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Home My WebLink About09-16-1991MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 16, 1991 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:15 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern JOHN ACOSTA DANIEL E. GRISET (6:19 p.m.) PATRICIA A. McGUIGAN RICK NORTON ROBERT L. RICHARDSON Absent: NONE PLEDGE OF ALLEGIANCE SERVICE AWARDS STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council Absent: NONE Led by Members of Cub Scout Pack 1750, Boy Scouts of America, from Taft Elementary School MAYOR YOUNG 20 Years of Service Daniel McCoy - Police Department Carl Sheppard - Planning and Building Agency Jose Virgen - Public Works Agency CITY COUNCIL MINUTES 271 SEPTEMBER 16, 1991 PRESENTATIONS 35 Years of Service James Cox - Public Works Agency Juan Romo - Public Works Agency Proclamation recognizing the Centennial Celebration of the City of Santa Ana Public Library, presented by COUNCILMEMBER MCGUIGAN to Santa Ana Library Director Rob Richard Certificate of Recognition for "Uncle Guy's Treasure Map to Santa Ana," a published guide with over 33 Santa Ana landmarks including a capsule history of the Golden City, presented by COUNCILMEMBER RICHARDSON to Santa Ana Treasure Map publisher Guy Ball Certificate of Recognition for exceptional efforts in the line of duty, presented by COUNCILMEMBER RICHARDSON to Santa Ana Police Officer Bob Rhea for his outstanding performance in recovering stolen vehicles CONSENT CALENDAR The Mayor announced that Item 5.C. was removed from the Consent Calendar for separate action. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Acosta Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None MINUTES Motion: 1.A. Approve Minutes. REGULAR MEETING OF SEPTEMBER 3, 1991 CITY COUNCIL MINIJTES 272 SEPTEMBER 16, 1991 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 2.Ao POLICE UNDERCOVER VEHICLES - TWELVE MONTH LEASE AGREEMENT - To: Selman Chevrolet Company for 17 vehicles in the estimated amount of $91,800.00 National Car Rental for 15 vehicles in the estimated amount of $111,521.25 - Finance and Management Services SPEC 90-047 TWO-WAY RADIO SYSTEM REPLACEMENT - To Metro Mobile Communications c/o Pacifica Finance/Citicorp North America for a period of five years in the total amount of $46,902 - Finance and Management Services SPEC 91-048 2.Co TELEPHONE MAINTENANCE SERVICE - To NEC Business Communication Systems (West), Inc. for a two-year period in the amount of $115,584.00 for the first year, plus $8,000.00 for miscellaneous additions and changes; and $121,369.00 for the second year, plus $10,000.00 for miscellaneous additions and changes - Finance and Management Services SPEC 91-065 BREATHING APPARATUS AND REPAIR PARTS FOR THE FIRE DEPARTMENT - To Safety Supply America in the amount of $10,021.75 - Finance and Management Services SPEC 91-071 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. RECONSTRUCTION OF STREETS SURROUNDING THE NEW CORPORATE YARD SITE AT CENTER PARK- To Hillcrest Contracting, Inc. in the estimated amount of $536,000.15 with total estimated project costs of $642,860.00 - Public Works Agency PROJ 6209C 3.8. RESURFACING OF ASPHALT CONCRETE WALKWAYS - SANTA ANA ZOO - To Sandoval Paving Company in the estimated amount of $18,437.00 with total estimated project costs of $22,580.00 - Public Works Agency PROJ 6213 CITY COUNCIL MINUTES 273 SEFrEMBER 16, 1991 RECONSTRUCTION OF SANTA ANA BOULEVARD - FRENCH STREET TO SANTIAGO STREET - To DBL Construction Corporation in the amount of $443,099.76 with total estimated project costs of $531,810 - Public Works Agency PROJ 7063/7503/ 2561 ALCOHOLIC BEVERAGE CONTROL APPLICATIONS Motion: Receive and file. AUSTIN, Adriana - "Monte Leon Di Oro" - 3480 W. Warner Ave., Original, type 17 beer & wine wholesaler Police: No protest Planning: No action required MUSURACA, Braulia and Nicholas - "Musuraca's Pizza Pete's" - 315 W. 17th, Person-to-person transfer, type 41 On-sale beer & wine, public eating place Police: No protest Planning: No action required GENERAL MILLS RESTAURANTS, INC. - "Olive Garden Restaurant" - 2800 N. Main, //760 - Removed for separate action. (See Minutes page 277.) CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Approve Negative Declaration and file Findings of Fact. VA 91-001 - 325-401 N. Harbor Blvd. - Filed by Hung-Phat Associates to permit the development of a commercial property with less than a 120-foot street frontage in the C2 and R2B Districts - Planning and Building Agency Staff recommendation: Approval Planning Commission Action: Approval FILE 625.45 TENTATIVE PARCEL/TRACT MAPS Motion: 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. 9oA. PARCEL MAP 91-183 - 325-401 N. Harbor Blvd. - Filed by Hung-Phat Associates to consolidate four existing lots into two pamels to facilitate the construction of a proposed retail development - Planning and Building Agency CITY COUNCIL MINUTES 274 SE~'rEMBER 16, 1991 Staff recommendation: Approval Planning Commission Action: Approval FILE 625.25 AGREEMENTS Motion: Authorize City Attorney to prepare and Mayor and Clerk to execute agreements. 12.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BOYLE ENGINEERING CORPORATION - For the preparation of a sewer facilities master plan update in the amount of $119,034.00 plus a 10% contingency of $11,900.00 for a total of $130,934.00 - Public Works Agency A-91-108 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA UNIFIED SCHOOL DISTRICT - Amendment to extend the terms governing the use of E1 Salvador Park/Fremont School portable classrooms - Recreation and Community Services A-91-109 BOARDS/COMMISSIONS/COMMITTEES Motion: 13.A. File report. CURRENT VACANCIES STATUS REPORT DATED SEPTEMBER 4, 1991 - Clerk of the Council FILE 110 UNINVESTIGATED LIABILITY CLAIMS Motion: Refer to administration for processing. 14.A. CLAIMS RECEIVED FROM AUGUST 24, 1991 TO SEPTEMBER 6, 1991 - Clerk of the Council FILE 415 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The September 3, 1991, City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:30 a.m., August 28, 1991. CITY COUNCIL MINUTES 275 SEVFEMBER 16, 1991 REPORTS Motion: 16.A. File report. MONTHLY REPORT OF INVESTMENTS AS OF JUNE 30, 1991 - Finance and Management Services FILE 310 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 at the previous meeting, but is present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences at this meeting are recorded as such. 21.A. PROCEDURES FOR AMENDING AND ADOPTING A GENERAL PLAN (Placed on first reading on September 3, 1991, by 7/0 vote.) Ordinance published in the O.C. Reporter on September 6, 1991 Mot~n: Place ordinance on second reading and adopt. ORDINANCE NS-2144 - An ordinance of the City of Santa adopting revised Chapter 27 of the Santa Ana Municipal Code to provide procedures for the adoption and amendment of the General Plan and Specific Plans and to specify certain responsibilities regarding the implementation of such plans - Planning and Building Agency FILE 625.20 21.B. HEALTH SERVICE FEES - AUTHORITY ~ TRANSFER TO ORANGE COUNTY (Placed on first reading on September 3, 1991, by 7/0 vote.) Ordinance published in the O.C. Reporter on September 6, 1991 Mot~n: Place ordinance on second reading and adopt. ORDINANCE NS-2145 - An ordinance of the City of Santa amending Sections 12-44, 18-421, 18-454, 22-3, 22-9, and 39-63 to allow the County through appropriate changes in the City's ordinances to adopt health service fees by Annual Board resolution, to be paid to the County Health Officer by the proprietor or operator of massage parlors, sauna baths, peep shows, tatoo parlors and other similar establishments - City Attorney FILE 310.30 CITY COUNCIL M1NUTES 276 SElqYEMBER 16, 1991 *** END OF CONSENT CALENDAR*** BUSINESS SESSION ALCOHOLIC BEVERAGE CONTROL APPLICATION In response to Councilmember Norton's query on Item 5.C., Police Chief Walters explained that the Council's policy to protest all ABC applications in above average crime rate areas is not intended to prevent issuance of the license but to permit the City to attach conditions to the license to ensure usage does not change with a subsequent owner. Councilmember Acosta requested the Police Chief provide him with the address of the premises from which that license was transferred. Motion: Receive and file application. 5.Co GENERAL MILLS RESTAURANTS, INC. - "Olive Garden Restaurant" - 2800 N. Main, #760, Person-to-person and premises-to-premises transfer, type 47 On-sale general, public eating place Police: Protest based on an above-average crime rate Planning: Conditional Use Permit required FILE 405 MOTION: Pulido SECOND: Richardson VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None BOARDS/COMMISSIONS/COMMITTEES 13.B. CITY REPRESENTATION ON MEASURE M PLANNING FORUMS Motion: Continue to October 7, 1991. Selection of City representatives for Measure M Planning Forums. MOTION: McGuigan SECOND: Pulido CITY COUNCIL MlNUTES 277 SEPTEMBER 16, 1991 VOTE: AYES: NOES: ABSENT: None Acosta, Griset, McGuigan, Norton, Pulido, Richard~.~sg.n, Young None FILE 150.10 ORDINANCES/FIRST READING 25.A. Motion: TRAFFIC REGULATION REVISIONS - ALLEYS, PARKWAYS, PERMIT PARKING DISTRICTS Place ordinance on first reading and authorize publication of title. 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 - Public Works Agency MOTION: Griset SECOND: Pulido Councilmember McGuigan requested that an internationally comprehensible sign depicting that illegally parked vehicles would be towed be developed prior to enactment of the Ordinance. Substitute Motion: Continue ordinance to October 21, 1991, pending development of "No Parking" sign. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Norton Acosta, McGuigan, Norton, Pulido, Richardson, Griset, Young FILE 1030 25.B. Motion: LOW INCOME EXEMPTION LEVEL FOR UTILITY USERS TAX Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2147 - An ordinance of the City of Santa Ana amending Section 36-165 of the Santa Ana Municipal Code to provide that the level of the low income household exemption for the Utility Users Tax shall be set by resolution of the City Council - Finance and Management Services CITY COUNCIL MINUTES 278 SEPTEMBER 16, 1991 MOTION: VOTE: ABSENT: McGuigan AYES: NOES: None SECOND: Norton Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE 310 RESOLUTIONS 35.A. APPLICATION - CAPITAL IMPROVEMENT FUNDS - REGIONAL TRANSPORTATION CENTER Motion: Adopt resolution. RESOLUTION 91-086 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to apply for Article XIX Transit Capital Improvement Funds, and to execute an agreement for the use of such funds, on behalf of the City of Santa Ana- Public Works Agency MOTION: Acosta SECOND: Richardson VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE 615.10 35.B. Motion: FLOWER PARK AND SOUTH COAST PERMIT PARKING DISTRICTS Adopt resolutions. RESOLUTION 91-087 - A resolution of the City Council of the City of Santa Ana establishing the Flower Park Permit Parking District - Public Works Agency RESOLUTION 91-088 - A resolution of the City Council of the City of Santa Ana establishing the South Coast Permit Parking District - Public Works Agency CITY COUNCIL MINUTES 279 SEPTEMBER 16, LOgl MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE 1030 35.C. Motion: HAZARD ELIMINATION SAFETY PROJECTS - VARIOUS LOCATIONS Adopt resolution. RESOLUTION 91-089 - A resolution of the City Council of the City of Santa Ana authorizing execution of Supplements No. 047 through 059 to Local Agency/State Agreement No. 12-5063 Federal-Aid Safety Funding for hazard elimination safety projects at various locations - Public Works Agency MOTION: Pulido SECOND: McGuigan VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE 1000 35.D. Motion: ORANGE COUNTY SERVICES AUTHORITY FOR ABANDONED VEHICLES Adopt resolution. RESOLUTION 91-090 - A resolution of the City Council of the City of Santa Ana supporting the creation of the Orange County Services Authority for Abandoned Vehicles - Police Department MOTION: Young VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Acosta, Ghset, McGuigan, No~on, Pulido, Richardson, Young None FILE 150.10 CITY COUNCIL MINUTES 280 SEI~TEMBER 16, 1991 35.E. Motion: MEASURE M COMPLIANCE 1. Adopt resolution. RESOLUTION 91-091 - A resolution of the City Council of the City of Santa Ana certifying the Local Pavement Management Plan of the City of Santa Ana - Public Works Agency Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY TRANSPORTATION AUTHORITY - Memorandum of Understanding regarding receipt and use of Measure M funds - Public Works Agency A-91-110 3. Authorize. Executive Director of the Public Works Agency to submit the City of Santa Ana's Measure M Program to the Orange County Transportation Authority. MOTION: McGuigan SECOND: Richardson VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE 150.10 PUBLIC HEARINGS 75.A. APPROPRIATION ADJUSTMENTS 92-064, 92-065 - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Public hearing to amend the FY 91-92 Final Statement, to recognize additional grant revenue and to reallocate funds from Windsor Park Concession Stand Project 7816 to Jerome Park Concession Stand Project 7814 Motion: Continue to October 7, 1991. Amendments to Community Development Block Grant Program. MOTION: Pulido SECOND: Richardson CITY COIJNCIL MINUTES 281 SEFFEMBER 16, 1991 VOTE: AYES: NOES: ABSENT: None Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None COMMENTS 90.A. PUBLIC COMMENTS Margaret E. Farris, 15200 S. Magnolia, #43, Westminster, reported threats to her personal safety from Jeff Hawkins, Fernando Pena, and Bill Aguilar and was referred by the Mayor to the Police Chief for assistance. 90.C. CITY COUNCIL COMMENTS In anticipation of the formation of a Citywide redevelopment project area, Councilmember Norton stated for the record that he planned to lease property on Grand Avenue north of the Employment Development Department office which would be in a redevelopment project area. He also reported receiving a letter about the presence of wild foxes in a condo complex at 210 W. Carriage Drive and asked the listening audience to inform him of any other fox sightings. Councilmember Acosta indicated to the Council his concern that the City's sign ordinance is causing hardships to Santa Aha businesses, specifically at 2500 N. Grand that 1907 N. Main, and also that he would present recommendations on this issue to the Council at a future meeting. Councilmember McGuigan noted that MacArthur Fundamental School is raising funds to send a group of 16 students, who have been the National Dance Champions for two years running, to perform in the 1992 New Year's Day Citrus Bowl in Orlando, Florida and requested those wishing to help in this effort to contact Tina Hernandez at MacArthur School. In response to Councilmember Richardson's inquiry, Planning and Building Agency Executive Director Robyn Simpson stated the property maintenance ordinance was scheduled for Council consideration in October. Mayor Young requested the City Manager investigate ways to solve school hour traffic circulation problems at Greenville Fundamental School. RECESSED TO CLOSED SESSION - ROOM 147 - 7:06 P.M. CITY COUNCIL MINUTES 282 SEPTEMBER 16, 1991 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, and to which the City was a party, to wit: Morales et al vs. City of Santa Ana Hernandez vs. City of Santa Ana Farahani vs. City of Santa Ana Briseno vs. City of Santa Ana RECONVENED - COUNCIL CHAMBERS - 7:30 P.M. - All Councilmembers present. 70.A. Motion: CLOSED SESSION REPORT Authorize settlements as follows: Morales only vs. City of Santa Ana, in the amount of $55,000.00. Farahani vs. City of Santa Ana, in the amount of $292,500.00. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ADJOURNMENT - 7:42 P.M. - In honor of Lila Dall, long-time Santa Aha Library employee and an active leader of "Let's Improve Santa Aha (LISA), who recently passed away To 7:00p. m., September 25, 1991, Room 510, City Hall, 20 Civic Center Plaza for the Educational Facilities Improvement Committee Janice C. Guy Clerk of the Council CITY COUNCIL MIN1JTES SEPTEMBER 16, LOgl