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Home My WebLink About10-19-1998MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 19, 1998 At 6:00 P.M. in the Council Chambers, 22 Civic Center Plaza, Deputy Clerk Mafia Ruano announced the City Council would meet in the Police Community Room for a Work Study Session and declared the City Council meeting adjourned to the Santa Ana 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 60 CIVIC CENTER PLAZA 6:27 P.M. ATTENDANCE COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON~ Mayor Pro Tern BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO (6:29p. m.) Absent: TONY ESPINOZA STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney ELIZABETH A. DANG, Senior Deputy Clerk of the Council PLEDGE OF ALLEGIANCE CONSENT CALENDAR The Mayor announced thc addition of Supplemental Agenda Item 22.B. as part of the Consent Calendar and thc motion for Item I 1 .A. was amended to continue for two weeks. Consent Motion: MOTION: Franklin VOTE: Approve staff recommendations on the following Consent Calendar Items. SECOND: Lutz AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None ABSENT: Espinoza, Moreno CITY COUNCIL lVlINUTES 296 OCTOBER 19, 1998 ADMINISTRATIVE MATTERS MINUTES Motion: Approve Minutes. 10.A. REGULAR MEETING OF OCTOBER 5, 1998 Note: Approved City Council minutes are available at the.following website address: http://www.ci.santa-ana.ca.us/cda/calendar/clerkpage.htm ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS Votes in this category may differ from the vote on the Consent Calendar. The decision on these items was made at a previous Council meeting and the vote carried forward. However, if a Councilmember was absent 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 County Reporter on October 9, 1998) Motion: Continue second reading of ordinance to November 2, 1998 at the request of staff. I1.A. AMENDMENT APPLICATION 98-12 - SPECIFIC DEVELOPMENT 66 - 1111 E. MCFADDEN AVE., #B (Placed on first reading on October 5, 1998 by a 5/0 vote with Espinoza and Moreno absent) ORDINANCE NS-2368 - An ordinance of the City Council of the City of Santa Ana rezoning certain property located at 1111 East McFadden Avenue from the Light Industrial Zone District (M1) 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: Place ordinances on second reading and adopt. ll.B. AMENDMENT APPLICATION 98-10 - 2840 S. BRISTOL (Placed on first reading on October 5, 1998 by a 5/0 vote with Espinoza and Richardson absent) 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 Commemial Zone District (C 1) (AA No. 98-10) - Planning and Building Agency FILE CA CITY COUNCIL MINUTES 297 OCTOBER 19, 1998 CONSENT CALENDAR 11.C. AMENDMENT APPLICATION 98-11 - DEVELOPMENT AGREEMENT 98- 01 - 3401, 3501 AND 3503 S. HARBOR (Placed on first reading on October 5, 1998 by a 5/0 vote with Espinoza and Richardson absent) 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 Ana approving a development agreement between the City of Santa Ana and Kaiser Permenente - Planning and Building Agency AGMT 98-153 NOTICE OF PUBLIC HEARINGS 12.A. ABANDONMENTS 98-2 - 98-5 - GLOBAL METAL RECYCLING SITE Motion: Adopt resolution setting for public hearing on November 16, 1998. RESOLUTION 98-074 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate the alley east of Minnie Street and north of Pine Street, a portion of Pine Street between Santa Fe Street and Minnie Street, a portion of an alley east of Minnie Street and north of Chestnut Avenue and a portion of Santa Fe Street between Chestnut Avenue and Walnut Street, setting a public heating thereon, and directing notice thereof to be posted and published - Public Works Agency FILE ABAN BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - OCTOBER 14, 1998 Motion: Instruct Clerk to enter report into the Minutes. Board Community Redevelopment/Housing Commission Library Board TOTAL Vacancies 2 4 CITY COUNCIL MINUTES 298 OCTOBER 19, 1998 CONSENT CALENDAR 13.B. APPOINTMENTS Motion: Appoint. Margaret A. Linton, recommended by Councilmember Lutz as the Ward 1 representative to the Library Board for partial term expiring November 30, 2000 (Replacing Bemardoni) FILE BC CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notices of posting into the Minutes. 15.A. The October 5, 1998 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:20 a.m. on October 1, 1998. 15.B. The October 5, 1998 City Council Closed Session Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 5:15 p.m. on October 2, 1998. 15.C. Supplemental Agenda Page for the October 5, 1998 City Council meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 5:15 p.m. on October 2, 1998. BUDGET MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 99-064 - CONSTRUCTION OF PARKING STRUCTURE - REGIONAL TRANSPORTATION CENTER Motion: 1. Award in accordance with Request for Council Action. PARKING STRUCTURE - REGIONAL TRANSPORTATION CENTER - To Ray Wilson Company, for the base bid plus add-on alternates Nos. 1 through 3 in the amount of $4,049,136.00 with a total estimated construction cost of $4,913,220.00 - Public Works Agency PROJ 2935 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $800,000.00 in unanticipated Transit Capital Improvement (TCI) funds and appropriating same to the Santa Ana Regional Transportation Center parking structure project - Finance and Management Services FILE CA C' CITY COUNCIL MINUTES 299 OCTOBER 19, 1998 CONSENT CALENDAR Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. CONSTRUCTION MANAGEMENT SERVICES - REGIONAL TRANS- PORTATION CENTER PARKING STRUCTURE - With CRRS Constructors, Inc. in an amount not to exceed $301,830.00 - Public Works Agency AGMT 98-154 INSPECTION AND TESTiNG SERVICES - REGIONAL TRANS- PORTATION CENTER PARKING STRUCTURE - With United Inspection and Testing Company in an amount not to exceed $72,190.00 - Public Works Agency AGMT 98-155 20.B. APPROPRIATION ADJUSTMENT 99-074 - EQUIPMENT FOR ABANDONED VEHICLE ABATEMENT PROGRAM Motion: Award in accordance with Request for Council Action Recognizing $8,155.00 in Abandoned Vehicle Abatement Program reimbursements revenue and appropriating same for the purchase of equipment for the Abandoned Vehicle Abatement program - Finance and Management Services FILE CA GRANTS 21.A. COMBINED TRANSPORTATION FUNDING PROGRAMS - CAPITAL IMPROVEMENT PROGRAM AMENDMENT Motion: 1. Adopt resolution. RESOLUTION 98-075 - A resolution of the City Council of the City of Santa Ana approving the submittal of 25 improvement projects to the Orange County Transportation Authority for funding under the Combined Transportation Program - Public Works Agency FILE CA Direct staff to amend the five-year Capital Improvement Program to incorporate the Combined Transportation Funding Programs projects list. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. 22.A. SURVEILLANCE EQUIPMENT - POLICE DEPARTMENT - To Systems Engineering & Management Company (SEMCO) in the amount of$118,777.00 - Finance and Management Services SPEC 98-110 CITY COUNCIL MINUTES 300 OCTOBER 19, 1998 I! I CONSENT CALENDAR 22.B. VOICEBOX DIGITAL COLLECTION (SURVEILLANCE) SYSTEM- POLICE DEPARTMENT - To JSI Telecom in the amount of $74,193.42- Finance and Management Services SPEC 98-092 AGREEMENTS Motion: Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. LEASE EXTENSION FOR SPACE AT REGIONAL TRANSPORTATION CENTER - With Greyhound Lines, Inc. for a five-year period ending September 30, 2003 in the annual amount of $20,600.00 for the first two years with the remaining three years increased annually according to the Consumer Price Index - Community Development Agency AGMT 98-156 25.B. PHARMACEUTICAL SUPPLIES - With Western Medical Center in an amount not to exceed $30,000.00 per year - Fire Department AGMT 98-157 RESOLUTIONS 55.A. Motion: ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR COUNCIL MEMBER PARTICIPATION 1N CALPERS HEALTH PROGRAM Adopt resolution. RESOLUTION 98-076 - A resolution of the City Council of the City of Santa Ana electing to be subject to Public Employees' Medical and Hospital Care Act only with respect to members of a specific employee organization fixing the employer's contribution for employees and the employer's contribution for annuitants at different amounts - Personnel Services FILE CA MOTION: McGuigan SECOND: Franklin VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None NOT VOTING: ABSENT: Moreno Espinoza CITY COUNCIL MINUTES 301 OCTOBER 19, 1998 PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION 98-09 - 2040 SOUTH CYPRESS FILED BY BENJAMIN MENDOZA (The Mayor Pro Tem closed the public hearing on August 3, 1998 and the matter was continued by Council on August 17, 1998 by a 4/0 vote with Espinoza, Moreno and Pulido absent) 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 the Planning Commission on July 13, 1998 by a 7/0 vote Motion: Continue Amendment Application 98-09 to December 21, 1998. ORDINANCE NO. NS-2365 - An ordinance of the City of Santa Ana rezoning certain property located at 2040 South Cypress Avenue from the Medium Density Multiple Family Residential Zone District (R3) to the Single-Family Residential-Parking Zone District (R1-B) (AA No. 98-09) - Planning and Building Agency FILE CA MOTION: Franklin SECOND: McGuigan VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: None NOT VOTING: Moreno ABSENT: Espinoza 75.B. SEXUALLY ORIENTED BUSINESSES - MORATORIUM EXTENSION Proposal to extend the moratorium prohibiting the establishment of new or expansion of any existing adult entertainment business Legal notice published in the Orange County Register on October 9, 1998 The Mayor opened the public hearing regarding the proposal to extend the moratorium regarding adult entertainment businesses at 6:30 p.m. Presentation of written communications by Senior Deputy Clerk of the Council Elizabeth A. Dang: None There were no speakers on the matter. CITY COUNCIL MINUTES 302 OCTOBER 19, 1998 PUBLIC HEARINGS The Mayor closed the public heating at 6:31 p.m. Motion: Adopt emergency ordinance. (Requires five affirmative votes) ORDINANCE NS-2372 - An emergency ordinance of the City of Santa Ana extending the prohibition on the establishment of any new, or expansion of any existing, adult entertainment business, and providing an exception process for certain businesses - Planning and Building Agency FILE CA MOTION: McGuigan VOTE: AYES: NOES: NOT VOTING: ABSENT: SECOND: Lutz Franklin, Lutz, McGuigan, Pulido, Richardson None Moreno Espinoza 75.C. CONDITIONAL USE PERMIT 98-15 - 111 N. MAIN STREET - ALCOHOLIC BEVERAGE CONTROL LICENSE FILED BY LARRY LAKE CUP 98-15 to allow a Type 21 Alcohol Beverage Control License at a proposed Rite-Aid drug store in the Central Business District-Artist Village (C3-A) Recommended for approval by the Planning Commission on October 12, 1998 by a 5/1 vote with MacDowell dissenting and Nalle absent Legal notice published in the Orange County Register on October 1 I, 1998 and mailed on October 12, 1998 The Mayor indicated that he would not participate nor vote since his business was in close proximity to the project. The Mayor Pro Tem opened the public hearing regarding Conditional Use Permit 98-15 at 6:30 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Senior Deputy Clerk of the Council Elizabeth A. Dang: None The following persons spoke in favor of an entrance to the project fzom First Street: C CITY COUNCIL MINUTES 303 OCTOBER 19, 1998 PUBLIC HEARINGS Larry Lake, President, Lake Development Group, Inc. Harriet Harris, Property Owner and Developer in Artists Village Ray Payne, Rite-Aid Regional Director of Real Estate Chalap K. Sadam, Albert Grover and Associates Transportation Engineer The Mayor Pro Tem closed the public heating at 7:05 p.m. In response to a question by Councilmember McGuigan, Lake Development Group, Inc. President Larry Lake said that the presently established Rite-Aid in the 300 block of E. First Street will remain vacant for a six-month period rather than risk a new business being able to sell alcoholic beverages using the conditional use permit currently in place. Councilmember McGuigan expressed concern about the effect that the vacant storefront will have on the shopping center in the 300 block of E. First Street. Mayor Pro Tem Richardson commented that the Rite-Aid store on S. Bristol Street was not maintained as well as stores in other localities, and he sought the assistance of Rite-Aid Real Estate Regional Director Ray Payne in communicating that message to the appropriate parties in the Rite-Aid Company. Motion: Adopt resolution and direct staff to allow the requested curb cut on First Street. RESOLUTION 98-077 - A resolution of the City Council of the City of Santa Ana approving Conditional use Permit No. 98-15 to allow a Type 21 Alcohol Beverage Control License for off-premise consumption at the Rite-Aid Pharmacy located at 111 North Main Street - Planning and Building Agency FILE CA MOTION: Lutz SECOND: McGuigan VOTE: AYES: Franklin, Lutz, McGuigan, Richardson NOES: None ABSTAIN: Pulido NOT VOTING: Moreno ABSENT: Espinoza RECESSED TO COMMUNITY REDEVELOPMENT AGENCY- 7:08 P.M. CITY COUNCIL RECONVENED - 7:13 P.M. - With the same Councilmembers present except Moreno (Councilmember Moreno attended the meeting but was not in the room between 7:13 p. m. and 7:59p. m0 CITY COUNCIL MINUTES 304 OCTOBER 19, 1998 WORK STUDY SESSION WS.A. YOUTH SERVICES PLAN STATUS REPORT Recreation and Community Services Executive Director Cleve Williams presented an overview of the Youth Services Plan currently under development by staff. Information on the City's primary assets, which include financial resources targeted for Santa gna youth by the City, County of Orange, Santa gna Unified School District, and Federal and State grants, and the large number of collaborative efforts addressing youth issues, formed the foundation of the presentation. Williams also described in detail the major challenges facing Santa Ana youth including the large number of youth in the City and the small number of public parks, community centers, and youth clubs, as well as the low economic status of the families of these children. Also of significance is the school dropout rate and the high rate of teen pregnancies. The Youth Services Plan will reduce juvenile crime and violence, keep young people out of gangs and off of drugs, reduce teen pregnancy and increase opportunities for young people to succeed in school by developing a methodology and recommendations to address each of these areas. The preliminary recommendations include the following: · Strategic alliances to coordinate resources · Youth Commission recognized by the City Council · Joint use of community facilities · Prevention focus The final Plan is expected to be submitted to the City Council in March 1999, and the implementation of the Plan will commence in April 1999. The Councilmembers congratulated Williams and the staffon the impressive work already accomplished and offered their support. They also made the following comments and suggestions: · Involve school districts because it is the constituencies of the districts that are under discussion; · Seek out youth organizations and learn how to garner the meaningful support of youth leaders; and · Communicate with the faith community because that group has youth leaders, volunteers, experience in working with youth, and otlen available space. In conclusion, Mayor Pulido expressed his gratitude for a job well done with the Youth Services Plan status report and requested additional information regarding dropout rates, teen pregnancy rates, and level of facility programming in cities cited in preliminary report. Pulido stressed the importance of: · Parenting classes offered by the Santa Ana Unified School District noting the Plan must include all school districts that enroll Santa gna students; CITY COUNCIL MINUTES 305 OCTOBER 19, 1998 Ii [llil Ii ~ tll i i i i [11 ] I WORK STUDY SESSION · Exploring opportunities for parmerships with such groups as the Boy Scouts, Discovery Science Center and the Orange County Community Congregations Organization (OCCCO); and · Establishing a Truancy Center if feasible and determining what benefits such a center would provide. COMMENTS 90.A. PUBLIC COMMENTS There were no public speakers. 90.B. COUNCIL COMMENTS There were no Council comments. CLOSED SESSION 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 19, 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. Councilmember Moreno returned to the meeting at 7:59p.m. 95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9 (a) Community Redevelooment Agency Community Redevelopment Agency v. Nikolic OCSC Case No. 788572 City of Santa Ana City of Santa Ana v. Z. Kassabian, etc. OCSC No. 799449 City of Santa Aha v. Chief Auto Parts, etc. OCSC No. 799452 CITY COUNCIL MINUTES 306 OCTOBER 19, 1998 CLOSED SESSION 95.B. 95.C. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Name of Case: State Farm Insurance Co. (Madrid) v. City of Santa Ana Claim No. 98-124 CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiator: Kathie Romero SEIU Part-Time Employees CLOSED SESSION REPORT Motion: Authorize settlement as follow: Name of Case: State Farm Insurance Co. (Madrid) v. City of Santa Ana Claim No. 98-124 Settlement in the amount of $8,000.00 MOTION: Richardson VOTE: AYES: NOES: NOT-VOTING: ABSENT: SECOND: Lutz Franklin, Lutz, McGuigan, Pulido, Richardson None Moreno Espinoza ADJOURNMENT - 8:25 P.M. Elizabeth A. Dang, Senior Deputy Clerk of the Council CITY COUNCIL MINUTES 307 OCTOBER 19, 1998