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HomeMy WebLinkAbout08-04-1997MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 4, 1997 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:07 P.M. ATTENDANCE COUNCILMEMBERS present: MIGUEL A PULIDO, Mayo ROBERT L. RICHARDSON, Mayor Pro Tem (6:25 p.m.) TONY ESPINOZA BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO (6:17 p.m.) PLEDGE OF ALLEGIANCE INVOCATION EMPLOYEE AWARDS Absent: NONE STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council Chaplain Don Phillips Police Department MAYOR PULIDO 20 Years of Service Pamela S. Collins Legal Secretary Police Department Candace Hughes Police Service Dispatcher Police Department Gloria A. Perez Police Service Officer Police Department Nancy L. Sovine Senior Office Assistant Police Department CITY COUNCIL MINUTES 224 AUGUST 4, 1997 25 Years of Service Robert Silverthorne Senior Police Officer Police Department 40 Years of Service Nickolas Godinez Construction Inspector Public Works Agency PRESENTATIONS Proclamation commending the Orange County Vector Control District on 50 years of service presented by COUNCILMEMBER McGUIGAN to Santa Ana Vector Control District representative William Boynton Overview of Fall `97 Recreation and Community Services Programs by Recreation and Community Services Executive Director Cleve Williams CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: I. Abstention on Items 22.H. and 23.C. by Mayor Pulido 2. Abstention on Item 25.C. by Mayor Pro Tem Richardson 3. Removal of Items 13.B., 23.A. and 3I.B. for separate action. Consent Motion Approve staff recommendations on the following Consent Calendar Items. MOTION: Richardson SECOND: McGuigan MOTION: SECOND: VOTE: AYES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: None licins removed for separare action are high::glued and slio%4 the acival Vote. lten'is withow votcs Here passed as part oftiie Consent %lotion. CITY COUNCIL MINUTES 225 AUGUST 4,1997 CONSENT CALENDAR ADMINISTRATIVE MATTERS MINUTES Motion: Approve Minutes. W.A. INCLUSION OF COUNCILMEMBER FRANKLIN'S COMMENTS IN THE JULY 7, 1997 MINUTES (See Minutes page 213) 10.13 REGULAR MEETING OF JULY 21, 1997 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT AS OF JULY 30, 1997 Motion: Instruct Clerk to enter report into the Minutes. Community Redevelopment/Housing Commission 2 Human Relations Commission 2 Library Board 3 Personnel 1 Private Industry Council 1 TOTAL 9 13 B APPQINTMEN Ms. McCracken opposed the following appointment and expressed concerns regarding the operations of the California Department of Rehabilitation and the City's Job Training Partnership Act (JTPA) program, Motion: Appoint. Sandra Fagan as the California Department of Rehabilitation representative to the Private Industry Council for partial term expiring February 1, 1998 (Replacing Tatum) MOTION: Richardson SECOND: McGuigan VOTE: AYES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: None FILE BC CITY COUNCIL MINUTES 226 AUGUST 4,1997 CONSENT CALENDAR CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The July 21, 1997 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:00 p.m. on July 16, 1997. 15.11. Revised Agenda Pages 7-8 and 11 were posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:30 p.m. on July 18, 1997. 15.C. Second revised Agenda Page 11 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 5:15 p.m. on July 18, 1997. MAYORAL PROCLAMATIONS Motion: Declare and instruct Clerk to enter proclamations into Minutes. 16.A. Recognizing Nextlink California's grand opening in Santa Ana on July 31, 1997 at 1924 Deere Avenue, Suite 110 163. Declaring August 13, 1997 as "Diversity Day" and commending the Santa Ana Office of Internal Revenue Service for encouraging awareness regarding the beauty and richness that cultural differences add to life 16.C. Declaring August 16, 1997 as "Airborne History Day" in commemoration of the first parachute "Jump Into History" by the United States Army Parachute Test Platoon MISCELLANEOUS - ADMINISTRATION 19.A. QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 1997 Motion: Receive and file. Quarterly Report of the City's Investments as of June 30, 1997 - Finance and Management Services FILE CA CITY COUNCIL MINUTES 227 AUGUST 4,1997 CONSENT CALENDAR BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. Motion: 1 Motion: APPROPRIATION ADJUSTMENT 98-008 - SEISMIC REHABILITATION OF SANTA ANA CIVIC CENTER STATE OFFICE BUILDING Approve appropriation adjustment. (Requires five affirmative votes) Accepting $88,500.00 from the sale of City property and appropriating same to the Capital Outlay Fund for improvements in the Civic Center - Finance and Management Services 2. Direct City Attorney to prepare and authorize City Manager and Clerk of the Council to execute agreement. SEISMIC REHABILITATION OF SANTA ANA CIVIC CENTER STATE OFFICE BUILDING - Memorandum of Understanding with State of California - Recreation and Community Services AGMT 97-080 3. Approve deed and authorize execution by City Manager and Clerk of the Council of all necessary documents. CIVIC CENTER AUTHORITY - Portions of City -owned properties, Assessor Parcels 008-067-37 through 42, required to facilitate the seismic rehabilitation of the Santa Ana Civic Center State Office Building in an amount not to exceed $88,500.00 - Public Works Agency DEED 7828 APPROPRIATION ADJUSTMENT 98-010 - IMAGE MATCHING TECHNOLOGY Approve appropriation adjustment. (Requires five affirmative votes) Accepting $250,041.00 of National Institute of Justice Technology funds and appropriating the same to the Algorithmic Image Matching Grant expenditure account for the development of image matching technology - Finance and Management Services 2. Direct the City Attorney to prepare and authorize the Mayor and Clerk of the Council to execute agreement. DEVELOPMENT OF IMAGE MATCHING TECHNOLOGY AND PURCHASE OF COMPUTER HARDWARE - With Pacer-Infotec in an amount not to exceed $233,769.00 - Police Department AGMT 97-081 CITY COUNCIL MINUTES 228 AUGUST 4,1997 CONSENT CALENDAR 20.C. APPROPRIATION ADJUSTMENT 98-011 - COMMUNITY CRIME RESISTANCE GRANT - THIRD YEAR FUNDING Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $100,000.00 in Community Crime Resistance Grant funds and transferring $25,000.00 from the Police Department's Field Operations accounts and appropriating the total of $125,000.00 to the Community Crime Resistance program- Finance and Management Services FILE CA 2. Adopt resohition. RESOLUTION 97-031 - A resolution of the City Council of the City of Santa Ana authorizing the Chief of Police to submit a grant award agreement to the Office of Criminal Justice Planning for continuation funding for the Minnie/Standard Community Policing Enhancement Program - Police Department FILE CA SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action 22.A. SUBSCRIPTION SERVICE - LIBRARY - To Information Access Company for a one-year renewal in the amount of $24,404.00 - Finance and Management Services SPEC 94-037 22.B. BODY ARMOR (BULLET PROOF) VESTS - Amendment to contract with Topline USA, Inc. for an additional $9,700.00 for a total amount not to exceed $19,700.00 - Finance and Management Services SPEC 94-089 22.C. ROCK, SAND AND AGGREGATE BASE MATERIAL - PUBLIC WORKS AGENCY - To West Coast Sand and Gravel for a one-year renewal in the estimated annual amount of $73,310.00 - Finance and Management Services SPEC 95-188 22.D. POLICE AMMUNITION - To San Diego Police Equipment Co., Inc. for a one- year renewal in the estimated annual amount of $16,950.00 - Finance and Management Services SPEC 96-046 22.E. ANNUAL HAZMAT (HAZARDOUS MATERIALS) PHYSICAL AND RESPIRATORY EXAMINATIONS - FIRE DEPARTMENT - PUBLIC WORKS AGENCY -To Pulmonary Consultants of Orange County for a 12-month period with provision for two 12-month renewals in the annual amount of $16,254.00 - Finance and Management Services SPEC 97-051 CITY COUNCIL MINUTES 229 AUGUST a, 1997 CONSENT CALENDAR 22.17. AUTOMOTIVE ELECTRICAL ITEMS - FLEET MAINTENANCE - To the following for a one-year period with provision for two one-year renewals in the estimated annual amounts as indicated - Finance and Management Services SPEC 97-053 22.G 22.H. Southern California Jobbers $22,190.00 Adamson Industries 18,170.00 Dealers Automotive 5,740.00 Pursuit 2,650.00 SAFETY SHOES - VARIOUS AGENCIES - To Red Wing Shoe Stores to increase existing contract by $3,500.00 for a total not to exceed $13,500.00 - Finance and Management Services SPEC 97-067 LANDSCAPE MAINTENANCE OF VARIOUS PUBLIC FACILITIES - To Midori Gardens for a two-year contract with provision for one three-year renewal in the estimated amount of $115,200.00 per year - Recreation and Community Services (Mayor Pulido abstained.) SPEC 97-071 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A LI,V1.ID STREET RFI IABILITA HON AM) STORM DRAIN CONSTRIXHON FRO. M. MCFADDEN "1'0WFSTMI\STER Councilmember McGuigan requested staff to inform the churches and schools in the Euclid Street area of the upcoming street construction project to permit them time to arrange alternative traffic patterns and implement other measures to mitigate construction impacts. Motion: Award bid in accordance with Request for Council Action. To Sequel Contractors, Inc. in the estimated amount of $1,547,900.00 with a total estimated construction cost of $1,923,000,00 - Public Works Agency PROJ 1586 MOTION: McGuigan VOTE: AYES NOES ABSENT: None CITY COUNCIL MINUTES SECOND: Lutz Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None 230 AUGUST 4,1997 TT CONSENT CALENDAR Motion: Award in accordance with Requests for Council Action. 23.13. JOHN GARTHE RESERVOIR SITE IMPROVEMENTS AND LANDSCAPING - Change Order 2; increasing in the estimated amount of $66,605.00 - Public Works Agency PROJ 3167 23.C. DEMOLITION SERVICES FOR VARIOUS STREET IMPROVEMENT PROJECTS - To American Demolition/Concrete Cutting, Inc. in the estimated amount of $84,340.00 with a total estimated demolition cost of $99,340.00 - Public Works Agency (Mayor Pulido abstained.) PROJ 7683/7626 9287/1440 23.D. SOIL DECONTAMINATION - OLD CITY YARD - Change Order 2 for soil and groundwater remediation, increasing contract in the amount of $110,000.00 - Public Works Agency PROJ 7992 Motion: Reject all bids and direct staff to re -bid project. 23.E. STREET TREE PLANTING - PARKWAY LOCATIONS CITYWIDE - Public Works Agency PROJ 7497-1 AGREEMENTS Motion: Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.A. LEASE - REGIONAL TRANSPORTATION CENTER - Amendment to agreement with International Tour Service and Tres Estrellas as joint tenants for a one-year extension in the monthly rental amount of $2,688.70 - Community Development Agency AGMT 97-082 25.13. JOINT PARTICIPATION AGREEMENT - DEVELOPMENT AND UTILIZATION OF RECLAIMED WATER - Amendment to agreement with Metropolitan Water District of Southern California, Coastal Municipal Water District, Municipal Water District of Orange County, and the Orange County Water District to redefine calculations used to reimburse project costs - Public Works Agency AGMT 97-083 25.C. OUTREACH SERVICES - With the Boys and Girls Club of Santa Ana in the amount of $50,000.00 - Recreation and Community Services (Mayor Pro Tern Richardson abstained.) AGMT 97-084 CITY COUNCIL MINUTES 231 AUGUST 4, 1997 CONSENT CALENDAR 25.D. CONSULTANT SERVICES FOR GENERAL PLAN AMENDMENT COMPREHENSIVE REVISION OF THE CITY'S GENERAL PLAN - With Blodgett Cunningham Associates in an amount not to exceed $88,870.00 - Planning and Building Agency AGMT 97-085 ENVIRONMENTAL IMPACT REPORT - CIRCULATION ELEMENT OF THE GENERAL PLAN - Amendment to agreement with Parsons, Brinckerhoff, Quade and Douglas in an amount not to exceed $19,469.00 - Planning and Building Agency AGMT 97-086 25.E. EMPLOYEE GROUP INSURANCE RENEWALS - Personnel Services With Standard Insurance Company - Long Term Disability insurance AGMT 97-087 With PacificCare Behavioral Health Inc. - Employee Assistance Program AGMT 97-088 With Kaiser Foundation Health Plan - Health Maintenance Organization Plan AGMT 97-089 With Health Net - Health Maintenance Organization Plan AGMT 97-090 With American Benefit Plan Administrators - Self -Funded Dental Plan AGMT 97-091 With Safeguard Dental Plan - Pre -paid Dental Plan AGMT 97-092 With Denticare - Pre -paid Dental Plan AGMT 97-093 LAND USE MATTERS CONDITIONAL USE PERMITSNARIANCES/PARKING WAIVERS Motion: Receive and file staff report and adopt findings as submitted by staff. 31.A. CUP 97-13 - 1515 E. First Street - Filed by Jose Meza to allow after -hour operations at El Comal Restaurant in the Community Commercial (C2) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CA T I CrrY COUNCIL MINUTES 232 AUGUST 4,1997 CONSENT CALENDAR 31.E CUP �7-14 - 1442 S. BRTSTOL STR) ET Planning and Building Agency Director Robyn Uptegraff responded to Councilmember Lutz concerns regarding the deadline for El Gallo Giro to complete landscaping and lighting improvements (90 days) and future enforcement of CUP 97-14 conditions. Motion: Receive and file staff report and adopt findings as submitted by staff. Filed by El Gallo Giro to allow after -hour operations in the Arterial Commercial (C5) zoning district - Planning and Building Agency Planning Commission Action: Approval MOTION: Lutz SECOND: Richardson VOTE: AYES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Richardson NOES: None ABSENT: None ABSTAIN: Pulido FILE CA * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR ORDINANCES FIRST READING 50.A. SPEED LIMIT - LINCOLN AVENUE Motion: I. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2329 - An ordinance of the City Council of the City of Santa Ana amending Section 36-254 of the Santa Ana Municipal Code regarding the speed limit on Lincoln Avenue - Public Works Agency MOTION: McGuigan SECOND: Franklin VOTE: AYES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: None FILE CA CITY COUNCIL MINUTES 233 AUGUST 4,1997 BUSINESS CALENDAR 50.13. APPROPRIATION ADJUSTMENT 98-12 - TRANSFER OF INOPERATIVE VEHICLE ABATEMENT PROGRAM Councilmember McGuigan commented that the City's neighborhood associations had long supported the transfer of inoperable vehicle abatement responsibility from the Police Department to Community Preservation and thanked staff for completing the necessary budget and ordinance changes to accomplish the transfer. Community activist Dave Lopez expressed his personal thanks to the neighborhood organizations and people who had supported this change in code enforcement for abandoned and inoperative vehicles. Robert L. Henson reported the Westend Community Oriented Policing (COP) group had formally voted in support of the program change. Motion: I. Place ordinance on first reading and authorize puhlication of title. ORDINANCE NS-2331 - An ordinance of the City of Santa Ana amending Article IV Chapter 16 of the Santa Ana Municipal Code to grant the Executive Director of the Planning and Building Agency and his or her designee the authority to administer and enforce the abatement of abandoned or inoperative vehicles - Planning and Building Agency 2. Adopt resoution. RESOLUTION 97-032 - A resolution of the City Council of the City of Santa Ana to amend the current annual budget to delete one vacant Senior Parking Control Officer position and one vacant Parking Control Officer position and add two Community Preservation Inspector positions - Personnel Services Approve appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT transferring $47,752.50 from the Police Department Budget to the Planning and Building Agency - Finance and Management Services MOTION: McGuigan VOTE: AYES NOES FILE CA SECOND: Franklin Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None FILE CA I CITY COUNCIL MINUTES 234 AUGUST 4,1997 PUBLIC HEARINGS 75.A. CITY COUNCIL/REDEVELOPMENT AGENCY - RENOVATION OF GRAND CENTRAL ART CENTER - 222 W. 2ND STREET Public hearing regarding a proposed Amendment to the City's 1997 Consolidated Plan and reallocation of Fiscal Year 96-97 Community Development Block Grant Program (CDBG) funds for the renovation of the Grand Central Art Center located on the south side of Second Street between Broadway and Sycamore Legal notice published in The Orange County Register on June 21, 1997 The Mayor opened the public hearing regarding the renovation of Grand Central Art Center at 7:05 p.m. Presentation of staff report and staff comments by Community Development Agency Project Manager Susan Helper Presentation of written communications by Clerk of the Council Janice C. Guy: None The following persons from California State University, Fullerton (CSUF) discussed various aspects of the proposed Art Center project and presented slides demonstrating project scope and samples of award -winning artwork created and exhibited by CSUF university students: Mike McGee Willie Hagan Dean Hess Darryl Curran Charlie Keeling Edgar Ulloa The following persons spoke in favor of the Grand Central Art Center Renovation Project: Randy Coleman Robert Balen John Nixon Matthew Cruz Arthur Strock Harriet Harris Randy An Michael Macres Henry Kaim There were no speakers in opposition to the Project. The Mayor closed the public hearing at 8:14 p.m. CITY COUNCIL MINUTES 235 AUGUST 4,1997 PUBLIC HEARINGS Motion: (Concurrent action with Community Redevelopment Agency) Approve appropriation adjustments. (Requires five affirmative votes) Transferring $750,000.00 from Community Development Block Grant Section 108 Holding Facility Loan Repayment Project to the Grand Central Building Project - Finance and Management Services APADJ 98-015 Recognizing $500,000.00 in unanticipated Urban Development Action Grant (UDAG) repayment revenue and appropriating same to Grand Central Building Project - Finance and Management Service APADJ 98-014 2. Direct the City Attorney to prepare and authorize the Mayor and Clerk of the Council to execute agreement. COOPERATIVE AGREEMENT FOR RENOVATION OF GRAND CENTRAL ARTS CENTER - With the Community Redevelopment Agency of the City of Santa Ana - Community Development Agency AGMT 97-094 3. Award in accordance with Request for Council Action. RENOVATION OF GRAND CENTRAL BUILDING - 222 W. SECOND STREET - To Southwest Engineering in the estimated amount of $3,744,335.00 - Public Works Agency PROJ 7697 4. Approve. Funding analysis with a total estimated construction cost of $4,640,3 3 5.00 - Public Works Agency MOTION: Pulido SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: Espinoza, Moreno ABSENT: None FILE CA COUNCIL RECESS - 9:02 P.M. - 9:28 P.M. (The Community Redevelopment Agency met from 9:23 P.M to 9:28 P.M.) CITY COUNCIL MINUTES 236 AUGUST 4,1997 PUBLIC HEARINGS 75.B. FY 96-97 WEED ABATEMENT REPORT Public hearing to confirm the FY 96-97 Weed Abatement Report and authorize transmittal of uncollected weed abatement charges to the County of Orange Office of Auditor -Controller Legal Notice mailed on July 25, 1997 The Mayor opened the public hearing regarding the FY 96-97 Weed Abatement Report at 9:28 p.m. Presentation of staff report and comments by Public Works Agency Maintenance Services Manager Paul Emery Presentation of written communications by Clerk of the Council Janice C. Guy: I Fax received August 4, 1997 from Robert Green requesting a continuation of the assessment against A.P. 405-272-15 There were no speakers on the matter. The Mayor closed the public hearing at 9:30 p.m. Motion: Amend resolution by deleting assessment for A.P. 405-272-I5; and adopt. RESOLUTION 97-033 - A resolution of the City of Santa Ana overruling objections to and confirming the report of the Executive Director of Public Works Agency pertaining to the costs of weed, rubbish and garbage abatement; making, confirming and levying assessments for such costs; and ordering a copy thereof to be filed with the County Auditor, Assessor and Tax Collector - Public Works Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Espinoza SECOND: Lutz Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None FILE ABATE CITY COUNCIL MINUTES 237 AUGUST 4,1997 PUBLIC HEARINGS 75.C. FY 96-97 ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS REPORT Hearing for the purpose of confirming the FY 96-97 Dangerous and Abandoned Building Program Report and authorizing the transmittal of uncollected charges for dangerous and abandoned building to the County of Orange Office of Auditor -Controller Legal Notice mailed on July 25, 1997 The Mayor opened the public hearing regarding the FY 96-97 Abatement of Dangerous and Abandoned Buildings at 9:31 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 Kimberly Thu Nguyen contested the assessment levied against A.P. 008-093-12. There were no other speakers on the matter. The Mayor closed the public hearing at 9:34 p.m. Motion: Amend resohition by deleting assessment for A.P. 008-093-I2; and adopt. RESOLUTION 97-034 - A resolution of the City of Santa Ana overruling objections to and confirming the report of the Executive Director of Planning and Building Agency pertaining to the costs of securing and demolition of various structures declared to be public nuisances; making, confirming and levying assessments for such costs; and ordering a copy thereof to be filed with the County Auditor, Assessor and Tax Collector - Planning and Building Agency MOTION: Richardson VOTE: ABSENT: SECOND: Franklin AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None Espinoza, Moreno FILE ABATE CITY COUNCIL MINUTES 238 AUGUST 4,1997 PUBLIC HEARINGS 75.D. FY 96-97 SOLID WASTE COLLECTION REPORT Public hearing to confirm the FY 96-97 Solid Waste Collection Service Charges Report and authorize transmittal of uncollected service charges for solid waste to the County of Orange Office of Auditor -Controller Legal Notice mailed on July 25, 1997 The Mayor opened the public hearing regarding the FY 96-97 Solid Waste Collection Report at 9:35 p.m. Presentation of staff report and comments by Finance and Management Services Executive Director Rod Coloma Presentation of written communications by Clerk of the Council Janice C. Guy: None Ben Aames contested the assessment levied against A.P. 890-801-11. There were no other speakers on the matter. The Mayor closed the public hearing at 9:39 p.m. Motion: Amend resolution by deleting assessment for A.P. 890-801-11; and adopt. RESOLUTION 97- 035 - A resolution of the City Council of the City of Santa Ana overruling objections to and confirming the report of the Executive Director of Finance and Management Services pertaining to uncollected solid waste collection service charges: making, confirming and levying assessments for such uncollected charges; and ordering a copy thereof to be filed with the County Auditor, Assessor and Tax Collector - Finance and Management Services MOTION: McGuigan SECOND: Richardson VOTE: ABSENT: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None Espinoza, Moreno FILE CA CITY COUNCIL MINUTES 239 AUGUST 4,1997 PUBLIC HEARINGS 75.E.1. CONDEMNATION OF PROPERTIES - BRISTOL STREET WIDENING - 1300 AND 1306 W. EDINGER Public hearing to consider condemnation of properties located on West Edinger Avenue and Bristol Street for the widening of Bristol Street between Edinger Avenue and St. Andrew Place and to declare the public necessity of the action Legal Notice mailed to property owners on July 17, 1997 The Mayor opened the public hearing regarding the properties located at 1300 and 1306 West Edinger at 9:39 p.m. Presentation of staff report and comments by Public Works Agency Executive Director Jim Ross 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 9:42 p.m. Motion: Adopt resolutions. RESOLUTION 97-036 - 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 at 1300 West Edinger Avenue, Santa Ana for street widening purposes and authorizing and directing condemnation thereof - Public Works Agency RESOLUTION 97-037 - 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 a portion of certain real property at 1306 West Edinger Avenue, Santa Ana for street widening purposes and authorizing and directing condemnation thereof - Public Works Agency MOTION: Richardson VOTE: ABSENT: SECOND: Lutz AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None Espinoza, Moreno FILE CA CITY COUNCIL MINUTES 240 AUGUST 4,1997 PUBLIC HEARINGS 75.E.2. CONDEMNATION OF PROPERTIES - BRISTOL STREET WIDENING 1622 S. BRISTOL STREET The Mayor opened the public hearing regarding the condemnation of property located at 1622 S. Bristol at 9:43 p.m. Presentation of staff report and comments by Public Works Agency Executive Director Jim Ross 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 9:45 p.m. Motion: Adopt resoGdion. RESOLUTION 97-038 - 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 a portion of certain real property at 1622 South Bristol Street, Santa Ana for street widening purposes and authorizing and directing condemnation thereof - Public Works Agency MOTION: Richardson SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSENT: Espinoza ABSTAIN: Moreno RECESSED TO HOUSING AUTHORITY - 9:47 P.M. RECONVENED - 9:48 P.M. - All Councilmembers present. COMMENTS 90.A. PUBLIC COMMENTS FILE CA Steve Ellis expressed reservations regarding Council's decision to allocate funds to the Grand Central Art Center project rather than to infrastructure improvements. CITY COUNCIL MINUTES 241 AUGUST 4, 1997 COMMENTS Ms. McCracken complained that the City's JTPA program's office equipment was under- utilized and that its job application form does not advise participants they are not required to provide a SSN (Social Security No). She also requested help from the Council in obtaining a letter from the Community Development Agency Executive Director by Wednesday morning to allow her to participate in the JTPA program. Tim Rush and Victoria Bettencourt reported sub -lease negotiations between the Orange County Crazies and Pacific Symphony for property leased by the City to the Symphony were at a stalemate and requested the Council intercede. Sandra Thrower commented that the vehicle abatement program transfer (See Minutes page 234) constituted a milestone in cooperation between the Riverview West Neighborhood and the City, and thanked Dave Lopez for his advocacy efforts. She also admonished the Council - members on their lack of civility toward each other during Council meetings and urged them to concentrate on important issues. Robert Henson opined completion of the Riverview West Marketplace at Harbor Boulevard and McFadden would further exacerbate vehicle entry problems from Kent onto Harbor and asked Council to address this traffic safety hazard. At Councilmember McGuigan's request, the Mayor asked the Public Works Agency to evaluate the intersection. Desi Reyes noted the City's allocation of funds to capital projects had decreased from $54/resident last year to $40/resident this year and suggested Council place a measure on the ballot asking voters to approve the issuance of bonds to increase funding for street improvements. 90.13. CITY COUNCIL COMMENTS Councilmember Moreno: - requested increased Police enforcement against gang member break-ins at Custom - Auto Service on French Street; - reported he could provide a description of the vehicle involved in a recent Loper Gang shooting in his neighborhood; - asked for the telephone number of the Los Angeles Immigration and Naturalization Services (INS) Director following Planning and Building Agency Executive Director Robyn Uptegraff's report that INS had not yet submitted documents for plan check; and T suggested the Council adopt an ordinance requiring supermarkets and businesses to retain discarded meat products inside their facilities until trash pick-up day. CITY COUNCIL MINUTES 242 AUGUST 4,1997 COMMENTS Mayor Pulido asked the City Attorney to research the foregoing matter with Code Enforce- ment's assistance. Councilmember Espinoza commended the Riverview West Neighborhood for its leadership regarding the transfer of abandoned vehicle abatement to Community Preservation. Mayor Pro Tem Richardson: - noted a recent article in the Los Angeles Times had highlighted the Wilshire Square neighborhood - asked staff to provide the timeline for completing its review of pay phones in the public right-of-way and reported two new pay phones in residential yards on Broadway; - requested staff investigate a complaint from a N. Ross Street resident regarding adjacent apartment building dwellers dumping debris in the resident's yard, and - enumerated the issues for discussion at upcoming Council Study Sessions in August, September, and October. Councilmember McGuigan: - asked City Attorney Joe Fletcher if he were aware of any cities providing incentives to landscapers who used "leaf vacuums" as opposed to "leaf blowers" (the City Attorney indicated he would investigate); - complimented the Republic Homes Association on its recent ice cream social event and presented the Mayor with a plaque expressing the Association's appreciation to the City that she had accepted on his behalf; and - noted several upcoming weekend car shows -- the August 9 Police and Fire Vehicle Show at MainPlace between 10:00 a.m. and 4:00 p.m., August 16 Antique and Classic Car Show at Portola Park between 9:00 a.m. and 2:00 p.m., and September 6 Cops for Kids Custom Car Show at the Santa Ana Stadium between 10:00 a.m. and 4:00 p.m. Councilmember Lutz: - reported his attendance at the grand opening of a new Santa Ana business -- Nextlink, a telecommunications firm on Deere Street with over 80 employees; and - inquired as to what the Council might do to assist the Orange County Crazies and the Pacific Symphony resolve their lease agreement impasse, and asked Community Development Executive Director Cindy Nelson to investigate and report. CITY COUNCIL MINUTES 243 AUGUST A, 1997 h COMMENTS Councilmember Franklin: - asked Public Works Agency staff to investigate Ellis' complaint (See Minutes page 241) regarding the pothole at the intersection of Olive and 19'" Streets; - echoed Councilmember McGuigan's compliments regarding the Republic Homes Association's ice cream social and noted the funds to finance the event had been raised by sale of recycled items; - expressed his appreciation to Recreation and Community Services for the ongoing improvements at Alona and Santiago Parks; - noted the Euclid Street rehabilitation project included 125 new street trees and encouraged new planting to be continued; - reported he had heard a Crevier BMW ad on radio station KFI and hoped sales at the Santa Ana Auto Mall would increase; and - suggested the City Manager meet with the "Crazies" and the Pacific Symphony once more to work out lease agreement difficulties. Mayor Pulido: - suggested the City Attorney also review the foregoing lease issue; - reported Santa Ana is one of 35 cities in the United States eligible for North American Free Trade Act (NAFTA) job loss loans and opined local businesses could benefit through use of this economic development tool; - announced Attorney General Janet Reno was scheduled to visit Santa Ana next week; - thanked California State University, Fullerton for its participation in the Grand Central Art Center project; - indicated staff was tracking Assembly Bill 712, legislation designed to provide funds for school improvements, and that he would report to Council as soon as the State budget was approved; and - encouraged staff to begin preliminary work on infrastructure projects that could qualify for State funding since additional monies would be available next year as a result of California's improved economy and more capital on hand (due to an early pay-off of a large loan from the Public Employees Retirement Fund). CITY COUNCIL MINUTES 244 AUGUST 4,1997 RECESSED TO CLOSED SESSION - ROOM 147 - 10:35 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 August 4, 1997 Council meeting. 95.A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiator: Kathie Romero Employee Organization: Police Officers Association 95.13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) City of Santa Ana v. Bank of America, et al Case No. 968-484 95.C. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 CLOSED SESSION REPORT - COUNCIL CHAMBERS - 11:12 P.M. - All Councilmembers present except Councilmembers Espinoza and Moreno Motion: Ratify filing of the following law suit. 95.13. City of Santa Ana v. Bank of America, et al Case No. 968-484 MOTION: McGuigan SECOND: Richardson VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSENT: Espinoza, Moreno ADJOURNMENT- 11:12 P.M. Janice C. Guy U Clerk of the Council CITY COUNCIL MINUTES 245 AUGUST 4, 1997