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HomeMy WebLinkAbout11-16-1998MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 16, 1998 CALL TO ORDER ATTENDANCE CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:12 P.M. COUNCILMEMBERS present: MiGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern TONY ESPiNOZA (7:31 p.m.) BRETT FRANKLIN TOM LUTZ 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 OFALLEGIANCE INVOCATION Chaplain Robert Barnett Police Department EMPLOYEE AWARDS MAYOR PULIDO 20 Years of Service Paul R. Johnson Sr. Park Maintenance Supervisor Recreation and Community Services Kenneth R. Yarbrough Equipment Operator Public Works Agency CITY COUNCIL MINUTES 309 November 16, 1998 PRESENTATIONS Mayor's Exceptional Citizen Award presented by MAYOR PULIDO to Louie Olivos, Jr. Certificates recognizing their outstanding participation in the Southern California Municipal Athletic Federation Championship Meet presented by MAYOR PULIDO, Recreation and Community Services Executive Director Cleve Williams and Recreation Center Director Dawna Sims to the following Santa Ana Swim Team members: Jason Avila Phillip Barnum, Jr. Amber Canales Marco de Leon Karla Fruichante Alex Gallardo Alexandra Gallegos Ramiro Gallegos Roberto Galvan Brenda Gamboa Julie Houth Lacy Larson Belilin Lopez Brenda Lopez Heather Lord Jonathan Lozano Chris Montenegro Jeff Montenegro Eleazar Pereda Kristin Radisay Nancy Sandoval Christina Tran Deanna Tran Certificate recognizing his outstanding contributions to the visual arts presented by MAYOR PULIDO to Ernesto Apomayta Chambi Certificate recognizing AirTouch Cellular for its generous donations of 40 "emergency use only" cellular phones for use in Neighborhood Watch and Community Oriented Policing programs presented by MAYOR PULIDO and Police Chief Paul Walters to Sierra Pacific Region Vice President of Engineering and Operations Jeff Chessher and representatives Joe Cylwik, Fernando Rico, Dennis Lowry, Melissa May, Dean Brown and Lea Peterson Proclamation recognizing his outstanding contributions to historical preservation and enrichment of Santa Aha culture presented by MAYOR PRO TEM RICHARDSON to Tim Rush Certificates recognizing Orange County Human Relations Commission's 1998 Community-Oriented Policing award winners presented by COUNCILMEMBER MCGUIGAN, Orange County Human Relations Commission Human Relations Specialist Ray Regalado, and Police Chief Paul Walters to the following Project S.A.I.N.T (Santa Ana Inter-Agency Team) participants: French Court Neighborhood President Ed McKie Orange County Congregation Community Organization represented by Fernando Cibrian and Enrique Sera Santa Ana Police Lt. Michael Foote CITY COUNCIL MINUTES 310 November 16, 1998 Certificate recognizing Aman Folk Ensemble, a nonprofit performing arts organization, for promoting ethnic musical arts presented by COUNCILMEMBER FRANKLIN to Executive Director Romalyn Tilghman, who invited the attdience to attend a "house warming" for Aman in the Artists Village on December 5, 1998 (For information, call (562) 986-4331). Certificate recognizing Zov's Bistro & Bakery Caf6 for providing free cooking lessons to Valley High School students presented by COUNCILMEMBER FRANKLIN to Business Owner Zov Karamardian SPECIAL PRESENTATION Orange County Grand Jury Recruitment Superior Court Commissioner Salvador Sarmiento announced the recruitment process was underway for the next Orange County Grand Jury and would conclude with the selection of nineteen new jurors who will serve from July 1999 through June 2000. He provided brochures to the Clerk of the Council for anyone interested in serving on the Grand Jury. CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Removal of items 13.C., 20.B., 23.B. and 25.B. for separate action; 2. Withdrawal of item 20.A. from the Agenda at staff's request; and 3. Abstention on items 11.A. and 25.E. by Moreno 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. Consent Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Lutz SECOND: McGuigan VOTE: AYES: Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: Espinoza MINUTES Motion: ADMINISTRATIVE MATTERS Approve minutes. CITY COUNCIL MINUTES 311 November 16, 1998 CONSENT CALENDAR IO.A. IO.B. Note: REGULAR MEETING OF OCTOBER 19, 1998 REGULAR MEETING OF NOVEMBER 2, 1998 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 carded 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 October 9, 1998) 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 and continued to November 2, 1998 at the request of staff) Motion: Continue indefinitely at request of applicant. 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 (Councilmember Moreno abstained.) BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - NOVEMBER 10, 1998 Motion: Instruct Clerk to enter report into the Minutes. Board Vacancies Community Redevelopment/Housing Commission 2 Environmental and Transportation Advisory Committee 1 Library Board 1 TOTAL 4 CITY COUNCIL MINUTES 312 November 16, 1998 CONSENT CALENDAR 13.B. ORANGE COUNTY WATER DISTRICT REPRESENTATIVE Motion: Accept resignation. Daniel E. Griset as the City's representative to thc Water District effective December 16, 1998 13.C BOARD/COMMISSION ATTENDANCE REPORT In response to Councilmember Moreno's inquiry about the process for removing Board and Commission members, the Clerk of the Council responded that, with the exception of the Personnel Board whose members can only be removed for "cause," Board and Commission members may be removed at any time by a majority vote of the Council. Councilmember Moreno directed the Clerk of the Council to place on the December 7 Council Agenda an item to remove all Board and Commission members designated as representing Ward 1 except the Ward 1 appointees to the Personnel Board, Human Relations Commission, and Historic Resources Commission. Motion: Receive and file report. Biannual Attendance Report April 1998 through September 1998 - Clerk of the Council FILE CA MOTION: Moreno SECOND: Richardson VOTE: AYES: Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: Espinoza CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The October 19, 1998 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on October 14, 1998. 15.B. The October 19, 1998 City Council Closed Session Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on October 16, 1998. 15.C. Revised Agenda Pages for the October 19, 1998 City Council meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:40 a.m. on October 16, 1998. CITY COUNCIL MINUTES 313 November 16, 1998 CONSENT CALENDAR 15.D. 15.E. 15.F. 15.G. Supplemental Agenda Page for the October 19, 1998 City Council meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:40 a.m. on October 16, 1998. The November 2, 1998 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 12:30 p.m. on October 28,1998. The Notice of Adjournment for the November 2, 1998 City Council meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 6:05 p.m. on November 2, 1998. Resignation of Lisa Bist from the Environmental and Transportation Advisory Committee effective November 5, 1998 was posted on the doors of the Council Chambers, 22 Civic Center Drive at 12:15 p.m. on November 5, 1998. MAYORAL PROCLAMATIONS Motion: Declare and instruct Clerk to enter proclamations into the Minutes. 16.A. Congratulating Thelma Gammel on the occasion of her 103'd birthday on October 9, 1998 16.B. Honoring John Russo as the recipient of the Orange County American Italian Renaissance Foundation's 1998 Columbus Award on October 9, 1998 16.C. Commending Santa Ana Public Library Adult Literacy Services and READ/Orange County for partnering a campaign to increase literacy on October 14, 1998 16.D. Congratulating the Newhope Assembly of God Church on the groundbreaking for construction of a new elementary school and expanded church facilities at 917 S. Newhope Street on October 25, 1998 16.E. Welcoming Lincoln-Mercury world headquarters to Orange County on October 28, 1998 16.F. Commending Mayor's Bowl football team participants and students from Santa Aha and Saddleback high schools on their cooperative effort to raise funds for the Special Olympics Program on October 28, 1998 16.G. Recognizing Police Corporal Emie Coude, Corporal Ken Witt, Corporal Ken Gominsky, and Investigator Rich Gatto for enhancing the quality of life through contributions to improve public safety in the French Court Neighborhood on October 31, 1998 CITY COUNCIL MINUTES 314 November 16, 1998 CONSENT CALENDAR 16.H. 16.I. Recognizing Lathrop Intermediate School's 75th anniversary of educating Santa Ana's youth on November 13, 1998 Recognizing the Grand Opening of the Santa Ana College "Marketplace Education Center" in downtown Santa Aha on November 13, 1998 MISCELLANEOUS - ADMINISTRATION 19.A. EXCUSED ABSENCE Motion: Approve. Excused absence of Councilmember Espinoza from the October 19, 1998 Council Meeting REPORT OF FINANCIAL INVESTMENTS Receive and file report. Quarterly Investment Report for period ending September 30, 1998 - Finance and Management Services FILE CA 19.B. Moron: BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 99-093 - SEISMIC RETROFIT OF SANTA ANA RIVER BRIDGES (Withdrawn from Agenda at staffs request) 20.B. APPROPRIATION ADJUSTMENT 99-095 - REHABILITATION OF HISTORIC PARKER GARAGE BUILDING - 2ND AND SYCAMORE STREETS Councilmember Moreno opined the expenditures for the Orange County Center for Contemporary Art (OCCCA) project were excessive and requested details regarding OCCCA's membership and the repayment schedule for the loan. Community Development Agency Executive Director Cindy Nelson and OCCCA Director Karen Snell responded to Councilmember Moreno's questions. Councilmember Espinoza joined the meeting at 7:31 P.M. Frank Miller, Arthur Strock and Mike McGee spoke in support of the project. CITY COUNCIL MINUTES 315 November 16, 1998 CONSENT CALENDAR Mayor Pro Tem Richardson acknowledged Santa Ana Council of Arts and Culture Board member Don Cribb (present in the audience) and thanked him for his years of commitment to the arts movement in the City. Mayor Pulido requested staff contact Chapman University for statistics from a recent study regarding the impacts of the arts on cities and calculate the aggregated economic benefit of the arts in Santa Ana. Motion: 1. Approve appropriation adjustment. Loan of $495,000.00 from Equipment Replacement, Liability, and Workers Compensation funds to Capital Outlay for rehabilitation of Historic Parker Garage - Finance and Management Services FILE CA Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. REHABILITATION LOAN - HISTORIC PARKER GARAGE BUILDING - With Orange County Center for Contemporary Art in an amount not to exceed $495,000.00 - Community Development Agency AGMT 98-159 MOTION: Lutz SECOND: Richardson VOTE: AYES: Espinoza, Franklin, Lutz, McGuigan, Pulido, Richardson NOES: Moreno ABSENT: None COUNCIL RECESS - 7:54 P.M.-8:08 P.M. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. 22.A. KODAK MICROGRAPHICS EQUIPMENT MAINTENANCE - POLICE DEPARTMENT - To Eastman Kodak to amend contract in the annual amount of $16,107.00 - Finance and Management Services SPEC 93-069 22.B. PAPER PRODUCTS - CENTRAL STORES - To Pak West Paper & Chemical to amend the contract by an estimated $35,195.00 for a total of $78,114.00 - Finance and Management Services SPEC 96-007 CITY COUNCIL MINUTES 316 November 16, 1998 CONSENT CALENDAR 22.C. 22.D. 22.E. 22.F. 22.G. 22.H. 22.1. 22.J. 22.K. TROPHIES, AWARDS, ENGRAVING SERVICES - VARIOUS CITY AGENCIES - To Players Choice to amend contract by $40,000.00 for a total not to exceed $78,000.00 - Finance and Management Services SPEC 96-054 PVC PIPE SADDLES - PUBLIC WORKS AGENCY - To Wells Supply Co. for a 12-month renewal period in the estimated annual amount of $13,414.72 - Finance and Management Services SPEC 96-057 TRANSPORTATION SERVICES - SENIOR CENTERS - RECREATION AND COMMUNITY SERVICES - To Western Transit Systems, Inc. for a one-year renewal period in the estimated annual amount of $33,400.00 - Finance and Management Services SPEC 96-079 DETENTION FACILITY LAW LIBRARY SUBSCRiPTIONS - POLICE DEPARTMENT - To West Publishing Group for a one-year period in the amount of $5,781.82 - Finance and Management Services SPEC 97-050 FIRE EXTINGUISHER SERVICE - CITY FACILITIES - To H & P Fire Maintenance, formerly World-Wide Fire Protection, for a one-year renewal period in the estimated annual amount of $25,000.00 - Finance and Management Services SPEC 97-060 POLICE AMMUNITION - To the following for a one-year renewal period in the annual amounts indicated - Finance and Management Services SPEC 97-073 Dooley Enterprises, Inc. Adamson Industries San Diego Police Equipment Co., Inc. $89,637.00 19,821.00 8,573.00 SEXUAL ASSAULT VICTIM EXAMINATIONS - POLICE DEPARTMENT - To Orange County Health Care Agency's Child Abuse Services Team for a one- year renewal period in the estimated annual amount of $28,000.00 - Finance and Management Services SPEC 97-105 PHOTOGRAPHIC SUPPLIES - VARIOUS CITY AGENCIES - To Graphic Distributors under the County of Orange Partnership Agreement for a one-year period with provision for two one-year renewals in the estimated annual amount of $75,000.00 - Finance and Management Services SPEC 98-084 COVERT TRANSMITTER/RECEIVER SYSTEM - POLICE DEPARTMENT - To Audio Intelligence Devices, Inc. in the amount of $21,722.40 - Finance and Management Services SPEC 98-093 CITY COUNCIL MINUTES 317 November 16, 1998 CONSENTCALENDAR 22.L. 22.M. 22.N. 22.0. 22.P. 22.Q. 22.R. 22.S. PARAMEDIC SUPPLIES - FIRE DEPARTMENT - To Promedix for a two-year period with provision for two one-year renewals in an annual amount not to exceed $193,136.00 - Finance and Management Services SPEC 98-101 RESTROOM REMODELING - FLOWER STREET PARK - To TLS Construction, Inc. in the amount of $21,912.00 - Finance and Management Services SPEC 98-106 HAZARDOUS WASTE DISPOSAL SERVICES - To Industrial Waste Utilization, Inc. for a two-year period with provision for two one-year renewals in the estimated annual amount of $30,000.00 - Finance and Management Services SPEC 98-109 CABLETRON COMPUTER NETWORK PRODUCTS - INFORMATION SERVICES - To Kent® Datacomm in the amount of $72,188.14 - Finance and Management Services SPEC 98-112 COMPUTER SECURITY SOFTWARE FOR CITYWIDE - INFORMATION SERVICES - To Vanstar Corporation in the amount of $11,319.14 - Finance and Management Services SPEC 98-113 PATROL CAR SURVEILLANCE SYSTEMS - POLICE DEPARTMENT - To Kustom Signals, Inc. in the amount of $105,638.11 - Finance and Management Services SPEC 98-114 RECREATIONAL SUPPLIES - RECREATION AND COMMUNITY SERVICES - To U.S. Toy Company for a three-year period in the estimated annual amount of $15,000.00 - Finance and Management Services SPEC 98-116 VEHICLE LOCATOR TRACKING SYSTEM - POLICE DEPARTMENT - To Teletrac in the amount of $9,525.45 - Finance and Management Services SPEC 98-118 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Requests for Council Action. 23.A. SR-55/DYER ROAD INTERCONNECT COMMUNICATION SURVEILLANCE - To KDC, Inc. in the estimated amount of $393,619.36 with a total estimated construction cost of $470,900.00 - Public Works Agency PROJ 1593 CITY COUNCIL MINUTES 318 November 16, 1998 CONSENT CALENDAR 23.B. JEROME CENTER PLAYGROUND - KIWANIS BARPdER FREE PLAYGROUND AT THORNTON PARK Mayor Pro Tem Richardson explained he had removed this item from the Consent Calendar to inform the audience of the continuing development of the Kiwanis Barrier-Free Park and the installation of new playground equipment at Jerome Center. Mayor Pulido requested that the Environmental and Transportation Advisory Committee investigate planting more trees in Thornton Park, particularly in the area north of the lake. Motion: Award in accordance with Request for Council Action. JEROME CENTER PLAYGROUND - KIWANIS BARRIER FREE PLAYGROUND AT THORNTON PARK - PHASE II - To Micron Construction for the base bid plus add-on Alternate No. 3 in the amount of $189,230.00 with a total estimated construction cost of $208,150.00 - Public Works Agency PROJ 6325-11 MOTION: Richardson SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None AGREEMENTS Motion: Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. COOPERATIVE AGREEMENT AMENDMENT - ALTON AVENUE OVERCROSSING AT STATE ROUTE 55 - With Caltrans to extend termination date from December 31, 1998 to December 31, 2000 - Public Works Agency AGMT 98-160 25.B. HOWE-WAFFLE HOUSE LEASE/PURCHASE Mayor Pro Tem Richardson provided historic information regarding the Howe Waffle House purchase agreement and requested that the term of the proposed lease agreement be extended to 99 years for both land and improvements. Councilmember Moreno stated that he would not vote in favor of the motion because he believes that the Santa Ana Historical Society should fulfill its original agreement to repay its loan from the City. CITY COUNCIL MINUTES 319 November 16, 1998 CONSENT CALENDAR Motion: Direct the City Attorney to prepare an agreement to include a lease term of 99 years for land and improvements, and authorize the Mayor and Clerk of the Council to execute agreement. HOWE-WAFFLE HOUSE LEASE/PURCHASE - AMENDMENT TO AGREEMENT - With Santa Ana Historical Preservation Society for City to assume monthly payment obligation for terrn of note and continue leasing the house and property to the Society for $1.00 per year with the City retaining ownership - Community Development Agency AGMT 98 - 161 MOTION: Richardson SECOND: Lutz VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Morcno, Pulido, Richardson Moreno ABSENT: None 25.C. 25.D. 25.E. 25.F. 25.G 25.H. VISICAD (COMPUTER AIDED DISPATCH) SOFTWARE MAINTENANCE With TriTech Software Systems for an amount not to exceed $50,927.00 - Fire Department AGMT 98-162 SUPER (COUNTYWIDE) PRIVATE INDUSTRY COUNCIL (PIC) STRATEGIC PLAN - With Tri-Source in an amount not to exceed $5,000.00 - Community Development Agency AGMT 98-163 LEASE OF OFFICE SPACE AND BUS BAYS - REGIONAL TRANS- PORTATION CENTER - With Transportes InterCalifomias for a three-year period commencing December 1, 1998 and expiring November 30, 2001 in the monthly amount of $3,316.00 with annual increases based upon the Consumer Price Index - Community Development Agency AGMT 98-164 (Councilmember Moreno abstained.) TEMPORARY PLANNING AND DEVELOPMENT SERVICES - AMEND- MENT TO AGREEMENT - With Hogle-Ireland, Inc. in the amount of $45,000.00 for a total contract amount not to exceed $85,000.00 - Public Works Agency AGMT 98-165 ENGINEERING SERVICES FOR STRUCTURAL RETROFITS TO SOUTH STATION RESERVOIR- - With W. Koo & Associates, Inc. in an amount not to exceed $31,427.00 - Public Works Agency AGMT 98-166 COMPUTER TRAINING - VARiOUS CITY AGENCIES - With New Horizons and Executrain in the amount of $101,025.00 - Personnel Services AGMT 98-167 AGMT 98-168 CITY COUNCIL MINUTES 320 November 16, 1998 CONSENT CALENDAR 25.1. ENGiNEERING LANDSCAPiNG SERVICES - With Boyle Engineering, Willdan Associates, and AAE Consultants in an amount not to exceed $300,000.00 for each firm - Public Works Agency AGMT 98-169 AGMT 98-170 AGMT 98-171 29.A. Motion: MISCELLANEOUS BUDGET 1999 DOWNTOWN BUSINESS IMPROVEMENT AREA ANNUAL REPORT l. Approve. 1999 Am~ual Report for the Downtown Santa Ana Business Improvement Area - Community Development Agency FILE CA 2. Adopt resolution setting annual assessment rate for public hearing on December 7, 1998. RESOLUTION 98-078 - A resolution of the City Council of the City of Santa Aha declaring its intention to levy an assessment for the Downtown Santa Ana Business Improvement Area for the year 1999 - Community Development Agency FILE CA LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY Motion: Approve deeds and authorize execution by Mayor and Clerk of the Council of all necessary documents. 30.A. SANTA ANA UNIFIED SCHOOL DISTRICT - Portion of 1325 E. 4th Street - AP No. 011-062-24 - For 4~h Street reconstruction from Minter Street to the Interstate 5 freeway in the amount of $30,920.00 - Public Works Agency DEED 7900 30.B. ALMA HANNEMAN, TRUSTEE - 1115 S. Cypress Avenue - AP Nos. 398-391- 23 and 398-391-24 - For McFadden Avenue realignment from Main to Maple Streets in the amount of $222,250.00 - Public Works Agency DEED 7899 CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Receive and file staff reports and adopt findings as submitted by staff CITY COUNCIL MINUTES 321 November 16, 1998 CONSENT CALENDAR 31.A. VA 98-08 and CUP 98-16 - 1501 S. Broadway - Filed by G & M Oil to allow after- hour operations at an existing Chevron gas station in the Community Commercial (C 1) zoning district - Planning and Building Agency FILE CA 31.B. VA 98-11 - 2500 N. Main - Filed by Discovery Science Center to allow modifications to the landscaping standards and to allow roof-mounted equipment to be visible from the public street in Specific Development 65 zoning district - Planning and Building Agency FILE CA TENTATIVE PARCEL / TRACT MAPS Motion: Approve tentative Parcel/Tract Map as conditioned by staff and adopt the findings as submitted by staff 32.A. PARCEL MAP 98-118 - 701 S. Halladay - Filed by Ernesto Estrada to allow the subdivision of one parcel into four to facilitate the construction of three new single- family residences in the Single-Family (R1) Residential zoning district - Planning and Building Agency FILE CA FINAL PARCEL / TRACT MAPS Motion: 1. Approve final map and accept the dedications thereon. Authorize execution of bonds, Subdivision agreement and Public Improvements agreement. 33.A. TRACT MAP 15648 - 2828 N. Bristol - Filed by Brock Homes for a 72 single- family residential development known as Riverglen - Public Works Agency FILE TMAP ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR EMERGENCY ORDINANCE 50.A. REGULATION OF NON-AERIAL BALLOON SIGNS Proposal to prohibit installation of roof-mounted balloon signs for a 45-day period pending the Planning Commission's review of Code provisions related to all special event signs Grace Park reported she had filed for a balloon sign on October 13 (prior to the proposed moratorium) but that her application had not been approved and inquired as to the reason her request had not been processed in a timely manner. CITY COUNCIL MINUTES 322 November 16, 1998 BUSINESS CALENDAR Councilmember Moreno opined Park should not be penalized since she had filed her application before the moratorium. Councilmember Franklin noted that Park's business was adjacent to two single family residences. Moron: Adopt emergency ordinance; authorize publication of title. (Requires five affirmative vote39 ORDiNANCE NS-2375 - An emergency ordinance of the City of Santa Ana temporarily prohibiting the establishment of any new, non-aerial balloon signs - Planning and Building Agency FILE CA MOTION: Lutz SECOND: Franklin VOTE: AYES: Espinoza, Franklin, Lutz, McGuigan, Pulido, Richardson NOES: Moreno ABSENT: None RESOLUTIONS 55.A. PARK1NG STRUCTURE AGREEMENT AMENDMENT - REGIONAL TRANSPORTATION CENTER Motion: Adopt resolution. RESOLUTION 98-079 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to apply for Article XiX Transit Capital Improvement Funds, and to execute an agreement for the use of such funds, on behalf of the City of Santa Aha - Public Works Agency FILE CA MOTION: McGuigan SECOND: Richardson VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MINUTES 323 November 16, 1998 BUSINESS CALENDAR 55.B. Motion: PERSONNEL CLASSIFICATION AMENDMENTS Adopt resolution. RESOLUTION 98-080 - A resolution of the City Council of the City of Santa Ana to amend Resolution Nos. 82-110 and 96-095 to effect certain changes to the City's Basic Classification and Compensation Plans, and to amend the current annual budget to reallocate certain positions - Personnel Services FILE CA MOTION: Richardson SECOND: Lutz VOTE: AYES: Espinoza, Franklin, Lutz, McGuigan, Pulido, Richardson NOES: Moreno ABSENT: None PUBLIC HEARINGS 75.A. ABANDONMENTS 98-2 THROUGH 98-5 - CUP 98-07 - GLOBAL METAL RECYCLING SITE - 1011 E. PINE ST. Public hearing regarding Conditional Use Permit 98-07 to allow construction and operation of a recycling facility and Street Abandonments 98-02 through 98-05 relating to streets and alleys near 1011 E. Pine Street Recommended for approval by the Planning Commission on September 28, 1998 by a 6/0 vote with Doughty absent Legal Notice published in the Orange County Register on November 6 and 13, 1998 and mailed on November 5, 1998 The Mayor opened the public hearing regarding abandonments of streets and alleys near 1011 E. Pine Street at 8:35 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: None Speakers: John Nettel, business owner at 1014 E. Pine, expressed concern with the perimeter fence for the proposed project, indicating the fence would restrict access to his business and that negotiations with Global Metal Recycling to enhance access to his property had been unsuccessful. CITY COUNCIL MINUTES 324 November 16, 1998 PUBLIC HEARINGS Isabel Beltran, a property owner adjacent to the project, requested that the project's exterior improvements be made before the Conditional Use Permit is granted to eliminate dust, mud and debris currently generated on the site. Norm Johnson, representing Global Metal Recycling, spoke in favor of the project. The Mayor closed the public hearing at 8:51 p.m. Mayor Pro Tem Richardson requested that the hours of operation be stated in the Conditional Use Permit (9:00 a.m.-7:00 p.m.) and that the neighbors be informed of the operating hours. Motion: Continue consideration of resolutions to December 7, 1998. RESOLUTION 98-081 A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 98-07 to permit construction of a recycling facility at 1011 E. Pine Street - Planning and Building Agency RESOLUTION 98-082 - A resolution of the City Council of the City of Santa Aha vacating 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 - Planning and Building Agency FILE CA MOTION: Lutz VOTE: AYES: NOES: ABSENT: Moreno SECOND: Espinoza Espinoza, Franklin, Lutz, McGuigan, Pulido, Richardson None 75.B. ZOA 98-06 - ADULT ENTERTAINMENT BUSiNESSES REGULATION Public hearing to consider additional regulation of adult entertainment businesses Recommended for approval by the Planning Commission on November 9, 1998 by a 7/0 vote Legal Notice published in the Orange County Register on November 6, 1998 The Mayor opened the public hearing regarding regulations for adult entertainment businesses at 9:19 p.m. Presentation of staff report by Planning and Building Agency Executive Director Robyn Uptegraff and Chief Assistant City Attorney Ben Kaufman CITY COUNCIL MINUTES 325 November 16, 1998 PUBLIC HEARINGS Presentation of written communications by Clerk of the Council Janice C. Guy: None There were no speakers on this item. The Mayor closed the public hearing at 9:30 p.m. Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2373 - An ordinance of the City Council of the City of Santa Ana amending and adding various provisions of the Santa Ana Municipal Code regulating land uses and creating a new article for regulation of adult entertainment businesses - Planning and Building Agency FILE CA MOTION: Lutz SECOND: Franklin VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None 75.C. ZOA 98-05 - EXTERIOR TELEPHONES REGULATION Public hearing regarding Zoning Ordinance Amendment 98-05 to adopt standards and create an additional Land Use Certificate fee category for exterior phones Recommended for approval by the Planning Commission on October 12, 1998 by a 6/0 vote with Solorio absent Legal Notice published in the Orange Count,/Register on November 6, 7, and 13, 1998 The Mayor opened the public hearing regarding the adoption of standards and the creation of additional Land Use Certificate fee category for exterior phones at 9:34 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: None Speakers: Jim Matthews, representing Calstar Technologies, suggested his company's specialty designed telephones be considered as a standard for new exterior phone installations. The following phone vendors expressed concern that compliance with the new regulations would be very difficult and negatively impact their businesses: Tom Weber, Vice President of Pacific Bell; and Henry Ciancio, representing Western Payphone Network, Inc CITY COUNCIL MINUTES 326 November 16, 1998 PUBLIC HEARINGS REV 12/7/1998 The Mayor closed the public hearing at 9:50 p.m. Motion: 1. Amend proposed ordinance to: -allow businesses with licensed pay phones and City business licenses as of 1 / 1/98, three years from the effective date o f Ordinance NS-2374 to comply with the new regulations -allow overhead signage containing the international telephone symbol, should it be deemed necessary due to public safety concerns as determined by the Chief of Police 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2374 - An ordinance of the City Council of the City of Santa Ana amending Chapter 41 of the Santa Aha Municipal Code to establish citywide zoning regulations for the placement and maintenance of exterior phones - Plarming and Building Agency 3. Adopt resolution. RESOLUTION 98-084 - A resolution of the City Council of the City of Santa Ana establishing an application fee for a land use certificate for an exterior phone - Planning and Building Agency FILE CA 4. Adopt. Policy guideline to permit a maximum of 3 feet of exposed conduit for retrofit of existing pay telephones and 6 inches for installation of new pay phones MOTION: Richardson SECOND: Franklin VOTE: AYE S: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None 75.D. ABANDONMENTS 98~08 AND 98-09 - EAST 2ND STREET ARTIST PROJECT Public hearing to consider vacating a portion of East 2nd Street between Main and Spurgeon Streets in connection with the East 2nd Street Artist project Legal Notice published in the Orange County Register on November 6 and 13, 1998 Motion: Continue hearing to December 7, ] 998 at request of staff CITY COUNCIL MINUTES 327 November 16, 1998 PUBLIC HEARINGS MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None FILE ABAN OFF-AGENDA ITEM - ENGINEERING STREET IMPROVEMENTS SERVICES Mo~on: Find that there is a need to take immediate action on the agreement that follows (Item 25.d.) and that the need arose subsequent to the posting of the Agenda. (Requires 5 affirmative votes. MOTION: McGuigan SECOND: Richardson VOTE: AYES: Esp~noza, Richardson NOES: None Franklin, Lutz, McGuigan, Moreno, Pulido, ABSENT: None Motion: Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.J. ENGiNEERING STREET IMPROVEMENTS SERVICES - With RFB and Associates in an amount not to exceed $65,000 Public Works Agency AGMT 98-172 MOTION: Moreno SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: None RECESSED TO COMMUNITY REDEVELOPMENT AGENCY FOLLOWED IMMEDIATELY BY THE HOUSING AUTHORITY MEETING - 10:19 P.M. RECONVENED - 10:31 P.M. - All Councilmembers present CITY COUNCIL MINUTES 328 November 16, 1998 COMMENTS 90.A. PUBLIC COMMENTS Alfredo Zarate congratulated Mayor Pulido and Councilmember McGuigan on their re-election to office, and thanked Mayor Pro Tem Richardson for his many contributions during his eight years of service on the City Council. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno expressed personal thanks to his campaign supporters for the Office of Mayor. (Note: The campaign was not successful.) Mayor Pro Tern Richardson: · requested the Council meeting be adjourned in honor of Betty Griset, a long-time Santa Ana resident, who recently passed away and condolences sent to her husband Francis; · reported that the annual Boys and Girls Club's "Castle of Dreams" fund raiser was scheduled for November 14 and encouraged everyone to attend; · suggested that civic and non-profit organizations interested in advertising their activities on Comcast Channel 3 contact Rosa Hurtado at 571-4203 for information; and · noted a large number of street improvements had been completed. Councilmember McGuigan presented the Aztec Award from the Mexican American Opportunity Foundation she had received on the City's behalfto Mayor Pulido. Councilmember Lutz: · commended the French Park Neighborhood Association on its recent successful Jazz Festival; · wished everyone a "Happy Thanksgiving"; and · extended congratulations to Mayor Pulido and Councilmember McGuigan on their re- election and Councilmembers-elect Bist and Christy on their elections to City Council office. Councilmember Franklin: · thanked Reuben Martinez for his efforts in having the City designated a "Reading City"; · welcomed the Governor of Zacatecas, Mexico, to the City on his mission to increase trade for his state; · encouraged residents to visit the City's "treasures" such as the Howe-Waffie House and Discovery Science Center; · added his congratulations to those successful in their election to City office; · thanked Mayor Pro Tern Richardson for his eight years of service on the Council; and · wished everyone a safe and happy Thanksgiving. Mayor Pulido: · announced that as a Boardmember of the Orange County Transportation Authority, he planned to work toward a goal of reducing City matching funds for local street grants; and · thanked Councilmember Espinoza for his four years of service on the Council, and Mayor Pro Tern Richardson for his eight years of service on the Council and his additional service to the community as a member of the Santa Ana Unified School District Board. CITY COUNCIL MINUTES 329 November 16, 1998 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 November 16, 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9 (a) Community Redevelopment Agency Community Redevelopment Agency v. Nikolic Case No. OCSC 788572 Stull v. Bank of America [RDA, City and Housing are named plaintiffs] Case No. SFSC 968484 City of Santa Aha Stull v. Bank of America [RDA, City and Housing are named plaintiffs] Case No. SFSC 968484 McCIane v. COSA (WCAB) Case Nos. WCAB AHM 0055662, 88ANA 206362 Wright v. COSA (WCAB) Case Nos. WCAB 96FDS0034, 97FDS0100, 97FDS0224 Housing Authority Stull v. Bank of America [RDA, City and Housing are named plaintiffs] Case No. SFSC 968484 95.B. 95.C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiator: Kathie Romero SEIU, Part-Time Employees CITY COUNCIL MINUTES 330 November 16, 1998 CLOSED SESSION - 10:50-11:09 P.M. CLOSED SESSION REPORT Motion: Authorize settlements as follow: Stull v. Bank of America [RDA, City and Housing are named plaintiffs] Case No. SFSC 968484 Settlement offer accepted McClane v. COSA (WCAB) Case Nos. WCAB AHM 0055662, 88ANA 206362 Settlement in the amount of $75,000 Wright v. COSA (WCAB) Case Nos. WCAB 96FDS0034, 97FDS0100, 97FDS0224 Settlement in the amount of $80,000 MOTION: McGuigan SECOND: Richardson VOTE: AYES: Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: Espinoza ADJOURNMENT - 11:10 P.M. - In honor of Betty Griset Clerk 07 the Council CITY COUNCIL MINUTES 331 November 16, 1998 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 24, 1998 CALLED TO ORDER Council Chambers 22 Civic Center Plaza 6:12 P.M. ROLL CALL COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO Absent: TONY ESPINOZA COUNCILMEMBERS-ELECT present: LISA BIST ALBERTA D. CHRISTY STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OFALLEGIANCE INVOCATION Police Chaplain Robert Barnett ADOPTION OF GENERAL MUNICIPAL ELECTION RESULTS Motion: Adopt resolution. RESOLUTION 98-083 - A resolmion of the City Council of the City of Santa Ana declaring the results of the General Municipal Election held in said City on November 3, 1998 - Clerk of the Council Office FILE CA MOTION: Lutz VOTE: AYES: NOES: SECOND: Richardson Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None ABSENT: Espinoza CITY COUNCIL MINUTES 332 NOVEMBER 24, 1998 1996-1998 COUNCIL CONCLUSION Mayor Pulido presented outgoing Mayor Pro Tem Richardson with a City Seal tile in recognition of his service both as Councilmember and Mayor Pro Tem. The Mayor also commended Vivian Richardson for continuing support of her husband through his 11 years of service as an elected official on the City Council and Santa Ana Unified School District Board of Education. Mayor Pro Tem Richardson commented on his years of public se~wice, noting that significant positive change had occurred throughout the City during his term of office. Mayor Pulido adjourned the 1996-98 City Council at 6:35 p.m. CHAIR PASSED TO CLERK OF THE COUNCIL ~}]~!~!i~t~}~E~i~!i~E~l~l~.~x~!~!~/~{~ delivered by the Clerk of the Council to: Lisa Bist Alberta D. Christy Patricia A. McGuigan Miguel Pulido Councilmember, Ward 2 Councilmember, Ward 4 Councilmember, Ward 6 Mayor CHAIR RETURNED TO MAYOR 1998-2000 CITY COUNCIL COMMENCEMENT CALLED TO ORDER 6:46 P.M. ROLL CALL COUNCILMEMBERS present: M1GUEL A. PULIDO, Mayor LISA BIST ALBERTA D. CHRISTY BRETT FRANKLIN TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO CITY COUNCIL MINUTES 333 NOVEMBER 24, 1998 ELECTION OF MAYOR PRO TEM The Mayor called for nominations for the position of Mayor Pro Tern. Councilmember Franklin nominated Councilmember Lutz. Motion: Elect Councilmember Lutz to the position of Mayor Pro Tern. MOTION: Franklin VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Bist, Christy, Franklin, Lutz, McGuigan, Moreno, Pulido None The Mayor declared Councilmember Lutz unanimously elected Mayor Pro Tern. Mayor Pulido expressed optimism for Santa Ana's future under the guidance of the new City Council and invited the audience to join the Councilmembers at the Bowers Museum for the Installation reception. RECESSED TO BOWERS MUSEUM, 2002 N. MAIN STREET - 6:52 P.M. ADJOURNMENT - 9:18 P.M. CITY COUNCIL MINUTES 334 NOVEMBER 24, 1998 CERTIFICA-'~ OF REGISTRAR OF VOTE ~ TO RESULT OF THE CANYASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) COUNTY OF ORANGE ) I, Rosalyn Lever, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated With the General Election held on November 3, ]995. CITY OF SANTA ANA MAYOR MIGUEL A. PULIDO 24,032 TED MORENO 10,214 MEMBER OF THE CITY COUNCIL WARD 2 LISA BIST 25,335 WARD 4 ALBERTA DOLORES CHRISTY ]5,655 ZEKE HERNANDEZ 9,229 JOSE J. FERNANDEZ 7,590 WARD 6 PATRICIA A. MCGUIGAN 18,360 CLAUDIA C. ALVAREZ 14,375 PRECINCT BALLOTS CAST: ABSENTEE BALLOTS CAST: TOTAL BALLOTS CAST: 26,414 12,238 38,652 I hereby certify that the number of votes cast is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 20th day of November, 1998. 68131-S~A ~ 795 241 15~ q; 16~ 7: ~6~ 121 85