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HomeMy WebLinkAbout01-03-1995MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 3, 1995 CALLED 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 TOM LUTZ LISA MILLS TED R MORENO PATRICIA A. McGUIGAN Absent: NONE STAFF: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO SPECIAL PRESENTATION Update on Orange County Investment Pool by 1st District Supervisor Roger Stanton EMPLOYEE AWARDS MAYOR PULIDO 20 Years of Service Leila Jensen Assisted Housing Supervisor Community Development Agency Ulysses Wiggs Community Services Supervisor Recreation and Community Services CITY COUNCIL MINUTES 1 JANUARY 3, 1995 PRESENTATIONS Certificates recognizing the American Red Cross- Orange County Chapter and Lens Crafters of Laguna Hills Mall for providing 17 Santa Ana children with free eye glasses presented by COUNCILMEMBER MILLS to American Red Cross-Orange County Chapter Youth Services Coordinator John Hellriegel and Lens Crafters representatives Debbie Pearson and Regina Seville CONSENT CALENDAR Mayor Pulido announced the removal of Items 13.B, 22.E., 31.A. for separate action and abstention by himself on Item 22.D. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF DECEMBER 19, 1994 BOARDS/COMMISSIONS/COMMITTEES 13. A. NOMINATIONS Motion: Set for consideration at next regular meeting. Virgel L. Nickell, 2319 Bonnie Brae, recommended by COUNCILMEMBER ESPINOZA as the Ward 4 representative to the Cable Television Advisory Board for a first full term expiring November 30, 1998 (Replacing Pleshe) FILE BC CITY COUNCIL MINUTES 2 JANUARY 3, 1995 CONSENT CALENDAR Lynnette Pedroza, (Law enforcement employee - no address due to confidential voter registration status), recommended by COUNCILMEMBER ESPINOZA as the Ward 4 representative to the Planning Commission for a first full term expiring November 30, 1998 (Replacing Stiens) FILE BC Lee Rutledge, 2201 South Pacific Avenue, recommended by COUNCILMEMBER ESPINOZA as the Ward 4 representative to the Community Redevelopment Commission for a first full term expiring November 30, 1998 (Replacing Bist) FILE BC Sergio Verino, (Law enforcement employee - no address due to confidential voter registration status), recommended by COUNCILMEMBER ESPINOZA as the Ward 4 representative to the Board of Recreation and Parks for a first full term expiring November 30, 1998 (Replacing Rios) FILE BC 13.B. APPOINTMENTS - Removed for separate action. (See Minutes page 5.) CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The December 19, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:50 p.m. on December 14, 1994. MISCELLANEOUS - ADMINISTRATION 19.A. DUES - LEAGUE OF CALIFORNIA CITIES Motion: Approve. Payment of $20,820.00 for City's annual membership in the I~ague of California Cities FILE BK BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: 22.A. Award as recommended in Requests for Council Action. IMMUNIZATION AND BLOOD SCREENING SERVICES - To Advantage Care for a second 12-month renewal period in the estimated amount of $67,200.00 - Finance and Management Services SPEC 92-077 CITY COUNCIL MINUTES 3 JANUARY 3, 1995 CONSENT CALENDAR 22.B. 22.C. 22.D. 22.E. 22.F. NEWSPAPERS ON MICROFILM SUBSCRIPTION SERVICE - To University Microfilms International for a 12-month renewal period in the amount of $11,813.00 - Finance and Management Services SPEC 93-087 RADIATOR REPAIRS/CORE EXCHANGE - To A-1 Radiator for a 12-month period with provision for two additional 12-month renewals in the estimated annual amount of $15,000.00 - Finance and Management Services SPEC 94-054 VEHICLE TIRES - To the following for a 12-month period with provision for two additional 12-month renewals - Finance and Management Services (Mayor Pulido abstained.) SPEC 94-057 Parkhouse Tire in the estimated amount of $125,520.00 Scher Tire, Inc. in the estimated amount of $61,605.00 Pete's Road Service, Inc. in the estimated amount of $13,801.00 Berlin Tire Centers, Inc. in the estimated amount of $12,875.00 SEWER CLEANING MACHINE - Removed for separate action. (See Minutes page 6.) AGRICULTURAL AND INDUSTRIAL POISONS - To the following for a 12- month period with provision for two additional 12-month renewals - Finance and Management Services SPEC 94-67500 Western Farm Service in the estimated amount of $15,679.00 Target Specialty Products in the estimated amount of $14,053.00 United Horticulture Supply in the estimated amount of $8,718.00 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.A. APPOINTMENT OF SUCCESSOR TRUSTEE - MCFADDEN PROPERTIES INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT - With Harris Trust Company of California, Harris Trust and Savings Bank and Bank of America National Trust and Savings Association - Community Development Agency A-95-001 25.B. TEMPORARY FIRE CHIEF SERVICES - With Allen R. Carter pending the appointment of a new Fire Chief - Personnel Services A-95-002 CITY COUNCIL MINUTES 4 JANUARY 3, 1995 CONSENT CALENDAR DEEDS-TRANSFER OF PROPERTY Motion: Approve deed and authorize execution by Mayor and Clerk of the Council of all necessary documents. 30.A. Home Savings of America, FSB - 1136 W. CIVIC CENTER DRIVE - Vehicular access rights - Community Development Agency DEED 7730 CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS 31.A. VA 94-012 - 1200 W. 17th Street - Removed for separate action. page 6.) (See Minutes * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR BOARDS/COMMISSIONS/COMMITTEES 13.B. APPOINTMENTS Motion: 1. Appoint. Larry M. Cooper, 3101 S. Bristol #225, recommended by COUNCILMEMBER MCGUIGAN as the Ward 6 representative to the Personnel Board for a first full term expiring November 30, 1998 (Replacing Gutierrez) FILE BC James F. Kendrick, Jr., 1323 N. Spurgeon #4B, recommended by COUNCILMEMBER MCGUIGAN as the Ward 6 representative to the Board of Recreation and Parks for a first full term expiring November 30, 1998 FILE BC J. W. "Bill" Hill, 1117 N. Concord, recommended by COUNCILMEMBER MCGUIGAN as the Ward 6 representative to the Community Redevelopment Commission for a second full term expiring November 30, 1998 FILE BC CITY COUNCIL MINUTES 5 JANUARY 3, 1995 BUSINESS CALENDAR Continue consideration of appointment to February 6, 1995 Council meeting. Cynthia A. Contreras, 1101 W. MacArthur Blvd., #150, recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Planning Commission for a partial term expiring November 30, 1996 (Replacing Espinoza) MOTION: Moreno SECOND: Mills VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE BC SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Patrick Kelly and Gaylord Ruff, Road Machinery, Inc., raised concerns regarding award of the bid for a sewer cleaning machine to 3T Equipment Company. Motion: Continue consideration to January 17, 1995 Council meeting. 22.E. SEWER CLEANING MACHINE - To 3T Equipment Company, Inc. in the amount of $88,762.46 - Finance and Management Services SPEC 94-058 MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Moreno Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Scott Lissoy indicated he was available to respond to questions. Motion: Receive and file the staff report approving Variance 94-012. CITY COUNCIL MINUTES 6 JANUARY 3, 1995 BUSINESS CALENDAR 31.A. VA 94-012 - 1200 W. 17th Street - Filed by Albert Lissoy and Jill Lissoy to obtain relief from minimum landscaping setback requirements, parking requirements and loading zone size for an existing building - Planning and Building Agency Planning Commission Action: Approval MOTION: Lutz SECOND: Richardson VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson Mills ABSENT: None FILE VA Councilmember Richardson requested that legal non-conforming uses be discussed at the Council's upcoming development process study sessions. ORDINANCES/FIRST READING 50.A. ZOA 94-004 - RESTRICTING COMMERCIAL USES IN INDUSTRIAL ZONES Motion: Continue to March 6, 1995 Council meeting. ORDINANCE NS-2242 - An ordinance of the City of Santa Ana amending Sections 41-472, 41-472.5, 41-489, 41-489.5, 41-506, 41-509, and 41-521 of the Santa Ana Municipal Code and adding Sections 41-481 and 41-495, to restrict commercial uses in the Industrial Zones of the City - Planning and Building Agency MOTION: McGuigan SECOND: Richardson VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE BK Councilmembers McGuigan and Richardson requested that staff identify differences between commercial and light industrial uses, provide a map showing where changes would occur, and analyze further industrial uses adjacent to freeways, affiliated commercial services in industrial areas, and air quality uses. CITY COUNCIL MINUTES 7 JANUARY 3, 1995 BUSINESS CALENDAR RESOLUTIONS 55.A. DESIGNATION OF OFFICIAL CITY DEPOSITORY Motion: Adopt resolution. RESOLUTION 95-001 - A resolution of the City Council of the City of Santa Ana superseding Resolution 93-049 and designating First Interstate Bank as the depository for City of Santa Ana funds, effective February 1, 1995, and designating signatures authorized for the purpose of withdrawal of said funds - Finance and Management Services MOTION: Richardson SECOND: Mills VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE BK 55.B. Motion: AMENDMENT OF CLASSIFICATION/COMPENSATION PLAN Adopt resolution. RESOLUTION 95-002 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to add one part-time title to the City's Basic Classification and Compensation Plan, and to amend the current annual budget to allocate one part-time position at no additional cost - Personnel Services MOTION: McGuigan SECOND: Mills VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE BK CITY COUNCIL MINUTES JANUARY 3, 1995 PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION 1066 - CUP 94-007 - 1326 N. LOGAN STREET - FILED BY VERONICA RUIZ AMENDMENT APPLICATION 1066 to rezone property located at 1326 N. Logan Street from the R2 (Two-Family Residential) District to the M2 (Heavy Industrial) District CUP 94-007 to permit an automobile salvage yard within an M2 zoning district Legal Notice published in the Register and mailed on December 23, 1994 Recommended for denial by the Planning Commission on December 12, 1994 by a 4/0 vote with Mondo dissenting and Brown absent Request for continuance received from applicant on December 27, 1994 Motion: Continue consideration of Amendment Application 1066 and Conditional Use Permit Application 94-007 to February 6, 1995 meeting. MOTION: SECOND: Moreno VOTE: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson AYES: Richardson NOES: None ABSENT: None FILE: AMAP CUP 75.B. GPA 94-005 - AMENDMENT APPLICATION 1069 - VA 94-015 - CUP 94-022 - TENTATIVE TRACT MAP 15044 - 601-617 E. 17TH STREET Proposal to permit the construction of a carwash, gas station, and retail market located at 601-617 East 17th Street. GENERAL PLAN AMENDMENT 94-005 will redesignate the area from Low Density Residential (LR) to General Business District (GBD). AMENDMENT APPLICATION 1069 will change the zoning designation in the area from the R1 (Single-Family Residential) District and R2 (Two-Family Residential) to the C5 (Arterial Commercial) District. VARIANCE 94-15 would allow the placement of driveways on 17th and Santiago Streets within 150 feet of an intersection. CITY COUNCIL MINUTES 9 JANUARY 3, 1995 PUBLIC HEARINGS CONDITIONAL USE PERMIT 94-22 is required in the C5 District to allow a carwash and service station use. TENTATIVE TRACT MAP 15044 proposes to subdivide the property for condominium purposes. Legal Notice published in the Register and mailed on December 23, 1994 Recommended for approval by the Planning Commission on December 12, 1994 by a 5/0 vote with Brown absent The Mayor opened the public hearing regarding Amendment Application 1069, VA 94-015, CUP 94-022 and Tentative Tract Map 15044 at 6:53 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written comments by Clerk of the Council Janice C. Guy: None The following persons spoke in opposition to the above project: Ramesh Bajaria Ron Johnson James Kendrick Mel Vernon spoke in favor of the project. There were no other speakers on the matter. The Mayor closed the public hearing at 7:06 p.m. Phil Martin and Steve Krieger, representing the applicant, and Planning and Building Agency Executive Director Robyn Uptegraff responded to Council's questions regarding specifics of the project including but not limited to restriction of liquor sales hours, location of driveways, and landscaping. Motion: 1. Adopt resolution. RESOLUTION 95-003 - A resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan with regard to property located at the northwest corner of Seventeenth Street and Santiago Street (GPA-94-5) - Planning and Building Agency CITY COUNCIL MINUTES 10 JANUARY 3, 1995 PUBLIC HEARINGS 2. Place ordinance on first reading and authorize publication of title: ORDINANCES NS-2243 - An ordinance of the City of Santa Ana rezoning certain property located on the northwest corner of Seventeenth Street and Santiago Street from the R-1 (Single-Family Residential), R1-B (Single-Family Residential-Parking), and R2 (Two-Family Residential) Districts to the C5 (Arterial Commercial) District (AA No. 1069) -Planning and Building Agency FILE AMAP Direct the City Attorney to prepare a resolution approving VA 94-015 as conditioned by staff and adopt the findings of fact as submitted by staff. Direct the City Attorney to prepare a resolution approving CUP 94-022 as conditioned by staff and adopt the findings submitted by staff 5. Approve. TRACT MAP 15044 - 601-617 E. 17th Street - Filed by Paul Krieger Enterprises/Steve Krieger to subdivide project site for condominium purposes - Planning and Building Agency MOTION: Lutz SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE TMAP Mayor Pulido requested the applicants work with the adjacent neighborhood to address concerns regarding the fire access gate and site landscaping. RECESSED TO HOUSING AUTHORITY - 7:30 P.M. RECONVENED - 7:31 P.M. - All Councilmembers present CITY COUNCIL MINUTES 11 JANUARY 3, 1995 COMMENTS 90.A. PUBLIC COMMENTS Ann Davis expressed concern regarding illegal discharge of firearms by individuals celebrating the New Year Holiday and requested more rigid Police enforcement and imposition of stiffer penalties for violators. Police Chief Paul Walters reported the number of shootings had decreased approximately 50% this year and that he would provide an incident report to the Council. Councilmember Richardson requested the Chief investigate whether restricting the sale of ammunition during the Holidays was an effective method to decrease such shootings, and if so, to work with the other police chiefs in Orange County to enact appropriate legislation. Margaret Farris reported continuing threats to her personal safety and requested Police assistance. Jan McFarlane thanked the Council for re-funding her Student-Assisted Mortgage loan. Virgel Nickell opined that people, not guns and ammunition, caused crime. He also encouraged the City Council to restrict alcohol sales in the City. 90.B. CITY COUNCIL COMMENTS In response to Councilmember Moreno's inquiry, the Clerk of the Council indicated the poll of the Councilmembers regarding invocations at Council meetings was not yet complete. Moreno also reported an increasing incidence of graffiti in his neighborhood which he felt was reflective of escalating gang activity and requested additional Police enforcement. Councilmember McGuigan requested staff prepare a fact sheet to help Councilmembers respond to constituent inquiries regarding the recent increase in cable television rates by Comcast Cablevision. She also asked the City Attorney to check with other legal professionals regarding leaf blowing ordinances and the feasibility of enforcing such ordinances. Councilmember Richardson noted that he had requested that the Police Reserve Officers be recognized as a group for contributing in excess of 10,000 hours of volunteer service to the City at the next Council meeting. In response to Councilmember Espinoza's inquiry, Public Works Agency Executive Director Jim Ross reported the Bristol/Edinger intersection roadwork project was scheduled for completion in May 1995 and that he would ask the contractor to repair potholes adjacent to the project area. CITY COUNCIL MINUTES 12 JANUARY 3, 1995 RECESSED TO CLOSED SESSION - 7:57 P.M. The Brown Act permits the City Council to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the City Council meeting. The following item was received for the January 3, 1995 Closed Session. 95.A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (G.C. Section 54956.9) Significant exposure to litigation pursuant to Section 54956.9(b) specify number of potential cases: One No action was reported out of Closed Session. ADJOURNMENT - 8:19 P.M. - To January 12, 1995, Santa Ana Library, Conference Room, 26 Civic Center Plaza, Santa Ana CITY COUNCIL MINUTES 13 JANUARY 3, 1995