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HomeMy WebLinkAbout02-20-1996MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 20, 1996 CALLED TO ORDER 6:11 P.M. CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA ATTENDANCE: COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern TONY ESPINOZA TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS TED R MORENO Absent: NONE STAFF Present: DAVID N. REAM, City Manager RICHARD LAY, Assistant City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO PRESENTATION National Recreation and Park Association, Pacific Southwest Regional Council, Professional Honor Award presented by MAYOR PRO TEM RICHARDSON and COUNCILMEMBER McGUIGAN to Recreation and Community Se~ices Executive Director Allen Doby CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: Removal of Items 25.A. and 25.B.for separate action. CITY COUNCIL MINUTES 43 FEBRUARY 20, 1996 CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Espinoza Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve. REGULAR MEETING OF FEBRUARY 5, 1996 BOARDS/COMMISSIONS/COMMITTEES Motion: Instruct Clerk to enter report into the Minutes. 13.A. VACANCY REPORT AS OF FEBRUARY 14, 1996 Community Redevelopment/Housing Commission Environment/Transportation Advisory Board Human Relations Commission Library Board Personnel Board Private Industry Council Recreation and Parks Board TOTAL 2 1 3 2 2 7 1 18 13.B. Motion: APPOINTMENT Appoint. Larry Means, 2313 N. Cottonwood Street, recommended by MAYOR PULIDO as the Mayoral representative to the Personnel Board for a partial term expiring November 30, 1996 (Replacing Casteix) CITY COUNCIL MINUTES 44 FEBRUARY 20, 1996 CONSENT CALENDAR 13.C. Motion: NOMINATIONS Set for consideration at March 4, 1996 Council meeting. Felicia G. Bernardoni, 2329 N. Lyon Street, recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Human Relations Commission for a partial term expiring November 30, 1996 (Replacing Espinoza) Mark S. Bernardoni, 2329 N. Lyon recommended by COUNCILMEMBER MORENO as the Ward I representative to the Library Board for a partial term expiring November 30, 1996 (Replacing Heike) Sean Paul Orton, 2117 N. Forest Avenue, recommended by COUNCILMEMBER ESPINOZA as the Ward 4 representative to the Personnel Board for a partial term expiring November 30, 1998 (Replacing Means) FILE BC CLERK OF Motion: 15.A. 15.B. THE COUNCIL POSTING REPORT Instruct Clerk to enter Notices of Posting into the Minutes. The February 5, 1996 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:00 a.m. on February 1, 1996. Andrew F. Mars' resignation from the Private Industry Council by letter effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:15 a.m. on February 7, 1996. BUDGETARY MATTERS AGREEMENTS 25.A. JOINT BANKRUPTCY AGREEMENT FOR RESOLUTION OF CLAIMS AGAINST THE COUNTY OF ORANGE - Removed for separate action. (See Minutes page 47.) 25.B. JOINT POWERS AGREEMENT - 800 MHZ COUNTYWIDE COORDINATED COMMUNICATION SYSTEM - Removed for separate action. (See Minutes page 48.) CITY COUNCIL MINUTES 45 FEBRUARY 20, 1996 CONSENT CALENDAR Motion: 25,C. 25.D. Instruct the City attorney to prepare; and the Mayor and Clerk of the Council to execute agreements and necessary documents. ASSET SEIZURE FUNDS AUDIT SERVICES - With Conrad & Associates L.L.P. for a 4-year period in a total amount not to exceed $11,500.00 - Police Department AGMT 96-019 COMMUNITY NEEDS ASSESSMENT AND COMMUNITY PROFILE REPORT - With the National Alliance of Business to determine workforce readiness of Santa Ana high school graduates based on interviews with 100 leaders from business, education, and community organizations in an amount not to exceed $30,000.00 - Community Development Agency AGMT 96-020 LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Receive and file staff report and adopt fin&'ngs as submitted by staff 31. A. CUP 95-038 - 2102 S. Main Street - Filed by Sot Kann Tang to allow after-hour operations at an existing restaurant (KD's Donuts) in the Community Commercial (C1) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CA Motion: 31.B. Reconsider February 5, 1996 Council action to set public hearing; receive and file staff report. VA 95-008 - 2650 N. Grand - Filed by Robert Fiscus and Associates to increase the maximum permitted height from 7 feet to 13.2 feet for a freestanding Chevron gas station sign in the Arterial Commercial (C5) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CA ***END OF CONSENT CALENDAR'~*~ CITY COUNCIL MINUTES 46 FEBRUARY 20, 1996 BUSINESS CALENDAR AGREEMENTS 25.A. JOINT BANKRUPTCY AGREEMENT FOR RESOLUTION OF CLAIMS AGAINST THE COUNTY OF ORANGE Councilmembers Mills and Espinoza and Mayor Pro Tern Richardson indicated their intentions to abstain from voting on the proposed Joint Bankruptcy Settlement Agreement. Councilmember Mills suggested that deleting the provision pertaining to payment of legal fees (Clause 10.j) from the Agreement would save the City approximately $216,000. Deputy City Attorney Doris Felman clarified several points in the Agreement and noted approval by March 1, 1996 would allow for the earliest distribution of available funds to the City. Motion: Amend agreement by deleting Clause lO.j and authorize its execution by the Mayor and Clerk of the Council. JOINT BANKRUPTCY AGREEMENT FOR RESOLUTION OF CLAIMS AGAINST THE COUNTY OF ORANGE - With the County of Orange and the official Investment Pool Participants' Committee to ensure that the City receives funds due from the County as funds become available for distribution - Finance and Management Services AGMT 96-017 MOTION: Pulido SECOND: McGuigan Councilmember Moreno stated he had received a copy of the agreement only 30 minutes before the Council meeting and requested a continuance to allow him time to review the document. Mayor Pulido suggested the Council hold an additional meeting to act on this item prior to the March 1, 1996 deadline. Substitute Motion: Continue consideration of the Bankruptcy Agreement to February 26, 1996. MOTION: Lutz SECOND: Moreno VOTE: AYES: Lutz, McGuigan, Moreno, Pulido NOES: None ABSENT: None ABSTAIN: Espinoza, Mills, Richardson CITY COUNCIL MINUTES 47 FEBRUARY 20, 1996 BUSINESS CALENDAR 25.B. JOINT POWERS AGREEMENT - 800 MHz COUNTYWIDE COORDINATED COMMUNICATION SYSTEM Councilmember Moreno opined that the City's $5.5 million share of the proposed countywide communication system was extremely costly, suggested that upgrading the City's current system might cost less, and voiced concerns about the county's bid award process. Desi Reyes, Sal Juarez, and Dolores Otting expressed concern regarding the system's cost and inquired as to the source of funds for the purchase. Police Chief Paul Walters and Deputy Fire Chief Wayne Bowman discussed the disadvantages of upgrading outmoded equipment, the problems with operating an isolated City system, and the need for Santa Ana to be part of the countywide public safety communications system. City Manager David Ream indicated the proposed system would allow all law enforcement agencies in the county to communicate with each other, reported 30 cities were involved, and noted the system would be financed over a 9-year period. Instruct the City attorney tO prepare; and the Mayor and Clerk of the Council to execute agreements and necessary documents. JOINT POWERS AGREEMENT - 800 MHZ COUNTYWIDE COORDINATED COMMUNICATION SYSTEM - With the County of Orange and other Orange County cities to create a Joint Powers Authority to finance and purchase the system in the amount of $82,000,000.00, with the City of Santa Ana's share set at $5,500,000.00 - Finance and Management Services AGMT 96-018 MOTION: McGuigan SECOND: Lutz VOTE: AYES: Lutz, McGuigan, Mills, Pulido, Richardson NOES: Moreno ABSENT: None ABSTAIN: Espinoza 13.D. Motion: CITY COUNCIL MINUTES BOARDS AND COMMISSIONS PRIVATE INDUSTRY COUNCIL APPOINTMENTS Appoint. Colleen O'Hara Buffington, Private Sector Business representative as Private Industry Council Chair for a one-year term. Jerry Dunn, Orange County Social Services, as a Public Sector representative to the Private Industry Council for a second full term expiring February 1, 2000 48 FEBRUARY 20, 1996 BUSINESS CALENDAR Dr. Edward Heruandez, Jr., Rancho Santiago Community College, as a Public Sector representative to the Private Industry Council for a second full term expiring February 1, 2000 Clarence W. Ray, Orange County Community Development Council, as a Community-based organization representative to the Private Industry Council for a partial term expiring June 1, 1997 (Replacing Salamida) Motion: Appoint. Ron Isumita, IMA, as a Private Sector representative for a second term expiring February 1, 2000 David Hemingway, Hawkins Advertising & Public Relations, as a Private Sector representative for a partial term expiring February 1, 1998 FILE BC MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Mills Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None RESOLUTIONS 55.A. HOME MORTGAGE FINANCE AND CREDIT CERTIFICATE PROGRAM Motion: Adopt resolution. RESOLUTION 96-015 - A resolution of the City Council of the City of Santa Ana approving the operation ora mortgage credit certificate program by the Community Redevelopment Agency of the City of Santa Ana outside the project area of the Agency - Community Development Agency MOTION: Mills SECOND: Richardson VOTE: AYES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None ABSTAIN: Espinoza FILE CA CITY COUNCIL MllNUTES 49 FEBRUARY 20, 1996 BUSINESS CALENDAR REPORTS 65.A. 4TH STREET IMPROVEMENTS Desi Reyes and Amalia Almasy spoke in support of the proposed 4th Street improvements, suggested Alternative 1 be expanded to include amenities listed in Alternatives 2 and 3, and reported the Interstate-5 widening project created a storm drain problem on Eastside Street. Mayor Pulido requested Larry Hitterdale's letter, written on behalf of the S addleback View Neighborhood Association to express support for the 4th Street project with modifications, be entered into the record. Public Works Agency Executive Director Jim Ross discussed the components and costs of the various street improvement alternatives. Councilmember Moreno asked that the action include removal of parking on 4th Street between Grand and French, and addition of electrical stubs (for future theme lighting) between Grand Avenue and the I-5 Freeway during the undergrounding portion of the project. Motion: 1. Approve. Alternative 1 for 4th Street improvements which includes reconstruction of existing pavement, curb, gutter, sidewalk, driveway approaches, and wheel chair ramps; construction of a storm drain system; installation of new street lights between French Street and the I-5 Freeway, theme lighting on 4th Street between French Street and Grand Avenue, and theme sidewalk between French and Lacy Streets; and undergrounding of overhead utility lines by utility companies per Underground Utility District No. 31 at a total estimated cost of $3,200,000.00 - Public Works Agency FILE RPT 2. Set for consideration at a future study session. Additional street amenities as provided in Alternative 2, and inclusion of electrical stubs to accommodate future theme lighting. MOTION: McGuigan SECOND: Richardson VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None RECESSED - 7:32 P.M. RECONVENED - 7:47 P.M. - All Councilmembers present CITY COUNCIL MINUTES 50 FEBRUARY 20, 1996 PUBLIC HEARINGS 75.A. CONDITIONAL USE PERMIT (CUP) 95-030 - AFTER-HOUR OPERATIONS 202 S. BRISTOL - TAQUERIA TAPATIA FILED BY DONALD KROTEE PARTNERSHIP CUP 95-030 to allow after- hour operations at an existing restaurant (Taqueria Tapafia) in the Specific Plan 1 (SP-1) zoning district Recommended for approval by the Planning Commission on January 8, 1996 by a 7/0 vote Legal Notice mailed on February 10, 1996 The Mayor opened the public hearing regarding Conditional Use Permit 95-030 at 7:47 p.m. Presentation of staff reports and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: Letter dated February 15, 1996 from Gilbert Bedia Letter dated February 18, 1996 from Refugio and Miguel Lopez The following persons spoke in support of Conditional Use Permit 95-030: Don Krotee Miguel Lopez Gilbert Bedia Refugio Lopez There were no other speakers on the matter. The Mayor closed the public hearing at 7:56 p.m.. Motion: Direct the City Attorney to prepare a resolution approving CUP 95-O30 as conditioned by staff and adding the condition that security guard services be required Friday, Saturday, and Sunday evenings; and adopt the findings as submitted by staff MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CA CITY COUNCIL MINUTES 51 FEBRUARY 20, 1996 PUBLIC HEARINGS Motion: 75.B. ALTERNATIVE ABATEMENT PROCEDURE FOR CODE ENFORCEMENT Proposal to establish an alternative procedure to abate public nuisances caused by zoning and building code violations, and set cost recovery rates of $67.00 per hour for code enforcement work and $75.00 per hour for hearings Legal Notice published in the Register on January 24 and 31, 1996 Continue public hearing on Alternative Abatement Procedure for Code Enforcement to Council meeting of March 4, 1996. MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CA COMMENTS 90.A. PUBLIC COMMENTS Sal Juarez urged the Council to solicit competitive bids for the City's trash contract in lieu of extending the current contract with Great Western Reclamation. Pat Mill stated that the Council had promised to solicit competitive bids for the City's trash contract and asked Council to honor that promise. Mill also expressed concern regarding unsightly, oversized bins to be used for recycling, voiced apprehension over the possible construction ora Materials Recycling Facility (MRF) in Santa Ana, and suggested the City initiate a bag system for trash collection. Eusebia Diaz, Ampara Ortega, and Maria Salomon, representing United Parents of Madison School, reported a large number accidents had occurred at the crosswalk by Hobart Street and Standard Avenue, and requested the City to install a traffic signal at that location. Councilmember Moreno reported he had.met with the Madison Parents group and clarified that the request was for a pedestrian-activated signal. Mayor Pulido indicated the request would be considered during the Council's budget study sessions and requested the City Manager to notify the Madison Parents so they might be present when the issue is discussed. Mayor Pro Tem Richardson requested traffic officers be promptly alerted to the need for additional enforcement at the Standard-Hobart crosswalk to protect pedestrians. CITY COUNCIL MINUTES 52 FEBRUARY 20, 1996 Scan Mill and Madeline Arakeulian requested the Council to require a "true bid" (as opposed to request for proposal) process for the City's trash contract. Florence Leach voiced concern that financing the countywide communication system (see Agenda item 25.B on Minutes page 48) through a Joint Powers Authority bypassed the voter approval requirement for public financing. Robert Banuelos spoke on a number of issues including: notification about the recent Comcast Cablevision rate increase, Council study sessions held in the Council Chambers, public access to bids received by the City, an Orange County Sanitation District grant for experimental alternative fuel, and Council decisions made during study sessions. Miles Leach opined that City regulations deprive certain people of the ability to supplement their income through trash recycling. 90.B. CITY COUNCIL COMMENTS Councilmember Lutz: reported neighbors in the Santa Anita area adjacent to Russell School were collaborating with the Police Department and the Recreation and Community Services to decrease illegal drug activity in their neighborhood; requested staff assess the feasibility of installing "Cobra Head" street lighting fixtures and to investigate a possible safety hazard from unfiltered spray paint flames released by an auto body shop in the area; announced that Rancho Santiago Community College recently signed a lease with the Santora complex in the Downtown Artists Village, and noted the Santora complex had hosted another well-attended opening on Februrary 17; and thanked Valley High School's "Random Acts of Kindness" group for thinking of the City Council and asked that the candy given to him by the group be sent to the seniors at Jerome Center (as did Councilmember McGuigan). Councilmember Mills: - reported the judge on the case involving the 2828 N. Bristol rental complex had recused himself, causing further delay in settling that case; - commented that the City did bid the trash contract two years ago; and - requested that trash issues be included for discussion at budget study sessions. CITY COUNCIL MINUTES FEBRUARY 20, 1996 Mayor Pro Tern Richardson: - thanked the Public Works Agency for its efforts in informing the motoring public of detours during the McFadden Avenue reconstruction project; thanked City staffers Scott McCann and Jill Arthur for meeting with Mary Zimmerman to resolve traffic issues at the intersection of Santa Ana Boulevard and Mortimer Street and requested staffrepair a severe pothole in the same area; - requested staffrespond to a constituent request regarding a broken fence that has created a safety hazard on the northeast comer of Edinger and Flower; - indicated the new Federal Courthouse was taking shape and urged the public to view the project's progress; and - requested the Golden City Kiwanis be recognized at a future Council meeting for their annual donations to orphanages in Tijuana. Councilmember Moreno: expressed reservations about the Santa Ana Chamber of Commerce process of reviewing the City budget and reiterated his request for the Council to establish a Finance Commission to review the City budget; opined that a legal loophole allowed general purpose political action committees (PAC's) to make unlimited independent expenditures on behalf of candidates for City Council and asked the City Attorney to prepare a Charter amendment to close the loophole; and - contended that the City had used a request for proposal instead ora bid process to award the trash contract in 1993. Mayor Pulido reported famed international pianist Alain LeFerve had committed to provide a "pro bono" day of professional guidance to Santa Ana schools' music students on July 22, 1996 and requested staff contact Randy Coleman and Lou Spisto to arrange for publicizing the event. CLOSED SESSION - ROOM 147 - 8:53 P.M. The Brown Act permits the City Council to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the City Council meeting. The following item was received for the February 20, 1996 Council meeting. 95.A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LEGISLATION (G.C. 54956.9) Name of Case: Moorhouse v. City of Santa Ana (Workers Compensation) File 93PD S0210 CITY COUNCIL MINUTES 54 FEBRUARY 20, 1996 CLOSED SESSION REPORT - COUNC1L CHAMBERS - 8:56 P.M. Motion: 95.A. 1. Authorize settlement as follows: CONFERENCE WITH LEGAL COUNSEL- EXISTING LEGISLATION (G.C. 54956.9) Name of Case: Moorhouse v. City of Santa Aha (Workers Compensation) File 93PD S0210, Stipulation in the amount of $12,320.00 MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None ABSTAIN: Moreno SECOND: Mills Espinoza, Lutz, McGuigan, Mills, Pulido, Richardson None ADJOURNMENT - 8:56 P.M. - To 6:00 p.m., Monday, February 26, 1996 in the Council Chambers, 22 Civic Center Plaza Janice C. Guy Clerk of the Council CITY COUNCIL MINUTES 55 FEBRUARY 20, 1996