HomeMy WebLinkAbout10-01-1990 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
S/U¢TAANA, CALIFORNIA
OCTOBER l, lggO
The meeting was called to order at 4:29 p.m. in Room 147, Council Chambers,
22 Civic Center Plaza by Mayor Dan Young. Councilmembers present were John
Acosta, Ron May, Patricia A. McGuigan, and Rick Norton. Also present were
City Manager David N. Ream, City Attorney Edward J. Cooper and Clerk of the
Council Janice C. Guy.
Councilmembers Daniel E. Griset and Miguel A. Pulido joined the meeting at
4:59 p.m.
COUNCIL STUDY SESSION
DEVELOPMENT STANDARDS REVISIONS
Robyn Uptegraff, Executive Director, Planning and Building Agency, briefly
reviewed proposed revisions to the City's Parking Standards, Indoor Swap
Meet definition, Residential Standards, and Service Station and Automotive
Repair Standards, and responded to Councilmembers' questions on those
subjects.
CONSENT CALENDAR REVIEW
Councilmembers discussed concerns with respect to Consent Calendar Items.
RECESSED - 4:53 P.M.
RECONVENED- COUNCIL CHAMBERS - 4:59 P.M. - All Councilmembers present.
CONSENT CALENDAR
The Mayor announced the following changes to the Consent Calendar:
l) Removal of Items 8.A. and 21.A. for separate discussion and
action.
2) Registration of an abstention on Item 12.A. by Mayor Young
MOTION: Approve the following Consent Calendar items:
MOTION: McGuigan SECOND: Young
VOTE: AYES: Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
NOES: None
ABSENT: None
CITY COUNCIL MINUTES 297 OCTOBER l, 1990
MINUTES
MOTION:
1.A.
Approve Minutes.
REGULAR MEETING OF SEPTEMBER 17, 1990
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Approve plans and specifications and authorize advertisement for
bids.
2oA.
NOISE ATTENUATING CO~4UNICATION SYSTEMS (FOUR) - Fire Department.
SPEC 90-062
2oBo
MICRO COMPUTER MAINTENANCE - Finance and Management Services.
SPEC 90-065
2.0,
MICRO COMPUTER PURCHASE - Finance and Management Services.
SPEC 90-066
PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES
MOTION: Approve plans and specifications and authorize advertisement for
bids.
3.Ao
STREET IMPROVEMENTS - SIXTH AND SHELTON - LANDSCAPE RENOVATION IN
THE CIVIC CENTER - Recreation and Community Services Agency/Public
Works Agency. PROJ 1517/9049/9059/9060
3.Bo
STREET IMPROVEMENTS - CYPRESS/ORANGE AVENUES FROM McFADDEN TO
FIRST - Public Works Agency. PROJ 7409/7068
CHANGE ORDERS
MOTION: Approve.
4oA°
COMPUTER INTEGRATION SYSTEM NETWORK - Deletion of extended
maintenance portion of the award to Forbes Computer Group, Inc.
resulting in a cost reduction of $60,652.39; and inclusion of said
maintenance in the bid call for SPEC 90-065 - Planning and
Building Agency. SPEC 90-022
ALCOHOLIC BEVERAGE CONTROL APPLICATIONS
MOTION: Receive and file report.
5.Ao
HOANG, Ly and Thong - "Newport Seafood Market" - 1734 W. First,
#G, Original, type 20 Off-sale beer and wine.
Police: Protest based on applicants' misrepresentation on
application, above-average crime rate and over-
concentration of ABC licenses in area.
Planning: Conditional Use Permit required.
CITY COUNCIL MINUTES 298 OCTOBER l, 1990
5,B,
5oCo
SERRANO, George and JoAnna - "Wiener Works" - 3705 S. Bristol,
Original, type 41 On-sale beer and wine, public eatin9 place.
Police: No protest.
Planning: No action required.
BARBA, Maria and Ezequiel - "El Cortez Restaurant" - llO0 S.
Grand, Person-to-Person transfer, type 47 On-sale general, public
eating place.
Police: No protest.
Planning: No action required. FILE 405
CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS
8oAo
CUP 90-015 - Removed for separate discussion and action. (See
Minutes page 301.)
MOTION: Approve and file Negative Declaration and Findings of Fact.
8.Bo
VA 90-008 - 1312-1440 W. First St. - Filed by Rudy Murrietta to
allow variances from on-site landscaping, front yard setbacks,
side yard setbacks, for parking adjacent to residential uses and
for non-integrated parking, and to allow a reduction in parking to
permit the construction of a new office building in the C1 and C2
Districts - Planning and Building Agency.
Staff Recommendation~ Approval.
Planning Conmnission Action: Approval. FILE 625.45
AGREEMENTS
MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to
execute agreements.
12.A.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA SHOPPING
CENTER PARTNERS - For five-year lease of office space at 1234 E.
17th St. for the Police Department Santiago District Substation,
at the monthly rate at $3,105.00 - Comnunity Development Agency.
{MAYOR YOUNG REGISTERED AN "ABSTENTION") A-90-100
12.B.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF OP~ANGE -
For the purchase of gasoline and metor oil supplies for Police
vehicles until construction of the new City Yard is completed -
Finance and Management Services. A-90-101
UNINVESTIC~TED LIABILITY CLAIMS
MOTION: Refer to administration for processing.
14.A. Claims received from Septe~er lO, 1990 to September 21, 1990 -
Clerk of the Council. FILE 415
CITY COUNCIL MINUTES 299 OCTOBER l, 1990
CLERK OF THE COUNCIL REPORT
MOTION:
15.A.1.
Instruct Clerk to enter notice of posting into the Minutes.
Pursuant to Government Code Section 54954.2, the September 17,
1990, City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 3:30 p.m., September 12, 1990.
HEARINGS AJ(D RELATED ACTIVITIES
MOTION: Authorize.
18.A.
Appointment and payment of a hearing officer to consider the
appeal by William Sheffield from the notice to clean premises at
1215 N. Ross St. - Clerk of the Council. FILE 135.05
NON-CATEGORIZED ITEMS
MOTION: Adopt.
19.A. INVESTMENT POLICY FOR THE CITY OF SANTA ANA - Finance and
Management Services. FILE 310.25
ORDINANCES SECOND REAJ)ING/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.
CLOSED SESSION CONFIDENTIALITY - GRISET - Removed for separate
discussion and action. (See Minutes page 301.)
21.B. ZOA 88-013 - OFF-STREET RESIDENTIAL PARKING REGULATIONS (GRISET)
(Placed amended ordinance on first reading on September 17, 1990,
by unanimous vote.)
Ordinance published in the O.C. Reporter on September 21, 1990.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NS-2087 - An ordinance of the City of Santa Ana
revising the off-street residential parking regulations in the
zoning chapter of the Municipal Code. - Planning and Building
Agency FILE 625.55.15
*****END OF CONSENT CALENDAR*****
CITY COUNCIL MINUTES 300 OCTOBER 1, 1990
BUSINESS SESSION
CONDITIONAL USE PERMIT
MOTION:
Approve and file Negative Declaration and Findings of Fact
subject to applicant's compliance with all Uniform Building and
Uniform Fire Code regulations.
8DAD
CUP 90-015 - 1201 E. McFadden Avenue - Filed by Abraham
Stoftenmacher of I.A.D.E. American Schools to allow a commercial
trade school use within an existing 28,800 square foot building
in the M1 District - Planning and Building Agency.
Staff Recommendation: Approval.
Planning Commission Action: Approval.
MOTION: Young SECOND: Acosta
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None FILE 625.15
ORDINANCE SECOND READING
21.A. CLOSED SESSION CONFIDENTIALITY - GRISET
Ordinance published in the O.C. Reporter on August 10, 1990.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NS-2067 - An ordinance of the City of Santa Aha adding
Section 2-108 to the Santa Ana Municipal Code prohibiting
disclosure of Closed Session discussions without authority of the
City Council.
MOTION: Griset SECOND: McGuigan
VOTE: AYES:
NOES:
ABSENT:
Griset, McGuigan, Pulido, Young
Acosta, May, Norton
None
FILE 120.00
CITY COUNCIL MINUTES 301 OCTOBER l, 1990
ORDZNANCE FIRST READING
25.A.
ZOA 90-008 - SUBDIVISION OF EXISTING MULTI-FAMILY APARTMENTS INTO
INVESTMENT APARTMENTS
MOTION:
Continue consideration of Zoning Ordinance Amendment 90-008 to
October 15, 1990 and schedule "Investment Apartments" as a Study
Session item on the October 15 Council agenda.
MOTION: Acosta SECOND: Young
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None FILE 625.55
Councilmember Norton requested that the reduction of the number of
high-density dwellings in the City also be scheduled as a Study Session
item.
RESOLUTIONS
35.A. CONFIDENTIALITY ORDINANCE IMPLEMENTATION
MOTION: Adopt resolution.
RESOLUTION 90-085 - A resolution of the City Council authorizing
the City Manager and the City Attorney to disclose information
from Closed Session as deemed necessary or appropriate. - City
Manager's Office
MOTION: Acosta SECOND: McGuigan
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None FILE 130
None 410.
35.B. FEDERAL AID PROJECT - WESTMINSTER WIDENING (PROJ 1440)
MOTION:
Adopt resolution.
RESOLUTION 90-097 - A resolution of the City Council of the City
of Santa Aha authorizing the Executive Director of the Public
Works Agency to execute certain program supplements to the
agreement between the City of Santa Aha and the State of
California regarding the Westminster Avenue widening project. -
Public Works Agency
MOTION: McGuigan SECOND: Pulido
VOTE: AYES: Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
NOES: None
ABSENT: None FILE 1040
CITY COUNCIL MINUTES 302 OCTOBER l, 1990
REC£SSEDTO HOUS[N6 AUTHORITY - 5:09 P.M.
RECONVENED AND RECESSED TO CLOSED SESSION - ROOM 147 - 5:10 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:
Guillory vs. City of Santa Aha
Nunez vs. City of Santa Aha
Seltzer vs. City of Santa Aha
Brassil, et al vs. City of Santa Aha
Taylor vs. City of Santa Ana (Worker's Compensation)
Villareal vs. City of Santa Aha (Worker's Compensation)
Farani vs. City of Santa Aha
Ritters vs. City of Santa Ana
RECONVENED - COUNCIL CHAMBERS - 5:30 P.M. - All Councilmembers present.
70.A.
MOTION:
CLOSED SESSION REPORT
Authorize settlements as follows:
Villareal vs. City of Santa Aha (Worker's Compensation),
compromise and release in the amount of $26,000.00.
Taylor vs. City of Santa Ana (Worker's Compensation), stipulation
in the amount of $15,407.00.
Seltzer vs. City of Santa Ana, in the amount of $25,000.00.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT:
SECOND: McGuigan
Acosta, Griset, May, McGuigan, Norton, Pulido,
You ng
None
None
MOTION:
Authorize settlement of Nunez vs. City of Santa Ana in the amount
of $150,000.00.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT:
SECOND: McGuigan
Acosta, Griset, May, McGuigan, Pulido, Young
Norton
None
CITY COUNCIL MINUTES 303 OCTOBER l, 1990
MOTIO#:
Make a finding that any judgment against former Police Chief Ray
Davis, former Deputy Police Chief Eugene Hanson, and currently
employed Police Lt. Mike Foote would be based on conduct while
said employees were acting in the course and scope of their
employment, that they acted in good faith without actual malice
and in the apparent best interest of the City, and that payment
of any punitive damages is in the best interest of the City.
MOTION: Pulido SECOND: McGuigan
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Pulido, Young
Norton
None FILE 410.10
RECESSED TO DINNER - ROOM 831, CITY HALL - 5:35 P.N.
RECONVENED IN COUNCIL CHA&4BERS - 7:38 P.M. - All Councilmembers present.
PLEDGEOF ALLEGIANCE
PRESENTATIONS
Kathleen Sage presented to the City
Council a petition from several hundred
Orange County Employees in support of
the Santa Ana Police Department's effort
to maintain a safe atmosphere for
citizens who visit the Civic Center.
Proclamation conmnending Westec Security
Inc. for "IT'S BAD (Business Against
Drugs)," a program designed to eliminate
drugs in the work place and promote a
drug free society, presented by
COUNCILMEMBER NORTON to Roger Barreto,
and Don Scroggins of Westec Security.
Proclamation declaring December 2-8,
1990, as "Christmas Cantree Week,"
presented by COUNCILMEMBER GRISET to
Dion Baker, board member of East Orange
County Board of Realtors and California
Association of Realtors.
Proclamation declaring October 15-19,
1990, as "School/Business Partnership
Week," presented by COUNCILMEMBER PULIDO
to Dr. Rudy Castruita, Superintendent of
the Santa Ana Unified School District
and Michael Metzler, President of the
Greater Santa Aha Chamber of Commerce.
CITY COUNCIL MINUTES 304 OCTOBER 1, 1990
EVENING SESSION
PUBLIC HEARINGS
75.A.
GPA 90-008 - AMENDMENT APPLICATION 1043 AND SPECIFIC DEVELOPMENT
PLAN 58 - ENVIRONMENTAL IMPACT REPORT - DEVELOPMENT AGREEMENT
90-003 - CALIFORNIA PACIFIC PROPERTIES - 3310 LAKE CENTER DRIVE
Request by Nadel Partnerships representing California Pacific Properties
for a General Plan amendment, zone change, development agreement, and
certification of the Environmental Impact Report to acconmodate the
completion of Lake Center Business Park at 3310 Lake Center Drive.
General Plan Amendment 90-008 would revise the floor area ratio from .04
to .72 as the building intensity maximum. Amendment Application 1043
would rezone the property from the M1 {Light Industrial) District to the
SD-58 {Specific Development) District.
Recommended for approval by the Planning Commission on September 10, 1990,
by the following vote:
AYES:
NOES:
ABSENT:
Miller, Mills, Sizemere, Spevacek
None
Casteix, Godinez, Hanna
Legal Notice published in the Register and mailed September 21, 1990.
Mayor Young indicated he had a conflict of interest concerning this matter
and left the meeting.
Mayor Pro Tem Acosta opened the public hearing at 7:57 p.m. concerning all
actions related to completion of the Lake Center Business Park project.
Presentation of slides and staff report, Planning Con~nission
recommendation and staff comments by: Robyn Uptegraff, Executive
Director, Planning and Building Agency
Presentation of written communications by Janice C. Guy, Clerk of the
Council: None
Greg Butcher, representing California Pacific Properties, Inc., spoke in
favor of the project.
There were no other speakers on the matter.
The Mayor Pro Tem closed the public hearing at 7:58 p.m.
MOTION: l) Adopt resolutions.
RESOLUTION 90-098 - A resolution of the City Council of the City
of Santa Ana certifying the environmental impact report for the
Lake Center Business Park Project and adopting findings regarding
such project pursuant to the California Environmental Quality Act.
FILE A-90-102
CITY COUNCIL MINUTES 305 OCTOBER l, 1990
RESOLUTION 90-099 - A resolution of the City Council of the City
of Santa Aha amending the General Plan to establish new building
intensity standards for the Lake Center Development Site IGPA
90-8). FILE 625.20
2) Place ordinance on first reading and authorize publication of
title.
ORDINANCE NS-2089 - An ordinance of the City of Santa Aha
rezoning certain property located on Lake Center Drive and Susan
Street from the M1 ILight Industrial) District to the SD
(Specific Development) District, adopting Specific Development
Plan No. 58 for said property, and approving a development
agreement between the City of Santa Aha and California Pacific
Properties pertaining to said property. A-90-102
FILE 625.05
MOTION: Pulido SECOND: McGuigan
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, May, McGuigan, Norton, Pulido
None
Young
90.A. PUBLIC COMMENTS
Eddie Bentley, President of the Santa Ana City Employees Association,
cited a lack of communication between Library staff and the Library
Director, and no confidence on the part of the Library staff regarding the
Library Director, and requested the Council direct the City Manager to
investigate circumstances causing Library staff members to work in fear of
their jobs.
Mayor Young requested the City Manager investigate the situation and
provide a status report to the Council in two weeks.
75.B. EMINENT DOMAIN ACQUISITION - 2017, 2019, AND 2025 N. BROADWAY
Proposal to acquire by condemnation a portion of certain real property
commonly known as 2017, 2019 and 2025 N. Broadway for drainage purposes.
Legal Notice mailed September 7, 1990.
MOTXO#: Continue the public hearing regarding acquisition by eminent
domain of property at 2017, 2019, and 2025 N. Broadway to October
15, 1990, at the request of staff.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT:
SECOND: McGuigan
Acosta, Griset, May, McGuigan, Norton, Pulido,
Young
None
None FILE 630.05
CITY COUNCIL MINUTES 306 OCTOBER l, 1990
ORDINANCES FIRST READING
25.B. ZOA 90-009 - REVISION OF INDOOR SWAP MEET DEFINITION
Staff reported presented by: Robyn Uptegraff, Executive Director,
Planning and Building Agency.
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NS-2090 - An ordinance of the City of Santa Aha
amending Section 41-79.5 of the Santa Aha Municipal Code to
clarify the definition of "Indoor Swap Meet." - Planning and
Building Agency
MOTION: Griset SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
ABSTAINED:
Acosta, Griset, May, McGuigan, Pulido, Young
None
None
Norton FILE 625.55
25.C.
ZOA 88-013 - OFF-STREET PARKING REGULATIONS FOR NON-RESIDENTIAL
USES AND PARKING STANDARDS POLICY STATEMENTS
Staff report presented by: Robyn Uptegraff, Executive Director, Planning
and Building Agency, and Larry Yenglin, Associate Planner.
MOTION:
Amend Ordinance by deleting sections relating to automobile
repair and automobile servicing (41-1347), and dance clubs,
cabarets, nightclubs and bars (41-1379), and correct page 22 of
the ordinance accordingly, and place ordinance on first reading
and authorize publication of title.
ORDINANCE NS-2091 - An ordinance of the City of Santa Ana
revising the off-street parking regulations in the Zoning
Chapter of the Municipal Code.
2)
All ow all projects which have been formally submitted to
plan check to be exempt from these standards. - Planning and
Buil ding Agency.
Approve.
Parking Standards Policy Statements as outlined in staff's
memorandum dated October 1, 1990.
MOTION: Pulido SECOND: Griset
Following discussion Councilmember Griset withdrew his second.
Councilmember May offered to second the motion.
CITY COUNCIL MINUTES 307 OCTOBER l, 1990
SUBSTITUTE MOTION: Continue consideration of all actions relating to
Zoning Ordinance Amendment 88-013 to October 15, lggO.
MOTION: Norton SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, May, Norton, Pulido
Griset, McGuigan, Young
None
FILE 625.55.15
1030
CO~iENTS
90.A. PUBLIC COMMENTS
Jim Carpenter, ll09 N. Lyon, requested the Council consider the homeless
problem in light of the lack of affordable housing in the area, and
invited the Councilmembers to attend a "Housing Now" rally on Saturday,
October 6, 1990 at Garden Grove Park.
Kim McPeck, 1823 S. Ross, requested the Bristol Manor Neighborhood
Association be consulted regarding development of a vacant lot at the
northwest corner of Flower Street and Warner Avenue. McPeck commended
the Police Department on effective procedures in shutting down a large
party in his neighborhood, and also encouraged attendance at a Council
Candidate forum to be held on Tuesday evening, October 2, 19go, at the
Police Annex.
Miles Leach, 2025 W. Tenth Street, suggested the Council consider
eliminating wards in the City since Councilmembers are voted on not by
ward, but at-large. He also requested the Council take action to remove
the diverters at Washington and Flower Streets due to the failure, in his
opinion, of the Washington Neighborhood Traffic Protection Plan.
Florence Leach, 2025 W. Tenth Street, invited the public to a Candidate
forum scheduled at Sepulveda Elementary School, 1818 S. Bristol Street,
on October 18, 1990 at 7:00 p.m.
90.C. CITY COUNCIL COMMENTS
Mayor Pro Tem Acosta congratulated Mrs. Acosta on her 35th Wedding
Anniversary, Assistant City Manager Debbie Kurita on her 7th Wedding
Anniversary, and Councilmember Norton on his 40th Birthday.
Acosta urged the Council to submit a letter to the Civic Center
Commission encouraging institution of a grace period when traffic
departing the Civic Center was exceptionally heavy and caused drivers in
line to pay an additional half-hour charge. He indicated he would be
providing the City Manager with six locations where recycling activity
was taking place without the required Land Use Certificate.
CITY COUNCIL MINUTES 308 OCTOBER l, 1990
Councilmember Norton reported passage of SB 1977 which would delay
issuance or suspend drivers' licenses of persons under 18 who were guilty
of painting graffiti, and recommended that information be forwarded to
the local high schools. He also requested the City Attorney to research
the recent chart§es to the Brown Act (SB 62) and prepare lan§uage which
would retain the current Brown Act posting requirements in the City of
Santa Aha.
Councilmember McGuigan requested that the City employees who had recently
participated in the Sand Castle competition be recognized at a future
Council meeting for their winning entry. She also encouraged the
listening audience to participate in "Ride Share" Week.
Mayor Young reported that he had recently met with the presidents of the
City's neighborhood associations who expressed great interest in banning
overnight street parking in the City. He asked the City Manager to
provide him wi th the schedule for implementation of the ban on overnight
street parking in the Willard Neighborhood, and also suggested the
neighborhood associations be canvassed regarding their interest in
participating in similar bans in their neighborhoods.
ADJOURNMENT - 9:Og P.M.
~ice C. Guy ~
Clerk of the Council
CITY COUNCIL MINUTES 309 OCTOBER l, 1990