HomeMy WebLinkAbout03-04-1991 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL ·r THE CITY OF
S~TA A~A, CALIFORNIA
MARCH 4, 1991
The meeting was called to order at 4:35 p.m. in Room 147, Council Chambers,
22 Civic Center Plaza, by Mayor Dan Young. Councilmembers present were John
Acosta, Daniel E. Griset, Patricia A. McGuigan, Rick Norton, Miguel A.
Pulido, and Robert L. Richardson. Also present were Assistant City Manager
Deborah Kurita, City Attorney Edward J. Cooper and Assistant Clerk of the
Council William Z. Navaja.
The Clerk of the Council and the City Manager joined the meeting at 5:00 p.m.
and 5:15 p.m. respectively.
COUNCIL STUDY SESSION
SOLID WASTE DtANAGEMENT PLAN UPDATE
Public Works Administrative Services Manager Teri Cable briefed Council on AB
939 which requires each City to prepare an integrated Waste Management Plan
that would contain source reduction, recycling and household hazardous waste
elements. She reported AB 939 also includes requirements to divert 25% of
solid waste from landfills by 1995 and 50% by 2000--with fines of up to
$10,000 per day for non-compliance.
Staff responded to Councilmembers' questions on the sampling procedures used
to create the baseline data on the geographical origin and composition of
waste. Councilmember McGuigan, who serves as the Co-chairperson of the
Orange County Local Task Force for the administration of AB 939, described
the complexity of the AB 939 process and thanked staff for its excellent
presentation.
CONSENT CALENDAR REVIEW
Councilmembers had no concerns with respect to Consent Calendar items.
RECESSED - 5:15 P.M.
RECONVENED - 5:15 P.M. - All Councilmembers present.
CONSENT CALENDAR
MOTION: Approve staff recommendations on the following Consent Calendar
items:
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT:
SECOND: Acosta
Acosta, Griset, McGuigan, Norton, Pulido,
Richardson, Young
None
None
CITY COUNCIL MINUTES 62 MARCH 4, 1991
MINUTES
MOTION:
1.A.
Approve Minutes.
REGULAR MEETING OF FEBRUARY 19, 1991
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council action.
2oAo
RECREATION BROCHURES - To Shorco Publishing, Inc. for a two-year
contract in an amount not to exceed $68,141.84 - Recreation and
Community Services Agency. SPEC 90-081
2oBo
1/2 TON TRUCK - REPLACEMENT - To Downey Auto Center in the amount
of $10,541.37 - Finance and Management Services Agency
SPEC 90-084
2,0.
BREATHING APPAP~ATUS AND ACCESSORIES - To Safety Supply America in
the amount of $17,472.51 - Fire Department SPEC 91-008
PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES
MOTION: Award in accordance with Request for Council action.
3oA.
TREE TRIMMING - VARIOUS STREETS (PHASE V) - To V & E Tree Service
in the amount of $49,680.95 - Public Works Agency
PROJ 2162
ALCOHOLIC BEVERAGE CONTROL APPLICATIONS
MOTION: Receive and file reports.
SoA.
LIEU, Thanh and THAI, Quoc - "Harbor Liquor" - 401 N. Harbor
Blvd., Person-to-person transfer, type 20 Off-sale beer and wine
Police: No protest
Planning: No action required
MALAGON, Adelina - "Mexico Lindo" - 515 N. Main, #B,
Person-to-person transfer, type 41 On-sale beer and wine, public
eating place
Police: No protest
Planning: No action required
5,0,
VALENCIA, Arturo and Miguel - "La Colima Restaurant" - 130 N.
Fairview, #A and C, Person-to-person transfer, type 41 On-sale
beer and wine, public eating place
Police: No protest
Planning: No action required
5,Do
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: No action required FILE 405
CITY COUNCIL MINUTES 63 MARCH 4, 1991
TENTATIVE PARCEL/TRACT ~U~PS
MOTION: Approve rescission of tract map.
goAo
TRACT MAP 14399 - 201 N. Fairview Street - Filed by William A.
Teipe {will revert the property to one parcel) - Planning and
Building Agency FILE 625.30
FINAL PARCEL/TRACT MAPS
MOTION: Approve final map; accept the dedications thereon.
IO.A.
TRACT MAP 11640 - 802 E. Pine Street - Consolidates 0.64 acre of
land into one parcel for the purpose of developing a 29-unit
residential condominium project. FILE 625.30
AGREEMENTS
MOTION: Authorize the City Attorney to prepare and the Mayor and Clerk to
execute agreement.
12.A.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TOM BYSTRY - For
video engineering services in the amount of $29,120.00 -
Recreation and Community Services Agency A-91-020
BOARDS/CO)~41SSIONS/COM)4ITTEES
13.A. NOMINATIONS
MOTION: Set for consideration at next regular meeting.
Ruben Alvarez, Jr., 514 S. Flower, #7, recommended by
COUNCILMEMBER RICHARDSON as the Ward 2 representative to the
Board of Recreation and Parks for a first full term expiring
November 30, 1994 (Replacing Nickel) FILE 110.15
13.B. RESIGNATIONS
MOTION: Accept with regret; direct Clerk to post vacancy; authorize
preparation of appropriate recognition for service to the City.
Rudy Castruita from the Private Industry Council by letter dated
February 13, 1991
Lyle Overby from the Civic Center Commission by letter dated
February 19, 1991 FILE llO.15
UNINV£STIGATED LIABILITY CLAIMS
MOTION: Refer to administration for processing.
14.A. CLAIMS RECEIVED FROM FEBRUARY ll, 1991 TO FEBRUARY 22, 1991 -
Clerk of the Council FILE 415
CITY COUNCIL MINUTES 64 MARCH 4, 1991
CLERK OF THE COUNCIL REPORT
MOTION: Instruct Clerk to enter notice of posting into the Minutes.
15 .A.
The February 19, 1991, City Council Agenda was posted on the door
of the Council Chambers, 22 Civic Center Plaza, at 1:30 p.m.,
February 14, 1991.
ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS
VOTES IN THIS CATEGORY MAY DIFFER FROM THE VOTE ON THE CONSENT CALENDAR.
THE DECISION ON THESE ITEMS WAS MADE AT A PREVIOUS COUNCIL MEETING AND THE
VOTE CARRIED FORWARD. IF A COUNCILMEMBER WAS ABSENT AT THE PREVIOUS
MEETING, BUT IS PRESENT FOR THIS MEETING AND DOES NOT DECLARE OTHERWISE,
HIS/HER VOTE WILL BE RECORDED AS AFFIRMATIVE. ABSENCES AT THIS MEETING
WILL BE RECORDED AS SUCH.
21 .A.
PERMIT PARKING - WILLARD NEIGHBORHOOD - DOWNTOWN PARKING METER
ZONE
(Placed ordinance on first reading on February 19, 1991, by
unanimous vote.)
Ordinance published in the O.C. Reporter on February 22, 1991.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NS-2113 - An ordinance of the City of Santa Ana adding
Section 36-407 to the Santa Aha Municipal Code and amending
Sections 36-486 and 36-487, to make minor changes to the City's
parking meter and permit parking regulations, and adding
territory to the Downtown Parking Meter Zone - Public Works Agency
FILE 1030
21.B. ZOA 90-017 - BAN ON OUTDOOR SWAP MEETS
(Placed ordinance on first reading by a 5/2 vote with Acosta and
Norton dissenting.)
Ordinance published in the O.C. Reporter on February 22, 1991.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NS-2114 - An ordinance of the City of Santa Ana
amending Sections 41-377.5, 41-378, and 41-489 of the Santa Aha
Municipal Code and adding Section 41-445, to delete open-air
markets, swap meets and fairgrounds from the list of
conditionally permitted uses in the C2 Use District, to require
that business uses in the CR District be conducted within
buildings, and to prohibit open air swap meets in the M2 District
- Planning and Building Agency FILE 625.55
*****END OF CONSENT CALENDAR*****
CITY COUNCIL MINUTES 65 MARCH 4, 1991
BUSINESS SESSION
ORDINANCES/FIRST READING
25.A. ZOA 90-004 - ON-PREMISE SIGNS
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NS-2116 - An ordinance of the City of Santa Ana
amending Divisions 1 through 6 of Article XI of Chapter 41 of the
Santa Aha Municipal Code, to revise the zoning regulations
pertaining to on-premise advertising signs in the City generally
- Planning and Building Agency
MOTION: Acosta SECOND: Richardson
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, McGuigan, Norton, Pulido,
Richardson, Young
None
None FILE 625.55.25
25.B. ZOA 90-015 - DOWNTOWN DISTRICT SIGN ORDINANCE
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NS-2117 - An ordinance of the City of Santa Ana
amending Division 7 of Article IX of Chapter 41 of the Santa Ana
Municipal Code to revise the regulations pertaining to on-premise
con~nercial advertising signs and displays in the Downtown
District - Planning and Building Agency
MOTION: Acosta SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, McGuigan, Norton, Pulido,
Richardson, Young
None
None FILE 625.55.25
RESOLUTIONS
35.A. SALES TAX INCREASE FOR JAIL FACILITIES
MOTION: Adopt resolution.
RESOLUTION 91-019 - A resolution of the City Council of the City
of Santa Aha regarding support for a 1/2 cent sales tax increase
for justice facilities - City Manager
MOTION: Richardson SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, McGuigan, Pulido, Richardson,
Young
Norton
None FILE 440
CITY COUNCIL MINUTES 66 MARCH 4, 1991
35.B.
MOTIO#:
COMMUNITY FACILITIES DISTRICT - FIRE FACILITIES AND SERVICES
1. Adopt resolutions and set for public hearing on April l, 1991.
RESOLUTION 91-024 - A resolution of intention to establish a
Community Facilities District and to authorize the levy of
special taxes pursuant to the City of Santa Ana Special Tax
Financing Improvement Code - Fire Department FILE 710
RESOLUTION 91-025 - A resolution of intention to incur bonded
indebtedness of the proposed Community Facilities District No. 1
(Fire Facilities and Services) of the City of Santa Aha pursuant
to the City of Santa Ana Special Tax Financing Improvement Code -
Fire Department FILE 710
2. Authorize the City Attorney to prepare and the Mayor and
Clerk to execute agreement.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DON OWEN AND
ASSOCIATES - For work required during the resolution of formation
phase of the Community Facilities District, in an amount not to
exceed $14,000.00 - Fire Department A-91-021
MOTION: Griset SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, McGuigan, Norton, Pulido,
Richardson, Young
None
None FILE
COUNCIL AGENDA ITEMS
65.A. MESSAGE FOR CITY ENVELOPES - "DRUG USE IS LIFE ABUSE" {McGUIGAN)
MOTION: Adopt.
"Drug Use Is Life Abuse" message for use on all City
correspondence envelopes.
MOTION: McGuigan SECOND: Norton
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, McGuigan, Norton, Pulido,
Richardson, Young
None
None FILE 120.15
Councilmember Acosta reported he had met with a constituent who requested
that all armed services personnel who are employees and/or residents of
the City of Santa Aha be honored by the City Council for their
participation in the Desert Storm/Shield Operation. The Mayor requested
the Clerk of the Council to arrange for appropriate recognition ceremonies
at future council meetings and also requested the Clerk contact Supervisor
Gaddi Vasquez for information as to how the City can coordinate with the
County in recognizing armed services personnel who served in the Gulf War.
CITY COUNCIL MINUTES
67 MARCH 4, 1991
RECESSED TO HOUSING AUTHORITY - 5:24 P.M.
RECONVENED - 5:25 P.M.
RECESSED TO CLOSED SESSION - ROOM 147 - 5:25 P.M.
The Clerk of the Council announced the City Council was recessing to
Closed Session pursuant to:
Goverment 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:
Mailloux vs. City of Santa Ana (Worker's Compensation)
Guillen et al vs. City of Santa Ana et al
RECONVENED IN COUNCIL CHAMBERS - 5:41 P.M. - All Councilmembers present.
70.A. CLOSED SESSION REPORT
MOTION: Authorize settlement of Mailloux vs. City of Santa Ana {Worker's
Compensation), compromise and release in the amount of S17,000.O0
MOTION: McGuigan SECOND: Pulido
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, McGuigan, Norton, Pulido,
Richardson, Young
None
None FILE 410.15
RECESSED TO DINNER - RO011 831, CITY HALL - 5:41 P.M.
RECONVENED IN COUNCIL CHAMBERS - 7:39 P.M. - All Councilmembers present
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS
75.A. GENERAL PLAN AMENDMENT 90-013 - 807 N. GARFIELD STREET
General Plan Amendment 90-013 requested by Pedro Garcia to amend the Land
Use Element to redesignate property located at 807 N. Garfield Street from
LR {Low Density Residential) to MR {Medium Density Residential)
Recommended for denial by the Planning Commission by the following vote
AYES: Casteix, Godinez, Hanna, Mills, Sizemore, Spevacek
NOES: Miller
ABSENT: None
CITY COUNCIL MINUTES 68 htARCH 4, 1991
Legal Notice published in the O.C. Register on January 25, 1991
MOTION:
75.B.
Continue consideration of GPA 90-013 to March 18, 1991.
MOTION: Pulido SECOND: Young
VOTE:
AYES:
NOES:
ABSENT:
Acosta, Griset, McGuigan, Norton, Pulido, Young
Richardson
None FILE 625.20
UNDERGROUND UTILITY DISTRICT 28 - WESTMINSTER AVENUE BETWEEN
EUCLID AVENUE AND FAIRVIEW STREET
Proposal to convert existing overhead utility lines to an underground
system on Westminster Avenue between Euclid Avenue and Fairview Street
Legal Notice published in the O.C. Register and mailed on February 22, 1991
The Mayor opened the public hearing regarding the establishment of
Underground Utility District 28 at 7:42 P.M.
Presentation of staff report, Planning Commission recommendation and staff
comments by: Jim Ross, Executive Director, Public Works Agency
Presentation of written communications by Janice C. Guy, Clerk of the
Council: None
The Mayor closed the public hearing at 7:46 P.M.
MOTION:
Adopt resolution.
RESOLUTION 91-026 - A resolution of the City Council of the City
of Santa Aha establishin9 Underground Utility District No. 28 -
Public Works Agency
MOTION: McGuigan SECOND: Acosta
VOTE:
AYES:
NOES:
ABSENT:
ORDINANCES/FIRST READING
Acosta, Griset, McGuigan, Norton, Pulido,
Richardson, Young
None
None FILE 845
25.C. ZOA 90-003 - RESIDENTIAL DEVELOPMENT STANDARDS
Doris Small, representing the East Orange County Association of Realtors,
requested the Council defer consideration of ZOA 90-003 to March 18, 1991,
to allow time for study of the proposal by the Association.
Continued consideration of ZOA 90-003 to March 18, 1991.
MOTION:
MOTION: Acosta
VOTE: AYES:
NOES:
ABSENT:
SECOND: Norton
Acosta, Griset, McGuigan, Norton, Pulido,
Richardson, Young
None
None FILE 625.55
CITY COUNCIL MINUTES 69 MARCH 4, 1991
25.D. AUTO REPAIR DEVELOPMENT STANDARDS
Lynn Beteag, representing ARCO, and Ken Gunn, representing CHEVRON USA,
expressed concerns regarding the landscaping requirements proposed for
service stations, particularly the percentage of the site to be covered
for service stations located on small sites.
MOTION: 1. Place ordinance on first reading and authorize publication of
title.
ORDINANCE NS-2118 - An ordinance of the City of Santa Aha
amending Chapter 41 of the Santa Ana Municipal Code to provide
development standards for service stations and automobile
servicing and automobile repair facilities - Planning and
Building Agency.
2. Exempt all projects that are currently in Building Plan Check
from the proposed standards.
MOTION: Griset SECOND: Acosta
VOTE: AYES:
NOES:
ABSENT:
ABSTAIN:
Acosta, Griset, McGuigan, Norton, Richardson,
Young
None
None
Pulido FILE 625.55
CO~4ENTS
90.A. PUBLIC COMMENTS
Robert Fraser, 1212 N. Ross St., requested the City Council address the
problem of gang warfare in the City. The Police Chief provided a brief
report on the recent gang shooting in Aloha Park and indicated the
Department would soon initiate a task force approach to anti-gang
enforcement for the second consecutive year.
Pat Mill, 617 S. Starboard, spoke concerning water conservation: {1)
citing a lack of publicity regarding the City's recently adopted water
conservation regulations, (2) suggesting the Council protest the dumping
of Prado dam water by the United States government, and (3) urging the
City to turn off median sprinklers during rainy periods.
David Carlean, ll21 W. Civic Center Drive, registered a complaint
regarding a parking ticket issued for parking a vehicle on his yard.
Mayor requested the City Manager investigate the complaint.
The
A1 Carney, 7441 S. Park, expressed his opinion that Police enforcement was
inadequate and requested the Council review the proposal he had submitted
at an earlier date for police sector patrols.
90.C. CITY COUNCIL COMMENTS
In response to Councilmember Norton's query, Finance and Management
Services Agency Executive Director Rod Coloma indicated exact figures on
an anticipated budget shortfall were not available but that the FY 91-92
budget would be balanced.
CITY COUNCIL MINUTES 70 MARCH 4, 1991
Councilmember Acosta:
1) requested a report regarding the City's water conservation
efforts;
2) inquired as to whether the City might implement a split
schedule for street sweeping by sweeping one side of a street
in the morning and the alternate side in the afternoon;
3) provided the City Manager with a list of 27 locations where
illegal banners were hung; and
4) indicated he would check with the Mayor regarding services
provided by Council support staff.
Councilmember McGuigan requested a copy of the water conservation report
asked for by Councilmember Acosta. She also indicated she had received a
written request for City financial assistance to reduce insurance costs
from Lou Leffler for a seniors' program conducted in a City facility at
625 Cypress; she requested staff investigate possible sources of funding
to assist the seniors.
Councilmember Acosta noted that he had already initiated such a request.
Councilmember Pulido expressed the concern that recent newspaper articles
on gang activity tended to glorify gangs as a social phenomenon. He
requested media representatives and the public to discourage such
reporting wherever possible.
Councilmember Richardson noted that Santa Ana High School had recently won
the 4-A Soccer Championship and suggested the team might be recognized for
its achievement at a future Council meeting. He also registered his
support for City assistance to the seniors group as requested by Lou
Leffler.
Councilmember Griset noted that Comcast Cable Television in a recent
letter to cable subscribers used the existing franchise fee as part of the
justification for its pending fee increase. He requested the Council to
authorize the Mayor to communicate the City's disapproval of Comcast's
imprecise notice to its cable subscribers.
Councilmember Griset also expressed concern with the Immigration and
Naturalization Services (INS) policy which allows convicts to be released
into the comnunity pending deportation hearings. He requested the Council
to authorize the Mayor to communicate the City's strong disapproval of the
policy and to initiate discussions with INS regarding changes to the
policy, particularly deportation of convicts to the country of origin as
opposed to the present practice of releasing them at the U.S. border.
ADJOURNMENT - 8:53 P.M.
~nice C. uy- ~/
Clerk of the Counci(]~. Y
CITY COUNCIL MINUTES 71 MARCH 4, 1991