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Home My WebLink About09-08-1992MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 8, 1992 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:11 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern JOHN ACOSTA DANIEL E. GRISET ROBERT L. RICHARDSON Absent: PATRICIA A. McGUIGAN RICK NORTON 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 20 Years of Service George Kopitch Police Department CITY COUNCIL MINUTES 272 SEPTEMBER 8, 1992 Robert Silverthorne Police Department OATHS OF OFFICE Administered by the Clerk of the Council to: Dolores Gutierrez, Ward 3 representative to the Personnel Board Manuel J. Pefia, representative to the Uniform Code Appeals Board CONSENT CALENDAR The Clerk of the Council advised the Council to delete Item 8.A. (CUP 92-013) from the Agenda because an appeal that requires a public hearing had been filed and the matter set for public hearing on October 5, 1992. Mayor Young accepted these modifications to the Consent Calendar and registered an abstention on Item 21.A. (Ordinance NS-2174) pertaining to the MacArthur Place Development Project. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido SECOND: Acosta VOTE: AYES: Acosta, Griset, Pulido, Richardson, Young NOES: None ABSENT: McGuigan, Norton MINUTES Motion: i.A. Approve Minutes. REGULAR MEETING OF AUGUST 17, 1992 C~ COUNCIL MINlJTI~.'g 273 SEI-rEMBER 8, E9~2 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Removed for separate action. (See Minutes page 280.) 2oA, PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT - SANDPOINTE PARK Motion: Award in accordance with Request for Council Action. 2oB. SECURING VACANT BUILDINGS (BOARD-UP SERVICES) - To Steen Construction Company in the estimated amount of $25,000.00 - Finance and Management Services SPEC 92-047 DUPLICATOR MAINTENANCE - For a one-year period with a provision for two one-year extensions - Finance and Management Services SPEC 92-048 To International Business Equipment in the estimated amount of $13,305.00 To Eastman Kodak Company in the estimated amount of $42,688.00 2oDo STROBE LIGHT BARS AND MARKER KITS - CONVERSION OF 1992 VEHICLES FOR POLICE PATROL DUTY - To Hi Standard Automotive in the amount of $38,836.62 - Finance and Management Services SPEC 92-055 2oE. ANNUAL MAINTENANCE - KODAK MICROGRAPHICS EQUIPMENT - POLICE DEPARTMENT - To Eastman Kodak Company with a provision for two one-year extensions in the amount of $13,815.00 - Finance and Management Services SPEC 92-069 Motion: 2.F. Reject all bids. CUSTODIAL SERVICE AT THE REGIONAL TRANSPORTATION CENTER - Finance and Management Services SPEC 92-041 Motion: 2.G. Extend contracts. POLICE AMMUNITION - For one year with a provision for (1) one-year extension - Finance and Management Services SPEC 91-053 With Lathrop's Shooters Supply, Inc. in the estimated amount of $19,685.00 With San Diego Police Equipment Co. in the estimated amount of $82,552.00 CITY COUNCIL MINIYrES 274 SEPTEMBER 8, 1992 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Reject all bids. 3.ho CONSTRUCTION OF MONKEY ISLAND/AMAZON'S EDGE EXHIBIT AT THE SANTA ANA ZOO PROJ 6231/7629/ 7653 ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATIONS Motion: Receive and file. 5°h. MUSIC SPHERE ENTERTAINMENT, INC. - "Music Sphere" - 3503 S. Harbor Blvd., Person-to-person and premises-to-premises transfer, type 47 On- sale general, public eating place Police: No protest Planning: No action required 5oao ROXBURY ROAD PROPERTIES, INC. - "Quality Suites" - 2701 Hotel Terrace Dr., Person-to-person transfer, type 20 Off-sale beer and wine, type 48 On-sale general, public eating place Police: No protest Planning: No action required 5.Co YEON, Jay and Hannah - "La Mexicana Market" - 303 N. Bristol, Person-to- person transfer, type 21 Off-sale general Police: No protest Planning: No action required FILE BK CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS 8.A. CUP 92-013 - 3315-3317 W. Harvard - Deleted from Agenda. page 273.) (See Minutes Motion: 8.B. Approve Notices of Exemption and file Findings of Fact. CUP 92-016 - 3503 S. Harbor Boulevard - Filed by Music Sphere Entertainment, Inc. to allow a concert facility and Type 47 Alcoholic Beverage Control license in the M1 District - Planning and Building Agency Planning Commission action: Approval FILE CUP CITY COUNCIL MINUTES 275 SEFFEMBER 8, 1992 VA 92-006 - 1526 W. Edinger Avenue - Filed by McDonald's Corporation to allow a 25-foot high freestanding sign to remain in the C5 District - Planning and Building Agency Planning Commission action: Approval FILE VA TENTATIVE PARCEL/TRACT MAPS Motion: Approve revised Conditions for Approval. 9oA. TRACT MAP 14568 - 2414 N. TUSTIN - Filed by Village Investments to subdivide a 406-unit apartment project into 174 investment apartments in the form of 116 duplex and 58 triplex units - Planning and Building Agency Zoning Administrator action: Approval FILE TMAP 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 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 12.B. 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SAM AND ALICE SENA - For the acquisition of 1305 S. Bristol for the total sum of $260,000.00 - Community Development Agency A-92-106 DEED 7637 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FITNESS CONSULTING INC. - For renewal of services for the City's Wellness Program for one year in an amount not to exceed $100,000.00 - Personnel Services A-92-107 12.D. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LIFELINK PLUS EMPLOYEE ASSISTANCE PROGRAM - For renewal of services for employee assistance program for one year in an amount not to exceed $42,000.00 - Personnel Services A-92-108 12.E. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SERVICE PROGRAMS, INC. - For the establishment of a Victim/Witness Program as part of Santa Ana's "Operation Weed & Seed" for the period 7/1/92 - 12/31/92 in an amount not to exceed $29,440.00 - Police Department A-92-109 CITY COUNCIL MINUTES 276 SEPTEMBER 8, 1992 12.F. Motion: EMPLOYEE GROUP INSURANCE RENEWALS Direct the City Attorney to prepare and Mayor and Clerk to execute the following annual agreements to commence October 1, 1992: Kaiser Foundation CIGNA Healthplan of California: Practice Plan A-92-110 Health Maintenance Organization and Pfiva~ A-92-111 Health Main~nanceNetwork of Southern California (Health Net) A-92-112 Pacific Coast Administrators: Claims Administration for Sel~Funded Dental Plan A-92-113 Safeguard Health Plan: Pre-Paid Dental Benefits A-92-114 Denticare: Pre-Paid Dental Coverage A-92-115 Standard Insurance Company: Life and Accidental Death & Dismemberment Insurance and Long-Term Disability Insurance A-92-116 BOARDS/COMMISSIONS/COMMITTEES 13.A. APPOINTMENTS Motion: Appoint. Mai Cong, 2617 W. Northwood, as a representative to the Human Relations Commission for a partial term expiring November 30, 1992 FILE BC Sara W. Lundquist, 2472 Riverside Drive, as a representative to the Human Relations Commission for a partial term expiring November 30, 1992 FILE BC Michael S. Ports, 404 W. Jonquil Road, as a representative to the Human Relations Commission for a partial term expiring November 30, 1992 FILE BC Michael J. Salgado, Sr., 1601 W. St. Andrew Place, as a representative to the Human Relations Commission for a partial term expiring November 30, 1994 FILE BC crI'Y COUNCI]L ~ 277 SEFFEMBER 8, 1992 Sandra A. Thrower, 3930 W. Fifth St., #102, as a representative to the Human Relations Commission for a partial term expiring November 30, 1994 FILE BC Motion: 15.A. CLERK OF THE COUNCIL POSTING REPORT Instruct Clerk to enter notice of posting into the Minutes. The August 17, 1992 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:30 a.m. on August 13, 1992. REPORTS Motion: 16.A. Receive andfile. MONTHLY REPORT OF INVESTMENTS AS OF JULY 31, 1992 - Finance and Management Services FILE BK NON-CATEGORIZED ITEMS 19.A. APPLICATION - RENTAL ASSISTANCE PROGRAM - SECTION 8 HOUSING CERTIFICATES Motion: Authorize. Mayor to execute a letter communicating the City's approval of the Santa Aha Housing Authority's application to the U.S. Department of Housing and Urban Development for.additional Section 8 Housing Certificates and Housing Vouchers - Community Development Agency FILE BK 19.B. APPLICATION - FAMILY UNIFICATION PROGRAM - SECTION 8 HOUSING CERTIFICATES Motion: Authorize. Mayor to execute a letter communicating the City's approval of the Santa Ana Housing Authority's application to the U.S. Department of Housing and Urban Development for additional Section 8 Housing Certificates in connection with the Family Unification Program - Community Development Agency FILE BK CITY COUNCIL MINUTES 278 SEPTEMBER 8, 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 previoas Council meeting and the vote carried forward. Ifa Councibnember 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. AMENDMENT APPLICATION 1057 - SPECIFIC DEVELOPMENT PLAN 43 (Placed on first reading on August 3, 1992 by a 5/2 vote with Acosta and Young absent.) Ordinance published in the O.C. Reporter on August 21, 1992 (MAYOR YOUNG ABSTAINED) Motion: Place ordinance on second reading and adopt. 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 FILE AMAP 21.B. Motion: AMENDMENT APPLICATION 1058 (Placed on first reading on August 3, 1992 by a 5/2 vote with Acosta and Young absent.) Ordinance published in the O.C. Reporter on August 21, 1992 Place ordinance on second reading and adopt. ORDINANCE NS-2175 - An ordinance of the City of Santa Aha rezoning certain property located at 115 and 119 East Occidental Street and 1810-1812 South Cypress Avenue from the CI (Community Commercial) District to the R1 (Single-Family Residence) District (AA No. 1058) - Planning and Building Agency FILE AMAP BUDGET ADJUSTMENTS 60.A. APPROPRIATION ADJUSTMENT 93-053 - POLICE TRAFFIC SAFETY PROGRAM Motion: Approve. (Requires five affirmative votes} CITY COUNCIL MlNUTES 279 SElarfEMBER 8, 1992 Increase in budgeted revenues and expenditures in Fund 11 recognizing $500.00 in unanticipated revenue and appropriating same to Bicycle and Pedestrian Safety Program - Finance and Management Services FILE APAD *** END OF CONSENT CALENDAR*** BUSINESS SESSION SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Jim Walker, 3721 S. Ross Street, expressed support for the installation of playground equipment in Sandpointe Park, noting it was the first significant mitigation measure to be implemented under the MacArthur Place Project. Walker also asked the City to prepare in the next two months a Sandpointe Neighborhood Development Plan that addresses such issues as mitigation measures and deferred maintenance. Motion: Award in accordance with Request for Council Action. 2.A. PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT - SANDPOINTE PARK - To Ortco, Inc. in the amount of $25,995.00 - Finance and Management Services MOTION: Richardson VOTE: AYES: NOES: ABSENT: McGuigan, Norton SECOND: Pulido Acosta, Griset, Pulido, Richardson, Young None SPEC 92-042 ORDINANCES/FIRST READING 25.A. ZOA 92-001 - REVISED ZONING REGULATIONS - CHAPTER 41 Ordinance NS-2176 includes revising existing garage sales standards, permitting free standing restaurants in the Professional Zone, deleting dry cleaners as a conditional use in the Arterial Commercial Zone, and other similar changes to the Code. Motion: Place ordinance on first reading and authorize publication of title. CITY COUNCIL MINUTES 280 SEPTEMBER 8, 1992 ORDINANCE NS-2176 - An ordinance of the City of Santa Ana amending Sections 41-193, 41-313, 41-424.5, 41-478, 41-1306, and 41-1412 of the Santa Ana Municipal Code and adding Section 41-1414, to make various changes in the zoning regulations of the City - Planning and Building Agency MOTION: Richardson SECOND: Pulido VOTE: AYES: Acosta, Griset, Pulido, Richardson, Young NOES: None ABSENT: McGuigan, Norton FILE BK RESOLUTIONS 35.A. 1992 ENVIRONMENTAL RULES AND PROCEDURES Resolution 92-081 updates the City's environmental rules and procedures as required by the California Environmental Quality Act. Motion: Adopt resolution. RESOLUTION 92-081 - A resolution of the City Council of the City of Santa Aha adopting revised environmental rules - Planning and Building Agency MOTION: Pulido VOTE: AYES: NOES: ABSENT: McGuigan, Norton SECOND: Acosta Acosta, Griset, Pulido, Richardson, Young None FILE RPT PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION 1059, SPECIFIC DEVELOPMENT PLAN 20 (SD 20), TENTATIVE PARCEL MAP 92-121, ABANDONMENT 91-A4 Filed by FHP, Inc. to amend the SD 20 District to allow the conversion of two through streets, Towner and Westwood, into cul-de-sacs thereby eliminating access to Civic Center Drive, to permit development of a medical clinic. Recommended for approval by the Planning Commission on August 10, 1992 by the following vote: CITY COUI~ICIL MINUTES 281 SEPTEMBER 8, 1992 AYES: Casteix, Doughty, Godinez, Mills, Mondo, Oliver NOES: None ABSENT: Miller Legal Notice published in O.C. Register and mailed on August 21, 1992 The Mayor opened the public hearing regarding Amendment Application 1059 and related actions at 6:28 p.m. Presentation of staff report and staff comments by: Planning and Building Agency Executive Director Robyn lJptegraff Presentation of written comments by Janice C. Guy, Clerk of the Council: None The following persons spoke in opposition to Amendment Application 1059 citing traffic issues in particular: Miles Leach, 2025 W. Tenth Street David Keller, 1605 N. Parton Rob Ross, 3540 Costa Mesa, Costa Mesa, spoke in favor of Amendment Application 1059. The Mayor closed the public hearing at 6:36 p.m. Motion: 1. Place the following ordinance on first reading and authorize publication of title. ORDINANCE NS-2177 - An ordinance of the City of Santa Ana amending Specific Development Plan No. 20, pertaining to the FHP Inc. development project - Planning and Building Agency 2. 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. TENTATIVE PARCEL MAP 92-121 - 1111 W. Civic Center Dr. - Filed by FHP, INC. - To consolidate 11 existing parcels and portions of Towner and Westwood Streets into one 2.5 acre parcel to permit the construction of a 20,783 square-foot medical clinic - Planning and Building Agency Planning Commission action: Approval FILE TMAP 3. Adopt resolution setting hearing for October 5, 1992. RESOLUTION 92-082 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate portions of Westwood Avenue and Towner CITY COUNCIL MINUTES 282 SEFFEMBER 8, 1992 Street north of Civic Center Drive, setting a public hearing thereon, and directing notice thereof to be posted and published - Community Development Agency MOTION: Griset SECOND: Richardson VOTE: AYES: Acosta, Griset, Pulido, Richardson, Young NOES: None ABSENT: McGuigan, Norton RECESSED TO HOUSING AUTHORITY - 6:39 P.M. RECONVENED - COUNCIL CHAMBERS - 6:40 P.M. - All Councilmembers present except Councilmembers McGuigan and Norton who were absent. COMMENTS 90.A. PUBLIC COMMENTS David Keller, 1605 N. Parton, thanked the Council for responding to his comments about free Saturday parking near the City Library and reiterated his request that the City Council issue a press release informing the public of the meeting times of the City Council and parking validation for Council meetings. Pat Mill, 617 S. Starboard, stated that the rebroadcast of the September 17, 1992 Council meeting excluded Ms. Otting's trash collection comments; expressed concern regarding increased water rates; asked if Paramedic fees would continue to appear on the water bill of customers who had already rejected the service; and suggested the City consider competitive bidding for trash collection. Kathi Jo Brunning, 2414 N. Spruce Street, informed the listening audience of an up-coming City Council candidates forum on Sunday, September 27, 1992 between 2:00 and 5:00 p.m. at the Isaak Walton Clubhouse, 1714 W. Santa Clara Ave., and encouraged all Santa Ana residents to attend. Madeline Arakelian, 2021 Business Center Drive, Irvine, urged the Council to open commercial and residential trash collection to competitive bidding. Dolores Otting, 2130 Canyon Drive, Costa Mesa, stated that the City's current contract with Great Western contained a clause which permitted the City Council to void its contract with Great Western should Thomas K. Blackman no longer hold a management position with Waste Management. CITY COUNCIL MINUTES 283 SEPTEMBER 8, 1992 90.C. CITY COUNCIL COMMENTS At Councilmember Acosta's request, the Council excused the absences of Councilmembers McGuigan and Norton from this Council meeting due to personal reasons, by unanimous informal consent. Councilmember Acosta encouraged the Council to consider Deborah Cooper for one of the vacancies on the Human Relations Commission. In response to Councilmember Acosta's queries, various staff members provided updates regarding the status of the City Yard construction, trash collection negotiations, Rosita Park improvements, and the temporary jail project. Mayor Pro Tem Pulido requested Police Chief Paul Walters provide the Council with updated statistics regarding illegal discharge of firearms following the upcoming Hispanic holiday in September. He also requested staff advise him concerning the cause of the delay of the installation of awnings at the Acapulco Restaurant. In response to Councilmember Richardson, Public Works Agency Executive Director Jim Ross reported that protective traffic signals had been installed at Fire Station 2. Councilmember Griset requested the City Manager provide Council at its next meeting with a report describing the process for booking and hosting events at the Santa Ana Stadium, addressing in particular the City's discretion over such matters. Mayor Young noted the following positive developments in the City: the recent $500,000.00 contribution of Village Investments to the City's park improvement fund; the renovation and upcoming re-opening of the Harlequin Theater; the excellent architectural and environmentally-sensitive design of the FHP project, (see Item 75.A. Minutes page 281); and the incredible construction pace of Planet Hollywood, a trendy restaurant owned by Bruce Willis, Sylvester Stallone, and Arnold Schwarzenneger slated to open in October 1992. Mayor Young noted that Jim McGuigan, husband of Councilmember Pat McGuigan, had recently passed away. The Mayor commended him for his numerous community activities, particularly his oversight of the City's Cable Television contract, and indicated the Council meeting would be adjourned in his honor. RECESSED TO CLOSED SESSION - ROOM 147 - 7:12 P.M. The Clerk of the Council announced that the City Council was recessing to Closed Session pursuant to: CITY COUNCIL MINUTES 284 SEPTEMBER 8, 1992 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: Rodriguez vs. City of Santa Ana United States of America, et al vs. Montrose Chemical Corporation, et al Poe vs. City of Santa Ana (Worker's Compensation) McCoy vs. City of Santa Ana, and pursuant to Government Code Section 54956.9(b)(i) regarding pending litigation of significant exposure. RECONVENED - COUNCIL CHAMBERS - 7:22 P.M. - All Councilmembers present except Councilmembers McGuigan and Norton who were absent. 70.A. CLOSED SESSION REPORT Motion: Authorize settlements as follows: Claim 92-136, Evelyn Rodgers, in the amount of $9,000.00. Rodriguez vs. City of Santa Ana, in the amount of $150,000.00. United States of America, et al vs. Montrose Chemical Corporation, et al, Case No. CV 90-3122-AAH (JRx), in a settlement agreement at no cost to the City. Poe vs. City of Santa Ana, stipulation in the amount of $17,325.00. Claim 92-111, Gary Brown, in the amount of $14,000.00. MOTION: Pulido VOTE: AYES: NOES: None ABSENT: SECOND: Richardson Acosta, Griset, Pulido, Richardson, Young McGuigan, Norton ADJOURNED - 7:23 P.M. - In honor of James "Jim" McGuigan to 5:30 p.m. on Tuesday, September 15, 1992 in the Council Chambers, 22 Civic Center Plaza Clerk of the Council CITY COUNCIL MINUTES 285 SEPTEMBER 8, 1992