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Home My WebLink About12-16-1996MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 16, 1996 CALLED TO ORDER ATTENDANCE CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:13 P.M. COUNCILMEMBERS Present: MIGUEL A PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tem TONY ESPINOZA TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO Absent: BRETT FRANKLIN STAFF: DAVID N. REAM, CiO/Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE INVOCATION Chaplain Robert Barnett Police Department PRESENTATIONS CITY/SCHOOL PARTNERSHIP PROGRAM Student Presentation by Valley High School Junior Sagrario Gil Certificate of Recognition presented by MAYOR PULIDO to Sagrario Gil CITY COUNCIL MINUTES 365 DECEMBER 16, 1996 SPOTLIGHT ON BUSINESS Certificate recognizing "Farm to Market Inc.," a new service-oriented grocery, deli and produce market located at 2725 North Bristol Street, presented by MAYOR PULIDO to Farm to Market Director of Operations Steve Steinfield BOARD AND COMMISSION RECOGNITION City Seal Plaque presented by MAYOR PULIDO to John F. Chapman for service on the Board of Recreation and Parks CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Councilmember Moreno's abstention on Items 20.C. and 33.B. 2. Councilmember Moreno's and Espinoza's "NO" votes on Item 31.A. 3. Removal of Items 13.A. and 19.A. for separate action. Consent Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Lutz VOTE: AYES: NOES: ABSENT: Franklin SECOND: McGuigan Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson None Items removed ['or separate aclion are highlighted and show the actual x otc ~ere passed as I)}ll'l ol'lhe COIISelll molion Items wilhoul x ()LES ADMINISTRATIVE MATTERS MINUTES Motion: 10.A. 10.B. Approve Minutes. ADJOURNED REGULAR MEETING OF NOVEMBER 26, 1996 REGULAR MEET1NG OF DECEMBER 2, 1996 CITY COUNCIL MINUTES 366 DECEMBER 16, 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 carded forward. However, ifa Counci[member 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. PUBLIC ENTITY CLAIMS AGAINST CITY Published in the Orange Count_v Reporter on December 9, 1996 (Placed on first reading on December 2, 1996 by a 7/0 vote) Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2310 - An ordinance of the City of Santa Ana adding Article X to Chapter 2 of the Santa Ana Municipal Code to require claims presentation for all claims for money or damages pursuant to California Government Code Section 935(a) - City Attorney Office FILE CA BOARDS/COMMISSIONS/COMMITTEES Motion: 1) Continue the following appointments to the January 21, 1997 Council meeting. Felicia G. Bemardoni, 2329 N. Lyon Street, recommended by COUNC1LMEMBER MOP, ENO as the Ward 1 representative to the Human Relations Commission for a first full term expiring November 30, 2000 FiLE BC Mark S. Bernardoni, 2329 N. Lyon Street, recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Library Board for a first full term expiring November 30, 2000 FILE BC James N. Cast, 2525 N. Pacific, recommended by COUNCILMEMBER MOP, ENO as the Ward 1 representative to the Environmental and Transportation Advisory Committee for a first-full term expiring November 30, 2000 (Replacing Castellanos) FILE BC Mario Cervantes, 433 S. Sycamore, recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Board of Recreation and Parks for a first full term expiring November 30, 2000 FILE BC CITY COUNCIL MINUTES 367 DECEMBER 16, 1996 CONSENT CALENDAR Cynthia A. Contreras, 1508 N. English St. recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Planning Commission for a first full term expiring November 30, 2000 (Replacing Segura) FILE BC 2.) Appoint. Councilmember Patricia A. McGuigan as the City's director in lieu of the Mayor and Councilmember Tom Lutz as alternate to Orange County Sanitation Districts 1, 2, 3, and 7 FILE BC MOTION: Richardson SECOND: McGuigan VOTE: AYES: Lutz, McGuigan, Pulido, Richardson NOES: Espinoza, Moreno ABSENT: Franklin 13.B. Motion: VACANCY REPORT AS OF DECEMBER 11, 1996 Instruct Clerk to enter report into the Minutes. Cable Television Advisory Board 4 Community Redevelopment/Housing Commission 6 Environmental & Transportation Advisory Committee 5 Human Relations Commission 7 Library Board 5 Personnel Board 4 Planning Commission 4 Recreation and Parks Board 4 TOTAL 39 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The December 2, 1996 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:00 p.m. on November 27, 1996. CITY COUNCIL MINUTES 368 DECEMBER 16, 1996 CONSENT CALENDAR MISCELLANEOUS - ADMINISTRATION Councilmember Moreno requested the FY 95-96 Annual Report be continued to allow him additional time to review the voluminous background materials and also asked that the Report be set for a Council study session. Community Development Agency Executive Director Cindy Nelson indicated the Report must be filed before the end of the calendar year in order to avoid possible sanctions against the City by the State Controller's Office. Motion: Receive and file report. Redevelopment Agency Annual Report for FY 95-96 - Community Development Agency FILE CA MOTION: McGuigan SECOND: Richardson VOTE: AYES: Lutz, McGuigan, Pulido, Richardson NOES: Espinoza, Moreno ABSENT: Franklin 19.B. Motion: DOWNTOWN SANTA ANA BUS1NESS IMPROVEMENT AREA ANNUAL REPORT & BUDGET - 1997 ANNUAL ASSESSMENT HEARING 1. Approve. 1997 Annual Report for the Downtown Business Improvement area - Community Development Agency FILE CA 2. Adopt resolution setting a public hearing for danuary 6, 199Z RESOLUTION 96-105 - A resolution of the City Council of the City of Santa Ana declaring its intention to levy an assessment for the Downtown Santa Ana Business Improvement area for the year 1997- Community Development Agency FILE CA CITY COUNCIL MlNUTES 369 DECEMBER 16, 1996 CONSENT CALENDAR 19.C. Motion: 19.D. Motion: PROPERTY INSURANCE - POLICE ADMINISTRATION AND HOLDING FACILITY (JAIL) Authorize. City Manager to purchase property insurance for the Police Administration and Holding Facility from Robert F. Driver Associates for the period December 18, 1996 to December 18, 1997 in the amount of $431,514.19 - Personnel Services FILE CA EXCUSED ABSENCE Approve. Excused absence of Councilmember Franklin from December 16, 1996 Council Meeting BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 97-082 - SUMMER LUNCH PROGRAM Motion: Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $44,610.00 in California Department of Education funds and appropriating same for the Summer Lunch program - Finance and Management Services FILE APAD 20.B. APPROPRIATION ADJUSTMENT 97-085 - 1935 E. 17TH - HOME PLACE SHOPPING CENTER Motion: 1. Direct the City Attorney to prepare and the Mayor and Clerk to execute agreement. ENVIRONMENTAL IMPACT REPORT PREPARATION - HOME PLACE SHOPPING CENTER - 1935 E. 17TH - With Phil Martin and Associates in an amount not to exceed $66~797.00 - Planning and Building Agency AGMT 96-140 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $66,797.00 in revenue funds in EIR review fees for 1935 E. 17th and appropriating same to contractual services for preparation of draR EIR with Phil Martin and Associates - Finance and Management Services FILE APAD CITY COUNCIL MINUTES 370 DECEMBER 16, 1996 CONSENT CALENDAR 20.C. Motion: APPROPRIATION ADJUSTMENT 97-083 - 17TH STREET IMPROVEMENTS BETWEEN WILLIAMS & TUSTIN Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements and any other required documents. CONSTRUCTION FUNDING - 17TH STREET IMPROVEMENTS - With ICI Development Company in the amount of $217,000.00 - Public Works Agency AGMT 96-141 DEDICATION OF STREET RIGHT-OF-WAY FOR EASTBOUND RIGHT- TURN LANE ON 17TH AT TUST1N - With ICI Development Company - Public Works Agency AGMT 96-142 2. Approve appropriation adjustment. (Requires five affirmative votes) Accepting a $217,000.00 donation from ICI Development Company and appropriating same for 17th Street improvements (PROJ 1707) - Finance and Management Services FILE APAD (Councilmember Moreno abstained on both motions.) SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. 22.A. COMPUTER PAPER - CENTRAL STORES - To Moore Business Forms for a 12- month renewal period in the estimated amount of $25,000.00 - Finance and Management Services SPEC 95-041 22.B. FITNESS EQUIPMENT - POLICE ADMINISTRATION AND HOLDING FACILITY (JAIL) - To the following in the amounts indicated - Finance and Management Services SPEC 96-083 Busy Body $73,839.28 Life Fitness 21,106.00 Tetrix Fitness 4,730.22 22.C. FIRE PUMPERS (2) - To Boise Mobile Equipment under the City of Boise, Idaho bid process in the amount of $573,700.69 - Finance and Management Services SPEC 96-099 CITY COUNCIL MINUTES 371 DECEMBER 16, 1996 CONSENT CALENDAR AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. LANDSCAPE MAINTENANCE - FREEWAY RAMP AREAS - With the State of California Department of Transportation - Public Works Agency AGMT 96-143 25.B. PARAMEDIC DRUGS AND SUPPLIES - Amendment with Western Medical Center to extend the agreement and increase contract to an amount not to exceed $66,675.00 - Fire Department AGMT 96-144 25.C. ANNUAL TESTING AND INSPECTION SERVICES - VARIOUS CAPITAL IMPROVEMENT PROJECTS - With Montafia Testing & Geotechnical, Inc. in an amount not to exceed $244,145.00 - Public Works Agency AGMT 96-145 25.D. ELECTRONIC SECURITY MAINTENANCE - POLICE ADMINISTRATION AND HOLDING FACILITY (JAIL) - With Cardkey Integrated Systems Group for a two-year period in the amount $285,500.00 with option for three one-year renewal periods - Police Department AGMT 96-146 LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Receive and file staff reports and adopt findings as submitted by staff 31.A. CUP 96-022 - 2731 N. Grand Avenue - Filed by L.A. Cellular to allow a 61-foot high cellular receiving and transmitting antenna facility in Arterial Commercial (C5) zoning district - Planning and Building Agency Planning Commission Action: Approval (Councilmembers Espinoza and Moreno voted "NO.") FILE CA FINAL PARCEL / TRACT MAPS Motion: Approve final parcel map and accept dedications thereon. 33.A. PARCEL MAP 95-173 - 3600 W. McFadden - To allow the division ora vacant commercial property into 10 parcels - Public Works Agency FILE CA CITY COUNCIL MINUTES 372 DECEMBER 16, 1996 CONSENT CALENDAR Motion: 33.B. Approve final parcel map, a subdivision agreement and bonds, and accept the dedications thereon. PARCEL MAP 96-184 - 2000 E. 17th - Centre on 17th Street - Subdivides a single parcel consisting of 21.53 acres of land into five parcels to allow subdivision of an existing site - Public Works Agency (Councilmember Moreno abstained.) FILE PMAP "* * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR ORDINANCES FIRST READING 50.A. Motion: SPEED LIMITS - REVISIONS Place ordinance on first reading and authorize publication o f title. ORDINANCE NS-2311- An ordinance of the City of Santa Aha revising the prima facie speed limits for streets in the City as set forth in Article VII of Chapter 36 of the Santa Ana Municipal Code - Public Works Agency MOTION: Richardson VOTE: AYES: NOES: ABSENT: Franklin SECOND: Lutz Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson None FILE CA 50.B. USE OF OF OTHER GOVERNMENTAL AGENCY PURCHASING CONTRACTS Continue ordinance to January 6, 1997 Council meeting. ORDINANCE NS-2312 - An ordinance of the City of Santa Ana amending Section 2-807 of the Santa Ana Municipal Code to add an exception to bidding requirements to permit bulk purchases at discount by agreement with approved governmental vendors - City Attorney MOTION: McGuigan SECOND: Lutz VOTE: AYES: Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: Franklin FILE CA CITY COUNCIL MIN1JTES 373 DECEMBER 16, 1996 PUBLIC HEARINGS 75.A. GENERAL PLAN AMENDMENT 96-010- 1801 S. STANDARD FILED BY FREMONT ASSOCIATES GENERAL PLAN AMENDMENT 96-10 to amend the Land Use Element of the General Plan to increase the floor area ratio from 0.4 to 0.45 in a Light Industrial (M1) zoning district Legal Notice published in The Register and mailed on December 6, 1996 The Mayor opened the public hearing regarding General Plan Amendment 96-010 at 6:32 p.m.. Presentation of staff report and staff comments by Planning and Building Agency Planning Manager Ken Adams Presentation of written communications by Clerk of the Council Janice C. Guy: One Gerard Viollet dated December 9, 1996 There were no speakers on the matter. The Mayor closed the public hearing at 6:39 p.m.. Motion: Adopt resolution. RESOLUTION 96-106 - A resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan to change the maximum floor area ratio for property located at 1801 South Standard Avenue (GPA 96-10) - Planning and Building Agency MOTION: Lutz VOTE: AYE S: NOES: ABSENT: Franklin SECOND: McGuigan Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson None FILE CA CITY COUNCIL MINUTES 374 DECEMBER 16, 1996 PUBLIC HEARINGS 75.B. APPEAL APPLICATION 96-05 - VA 96-05 - 3600-3790 W. MCFADDEN - RIVERVIEW WEST MARKET PLACE FILED BY WAL'MART VA 96-005 to allow two signs exceeding height standards for the Riverview West Market Place Legal Notice mailed on December 6, 1996 The Mayor opened the public hearing regarding Appeal Application 96-05 and Variance 96-05 at 6:40 p.m.. Presentation of staff report and staff comments including modified variance conditions by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: None Bill Kenney spoke in favor of Appeal Application 96-05; there were no other speakers on the matter. The Mayor closed the public hearing at 6:45 p.m.. Motion: 1. Modify the conditions of approval in the staff report to read as follows: Condition 2 - The maximum height of the pylon sign on Harbor Boulevard shall not exceed 25 feet; the width of the sign panels shall not exceed 10 feet. Condition 3 - The maximum height of the pylon sign on McFadden Avenue shall not exceed 20 feet; the width of the sign panels shall not exceed eight feet. Condition 6 - The maximum number of tenant identification signs shall not exceed six (Wal'Mart and five tenants, not including center name). All panels shall be used exclusively by tenants with store sizes of 10,000 square feet or larger. Condition 7 - The total copy area (excluding the center name) shall not exceed 100 square feet for each sign face of the 20 foot high pylon sign and 157.5 square feet for each sign face of the 25-foot high pylon sign. 2. Direct the City Attorney to prepare a resolution denying Appeal Application 96-05 and approving Variance 96-5 as conditioneck and adopt the findings as submitted by staff.. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Franklin CITY COUNCIL MINUTES SECOND: Richardson Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson None FILE CA 375 DECEMBER 16, 1996 COMMENTS 90.A. PUBLIC COMMENTS The following persons requested Council support and assistance in securing funds for the TKO Boxing Club: Mary Lara Edgar Vargas Rafael Cruz Joey Guzman Manuel Villa Ides Perez John Raya Margaret Fards commented on a number of subjects, including but not limited to: access to Orange County Transit Authority's transportation system for seniors and disabled persons, new computer equipment at Fullerton College, and support for the TKO Boxing Club; and wished everyone "Happy Holidays!" In response to the request of Ron Cooke, Adriana Provens, and Vi Benavides for assistance in forming a permit parking district and/or removal of parking meters in the Willard Neighborhood, Mayor Pro Tem Richardson and Councilmember Lutz volunteered to meet with the appropriate staffmembers and the speakers to work out a solution to the neighborhood's parking problems. Jim Walker noted a significant decrease in tobacco use in California and commended the City Council for its actions to promote non-smoking in Santa Ana. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno requested the Clerk to place repeal of last year's water and sanitation rate increases on the January 6, 1997 agenda for Council's consideration. He wished everyone (as did all the Councilmembers) a Happy Holiday Season. In response to Councilmember Espinoza's inquiry as to when several burned-out houses on S. Bristol Street would be razed; City Manager Ream indicated he would forward a report to Council the next day. Espinoza also reported a large wooden box creating a safety hazard on Alton immediately west of Bear Street and requested staff investigate. Mayor Pro Tern Richardson: requested a meeting with the City Attorney and Code Enforcement staff regarding 1600 E. 17th Street; asked that landscaping along the flood control channel on S. Flower Street be considered in next year's budget; CITY COUNCIL MINUTES 376 DECEMBER 16, 1996 commended Recreation and Community Services staff on attainment of the "Professional Landscape of the Year" Award for Madison Park; and urged the audience to exercise fire safety precautions with Christmas trees. Councilmember McGuigan reiterated Richardson's comments regarding the Madison Park award, and urged the listening audience not to "drink and drive" during the Holidays. Councilmember Lutz: reported that asbestos removal was delaying the demolition of the burned-out houses on S. Bristol Street; requested Code Enforcement staff investigate an apparent junk yard on 1 st Street west of Standard; encouraged everyone to check their smoke detector batteries, particularly in light of increased fire hazards during the Holiday Season; and suggested the Mater Dei High School football team be recognized at an upcoming Council meeting for winning the CIF Division I title. Mayor Pulido instructed the Clerk to prepare appropriate recognition of the Mater Dei football team and noted a large number of positive events scheduled for the Holidays such as the Floral Park Christmas Concert. CLOSED SESSION - NONE RECESS - 7:25 P.M. - To Antonello Ristorante for Council Christmas Dinner (No-host), 1611 W. Sunflower, Santa Ana Mayor Pulido, Councilmembers Lutz and McGuigan, City Manager David Ream, City Attorney Joseph Fletcher, and Clerk of the Council Janice Guy and their respective spouses gathered at Antonello Ristorante for the annual Council Christmas Dinner. Since a quorum was not constituted, the meeting was adjourned. TIME OF .ADJOURNMENT- 8:10 P.M. Clerk of the Council CITY COUNCIL MlNUTES 377 DECEMBER 16, 1996