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Home My WebLink About2000-03-2081 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 20, 2000 At 6:00 p.m. in the Council Chambers, 22 Civic Center Plaza, Deputy Clerk of the Council Maria Ruano announced the City Council would meet in the Santa Ana 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. CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:47 P.M. ATTENDANCE COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor TOM LUTZ, Mayor Pro Tern LISA BIST ALBERTA CHRISTY BRETT FRANKLIN PATRICIA A. McGUIGAN TED MORENO Absent: None STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: Removal of Items 22.C. and 25.D. for separate discussion; and Addition of item 19.A. Closed Session Report detail. Consent Approve staff recommendations on the following Consent Calendar Motion: items. l CITY COUNCIL MINUTES 80 MARCH 20, 2000 r 82 CONSENT CALENDAR MOTION: McGuigan SECOND: Christy VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) NOES: None (0) NOT VOTING: Moreno Items removed for separate action or modified are highlighted. Separate actions show the actual vote, Items without votes are passed as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. 10.A. ADJOURNED REGULAR MEETING OF MARCH 6, 2000 10.B. REGULAR MEETING OF MARCH 6, 2000 Note: City Council Minutes are available at the following website: www.ci.santa-ana.ca.us BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT — MARCH 15, 2000 (The Vacancy Report reflects only appointments made by the Council.) Motion: Instruct Clerk to enter report into the Minutes. Boards/Commissions Vacancies Cable Television Advisory Board 1 Community Redevelopment/Housing Commission 1 Human Relations Commission 2 Library Board 2 Proactive Rental Enforcement Program 1 Workforce Investment Board 1 TOTAL 8 CITY COUNCIL MINUTES 81 MARCH 20, 2000 83 CONSENT CALENDAR CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. City Council Meeting Meeting Date Time Agendas Date Posted Posted 15.A. Adjourned Regular Council 03/06/00 03/03/00 5:15 p.m. Meeting 15.6. City Council Meeting 03/06/00 03/02/00 10:00 a.m. 15.C. City Council Meeting — Revised 03/06/00 03/03/00 5:15 p.m. Agenda 15.D. Notice of Adjournment 03/06/00 03/07/00 11:00 a.m. Board/Commission Effective Date Time Resignations Date Posted Posted 15.E. Stephanie Gerlach, Proactive 03/01/00 03/03/00 5:15 p.m. Rental Enforcement Program 15.F. Michael Potts, Workforce 03/08/00 03/09/00 8:30 a.m. Investment Board member MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree 16.A Arbor Day Event at Thornton Park 16.6. Fairhaven Memorial Park & Mortuary Bench Dedication in Memory of Oliver L. Halsell 16.C. University of California Irvine Medal Recipients 2000 16.D. Youth 2000 Expo Sponsors Recognition 16.E. Hands Together: A Center for Children Dedication MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlements/actions as follows: Date 3/8/00 3/15/00 3118/00 3/19/00 3/20/00 CITY COUNCIL MINUTES 82 MARCH 20, 2000 84 CONSENT CALENDAR Hector Montalvo. WCAB Case # AHM 0064080, ANA 0317704 in the amount of $250,000.00 Moses v. COSA, Superior Court Case No. 810135 (Claim no. 99-1173) Moses v. COSA, Superior Court Case No. 816698 (Claim no. 99-1183) in the amount of $18,500.00 Authorize the City Attorney to file an amicus brief in the case entitled "Sanders v. County of Los Angeles" 19.8. WORKFORCE INVESTMENT ACT FIVE-YEAR STRATEGIC PLAN Motion: Approve. Authorize submittal of five-year strategic plan to the State of California BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Motion: Approve appropriation adjustment. (Requires five affirmative votes.) (Items 20.A. and 20.B.) 20.A. APPROPRIATION ADJUSTMENT 2000-124 - LIBRARY SERVICES - Recognizing funds from the Federal Library Services and Technology Act in the amount of $6,930.00 and appropriating same to expenditure accounts to provide tuition reimbursement for Library staff - Library Services 20.B. APPROPRIATION ADJUSTMENT 2000-125 - WEED AND SEED ASSET FORFEITURE GRANT — Recognizing funds from the United States Department of Justice in the amount of $225,000.00 and appropriating same to the Weed and Seed Program - Police Department SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES Motion: Award contracts in accordance with Request for Council Action. (Items 22.A. and 22.B.) 22.A. SPEC 1998-125 — JANITORIAL SERVICES AT SANTA ANA POLICE ADMINISTRATION AND HOLDING FACILITY - To DMS Maintenance Services, Inc. for a one-year period in the amount not to exceed $241,798.00 - Finance and Management Services CITY COUNCIL MINUTES 83 MARCH 20, 2000 85 CONSENT CALENDAR 22.13. SPEC 2000-022 - LIBRARY MAGAZINE SUBSCRIPTION SERVICE - To Ebsco Subscription Services for a one-year period with provision for two one-year renewals in an annual amount not to exceed $45,000.00 - Finance and Management Services 22C< ............... Motion: Continue matter to Council Meeting of April 3, 2000. DESKTOP COMPUTERS, PRINTERS, LAPTOPS AND PERIPHERAL EQUIPMENT - To the following for a one-year renewal period in an aggregate amount of $1,700,000.00 - Finance and Management Services Direct Manufacturers: Dell Computer Corporation Gateway 2000 Micron Electronics Intergraph Corporation MOTION: McGuigan VOTE: AYES: NOES NOT VOTING: AGREEMENTS Value Added Resellers: En Pointe Technologies Comp USA Vanstar Corporation SECOND: Christy Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) None (0) Moreno Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. (Items 25.A. thru 25.C.) 25.A. AGMT 2000-023 - AERIAL MAPPING AND SURVEYING SERVICES - With Digital Map Products in an as -needed service not to exceed $100,000.00 - Public Works Agency 25.B. AGMT 2000-024 — FACILITY DESIGN SERVICES - With Michael D. Tedesco in an amount not to exceed $13,000.00 - Finance and Management Services 25.C. AGMT 2000-025 — GOVERNMENT LIAISON SERVICES - With Townsend Public Affairs, Inc. in an amount not to exceed $60,000.00 - City Manager's Office 25.Q AGMT 2000-026 — FURNITURE AND SERVICES FOR MODULAR FURNITURE CITY COUNCIL MINUTES 84 MARCH 20, 2000 Loki CONSENT CALENDAR With Fullmer Contract Furniture and Services in an amount not to exceed $40,000.00 - Finance and Management Services Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. MOTION: Bist SECOND: McGuigan VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) NOES: None (0) NOT VOTING: Moreno LAND USE MATTERS CONDITIONAL USE PERMITS / VARIANCES 31.A. VARIANCE NO. 99-08 — 5102 WEST WESTMINSTER AVENUE Motion: Receive and file staff report approving Variance No. 99-08 as conditioned. Filed by Mr. Nguyen to allow a reduction in street frontage requirements in order to construct a four unit dental building located at 5102 West Westminster Avenue in the General Commercial (C2) zoning district * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 85 MARCH 20, 2000 75.A. PUBLIC HEARINGS ZONING ORDINANCE AMENDMENT NO. 99-10 - AMENDMENT APPLICATION 99-08 — SOUTH MAIN STREET COMMERCIAL DISTRICT (Public hearing continued from the March 6, 2000 Council meeting) Filed by the City of Santa Ana to amend the zoning ordinance and various zoning designations to establish a new zoning district known as the Commercial South -Main (C-SM) zoning district Legal Notice published in the Orange County Register on February 25, 2000 Recommended for approval by the Planning Commission on February 14, 2000 by a 5-0 vote with Doughty and Verino absent Introduction of public hearing by Mayor Pulido Presentation of staff report by Planning and Building Agency Planning Manager Adams Presentation of written communications by Clerk of the Council Healy: Letter of opposition received from Jeanne Tibbets dated March 6, 2000 The public hearing opened at 6:54 p.m. The following residents spoke on matter: Youssef Ibrahim stated that he had purchased property in the proposed rezoned area and that project plans had been approved by the City, however since construction had not yet begun, he would be subject to the new ordinance provisions. Mr. Ibrahim requested that the Council consider grand fathering this project so that he will not incur additional expenses. Amalia Aguilar expressed concern that this zoning ordinance was related to the Light Rail Project. Otto R. Bade and John White spoke in support of the zoning ordinance. The public hearing closed at 7:04 p.m. Amending 1. Amend Ordinance NS-2420 as follows: Motion: A. Sec. 41-522 Uses subject to as conditional use permit in the C- SM District Add: (g) Ancillary outdoor dining facilities located in the front yard area. CITY COUNCIL MINUTES 86 MARCH 20, 2000 PUBLIC HEARINGS B. Sec. 41-525. Front yard setback requirement Replace with: There shall be no front yard building setback allowed except for developments which provide outdoor dining areas subject to the approval of guidelines established by resolution of the City Council. C. Sec. 41-531. Walls and fences Replace: (a) No walls or fences are permitted in the front yard areas, outdoor dining areas and parking lots subject to the approval of guidelines established by resolution of the City Council. D. Sec. 41-526. Side yard and building setback requirements Replace seven (-7) feet with five (5) feet. E. Sec. 41-528. Landscaping requirements Replace: ten (10) foo with five (5) foot. 2. Amend Ordinance NS-2420 to provide for a grandfather provision for the project located on 1013 S. Main Street (DP #97-19), as previously approved by the City Council, CUP 99-15, including signage restrictions, for a period of one year from the effective date of the ordinance. MOTION: Bist SECOND: Lutz (See original motion below) Substitute Amend Ordinance NS-2420 to remove the corner of Main Street and Motion: McFadden Avenue from the provisions of the new zoning district referred to as Commercial South Main. MOTION: McGuigan SECOND: Pulido (Motion withdrawn by maker) Original 1. Approve and certify the Negative Declaration for Environmental Motion: Review No. 168. 2. Place amended ordinance NS-2420 (see amending motion (Bist- Lutz)) and ordinance NS-2421 on first reading and authorize publication of title. ORDINANCE NO. NS-2420 - An ordinance of the City Council of the City of Santa Ana amending Chapter 41 of the Santa Ana Municipal Code to establish a new zoning district known as the Commercial South Main Zoning District CITY COUNCIL MINUTES 87 MARCH 20, 2000 PUBLIC HEARINGS ORDINANCE NO. NS-2421 - An ordinance of the City Council of the City of Santa Ana rezoning property generally located in the area between Walnut Street and Warner Avenue along south Main Street from Community Commercial (C-1) and General Commercial (C-2) to a new zoning district referred to as Commercial South Main (C-SM) (AA No. 99-08) MOTION: Bist SECOND: Lutz VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) NOES: None (0) NOT VOTING: Moreno 75.B. AMENDMENT APPLICATION 00-01 AND VARIANCE 00-02 — 3600-3798 SOUTH BRISTOL (Public hearing continued from the March 6, 2000 Council meeting) Public hearing on Amendment Application 00-01 to rezone the property from Commercial Residential (CR) to General Commercial (C2) and Variance No. 00-02 to allow a reduction in landscaping and parking Legal Notice published in Orange County Register and mailed on February 25, 2000 Recommended for approval by the Planning Commission on March 13, 2000 by a 4-0 vote (Doughty, Nalle and Richardson absent) Introduction of public hearing by Mayor Pulido Presentation of staff report by Planning and Building Agency Planning Manager Adams Presentation of written communications by Clerk of the Council Healy: None The public hearing opened at 8:04 p.m. James Lee Carter spoke in favor of the project The public hearing closed at 8:05 p.m. 1 Motion: 1. Approve and Certify the Negative Declaration for Environmental Review No. 98-49. CITY COUNCIL MINUTES 88 MARCH 20, 2000 M, 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. 2422 An ordinance of the City Council of the City of Santa Ana rezoning property located at 3600-3796 South Bristol Street and 3701-3795 South Plaza Drive from Commercial Residential (CR) to General Commercial (C2) (AA No. 00-01) 3. Adopt resolution. RESOLUTION NO. 2000-020 - A resolution of the City Council of the City of Santa Ana approving Variance No. 00-02 for relief from parking and landscape setback requirements for the Metro Town Square located at 3600- 3796 South Bristol Street and 3701-3795 South Plaza Drive MOTION: McGuigan SECOND: Lutz VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) NOES: None (0) ABSENT: Moreno (1) CONDITIONAL USE PERMITS (Consideration contingent upon approval of Item 75.B. 31.6. CUP 2000-01 — 3710 SOUTH BRISTOL STREET Filed by Jack in the Box to allow a drive -through window service and after hours operations at a new Jack -in -the -Box restaurant — Planning and Building Agency Motion: Receive and file staff report approving Conditional Use Permit 2000-01 as conditioned. MOTION: McGuigan SECOND: Lutz VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) NOES: None (0) ABSENT: Moreno (1) CITY COUNCIL MINUTES 89 MARCH 20, 2000 91 PUBLIC HEARINGS 75.C. 1999 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS (Public hearing continued from the March 6, 2000 Council meeting) Public hearing to comply with the Federal Department of Justice requirement on the acceptance and allocation of $687,775.00 in Local Law Enforcement Block Grant funds to be used for equipment, personnel and overtime costs Legal Notice published in the Orange County Register on February 26, 2000 Introduction of public hearing by Mayor Pulido Presentation of staff report by Police Chief Walters Presentation of written communications by Clerk of the Council Healy: None The public hearing opened at 8:10 p.m. There were no speakers on this matter The public hearing closed at 8:11 p.m. Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 2000-128 - Recognizing 1999 Local Law Enforcement Block Grant (LLEBG) funds in the amount of $687,775.00 and the required matching funds of $76,420.00 from the unanticipated Asset Forfeiture revenue funds, and appropriating same into the 1999 LLEBG expenditure account - Police Department 2. Adopt resolution. RESOLUTION NO. 2000-019 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 96-095 to effect certain changes to the City's basic classification and compensation plan for unrepresented Administrative Management, and to amend the annual budget to add one position in the Police Department MOTION: Lutz SECOND: Christy VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) NOES: None (0) NOT VOTING: Moreno CITY COUNCIL MINUTES 90 MARCH 20, 2000 92 PUBLIC HEARINGS 75.D. DONATION OF A SURPLUS POLICE MOTORCYCLE TO THE SANTA ANA UNIFIED SCHOOL DISTRICT (Public hearing continued from the March 6, 2000 Council meeting) Motion: Authorize donation. Donation of one surplus police Kawasaki motorcycle to the Santa Ana Unified School District for their school police unit program — Finance and Management Services Agency MOTION: Lutz SECOND: Bist VOTE: AYES: Bist, Christy, Franklin, Lutz, Pulido (5) NOES: None (0) ABSENT: McGuigan, Moreno (2) 75.E. UNDERGROUND UTILITY DISTRICT NOS. 33 AND 34 75.F. ABANDONMENT NO. 99-08 - VACATE VANCE STREET BETWEEN POINSETTIA AND THE ALLEY WEST OF POINSETTIA Motion: Continue Items 75.E. and 75.F. to the April 3, 2000 Council meeting. MOTION: Christy VOTE: AYES: NOES: ABSENT COUNCIL AGENDA ITEMS SECOND: Lutz Bist, Christy, Franklin, Lutz, Pulido (5) None (0) McGuigan, Moreno (2) Pursuant to Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85.A. PARKING ENFORCEMENT OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS (BIST) The following members of the public spoke on this matter: Dave Lopez, Salvador Lujan, Robert Henson, Julie Stroud, George DaCorte, Ray Gawronski and Ginelle Hardy. Speakers expressed concerns relating to the City's interpretation of the state vehicle code provisions on commercial CITY COUNCIL MINUTES 91 MARCH 20, 2000 93 COUNCIL AGENDA ITEMS vehicles in residential areas. Speakers also raised the concern that by amending Chapter 41 of the Municipal Code, the City had removed the code enforcement section's use of the land use provisions to restrict parking in residential driveways and streets. Following the public hearing, Council debate ensued. City Attorney Fletcher noted that the California Vehicle Code preempts all regulation of streets regardless of whether the streets are located in a residential area. He reported that the City may regulate private property, but that the change to Chapter 41 of the Municipal Code was done to correspond to the required changes in Chapter 36 of the Municipal Code related to parking of commercial vehicles on residential streets. Councilmember Bist noted that there were two issues before Council — one dealing with the City's ability to regulate private property and the other with limitations in restricting commercial vehicles on city streets. Councilmember Bist related that she was recommending the restoration of provisions dealing with off-street parking on private property in Chapter 41of the Municipal Code. She further requested that the Mayor send the issues related to Chapter 36 and the State Vehicle Code to the Planning Commission for review of alternative solutions to the problems of regulating vehicles on public streets, and suggested that the Commission review procedures utilized in other cities. Councilmember McGuigan expressed concern that rescission of the recently enacted ordinance might encourage an owner to move a commercial vehicle to the street if cited on private property, thereby compounding the problem of commercial vehicle street parking. Motion: Instruct the City Attorney to prepare an ordinance for consideration at the Council Meeting of April 3, 2000, repealing the provisions contained in Ordinance NS-2419 amending Chapter 41 of the Santa Ana Municipal Code, and reinstating the previous provisions. MOTION: Bist SECOND: Franklin VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) NOES: None (0) NOT VOTING: Moreno �1 WORK STUDY SESSIONS WERE CONTINUED BY INFORMAL CONSENT OF THE COUNCIL TO A FUTURE COUNCIL MEETING CITY COUNCIL MINUTES 92 MARCH 20, 2000 94 COMMENTS COMMENTS 90.A. PUBLIC COMMENTS There were no public comments. 90.6. COUNCIL COMMENTS There were no Council Comments ADJOURNMENT — 9:20 P.M. To 5:30 p.m. on April 3, 2000 at City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California e 4�� I�v Pats icia E. Healy Clerk of the Council CITY COUNCIL MINUTES 93 MARCH 20, 2000