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Home My WebLink About09-05-1995MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 5, 1995 CALLED TO ORDER 6:10 P.M. CITY COUNC1L CHAMBERS 22 CIVIC CENTER PLAZA ATTENDANCE: COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor TONY ESPINOZA (6:13 p.m.) TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS TED R MORENO (6:13 p.m.) Absent: ROBERT L. RICHARDSON STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO PRESENTATIONS Mayor's Exceptional Citizen Award presented by MAYOR PULIDO to Olga Niebla CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Removal of Items 10.A. and 19.B. for separate action. 2. Continuation of Item 11.A. to October 2, 1995. 3. Councilmember Espinoza's abstention on Item 25.A. CITY COUNCIL IVlINUTES 244 SEPTEMBER 5, 1995 CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Mills SECOND: McGuigan VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido NOES: None ABSENT: Richardson MINUTES 10.A. ADMINISTRATIVE MATTERS REGULAR MEETING OF AUGUST 21, 1995 (Removed for separate action. See Minutes page 251 .) 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 aprevious Council meeting and the vote carried forward. However, ifa Councilmember was absent from 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. Motion: Continue consideration of Ordinance NS-2258 to October 2, 1995. 11 .A. PART-TIME EMPLOYEES - CIVIL SERVICE REVISIONS (Placed on first reading on July 17, 1995 by unanimous vote) Published in the O. C. Reporter on July 21, 1995 ORDINANCE NS-2258 - An ordinance of the City Council of the City of Santa Ana amending the Santa Ana Municipal Code by amending Sections 9-2, 9-11, 9- 14, 9-36, 9-37, 9-71, 9-95, 9-i 17, 9-118, and 9-170, adding Section 9-184, and repealing Section 9-184 relating to part-time employees - Personnel Services Motion: Place ordinance on seco~d rectdmg and adopt. 11 .B. SALE OF FOOD AND BEVERAGES - DAN YOUNG SOCCER COMPLEX AT CENTENNIAL PARK Placed on first reading on August 21, 1995 by unanimous vote CITY COUNCIL MINUTES 245 SEPTEMBER 5, 1995 CONSENT CALENDAR Motion: ll.C. Published in the O. C. Reporter on August 25, 1995 ORDINANCE NS-2262 - An ordinance of the City of Santa Ana amending Section 31-2.18 of the Santa Aha Municipal Code to allow sale of food and beverages at the Centennial Park Soccer Field Complex - Recreation and Community Services FILE CA Adopt resolution. APPEAL APPLICATION 95-002 - VA 95-004 - 400 E. 17TH STREET FILED BY CHEVRON GAS RESOLUTION 95-054 - A resolution of the City Council of the City of Santa Ana denying Variance Application No. 95-4, which sought to increase the maximum permitted height and area of a freeway pole sign for a gas station at the southwest corner of Seventeenth Street and Penn Way - Planning and Building Agency FILE VA BOARDS/COMMISSIONS/COMMITTEES 13.A. APPOINTMENT S Motion: Approve. Art Pedroza, 518 N. English, recommended by COUNCILMEMBER. MILLS as the Ward 3 representative to the Library Board for a partial term expiring November 30, 1996 (Replacing Garcia) FILE BC CLERK OF THE COUNCIL POSTING REPORT Motion: 15.A. b~struct Clerk to enter notice of posting into the Minutes. The August 21, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:00 p.m. on August 16, 1995. MISCELLANEOUS - ADMINISTRATION 19.A. LEAGUE OF CALIFORNIA CITIES ORANGE COUNTY DIVISION MEMBERSHIP DUES Motion: Authorize payment. Santa Ana's annual membership dues to the League of California Cities Orange County Division in the amount of' $29,208.00 - City Manager FILE CA CITY COUNCIL MINUTES 246 SEPTEMBER 5, 1995 CONSENT CALENDAR 19.B. 19.C. Mo~on: SANTA ANA 2000 SCHOLARSHIP FUND (Removed for separate action. See Minutes page 252.) EXCUSED ABSENCE Approve. Excused absence of MAYOR PRO TEM RICHARDSON from the September 5, 1995 Council Meeting 20.A. Motion: BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 96-036 & 96-037 - STREET TERRORIST OFFENDER PROGRAM (STOP) I. Approve. (Req~tires five affirmative votes) Receipt of STOP grant funds in Fund 155 recognizing $114,102.00 and appropriating same for Street Terrorist Offender Program II - Finance and Management Services FILE APAD Transfer of Crimes Against Persons funds to Fund 155 recognizing $12,677.00 in FY 1995/96 matching funds for the Street Terrorist Offender Program grant - Finance and Management Services FILE Al?AD 2. Adopt resohltion. RESOLUTION 95-055 - A resolution of the City Council of the City of Santa Ana authorizing the Chief of Police to submit a grant award agreement to the Office of Criminal Justice Planning for the Street Terrorist Offender Program II - Police Department GRANTS/APPLICATIONS 21.A. 1995 EMERGENCY SHELTER GRANT FUNDS Motion: 1. Approve. Allocation of $241,000.00 in 1995 Emergency Shelter Grant Funds to recmnmended service agencies CITY COUNCIL MINUTES 247 SEPTEMBER 5, 1995 CONSENTCALENDAR 2. Authorize the City Attorney to prepare and the City Manager and Clerk of the Council to execltte agreements. With South Orange County YWCA in the amount of $79,000.00 AGMT 95-062 With Salvation Army in the amount of $15,000.00 AGMT 95-063 With Shelter for the Homeless in the amount of $15,000.00 AGMT 95-064 With Mercy House in the amount of $15,000.00 AGMT 95-065 With Dayle Mclntosh Center in the amount of $15,000.00 AGMT 95-066 With Orange Coast Interfaith Shelter in the amount of $15,000.00 AGMT 95-067 With Catholic Charities in the amount of $15,000.00 AGMT 95-068 With Mental Health Association in the amount of $15,000.00 With Interval House in the amount of $15,000.00 AGMT 95-069 AGMT 95-07O With Episcopal Service Alliance in the amount of $15,000.00 AGMT 95-071 With Orange County Homeless Issues Task Force in the amount of $12,000.00 AGMT 95-072 With City of Santa Ana Recreation and Community Services in the amount of $15,000.00 3. A 11 thorize. City Manager to execute amendments to nonprofit agency contracts which do not constitute a substantial change to the contract as defined by the City in accordance with U.S. Department of Housing and Urban Development regulations - Community Development Agency CITY COUNCIL MINUTES 248 SEPTEMBER 5, 1995 CONSENTCALENDAR 22.A. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Award as recommended in Requests for Council Action. TREES, SHRUBS AND GROUND COVER - To the following for one-year renewal period - Finance and Management Services SPEC 94-046 Arbor Nurseries in the estimated annual amount of $49,628.00 DLT Growers in the estimated annual amount of $11,500.00 22.B. WIPING CLOTHS - CENTRAL STORES - To the following for a one-year period with provision for two one-year extensions - Finance and Management Services SPEC 95-032 Anaheim Wiping Cloth Co. in the estimated amount of $26,830.00 First Company/Northern Distributing in the estimated amount of $24,783.00 EMERGENCY LIGHT BARS AND CONTROLLERS (19) - FLEET MAINTENANCE - To Adamson Industries in the amount of $30,583.87 - Finance and Management Services SPEC 95~036 22.C. PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: A ward as recommended in Requests for Council Action. 23.A. GRAFFITI REMOVAL SERVICE - With Graffiti Control for a one-year extension in an amount not to exceed $200,000.00 - Public Works Agency PROJ 2168 AGREEMENTS Motion: Authorize the City Attorney to prepare attd the Mayor and Clerk of the Council to execute agreement. 25.A. 1994 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM ~ With County of Orange in the amount of $500,000.00 - Community Development Agency (Councilmember Espinoza abstained.) A-95-073 CITY COUNCIL MINUTES 249 SEPTEMBER 5, 1995 CONSENT CALENDAR LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Receive and file staff report approving CUP 95-013 31.A. CUP 95-013 - 1441 W. 17th Street - Filed by Interstate Consolidated Industries to relocate a home improvement store (Homebase) from 1535 W. Bristol to 1441 W. 17th Street in the General Commercial (CS) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CUP MISCELLANEOUS-LAND USE 39.A. TRAFFIC DIVERTER ON WRIGHT STKEET AT PALM Motion: 1. Approve. Installation of a traffic diverter restricting vehicular traffic on Wright Street south of Fourth from entering both Wright and Palm Streets at the Wright-Palm intersection on a six-month trial basis 2. Authorize. Environmental and Transportation Advisory Committee to approve the replacement of the temporary diverter with a permanent one after the trial period if at least 66% of the returned ballots from area residents are in favor - Public Work Agency FILE CA * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR MINUTES Miles Leach noted that Minutes page 241 indicated a significantly greater number of residents had supported removal of the traffic diverters at Santa Clara and Broadway than favored their retention, and asked the Council to schedule this issue for discussion. Motion: 10.A. CITY COUNCIL MINUTES Approve Minutes. REGULAR MEETING OF AUGUST 21, 250 1995 SEPTEMBER 5, 1995 BUSINESS CALENDAR MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno Richardson None , Pulido, MISCELLANEOUS - ADMINISTRATION 19.B. SANTA ANA 2000 SCHOLARSHIP FUND Councilmember Mills asked that the Santa Aha 2000 Scholarship funding be continued to staffto prepare a program evaluation report. Motion: Substitute Motion: allow Continue consideralion of Santa Aha 2000 Scholarship funding to November 6, 1995 pending staff report. SECOND: McGuigan MOTION: Mills Authorize deposit $300,000.00 into the Orange County Community Foundation account for the Santa Ama 2000 Scholarship Fund - Finance and Management Services MOTION: Moreno SECOND: Espinoza VOTE: AYES: Espinoza, Moreno NOES: Lutz, McGuigan, Mills, Pulido ABSENT: Richardson The substitute motion failed. Vote on original motion: VOTE: AYES: Lutz, McGuigan, Mills, Pulido NOES: Espinoza, Moreno ABSENT: Richardson FILE CA CITY COUNCIL MINUTES 251 SEPTEiX{BER 5, 1995 ORDINANCES/FIRST READING 50.A. Motion: ZOA 95-003 - RESIDENTIAL ROOM ADDITIONS Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2263 - An ordinance of the City of Santa Ana adding Section 41- 619 to the Santa Ana Municipal Code to regulate additions to residential buildings - Planning and Building Agency MOTION: McGuigan SECOND: Lutz VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido NOES: None ABSENT: Richardson FILE CA PUBLIC HEARINGS 75.A. APPEAL APPLICATION 95-001 - CUP 95-012 - 2911 S. CRODDY WAY FILED BY AEROGLOBE TOURS AND TRAVEL, 1NC. APPEAL APPLICATION 95-001 to approve CUP 95-012 to allow the operation ora commercial business within the Light Manufacturing (M I) zone Recommended for denial by the Planning Commission on July 10, 1995 by a 6/0 vote with Doughty absent Legal Notice mailed on July 24, 1995 The Mayor opened the public hearing regarding Appeal Application 95-001 at 6:23 p.m. Presentation of staff report and staff comments by Planning Manager Ken Adams Presentation of written communications by Clerk of the Council Janice C. Guy: Two from David H. Pillman, dated September 1, 1995 and September 5, 1995 respectively The following persons spoke in favor of Appeal Application 95-001: David Pillman Jerry Chuang, Asiana Airlines There were no other speakers on the matter. The Mayor closed the public hearing at 6:34 p.m. CITY COUNCIL MINUTES 252 SEPTEMBER 5, 1995 PUBLIC HEARINGS Mo6on: Approve Appeal Application 95-001 overturning the Planning Commission's decision, direct the City Attorney to prepare a resohttion approving CUP-95-012 for a 4-year period, and adopt the findings submitted by staff. MOTION: McGuigan SECOND: Lutz VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido NOES: None ABSENT: Richardson FILE CUP 75.B. ABANDONMENT 95-A1 - STREET VACATION - VALENCIA/POINSETTIA Filed by Kreiger Enterprises to vacate portions of Valencia Avenue and Poinsettia Street north of 17th Street to facilitate the development of a carwash, gas station, and retail market Legal Notice published in the Register on August 7, and 14, 1995 Presentation of staff report and staff comments by Community Development Agency Executive Director Cindy Nelson Presentation of written communications by Clerk of the Council Janice C. Guy: None The Mayor opened the public hearing regarding Abandonment 95-A1 at 6:39 p.m. Margaret Farris spoke in opposition to Abandonment 95-A1. There were no other speakers on the matter. The Mayor closed the hearing at 6:41 p.m. Motion: Adopt resohttion. RESOLUTION 95-056 - A resolution of the City Council of the City of Santa Ana vacating portions of Poinsettia Street and Valencia Avenue north of Seventeenth Street - Community Development Agency MOTION: Lutz VOTE: AYES: NOES: ABSENT: Richardson SECOND: Mills Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido None FILE CA CITY COUNCIL MINUTES 253 SEPTEMBER 5, 1995 RECESSED TO HOUSING AUTHORITY - 6:41 P.M. RECONVENED - 6:42 P.M. - All Councilmembers present except Councilmember Richardson COMMENTS 90.A. PUBLIC COMMENTS Javier Loera and Seferino Garcia, speaking on behalf of the Thomas Rodriguez Justice Committee, requested the City Council instigate a thorough Police investigation regarding the drive-by shooting that had resulted in Thomas' death and his brother Ricardo's subsequent suicide. Police Chief Paul Walters clarified that the killing occurred approximately llA years ago and the case had gone to a jury trial that resulted in an acquittal of the suspects. Sal Juarez recounted the part played by Sam Sandoval, local manager from the U.S. Housing and Urban Development Department (HUD), in supporting Santa Ana's request for a HUD loan to complete construction of the new Police Administration facility, and asked the Mayor to write a letter to Sandoval thanking him for his assistance. Margaret Farris expressed agreement with the speakers regarding the failure of the justice system concerning the Thomas Rodriguez case. She reported that she too had been shot at last year and requested the Police Department investigate. Janet Burnham from the Woodlake Homeowners Association complained that some Griset Park visitors were using an Edison Company meter box as a ladder to access the neighborhood from the park and commit acts of vandalism, burglary and theft. The Mayor requested Councilmember McGuigan meet with Burnham to work on solutions to the problem. Eddie Beas inquired as to ,vhat Santa Aha is doing to prevent gang violence and requested anti- gang enforcement be intensified. Elisa Garcia cited the Thomas Rodriguez case as evidence of a lack of justice for Latinos and alleged Mayor Pulido was not keeping his campaign promise to help Latinos. Roger Ibarra suggested the City form a committee to work on preventing gang violence and volunteered to assist in the effort. Sean Mill opined that the Council had an "anti-business" attitude citing the Council's failure to approve the Northgate Market project, and that Santa Ana's greatest need was more jobs which he thought would help to decrease gang activities. Sheila Randell-Baker and Bill Barnwell, representing the Tennessean Homeowner's Association, urged the Council to expedite the Gateway Center project at the corner of 17th Street and Tustin Avenue. The Mayor requested the City Manager provide a project update to Randell-Baker prior to her next homeowner's meeting on September 27. CITY COUNCIL MINUTES 254 SEPTEMBER 5, 1995 Miles Leach commented on the tremendous changes that had occurred in Santa Ana since 1956 when he first came to the city and again urged the Council to listen to the majority when considering street closures. 90.B. CITY COUNCIL COMMENTS Councilmember Mills requested that the anti-scavenger law prepared recently by the City Attorney's Office be placed on an upcoming Council Agenda. Councilmember McGuigan asked that Mills meet with her to discuss other cities' anti-scavenging programs. Councilmember Mills also: asked that a meeting involving the Alona Park and West Floral Park Neighborhood Associations and staff be arranged to discuss measures to prevent vandalism at the Home Base site during the construction of the new middle school at Honer Plaza; requested staff advise the Rodriguez family of legal options available concerning Thomas' killing; congratulated the Mayor and his wife on the recent birth of their first child, Miguel Robert. Councilmember McGuigan noted the Council had approved Agenda Item 20.A. regarding $114,000 in grant funds that would allow the Police Department to hire two additional officers for gang violence suppression. She also requested the Council meeting be adjourned in memory of George Corrales, a City firefighter who had recently died in a boating accident. Councilmember Moreno: requested staff investigate a complaint by Paul Le regarding relocation benefits owed to Le; reported the street cleaning firm used by Hutton Center was creating a nuisance for the Sandpointe Neighborhood due to excessively early operations and asked staff to intervene; and reiterated Councilmember Mills' request regarding the Rodriguez family; and related his efforts to promote City programs such as the Scholarship Fund and nexv community centers to deter "good kids" from gang involvement. CITY COUNCIL MINUTES 255 SEPTEMBER 5, 1995 RECESSED TO CLOSED SESSION - ROOM 147 - 7:44 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 items were received for the August 21, 1995 Closed Session. 95.A. CONFERENCE WITH LABOR NEGOTIATOR (G.C Section 54957.6) Agency Negotiator: Swadesh Chopra Employee Organization: SACEA/SEIU Employee Organization: Police Officers Association 95.B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: William McCoy v. City of Santa Ana Workers' Compensation Case No. 91140256 95.C. LIABILITY CLAIMS (C.G. Section 54956.95) Claimant: Saul Velasquez Agency Claimed Against: City of Santa Ana Claimant: Tuong Ngoc Phan Agency Claimed Against: City of Santa Ana RECONVENED - COUNCIL CHAMBERS - 7:57 P.M. - Ail Councilmembers present except Councilmember Richardson Motion: 95.B. CLOSED SESSION REPORT Authorize settlemetllx ax follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: William McCoy v. City of Santa Ana Workers' Compensation Case No. 91140256, stipulation in the amount of $24,975.00. 95.C. LIABILITY CLAIMS (C.G. Section 54956.95) Claimant: Saul Velasquez Agency Claimed Against: City of Santa Ana, settlement in the amount of $11,000.00 CITY COUNCIL MINUTES 256 SEPTEMBER $, 1995 Claimant: Tuong Ngoc Phan Agency Claimed Against: City of Santa Aha, settlement in the amount of $9,000.00 MOTION: Mills SECOND: McGuigan VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido NOES: Richardson ABSENT: None ADJOURNMENT- 7:57 P.M. - In memory of Firefighter George Corrales CITY COUNCIL MINUTES 257 SEPTEMBER 5, 1995