HomeMy WebLinkAbout08-03-1998MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
AUGUST 3, 1998
CALL TO ORDER
CiTY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:09 P.M.
ATTENDANCE
COUNCILMEMBERS present:
TONY ESPINOZA (6:33 P.M.)
BRETT FRANKLIN
TOM LUTZ
PATRiCIA A. MCGUIGAN
TED R MORENO (6:22 P.M.)
ROBERT L. RICHARDSON, Mayor Pro Tern
Absent:
MIGUEL A. PULIDO, Mayor
STAFF present:
DAVID N. REAM, City Manager
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
PLEDGE OF ALLEGIANCE
INVOCATION
Chaplain Don Phillips
Police Department
EMPLOYEE AWARDS
MAYOR PRO TEM RICHARDSON
25 Years of Service
Stephen E. Hawkins
Police Sergeant
Police Department
20 Years of Scrvice
John Valdez
Fleet Equipment Technician
Finance and Management Serviccs
David Silva
Equipment Operator Water Maintenance
Public Works Agency
CITY COUNCIL MINUTES 211 August 3, 1998
PRESENTATIONS
Proclamation commcnding his 50+ years of extraordinary service to the community and
the Santa Ana Fire Department presented by MAYOR PRO TEM RICHARDSON and
Fire Chief Marc Martin to retired Fire Engineer Donald "Dewey" Wright
Plaque recognizing his dedicated service to French Court Neighborhood Association
presented to Police Lieutenant David Nick by MAYOR PRO TEM RICHARDSON,
Congresswoman Loretta Sanchez (reprcscntcd by Bill Ray), State Senator Rob Hurtt
(represented by Susanna Thrasher), Neighborhood Association Vice President Roger
Coulter, 2nd Vice President Ayyad Ghobrial, Treasurer Eleanor Johnson and Board
Members Larry Haynes and Fabian Sanchez, Wally Davis Elementary School Principal
Lillian French, Police Sergeant Jeff Owens, and COP Taskforce Members
Certificate recognizing Santa Ana Kiwanis Club's generous contributions to the Santa
Ana Police Dcpartment Bike Safety Program presented by MAYOR PRO TEM
RICHARDSON to Police Officer Steven Winston, Kiwanis President Paul Tonkovich,
and Community Services Chair Robert Dodge
Certificate recognizing Santa Ana College for its generous contributions of 500 books
with a value exceeding $11,000 to thc Santa Ana Public Library's Book Drive presented
by MAYOR PRO TEM RICHARDSON, Library Board Chair Art Pedroza, Library
Boardmember Susanna SandovaI, and Library Director Rob Richard to Santa Aha
College Associated Student Government President Luisa Ruiz, student representatives
Francisco Suarez and Hector Garibay, and Student Activities Coordinator Gail Nettles
Certificates recognizing their outstanding community service presented by COUNCIL-
MEMBER MCGUIGAN to Technical Director Rodolfo Cazales, Assistant Araceli
Cazales and the following Toyama Organization Karate-Do team members:
Israel Aguila
Mizael Arellano
Jorge Briones
Anahi Cazales
Damian Chavez
Jose Chinas
Barinia Delgado
Gabriel Espinoza
Erick Hernandez
Erick Magafia
Jairo Medina
George Morales
Jovany NavalTO
Ricardo Ortiz
Pedro Sandoval
Daniel Zarate
Federico Antunez
Jose Arias
Sandra Briones
Gcrardo Cazales
Abraham Chinas
Maria Chinas
Ramon Delgado, Jr.
Marlen Flores
Rafael Lopez
Fernando Magafia
Luis Menchaca
Mayra Morales
Omar Navarro
Angel Perez
Benito Zamora
Plaques in appreciation of their support and encouragement presented by Karate-Do
Technical Director Rodolfo Cazales to Councilmember McGuigan and Mayor Pulido
CITY COUNCIL MINUTES 212 August 3, 1998
Plaque from the Republic Homes Neighborhood Association expressing gratitude to the
Parks, Recreation and Community Services Agency for the Agency's continuous support
of community endeavors presented by Councilmember McGuigan to Agency Executive
Director Cleve Williams
PUBLIC HEARING (TAKEN OUT OF AGENDA ORDER)
75.F.
SALE OF REAL PROPERTY - VA 98-06 - 1818 N. MAIN STREET
ST. JOSEPH BALLET COMPANY
Public hearing to consider the proposed conveyance of property located on the west side of
Main Street, south of 19th Street, by the Comnmnity Redevclopment Agency of thc City of
Santa Aha to the Saint Joseph Ballet Company and on VA 98-06 to allow a reduction in
required parking and setbacks in order to facilitate construction of a new 21,000 square foot
ballet studio in the Community Commercial Zoning District
Recommended for approval by the Planning Commission on July 28, 1998 by a 6/0 vote with
Mondo absent
Legal Notice for VA 98-06 mailed on July 20, 1998 and Legal Notice for the Sale of Real
Propcrty published in thc Orant~e County Register on July 27, 1998
The Mayor Pro Tcm opened the public hearing regarding VA 98-06 and the sale of property at
6:58 P.M.
Presentation of staff report and staff comments by Community Redevelopment Agency
Administrative Services Manager John Reekstin
Presentation ofwrittcn communications by Clerk of the Council Janice C. Guy: None
The following speakers spoke in support of thc project:
Kathy Michaels
Rich Hunsaker
Kari Darwishe
Teresa Farias
Gil Melendez
Jose Cortez
Adriana Perez
Moira Carifa
Sister Beth Bums
The Mayor Pro Tem closed the public hearing at 7:23 P.M.
CITY COUNCIL MINUTES 213 August 3, 1998
PUBLIC HEARINGS
Moron:
Adopt resolutions. (Concurrent action with Community Redevelopment Agency)
RESOLUTION 98-042 - A resolution of the City Council of the City of Santa Ana
making certain findings and approving the sale of real property by the Community
Redevelopment Agency of the City of Santa Ana to the Saint Joseph Ballet
Company Community Development Agency ~ ~
RESOLUTION 98-043 - A resolution of the City Council of the City of Santa Ana
approving Variance No. 98-06 to allow a reduction in the required yard setback
and parking for the Saint Joseph Ballet Studio located at 1818 North Main Street -
Planning and Building Agency.
MOTION: Lutz
SECOND: McGuigan
VOTE:
AYES:
NOES:
Espinoza, Franklin, Lutz, McGuigan, Moreno,
Richardson
None
ABSENT: Pulido FILE CA
RECESS - 7:27-7:42 P.M.
Councilmember Espinoza left meeting at 7:39 P.M.
CONSENT CALENDAR
City Attorney Joseph Fletcher reviewed SAMC 2-105 regarding abstentions by members of the
City Council.
The Mayor Pro Tem announced the following modifications to the Consent Calendar:
-Abstention on Item 25.E. by Mayor Pro Tem Richardson
-Removal of Items 20.B., 23.B., and 31.A. for separate action
Consent
Motion:
Approve staff recommendations on the following Consent Calendar Items:
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT:
SECOND: Franklin
Franklin, Lutz, McGuigan, Moreno, Richardson
None
Espinoza, Pulido
CITY COUNCIL MINUTES 214 August 3, 1998
CONSENT CALENDAR
MINUTES
Motion:
10.A.
Note:
ADMINISTRATIVE MATTERS
Approve minutes.
REGULAR MEETING OF JULY 20, 1998
Approved CiO: Council minutes are available at the following website address:
http://www, ci.santa-ana, ca. us/cda/calendar/clerkpage, btm
ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS
Votes in this category may differ from the vote on the Consent Calendar. The decision on these itcms
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.
Published in the Orange Count,/Reporter on July 24, 1998
(Ordinances placed on first reading on July 20, I998 by a 5/0 vote with Espinoza
absent and Moreno not voting)
Motion: Place ordinances on second reading and adopt.
I1.A.
HISTORIC RESOURCES COMMISSION
ORDINANCE NS-2363 - An ordinance of the City of Santa Ana creating a
Historic Resources Commission and amending various sections of the Santa Ana
Municipal Code to reflect compensation, duties and responsibilities of the
commission - Planning and Building Agency FILE CA
ll.B.
AMENDMENT APPLICATION 98-03 - SPECIFIC DEVELOPMENT 65 -
DEVELOPMENT AGREEMENT 97-001 - DISCOVERY SCIENCE CENTER
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
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
Discovery Science Center - Planning and Building Agency
AGMT 98-105
CITY COUNCIL MINUTES 215 August 3, 1998
CONSENT CALENDAR
BOARDS/COMMISSIONS/COMMITTEES
13.A. VACANCY REPORT - JULY 29, 1998
Motion: Instruct Clerk to enter report into the Minutes.
Board
Vacancies
Community Redevelopment/Housing Commission 2
Human Relations Commission 3
Library Board 2
TOTAL 7
13.B.
Motion:
APPOINTMENTS
Appoint.
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 20, 1998 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 9:30 a.m. on July 16, 1998.
15.B.
The Closed Session Agenda and Revised Agenda pages 8 and 10 for the July 20,
1998 City Council pages were posted on the door of the Council Chambers, 22
Civic Center Plaza, at 4:10 p.m. on July 17, 1998.
MAYORAL PROCLAMATIONS
Motion: Declare and instruct Clerk to enter proclamations into the Minutes.
16.A.
Commending Washington Mutual's "Putt for Education" Kick-off, a $1 million
campaign to benefit local schools on July 9, 1998
16.B.
Commending Beta Pi Sigma Sorority, Incorporated on its Alpha Delta Chapter
chartering on July 18, 1998
16.C.
Declaring "Food 4 Less Day" in recognition of the grand opening of the new Food
4 Less store at 2140 South Bristol Street on July 21, 1998
16.D.
Commending Open MRI on its grand opening cclebration at 2620 S. Bristol Street
on July 30, 1998
CITY COUNCIL MINUTES 216 August 3, 1998
CONSENT CALENDAR
16.E.
16.F.
Commending The First American Financial Corporation on the ground breaking
celebration of its new facility at MacArthur Place on July 31, 1998
Commending the Mexican-American Opportunity Foundation for sponsoring the
3rd Annual Fiesta at the Santa Ana Zoo on August 8, 1998
MISCELLANEOUS - ADMINISTRATION
l 9.A. INVESTMENT REPORT
Motion: Receive and file.
Quarterly Report on Investments for period ending June 30, 1998 - Finance and
Management Services FILE CA
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A.
APPROPRIATION ADJUSTMENT NO. 99-011 - COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS REALLOCATION FOR HOWE-
WAFFLE HOUSE
Motion: Approve appropriation adjustment. (Requires five affirmative votes.)
Transferring $7,500.00 in 1998-99 Community Development Block Grant funds
from PROJ 7515 for the Johnson Chapel AME Church/Blacksmith Shop to PROJ
7560 for Santa Ana Historical Preservation Society Restoration project at the
Howe-Waffle House - Finance and Management Services FILE CA
20.B.
APPROPRIATION ADJUSTMENT AQUATICS 99-012 - EXTENSION OF
SUMMER PROGRAM HOURS
Councilmember Franklin expressed appreciation to the Parks, Recreation and Community
Services Agency for extending the hours of operation at City swimming pools.
Motion: Approve appropriation adjustment. (Requires five affirmative votes.)
Transferring $16,000.00 from various Recreation and Community Services
Administrative accounts to the Recreation Aquatics account for the extension of
summer aquatics program hours at various city pools - Finance and Management
Services FILE CA
CITY COUNCIL MINUTES 217 August 3, 1998
CONSENT CALENDAR
MOTION: Franklin
VOTE:
ABSENT:
SECOND: McGuigan
AYES: Franklin, Lutz, McGuigan, Moreno, Richardson
NOES: None
Espinoza, Pulido
GRANTS
21 .A.
APPROPRIATION ADJUSTMENT 99-013 - DOMESTIC VIOLENCE VICTIM
ADVOCACY PROGRAM
Motion: 1. Adopt resolution.
RESOLUTION 98-037 - A resolution of the City Council of the City of Santa Ana
authorizing the Chiefo£Policc to submit a grant award agreement to the Office of
Criminal Justice Planning for the Domestic Violence Victim Advocacy Program -
Police Department FILE CA
2. Approve Appropriation Adjustment. (Requires five affirmative votes)
Recognizing $105,000.00 from the Office of Criminal Justice Planning and
$3,000.00 from Community Services revenues and $28,396 from Police
Department's District Investigations and appropriating ail for the Domestic
Violence Victim Advocacy Program - Finance and Management Services
FILE CA
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Requests for Council Action.
22.A.
PHOTOGRAPHIC SUPPLIES - VARIOUS AGENCIES - To Graphic
Distributors to amend the contract in the amount of $20,129.54 for a total contract
amount not to exceed $78,129.54. - Finance and Management Services
SPEC 94-090
22.B.
POLICE AMMUNITION - To San Diego Police Equipment Co., Inc. for a one-
ycar renewal in the estimated annual amount of $17,500.00 - Finance and
Management Services SPEC 96-046
22.C.
UNISYS OPERATING SOFTWARE LICENSING AND MAINFRAME
HARDWARE MAINTENANCE - To Unisys Corporation for a one-year renewal
in the estimated annual amount of $225,000.00 - Finance and Management
Services
SPEC 96-093
CITY COUNCIL MINUTES 218 August 3, 1998
CONSENT CALENDAR
22.D.
OVERHEAD DOOR MAINTENANCE - FIRE DEPARTMENT - To
Commercial Door of Orange County, Inc. for a one-year renewal in an annual
amount not to exceed $20,064.00 - Finance and Management Services
SPEC 97-048
22.E.
ANNUAL HAZMAT PHYSICAL AND RESPIRATORY EXAMINATIONS -
FIRE DEPARTMENT - To Pulmonary Consultants of Orange County for a 12-
month renewal in the annual amount of $16,254.00 - Finance and Management
Services SPEC 97-051
22.F.
MISCELLANEOUS AUTOMOTIVE ELECTRICAL PARTS - FLEET
MAINTENANCE DIVISION - To the following for a two-year period with
provision for two one-year renewals in the estimated annual amounts indicated:
SPEC 98-041
C & C Automotive Distributors
Pacific Supply Co.
Adamson Industries
Orange County Auto Parts
$15,023.00
14,991.00
7,973.00
1,436.00
22.G.
INMATE MEDICAL SERVICES - SANTA ANA HOLDING FACILITY - To
Correctional Managed Care Medical Corporation for a three-year period with
option for two one-year renewals in the estimated annual amount of $649,460.00 -
Finance and Management Services SPEC 98-049
22.H.
PHOTOCOPIERS (11) - CENTRAL SERVICES DIVISION - To Minolta
Business Systems, Inc. in the amount of $81,193.94 and maintenance for four
years in the estimated amount of $78,826.00 for a total of $157,869.94 - Finance
and Management Services SPEC 98-051
22.I.
VEHICLE BRAKE PARTS - FLEET MAINTENANCE DIVISION - To the
following for a two-year period with provision for two one-year renewals in the
estimated annual amounts indicated - Finance and Management Services
SPEC 98-067
Gateway Chevrolet
C & C Automotive
Orange County Auto Parts
H & H Auto Parts
Pacific Supply
Carter & Co.
$23,756.00
9,095.00
4,687.00
4,474.00
1,432.00
1,181.00
22.J.
UNINTERRUPTIBLE POWER SUPPLY SYSTEM - FIRE STATION 5 - To
UPSCO Powersafc Systems, Inc. in the amount of $17,046.00 and preventive
maintenance for an additional three years in the amount of $3,600.00 for a total of
$20,646.00 - Finance and Management Services SPEC 98-069
CITY COUNCIL MINUTES
219 August 3, 1998
CONSENT CALENDAR
22.K.
AUTOMOTIVE BATTERIES - FLEET MAINTENANCE - To the following for
a 24-month period with option for two 12-month renewals in the estimated annual
amounts indicated - Finance and Management Services SPEC 98-070
Enterprise Battery Warehouse
Powerton
AA Battery Service, Inc.
$15,705.00
3,357.00
2,295.00
22.L.
TIME CLOCK INSTALLATIONS (64) IN AIR CONDITIONING SYSTEM -
REGIONAL TRANSPORTATION CENTER - To Adelphia, Inc. d/b/a Chandler's
Air Conditioning & Refrigeration in the amount of $14,691.00 - Finance and
Management Services SPEC 98-071
22.M.
SAFETY GLOVES - CENTRAL STORES - To Hantover, Inc. for a 12-month
period with provision for t;vo 12-month renewals in the estimated annual amount
of $14,955.00 - Finance and Management Services SPEC 98-075
22.N.
WATER WORKS SUPPLIES - PUBLIC WORKS AGENCY - To the following
for a two-year period with provision for two one-year renewals in the estimated
annual amounts indicated - Finance and Management Services
SPEC 98-077
Wells Supply Company
Marden Susco, LLC
$41,714.00
9,656.00
22.0.
FIRE HYDRANTS, EXTENSIONS, AND REPAIR KITS - PUBLIC WORKS
AGENCY - To Marden Susco LLC for a two-year period with provision for two
one-year renewals in the estimated annual amount of $51,587.00 - Finance and
Management Services SPEC 98-078
22.P.
MICROFILM READER/PRINTER - PLANNING AND BUILDING AGENCY -
To Minolta Business Systems in the amount o£$36,151.42 - Finance and
Management Services SPEC 98-083
PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT,
CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES
Motion: Award in accordance with Requests for Council Action.
23.A.
FIFTH STREET REHABILITATION FROM ROSS STREET TO MAIN
STREET - To R.J. Noble Company in the estimated amount of $171,729.00 with a
total estimated construction cost of $227,450.00 - Public Works Agency
PROJ 2198A
CITY COUNCIL MINUTES 220 August 3, 1998
CONSENTCALENDAR
23.B.
17th STREET MEDIANS - BRISTOL TO BROADWAY
Councilmember Moreno announced he had a Conflict of Interest regarding the item and left the
dais.
Staffpresentation by Engineering Services Manager George Alvarez
The following individuals spoke in opposition to the proposed median improvements citing
such issues as a lack of community input regarding the project's design, fear of increased traffic,
negative impacts on businesses, and concerns for the safety of children and students in the area:
Eric Byron
David Groner
John Hankey
Scott Homer
Howard Kiefer
John MacDowell
Michele Morrisey
Merle Rabine
Tim Rush
Claudia Stoltz
Ron Townsend
Craig Williams
Mel Vernon
Miles Leach
Jim Gartner
Paul Groner
David Hartman
Julie Humphreys
Scott Lissoy
Tami Martinez
Rhonda Nalisnik
Francisco Ramirez
Carol Stoltz
Thomas Yett
Floyd Watson
Myke Wingett
Ralph Perez
Joc Vielma
The following individuals expressed support for the proposal:
Richard Tait
Bruce Sinclair
Motion: I. Award in accordance with Requests for Council Action.
17TM STREET REHABILITATION WITH LANDSCAPED MEDIANS FROM
BRISTOL TO BROADWAY - BAKER STREET REHABILITATION FROM
17TM TO SANTIAGO CREEK - To R. J. Noble Company in the estimated amount
of $1,582,260.50 with a total estimated construction cost of $1,987,500.00 - Public
Works Agency PROJ 1585
2. Adopt resolution.
RESOLUTION 98-044 - A resolution of the City of Santa Ana approving use of
the Program Environmental Impact Report for the Circulation Element of the City
of Santa Ana General Plan for the construction of Seventeenth Street and
Landscaped Medians from Bristol Street to Broad~vay - Planning and Building
Agency FILE CA
CITY COUNCIL MINUTES
221 August 3, 1998
CONSENT CALENDAR
MOTION: Franklin
VOTE:
ABSENT:
SECOND: Lutz
AYES: Franklin, Lutz, McGuigan, Richardson
NOES: None
Espinoza, Moreno, Pulido
AGREEMENTS
Motion:
Direct the City Attorney to prepare and the Mayor and Clerk of the Council to
execute agreements.
25.A
WORKERS' COMPENSATION LEGAL EXPENSES - AMENDMENT - With
Wogee, Hagner & Hudes in the estimated annual amount of $85,000.00 -
Personnel Services AGMT 98-106
25.B.
TEMPORARY DEVELOPMENT SERVICES - FIRST AMENDMENT - With
Hogle-Ireland, Inc. in an amount not to exceed $40,000.00 - Public Works Agency
AGMT 98-107
25.C.
MULTI-FAMiLY ULTRA-LOW FLUSH TOILET PROGRAM - With the
Municipal Water District of Orange County in an amount not to exceed $7,000.00
- Public Works Agency AGMT 98-108
25.D.
LEASE OF OFFICE SPACE - REGIONAL TRANSPORTATION CENTER -
With Tres Estrellas de Oro for the period August 1, 1998-July 31, 2002 in the
monthly amount of $2,904.20 - Community Development Agency
AGMT 98-109
25.E.
OUTREACH SERVICES - With the Boys and Girls Club of Santa Ana in the
amount of $50,000.00 - Recreation and Community Services (Councilmember
Richardson abstained) AGMT 98-110
LAND USE MATTERS
CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS
31A. VA 98-04 - ,400 E. 4th St. - SIGN CODE
FILED BY ARTURO AND CLAUDIA ARELLANES
Manuel Pefia indicated the Arellanes were unclear regarding the action to be taken by Council
and suggested the item be continued.
Motion: Continue gA 98-04 to September 8, 1998 Council meeting.
CITY COUNCIL MINUTES 222 August 3, 1998
CONSENT CALENDAR
MOTION: Lutz
VOTE:
ABSENT:
SECOND: Franklin
AYES: Franklin, Lutz, McGuigan, Richardson
NOES: None
Espinoza, Moreno, Pulido
***END OF CONSENT CALENDAR***
BUSINESS CALENDAR
RESOLUTIONS
55.A. CONFLICT OF INTEREST CODE
Motion: Adopt resolution.
RESOLUTION 98-038 - A resolution of the City Council of the City of Santa Ana
amending the Conflict of Interest Codes of certain city agencies and departments -
Clerk of the Council
MOTION: Franklin
VOTE: AYES:
NOES:
ABSENT:
Espinoza, Moreno, Pulido
SECOND: McGuigan
Franklin, Lutz, McGuigan, Richardson
None
FILE CA
PUBLIC HEARINGS
75.A. 1997-98 DANGEROUS AND ABANDONED BUILDING PROGRAM REPORT
Public hearing for the purpose of confirming the FY 97-98 Dangcrous and Abandoned
Buildings Program Report and authorizing transmittal of uncollected charges to the County of
Orange Office of Auditor-Controller
CITY COUNCIL MINUTES 223 August 3, 1998
PUBLIC HEARINGS
Legal Notice published in the Orange County Register, posted on June 26, 1998, and mailed on
June 29, 1998 and July 8, 1998
The Mayor Pro Tem opened the public hearing regarding the Building Program Report at 9:42
P.M.
Planning and Building Agency Executive Director Robyn Uptegraff presented the staff report
and provided the Council with a revised exhibit of proposed assessments.
Presentation of written communications by Clerk of the Council Janice C. Guy: None
There were no speakers on the matter.
The Mayor Pro Tem closed the public hearing at 9:45 P.M.
Moron:
Adopt resolution.
RESOLUTION NO. 98-032 - A resolution of the City Council of the City of Santa
Ana overruling objections to and confirming the report of the Executive Director
of the Planning and Building Agency pertaining to the cost of abatement of
various structures declared to be public nuisances; making, confirming and levying
assessments for such costs; and ordering a copy thereof to be recorded with the
County Auditor, Assessor and Tax Collector - Planning and Building Agency
MOTION: Lutz
SECOND: McGuigan
VOTE: AYES: Franklin, Lutz, McGuigan, Richardson
NOES: None
ABSENT Espinoza, Moreno, Pulido
FILE ABATE
75.B.
Motion:
ABANDONMENTS 98-02 THROUGH 98-05 - GLOBAL METAL RECYCLING
SITE - MINNIE~CHESTNUT~PiNE AREA
Legal Notice published in the Orange County Register on June 26 and July 3, 1998
Continue public hearing regarding Abandonments 98-02 through 98-05
indefinitely at staffs request.
MOTION: McGuigan
VOTE: AYES:,
NOES:
ABSENT:
SECOND: Franklin
Franklin, Lutz, McGuigan, Richardson
None
Espinoza, Moreno, Pulido FILE ABAN
CITY COUNCIL MINUTES 224 August 3, 1998
PUBLIC HEARINGS
75.C. AMENDMENT APPLICATION 98-09 - 2040 SOUTH CYPRESS
FILED BY BENJAMIN MENDOZA
AMENDMENT APPLICATION 98-09 to rezone property from Medium Density Multiple
Family Residential to Single-Family Residential-parking (R1-B) and allow vehicles to park on a
vacant parcel of land at Kelly's Body Shop
Recommended for approval by thc Planning Commission on July 13, 1998 by a 7/0 vote
Legal Notice published in the Orange Count,/Re~ister and mailed on July 24, 1998
The Mayor Pro Tem opened the public hearing rcgarding Amendment Application 98-09 at 9:46
P.M.
Presentation of staff report and staff comments by Planning and Building Agency Executive
Director Robyn Uptegraff
Presentation of written communications by Clerk of the Council Janice C. Guy: None
There wcre no speakers on the matter.
The Mayor Pro Tem closed the public hearing at 9:48 P.M.
Motion: Continue consideration of Ordinance No. NS-2365 to August 17, 1998 Council
meeting.
MOTION: Lutz
VOTE:
ABSENT:
AYE S:
NOES:
Espinoza, Moreno, Pulido
SECOND: Franklin
Franklin, Lutz, McGuigan, Richardson
None
FiLE CA
RECESS - 9:53-10:10 P.M. - Councilmcmber Moreno rejoined the mceting at 10:42 p.m.
COUNCIL ITEMS (TAKEN OUT OF AGENDA ORDER)
85.A. PUSHCART VENDOR REGULATIONS
On June 29, 1998 the Downtown Business Association submitted a letter to the City Council
requesting the removal of pushcarts from the Downtown area.
CITY COUNCIL MINUTES 225 August 3, 1998
COUNCIL ITEMS
Downtown Development Manager Charles View presented a slide show depicting improper
food storage, litter, and dirty sidewalks attributable to pushcart vending along Fourth Street.
Planning and Building Executive Director Robyn Uptegraff indicated that staff recommended
thc proposed ordinance be amended to set January 1, 1999 as the date for discontinuance of
pushcart operations in the Downtown.
The following individuals spoke in support of the ordinance:
Teresa Saldivar Sam Romero
Ray Rangel Joe Vielma
Alfredo Amezcua requested the ordinance be continued for 30 days to allow the pushcart
vendors to resolve the City's complaints.
Augustine Aguilar asked the Council to consider upgrading the quality of the pushcarts allowed
by the City in all locations.
Motion: 1. Amend Ordinance No. NS 2336 relating to SAMC Sec. 26-2(c) to add the
words 'from and after danuaO, 1, 1999 "following "Code, "place
ordinance on first reading, and authorize publication of title.
ORDINANCE NS-2366 - An ordinance of the City Council of the City of Santa
Ana amending the regulations for the operation of pushcarts in the Downtown
District - Planning and Building Agency
2. Adopt resolution.
RESOLUTION 98-045 - A resolution of the City Council of the City of Santa Aha
adopting pushcart standards for the Civic Center District - Planning and Building
Agency
MOTION: Richardson
VOTE:
ABSENT:
SECOND: Franklin
AYES: Franklin, Lutz, McGuigan, Moreno, Richardson
NOES: None
Espinoza, Pulido
PUBLIC HEARINGS continued
75.E. IMPOUNDED VEHICLE RELEASE FEES INCREASE FOR UNLICENSED
OR SUSPENDED DRIVERS (TAKEN OUT OF AGENDA ORDER)
Public hearing to consider a proposed increase in the Impounded Vehicles Release fee from
$62.00 to $125.00 for unlicensed or suspended drivers
CITY COUNCIL MINUTES 226 August 3, 1998
PUBLIC HEARINGS
Legal Notice published in the Orange County Register on July 25, and August 1, 1998
The Mayor Pro Tern opened the public hearing regarding the proposed increase in impounded
vehicle release fees at 10:46 P.M.
Presentation of staff report and staff comments by Police Chief Paul Walters
Presentation of written communications by Clerk of the Council Janicc C. Guy: None
There were no speakers on the matter
The Mayor Pro Tem closed the public hearing at 10:47 P.M.
Motion: Adopt resolution.
RESOLUTION 98-041 - A resolution of the City Council of the City of Santa Aha
amending the Miscellaneous Fee Schedule to increase the Vehicle Release fees for
vehicles impoundcd after drivers have been arrested or cited for driving without a
valid license - Police Department
MOTION: Franklin
VOTE: AYES:
NOES:
ABSENT:
Espinoza, Pulido
SECOND: Lutz
Franklin, Lutz, McGuigan, Moreno, Richardson
None
FILE CA
75.D.
EMINENT DOMA1N ACQUISITION - BILLBOARDS (2) - BRISTOL STREET
WIDENING
Public hearing to consider condemnation of billboards at 1111 and 1420 S. Bristol Street for the
widening of Bristol Street between McFadden Avenue and St. Andrew Place and to declare the
public necessity of the action
Note: California statutes require a 2/3 majority for condemnation actions.
Councilmember Moreno declared a Conflict of Interest and indicated he would not vote on the
matter, leaving an insufficient number of votes to approve a condemnation action.
Motion:
Continue Resolutions 98-039 and 040 to August 17, 1998 Council meeting
MOTION: McGuigan
SECOND: Franklin
VOTE: AYES: Franklin, Lutz, McGuigan, Richardson
NOES: None
ABSENT: Espinoza, Moreno, Pulido
FILE CA
CITY COUNCIL MINUTES
227
August 3, 1998
RECESSED TO COMMUNITY REDEVELOPMENT AGENCY FOLLOWED
IMMEDIATELY BY THE HOUSING AUTHORITY -10:49 P.M.
RECONVENED - 10:53 P.M. - All Councilmembers present except Espinoza and Pulido
COMMENTS
90.A. PUBLIC COMMENTS
There were no speakers.
90.B.
CITY COUNCIL COMMENTS
Councilmember Moreno:
announced that the racquetball courts at Santa Aha College had been removed
to provide additional classroom space but indicated the City and College would
work together to replace them;
conmnended staff on completing landscaping projects along McFadden, Raitt,
and Edinger Streets; and
requested that the City Council not hold Study Sessions in locations outside of
the Council Chambers.
Councilmcmber Richardson:
congratulated 1st American Title Company on the groundbreaking of its new
facility in the South Coast Metro area last week and recognized City
Manager David Ream, City Attorney Joe Fletcher, Community
Development Agency Executive Director Cindy Nelson, Planning and
Building Agency Executive Director Robyn Uptegraff, Public Works
Agency Executive Director Jim Ross for their diligence in bringing the
project to fruition; and
requested that the Council meeting be adjourned in honor of World War II
aviator and Medal of Honor recipient Ken Walsh who passed away recently
and asked that a letter of condolence be sent to Mr. Walsh's family on behalf
of the City Council.
Councilmember McGuigan:
extended congratulations to the Wilshire Square Neighborhood Association
on its recent successful Summer Concert; and
requested Public Works staff to investigate debris and trash behind an
abandoned gas station at 626 S. Newhope. St.
Councilmember Lutz congratulated the Santiago Little League on the opening of two new T-
Ball fields at El Salvador Park.
CITY COUNCIL MINUTES 228 August 3, 1998
COUNCIL COMMENTS
Councilmember Franklin:
reported his recent participation in a COP Task Force ride along and
commended the Police on this effective crime prevention program;
mentioned that the City's noise ordinance is enforced 24 hours per day and
noted a campaign to educate residents about the confidential nature of
reporting noise disturbances would be launched in the near future; and
commented that he had participated in UCI's Knowledge and Social
Responsibility Program for students last week, expressed regrets that no
Santa Ana students had been in attendance, and requested Executive
Assistant to the City Manager Lorraine Lazarine to assist in recruiting Santa
Ana students for the 1999 summer Program.
CLOSED SESSION - 11:07 P.M.-11:18 P.M. - ROOM 147
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 August 3, 1998 Council meeting.
95.A PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to
Government Code Section 54957 and Charter Section 705
City Attorney Annual Performance Review
95.B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
Property: 1244 South Bristol Street
Negotiating Party: Jorge and Maria Merino
Re: Termination of Land Sale Agreement
95. C. CONFERENCE WITH LEGAL COUNCIL - EXISTING LITIGATION pursuant
to Government Code Section 54956.9 (a)
Laura Scolaro
WCAB No. ANA030504
Matthew Michalski
WCAB Nos. AHM0061224, ANA0300895, ANA0238147
Michael Elliott
WCAB Nos. VNO0356157, AHM032980, AHM032981
CLOSED SESSION REPORT - COUNCIL CHAMBERS
Motion: Authorize settlements as follows:
CITY COUNCIL MINUTES
229 August 3, 1998
CLOSED SESSION
Laura Scolaro
WCAB No. ANA030504, compromise and release in the amount of $65,000
Matthew Michalski
WCAB Nos. AHM0061224, ANA0300895, ANA0238147
Compromise and release in the amount of $40,000
Michael Elliott
WCAB Nos. VNO0356157, AHM032980, AHM032981
Compromise and release in the amount of $33,000
MOTION: Richardson
SECOND: Lutz
VOTE: AYES: Franklin, Lutz, McGuigan, Richardson
NOES: None
ABSENT: Espinoza, Moreno, Pulido
ADJOURNMENT - 11:19 P.M - In memory o£Medal of Honor awardee Ken Walsh
JANICE C. GUY
Clerk of the Councii
CITY COUNCIL MINUTES
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August 3, 1998