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Home My WebLink About08-17-1998MINUTES OF THE REGUEAR MEETING OF THE CITY COUNCIl. OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 17, 1998 At 6:00 P.M. in the Council Chambers, 22 Civic Center Plaza, Deputy Clerk of the Council Maria Ruano announced the City Council would meet in the Community Room of the Police Administration Building to conduct regular business and a Work Study Session. She declared the City Council meeting adjourned to the Santa Ana Police Community Room, 60 Civic Center Plaza, to convene at 6:15 P.M. or as soon as possible thereafter. CALL TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:19 P.M. ATTENDANCE COUNC1LMEMBERS present: MIGUEL A. PULIDO, Mayor TONY ESPINOZA (6:52 P.M.) BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO (6.'23 P.M.) Absent: ROBERT L. RICHARDSON, Mayor Pro Tem STAFF present: DAVID N. REAM, Cit.;, Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE CONSENT CALENDAR The Mayor announced the following modification to the Consent Calendar: - Removal of Item 25.C. for separate action Consent Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Franklin SECOND: Lutz CITY COUNCIL MINUTES 231 AUGUST 17, 1998 CONSENTCALENDAR VOTE: AYES: Franklin, Lutz, McGuigan, Pulido NOES: Nonc ABSENT: Espinoza, Moreno, Richardson MINUTES Motion: 10.A. Note: ADMINISTRATIVE MATTERS Approve Min utes. REGULAR MEETING OF AUGUST 3, 1998 Approved City Council minutes are avai&ble at the following website address: http.'//www, ci. santa-ana, ca. us/cda/calendar/clerkpage, htm 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. ll.A. PUSHCART VENDOR REGULATIONS (Placed on first reading on August 3, 1998 by a 5/0 vote with Espinoza and Pulido absent) Published in the Oran<e County Reporter on August 7, 1998 ORDINANCE NS-2366 - An ordinance of the City Council of the City of Santa Ana amending the regulations for the operation of pushcarts in the Downtown District - Planning and Building Agency FILE CA BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - AUGUST 12, 1998 Motion: Instruct Clerk to enter report into the Minutes. CITY COUNCIL MINUTES 232 AUGUST 17, 1998 CONSENTCALENDAR Board Vacancies Community Redevelopment/Housing Commission 2 Human Relations Commission 2 Library Board 2 TOTAL 6 CLERK OF THE COUNCIL POSTING REPORT 15.A. The August 3, 1998 City Council Agenda was postcd on the door of the Council Chambers, 22 Civic Center Plaza, at 2:00 p.m. on July 30,1998. 15.B. The Closed Session Agenda and revised Agenda pages for thc August 3, 1998 City Council meeting were posted on thc door of the Council Chambers, 22 Civic Center Plaza, at 5:00 p.m. on July 31, 1998. MISCELLANEOUS ADMINISTRATIVE 19.A. EXCUSED ABSENCE Motion: Approve. Excused absence of Mayor Pulido from thc August 3, 1998 Council meeting BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A. FIRE TRUCK SUSPENSION MODIFICATION - To Hi-Tech Emergency Vehicle Service, Inc., as a sole source facility, in the estimated amount of $15,010.20 - Finance and Management Services SPEC 98-031 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Requests for Council Action. 23.A. STORM DRAIN IMPROVEMENTS - PENN WAY, SANTIAGO STREET AND WASHINGTON AVENUE - To Simich Construction Company in the estimated amount of $478,595.00 with a total estimated construction cost of $602,600.00 - Public Works Agency PROJ 1594 CITY COUNCIL MINUTES 233 AUGUST 17, 1998 CONSENTCALENDAR 23.B. SANTA ANA BOULEVARD REHABILITATION AND WATER MAIN IMPROVEMENTS: FRENCH STREET TO FLOWER STREET - To All American Asphalt in accordance with unit bid prices for Base Bid, Schedule B and Alternate 1 in the estimated amount of $676,268.50 with a total estimated construction cost of $845,000.00 - Public Works Agency PROJ 2198B/3166 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.A. COOPERATIVE AGREEMENT FOR CONSTRUCTION OF STORM DRAIN IN EASTSIDE AVENUE - With the State of California Department of Transportation - Public Works Agency AGMT 98-111 25.B. REAL ESTATE RELOCATION SERVICES - With Pacific Relocation Consultants in an amount not to exceed $250,000.00 - Public Works Agency AGMT 98-112 25.C. FIRST AMERICAN FINANCIAL PROJECT - MACARTHUR PLACE In response to Councilmember Franklin's inquiry, City Manager David Ream indicated that after Council's approval of the project, the traffic circulation plan had bcen revised necessitating an amendment to the original implementation agrecment. Motion: Authorize the City' Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. MACARTHUR PLACE IMPLEMENTATION AGREEMENT AMENDMENT - With First American Financial Corporation - Public Works Agency AGMT 98-113 MOTION: Franklin SECOND: McGuigan VOTE: AYES: Franklin, Lutz, McGuigan, Pulido NOES: None ABSENT: Espinoza, Moreno, Richardson 25.D. Motion: TRAFFIC SYSTEMS MANAGEMENT PROJECT REIMBURSEMENT Adopt resolntion. CITY COUNCIL MINUTES 234 AUGUST 17, 1998 CONSENT CALENDAR 25.E. Motion: RESOLUTION 98-046 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director o£the Public Works Agency to enter into an agreement with the State of California, Department of Transportation (CALTRANS), for state funding of projects under FY 1997-1998 Traffic System Management Program - Public Works Agency FILE CA VEHICULAR ACCESS - STANDARD MOBILE HOME PARK Authorize the Ci0, Attorney to prepare and the May, or and Clerk of the Council to execute agreement. CONFIRMATION OF LEGAL ACCESS - 1527 S. STANDARD - With Newport Pacific Upland Cascade Limited - Public Works Agency AGMT 98-114 ***END OF CONSENT CALENDAR*** PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION 98-09 - 2040 SOUTH CYPRESS FILED BY BENJAMIN MENDOZA AMENDMENT APPLICATION 98-09 to rezone property from Medium Density Multiple Family Residential to Single-Family Residential-parking (R1-B) and allow vehicles to park on a vacant parcel of land at Kelly's Body Shop Recommended for approval by the Planning Commission on July 13, 1998 by a 7/0 vote Public hearing closed August 3, 1998 Glen Stroud opposed the proposed rezoning, objecting to the use of a vacant lot for vehicle storage in a residential neighborhood. Motion: Continue Ameudment Application 98-09 to October 19, 1998; instruct staff to abate improperly stored vehicles at 2040 S. Cypress. (Ordinance No. NS-2365) MOTION: Franklin SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Pulido NOES: None ABSENT: Espinoza, Moreno, Richardson FILE CA CITY COUNCIL MINUTES 235 AUGUST 17, 1998 PUBLIC HEARINGS 75.B. EMINENT DOMAIN ACQUISITION - BILLBOARDS (2) - BRISTOL STREET WIDENING Public hearing to consider condemnation of billboards at 1111 and 1420 S. Bristol Street for the widening of Bristol Street between McFadden Avenue and St. Andrew Place and to declare thc public necessity of the action Legal Notice mailed to property owners on July 16, 1998 Motion: Continue public hearing to September 8, 1998 Council meeting. (Resolution No. 98-039 and 9&040) MOTION: McGuigan SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Pulido NOES: None ABSENT: Espinoza, Moreno, Richardson FILE CA RESOLUTIONS 55.A. REPLACEMENT HOUSING PLAN - COOPERATION AGREEMENT - CONTRACT AWARD FOR DEMOLITION - 435-437 S. BIRCH (See also August 17, 1998 Community Redevelopment Agency minutes.) Motion: 1. Adopt resolution. RESOLUTION 98-047 - A resolution of the City Council of the City of Santa Ana approving a Replacement Housing Plan for 435-437 S. Birch Street - Community Development Agency 2. Authorize. Community Development Agency Executive Director to execute a Cooperation Agreement relating to the financing and development of affordable housing at 435-437 S. Birch St MOTION: McGuigan VOTE: ABSENT: SECOND: Lutz AYES: Franklin, Lutz, McGuigan, Pulido NOES: None Espinoza, Moreno, Pulido FILE CA CITY COUNCIl, MINUTES 236 AUGUST 17, 1998 RECESSED - 6:31 P.M. - TO SANTA ANA FINANCING AUTHORITY FOLLOWED IMMEDIATELY BY COMMUNITY REDEVELOPMENT AGENCY RECONVENED - 6:35 P.M. - All Councihnembers present except Espinoza and Pulido WORK STUDY SESSION DYER ROAD WELL FIELD AGREEMENT Public Works Agency Executive Director Jim Ross introduced Orange County Water District General Manager Bill Mills who recapped his July 20 presentation about the Dyer Road Well Field (DRWF) and reiterated the objectives of Amendment No. 3 to the DRWF agreement: Increase production from the deep colored water aquifer in order to reduce the potential for upward migration of colored water into the principal aquifer. Bring lrvine Ranch Water District's (IRWD) groundwater production closer to the level of other mcmbers of OCWD. Mills reviewed charts showing the location of existing wells, aquifers and possible sites for colored water pumping development in the Orange County basin. He also responded to Council questions raised at the July 20 meeting, indicating a 20¢ per month increase could be anticipated by Santa Ana residential water users if the amendment were approved, and outlined the consequences of not pumping colored water (colored water invasion in City wells, sea water intrusion, and ultimately, higher costs for all basin producers.) Councilmembers raised additional issues regarding the proposed amendment including but not limited to: changing the ratios of deep water pumping, physical appearance and configuration of well sites, the process used to "clean" colored water, and impacts of increased water discharge on the Orange County Sanitary Districts system. Councilmember Espinoza joined the meeting at 6:52 P.M. Representatives from the following water districts commented briefly on technical aspects of their operations: Diana Leach, Mesa Consolidated Water District Ron Young, Irvine Ranch Water District Jeffrey Renna, Huntington Beach Water District RECESS - 7:03-7:18 P.M. In response to Councilmember McGuigan's inquiry, Public Works Agency Executive Director Jim Ross indicated the Council would be requested to take action on the amendment at the September 8, 1998 City Council meeting. Councilmember Moreno left the meeting at 7:28 p.m. CITY COUNCIL MINUTES 237 AUGUST 17, 1998 WORK STUDY SESSION WS.B. CITY OF SANTA ANA WEB SITE Personnel Services Academy Coordinator Gerardo Mouet introduced Dev Dugal, a student intern from Cai Poly Pomona, who was assisting in the development of the City's web site. Together they demonstrated a prototype of the site that provided information regarding the Mayor and City Council, City activities and progrmns, historical and factual data about Santa Aha, and descriptions of City agencies. Mouet outlined key concepts for the project such as: (1) use of a consistent color scheme and theme throughout the site, (2) "frames" to simplify searching among pages, (3) need for the site to be "user friendly," and (4) a conservative yet sufficiently dynamic approach to encourage return visits to the site. He indicated the web site is expected to be fully operational by January 1, 1999, and responded to Councihnember questions regarding site maintenance, interactive functions, and measuring the site's activity. Mayor Pulido suggested Santa Ana's "home page" should indicate Santa Aha as the "Capital of Orange County." Santa Ana resident Miles Leach opined the first "button" on the "home page" should be the City Charter since it is the City's Constitution. WS.C. ELECTRIC INDUSTRY RESTRUCTURING Administrative Services Manager Teri Cable presented an overview of the electrical industry restructuring (de-regulation) effective as of March 31, 1998, that allows customers to choose their energy service provider. She explained the City was currently exploring its alternatives which include remaining with Southern California Edison, choosing a new provider or joining an aggregation group that would negotiate rates with providers. Cable reported the City had formed an Electrical Restructuring Committee of representatives from thc more heavily impacted City agencies and hired XENERGY, INC. to prepare a Strategic Energy Plan. She then introduced XENERGY Senior Consultant John Van Noord who discussed the City's energy profile (796 separate accounts totaling $5.5 million in costs for 1997) and the firm's findings regarding accounting and rate issues, energy efficiency, and energy management. Van Noord pointed out opportunities to save money such as changing to a "summary" billing for multiple accounts, introducing more energy efficient operations and management, reducing steam and chilled water costs, and purchasing electricity in the restructured market. Cable reviewed the "next steps" which include implementing procedural recommendations in respective agencies, reviewing areas that require additional evaluation, seeking bids for the purchase of power, and forwarding cost estimates and implementation recommendations to the City Council. CITY COUNCIL MINUTES 238 AUGUST 17, 1998 WORK STUDY SESSION Southern California Edison Region Manager Anthony Aguilar commented that Edison basically agreed with the report presented by Cable and looked forward to working with City staff members as the City examines its energy options. He also expressed Edison's desire to continue to serve as thc City's energy provider. COMMENTS 90.A. PUBLIC COMMENTS Miles Leach reported at the August 3 Council meeting 28 speakers had opposed the installation of medians on 17'h Street and 2 had spoken in favor, and that the Council in approving the median project had not acted as good representatives. 90.B. CITY COUNCIL COMMENTS Councilmember Lutz reported meeting with the City Attorney regarding the shopping cart issue and commented that new State legislation will soon allow cities to abate abandoned shopping carts. Councilmember McGuigan: reported an abandoned shopping cart at 200 S. Cooper; and congratulated Recreation and Community Services Agency Community Events Coordinator Donna Schultze and staff for a job %vell done" on the successful 23rd Annual Antique & Classic Car Show. Councilmember Franklin: commended staff on the excellent web-site prescntation; and thanked Recreation and Community Services Agency Director Cleve Williams for replacing the hay bales at the Santiago Park archery field. Councilmember Espinoza left the meeting at 8:53 P.M. CLOSED SESSION - 8:53 P.M.-9:18 P.M. The Brown Act permits the City Council to discuss certain matturs 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 17, 1998 Council meeting. 95.A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 and Charter Section 705 City Attorney Annual Performance Revicw CITY COUNCIL MINUTES 239 AUGUST 17, 1998 CLOSED SESSION 95.B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9 (a) Community Redevelopment Agency v. Nikolic OCSC Case No. 788572 CLOSED SESSION REPORT No action was taken out of Closed Session by the City Council. (See Community Redevelopment Agency Minutes.) ADJOURNMENT- 9:18 P.M. '~a(~ic¢ C. Guy Clerk oCthe Council CITY COUNCIL MINUTES 240 AUGUST 17, 1998