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Home My WebLink About12-15-1997MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 15, 1997 CALL TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:07 P.M. ATTENDANCE COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor (7:49 p.m.) ROBERT L. RICHARDSON, Mayor Pro Tern TONY ESPINOZA (6:55 p.m.) BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MOP.ENO Absent: NONE STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pro Tem Richardson INVOCATION Chaplain David Mitchell Police Department PRESENTATIONS Certificate recognizing Santa Ana's attainment of the California Department of Transportation "1997 Excellence in Transportation Award" for the City's Advanced Traffic Management Project presented by MAYOR PRO TEM RICHARDSON and CalTrans Branch Chief of System Development Edward Khosravi to Public Works Agency Executive Director Jim Ross and Traffic Engineer T. C. Sutaria Plaque expressing the appreciation of Mothers Against Drunk Driving (MADD) to the City of Santa Aha for its outstanding support of the MADD Program presented by MADD Law Enforcement Liaison Bob Marlowe to COUNCILMEMBER McGUIGAN CITY COUNCIL MINUTES 349 DECEMBER 15, 1997 Certificates recognizing their generous contributions to the December 7 Flower Park Christmas Tree Decorating Party presented by COUNCIL]MEMBER MOP, ENO to Judy and Vic Edge Certificate recognizing his outstanding humanitarian service in teaching construction basics to at-risk youth presented by COUNCILMEMBER FRANKLIN to Regional Occupational Program Teacher Natividad "Nati" Alvarado, Jr. CONSENT CALENDAR The Mayor announced the following modification to the Consent Calendar: Consent Motion: Removal of Item 12.A. for separate action. Approve staff recommendations on the following Consent Calendar Items. MOTION: Lutz VOTE: AYES: NOES: SECOND: McGuigan Franklin, Lutz, McGuigan, Moreno, Richardson None ABSENT: Espinoza, Pulido Items removed for separate action are highlighled and show the actual vote were passed as part of thc consent motion. Items without votes MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF DECEMBER 1, 1997 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS Votes in this category may differ from the vote on the Consent Calendar. The decision on these items was made at a previous Council meeting and the vote carried forward. However, if a Councilmember was absent fi'om the previous meeting, but is present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences fi'om the current meeting are recorded as such. (Placed on first reading on December 1, 1997 by a 7/0 vote) Published in the OC Reporter on December 5, 1997 CITY COUNCIL MINUTES 35O DECEMBER 15, 1997 CONSENT CALENDAR Motion: ll.A. Place ordinance on second reading and adopt. ZOA 97-10 - OFF-STREET PARKING STANDARDS ORDINANCE NS-2340 - An ordinance of the City of Santa Ana amending various sections of Chapter 41 of the Santa Ana Municipal Code to provide a modification update of off-street parking standards - Planning and Building Agency FILE CA ll.B. AMENDMENT APPLICATION 97-05 - 412 S. LYON ORDINANCE NS-2341 - An ordinance of the City of Santa Ana rezoning certain property located on South Lyon Street from the General Commercial Zone District (C2) to the Light Manufacturing Zone District (M1) (AA No. 97-05) - Planning and Building Agency FILE CA NOTICE OF PUBLIC HEARINGS Councilmember Moreno asked Council to defer this Agenda item to allow downtown merchants to provide input to the process. Community Development Agency Executive Director Cindy Nelson explained the recommended action was to set a Public Hearing that would provide a forum for public input, and urged Council to approve the item to enable the City to meet legal deadlines. Motion: Continue Agenda Item 12.A. to danuary 5, 1998. The motion died for lack of a second. Motion: 1. Approve. 1998 Annual Report for the Downtown Business Improvement area - Community Development Agency FILE CA 2. Adopt resolution setting a public hearing for danuary 5, 1998. RESOLUTION 97-57 - 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 1998 - Community Development Agency FILE CA CITY COUNCIL MlNUTES 351 DECEMBER 15, 1997 CONSENT CALENDAR MOTION: McGuigan VOTE: AB SENT: SECOND: Lutz AYES: Franklin, Lutz, McGuigan, Moreno, Richardson NOES: None Espinoza, Pulido BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT AS OF DECEMBER 10, 1997 Motion: Instruct Clerk to enter report into the Minutes. Community Redevelopment/Housing Commission Human Relations Commission Library Board Personnel Board Private Industry Council TOTAL 2 2 3 1 9 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The December 1, 1997 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:30 p.m on November 26,1997. 15.B. Dr. Edward Hernandez, Jr.'s resignation from the Private Industry Council effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:00 a.m. on December 3,1997. MAYORAL PROCLAMATIONS Motion: Instruct Clerk to enter commendation into the Minutes. 16.A. Commending Delhi Center, Laguna Shanti and Latino Psychological & Social Services for forming the HIV Wellness Collaborative of Orange County to serve the needs of persons in the Latino community affected with H1V/AIDS CITY COUNCIL MINUTES 352 DECEMBER 15, 1997 CONSENT CALENDAR BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. 22.A. OFFICE SUPPLIES - CENTRAL STORES - To American Warehouse to amend contract by $48,000.00 - Finance and Management Services SPEC 97-003 22.B. MICRON COMPUTERS (10) - PERSONNEL SERVICES - To Micron Electronics, Inc. using the California Multiple Awards Schedules to amend contract by $31,987.64 - Finance and Management Services SPEC 97-094 22.C. REPLACEMENT OF ROOFS - MEMORIAL PARK - To Rocco's Roofing Co. in the amount of $32,412.00 - Finance and Management Services SPEC 97-111 AGREEMENTS Motion: Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements 25.A. ANALYTICAL WATER TEST1NG - With E.S. Babcock & Sons, Inc. for the period January 1, 1998 - December 31, 1998 in an amount not to exceed $12,388.00 - Public Works Agency AGMT 97-144 25.B. WATER QUALITY TESTiNG SERVICES - With Clinical Laboratory of San Bernardino, Inc. for a two-year period in an estimated annual amount not to exceed $35,664.00 - Public Works Agency AGMT 97-145 * ~ * END OF CONSENT CALENDAR '~ * * CITY COUNCIL MINUTES 353 DECEMBER 15, 1997 BUSINESS CALENDAR RESOLUTIONS 55.A. CITY HALL EXPANSION AND FINANCING PLAN Councilmember Moreno excused himself from the proceedings due to a conflict of interest and left the dais at 6:34 p.m. Councilmember Espinoza joined the meeting at 6:55 p.m. but did not participate in consideration of this item. The following individuals provided slide and oral presentations and responded to questions regarding the City Hall expansion project: Jim Ross, Public Works Agency Executive Director Rod Coloma, Finance & Management Services Director Roger Torriero, Griffin Realty Ernesto Vasquez, McLarand, Vasquez & Partners Steve Gaffney, McLarand, Vasquez & Partners RECESS TO JOINT MEETING WITH SANTA ANA FINANCING AUTHORITY - 7:02 P.M. - (See also Authority Minutes) Charles Bordenave and Desi Reyes expressed concerns regarding the Expansion project. Motion: 1. Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 55.A. 1. CITY HALL EXPANSION - CONSTRUCTION - With Griffin Realty for a guaranteed maximum amount not to exceed $11,700,000.00 - Public Works Agency AGMT 97-146 55.A.3 CITY HALL EXPANSION - PRE-CONSTRUCTION EXPENSE - Amendment to contract with Griffin Realty to extend agreement to March 2, 1998 - Public Works Agency AGMT 97-150 2. Adopt resolution. 55.A.2. RESOLUTION 97-058 - A resolution of the City of Santa Ana authorizing and directing the preparation and execution of certain lease financing documents, authorizing the preparation and distribution of a preliminary official statement in connection with the offering and sale of certificates of participation relating thereto, and authorizing and directing certain actions with respect thereto - Finance and Management Services Site & Facility Lease AGMT 97-147 Lease Agmt. AGMT 97-148 Trust Agmt. AGMT 97-149 MOTION: Lutz SECOND: Franklin CITY COUNCIL MINUTES 354 DECEMBER 15, 1997 VOTE: AYES: Franklin, Lutz, McGuigan, Richardson NOES: None ABSENT: Espinoza, Moreno, Pulido COUNCIL RECONVENED - 7:27 P.M. Councilmembers Espinoza and Moreno returned to the dais. FiLE CA RESOLUTIONS 55.B. CONDITIONAL USE PERMIT FEE FOR COFFEE HOUSES Councilmember Moreno opined the reduced fee discriminated against other businesses and was insufficient for thll cost recovery. Councilmember McGuigan and Planning & Building Agency Executive Director Robyn Uptegraff indicated the intent of the resolution was to encourage more non-alcoholic entertainment for younger clientele. Chuck Mabry, First United Methodist Church Senior Pastor, spoke in support of the resolution. Motion: Deny adoption of Resolution 97-059. ABSENT: The motion failed. Motion: Adopt resolution. MOTION: Moreno VOTE: AYES: NOES: Pulido SECOND: Espinoza Espinoza, Moreno Franklin, Lutz, McGuigan, Richardson FILE CA RESOLUTION 97-059 - A resolution of the City Council of the City of Santa Ana establishing a Conditional Use Permit fee for coffee houses - Building and Planning Agency MOTION: McGuigan SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Richardson NOES: Espinoza, Moreno ABSENT: Pulido FILE CA CITY COUNCIL MINUTES 355 DECEMBER 15, 1997 PUBLIC HEARINGS 75.A. LOCAL LAW ENFORCEMENT BLOCK GRANT - APPROPRIATION ADJUSTMENT 98-096 Public hearing to comply with the Federal Department of Justice requirement on the acceptance and allocation of $696,559.00 in Local Law Enforcement Block grant funds to be used for equipment, personnel, and overtime costs The Mayor opened the public heating regarding the Law Enforcement Block Grant and Appropriation Adjustment No. 98-096 at 7:45 p.m. Presentation of staff report and staff comments by Police Chief Paul Walters 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 7:46 p.m. Motion: Approve Appropriation Adjustment 98-096. (Requires five affirmative votes) Recognizing $696,559.00 in Local Law Enforcement Block grant revenues and transferring $77,395.00 from Police Department's Crimes Against Persons accounts and appropriating same for equipment, personnel, and overtime costs - Finance and Management Services MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Pulido SECOND: Lutz Espinoza, Franklin, Lutz, McGuigan, Moreno, Richardson None FiLE CA RECESSED TO HOUSING AUTHORITY FOLLOWED IMMEDIATELY BY THE COMMUNITY REDEVELOPMENT AGENCY - 7:47 P.M. Mayor Pulido joined the meeting at 7:49 p.m. RECONVENED CITY COUNCIL- 8:16 P.M. CITY COUNCIL MINUTES 356 DECEMBER 15, 1997 PUBLIC HEARINGS 75.B. MITIGATED NEGATIVE DECLARATION - ST. JOSEPH'S BALLET - CONDEMNATION OF PROPERTY MAIN & 19m STREETS (JOINT ITEM WITH COMMUNITY REDEVELOPMENT AGENCY) Public hearing on the issue of the public necessity to acquire by condemnation property located at 1812-1818½ and 1828 N. Main for redevelopment purposes Councilmembers Espinoza and Moreno excused themselves from the proceedings due to a conflict of interest. The Mayor opened the public hearing regarding the condemnation of property at Main and 19t~ Streets at 8:16 p.m. Presentation of staff report and staff comments by Community Development Agency Executive Director Cindy Nelson Presentation of written communications by Clerk of the Council Janice C Guy: None There were no speakers on the matter. City Attorney Joseph Fletcher noted the legal counsel for the property owner had indicated he would not appear and that his client was not opposing the condemnation. The Mayor closed the public hearing at 8:18 p.m. Motion: Adopt. (CONCURRENT ACTION WITH COMMUNITY REDEVELOPMENT AGENCY) Mitigated Negative Declaration (ER 97-116) for the acquisition and development of private property at the southwest corner of Main and 19th Streets - Planning and Building Agency MOTION: Richardson VOTE: ABSENT: FILE CA SECOND: Lutz AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None Espinoza, Moreno RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 8:18 P.M. RECONVENED CITY COUNCIL - 8:20 P.M. - All Councilmembers present CITY COUNCIL MINUTES 357 DECEMBER 15, 1997 COMMENTS 90.A. PUBLIC COMMENTS Chares Bordenave expressed concerns regarding several items including, but not limited to, the Council majority's actions on agenda items, the Portland trip discussed at the previous Council meeting, City staff compensation and the Artists Village. Chuck Mabry invited the listening audience to the French Park Neighborhood's Christmas Eve celebration starting at 6:00 p.m. and commended Council's efforts to bring together Santa Ana's culturally diverse community. Desi Reyes suggested the City's housing sale procedures might be improved by advertising properties in the real estate industry's multiple listing service. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno: requested staffconsider opening the City Hall lobby cashier service to the public at 8:00 a.m. instead of 9:00 a.m.; and explained he did not vote on the City Hall expansion project due to a conflict of interest and expressed several concerns about the project. Councilmember Espinoza: requested staff look into flooding problems in the southern portion of the City along Bristol, Warner, and MacArthur; expressed hope that illegal discharge of firearms would not be a problem during the Holidays; and wished everyone Happy Holidays. City Manager David Ream noted flooding was a longstanding citywide problem since storm drains had not received budget priority and suggested Council consider storm drains as a specific issue in the upcoming budget process. Mayor Pro Tern Richardson: welcomed back Library Services Executive Director Rob Richard who had recently undergone surgery; reported on a well-attended Wilshire Square holiday concert, thanking the neighborhood volunteers who organized the program and the talented performers from Mater Dei, Santa Ana College and the community; and CITY COUNCIL MINUTES 358 DECEMBER 15, 1997 commended staff, particularly the Fire and Police Departments and Public Works Agency, for its outstanding disaster relief efforts during the recent El Nifo rains. Councilmember McGuigan: indicated staff's November disaster drill at the Emergency Operations Center helped prepare the City for the El Nifio rains; commended Police Lieutenant Bill Tegeler and his staff for organizing the 7t~ Annual Westend District Community Oriented Policing Christmas party attended by some 5,000 disadvantaged kids and low-income residents from the area; noted the Bowers Museum's Topaz Restaurant was recently featured in an America West Airlines travelogue article; and cautioned everyone about the dangers of "drinking and driving," especially during the Holiday Season. Councilmember Lutz echoed the Holiday greetings of his fellow Councilmembers and thanked the residents of Wilshire Square for their hospitality during the Neighborhood's recent concert. Councilmember Franklin: thanked the Santa Ana North Rotary Club for sponsoring the Hoover Elementary School Santa Claus project; reported the Santa Ana Kiwanis recently raised $4,000 from Sees' candy sales for the Kiwanis scholarship fund; commended Mai Cong for her work on organizing the Vietnamese Center's Christmas awards banquet; requested Public Works Agency staff respond to Marlene Mooney's parking problems at Riverview West; asked staffto track 1998 state legislation regarding shopping cart regulations; and announced the First Presbyterian Church would present a choir and brass ensemble holiday program on December 21, 1997. Mayor Pulido: gave a recap of the City's 1997 milestones, noting such events as the launch of the Discovery Science Center and the establishment of a California State University, Fullerton satellite campus for art in Downtown Santa Ana; CITY COUNCIL MINUTES 359 DECEMBER 15, 1997 laid out a City vision for 1998 that included such actions as continuing talks with the Smithsonian Institute and the National Aeronautics & Space Administration regarding future exhibits in the City; and assisting the Santa Ana Unified School District to construct four new schools; and extended best wishes for the Holidays to all. CLOSED SESSION - ROOM 147 - 8:57 P.M. - 9:05 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 December 15, 1997 Council meeting. 95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTiNG LITIGATION pursuant to Government Code Section 54956.9(a) William Megee v. City of Santa Aha Case No. 96PDS0264 Jeffrey Grove et al v. City of Santa Aha Case No. 96PDS0111 Odebrecht Contractors v. Flat Iron Constructors and related X-Complaint Case No. 765870 Walters v. Personnel Board (Cabrera) Case No. 77-82-26 G&G Sprinklers v. City of Santa Aha OCSC No. 78-00-07 95.B. LIABILITY CLAIMS pursuant, to Government Code Section 54956.95 CLOSED SESSION REPORT - COUNCIL CHAMBERS - 9:06 P.M. Motion: Authorize settlements. William Megee v. City of Santa Ana, Case No. 96PDS0264 In the amount of $60,000.00 Jeffrey Grove et al v. City of Santa Ana, Case No. 96PDS0111 Compromise and release in the amouht of $30,000.00 MOTION: Richardson SECOND: Franklin CITY COUNCIL MINUTES 360 DECEMBER 15, 1997 VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSENT: Espinoza, Moreno RECESS - 9:06 P.M. - To Councilmember Tom & Nancy Lutz's Residence for Council Christmas Dinner 1118 N. Freeman ADJOUP2[,~rJENT - 12:20 A.M. Clerk of the Council CITY COUNCIL MINUTES 361 DECEMBER 15, 1997