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Home My WebLink About08-17-1992MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 17, 1992 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:16 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor Pro Tern DANIEL E. GRISET PATRICIA A. McGUIGAN RICK NORTON ROBERT L. RICHARDSON Absent: DAN YOUNG, Mayor JOHN ACOSTA STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council Absent: NONE PLEDGE OF ALLEGIANCE EXCUSED ABSENCES Mayor Pro Tem Pulido noted for the record that the absences of Councilmember Acosta and Mayor Young were excused (by the unanimous informal consent of the Council). PRESENTATIONS Presentation of the Dr. Ron Stone Memorial Award by COUNCILMEMBER McGUIGAN to Tony Suskie and Norm Cloutier of Tony's CITY COUNCIL MINUTES 257 AUGUST 17, 1992 Unocal 76 and Towing for provision of towing services at the annual City of Santa Ana Classic and Antique Car Parade Presentation of the Max Woolery Award by Recreation and Community Services Executive Director Allen Doby to COUNCILMEMBER McGUIGAN for her continuing and outstanding support of the Classic and Antique Car Parade CONSENT CALENDAR Mayor Pro Tem Pulido announced the following modifications to the Consent Calendar: 1. Registration of a "NO" vote on Items 3.B. and 21.A. by Councilmember Norton. 2. Removal of Item 12.A. for separate action. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Richardson SECOND: Norton VOTE: AYES: Griset, McGuigan, Norton, Pulido, Richardson NOES: None ABSENT: Acosta, Young MINUTES Motion: 1.A. Approve Minutes. REGULAR MEETING OF AUGUST 3, 1992 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: 2.A. Award in accordance with Request for Council Action. DIGITAL EQUIPMENT COMPUTER MAINTENANCE - POLICE DEPARTMENT - To Jadtec Computer Group for an 18-month period in the amount of $10,281.00 - Finance and Management Services SPEC 92-045 CITY COUNCIL MINUTES 258 AUGUST 17, 1992 2oC. WATER PUMP REPAIR - SOUTH RESERVOIR BOOSTER STATION - To Power Application and Manufacturing Company in the estimated amount of $11,200.00 - Finance and Management Services SPEC 92-063 TRAFFIC SIGNAL CONTROLLER EQUIPMENT (PROJ 1518) - SIX INTERSECTIONS - To Multisonics in the amount of $21,500.00 - Public Works Agency/Finance and Management Services -S-laEC PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Award in accordance with Requests for Council Action. 3,Ao WEED ABATEMENT SERVICES - To Naranjo Landscaping in an amount not to exceed $150,000.00 - Public Works Agency PROJ 2173 MEDIAN LANDSCAPE IMPROVEMENTS - EDINGER AVENUE - To Plaza Landscape, Inc. in the estimated amount of $493,182.43 with total estimated construction costs of $573,060.00 - Public Works Agency (Councilmember Norton registered a "NO" vote.) PROJ 7041/7625 ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATIONS Motion: Receive and file. SHERBANEE ENTERPRISES, INC. - "The Turnip Rose" - 3 Imperial Promenade, Person-to-person and premises-to-premises transfer, type 47 On-sale general, public eating place Police: No protest Planning: No action required PLANET HOLLYWOOD-SOUTH COAST PLAZA, INC. - "Planet Hollywood" - 1641 W. Sunflower, Person-to-person transfer, type 47 On-sale general, public eating place Police: No protest Planning: No action required 5.C° GLEASON, James and Josephine. - "Togo's" - 2860 S. Bristol, gE, Person-to- person transfer, type 41 On-sale beer and wine, public eating place Police: No protest Planning: No action required CITY COUNCIL MINUTES 259 AUGUST 17, 1992 5oD. GILBERT, LaVerna - "Shelly's Restaurant" - 800 N. Tustin Ave., #A2, Dropping partner, type 47 On-sale general, public eating place Police: No protest Planning: No action required PRIME SANTA ANA JOINT VENTURE - "Quality Suites" - 2701 Hotel Terrace Drive, Person-to-person transfer, type 48 On-sale general, public premises and type 20 Off-sale beer and wine Police: No protest Planning: No action required GUZMAN, Ismael and LOPEZ, Delia - "Los Panchos #3" - 1717 S. Main, Original, type 41 On-sale beer and wine, public eating place Police: Protest based on above-average crime rate Planning: Conditional Use Permit required FILE BK TENTATIVE PARCEL/TRACT MAPS Motion: Approve and file Notice of Exemption;find that the proposed subdivisions and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in Planning Manager's report. PARCEL MAP 91-307 - 5501 W. Roosevelt Avenue - Filed by Quang Chi Pham to subdivide a 21,2450 square-foot parcel into three 7,190 square-foot parcels to permit construction of a new single-family residence - Planning and Building Agency Zoning Administrator action: Approval FILE PMAP AGREEMENTS Motion: Removed for separate action. 12.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY - (See Minutes page 263.) Motion: 12.B. Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE GREATER SANTA ANA CHAMBER OF COMMERCE - For continued implementation of the SANTA ANA PROUD program in the amount of $80,000.00 - City Manager A-92-103 Cfl'Y COUNCIL M]NU'I'ES 260 AUGUST 17, 1992 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE - To provide OPERATION WEED AND SEED with the services of one Deputy District Attorney and one Deputy Probation Officer in an amount not to exceed $146,161.00 for the period April 1-December 31, 1992 with a nine-month renewal option if grant funding is available - Police Department A-92-104 BOARDS/COMMISSIONS/COMMITTEES 13.A. APPOINTMENTS Motion: Appoint. Dolores Gutierrez, 702 N. Euclid St., recommended by COUNCILMEMBER ACOSTA as the Ward 3 representative to the Personnel Board for a partial term expiring November 30, 1992 (Replacing Cayo) FILE BC Manuel J. Pefia, 4812 W. McFadden, recommended by COUNCILMEMBER ACOSTA as a representative to the Uniform Code Appeals Board for a partial term expiring November 30, 1992 (Replacing Dillen) FILE BC 13.B. Motion: RESIGNATIONS Accept with regret; authorize preparation of appropriate recognition for service to the City. Linda M. Dean, Ward 6 representative to the Board of Recreation and Parks effective August 3, 1992. (Term expiring 11/30/94) FILE BC UNINVESTIGATED LIABILITY CLAIMS Motion: Adopt. 14.A. CLAIMS PROCEDURE MODIFICATION - Clerk of the Council FILE CLM Motion: 14.B. Refer to administration for processing. CLAIMS RECEIVED FROM JULY 25, 1992 TO JULY 31, 1992 - Clerk of the Council FILE CLM CITY COUNCIL MINUTES 261 AUGUST 17, 1992 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The August 3, 1992 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:15 p.m. on July 29, 1992. 15.B. The letter of resignation from Linda M. Dean, Ward 6 representative to the Board of Recreation and Parks, was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 12:00 noon on August 7, 1992. 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. Ifa Councilmember was absent on the previous meeting, but is present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences at the meeting are recorded as such. 21.A. RESIDENTIAL RENTAL PROPERTY CODE ENFORCEMENT PROGRAM (Placed on first reading on August 3, 1992 by a 5/2 vote with Acosta and Norton dissenting.) Ordinance published in the O.C. Reporter on August 7, 1992 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2173 - An ordinance of the City of Santa Ana adding Section 21-120r. 1 to the Santa Ana Municipal Code to establish a Residential Rental Surcharge in the Business License Tax - Planning and Building Agency (Councilmember Norton registered a "NO" vote.) FILE REPT 21.B. COMPLIANCE WITH ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN (Placed on first reading on August 3, 1992 by a unanimous vote.) Ordinance published in the O.C. Reporter on August 7, 1992 CITY COUNCIL MINUTES 262 AUGUST 17, 1992 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2172 - An ordinance of the City of Santa Ana adding Sections 34-4 and 41-780 to the Santa Ana Municipal Code to require that all applicable zoning, subdivision, Conditional Use Permit, and Variance decisions be consistent with the County Hazardous Waste Management Plan - Planning and Building Agency FILE BK BUDGET ADJUSTMENTS APPROPRIATION ADJUSTMENT 93-046 - JOB TRAINING PARTNERSHIP ACT Motion: Approve. (Requires five affirmative votes) Increase in budgeted revenues and expenditures in Fund 132 recognizing $29,000.00 in unanticipated Job Training Partnership Act revenue and appropriating same to Title IIA 8%-30% Program - Finance and Management Services FILE APAD *** END OF CONSENT CALENDAR*** AGREEMENTS Councilmember Norton requested Item 12.A. be continued to allow him more time to understand the specifics of the Main Street Concourse Project. Motion: Continue consideration of the following agreement to September 8, 1992. 12.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY - For transportation system improvements for the Main Street Concourse Project to be funded through the formation of a Community Facilities District (CFD) - Public Works Agency A-92-102 MOTION: Norton SECOND: McGuigan VOTE: AYES: Griset, McGuigan, Norton, Pulido, Richardson NOES: None ABSENT: Acosta, Young crrY COUNCIL MINUTES 263 AUGUST 17, La92 BOARDS/COMMISSIONS/COMMITTEES Motion: 13.C. PRIVATE INDUSTRY COUNCIL APPOINTMENTS Gilbert Gonzales, 114 S. Shelton, spoke regarding the important role of the Private Industry Council in creating jobs. Appoint to the Private Industry Council. Private Sector representatives Suzi Sgro Colleen Buffington Ronald Izumita William Crone MOTION: Richardson VOTE: Costal Community Hospital Beauty Academy Peridian Astech/MCI SECOND: Griset AYES: Griset, McGuigan, Norton, Pulido, Richardson NOES: None ABSENT: Acosta, Young FILE BC RESOLUTIONS 35.A. ESTABLISHMENT OF RECLAIMED WATER RATES Motion: Adopt resolution. RESOLUTION 92-078 - A resolution of the City Council of the City of Santa Ana establishing the reclaimed water rates of the City of Santa Aha - Public Works Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: SECOND: Richardson Griset, McGuigan, Norton, Pulido, Richardson None Acosta, Young FILE BK CITY COUNCIL MINUTES 264 AUGUST 17, 1992 35.B. Motion: HOME MORTGAGE FINANCE PROGRAM Adopt resolution. RESOLUTION 92-079 - A resolution of the City Council of the City of Santa Ana adopting a Home Mortgage Finance Program in cooperation with the County of Orange - Community Development Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Young SECOND: Norton Griset, McGuigan, Norton, Pulido, Richardson None A-92-105 35.C. Motion: EXPANSION OF THE HUMAN RELATIONS COMMISSION 1. Adopt resolution. RESOLUTION 92-075 - A resolution of the City Council of the City of Santa Ana increasing the number of members of the Human Relations Commission to Fifteen Members - Council Services 2. Nominate the following: (To fill vacancies on expanded Human Relations Commission) Mai Cong Yamil Fernandez Sara Lundquist Michael Potts Michael Salgado Sandra Thrower MOTION: Griset VOTE: ABSENT: 2617 W. Northwood 1139 Bomo Koral 2472 Riverside Drive 404 W. Jonquil Road 1601 W. St. Andrew Place 3930 W. Fifth St. SECOND: McGuigan AYES: Griset, McGuigan, Norton, Pulido, Richardson NOES: None Acosta, Young FILE BC CITY COIJNCIL MINUTES 265 AUGUST 17, 1992 PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION 1057, VESTING TENTATIVE TRACT MAP 14664, CUP 92-014 Filed by MacArthur Partners to construct 346 residential units and 86,913 square feet of commercial development at 3401 S. Main Street in the SD-43 District Recommended for approval by the Planning Commission on July 27, 1992 by the following vote: AYES: Casteix, Godinez, Miller, Mills, Mondo NOES: None ABSENT: Doughty, Oliver Legal Notice published in O.C. Register and mailed on August 7, 1992 The Mayor Pro Tern opened the public hearing regarding Amendment Application 1057, Vesting Tentative Tract Map 14664, and Conditional Use Permit 91-014 at 6:38 p.m. Presentation of staff report and staff comments by: Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written comments by Janice C. Guy, Clerk of the Council: None The following persons spoke in favor of the proposed Amendment Application and related actions: Jim Walker, 3721 S. Ross Tim Roberts, MacArthur Place Partners Ernie Vasquez, MacLarand & Vasquez (Architects) The Mayor Pro Tern closed the public hearing at 6:49 p.m. Motion: 1. Place the following ordinance on first reading and authorize publication of title. ORDINANCE NS-2174 - An ordinance of the City of Santa Ana amending Specific Development Plan No. 43, pertaining to the MacArthur Place Development Project - Planning and Building Agency Find that the proposed subdivisions and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in Planning Manager's report. CITY COUNCIL MINUTES 266 AUGUST 17, 1992 Note: VESTING TENTATIVE TRACT MAP 14664 - 3401 S. Main - Filed by MacArthur Partners - To subdivide the existing four lots to allow the creation of 105 townhouse units and 241 condominium flats as well as separate lots for the commercial component - Planning and Building Agency Planning Commission action: Approval FILE TMAP 3. Approve and file Findings of Fact. CUP 92-014 - 3401 S. Main - Filed by MacArthur Partners - To permit a health studio to be located at the northeast corner of Imperial Promenade and MacArthur Blvd. in Specific Development No. 43 - Planning and Building Agency Planning Commission Action: Approval FILE CUP MOTION: Richardson SECOND: McGuigan VOTE: AYES: Griset, McGuigan, Norton, Pulido, Richardson NOES: None ABSENT: Acosta, Young Councilmember Norton was not actually present at the time of the vote, but with the unanimous informal consent of the Council, permitted to register his vote later in the meeting. 75.B. GENERAL PLAN AMENDMENT 92-005, AMENDMENT APPLICATION 1058, RESIDENTIAL RELOCATION 92-003 General Plan Amendment 92-005 proposes to redesignate three parcels located at 115 and 119 E. Occidental, and 1810-1812 S. Cypress from GB (General Business) to LR (Low Density Residential/seven dwelling units per acre) District. Amendment Application 1058 filed by Jose Hernandez proposes to rezone the three parcels from the C1 (Community Commercial) to Ri (Single Family Residence). Residential Relocation 92-003 proposes the relocation of an existing residential structure to and the construction of a new two-car garage at 115 E. Occidental Street. Recommended for approval by the Planning Commission on July 27, 1992 by the following vote: AYES: NOES: ABSENT: Casteix, Godinez, Miller, Mills, Mondo None Doughty, Oliver cfr'g COUNCIL MINUTES 267 AUGUST 17, 1992 Legal Notice published in O.C. Reeister and mailed on August 7, 1992 The Mayor Pro Tern opened the public hearing regarding General Plan Amendment 92-005 and related items at 6:51 p.m. Presentation of staff report and staff comments by: Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written comments by Janice C. Guy, Clerk of the Council: None There were no speakers on the matter. The Mayor Pro Tem closed the public hearing at 6:54 p.m. Motion: 1. Adopt resolution. RESOLUTION 92-080 - A resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan (GPA 92-5) - Planning and Building Agency 2. Approve Notice of Exemption and place the following ordinance on first reading and authorize publication of title. ORDINANCE NS-2175 - An ordinance of the City of Santa Ana rezoning certain property located at 115 and 119 East Occidental Street and 1810-1812 South Cypress Avenue from the C1 (Community Commercial) District to the R1 (Single-Family Residence) District (AA No. 1058) - Planning and Building Agency 3. Approve as conditioned by staff. RESIDENTIAL RELOCATION 92-003 - 1 I5 E. Occidental - Filed by Jose Hernandez to permit the relocation of an existing residential structure to and construction of a new two-car garage at 115 E. Occidental Street - Planning and Building Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Acosta, Young SECOND: Richardson Griset, McGuigan, Norton, Pulido, Richardson None FILE CITY COUNCIL MINUTES 268 AUGUST COMMENTS 90.A. PUBLIC COMMENTS The following persons spoke regarding the newly expanded Human Relations Commission (see Item 35. C. on Minutes page 265) and opined that the City's gang prevention program would be more effective if the Council would allow individuals with gang backgrounds to be more directly involved: Gilbert Gonzales, 114 S. Shelton A1 Amezcua, 1030 W. Glenwood Jim Walker, 3721 S. Ross David Keller, 1605 N. Pm'ton, expressed concern that the City Library parking structure was closed on Saturdays and suggested that free Saturday parking be allowed for library patrons in the metered areas adjacent to the Library. Keller also suggested the City publicize both the broadcast schedule and parking validation for City Council meetings. Library Director Rob Richardson clarified that free Saturday parking was available at three parking lots near the Library: adjacent to City Hall, by the County Hall of Administration, and across Civic Center Drive north of the Library. Councilmember McGuigan suggested a sign be prepared indicating parking tickets of individuals attending City Council meetings were validated at the Clerk's desk in the Council Chambers. Councilmember Norton expressed concern that an insufficient number of nominees had been placed before the Council for the Private Industry Council appointments (see Item 13. C. on Minutes page 264) and requested the City Attorney review the regulation concerning the required ratio of nominees to appointments. Motion: Reconsider Item 13. C. MOTION: Norton Motion died for lack of second. Paul Le, 810 S. Bristol, requested assistance from the Council in relocating a lawn mower shop from 1345 S. Bristol to 810 S. Bristol and was referred to the Planning Manager Ken Adams for assistance by the Mayor Pro Tern. V. L. McGowan, 1405 S. Bristol, reported no progress had been made concerning acquisition of his property by the City for the Bristol Widening Project and opined that adoption of a citywide redevelopment project area would result in a lack of street improvements. CITY COUNCIL MINUTES .?69 AUGUST 17, 1992 Dolores Otting, 2130 Canyon Drive, expressed concern regarding the credibility of the statistic~ reported in the Orange County Waste Characterization Study Landfill Breakdown and suggested Santa Ana audit tonnage receipts provided to the City by Waste Management, Inc. to verify the accuracy of the figures in the landfill breakdown report. Madeline Arakelian, South Coast Refuse Corp., expressed the opinion that Waste Management, Inc. 's refuse collection charges were excessive, and provided the Council with a document prepared by Green Peace which she urged the Council review before concluding its negotiations for a new trash hauling contract with Waste Management. Clifford Labord, property owner of 101(' W. Highland, cited drug-dealing problems in the neighk, orhood adjacent to Pio Pico School and suggested that a road barrier might help to reduce drug sales. The City Manager reported he was aware of and working on the problem. RECESSED TO CLOSED SESSION - ROOM 147 - 7:39 P.M. The Clerk of the Council announced that 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: Coleman vs. City of Santa Aha (Worker's Compensation) Nguyen vs. City of Santa Ana Plummet vs. City of Santa Aha RECONVENED - COUNCIL CHAMBERS - 7:47 P.M. - All Councilmembers present. 70.A. Motion: CLOSED SESSION REPORT Authorize settlements as follows: Plummer vs. City of Santa Ana (cross complaint), accept tender of insurance policy limit in the amount of $15,000.00. Coleman vs. City of Santa Ana (Worker's Compensation), compromise and release in the amount of $25,000.00. Nguyen vs. City of Santa Ana, in the amount of $11,000.00. MOTION: McGuigan SECOND: Norton CITY COUNCIL MINUTES 270 AUGUST 17, 1992 VOTE: AYES: Griset, McGuigan, Norton, Pulido, Richardson NOES: None ABSENT: Acosta, Young 90.C. CITY COUNCIL COMMENTS Councilmember McGuigan noted that the Santa Ana Zoo had been recognized for saving "Big Cats" and suggested members of the listening audience pick up posters at the Zoo which would benefit both the animals and the Zoo. She also urged those listening to the Council meeting to attend the Annual Santa Aha Police and Fire Vehicle Display Show scheduled for August 29, 1992 at the Metro Town Square Shopping Center. Councilmember Griset reported a billboard on the Garden Grove (22) Freeway advertising Paddy Murphy's Bar, a facility operating under "theater protections" in the City, and suggested the Mayor send a letter to the billboard company expressing concern regarding the use of the billboard for that purpose. With the unanimous informal consent of the Council, the Mayor Pro Tern ruled that directive be forwarded to the Mayor. Councilmember Richardson: suggested that concerned Santa Ana residents might also like to forward complaints concerning the billboard to Regency Outdoor Advertising by calling (310) 657-8853; reported a successful rally for the Weed and Seed Program at Jerome Park during the last weekend and thanked City staff, particularly Norm Canchola, Mary Castillo- Gonzales, and Lt. Jose Gareia, for a "job well done"; requested that KPAR-106 Radio be recognized at a future Council meeting for donating food for the rally and supporting the City in general; commended staff on the excellent facilities in the West End Police Substation; and reported favorable comments from Eastside neighborhood residents regarding the new street lights in the Wakeham-Halliday area. Mayor Pro Tern Pulido expressed his intentions to work toward a more efficient push-cart vendor program in the near future. ADJOURNMENT - 7:54 P.M. Janice C. Guy Clerk of the Council CITY COUNCIL MINUTES 271 AUGUST 17, 1992