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HomeMy WebLinkAbout04-01-1991 MINUTES (~ THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL l, 1991 The meeting was called to order at 4:30 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 City Manager David N. Ream, Deputy City Attorney Richard Lay and Assistant Clerk of the Council William Z. Navaja. Clerk of the Council Janice C. Guy joined the meeting at 5:00 p.m. COUNCIL STUDY SESSION CERTIFICATE OF OCCUPANCY PROCESS - IMPROVEMENT TEAM REPORT Lou Sargent, Fire Department, team leader of a Total Quality Management team which studied the Certificate of Occupancy process, introduced the members of the team who then proceeded to brief Council on various aspects of their study. Stacey Creveston, Con~nunity Development Agency, showed slides demonstrating the Certificate issuance process; Marvin Ellenbecker, Planning and Building Agency, explained bottlenecks in the process using "before" and "after" flowcharts; Gary Mack, Planning and Building Agency, described occupancy approval procedures and the citation program; and Lynnette Perry, Planning and Building Agency, outlined the one-stop service counter concept. Lou Sargent concluded by stressing the need for interdepartmental cooperation and noting the Team's post-study schedule to continue streamlining the process. At the request of Councilmember McGuigan, Lynnette Perry provided details on the one-stop service counter proposal. In response to Councilmember Acosta's query, Senior Planner Charles View explained that a property with a legal non-conforming use would retain such use even with a change in ownership. CONSENT CALENDAR REVIEW The Mayor indicated he would be adding the name of Robert Escalante to the Consent Calendar for nomination as a City representative to the Civic Center Commission. Councilmembers expressed no concerns relative to Consent Calendar items. RECESSED - 5:02 P.M. RECONVENED - COUNCIL CHAMBERS - 5:06 P.M. - All Councilmembers present. CITY COUNCIL MINUTES 89 APRIL l, 1991 CONSENT CALENDAR The Mayor announced that the name of Robert Escalante had been added to the Consent Calendar as a nominee for a position on the Civic Center Commission (See Minutes page 92). MOTION: Approve the following Consent Calendar items: MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None CONSENT CALENDAR MINUTES MOTION: 1.A. Approve Minutes. REGULAR MEETING OF MARCH 18, 1991 SPECIFICATIONS - PURC)LASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council action. 2oAo HAND GUNS - To Davidson's West and San Diego Police Equipment Co., in the amount of $97,458.15 and $44,450.46 respectively - Finance and Management Services Agency SPEC 90-092 2,Bo TWO MINI-VANS (REPLACEMENT & ADDITIONAL) - To Reynolds GMC, in the amount of $28,663.41 - Finance and Management Services Agency SPEC 91-005 2,0, SWIMMING POOL FILTER - JEROME PARK - To Pool Supply of Orange County in the amount of $12,325.93 - Recreation and Community Services Agency SPEC 91-014 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES MOTION: 3.A. Award in accordance with Request for Council action. TREE TRIMMING - VARIOUS STREETS (PHASE VI) - To Lambaren Contractors in the amount of $47,600.00 - Public Works Agency PROJ 2162 CITY COUNCIL MINUTES 90 APRIL l, 1991 CHANGE ORDERS MOTION: Approve. SANTA ANA LIBRARY RENOVATION - Change Order No. 4; increasing in the amount of $35,536.01. (Change orders to date total 12.1% of original award.) - Public Works Agency PROJ 2930/7979 ALCOHOLIC BEVERAGE CONTROL APPLICATIO#S MOTION: Receive and file reports. 5,Ao VELASQUEZ, Ruth - "La Pl aya Centro Americana" - 1320 N. Grand Ave., Person-to-person transfer, type 41 On-sale beer and wine, public eating place Police: No protest Planning: No action required 5oB. 616 CLUB, INC. - "616 Club" - 516 E. Fourth, Stock transfer, type 48 On-sale general, public premises Police: No protest Planning: No action required 5.0, ESTRADA, Sandra - "La Onda Musical" - 1100 S. Grand Ave., Person-to-person 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 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. 9oAo PARCEL MAP 90-305 - 2851-2861-2871S. Pullman Street - Filed by Bart Strykor to subdivide 2.679 acres into three separate parcels to facilitate sale of individual lots - Planning and Building Agency Staff recommendation: Approval Zoning Administrator recomnendation: Approval FILE 625.25 FINAL PARCEL/TRACT MAPS MOTION: Approve final maps. lO.A. PARCEL MAP 88-128 - llO1 W. Stevens Avenue - Converts 10.23 acres of land into one parcel for continued use of 256 apartments at this location - Public Works Agency FILE 625.25 CITY COUNCIL MINUTES 91 APRIL l, 1991 MOTION: lO.B. Authorize reduction in the amount required for Performance, Payment and Monument Bonds. TRACT MAP 13804 - 3328 West First Street - Filed by Jackson Street Homes to create 106 lots for a 93-unit residential project - Public Works Agency FILE 625.30 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 THE SANTA ANA FIRE MANAGEMENT ASSOCIATION - Amendment providing for catastrophic leave - Personnel Services A-91-028 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION - Amendment providing for catastrophic leave - Personnel Services A-91-029 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA FIRE BENEVOLENT ASSOCIATION - Amendment providing for catastrophic leave - Personnel Services A-gl-030 12.D. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TECHNOLOGY EXCHANGE CENTER - For City-wide quality improvement training in the amount of $141,572.00 - Personnel Services (COUNCILMEMBER GRISET REGISTERED AN ABSTENTION) A-91-031 BOARDS/CO~4ISSIONS/CO~4ITTEES 13.A. NOMINATIONS MOTION: Set for consideration at next regular meeting. Don Sizemore, 1200 E. Fairhaven, #89, recommended by COUNCILMEMBER ACOSTA as a City representative to the Civic Center Commission for a partial term expiring June 30, 1992 {Replacing Overby) FILE 110.15 Robert Escalante, 435 S. California, Orange, recommended by MAYOR YOUNG as a City representative to the Civic Center Commission for a partial term expiring June 30, 1992. {Replacing Overby) FILE 110.15) Paula Rankin, 1225 S. Birch, recommended by COUNCILMEMBER RICHARDSON as the Ward 2 representative to the Housing Advisory Commission for a first full term expiring November 30, 1994 {Replacing Gonzalez) FILE 110.15 CITY COUNCIL MINUTES 92 APRIL l, lg91 13.B. MOTION: APPOINTMENTS Appoint. Alexander Nalle, 1926 Heliotrope, recommended by MAYOR YOUNG as the Mayoral representative to the Conmunity Redevelopment Commission for a partial term expiring November 30, 1992 (Replacing Rosenow) FILE 110.15 13.C. MOT I ON: RESIGNATIONS Accept with regret; direct Clerk to post vacancy; authorize preparation of appropriate recognition for service to the City. 1. Frank J. Spevacek, lO16 Sharon Rd., from the Planning Commission FILE llO.15 2. Vivian Edwards, No. 1 City Blvd., #1437, from the Private Industry Council FILE 110.15 UNINVESTIGATED LIABILITY CLAIMS MOTION: Refer to administration for processing. 14.A. CLAIMS RECEIVED FROM MARCH 11, 1991 TO MARCH 22, 1991 - Clerk of the Council FILE 415 CLERK OF THE COUNCIL REPORT MOTION: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The March 18, 1991, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m., March 13, 1991. 15.B. The Addendum to the March 18, 1991, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 12:30 p.m., March 15, 1991. REPORTS MOTION: 16.A. Receive and file reports. DECISION OF THE PERSONNEL BOARD IN THE MATTER OF LINDA CARROLL DATED OCTOBER 24, 1990 - Personnel Services FILE 500 CITY COUNCIL MINUTES 93 APRIL 1, 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 AFFIRbIATIVE. ABSENCES AT THIS MEETING WILL BE RECORDED AS SUCH. 21.A. ZOA 90-003 - RESIDENTIAL DEVELOPMENT STANDARDS (Placed on first reading on March 18, 1991, by a 6/1 vote with ACOSTA dissenting.) Ordinance published in the O.C. Reporter on March 22, 1991. ORDINANCE NS-2111 - An ordinance of the City of Santa Ana revising the residential development standards of the City - Planning and Building Agency FILE 625.55 21.B. DISPOSAL OF UNCLAIMED PROPERTY (Placed on first reading on March 18, 1991, by unanimous vote.) Ordinance published in the O.C. Reporter on March 22, 1991. ORDINANCE NS-2119 - An ordinance of the City of Santa Ana amending Section 2-705 of the Santa Ana Municipal Code pertaining to disposal of unclaimed property - Police Department FILE 715 21.C. AMENDMENT APPLICATIONS 1049 AND 1050 (Placed on first reading on March 18, 1991, by a 5/2 vote with PULIDO and YOUNG dissenting.) Ordinance published in the O.C. Reporter on March 22, 1991. ORDINANCE NS-2121 - An ordinance of the City of Santa Ana rezoning certain property located at 4922 and 4926 West Fifth Street from the A-1 (General Agriculture) District to the R2 (Two-Family Residential) District - Planning and Building Agency FILE 625.05 *****END OF CONSENT CALENDAR***** CITY COUNCIL MINUTES 94 APRIL l, 1991 BUSINESS SESSION ORDINANCES/FIRST READING 25.A. ZOA 91-001 - CONDITIONAL USE PERMIT REQUIREMENT FOR HAZARDOUS MATERIALS IN M1 AND M2 DISTRICTS MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2122 - An ordinance of the City of Santa Aha adding Sections 41-67.5 and 41-67.7 to the Santa aha Municipal Code and amending Section 41-472.5 to define "Hazardous Materials" and "Hazardous Waste" and to require a conditional use permit for the distribution of hazardous materials and the treatment of hazardous waste in the M1 {Light Industrial) and M2 {Heavy Industrial) Use Districts - Planning and Building Agency MOTION: McGuigan SECOND: Richardson VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None FILE 625.55 25.B. DELETION OF CHARITABLE AND RELIGIOUS SOLICITATION REGULATIONS MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2123 - An Ordinance of the City of Santa Ana repealing Article II of Chapter 26 of the Santa Aha Municipal Code pertaining to charitable and religious solicitations - City Attorney MOTION: Richardson SECOND: Griset VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None FILE 715 25.C. CONGESTION MANAGEMENT PROGRAM MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2124 - An Ordinance of the City of Santa Ana adding Article XIII to Chapter 36 of the Santa Aha Municipal Code to establish transportation demand management and transportation system management requirements for development projects - Public Works Agency CITY COUNCIL MINUTES 95 APRIL l, 1991 2. Approve the 7-Year Congestion Management Capital Improvement Program. Authorize the Public Works Agency Executive Director to submit the City's FY 91-92 Congestion Management Program to the Orange County Transportation Commission. MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None FILE 1000 AMENDMENT TO CONSENT CALENDAR At Councilmember Griset's request and with the unanimous informal consent of the Council, Councilmember Griset was permitted to register an "abstention" on Item 12.D. of the Consent Calendar. {See Minutes page 92.) COUNCIL AGENDA ITEMS 65.A. SCHEDULING OF COUNCIL MEETINGS MOTION: Place ordinance on first reading and authorize publication of title. MOTION: Young SECOND: Pulido At Councilmember Norton's suggestion and by the unanimous informal consent of the Council, action on Item 65.A. was deferred to the evening session of the Council meeting. (See Minutes page 98.) RECESSED TO HOUSING AUTHORITY - 5:18 P.M. RECONVENED - COUNCIL CHAMBERS - 5:22 P.M. - All Councilmembers present. 99. MOTION: MEASURE M IMPLEMENTATION {TRANSPORTATION) Find that the need to take action on the following item arose subsequent to the posting of the Agenda and waive the Brown Act posting requirement. MOTION: Young SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None CITY COUNCIL MINUTES 96 APRIL l, 1991 MOTION: Authorize the City Manager to communicate to the Orange County Transportation Commission (OCTC) Council concerns with respect to the use of Measure M revenues, addressing specifically the following: Deferral of debt financing decisions until the new Orange County Local Transportation Authority board (combined OCTC and Orange County Transit District (OCTD) is seated; -- Conduct of public hearings regarding implementation of Measure M projects and programs; -- Development of a Measure M business plan; and Involvement of the Orange County Division of the League of California Cities and the Orange County City Managers' Association in debt financing decisions. MOTION: Young SECOND: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None RECESSED TO CLOSED SESSION - ROOM 147 - 5:26 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 to which the City was a party, to wit: Gates vs. City of Santa Ana City Attorney Edward J. Cooper joined the meeting at this time and was in attendance for the Closed Session only. RECONVENED AND RECESSED TO DINNER - ROOM 831, CITY HALL - 5:44 P.M. RECONVENED IN COUNCIL CHAMBERS - 7:39 P.M. - All Councilmembers present. CITY COUNCIL MINUTES 97 APRIL l, 1991 PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation declaring April 1991 as "Drug Use Is Life Abuse Month," presented by MAYOR YOUNG to Lt. Orville King, Orange County Sheriff's Department and Bob Crevier, member of the Drug Use Is Life Abuse Board of Directors City Seal Plaque presented by COUNCILMEMBER NORTON to Sean Mill for service on the Board of Recreation and Parks Proclamation declaring April 1991 as "Earthquake Preparedness Month," presented by COUNCILMEMBER McGUIGAN to Fire Chief Allen R. Carter and Emergency Management Coordinator Sharon Frank COUNCIL AGENDA ITEMS 65.A. SCHEDULING OF COUNCIL MEETINGS MOTION: Place ordinance on first reading and authorize the publication of title. ORDINANCE NS-2125 - An ordinance of the City of Santa Aha amending Section 2-100 of the Santa Aha Municipal Code changing the time for City Council Meetings from 4:00 p.m. to 6:00 p.m. - City Manager MOTION: Young SECOND: Norton VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None FILE 120 CITY COUNCIL MINUTES 98 APRIL l, 1991 £V£NING SESSION PUBLIC HEARINGS 75.A. COMMUNITY FACILITIES DISTRICT NO. 1 - FIRE SERVICES AND FACILITIES Proposal to establish Community Facilities District No. l, to authorize levying of special taxes pursuant to the City of Santa Ana special financing improvement codes, to incur bonded indebtedness within the proposed district, and to call a special election of the qualified electors within the proposed district to be scheduled for May 31, lggl. Legal Notice published in the O.C. Reporter on March 8, 1991 The Mayor opened the public hearing regarding the establishment of Community Facilities District No. 1 at 8:02 p.m. Presentation of staff report and staff comments by: Allen R. Carter, Fire Chief 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 8:12 p.m. MOTION: Adopt resolutions. RESOLUTION 91-028 - A resolution of formation of Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Aha, authorizing the levy of a special tax within the district, preliminarily establishing an appropriations limit for the district and submitting levy of the special tax and the establishment of the appropriations limit to the qualified electors of the district RESOLUTION 91-029 - A resolution determining the necessity to incur bonded indebtedness wi thin Community Facilities District No. 1 (Fire Facilities and Services) of the City of Santa Ana and submitting proposition to the qualified electors of the district RESOLUTION 91-030 - A resolution calling Special Election - Fire Department MOTION: Richardson SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None FILE 805 CITY COUNCIL MINUTES 99 APRIL l, 1991 75.B. APPROPRIATION ADJUSTMENT 91-231 - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS REALLOCATION Public hearing to consider reallocation of 1989-90 Community Development Block Grant funds. Legal notice published in the O.C. Re~ister on March 22, 1991. The Mayor opened the public hearing regarding a reallocation of 1989-90 Conmnunity Development Block Grant Funds at 8:12 p.m. Presentation of staff report and staff comments by: Cindy Nelson, Executive Director, Conmunity 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 8:13 p.m. MOTION: Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 91-231 - Transferring $18,015.00 from account 135-149-6191-PROJ 7594-1990 Census Project to account 135-149-6621-Corbin Community Center Roof Repair Project - Community Development Agency MOTION: McGuigan SECOND: Norton VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None FILE 310.05 610.05 ORDINANCES FIRST READING 25.D. LIMITATIONS ON PUSHCART AND PEDESTRIAN VENDING Staff report presented by Robyn Uptegraff, Executive Director, Planning and Building Agency and Lt. George Saadeh, Santa Ana Police Department Councilmember McGuigan presented two petitions to the Clerk of the Council for inclusion in the public record. The following persons spoke with respect to the proposed ordinance: Sal Juarez, 2723 Camden Place Rita Corpin, 315 E. Myrtle Charlotte Thomas, 531 S. Birch Ed Dart, lOll W. Taft Jerry Bern, 1234 S. Main Ken Finefield, 722 S. Orange CITY COUNCIL MINUTES 100 APRIL l, 1991 MOTION: David Lopez, 829 S. Elliott St. Jackie Peters, 824 S. Hickory St. Jaime Vega, 1145 S. Birch Manuel Pena, representing Antonio Contreras, 210 W. First St. Jose Ortiz, Buena Park Ana Maria Alvarez Alfredo Amezcua, 106 W. Fourth St., Suite 305 Alex Vega, 1403 N. Spurgeon Ernie Figueroa, 11703 Edinger Ave., Fountain Valley Rodney Burge, 9572 Madison Khang Dinh, 9720 Calandula Ave., Westminster Enriqueta Lopez Ramos, 1145 S. Birch St. John Raya Refer Ordinance NS-2115 to staff for modifications using the following guidelines: Pushcarts should not be eliminated but controlled through licensing and certification. The total number of pushcarts to be licensed should not exceed 200; Compliance activities {e.g., creation of a new Street Vendor Coordinator position) should be funded by revenue from license and certification fees and contributions from vendor industry associations so as to avoid net charges to the City's General Fund; Incremental fines and penalties should be instituted with unlicensed pushcarts to be immediately impounded and made subject to specific rules for release; Heal th and safety needs should be addressed through such measures as uniforms for vendors, trash control, equipment specifications, and regulation of operating hours; and Ordinance should be drafted to ensure enforcement will be restricted to pushcart vendors and not include such enterprises as paper boy deliveries and Girl Scout sales. MOTION: Griset SECOND: Pulido VOTE: AYES: NOES: ABSENT: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None FILE 625.55.20 RECESSED - 9:28 P.M. RECONVENED - 10:07 P.M. - All Councilmembers present. CITY COUNCIL MINUTES lO1 APRIL l, 1991 COMMENTS 90.A. PUBLIC COMMENTS John Raya urged the Council to use surveillance cameras as a means to reducing graffiti. Sean Mill, 617 S. Starboard, expressed concern about possible racist overtones with respect to several Council actions and urged the Council to learn more about other ethnic groups' culture and customs. Donna Harris, 2216 N. Bristol, reported her tenants were being cited for parking in the alley behind her property and was referred by the Mayor to the City Manager for assistance. Pat Mill, 617 S. Starboard, and Florence Leach, 2025 W. Tenth St., criticized the Mayor for restricting public comments at the March 18, 1991 Council meeting. James McGuigan, 5642 Keelson, urged the Council to decline Comcast Cablevision's request to applaud Comcast during National Cable Week, urged the Council to commemorate veterans appropriately at the Memorial Day holiday, and recommended the Council clearly define the rules with respect to removal of Consent Calendar items prior to implementation of the Council meeting time change. Patricia Marin, 1238 W. St. Andrews Place., and Alex Vega, urged reinstatement of the swap meet at Santa Aha College at 17th and Bristol. Rodney Burge expressed concern about Police brutality in the Freddie Martinez Toffalla case and urged review of the case by the Council. CITY COUNCIL COMMENTS Councilmember McGuigan criticized Comcast Cablevision for not broadcasting an unscrambled free showing of an HBO program in celebration of the return of US troops from the Gulf conflict and expressed dissatisfaction with Comcast's poor customer service. Councilmembers Griset and Richardson commended the Police Chief for his sensitivity to the Santa Ana community in two recent press interviews which appeared in the L.A. Times and the Wall Street Journal. Councilmember Richardson took strong exception to Rodney Burge's comments regarding the Toffalla case and defended the Santa Ana Police Department, noting that the officers were often at risk during the performance of their duties. ADJOURNMENT - 10:40 P.M. ~CC~eUir~eo~ ' t~eUYcou nc ~1 ~-~ CITY COUNCIL MINUTES 102 APRIL l, 1991