HomeMy WebLinkAbout08-05-1996MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
AUGUST 5, 1996
CALLED TO ORDER
6:06 P.M.
CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
ATTENDANCE
COUNCILMEMBERS
Present:
MIGUEL A. PULIDO, Mayor
TONY ESPINOZA
TOM LUTZ
PATRICIA A. McGUIGAN
LISA MILLS
TED R MOP, ENO
Absent:
ROBERT L. RICHARDSON, Mayor Pro Tern
STAFF
Present:
DAVID N. REAM, Ci~yManager
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
PLEDGE OF ALLEGIANCE
MAYOR PULIDO
OATH OF OFFICE
Administered by the Clerk of the Council to new City
Attorney Joseph Fletcher
EMPLOYEE AWARDS
MAYOR PULIDO
20 Years of Service
John A. Garcia
Fire Engineer
Fire Department
CITY COUNCIL MlNUTES 233 AUGUST 5, 1996
25 Years of Service
Daniel G. McCoy
Police Captain
Police Department
Joe C. Virgen
Water Meter Repairer II
Public Works Agency
50 Years of Service
Donald E. Wright
Fire Engineer
Fire Department
PRESENTATIONS
Mayor's Exceptional Citizen Award presented by MAYOR PULIDO to Mai
Cong
Check in the amount of $325,000.00 for Phase II barrier free zone at Thornton Park
presented by State Assemblyman Jim Morrissey to MAYOR PULIDO
Art in Public Places Award for "A City Dreams of Art" project presented by
Architecture Foundation of Orange County Director James Dockstader to MAYOR
PULIDO
SPOTLIGHT ON BUSINESS
Certificate recognizing New Horizons Computer Learning Center for its
outstanding efforts in "Building Tomorrow's Workforce" presented by
COUNCILMEMBER MORENO to New Horizons Sales Manager Larry
Lovenduski
CONSENT CALENDAR
The following Consent Calendar modifications were announced by Mayor Pulido:
Abstention by Councilmember Espinoza on Items 10.A., 20.D., 22.1., 25.F.
and 30.A.
Abstention by Councilmember McGuigan on Item 31 .F.
Abstention by Councilmember Moreno on Items 10.A. and 31 .E
Removal of Items 10.C., 31.A. and 31.C for separate action.
CITY COUNCIL MINUTES
234
AUGUST 5, 1996
CONSENT CALENDAR
The Clerk of the Council announced a member of the public had requested the removal of Item
22.I for separate action, and that Item 3 I.D. had been appealed which meant the item would be
removed from this agenda and considered at a public hearing on September 3, 1996.
Consent
Motion:
Approve staff recommendations on the following Consent Calendar Items.
MOTION: Moreno
VOTE: AYES:
NOES:
SECOND: Lutz
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
None
ABSENT: Richardson
MINUTES
Motion:
10.A.
10.B.
ADMINISTRATIVE MATTERS
Approve Minutes.
SPECIAL MEETING OF JUNE 27, 1996
(Councilmembers Espinoza, Mills, and Moreno abstained.)
REGULAR MEETING OF JULY 1, 1996
Councilmember Espinoza expressed concern that his and Councilmember Moreno's practice of
not voting on any items outside of Council Chambers had been misstated by another
Councilmember as "missing out" on important votes.
Motion:
Approve Minutes of July 15 Council meeting.
MOTION: McGuigan
VOTE:
SECOND: Mills
AYES: Espinoza, Lutz, McGuigan, Mills, Moreno
NOES: None
ABSENT: Richardson
ABSTAIN:
CITY COUNCIL MINUTES
Pulido
235 AUGUST $, 1996
CONSENT CALENDAR
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, ifa
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.
Mo~on:
CONDITIONAL USE PERMIT FOR CARE HOMES - HISTORIC FRENCH
PARK - SPECIFIC DEVELOPMENT DISTRICT 19
(Placed on first reading on July 1, 1996 by a 7/0 vote and continued by order of
Acting Chair on June 15, 1996)
Published in the Orange County Reporter on July 5, 1996
Place ordinance on second reading and adopt.
ORDINANCE NS-2295 - An ordinance of the City of Santa Ana amending Specific
Development Plan No. 19 to allow care homes in the French Park Historic District
subject to the issuance of a conditional use permit - Planning and Building Agency
FILE CA
BOARDS/COMMISSIONS/COMMITTEES
Motion: Instruct Clerk to enter report into the Minutes.
13.A.
VACANCY REPORT AS OF JULY 31, 1996
Community Redevelopment/Housing Commission
Human Relations Commission
Library Board
Personnel Board
Private Industry Council
Recreation and Parks Board
TOTAL
2
1
2
1
4
1
11
FILE BC
CITY COUNCIL MINUTES 236 AUGUST 5, 1996
CONSENT CALENDAR
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A.
The July 1, 1996 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 1:30 p.m. on June 26, 1996.
15.B.
The July 15, 1996 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 11:30 a.m. on July 10, 1996.
15.C.
Larry Cooper's resignation from the Personnel Board by telephone call effective
July 31, 1996 was posted on the door of the Council Chambers, 22 Civic Center
Plaza, at 3:00 p.m. on July 26, 1996.
CHAPTER 3 APPEALS
18.A.
HEARING OFFICER'S REPORT - JORGE ANDKADE - DENIAL OF POOL &
BILLIARD PERMIT - 2058 S. MAIN
Motion: Adopt.
Hearing Officer's report in its entirety which recommends that the appeal of the
denial of the application for a pool and billiards permit should be denied - Clerk's
Office FILE APSAM
19.A.
Motion:
MISCELLANEOUS - ADMINISTRATION
INVESTMENT REPORT
Receive and file report.
Quarterly Report of the City's Investments as of June 30, 1996 - Finance and
Management Services FILE CA
19.B.
Motion:
CITY COUNCIL MINUTES
EXCUSED ABSENCES
Approve.
Excused absences of Councilmembers Espinoza, Mills, Moreno from the June 27,
1996 Council Meeting
Excused absences of Mayor Pulido and Mayor Pro Tem Richardson from the
July 15, 1996 Council Meeting
237 AUGUST 5, 1996
CONSENT CALENDAR
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 97-012 - PROJECT PRIDE YOUTH KAYAK
PROGRAM
1. Adopt resolution.
RESOLUTION 96-072 - A resolution of the City Council of the City of Santa Ana
authorizing the City Manager to apply to the Office of Criminal Justice Planning for
a grant for the Academic and Athletic achievement program - Recreation and
Community Services FILE CA
2. Approve. Otequires five affirmative votes)
Recognizing $24,000.00 in Juvenile Justice and Delinquency Prevention Program
funds and appropriating same for the Project PRIDE Youth Kayak Program -
Finance and Management Services FILE APAD
APPROPRIATION ADJUSTMENT 97-013 - DONATION FOR PROJECT
PRIDE PROGRAM
Approve. (Requires five affirmative votes)
Recognizing donations totaling $6,000.00 from E1 Modeno Gardens and Robert
Acosta & Associates and appropriating same for the Project PRIDE gang diversion
program - Finance and Management Services FILE APAD
APPROPRIATION ADJUSTMENTS 97-014 and 97-015 - COMMUNITY
CRIME RESISTANCE GRANT SECOND YEAR FUNDING
1. Approve. (Requires five affirmative votes)
Recognizing $112,499.00 in Community Crime Resistance grant funds and
appropriating same to Community Crime Resistance expenditure accounts - Finance
and Management Services FILE APAD
2. Adopt resolution.
RESOLUTION 96-073 - A resolution of the City Council of the City of Santa Aha
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
Motion:
20.B.
20.C.
Motion:
CITY COUNCIL MINUTES 238 AUGUST 5, 1996
CONSENT CALENDAR
20.D.
Motion:
3. Approve. (Requires five affirmative votes)
Transferring $28,124.00 from Police Department's Field Operations account and
appropriating same to the Community Crime Resistance expenditure accounts -
Finance and Management Services FILE APAD
APPROPRIATION ADJUSTMENT 97-018 - COMMUNITY DEVELOPMENT
AGENCY GRANT-FUNDED POSITIONS (3)
1. Approve. (Requires five affirmative votes)
Recognizing $7,500.00 in unanticipated Job Training Partnership Act funds and
appropriating same to Rapid Response and $120,000.00 in unanticipated contract
funding from the County of Orange for the Welfare-to-Work grant and
appropriating same to Welfare-to-Work - Finance and Management Services
(Councilmember Espinoza abstained.) FILE APAD
Direct the City Attorney to prepare and the Mayor and Clerk to execute
agreement.
FUNDING FOR TWO EMPLO~NT TECHNICIAN POSITIONS FOR THE
STATE OF CALIFORNIA WELFARE-TO-WORK GRANT - With the County of
Orange for the Santa Ana WORK Center in the amount of $120,000.00 -
Community Development Agency AGMT 96-080
3. Adopt resolution.
(Adds 2 Employment Services Technicians and 1 Re-employment Coordinator)
RESOLUTION 96~074 - A resolution of the City Council of the City of Santa Aha
to amend the current annual budget to add three grant funded positions - Personnel
Services FILE CA
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Request for Council Action.
22.A.
MAINTENANCE - POLICE COMPUTER-AIDED DISPATCH SYSTEM - To
Planning Research Corporation for the fourth of a 5-year contract in an amount not
to exceed $51,921.00 - Finance and Management Services SPEC 91-068
22.B.
UNIFORMS - POLICE AND FIRE DEPARTMENTS - To Uniform Center to
increase the current contract in the estimated amount of $10,000.00 - Finance and
Management Services SPEC 93-005
CITY COUNCIL MINUTES 239 AUGUST 5, 1996
CONSENTCALENDAR
22.C.
22.D.
22.E.
22.F.
22.G.
22.H.
PARKING LOT SWEEPING SERVICES - VARIOUS LOCATIONS -
RECREATION AND COMMUNITY SERVICES - To Orange County
Sup ersweep for a one-year period in the annual amount of $19,032.00 - Finance and
Management Services SPEC 94-017
(SPEC 95-120249)
ANIMAL FOOD - SANTA ANA ZOO - To the following for a final one-year
renewal period in the estimated annual amounts indicated - Finance and
Management Services SPEC 94-019
Far West Sales
Midway City Feed
Reliable Protein Products
$13,320.00
15,686.00
1,700.00
SECURITY GUARD SERVICES - CORPORATE YARD - To Wells Fargo Guard
Services for a one-year renewal in the estimated annual amount of $54,060.00 -
Finance and Management Services SPEC 94-028
TRUCK AND AUTO SUPPLIES - FLEET MAINTENANCE DIVISION - To
Truck and Auto Supply, Inc. to increase the contract by $3,400.00 - Finance and
Management Services SPEC 94-051
VEHICLE TIRES AND EMERGENCY ROAD SERVICES - To the following for
a 12-month renewal period in the indicated amounts - Finance and Management
Services SPEC 94-057
Tires
Parkhouse Tire
Scher Tire, Inc.
Berlin Tire Centers, Inc.
Pete's Road Service, Inc.
$129,285.60
74,574.95
12,875.00
1,146.24
Emergency Tire Road Service
Pete's Road Service in an amount not to exceed $11,000.00
PHOTOGRAPHIC SUPPLIES - VARIOUS DEPARTMENTS - To the following
in the indicated amounts - Finance and Management Services SPEC 94-090
Diversified Photo Supply for a contract increase in the amount of $17,640.00
Graphic Distributors for a one-year period with a one-year renewal option in
an annual amount not to exceed $48,000.00
CITY COUNCIL MINUTES
240 AUGUST 5, 1996
CONSENT CALENDAR
George Estrada opined the "Eye on Santa Aha" newsletter was a redundant publication and a
waste of taxpayers' money.
Motion: Award in accordance with Request for Council Action.
PRINTING & DISTRIBUTION - "EYE ON SANTA ANA" NEWSLETTER
(ENGLISH/SPANISH) - COMMLrNITY DEVELOPMENT AGENCY - To B&Z
Printing for a 12-month renewal period in the estimated annual amount of
$19,244.00 - Finance and Management Services SPEC 95-027
MOTION: Mills
SECOND: Lutz
VOTE:
AYES: Lutz, McGuigan, Mills, Moreno, Pulido
NOES: None
ABSENT: Richardson
ABSTAIN: Espinoza
22.J.
REPLACEMENT POLICE PATROL SEDANS - To Wondries Fleet Group
through County of Los Angeles, reducing the amount of the contract from
$536,370.88 to $512,031.40 for a total reduction of $24,031.48 - Finance and
Management Services SPEC 95-083
22.K.
SCREEN PRINTED CLOTHING - VARIOUS RECREATION PROGRAMS - To
Pacifica T-Shirts, Inc. for a 12-month renewal period in the estimated annual
amount of $71,986.00 - Finance and Management Services SPEC 95-259
22.L.
ELECTRICAL CONSULTING SERVICES - FIRE STATION 5 UPGRADE - To
Power Engineering in the amount of $13,750.00 - Finance and Management
Services SPEC 96-038
22.M.
PICK-UP TRUCK - PUBLIC WORKS AGENCY - To Reynolds Buick, Inc. In the
amount of $15,300.50 - Finance and Management Services SPEC 96-039
22.N.
VIDEO EQUIPMENT - POLICE DEPARTMENT - To A-Vidd Electronics in the
estimated amount of $38,801.00 - Finance and Management Services
SPEC 96-040
22.0.
LIBRARY STRUCTURAL MODIFICATIONS - AMERICANS WITH
DISABILITIES ACT (ADA) COMPLIANCE - To TLS Construction, Inc. for the
modification of stairwell railings and landings at the Santa Ana Main Library in the
amount of $11,997.00 - Finance and Management Services SPEC 96-041
CITY COUNCIL MINUTES 241 AUGUST 5, 1996
CONSENTCALENDAR
22.P.
Motion:
POLICE MOTORCYCLES (5) - Finance and Management Services
SPEC 96-019
Withdraw contract from SBD Partners, Inc., cl/b/a Honda-Kawasaki
Sportcenter.
2. Award contract.
Pomona Valley Kawasaki, Inc., in the amount of $45,228.06
AGREEMENTS
Motion:
Authorize Ci(y Attorney to prepare and the Mayor and Clerk of the Council to
execute agreements.
25.A.
GOVERNMENT LIAISON SERVICES - With The Ferguson Company for FY 96-
97 in an amount not to exceed $45,000.00 - Council Services
(Item 25.A. was continued by Council on July 1, 1996 by a 7/0 vote.)
AGMT 96-075
25.B.
LEASE EXTENSION - DOWNTOWN DEVELOPMENT DIVISION OFFICES -
116A W. FOURTH - With Phoan Sack Chanthapanya for the period May 1, 1996 to
April 30, 2001 increasing space by 373 square feet with a price per square foot of
$1.00 for a total monthly rental of $3,461.00 o Community Development Agency
AGMT 96-081
25.C.
ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS) MAINTENANCE
AND SUPPORT - With JHK & Associates for a one-year period in an amount not
to exceed $64,000.00 - Public Works Agency AGMT 96-082
25.D.
CONTRACT EXTENSION - STADIUM CONCESSIONAIRE - With California
Dining Services extending concession services until April 1999 - Recreation and
Community Services AGMT 96-083
25.E.
TECHNICAL AND CONSULTING SERVICES - GEOGRAPHIC
INFORMATION SYSTEM (GIS) - With D.A. Moran and Associates in an amount
not to exceed $75,000.00 - Public Works Agency AGMT 96-084
25.F.
APPRAISAL SERVICES - BRISTOL STREET WIDENING PROJECT FROM
EDINGER AVENUE TO ST. ANDREW PLACE - With Goeppner and Associates
in the amount of$11,850.00 - Public Works Agency (Councilmember Espinoza
abstained) AGMT 96-085
CITY COUNCIL MIINUTES 242 AUGUST 5, 1996
CONSENT CALENDAR
25.G.
25.H.
MEMORANDUM OF UNDERSTANDING FOR PROPOSAL DEVELOPMENT -
BROADBAND FIBER OPTICS TELECOMMUNICATIONS NETWORK - With
Spectranet International - Public Works Agency AGMT 96-086
TELEPHONE EQUIPMENT - POLICE ADMINISTRATION AND DETENTION
FACILITY (JAIL) - With NEC Business Communications Systems, West Inc. In
the amount of $510,000.00 - Police Department AGMT 96-087
MISCELLANEOUS - BUDGET
29.A. LEAGUE OF CALIFORNIA CITiES MEMBERSHIP DUES
Motion: Approve.
Membership dues to the League of California Cities in the amount of $30,028.00 -
Finance and Management Services FILE CA
LAND USE MATTERS
DEEDS-TRANSFER OF PROPERTY
Motion:
Approve deed and authorize execution by Mayor and Clerk of the Council of all
necessary documents.
30.A.
MOUNTAIN LAUNDRY CORPORATION - 1212 S. Bristol for the Bristol Street
widening project between McFadden Avenue and St. Andrew Place in the amount
of $649,125.00 - Public Works Agency (Councilmember Espinoza abstained)
DEED 7784
30.B.
KEPHART, DENNIS ET AL - 1105-1107 S. Main - For the McFadden Avenue
realignment project between Main and Maple Streets in the amount of $200,000.00
- Public Works Agency DEED 7785
CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS
Councilmember Mills requested CUP 96-017 be set for public hearing to allow the Council
the opportunity to review possible aesthetic facades for the monopole structure.
CITY COUNCIL MINUTES 243 AUGUST 5, 1996
CONSENT CALENDAR
Motion:
Set for public hearing at the September 3, 1996 City Council meeting.
CUP 96-017 - 2802 S. Flower - Filed by AirTouch Cellular to increase the height of
an existing monopole and antenna array from 35 to 65 feet at Saddleback High
School in the Open Space (O) zoning district - Planning and Building Agency
Planning Commission Action: Approval
MOTION: Mills
SECOND: McGuigan
VOTE:
AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
NOES: None
ABSENT: Richardson FILE CA
31.B.
Receive and file staff report and adopt findings as submitted by staff
CUP 96-021 - 3605 S. Bristol - Filed by Kaveh Incorporated to allow after-hour
operations and three live entertainers at Ferdussi Restaurant in the Commercial
Residential (CR) zoning district - Planning and Building Agency
Planning Commission Action: Approval FILE CA
In response to Councilmember Mills' inquiry, Planning and Building Agency Executive Director
Robyn Uptegraff clarified the noticing process for the CUP application and reported the residents
ora condo association adjacent to the project had not appeared to speak at the Planning
Commission's hearing on the matter.
Motion: Receive and file staff report and adopt findings as submitted by staff
CUP 96-023 - 2413 W. 17th - Filed by Sareth Srey to allow after-hour operations at
Jack's Donuts in the Community Commercial (C1) zoning district - Planning and
Building Agency
Planning Commission Action: Approval
MOTION: Mills
SECOND: McGuigan
VOTE:
AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
NOES: None
ABSENT: Richardson
FILE CA
CITY COUNCIL MINUTES
244
AUGUST 5, 1996
CONSENT CALENDAR
~i:~;~:i~:[~i~i:[!!~ - Filed by Xavier Orozco to allow a McDonald's
restaurant with drive-through window services - Planning and Building Agency
Planning Commission Action: Denial
(Withdrawn from Agenda, see Minutes page 235.) FILE CA
Motion:
31.E.
31.F.
Motion:
Receive and file staff report and adopt.findings as submitted by staff.
VA 96-002 - Bristol MarketPlace - Filed by Interstate Consolidated Industries to
allow a 19-foot, 8-inch pylon sign in the General Commercial (C2) zoning district -
Planning and Building Agency
Planning Commission Action: Approval
(Councilmember Moreno abstained.) FILE CA
FAIRHAVEN AVENUE WIDENING
1. Receive and file staff report and adopt findings as submitted by staff.
CUP 96-024 - 1702 E. Fairhaven - Filed by Fairhaven Memorial Park to amend
CUP 67-13 in order to reduce the setback requirement on Fairhaven Avenue from
50 to 35 feet and to permit the construction of a six-foot high fence on the
Fairhaven Avenue property line in the Open Space (O) zoning district - Planning and
Building Agency
Planning Commission Action: Approval FILE CA
Authorize the City Attorney to prepare and the Mayor and Clerk to execute
agreement.
WIDENING OF FAIRHAVEN AVENUE - With Fairhaven Memorial Park and
Mortuary deferring the removal of a fence and plants in the public right-of-way until
completion of Fairhaven Avenue widening - Public Works Agency
AGMT 96-088
(Councilmember McGuigan abstained on both motions.)
FINAL PARCEL / TRACT MAPS
Motion: Approve final map and accept the dedication show thereon.
33.A.
PARCEL MAP 94-179 - 2024 W. Civic Center Drive - Allows division of partially
improved residential property into two parcels and future residential development -
Public Works Agency FILE CA
* * * END OF CONSENT CALENDAR
CITY COUNCIL MINUTES
245 AUGUST 5, 1996
BUSINESS CALENDAR
13.B.
Motion:
APPOINTMENTS
Appoint.
Councilmember McGuigan as the City's representative to the Orange County
Council of Governments (OCCOG) for a term expiring November 30, 1998.
MOTION: Moreno
VOTE: AYES:
NOES:
ABSENT: Richardson
SECOND: Lutz
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
None
FILE BC
CONTINUED ACTIONS
50.A.
75.B.
USES IN PROFESSIONAL (P) ZONING DISTRICT
GENERAL PLAN AMENDMENT 96-004
AMENDMENT APPLICATION 96-004
Motion: Continue to September 3, 1996 Council meeting.
ORDINANCE NS-2296 - An ordinance of the City of Santa Ana amending Sections
41-313 and 41-313.5 of the Santa Ana Municipal Code to revise the listing of uses
which are permitted in the P (Professional) Zoning District - Planning and Building
Agency (Item 50.A)
Public hearing re GENERAL PLAN AMENDMENT 96-004 to amend the Land
Use Element of the General Plan to redesignate property along N. Main Street from
General Business District (GBD) and District Center (DC) to Professional and
Administrative Office (PAO) and from General Commercial to Professional (P) and
to redesignate 119 E Edgewood Road from General Business District (GBD) to
Low Density Residential (LR-7); and
AMENDMENT APPLICATION 96-004 to rezone property along N. Main Street
from General Commercial (C2) to Professional (P) and 119 E. Edgewood Road
from General Commercial (C2) to Single-Family Residential (R1) (Item 75.B)
MOTION: Mills
SECOND: McGuigan
VOTE:
AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
NOES: None
ABSENT: Richardson
FILE CA
CITY COUNCIL MINUTES 246 AUGUST 5, 1996
BUSINESS CALENDAR
RESOLUTIONS
55.A.
PARTICIPATION IN CLEAN CITIES PROGRAM
Leah Dupont requested Councilmember Mills abstain on the item due to her employment with the
Orange County Transportation Authority.
The following persons expressed reservations regarding the efficiency of electrically-fueled
vehicles and requested the Council vote "no" on the item:
Miles Leach
Wayne King
Les Berryman
Robert Ault
Stephanie Cohn spoke in support of the Program.
Councilmember Mills explained she had intended to ask the motion regarding the Clean Cities
Program be bifurcated in order to allow her to abstain on the portion relating to her employment.
Motion: Continue to September 3, 1996 Council meeting.
MEMORANDUM OF UNDERSTANDING - PARTICIPATION IN CLEAN
CITIES PROGRAM - With the Southern California Association of Governments
(SCAG) to accelerate the use of alternative fuel vehicles and the development of
refueling infrastructure facilities - Planning and Building Agency
AGMT 96-089
RESOLUTION 96-075 - A resolution of the City Council of the City of Santa Ana
endorsing and initiating the City's EV-READY COMMUNITY program - Planning
and Building Agency FILE CA
MOTION: Moreno
SECOND: Espinoza
VOTE:
AYES: Espinoza, Lutz, Moreno, Pulido
NOES: McGuigan
ABSENT: Richardson
ABSTAIN: Mills
CITY COUNCIL MINUTES 247 AUGUST 5, 1996
BUSINESS CALENDAR
55.B.
Motion:
HOME MORTGAGE FINANCE AND CREDIT CERTIFICATE PROGRAM
Adopt resolution.
RESOLUTION 96-076 - A resolution of the City Council of the City of Santa Ana
approving the operation of a Mortgage Credit Certificate Program by the
Community Redevelopment Agency of the City of Santa Ana outside the project
areas of the Agency - Community Development Agency
MOTION: Moreno
VOTE: AYES:
NOES:
AB SENT:
ABSTAIN:
sECOND: Mills
Lutz, McGuigan, Mills, Moreno, Pulido
None
Richardson
Espinoza FILE CA
RECESSED - 7:25 P.M.
RECONVENED - 7:39 P.M. - All Councilmembers present except Councilmember Richardson
who was absent
PUBLIC HEARINGS
75.A. FRANCHISE - PUBLIC RIGHT-OF-WAY - METRICOM
Public hearing to consider granting a non-exclusive franchise to Metricom to install and operate a
wireless radio network on City right-of-way that would allow computer users to access on-line
systems and utilize E-Mail and other messaging services without attachment to a phone line.
Legal notice published in the O.C Reporter on July 8, 1996
The Mayor opened the public hearing regarding the proposed franchise to Metricom at 7:39 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
Robert Montgomery spoke in support 0fthe proposed franchise and exhibited components of the
system.
CITY COUNCIL MINUTES 248 AUGUST 5, 1996
PUBLIC HEARINGS
There were no other speakers on the matter.
The Mayor closed the public hearing at 7:41 p.m.
Motion: 1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2297 - An ordinance of the City Council of the City of Santa
Ana, California, granting to Metricom, Inc., its successors and assigns, a
nonexclusive franchise to attach, install, operate and maintain a wireless
communications radio network in, on, over, upon, along and across the public right-
of-way in the City, as the same now or may hereafter exist, prescribing certain
rights, duties, terms and conditions in respect thereto - Public Works Agency
MOTION: McGuigan
SECOND: Espinoza
VOTE:
AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
NOES: None
ABSENT: Richardson
AGMT 96-090
75.B.
GPA 96-004 - AMENDMENT APPLICATION 96-004 - SANTA ANA
FREEWAY AND MAINPLACE DRIVE, AND 119 E. EDGEWOOD ROAD
(See Minutes page 246.)
75.C.
ZOA 96-004 - AMENDMENT APPLICATION 96-007 - COMMUNITY
COMMERCIAL-MUSEUM DISTRICT
ZONING ORDINANCE AMENDMENT 96-004 to amend the Zoning Code to establish the
Community Commercial-Museum District (C 1-MD) zoning district; to set allowable uses for this
district; and to revise required bus parking for art galleries
AMENDMENT APPLICATION 96-007 to rezone properties in the Community Commercial
(C1) zoning district from Community Commercial (C1) and Open Space (O) to Community
Commercial-Museum District (C1-MD) to require compatible uses in the Museum District for
properties with Main Street frontage
Legal notice published in the Register and mailed on July 26, 1996
The Mayor opened the public hearing regarding Zoning Ordinance Amendment 96-004 and
Amendment Application 96-007 at 7:47 p.m.
CITY COUNCIL MIINUTES 249 AUGUST 5, 1996
PUBLIC HEARINGS
Presentation of staff reports and staff comments by Planning and Building Agency Executive
Director Robyn Uptegraff
Presentation of written communications by Clerk of the Council Janice C. Guy: One
Letter dated August 2, 1996 from Jeffer, Mangels, Butler & Marmaro, LLP
The following persons spoke regarding Zoning Ordinance Amendment 96-004:
Robert Beedi
Alan LaGreen
Armando Solis
Leah Dupont
James Kendrick
There were no other speakers on the matter.
The Mayor closed the public hearing at 8:04 p.m.
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2299 - An ordinance of the City of Santa Ana adding Division
12A to Article III of Chapter 41 of the Santa Ana Municipal Code to create the C 1-
MD (Community Commercial-Museum District) District, to rezone certain
properties located on both sides of Main Street between Seventeenth Street and
Santa Clara Avenue from the C1 (Community Commercial) and O (Open Space)
Districts to the C1-MD (Community Commercial-Museum District) District (AA
No. 96-7), and to amend Section 41-1403 of the Santa Ana Municipal Code to
revise the Bus Parking Requirements for art galleries - Planning and Building
Agency
MOTION: Mills
SECOND: McGuigan
VOTE:
AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
NOES: None
ABSENT: Richardson FILE CA
Councilmember Mills offered to meet with LaGreen to discuss his ideas for development of the
area.
CITY COUNCIL MINUTES 250 AUGUST 5, 1996
PUBLIC HEARINGS
75.D.
REMOVAL OF ILLEGAL TEMPORARY SIGNS & REMOVAL COSTS
Public hearing on a proposed amendment to the Santa Ana Municipal Code to provide for the
removal of illegal temporary signs and set a charge of $25.00 per sign for the recovery of the
City's cost of locating, documenting and removing the illegal signs as well as paying for
administrative expenses.
Legal notice published in the Register on July 19 and 26, 1996
Motion:
Continue hearing to September 3, 1996 at request of staff.
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: Richardson
SECOND: Mills
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
None
FILE CA
75.E. WEED ABATEMENT ASSESSMENT REGULATIONS
Public hearing on proposal to amend the Santa Ana Municipal Code weed abatement assessments
and regulations and set a charge of $350.00 per parcel to cover the costs of posting, inspection,
contractor supervision and related activities in lieu of the current administration fee of 40°A of
contractor's cost.
Legal notice published in the Register on July 25 and August 1, 1996
The Mayor opened the public hearing regarding Weed Abatement Regulations at 8:14 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 8:15 p.m.
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2300 - An ordinance of the City of Santa Ana amending Sections
16-47, 16-49, 16-51, 16-52, 16-53, 16-54, 16-55, 16-56, 16-59, and 16-60 of the
Santa Ana Municipal Code to revise the City's Weed Abatement regulations - Public
Works Agency
CITY COUNCIL MINUTES
251
AUGUST 5, 1996
PUBLIC HEARINGS
MOTION: Mills
VOTE:
AYES:
NOES:
ABSENT: Richardson
SECOND: McGuigan
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
None
FILE CA
75.F. WEED ABATEMENT REPORT FY 95-96
Public hearing to confirm FY 95-96 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 26, 1996
The Mayor opened the public hearing regarding the Weed Abatement Report FY 95-96 at
8:16 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 8:17 p.m.
Motion: Adopt resolution.
RESOLUTION 96-078 - A resolution of the City Council 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 recorded by the Orange County Recorder - Public Works
Agency
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT:
SECOND: Lutz
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
None
Richardson FILE ABATE
CITY COUNCIL MINUTES
252
AUGUST 5, 1996
PUBLIC HEARINGS
75.G.
SOLID WASTE COLLECTION REPORT FY 95-96
Public heating to confirm FY 95-96 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 26, 1996
The Mayor opened the public hearing regarding the Solid Waste Collection Service Charges
Report FY 95-96 at 8:17 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
The following persons spoke regarding the Solid Waste Collection Service Charges Report:
Bill Greschner
Gordon Gardner
The Mayor closed the public hearing at 8:22 p.m.
The Mayor directed staffto exclude any parcels owned by Greschner and Gardner from
Resolution 96-079.
Motion: Adopt resolution, as amended.
RESOLUTION 96-079 - 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 County Auditor, Assessor and
Tax Collector - Finance and Management Services
MOTION: Mills
SECOND: Lutz
VOTE:
AYES: Lutz, McGuigan, Mills, Pulido
NOES: Espinoza, Moreno
ABSENT: Richardson
FILE CA
CITY COUNCIL MINUTES 253 AUGUST 5, 1996
COUNCIL AGENDA ITEMS
85.A. CUP 96-019 (ESPINOZA)
Councilmember Espinoza explained that the applicant had withdrawn his request for a hearing;
(No Council action was taken regarding CUP 06-010 - ~6~0 N. Grand Avenue.)
RECESSED TO COMMUNITY REDEVELOPMENT AGENCY followed immediately by
the HOUSING AUTHORITY - 8:36 P.M.
RECONVENED - 8:38 P.M. - All Councilmembers present except Councilmember Richardson
who was absent
COMMENTS
90.A.
PUBLIC COMMENTS
Suszan Ales reported discussions regarding community use of the Rancho Santiago College
swimming pool were proceeding satisfactorily, and thanked City staff, in particular, Council
Services Manager Lorraine Lazarine, for her assistance. Ales indicated a need still existed to find
a document that extended the City's agreement with the College concerning the pool. Mayor
Pulido reported he had discussed the matter with Rancho Santiago College Board President
Enriqueta Ramos and suggested, in lieu of further research, the City and College enter into a new
agreement.
Miles Leach requested additional speakers on the public address system in the Council Chambers,
and citing several disadvantages for the public to Council work study sessions in the Library,
suggested such sessions be held in the Council Chambers.
Dick Kirwan expressed the Morrison Park neighborhood's appreciation to the City Council and
staff.for demolishing the dilapidated structures at 2828 N. Bristol Street.
Jose Solorio presented a written communication to the Council proposing a Charter amendment
be placed before the voters that would restrict campaign contributions to $249 from an interested
party for 90 days following an action by the City Council and limit the dollar amount a Council-
member could receive from multiple owners of a business.
RECESS - 9:01 P.M.-9:10 P.M.
Randy Au reported the Santora Building had recently celebrated the first anniversary of its
opening as an art gallery and cited increasing public awareness of the growing arts and culture
movement in Santa Ana.-
CITY COUNCIL MINUTES 254 AUGUST 5, 1996
COMMENTS
90.B.
CITY COUNCIL COMMENTS
Councilmember Espinoza asked the City Manager to discontinue the Council's workstudy
sessions in the Library.
Councilmember Mills requested a Charter amendment be prepared for the next Council meeting
setting campaign contribution limits and disqualification rules for the Council that would be
consistent with those required by the Government Code for board and commission members. She
also asked that an ordinance be prepared that applies similar restrictions to Community
Redevelopment Agency members, and that contribution limits be set on the amount a
Councilmember can receive from multiple owners of a business.
In response to Councilmember Mills' suggestion, Mayor Pulido indicated he would send letters of
appreciation to Orange County Supervisors Don Saltarelli and Roger Stanton for their assistance
in allocating County funds to a number of the City's parks.
Councilmember Lutz reported attendance at a Civic Center Barrio Corporation renovation project
open house on Jackson Street and noted residents had witnessed a reduction in crime in the
neighborhood since the rehabilitation had occurred.
Councilmember McGuigan:
reported the City had received favorable press coverage on the opening of the Santa
Ana Zoo's new aviary exhibit, "Colors of the Amazon";
requested the Mayor to send a "thank you" to Pat Buttress at Southern California
Edison for organizing the crew that hung banners on the light standards adjacent to
the Zoo for the opening celebration; and
invited the listening audience to the Classic Cars/Police and Fire Vehicles exposition
at Portola Park on August 17, 1996 between 9:00 a.m. and 2:00 p.m.
In response to Councilmember Moreno's inquiry, Assistant City Attorney Richard Lay indicated
that Moreno's acceptance of campaign contributions from numerous persons employed by the
same business was not a Charter violation.
Councilmember Moreno:
suggested contribution limits be established for police and fire unions to
Councilmembers;
reported that the Council had held 13 study session since January and voted on
items at 9 of those meetings;
CITY COUNCIL MINUTES 255 AUGUST 5, 1996
COMMENTS
affirmed through the City Manager that the bid award for vehicles and trash bins to
be used in the upcoming Recycling Program would not require a Council action and
urged the City's procedures be modified to allow the Council to vote on the bid
award.
Mayor Pulido requested staffinvestigate the legality of Mr. J's banner advertisement hung at the
SR 55/Edinger intersection. He announced he would be attending a press conference regarding
the Discovery Science Center the next morning and noted Santa Aaa had been fortunate in
attracting this space age high technology venue near MainPlace Mall to locate within the City. He
indicated the project had come to fruition as a result of significant public and state government
assistance.
CLOSED SESSION - ROOM 831, CITY HALL - 9:30 P.M.
The Clerk of the Council announced the Council would recess to Closed Session in Room 831 of
City Hall instead of Room 147 as was indicated in the Agenda, and invited interested parties to
come to her office to await the report out of Closed Session.
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 5, 1996 Closed Session.
95.A.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(G.C. Section 54956.9)
Name of Case: Donald Fox V. City of Santa Ana (Workers' Compensation)
Files 89140050, 88140024, 92PDS0426
Name of Case: Thelma Reiss v. City of Santa Ana (Workers' Compensation)
File 90140210
95.B.
CONFERENCE WITH LABOR NEGOTIATOR (G.C. Section 54957.6)
Agency Negotiator: Kathie Romero
Employee Organization: Firemen's Benevolent Association
Employee Organization: Police Officers Association
CLOSED SESSION REPORT - ROOM 831 - 9:45 P,M, - All Councilmembers present except
Councilmembers Espinoza, Moreno and Richardson
CITY COUNCIL MINUTES 256 AUGUST 5, 1996
Motion:
95.A.
1. Authorize settlements as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(G.C. Section 54956.9)
Name of Case: Donald Fox v. City of Santa Ana (Workers' Compensation)
Files 89140050, 88140024, 92PDS0426, compromise and
release in the amount of $15,000.00
Name of Case: Thelma Reiss v. City of Santa Ana (Workers' Compensation)
File 90140210, compromise and release in the amount of
$35,000.00
MOTION: McGuigan
SECOND: Mills
VOTE: AYES: Lutz, McGUigan, Mills, Pulido
NOES: None
ABSENT: Espinoza, Moreno, Richardson
RECONVENED IN CLOSED SESSION - 9:55 P.M. -All Councilmembers in attendance
except Richardson
No additional action was taken out of Closed Session.
ADJOURNMENT - 11:30 P.M.
Clerk of the Council '
CITY COUNCIL MINUTES 257 AUGUST 5, 1996