HomeMy WebLinkAbout12-14-1998MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
DECEMBER 14, 1998
CALL TO ORDER
ATTENDANCE
POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
6:05 P.M.
COUNCILMEMBERS present:
MIGUEL A. PULIDO, Mayor
TOM LUTZ, Mayor Pro Tern (6.'06 P.M.)
LISA B1ST
ALBERTA D. CHRISTY
BRETT FRANKL1N (6:55 P.M.)
PATRICIA A. McGUIGAN
TED R MORENO
Absent:
None
STAFF present:
DAVID N. REAM, City Manager
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
PLEDGE OF ALLEGIANCE
CONSENT CALENDAR
Consent
Motion:
Approve staff recommendations on the following Consent Calendar Items.
MOTION: McGuigan SECOND: Bist
VOTE: AYES: Bist, Christy, McGuigan, Pulido
NOES: None
NOT-VOTiNG:
ABSENT:
Moreno
Franklin, Lutz
CITY COUNCIL MINUTES
353
DECEMBER 14, 1998
CONSENT CALENDAR
ADMINISTRATIVE MATTERS
ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS
Votes in this category may differ fi.om the vote on the Consent Calendar. The decision on these items
was made at a previous Council meeting and the vote carried forward. However, ifa Councilmember
was absent fi.om 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 December 11, 1998
Placed on first reading on December 7, 1998 by a 7/0 vote
ll.A.
LICENSE FEE WAIVER - GUIDE DOGS FOR THE DISABLED
ORDiNANCE NS-2376 - An ordinance of the City of Santa Ana amending Section
5-51 d) of the Santa Ana Municipal Code - Finance and Management Services
FILE CA
ll.B.
AMENDMENT APPLICATION 98-15 - PROPERTIES SOUTH OF BOWERS
MUSEUM BETWEEN MAIN AND BROADWAY
ORDINANCE NS-2377 - An ordinance of the City Council of the City of Santa
Aha rezoning certain property located at 120, 202, 206 and 210 West 20~' Street,
115~207 West 19th Street and 114-207 West 18~' Street from the Multi Family
Residential Zone District (R3) to the Professional Office Zone District (P) (AA No.
98-15) - Planning and Building Agency FILE CA
BOARDS/COMMISSIONS/COMMITTEES
13.A.
VACANCY REPORT - DECEMBER 11, 1998
Motion: Instruct Clerk to enter report into the Minutes.
Boards/Commissions
Cable Advisory Television Board
Community Redevelopment/Housing
Commission
Environmental and Transportation Advisory
Committee
Historic Resources Commission
Human Relations Commission
Library Board
Personnel Board
Planning Commission
Recreation and Parks Board
TOTAL
Vacancies
3
5
4
3
4
5
3
3
34
CITY COUNCIL MINUTES 354 DECEMBER 14, 1998
CONSENT CALENDAR
13.B.
Motion:
REAPPO1NTMENTS
Approve reappointment of the following recommended by Councilmember Bist as
Ward 2 representatives for terms expiring November 30, 2002.
Board/Commission
Historic Resources
Recreation and Parks
Appointee Term
Diann Marsh First Full
Fortino Rivera Second Full
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A.
The December 7, 1998 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 4:00 p.m. on December 2, 1998.
15.B.
Revised December 7, 1998 City Council Agenda pages were posted on the door of
the Council Chambers, 22 Civic Center Plaza, at 4:15 p.m. on December 4, 1998.
15.C.
The December 7, 1998 Closed Session Agenda was posted on the door of the
Council Chambers, 22 Civic Center Plaza, at 4:15 p.m. on December 4, 1998.
15.D.
The Notice of Adjournment of the December 7, 1998 City Council Meeting was
posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:42 p.m. on
December 7, 1998.
***END OF CONSENT CALENDAR***
55.A.
Motion:
BUSINESS CALENDAR
COUNCIL AND REDEVELOPMENT AGENCY COMMITTEES
Adopt resolution.. (CONCURRENT ACTION WITH AGENCY)
RESOLUTION 98-091 - A resolution of the City Council of the City of Santa Ana
establishing certain committees of the City Council - City Manager's Office
MOTION: Lutz
VOTE: AYES:
NOES:
NOT-VOTNG:
ABSENT:
SECOND: McGuigan
Bist, Christy, Lutz, McGuigan, Pulido
None
Moreno
Franklin
FILE CA
CITY COUNCIL MINUTES 355 DECEMBER 14, 1998
PUBLIC HEARINGS
75.A.
ABANDONMENTS 98-08 AND 98-09 - CUP 98-17 - TRACT MAP 15748 -
EAST 2~'r~ STREET ARTIST PROJECT
Public heating to consider vacating a portion of East 2nd Street between Main and Spurgeon
Streets in connection with the East 2nd Street Artist project
Recommended for approval by the Planning Commission on December 1, 1998 by a 6/1 vote
with MacDowell abstaining
Legal Notice published in the Orange County Register on November 6 and 13, 1998 and
November 27, 1998
Mayor Pulido explained that since he owned a business in the area adjacent to the project, he had
a conflict of interest and left the meeting.
Mayor Pro Tem Lutz opened the public heating regarding Abandonments 98-08 and 98-09,
Conditional Use Permit 98-17, and Tract Map No. 15748 for the East 2',d Street Artist Project at
6:07 p.m.
Presentation of staff report by Planning and Building Agency Executive Director Robyn
Uptegraff
Presentation of written communications by Clerk of the Council Janice C. Guy: Letter from
New City Housing Company dated December 7, 1998
Speakers:
Arthur Strock, the project's developer, spoke in support of the project and presented details
regarding the site plan, architectural elevations, plot plan and floor plans.
The Mayor Pro Tern closed the public hearing at 6:23 p.m.
Councilmember Franklin joined the meeting during Council's discussion of the project.
Councilmember Moreno opined a homeowners' association was needed to ensure ongoing
maintenance and upkeep of the project.
Motion: Adopt resolutions.
RESOLUTION 98-089 - A resolution of the City Council of the City of Santa Ana
approving Conditional Use Permit No. 98-17 to allow the creation of a live/work
community located at 201 North Main Street - Planning and Building Agency
RESOLUTION 98-090 - A resolution of the City Council of the City of Santa Ana
approving Tentative Tract Map No. 15748, creating 46 individual lots for a live/
work community located at 201 North Main Street (TTM No. 15748) - Planning
and Building Agency
CITY COUNCIL MINUTES
356
DECEMBER 14, 1998
PUBLIC HEARINGS
RESOLUTION 98-086 - A resolution of the City Council of the City of Santa Aha
vacating Second Street between Main and Spurgeon Streets with the exception of
the area at the intersection of Second and Bush, and the southerly 100 feet of the
Alley connecting Second and Third Streets lying between Main and Bush Streets -
Planning and Building Agency FILE ABAN
MOTION: Lutz SECOND: Bist
VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan
NOES: None
NOT-VOTiNG: Moreno
ABSENT: Pulido
RECESSED - 7:07 P.M.
RECONVENED - 7:25 P.M.
With only Conncilmembers Bist, Franklin, Lutz, and
McGuigan present for the balance of the meeting
WORK STUDY SESSION
WS.A. MUNICIPAL LAW OVERVIEW
City Attorney Joseph Fletcher provided an orientation regarding "City Council Legal Issues" that
included an overview of local government structure, a discussion of the differences between
general law and charter cities, Santa Ana's power as a charter city to legislate matters pertaining
to municipal affairs, and the Council's "other" governmental roles such as serving as the
Community Redevelopment Agency and Housing Authority.
Chief Assistant City Attorney Ben Kaufman discussed the differences between legislative
matters in which the City Council establishes policy and enacts laws of general application, and
quasi-judicial matters in which the City Council acts only after a fair and impartial hearing. He
advised the Councilmembers that decisions should be based on "substantial evidence in the
record," and facts learned through "ex parte" contacts (discussions with applicants) should be
disclosed.
Attorney Fletcher outlined the major statutes affecting Council conduct including the:
-Brown Act (open and public government);
-California Environmental Quality Act;
-Meyers-Millias-Brown Act (collective bargaining); and
-Political Reform Act.
He discussed the major components of the Brown Act in detail.
CITY COUNCIL MINUTES
357
DECEMBER 14, 1998
WORK STUDY SESSION
Chief Assistant Kaufman briefed the Council on the requirements of the Environmental Quality
Act, and Attorney Fletcher outlined the key elements of collective bargaining and conflict of
interest statutes. Fletcher concluded his presentation by expressing the commitment of the City
Attorney's Office to assist the Councilmembers with any questions regarding these laws.
In response to Councilmember Franklin, the City Attorney indicated that conflict of interest
regulations apply to designated City employees.
Councilmembers discussed the necessity to disclose facts learned at ex parte discussions.
Planning and Building Agency Executive Director Robyn Uptegraff advised the Council that her
staff holds basic training classes for new Planning Commissioners that the Councilmembers are
welcome to attend.
Councilmember Franklin suggested the information regarding the Environmental Quality Act be
conveyed to Environmental and Transportation Advisory Committee members.
Mayor Pro Tem Lutz recommended the City Attorney meet with new Councilmember Christy at
a convenient time to review the information since she was absent from the discussion.
WS.B. NEW DEVELOPMENT UPDATE
Planning and Building Agency Executive Director Robyn Uptegraff introduced Principal Plarmer
JeffRice who provided an overview of current development in the City.
Using a large City map, Rice "walked" the Council around the City, describing the status of
development on a site-by-site basis on all major projects such as a proposed J.C. Penney store at
MainPlace Mall, the Discovery Science Center, the under construction WalMart, a possible
business park at Associated Concrete, Mater Dei High School's expansion, and the new upscale
homes at 2828 N. Bristol St. Rice indicated he plans to make a more detailed and formal
presentation in the Council Chambers in the near future and responded to Councilmembers'
questions.
Councilmember Franklin requested staff to investigate a "growing" accumulation of demolition
materials at Warner and Main.
Executive Director Uptegraffnoted that her department provides a list of projects in site plan
review twice a month to Councilmembers to help them stay abreast on development.
WS.C. PUBLIC WORKS IMPROVEMENT PROJECTS UPDATE
Public Works Executive Director Jim Ross introduced City Engineer George Alvarez who
presented "Paving the Way for Smooth Riding," a report about current roadwork construction in
the City. Alvarez reported the City had recently obtained $10 million in grant funds for
pavement rehabilitation. He explained that projects are selected using a computerized Pavement
CITY COUNCIL MINUTES 358 DECEMBER 14, 1998
WORK STUDY SESSION
Management System that prioritizes needs based on an inventory of road condition and indicated
the improvements are scheduled based on this priority list when funding becomes available,.
Alvarez showed photos of numerous street reconstruction projects now underway on major
arterials and neighborhood streets. Both he and Executive Director Ross responded to
Councilmembers' questions.
Councilmembers discussed the need for related infrastructure improvements, specifically
referencing sidewalk damages caused by tree roots (1500 block ofN. Towner), deteriorated and
unpaved sidewalks (Laurelhurst) in the City's aged street light system (Wilshire Square).
90.A. PUBLIC COMMENTS
There were no speakers.
90.B. CITY COUNCIL COMMENTS
Councilmember McGuigan expressed pleasure and pride at the positive press and enthusiasm
regarding the soon-to-open Discovery Science Center on N. Main Street.
Councilmember Franklin congratulated staff on the excellence of the Work Study presentations.
ADJOURNMENT - 9:09 P.M.
Jani~e C. Guy,
Clerk of the Council
CITY COUNCIL MINUTES 359 DECEMBER 14, 1998