HomeMy WebLinkAbout09-20-1999MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 20, 1999
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 for a Work Study Session and 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.
CALLED TO ORDER
POLICE COMMUNITY ROOM
60 CiViC CENTER PLAZA
6:16 P.M.
ATTENDANCE
COUNCILMEMBERS present:
MIGUEL A. PULIDO, Mayor
TOM LUTZ, Mayor Pro Tern
LISA BIST
ALBERTA CHRISTY
BRETT FRANKLIN
PATRICIA A. McGUIGAN
TED MORENO
Absent:
None
STAFF present:
DAVID N. REAM, City Manager
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
PLEDGE OF ALLEGIANCE
MAYOR PULIDO
CONSENT CALENDAR
The Clerk of the Council noted for the record that a bid received from ABE Liquidators that
was inadvertently omitted from the staff report for Item 25.G. did not change the
recommended action.
CITY COUNCIL MINUTES
303
SEPTEMBER 20, 1999
Consent
Motion:
CONSENT CALENDAR
Approve staff recommendations on the following Consent
Calendar items.
MOTION: Bist
VOTE: AYES:
NOES:
ABSENT:
NOT VOTING:
SECOND: Franklin
Bist, Christy, Franklin, Lutz, McGuigan, Pulido
None
None
Moreno
MINUTES
Motion:
10.A.
10.B.
ADMINISTRATIVE MATTERS
Approve minutes.
ADJOURNED REGULAR MEETING OF SEPTEMBER 7, 1999
REGULAR MEETING OF SEPTEMBER 7, 1999
Note: City Council Minutes are available at the following website:
www.ci.santa-ana.ca.us
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.
(Placed on first reading on September 7, 1999 by a 7/0 vote)
Published in the Oranqe County Reporter on September 10, 1999
Motion: Place ordinances on second reading and adopt.
CITY COUNCIL MINUTES 304 SEPTEMBER 20, 1999
CONSENT CALENDAR
11.A.
11.B.
11.C.
11.D.
11.E.
Motion:
ESTABLISHMENT OF YOUTH COMMISSION
ORDINANCE NS~2403 - An ordinance of the City of Santa Ana
establishing the Santa Ana Youth Commission - Recreation and
Community Services
ZONING ORDINANCE AMENDMENT 99-08 - PARKING REQUIRE-
MENTS FOR MANUFACTURING FACILITIES
ORDINANCE NS-2404 - An Ordinance of the City Council of the City of
Santa Ana amending Chapter 41 of the Santa Ana Municipal Code to
delete a portion of Section 41-478 to make it consistent with Section 41-
1390 regarding parking of manufacturing facilities - Planning and
Building Agency
Adopt resolutions.
VARIANCE 99-05 - FREESTANDING SIGN - 401 N. GRAND AVENUE
(Denied on September 7, 1999 by a 6/0 vote with Moreno abstaining)
RESOLUTION 1999-059 - A resolution of the City Council of the City of
Santa Ana denying Variance No. 99-05, seeking relief from certain
provisions of the Sign Code related to overall height, lineal footage and
sign area of a monument sign located at 401 North Grand Avenue -
Planning and Building Agency
VARIANCE 99-06 - FREESTANDING SIGN - 3301 S. BRISTOL
(Denied on September 7, 1999 by a 7/0 vote)
RESOLUTION 1999-060 - A resolution of the City Council of the City of
Santa Ana denying Variance No. 99-06, seeking relief from certain
provisions of the Sign Code related to overall height, lineal footage and
sign area of a monument sign located at 3301 South Bristol - Planning
and Building Agency
VARIANCE 99-07 - FREESTANDING SIGN - 4505 W. FIRST STREET
(Denied on September 7, 1999 by a 7/0 vote)
RESOLUTION 1999-061 - A resolution of the City Council of the City of
Santa Ana denying Variance No. 99-07, seeking relief from certain
provisions of the Sign Code related to overall height, lineal footage and
sign area of a monument sign located at 4505 West First Street -
Planning and Building Agency
CITY COUNCIL MINUTES 305 SEPTEMBER 20, 1999
CONSENT CALENDAR
BOARDS/COMMISSIONS/COMMITTEES
13.A.
VACANCY REPORT - SEPTEMBER 15, 1999
Motion: Instruct Clerk to enter report into the Minutes.
Boards/Commissions
Cable Advisory Television Board 1
Community RedevelopmentJHousing Commission 1
Environmental and Transportation Advisory Committee 1
Human Relations Commission 2
Library Board 2
Private Industry Council 2_
TOTAL 9
Vacancies
CLERK OF THE COUNCIL POSTING REPORT
The following notices were posted pursuant to the Brown Act and the Maddy Act.
Council Agendas and Board and Commission resignations are posted on the door
of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the
door of City Hall at 20 Civic Center Plaza.
Motion: Instruct Clerk to enter postings into the Minutes.
15.A.
15.B.
15.C.
15.D.
Council Meeting Meeting Date Time
Agendas Date Posted Posted
City Council Agenda 09/07/99 09/01/99 3:30 p,m.
City Council Closed Session 09/07/99 09/03/99 3:15 p,m.
Agenda
Supplemental Agenda
Notice of Adjournment
09/07/99 09/03/99 3:15 p,m.
09/07/99 09/08/99 3:30 p,m.
15.E.
15.F.
15.G.
Council Committee
Agendas
Planning, Building and
Development Services
Youth Alternatives
Public Safety
Meeting Date Time
Date Posted Posted
09/13/99 09/10/99 2:15 p.m.
09/15/99 09/10/99 5:15 p.m.
09/20/99 09/14/99 5:15 p.m.
15.H.
Board and Commission Effective
Resiqnations Date
Joseph H. Vielma 09/14/99
Human Relations Commission
Date Time
Posted Posted
09/14/99 5:15 p.m.
CITY COUNCIL MINUTES 306 SEPTEMBER 20, 1999
CONSENT CALENDAR
MAYORAL PROCLAMATIONS
Motion: Declare and instruct Clerk to enter proclamations into the
Minutes.
16.A.
16.B.
16.C.
16.D.
16.E.
Honoree Date
Taller San Jose "Light Up a Life" Celebration 09/11/99
California State University Fullerton 40th Anniversary 09/16/99
Daughters of American Revolution Constitution Week 09/17/99
Sam and Rose Perrino 70th Wedding Anniversary 09/17/99
Mater Dei High School Phase IA Completion 09/19/99
MISCELLANEOUS ADMINISTRATION
19.A. CLOSED SESSION REPORT
No decisions were reported out of Closed Session.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A.
LIBRARY'S YOUNG ADULT COLLECTION
Motion: Approve appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT 2000-026 recognizing $20,000.00 in
Federal Library Services and Technology Act funds from a Youth
Services Materials Grant Award and appropriating same to increase the
Library's Young Adult Collection - Finance and Management Services
GRANTS
21.A.
COMBINED TRANSPORTATION FUNDING PROGRAMS
Motion: Adopt resolution.
RESOLUTION 1999-062 - A resolution of the City Council of the City of
Santa Ana approving the submittal of the Bristol Street and Memory
Lane Bridge Widening Improvement Projects to the Orange County
Transportation Authority for funding under the Regional Surface
Transportation Program - Public Works Agency
CITY COUNCIL MINUTES 307 SEPTEMBER 20, 1999
CONSENT CALENDAR
SPECIFICATIONS
Motion: Award in accordance with Request for Council Action.
22.A.
JANITORIAL SUPPLIES - To the following for a one-year renewal period
in the annual amounts indicated - Finance and Management Services
SPEC 1998-098
Waxie's Enterprises
Kathco Products
Maintex, Inc.
Unisource Maintenance
Supply Systems
$20,753.00
11,867.00
4,646.00
2,635.00
22.B.
PASSENGER VANS (2) - RECREATION AND COMMUNITY SERVICES
- To Wondries Chevrolet in the amount of $52,034.63 - Finance and
Management Services SPEC 1999-100
22.C.
TRAILER-MOUNTED ASPHALT OIL DISTRIBUTOR FLEET
MAINTENANCE - To Nixon-Egli Equipment Co. in the amount of
$23,953.90 - Finance and Management Services
SPEC 1999-101
22.D.
BRUSH CHIPPER DUMP TRUCK - FLEET MAINTENANCE - To
Western Truck Exchange in the amount of $62,601.92 - Finance and
Management Services SPEC 1999-102
22.E.
MOTORCYCLES (4) - POLICE DEPARTMENT - Pomona Valley
Kawasaki, Inc. in the amount of $39,359.68- Finance and Management
Services SPEC 1999-104
22.F.
HARDWARE AND SOFTWARE MAINTENANCE FOR LIBRARY
CIRCULATION SYSTEM - To Dynix, Inc. dba Ameritech Library Services
for a three-year period in the annual amount of $37,902.44 - Finance
and Management Services SPEC 1999-106
PROJECTS
Motion:
23.A.
Award in accordance with Request for Council Action.
HARBOR AND MACARTHUR BOULEVARD INTERSECTION
IMPROVEMENTS - Amendment to increase total contract with Sequel
Contractors by $59,356.00 to cover extra work - Public Works Agency
PROJ 1712
CITY COUNCIL MINUTES 308 SEPTEMBER 20, 1999
CONSENT CALENDAR
AGREEMENTS
Motion:
25.A.
25.B.
25.C.
25.D.
25.E.
25.F.
25.G.
Authorize the City Attorney to prepare and the Mayor and Clerk of
the Council to execute agreements.
OUTREACH SERVICES - With Boys and Girls Club of Santa Ana in the
amount of $50,000.00- Recreation and Community Services
AGMT 1999-155
TRAFFIC SYSTEM MAINTENANCE AND OPERATIONAL SUPPORT
SERVICES - With TransCore in an amount not to exceed $70,000.00 -
Public Works Agency AGMT 1999-156
CASE MANAGEMENT FOR PRIVATE INDUSTRY COUNCILS - With the
County of Orange for a one-year service agreement in an amount not to
exceed $15,000.00 - Community Development Agency
AGMT 1999-157
AMENDMENT - ENGINEERING SERVICES - OFF-SITE IMPROVE-
MENTS - MATER DEl HIGH SCHOOL EXPANSION PROJECT- With
RBF and Associates in the amount of $25,000.00 with total agreement
not to exceed $90,000.00 - Public Works Agency
AGMT 1999-158
SEXUAL ASSAULT EVIDENCE COLLECTION - With Martin Luther
Hospital in the amount of $700.00 per exam not to exceed $50,000.00
- Police Department AGMT 1999-159
DOCUMENT IMAGING SOFTWARE - With Compulink Management
Center, Inc. in an amount not to exceed $35,000.00 - Police
Department AGMT 1999-160
DISPOSAL OF FURNITURE AND EQUIPMENT - OLD CITY HALL
SPURGEON AND OTIS BUILDINGS - With South Coast Auction for a
lump sum fee of $12,700.00 - Planning and Building, and Public Works
Agencies AGMT 1999-161
***END OF CONSENT CALENDAR***
CITY COUNCIL MINUTES 309 SEPTEMBER 20, 1999
RESOLUTIONS
55.A
Motion:
BUSINESS CALENDAR
UPGRADE OF MANAGEMENT AIDE TO SENIOR MANAGEMENT
ASSISTANT
Adopt resolution.
RESOLUTION 1999-063 -A resolution of the City Council of the City
of Santa Ana to amend the current Annual Budget to reallocate one
position - Personnel Services
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT:
NOT VOTING:
SECOND: Lutz
Bist, Christy, Franklin, Lutz, McGuigan, Pulido
None
None
Moreno
75.A.
PUBLIC HEARINGS
MORATORIUM ON CONSTRUCTION OF FRONT YARD FENCES IN
RESIDENTIAL ZONES
Public hearing to consider establishing a moratorium on the construction of front
yard fences in residential zones
Legal Notice published in the Oranqe County Re§ister on September 11, 1999
Mayor Pulido opened the public hearing regarding the proposed moratorium on front
yard fences at 6:18 p.m.
Presentation of staff report by Planning and Building Agency Executive Director
Robyn Uptegraff
Presentation of written communications by Clerk of the Council Janice C. Guy: One
previously distributed to Council (Faxed letter dated September 20, 1999 received
from Wendy Tobiska)
Ginelle Hardy spoke in favor of the moratorium.
Mayor Pulido closed the public hearing at 6:20 p.m.
Motion: Adopt emergency ordinance. (Requires five affirmative votes.)
CITY COUNCIL MINUTES 310 SEPTEMBER 20, 1999
75.B.
PUBLIC HEARINGS
ORDINANCE NS-2402 - An emergency ordinance of the City of Santa
Aha temporarily prohibiting the construction of front yard fences in
residential zones - Planning and Building Agency
MOTION: Bist
VOTE: AYES:
NOES:
ABSENT:
NOT VOTING:
SECOND: Lutz
Bist, Christy, Franklin, Lutz, McGuigan, Pulido
None
None
Moreno
DISPOSITION AND DEVELOPMENT AGREEMENT - SANTA ANA AUTO MALL
DEALERS' ASSOCIATION
Public hearing on the proposed conveyance of real property at the Santa Ana Auto
Mall to the Santa Aha Auto Mall Dealers' Association for employee parking
Legal Notice published in the Oranqe County Reqister on September 5 and 13,
1999
Mayor Pulido opened the joint public hearing of the Santa Ana City Council and the
Community Redevelopment Agency regarding the sale of property to the Santa Ana
Auto Mall Dealers' Association at 6:38 p.m.
Presentation of staff report by Community Development Agency Executive Director
Cindy Nelson
Presentation of written communications by Clerk of the Council Janice C. Guy: None
Mike Shepard representing the Auto Mall dealers indicated his support for the sale.
Mayor Pulido closed the public hearing at 6:42 p.m.
Councilmember McGuigan reported that she had visited the site, and opined the
property was not practical for development of an auto dealership.
Motion: Adopt resolution. (Concurrent action with Agency)
RESOLUTION 1999-064 - A resolution of the City Council of the City of
Santa Ana making certain findings and approving the sale of real
property by the Community Redevelopment Agency of the City of Santa
Ana to the Santa Ana Auto Mall Dealers' Association - Community
Development Agency
CITY COUNCIL MINUTES 311 SEPTEMBER 20, 1999
PUBLIC HEARINGS
MOTION: Franklin
VOTE:
AYES:
NOES:
ABSENT:
NOT VOTING:
SECOND: McGuigan
Bist, Christy, Franklin, Lutz, McGuigan, Pulido
None
None
Moreno
COUNCIL RECESS -- 6:46 P.M. - 7:01 P.M. -- TO COMMUNITY REDEVELOPMENT
AGENCY MEETING
COUNCIL AGENDA ITEMS
85.A. REMOVAL OF PARKING ON EAST FOURTH STREET (FRANKLIN)
Councilmember Franklin reported the 4th Street business owners had been unaware
that the parking removal item was scheduled for the September 7 Council meeting
and indicated he had asked that the item be returned to the Agenda in order to give
them the opportunity to be heard.
Engineering Services Manager George AIvarez recapped the Public Works
Agency's analysis of parking in the area.
The following persons requested that on-street parking be retained:
Dennis Mitosinka
Bert Mendez
Armando Bola~os
Michael Macres
Eliodoro Fernandez
Motion: Rescind Council decision of September 7, 1999 to remove on-
street parking on Fourth Street between French and Poinsettia.
MOTION: Christy
SECOND: McGuigan
VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido
NOES: None
ABSENT: None
NOT VOTING: Moreno
COUNCIL RECESS--7:23-7:32 P.M.
CITY COUNCIL MINUTES
312
SEPTEMBER 20, 1999
WS.A.
WS.B.
WORK STUDY SESSION
CABLE TV FRANCHISE AGREEMENT STATUS REPORT
Recreation and Community Services Executive Director Cleve Williams briefed the
Council on the City's cable television franchise indicating the original franchise had
been granted in 1982, extended in 1997, and would terminate in 2002. He
explained that transfer and renewal of the franchise was regulated by federal
legislation, and discussed the process for renewing the franchise.
Williams indicated staff would request the Council to approve two professional
service contracts related to franchise renewal on October 4, 1999, one for legal
services and a second for an assessment of the community's cable television
needs and a determination of the current operator's compliance with the existing
agreement. He and City Attorney Joseph Fletcher opined that many of the
concerns regarding the current operator such as poor customer service, untimely
refunds and lack of notification regarding rate increases could be addressed in the
next franchise agreement.
Staff agreed to research changing cable franchisees, setting a shorter franchise
term, and exploring mechanisms for controlling rates.
Dave Lopez requested that cable employees not be allowed to park company
vehicles overnight in residential neighborhoods.
PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP)
Planning and Building Agency Executive Director Robyn Uptegraff introduced the
item, explaining that an ordinance extending PREP (the City's systematic
inspection of residential rental properties for Code violations) for four years would
be placed on the October 4 Council Agenda, and noted the presentation would
delineate program benefits and statistics.
Community Preservation Manager Bruce Dunams assisted by Sr. Community
Preservation Inspector Estella Rodarte showed a slide program that covered the
history of the Program, Program funding, the Gold Seal Incentive Program
(Exemption from Rental Inspection fee for well-managed rental properties),
violation categories from life threatening to primarily cosmetic, area inspection
statistics and repair costs.
Uptegraff, Dunams, and City Attorney Joseph Fletcher responded to
Councilmember questions regarding such topics as calculation of repair values,
methods to correct mildewing, "problem" buildings, education element for
landlords, fees imposed on a rental business versus Proposition 218 (property-
related) taxes, industry representation on the PREP task force, and Program
philosophy and effectiveness.
CITY COUNCIL MINUTES 313 SEPTEMBER 20, 1999
WORK STUDY SESSION
The following persons expressed support for continuation of the PREP Program:
Evangeline Gawronski, representing COP
Winston Covington, representing Comlink and the Community
Redevelopment and Housing Commission
Tim Rush
Ginelle Hardy, representing the Heninger Park Neighborhood Association
The following persons requested the PREP Program be terminated:
David Cordero, representing the Apartment Association of Orange County
Judy Legan, representing the South Coast Apartment Association
Chris Taylor, representing Bentley Park Apartments
Bill Todd
Bob McCaffrey reported his building at 1610 N. Broadway lacked sufficient
parking, but had qualified for the City's Gold Seal Incentive Program and inquired
as to whether rental property owners attaining such designation might be
rewarded with parking spaces.
The City Attorney opined that such a course of action would require a re-
examination of the Gold Seal philosophy since the Program currently has no
relationship to parking.
Tim Rush commented that staff needs to address the McCaffrey problem.
COMMENTS
90.A. PUBLIC COMMENTS
Dave Lopez indicated his support for continuation of the PREP Program and
reminded the Council of his earlier request for 15 additional Code Enforcement
positions in January.
90.B. COUNCIL COMMENTS
Councilmember Moreno
· cited a recent tragedy involving a Santa Ana child who had slipped through an
apartment's balcony railings and fallen to his death, and asked staff to
investigate more stringent safety regulations for balcony construction;
· requested the "Removal of Ward 1 Board and Commission Members" be
placed on the Agenda for meetings held in the Council Chambers; and
· asked that "Light Rail" be placed on the next Council Agenda, and requested
staff to send a letter on his behalf to Association officers in the neighborhoods
between Grand Avenue, Bristol Street and the northern and southern City
limits informing them that the item would be on the Agenda.
CITY COUNCIL MINUTES 314 SEPTEMBER 20, 1999
COMMENTS
Councilmember McGuigan
· noted the Environmental Impact Report for the Orange County Transportation
Authority Light Rail project was not yet completed and questioned the
appropriateness of Moreno's placement of the item on the Agenda at this time.
ADJOURNMENT - 9:08 P.M.
To 5:30 p.m, on October 4, 1999 in Room 831, City Hall, 20 Civic Center Plaza
Cler'.. of the Council
CITY COUNCIL MINUTES 315 SEPTEMBER 20, 1999