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HomeMy WebLinkAbout03-21-1994MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 21, 1994 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:19 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tem TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS TED R MORENO ROBERT L. RICHARDSON Absent: NONE STAFF: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney IANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR YOUNG assisted by members of Cub Scout Troop 1750 from Taft Elementary School EMPLOYEE AWARDS MAYOR YOUNG 20 Years of Service Yolanda Paloma Payroll Assistant Finance and Management Services CITY COUNCIL MINUTES 73 MARCH 21, 1994 PRESENTATIONS Proclamation declaring March 28-April 3, 1994 "Community Development Week" presented by MAYOR YOUNG to Community Development Agency Executive Director Cindy Nelson Certificate of Appreciation for outstanding job training and hiring of Santa Ana disadvantaged residents presented by COUNCILMEMBER MILLS to Marriott Corporation Regional Manager of Community Employment and Training Iris Murray CONSENT CALENDAR The Mayor announced the removal of Items 22.A. and 25.B. from the Consent Calendar for separate action. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Richardson SECOND: Pulido VOTE: AYES: NOES: Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None ABSENT: None ADMINISTRATIVE MATTERS MINUTES Motion: 10.A. Approve Minutes. REGULAR MEETING OF MARCH 7, 1994 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. CITY COUNCIL MINUTES 74 MARCH 21, 1994 CONSENT CALENDAR Motion: iI.A. Adopt resolution. APPEAL APPLICATION 94-001 RE VA 93-008 FILED BY METROPOLITAN OUTDOOR ADVERTISING (Confirms Council action of March 7, 1994 by a 7/0 vote) RESOLUTION 94-013 - A resolution of the City Council of the City of Santa Ana denying Variance Application No. 93-008, which sought to allow an off- premise advertising sign to be maintained at variance with the off-premise sign regulations at 3151 South Standard Avenue - Planning and Building Agency FILE VA CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The March 7, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:30 p.m. on March 2, 1994. 15.B. The Notice of Adjournment for the March 7, 1994 City Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza at 9:15 a.m. on March 8, 1994. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 94-165 - JOB TRAINING PARTNERSHIP ACT TECHNICAL ASSISTANCE FUNDS Motion: Approve. (Requires five affirmative votes) Receipt of unanticipated Job Training Partnership Act Title IIA revenue in Fund 132 recognizing $10,000 and appropriating same to the Job Training Partnership Act Capacity Building and Technical Assistance Account - Finance and Management Services FILE APAD CITY COUNCIL MINUTES 75 MARCH 21, 1994 CONSENT CALENDAR 20.B. Motion: 20.C. Motion: APPROPRIATION ADJUSTMENT 94-166 - JOB TRAINING PARTNERSHIP ACT 8%-30% FUNDS Approve. (Requires five affirmative votes) Receipt of unanticipated Job Training Partnership Act revenue in Fund 132 recognizing $70,560 and appropriating same to the Job Training Partnership Act 8%-30% Grant Account - Finance and Management Services FILE APAD APPROPRIATION ADJUSTMENT 94-169 - WEED AND SEED GRANT FUNDS Approve. (Requires five affirmative votes) Receipt of Weed and Seed Grant revenues from the United States Department of Justice in Fund 126 recognizing $200,000 and appropriating same to the Weed and Seed Grant Account - Finance and Management Services FILE APAD SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22.A PRINTING OF CITY EMPLOYEE NEWSLETTER "VISIONS" - Removed for separate action. (See Minutes page 77.) Motion: 22.B. Award in accordance with Request for Council Action. PARK MAINTENANCE UTILITY VEHICLES (4) - Finance and Management Services SPEC 93-003 Guaranty Chevrolet in the amount of $19,546.83 Reynolds Buick GMC in the amount of $58,723.75 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.A. LEASE OF OFFICE SPACE FOR EMPLOYMENT SERVICES SUMMER YOUTH PROGRAM - With James A. Carter and Sharon A. Carter for a six- month lease for 3,500 square feet of office space at 500 W. Santa Aha CITY COUNCIL MINUTES 76 MARCH 21, 1994 CONSENT CALENDAR 25.B. Boulevard in an amount not to exceed $4,725.00 per month - Community Development Agency AGMT 94-031 ZOO CONCESSION SERVICES - Removed for separate action. (See Minutes page 78.) LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY Motion: Approve deed and authorize execution by City Manager and Clerk of the Council of all necessary documents. 30.A. K & G INVESTMENT COMPANY, ET AL - 3731 W. Warner Avenue for the Harbor Boulevard Bridge project in the amount of $25,144.55 - Community Development Agency DEED 77 2 2 (See Min. page 153 - Amt. increased) * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22.A PRINTING OF CITY EMPLOYEE NEWSLETTER "VISIONS" In response to the Mayor's inquiry, City Manager David Ream provided information regarding the distribution of the City's monthly employee newsletter. Motion: Award in accordance with Request for Council Action. B & Z Printing for the final yearly contract renewal in the estimated amount of $12,169.00 - Finance and Management Services SPEC 91-107 MOTION: Young VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None CITY COUNCIL MINUTES 77 MARCH 21, 1994 BUSINESS CALENDAR AGREEMENTS ZOO CONCESSION SERVICES 25.B. Recreation and Community Services Executive Director Allen Doby responded to Mayor Young's questions concerning the Zoo and Thornton Park concessions. Doby indicated he would immediately inform the Little League representatives at Thornton Park that they might operate the concession stand at that location for the coming season. Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. California Dining Services for a five-year period with one five-year extension option - Recreation and Community Services AGMT 94-032 MOTION: VOTE: Young SECOND: McGuigan AYES: NOES: ABSENT: None Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None 50.A. Motion: ORDINANCES/FIRST READING MODIFICATIONS TO GARAGE SALE REGULATIONS Continue Ordinance NS-2218 to April 18, 1994 pending review of the ordinance by the City's various neighborhood organizations. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE BK CITY COUNCIL MINUTES 78 MARCH 21, 1994 BUSINESS CALENDAR 50.B. Motion: CABLE TELEVISION SUBSCRIBER PROTECTION Continue Ordinance NS-2219 to April 18, 1994pending a comparison of the proposed ordinance against federal regulations. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE BK RESOLUTIONS 55.A. CALIFORNIA HIGHWAY PATROL TRAINING PROGRAMS Motion: Adopt resolution. RESOLUTION 94-011 - A resolution of the City Council of the City of Santa Aha authorizing execution of training program participation agreement with the California Highway Patrol - Police Department MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE BK 55.B. Motion: FRENCH COURT PERMIT PARKING DISTRICT AMENDMENTS Adopt resolution. RESOLUTION 94-012 - A resolution of the City Council of the City of Santa Ana amending Resolution No. 93-090 to revise the permit parking regulations in the French Court Permit Parking District - Public Works Agency MOTION: Richardson SECOND: Pulido CITY COUNCIL MINUTES 79 MARCH 21, 1994 BUSINESS CALENDAR VOTE: AYES: NOES: ABSENT: None Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE BK PUBLIC HEARINGS 75.A. UNDERGROUND UTILITY DISTRICT 30 Proposal to convert existing overhead utility lines to an underground system on Sixth Street, Shelton, and Civic Center Drive Legal Notice mailed December 22, 1993 The public hearing was closed on January 3, 1994. Motion: 1. Adopt resolution. RESOLUTION 94-002 - A resolution of the City Council of the City of Santa Ana establishing Underground Utility District No. 30 - Public Works Agency 2. Establish a rebate program. Reimbursement to owners of single-family residential properties affected by the Underground Utility District No. 30 MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Moreno Lutz, McGuigan, Mills, Moreno, Pulido, Richardson, Young None FILE UUD 75.B. APPEAL APPLICATION 93-001 RE VA 91-003 FILED BY THE APOSTOLIC CHURCH VA 91-003 request to vary from setback, landscaping and parking standards for a proposed church and church administration office at 112-122 E. Pomona Street and 111-121 E. Berkeley CITY COUNCIL MINUTES 80 MARCH 21, 1994 Recommended for denial by the Planning Commission on October 11, 1993 by a 6/0 vote with Doughty absent Legal Notice mailed December 9, 1993 The public hearing was closed on March 7, 1994. Motion: Approve Appeal Application 93-001, approving VA 91-003, and overruling the decision of the Planning Commission subject to the following conditions: Variance 91-003 will be reviewed by the Council for continuation or revocation one year after approval. A permit parking district will be established in the neighborhood should parking problems develop, with such parking also included as part of the Council's one-year review of the Variance. 3. The 4,128 square-foot building at 117 E. Berkeley will be demolished by the applicant. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Young Lutz, Mills, Moreno, Pulido, Richardson, Young McGuigan FILE VA RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 7:03 P.M. RECONVENED - COUNCIL CHAMBERS - 7:04 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS Florence Leach reported that the petition she had turned in at the previous City Council meeting contained 183 signatures of persons opposing the Utility Users Tax increase and requested that information be noted in the record. CITY COUNCIL MINUTES 81 MARCH 21, 1994 90.B. CITY COUNCIL COMMENTS Councilmember Moreno requested that Police Officer Andy Mantecon be recognized at a future Council meeting for outstanding service to the Downtown Santa Aha business community. Councilmember Mills requested that the City Council reconsider the ordinance establishing the alarm user fee at the April 18, 1994 Council meeting. Mayor Pro Tem Pulido commented that the lack of a Drug Recognition Expert (DRE) on staff at the City's temporary jail was causing offenders to be cited and released rather than retained in custody. He requested staff look into acquiring DRE Services to increase incarcerations of drug offenders. Councilmember Richardson: - reported the City was hosting the inaugural ceremonies for the new Metrolink Train Service at the Regional Transportation Center; - requested to meet with staff regarding the Metrolink and Penn Way improvement projects; - asked staff to prepare within 30-45 days a report on the City's home-based business regulations as compared to other cities; and - requested the meeting be adjourned in memory of Pat Pleshe, a long-time community activist who recently passed away. Mayor Young: - requested the Police Department investigate the City of Long Beach's curfew program; - noted the increase of panhandling in the City and requested information regarding the Police Department's plans to mitigate this activity; - requested appropriate recognitions be scheduled to acknowledge the contributions of Sports Celebrities to the Southwest Little League and "Walkie" Ray, Jay Ray Construction, to the Bowers Museum District; and - asked staff to update the Council regarding the Museum District projects. RECESSED TO CLOSED SESSION - ROOM 147 - 7:17 P.M. The Clerk of the Council announced that the City Council was recessing to Closed Session pursuant to: CITY COUNCIL MINUTES 82 MARCH 21, 1994 Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally and to which the City was a party, to wit: Cabrera vs. City of Santa Ana People vs. Five Star RECONVENED - COUNCIL CHAMBERS - 7:38 P.M. - All Councilmembers present except Councilmembers Moreno and Pulido 95.A. Motion: CLOSED SESSION REPORT Authorize. A partial settlement of Cabrera vs. City of Santa Ana through payment to Hertz for damage to a rental vehicle in the amount of $5,397.59 (Claim 93-039) MOTION: Young SECOND: McGuigan VOTE: AYES: Lutz, McGuigan, Mills, Richardson, Young NOES: None ABSENT: Moreno, Pulido STUDY SESSION ON BROWN ACT - ROOM 147 - The Mayor acknowledged receipt of the Brown Act modifications report prepared by the Clerk of the Council and indicated the Councilmembers would contact the City Attorney if they had any questions. ADJOURNMENT - 7:39 P.M. - In memory of Patricia A. Pleshe, member of the Cable Television Advisory Board and long time resident of Santa Ana Clerk of the Council CITY COUNCIL MINUTES 83 MARCH 21, 1994