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Home My WebLink About03-16-1992MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 16, 1992 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:12 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern 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 PLEDGE OF ALLEGIANCE EMPLOYEE AWARDS MAYOR YOUNG 25 Years of Service Thomas Sawyer Police Department 20 Years of Service John Zuniga Finance & Management Services CITY COUNCIL MINIJTES 70 MARL"II 16, 1992 William Hopkins Finance & Management Services Paul Wang Library PRESENTATIONS Proclamation recognizing the Santiago District of the Boy Scouts of America, presented by MAYOR YOUNG to the following Boy Scouts of America Santiago District officers: Jose Vargas, District Chairman; Bruce Andersen- Monserratte, District Executive; Syl Badajos, District Commissioner; and various Scout Troop representatives Proclamation recognizing April as "Earthquake Preparedness Month" in the City of Santa Ana, presented by COUNCILMEMBER GRISET to Santa Aha Fire Chief Bud Carter CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Registration of a "NO" vote on Item 3.A. by Councilmember Acosta. 2. Removal of Item 19.A. for separate action. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None MINUTES Motion: 1.A. Approve Minutes. REGULAR MEETING OF MARCH 2, 1992 CITY COUNCIL MINUTES SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. SHOTGUNS - 106 - POLICE DEPARTMENT - To Trader Sports, Inc. in the amount of $27,967.59 - Finance and Management Services SPEC 92-005 REPLACEMENT ASPHALT ROLLER - PUBLIC WORKS AGENCY - To Ingersoll-Rand Equipment Sales, Inc. in the amount of $58,454.38 - Finance and Management Services SPEC 92-008 PRINTING AND MAILING OF RECREATION BROCHURES - To B & Z Printing for a two-year period with two one-year extension provisions, in the estimated annual amount of $38,616.00 - Finance and Management Services SPEC 92-012 REPLACEMENT POLICE PATROL SEDANS - 31 - To Maurice J. Soop & Son/General Motors Acceptance Corp. in the amount of $426,702.71 - Finance and Management Services SPEC 92-040 PERIODICALS ON MICROFILM - SANTA ANA LIBRARY - To University Microfilms International in the amount of $3,122.05 - Finance and Management Services SPEC 92-93131 PUMP REPAIR - MEMORIAL PARK - To Orange County Pump Company in the amount of $8,321.34 - Finance and Management Services SPEC 91-96227 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Award in accordance with the Request for Council Action. REPLACEMENT - SIDEWALKS, CURBS AND GUTTERS - CONSTRUCTION - WHEELCHAIR RAMPS - MID-CITY NEIGHBORHOODS - To Fecit Strata, Inc. in the estimated amount of $445,038.25 with total estimated project costs of $525,200.00 - Public Works Agency (Councilmember Acosta registered a "NO" vote.) PROJ 9147C/7558 CITY COUNCIL MINUTES 72 MARCH 16, 1992 Motion: 3.B. Reject all bids. TRAFFIC SIGNAL MODIFICATIONS - 6 SIGNALS - VARIOUS LOCATIONS - Public Works Agency PROJ 1518 CHANGE ORDERS Motion: Approve. 4.A. MAIN STREET SIDEWALKS - Change Order 6; increasing in the amount of $1,650.24 - Public Works Agency PROJ 7404/7981 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS Motion: Receive and file. IM, Dong and Jung - "Sam's Cafe" - 2000 S. Yale, #B, Person-to-person, type 41 On-sale beer and wine, public eating place Police: No protest Planning: No action required 5.8. RODRIGUEZ, Eva and Arturo - "Rib Cage" - 1701 E. McFadden, #J, Person- to-person, type 41 On-sale beer and wine, public eating place Police: No protest Planning: No action required CIVIC CENTER ENTERPRISES, INC. - "Robbie Restaurant" - 901 W. Civic Center Dr., Person-to-person, type 47 On-sale general, public eating place Police: No protest Planning: No action required MISTOFSKY, Jeanette and Robert - "Togo's Eatery" - 1631 E. 17th St., #J, Stock transfer, type 41 On-sale beer and wine, public eating place Police: No protest Planning: No action required PYGASE, INC. - "Le Bistro Cafe" - 2726 S. Grand Ave., Person-to-person, type 47 On-sale general, public eating place Police: No protest Planning: No action required CITY' COUNCIL MINUTES 7~ MARClt 16, L092 GALVAN, Micaela and RODRIGUEZ, Pedro - "El Diamante" - 1300 E. Edinger, Original, type 40 On-sale beer Police: Protest based on high crime rate and others Planning: Conditional Use Permit required FILE BK CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Approve Notice of Exemption and fiIe Findings of Fact. VA 92-001 - 2033 S. Main - Filed by Khurt Geisse to vary from minimum lot size & minimum street frontage for a proposed medical office - Planning and Building Agency Staff recommendation: Approval Planning Commission Action: Approval FILE VA AGREEMENTS Motion: Authorize issuance of requests for proposals. 12.A. DESIGN 1-405/SR55 CONGESTION RELIEF PROJECT (PROJ 1526) AGMT 12.B. DESIGN OF CITY TRAFFIC SIGNAL CONTROL SYSTEM EXPANSION PROJECT (PROJ 2569) AGMT Motion: 12.C. 12.D. Authorize City Attorney to prepare and Mayor and Clerk to execute agreements. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TORRE DE OCTA, INC. - Amendment to lease of office space at 405 W. Fifth Street for Recreation and Community Services Agency to change responsibility for providing janitorial services to the Recreation and Community Services Agency thereby reducing the monthly rental rate from $13,303.75 to $12,845.00 - Community Development Agency A-92-026 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE ~ For termination of an agreement dated October 3, 1972 which provided for the joint use of adjoining parking facilities located within Center Park - Community Development Agency A-92-027 CITY COUNCIL MINUTES 74 M~RC~ 16, Lqg~ BOARDS/COMMISSIONS/COMMITTEES 13.A. RESIGNATION Motion: Accept resignation. John Casteix, 2111 N. Flower Street, as an At-large representative to the Environmental and Transportation Advisory Committee FILE BC 13.B. Motion: APPOINTMENTS Appoint. John Casteix, 2111 N. Flower Street, as the Planning Commission representative to the Environmental and Transportation Advisory Committee for a partial term expiring November 30, 1992 (Replacing Miller) FILE BC UNINVESTIGATED LIABILITY CLAIMS Motion: Refer to administration for processing. 14.A. CLAIMS RECEIVED FROM FEBRUARY 22, 1992 TO MARCH 6, 1992 - Clerk of the Council FILE CLM CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The March 2, 1992 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:45 a.m. on February 27, 1992. NON-CATEGORIZED ITEMS 19.A. APPLICATION - U.S. DEPARTMENT OF JUSTICE - OPERATION WEED AND SEED Motion: Removed for separate action. (See Minutes page 76.9 *** END OF CONSENT CALENDAR*** CITY COUNC~ MINUTES 75 ~Cll 16, 1992 BUSINESS SESSION NON-CATEGORIZED ITEMS 19.A. APPLICATION - U.S. DEPARTMENT OF JUSTICE - OPERATION WEED AND SEED Elba Freeman, 1019 S. Fairview, and Marco Bencom, 7701 W. McFadden, expressed concern that the proposed "Weed and Seed" Program, which targets areas for intensified crime and drug prevention programs, would merely displace criminal activities to adjacent areas. Freeman and Bencom recommended the Program be implemented citywide. The Police Chief responded to their concerns indicating the Program targeted individuals, not locations, and utilized non-traditional enforcement methods. Motion: Autho~ze. Police Chief to submit an application to the U.S. Department of Justice for the City of Santa Ana's participation in Operation Weed and Seed MOTION: McGuigan SECOND: Pulido VOTE: A YES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK PRESENTATION (Taken up out of Agenda order.) Proclamation declaring April 4, 1992 as "Santiago Creek Day," presented by COUNCILMEMBER RICHARDSON to Santiago Creek Greenway Alliance Board Member Maryann Skorpanich CITY COUNCIL MINUTES 76 MARCH 16, 1992 RESOLUTIONS 35.A. Motion: MEMBERSHIP - EDUCATIONAL AND COMMUNITY FACILITIES PROJECT AREA COMMITTEE Adopt resolution. RESOLUTION 92-023 - A resolution of the City Council of the City of Santa Ana approving a representative project area committee in the Educational and Community Facilities Redevelopment Project - Community Development Agency MOTION: McGuigan SECOND: Young VOTE: A YES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK 35.B. Motion: INDUSTRIAL DEVELOPMENT REFUNDING BONDS - CIVIC CENTER MEDICAL ARTS PROJECT Adopt resolution. RESOLUTION 92-024 - A resolution authorizing the issuance, sale and delivery of variable rate demand Industrial Development Revenue Refunding bonds (Civic Center Medical Arts Project), 1992 Series A, authorizing the execution and delivery of an indenture of trust, loan agreement, preliminary official statement, bond purchase agreement and intercreditor agreement; and authorizing the execution and delivery of and approving other related documents and approving other related actions in connection therewith - Community Development Agency MOTION: Pulido SECOND: Richardson VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None CITY COUNCIL MINlYI'ES 77 MARCH 16, 1992 35.C. Motion: APPLICATION - MEASURE M TRANSPORTATION FUNDS 1. Adopt resolution. RESOLUTION 92-025 - A resolution of the City Council of the City of Santa Ana requesting the Orange County Local Transportation Authority and the Board of Supervisors of Orange County to include within the Orange County Combined Transportation Funding programs the improvement of certain streets in the City of Santa Ana- Public Works Agency 2. Authorize. Executive Director of the Public Works Agency to submit grant applications for transportation funds to Orange County Transportation Authority. 3. Authorize. City Attorney to prepare and the Mayor and Clerk to execute any agreements on behalf of the City. A-92-028(A- ) MOTION: Young SECOND: McGuigan VOTE: A YES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK 35.D. Motion: ESTABLISHMENT - GLENWOOD/SPRUCE PERMIT PARKING DISTRICT Adopt resolution. RESOLUTION 92-026 - A resolution of the City Council of the City of Santa Ana establishing the Glenwood/Spruce Permit Parking District - Public Works Agency MOTION: VOTE: ABSENT: McGuigan SECOND: Norton AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None None FILE BK CITY COUNCIl, MIN1JTES 78 MARClt 16, 1~92 35.E. DESTRUCTION OF VIDEO TAPES OF COUNCIL MEETINGS The Mayor expressed concern that the tapes of the Council meetings were historic documents and should be retained. Motion: Remove the following item from the Agenda. RESOLUTION 92-027 - A resolution of the City Council of the City of Santa Ana authorizing the Clerk of the Council to destroy obsolete video tapes of City Council Meetings - Clerk of the Council MOTION: Young SECOND: Pulido VOTE: AYES: McGuigan NOES: Acosta, Griset, Norton, Pulido, Richardson, Young ABSENT: None FILE BK PUBLIC HEARINGS 75.A. REALLOCATION - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - APPROPRIATION ADJUSTMENT 92-246 Proposal to realloeate $10,000.00 from the Santa Ana Council of Arts and Culture to fund a new heating system for the Pacific Symphony's rehearsal hall; $1,200,000.00 from the Jerome Park Project to estabIish a project for soccer fields at Centennial Park; and $350,000.00 from unanticipated revenue due to the completion of the Economic Development Corporation Mercury Loan Program to the Library Turning Court Project Legal notice published in the O.C. Register on March 6, 1992 The Mayor opened the public hearing regarding the reallocation of various Community Development Block Grant Funds at 6:50 p.m. Presentation of staff report and staff comments by: Cindy Nelson, Executive Director, Community Development Agency Presentation of written comments by Janice C. Guy, Clerk of the Council: None There were no speakers on the matter. The Mayor closed the public hearing at 6:52 p.m. CITY COUNCIL MINUTES 79 MARCH 16, 1992 Motion: Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 92-246 - Transferring $I0,000.00 from account 135-146-6931-PROJ 7543-Santa Ana Council of Arts & Culture to account 135-149-6931-PROJ 7686-Pacific Symphony; $1,200,000.00 from account 135-149-6621-PROJ 7612-Jerome Park to account 135-149-6621-PROJ 7504-Centennial Park Soccer Complex; and $350,000.00 from account 135-01- 5350-Anticipated Revenue to account 135-149-6621-PROJ 7979-Library Renovation - Community Development Agency MOTION: Richardson SECOND: McGuigan VOTE: A YES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE APAD 75.B. APPEAL APPLICATION 91-004 - VA 91-003 Filed by the Apostolic Church to allow six variances for landscaping setbacks and parking in order to convert a vacant professional office building into a church at 112-122 E. Pomona and 111-121 E. Berkeley Recommended for denial by the Planning Commission on February 24, 1992, by the following vote: AYES: NOES: ABSENT: Casteix, Doughty, Godinez, Mills, Mondo, Oliver None Miller Legal notice mailed on March 6, 1992 Motion: Continue consideration of Appeal Application 91-004 to April 20, 1992. MOTION: Pulido SECOND: Norton VOTE: A YES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE VA CITY COUNCIL MINUTES 80 MARCH 16, 1992 75. C. APPEAL APPLICATION 92-003 - CUP 91-011 Filed by Mohammad Z. Johar to allow indoor entertainment and a cover charge at Mr J's Restaurant at 2101 E. Edinger Avenue Recommended for denial by the Planning Commission on February 10, 1992, by the following vote: AYES: NOES: ABSENT: Casteix, Doughty, Godinez, Miller, Mills, Mondo, Oliver None Miller Legal notice mailed on March 6, 1992 The Mayor opened the public hearing regarding Appeal Application 92-003 and Conditional Use Permit 91-011 at 6:55 p.m. Presentation of staff report and staff comments by: Planning and Building Agency Executive Director Robyn Uptegraff and Police Chief Paul Walters Presentation of written comments by Janice C. Guy, Clerk of the Council: Applicant's Memorandum received March 10, 1992 in the Clerk's office The following persons spoke in favor of Appeal Application 92-003: Kevin Collins, 2231 Lomita James Mackey, 1190 W. 23rd Street, Upland Joshua Kaplan, 9171 Wilshire Blvd., Beverly Hills Leo Parker, 1602 Nissan Road, #W-5, Tustin Kaplan, legal counsel for the applicant, also provided the Council with an amended Exhibit B.2 to replace that exhibit in Applicant's Memorandum. He requested that applications previously filed with the Planning Commission on January 29 and February I0, 1992 be made a part of the record, but did not provide copies of those applications. The Mayor closed the public hearing at 7:28 p.m. Councilmembers discussed various issues relating to Appeal Application 92-003 including but not limited to parking, crime, security, and land use regulation. RECESSED - 7:53 P.M. RECONVENED - COUNCIL CHAMBERS - 8:07 P.M. - All Councilmembers present. CITY COUNCIL MINUTES 81 MARCH 16, Lq92 Police Chief Walters introduced Maryann Eckoff, Alcoholic Beverage Control Enforcement Supervisor, who provided the Council with statistics regarding sales of alcoholic beverages and food and the cover charge levied by Mr. J's for the fourth quarter of 1990. Continue consideration of Appeal Application 92-003 to April 6, 1992. Motion: MOTION: VOTE: ABSENT: The motion failed. Motion: Acosta SECOND: Norton AYES: Acosta, Norton NOES: Griset, McGuigan, Pulido, Richardson, Young None Approve and file Notice of Exemption and instruct the City Attorney to prepare a resolution denying Appeal 92-003, denying CUP 91-011, and affirming the decision of the Planning Commission. MOTION: Richardson SECOND: Griset VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE CUP 85.A. Motion: MOTION: Acosta The motion died for lack of Second. LAND USE CERTIFICATE APPEAL PROCESS - ACOSTA Instruct staff to develop an appeal process which wouM permit appeals of Land Use Certificate decisions to the City Council. FILE BK 85.B. STRAWBERRY BOOTH PERMITS FOR NON-PROFIT ORGANIZATIONS (To be limited to 6) - ACOSTA Following discussion of a proposal by Councilmember Acosta with respect to issuance of strawberry booth permits for non-profit organizations, the Mayor requested the City Manager provide the Council with information regarding a similar program administered by Orange County. FILE BK CITY COUNCIL MINUTES 82 MARCH 16, 1992 85.C. CREATION OF YOUTH ADVISORY BOARD - ACOSTA With the unanimous informal consent of the Council, the Mayor requested that staff investigate establishment of a Youth Advisory Board using the following guidelines: The Board would be composed of a broad cross-section of students from the City's various high schools. Said Board would meet approximately three to four times per year for the purpose of discussing City issues which affect students. The Board would have a specified agenda of issues. The membership of the Board would be determined through a process administered by the high schools, not the Council. COMMENTS 90.A. PUBLIC COMMENTS Margaret Farris, 15200 S. Magnolia, Westminster, repeated her comments concerning threats to her personal safety by Fernando Pena and also requested her daughter be removed from the foster home in which she was residing. V. L. McGowan, 1405 S. Bristol, warned the listening audience that the proposed citywide redevelopment project would deprive citizens of individual freedoms and property rights. Gerald Conrady, 5621 W. Barbette, requested assistance from the Council in overruling a decision by the Zoning Administrator to deny his home occupation permit for operating a gunsmith facility in his back yard. The Mayor requested the City Attorney respond to Mr. Conrady in writing and provide the Council with a copy of the response. Jim McGuigan, 5642 Keelson, recommended that the City Council tapes proposed for destruction by the Clerk of the Council be given to the Santa Ana Library so the tapes can be made available for borrowing by the general public. He also informed the Council that in the near future Comcast would be requesting the City reduce Comcast's Letter of Credit. He suggested that the City evaluate this request based on performance and not accept a simple statement from the Comcast General Manager as to the firm's performance. CITY COUNCIL MINUTES 83 MARCH 16, 1992 CHANGE ORDERS 99.A. CITY CORPORATE YARD INTERIM GRADING - CHANGE ORDER NO. 1 Motion: Find that the need to take action regarding Change Order No. 1 for the City Yard Site Interim Grading Project arose subsequent to the preparation of the Agenda. MOTION: Richardson SECOND: McGuigan Motion: VOTE: AYES: NOES: ABSENT: None Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None Approve Change Order No. 1 for the City Yard Site Interim Grading in the amount of $50,000.00. MOTION: Richardson VOTE: AYES: NOES: SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None PROJ 6209D Councilmember Acosta requested staff provide him with a copy of the preliminary soils report for the project. 90.C. CITY COUNCIL COMMENTS Councilmember Norton requested staff provide an update regarding the proposed City Arena at the next Council meeting, specifically City expenditures to date; City funds committed, current and anticipated, to the project; current status of development; and viability of the project. In response to Councilmember Acosta's inquiry, the Mayor indicated that staff would be following through any appropriate action regarding a traffic survey conduted by the Bristol Manor Neighborhood Association. In response to Councilmember Acosta's comments that the members of the City Council had not responded to his memos regarding the items he had placed on the agenda (Items 85.A.- C.), the City Attorney recommended against the circulation of memos among Council- members to prevent possible violations of the Brown Act prohibition against seriatim meetings. CITY COUNCIL MINUTES 84 MARCH 16, 1992 Councilmember McGuigan wished the best to the Mater Dei Basketball Team in its quest for the CIF Championship. Mayor Pro Tern Pulido requested that staff provide a status report regarding the trees on Forest Avenue. Councilmember Richardson reported on his gang-detail fide-along last Friday evening and commended Sgt. Shearer, in particular, for his contained response under challenging circumstances. He also requested that staff prepare an appropriate recognition for work accomplished by Sgt. Collie Provence in the Washington Square Neighborhood. Councilmember Richardson also advised the listening audience of a "Destination Through Design" Community Workshop for the North Main/North Broadway Corridor between 17th Street and Civic Center Drive sponsored by the City and the American Institute of Architects scheduled for March 27-29, 1992 beginning Friday evening at 1104 N. Main Street. RECESSED TO CLOSED SESSION - ROOM 147 - 9:36 P.M. The Clerk of the Council announced the City Council was recessing to Closed Session pursuant to: Government Code Section 54956(a) to confer with the City Attorney regarding pending litigation which had been initiated formally to which the City was a party, to wit: City of Santa Ana vs. Days Inn of Santa Ana City of Santa Ana vs. Henderson, et al; Government Code Section 54956.9(b)(1) regarding pending litigation of significant exposure; and Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters. RECONVENED - COUNCIL CHAMBERS ~ 9:49 P.M. - All Councilmembers present. 70.A. Motion: CLOSED SESSION REPORT 1. Authorize the Mayor and Clerk to execute agreement. Memorandum of Understanding between the City of Santa Ana and the Fire Management Association for Fiscal Year 1991-92. A-92-029 CrlYY COUNCIL I~ES 85 MARClt 16, 1992 Motion: 2. Authorize settlements as follows: Claim No. 92-046, Salvador Garibay, Jr., in the amount of $7,000.00. City of Santa Ana vs. Henderson, et al, in the amount of $25,000.00 for loss of goodwill. City of Santa Ana vs. Days Inn of Santa Ana, in the amount of $30,000.00. Claim No. 91-097, Agustin Ramon, in the amount of $9,200.00. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ADJOURNMENT - 9:51 P.M. - To 7:30 a.m. on Wednesday, March 18, 1992 in the Casa Santa Fe Room, Regional Transportation Center, 11900 E. Santa Aha Boulevard, to meet with the Educational and Community Facilities Redevelopment Plan Committee. Clerk of the Council CITY COUNCIL MINUTES 86 MARCII 16, 1992