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Home My WebLink About01-16-1990 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 16, 1990 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, Rick Norton, 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 4:29 p.m. COUNCIL STUDY SESSION WELLNESS PROGRAM Swadesh Chopra, Acting Executive Director of Personnel, and Sgt. George Saadeh, Police Deparb~ent, reviewed the City's efforts with respect to establishing a Wellness Program for city employees. Officer Saadeh outlined the major components and possible benefits of a Wellness Program, and indicated the City of Monterey had experienced significant reductions in health care and workers' compensation costs following institution of their Wellness Program. He indicated Santa Ana was anticipating a response in approximately two months to a request for proposals for a Wellness Program. FENCE ORDINANCE (ITEM 85.B.) Mayor Pro Tem Acosta reported he was withdrawing his proposal to amend the City's fence ordinance due to a lack of support from other Councilmembers. Mayor Pro Tem Acosta expressed concern regarding possible negative heal th and environmental impacts from the scheduled chemical spraying for medflies in northwest Santa Ana, and indicated a need to educate residents concerning the proposed spraying. CONSENT CALENDAR REVIEW M~or Pro Tem Acosta expressed his intention to abstain from voting on Item 3.A. Landscaping - Bristol Street Median, due to a conflict of interest. Councilmember Pulido requested the City Attorney provide him with a letter indicating he did not have a conflict of interest with respect to Items 12.A. and 12.B., but had only helped to negotiate the contracts. CITY COUNCIL MINUTES 14 JANUARY 16, 1990 Mayor Pro Tem Acosta requested that the background information for Item 3.B. be corrected to indicate that bids were actually opened on November 28, 1989 and not November 14, 1989 as contained the background memo. RECESSED - 4:50 P.M. RECONVENED - COUNCIL CRAMBERS - 5:00 P.M. - All Councilmembers present. CONSENT CALENDAR The Mayor announced that Mayor Pro Tem Acosta had registered an Abstention on Item 3.A. MOTION: Approve the following Consent Calendar items: MOTION: Acosta SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None MINUTES MOTION: 1.A. Approve Minutes. Regular Meeting of January 2, 1990 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Approve plans and specifications and authorize advertisement for bids. 2,Ao NOISE ATTENUATING COMMUNICATION SYSTEMS - Fire Department. SPEC 89-065 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES MOTION: 3.A. Award as reco~ended in Requests for Council Action. LANDSCAPING - BRISTOL STREET MEDIAN - ALTON AND SUNFLOWER AVENUE - To Marina Contractors in an estimated amount of $107,826.95 with total estimated project costs of $140,650.00 - Public Works Agency. (MAYOR PRO TEM ACOSTA REGISTERED AN "ABSTENTION") PROJ 2550 CITY COUNCIL MINUTES 15 JANUARY 16, 1990 CONSTRUCTION - SANTIAGO LAWN BOWLING CLUBHOUSE - To Southern California Builders in the amount of $727,000 (base bid plus alternates 1-6) with total estimated project costs of $928,703.00 - Recreation and Co~nunity Services Agency/Public Works Agency. PROJ 8602/ 6187/6243 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS MOTION: Receive and file reports. 5oA, GALVAN, Jesus - "The Crest" - 1638 S. Standard, Person-to-person transfer, type 48 On-sale general, public premises. Police: Protest based on applicant's management misconduct and negligence. Planning: No action required. 5oBo GODOY, Everardo and Herminia and MARTINEZ, Manuel and Rosalinda - "The Bobkin" - 2531 S. Main, Person-to-person transfer, type 48 On-sale general, public premises. Police: Protest based on applicant's management misconduct and negligence. Planning: No action required. 6.0o SONG, Bok - "The Red Baron" - 1815 S. Main, Person-to-person transfer, type 40 On-sale beer. Police: No protest. Planning: No action required. 5oDo YOON, Sung - "Uno Free" - 2525 W. 17th, #I, Dropping off partner, type 41 On-sale beer and wine, public eating place. Police: No protest. Planning: No action required. 5oE, RED ROBIN INT'L, INC. - "Red Robin Burger & Spirits Emporium" - 1307 W. Sunflower - Stock transfer, type 47 On-sale general, public eating place. Police: No protest. Planning: No action required. FILE 405 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. 9°A° TRACT MAP 14056 - 4018 W. Fifth Street - Filed by Gilbert Engineering to subdivide a .956 acre parcel into 14 lots to facilitate the construction of 14 condominium units. Staff Recommendation: Approval. Zoning Administrator Action: Approval. FILE 625.30 CITY COUNCIL MINUTES 16 JANUARY 16, 1990 A~REEMENTS MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.A. AGREEMENT A-90-006 - BETWEEN THE CITY OF SANTA ANA AND HISPANIC MANAGEMENT DBA RIVERSIDE PROMOTIONS - For development of a program to increase awareness of and participation in the 1990 U.S. Census in the amount of $35,313.59 - City Manager. 12.B. AGREEMENT A-90-007 - BETWEEN THE CITY OF SANTA ANA AND HISPANIC AMERICA, INC. - For development of a program to increase awareness of and participation in the 1990 U.S. Census in the amount of $15,000.00 - City Manager. BOARDS/CO~4ISSIONS/CO~4ITTEES 13.A. NOMINATIONS MOTION: Set for consideration at next regular meeting. Ernesto E. Estrada, 725 S. Huron Drive, recommended by COUNCILMEMBER NORTON as a Ward 6 representative to the Charter Review Committee. FILE 115 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration for processing. 14.A. Claims received from December 26, 1989 to January 5, 1990. 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 January 2, 1990, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:30 p.m. on December 27, 1989. REPORTS MOTION: 16.A. Receive and file report. MONTHLY REPORT OF INVESTMENTS AS OF NOVEMBER 30, 1989 FILE 310.25 *****END OF CONSENT CALENDAR***** CITY COUNCIL MINUTES 17 JANUARY 16, 1990 BUSINESS SESSION ORDINANCES - FIRST READING 25.A. PUBLIC DANCE HOURS REGULATION MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2049 - An Ordinance of the City of Santa Aha Adding Section ll-ll to the Santa Ana Municipal Code Prohibiting Dancing or Live Music in Premises Open to the Public Between 2:00 A.M. and 6:00 A.M. MOTION: May SECOND: Acosta SUBSTITUTE MOTION: Amend the ordinance by deleting the clause which allows establishments with prior approval for all-night dancing to continue such operations, and place ordinance on first reading and authorize publication of title. MOTION: Young SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Griset, McGuigan, Young Acosta, May, Norton, Pulido None SUBSTITUTE MOTION FAILED. VOTE ON ORIGINAL MOTION: VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 715 RESOLUTIONS 35.A. FY 90-91 ORANGE COUNTY UNIFIED TRANSPORTATION TRUST PROGRAM MOTION: Adopt resolution. RESOLUTION 90-002 - A Resolution of the City Council of the City of Santa Aha Requesting the Orange County Transportation Commission to Allocate Orange County Unified Transportation Trust Funds (OCUTT) for the Improvement of City Arterials, and Authorizing the Executive Director of the Public Works Agency to Submit an Application and to Execute an Agreement for the Use of Such Funds on Behalf of the City of Santa Ana. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 1025 CITY COUNCIL MINUTES 18 JANUARY 16, 1990 35.B. MOTION: CLASSIFICATION AND COMPENSATION CHANGES Amend clause l(c) by changing five (5) to ten (10), and (2.5.%) to (5%), and adopt resolution. RESOLUTION 90-003 - A Resolution of the City Council of the City of Santa Ana Amendin9 Resolution Nos. 82-110 and 89-087 to Add Two Class Titles and Effect Other Classification and Compensation Changes for Certain Classes of Employment. MOTION: McGui§an SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 505 COUNCIL AGENDA ITEMS 65.A. HAZARDOUS MATERIALS JOINT POWERS AGENCY - CITY REPRESENTATIVES MOTION: Appoint. COUNCILMEMBER McGUIGAN as City representative and COUNCILMEMBER MAY as alternate to the Orange County Hazardous Materials Joint Powers Agency. MOTION: Pulido SECOND: Acosta VOTE: AYES: Acosta, Griset, May, McGuigan, Norton, Pulido, Young NOES: None ABSENT: None FILE 120.05 RECESSED TO DINNER - ROOM 831, CITY HALL - 5:40 P.M. RECONVENED IN COUNCIL CHAMBERS - 7:38 P.M. - All Councilmembers present except Councilmember Griset who joined the meeting at 7:42 p.m. PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation declaring April 22, 1990, as "Earth Day," presented by COUNCILMEMBER PULIDO to Dr. Lawrence Hitterdale. CITY COUNCIL MINUTES 19 JANUARY 16, 1990 EVENING SESSION COUNCIL AGENDA ITEMS 85.A. INDOOR SWAP MEET STANDARDS (ACOSTA) FILE 605 1030 85.B. FENCE ORDINANCE (ACOSTA) MOTION: Withdraw from consideration proposals from Mayor Pro Tem Acosta to amend the Municipal Code with respect to indoor swap meets and fence heights. MOTION: Acosta SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 625.55 The Mayor indicated he would be requesting staff to investigate and report at a later date with respect to more stringent standards for indoor swap meets. PUBLIC HEARINGS 75.A. CUP 89-026 - 1414-1428 N. BUSH STREET Filed by Berean Development to allow the construction of a 27-unit condominium project (35 dwelling units per acre) plus a nine-unit per acre density bonus at 1414-1428 N. Bush Street in the P District. MOTION: Continue the public hearing regarding CUP 89-026 to February 5, 1990 at the request of staff. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 625.15 75.B. CUP 89-014 (ACOSTA) - ABC APPEAL Filed by Anaheim Foods, Inc. for an alcoholic beverage control license (Type 20) to sell beer and wine for off-premise consumption in a convenience market (Circle One Food Store) located at 1310 W. Third Street. CUP 89-014 was denied by the Zoning Administrator on July 26, 1989 and the Planning Commission upheld this decision on September ll, 1989, by the following vote: CITY COUNCIL MINUTES 20 JANUARY 16, 1990 AYES: NOES: ABSENT: Godinez, Miller, Hanna, Mills None Casteix, Sizemore, Specvacek Legal Notice mailed January 9, 1990. The Mayor opened the public hearin§ regarding Conditional Use Permit 89-014 at 7:47 p.m. Presentation of staff report, Planning Commission recommendation and staff con~ents by: Robyn Simpson, Executive Director, Planning and Building Lt. Ken Hall, Police Department Presentation of written con~nunications by the Clerk of the Council: None Louise Perak, 1248 W. Santa Aha Blvd., spoke in opposition to Conditional Use Permit 89-014. The Mayor closed the public hearing at 7:57 p.m. MOTION: l) Adopt resolution. RESOLUTION 89-122 - A Resolution of the City Council of the City of Santa Ana Denying Conditional Use Permit Application No. 89-14 to Allow the Sale of Alcoholic Beverages in a Market at 1310 West Third Street. MOTION: McGuigan SECOND: Griset VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 625.15.05 75.C. GPA 89-009 Proposal to amend the Land Use Element of the General Plan to reduce residential densities citywide. Recommended for approval as conditioned by the Planning Commission on December ll, 1989, by the following vote: AYES: Casteix, Specvacek, Miller, Hanna, Mills NOES: None ABSENT: Godinez, Sizemore Legal Notice published in The Register, January 5, 1990. The Mayor opened the public hearing regarding General Plan Amendment 89-009 at 8:10 p.m. CITY COUNCIL MINUTES 21 JANUARY 16, 1990 Presentation of staff report, Planning Commission recommendation and staff comments by: Robyn Simpson, Executive Director, Planning and Building Presentation of written communications by the Clerk of the Council: None The following persons spoke in favor of General Plan Amendment 89-009: Tim Rush, 1408 N. Olive Ricky Older, 1226 $. Birch Street James Kendrick, 1323 N. Spurgeon #4B Charlotte Thomas, 531 S. Birch Street The following persons spoke in opposition to General Plan Amendment 89-009: Elaine and Joe Bruney, 4604 E. Blue Jay, Orange Karl Schlick, 1501 W. Santa Ana Blvd. Lim K. Cho, 614 S. Ross Warren Ray, 425 M Street, Balboa Maria Casiano, 613 S. Ross Hung N§uyen on behalf of Lilia Abasto, 525 S. Flower The Mayor closed the public hearing at 8:43 p.m. MOTIOH: 1) Approve and file Negative Declaration and adopt resolution. RESOLUTION 90-004 - A Resolution of the City Council of the City of Santa Ana Amending the Land Use Element of the General Plan of the City of Santa Ana (GPA 89-009). 2) Authorize the refund of application fees to persons with projects in process affected by General Plan 89-009 which were not recommended to be "grandfathered" by staff. MOTION: Griset SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, May, McGuigan, Norton, Pulido, Young None None FILE 625.20 RECESSED - 9:08 P.M. RECONVENED - 9:24 P.M. - All Councilmembers present. CITY COUNCIL MINUTES 22 JANUARY 16, 1990 75.D. PUBLIC STREET ABANDONMENT 89-Al Proposal to vacate 100 feet of Sisson Avenue west of Flintridge Drive toward Euclid Street. Legal Notice published in The Re~ister on January 3 and 10, 1990. The Mayor opened the public hearing regarding Public Street Abandonment 8g-A1 at 9:25 p.m. Presentation of staff report, Planning Commission recommendation and staff conments by: Cindy Nelson, Executive Director, Community Development Presentation of written communications by the Clerk of the Council: None Michael Nelson, 806 S. Flintridge, and Victoria McGuinness, 814 S. Flintridge, spoke in favor of Abandonment 89-Al. There were no speakers on the matter. The Mayor closed the public hearing at 9:32 p.m. MOTION: Adopt resolution. RESOLUTION 90-005 - A Resolution of the City Council of the City of Santa Aha Vacating Sisson Avenue. MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, Griset, May, McGuigan, Norton, Pulido, Young NOES: None ABSENT: None FILE 1040.20 COI~IENTS 90.A. PUBLIC COMMENTS Pat Mill, 617 S. Starboard, requested assistance from the Council in abating a "drop house" for undocumented persons and attendant problems in her neighborhood. Miles Leach, 2025 W. Tenth St., expressed concerns about the four-foot fence height limitation in the City of Santa Aha. James McGuigan, 5642 Keelson Avenue, reported the cable broadcast of the Council meeting was clearly audible and expressed his pleasure with the Council's actions this evening. RECESSED TO CO)~4UNITY REDEVELOPMENT AGENCY - 9:46 P.M. RECONVENED - 9:48 P.M. - All Councilmembers present. CITY COUNCIL MINUTES 23 JANUARY 16, 1990 CITY COUNCIL CO)~4ENTS Mayor Pro Tem Acosta requested the renewal of the employment contract with the City Manager be placed on the February 5, 1990 agenda. He also requested an update with respect to property at 201 E. Fourth Street. The City Manager indicated he would provide such a report, as well as a report regarding an indoor swap meet on First Street. Mayor Pro Tem Acosta reported alleged Police harassment of personnel at Las Rocas Restaurant at 1421 E. Seventeenth Street. The Police Chief indicated he would investigate the matter, as well as provide a report with respect to the process for issuing dance permits to restaurants which did not have a cover charge. In response to Councilmember Norton's concern relative to assisting the Pacific Symphony with renovation of the property at ll5 E. Santa Ana Blvd., the City Manager indicated the City currently subsidized the Symphony in the approximate amount of $80,000.00 annually, and that staff was also assisting the Symphony in its efforts to obtain funding from the State. Councilmember Norton requested that the City Manager investigate the feasibility of cable casting Planning and Redevelopment Commission meetings. RECESSED TO CLOSED SESSION - ROOM 147 - 9:56 P.M. The Clerk of the Council announced the City Council was recessing to Closed Session pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters. 10:37 P.M. - The Clerk of the Council announced the City Council would discuss an additional matter in Closed Session pursuant to Government Code Section 54956.9{a) regarding pending litigation which had been initiated formally, and to which the City was a party, to wit, Norton vs. City of Santa Aha. 10:37 P.M. - Councilmember Norton left the meeting. ADJOURNMENT - 10:49 P.M. Clerk of the Council CITY COUNCIL MINUTES 24 JANUARY 16, 1990