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HomeMy WebLinkAbout01-18-1994MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 18, 1994 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 TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO ROBERT L. RICHARDSON Absent: NONE STAFF: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE EMPLOYEE RECOGNITIONS MAYOR YOUNG 25 Years of Service Denis Hill Fire Captain Fire Department 20 Years of Service Carlos Carrillo, Jr. Police Officer Police Department CITY COUNCIL MINUTES 13 JANUARY 18, 1994 PRESENTATIONS Certificate of Appreciation presented by COUNCILMEMBER MCGUIGAN to Lucky Market Manager A1 Lopez for his contributions to the Police Department's Westend Christmas Celebration RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 6:26 P.M. RECONVENED - COUNCIL CHAMBERS - 6:30 P.M. - All Councilmembers present CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar Councilmember Moreno voted "NO" on Item 23.B. Councilmember Mills abstained on Item 25.B. Councilmember Richardson abstained on Item 33.A. Items 11.A., 12.A., 13.A., and 25.D. were removed for separate action. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido SECOND: Mills VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF JANUARY 3, 1994 CITY COUNCIL MINUTES 14 JANUARY 18, 1994 CONSENT CALENDAR 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. However, if a Councilmember was absent from the previous meeting, but present for this meeting and did not declare otherwise, his/her vote was recorded as affffmative. Absences from the current meeting are recorded as such. Ordinances published in O.C. Reporter on January 7, 1994 11.A. PROPERTY MAINTENANCE STANDARDS FOR RESIDENTIAL BUILDINGS - Removed for separate action. (See Minutes page 20.) Motion: ll.B. Place ordinances on second reading and adopt. ZOA 92-004 - CUP'S FOR ALL-NIGHT RESTAURANTS (Placed on first reading on January 3, 1994, by a 7/0 vote) ORDINANCE NS-2213 - An ordinance of the City of Santa Ana amending Sections 41-365.5, 41-412.5, 41-424.5, 41-442.5, and 41-688 of the Santa Ana Municipal Code to require a conditional use permit for eating establishments near to residential property which are open for business between 12:00 a.m. and 5:00 a.m. - Planning and Building Agency FILE BK 11.C. AMENDMENT APPLICATION 1065 - SD-60 - SANTA ANA AUTO MALL (Placed on first reading on January 3, 1994, by a 4/0 vote with Moreno, Pulido and Richardson abstaining) ORDINANCE NS-2214 - An ordinance of the City of Santa Ana rezoning the Santa Ana Auto Mall from the M1 (Light Industrial) District to the SD (Specific Development) District and adopting Specific Development Plan No. 60 (Amendment Application No. 1065) - Planning and Building Agency FILE BK NOTICES OF PUBLIC HEARING Motion: Removed for separate action. (See Minutes page 20.) 12.A. UTILITY USERS TAX INCREASE CITY COUNCIL MINUTES 15 JANUARY 18, 1994 CONSENT CALENDAR BOARDS/COMMISSIONS/COMMITTEES 13.A. APPOINTMENTS Motion: Removed for separate action. (See Minutes page 21.) CLERK OF Motion: 15.A. 15.B. THE COUNCIL POSTING REPORT Instruct Clerk to enter notice of posting into the Minutes. The January 3, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:45 a.m. on December 30, 1993. Timothy D. Rush's resignation from the Community Redevelopment Commission effective January 14, 1994 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:00 a.m. on January 12, 1994. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 94-127 - JOB TRAINING PARTNERSHIP ACT TITLE HI RAPID RESPONSE GRANT Rapid Response is a state program which helps employers evaluate alternatives to plant closure or layoffs. Motion: 1. Approve. (Requires five affirmative votes) Receipt of unanticipated revenue in Fund 132 recognizing $35,000.00 and appropriating same to the Job Training Partnership Act Title III Rapid Response Services - Finance and Management Services FILE APAD 2. Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. RAPID RESPONSE PROGRAM AND ENTERPRISE ZONE VOUCHER PROGRAM - With Kristine Wunder in an amount not to exceed $25,000.00 - Community Development Agency AGMT 94-003 CITY COUNCIL M1NUTES 16 JANUARY 18, 1994 CONSENT CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A. PRE-PLACEMENT AND PERIODIC MEDICAL SERVICES - To East Edinger Medical Clinic for a two-year period with provision for three one-year extensions in the estimated annual amount of $17,256.00 - Finance and Management Services SPEC 93-064 22.B. PLASTIC TRASH CAN LINERS - To D.C. Plastics Inc. for f'mal contract renewal in the estimated amount of $24,000.00 - Finance and Management Services SPEC 91-122 22.C. POLICE MOTORCYCLE REPAIR AND REPAIR PARTS - To VIP Motorcycles, Inc. for a first-year contract renewal in the estimated amount of $90,000.00 - Finance and Management Services SPEC 92-094 22.D. MAINTENANCE OF UNISYS MAINFRAME COMPUTER HARDWARE - To Granada Computer Services, Inc. for a first year contract renewal in the amount of $31,123.92 - Finance and Management Services SPEC 92-096 22.E. MAINTENANCE OF POLICE VAX COMPUTER SOFTWARE - To Digital Equipment Corp. for a second year contract renewal in the amount of $19,968.00 - Finance and Management Services SPEC 92-103 22.F. ASPHALT CONCRETE AND PLANT MIX EMULSION - PUBLIC WORKS AGENCY - To Industrial Asphalt for a first year contract renewal in the estimated annual amount of $498,309.00 - Finance and Management Services SPEC 92-135 22.G. ROCK, SAND, AND AGGREGATE BASE MATERIAL - For a fncst year contract renewal - Finance and Management Services SPEC 92-188 Westcoast Sand & Gravel, Inc. E1 Toro Materials Co. (Washed Plaster Sand only) $59,236.00 4, 900.00 22.H. BASEBALL DUGOUT RENOVATION - MEMORIAL PARK - To A-1 Fence Company, Inc. in the amount of $24,142.00 - Finance and Management Services SPEC 93-080 22.I. POLICE UNDERCOVER VEHICLES (7) - To Tuttle Click Dodge in the amount of $141,678.32 - Finance and Management Services SPEC 93-083 CITY COUNCIL MINUTES 17 JANUARY 18, 1994 CONSENT CALENDAR 22.J. 22.K. COMPACT PASSENGER VEHICLES (13) - MID-SIZED SEDAN (1) - To Guaranty Chevrolet in the amount of $154,652.25 - Finance and Management Services SPEC 93-084 FIRE EMERGENCY RESPONSE COMMAND VEHICLES (2) - To Reynolds GMC in the amount of $128,136.97 - Finance and Management Services SPEC 93-085 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. 23.A. TREE TRIMMING - VARIOUS LOCATIONS - To Golden Bear Arborists Inc. in the amount of $60,888.44 - Public Works Agency PROJ 2176-6 23.B. TREE REMOVAL - VARIOUS LOCATIONS - To Leonard Chaidez Tree Service in the amount of $35,887.00 - Public Works Agency (Councilmember Moreno voted "NO") PROJ 7318-1 23.C. TREE PLANTING - VARIOUS LOCATIONS - To Emerald Landscape Services in the amount of $44,831.00 - Public Works Agency PROJ 7320-1 23.D. TREE REMOVAL - VARIOUS LOCATIONS - To Landscape Engineering, Inc. in the amount of $39,835.00 - Public Works Agency PROJ 7320-2 23.E. TREE PLANTING - MAIN STREET - To Emerald Landscape Services in the amount of $12,573.00 - Public Works Agency PROJ 7323-1 23.F. TREE PLANTING - FAIRVIEW STREET - To Emerald Landscape Services in the amount of $20,828.00 - Public Works Agency PROJ 7323-3 23.G. CENTENNIAL REGIONAL PARK SOCCER FACILITY (PHASE II) - To Clayton Engineering Inc. in the estimated amount of $787,000.00 with total estimated construction cost of $901,000.00 - Public Works Agency PROJ 7504~7769 CITY COUNCIL MINUTES 18 JANUARY 18, 1994 CONSENT CALENDAR AGREEMENTS Motion: Continue Item 25.A. indefinitely. 25.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ALEC OSACHOFF - Recreation and Community Services A-93-143 Mo~ion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.B. 17TH STREET/SR 55 OVERCROSSING WIDENING PROJECT - With Orange County Transportation Authority (OCTA), County of Orange, and City of Tustin - Public Works Agency (Councilmember Mills abstained) AGMT 94~004 25.C. CONSTRUCTION INSPECTION SERVICES CONTRACT RENEWALS With Richard Rimestad for a one-year period in the maximum annual amount of $76,000.00 - Public Works Agency AGMT 94-005 With William McCarty for a one-year period in the maximum annual amount of $76,000.00 - Public Works Agency AGMT 94-006 With Alec Osachoff for a one-year period in the maximum annual amount of $76,000.00 - Public Works Agency AGMT 94-007 25.D. REGIONAL STRATEGY TO ADDRESS HOMELESSNESS - Removed for separate action. (See Minutes page 21.) FINAL PARCEL/TRACT MAPS Motion: LAND USE MATTERS 33.A. Approve final parcel map; accept the dedications; approve the abandonment shown thereon; and set the Transportation System Improvement Area Fee to Three (3) Percent of the building value. PARCEL MAP 93-120 - 1030 E. Fourth Street - Consolidates four lots consisting of 5.80 acres of land into two parcels to allow development of a seven building mini-storage facility - Public Works Agency (Councilmember Richardson abstained) FILE PMAP * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 19 JANUARY 18, 1994 BUSINESS CALENDAR ORDINANCES SECOND READING Miles Leach, 2025 W. 10th Street, expressed concern that Ordinance NS-2122 infringed on property owners' rights. ll.A. Motion: PROPERTY MAINTENANCE STANDARDS FOR RESIDENTIAL BUILDINGS (Placed on first reading on January 3, 1994, by a 7/0 vote) Ordinance published in O.C. Reporter on January 7, 1994 Place ordinance on second reading and adopt. ORDINANCE NS-2212 - An ordinance of the City of Santa Ana amending Sections 8-1950, 8-1950.5, 8-1951, 1-18.1, and 16-34 of the Santa Ana Municipal Code to revise regulations pertaining to the maintenance of residential property - Planning and Building Agency FILE BK MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None NOTICES OF PUBLIC HEARING Miles Leach, 2025 W. 10th Street, indicated the public hearing notice regarding the proposed Utility Users Tax increase had advertised the matter would be discussed. The Mayor explained that the action before the Council was to set the public hearing and encouraged those present to provide testimony on February 22, 1994. Motion: Set matter for public hearing on February 22, 1994. 12.A. UTILITY USERS TAX INCREASE SECOND: Moreno Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, ABSENT: CITY COUNCIL MINUTES MOTION: Lutz VOTE: AYES: NOES: None Young None 20 FILE BK JANUARY 18, 1994 BUSINESS CALENDAR BOARDS]COMMISSIONS/COMMITTEES The Clerk of the Council indicated, that although a member of the public had requested Item 13.A. be removed from the Consent Calendar, the speaker had confused the item with Agenda Item 85.A. which was scheduled for consideration later in the meeting. (See Minutes page 24.) 13.A. APPOINTMENTS Motion: Appoint. 13.A.1. COUNCILMEMBER MCGUIGAN as the City's Representative to the Orange County Sanitation District 1 and as the Alternate to Orange County Sanitation District 3 (Replacing COUNCILMEMBER RICHARDSON) FILE BC COUNCILMEMBER MCGUIGAN as the City's Alternate representative to the Santa Ana/Orange Transportation System Improvement Authority and as Alternate to the Santa Ana/Tustin Transportation System Improvement Authority FILE BC 13.A.2. Margaret Lee Brown, 1415 S. Mohawk Drive, recommended by COUNCILMEMBER MILLS as the Ward 3 representative to the Planning Commission for a partial term expiring November 30, 1996 (Replacing McGuigan) FILE BC MOTION: Pulido SECOND: Lutz VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None AGREEMENTS Tim Carpenter, 2002 W. 19th St., thanked the Council for its leadership and support with regard to homeless issues, particularly Mayor Young and Councilmembers Richardson and Moreno. Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. CITY COUNCIL MINUTES 21 JANUARY 18, 1994 BUSlNESS CALENDAR 25.D. REGIONAL STRATEGY TO ADDRESS HOMELESSNESS - With Orange County Homeless Issues Task Force in the amount of $30,000.00 - Community Development Agency MOTION: Pulido VOTE: AYES: NOES: ABSENT: None ABSTAINED: Latz, McGuigan SECOND: Moreno Mills, Moreno, Pulido, Richardson, Young None AGMT 94-008 RESOLUTIONS 55.A. FLOOD EMERGENCY FUND - APPROPRIATION ADJUSTMENT 94-116 Motion: 1. Adopt resolution. RESOLUTION 94-004 - A resolution of the City Council of the City of Santa Ana designating the agents of the City of Santa Ana authorized to execute an application to the Office of Emergency Services for federal and/or state financial assistance - Finance and Management Services 2. Approve. (Requires five affirmative votes) Establishment of the Flood Emergency Fund in Fund 122 recognizing $53,400.00 and appropriating same for expenditures incurred during the declared emergency in February 1993 - Finance and Management Services MOTION: Moreno VOTE: AYES: NOES: ABSENT: None SECOND: McGaigan Latz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE APAD CITY COUNCIL MINUTES 22 JANUARY 18, 1994 BUSINESS CALENDAR 55.B. Motion: AMENDMENT - THE GRAND PARTNERSHIP PROJECT First amendment to Indenture of Trust and Loan Agreement assigning all rights and obligations to ATC in lieu of The Grand Partnership Adopt resolution. RESOLUTION 94-005 - A resolution of the City Council of the City of Santa Ana approving a First Amendment to Indenture of Trust and a First Amendment to Loan Agreement, authorizing and directing the execution and delivery thereof and of other documents and actions to be taken in connection therewith in conjunction with the Grand Partnership project - Community Development Agency MOTION: Richardson SECOND: McGuigan VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None ~LE i~CMT 94-007A PUBLIC HEARINGS 75.A. APPEAL APPLICATION 91-004 RE VA 91-003 FILED BY THE APOSTOLIC CHURCH VA 91-003 request to vary from setback, landscaping and parking standards for a proposed church and church administration office at 112-122 E. Pomona Street and 111-121 E. Berkeley Recommended for denial by the Planning Commission on October 11, 1993 by a 6/0 vote with Doughty absent Legal Notice mailed December 9, 1993 Request received from applicant for second continuation to February 22, 1994 Motion: Continue consideration of Appeal Application 91-004 to February 22, 1994. MOTION: Pulido SECOND: Richardson CITY COUNCIL MINUTES 23 JANUARY 18, 1994 PUBLIC HEARINGS VOTE: AYES: NOES: ABSENT: None Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE VA COUNCIL AGENDA ITEMS 85.A. REORGANIZATION OF CITY'S BOARDS AND COMMISSIONS (MILLS) The following persons opposed a reduction in number of the City's citizen advisory boards and commissions: Richard LaRochelle, 2417 N. Brynwood Manual Pefia, 4812 W. McFadden Fortino Rivera, 1130 S. Van Ness Ron Heike, 1010 W. Santa Clara Motion: Instruct the City Attorney to prepare the appropriate ordinances to implement by November 1994 or sooner if deemed appropriate by the City Manager. Dissolution of the Uniform Code of Appeals Board and transfer of the Board's duties to the Planning Commission Dissolution of the Housing Commission and transfer of the Commission's duties to a new board entitled Housing/Redevelopment Commission 2. Instruct staff. To recruit students for ad hoc membership on all of the City's Boards and Commissions except the Personnel Board 3. Approve. Council policy that individuals may serve on only one City board or commission at a time effective March 1, 1994 4. Retain as currently constituted. Environmental/Transportation Advisory Committee Personnel Board Human Relations Commission CITY COUNCIL MINUTES 24 JANUARY 18, 1994 COUNCIL AGENDA ITEMS Motion: MOTION: Mills SECOND: Young VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None FILE BC Instruct the City Attorney to prepare the appropriate ordinances to effectuate the following by November 1994: Dissolution of the Cable Television Advisory and Library Boards and transfer of their respective duties to the Board of Recreation and Parks, with such board to be called the Community Services Commission until such time as the name of the Board is formally changed through a Charter amendment MOTION: Mills SECOND: Young VOTE: AYES: Lutz, McGuigan, Mills, Moreno, Young NOES: Pulido, Richardson ABSENT: None RECESSED - 7:16 P.M. RECONVENED - COUNCIL CHAMBERS - 7:40 P.M. - All members present except Councilmember Moreno COMMENTS 90.A. PUBLIC COMMENTS The following persons spoke in opposition to an increase in the Utility Users Tax, with several suggesting that the matter be placed on the ballot and that the Clerk maintain a public record of persons expressing opposition to the increase: Virgel Nickell, 2319 Bonnie Brae Juan Garcia, 828 N. Bristol, #204 Lee Keamey, 901 N. Mirasol Sean Mill, 617 S. Starboard John Raya CITY COUNCIL MINUTES 25 JANUARY 18, 1994 COMMENTS Zeke Hemandez Florence Leach, 2025 W. 10th The following persons spoke regarding the Property Maintenance Standards for Residential Buildings ordinance (Item 11.A.) adopted earlier in the meeting: Dave Lopez, 829 S. Elliott (support) Miles Leach, 2025 W. 10th St. (opposition) Dale Conner, 6922 Maurie (opposition) The following persons expressed concern regarding the reduction in the number of City's boards and commissions: Sean Mill, 617 S. Starboard Zeke Hemandez Tamara Niles, 200 W. Columbine, reiterated her concern regarding the impacts of the Sandpointe Permit Parking District on her ability to park on the street in her neighborhood. Mayor Young requested the City Manager to conduct a parking study in the Sandpointe Parking District area to compare the number of available parking spaces, particularly in apartment complexes, to the number of parking permits issued. 90.B. CITY COUNCIL COMMENTS Councilmember McGuigan expressed the Council's appreciation to the Floral Park and Northwest Neighborhood Associations for their support of a Police crime sweep in their area. She reported on Westminster's Asian Advisory Committee, which assists in preparing communications for public distribution, and Huntington Beach's use of volunteers to provide Police-related services. McGuigan requested that staff investigate these activities for use in Santa Ana and report on both items to the Council. Mayor Pro Tern Pulido requested staff provide him with an updated fact sheet compar'mg Santa Ana cable services and rates with those of other cities. He also expressed concern that Police anti-cruising enforcement was displacing traffic from major arterials to neighborhood streets. h~ response to Councilmember Richardson's query, Deputy Fire Chief Ray Comeau outlined Santa Ana's mutual aid responses to the recent earthquake emergency in Los Angeles and Brea. Water Resources Manager Lee Harry reported Santa Ana had experienced no loss in water integrity as a result of the earthquake. CITY COUNCIL MINUTES 26 JANUARY 18, 1994 COMMENTS Councilmember Richardson requested a presentation regarding the Santa Ana Library's new "Library Link" Program at a future Council meeting. Councilmember Mills suggested staff explore using senior citizen volunteers in Code Enforcement administrative offices. She requested the Police Chief provide a report on the implementation of the graffiti ordinance requiring spray pa'mt to be stored under lock and key at retail outlets. Mills also reported that her former secretary, James Harvey, had passed away after a long battle against AIDS and requested the Council meeting be adjourned in his honor. Mayor Young requested staff provide him with the scope of work for the Centennial Park soccer field. The Mayor also noted the devastating impacts of the Northridge earthquake which had occurred the previous day, and suggested Orange County leaders would need to lend their assistance to the rebuilding effort. RECESS TO CLOSED SESSION - ROOM 147 - 8:44 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 and to which the City was a pan to wit: Regency Outdoor Advertising v. City of Santa Ana et al Metropolitan Outdoor v. City of Santa Ana Patrick Media v. City of Santa Ana Government Code Section 54956.9(c) to decide whether to initiate litigation; and pursuant to Government Code Section 549567.6 to meet with its designated representatives regarding labor relations matters. RECONVENED - COUNCIL CHAMBERS - 9:37 P.M. - All Councilmembers present except Counciimembers Moreno and Pulido CITY COUNCIL MINUTES 27 JANUARY 18, 1994 CLOSED SESSION 95.A. Motion: CLOSED SESSION REPORT Authorize the City Attorney to prepare and the Mayor and Clerk to execute. Amendment to Memorandum of Understanding with the Fire Management Association as detailed by Personnel Services Executive Director Kermit Francis AGMT 94-009 Amendment to Memorandum of Understanding with the Santa Aha Police Benevolent Association regarding shift differential pay AGMT 94-010 MOTION: Mills VOTE: ABSENT: SECOND: Lutz AYES: Lutz, McGuigan, Mills, Richardson, Young NOES: None Moreno, Pulido ADJOURNMENT - 9:38 P.M. - In honor of James Harvey Janice C. Guy Clerk of the Council CITY COUNCIL MINUTES 28 JANUARY 18, 1994