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Home My WebLink About05-05-1997MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 5, 1997 CALLED TO ORDER ATTENDANCE CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:04 P.M. COUNCILMEMBERS Present: MIGUEL A PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern TONY ESPINOZA BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO Absent: NONE STAFF: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE INVOCATION Chaplain Warren Johnson Police Department EMPLOYEE AWARDS Mayor PULIDO 20 Years of Service Josephine LaQuay Redevelopment Project Manager Community Development Agency Robert Ramos Tree Trimmer Public Works Agency CITY COUNCIL MINUTES 132 MAY 5, 1997 PRESENTATIONS Mayor's Exceptional Citizen Award presented by MAYOR PUL]DO to Judy Fluor- Runels Certificate recognizing Mercy House Transitional Living Centers for providing transitional housing and comprehensive resident support services through Regina House, Joseph House and Emmanuel House presented by MAYOR PUL]DO to Mercy House Executive Director Larry Haynes Certificate recognizing Home,Md and Orange County Building Industry Association for their leadership in securing labor, materials and consulting services for the completion of the Emmanuel House project presented by MAYOR PUL]DO to HomeAid Executive Director Michael Lennon Certificate recognizing HomeAid's Builder, Captain John Laing Homes, for its dedication and leadership in overseeing the construction of the Emmanuel House project presented by MAYOR PUL]DO to Director of Product Development Dan Nahabedian Proclamation declaring May 11-17, 1997 as "Peace Officers' Memorial Week" presented MAYOR PULIDO to Police Captain Bruce Carlson Certificate recognizing $1,500.00 donation to benefit Santa Ana AmeriCorps Learning Centers presented by MAYOR PRO TEM RICHARDSON and Library Executive Director Rob Richard to Downtown Santa Ana Kiwanis Club President Dr. Brad Turner Proclamation declaring June 1, 1997 as "Stand For Healthy Children Day" presented by COUNCILMEMBER MCGUIGAN to Stand For Children Action Committee Member Diane Anderson Certificate recognizing Roosevelt Elementary School for winning a State Superintendent of Schools Title 1 Achieving School Award presented by COUNCILMEMBER MCGUIGAN to Roosevelt Elementary School Principal Nadine Rodriguez and Assistant Principal Elaine Keely Certificates recognizing Century High School Coed Cheerleading Squads for winning the 1997 USA Spirit Nationals Championship presented by COUNCILMEMBER ESPINOZA to Squad Advisor Judy Kooi and the following Squad Members: Varsity Johnny Benavides, Co-Captain Vanessa Benavides Salvador Bernal Vanessa Carrillo Jackie Guillen Molly Guillen, Pep President Rian Hopkins, Co-Captain Andy La Bonte CITY COUNCIL MINUTES 133 MAY 5, 1997 Bryce Markovitz, Co-Captain Jasmine Quesada Angela Rodriguez Brenda Salas Victor Salazar Glen Tamura, Co-Captain Junior Varsity Allison Doyle Nichole Maraz Nicholas Medina Jessica Orozco CITY/SCHOOL PARTNERSHIP PROGRAM Student Presentation by Santa Ana High School Student Leta Espinosa Certificate of Recognition presented by COUNCILMEMBER FRANKLIN to Leta Espinosa CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Abstention on Item 22.A. by Councilmember Espinoza. 2. Removal of Item 20.C. for separate action. Approve staff recommendations on the following Consent Calendar Items. Motion: MOTION: Espinoza VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None Ilems re~nox ed for separate action are highlighted and show the actual vote v, crc passed as pal'l of the consent motion. ltelllS ~,JIJlOLJI votes MINUTES Motion: 10.A. CITY COUNCIL MI1NUTES ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETiNG OF APRIL 21, 134 1997 MAY 5, 1997 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. Motion: DISCOVERY SCIENCE CENTER - 2522 N. MAIN - DEVELOPMENT AGREEMENT 97-01 - VA 97-03 (Placed on first reading on April 21, 1997 by a 7/0 vote ) Published in the O.C. Reporter on April 25, 1997 1. Place ordinance on second reading and adopt. ORDiNANCE NS-2320 - An ordinance of the City of Santa Ana approving a development agreement between the City of Santa Ana and Discovery Science Center - Planning and Building Agency AGMT 97-052 2. Adopt resohttion. RESOLUTION 97-020 - A resolution of the City Council of the City of Santa Ana approving Variance No. 97-03, to allow relief'from certain parking, setback, and landscaping requirements for the Discovery Science Center located at 2522 North Main Street - Planning and Building Agency FILE CA ll.B. Motion: CUP 97-01 - ABC LICENSE - CHEVRON STATION - 2650 N. GRAND Confirms Council action of April 21, 1997 of a 5/2 vote with Espinoza and Moreno dissenting. 1. Adopt resolution. RESOLUTION 97-021 - A resolution of the City Council of the City of Santa Ana denying Conditional Use Permit Application No. 97-01, which sought to allow the sale of beer and wine for off-premise consumption at a Chevron Gas Station located at 2650 North Grand Avenue - Planning and Building Agency FILE CA CITY COUNCIL MINUTES 135 MAY 5, 1997 CONSENT CALENDAR 13.A. Motion: BOARDS/COMMISSIONS/COMMITTEES VACANCY REPORT AS OF APRIL 30, 1997 Instruct Clerk to enter report into the Minutes. Community Redevelopment/Housing Commission Human Relations Commission Library Board Private Industry Council 2 3 3 4 TOTAL 12 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The April 21, 1997 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on April 16, 1997. 15.B. Robert Ostberg's resignation from the Library Board effective April 28, 1997 by memo dated March 31, 1997 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on April 29, 1997. MAYORAL PROCLAMATIONS Motion: Declare and instruct Clerk to enter proclamations into Minutes. 16.A. Declaring the month of May as "Better Speech and Hearing Month" at the request of Orange County Chapter Self Help for Hard of Hearing People (SHIdH) and commending SHHH for helping people of all ages who suffer from heating loss 16.B. Commending the Mexican Consular Agency on its 10th Anniversary of service to the Santa Ana community and The Reverend Monsignor Jaime Soto, Vicar for the Hispanic Community of Orange County, and Police Officer Jose Vargas as Ohtli Recognition recipients for their altruistic labor in the community. 16.C. Declaring the week of June 1-8, 1997 as "Santa Ana Small Business Week" and commending all the small businesses in Santa Ana for their valuable contributions to the City CITY COUNCIL MINUTES 136 MAY 5, 1997 CONSENT CALENDAR MISCELLANEOUS - ADMINISTRATION 19.A. INVESTMENT REPORT Motion: Receive and file report. Quarterly Report of City's Investments as of March 31, 1997 - Finance and Management Services FILE CA BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 97-137 - ANTI-CRIMINAL ACTIVITY FUND Motion: Approve appropriation adjustment. (Reqtdres five affirmative votes) Recognizing $713,860.00 in unanticipated revenue from the Federal Equitable Sharing program and appropriating same to various Anti-Criminal Activity expenditure accounts - Finance and Management Services FILE CA 20.B. Motion: APPROPRIATION ADJUSTMENT 97-148 - COMPUTER NETWORK ANALYZER 1. Approve in accordance with Request for Council Action. COMPUTER NETWORK ANALYZER - INFORMATION SERVICES - To Anixter, Inc. using the California Multiple Award Schedules (CMAS) in the amount of $21,677.21 - Finance and Management Services SPEC 97-034 2. Approve appropriation adjltstment. (Requires five affirmative votes) Recognizing $94,540.00 in service charges in the Communication Services fund and appropriating same for network needs, including file servers, cabling, network analyzer, training and maintenance - Finance and Management Services FILE CA CITY COUNCIL MINUTES 137 MAY 5, 1997 CONSENT CALENDAR In response to Councilmember Espinoza's query, City Attorney Joseph Fletcher indicated Espinoza did not have a conflict of interest and might vote on the Lunch Program item, notwithstanding the fact that his wife was Santa Ana Unified School District Board Member. Motion: 1. Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. SUMMER LUNCH PROGRAM - With the California Department of Education in the amount of $80,370.00 - Recreation and Community Services AGMT 97-053 SUMMER LUNCH PROGRAM - With Santa Ana Unified School District in the amount of $1.95 per lunch served for a estimated total of 36,000 lunches - Recreation and Community Services AGMT 97-054 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $80,370.00 in California Department of Education funds and appropriating same to the Summer Lunch Program - Finance and Management Services FILE CA MOTION: Espinoza SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None GRANT APPLICATIONS 21.A. CONSOLIDATED PLAN FOR HOUSING & URBAN DEVELOPMENT (HUD) Approve and authorize submittal to the U. S. Department of Housing and Urban Development. Consolidated Plan (a single comprehensive planning and application document) for such programs as the HOME Program, the Community Development Plan, the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and Housing Opportunities for Persons With AIDS (HOPWA) - Community Development Agency FILE CA CITY COUNCIL MINUTES 138 MAY 5, 1997 CONSENT CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. 22.A. PHOTOGRAPHIC SUPPLIES - To Graphic Distributors utilizing a cooperative contract with the County of Orange for a final renewal period in an amount not to exceed $48,000.00 - Finance and Management Services (Councilmember Espinoza abstained.) SPEC 94-090 22.B. STREET SWEEPER PARTS - FLEET MAINTENANCE - To Nixon Egli Equipment Co for a one-year period with provision for two one-year renewals in the estimated annual amount of $72,660.00 - Finance and Management Services SPEC 9%019 22.C. CUSTODIAL SERVICE - REGIONAL TRANSPORTATION CENTER - To Bell Building Maintenance for a three-year period with provision for two one-year renewals in the estimated annual amount of $47,626.00 - Finance and Management Services SPEC 97-021 22.D. VEHICLE LUBRICATION EQUIPMENT - FLEET SERVICES - To Orange Coast Petroleum Equipment Co., Inc. in the amount of $14,883.21 - Finance and Management Services SPEC 97-028 22.E. BADGES AND MEDALS - POLICE AND FIRE DEPARTMENTS - To Entennman-Rovin Co. in an amended amount not to exceed $18,500.00 - Finance and Management Service SPEC 97~037 22.F. Withdraw award.. EXTENDED CAB PICKUP TRUCK - POLICE DEPARTMENT - With Tom Bell Chevrolet in the amount of $22,701.39 - Finance and Management Services SPEC 96-117 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Requests for Council Action. 23.A. JOHN GARTHE RESERVOIR SITE IMPROVEMENTS AND LANDSCAPING - To Excel Paving Company in the estimated amount of $328,993.15 with total estimated construction cost of $452,600.00 - Public Works Agency PROJ 3167 CITY COUNCIL MINUTES 139 MAY 5, 1997 CONSENT CALENDAR MISCELLANEOUS- BUDGET 29.A. PUBLIC ENTITY PROPERTY INSURANCE PROGRAM (PEPIP) Motion: Approve. City's continued membership in the Public Entity Property Insurance Program from May 15, 1997 to May 15, 1998 at a premium cost of $950,932.00 - Personnel Services FILE CA LAND USE MATTERS CONDITIONAL USE PERMITSNARIANCESfPARKING WAIVERS Motion: Receive and file staff reports as conditioned and adopt the findings as submitted by staff. 31.A. CUP 97-09 AND VA 97-05 - 1835 W. First St. - Filed by Jerry Greubel to construct a self-service car wash on a substandard-sized commercial lot in the General Commercial (C2) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CA 31.B. VA 97-08 - 2515 N. Main - Filed by MDO Properties, Inc. to grant relief from the wall requirements along the northern and eastern property lines for the proposed Applebee's Neighborhood Grill and Bar Restaurant in the Professional (P) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CA * *" END OF CONSENT CALENDAR CITY COUNCIL MINUTES 140 MAY 5, 1997 BUSINESS CALENDAR ORDINANCES FIRST READING 50.A. ZOA 97-02 - REDUCTION OF XERISCAPE LANDSCAPE REQUIREMENTS FOR SMALL LANDSCAPE AREAS Xeriscape is a type of landscaping that minimizes the amount of water needed for its maintenance. Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2321 - An ordinance of the City of Santa Ana amending Section 41-1501 of the Santa Ana Municipal Code regarding water efficient landscape standards - Planning and Building Agency MOTION: McGuigan SECOND: Lutz VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None FILE CA RECESSED TO COMMUNITY REDEVELOPMENT AGENCY FOLLOWED IMMEDIATELY BY THE HOUSING AUTHORITY - 6:56 P.M. RECONVENED - 7:51 P.M. COMMENTS 90.A. PUBLIC COMMENTS Miles Leach noted the May 14 and 15 Council meetings would be held in the new Police Department facility and inquired about parking and the public's ability to attend the meeting. Sean Mill commented that his vision of the City included streets in good repair and a safe city, expressed concern that Santa Ana's "State of the City" address by the Mayor would be delivered in Irvine, and asked the Mayor, in his capacity as an Orange County Transportation Authority board member, to oppo§e the appointment of former Councilmember Mills as Chief Executive Officer of the Authority. Mayor Pulido concurred with Mill that the Chamber of Commerce's decision to use a facility in Irvine as the site for Santa Ana's "State of the City" address was inappropriate. CITY COUNCIL MINUTES 141 MAY 5, 1997 Richard Brandt suggested the City acquire Flower Park from the Santa Ana School District, and the transfer of a liquor license at 902 W. First Street be conditioned to require removal of exterior public phones. Councilmembers Franklin and Lutz agreed to follow up on Brandt's suggestions. Alberta Christy encouraged the audience and Council to attend the first annual Communication Linkages family picnic at Centennial Park on May 18, 1997 between 12:00 noon and 5:00 p.m. and described activities planned for the event. Florence Leach observed the Orange County Sanitation Districts had proposed a very large increase in Santa Ana's sewer rates and opined the increase in sewer rates should be voted on by the people. 90.B. CITY COUNCIL COMMENTS Councilmember Franklin: requested the Mayor write the City's state legislators urging them to help expedite landscaping improvements along the recently widened Interstate 5 Freeway, congratulated the Floral Park Neighborhood on its successful Home and Garden Tour and the Downtown Santa Aha Kiwanis on their well-attended Pancake Breakfast; - suggested organized non-profit groups such as the Boys and Girls Club be encouraged to paint house numbers along curbs as a project; - noted the Palm Court project was underway and that Main Street had been resurfaced and parking restored; and - reported his attendance at the commemoration of the fall of Vietnam at the Vietnamese Community Center. Councilmember Lutz: - noted information regarding "Celebrate Santa Ana" scheduled for May 16-18 could be had by contacting Judy Hutchinson at (714) 667-2260; indicated Santa Ana High School alumni and interested volunteers should contact Elsa Galvan at (714) 567-4910 regarding a "Dollars for Scholars" information meeting scheduled for May 15 at the Santa Ana High School Counseling Center; reported he and Councilmembers Franklin and Moreno would be meeting with City Attorney Joe Fletcher and Planning Manager Ken Adams regarding vehicular access to Knowlwood Restaurant on 17th Street; and CITY COUNCIL MINUTES 142 MAY 5, 1997 - asked staffto provide a comprehensive report on the architectural design charette sponsored by Orange County on May 2-4 at the Old County Courthouse. Councilmember McGuigan: - reported she had attended the design charette and that the results would be shared with the neighborhoods; - indicated she was working tO lower the sewer rate increase proposed for Santa Ana by the Orange County Sanitation Districts; commended the City and those involved in the Special Olympics Field and Track Meet at Mater Del High School for their long-term support and for providing an excellent opportunity for disabled and normal athletes to interact; and - reminded the audience of the upcoming commemoration of Memorial Day at the Santa Ana Cemetery on May 26. Mayor Pro Tem Richardson: noted the success of the second annual "Pedal Santa Ana" Bike-A-Thon sponsored by the Boys and Girls Club and thanked all involved for their support; - encouraged the audience to attend the upcoming May 17 and 18 French Park Home tour; requested the Council schedule a Code Enforcement work study session following the Council's budget study sessions that would include discussion of strategies to decrease proliferation of illegal banners and signs; and - asked staffto investigate using a portion ora $700,000 Police grant to install a vehicle video system that he felt would increase officer safety. Councilmember Espinoza: - informed the audience that St. Joseph Ballet would be performing at the University of California, Irvine Barclay Theater May 28-31 and that tickets could be obtained by calling (714) 541-8314; and - suggested that sidewalk, median and park maintenance be coordinated with street sweeping along Raitt Street across from John Adams Elementary School. In response to Councilmember Moreno's inquiry, City Attorney Fletcher indicated an ordinance regulating abandoned shopping carts would be ready for the May 19 or June 2 Council meeting. CITY COUNCIL MINUTES 143 MAY 5, 1997 Councilmember Moreno: - requested the sidewalks on Main Street between Murphy and Sunflower be cleaned; - asked for an update on the proposed Orange County light rail system at a future Council meeting; - noted budget study sessions would be held soon and urged the Council to restrain City spending; and - requested City Manager Ream to provide Council with copies of invoices relating to Mayor Pulido's official travel for the last two years. Mayor Pulido: requested City Manager Ream to include the following details in Council- member Moreno's above request: names of individuals accompanying the Mayor, names of meeting participants, programs discussed, and a listing of federal grant monies allocated to Santa Aha; - reported Santa Ana was one of the 100 cities nationwide selected to participate in President Bill Clinton's recent "Volunteer Summit"; and reiterated that his positions as the City's mayor and as an Orange County Transportation Authority Director behooved him to advocate on behalf of the City and the Authority to ensure that Santa Ana and the Authority receive their fair share of competitive federal grant monies. CLOSED SESSION - ROOM 147 - 8:34 P.M. 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 May 5, 1997 Council meeting. 95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Shamier-Ford v. City of Santa Ana LASC Case No. YC011763 Angel Lara v. City of Santa Ana WCAB Case Nos. 90ANA241149 and 86ANAl7446 Patrick Pierson v. City of Santa Ana WCAB Case Nos. 96AHM005439 and 92POM212334 et al CITY COUNCIL MINUTES 144 MAYS, 1997 95.B. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 95.C. Agency Negotiator: Kathie Romero Employee Organization: Police Officers Association CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 1 case CLOSED SESSION REPORT - COUNCIL CHAMBERS - 8:50 P.M. Motion: 95.A. Authorize settlements as follows: Angel Lara v. City of Santa Ana WCAB Case Nos. 90ANA241149 and 86ANAl7446, the amount of $31,500. compromise and release in Patrick Pierson v. City of Santa Ana WCAB Case Nos. 96AHM005439 and 92POM212334 et al, compromise and release in the amount of $35,000. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ADJOURNMENT - 8:52 P.M. - To 5:30 p.m., Wednesday, May 14, 1997 and Thursday, May 15, 1997 in the Community Meeting Room at the Police Administration and Holding Facility, 60 Civic Center Plaza, Santa Ana, CA uy CITY COUNCIL MINUTES 145 MAY 5, 1997