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HomeMy WebLinkAbout11-04-1991MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 4, 1991 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:12 P.M. ATTENDANCE PLEDGE OF ALLEGIANCE PRESENTATIONS COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tem JOHN ACOSTA DANIEL E. GRISET PATRICIA A. McGUIGAN RICK NORTON ROBERT L. RICHARDSON Absent: NONE STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council Absent: NONE Led by students from Ms. Barbara Castillo's Fifth Grade Class at Jefferson Elementary School Certificates of Recognition for service in the Persian Gulf Conflict, presented by MAYOR YOUNG to Corporal Charles Porter, US Marine Corps and Mess Specialist Seaman Apprentice James Porter, US Navy CITY COUNCIL MINOTES 317 NOVEMBER 4, 1"1 Certificates of Recognition for winning First Place in team competition and several First, Second, and Third Place honors in individual competition (Senior and Junior Divisions) in the 1991 AAU National Jujitsu Champion- ships, presented by COUNCILMEMBER McGUIGAN and Recreation and Community Services Executive Director Allen Doby to members of the Santa Ana Jujitsu Team Certificate of Recognition presented by COUNCILMEMBER RICHARDSON to 1991 Orange County Teacher of the Year Awardee Judy Sampson Certificate of Recognition for Behr Process Corporation's generous donation to Santa Ana families with limited income, presented by COUNCILMEMBER RICHARDSON to Behr Senior Vice President of Manufacturing Bob Primmer and Behr Regulatory Affairs Manager Kimberly Curtin Proclamation commemorating Veterans Day, November 11, 1991, presented by COUNCILMEMBER NORTON to Lawrence Ryan, Commander, and James Loughran, Financial Officer, American Legion Post #131 RECONSIDERATION OF ITEM 75.B. (Minutes page 312) Councilmember Norton reported that staff had not provided him with a copy of the law which would demonstrate the City would not be liable for repayment of the $20 million dollar loan of Section 108 Funds in the event the federal government were to cease funding the Community Development Block Grant Program. Motion: Reconsider Item 75.B. $20 million Section 108 loan for Bristol Street Widening Project, approved on October 21, 1991. FILE 615.30 MOTION: Norton SECOND: Acosta CITY COUNCEL MINI)TES 318 NOVEMBER 4, 1"1 VOTE: AYES: Acosta, McGuigan, Norton NOES: Griset, Norton, Pulido, Richardson, Young ABSENT: None The Motion FAILED. CONSENT CALENDAR The Mayor announced the removal of Items 12.F. and 60.A. for separate action. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido SECOND: McGuigan VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young NOES: None ABSENT: None u 11►iy Il�� Motion: Approve Minutes. I.A. REGULAR MEETING OF OCTOBER 21, 1991 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 2.A. PARAMEDIC AMBULANCES (5) - To Leader Industries, Inc., in the amount of $242,384.79 - Finance and Management Services SPEC 91-072 2.B. PRINTING OF FINANCIAL REPORTS - To My Own Printing Company in the amount of $3,771.25 - Finance and Management Services SPEC 91-82845 Motion: Approve one-year contract extension. 2.C. MAINTENANCE OF LIBRARY CIRCULATION CONTROL SYSTEM - To CLSI in the amount of $27,870.00 - Finance and Management Services SPEC 83-010 CITY COUNCIL MINUTES 319 NOVEMBER 4, 1991 PROJECTS Motion: Award in accordance with Request for Council Action. 3.A. TREE TRIMMING (PHASE IVp ) FOREST STREET - To Edney Tree Service in the amount of $9,750.00 - Public Works Agency PROJ 2167 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS Motion: Receive and file. 5.A. KHATICHE, Hind - "Family Italian Gourmet Deli" - 2307 S. Bristol, #B, Person -to -person transfer, type 41 On -sale beer and wine, public eating place Police: No protest Planning: No action required 5.B. LADD LIQUORS, INC. - "Ronn's Market" - 425 N. Euclid, Original, type 20 Off -sale beer and wine Police: Protest based on high incidence of criminal and gang activity Planning: No action required 5.C. LADD LIQUORS, INC. - "Greenville Market" - 1530 S. Greenville, Original, type 20 Off -sale beer and wine Police: Protest based on high incidence of gang activity and above - average crime rate Planning: No action required FILE 405 FINAL PARCEL/TRACT MAPS Motion: Approve final parcel map and accept the dedications thereon. 10.A. TRACT MAP 12812 - 450 E. Fourth Street - Consolidates 3.14 acres of land into two parcels for the purpose of developing 200 condominium units and a retail/commercial building - Public Works Agency FILE 625.30 AGREEMENTS Motion: Authorize City Attorney to prepare and Mayor and Clerk to execute agreements. 12.A. AMENDMENT BETWEEN THE CITY OF SANTA ANA AND BSI CONSULTANTS, INC. - Amendment to agreement for the purchase of Pavement Management Program software, training and additional inventory in CITY COUNCIL MINUTES 320 NOVEMBER 4, 1"1 the amount of $11,725.00 for a total contract amount of $61,725.00 - Public Works Agency A-91-126 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MOHLE, _ GROVER AND ASSOCIATES - For engineering and traffic survey for speed limits update in an amount not to exceed $17,100.00 - Public Works Agency A-91-127 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE - Amendment to the Joint Powers Agreement for the Orange County Civic Center Authority to allow the County to recover title to the land underlying the County Jail and Intake and Release Center - Community Development Agency A-91-128 12.1). AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE SANITATION DISTRICTS - For defense of the City in the case of U.S. vs. Montrose concerning hazardous waste disposal - City Attorney A-91-129 12.E. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND POD/SASAKI - Amendment to agreement for design services for the Monkey Island Zoo exhibit increasing the not -to -exceed amount from $69,800.00 to $85,640.00 - Recreation and Community Services A-91-130 12.F. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RJM DESIGN GROUP INC. - Removed for separate action. (See Minutes page 324.) BOARDS/COMMISSIONS/COMMITTEES B.A. APPOINTMENTS Motion: Appoint. Ivan V. McKinney, 3010 S. Rita Way, nominated by COUNCILMEMBER McGUIGAN, as Ward 1 representative to the Community Redevelopment Commission for a term to expire November 30, 1992 (Replacing Mack) FILE 110.15 13.B. BRISTOL CORRIDOR PROJECT AREA COMMITTEE Motion: Approve. Membership as constituted on October 15, 1991 - Community Development Agency CITY COUNCIL MINUTES 321 NOVEMBER 4, 1991 Community Organizations - No Vacancies Bristol/Warner Neighborhood Association Johnson Chapel Mater Dei High School Santa Ana Merged Society of Neighbors (SAMSON) Washington Square Neighborhood Association Business/Owner - 2 Vacancies Robert Gonzalez Paul Le Jim Lowman Evelyn Neudorffer Gordon G. Seibert Resident/Owner - 6 Vacancies Jack R. Belletich V.L. McGowan Richard McNeilly Richard Moser Resident/Tenant - 3 Vacancies 13.C. RESIGNATIONS FILE 615.30 Motion: Accept with regret; direct Clerk to post vacancy; authorize preparation of appropriate recognition for service to the City. Ruben Alvarez, Jr., 514 S. Flower St., #7, from the Board of Recreation and Parks effective November 1, 1991 for term expiring 11/30/94 (per COUNCILMEMBER RICHARDSON) FILE 110.15 UNINVESTIGATED LIABILITY CLAIMS Motion: Refer to administration for processing. 14.A. CLAIMS RECEIVED FROM OCTOBER 12, 1991 TO OCTOBER 25, 1991 - Clerk of the Council FILE 415 CrrY COUNCIL MINUTES 322 NOVEMBER 4, 1991 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The October 21, 1991 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza at 4:00 p.m. on October 16, 1991. LEGISLATIVE ACTIONS/FEDERAL AND STATE Motion: Declare support for and authorize the Mayor to communicate such support to the appropriate agencies. 20.A. Modification of the U.S. Army Corps of Engineers' plans for reconstruction of the Santa Ana River channel to allow continued operation of Riverview Golf Course as an 18-hole golf course - Community Development Agency FILE 110.15 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 is recorded as affirmative. Absences at this meeting are recorded as such. 21.A. TRAFFIC REGULATION REVISIONS - ALLEYS, PARKWAYS, PERMIT PARKING DISTRICTS (Placed on first reading on October 21, 1991, by 7/0 vote.) Ordinance published in the O.C. Reporter on October 25, 1991 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2146 - An ordinance of the City of Santa Ana amending Sections 36-135 and 36-493 of the Santa Ana Municipal Code to authorize Police Officers to remove vehicles which are illegally parked in alleys or parkways or in permit parking districts - Planning and Building Agency FILE 1030 21.B. AMENDMENT - PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) (Placed on first reading on October 7, 1991, by 6/0 vote with Pulido absent.) CITY COUNCIL. MINUTES 323 NOVEMBER 4, 1"1 Ordinance published in the O.C. Re orter on October 25, 1991 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2148 - An ordinance of the City of Santa Ana 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-91-117 FILE 500 BUDGET ADJUSTMENTS 60.A. APPROPRIATION ADJUSTMENT 92-125 - VOLUNTEER LITERACY SERVICES Motion: Removed for separate action. (See Minutes page 325.) 60.B. APPROPRIATION ADJUSTMENT 92-131 - UNDERGROUND TANK CONFERENCE Motion: 1. Direct the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ANN BISGYER WOLZ - For the coordination of the Underground Tank Conference in the amount of $16,241.03 - Fire Department A-91-132 2. Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 92-131 - Transferring $40,179.00 from account 11-01-5548-Underground Tank Conference fees to account 11-321- 6291-5548-Fire Prevention - Fire Department FILE 310.05 *** END OF CONSENT CALENDAR*** CITY COUNCIL MINUTES 324 NOVEMBER 4, 1"1 BUSINESS SESSION AGREEMENTS At the Mayor's request, Recreation and Community Services Executive Director Allen Doby provided a status report regarding soccer field construction at Centennial and Rosita Parks. Motion: Authorize City Attorney to prepare and Mayor and Clerk to execute agreements. 12.F. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RIM DESIGN GROUP INC. - Amendment to agreement for design services for the Centennial Park soccer facility increasing the not -to -exceed amount from $87,500.00 to $117,500.00 - Recreation and Community Services A-91-131 MOTION: Young SECOND: Pulido VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young NOES: None ABSENT: None BUDGET ADJUSTMENT Councilmember McGuigan informed the Council that world literacy was one of the programs undertaken by Soroptomist International, and the donation by Soroptomist International, Santa Ana -Tustin, to the City's Literacy Program represented the local club's contribution to the international effort. 60.A. APPROPRIATION ADJUSTMENT 92-125 - VOLUNTEER LITERACY SERVICES Motion: 1. Accept. Donation in the amount of $1,000.00 from Soroptomist International Santa Ana - Tustin 2. Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 92-125 - Transferring $1,000.00 from account 149-01-5798-Gifts and Donations to account 149-215-6291-California Literacy Services - Library FILE 310.05 CrrY COUNCIL. MINOTES 325 NOVEMBER 4, 1"1 MOTION: McGuigan SECOND: Richardson VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young NOES: None ABSENT: None ORDINANCES/FIRST READING 25.A. REPEAL OF PROVISIONS EXCLUDING PERSONS FROM PARTICIPATING IN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2150 - An ordinance of the City of Santa Ana repealing Section 9-20 of the Santa Ana Municipal Code to remove the provisions excluding persons from participating in the Public Employment Retirement System - City Attorney MOTION: Pulido SECOND: McGuigan VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young NOES: None ABSENT: None PUBLIC HEARINGS 75.D. APPEAL APPLICATION 91-4 - VA 91-3 FILE 510 Appeal Application filed by Danny Aguirre, representing the Apostolic Church, to appeal the denial by the Planning Commission of a variance from setback, landscaping and parking requirements for a proposed church and medical office located at 112-122 E. Pomona Street and 111-121 E. Berkeley Recommended for denial by the Planning Commission on September 9, 1991 by the following vote: AYES: Casteix, Miller, Godinez, Mondo, Doughty NOES: None ABSENT: Mills CITY COUNCIL MINOTES 326 NOVEMBER 4, 1"1 Legal notice mailed on October 10, 1991 Motion: Refer Appeal Application 91-4 and Variance 91-3 to the Planning Commission for reconsideration and recommendation to the Council. MOTION: Pulido SECOND: Acosta VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young NOES: None ABSENT: None COUNCIL AGENDA ITEMS FILE 625.45 85.A. TOP HAT BAR - 2534 W. 17TH - RUDY MADUENA - ACOSTA Gay Geiser -Sandoval, Attorney for Rudy Maduena, Jr., reviewed the calendar of events which had led to the decision by Planning Department staff to require a Conditional Use Permit in order to issue an ABC License for the Top Hat Bar. Councilmember Acosta expressed concerns regarding the process followed by staff in arriving at that determination. Motion: Instruct the Planning Department staff to process applications based on filing date and payment of fees rather than discontinue processing such applications when other statutory deadlines would prevent completion of application processing in a timely manner, particularly as applied to continuation of non- conforming uses. MOTION: Acosta SECOND: Norton Substitute Motion: Continue all action with regard to the Top Hat Bar to November 18, 1991. MOTION: Norton SECOND: Acosta VOTE: AYES: Acosta, Norton NOES: Griset, McGuigan, Pulido, Richardson, Young ABSENT: None Substitute motion FAILED. FILE 405 CITY COUNCIL MINUTES 327 NOVEMBER 4, 1991 Vote on original motion: VOTE: AYES NOES ABSENT: None Original motion FAILED. RECESSED - 7:41 P.M. Acosta Griset, McGuigan, Norton, Pulido, Richardson, Young RECONVENED - 7:51 P.M. - All Councilmembers present except Councilmember Norton. 85.B. OPEN AIR BAZAAR/CHRISTMAS SHOW - CENTENNIAL PARK - ALEX VEGA (N.O.V.A.) - ACOSTA Councilmember Acosta requested the Council consider approving an outdoor Christmas Bazaar on public property as a one-time event. 7:54 P.M. - Councilmember Norton rejoined the meeting. Councilmember Norton indicated his intention to abstain due to a possible conflict of interest. Motion: Grant permission to N.O.V.A. to hold a Christmas Bazaar on three weekends prior to Christmas contingent upon identification of a person who would be responsible party and provision of any insurance required by the City. MOTION: Acosta SECOND: Motion FAILED for lack of second. FILE 625.55 COMMENTS 90.A. PUBLIC COMMENTS Julie Humphreys, 2112 N. Ross, representing the Northwest Santa Ana Neighborhood Association, submitted a comprehensive Neighborhood Traffic Protection Plan to the Council and requested its immediate implementation. Robert Ricker, 1815 N. Flower, reinforced that request. CITY COUNCIL. MINUTES 328 NOVEMBER 4, I"l Mayor Young expressed the Council's willingness to work with the neighborhood in mitigating commuter traffic through the neighborhood and urged the Association to build consensus concerning the proposed implementation plan. Councilmember Acosta indicated he would be meeting the following Tuesday with another group of neighbors regarding traffic in the Northwest Santa Ana Neighborhood and encouraged interested individuals to attend. Alfredo Amezcua, 106 W. Fourth Street, requested the Council consider the issuance of a special permit to hold a Christmas Bazaar under Santa Ana Municipal Code Section 41-195.5 regarding Temporary Outdoor Activities. JoAnn Hernandez, 7852 Second Street, #4, Stanton, Department of Social Services Staff worker, cited an increase in the welfare rolls due to the closure of the swap meet at Rancho Santiago College. Alex Vega, 1807 W. Fifth Street, and Andres Balderas, 9330 Larkspur Drive, Westminster, also expressed concerns regarding the closure of the Rancho Santiago swap meet. David Barford, Vice President and General Manager of Comcast Cablevision, explained the firm was considering scrambling its basic service to reduce cable service theft, improve signal quality and aeronautic safety, and permit new packaging of programs. Mr. Barford responded to questions on the proposed changes from Councilmembers. Councilmember Richardson requested Barford provide the Council with information regarding interference with aircraft signals caused by unscrambled cable signals. James McGuigan, 5642 Keelson, cited several concerns regarding Comcast Cablevision broadcasts and expressed the opinion that Comcast's signal scrambling proposal would lead to price increases in cable service. He also stated that Comcast does not have an exclusive cable franchise and suggested that other cable service providers be invited to compete in Santa Ana. In response to Councilmember Norton, the City Attorney indicated that for the most part the City was preempted by the Cable Act with regard to legislating and controlling cable broadcasting. _ Mayor Young requested Barford review the error level with respect to City programming and thanked Mr. Barford for being present to hear directly the Council's opinions concerning cable service. In response to Florence Leach, 2025 W. Tenth Street, the City Manager indicated that the loan the City was requesting for widening Bristol Street was a direct loan from the federal government, not one the City would apply for through a financial institution. He also CITY COUNCIL MINUTES 329 NOVEMBER 4, 1991 indicated securing the loan would assist the City in applying for Measure M funds, the 1/2 cent sales tax increase approved by Orange County voters to fund local/regional transportation improvements. 85.C. SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY MEMBERSHIP - McGUIGAN Motion: Adopt resolution. RESOLUTION 91-100 - A resolution of the City Council of the City of Santa Ana requesting that the Southern California Regional Airport Authority (SCRAA) not accept the Orange County Cities Airport Authority (OCCAA) as the Orange County representative on the SCRAA Board of Directors - City Manager MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young NOES: None ABSENT: None FILE 110.15 TO HOUSING AUTHORITY - 9:28 P.M. RECONVENED - 9:28 P.M. - All Councilmembers present. 90.C. CITY COUNCIL COMMENTS Councilmember Norton commented that a new Chancellor, Vivian Blevans, had been appointed at Rancho Santiago Community College. Councilmember Acosta recognized Hoover Elementary School students for creating the giant "Red Ribbon" pledge card on display in the Council Chambers and thanked Council Services Manager Lorraine Lazarine for her assistance in conducting "Red Ribbon Week" activities on his behalf. Acosta also thanked the Police and Fire Departments for their recent assistance to the Blind Children's Learning Center following several break-ins at the Center's property on North Broadway. Councilmember Acosta expressed a "welcome home" to Jake Thomas who had fallen out of a tree last February and returned to his home in the last week. CITY COUNCIL MINUTES 330 NOVEMBER 4, 1991 Councilmember McGuigan wished Zoo Director Claudia Collier well on her leaving the City for Alaska. Mayor Pro Tem Pulido pointed out that the tree trimming approved under Item 3.A. was just a temporary solution and that additional improvements would be made in the future. Councilmember Richardson relayed Father Christopher Smith's personal "thank you" to Santa Ana Electrical Inspector Harvey Shapiro for his assistance in processing electrical permits for the recent St. Joseph's Church Fiesta. Councilmember Griset requested staff proceed as soon as possible to develop a City program which would place a bounty on and facilitate the destruction of firearms. In response to Mayor Young, the City Manager indicated he would survey Raitt Street and provide a status report on the completion of public landscaping in the area between Warner and the south border of the City. TO CLOSED SESSION - ROOM 147 - 9:43 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: Araujo vs. City of Santa Ana (Worker's Compensation) Reiss vs. City of Santa Ana (Worker's Compensation) Prewett vs. City of Santa Ana (Worker's Compensation) DeLariva vs. City of Santa Ana Battan vs. City of Santa Ana Government Code Section 54956.9(b)(1) regarding pending litigation of significant exposure Government Code Section 54957 to consider personnel matters. _ RECONVENED - COUNCIL CHAMBERS - 9:55 P.M. - All Councilmembers present. 70.A. CLOSED SESSION REPORT Motion: Authorize settlements as follows: Claim 91-151, Martin and Elva V. Lazaro, in the amount of $12,250.00 CTTY COUNCIL MINUTES 331 NOVEMBER 4, 1991 Houseal vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $20,685.00 Prewett vs. City of Santa Ana (Worker's Compensation), in the amount of $11,500.00 toward a compromise and release Reiss vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $14,420.00 (Councilmember Norton registered a "NO" vote.) Araujo vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $27,162.00 MOTION: McGuigan SECOND: Pulido VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young NOES: None ABSENT: None ADJOURNMENT - 9:57 P.M. ;�� 14F7- Janice C. Guy Clerk of the Council CWY COUNCII, MINUTES 332 NOVEMBER 4, 1991