HomeMy WebLinkAbout03-18-1996MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 18, 1996
CALLED TO ORDER
6:12 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, CityManager
EDWARD J. COOPER, CiO/Attorney
JANICE C. GUY, Clerk of the Council
Motion:
CONSENT CALENDAR
Approve staff recommendations on the following Consent Calendar Items.
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Mills
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
CITY COUNCIL MINUTES 81 MARCH 18, 1996
CONSENT CALENDAR
MINUTES
Motion:
10.A.
ADMINISTRATIVE MATTERS
Approve Minutes.
REGULAR MEETING OF MARCH 4, 1996
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter Notices of Posting into the Minutes.
15.A. The March 4, 1996 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 12:00 noon on February 29, 1996.
15.B. The March 7, 1996 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 5:45 p.m. on March 4, 1996.
15.C. The Notice of Adjournment &the March 4, 1996 City Council meeting was posted
on the door of the Council Chambers, 22 Civic Center Plaza, at 9:50 p.m. on March
'4, 1996.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 96-122 - CENTRALIZED IRRIGATION
SYSTEM AT 8 PARK SITES
Motion: 1. Approve. ('Requires five affirmative votes)
Transfer of $102,000.00 from Park Operational Fund (Account 11-250-Various) to
Project 6317 (Account 510-250-6631) for retrofitting eight park sites to a central
computerized irrigation system - Finance and Management Services
FILE APAD
2. Direct the City Attorney to prepare and the Mayor and Clerk to execute
agreement.
INSTALLATION OF CENTRAL COMPUTERIZED IRRIGATION SYSTEM
AT EIGHT PARKS - With Metropolitan Water District for a total project amount
of $102,000.00 - Recreation and Community Services AGMT 96-030
CITY COUNCIL MINUTES 82 MARCH 18, 1996
CONSENT CALENDAR
GRANT APPLICATIONS
21.A.
TREE PLANTING - CENTENNIAL, THORNTON AND LILLIE KING PARKS
Motion: Adopt resolution.
RESOLUTION 96-026 - A resolution of the City Council of the City of Santa Ana
authorizing the Executive Director of the Recreation and Community Services
Agency to execute on behalf of the City of Santa Aha an agreement with the
California Department of Forestry and Fire Protection regarding the distribution of
grant funds under the Small Business Administration tree planting program -
Recreation and Community Services FILE CA
Motion:
22.A.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Continue bid award to April 1, 1996 at request of staff.
FURNITURE - VARIOUS DEPARTMENTS - For a 12-month period to the
following in the estimated amounts indicated - Finance and Management Services
SPEC 96-008
McMahan Desk, Inc. $50,000.00
BKM Total Office 50,000.00
***END OF CONSENT CALENDAR***
CITY COUNCIL MINUTES 83 MARCH 18, 1996
PUBLIC HEARINGS
75.A.
APPEAL APPLICATION 96-001 - CLIP 95-031 - VA 95-009 - TENTATIVE
PARCEL MAP 95-173 - MITIGATION MONITORING PROGRAM
WAL'MART - 3600 W. MCFADDEN AVENUE
FILED BY D.S.L SERVICE COMPANY
Appeal hearing regarding denial of the Conditional Use Permit 95-031 for a drive-through
restaurant, Variance 95-009 conditions restricting delivery and loading hours, number and height
of free standing signs, and continuance of Variance request for pylon signs
Legal Notice mailed on March 7, 1996 and published in the Register on March 8, 1996
The Mayor opened the public hearing regarding the Wal'Mart project at 6:13 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: None
The following individuals spoke in support of the Wal'Mart project:
Robert Henson
Joe Vielma
Maria Sandoval
Dave Lopez
Bill Kenney
Wendell Hindley
Don Vo reported he had come in response to the legal notice but expressed no comments pro or
con regarding the project.
The City Council discussed various issues regarding the project including but not limited to
outdoor sales and merchandise, delivery hours, parking, sign age, the drive-thru restaurant, and
shopping cart clutter outside the shopping area.
Councilmember Mills
- indicated her intent to cast a "No" vote on the item, lamenting the
fact that the vote could not be bifurcated to accommodate her objection
to the variances but her support for the Wal'Mart project.
The Mayor closed the public hearing at 6:48 p.m.
CITY COUNCIL MllXlUTES 84 MARCH 18, 1996
PUBLIC HEARINGS
Mo~on: 1. Approve.
Mitigated Negative Declaration and Mitigation Monitoring Program
TENTATIVE PARCEL MAP 95-173 - 3600 W. McFadden - Filed by DLS Service
Company to subdivide a 22.51-acre parcel into 10 lots to facilitate the development
of a 268,291-square foot shopping center at the southeast corner of S. Harbor
Boulevard and West McFadden Avenue - Planning and Building Agency
Planning Commission Action: Approval
CUP 95-031 - 3600 W. McFadden - Filed by DLS Service Company to allow a
10,000-square foot restaurant in Building L and 5,000-square foot eating
establishments in Buildings J and K, and fast food drive-through in Building H -
Planning and Building Agency
Remand consideration of sign program components relating to monument
and pylon signs to the Planning Commission.
Instruct the City Attorney to prepare a resolution approving VA 95-009, as
previously conditioned by staff, and adding the following conditions:
- Delete restrictions on delivery hours;
- Include a plan in the Covenants, Conditions and Restrictions (CC & R's)
for retrieval of off-site shopping carts;
- Limit the number of outdoor sales to a maximum of 30 days per year; and
- Require 7:00 a.m. to 9:00 p.m. operating hours for trash compactors.
MOTION: McGuigan
SECOND: Richardson
VOTE:
AYES: Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson
NOES: Mills
ABSENT: None
Mayor Pulido requested Economic Development Manager Patti Nunn to help Santa Aha residents
apply through the W.O.R.K Center for the new jobs that will be generated by the project.
RECESSED TO COMMUNITY REDEVELOPMENT AGENCY FOLLOWED BY THE
HOUSING AUTHORITY - 7:11 P.M.
RECONVENED - 7:15 P.M. - All Councilmembers present
CITY COUNCIL MINUTES 85 MARCH 18, 1996
COMMENTS
90.A.
PUBLIC COMMENTS
Miles Leach spoke about the City Ward map, the Santa Ana Neighborhood Association map,
neighborhood petitions, and recall procedures.
Reed Royalty, Orange County Taxpayers Association Executive Vice-President, asked the
Council to pass a resolution opposing ballot Measure S regarding a proposed commercial airport
at E1 Toro.
Mel Vernon reported on maintenance and other problems he observed in the Park Santiago
neighborhood and requested Council assistance to redress the problems. Mayor Pulido asked
Councilmember Mills to schedule a fact-finding walking tour with Vernon.
Florence Leach spoke about pending utility rate and fee increases, trash contract bidding, budget
study sessions, the Artists Village, and the space saver school project.
90.B.
COUNCIL COMMENTS
Councilmember Espinoza reported he received a letter from BFI, a trash hauling company, and
requested BFI's offer to provide $2.1 million to the City be included in the March 21, 1996 Study
Session on the trash contract.
Councilmember Lutz reported on the Spurgeon clock restoration, thanked various organizations,
businesses and individuals for donating time, labor and materials to the effort, and invited the
public to a resetting ceremony on May 16, 1996 from 3:00-5:00 p.m. at 4th and Sycamore.
Councilmember Mills congratulated Ann and Eugen Andres and John and Ann Coil on their
purchase of the old Weight Watchers building on north Main Street for reuse as an art gallery and
coffee shop.
Councilmember Moreno:
updated the listening audience regarding the budget study sessions, noting
the April 1, 1996 public hearing on the proposed FY 96-97 Budget, water
rate and sanitation fee increases, and negotiated versus competitive bidding
for the City's trash contract;
- explored possible causes and effects of declining tax increment revenue;
voiced concerns regarding the proposed elimination of nine (vacant) firefighter
positions, City expenditures on the Artists Village, and Redevelopment Agency
bond ratings; and
- urged residents to voice their concerns on these and other matters by calling
the Council.
CITY COUNCIL MINUTES 86 MARCH 18, 1996
Mayor Pulido:
congratulated all parties involved in the Wal'Mart project;
reported that the number of business licenses issued by the City to Santa
Ana-based establishments had reached 14,000 (apart from 12,000
business licenses issued to non-Santa Ana entities that operate within
the city boundaries);
explained that the drop in Community Development Agency revenue
alluded to earlier by Moreno was partly a result of State actions to balance
the State budget; and
expressed hope that Assembly Bill 2828 would be passed, allowing
funds to be disbursed from the State's growing budget surplus to the
cities.
RECESSED TO CLOSED SESSION - ROOM 147 - 7:42 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 items were received for the March 18, 1996 Council meeting.
95.A.
LIABILITY CLAIMS (G.C. 54956.95)
Claimant: Teresa Del Bal et al.
Claim No. 95-118
Agency Claimed Against: City of Santa Ana
Claimant: Bahena, Gaudencio
Claim No. 95-166
Agency Claimed Against: City of Santa Ana
95.B.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LEGISLATION (G.C.
54956.9)
Name of Case: City of Santa Ana v. C.F.I. Properties, et al.
Superior Case No. 74-81-11
RECONVENED - COUNCIL CHAMBERS - 7:53 P.M. - All Councilmembers present
CITY COUNCIL MINUTES 87 MARCH 18, 1996
CLOSED SESSION REPORT
Motion: Approve settlement as follows:
95.A.
LIABILITY CLAIMS (G.C. 54956.95)
Claimant: Teresa Del Bal et al.
Claim No. 95-118
Agency Claimed Against: City of Santa Ana, settlement in the amount of
$24,865.00.
Claimant: Bahena, Gaudencio
Claim No. 95-166
Agency Claimed Against: City of Santa Ana, settlement in the amount of
$13,000.00.
MOTION: McGuigan
SECOND: Richardson
VOTE:
AYES:
NOES:
Espinoza, Lutz, McGuigan, Mills, Moreno, ?ulido,
Richardson
None
ABSENT: None
Motion:
95.B.
Approve settlement as discussed itt Closed Session providing agreement is executed
within three weeks.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LEGISLATION (G.C.
54956.9)
Name of Case: City of Santa Ana v. C.F.I. Properties, et al.
Superior Case No. 74-81-11
MOTION: Mills
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Lutz
Espinoza, Lutz, Mills, Moreno, Pulido, Richardson
McGuigan
RECESSED - 7:55 P.M.
CITY COUNCIL MINUTES 88 MARCH 18, 1996
RECONVENED - SANTA ANA LIBRARY CONFERENCE ROOM - 8:07 P.M.
ATTENDANCE
City Councilmembers ESPINOZA, LUTZ, McGUIGAN,
M1LLS, MOKENO, PULIDO, RICHARDSON
Human Relations Commissioners BERNARDONI,
NICHOLSON, ORTON, SARMIENTO, STEPHENS,
THORNTON, TUCKER, WALKER
STUDY SESSION
COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET (CDBG)
Community Development Agency Executive Director Cindy Nelson presented the proposed FY
96-97 $8.9 million CDBG budget for the Council's consideration.
Human Relations Commission (HRC) Chair Jim Walker introduced the Commissioners and
presented the HRC's recommendations regarding CDBG allocations.
The Human Relations Commissioners:
- reported reviewing 67 applications for FY 96-97 CDBG funding;
- related the practical and technical issues encountered in the process;
- noted that City Social Programs were monitored through a different
process than Non-City Social Programs; and
- described the methodology used to arrive at their recommended allocations.
HRC Chair Jim Walker thanked the City Council on behalf of the Commission for the opportunity
to serve on the CDBG review panel and asked the Council for feedback on how the review
process can be improved.
On behaif of the City Council, Mayor Pulido commended the Commissioners for their work and
started a discussion of the CDBG review process which produced the following suggestions
among others:
- include CDBG Capital Improvement requests in the HRC review process;
- consider evaluating new applicants versus previous recipients in terms of
organizational ability to deliver services;
- assess redundancy of new organizations vis-a-vis existing service providers;
CITY COUNCIL MINUTES 89 MARCH 18, 1996
- begin review process by category instead of by applicant;
- consider a standard monitoring procedure for both City and Non-City Social
Programs;
- develop a follow-up system for periodic review of the CDBG allocation process.
In response to the Commission's inquiry, Mayor Pulido explained that I-IRC involvement in
allocating CDBG funds was not a legal requirement but an administrative procedure.
Councilmember Espinoza requested City staff to provide him with more information on Project
P.R.I.D.E. to clarify concerns expressed by the I-IRC about the project.
In response to Mayor Pulido's query, the Commissioners indicated the CDBG review was valid
and worthwhile, and expressed their interest in continuing to participate in the process.
RECESSED - 9:08 P.M.
RECONVENED - 9:20 P.M. -All Councilmembers present
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET
Public Works Agency Executive Director Jim Ross introduced Transportation Manager Joyce
Amerson and Transportation Analyst Manuel Gomez who indicated the CIP presentation would
cover the following areas: CIP Project Summary 1992-96, Funding Overview, FY 96-97 CIP and
Challenges, and CIP Issues.
Amerson presented the Summary listing of projects between 1992-96 that were completed,
postponed, or in various stages of implementation, and a bar chart showing total annual CIP
expenditures between 1992-96. Amerson noted that CIP expenditures rose from $56.6 million in
FY 91-92 to $69.4 million in FY 92-93, peaked to $118.8 million in FY 93-94, and subsequently
fell to $38.1 million in FY 94-95 and $16.3 in FY 95-96.
Gomez gave an overview of the CIP book presented to Council, noting the book included details
on FY 96-97 projects, a 5-Year Plan covering FY 1996-2001, and a map showing FY 96-97
projects by location and project type. Gomez enumerated various CIP funding sources,
explaining that projects often have multiple phases and multiple funding sources over the project's
life.
The Council and City staffdiscussed CIP project details, policy challenges, and issues regarding
funding and implementation.
Mayor Pro Tem Richardson requested staff provide him with a breakdown of all completed, on-
going, and planned neighborhood traffic studies.
CITY COUNCIL MINUTES 90 MARCH 18, 1996
Mayor Pulido requested a comparative life cycle analysis of asphalt concrete versus cement
concrete relative to the planned repavement of MacArthur from Main Street to SR-55.
Councilmember Mills asked staff consider adding medians to the project scope for 17th Street.
Among other issues the Council addressed were: use of the Flower Street lighting grant monies,
for the Broadway Overcrossing, depletion of water revenue bond proceeds, vehicle-actuated
versus pedestrian-activated traffic signals for Hobart and Standard, traffic engineering criteria for
identifying and prioritizing projects, safety hazards created by pedestrians using medians instead
of crosswalks, the sublease of the Santa Ana Water Tower, a lack of funds for traffic signals and
various lighting projects.
Mayor Pro Tem Richardson expressed concerns that changes were made to CIP projects without
notifying the Council.
PUBLIC COM/VIENTS
Madison Elementary School Principal Marti Baker reported she had submitted student pedestrian
counts to staff for the Hobart-Standard crossing.
Josefina Llamas expressed concern that the numerous workers living in the Minnie Street and
Grande apartments needed to be included in calculating pedestrian crossings for a Hobart-
Standard traffic signal.
COUNCIL COIVlIVlENTS
Councilmember Mills asked staff for information on FY 95-96 CIP fund balances.
Mayor Pro Tem Richardson requested staffprovide Council with a list of projects from the "FY
96-97 Challenges" list that had been previously funded.
Councilmember Moreno asked staff for information regarding the number of street lights north
and south of 4th Street in the Saddleback View area.
ADJOURNMENT - 10:17 P.M. - To 6:00 p.m., March 21, 1996 at the Santa Aha Main Library
Meeting Room A, 26 Civic Center Drive
Clerk of the Council
CITY COUNCIL MINUTES 91 MARCH 18, 1996