HomeMy WebLinkAbout02-06-1995MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 6, 1995
CALLED TO ORDER
CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:20 P.M.
ATTENDANCE
COUNCILMEMBERS
Present:
MIGUEL A PULIDO, Mayor
ROBERT L. RICHARDSON, Mayor Pro Tern
TONY ESPINOZA
TOM LUTZ
PATRICIA A. McGUIGAN
LISA MILLS
TED R MORENO
Absent: NONE
STAFF:
DAVID N. REAM, City Manager
EDWARD J. COOPER, City Attorney
JANICE C. GUY, Clerk of the Council
INVOCATION
Chaplain Warren Johnson
Police Department
PLEDGE OF ALLEGIANCE
Led by students from Barbara Castillo's Fifth Grade
Class at Jefferson Elementary School who also per-
formed "Boston Tea and the Constitution" in honor of
Presidents' Month
PRESENTATIONS
Introduction of "Kards for Kids" Program by Police
Sergeant Dennis Rios and Community Leader Manuel
Esqueda and presentation of framed collection of Santa
Ana Police Officer "baseball" cards to Mayor Pulido
CITY COUNCIL MINUTES
31
FEBRUARY 6, 1995
Certificate of Appreciation presented by MAYOR
PULIDO to Sgt. Rios and Manuel Esqueda for their
outstanding contributions to "Kards for Kids"
Certificate of Appreciation presented by MAYOR
PULIDO to Toshiba America Foundation Coordinator/
Community Relations Darrel Lynn for its generous
donation to Discovery Science Center which will
benefit 1500 Santa Ana students
City Seal Plaque presented by MAYOR PULIDO to
Daniel T. Miller in recognition of his service on the
Planning Commission 1983-1994
Certificate of Appreciation presented by MAYOR PRO
TEM RICHARDSON to Southern California Edison's
former Public Affairs Area Manager Brad Martin for
outstanding public relations service to the City
City Seal Plaque presented by MAYOR PRO TEM
RICHARDSON to Victor C. Alleman in recognition of
his service on the Community Redevelopment
Commission 1983-1994
OAIItS OF OFFICE
Administered by Clerk of the Council to the following:
Virgel L. Nickell as the Ward 4 representative to the
Cable Television Advisory Board
Lynnette Pedroza as the Ward 4 representative to the
Planning Commission
Lee Rutledge as the Ward 4 representative to the
Community Redevelopment Commission
Sergio Verino as the Ward 4 representative to the
Board of Recreation and Parks
Ollie Whitaker as the Ward 5 representative to the
Board of Recreation and Parks
CITY COUNCIL MINUTES 32 FEBRUARY 6, 1995
CONSENT CALENDAR
The Mayor announced the removal of Items 12.A., 13.B. and 31.A. for separate action.
Motion:
NOES:
ABSENT: None
ADMINISTRATIVE MATTERS
MINUTES
Motion:
10.A.
10.B.
10.C.
Approve staff recommendations on the following Consent Calendar Items.
MOTION: McGuigan SECOND: Lutz
VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
Approve Minutes.
ADJOURNED REGULAR MEETING OF JANUARY 12, 1995
REGULAR MEETING OF JANUARY 17, 1995
ADJOURNED REGULAR MEETING OF JANUARY 26, 1995
NOTICES OF PUBLIC HEARING
12.A. AMENDMENT APPLICATION 1066 - CUP 94-007 - 1326 N. LOGAN -
Removed for separate action. (See Minutes page 37.) FILE AMAP
BOARDS/COMMISSIONS/COMMITTEES
13.A. NOMINATIONS
Motion: Set for consideration at next regular meeting.
Enriqueta L. Ramos, 1145 S. Birch St., recommended by MAYOR PULIDO as
the Mayoral representative to the Community Redevelopment and Housing
Commission for a first two-year term expiring November 30, 1996 (Replacing
Nalle) FILE BC
CONSENT CALENDAR
CITY COUNCIL MINUTES
33
FEBRUARY 6, 1995
Michael L. Macres, 822 N. Sherry Lane, recommended by
COUNCILMEMBER McGUIGAN as the Ward 6 representative to the Cable
Television Advisory Board for a first full term expiring November 30, 1998.
(Replacing Bist)
FILE BC
13.B.
APPOINTMENTS - Removed for separate action. (See Minutes page 38.)
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A.
The January 12, 1995 City Council Agenda was posted on the door of the
Council Chambers, 22 Civic Center Plaza, at 1:00 p.m. on January 9, 1995.
15.B.
Notice of Adjournment of the January 12, 1995 City Council Meeting was
posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:30
p.m. on January 12, 1995.
15.C.
The Revised January 17, 1995 City Council Agenda was posted on the door of
the Council Chambers, 22 Civic Center Plaza, at 4:30 p.m. on January 13,
1995.
15.D.
Notice of Adjournment of the January 17, 1995 City Council Meeting was
posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:25
p.m. on January 18, 1995.
15.E.
The January 26, 1995 City Council Agenda was posted on the door of the
Council Chambers, 22 Civic Center Plaza, at 4:20 p.m. on January 23, 1995.
15.F.
Sandra A. Thrower's resignation from the Human Relations Commission by
letter dated January 10, 1995 effective February 14, 1995 was posted on the
door of the Council Chambers, 22 Civic Center Plaza, at 12:40 p.m. on January
26, 1995.
15.G.
Joan Wilkinson's resignation from the Personnel Board by letter dated January
25, 1995 effective immediately was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 3:30 p.m. on January 27, 1995.
15.H.
Ollie Whitaker's resignation from the Library Board by letter dated January 23,
1995 effective February 6, 1995 was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 9:30 a.m. on January 30, 1995.
CONSENT CALENDAR
CITY COUNCIL MINUTES 34 FEBRUARY 6, 1995
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 95-098 - DONATION - RECREATION
AND PARKS
Motion: Approve. (Requires five affirmative votes)
Receipt of unanticipated donation in Fund 11 recognizing $5,490.00 and
appropriating same for the Children's Winter Holiday Party and the Santa Ana
Senior Center - Finance and Management Services FILE APAD
GRANTS/APPLICATIONS
21.A. APPLICATION FOR STATE USED OIL RECYCLING FUNDS
Motion: Adopt resolution.
RESOLUTION 95-007 - A resolution of the City Council of the City of Santa
Ana approving an application for grant funds from the California Used Oil
Recycling Block Grant program to develop and maintain a Used Oil Recycling
program - Public Works Agency FILE BK
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award as recommended in Requests for Council Action.
22.A. PRINTER AND SUPPORT SERVICES - FINANCE AND MANAGEMENT
SERVICES - To Xerox Corporation for the following:
REPLACEMENT PRINTER AND FORMS SOFTWARE - In the amount of
$40,371.44
HARDWARE SUPPORT - For a three-year period in the estimated annual
amount of $12,240.00
SOFTWARE LICENSING AND SUPPORT - For a three-year period in the
annual amount of $1,290.00 SPEC 94-093
CONSENT CALENDAR
CITY COUNCIL MINUTES
35
FEBRUARY 6, 1995
PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT,
CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES
Motion: Award as recommended in Requests for Council Action.
23.A.
TREE TRIMMING - VARIOUS STREETS - To Petersons Tree Works in the
amount of $41,733.12 - Public Works Agency PROJ 2182-5
23.B.
EDINGER AVENUE SEWER IMPROVEMENTS - To Steve Casada
Construction in the estimated amount of $71,431.30 with total estimated
construction cost of $95,900.00 - Public Works Agency PROJ 3084
23.C.
TREE PLANTING - HENINGER PARK AND MORRISON PARK
NEIGHBORHOODS - To Emerald Landscape Services in the amount of
$52,260.00 - Public Works Agency PROJ 7322-4
AGREEMENTS
Motion:
Authorize the City Attorney to prepare and the Mayor and Clerk of the Council
to execute agreement.
25.A.
WATER RATE STUDY - With Brown and Caldwell in the amount of
$25,685.00 - Public Works Agency AGMT 95-007
Motion:
25.B.
Approve second and final one-year extension of contract.
VIDEO TELEVISION SERVICES - With Tom Bystry in the amount of
$33,280.00 - Recreation and Community Services AGMT 95-008
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.
TURTENWALD, GLORIA - 110 W. First St - For widening the Main and
First Streets Intersection in the amount of $335,000.00 - Community
Development Agency DEED 773 8
30.B. SOUTHERN CALIFORNIA EDISON - Police Administration and Holding
Facility - Easements for installation of transformer pad and underground lines
Community Development Agency DEED 7735
7734
CONSENT CALENDAR
CITY COUNCIL MINUTES 36 FEBRUARY 6, 1995
CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS
31.A.
CUP 94-012 - 115-117 N. Standard Ave., Ste. A - Removed for separate
action. (See Minutes page 39.)
VA 94-008 - 115-117 N. Standard Ave., Ste. A - Removed for separate action.
(See Minutes page 39.)
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR
NOTICES OF PUBLIC HEARING
Councilmember Mills requested staff provide the Council with the number of owner-occupied
homes in the Logan area and survey the Logan property owners to determine their
preferences regarding land use designations prior to the May hearing.
Motion: Continue public hearing to May 2, 1995 at applicant's request.
12.A. AMENDMENT APPLICATION 1066 - CUP 94-007 - 1326 N. LOGAN
MOTION: Mills
VOTE: AYES:
NOES:
ABSENT: None
SECOND: McGuigan
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
FILE AMAP
BOARDS/COMMISSIONS/COMMITTEES
13.B.
Motion:
APPOINTMENTS
Appoint.
Anthony C. Cruz, 2311 E. Santa Clara, Apt.gA, recommended by
COUNCILMEMBER ESPINOZA as the Ward 4 representative to the Human
Relations Commission for a first full term expiring on November 30, 1998
(Replacing Romero) FILE BC
BUSINESS CALENDAR
CITY COUNCIL MINUTES 37 FEBRUARY 6, 1995
Molly G. Doughty, 2108 N. Westwood, recommended by COUNCILMEMBER
MCGUIGAN as the Ward 6 representative to the Planning Commission for a
second full term expiring November 30, 1998 FILE BC
Lorri J. Schmitt-Tudor, 1014 N. Louise St., recommended by
COUNCILMEMBER ESPINOZA as the Ward 4 representative to the
Environmental and Transportation Advisory Committee for a first full term
expiring November 30, 1998 (Replacing Hitterdale) FILE BC
MOTION: Richardson SECOND: McGuigan
VOTE:
AYES:
NOES:
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
ABSENT: None
Motion: Appoint.
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: Espinoza
VOTE:
AYES: Espinoza, Mills, Moreno
NOES: Lutz, McGuigan, Pulido, Richardson
ABSENT: None
FILE BC
The Motion failed.
Councilmember Moreno expressed disappointment that the Council did not appoint Cynthia
Contreras to the Planning Commission and opined that the decision to reject the appointment
was based on her address appearing on a political flyer opposing several seated
Councilmembers.
CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS
In response to Councilmember Richardson's concerns, Planning Manager Ken Adams
explained that the Planning Commission approved CUP 94-012 and VA 94-008 with
conditions.
BUSINESS CALENDAR
CITY COUNCIL MINUTES 38 FEBRUARY 6, 1995
Motion:
31.A.
Receive and file staff report approving CUP 94-012 and VA 94-008.
CLIp 94-012 - 115-117 N. Standard Ave., Ste. A - Filed by Juanita Gomez to
allow an indoor auto salvage yard in an M2 Zone - Planning and Building
Agency
Planning Commission Action: Approved FILE CUP
VA 94-008 - 115-117 N. Standard Ave., Ste. A - Filed by Juanita Gomez to
provide for a reduction in required parking at auto salvage yard site - Planning
and Building Agency
Planning Commission Action: Approved FILE VA
MOTION: Richardson SECOND: Lutz
VOTE:
AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Richardson
NOES: None
ABSENT: None
ABSTAINED: Pulido
ORDINANCES/FIRST READING
50.A. ZOA 94-003 - LALINDROMATS - PERMITTED WITHIN CERTAIN
COMMERCIAL ZONING DISTRICTS
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2245 - An ordinance of the City of Santa Ana amending
Sections 41-199, 41-365.5, 41-412.5, 41-424.5 and 41-645.5 of the Santa Aha
Municipal Code, to require a conditional use permit for laundromats in the
Commercial Use Districts - Planning and Building Agency
MOTION: Mills
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Lutz
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
FILE BK
BUSINESS CALENDAR
CITY COUNCIL MINUTES
39
FEBRUARY 6, 1995
RESOLUTIONS
55.A.
Motion:
SUPPORT DESIGNATION OF OCTA AS METROPOLITAN
TRANSPORTATION PLANNING ORGANIZATION FOR ORANGE
COUNTY
Adopt resolution.
RESOLUTION 95-008 - A resolution of the City Council of the City of Santa
Ana to designate the Orange County Transportation Authority as the
Metropolitan Planning Organization for Orange County - Public Works Agency
MOTION: Richardson
VOTE: AYES:
NOES:
ABSENT: None
ABSTAINED: Mills
SECOND: McGuigan
Espinoza, Lutz, McGuigan, Moreno, Pulido,
Richardson
None
FILE BK
55.B.
Motion:
AMENDMENT OF CLASSIFICATION/COMPENSATION PLAN
Temporary pay upgrade for Acting Fire Marshal
Adopt resolution.
RESOLUTION 95-009 - A resolution of the City Council of the City of Santa
Ana to amend Resolution No. 91-066 to add a special compensation provision -
Personnel Services
MOTION: Richardson
VOTE: AYES:
NOES:
ABSENT: None
SECOND: McGuigan
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
FILE BK
BUSINESS CALENDAR
CITY COUNCIL MINUTES
FEBRUARY 6, 1995
55.C. APPROPRIATION ADJUSTMENTS 95-087 AND 95-088 - COMMUNITY
ORIENTED POLICING SERVICES (COPS) GRANT
Motion:
1. Approve. (Requires five affirmative votes)
Receipt of Community Oriented Policing Services Program grant funds in Fund
127 recognizing $1,733,250.00 and appropriating same for the hiring of 15
additional police officers - Finance and Management Services
FILE APAD
Transfer of Public Employee's Retirement Systems savings from Fund 11
recognizing $526,875.00 to be used as RY 94/95 matching funds against the
COPS grant and overtime - Finance and Management Services
FILE APAD
2. Adopt resolution.
RESOLUTION 95-010 - A resolution of the City Council of the City of Santa
Ana to amend the current annual budget to add fifteen (15) federally funded
police officer positions - Police Department FILE BK
MOTION: McGuigan SECOND: Richardson
VOTE:
A YES:
NOES:
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
ABSENT: None
PUBLIC HEARINGS
75.A. APPEAL APPLICATION 94-004 - CUP 94-018 - SOUTH COAST SHORES -
1950 W. MACARTHLIR BLVD
FILED BY JOYCE FLEMING
CUP 94-018 to increase allowable building coverage at 182-unit project
Recommended for approval by the Planning Commission on December 12, 1994 by a 5/0
vote with Brown absent
Legal Notices mailed January 20, 1995
Communication dated January 30, 1995 received in Clerk's Office indicating applicant is
unable to continue with appeal
CITY COUNCIL MINUTES 41 FEBRUARY 6, 1995
PUBLIC HEARINGS
Mayor Pulido noted that since the applicant was withdrawing the appeal, the need for a
public hearing was moot. He invited anyone who had come to speak regarding the appeal to
do so.
George Gustafson expressed concerns regarding restrictions on future development in South
Coast Shores. The Mayor referred Gustafson to staff for clarification.
Motion: 1. Approve withdrawal of Appeal Application 94-004.
Receive and file staff report approving CUP 94-018 as conditioned by
staff; and adopt the findings as submitted by staff
CUP 94-018 - 1950 W. MacArthur - Filed by South Coast Shores Homeowners
Association to increase allowable building coverage at the 182 unit project -
Planning and Building Agency
Planning Commission Action: Approved.
MOTION: Richardson
SECOND: Mills
VOTE:
AYES:
NOES:
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
ABSENT: None FILE CUP
RECESSED TO HOUSING AUTHORITY - 7:14 P.M.
RECONVENED - COUNCIL CHAMBERS - 7:14 P.M. - All Councilmembers present.
COMMENTS
90.A.
PUBLIC COMMENTS
Margaret Farris expressed concerns regarding threats to her personal safety. Noting she was
a resident of Garden Grove and Anaheim, the Mayor indicated her concerns would be
forwarded to the appropriate jurisdiction.
Barbara Fernandez requested assistance from the Council regarding the return of personal
possessions she claimed had been confiscated during a Police action.
CITY COUNCIL MINUTES 42 FEBRUARY 6, 1995
90.B. CITY COUNCIL COMMENTS
Councilmember Richardson:
reported a constituent had been assaulted on the Broadway Overcrossing
and requested staff review the adequacy of the security lighting at that
location;
expressed his appreciation to Public Works Agency staff members T. C.
Sutaria and Scott McCann for their presentation of a proposed parking
plan to the French Park Neighborhood Association;
requested staff inform French Park Neighborhood residents concerning the
parking district plan prior to the Environmental and Transportation
Committee meeting on the proposal;
indicated he was looking forward to the staff report on billboard clean-up;
and
requested the Clerk arrange to recognize the service of Joan Wilkinson and
Sandra Thrower on the Personnel Board and Human Relations Commission,
respectively.
Councilmember Espinoza requested staff investigate the use of volunteers to assist in Police
patrol activities. Councilmember McGuigan indicated a study had already been done by the
Police Department on volunteer assistance and that a report was forthcoming. The Mayor
requested the report be presented at a Council meeting.
Councilmember Espinoza expressed his concern that the rejection of Cynthia Contreras'
appointment to the Planning Commission (see Minutes page 38) was a precursor to negative
campaigns in the 1996 election.
Councilmember Lutz noted:
a "Parent Patrol" had been established at Carver Elementary School and
thanked staff for assisting with the project;
a design contest was in progress for architectural plans for live/work
quarters in the Downtown Artists Village; and
a meeting would be held at 7:00 p.m. on February 9 at Hoover School
regarding the reopening of the Santiago/Edgewood intersection.
Councilmember Mills requested staff facilitate the board-up of the 17th Street/Santiago
development site and encouraged staff, in conjunction with the review of the adequacy of the
Broadway Overpass lighting, consider an aesthetic advertisement for the Bowers Museum
and the Discovery Science Center in the area.
CITY COUNCIL MINUTES 43 FEBRUARY 6, 1995
Mayor Pulido noted the groundbreaking for the Federal Courthouse had been deferred to
March 17, 1995, requested staff develop a public slide presentation to showcase the project,
and encouraged participation of the Downtown Santa Ana Business Association and other
organizations in the groundbreaking ceremony.
RECESSED TO CLOSED SESSION - 7:31 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 February 6, 1995 Closed Session.
95.A.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C.
Section 54956.9)
Name of Case: Espinoza v. City of Santa Ana
Orange County Superior Court Case No. 678784
Name of Case: Darrow v. City of Santa Ana, Worker's Compensation
File Nos. 92PDS0240 and 90140041
Name of Case: Jones v. City of Santa Aha, Worker's Compensation
File No. 94PDS0014
Name of Case: Seehr v. City of Santa Ana, Worker's Compensation
File No. 91140156
Name of Case: Jack Curtis v. City of Santa Ana, Worker's Compensation
File No. 92FDS0309
RECONVENED - COUNCIL CHAMBERS - 7:52 P.M.
CLOSED SESSION REPORT
Motion: Approve settlements as follows.
Name of Case: Darrow v. City of Santa Ana, Worker's Compensation
File Nos. 92PDS0240 and 90140041, compromise and release of all issues
including future medical care for $42,000.00
Name of Case: Jones v. City of Santa Ana, Worker's Compensation
File No. 94PDS0014, stipulation in the amount of $14,171.00 and settlement
of City subrogation for policy limits
CITY COUNCIL MINUTES 44 FEBRUARY 6, 1995
Name of Case: Seehr v. City of Santa Ana, Worker's Compensation
File No. 91140156, Workers' Compensation, stipulation for 75% permanent
disability equal to $62,335.00
Name of Case: Jack Curtis v. City of Santa Ana, Worker's Compensation
File No. 92FDS0309, Workers' Compensation, stipulation in the amount of
$60,835.00
MOTION: Mills
SECOND: McGuigan
VOTE:
A YES:
NOES:
Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
None
ABSENT: None
ADJOURNMENT - 7:54 P.M.
Clerk of the Council
CITY COUNCIL MINUTES
FEBRUARY 6, 1995