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HomeMy WebLinkAbout10-05-1998MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CAEIFORNIA OCTOBER 5, 1998 CALL TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:14 P.M. COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, MayorPro Tern TONY ESPINOZA (6:31 P.M.) BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO (6:26 P.M.) Absent: None STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council INVOCATION Chaplain Roger Aragon Police Department PRESENTATIONS ~i~i~ recognizing their outstanding eflbrts in submitting the City's Empowerment Zone application presented by COUNCILMEMBER MC GUIGAN and Community Development Agency Executive Director Cindy Nelson to the following Community Development staff members: Rafael Anguiano Regan Candelario Carmen Melendez Sandi Gottlieb Shawna Lahey Enrique Perez (This presentation was taken out of Agenda order) CITY COUNCIL MINUTES 271 October 5, 1998 EMPLOYEE AWARDS MAYOR PULIDO 20 Years of Service Gregorio O. Zul Park Maintenance Worker II Recreation and Community Services 25 Years of Service David C. lzac Fire Engineer Firc Department Loren D. Moyer Fire Captain Fire Department Dennis R. Stueland Fire Captain Fire Department Amelia (Mellie) Clark Police Services Officer Police Department 30 Years of Service Juan L. Borja Senior Police Officer Police Department PRESENTATIONS ~,y~r:.~i:iE:~:¢~t~¢~aa!::~l~gg!~:~;a:~i[ presented by MAYOR PULIDO to Waste Management of Orange County General Manager Bob Coyle for his many civic contributions !~!:~¢~t~a~0~* declanng October 5, 1998 "Jim Morrissey Day" in recognition of his outstanding advocacy and service on behalf of the Santa Aha community presented by MAYOR PRO TEM RICHARDSON to Assemblyman Morrissey $125,000.00 check presented by Assemblyman Morrissey to Santiago Little League President Jose Carerra and Leaguc representatives for the construction of a concession building at E1 Salvador Park. ~i~l.i.~¢!i~ig!i recognizing Mobil Oil Corporation's outstanding support of the Boys & Girls Club of Santa Aha presented by MAYOR PRO TEM RICHARDSON, Boys and Girls Club Executive Director John Bre;vster, and Hoover Elementary School Principal Jan Boukathcr to: CITY COUNCIL MINUTES 272 October 5, 1998 John White, Santa Aha Mobil Oil Dealer Joe Wright, Mobil Oil Dealer Rep i~!i~::i~i~ recognizing contributors to the William H. Spurgeon Building Clock Tower Restoration by MAYOR PRO TEM RICHARDSON Birthday cake celebrating Santa Ana's 129~' birthday presented by Spurgeon Building Clock Tower Restoration Honorary Chair Tim Rush to Council ~t.i.J¢~ recognizing the Historic Resources Committee members for their outstanding contributions leading to the adoption of the Historic Resources Commission Ordinance presented by MAYOR PRO TEM RICHARDSON to the following: Elynore Barton Archie Berry Barbara Berry Rita Corpin David Ewing Ginelle Hardy Diann Marsh Tim Rush Todd Walsh "Testimonial of Sincere Appreciation" for his outstanding contributions to the City's historical preservation presented by Santa Ana Historical Society President Allison Young to MAYOR PRO TEM RICHARDSON HISTORIC RESOURCES COMMISSION ~ APPOINTMENTS AND OATHS 13, C. APPOINTMENTS (Taken out of Agenda Order) Motion: Appoint. Archibald Berry, 527 North Linwood, recommended by Councilmember Moreno as the Ward I representative to the Historic Resources Commission for a partial term expiring November 30, 2000 Rita Corpin, 315 E. Myrtle St., recommended by Councilmember Espinoza as the Ward 4 representative to the Historic Resources Commission for a partial term expiring November 30, 1998 Don Cribb, 2411 N. Spurgeon, as the Planning Commission representative to the Historic Resources Commission for a partial term expiring November 30, 2000 James Gartner, 2301 N. Rosewood Ave., recommended by Councilmember Lutz as the Ward 5 representative to the Historic Resources Commission for a partial term expiring Novembcr 30, 2000 CITY COUNCIL MINUTES 273 October 5, 1998 MOTION: Lutz VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None OATHS OF OFFICE Administered by the Clerk of the Council to the following Historic Resources Commission members: Archibald Berry, Ward 1 representative Louis Scott Brenes, Ward 3 representative Mary Ann Chamberlain, Ward 6 representative Rita Corpin, Ward 4 representative Rose Anne Garcia Kings, Mayoral representative James Gartner, Ward 5 representative Diann Carol Marsh, Ward 2 representative Randall Simons, Community Redevelopment/Housing Commission representative ~/~'~j~i~ recognizing her outstanding eflbrts in securing funds totaling $15,000 on behalf of the Oracle Corporation for the Discovery Science Center presented by MAYOR PULIDO to Director of Diversity Programs Jane Robertson ~i¢~i[i/recognizing his outstanding efforts on behalf of the Santa Ana Zoo Train project presented by MAYOR PULIDO to Past President of the Friends of the Santa Aha Zoo Howard Hall !~1~ recognizing the City of Santa Ana Public Works Agency's receipt of American Public Works Association, Southern California Chapter awards for four projects presented by Association President-Elect Robert Collacott to MAYOR PULIDO, Public Works Agency Executive Director Jim Ross and City staff members: George Alvarez Deanna Cline David Ip David Niknafs Sudi Shoja Ruth Smith Souri Amirani Ron Hawley Zed Kukula Ron Ono T.C. Sutaria David Urbin Award-winning Projects Westminster Avenue Rehabilitation Project Santa Aha Police Administration and Holding Facility Citywide Crosswalk Safety Study Rosita Park Renovation CITY COUNCIL MINUTES 274 October 5, 1998 ~/~i~/~ recognizing first Santa Ana teenagers to participate in American Athletic Union National Karate Championship presented by MAYOR PUL1DO to Coach Peter Mangosing and competitors Alex Diaz, 14; Hector Bravo, 15; and Idris Mangosing, 14. Coach Mangosing and a number of his students expressed gratitude to Recreation and Community Services Agency staff members Fred James, Pamela Rasmussen, Juan Lara, and Carmen Acosta for their assistance and support. ~::ii~ recognizing their outstanding attainment of the Santa Ana 2000 Scholarships and announcement of the Santa Ana 2000 Endowment Fund reaching the $1 million level, presented by COUNCILMEMBER MORENO to the following recipients: Blanca Covarrubias Dulce Gonzalez Patricia Lamas Christine Montes Leanna Murua David Ramirez Herminia Ramirez Yolanda Raya CONSENT CALENDAR AGENDA ITEM ADDED TO CONSENT CALENDAR Moron: Find that there is a need to take immediate action on Item 12.A. (See Minutes page 2 76) and that the need arose subsequent to the posting of the Agenda; and add ltem 12.A. to the Consent Calendar. MOTION: Richardson SECOND: Lutz VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None The Mayor announced: - Removal of Consent Calendar Items 20.I., 23.A., 23.B., and 25.A. for separate action; - Substitute motion to continue Item 20.G. to the October 19 Council meeting; and - Abstention by Pulido on Item 12.A. 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 275 October 5, 1998 CONSENTCALENDAR Consent Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None MINUTES Motion: 10.A. Note: ADMINISTRATIVE MATTERS Approve rain utes. REGULAR MEETING OF SEPTEMBER 21, 1998 Approved City' Council minutes are available at the following website address: http://www, ci. santa-aha, ca. us/cda/calendar/clerkpage, htm NOTICES OF PUBLIC HEARINGS 12.A. Motion: ABANDONMENTS 98-08 AND 98-09 - EAST 2ND STREET ARTIST PROJECT Adopt resolutions setting abandonments for public hearing on November 16, ! 998. RESOLUTION 98-073 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate Second Street between Main and Spurgeon Streets with the exception of the area at the intersection of Second and Bush, the southerly 100 feet of the alley connecting Second and Third Streets lying between Main and Bush Strcets, setting a public hearing thereon, and directing notice thereof to be posted and published - Public Works Agency MOTION: McGuigan SECOND: Richardson VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Richardson None ABSTAIN: Pulido CITY COUNCIL MINUTES 276 October 5, 1998 CONSENT CALENDAR BOARDS/COMMISSIONS/COMMITTE ES 13.A. VACANCY REPORT - SEPTEMBER 30, 1998 Motion: Instruct Clerk to enter report into the Minutes. Board Community Redevelopment/Housing Commission Historic Resources Commission Library Board Recreation and Parks Board TOTAL Vacancies 2 4 2 9 13.B. APPOINTMENTS Motion: Appoint. David Chapel, 421 W. Santa Clara, recommended by the Garden Grove Unified School District Board as its representative to the Board of Recreation and Parks for a partial term expiring November 30, 2000 (Replacing Reber) CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The September 21, 1998 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:35 p.m. on September 15,1998. 15.B. The September 21, 1998 City Council Closed Session Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 5:00 p.m. on September 18, 1998. 15.C. Revised Agenda Pages for the September 21, 1998 City Council meeting were posted on the door of the Council Chambers, 22 Civic Center Plaza, at 5:00 p.m. on September 18, 1998. 15.D. The Revised Supplemental Agenda for the September 21, 1998 City Council meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 5:00 p.m. on September 18, 1998. 15.E. Phil Reber's resignation from the Board of Recreation and Parks effective September 17, 1998 was posted on the door of the Council Chambers, 22 Civic Center Plaza on September 17, 1998. CITY COUNCIL MINUTES 277 October 5, 1998 CONSENT CALENDAR MAYORAL PROCLAMATIONS Motion: Declare and instruct Clerk to enter proclamations into the Minutes. 16.A. Recognizing and honoring Manuel Hernandez, Apple of Gold for Excellence Award Recipient, at the Hispanic Education Endowment Dinner on September 25, 1998 16.B. Recognizing the Board of Directors of the Orange County Hispanic Education Endowment Fund for reaching their goal of a $1 million endowment on September 25, 1998 16.C. Declaring September 27, 1998 as "Race for the Cure" Day in Santa Ana and commending the Susan G. Komen Breast Cancer Foundation for advancing research, education and treatment of breast cancer 16.D. Recognizing Bob Coyle for his 29 years of outstanding service to the community on the occasion of his leaving Waste Management of Orange County, Inc. on Septcmber 30, 1998 16.E. Declaring October, 1998 as Independent Living Month in Santa Ana and commending the Dayle Mclntosh Center for outstanding support of people with disabilities 16.F. Recognizing Children's Home Society of California on its grand opening celebration at 525 N. Cabrillo Park Drive, Suite 300 on October 2, 1998 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 99-055 - SANTA ANITA PARK PLAY EQUIPMENT Motion: 1. Adopt resolution. RESOLUTION 98-061 - A resolution of the City Council of the City of Santa Ana authorizing the execution of a grant agreement with Kaboom, a non-profit organization, for the design and construction of playground equipment (Phase I) at Santa Anita Park - Recreation and Community Services AGMT 98-138 CITY COUNCIL MINUTES 278 October 5, 1998 CONSENT CALENDAR 20.B. Motion: 20.C. Motion: 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $15,000.00 in Kaboom Grant program funds and appropriating same for the design and installation of playground equipment at Santa Anita Parks - Finance and Management Services FILE CA APPROPRIATION ADJUSTMENT 99-054 - MINNIE STREET COMMUNITY ACTION NETWORK PROGRAM Approve appropriation adjustment. (Requires five affirmative votes) Transferring $41,344.00 from Recreation and Community Services Agency's Youth and Community Services account and appropriating same for the Minnie Street Community Action Network program - Finance and Management Services FILE CA APPROPRIATION ADJUSTMENT 99-052 - ROOKIEBALL PROGRAM Approve appropriation adjustment. (Requires five affirmative votes) Accepting a grant in the amount of $4,000.00 from Angel's Care and appropriating same for the Rookieball youth baseball program - Finance and Management Services FILE CA 20.D.l. APPROPRIATION ADJUSTMENT 99-052 - EL SALVADOR PARK CONCESSION BUILDING Motion: [. Adopt resolution. RESOLUTION 98-062 - A resolution of the City Council oft he City of Santa Ama approving the application for state grant funds for El Salvador (Santiago Little League) concession building - Recreation and Community Services FILE CA AGMT 98-153A 2. Approve appropriation ac[justment. (Requires five affirmative votes) Recognizing $123,125.00 in State Grant funds and appropriating same for the construction of El Salvador Park concession stand - Finance and Management Services FILE CA Motion: Award in accordance with Request for Council Action. 20.D.2. EL SALVADOR PARK CONCESSION BUILDING - To SC Construction in accordance with lump sum prices for the base bid and alternates Al, A2, A3 and A4 in thc estimated amount of $164,650.00 with a total estimated construction cost of $217,900.00 - Public Works Agency PROJ 7996 CITY COUNCIL MINUTES 279 October 5, 1998 CONSENTCALENDAR 20.E. Motion: 20.F. Motion: 20.H. Motion: APPROPRIATION ADJUSTMENT 9%052 - RECREATION AND COMMUNITY SERVICES GRAFFITI REMOVAL VAN 1. Adopt resolution. RESOLUTION 98-063 - A resolution of the City Council of the City of Santa Ana approving the application for state grant funds for graffiti removal van - Recreation and Community Services FILE CA 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $49,250.00 in State Grant funds and appropriating same to purchase a van for the graffiti removal program - Finance and Management Services FILE CA APPROPRIATION ADJUSTMENT 99-057 - HARBOR BOULEVARD SMART STREET PROJECT Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. ENVIRONMENTAL AND TECHNICAL STUDIES FOR HARBOR BOULEVARD SMART STREET - With the City of Garden Grove - Public Works Agency AGMT 98-139 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $50,000.00 in the New Transportation System Area E fees and appropriating same for the Harbor Boulevard Smart Street project - Finance and Management Services FILE CA APPROPRIATION ADJUSTMENT 99-068 - TRAFFIC OFFENDER PROGRAM ]. Adopt resolutions. RESOLUTION 98-064 - A resolution of the City Council of the City of Santa Aha authorizing the Chief of Police to execute a grant award agreement with California Office of Traffic Safety (Resolution to follow) - Police Department FILE CA RESOLUTION 98-065 - A resolution of the City Council of the City of Santa Ana to amend the current annual budget to add five grant funded positions - Personnel Services FILE CA CITY COUNCIL MINUTES 280 October 5, 1998 CONSENT CALENDAR 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $680,590.00 in California Office of Traffic Safety's Traffic Offender Program grant funds and appropriating same to the Traffic Offenders Grant program - Finance and Management Services FILE CA 20.I. APPROPRIATION ADJUSTMENT 99-065 - COMMUNITY ORIENTED POLIC1NG (COP) TRAINING DEMONSTRATION CENTER Councilmember McGuigan commended the Police Chief and his staff for their efforts and exemplary work with the COP program and briefly enumerated the benefits that would accrue to the City as a result of the grant. Motion: 1. Adopt resolutions. RESOLUTION 98-066 - A resolution of the City Council of the City of Santa Aha authorizing the Chief of Police to execute a grant award agreement with the Office of Community Oriented Policing Services (Resolution to follow) - Police Department FILE CA RESOLUTION 98-066.1 - A resolution of the City Council of the City of Santa Ana to amending the current annual budget to add seven grant funded positions - Personnel Services FILE CA 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $1,000,000.00 in Community Oriented Policing Demonstration Center grant funds and appropriating $853,664.00 into Police Department COPS Demonstration Grant project and $146,336.00 into Recreation and Community Services Agency COPS Demonstration Grant project - Finance and Management Services Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. LEASE OFFICE SPACE FOR COP DEMONSTRATION CENTER iN WESTEND DISTRICT - With REEM Group for a term of one-year in an amount not to exceed $18,000.00 - Police Department AGMT 98-140 MOTION: McGuigan SECOND: Lutz VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MINUTES 281 October 5, 1998 CONSENTCALENDAR GRANTS 21.A. APPLICATION FOR FY 1999-2000 ENVIRONMENTAL ENHANCEMENT FUNDS - SANTIAGO CREEK RECREATION TRAIL PROJECT Motion: Adopt resolution. RESOLUTION 98-067 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds for the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highways Code for the Santiago Creek Recreation Trail Project - Recreation and Community Services FILE CA 2l .B. APPLICATION FOR FY 1999-2000 HABITAT CONSERVATION FUNDS - RECREATIONAL BIKE TRAIL IN SANTIAGO PARK Motion: Adopt resolution. RESOLUTION 98-068 - A resolution of the City Council of the City of Santa Aha approving the application for grant funds for the Local Agency Grant Program - Fiscal Year 1999/2000 under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Santiago Creek Recreation Trail Project - Recreation and Community Services FILE CA AGHT 98-139A SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. 22.A. SECURING VACANT BUILDINGS - PLANNING AND BUILDING AGENCY - - Finance and Management Services SPEC 96-049 To Interstate Field Services, Inc. to amend current contract in the amount of $20,919.00 for a total estimated annual amount of $75,000.00 To Interstate Field Services, Inc. for a one-year renewal period in the estimated annual amount of $75,000.00 22.B. HEATING, VENTILATION, AND AIR CONDITIONING FILTERS - VARIOUS CITY BUILDINGS - To Orange County Filters for a one-year renewal period in an annual amount not to exceed $15,673.00 - Finance and Management Services SPEC 97-078 22.C. CELLULAR PHONES, ACCESSORIES AND AIRTIME - POLICE DEPARTMENT - Finance and Management Services SPEC 98-089 CITY COUNCIL MINUTES 282 October 5, 1998 CONSENTCALENDAR 22.D. 22.E. 22.F. 22.G. 22.H. 22.I. 22.J. CELLULAR PHONE AND ACCESSORIES - To Western Wireless Communication in the amount of $11,843.88 CELLULAR AIRTIME - To Nextel Communications for a one-year period in the estimated annual amount of $78,000.00 GOLF CARTS (4) - POLICE FACILITY - To Saddleback Golf Carts, Inc. in the amount of $23,765.34 - Finance and Management Services SPEC 98-090 SPECIAL WEAPONS AND AMMUNITION MAGAZINES - POLICE DEPARTMENT - To James F. Wright in the amount of $15,931.20 - Finance and Management Services SPEC 98-091 JANITORIAL SUPPLIES - To the following in the estimated annual amounts indicated -Finance and Management Services SPEC 98-098 Waxie's Enterprises Kathco Products Maintex, Inc. National Sanitary Supply $20,753.00 11,040.00 4,211.00 2,635.00 HERBICIDES AND PESTICIDES - To Orange County Farm Supply to amend existing contract for a total estimated annual amount of $20,000.00 - Finance and Management Services SPEC 98-099 GRASS SEED - RECREATION AND COMMUNITY SERVICES - To Stover Seed Company in the amount of $9,051.00 - Finance and Management Services SPEC 98-103 SIGN INSTALLATION - COLONEL WILLIAM W. ELDRIDGE PARK - To Sign Experts in an amount not to exceed $18,000.00 - Finance and Management Services SPEC 98-104 REPLACEMENT FIRE PUMPER - To Boise Mobile Equipment, Inc. in the amount of $290,374.34 - Financc and Management Services SPEC 96-099 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES CITY COUNCIL MINUTES 283 October 5, 1998 CONSENT CALENDAR 23.A. FOURTH STREET REHABILITATION- MiNTER TO MABURY STREETS Noting the large number o f infrastructure projects in process, Mayor Pro Tem Richardson thanked Public Works Agency Executive Director Jim Ross and members of the staff for their efibrts, and commented that with the settlement of the Orange County bankruptcy, more invcstment in infrastructure improvements was now possible. Desi Reyes urged the Council to approve the 4th Street rehabilitation project. Motion: Award in accordance with Request for Council Action. FOURTH STREET REHABILITATION FROM MINTER TO MABURY STREETS - To Excel Paving in the estimated amount of $3,058,712.40 with a total estimated construction cost of $3,686,300.00 - Public Works Agency PROJ 7832 MOTION: Richardson SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Pulido, Richardson None ABSTAIN: Moreno 23.B. CONCRETE REPAIR OF TRENCHES, SIDEWALKS, CURBS Charles Bordenave expressed concern with the number of times the trees had been replaced on Segerstrom Avenue and commented that the old City Yard was an eyesore and the Armory overgrown with weeds. Motion: Award in accordance with Request for Council Action. CONCRETE REPAIR OF TRENCHES, SIDEWALKS, CURBS - VARIOUS LOCATIONS - To Los Angeles Engineering, Inc. in the estimated amount of $441,000.00 with a total estimated construction cost of $595,100.00 - Public Works Agency PROJ 0904 MOTION: Richardson SECOND: Lutz VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: Nonc CITY COUNCIL MINUTES 284 October 5, 1998 CONSENTCALENDAR 23.C. ASPHALT CONCRETE TRENCH REPAIR - VARIOUS LOCATIONS - To Hardy & Harper, Inc. in the estimated amount of $229,950.00 with a total estimated construction cost of $297,400.00 - Public Works Agency PROJ 0903 AGREEMENTS 25.A. CABLE TV CONSULTING SERVICES Councilmember Franklin requested staff to begin reviewing the City's cable franchise with Comcast Cablevision (scheduled for renewal in 1999). Councilmembers discussed a number of concerns regarding the current cable service such as a proposed rate increase, poor and interrupted reception during cable system rebuilding in western Santa Ana, faulty wiring connections, and insufficient broadcasting of community events. Councilmember Moreno urged the Council to challenge the proposed rate increase and inform Comcast of the City's dissatisfaction with its service. City Attorney Joe Fletcher and Recreation and Community Services Agency Executive Director Cleve Williams discussed some of the complexities of cable regulation corroborated by Councilmember McGuigan. Mayor Pulido requested the City Attorney and Executive Director work with the cable consultant to prepare findings as to how the Council might legally object to the proposed rate increase and place the appropriate Council action on the next possible Agenda. Motion: Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. CABLE TV CONSULTING SERVICES - With Communications Support Group in the amount of $37,600.00 - Recreation and Community Services AGMT 98-141 MOTION: Franklin SECOND: McGuigan VOTE: AYE S: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MINUTES 285 October 5, 1998 CONSENT CALENDAR Motion: Direct the City Attorney to prepare and the Mayor and the Clerk of the Council to execute agreements. 25.B. CONSULTING/TRAiNING SERVICES - VARIOUS CITY AGENCIES - With Tri-Source in the amount of $60,000.00 - Personnel Services AGMT 98-142 25.C. CONSULTING SERVICES - DEVELOPMENT PROJECTS PROCESSiNG - Amendment to agreement with Van Dell & Associates Inc. to increase the contract amount by $35,000.00 for a total contract amount of $75,000.00 - Public Works Agency AGMT 98-143 25.D. LICENSE AGREEMENT FOR CONSTRUCTION OF A WATER MAIN ACROSS THE RAILROAD RIGHT-OF-WAY ON FOURTH STREET - With the Orange County Transportation Authority - Public Works Agency AGMT 98-144 25.E. SUPPORT SERVICES - INTEGRATED TRAVELER INFORMATION SHARING SYSTEM - With Odetics, Inc, in an amount not to exceed $35,000.00 - Public Works Agency AGMT 98- 145 25.F. LICENSE AGREEMENT FOR INSTALLATION OF A GLOBAL POSITIONING SYSTEM MONUMENT AT THE CORPORATE YARD - With Southern California Integrated GPS Network - Public Works Agency AGMT 98-146 25.G. ELECTRONIC INFRASTRUCTURE PLAN AND SOFTWARE FOR SANTA ANA WORK CENTER - Amendment to agreement with Telfords increasing thc contract amount to $45,000.00 and extending the completion date to June 30, 1999 - Community Development Agency AGMT 98-147 25.H. COMPUTER NETWORK SERVICES - PUBLIC WORKS AGENCY - With Intergraph, Inc. in an amount not to exceed $10,500.00 - Public Works Agency AGMT 98-148 25.I. COMPUTER SYSTEMS ADMINISTRATION SERVICES - With Frazier Scott in the amount of $14,000.00 - Community Development Agency AGMT 98-149 25.J. LAPTOP COMPUTERS (60) - Amendment to agreement with AMREL Systems, Inc. increasing the contract by approximately $340,900.00 - Police Department AGMT 98-150 25.K. EASEMENT FOR THE WIDENING OF THE INTERSECTION OF HARBOR AND MACARTHUR BOULEVARDS - With Southern California Edison in the amount of $94,000.00 - Public Works Agency AGMT 98-151 CITY COUNCIL MINUTES 286 October 5, 1998 CONSENTCALENDAR Motion: 25.L. Renew agreements. PSYCHOLOGICAL SERVICES - With the following for a one-year renewal period in the amounts indicated - Police Department Dr. Eric Gruver in the amount of $35,000.00 AGMT 97-126 Dr. Susan Saxe-Clifford in the of $35,000.00 AGMT 97-127 ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR RESOLUTIONS 55.A. EXPANSION OF DUTIES - SANTA ANA VOLUNTEERS FOR EXCELLENCE (S.A.V.E.) VOLUNTEERS Motion: Adopt resolution. RESOLUTION 98-069 - A resolution of the City Council of the City of Santa Ana authorizing the Chief of Police to expand the duties of Santa Ana Volunteers for Excellence (SAVE) unit to enforce disabled parking statutes - Police Department FILE CA MOTION: McGuigan SECOND: Richardson VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None 55.B. FORMATION - EMERGENCY MANAGEMENT OPERATIONAL AREA FOR ORANGE COUNTY Motion: Adopt resolution. RESOLUTION 98-070 - A resolution of the City Council of the City of Santa Ana adopting an agreement between the City of Santa Aha, County of Orange and all other political subdivisions in Orange County to form an Emergency Management Operational Area in compliance with Title 19 California Code of Regulations, Section 2400 et seq., and Government Code Section 8550 et seq.- Fire Department AGMT 98-152 CITY COUNCIL MINUTES 287 October 5, 1998 BUSINESS CALENDAR MOTION: McGuigan VOTE: AYES: NOES: ABSTAIN: Espinoza SECOND: Lutz Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None COUNCIL RECESS - 8:37 P.M.-8:57 P.M. Councilmember Espinoza left the meeting at 8:37 P.M. PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION 98-12 - SPECIFIC DEVELOPMENT 66 - RELOCATION OF CAMBODIAN FAMILY, INC. - 1111 E. MCFADDEN AVE., #B AMENDMENT APPLICATION 98-13 to rezone property at 1111 E. McFadden Avenne from Light Industrial (MI) to Specific Development 66 and to permit the relocation of Cambodian Family Incorporated into the Markland Industries Building Recommended for approval by thc Planning Commission on September 14, 1998 by a 6/1 vote with Mondo dissenting Legal Notice published in the Oranae Count,/Register and mailed on September 25, 1998 Mayor Pulido opened the public hearing regarding Amendment Application 98-12 and Specific Development 66 permitting relocation of the Cambodian Family, Inc. at 8:57 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 Rifka Hirsch spoke in Pavor of the Amendment Application. Mayor Pulido closed the public hearing at 9:01 P.M. Motion: Place ordinance on firs! reading and authorize publication of title. CITY COUNCIL MINUTES 288 October 5, 1998 PUBLIC HEARINGS ORDINANCE NS-2368 - An ordinance of the City Council of the City of Santa Aha rezoning certain property located at 1111 East McFadden Avenue from the Light Industrial Zone District (M 1 ) to Specific Development No. 66 (AA No. 98-12) and adopting Specific Development No. 66 for said property - Planning and Building Agency FiLE CA MOTION: Richardson SECOND: McGuigan VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSENT: Espinoza, Moreno 75.B. AMENDMENT APPLICATION 98-10 - VA 98-09 - LUCKY'S/SAVON - 2840 S. BRISTOL AMENDMENT APPLICATION 98-10 to rezone property at 2840 S. Bristol from Commercial Residential (CR) to General Commercial (C1) VARIANCE 98-09 to allow a reduction in the required parking standards for a proposed Lucky-/Save-On Combo Store Recommended for approval by the Planning Commission on September 14, 1998 by a 7/0 vote Legal Notice published in the Orange Count,/Register and mailed on September 25, 1998 Mayor Pulido opened the public hearing regarding Amendment Application 98-10 and Variance 98-09 at 9:02 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 Mayor Pro Tern Richardson left the meeting at 9:03 P.M. John Abajian, nearby business owner, sought assistance from Council regarding several issues relating to his business. Chris Long, representing the applicant, spoke in favor of the Amendment Application and Variance. Mayor Pulido closed the public hearing at 9:06 p.m. Councilmember Moreno rejoined the meeting at 9:07 p.m. CITY COUNCIL MINUTES 289 October 5, 1998 PUBLIC HEARINGS Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2369 - An ordinance of the City Council of the City of Santa Ana rezoning certain property located at 2840 South Bristol Street from the Commercial Residential Zone District (CR) to the Community Commercial Zone District (C 1) (AA No. 98-10) - Planning and Building Agency Receive and file staff'report approving VA 98-09 as conditioned. FILE CA MOTION: Lutz SECOND: McGuigan VOTE: AYES: Franklin, Lutz, McGuigan, Moreno, Pulido NOES: None ABSENT: Espinoza, Richardson 75.C. AMENDMENT APPLICATION 98-11 - GENERAL PLAN AMENDMENT 98-04 - DEVELOPMENT AGREEMENT 98-01 - 3401, 3501 AND 3503 S. HARBOR FILED BY KAISER PERMANENTE AMENDMENT APPLICATION 98-11 to rezone property at 3401, 3501 and 3503 S. Harbor from Light Manufacturing (M1) to Professional (P) GENERAL PLAN AMENDMENT 98-04 to amend the Land Use Element from Industrial (I) to Professional (P) DEVELOPMENT AGREEMENT 98-01 to facilitate the construction of a Kaiser Permanente medical office building Recommended for approval by the Planning Commission on September 14, 1998 by a 6/1 vote with Mondo dissenting Legal Notice published in the Orange County Register and mailed on September 25, 1998 Mayor Pulido opened the public hearing regarding the rezoning of Kaiser Permanente at 3401, 3501, and 3503 South Harbor Light Manufacturing to Professional at 9:08 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 Richard Miller representing Kaiser Permanente indicate he was available to answer questions. CITY COUNCIL MINUTES 290 October 5, 1998 PUBLIC HEARINGS Mayor Pulido closed the public hearing at 9:13 p.m. Motion: 1. Place ordinances on first reading and authorize publication of title. ORDINANCE NS-2370 - An ordinance of the City Council of the City of Santa Ana rezoning certain property located at 3401, 3501 and 3503 South Harbor Boulevard from the Light Industrial Zone District (MI) to the Professional Office Zone District (P) (AA No. 98-11) - Planning and Building Agency FILE CA ORDINANCE NS-2371 - An ordinance of the City Council of the City of Santa Aha approving a development agreement between the City of Santa Aha and Kaiser Permcnente - Planning and Building Agency AGMT 98~ 153 2. Adopt resolution. RESOLUTION 98-071 - A resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan from Industrial (IND) to Professional and Administrative Office (PAO) with regard to property located at 3401, 3501 and 3503 South Harbor Boulevard (GPA 98-04) - Planning and Building Agency FiLE CA MOTION: McGuigan SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Moreno, Pulido NOES: None ABSENT: Espinoza, Richardson 75.D. VA 98-04 - 400 E. 4m STREET - WALL SIGNS FILED BY ARTURO AND CLAUDIA ARELLANES VARIANCE 98-04 to allow relief from the sign code to obtain two wall signs in the Central Business (C3) Zoning District Recommended for approval by the Plarming Commission on July 13, 1998 by a 4/3 vote with Verino, Mondo, and Nalle dissenting) Legal Notice mailed on September 24, 1998 Mayor Pulido opened the public hearing regarding Variance 98-04 at 400 East 4th Street at 9:13 P.M. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff CITY COUNCIL MINUTES 291 October 5, 1998 PUBLIC HEARINGS Presentation of written communications by Clerk of the Council Janice C. Guy: None Manuel Pena requested the variance be amended to allow the Arellanes to retain the store logo and sign as they currently exist in spite their exceeding allowable standards. Mrs. Arellanes explained the history of the sign problem, expressing regret that a mis- communication with City staff had resulted in the construction of the sign before fore, al approval had been granted. Mayor Pulido closed the public hearing at 9:27 p.m. Motion: Adopt resolulion. RESOLUTION 98-072 - A resolution of the City Council of the City of Santa Aha approving Variance No. 98-04, to allow relief from certain provisions of the Sign Code related to two wall mounted signs for the Mega Furniture Superstore located at 400 East Fourth Street - Planning and Building Agency FILE CA MOTION: McGuigan SECOND: Pulido VOTE: AYES: Franklin, Lutz, McGuigan, Pulido NOES: Nonc ABSTAIN: Moreno ABSENT: Espinoza, Richardson RECESSED TO COMMUNITY REDEVELOPMENT AGENCY FOLLOWED IMMEDIATELY BY THE HOUSING AUTHORITY - 9:38 P.M. TO 9:59 P.M. CITY COUNCIL RECONVENED - 10:00 P.M. All Councilmembers present except Espinoza and Richardson COMMENTS 90.A. PUBLIC COMMENTS Sean Mill said that some members of the City staff and City Council were doing a poor job and not performing in the best interest of the community. Charles Bordenave stated that Santa Aha residents will be receiving a water rate increase and that City salaries are too high. CITY COUNCIL MINUTES 292 October 5~ 1998 COMMENTS Jos6 Fernandez discussed his platform as a candidate for Santa Ana City Council in Ward 4. Florence Leach pointed out an October 4 Commentary article in the Orange County Register regarding the use of eminent domain by redevelopment agencies had featured the Miguel Pulido family. She also urged the public to be aware that a proposed light rail system included routing through Central Santa Aha. Victor Ugarte, representing the Santa Ana Soccer League, stated that his group is a non-profit association and expressed concerned that "for-profit" soccer leagues may be usurping the available fields in Santa Ana's parks. Henry Leason sought assistance with a development issue for use of the Moose Lodge as a church and was referred to Planning Manager Ken Adams by the Mayor. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno reported a lack of code enforcement regarding an abandoned vehicle on West 5t~' Street between Raitt and Sullivan Streets, and, noting this evening's meeting would probably be the last City Council meeting before the November 3 General Election, discussed his campaign platform for the Office of Mayor. Councilmember McGuigan: · praised Mervyn's Corporation for its participation in a "Community Closet" event at the Regional Transportation Center that provided new wardrobes and makeovers to unemployed women preparing to seek jobs; · announced the Wilshire Square Neighborhood Association's "Secret Gardens Tour and Tea" scheduled for October 10 from 11:00 A.M. to 4:00 P.M. along the 1300 block of S. Birch Street and a Literacy Program Open House to take place at the Newhope Branch Library on October 14 from 3:00 to 7:00 P.M.; and · requested that the Mayor adjourn the meeting in honor of Pat Johns, a docent at the Santa Ana Zoo who recently passed away, and asked that the Johns' family and the Friends of the Santa Ana Zoo be notified of the memorial tribute. Councilmember Lutz encouraged residents to call the Public Works Agency to remove fallen trees or limbs due to "Santa Ana Winds," and mentioned that campaign signs are not allowed in the public right of way nor should they be placed at high altitudes on private property without the permission of the property owner. Councilmember Franklin: commended both the Environmental and Transportation Advisory Commission and the Public Works Agency staff on the City's aggressive tree planting program and encouraged residents to plant trees on their properties as well; CITY COUNCIL MINUTES 293 October 5, 1998 COMMENTS · reported his attendance at the California League of Cities Conference in Long Beach last week, indicated he had sat in a Latino Caucus session and expressed support for the Caucus' goal to encourage Hispanic teens to attend college in the upcoming year; and · noted the large number of educationally-related projects unde~wvay in the Downtown and suggested the institutions needed to outreach to the Santa gna community. Mayor Pulido mentioned he had received a letter from Larry Tenney extolling Santa Ana's many cultural venues and asked staff to contact Tenney regarding his suggestion that Santa gna pursue regional recognition as Orange County's "Museum District." He also commented on the positive changes occurring in the Downtown, noting particularly that development was on the upswing and many of the vacant buildings repopulated. CLOSED SESSION - -Room 147- 10:48P.M.-11:07P.M. The Brown Act permits legislative bodies to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the meeting. The following items were received for the October 5, 1998 meetings of the City Council, Community Redevelopment Agency, and Housing Authority. Actions that are reported out of Closed Session are recorded in the minutes of the appropriate legislative body. 95.A PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 and Charter Section 705 Clerk of the Council Annual Performance Review 95.B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9 (a) Community Redevelovment A~encv Community Redevelopment Agency v. Nikolic OCSC Case No. 788572 City of Santa gna Name of Case: Hemandez v. City of Santa gna ~/ s,,-r,~o~,vr" USDC No. 92-622 I"/"~/~ Name of Case: Patrick P. Tocher v. City of Santa gna Ninth Circuit Docket Nos. 97-55628 and 97-55660 CITY COUNCIL MINUTES 294 October 5, 1998 CLOSED SESSION 95.C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 Claim by Mountain Laundry, Inc. ~ .~¥zr~_e,-~-f /o//~/qoc CLOSED SESSION REPORT - No action was reported out of Closed Session. ~ADJOURNMENT - 11:07 P.M. - In honor of Pat Johns Janice C. Guy Clerk of the Council CITY COUNCIL MINUTES 295 October 5, 1998