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Home My WebLink About09-21-1998MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 21, 1998 At 6:00 P.M. in the Council Chambers, 22 Civic Center Plaza, Deputy Clerk Maria Ruano announced the City Council would meet in the Police Community Room for a Work Study Session and declared tine City Council mccting adjourned to the Santa Ama Police Community Room, 60 Civic Center Plaza, to convene at 6:15 p.m. or as soon as possible thereafter. CALL TO ORDER POLICE COMMUNITY ROOM 602 CIVIC CENTER PLAZA 6:18 P.M. ATTENDANCE COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tent TONY ESPINOZA (6.'23 P.M.) BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO (6:30 P.M.) Absent: NONE STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council PI,EDGE OF ALLEGIANCE CONSENTCALENDAR The Mayor announced the removal of Consent Calendar Item 31.A. for separate action. The Clerk of the Council reported Florence Leach had requested her comments regarding USMC Colonel Ken Walsh be added to the September 8 Council Minutcs (see Minutes page 260) and indicated that with thc Council's concurrence, the Minutes would be amended to that effect. Items removed for separate action are highlighted and show the actual vote. Items without votes were passed as part of the consent motion. CITY COUNCIL MINUTES 263 SEPTEMBER 21, 1998 CONSENT CALENDAR Consent Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: McGuigan VOTE: ABSENT: SECOND: Lutz AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: Nonc Espinoza, Moreno MINUTES Motion: 10.A. Note: ADMINISTRATIVE MATTERS Approve Minutes as amended. REGULAR MEETING OF SEPTEMBER 8, 1998 Approved City Council minutes are available at the following website address: http://www.ci.santa-ana.ca.us/cda/calendar/clcrkpage.htm BOARDS/COMMISSIONS/COMMITTEES 13.A. Motion: 13.B Motion: VACANCY REPORT - SEPTEMBER 16, 1998 lnstrucI Clerk to enter report into the Minutes. Board Vacancies Community Redevelopment/Housing Commission 2 Historic Resources Commissioo 9 Library Board 2 TOTAL 13 APPOINTMENTS Appoint. Louis Scott Brenes, 1615 N. Broadway, recommended by Councilmember Franklin as the Ward 3 representative to the Historic Resources Commission for a partial term cxpiring November 30, 2000 FILE BC Mary Ann Chamberlain, 2426 S. Rita Way, recommended by Councilmember McGuigan as thc Ward 6 representative to the Historic Resources Commission for a partial term expiring November 30, 1998 FILE BC CITY COUNCIL MINUTES 264 SEPTEMBER 21, 1998 CONSENTCALENDAR Diann Carol Marsh, 321 E. 8t~' Street, recommended by Councilmember Richardson as the Ward 2 representative to the Historic Resources Commission for a partial term expiring November 30, 1998 FILE BC Randall Simons, 1310 N. Louisc St., as the Community Redevelopment/Housing Commission representative to the Historic Resources Commission for a partial term expiring November 30, 2000 FILE BC Rose Anne Garcia Kings, 1110 S. Ross Street, recommended by Mayor Pulido as the Mayoral representative to the Historic Resources Commission for a partial term expiring November 30, 1998 FILE BC CLERK OF THE COUNCIL POSTING REPORT 15.A. The September 8, 1998 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:34 a.m. on September 3, I998. 15.B. The September 8, 1998 City Council Closed Session Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:45 p.m. on September 4, 1998. 15.C. Rcvised Agenda Pages for the September 8, 1998 City Council meeting were posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:45 p.m. on September 4, 1998. BUDGET MATTERS AGREEMENTS Motion: Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.A. MACARTHUR BOULEVARD WIDENING AT SR-55 UNDERCROSSING DESIGN SERVICES - With Orange County Transportation Authority for a total estimated design cost of $30,000.00 with Santa Ana's share of $15,000.00- Public Works Agency AGMT 98-136 LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS CITY COUNCIL MINUTES 265 SEPTEMBER 21, 1998 CONSENT CALENDAR 31.A. SIGN CODE VARIANCE 98-04 - 400 E. 4th STREET Manuel Pefia commented that he thought the Council had set this item for public hearing at its last meeting. Councilmember McGuigan explained that it had been her intention to call for a public hearing on VA 98-04 at the previous meeting, but apparently her motion was misunderstood. Motion: Set for public hearing on October 5, 1998. VA 98-04 - 400 E. 4th Street - Filed by Arturo and Claudia Arellanes to allow relief from the Sign Code in order to allow two wall signs in the General Commercial (C2) zoning district - Planning and Building Agency FILE CA MOTION: McGuigan SECOND: Richardson VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSTAIN: Espinoza ABSENT: Moreno ***END OF CONSENT CALENDAR*** MISCELLANEOUS - BUDGET (JOINT AGENCY/COUNCIL ITEM) 29.A. APPROPRIATION ADJUSTMENTS 99-45 AND 99-47 - GRAND CENTRAL ART CENTER (See also Community Redevelopment Agency Minutes) Motion: ]. Award contract. ELECTRICAL WORK FOR TENANT IMPROVEMENTS - GRAND CENTRAL ART CENTER - To Westside Electric in the amount of $59,700.00 - Community Development Agency AGMT 98-137 2. Approve. An amendment increasing the Grand Central Art City Project by $279,000.00 to cover unanticipated contingencies - Finance and Management Services PROJ 7697 CITY COUNCIl. MINUTES 266 SEPTEMBER 21, 1998 JOINT AGENCY/COUNCIL ITEM 3. Approve appropriation adjustments. (Requires five affirmative votes) AA 99-047 - Recognizing $104,500.00 in unanticipated Urban Development Action Grant (UDAG) loan repayment revenue and allocating same to the UDAG Grand Central Building project - Finance and Management Services FILE CA AA 99-045 - Recognizing $196,820.00 in available Public Works Administrative and General Fund rcvenue and loaning same to the Central City Redevelopment Project Area Grand Central building project - Finance and Management Services FILE CA MOTION: Richardson SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSENT: Espinoza, Moreno PUBLIC HEARINGS 75.A. GENERAL PLAN AMENDMENT 98-05 - 3330 SOUTH HARBOR FILED BY ARIC GLESS (CURRENTLY KNOWNN AS ROBINSON PHARMA) GENERAL PLAN AMENDMENT 98-05 to allow the floor area ratio to exceed Santa Ana Municipal Code limits in order to facilitate construction ora 23,392 square-foot mezzanine in the proposed 101,192 square-foot industrial building in the Light Industrial (M 1) zoning district Recommended for approval by the Planning Commission on August 24, 1998 by a 6/0 vote with Vcrino abscnt Legal Notice published in the Orange County Register and mailed on September 11, 1998 The Mayor opened the public hearing at 6:24 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 were no speakers regarding General Plan Amendment 98-05. The Mayor closed the public hearing at 6:26 p.m. CITY COUNCIl, MINUTES 267 SEPTEMBER 21, 1998 PUBLIC HEARINGS Motion: Adopt resolution. RESOLUTION 98-060 - A resolution of the City Council of the City of Santa Aha amending the General Plan of the City of Santa Ana to exceed the allowable floor area ratio for the proposed industrial building located at 3330 South Harbor Boulevard (GPA 98-05) - Planning and Building Agency FILE CA MOTION: McGuigan SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSENT: Espinoza, Moreno WORK STUDY WS.A. SEXUALLY ORIENTED BUSINESS REGULATIONS Police Chief Paul Waiters briefcd the Council on a proposed emergency ordinance which would impose a moratorium on the establishment of new, or expansion of existing, adult entertainment businesses for 45 days. Assistant City Attorney Ben Kaufmann reported the current regulations regarding adult businesses had been passed in the 1970's, and that a recent upswing in these types of businesses had caused staff to consider updating City standards regulating adult businesses. Kau fmann discussed: -recent court cases relating to adult businesses, addressing in particular the issue of land available for such uses; -types of businesses regulated such as adult bookstores, bars and massage parlors; and-two alternatives for locating the businesses -- concentrating them in one area or dispersing them throughout a jurisdiction. Kaufmann explained staff favored dispersed distribution. He further explained that in addition to requiring adult businesses to be located at least 1,000 feet away from residences, schools, day care centers, parks, churches and any other existing adult business, such business would now be restricted from fronting immediately on major arterials. He noted applications for new adult businesses would be administered by the Planning Manager. Motion: Adopt emergency ordinance. CITY COUNCIL MINUTES 268 SEPTEMBER 21, 1998 WORK STUDY ORDINANCE NS-2367 - An ordinance of the City of Santa Ana prohibiting the establishment of any new, or expansion of any existing, adult entertainment business, and providing an exception process for certain businesses - Planning and Buildiug Agency FiLE CA MOTION: Franklin SECOND: McGuigan VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSTAIN: Espinoza, Moreno COMMENTS 90.A. PUBLIC COMMENTS Thc following expressed concerns about the officer-involved shooting death of Jos6 Manuel Campos (currently under investigation by the District Attorney), asked that the Santa Aha Police Department inform them of any findings by the District Attorney's Office, and suggested the Cily consider establishing a Police Review Board: Benny Silva Josie Montoya Santos Chavez Carrah Rccd Ana Campos The City Manager said that he would insure that all the speakers had the namc and telephone number ora City contact regarding the issue. 90. B. COUNCIL COMMENTS There were no Council Comments. RECESS 7:02 - 7:12 P.M. CLOSED SESSION - 7:12-7:27 P.M. The Brown Act permits legislative bodies to discuss ccrtain matters without members of thc public present, provided thc items to be discnssed are posted 72 hours prior to the meeting. The following items were received for the September 21 City Council meeting. CITY COUNCIL M1NUTES 269 SEPTEMBER 21, 1998 CI,OSEI) SESSION 95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9 (a) Name o£Casc: Franco v. City of Santa Ana OCSC No. 784252, CSA Claim No. 97-105 Namc of Case: Hemandez v. City of Santa Ana USDC No. 92-622 Name of Case: Patrick P. Tocher v. City of Santa Ana Ninth Circuit Docket Nos. 97-55628 and 97-55660 CLOSED SESSION REPORT Motion: Authorize settlemen! as follows: Name of Case: Franco v. City of Santa Aha OCSC No. 784252, CSA Claim No. 97-105 in the amount of $32,500 MOTION: Richardson SECOND: Franklin VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: No~c ABSTAIN: Espinoza, Moreno ADJOURNMENT - 7:27 P.M. Clerk of the Council CITY COENCIL MINUTES 270 SEPTEMBER 21, 1998