HomeMy WebLinkAbout07-02-1990 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SAJ~TAANA, CALIFORNIA
JULY 2, 1990
At 4:00 p.m., the Clerk of the Counci~ Janice C. Guy~adjourned the Council
meeting from Room 423, City Hall, 20 Civic Center Plaza, to Room 147, City
Council Chambers, 22 Civic Center Plaza, since room 423 was unavailable
due to its remodeling.
At 4:20 p.m., Ma~vor Dan Young called the Council meeting to order in Room
147 and immediately adjourned the meeting to the Council Chambers in order
to accommodate the large number of citizens wishing to attend the Council
Study Session. The Mayor reconvened the meeting at 4:22 p.m. in the
Council Chambers. Councilmembers present were John Acosta, Ron May, Rick
Norton, and Miguel A. Pulido. Also present were Deputy City Manager Debra
Kurita, City Attorney Edward J. Cooper and Clerk of the Council danice C.
Guy.
Councilmembers Daniel E. Griset and Patricia A. McGuigan joined the
meeting at 4:32 p.m. and 7:48 p.m., respectively.
COUNCIL STUDY SESSION
FALLBROOK LANE/I-5 WIDENING ISSUES
Jim Ross, Executive Director, Public Works Agency, reported that due to
the widening of the I-5 Freeway, an 8" jet-fuel line was required to be
relocated, affecting eight residential properties along Fallbrook Lane.
He indicated Cal-Trans had acquired the properties and planned to rent
them until the relocation of the pipeline was completed. Ross showed
slides of the properties impacted by the relocation project.
Ann Neidringhaus, Jerry Ayres, 2946 Fallbrook, and Roy Russell, President,
Northwest Homeowners Association discussed the concerns of the adjacent
neighborhood residents, which included safety hazards, noise impacts and
possible property devaluation. Russell requested the Council consider
acquiring the property from Cal-Trans and converting the area from
residential use to passive open space.
Councilmember May urged support for the neighborhood proposal.
Councilmembers discussed possible alternatives to establishment of a
greenbelt area including remarketing or redevelopment of the property by
the City
Roy Russell requested that an advisory committee be established to work
with the City on development of the area.
CITY COUNCIL MINUTES 198 JULY 2, 1990
The Mayor requested staff analyze the alternatives, addressing such issues
as: property values if the area continues as a residential use, safety
hazards including the existing jet-fuel line and other underground
distribution lines, possible use as a programmed recreational area, costs
of obtaining the property and sound wall elevations.
Councilmembers discussed additional issues such as Citywide costs vs.
neighborhood benefit, Cal-Trans rental procedures, land payment
alternatives, and formation of an ad-hoc committee to work with the Board
of Recreation and Parks regarding this issue.
Mayor Young suggested the residents continue to work with the Executive
Director of the Public Works Agency in monitoring the pipeline project.
CONSENT CALENDAR REVIEW
Councilmembers discussed concerns with respect to Consent Calendar items.
CONSENT CALENDAR
The Mayor announced the following modifications to the Consent Calendar:
1) Continuation of Item 13.A.1 to the Evening Session.
2) Continuation of Item 18.B. to July 16, 1990.
MOTION: Approve the following Consent Calendar items:
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT:
SECOND: Acosta
Acosta, Griset, May, Norton, Pulido, Young
None
McGuigan
MINUTES
MOTION:
1.A.
1.B.
1.C.
Approve Minutes.
Adjourned Regular Meeting of June 13, 1990
Regular Meeting of June 18, 1990
Adjourned Regular Meeting of June 19, 1990
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Approve plans and specifications and authorize advertisement for
bids.
2.Ao
LIBRARY RENOVATION - MAIN BRANCH - FURNITURE AND SHELVING -
Library. SPEC 90-034-037
CITY COUNCIL MINUTES 199 JULY 2, 1990
MOTION:
2.B.
Award as recommended in Request for Council Action.
VENDING MACHINE SERVICES - To Canteen Corporation for the period
August 1, 1990 - July 30, 1993 - Recreation and Community
Services Agency. SPEC 89-048R
PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES
MOTION: Approve plans and specifications and authorize advertisement for
bids.
SITE IMPROVEMENTS - FIRE STATION 3 - Public Works Agency.
PROJ 6260
MOTION:
3.B.
3.0o
3oD.
Award as recommended in Requests for Council Action.
SANITARY SEWER REPLACEMENT - HIGHLAND AVENUE, RICHLAND ST. AND
CUBBON ST. - To Grbavac and Prkacin, J.V. in an estimated amount
of $393,000.00 with total estimated project costs of $497,300.00
- Public Works Agency. PROJ 3068/3069/
3070
EXTERIOR PAINTING - ELEVATED WATER TANK (PHASE III) - To Robinson Prezioso,
Inc. in the amount of $216,200.00 with total estimated project
costs of $285,000.00 - Public Works Agency. PROJ 3109
CABRILLO PARK DRIVE TREE PLAN (See Minutes page 208.)
CHANGE ORDERS
MOTION: Approve.
4.A. REPAIRS - WELL 28 - A-14 SITE - Change Order No. 1; increasing in
the amount of $15,084.00 - Public Works Agency. PROJ 3132
ALCOHOLIC BEVERAGE CONTROL APPLICATIONS
MOTION: Receive and file report.
5oAo
DAOUD, Peter and MENSOR, Steve - "Manhattan Giant Pizza" - 123 S.
Harbor Blvd., Original, type 41 On-sale beer and wine, public
eating place.
Police: Protest based on above-average crime rate.
Planning: Conditional Use Permit required.
LE, Thanh and NGUYEN, The - "Vien Huong Restaurant" - 4702 W.
First St., #F, Person-to-Person transfer, type 41 On-sale beer
and wine, public eating place.
Police: No protest.
Planning: No action required.
CITY COUNCIL MINUTES 200 JULY 2, 1990
5,0,
SANQUIST, Candice and Craig and JONES, Jeffrey - "Togo's Eatery"
- 123 W. 17th Street, #F, Person-to-Person transfer, type 41
On-sale beer and wine, public eating place. Police: No protest.
Planning: No action required. FILE 405
TENTATIVE PARCEL/TRACT MAPS
MOTION:
Approve and file 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.
9oA,
TRACT MAP 14246 - 1102 W. Second St. - Filed by Habitat for
Humanity to subdivide .25 acres to facilitate the construction of
a three-unit condominium project - Planning and Building Agency.
Staff recommendation: Approval.
Zoning Administrator action: Approval. FILE 625.30
AGREEMENTS
MOTION: l) Authorize the City Attorney to prepare and the Mayor and
Clerk to execute agreement.
12.A.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE
- For the improvement of Flower Street from Santa Aha Boulevard
to Civic Center Drive in the amount of $396,000.00, with total
estimated construction costs of $740,000.00 including County's
share of being $344,000.00 - Public Works Agency.
A-90-072
2) Approve plans and specifications and authorize advertisement
for bids.
STREET IMPROVEMENT - FLOWER STREET - SANTA ANA BOULEVARD TO CIVIC
CENTER DRIVE - Public Works Agency. PROJ 1514
MOTION:
12.B.
l) Authorize the City Attorney to prepare and the Mayor and
Clerk to execute agreement.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF LOS
ANGELES AND THE COUNTY OF ORANGE - For a Public Works Mutual Aid
Agreement for use during major emergencies - Public Works Agency.
A-90-073
2) Designate.
Executive Director, Public Works Agency as Agreement Coordinator
for the City of Santa Ana. FILE 800
710
CITY COUNCIL MINUTES 201 JULY 2, 1990
BOARDS/CO)~ISSIONS/CO)~ITTEES
13.A.
MOTION:
13.A.1.
APPOINTMENTS
Continue consideration of appointment to the Evening Session.
(See Minutes page 208.)
Patricia Mill, 617 S. Starboard, recommended by COUNCILMEMBER
NORTON as the Ward 6 Representative to the Personnel Board for a
partial term expiring November 30, 1990. {Replacing Lechner)
MOTION:
13.A.2.
13.C.
MOTION:
13.B.1.
13.B.2.
13.B.3.
Appoint.
Ford S. Loverin, 1142 S. Ross, recommended by COUNCILMEMBER
PULIDO as the Ward 4 representative to the Housing Advisory
Commission for a partial term expiring November 30, 1990.
(Replacing Montes) FILE llO.15
RESIGNATIONS
Accept with regret; direct Clerk to post vacancy; authorize
preparation of appropriate recognition for service to the City.
R. E. Hanson, Private Sector representative to the Private
Industry Council, resigned June 18, 1990. FILE llO.15
Sam McFadden, Private Sector representative to the Private
Industry Council, resigned May 18, 1990. FILE llO.15
Manuel R. Flores, Senior representative to the Transportation
Advisory Committee, resigned June 18, 1990. FILE llO.15
UNINVESTIGATED LIABILITY CLAIMS
MOTION: Refer to administration for processing.
14.A. Claims received from June ll, 1990 to June 22, 1990 - Clerk of
FILE 415
the Council.
CLERK OF
MOTION:
15.A.1.
15.A.2.
THE COUNCIL REPORT
Instruct the Clerk to enter the following into the Minutes.
Pursuant to Government Code Section 54954.2, the June 18, 1990,
City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 8:45 a.m., June 14, 1990.
Pursuant to Government Code Section 54955, the Notice of the
Adjournment of the June 18, 1990, Council Meeting was posted on
the door of the Council Chambers, 22 Civic Center Plaza, at 12:15
a.m. June 19, 1990.
CITY COUNCIL MINUTES 202 JULY 2, 1990
15.A.3.
Pursuant to Government Code Section 54954.2, the June 19, 1990,
City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 3:00 p.m., June 15, 1990.
REPORTS
MOTION:
16.A.
Receive and file.
MONTHLY REPORT OF INVESTMENTS AS OF MAY 31, 1990 - Finance and
Management Services. FILE 310.25
HEARINGS
18.A.
MOTION:
18.B.
MOT I ON:
AND RELATED ACTIVITIES
HEARING OFFICER APPOINTMENT - ABATEMENT OF PUBLIC NUISANCE - 5310
W. SECOND STREET
Authorize.
Appointment and payment of a hearing officer to consider the
abatement of public nuisance at 5310 W. Second Street - Clerk of
the Council. FILE 135.05
HEARING OFFICER'S REPORT - DANCE PERMIT - THE RED TURTLE
Continue consideration of report to July 16, 1990.
Hearing officer's report in its entirety upholding the decision
of the Police Chief to deny a dance permit for the premises at
lO19 S. Fairview - Clerk of the Council. FILE 135.05
NON-CATEGORIZED ITEMS
19.A.
STREET NAME CHANGE - BIRTCHER DRIVE/TECH CENTER DRIVE - 12Il-1261
F~AST DYER ROAD
MOTION: Approve.
Request to reverse the names of the existing Tech Center Drive
with the existing Birtcher so that the main entry road to the
Orange County Business Center will be called Birtcher Drive -
Planning and Building Agency. FILE 1040.05
19.B. VIETNAMESE VOICES GRANT - SECOND YEAR PARTNERSHIPS
MOTION: Authorize.
Library staff to develop a grant proposal for a second year of
Partnerships for Change/Vietnamese Voices grant at the Newhope
Branch of the Santa Aha Public Library - Library.
FILE 210
CITY COUNCIL MINUTES 203 JULY 2, 1990
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 AFFIPJ4ATIVE. ABSENCES AT THIS MEETING
WILL BE RECORDED AS SUCH.
21.A PUBLIC EMPLOYEE RETIREMENT SYSTEM
(Adopted by Council on June 18, 1990, by unanimous vote.)
Ordinance published in the O.C. Reporter on June 22, 1990.
MOTION: Place ordinance on second reading.
ORDINANCE NS-2066 (URGENCY) - An Ordinance of the City of Santa
Aha Authorizing an Amendment to the contract Between the City
Council of the City of Santa ana and the Board of Administration
of the California Public Employees Retirement System. - Personnel
Services. A-90-071
21 .B.
MOTION:
AMENDMENT APPLICATION 1038 - 1200 N. MAIN
(Placed on first reading on June 18, 1990, by unanimous vote.)
Ordinance published in the O.C. Reporter on June 22, 1990.
Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2068 - An Ordinance of the City of Santa Aha
Rezoning Certain Property Located at 1200 North Main Street from
the C2 (General Commercial) District to the C3 (Central Business)
District. - Planning and Building Agency. FILE 625.05
21.C.
MOTION:
APPEAL APPLICATION 90-004 - 3730 SOUTH GREENVILLE
Adopt resolution.
RESOLUTION 90-074 - A Resolution of the City Council of the City
of Santa Ana Approving Conditional Use Permit No. 90-007 to Allow
a Board and Care Facility at 3730 South Greenville Street in the
C1 District. - Planning and Building Agency. FILE 625.15.05
*****END OF CONSENT CALENDAR*****
CITY COUNCIL MINUTES 204 JULY 2, 1990
BUSINESS SESSION
ORDINANCES - FIRST READING
25.A. VEHICLE ABATEMENT
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NS-2069 - An Ordinance of the City of Santa Ana
Amending Sections 16-111, 16-113 and 16-114 of the Santa Aha
Municipal Code Relating to Vehicle Abatement. - Police Department.
MOTION: Griset SECOND: Pulido
VOTE: AYES: Acosta, Griset, May, Norton, Pulido, Young
NOES: None
ABSENT: McGuigan FILE 402.15
ZOA 88-013 - OFF-STREET PARKING REGULATIONS
Continue consideration of Ordinance NS-2070 to August 6, lggO.
25.8.
MOTION:
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT:
SECOND: Norton
Acosta, Griset, May, Norton, Pulido, Young
None
McGuigan FILE 625.55.15
RESOLUTIONS
35.A. ARTERIAL HIGHWAY FINANCING PROGRAM - FY 90-91
MOTION: Adopt resolution.
RESOLUTION 90-071 - A Resolution of the City Council of the City
of Santa Aha to Provide Annual Requalification for Participation
in the Arterial Highway Financing Program for Fiscal Year
1990-91. - Public Works Agency.
MOTION: Acosta SECOND: Young
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, Norton, Pulido, Young
None
McGuigan FILE 1025
35.B. DESTRUCTION OF RECORDS - FINANCE AND MANAGEMENT SERVICES AGENCY
MOTION: Adopt resolution.
RESOLUTION 90-072 - A Resolution of the City Council of the City
of Santa Ana Approving the Destruction of Certain Records in the
Finance and Management Services Agency. - Clerk of the Council.
MOTION: Acosta SECOND: Pulido
CITY COUNCIL MINUTES 205 JULY 2, 1990
35.C.
MOTION:
35.D.
MOTION:
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, Norton, Pulido, Young
None
McGuigan FILE 310
NOVEMBER 1990 ELECTION CANDIDATE COSTS
Adopt resolution.
RESOLUTION 90-073 - A Resolution of the City Council of the City
of Santa Ana Establishing a Charge for Candidates' Statements to
be Submitted to the Electorate in the 1990 General Municipal
Election. - Clerk of the Council.
MOTION: Acosta SECOND: May
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, Norton, Pulido, Young
None
McGuigan FILE 145
SANITATION FEE - MULTI-FAMILY RESIDENCES
Adopt resolution.
RESOLUTION 90-076 - A Resolution of the City Council of the City
of Santa Ana Amending Resolution No. 90-069 to Revise the
Sanitation Charge on Multi-Family Residential Users. - Finance
and Management Services.
MOTION: May SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, Norton, Pulido, Young
None
McGuigan FILE 310.30
BUOGET ADJUSTMENTS
60.A.
APPROPRIATION ADJUSTMENT 324 - RESURFACING 17TH STREET - TUSTIN
AVENUE TO STATE ROUTE 55 {PROJ 1515)
MOTION: l) Authorize the City Attorney to prepare and the Mayor and
Clerk to execute agreement.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE
- For the resurfacing of 17th Street from Tustin Avenue to State
Route 55 - Public Works Agency. A-90-074
2) Approve. (Requires five affirmative votes.)
APPROPRIATION ADJUSTMENT 324 - Transferring $78,000.00 from
account 59-551-6631-PROJ 2503 to account 59-551-6631-PROJ 1515.
MOTION: Acosta SECOND: Griset
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, Norton, Pulido, Young
None
McGuigan FILE 310.05
CITY COUNCIL MINUTES 206 JULY 2, 1990
RECESSED TO HOUSING AUTHORITY - 5:26 P.M.
RECONVENED AND RECESSED TO CLOSED SESSION - ROOM 147 - 5:27 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 pendin9 litigation which had been
initiated formally, and to which the City was a party, to wit, Michalski
vs. City of Santa Aha (Worker's Compensation).
RECONVENED AND RECESSED TO DINNER - ROOM 831, CITY HALL - 5:30 P.M.
RECONVENED - COUNCIL CH/U4BERS - 7:48 P.M. - All Councilmembers present.
PLEDGE OF ALLEGIANCE
PRESENTATIONS
Proclamation declaring July 1990 as
"National Parks and Recreation Month,"
presented by MAYOR YOUNG to Allen Doby,
Executive Director of Recreation and
Community Services.
Certified Leisure Professional
Certificate issued by the National
Recreation and Parks Association
presented by MAYOR YOUNG to Allen Doby,
Executive Director, Recreation and
Community Services Agency.
City Seal Plaque presented by
COUNCILMEMBER MAY to John Stevens for
service on the Uniform Code Appeals
Board.
Proclamation commemorating the lOOth
Anniversary of the 4th Battalion (M)
160th Infantry Regiment presented by
COUNCILMEMBER NORTON to Robert W.
Delaney, Santa Ana Police Department.
OATH OF OFFICE
Administered by Janice C. Guy, Clerk of
the Council to Ford Loverin, Ward 4
representative to the Housing Advisory
Commission.
JOINT ACTION WITH THE CO~14UNITY REDEVELOPMENT AGENCY (See Agency Minutes)
CITY COUNCIL MINUTES 207 JULY 2, 1990
MOTION: Continue Public Hearing Items 75.A. and 75.B. to July 16, 1990.
75.A. FY 90-91 BUDGET
Public Hearing to consider the City's 90-91 Fiscal Year Budget and related
matters. FILE 310.10
75.8. GENERAL PLAN A~IENDMENT 90-007 - FRENCH PARK AND W. SANTA ANA
Proposal to amend the Land Use Element of the General Plan to redesignate
properties in Historic French Park (SD-19) from medium-density residential
to low-density residential, and establish in West Santa Ana a density
between 7 and 15 units per acre to facilitate single-family developments
on lots smaller than 6,000 square feet. FILE 625.20
MOTION: Acosta SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None
13.B.
MOTION:
13.A.1.
APPOINTMENTS
Appoint.
Patricia Mill, 617 S. Starboard, recommended by COUNCILMEMBER
NORTON as the Ward 6 Representative to the Personnel Board for a
partial term expiring November 30, 1990. {Replacing Lechner)
MOTION: Norton SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, May, Norton, Pulido
Griset, McGuigan, Young
None
FILE llO.15
3oPo
MOTION:
CABRILLO PARK DRIVE TREE PLAN
l) Direct staff to use an alternate plan to save the parkway
trees on Cabrillo Park Drive from Fruit Street to 17th Street.
FILE 1040
2) Rescind award.
STREET TREE REMOVAL (PHASE V) - To Professional Tree Care and
Landscaping - Public Works Agency. PROJ 2156
MOTION: Acosta SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None
CITY COUNCIL MINUTES 208 JULY 2, 1990
75.C.
Proposal
Street.
ABANDONMENT 89-A3 - HESPERIAN STREET - SANTA ANA BOULEVARD TO
FIFTH STREET
to vacate Hesperian Street from Santa Ana Boulevard to Fifth
Legal Notice published in the O.C. Reporter on June 22 and 29, 1990.
The Mayor opened the public hearing regarding Abandonment 89-A3 at
8:08 p.m.
Presentation of staff report and staff comments by: John Reekstin,
Project Manager, Community Development Agency
Presentation of written communications by Janice C. Guy, Clerk of the
Council: None
There were no speakers on the matter.
The Mayor closed the public hearing at 8:09 p.m.
Mayor Pro Tem Acosta indicated he had a conflict of interest concerning
the Abandonment and would be abstaining from the vote.
MOTION: Adopt resolution.
RESOLUTION 90-075 - A Resolution of the City Council of the City
of Santa Aha Vacating Hesperian Street Between Santa Aha
Boulevard and Fifth Street. - Community Development Agency.
MOTION: McGuigan SECOND: Pulido
VOTE: AYES: Griset, May, McGuigan, Norton, Pulido, Young
NOES: None
ABSENT: None FILE 1040.20
ABSTAINED: Acosta
REPORTS
55.A.
MOTION:
CHARTER REVIEW COMMISSION REPORT
Instruct the City Attorney to prepare an election ordinance
containing all amendments recommended by the Charter Review
Committee.
MOTION: Norton SECOND: May
VOTE: AYES: Acosta, May, Norton, Young
NOES: Griset, McGuigan, Pulido, Young
ABSENT: None
THE MOTION FAILED.
CITY COUNCIL MINUTES 209 JULY 2, 1990
NOTION:
Charter Section 404
Withdraw the following amendment recommended by the Charter
Review Committee for submission to the voters at the November 6,
1990 election from further consideration.
Increase Mayor's term to four years with a two-term limit.
Committee recommendation: Approval 8/1.
MOTION: Pulido SECOND: Griset
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, McGuigan, Pulido, Young
May, Norton
None FILE ll5
MOTION:
Charter Section 411
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Committee for submission to the
voters at the November 6, 1990 election in the appropriate
election ordinance.
Provide that any Councilmember may submit items for inclusion in
the City Council Agenda.
Committee recommendation: Approval 9/0.
MOTION: McGuigan SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, May, McGuigan, Norton, Pulido, Young
Griset
None FILE ll5
MOTION:
Charter Section 421
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Committee for submission to the
voters at the November 6, lggo election in the appropriate
election ordinance.
Increase dollar amount to $15,000 for contracts which may be
awarded without Council approval with provision for adjustment of
upper contract limit based on the consumer price index, and
provide for developer reimbursement for public works construction.
Committee recommendation: Approval 9/0.
MOTION: May SECOND: Acosta
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Young
Pulido
None FILE 115
CITY COUNCIL MINUTES 210 JULY 2, 1990
MOTION:
Charter Section 424
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Committee for submission to
the voters at the November 6, 1990 election in the appropriate
election ordinance.
Authorize appointment of a Charter Review Committee after each
Federal Census to make recommendations concerning any amendments
to the Charter.
Committee recommendation: Approval 9/0.
MOTION: Griset SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None FILE ll5
MOTION:
Charter Section 500
Withdraw the following amendment recommended by the Charter
Review Committee for submission to the voters at the November 6,
1990 election from further consideration.
Provide for removal of City Manager by a majority vote of the
City Council.
Committee recommendation: Approval 5/4.
MOTION: McGuigan SECOND: Griset
VOTE:
AYES:
NOES:
ABSENT:
Griset, McGuigan, Pulido, Young
Acosta, May, Norton
None
FILE ll5
RECESSED - 9:06 P.M.
RECONVENED - 9:20 P.M. - All Councilmembers present.
MOTZO#:
Charter Section 614
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Committee for submission to
the voters at the November 6, 1990 election in the appropriate
election ordinance.
Provide for a longer time period for receipt of claims against
the City where permitted by law.
Committee recommendation: Approval 9/0.
CITY COUNCIL MINUTES 211 JULY 2, 1990
MOTION:
MOTION:
MOTION:
MOTION: Acosta
VOTE: AYES:
NOES:
ABSENT:
SECOND: Norton
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None FILE 115
Charter Sections 501 and 700
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Committee for submission to
the voters at the November 6, 1990 election in the appropriate
election ordinance.
Provide for City Council approval of department head
appointments.
Committee recommendation: Approval 6/3.
MOTION: Acosta SECOND: May
VOTE:
AYES:
NOES:
ABSENT:
Acosta, May, Norton, Pulido
Griset, McGuigan, Young
None
FILE ll5
Charter Sections 701 and 703
Withdraw the following amendment recommended by the Charter
Review Committee for submission to the voters at the November 6,
1990 election from further consideration.
Provide for removal of City Attorney by a majority vote of the
City Council, remove potential conflict for City Attorney in
legal actions against Councilme~ers, and provide direction for
the City Council in the event of the City Attorney's
disqualification in an action against a Councilmember.
Committee recommendation: Approval 7/2.
MOTION: Griset SECOND: McGuigan
VOTE:
AYES:
NOES:
ABSENT:
Griset, McGuigan, Pulido, Young
Acosta, May, Norton
None
FILE ll5
Charter Section 702
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Committee for submission to
the voters at the November 6, 1990 election in the appropriate
election ordinance.
Remove the requirement to attach certificates to ordinances and
resolutions verifying same to be originals or correct copies and
to ordinances verifying their publication.
Committee recommendation: Approval 9/0.
CITY COUNCIL MINUTES
212 JULY 2, 1990
MOTION: McGuigan
SECOND: Norton
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None FILE 115
MOTION:
10.
Charter Section 705
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Conmnittee for submission to
the voters at the November 6, 1990 election in the appropriate
election ordinance.
Provide for City Council annual review of Council appointees'
performance on or before each appointee's anniversary date.
Committee recommendation: Approval 9/0.
MOTION: Acosta SECOND: Norton
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None FILE ll5
MOTION:
ll.
Charter Section ll07
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Committee for submission to
the voters at the November 6, 1990 election in the appropriate
election ordinance.
Provide that value of gifts to City officers and employees
conform to State law.
Committee recommendation: Approval lO/O.
MOTION: Pulido SECOND: Young
VOTE:
AYES:
NOES:
ABSENT:
Acosta, May, McGuigan, Norton, Pulido, Young
Griset
None FILE ll5
MOTION:
12.
Charter Section 1502
Instruct the City Attorney to include the following amendment
recommended by the Charter Review Committee for submission to
the voters at the November 6, 1990 election in the appropriate
election ordinance.
Provide that misdemeanor Charter violations may be punished in
the same manner as misdemeanor state law violations - City
Manager.
Committee recommendation: Approval 9/0.
CITY COUNCIL MINUTES 213 JULY 2, 1990
70.A.
MOTION:
MOTION: Norton
VOTE: AYES:
NOES:
ABSENT:
SECOND: May
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None FILE 115
CLOSED SESSION REPORT
Authorize settlement as follows:
l) Michalski vs. City of Santa Ana {Worker's Compensation),
stipulation in the amount $11,270.00.
MOTION: Young SECOND: May
VOTE: AYES:
NOES:
ABSENT:
ABSTAINED:
Griset, May, McGuigan, Norton, Pulido, Young
None
None FILE 410.10
Acosta
COMMENTS
90.A. PUBLIC COMMENTS
Douglas Smith, 1916 S. Cedar, complained that he had received unfair
treatment by members of the Police Department concerning an incident at
the Law Library. The Mayor referred Smith to the City Manager's office
for assistance.
A1 and Sharon Carney, 2441 S. Park Drive, presented a proposal for a
program which would provide additional localized policing through the use
of Sector Patrol Officers and reinstated Crime Prevention Police Service
Officers. The Mayor requested the proposal be placed on a future agenda
as a Study Session item.
Don R. Williams, 2605 N. Deodar Street, requested help from the City with
the extension of a Cal-Trans sound wall at the rear of his property. The
Mayor referred Williams to Jim Ross, Executive Director, Public Works
Agency, for assistance.
Hal Gosse, Chair of the Charter Review Committee, criticized the Council
for not submitting all of the recommendations of the Committee to the
voters.
Paula Cobb, lO12 Cabrillo Park Drive, and Terri B. Joseph, 1044-F
Cabrillo Park Drive, thanked staff for its assistance in helping their
neighborhood retain the trees on Cabrillo Park Drive, but expressed
concerns regarding restitution to the neighborhood associations should
the City fail to follow proper procedures during sidewalk reconstruction
on Cabrillo Park Drive. Ms. Joseph urged establishment of a tree
preservation committee and tree ordinance to prevent any destruction of
trees in the future.
CIl~F COUNCIL MINUTES 214 JULY 2, 1990
Robert Unetic, 1460-E Cabrillo Park Drive, expressed concerns regarding
the safety hazards created by the current sidewalk reconstruction project
along Cabrillo Park Drive.
Franklin Schott, 206 E. Pomona, complained to the Council regarding the
permit process required for a small house remodeling project in Heninger
Park. The Mayor requested the City Manager investigate the circumstances.
Coween Dickerson, 3941 S. Bristol, E-50, criticized the Council for not
placing all of the items recommended by the Charter Review Committee on
the ballot. She also expressed concerns to the Council regarding
problems she was having wi th the Code Enforcement Division relative to
her decision not to water her lawn nor maintain water in her swimming
pool.
Glenn Mondo, 3413 S. Timber, expressed the opinion that several
Councilmembers had a conflict of interest concerning the City Attorney
since they were involved in litigation against the City and should not
have voted concerning the Charter amendment proposal relative to the City
Attorney.
90.C. COUNCIL COMMENTS
Councilmen,)er Norton expressed the opinion that removal of the City
Manager and City Attorney by a simple majority was simply a good business
practice. He also acknowledged Mr. Mondo's candidacy for the position of
Councilmember, Ward 6. Norton indicated that he would be providing the
Council with information relative to a Police Benefit Assessment District
and that he hoped to place an advisory measure concerning such a district
on the November ballot. He requested the City Attorney to provide the
Council with language which would set the number of votes to remove the
Clerk of the Counci~t five, the same as currently required for removal of
the City Manager and City Attorney.
Councilmembers Pulido and McGuigan wished the listening audience a happy,
safe, and sane Fourth of July. Councilmember McGuigan encouraged
attendance at the City's Fireworks Show at the Santa Ana Stadium on that
day.
Mayor Pro Tem Acosta inquired as to when the issue of regulating grocery
push carts would be set for Council Study Session. Councilmember Pulido
indicated the City Manager had advised him this matter would be placed on
the agenda as a Study Session item in the very near future.
Mayor Pro Tem Acosta requested the Council consider establishing a Senior
Citizen Advisory Committee. In response to his inquiry as to what
recommendation the Charter Review Committee had made regarding Council
assistants, Senior Management Assistant Francisco Gutierrez responded
that the Committee had considered but made no recommendation concerning
that issue.
The Fire Chief reported to Mayor Pro Tem Acosta that the City had sent
engine companies to two of the major fires in Southern California during
the last week as a result of Mutual Aid Agreements.
CITY COUNCIL MINUTES 215 JULY 2, 1990
Councilmember Griset reminded the Council that the previously continued
confidentiality ordinance would be returning to the Agenda at the next
Council meeting.
Mayor Pro Tem Acosta suggested that only the appointees and
Councilmembers be in attendance during Closed Session, and that the Clerk
be assigned the responsibility to take notes concerning Closed Session
items. The Mayor indicated those suggestions could be considered with
the confidentiality ordinance.
Mayor Young requested the City Attorney to work through the League of
California Cities and the City Attorney's Association to investigate
options regarding an ethics package for the Council.
ADJOURJ(MENT - ll:19 P.M.
~ei/Ce C. Guy
rk of the Council
CITY COUNCIL MINUTES 216 JULY 2, 1990