed revenue and expenditure trends over the past several years. She informed Council that current financial data indicate a 4.89% increase in general fund revenues and a 7.58% increase in general fund expenditures for fiscal year 1989-90, and pointed out labor costs have been increasing at a faster rate than revenues. She also described alternative approaches to increasing revenues in the past two years. Perkins indicated that departmental budget presentations to Council would begin soon. The City Manager responded to questions related to the budget presentation. CONSENT CALENDAR REVIEW Councilmembers discussed concerns with respect to Consent Calendar items. RECESSED - 4:50 P.M. RECONVENED - COUNCIL CHAMBERS - 5:04 P.M. - All except Councilmembers Griset and Pulido. Councilmembers present CITY COUNCIL MINUTES 81 APRIL 3, 1989 CONSENT CALENDAR The Mayor announced the following change to the Consent Calendar: l) Continuation of Item 19.A. to April 17, 1989. MOTION: Approve Consent Calendar items: MOTION: Acosta SECOND: McGuigan VOTE: AYES: Acosta, May, McGuigan, Young NOES: None ABSENT: Griset, Pulido MINUTES MOTION: 1.A. Approve Minutes. Regular Meeting of March 20, 1989 BID CALL/REQUEST FOR PROPOSALS MOTION: Approve plans and specifications and authorize advertisement for bids. CONTRACTUAL PURCHASE OF UNIFORMS - Police Department. SPEC 89-021 2.Ao CONSTRUCTION OF SOFTBALL FIELD - DELHI PARK/MONROE SCHOOL - Public Works Agency. PROJ 3136 BID AWARDS MOTION: Award as recommended in Requests for Council Action. 3.A. THREE IBM COMPUTERS - To Photo & Sound Company, for three (3) IBM Model 80 Computers in the amount of $18,025.20 - Public Works Agency. SPEC 89-001 ONE REPLACEMENT SURVEYOR TRUCK - To Guaranty Chevrolet of Sanka Ana in the amount of $29,988.00 - Public Works Agency. SPEC 89-009 3oC, MICROFILM READER/PRINTERS - To Mino-Micrographics, Inc., for two {2) Minolta RPS05 Microfilm Reader/Printers and accessories in the amount of $26,061.90 - Library. SPEC 89-012 3oDo ONE ADDITIONAL FIRE PUMPER - To Beck Fire Apparatus in the amount of $215,106.86 on Purchase Order A6149, increasing the total purchase order amount to $860,427.44 - Fire Department. SPEC 87-026 CITY COUNCIL MINUTES 82 APRIL 3, 1989 MOTION: 3.E. Amend and extend contract. PUBLIC RECREATIONAL FACILITIES LANDSCAPE MAINTENANCE - To Midori Gardens of Santa Ana for a 12-month period to include a 5% increase in the base amount and to include additional maintenance for a total amount of $64,833.30. - Recreation and Community Services Agency. SPEC 86-024 CHANGE ORDERS MOTION: Approve. 4.A. CHANGE ORDER 2 - POLICE DEPARTMENT LOCKER ROOM EXPANSION - increasing in the amount of $700.00. (Change orders total 12.3% of original award.) PROJ 6232 ALCOHOLIC BEVERAGE CONTROL LICENSE APPLICATIONS MOTION: Receive and file reports. FRIENDS OF LUBAVITCH OF ORANGE COUNTY, INC. - "The Hebrew Academy" - 2627 W. Edinger, Original, type "41" On-sale beer and wine, public eating place. Police: Protest due to above-average crime rate. Planning: No action required. CALDERON, Jose A. - "Taqueria Guadalajara" - 305 E. Fourth St., Original, type "41" On-Sale beer and wine, public eating place. Police: Protest due to above-average crime rate. Planning: Land Use Certificate required. GONZALEZ, Graciela - "Carniceria Gonzalez" - 2741W. Edinger, Person-to-person transfer, type "20" Off-sale beer and wine. Police: No Protest. Planning: No action required. $°D. LOPEZ, Maria and Cosme - "Panchos Lopez" - 1701 E. McFadden, Person-to-person transfer, type "47" On-sale general, public eating place. Police: No protest. Planning: No action required. THE 811 BROADWAY CORP. - "Shaunasee's" - 811 N. Broadway, Person-to-person transfer, type "47" On-sale general, public eating place. Police: No protest. Planning: No action required. 5oF. QUACH, Anh and TRAN, Mai - "Cuong Restaurant" - 2610 W. Edinger, #A, Person-to-person transfer, type "41" On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. CITY COUNCIL MINUTES 83 APRIL 3, 1989 H. BEER AND WINE AND GROCERY, INC. - "Hank's Liquor" - 1235 W. First St., Self-incorporation, type "21" Off-sale general. Police: No protest. Planning: No action 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 2-706.1. 7,Ao SPR 89-2 - Remnant parcels west of Broadway and north of Santa Clara Avenue. FILE 630.15 TENTATIVE PARCEL/TRACT MAPS MOTION: Approve and file Negative Declaration/Notice of Exemption; 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. 9,Xo TENTATIVE PARCEL MAP 88-452 - Filed by Triple R Development to consolidate .66 acres of land into one lot to be used for an 8,000 square foot retail center at 715 N. Harbor Blvd. Staff recommendation: APPROVAL Zoning Commissioner Action: APPROVAL FILE 625.25 9oBo TENTATIVE TRACT MAP 13869 - Filed by Triple R Development to consolidate .39 acres of land into one lot to be used for six condominium units and associated common ground at 722-726 N. Figueroa Street. 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 agreement. 12.A. AGREEMENT A-89-019 - BETWEEN THE CITY OF SANTA ANA AND SAINT JOSEPH BALLET COMPANY - Amendment to reflect the non-establishment of religion clause required by HUD in all City contracts with predominantly religious non-profit organizations for the use of Community Development Block Grant funds - Community Development Agency. FILE 610.05 CITY COUNCIL MINUTES 84 APRIL 3, 1989 BOARDS/COI~4ISSIONS/COM)4ITTEES 13.A. NOMINATIONS MOTION: Set for consideration at next regularly scheduled meeting. Ted A. Dillen, 3013 S. Artesia, recommended for nomination by COUNCILMEMBER GRISET, as a representative to the Uniform Code Appeals Board, for a partial term to expire November 30, 1990. (Replacing Tully) FILE llO.15 13.B. APPOINTMENTS MOTION: Appoint. Ed Kirby, 2524 French Street, as the Santa Ana Economic Development Corporation representative to the Private Industry Council for a first full term to expire February l, 1993. (Replacing Lusk) FILE 110.15 13.C. RESIGNATIONS MOTION: Accept with regret; direct Clerk to post vacancy; authorize preparation of appropriate recognition for service to the City. 13.C.1. James L. Cradduck, 3611S. Harbor Blvd. #260, Private Sector representative to the Private Industry Council, by letter dated March 13, 1989. FILE 110.15 13.C.2. Barbara B. Kamm, 3 Hutton Centre, Private Sector representative to the Private Industry Council, by letter dated March 13, 1989. FILE llO.15 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from March 13, 1989 to March 24, 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 March 20, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:00 a.m. on March 16, 1989, 1989. REPORTS TO FILE MOTION: Receive and file report. 16.A. MONTHLY REPORT OF INVESTMENTS AS OF JANUARY 31, 1989. FILE 310.25 CITY COUNCIL MINUTES 85 APRIL 3, 1989 HEARINGS AND RELATED ACTIVITIES 18.A. ENVIRONMENTAL ASSESSMENT HEARING - APRIL 17, 1989 MOTION: Adopt resolution. RESOLUTION 89-27 - A Resolution of the City Council of the City of Santa Aha Consenting To and Calling a Public Hearing on the Proposed Widening of Westminster Avenue from Fairview Street to Euclid Street. FILE 1040 NON-CATEGORIZED ITEMS MOTION: Continue to April 17, 1989. 19.A. REVISED BAIL SCHEDULE Amended bail schedule for violations to the Santa Aha Municipal Code. FILE 410.05 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. 21.A. APPEAL APPLICATION 88-5 - VARIANCE 88-19 - 2402 S. BRISTOL (Approved with conditions on November 21, 1988 with May dissenting and Hart absent.) MOTION: Adopt resolution. RESOLUTION 89-28 - A Resolution of the City Council of the City of Santa Aha Approving Variance No. 88-19 to Allow an Auto Care Center At Variance With Certain Development Standards at 2402 South Bristol Street. FILE 625.45 625.45 *****END OF CONSENT CALENDAR***** CITY COUNCIL MINUTES 86 APRIL 3, 1989 BUSINESS SESSION RESOLUTIONS 35.A. WASHINGTON SQUARE PERMIT PARKING DISTRICT MOTION: Adopt resolution. RESOLUTION 89-29 - A Resolution of the City Council of the City of Santa Aha Extending the Washington Square Permit Parking District. MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Young None Griset, Pulido FILE 1030 35.B. OBSOLETE RECORDS DESTRUCTION - CLERK'S OFFICE MOTION: Adopt resolution. RESOLUTION 89-30 - A Resolution of the City Council of the City of Santa Aha Approving the Destruction of Certain Records in the Office of the Clerk of the Council. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Young None Griset, Pulido FILE 135 35.C. EXTENSION OF VARIANCE 87-1 - 914 W. EDINGER AVENUE MOTION: Adopt resolution. RESOLUTION 89-31 - A Resolution of the City Council of the City of Santa Ana Extending the Time When Variance No. 87-1, Granted for Property Located at 914 West Edinger Avenue, Shall Expire. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Young None Griset, Pulido FILE 625.45 CITY COUNCIL MINUTES 87 APRIL 3, 1989 35.D. NOTION: SAN JOAQUIN HILLS TRANSPORTATION AGREEMENT - AMENDMENT 1 Adopt resolution. RESOLUTION 89-32 - A Resolution of the City Council of the City of Santa Ana Approving Amendment No. 1 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency. (A-89-020) (12.B.) MOTION: Young SECOND: May VOTE: AYES: Acosta, May, McGuigan, Young NOES: None ABSENT: Griset, Pulido FILE 1025 APPROPRIATION ADJUSTMENTS/COMBINED ITEMS 60.A. APPROPRIATION ADJUSTMENT 162 - RESURFACING AND RECONSTRUCTION OF SUNFLOWER AVENUE By unanimous informal consent of the Council, action on the item was deffered to the Evening Session. COUNCIL AGENDA ITEMS 65.A. COMMUNITY CABLE CITIZENS BOARD James McGuigan, 5642 Keelson expressed his concerns with respect to possible changes in the structure and areas of responsibility for the Community Cable Citizens Board. MOTION: Request staff to prepare. Appropriate amendments to the enabling ordinance and resolution of the Community Cable Citizens Board to bring the Board into conformity with Federal legislation and standard City advisory board structure. MOTION: Acosta SECOND: Young VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Young None Griset, Pulido FILE llO.15 Councilmember May expressed his displeasure with the Chair of the Cable Board for his public criticisms of City Council actions related to cable television matters. HOUSING AUTHORITY - 5:23 P.M. DINNER RECESS - ROOM 831 - 5:25 P.M. CITY COUNCIL MINUTES 88 APRIL 3, 198E RECONVENED IN COUNCIL CHAMBERS - 7:03 P.M. - All Councilmembers present except Councilmember Griset. PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation recognizing "Earthquake Preparedness Month," presented by COUNCILMEMBER McGUIGAN to Fire Chief Carter and Sharon Frank, Emergency Management Coordinator. Proclamation recognizing MacArthur Intermediate School student's award of first place in the county-wide academic decathalon presented by COUNCILMEMBER MAY to Jay Sutaria. Presentation of the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) by MAYOR YOUNG to Rod Coloma, Executive Director, Finance and Management Services; and David Borik, Accounting and Budget Manager. PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION 1024 - SPECIFIC DEVELOPMENT PLAN 51 Filed by Philip Reber for the Church of the Latter Day Saints, to rezone property located at 3401 S. Greenville Street from Specific Development Plan 4 to Specific Development Plan 51 to allow the construction of a church building. Recommended for approval by the Planning Commission on March 13, 1989, by the following vote: AYES: NOES: ABSENT: Sizemore, Chavez-Gomez, Godinez, Uno, Miller None Casteix, Spevacek Legal Notice published in the Register and mailed on March 24, 1989. The Mayor opened the public hearing regarding Amendment Application 1024 and Specific Development Plan 51 at 7:22 p.m. Presentation of staff report, Planning Commission recommendation and staff comments by: June Catalano, Executive Director, Planning and Building Agency Presentation of written communications by the Clerk of the Council: None CITY COUNCIL MINUTES 89 APRIL 3, 1989 The following persons spoke in favor of Amendment Application 1024 and Specific Development Plan 51: Gary Miller, 350 W. Fifth St. #20lB, San Bernardino Philip R. Reber, 2545 N. Forest There were no other speakers on the matter. The Mayor closed the public hearing at 7:30 p.m. MOTION: l) Approve and file Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NS-2004 - An Ordinance of the City of Santa Ana Adopting Specific Development Plan No. 51 for Property Located at 3401 South Greenville Street. MOTION: McGuigan SECOND: Acosta VOTE: AYES: Acosta, May, McGuigan, Pulido, Young NOES: None ABSENT: Griset FILE 625.05 75.B. 1989-90 COMMUNITY DEVELOPMENT BLOCK GRANT PROGR~4 Consideration of the use of $3,851,000.00 in Community Development Block Grant funds for the purpose of maintaining and upgrading the City's affordable housing stock through rehabilitation loans, grants and rebates; improving low and moderate income neighborhoods through public improvements and public facilities; providing social services which benefit low and moderate income persons; assisting the preservation of historic properties; and improving the City's economic base through economic development and commercial rehabilitation loan programs. Legal Notice published in the Register on March 22, 1989. The Mayor opened the public hearing regarding the proposed 1989-90 Community Development Block Grant Program at 7:31 p.m. Presentation of staff comments by: Cindy Nelson, Executive Director, Community Development Agency Donald Sizemore, Chair of the Citizens Advisory Board which reviewed the applications for CDBG funding, addressed the Council describing the application, review and allocation process of the Community Development Block Grant Program. Mr. Sizemore distributed a revised version of Exhibit A detailing the Citizen Board's recommended allocations of 1989-90 CDBG funds. Presentation of written communications by the Clerk of the Council: None 8:05 P.M. - Councilmember Griset joined the meeting. CITY COUNCIL MINUTES 90 APRIL 3, 198~ The following persons addressed the Council with respect to use of the 1989-90 Community Development Block Grant Pro§ram funds: Sandee Gordon, Girls Club of Santa Ana Shirley Cohen, Feedback Foundation, Inc. Terence Davis, Pride Development Council Inc. Dr. Dorothy L. Davis, Pride Development Council Sharon Springsteen, Pride Development Council Glenda Saivichit, Kimbwala African Mission of Love, Inc. Bardine Allen, Oran§e County Center for Contemporary Art Charlene Turco, S.P.I.N. Alice McCullough, Relampago Del Cielo Karen Johnson, Discovery Museum of Orange County Tony Dalessi, Santa Aha Unified School District David T. Quezada, Fair Housing Council of Orange County Iris M. Davis, MDG Performing Arts Dance School Buddy Ray, Orange County Community Development Council, Inc. Thomasine Fitzgerald, MDG Performing Arts Zondra Marshall, Orange County Black Actors Theatre Adleane Hunter, Orange County Black Actors Theatre Doug Bystry, Santa Ana Neighborhood Housing Services Dion Baker, Santa Ana Neighborhood Housing Services Anthony Borbis, Turning Point Gang Project George Lynch, Pop Warner Football Vicki Mayster, Share Our Selves Free Medical Clinic The Mayor closed the public hearing at 8:44 p.m. MOTION: Continue consideration of the Community Development Block Grant Program and Budget and related items to April 17, 1989. MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Pulido, Young None None FILE 610.05 RECESSED - 8:42 P.M. RECESSED TO CLOSED SESSION - ROOM 147 - 9:08 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: Reese vs. City of Santa Ana (Worker's Compensation) Slick vs. City of Santa Ana {Worker's Compensation) Collins vs. City of Santa Ana (Worker's Compensation) Wertep~y vs. City of Santa Aha {Worker's Compensation) Burnsed vs. City of Santa Aha {Worker's Compensation) Littlejohn vs. City of Santa Ana (Worker's Compensation) CITY COUNCIL MINUTES 91 APRIL 3, 1989 Lozano vs. City of Santa Aha (Worker's Compensation) Solis vs. City of Santa Ana Baldwin vs. City of Santa Ana; and pursuant to Government Code Section 54956.9(b)(1) regarding pending litigation of significant exposure. RECONVEN£D - 9:28 P.M. - All Councilmembers present 70.A. MOTION: CLOSED SESSION REPORT - COUNCIL CHAMBERS Authorize settlements as follows: Wertepny vs. City of Santa Ana (Worker's Compensation) in a compromise and release in the amount of $13,000.00. Collins vs. City of Santa Ana (Worker's Compensation) in a stipulation in the amount of $48,540.00. Slick vs. City of Santa Ana (Worker's Compensation) in a compromise and release in the amount of $12,500.00. Reese vs. City of Santa Ana (Worker's Compensation) in a stipulation in the amount of $11,620.00. Burnsed vs. City of Santa Ana (Worker's Compensation) in a compromise and release in the amount of $12,500.00. Littlejohn vs. City of Santa Ana (Worker's Compensation) in a compromise and release in the amount of $52,500.00. Lozano vs. City of Santa Aha (Worker's Compensation) in a stipulation in the amount of $22,995.00. Claim 87-204 - Francisco Lares in the amount of $8,500.00. MOTION: McGuigan SECOND: Maj, VOTE: AYES: Acosta, Griset, May, McGuigan, Pulido, Young NOES: None ABSENT: None FILE410.10 CITY COUNCIL MINUTES 92 APRIL 3, 1989 APPROPRIATION ADJUSTMENTS/COMBINED ITEMS 60.A. APPROPRIATION ADJUSTMENT 162 - RESURFACING AND RECONSTRUCTION OF SUNFLOWER AVENUE MOTION: 1) Approve. (Required five affirmative votes.) APPROPRIATION ADJUSTMENT 162 - Transferring $200,000.00 from account 59-551-631-Project 1480 (Fairview Street Reconstruction) to account 59-551-631-Project 1494 {Sunflower-Bear to Bristol Street Rehabilitation) - Public Works Agency. 2) Authorize City Attorney to prepare and Mayor and Clerk to execute agreement. AGREEMENT A-89-021 - BETWEEN THE CITY OF SANTA ANA AND CITY OF COSTA MESA - For the resurfacing and reconstruction of a portion of Sunflower Avenue - Public Works Agency. (Item 12.C.) MOTION: Pulido SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, May, McGuigan, Young None Griset, Pulido FILE 310.05 1040 90.A. PUBLIC COMMENTS Ed Haubelt, 17092 Pinehurst Lane, Huntington Beach, addressed the Council to express his ideas on light rail transit and to encourage citizen and Council involvement in this process. 90.C. CITY COUNCIL Councilmember McGuigan reminded the audience that the upcoming week is National Library Week. ADJOURNMENT - 9:37 P.M. - To 3:00 p.m., April 17, 1989, Room 423, City Hall, 20 Civic Center Plaza. Clerk of the Council CITY COUNCIL MINUTES 93 APRIL 3, 1989