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HomeMy WebLinkAbout08-07-1989 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 7, 1989 The meeting was called to order at 4:14 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, Rick Norton, and Miguel A. Pulido. Also present were Deputy City Manager Jan C. Perkins, City Attorney Edward J. Cooper and Clerk of the Council Janice C. Guy. Councilmember Daniel E. Griset joined the meeting at 4:44 p.m. COUNCIL STUDY SESSION PICKETING ORDINANCE In response to information received indicating that members of the Coalition for Traditional Values planned to picket the residences of Councilmembers, the City Attorney reported that he had prepared an emergency ordinance which would prohibit picketing at private residences. He explained that laws of a similar nature had been upheld by the U.S. Supreme Court, and that due to the issue arising subsequent to the preparation to the Agenda, the Council would be required to make the necessary findings under the Brown Act prior to adopting the picketing ordinance. The Mayor urged the Council to approve the ordinance as a possible means of preventing violence should "traditional values" and "gay rights" supporters assemble simultaneously at Councilmembers' homes. The City Attorney indicated the ordinance did not extend to picketing at business locations. RESOLUTION 89-58 - CUP 89-2 - VA 89-2 - 3731 W. WARNER Councilmember Acosta brought to the Council's attention the difficulties Mr. Hay, the applicant and the business owner of the property at 3731 W. Warner, was having in getting his project processed through the Planning Department. June Catalano, Executive Director of Planning and Building Agency, explained that the applicant had not submitted all the necessary documents to allow for comprehensive processing of the project. Councilmembers discussed issues related to the problem such as: criteria for the issuance of a building permit, determination of whether the proposed activity was a "development project" or "tenant improvements," the sequence of review of the various segments of a development plan, and the applicant's willingness to pay overtime costs in order to expedite processing. CITY COUNCIL MINUTES 220 AUGUST 7, 1989 Mr. Hay indicated he would attempt to provide all necessary documents to the Planning Department by August 16, 1989. The Ma~vor requested the Executive Director of Planning and Building Agency to provide a status report on CUP 89-2 and VA 89-2 to the Council on August 21, 1989. COMMUNITY CABLE CITIZENS BOARD (25A) Councilmember May requested input from the Council relative to discontinuing or restructuring the Cable Television Board. Councilmember Acosta indicated support for a cable board composed only of members appointed by the City Council. James McGuigan and Coween Dickerson, members of the Community Cable Citizens Board, urged the Council not to disband the Cable Board. The Mayor polled the Councilmembers with respect to discontinuing or reconstructing the Board. Councilmember McGuigan abstained from the discussion due to a conflict of interest since her spouse received income from the Board. By the unanimous informal consent of the Council, the Council agreed to place the issue of restructuring the Cable Television Board on the August 21 Agenda. CONSENT CALENDAR REVIEW Councilmembers discussed concerns with respect to Consent Calendar items. RECESSED - 5:31 P.M. RECONVENED IN THE COUNCIL CHAMBERS - 5:39 P.M. - All Councilmembers present. CONSENT CALENDAR The Mayor announced that Item 12.D. would be continued at staff's request to the Council meeting of August 21, 1989. MOTION: Approve the following Consent Calendar items: MOTION: Pulido VOTE: AYES: NOES: ABSENT: SECOND: Acosta Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None CITY COUNCIL MINUTES 221 AUGUST 7, 1989 MINUTES MOTION: I.A. 1.B. P ROJ ECTS MOTION: ~TI~: 3.B. MOTION: 3.D. Approve Minutes. Adjourned Regular Meeting of July 15, Regular Meeting of July 17, 1989 1989 Approve plans and specifications and authorize advertisement for bids. ROUTE 5/55 CONSTRUCTION MITIGATION PROJECT - TRAFFIC SIGNAL AND STREET STRIPING IMPROVEMENTS AT VARIOUS LOCATIONS - Public Works Agency. PROJ 2533 Award as recommended in Request for Council Action. RECONSTRUCTION OF EDINGER AVENUE BETWEEN SANTA ANA RIVER AND CENTER STREET - To Best Western Paving Company in the amount of $694,000.00 - Public Works Agency. PROJ 2131 CONSTRUCTION OF SANITARY SEWER IN HARBOR BOULEVARD, WARNER AVENUE, AND SUSAN STREET (PHASE II) - To Petar Artukovich Construction Co., Inc. in an estimated amount of $535,945.00 - Public Works Agency. PROJ 3056II l) Award in accordance with Request for Council Action. REPAIR OF STAIRWELLS AND LOADING DOCK AT CITY HALL - To Slater Waterproofing, Inc, in an estimated amount of $72,303.94 - Public Works Agency. PROJ 6239 2) Direct the City Manager to increase the appropriation level in Fund 73-105-621 in the proposed 1989-90 Building Maintenance Budget by $75,000.00. FILE 123 ALCOHOLIC BEVERAGE CONTROL LICENSE APPLICATIONS MOTION: Receive and file reports. BERNARDO, Lorna and Robert - "Lorna's Fish Mkt." - 1209 N. Harbor, Original, type 20 Off-sale beer and wine. Police: Protest based on an above-average crime rate. Planning: Conditional Use Permit required. OH, Kyoung - "EL Torito Mkt." - 1155 W. Central, Original, type 20 Off-sale beer and wine. Police: No protest. Planning: Conditional Use Permit required. FILE 405 CITY COUNCIL MINUTES 222 AUGUST 7, 1989 D~E~$ - WITH CASH - GRANTEE CITY MOTION: Approve deed and authorize execution by Mayor and Clerk of all necessary documents. 6oA. RBW, SANTA ANA - North side of First Street West of Golden Circle Drive; Cabrillo Park Dr. extension. DEED 7499 CONDITIONAL USE PERi, ITS/VARIANCES/PARKING WAIVERS MOTION: Approve and file Notice of Exemption and Findings of Fact. 8oAo VA 89-10 - Filed by Rachel I. Van der Velde to allow a five-foot rear yard setback, a 37-foot high structure, and reductions in parking and private open space for a replicated carriage house to be located at 810 N. French Street in the SD 19 (Historic French Park) District. Staff Recommendation: APPROVAL. Planning Commission Action: APPROVAL. FILE 625.45 TENTATIVE PARCEL/TRACT MAPS MOTION: Approve and file Negative Declaration or Notices of Exemption as appropriate; find that the proposed subdivisions 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 88-394 - Filed by Kenneth A. Bryant to subdivide a one-story, two-unit office building into two office condominiums located at 550 Golden Circle Drive. Staff Recommendation: APPROVAL. Zoning Administrator Action: APPROVAL. FILE 625.25 PARCEL MAP 88-432 - Filed by Harbor/Sunflower Associates to subdivide 8.23 acres into three lots at 3801S. Harbor Boulevard to allow the construction of an office building and retail center with an approved conditional use certificate. Staff Recommendation: APPROVAL. Zoning Administrator Action: APPROVAL. FILE 625.25 9oCo PARCEL MAP 89-202 - Filed by Harbor Pacific Development to consolidate seven lots (.90 acres) into one parcel at 1221 E. First Street to permit the construction of a lO,O00 square foot retail center. Staff Recommendation: APPROVAL. Zoning Administrator Action: APPROVAL. FILE 625.25 CITY COUNCIL MINUTES 223 AUGUST 7, 1989 FINAL PARCEL/TRACT MAPS MOTION: Approve final maps; accept the dedications thereon; and the bonds in the amounts set as appropriate; authorize execution of subdivision agreement by Mayor and Clerk as appropriate. IO.A. PARCEL ~UkP 88-213 - Consolidates three lots into one parcel for the purpose of developing a 26-unit apartment project at 324-328 S. Garnsey Street. FILE 625.25 IO.B. PARCEL MAP 88-432 - Subdivides 8.23 acres of land into three parcels for the purpose of developing an office building and retail store at 3801 South Harbor Boulevard. FILE 625.25 lO.C. TRACT MAP 13723 - Consolidates three lots into one parcel for the purpose of developing a six-unit residential condominium project at 510 S. Euclid Street. FILE 625.30 AGREEMENTS MOTION: Authorize issuance of request for proposals. 12.A. ANNUAL CONTRACT FOR PAVEMENT STRUCTURAL EVALUATION SERVICES - Public Works Agency. FILE 1040 MOTION: 12.B. 12.C. Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. AGREEMENT A-89-055 - BETWEEN THE CITY OF SANTA ANA AND THE CITY OF ORANGE AND JMB GROUP TRUST IV - Agreement to terminate Agreement A-81-023 between the CITY OF SANTA ANA, THE CITY OF ORANGE AND RELIANCE DEVELOPMENT, INC. - Community Development Agency. A-81-23 FILE 410.10 AGREEMENT A-89-056 - BETWEEN THE CITY OF SANTA ANA AND BEAM AND BROBECK - For legal services at the rate of $100.00 per hour - City Attorney's Office. FILE 410.15 MOTION: 12.D. Continue at request of staff to August 21, 1989. AGREEMENT A-89-057 - RENEWAL BETWEEN THE CITY OF SANTA ANA AND ARA VENDING SERVICES OF LOS ANGELES - For vending machine services for three years, with two one-year renewal options, in accordance with the cooperative purchasing agreement between the City of Santa Ana and County of Orange. FILE 900 CITY COUNCIL MINUTES 224 AUGUST 7, 1989 NOTIO#: 12.E. Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. AGREEMENT A-89-051 - BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY CRATING AND CHARLES AND MARIE MAYO - For the acquisition of real property at 921 East Santa Ana Boulevard and compensation for relocation costs and compensable loss of goodwill for Orange County Crating in the total amount of $888,919.00 - Community Development Agency. FILE 630 BOARDS/CO~4ISSIONS/CO~4ITTEES 13.A. NOMINATIONS MOTION: Set for consideration at next meeting. 13.A.1. Dennis E. Desnoo, lOO1 Sharon Road, recommended by MAYOR YOUNG as a Mayoral representative to the Charter Review Con~nittee. FILE 115 13.A.2. Joanne Lechner, 2337 N. Santiago, recommended by COUNCILMEMBER McGUIGAN as a Ward 1 representative to the Charter Review Committee. FILE 115 13.A.4. Jerry F. Pierson, 2311 Riverside Drive, recommended by COUNCILMEMBER NORTON as a Ward 6 representative to the Charter Review Committee. FILE ll5 13.A.5. Donald A. Sizemore, 809 N. Spurgeon #9, recommended by COUNCILMEMBER MAY as a Ward 2 representative to the Charter Review Committee. FILE ll5 13.A.6. James L. Sumrow, 914 East 20th Street, recommended by ~tAYOR PRO TEM ACOSTA as a Ward 3 representative to the Charter Review Committee. FILE 115 13.B. APPOINTMENTS MOTION: Appoint. Harold Gosse, Jr., 1420 E. 19th St., recommended by MAYOR PRO TEM ACOSTA as Ward 3 representative to the Charter Review Comnittee. FILE 115 13.C. RESIGNATIONS MOTION: Accept with regret; direct Clerk to post vacancy; authorize preparation of appropriate recognition for service to the City. George E. Osborn, Rancho Santiago College, from the Private Industry Council, by letter dated July 18, 1989. FILE 110.15 CITY COUNCIL MINUTES 225 AUGUST 7, 1989 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration. 14.A. Claims received from July 10, 1989 to July 28, 1989. FILE 415 CLERK OF THE COUNCIL REPORT MOTION: Instruct Clerk to enter into the Minutes. 15.A.1. Pursuant to Government Code Section 54954.2, the July 8, 1989, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:30 a.m. on July 6, 1989. 15.A.2. Pursuant to Government Code Section 54955, the Adjournment of the July 8, 1989, City Council meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:45 a.m. on July 10, 1989. 15.A.3. Pursuant to Government Code Section 54954.2, the July 15, 1989, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:45 a.m. on July 10, 1989. 15.A.4. Pursuant to Government Code Section 54954.2, the July 17, 1989, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:50 a.m. on July 14, 1989. REPORTS TO FILE MOTION: Receive and file. 16.A. EXCESS WORKERS' COMPENSATION INSURANCE REPORT FILE 435.25 CONTINUE ITEMS MOTION: Continue to August 21, 1989. 17.A. PARK ACQUISITION AND DEVELOPMENT FEES POLICY STATEMENT (ACOSTA) FILE 310.30 HEARINGS AJ(D RELATED ACTIVITIES MOTION: l) Adopt findings as recommended in Hearing Officer's report. 2) Approve issuance of a Certificate of Public Convenience and Necessity. 18.A. HEARING OFFICER REPORT - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - BOWERS AMBULANCE SERVICE FILE 435.05.05 CITY COUNCIL MINUTES 226 AUGUST 7, 1989 NON-CATEGORIZED ITEMS 19.A. REIMBURSEMENT TO SANTA FE LAND IMPROVEMENT COMPANY FOR STREET IMPROVEMENTS ON LYON STREET SOUTH OF EDINGER {A-85-145) MOTION: Authorize. Reimbursement of $14,587.50 to the Santa Fe Land Improvement Company for additional street improvement work performed on Lyon Street south of Edinger Avenue. FILE 1040 19.B. NOTION: DOWNTOWN SANTA ANA BUSINESS ASSOCIATION BUDGET Approve; and authorize. 1989 Downtown Santa Aha Business Association budget; and the Finance Director to dispense the budgeted funds. FILE 805 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 AFFIP~tATIVE. ABSENCES AT THIS MEETING WILL BE RECORDED AS SUCH. MOTION: Place ordinances on second reading and adopt. 21.A. PUBLIC NUDITY (Placed on first reading on July 17, 1989, by unanimous vote.) ORDINANCE NS-2018 - An Ordinance of the City of Santa Aha Adding Section 10-35 to the Santa Aha Municipal Code Pertaining to Public Nudity. FILE 715 21 .B. AMENDMENT APPLICATION 1028 (Placed on first reading on July 17, 1989, by unanimous vote.) ORDINANCE NS-2019 - An Ordinance of the City of Santa Aha Rezoning Certain Property Located at 4006-4018 West Hazard Avenue from the R1 (Single-Family Residence) District to the SD (Specific Development) District and Adopting Specific Development Plan No. 53. FILE 625.05 CITY COUNCIL MINUTES 227 AUGUST 7, 1989 MOTION: 21 .C. Adopt resolution. APPEAL APPLICATION 89-1 - MINOR EXCEPTION 89-1 - 2009 W. ST. ANNE PLACE (Confirms Council action of July 17, 1989, with Griset, McGuigan and Young dissenting.) RESOLUTION 89-074 - A Resolution of the City Council of the City of Santa Ana Approving Minor Exception No. 89-1 to Allow a Six-Foot High Fence Within the Front Yard Setback on Property Located at 2009 West St. Anne Place in the R1 District. FILE 625.35 *****END OF CONSENT CALENDAR***** BUSINESS SESSION 99.A. EMERGENCY ORDINANCE - PICKETING MOTION: Find that the need to take action with respect to Ordinance NS-2024 arose subsequent to preparation of the agenda. MOTION: Young SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 715 MOTION: Adopt as an emergency ordinance. ORDINANCE NS-2024 - An Ordinance of the City of Santa Ana Adding Section lO-110 to the Santa Ana Municipal Code to Prohibit Picketing Focused on Private Residences. MOTION: Young SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 715 CITY COUNCIL MINUTES 228 AUGUST 7, 1989 ORDINANCES - FIRST READING 25.A. COMMUNITY CABLE CITIZENS BOARD Councilmember McGuigan indicated for the record, she had a conflict of interest with respect to this item, and would abstain from voting. (See Minues page 221.) NOTION: Withdraw Ordinance NS-2020 and place an ordinance restructuring the Community Cable Citizens Board on the August 21, 1989 Agenda. MOTION: May SECOND: Pulido VOTE: AYES: Acosta, Griset, May, Norton, Pulido, Young NOES: None ABSENT: None FILE 110.15 ABSTAIN: McGuigan 25.B. ZOA 89-6 - REVOCATION OF CHRISTMAS SALES ACTIVITIES FROM VEHICLES NOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2021 - An Ordinance of the City of Santa Ana Amending Section 41-195.5 to the Santa Ana Municipal Code to Delete the Provision which Allows Sales from Vehicles During the Period November 25 to December 25. MOTION: Griset SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Griset, McGuigan, Young Acosta, May, Norton, Pulido None FILE 625.55 NOTION FAILED. Councilmember Pulido requested that the issue of outdoor sales activity ordinances be scheduled as a Work Study subject. Mayor Pro Tem Acosta requested that the Work Study item include lunch truck regulations and recycling sales activities at business locations. The Mayor suggested the matter be placed on the Agenda in 60-90 days. 25.C. NOTION: BICYCLE LICENSE FEES Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2022 - An Ordinance of the City of Santa Aha Amending Article III of Chapter 10 of the Santa Aha Municipal Code, Revising the Bicycle Licensing Regulations of the City to Delete License Fee Provisions. CITY COUNCIL MINUTES 229 AUGUST 7, 1989 MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 310.30 ORDINANCES - FIRST READING 25.D. STARTING TIME FOR EVENING COUNCIL SESSION MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2023 - An Ordinance of the City of Santa Aha Amending Section 2-100 of the Santa Aha Municipal Code to Change Council Meeting Time from 7:00 p.m. to 7:30 p.m. MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 120 RESOLUTIONS 35.A. OCUTT FUNDS - RECONSTRUCTION OF FAIRVIEW STREET BETWEEN 17TH STREET AND TRASK AVENUE NOTION: l) Award in accordance with Request for Council Action. RECONSTRUCTION OF FAIRVIEW BETWEEN 17TH STREET AND TRASK AVENUE - To Silvia Construction in an estimated amount of $392,172.00 - Public Works Agency. PROJ 1499 2) Adopt resolution. RESOLUTION NO. 89-075 - A Resolution of the City Council of the City of Santa Ana Requesting the Orange County Transportation Commission to Allocate Orange County Unified Transportation Trust (OCUTT) Funds for Fairview Street Resurfacing Between Seventeenth Street and Trask Avenue. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 1025 CITY COUNCIL MINUTES 230 AUGUST 7, 1989 35.B. DEMOLITION OF TEMPORARY BUILDINGS - OLD COUNTY COURT HOUSE MOTION: Adopt resolution. RESOLUTION 89-076 - A Resolution of the City Council of the City of Santa Ana Supporting the Removal of the Temporary Buildings Located Behind the Old Orange County Courthouse. MOTION: Acosta SECOND: Griset VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 140 BUDGET ADJUSTMENTS 60.A. APPROPRIATION ADJUSTMENT 004 - STATE DEPARTMENT OF EDUCATION JOB TRAINING PARTNERSHIP ACT {JTPA) COOPERATIVE AGREEMENT MOTION: l) Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT A-89-O57A- BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA - For a State Education Coordination and Grants 8% Cooperative agreement in the amount of $106,704.00 for the period July 1, 1989 through June 30, 1990. FILE 510.05 MOTION: 2) Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 004 - Transferring $43,380.00 from account 132-350-Anticipated Revenue to account 132-713-933- 8%-50% State Department of Education Program. MOTION: McGuigan SECOND: Acosta VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 310.05 COUNCIL AGENDA ITEMS 65.A. TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY MOTION: Appoint. Councilmembers May and McGuigan as Alternates to the Transportation System Improvement Authority Board. SECOND: Pulido MOTION: Acosta VOTE: AYES: NOES: ABSENT: CITY COUNCIL MINUTES Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 120.05 231 AUGUST 7, 19~b 70.A. MOTION: CLOSED SESSION REPORT - COUNCIL CHAMBERS Authorize settlement of the following item discussed in Closed Session on July 17, 1989: Connors vs. City of Santa Ana in the amount of $35,000.00. MOTION: Pulido SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 410.10 RECESSED TO HOUSING AUTHORITY - 6:13 P.M. RECONVENED AND RECESSED TO DINNER - ROOM 831 - 6:15 P.M. RECONVENED - COUNCIL CMAMBERS - 7:30 P.M. - All Councilmembers present. PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation recognizing the Vietnamese Chamber of Commerce presented by COUNCILMEMBER PULIDO to Chuoc Vo-Ta, Executive Director. Proclamation recognizing the award of a "Golden Nugget" to ML Partners presented by MAYOR YOUNG to Michael Lasley, Dayton Meyer, Larry Moore, and Sandra Barham. Proclamation recognizing the National Concrete Masonry Association Design Award of Excellence presented by MAYOR PRO TEM ACOSTA to Ralph Allen & Partners. Recognition of the completion of the Southwest Senior Center presented to MAYOR YOUNG by: Governor George Deukmejian (represented by MAYOR PRO TEM ACOSTA) Congressman Robert Dornan (represented by Tom Baez) Senator Edward Royce (represented by Marsha Gilchrist) Assemblyman Willie Brown (represented by Bill Mack) Assemblyman Curt Pringle Supervisor Roger Stanton CITY COUNCIL MINUTES 232 AUGUST 7, 1989 19.C. INSTALLATION OF PAINTED TRAFFIC DIVERTERS ON WASHINGTON AVENUE Presentation of staff report and reconmendation by: David Grosse, Executive Director, and T. C. Sutaria, Traffic Operations Engineer, Public Works Agency. The following persons spoke in favor of installing painted traffic diverters on Washington Avenue: Vivian Kusiak, Washington Avenue Mike Sasso, 1002 W. Washington Avenue George Keeler, 1127 N. Lowell Tom Lutz, lll8 Freeman Tim Rush, 1408 N. Olive The following persons spoke in opposition to installing painted traffic diverters on Washington Avenue: Bette Stillman, 816 N. Louise Miles Leach, 2025 W. Tenth Street Jan Boer, 912 N. Lowell Jesse Vargas, 904 N. Olive Gloria Perez, North Baker Richard Zugman, Washington Square Donald Packard, Baker and Fifteenth Streets Karol VanZant, 1518 Freeman Rowland Rice, 1809 W. Saint Andrew Place Florence Leach, 2025 W. Tenth Street MOTION: Refer the matter to the Transportation Advisory Committee for review and recommendation including the establishment of appropriate traffic flow benchmarks with a report to Council in 60-90 days. MOTION: Norton SECOND: Acosta SUBSTITUTE MOTION: Approve the installation of painted traffic diverters on Washington Avenue at Bristol Street and at Flower Street for a six-month trial period; and direct staff to report to the Council immediately when the diverters transform any "local" streets to "collector" streets within the neighborhood. MOTION: Griset SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Griset, McGuigan, Young Acosta, May, Norton, Pulido None FILE 1040 MOTION FAILED. VOTE ON ORIGINAL MOTION. VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None CITY COUNCIL MINUTES 233 AUGUST 7, 1989 RECESSED - 9:41 P.M. RECONVENED - 10:07 P.M. - All Councilmembers present. PUBLIC HEARINGS 75.A. UNDERGROUND UTILITIES DISTRICT 27 Proposal to convert existing overhead utility system to an underground system within the area generally defined as bordering Harbor Boulevard from Hazard Avenue to the mutual boundary of the Cities of Santa Ana and Fountain Valley. Legal notice published in the Orange County Reporter and mailed July 27, 1989. The Mayor opened the public hearing regarding the establishment of Underground Utilities District 27 at 10:07 p.m. Presentation of staff report and staff comments by: David Grosse, Executive Director, and Souri Amirani, Associate Engineer, Public Works Agency Presentation of written communications by the Clerk of the Council: None There were no speakers on the matter. The M~yor closed the public hearing at lO:14 p.m. MOTION: Adopt resolution. RESOLUTION 89-078 - A Resolution of the City Council of the City of Santa Ana Establishing Underground Utility District No. 27. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 845 75.B. APPEAL APPLICATION 89-5 - VARIANCE 89-11 - 2112 E. FOURTH STREET Filed by Nexus Development to approve a variance requesting a reduction in the required parking lot landscaping for a proposed day-care center at 2112 E. Fourth Street. Recommended for denial by the Planning Commission on June 26, 1989 by the following vote: AYES: NOES: ABSENT: Casteix, Sizemore, Miller, Godinez Mills, Hanna Spevacek CITY COUNCIL MINUTES 234 AUGUST 7, 1989 Legal Notice mailed July 21, 1989. The Mayor opened the public hearing regarding Appeal Application 89-5 and Variance 89-11 at lO:16 p.m. Presentation of staff report, Planning Commission recommendation and staff comments by: June Catalano, Executive Director of Planning and Building Agency Presentation of written communications by the Clerk of the Council: None Bruce Bearer, 3636 Birch Street, Newport Beach, spoke in favor of the Appeal Application. There were no other speakers on the matter. The Mayor closed the public hearing at lO:21 p.m. MOTION: Approve and file Notice of Exemption and instruct City Attorney to prepare a resolution approving Appeal Application No. 89-5, approving VA 89-11 and overruling the decision of the Planning Commission. MOTION: McGuigan SECOND: Norton VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 625.45 75.C. WEED ABATEMENT REPORT - FY 88-89 Hearing for the purpose of confirming Fiscal Year 1988-89 weed abatement assessments, and authorizing the transmittal of uncollected weed abatement charges to the County of Orange. Legal notice mailed July 28, 1989, and posted on the door of the City Council Chambers August 2, 1989. The Mayor opened the public hearing regarding the Weed Abatement Report for Fiscal Year 1988-89 at 10:26 p.m. Presentation of staff report and staff comments by: None Presentation of written con~nunications by the Clerk of the Council: None John Knight, 932 Lehigh, Altadena, and Martin Featherston, 916 S. Arapaho, questioned the amounts of the assessments to be levied against their properties. The Mayor referred the speakers to staff for assistance. The Mayor closed the public hearing at 10:34 p.m. CITY COUNCIL MINUTES 235 AUGUST 7, 1989 MOTION: Amend the resolution to delete the parcels owned by the speakers pending staff review; and adopt resolution. RESOLUTION 89-079 - A Resolution of the City Council of the City of Santa Ana Overruling Objections to and Confirming the Report of the Executive Director of the Public Works Agency Pertaining to the Costs of Weed, Rubbish and Garbage Abatement: Making, Confirming and Levying Assessments for Such Costs; and Ordering a Copy Thereof to be Filed with the County Auditor, Assessor and Tax Collector. MOTION: Acosta SECOND: May VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 402.15 75.D. 1989-90 BUDGET Public hearing to consider the City's 1989-90 Fiscal Year budget and related matters. Legal Notice published in The Register on June 23, 1989. (The public hearing on this matter was closed on July 3, 1989, and action was continued on July 17, 1989, by unanimous informal consent.) MOTION: Continue the following ordinance and resolution to August 21, 1989. 75.D.1. ORDINANCE NS-2015 - An Ordinance of the City of Santa Ana Appropriating Monies to the Several Offices, Agencies and Departments of the City for the Fiscal Year Commencing July 1, 1989. FILE 310.10 75.D.2. RESOLUTION 89-070 - A Resolution of the City Council of the City of Santa Ana Amending Various Resolutions Which Fix and Establish Basic Classification and Pay Plans for Several Categories of Employment With the City. FILE 505 MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None COI~E#TS 90.A. PUBLIC COMMENTS The following persons spoke in opposition to permitting a Gay Parade and Festival in Centennial Park stressing such issues as public safety, public health, and community moral standards violations: CITY COUNCIL MINUTES 236 AUGUST 7, 1989 Lou Sheldon, 100 So. Anaheim Blvd. Joseph Carmack, 6062 Kingsbriar, Yorba Linda Richard & Susan Cull, 2725 S. Rita Way Reuben Hash, Jr., 3937 W. McFadden Ave. #D Clarke Ainley, 1619 1/2 N. Spur§eon Eveyln Harris, 2917 W. Cubbon Thomas E. Steele, 1609 Canyon Lake Jon Turner, lO01 Van Ness Maria Benitez, 12737 Rosecrans #64, Norwalk Gary Greenwald, 1701 E. Edinger Richard Flores, 2119 S. Ross St. Alvin L. VanDerMost, 1642 Rainbow Drive Sean Mill, 617 S. Starboard Ben Honorof, 1918 W. Trask The Mayor requested the City Attorney review the City's ordinance governing parks, and provide the Council with a memo addressing: l) amendment of the parks ordinance to prohibit a §athering of more than 20 persons at any event in a park. 2) application of the amended ordinance to the scheduled Gay Parade & Festival, and 3) personal liability for Councilmembers with respect to civil rights issues, if the event were "grandfathered" under the newly amended ordinance. and to make those findin9s available to interested parties. FILE 915 Hartley Mill, 617 S. Starboard, suggested the Washington Square neighborhood convert its public streets to private streets in order to impose barriers to entry into the neighborhood. Miles Leach, 2025 W. Tenth St., suggested the Council apply the standard for arterial traffic to Washington Street. 90.C. CITY COUNCIL CO~4ENTS Councilmember McGuigan suggested the listening audience cooperate with the Police Department in participating in the National Li9hts On Program on Tuesday evening August 8, 1989 between the hours of 8:00-11:00 p.m. She also encouraged those listening to attend the City's Antique Car Parade on Saturday, August 12, 1989. She expressed a personal "thank you" to Sandra Lavery for her participation in con~nunity activities, and wished the Santa Ana Crackerjacks Softball Team "good luck" in its upcoming national tournament. Mayor Young reported that he had met with former Councilmember Ogden Markel, and requested that staff supply Mr. Markel with plans for improvements on Edinger Street. He also requested staff look into preparing a nei9hborhood plan for the Sandpointe neighborhood. RECESSED TO CLOSED SESSION - ROOM 147 - 12:21 A.M. CITY COUNCIL MINUTES 237 AUGUST 7, 1989 The Clerk of the Council announced the Council was recessin§ to Closed Session pursuant to Government Code Section 54957 to consider personnel matters. RECONVENED - 12:38 A.M. - All Councilmembers present. CLOSED SESSION REPORT No action was taken out of Closed Session. ADJOURNMENT - At 12:38 a.m. to l:O0 p.m. on August 21, 1989, in Room 831, City Hall, 20 Civic Center Plaza, Santa Aha. J.a~f.cd C. Guy Clerk of the Council CITY COUNCIL MINUTES 238 AUGUST 7, 1989