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Home My WebLink About10-19-1992MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 19, 1992 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:10 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tem JOHN ACOSTA DANIEL E. GRISET PATRICIA A. McGUIGAN RICK NORTON (6:30 P.M.) ROBERT L. RICHARDSON Absent: NONE STAFF Present: DAVID N. REAM, C3ty Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council Absent: NONE PLEDGE OF ALLEGIANCE EMPLOYEE AWARDS MAYOR YOUNG 35 Years of Service Victor Flores Public Works Agency Nick Godinez Public Works Agency CITY COUNCIL MINUTES 315 OCTOBER 19, 1992 PRESENTATIONS Proclamation declaring October 26-30, 1992 as "School/Business Partnership Week" in Santo Aha presented by COUNCILMEMBER RICHARDSON to Santa Aha Unified School District Superintendent Rudy Castruita and Santa Ana Chamber of Commerce President Mike Metzler Recognition by Mayor Young of the following School/City Partnerships: School Century High School City Agency Recreation and Community Services Saddleback High School Community Development Agency Santa Ana High School Santa Ana Police Department Valley High School Planning and Building Agency Carr Intermediate Construction Division, Public Works Agency Lathrop Intermediate Engineering Division, Public Works Agency MacArthur Intermediate Transportation Division, Public Works Agency McFadden Intermediate City Attorney Sierra Intermediate Fleet Maintenance, Finance and Management Services Spurgeon Intermediate Engineering Division, Public Works Agency CITY COUNCIL MINUTES 316 OCTOBER ]9, L~92 Willard Intermediate Business Education Network Information Services, Finance and Management Services Personnel Services OATHS OF OFFICE Administered by the Clerk of the Council to: Nydia F. Hemandez, Ward 2 representative to the Library Board Deborah G. Cooper, representative to the Human Relations Commission CONSENT CALENDAR Mayor Young announced the following modifications to the Consent Calendar: Removal of Items 8.B., 12.B., 12.C., 12.G., and 18.A. for separate action. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None MINUTES Motion: 1.A. Approve Minutes. REGULAR MEETING OF OCTOBER 5, 1992 CITY COUNCIL MINUTES 317 OCTOBER 19, 1992 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. ANIMAL SHELTER SERVICES - POLICE DEPARTMENT - To Grand Pet Care Centers for a 24-month period with provision for three additional 12- month extensions in the estimated annual amount of $100,875.00 - Finance and Management Services SPEC 92-062 MICROFILM PROCESSOR - POLICE DEPARTMENT - To Data Microfilming Corporation in the amount of $14,796.00 - Finance and Management Services SPEC 92-073 REPLACEMENT MOTORCYCLES (2) - POLICE DEPARTMENT - To V.I.P. Motorcycles, Inc. in the amount of $14,558.68 - Finance and Management Services SPEC 92-080 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. TREE TRIMMING - VARIOUS STREETS - To Landscape West, Inc. in the amount of $35,875.00 - Public Works Agency PROI 2172-2 TREE PLANTING - VARIOUS STREETS - To Delta Landscape, Inc. in the amount of $84,312.50 - Public Works Agency PROJ 7028-2 ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATIONS Motion: Receive and file. KAPLAN'S SA, INC. - "Kaplan's" - 2660 N. Main St., Stock transfer, type 47 On-sale general, public eating place Police: No protest Planning: No action required UPPLE, Shinda and Paramjeet - "Circle 7 Market" - 2102 W. 17th St., Person- to-person transfer, type 20 Off-sale beer and wine Police: No protest Planning: No action required CITY COUNCIL MINUTES 318 OCTOBER 19, 1992 SOUTHLAND CORP. and PEREDO, Kyung and Anthony - "7-Eleven" - 902 W. Edinger Ave., Person-to-person transfer, type 20 Off-sale beer and wine Police: No protest Planning: No action required FILE BK CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Approve Negative Declaration and file Findings of Fact. CUP 92-020 - 2910 S. Bristol Street - Filed by Fancher Development for Taco Bell to allow a drive-through restaurant in the C1 District - Planning and Building Agency Planning Commission action: Approval FILE CUP CUP 92-023 - 2 Hutton Centre Drive - Removed for separate action. (See Minutes page 323.) 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 92-158 - 2201-2241 E. Santa Clara Ave. - Filed by Hearthstone Investment Company to revert an existing 100-unit condo lot to acreage in order to continue management of an existing 122-unit apartment project - Planning and Building Agency Planning Commission action: Approval FILE PMAP 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 CLARK & GREEN ASSOCIATES - For design and construction documents for Madison Park Renovation in the amount of $24,000.00 - Recreation and Community Services Agency A-92~126 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KINKLE, RODIGER & SPRIGGS - Removed for separate action. (See Minutes page 322.) CITY COUNCIL MINUTES 319 OCTOBER 19, 1992 12.C. 12.D. 12.E. 12.F. 12.G. 12.H. 12.I. Motion: AGREEMENT BETWEEN THE CITY OF SILVAS AND EATON - Removed for separate action. Removed for separate action. (See Minutes page 322.) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PHOAN SACK CHANTHAPANYA - Amendment to lease agreement for office space at 116 W. Fourth St. for the Downtown Development Division to extend term to April 30, 1996 at the monthly rate of $996.00 - Community Development Agency A-92-129 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND P&D TECHNOLOGIES - Addendum for EIR and street alignment study for the Maple and Halladay Streets Widening Project in the amount of $9,200.00 - Public Works Agency A-92-130 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA - Amendment to agreement for traffic control to reflect an expiration date of April 30, 1993 - Police Department A-92-131 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VALLEY ARCHITECTURAL COLLABORATIVE - Removed for separate action. (See Minutes page 322.) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE - For grant funding in the amount of $40,000.00 under the Third District Urban Parks Program to install an irrigation system at Santiago Park Lawn Bowling Facility - Recreation and Community Services A-92-133 APPROPRIATION ADJUSTMENT 93-092 - THORNTON "BARRIER FREE" PARK Authorize the C~ty Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE - For grant funding in the amount of $150,000.00 under the First District Urban Parks Program to construct Phase I of Thornton "Barrier Free" Park - Recreation and Community Services A-92-134 2. Approve. (Requires five affirmative votes) Increase in budgeted revenue and expenditures in Fund 162 recognizing $150,000.00 in the County Urban Park Program and appropriating same to the Thornton "Barrier Free" Park project - Finance and Management Services FILE APAD CITY COUNCIL MINI/TES 320 OCTOBER 19, 1992 Motion: 12.J. Authorize the C'~ty Manager to extend current agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CALIFORNIA FORENSIC PHLEBOTOMY - For blood testing in an additional amount not to exceed $75,000.00 - Police Department A-92-135 BOARDS/COMMISSIONS/COMMITTEES Motion: Receive and file. 13.A. BIANNUAL ATTENDANCE REPORT - Clerk of the Council CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The October 5, 1992 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on September 30, 1992. REPORTS Motion: 16.A. 16.B. Receive and file repons. MONTHLY REPORT OF INVESTMENTS AS OF AUGUST 31, 1992 - Finance and Management Services FILE BK UNINVESTIGATED LIABILITY CLAIMS FOR THE MON'I~ OF SEPTEMBER 1992 - Clerk of the Council FILE BK HEARINGS AND RELATED MATTERS 18.A. HEARING OFFICER'S DECISION - MR. J'S - Removed for separate action. (See Minutes page 323.) *** END OF CONSENT CALENDAR*** CITY COUNCIL MINUTES 321 OCTOBER 19, 1992 BUSINESS SESSION AGREEMENTS The City Attorney responded to Councilmember Acosta's questions regarding the proposed contracts for legal services. Moron: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. MOTION: Acosta SECOND: Pulido 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KINKLE, RODIGER & SPRIGGS - Amendment to increase compensation for legal services from $90.00 to 100.00 per hour - City Attorney's Office A-92-127 VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson NOES: None ABSENT: None ABSTAINED: Young 12.C. AGREEMENT BETWEEN THE CITY OF SILVAS AND EATON - Amend- ment to increase compensation for legal services from $90.00 to 100.00 per hour - City Attorney's Office A-92-128 VOTE: AYES: Acosta, Griset, Norton, Pulido, Richardson, Young NOES: None ABSENT: None ABSTAINED: McGuigan Motion: 12.G. Continue consideration of agreement to November 16, 1992. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VALLEY ARCHITECTURAL COLLABORATIVE - For design and construction documents for Thornton "Barrier Free" Park in the amount of $39,965.00 - Recreation and Community Services A-92-132 MOTION: Richardson SECOND: Pulido VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None CITY COUNCIL MINUTES 322 OCTOBER 19, 1992 HEARINGS AND RELATED MATTERS 18.A. HEARING OFFICER'S DECISION - MR. J'S Joshua Kaplan, legal counsel for Mr. J's, requested that the hearing officer's report be rejected and that Mr. J's be allowed to renew its license on the condition that no "after- hours" operations be permitted. Motion: Adopt. Hearing Officer's report in its entirety which recommends that the action of Police Chief Walters in denying renewal of the dance permit to Mr. J's be affirmed. MOTION: Richardson VOTE: AYES: NOES: ABSENT: None ABSTAIN: Norton SECOND: Griset Acosta, Griset, McGuigan, Pulido, Richardson, Young None FILE AP SAMC CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS In response to Councilmember Acosta's inquiry, Council Services Manager Lorraine Lazarine reported she had requested crime statistics for the area adjacent to the proposed nightclub from the Police Department, and that the statistics would be provided to Councilmember Acosta by October 20. Motion: Approve Notice of Exemption as appropriate and file Findings of Fact. CUP 92-023 - 2 Hutton Centre Drive - Filed by Westside Restaurant Ventures to allow a night club and Type 47 Alcoholic Beverage Control license in conjunction with a restaurant - Planning and Building Agency Planning Commission action: Approval FILE CUP MOTION: Richardson SECOND: Norton VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None CITY COUNCIL MINIoTIRg 323 OCTOBI~ 19, Lq92 RESOLUTIONS 35.A. HOME MORTGAGE FINANCE AND CREDIT CERTIFICATE PROGRAM (Designed to assist low/moderate income first-time homebuyers in purchasing a single family home) Motion: Adopt resolution. RESOLUTION 92-089 - A resolution of the City Council of the City of Santa Ana approving the operation of a Mortgage Credit Certificate Program by the Community Redevelopment Agency of the City of Santa Ana outside the project areas of the agency - Community Development Agency MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK REPORTS 55.A. WILLARD NEIGHBORHOOD PARKING MANAGEMENT PLAN (Recommended unanimously by both the Planning Commission and the Environmental and Transportation Advisory Committee (ETAC)) Mario Ricaurte, 1502 N. Van Ness, and Miguel Grijalva, 1506 N. Van Ness, cited extreme parking difficulties at their apartment complex brought about by the parking plan and requested the parking plan be amended to provide parking permits for apartment dwellers. The City Manager reported he was working with the owner of Recaurte's building to solve the parking problem. Staff presentation on the Parking Management Plan by Engineering Services Manager George Alvarez In response to Councilmember Richardson's query, the City Manager clarified that approving the recommended action does not prohibit the Council from subsequently revising the Plan. Motion: Approve. Continued implementation of Willard Neighborhood Parking Management Plan. CITY COUNCIL MINUT~ 324 OCTOBER 1~, L~2 MOTION: VOTE: ABSENT: Norton AYES: NOES: None SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE RPT RECESSED - 7:28 P.M. RECONVENED - COUNCIL CHAMBERS - 7:39 P.M. - All Councilmembers present except Councilmember Norton. PUBLIC HEARINGS 75.A. ABANDONMENT 90-A5 - PORTIONS OF PINE, GARNSEY AND PARTON STREETS Request filed by the Santa Ana Unified School District to vacate portions of Pine, Gamsey and Patton Streets to permit the expansion of facilities at Santa Aha High School. Legal Notice published in O.C. Reporter on October 9 and 16, 1992 Recommended for approval by the Planning Commission by a 4-0 vote with Doughty, Miller and Oliver absent The Mayor opened the public hearing regarding Abandonment 90-A5 at 7:39 p.m. Presentation of reports and comments by Senior Facilities Director Mike Vail and Facilities Planner Margie Brown, Santa Aha Unified School District Presentation of written communications by Clerk of the Council Janice C. Guy: None There were no speakers on the matter. The Mayor closed the public hearing at 7:54 p.m. Motion: Adopt resolution. RESOLUTION 92-090 - A resolution of the City Council of the City of Santa Aha vacating portions of Pine Street, Garnsey Street, and Patton Street near Santa Ana High School - Community Development Agency CITY COUNCIL MIN~'r~S 325 OCTOBER 19, 1992 MOTION: VOTE: ABSENT: Richardson AYES: NOES: Norton SECOND: Griset Acosta, Griset, McGuigan, Pulido, Richardson, Young None FILE ABAN COMMENTS 90.A. PUBLIC COMMENTS Sal Juarez, 2723 W. Camden Place, requested the City enforce its ordinance to require removal of yard sale signs in order to reduce sign pollution. Planning and Building Agency Executive Robyn Uptegraff assisted public speaker Paul Le by describing the Planning and Building Agency's analysis of the lawnmower shop proposed by Mr. Le for 810 S. Bristol, and showed slides which demonstrated the parking availability for his current business at 1345 S. Bristol. Councilmember Acosta requested that staff continue to assist Mr. Le in any way possible. Michelle Morrisey, 2111 N. Ross, announced that a Candidate's Forum on Wednesday, October 21, 1992 in the Council Chambers between 7:00-9:00 p.m. coordinated by the Bristol Manor and Floral Park Neighborhood Associations would be broadcast live over Cable Channel 3. Carlos Ruiz, 130 W. MacArthur, cited drug-dealer and related problems in his rental properties in the Baker-Cubbon area and in the 1000 block of west Third Street, requested the City to take action against these undesirable elements, and offered to personally take part in such action. Mayor Young commended Mr. Ruiz's offer and called on other Santa Ana landlords to get similarly involved. Madeline Arakelian, 2021 Business Center Drive, Irvine, expressed concern regarding the City's response to her request for competitive bidding of Santa Ana's trash collection since the City continues to negotiate a trash hauling contract with Great Western Management. Dolores Otting, 5 Star Rubbish, expressed concern regarding the high commercial trash collection rates in Santa Ana, indicating that commercial trash rates subsidized residential trash pick-up. She proposed the City solicit proposals for commercial trash collection and levy a franchise fee on trash contracts. crrY COUNCIL MINUTES 32~ OCTOBER L~, ~ 90.B. CITY COUNCIL COMMENTS In response to Councilmember Acosta's inquiry, the City Manager indicated the City would continue to negotiate a new trash collection contract until December 31, 1992. Councilmember Acosta reportexl a business in the Main/Edinger area which was having problems with "cruisers." The Mayor requested the Police Chief to contact the business owner to see what could be done. The City Manager and the City Attorney responded to Councilmember Acosta's questions regarding removal of campaign signs from private property. In response to Councilmember Acosta's inquiry, Public Works Agency Executive Director Jim Ross explained that residents could call the Water Plant for weekend assistance with traffic blockages on local streets. Also in response to Councilmember Acosta, Community Development Agency Executive Director Cindy Nelson explained that the Sports Arena Project, while not currently progressing, had not been abandoned. Councilmember McGuigan noted the spectacular reopening of the Bowers Museum last weekend. Councilmember Pulido requested assistance from the Planning and Building Agency with a business owner on First Street who was having problems with an awning installation. Councilmember Richardson noted problems with "cruising" in the Maln/Edinger area and requested the Police Chief investigate. Councilmember Richardson also noted that the State of Oregon had a program which required vehicles be retained in custody until proof of insurance was provided and suggested that the Police Department investigate such an application in Santa Ana. Councilmember Griset encouraged the Council and City staff to forecast the impacts of the recession on Santa Aha for the next two years. Mayor Young described promotional activities at the Red Onion Restaurant which were unsafe and inappropriate and requested City staff investigate. He also suggested that additional measures be taken to buffer the adjacent neighborhood from noise which resulted from late night clients exiting Hutton Centre. RECESSED TO CLOSED SESSION - ROOM 147 - 8:42 P.M. CITY COUNCIL MINLrrl~ 327 OCTOBER 19, 1992 The Mayor announced that no action would be taken out of Closed Session. The Clerk of the Council announced that the City Council was recessing to Closed Session pursuant to: Government Code Section 54956.9(a) to consider pending litigation which had been intitiated against the City to wit: Ramirez vs. City of Santa Ana et al ADJOURNED - 8:48 P.M. Janice C. Guy Clerk of the Council CITY COUNCIL MIN~'rI~ 328. OCTOBER 19, L~92