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Home My WebLink About03-17-1997MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 17, 1997 CALLED TO ORDER ATTENDANCE CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:13 P.M. COUNCILMEMBERS Present: MIGUEL A PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern 6:27 p.m. TONY ESPINOZA BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO Absent: NONE STAFF: DAViD N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council FLAG CEREMONY AND PLEDGE OF ALLEGIANCE Members of Boy Scout Troop 1220 INVOCATION Chaplain Robert Barnett Police Department PRESENTATIONS Certificates recognizing their generous contributions to the Santa Ana Boy Scouts presented by MAYOR PULIDO to Maaco Auto Painting owners Tom Tyler and Lana Calid City Seal Plaque presented by MAYOR PULIDO to Orange County First District Supervisor Charles W. Smith CITY COUNCIL MINUTES 81 MARCH 17, 1997 SPOTLIGHT ON BUSINESS Certificate recognizing Latino Psychological Social Services Corporation located at 1515 N. Broadway for its outstanding mental health services presented by MAYOR PULIDO to President/CEO Patricia Lazalde and Vice President/Clinical Director Julio Rodriguez PRESENTATIONS continued Certificates recognizing Police Task Force members for their outstanding efforts in improving public safety in the French Court Neighborhood presented by MAYOR PRO TEM RICHARDSON and Neighborhood Association representative Ed McKie to Lieutenant Dave Nick, Sergeant Ed Andrade, Officer Steve Colon and Officer Ruben Ibarra Plaque recognizing the City of Santa Aha for outstanding support of the Mater DeS High School Tournament of Champions presented by Band Director Chris Merino, Assistant Director Jeanne Woody and students Shannon Boisvert, Pat Didier, Lawrence Pasion and Veronica Rodriquez to COUNCILMEMBER MCGUIGAN, Recreation and Community Services Executive Director Cleve Williams and Operations Manager Jon "Rip" Ribble CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 2. 3. 4. "NO" votes on Item 11.A. by Councilmembers Espinoza and Moreno Abstention on Item 23.A. by Councilmember Moreno Abstention on Item 31.A. by Mayor Pulido Removal of Items 20.A. and 31.C. for separate action Consent Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Lutz SECOND: Richardson VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None [lei'ns removed fbr sepa[':tte action a['e highlighted and shuu. the aClLLal vote Items withoul '.olcs ~ ere passed aq part oi'tlle consenl molion. CITY COUNCIL MINUTES 82 MARCH 17, 1997 CONSENT CALENDAR MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEET1NG OF MARCH 3, 1997 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 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. (Published in the OC. Reporter on March 7, 1997) ll.A. CARWASH REGULATION 1N INDUSTRIAL ZONING DISTRICTS (Placed on first reading on March 3, 1977 by a 6/1 vote with Moreno dissenting) ORDINANCE NS-2316 - An ordinance of the City of Santa Ana amending Section 41-472.5 of the Santa Ana Municipal Code to allow car wash facilities in the M-1 (Light Industrial) and M-2 (Heavy Industrial) Zoning Districts with a conditional use permit - Planning and Building Agency (Councilmembers Espinoza and Moreno voted "NO"). ll.B. AMENDMENT APPLICATION 96-13 - SD-12 AND SD-63 ORANGE COUNTY BUSINESS CENTER EXPANSION 1211-1261 E. DYER ROAD (Placed on first reading on March 3, 1997 by a 7/0 vote) ORDINANCE NS-2317 - An ordinance of the City of Santa Ana to amend the SD- 12 (Specific Development) District and create the SD-63 (Specific Development) District to accommodate expansion of the Orange County Business Center (AA No. 96-13) o Planning and Building Agency FILE CA CITY COUNCIL MINUTES 83 MARCH 17, 1997 CONSENTCALENDAR ll.C. AMENDMENT APPLICATION 96-14 - N. BUSH & E. SANTA CLARA - SINGLE FAMILY RESIDENTIAL (Placed on first reading on March 3, 1997 by a 7/0 vote) ORDINANCE NS-2318 - An ordinance of the City of Santa Ana rezoning various property located on North Bush Street and Santa Clara Avenue from the R-2 (Two- Family Residential) District to the R-1 (Single-Family Residential) District (AA No. 96-14) - Planning and Building Agency FILE CA ll.D. AMENDMENT APPLICATION 96-16 - VARIOUS PROPERTIES ON N. BUSH, E.20TH AND N. SPLIRGEON - TWO FAMILY RESIDENTIAL (Placed on first reading on March 3, 1997 by a 7/0 vote) ORDINANCE NS-2319 - An ordinance of the City of Santa Ana rezoning various property located on North Bush Street, East 20th Street and North Spurgeon Street from the R-3 (Multiple Family Residential) District to the R-2 (Two-Family Residential) District (AA No. 96-16) - Planning and Building Agency F1LE CA BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT AS OF MARCH 12, 1997 Motion: Instruct Clerk to enter report into the Minutes. Community Redevelopment/Housing Commission Human Relations Commission Library Board Private Industry Council 2 3 1 3 TOTAL 9 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The March 3, 1997 City Council Agenda and Revised Agenda Pages were posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:00 p.m. on February 26, 1997. CITY COUNCIL MINUTES 84 MARCH 17, 1997 CONSENT CALENI)AR 15.B. 15.C. The March 12, 1997 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:45 a.m. on March 7, 1997. Mary Ann Mahoney's resignation as a Labor representative to the Private Industry Council by phone on March 10, 1997 effective February 14, 1997 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:00 a.m. on March 11, 1997. MAYORAL PROCLAMATIONS Motion: Declare and #~struct Clerk to enter proclamation into the Minutes. 16.A. March 20, 1997 to be "Absolutely Incredible Kid Day" at the request of Camp Fire Boys and Girls and encourage Santa Ana residents to write a loving letter to the children in their lives on that day 16.B. Week of March 16-22, 1997 to be "Mediation Week" at the request of Institute For Conflict Management and commend the Institute for promoting constructive forms of conflict resolution particularly relating to community youth 16.C. Commendation of Rancho Santiago College District Chancellor Dr. Vivian Blevins for her strong commitment, outstanding leadership and dedicated service to the students and the community 16.D. Commendation of the Soroptimist International of Santa Ana/Tustin Club for 50 years of service to not only the local but also the world community BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS ~i~i .,M'PI(OPI(I .VI'ION ..\I)JUS'I M I'-.'N I' ~'-I 18 - JOB 'I'P,..MNING I'ARTNf:RSH IIs ACT (JTPA)'ITl'l.I; lib SI/MMI!R YOL'TII Plt. OGR:\M Motion: Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $1,607,030.00 in unanticipated JTPA revenue and appropriating same to the JTPA Title IIB Summer Youth Employment Training Program - Finance and Management Services MOTION: Moreno SECOND: Richardson CITY COUNCIL MINUTES 85 MARCH 17, 1997 CONSENT CALENDAR VOTE: AYES: NOES: ABSENT: None Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None FILE CA SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. 22.A. COMPUTERS, PRINTERS, SCANNER AND SOFTWARE - POLICE DEPARTMENT - To the following in the amounts indicated - Finance and Management Services SPEC 96-109 MicroAge Computermart Connecting Point Computer MicroSystems, Inc. $10,926.00 8,661.00 3,972.00 22.B. HEADSETS AND HEADSET MODIFICATIONS - POLICE DEPARTMENT - To Television Equipment Associates, Inc. in the amount of $11,732.00 - Finance and Management Services SPEC 96-110 22.C. EXTENDED BODY PASSENGER VAN - PUBLIC WORKS AGENCY - To Guaranty Chevrolet in the amount of $20,508.05 - Finance and Management Services SPEC 96-112 22.D. UTILITY TRUCK - PUBLIC WORK AGENCY - To Gunderson Chevrolet, Inc. In the amount of $22,867.78 - Finance and Management Services SPEC 96-113 22.E. COMPACT TRUCK - PUBLIC WORKS AGENCY - To Guaranty Chevrolet in the amount of $16,022.24 - Finance and Management Services SPEC 96-114 22.F. COMPACT PASSENGER VEHICLES (4) - PUBLIC WORKS AGENCY, FINANCE & MANAGEMENT SERVICES - To Guaranty Chevrolet in the amount of $53,463.44 - Finance and Management Services SPEC 96-115 22.G. EXTENDED CAB PICKUP TRUCK - POLICE DEPARTMENT - To Tom Bell Chevrolet in the amount of $22,701.39 - Finance and Management Services SPEC 96-116 22.H. PLASTIC TRASH CAN LINERS - CENTRAL STORES - To Chem-Lite for a one-year period with provision for two one-year renewals in the estimated annual amount of$35,116.00 - Finance and Management Services SPEC 97-009 CITY COUNCIL MINUTES 86 MARCH 17, 1997 CONSENT CALENDAR 22.I. MICROFILM SUB SCRIPTION SERVICES - LIBRARY - To University Microfilms International for a two-year period with provision for two one-year renewals in the estimated annual amount of $14,400.00 - Finance and Management Services SPEC 97-020 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award m accordance with Requests for Council A ction. 23.A. TREE TRIMMING - VARIOUS CITY LOCATIONS - V & E Tree Service in the amount of' $71,575.00 - Public Works Agency PROJ 2189-7 (Councilmember Moreno abstained.) 23.B. NEIGHBORHOOD STREET REHABILITATION - VARIOUS STREETS - To All American Asphalt in the estimated amount of $906,269.50 with total estimated construction cost of $1,163,700.00 - Public Works Agency. PROJ 7309 AGREEMENTS Motion: Authorize the City Attorney to prepare at~d the Mayor and Clerk of the Council to execute agreements. 25.A. COMPUTER SOFTWARE PROGRAMMING - With X-Image in the amount of $12,500.00 - Police Department AGMT 97-026 25.B. SUNFLOWER AVENUE IMPROVEMENTS - With City of Costa Mesa in the amount of $400,000.00 - Public Works Agency AGMT 97-027 25.C. MODIFICATIONS - COMPUTER AIDED DISPATCH (CAD) SYSTEM - With PRC Public Sector, Inc. in an amount not to exceed $5,527.00 - Police Department AGMT 97-028 MISCELLANEOUS - BUDGET 29.A. ORANGE COUNTY DIVISION - LEAGUE OF CALIFORNIA CITIES Motion: Approve. Reimbursement to the Orange County Division League of California Cities for City's share of bankruptcy-related expenses in an amount not to exceed $11,303.00 - Community Development Agency FILE CA CITY COUNCIL MINUTES 87 MARCH 17, 1997 CONSENTCALENDAR LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Receive and file staff reports and adopt findings as submitted by staff. 31.A. VA 97-01 - 5010 and 4918 Westminister Avenue - Filed by the Buddhist Temple to allow a noncontiguous parking lot in conjunction with a proposed temple - Planning and Building Agency Planning Commission Action: Approval FILE CA (Mayor Pulido abstained.) 31.B. CUP 97-02 - 5305 W. McFadden Avenue - Filed by Garo Jourekian to construct a 4,797 square foot cultural center in the Single-Family Residential (R1) zoning district - Planning and Building Agency Planning Commission Action: Approval F1LE CA Motion: Set for public hearing on April 21, 1997. VA 97-02 - 3620 S. Bristol - Filed by J. M. Consulting Group to allow a 16-foot cellular antenna to be mounted on an existing building in the CR zoning - Planning and Building Agency Planning Commission Action: Approval FILE CA MOTION: Moreno SECOND: Espinoza Substitute Motion: Set Variance 97-02 for public hearitig on April 7, 1997 MOTION: McGuigan SECOND: Lutz VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 88 MARCH 17, 1997 BUSINESS CALENDAR Motion: RESOLUTIONS 55.A. WATER RATE REVISIONS Replaces seasonal water rate adjustments with a uniform base rate applied throughout year, establishes multi-family dwelling unit user classification and rate structure for master-metered duplexes, triplexes, apartments and condominiums Chuck Bordenave expressed concerns about the proposed resolution. Tod Priest of the Apartment Association of Orange County, and Ayyad Ghobrial, an apartment owner, spoke in support of the resolution. Adopt resolution. RESOLUTION 97-008 - A resolution of the City Council of the City of Santa Ana revising the conservation-based water rates established under Resolution No. 96-036, effective July 1, 1997 - Public Works Agency MOTION: Richardson SECOND: Lutz Substitute Motion: Continue consideration of Resohttion 97-008 to Budget hearings. MOTION: Espinoza VOTE: AYES: NOES: ABSENT: None The Substitute Motion FAILED. Vote on Original Motion: VOTE: AYE S: NOES: SECOND: Moreno Espinoza, Moreno Franklin, Lutz, McGuigan, Pulido, Richardson ABSENT: None Franklin, Lutz, McGuigan, Pulido, Richardson Espinoza, Moreno FILE CA CITY COUNCIL MINUTES 89 MARCH 17, 1997 JOINT PUBLIC HEARING 75.A. SALE OF REAL PROPERTY - S. MAIN REDEVELOPMENT PROJECT AREA SANTA ANA AUTO MALL Joint public hearing of the Santa Ana City Council and the Community Redevelopment Agency regarding the proposed sale of real property, Parcel No. 6 (3.2 acres) of Parcel Map 84-884, at the Santa Aha Auto Mall by the Community Redevelopment Agency to Richard R. Bauer for the development of a Jaguar car dealership Legal Notice published in the Register on March 3 and 10, 1997 The Mayor opened the joint public hearing regarding the sale of real property located in the South Main Redevelopment area known as the Santa Aha Auto Mall at 7:19 p.m. Presentation of staff report and comments by Community Development Agency Executive Director Cindy Nelson 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 7:21 p.m (CONCURRENT ACTION WITH COMMUNITY REDEVELOPMENT AGENCY) Motion: Adopt resolution. RESOLUTION 96-013 - A resolution of the City Council of Santa Aha making certain findings with respect to the consideration to be received by the Community Redevelopment Agency of the City of Santa Aha pursuant to a disposition and development agreement between the Community Redevelopment Agency of the City of Santa Ana and Richard R. Bauer, a Trustee of the 1988 Bauer Family Trust, for the sale of certain real property in the South Main Street Redevelopment Project and approving the sale of said real property upon the terms and conditions contained in that agreement - Community Development Agency MOTION: McGuigan SECOND: Lutz VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None FILE CA CITY COUNCIL MINUTES 90 MARCH 17, 1997 RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 7:29 P.M. RECONVENED - 7:30 P.M. - All Councilmembers present COUNCIL ITEMS 85.A. APPEAL OF ZONING ADMINISTRATOR DECISION - ALCOHOLIC BEVERAGE LICENSE AT CHEVRON STATION - 2650 N. GRAND AVENUE (MORENO) Denied by the Planning Commission on March 10, 1997 by 5/0 vote Set matter for public hear#~g on April 21, 1997. Motion: MOTION: Moreno VOTE: AYES: NOES: ABSENT: None SECOND: Espinoza Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None Mayor Pro Tem Richardson requested staffprepare a background memorandum on the City's criteria regarding the issuance of Alcoholic Beverage Control (ABC) licenses. COMMENTS 90.A. PUBLIC COMMENTS Charles Bordenave expressed concerns about the process used to appoint members to the City's Boards and Commissions. Margaret Farris spoke about the Orange County Transportation Authority program to provide access for the disabled and thanked Mayor Pro Tem Richardson and Police Chief Paul Walters for their assistance. Nathan Reed, a cellular communications industry employee, warned about the pending proliferation of cell sites and expressed support for the City's efforts to develop cell site standards and regulations. Debbie McEwen suggested commercial dumpsters be more tightly secured against scavenging. Ed McKie reiterated his thanks to the Police Task Force and Public Works staff for their service to French Park residents and requested the Council's assistance on two neighborhood issues: anticipated traffic impacts from a fundamental school proposed at 1405 N. French Street and a "bread line" organization operating at 1602 N. Bush. CITY COUNCIL MINUTES 91 MARCH 17, 1997 90.B. CITY COUNCIL COMMENTS Councilmember Franklin: - suggested residents donate to charitable organizations serving the homeless rather than directly give to homeless persons; - commended the Sandpointe Neighborhood Association for its excellent newsletter, "The Sandpiper"; - related suggestions from an article on how to solve the problem of abandoned shopping carts proliferating in neighborhood areas; expressed concern that Santa Ana residents were paying higher cable television prices than residents of other Orange County cities and suggested cable television rates be reviewed by the Cable Television Advisory Board and an independent audit be conducted; and - asked City staff to be proactive in preventing the proliferation of billboards in Santa Ana. Councilmember Lutz: - suggested Library Executive Director Rob Richard meet with Roy Russell on a program to provide Library computer links to Santa Ana schools; - provided an update on the remodelihg of the former Weight Watchers building on N. Main street; and commended Santa Ana 9th grader Hiep Nguyen, the only Californian among 18 students nationwide, to be awarded an Icahn scholarship to attend Choate Rosemary Hall in Connecticut. Councilmember McGuigan congratulated MANA, a national Latina women's organization, and Western Medical Center on the occasion of their joint inauguration of a medical clinic on Bristol and 17th Street, and commended Santa Ana Recreation and Parks Board member Jim Kendricks on his election to the California Parks and Recreation Society. Mayor Pro Tem Richardson requested staffadd the issue of banners and signs to the list of policy issues developed at the March 12 Council meeting for subsequent Code Enforcement discussions. Councilmember Espinoza noted Orange County and numerous cities had their own web sites to promote business and other municipal services on the Internet, suggested Santa Ana consider creating its own web site, and wished everyone a happy St. Patrick's Day. (Mayor Pulido asked staffto provide the Council with a report on Santa Ana's web site plans.) CITY COUNCIL MINUTES 92 MARCH 17, 1997 Councilmember Moreno: - acknowledged the attendance of Congresswoman Loretta Sanchez' staff at the Council meeting; - requested that Council Study Sessions on the budget be televised; - stated the new sound signal from the public microphone timing device was disruptive and requested the device be replaced; reported on a meeting he attended with Public Works Agency Executive Director Jim Ross and Southern California Edison staff regarding funding for undergrounding utility lines; and - indicated preventive measures against billboards had already been enacted by previous Councils. Mayor Pulido briefed the Council on his recent advocacy efforts in Washington, D.C. and reported meeting with: - Congressional leaders (and testifying before Congress) regarding Santa Ana's $10.7 million request for the Bristol Street widening project; - U.S. Department of Justice officials to pursue the City's request for additional funding for the Community-Oriented Policing and "Weed and Seed" programs; the Census Bureau Deputy Director for the Year 2000 Census project regarding the importance of an accurate count of Santa Ana residents (undercounts unduly reduce the City's share of population-based grant funding); and - U.S. Department of Education officials regarding the educational needs of Santa Ana as a "very young city." Pulido also announced that the Spurgeon United Methodist Church Choir would hold a Spring Concert of classical music with a full orchestra at the Church, 1025 W. Memory Lane on Sunday, March 23, 1997 at 7:00 p.m. CLOSED SESSION - ROOM 147 - 8:24 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 17, 1997 Council meeting. 95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Romo v. Geico Corporation, et al. (City of Santa Ana- Plaintiff in Intervention) Orange County Superior Court Case No. 76-15-58 CITY COUNCIL MINUTES 93 MARCH 17, 1997 CLOSED SESSION REPORT - COUNCIL CHAMBERS - 8:36 P.M. Motion: Authorize. Romo v. Geico Corporation, et al. (City of Santa Ana- Plaintiff in Intervention) Case No. 76-15-58 Acceptance by the City Attorney of a settlement of not less than $108,000 from Defendants, plus waiver of $96,120.00 in future Workers' Compensation benefits MOTION: McGuigan VOTE: ABSENT: SECOND: Lutz AYES: Lutz, McGuigan, Pulido, Richardson NOES: None Espinoza, Franklin, Moreno ADJOURNMENT - 8:36 P.M. Clerk of the Council CITY COUNCIL MINUTES 94 MARCH 17, 1997