HomeMy WebLinkAbout07-20-1998MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JULY 20, 1998
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 mcet in the Community Room of thc Police
Administration Building to consider regular business items and to hold a Work Study Session.
Shc declared the meeting adjourned to the Community Room, 60 Civic Center Plaza, to convene
at 6:15 p.m. or as soon as possible thereaftcr.
CALL TO ORDER - 6:32 P.M.
Policc Community Room
60 Civic Center Plaza
Santa Ana, California
ATTENDANCE
COUNCILMEMBERS prcsent:
MIGUEL A. PULIDO, Mayor
ROBERT L. RICHARDSON, Mayor Pro Tern
TONY ESPINOZA (7:01 p.m.)
BRETT FRANKLIN
TOM LUTZ
PATRICIA A. McGUIGAN
TED R MORENO (7:10 p.m.)
ENVIRONMENTAL AND TRANSPORTATION
ADVISORY COMMITTEE MEMBERS present:
YVETTE AGUILAR
LISA BIST Chair
JOHN CASTILLO
FLOYD MCLELLAN
DAVID MURRAY
KlM SINCLAIR
STAFF present:
DAVID N. REAM, City Manager (6:38 p.m.)
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
DEBRA KURITA, Assistant City Manager
PLEDGE OFALLEGIANCE
Consent
Motion:
CONSENT CALENDAR
Approve staff recommendations on the following Consent Calendar Items.
MOTION: Lutz SECOND: Franklin
CITY COUNCIL MINUTES 197 JULY 20, 1998
CONSENT CALENDAR
VOTE:
ABSENT:
AYES: Franklin, Lutz, McGuigan, Pulido, Richardson
NOES: None
Espinoza, Moreno
MINUTES
Motion:
10.A.
ADMINISTRATIVE MATTERS
Approve Minutes.
REGULAR MEETING OF JULY 6, 1998
(Richardson abstained.)
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.
Motion:
11.A.
11.B.
Published in the Orange County Reporter on July 10, 1998
Place ordinances on second reading and adopt.
1998 GENERAL MUNICIPAL ELECTION
(Ordinance placed on first reading on June 15, 1998 by a 6/0 vote with Richardson
absent)
ORDINANCE NO. NS-2358 - An Ordinance of the City O£Santa Aha
ordering, calling, and giving notice of a General Municipal Election
to be held in said city on November 3, 1998 for the election of certain
officers as required by the provisions of the Charter - Clerk of the
Council FILE CA
AMENDMENT APPLICATION 98-08 - 2828 N. BRiSTOL - BROCK HOMES
(Ordinance placed on first reading on June 15, 1998 by a 4/0 vote with Espinoza,
Moreno and Richardson absent)
ORDINANCE NO. NS-2359 - An ordinance of the City of Santa Ana rezoning
certain property located at 2828 North Bristol Street from General Agriculture (Al)
Zone District to the Single Family Residential Zone District (RI) (AA No. 98-08) -
Planning and Building Agency FILE CA
CITY COUNCIL MINUTES 198 JULY 20, 1998
CONSENTCALENDAR
I1.C.
CURFEW ORDINANCE AMENDMENT
(Ordinance placed on first reading on June 15, 1998 by a 6/0 vote with Richardson
absent)
ORDINANCE NO. NS-2360 - An ordinance of thc City Council of the City of
Santa Ana adding sections 10-181 through 10-186 to the Santa Ana Municipal Code
to prohibit any minor from remaining in any public place between the hours of
10:00 p.m. and 6:00 a.m. with certain exceptions - Police Department
FILE CA
ll.D.
TIME LIMIT (30 CALENDAR DAYS) FOR POLICE INVESTIGATION OF
ENTERTAINMENT BUSINESSES
(Ordinance placed on first reading on June 15, 1998 by a 6/0 vote with Richardson
absent)
ORDINANCE NO. NS-2361 - An ordinance of the City Council of the City of
Santa Ana amending Santa Ana Municipal Code Sections 12-123, 12-125, 12-156,
12-62, 22-3, and 22-5 - Police Department FILE CA
BOARDS/COMMISSIONS/COMMITTEES
13.A.
VACANCY REPORT - JULY 15, 1998
Motion: Instruct Clerk to enter report into the Minutes.
Board Vacancies
Community Redevelopment/Housing Commission
Human Relations Commission
Library Board
TOTAL
13.B. NOMINATIONS
Motion: Set Jbr consideralion at next regular meeting.
Linda H. Marcotte, 418 S. Cooper, recommended by Councilmember McGuigan as
an at-large representative to the Human Relations Commission for a partial term
expiring November 30, 1998 (Replacing Nicholson) FILE BC
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A.
The July 6, 1998 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 4:00 p.m. on May 27,1998.
CITY COUNCIL MINUTES 199 JULY 20, 1998
CONSENT CALENDAR
15.B. The July 6, 1998 Closed Session City Council Agenda and Revised Agenda pages
were posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:40
p.m. on May 29, 1998.
MISCELLANEOUS ADMINISTRATION
19.A. EXCUSED ABSENCE
Motion: Approve.
Excused absence of Councilmember Richardson from the July 6, 1998 Council
meeting
19.B. CLOSED SESSION REPORT
(Considered during Closed Session of July 6, 1998 pursuant to Government Code
Section 54956.8)
Motion: Authorize.
Sepulveda School, 1801 S. Poplar, land purchase in the amount of $152,992.00 -
City Attorney's Office
BUDGET MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 99-003 - TELECOMMUT1NG PILOT
PROGRAM
Motion: 1. Authorize the City Attorney to prepare and the Mayor and Clerk of the
Council to execute agreement.
DISTRIBUTED WORK (TELECOMMUTING) PILOT PROGRAM FOR SANTA
ANA EMPLOYERS - With Commuter Training Institute in an amount not to
exceed $20,000 - Planning and Building Agency AGMT 98-103
2. Approve appropriation adjustment. (Requires five affirmative votes)
Recognizing $20,000.00 in Measure M Transportation Demand Management Funds
from the Orange County Transportation Authority and appropriating same for thc
Telecommuting Pilot Program for City of Santa Ana employers - Finance and
Management Services FILE AGMT
CITY COUNCIL MINUTES 200 JULY 20, 1998
CONSENTCALENDAR
GRANTS
21.A.
Motion:
STREET TERRORIST OFFENDERS PROGRAM (STOP) RENEWAL
Adopt resolution.
RESOLUTION 98-035 - A Resolution of thc 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 the Street Terrorist Offender Program (STOP IV) -
Police Department FILE CA
SPECIFICATIONS
22.A.
OFFICE FURNITURE
Motion.. Award.
OFFICE FURNITURE - Amcndments to contracts with the following to increase
total award to each vendor by $50,000,00 for the total estimated annual amounts
indicated - Finance and Management Services SPEC 97-031
McMahon Desk Company, Inc
BKM Total Officc of California
$100,000
100,000
AGREEMENTS
Motion:
Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to
execute agreement.
25.A.
ENVIRONMENTAL SERVICES - 1300 W. ED1NGER AVENUE (PROJ 7626) -
With Alton Geosciencc in an amount not to exceed $40,000.00 - Public Works
Agency AGMT 98-104
LAND USE MATTERS
CONDITIONAL USE PERMITS/VARIANCES
Motion: Receive and file staff reports as conditioned.
31.A.
CUP 98-08 AND VA 98-05 - 4821 W. Fifth Street - Filed by Huong Tich Buddhist
Temple to allow construction of a temple and to permit a reduction in landscaping
setback requirements in thc Single-Family Residential zoning district - Planning
and Building Agency FILE CA
CITY COUNCIL MINUTES 201 JULY 20, 1998
CONSENT CALENDAR
31 .B.
CUP 98-09 - 2140 S. Bristol St. - Filed by Alpha Beta Company to allow a Type
21 Alcoholic Beverage Control (ABC) license for the sale of beer, wine and
distilled spirits for off-premise consumption in the General Commercial (C2)
zoning district - Planning and Building Agency FiLE CA
***END OF CONSENT CALENDAR***
BUSINESS CALENDAR
BOARDS/COMMISSIONS/COMMITTEES
13.C. APPOINTMENTS
(Placed on agenda at Mayor Pro Tom Richardson's request)
Appoint.
Councilmember Franklin as the City's representative to thc San Joaquin Hills
Transportation Corridor Agency (Replacing Richardson)
Motion:
Motion:
MOTION: Richardson
VOTE:
ABSENT:
Appoint.
SECOND: McGuigan
AYES: Franklin, Lutz, McGuigan, Pulido, Richardson
NOES: None
Espinoza, Moreno
Mayor Pro Tem Richardson as the alternate representative to the San Joaquin Hills
Transportation Corridor Agency
Councilmember Franklin as the alternate representative to the Foothill-Eastern
Transportation Corridor Agency
MOTION: Richardson SECOND: McGuigan
VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson
NOES: None
ABSENT: Espinoza, Moreno
CITY COUNCIL MINUTES 202 JULY 20, 1998
BUSINESS CALENDAR
ORDINANCES FIRST READING
50.A. HISTORIC RESOURCES COMMISSION
Mayor Pulido announced the City Attorney's staff was in the process of preparing amendments to
the enabling ordinance and that action should be deferred to later in the meeting. (See Minutes
page 206.)
75.A.
Motion:
PUBLIC HEARINGS
ABANDONMENTS 98-02 THROUGH 98-05 - GLOBAL METAL RECYCLING
SITE - MINNIE/CHESTNUT/PINE AREA
(Set for public hearing on June 15, 1998 by a 4/0 vote with Espinoza and Moreno
not voting)
Continue public hearing regarding Abandonments 98-02 through 98-05 to
August 3, 1998.
MOTION: McGuigan
SECOND: Richardson
VOTE:
AYES: Franklin, Lutz, McGuigan, Pulido, Richardson
NOES: None
ABSENT: Espinoza, Moreno
FILE ABAN
75.B.
ABANDONMENT 98-06- POMONA STREET BETWEEN SYCAMORE AND
BROADWAY
(Set for public hearing on June 15, 1998 by a 4/0 vote with Espinoza and Moreno
not voting)
Abandonment 98-06 proposes to vacate Pomona Street between Sycamore and Broadway to
allow construction of a 67,000 square-foot retail center for a grocery store and retail shops at
1700 S. Main
Legal Notice published in the Orange County Register on June 26 and July 3, 1998
The Mayor opened the public hearing regarding Abandonment 98-06 at 6:38 p.m.
Presentation of staff report and staff 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 Abandonment.
CITY COUNCIL MINUTES 203 JULY 20, 1998
PUBLIC HEARINGS
The Mayor closed the public hearing at 6:39 p.nr.
Motion: Adopt resolution.
RESOLUTION 98-036 - A resolution of thc City Council of the City of Santa Ana
vacating a portion of Pomona Street between Sycamore and Broadxvay - Public
Works Agency
MOTION: Lutz
VOTE:
ABSENT:
AYES:
NOES:
Espinoza, Moreno
SECOND: Franklin
Franklin, Lutz, McGuigan, Pulido, Richardson
None
FILE ABAN
75.C. AMENDMENT APPLICATION 98-03 - SPECIFIC DEVELOPMENT 65 -
DEVELOPMENT AGREEMENT 97-01 - DISCOVERY SCIENCE CENTER
FILED BY THE CITY OF SANTA ANA (JOINT ITEM WITH COMMUNITY
REDEVELOPMENT AGENCY)
Proposal to rezone the property at 2500 N. Main Street from Professional (P) zoning district to
Specific Development 65 and establish sign and development standards for the Discovery
Science Center
Legal Notice published in the Orange County Register and mailed on July 10, 1998
Approved by the Planning Commission on July 13, 1998 by a 6/0 vote with Nalle abstaining
The Mayor opened the public hearing regarding Amendment Application 98-03 and
Development Agreement 97-01 at 6:40 p.m.
Presentation of staff report by Planning and Building Agency Executive Direct Robyn Uptegraff
Presentation of written communications by Clerk of the Council Janice C. Guy: None
Walkic Ray spoke in favor of the Amendment Application 98-03 and requested the Council
additionally approve a "reader board" as a component of the 544 sq. ft. sign approved by the
Planning Commission and advertisement of the Science Center's food court on the project's Main
Street monument sign.
Tim Rush and Ricki Older spoke in favor of the Amendment Application and a reader board, but
opposed the advertisement of the food court.
Thc Mayor closed the public hearing at 7:00 p.m.
CITY COUNCIL MINUTES
204 JULY 20, 1998
PUBLIC HEARINGS
Councilmembers Espinoza and Moreno joined the meeting at 7:01 p.m. and 7:10 p.m.
respectively.
Motion:
Amend Specific Development 65 conditions to include a reader board on the 544
sq. fi. wall-mouuted signs facing the 1-.5 Freeway sut?ject to annual review by the
Planning Commission for the first two years of operation.
MOTION: Pulido
SECOND: Richardson
VOTE:
AYES: Franklin, Lutz, McGuigan, Pulido, Richardson
NOES: None
ABSENT: Espinoza
NOT VOTING: Moreno
Motion:
Approve the Planning Commission's recommendations regarding Specific
Development 65 banners and monument sign (The Planuing Commission
disallowed advertisement of the food courO; place ordinance on first reading and
authorize publication of title.
ORDINANCE NS-2364 - An ordinance of the City of Santa Ana approving an
amendment to the development agreement between the City of Santa Ana and
Discovcry Science Center - Planning and Building Agency
AGMT 98-105
MOTION: McGuigan
SECOND: Richardson
VOTE:
AYES: Franklin, Lutz, McGuigan, Pulido, Richardson
NOES: Nonc
ABSENT: Espinoza
NOT VOTING: Moreno
Motion: Place ordinance on first reading aud authorize publication of title.
ORDINANCE NS-2362 - An ordinance of the City of Santa Ana rezoning certain
property located at 2500 North Main Street from the Professional Zone District (P)
to Specific Development No. 65 (AA No. 98-03) and adopting Specific
Development No. 65 for said property - Planning and Building Agency
MOTION: Richardson
SECOND: Lutz
VOTE:
AYES: Franklin, Lutz, McGuigan, Pulido, Richardson
NOES: None
CITY COUNCIL MINUTES 205 JULY 20, 1998
PUBLIC HEARINGS
ABSENT: Espinoza
NOT VOTING: Moreno
FILE CA
50.A.
HISTORIC RESOURCES COMMISSION
The following persons spoke in support of proposed Ordinance No. NS-2363:
Catherine Catc
Paul Giles
Ginelle Hardy
Alison Young
Diarm Marsh
Motion:
Amend ordinance to include professional qualifications for Historic Resources
Commission members and maintenance of Commission resolutions by the Clerk of
the Council, place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2363 - An ordinance of the City of Santa Aha creating a Historic
Resources Commission and amending various sections of the Santa Ana Municipal
Code to reflect compensation, dutics and responsibilitics of the commission -
Planning and Building Agency
MOTION: McGuigan
SECOND: Richardson
VOTE:
AYES: Franklin, Lutz, McGuigan, Pulido, Richardson
NOES: None
ABSENT: Espinoza
NOT VOTING: Moreno
FILE CA
COUNCIL RECESS - 8:00-8:15 P.M.
Councilmember Espinoza left the meeting at 8:00 p.m. (Councilmember Espinoza attended the
meeting between 7:01 p.m. and 8:00p. m. but was not present in the room when votes were
taken.)
WORK STUDY SESSION
WS.A. SPEED HUMP PROGRAM
Public Works Agency Executive Dircctor Jim Ross introduced City Engineer George Alvarez
who provided the Council with a copy of the "Standard Proccdure for Managing Speed on
Residential Streets" and a sample "Speed Awareness Lettcr." He reviewed the City's procedures
for installation of speed humps, discussing such issues as:
CITY COUNCIL MINUTES 206 JULY 20, 1998
WORKSTUDY SESSION
· "speed humps" v. "speed bumps";
· results of a trim installation of speed humps in the Park Santiago Neighborhood
indicating that overall, traffic speeds had decreased; and
· speed hump installation costs.
Alvarez summarized the pros and cons of speed hump installations and indicated the Public
Works Agency had received a number of requests for additional installations. Noting the
expense of the Speed Hump Program, he inquired as to whether staff should continue with
Program implementation.
Councilmembers and Environmental and Transportation Advisory Commission members
discussed specifics of the Program, difficulties of implementation, and alternative methods of
decreasing traffic speeds.
The following individuals spoke regarding the need to protect neighborhoods from speeders and
expressed concerns relative to a median installation proposed for 17th Street adjacent to the Floral
Park Neighborhood:
Michelle Morrissey
Michael Strand
Barry Jensen
Joe Duffy
Catherine Cate
John MacDowell
Claudia Riewaldt
Dave Groner
Brad Beck
Mayor Pulido asked Alverez to meet with Floral Park representatives regarding the 17'h Street
median, requested diagrams of the median be forwarded to the Council, and with the informal
consent of thc Council, authorized staff to continue implementation of the Speed Hump Program.
WS.C.
DYER ROAD WELL FIELD AMENDMENT (TAKEN OUT OF AGENDA
ORDER)
Public Works Agency Executive Director Jim Ross introduced Orangc County Water District
(OCWD) General Manager Bill Mills who outlined the benefits of approving an amendment to
thc District's agreement with the lrvine Ranch Water District (IRWD) relative to the Dyer Road
Well Field. He explained the amendment would increase IRWD's water pumping rights from
20,000 to 28,000 acre feet conditioned upon the IRWD's development of a "colored water"
(potable water tinted by an ancient redwood forest not readily accepted for consumption)
pumping facility.
CITY COUNCIL MINUTES 207 JULY 20, 1998
WORKSTUDY SESSION
Mills reviewed Orange County Water Basin management objectives and the types of aquifers in
the Basin -- shallow, principal, and deep -- and explained colored water pumped from the deep
aquifer would reduce a pressure differential that allowed colored water to migrate upward into
the principal aquifer. He briefly discussed the history of OCWD and responsed to
Councilmembers' questions regarding technical aspects of water basin management such as
guarding against sea water intrusion and seasonal pumping rates.
Diana Leach, representing the Mesa Consolidated Water District, noted her District was currently
using colored water, opined increased colored water production would benefit overall water
production, and stressed the need for oversight of colored water pumping by a management
committee.
Mayor Pro Tern Richardson requested written documentation of Mill's presentation, and
Councilmember Franklin asked that the documentation include projected cost impacts on Santa
Ana households and businesses of the Dyer Road Well Field amendment.
WS.B. SR-22 WEST ORANGE COUNTY CONNECTION PROJECT STATUS
Public Works Agency Executive Dircctor Jim Ross introduced Assistant to the City Managcr
Manuel Gomez who provided thc Council with a copy of the "SR-22/West Orange County
Connection Study" and briefly outlined thc six alternatives contained in the Study. He explained
alternatives 4, 5, and 6 would require land acquisition for freeway, HOV (High Occupancy
Vehicle) lanes, and light rail construction; and illustrated with maps the properties that would be
affected in Santa Ana.
Mayor Pulido observcd Alternative 6 would impact MainPlace, and also rcquested staff meet
with residents from the Morrison Park Neighborhood to discuss land acquisition impacts on that
neighborhood.
PUBLIC COMMENTS
Citing a number of the City's cultural and educational assets such as the Discovery and Bowers
Museums and Artists Village, Claudia Riewaldt enumerated a list of advantages to living in
Santa Ana.
COUNCIL COMMENTS
Councilmember McGuigan reported an uneven asphalt application in the northbound traffic lanes
near the railroad crossing on South Main Street and requested Public Works staff investigate.
Councilmember Moreno reported an accumulation of junk and debris near a salvage yard on
north side of 5t~' Street east of Sullivan and requestcd Code Enforcement staff investigate.
CITY COUNCIL MINUTES
208 JULY 20, 1998
CLOSED SESSION CALENDAR
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 July 20, 1998 Council meeting.
95.A.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
Property: 1244 South Bristol
Negotiating Party: Jorge and Maria Merino
Re: Termination of Land Sale Agreement
95.B.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant
to Government Code Section 54956.9 (a)
Name of Case: El Malki, ct al v. City of Santa Aha
OCSC Nos. 7634787 and 767491
Name of Case: City of Santa Ana v. Koh
OCSC No. 763579
Name of Case: Koh v. City of Santa Ana
OCSC No. 771553
Name of Case: Jess Hemandez, et al. v. City of Santa Aha
9~h Circuit Case 93-56624 and 93-56713
95.C.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9 (b)
One Case
95.D.
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiator: Kathie Romero
Service Employees International Union
OFF-AGENDA ITEM
At the City Attorney's request, the Council by unanimous informal consent found that the need to
take action on the following case arose subsequent to the posting of the Agenda and added the
case to the Closed Session Calendar:
CITY COUNCIL MINUTES 209 JULY 20, 1998
CLOSED SESSION
95.E.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant
to Government Code Section 54956.9 (a)
Claim against the City
Filed by Gene Sego, #98-109
CLOSED SESSION - 10:57 P.M.-II:12 P.M.
CLOSED SESSION REPORT
No action was reported out of Closed Session.
ADJOURNMENT- 11:12 P.M.
Clerk of the Councii ~
CITY COUNCIL MINUTES 210 JULY 20, 1998