HomeMy WebLinkAbout04-19-1999MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 19, 1999
At 6:00 p.m. in the Council Chambers, 22 Civic Center Plaza, Deputy Clerk of the Council
Maria Ruano announced the City Council would meet in the Community Room of the
Police Administration Building for a Work Study Session and declared the City Council
meeting adjourned to the Santa Ana Police Community Room, 60 Civic Center Plaza, to
convene at 6:15 p.m. or as soon as possible thereafter.
CALLED TO ORDER
ATTENDANCE
POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
6:25 P.M.
COUNCILMEMBERS present:
MIGUEL A. PULIDO, Mayor
TOM LUTZ, Mayor Pro Tem
LISA BIST
ALBERTA CHRISTY
BRETT FRANKLIN
PATRICIA A. McGUIGAN
TED MORENO
Absent:
None
STAFF present:
DAVID N. REAM, City Manager
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
PLEDGE OF ALLEGIANCE
CONSENT CALENDAR
Items 22.D., 25.A., and 31.A. were removed from the Consent Calendar for separate
action. Items removed for separate action or modified are highlighted. Separate actions
show the actual vote. Items without votes were passed as part of the Consent Motion.
CITY COUNCIL MINUTES
112 APRIL 19, 1999
CONSENT CALENDAR
Consent
Motion:
Approve staff recommendations on the following Consent Calendar
items.
MOTION: McGuigan SECOND: Christy
VOTE: AYES:
NOES:
Bist, Christy, Franklin, Lutz, McGuigan, Pulido
None
ABSENT: Moreno
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes.
10.A. SPECIAL MEETING OF APRIL 5, 1999
10.B. REGULAR MEETING OF APRIL 5, 1999
Note: City Council Minutes are available at the following website:
www.ci.santa-ana.ca.us/mayor/min utes. htm
BOARDS/COMMISSIONS/COMMITTEES
13.A. VACANCY REPORT-APRIL 14, 1999
Motion: Instruct Clerk to enter report into the Minutes.
Boards/Commissions
Cable Advisory Television Board 2
Community Redevelopment/Housing Commission 1
Environmental and Transportation Advisory 1
Committee
Human Relations Commission 1
Library Board 3
Recreation and Parks Board 1_
TOTAL 9
Vacancies
CITY COUNCIL MINUTES 113 APRIL 19, 1999
CONSENT CALENDAR
13.B. ATTENDANCE REPORT
Motion: Continue to May 3, 1999.
Biannual Attendance Report October 1998 through March 1999 - Clerk
of the Council - Clerk of the Council
CLERK OF THE COUNCIL POSTING REPORT
The following notices were posted pursuant to the Brown Act and the Maddy Act. Council
Agendas and Board and Commission resignations are posted on the door of the Council
Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at
20 Civic Center Plaza.
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15,A.
15.B.
Council Meeting Meeting Date Time
Aqendas Date Posted Posted
City Council Agenda 04/05/99 03/31/99 3:30 p.m.
City Council Closed Session 04/05/99 04/01/99 5:25 p.m.
Agenda
15.C. Notice of Special Meeting 04/05/99 04/01/99
15. D. Notice of Adjournment 04/05/99 04/06/99
5:25 p.m.
9:10 a.m.
15.E.
Council Committee Meeting Date Time
Aqendas Date Posted Posted
Youth Alt & Development 04/14/99 04/09/99 8:50 a.m.
15.F.
Board and Commission Effective Date Time
Resiqnations Date Posted Posted
John Walker- Library Board 04/07/99 04/07/00 5:00 p.m.
MAYORAL PROCLAMATIONS/CERTIFICATES
Motion: Declare and instruct Clerk to enter proclamations into the Minutes.
Honoree Date
16.A. Lou Correa Grand Opening 04/08/99
16.B. Peter R. Villegas 04/10/99
16.C. Estrellas Awardees 04/10/99
16. D. NCB4 Health Fair Expo 04/10/99
16.E. Gwendolyn Frank 04/11/99
16.F. Jackson Elementary School 04/16/99
CITY COUNCIL MINUTES 114 APRIL 19, 1999
CONSENT CALENDAR
16.G. Julie McCormick- Reading City 04/16/99
16.H. Arbor Day - Monte Vista School 04/16/99
16.1. Joe Churnside 04/16/99
16.J. Judy Stucker 04/16/99
16.K Elena Bantugan 04/16/99
16.L. Mexican American Opportunities Fndtn. 04/17/99
16.M. Interested Citizens Group of OC 04/17/99
16.N. Martinez Books and Art Gallery 04/17/99
MISCELLANEOUS ADMINISTRATION
19.A. CLOSED SESSION REPORT
Note: This item is reserved for the City Attorney's report on actions taken in
Closed Session.
No items were reported out of the April 19, 1999 Adjourned Regular
Meeting.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 1999-187 - EMPOWERMENT ZONE
Motion: 1. Authorize.
Mayor to execute a Memorandum of Agreement and Grant Agreement
with the U.S. Department of Housing and Urban Development -
Community Development Agency AGMT 1999-080A-E
AG~;T 1999-080F
2. Approve appropriation adjustment. (Requires five affirmative
votes)
Recognizing $3 million in federal Empowerment Zone funds and
appropriating same to the City's Empowerment Zone - Finance and
Management Services
3. Authorize.
City Manager to draw down funds and execute all necessary documents
and agreements to implement Empowerment Zone Strategic Plan,
CITY COUNCIL MINUTES 115 APRIL 19, 1999
CONSENT CALENDAR
3. Adopt resolution.
RESOLUTION 1999-018 - A resolution of the City Council of the City of
Santa Aha to amend the current annual budget to allocate additional
positions in the Community Development Agency - Personnel Services
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Request for Council Action.
22.A.
VEHICLE BODY REPAIR - FLEET MAINTENANCE - To the following
in the estimated aggregate amount not to exceed $95,000 - Finance
and Management Services SPEC 97-102
Doffo Automotive, Inc.
K.C. Auto Body & Paint
Hi-Tech Auto Collision
22.B.
LEASING OF UTILITY VEHICLES (5)- FIRE DEPARTMENT-To the
following for a 48-month closed-end lease in the amounts indicated -
Finance and Management Services SPEC 1999-022
Guaranty Chevrolet Motors
Theodore Robins Ford (4)
$32,318.40
88,275.84
22.C.
CiViC CENTER LIGHTING REPAIR RECREATION AND
COMMUNITY SERVICES - To Williams & Maher, Inc. for a one-year
period with provision for two one-year extensions in the estimated
annual amount of $48,000 - Finance and Management Services
SPEC 1999-028
22.D. COLOR COPIES - VARIOUS DEPARTMENTS
Mayor Pro Tem Lutz reported Kinko's had declined to locate a store in downtown
Santa Ana and suggested other photocopy vendors be encouraged to do so.
Motion: Award in accordance with Request for Council Action.
To Kinko's to increase current contract by $8,000.00 for an annual total
of $18,000.00 - Finance and Management Services
SPEC 1999-043
CITY COUNCIL MINUTES 116 APRIL 19, 1999
CONSENT CALENDAR
MOTION: Lutz
VOTE: AYES:
NOES:
NOT VOTING:
SECOND: Bist
Bist, Christy, Franklin, Lutz, McGuigan, Pulido
None
Moreno
22.E.
REPAIR OF GE PORTABLE RADIOS - POLICE DEPARTMENT - To
Hi-Desert Communications to increase the aggregate contract limit in
the estimated amount of $20,000.00 - Finance and Management
Services SPEC 1999-054
AGREEMENTS
25.A. MANAGEMENT AGREEMENT AMENDMENT
Teresa Maldonado-Parker opined that the Bowers Museum was discriminatory in
its exhibition policies toward Latinos and urged more accountability by the
Museum.
Art Pedroza echoed Ms. Maldonado-Parker"s concerns regarding accountability by
the Museum and suggested the Museum adhere to its existing agreement with the
City.
The following speakers expressed support for the Museum, commenting on the
quality and content of exhibits, attendance, and the difficulties of operating a
museum; and urged the Council to approve the proposed management agreement
that would provide additional funding to the Museum for a five-year period:
Genevieve Southgate; Ruth Siegle; Peter Keller, Bowers Museum Executive
Director; Lowell Martindale, Chairman of the Museum Board
Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of
the Council to execute agreement.
With Charles W. Bowers Museum Corporation Community
Development Agency AGMT 1999-060
MOTION: Pulido SECOND: Lutz
VOTE: AYES:
NOES:
Bist, Christy, Franklin, Lutz, McGuigan, Pulido
None
NOT-VOTING: Moreno
CITY COUNCIL MINUTES 117 APRIL 19, 1999
CONSENT CALENDAR
RECESS - 7:24 P.M. TO 7:29 P.M. Next item discussed was 31.A.
AGREEMENTS continued
Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of
the Council to execute agreements.
25.B.
TEMPORARY PLANNING AND DEVELOPMENT SERVICES - With
Hogle-lreland, Inc. for an amendment in the amount of $35,000.00 for
a total contract amount not to exceed $120,000.00 - Planning and
Building Agency AGMT 1999-061
25.C.
INSTALLATION OF A COMMUNICATION CONDUIT IN RAILROAD
RIGHT OF WAY - With Burlington Northern and Santa Fe Railway
Company - Public Works Agency AGMT 1999-062
25.D.
TRAFFIC COUNTING SERVICES (PROJ 5512) -With Southland Car
Counters in an amount not to exceed $25,000,00 annually with a option
to extend the agreement for one additional year - Public Works Agency
AGMT 1999-063
25.E.
MEMORANDUM OF UNDERSTANDING - SAFE SCHOOLS PROGRAM
- With Santa Ana Unified School District - Police Department
AGMT 1999-064
25.F.
MACARTHUR PLACE IMPLEMENTATION AGREEMENT - SECOND
AMENDMENT - With First American Financial Corporation to delete the
requirement for providing a dual northbound right-turn lane on the
northbound approach of Hutton Center Drive at MacArthur Boulevard
- Public Works Agency AGMT 1999-065
25.G.
ALLOCATION OF 1999 EMERGENCY SHELTER GRANT FUNDS
Motion: 1. Approve.
Allocation of $291,000 in 1999 Emergency Shelter Grant funds as
recommended - Community Development Agency
2. Authorize.
City Attorney to prepare and the City Manager and Clerk of the Council
to execute agreements with the following non-profit agencies awarded
funds as part of the approved program - Community Development
Agency
CITY COUNCIL MINUTES 118 APRIL 19, 1999
CONSENT CALENDAR
South Orange County $73,000 AGMT 1999-066
YWCA
Interval House 28,000 AGMT 1999-067
Mercy House (Shelter 24,500 AGMT 1999-008
Support)
Shelter for the Homeless 24,500 AGMT 1999-069
Catholic Charities 21,500 AGMT 1999-070
Mercy House (Resource 19,500 AGMT 1999-071
Center)
Thomas House 17,000 AGMT 1999-072
Mental Health Association 16,000 AGMT 1999-073
Orange Coast Interfaith 14,000 AGMT 1999-074
Shelter
City of Santa 14,000
Ana/PR&CSA
Dayle Mclntosh Center 13,000
Women's Transitional 10,000
Living Center
Episcopal Service Alliance 6,000
Veterans' Charities of OC 5,000
The Friendship Shelter 5,000
AGMT 1999-075
AGMT 1999-076
AGMT 1999-077
AGMT 1999-078
AGMT 1999-079
City Manager to execute amendments to nonprofit agency contracts
which do not constitute a substantial change to the contract, as defined
by the City in accordance with United States Department of Housing
and Urban Development regulations
7:29 P.M.
90.A. PUBLIC COMMENTS (AGENDA ITEM TAKEN OUT OF ORDER)
John Raya and Mary Lara introduced members of the TKO Boxing Club who would
participate in the upcoming 1999 USA Boxing Olympics Juniors Championship to be held
April 22-25 at the Salgado Community Center, invited the Council to attend and help
distribute awards at the close of the competition, and thanked the City and the community
for their ongoing support of the Club.
CITY COUNCIL MINUTES 119 APRIL 19, 1999
LAND USE MATTERS
CONSENT CALENDAR
CONDITIONAL USE PERMITS
31.A. CUP 99-04- 5110W. HAZARD
At Councilmember Christy's request, Planning and Building Agency Executive
Director Robyn Uptegraff reviewed the conditions imposed on Conditional Use
Permit 99-04 by the Planning Commission. Man Dinh Nguyen, representing the
Pho Da Church, affirmed the Church's intent to comply with the conditions.
Motion: Receive and file staff reports approving CUP 99-04 as conditioned.
Filed by Man Dinh Nguyen to allow the Pho Da Church and Monastery
use at a residential property in the Single-Family Residential (R1)
zoning district - Planning and Building Agency
MOTION: Christy SECOND: Franklin
VOTE: AYES:
NOES:
Bist, Christy, Franklin, Lutz, McGuigan, Pulido
None
NOT-VOTING: Moreno
***END OF CONSENT CALENDAR***
PUBLIC HEARING
75.A. ZOA 99-02 - PARKING MODIFICATIONS
Public hearing to consider Zoning Ordinance Amendment No. 99-02 to amend
Section 41-611 of the Santa Ana Municipal Code to require a conditional use
permit for development of"B" suffix (parking modifications) properties citywide
Legal Notice published in the Oranqe County Register on April 10, 1999
Mayor Pulido opened the public hearing regarding Zoning Ordinance Amendment
No. 99-02 at 7:49 p.m.
Presentation of staff report by Planning and Building Agency Executive Director
Robyn Uptegraff
CITY COUNCIL MINUTES 120 APRIL 19, 1999
PUBLIC HEARING
Presentation of written communications by Clerk of the Council Janice C. Guy:
None
R. J. Cook spoke in favor of Amendment No. 99-02.
The following speakers expressed concern regarding the Amendment, indicating
they had projects in process and would experience undue hardship if required to
obtain a conditional use permit:
Howard Glasser; Emesto Estrada; Kris Kakkar
Mayor Pulido closed the public hearing at 8:03 p.m.
Motion: 1. Place ordinance on first reading and authorize publication of
title.
ORDINANCE NS-2384 - An ordinance of the City of Santa Ana
amending Chapter 41 of the Santa Ana Municipal Code to require a
conditional use permit for property zoned with the "B" suffix zone district
designation- Planning and Building Agency
2. Approve and certify the Negative Declaration for Environmental
Review No. 99-24.
3. Approve "grand-fathering" of projects currently zoned with a
"B" suffix that have completed plan check and site plan review.
MOTION: Franklin SECOND: Pulido
VOTE: AYES:
NOES:
Franklin, Lutz, McGuigan, Pulido
Bist, Christy
NOT-VOTING: Moreno
The Mayor requested the applicants with "grand-fathered" projects to work with
staff to address concerns raised by the Council regarding fence height and
neighborhood access to their projects.
COUNCIL AGENDA ITEMS
85.A. REMOVAL OF WARD 1 BOARD AND COMMISSION MEMBERS (MORENO)
Charter Section 901 allows the removal of Board and Commission members by the
affirmative votes of a majority of the Council.
At Councilmember Moreno's request, this item was deferred to the May 3
Council meeting.
CITY COUNCIL MINUTES
121 APRIL 19, 1999
WORK STUDY
WS.A.
PROPOSED COMMERCIAL CODE ENFORCEMENT PROGRAM
Community Preservation Coordinator Bruce Dunams assisted by Senior
Community Preservation Inspector Estella Rodarte presented a proposal to
increase the Division's Commercial Code Enforcement staff by 8 positions in next
year's budget. Dunams reviewed the current staffing and workload of the Division,
discussed the deployment, responsibilities and skills needed for the new staff, and
outlined the tools staff would use to gain compliance. He explained how the
Commercial Code Enforcement program would be publicized and detailed the
anticipated progression of the program following inspector recruitment and training.
Councilmembers Christy and Bist commented that the need for additional
commercial code enforcement was clear and the program desired by the
neighborhood associations, and urged the Council to support this program in the
budget.
WS.B. SHOPPING CART PROGRAM UPDATE
Maintenance Service Manager Paul Emery explained that, as the result of a
change in State law, the City had begun removing abandoned shopping carts from
the public right of way as of February 1, 1999. He reported that in the 10-week
period between February 1 and April 11, a total of 3,428 carts had been taken to
the City yard.
Emery provided the Council with a list showing the number of carts abated. He
indicated that carts whose ownership could be determined were returned to their
owners and those without an identifying plaque were crushed and sold as scrap,
noting over 1,700 carts had been crushed to date. Emery responded to
Councilmembers' questions regarding the six-month cart removal contract and
explained contract continuation and levels of service would be evaluated at a future
date.
Mayor Pulido commented that he was scheduled to meet with Todd Priest from the
Grocers Association to discuss quicker cart pick-up service.
WS.C. GRAFFITI REMOVAL PROGRAM UPDATE
Police Lieutenant Mike Foote assisted by Maintenance Services Manager Paul
Emery and Park Superintendent Mike Lopez presented a report from the City's
Graffiti Task Force.
Foote noted graffiti, a national phenomenon, first began to escalate in 1992 and
had reached 710,000 square feet in Santa Ana by December of that year with a
projected removal cost of $1.2 million. He explained that in 1993 an inter-agency
task force involving City departments and the School District formed to combat the
CITY COUNCIL MINUTES 122 APRIL 19, 1999
WORK STUDY
problem through prevention efforts, graffiti removal and prosecution of offenders.
Emery presented statistics from the Public Works Agency showing a decline in
graffiti removal from 2.1 million square feet in 1995 to 1.7 million in 1998. He
discussed personnel and equipment allocated to the graffiti removal program,
explaining Agency personnel responded to calls for removal Monday through
Friday and contract personnel Saturdays, Sundays and holidays.
Lopez described the role of the Parks and Recreation Agency in graffiti removal,
detailing the administration of the Victim Offender Reconciliation Program (VORP)
which uses juvenile offenders to over paint graffiti in the public right of way as part
of their community.
service, and noted the Parks Services Division removes graffiti from park
properties. He explained the VORP program was constrained by limited equipment
and vehicles.
Foote provided the Council with a list of Tagger, Tagbanger, and Party Crew
acronyms numbering in excess of 375 groups, discussed the Police Department's
procedures regarding arrest and prosecution of offenders, and summarized both
the judicial case and graffiti removal activity of the Graffiti Task Force for 1998,
indicating that in total some 2.1 million feet of graffiti had been removed in 1998 at
a total estimated cost of $600,184.
Foote, Emery and Lopez responded to Councilmembers' questions regarding
program coordination and details.
Councilmember Bist suggested a single phone number be employed instead of the
3 currently used for reporting graffiti, and Councilmember Franklin suggested 1-
800-STOP-TAG.
90.B.
COMMENTS
COUNCIL COMMENTS
There were no Council comments.
ADJOURNED: 10:01 P.M. To 5:30 p.m. on May 3, 1999 in Room 831, City Hall, 20
Civic Center Plaza for Closed Session
Clerk of the Council
CITY COUNCIL MINUTES 123 APRIL 19, 1999