Loading...
HomeMy WebLinkAbout03-07-1994MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 7, 1994 CALLED TO ORDER ATTENDANCE CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:08 P.M. COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS 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 BROWNIE TROOP 406 Under the director of Troop Leaders Leslee Young, Brooke Bullmaster, and Diana Livingstone Presentation of Brownie Try-it Citizenship Badges by MAYOR YOUNG EMPLOYEE AWARDS CITY COUNCIL MINUTES MAYOR YOUNG 25 Years of Service John Dittus Police Sergeant 54 MARCH 7, 1994 PRESENTATIONS Police Department 20 Years of Service David Petko Police Lieutenant Police Department Jim Seleno Police Sergeant Police Department Gary Brace Police Sergeant Police Department Proclamation declaring March 1994 as "Red Cross Month" presemed by MAYOR YOUNG to Red Cross representative John Duncan Presentation of Califomia Parks and Recreation Society Awards by MAYOR YOUNG to Recreation and Community Services Executive Director Allen Doby and the following staff for excellence: Amazon's Edge Zoo Exhibit Ron Glazier Ron Ono Kevin Eaton PRIDE Anti-Drag Rally and March Program Jenny Rios Donna Sims Erindira Moreno Amateur Athletics Program Rip Ribble Leon Raya Certificate of Recognition for Southern California Edison's active support of the Santa Ana Police Department Community Oriented Policing Program presented by COUNCILMEMBER RICHARDSON to SCE Area Manager Brad Martin CITY COUNCIL MiNUTES 55 MARCH 7, 1994 Silhouette Club Vice-President Mattie Lang and Secretary Maxine Walker, and Molly Naea presented a $500.00 donation to the Southwest Senior Center received by COUNCILMEMBER McGUIGAN, Recreation and Community Services Executive Director Allen Doby and Recreation Supervisor Joyce Lawson Certificate of Recognition presented by COUNCILMEMBER MORENO to Santa Ana High School Teacher Kay Grable and the following Vista Magazine staff members for excellence in journalism: Miguel Omelas Carmen Nava Mario Bustos Marion Perez OATH OF OFFICE Administered by Clerk of the Council to Cheryl L. Patterson, Ward 5 representative to the Community Redevelopment Commission CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Removal of Items 10.A. and 11.A. for separate action. 2. Councilmember Mills' abstention on Item 20.B. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None CITY COUNCIL MINUTES 56 MARCH 7, 1994 CONSENT CALENDAR ADMINISTRATIVE MATTERS MINUTES 10.A. REGULAR MEETING OF FEBRUARY 22, 1994 - Removed for separate action. (See Minutes page 60.) ORDINANCES SECOND READINGflMPLEMENTATION RESOLUTIONS 11.A. UTILITY USERS TAX INCREASE - Removed for separate action. Minutes page 60.) (See BOARDS/COMMISSIONS/COMMITTEES 13.A. APPOINTMENTS Motion: Appoint. Daniel E. Griset as the City's Representative to the Water Advisory Committee of Orange County (Replacing Pulido) FILE BC Cheryl Lynn Patterson, 821 N. Olive, as the Ward 5 representative to the Community Redevelopment Commission for a partial term expir'mg November 30, 1996 (Replacing Rush) FILE BC CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The February 22, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:30 p.m. on February 16, 1994. CITY COUNCIL MINUTES 57 MARCH 7, 1994 CONSENT CALENDAR BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 94-154 - HARBOR BLVD. AND FIRST STREET TRAFFIC MANAGEMENT SYSTEM PROJECT (PROJ 2577) Motion: Approve. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT 94-154 - Unallocated Transportation System Improvement Area F funds in Fund 46 recognizing $250,000.00 and appropriating same for the purpose of designing the Harbor Boulevard and First Street Traffic Management System Project - Finance and Management Services FILE APAD 20.B. APPROPRIATION ADJUSTMENT 94-157 - METROLINK SERVICE AND REGIONAL TRANSPORTATION CENTER IMPROVEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. COOPERATIVE AGREEMENT FOR METROLINK SERVICE AT REGIONAL TRANSPORTATION CENTER - With the Orange County Transpo~ation Authority - Public Works Agency AGMT 94-026 2. Approve. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT 94-157 - Receipt of Transit Capital Improvement funds in Fund 163 recognizing $202,050.00 and appropriating same for improvements at the Regional Transportation Center - Finance and Management Services (Councilmember Mills abstained.) FILE APAD SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A IMMUNIZATIONS AND BLOOD SCREENING SERVICES - To Ambulatory Medical Management Systems and Planning, Inc. DBA Advantage Care for a first year contract renewal in the estimated amount of $67,200.00 - Finance CITY COUNCIL MlNUTES 58 MARCH 7, 1994 CONSENT CALENDAR 22.B. 22.C. AUTOMOTIVE FILTERS - FLEET MAINTENANCE - To Orange County Auto Parts for a two-year period with provision for two additional one-year extensions in the estimated annual amount of $12,648.00 - Finance and Management Services SPEC 93-093 OFF-ROAD UTILITY VEHICLES (7) - PARKS MAINTENANCE PROGRAM - To AA Equipment Rentals Co., Inc. in the amount of $72,709.70 - Finance and Management Services SPEC 93-095 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. AMENDMENT TO LEASE OF OFFICE SPACE AT REGIONAL TRANSPORTATION CENTER AMENDMENT - With Comcast Cable Communication for an additional 600 square feet of office space increasing the annual amount of rent the City receives by $8,695.00 for the additional space - Community Development Agency AGMT 94-027 25.B. VIDEO ENGINEERING SERVICES - With Tom Bystry for a one-year extension in the amount of $29,120.00 - Recreation and Community Services AGMT 94-028 25.C. ORANGE COUNTY PROBATION OFFICERS TO OPERATE CITY-OWNED VEHICLES - With the County of Orange to facilitate implementation of the Inter-Agency Task Force against "Street Terrorists" Program - Police Department AGMT 94-029 * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 59 MARCH ?, 1994 BUSINESS CALENDAR MINUTES 10.A. REGULAR MEETING OF FEBRUARY 22, 1994 Miles Leach opined the Charter provision on incurring bond indebtedness had been violated when the Council, acting as the Santa Ana Financing Authority, authorized the issuance of bonds without voter approval. Motion: Approve Minutes. MOTION: Pulido SECOND: Lutz VOTE: AYES: Lutz, McGuigan, Mills, Moreno, Pulido, Young NOES: None ABSENT: None ABSTAINED: Richardson ORDINANCES SECOND READINGflMPLEMENTATION 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 is present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences from the current meeting are recorded as such. ll.A. UTILITY USERS TAX INCREASE Florence Leach requested the second reading of the Utility Users Tax Increase ordinance be delayed noting the legal notice had not been published in the Orange County Reporter on February 23, 1994 as indicated in the Agenda. She also presented the Council with a petition registering opposition to the increased Utility Users Tax and requested that the petition be made part of the public record. The Clerk of the Council clarified that the date in the Agenda was a typographical error and that the ordinance had actually been published on February 25, 1994. Tony Espinoza thanked the Council for approving the actions at the previous Council meeting which would permit the City to move forward with construction of a new jail. Legal notice published in O.C. Reporter on February 25, 1994 CITY COUNCIL MINUTES 60 MARCH 7, 1994 BUSINESS CALENDAR Motion: Place ordinance on second reading and adopg (Placed on first reading on Febmary 22, 1994, by a 6/0 vote with Richardson absent.) ORDINANCE NS-2217 - An ordinance of the City of Santa Ana mending Sections 35-155, 35-156, 35-157, and 35-158 of the City of Santa Ana Municipal Code, relating to Utility Users Tax - Finance and Management MOTION: Moreno SECOND: Mills VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None FILE BK BOARDS/COMMISSIONS/COMMITTEES 13.B. PRIVATE INDUSTRY COUNCIL APPOINTMENTS Motion: Appoint. Carmen Barbee as a Private Sector representative to the Private Industry Council for a full term expiring February 1, 1998. Colleen Buffmgton-O'Hara as a Private Sector representative for a full term expiring February 1, 1998. Carol Weirbeky as the California Departmem of Rehabilitation representative to the Private Industry Council for a full term expiring February 1, 1998. Bob Fisher as the California Employment Development Department representative to the Private Industry Council for a full term expiring February 1, 1998. MOTION: Richardson SECOND: McGuigan VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, R~hardson, Young None ABSENT: None FILE BC CITY COUNCIL MINUTES 61 MARCH 7, 1994 BUSINESS CALENDAR RESOLUTIONS 55.A. CONFLICT OF INTEREST CODE Motion: Adopt resolution. RESOLUTION 94-008 - A resolution of the City Council of the City of Santa Ana approving revised Conflict of Interest Codes for the various officers, departments and agencies of the City of Santa Ana- Clerk of the Council MOTION: McGuigan SECOND: Pulido VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None FILE BK 55.B. Motion: DEFEASANCE OF 1962 SERIES B & C WATER REVENUE BONDS - APPROPRIATION ADJUSTMENT 94-163 1. Adopt resolution. RESOLUTION 94-009 - A resolution of the City Council of the City of Santa Ana authorizing and directing tire defeasance of its outstanding City of Santa Ana Revenue Bonds, Series B and City of Santa Ana Water Revenue Bonds, Series C; and delegating to officers of the City the authorization to take necessary actions - Community Development Agency 2. Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 94-163 - Transferring $771,795.00 from the Workers Compensation Fund to the Water Utility Bond Retirement Fund - Finance and Management Services MOTION: Moreno SECOND: Mills VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None FILE APAD CITY COUNCIL MINUTES 62 MARCH 7, 1994 PUBLIC HEARINGS 75.A. UNDERGROUND UTILITY DISTRICT 30 Proposal to conver~ existing overhead utility lines to an underground system on Sixth Street, Shelton, and Civic Center Drive Legal Notice mailed December 22, 1993 The public hear'rog was closed on January 3, 1994. Motion: Continue consideration of Resolution 94-002 to the March 21 Council meeting per staffs request. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Mills Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE UUD 75.B. APPEAL APPLICATION 93-001 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 The Mayor opened the public hearing regarding Appeal Application 93-001 at 7:06 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff 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 7:10 p.m. CITY COUNCIL MINUTES 63 MARCH 7, 1994 Motion: Approve and file Negative Declaration; and instruct the City Attorney to prepare a resolution. Denying Appeal Application 93-001, denying VA 91-003, and affirming the decision of the Planning Commission. MOTION: McGuigan SECOND: Lutz Councilrnember Moreno announced his intention to vote against the motion. Emesto Gomez, representing the Apostolic Church, reported the only use intended for the property was as a church, not an education facility. Substitute Motion: Continue consideration to March 21, 1994. Appeal Application 934301, pending further investigation of the appeal by Council. MOTION: Young SECOND: McGuigan VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None 75.C. APPEAL APPLICATION 94-001 RE VA 934308 FILED BY METROPOLITAN OUTDOOR ADVERTISING VA 93-008 request to grant relief from the off-premise commercial advertising sign ordinance for property at 3151 S. Standard Avenue Recommended for denial by the Planning Commission on January 24, 1994 by a 7/0 vote Legal Notice mailed February 28, 1994 The Mayor opened the public hearing regarding Appeal Application 94-001 at 7:20 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: None Greg Carter and Glenn Emanuel spoke in favor of Appeal Application 94-001. CITY COUNCIL MINUTES 64 MARCH 7, 1994 There were no other speakers on the matter. The Mayor closed the public hearing at 7:34 p.m. Motion: Approve and file Notice of Exetnption and instruct the City Attorney to prepare a resolution. Denying Appeal Application 94-001, denying VA 934308, and affirming the decision of the Planning Commission. MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Mills Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE VA Mayor Young noted that an adjacent property to the 3151 S. Standard Avenue site was littered with mbble and requested the City Manager verify the ownership of the property which had been reported by one of the public hearing speakers as belonging to the City. 75.D. CONDEMNATION OF PROPERTY - SOUTHEAST CORNER SHELTON AND CIVIC CENTER Condemnation hearing to consider acquisition of property through the power of eminent domain of certain property within the Police Administration and Holding Facility project site Legal notice mailed Febmary 17, 1994 The Mayor opened the public hearing regarding the condemnation of property at the Southwest comer of Shelton and Civic Center at 7:35 p.m. Presentation of staff report and staff comments by Community Development Agency Executive Director Cindy Nelson Presentation of written communications by Clerk of the Council Janice C. Guy: None Miles Leach asked the Council to defer the decision on Item 75.D. pending a review of the impacts on the City of the recently enacted "3 strikes" law regarding incarceration. There were no other speakers on the matter. The Mayor closed the public hearing at 7:38 p.m. CITY COUNCIL MINUTES 65 MARCH 7, 1994 Motion: Adopt resolution. RESOLUTION 94-010 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain of certain real property located at the southeast comer of Shelton Street and Civic Center Drive, Santa Ana for the construction of a Police Administration and Holding Facility with related parking structure and for street widening purposes and authorizing and directing condemnation thereof - Community Development Agency MOTION: Mills SECOND: Richardson VOTE: AYES: NOES: Lutz, McGuigan, Mills, Momno, Pulido, Richardson, Young None ABSENT: None FILE BK RECESSED TO HOUSING AUTHORITY AND IMMEDIATELY RECONVENED - 7:39 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS Richard Moser invited the Council to a musical event scheduled for 8:00 p.m. on March 12, 1994 at the Yost Theater in Downtown Santa Ana. Alberta Christy thanked all those members of the Community who had participated in a demonstration protesting obscene behavior and conduct at Paddy Murphy's, a nude entertainment bar. Christy also invited the Council to participate in a meeting at 6:30 p.m. on March 8, 1994 at Valley High School regarding further actions to be taken in the campaign against "smut." The following persons spoke on the homeless issue, asked for the repeal of the City's anti- camping ordinance, and requested the Council to discontinue legal efforts regarding the ordinance. Tim Carpenter Barbara Caraccio Erica Maison Tadeo Saenz CITY COUNCIL MINUTES 66 MARCH 7, 1994 Miles Leach reiterated his opinion that the City Council had violated the Charter in issuing bonds under the auspices of the Santa Ana Financing Authority. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno indicated he would request the Council in Closed Session to repeal the Anti-Camping ordinance. In response to Moreno's inquiry, Recreation and Community Services Executive Director Doby explained that the City cannot regulate Comcast Cable's rate increases because Comcast's market penetration rate is under the 30 percent threshold required for regulation. Councilmember Mills reported receiving calls conceming the residential alarm permit fee and asked staff how much revenue the City received from this source. Mills requested staff to investigate other cities' experience in this area and suggested the Council might wish to repeal the fee. Mayor Pro Tern Pulido requested an update on the Pedrini Music Store situation on Fourth Street; suggested staff coordinate the purchase of Mr. Le's property for the Bristol Street project; and asked staff to schedule a site visit to the Apostolic Church for interested Councilmembers. (See Item 75.A. on Minutes page 63.) Councilmember Richardson expressed concurrence with the Council's action at the prior Council meeting regarding approval of the Police Administration and Holding Facility, Financing Plan, and Utility Users Tax Rate increase. He requested staff provide the Council with an update regarding enforcement of the City's spray paint ordinance. In response to Councilmember Lutz's inquiry, Public Works Agency Executive Director Jim Ross predicted the new John Garthe Reservoir would be opened in mid-May. Councilmember McGuigan reported she was meeting with representatives of Comcast Cable Company tomorrow, March 8, 1994, regarding the franchise fee. She also requested that the City Council meeting be adjourned in honor of Patricia Preciado, a local businesswoman who had been shot to death in Downtown Santa Ana the previous weekend. Mayor Young requested staff to assist the Southeast Little League with completion of its paperwork in order to continue the League's eligibility for Community Development Block Grant Funding. RECESSED TO CLOSED SESSION - ROOM 147 - 8:11 P.M. CITY COUNCIL MINUTES 67 MARCH 7, 1994 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: Ocampo et al vs. City of Santa Ana Zapata vs. City of Santa Ana Tobe vs. City of Santa Ana; pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation; Governmem Code Section 549567.6 to meet with its designated representatives regarding labor relations matters; and Government Code Section 54957 to consider personnel matters, specifically, the City Manager's performance review RECONVENED - COUNCIL CHAMBERS - 9:24 P.M. - All Councilmembers present 95.A. CLOSED SESSION REPORT Motion: 1. Authorize the City Attorney to prepare and the Mayor and Clerk to execute. Amendment to Memorandum of Understanding with the Police Officers Association ~ c/_ 2. Authorize settlements as follows: Zapata vs. City of Santa Ana in the mount of $20,000.00. Arcega portion of Ocampo et al vs. City of Santa Ana in the amount of $9,000.00. MOTION: Lutz VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None CITY COUNCIL MINUTES 68 MARCH 7, 1994 ADJOURNMENT - 9:25 P.M. - In honor of Patricia Preciado To 6:00 p.m. on March 15, 1994 in the Library Conference Room, 2nd Floor, Santa Ana Library, 26 Civic Center Plaza Clerk of the Council CITY COUNCIL MINUTES 69 MARCH 7, 1994