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HomeMy WebLinkAbout11-06-1995MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 6, 1995 CALLED TO ORDER 6:08 P.M. CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 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 Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE AND FLAG SALUTE MAYOR PULIDO Cub Scout Pack 26 Webelos (We be loyal scouts) Den 4 Eddie DeLeon Jared Gordon Nick Harvey Ernie Medrano Andrew Perew Michael Peronto Rene Rodriguez Stephen Ruck Timmy Thomas Kelvin Vuong Ben WorraI1 INVOCATION Chaplin Warren Johnson Police Department CITY COUNCIL MINUTES 3O5 NOVEMBER 6, 1995 EMPLOYEE AWARDS MAYOR PULIDO 20 Years of Service Kathryn "Cookie" Roberson Employment Services Assistant Community Development Agency Jose Cruz Fleet Parts Supervisor Finance and Management Services 25 Years of Service Sabino Huaracha, Jr. Supervisor of Inspections Planning and Building Agency Edward R. Andrade Police Sergeant Police Department 30 Years of Service Robert J. Tyler Sr. Plan Check Engineer Planning and Building Agency PRESENTATIONS Mayor's Exceptional Citizen award presented by MAYOR PULIDO to Sergio Velazquez Check in the amount of $70,000.00 for Santa Ana Zoo Aviary project presented by Friends of Santa Ana Zoo President Howard Hall and Executive Director Leslie Perovich to MAYOR PULIDO, Recreation and Community Services Executive Director Allen Doby and Zoo Director Ron Glazier Check in the amount of $500.00 for the Santa Ana 2000 Scholarship Fund presented by Assemblyman Jim Morrisey to COUNCILMEMBER MORENO Certificates of Recognition presented by COUNCILMEMBER MORENO and Rancho Santiago College Dean of Student Development and Santa Ana Unified School District President Dr. Audrey Yamagata- CITY COUNCIL MINUTES 306 NOVEMBER 6, 1995 Noji and Maria Mendez and Tony Rivas of Dr. Noji's staff to Scholarship recipients: Fernando Flores Marisol Martinez Phong Nguyen 1994 Health Net Worksite Wellness Award and check in the amount of $3,000.00 for the Santa Ana Wellness Program presented by Health Net Accounting Manager Wade Shows and Worksite Wellness Coordinator Karen Wolfe to COUNCILMEMBER MCGUIGAN, Personnel Services Executive Director Kermit Francis and Sr. Personnel Technician Carmen Mendibles STUDENT PRESENTATION Century High School United Student Body Parliamentarian Van Ta OATH OF OFFICE Administered by the Clerk of the Council to Judy L. Orton, Ward 4 representative to the Human Relations Commission CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 2. 3. 4. 5. 6. Removal of Items 11.A., 13.A., 19.A., 20.A. and 31 .A. for separate action. Councilmember Lutz's abstention on Item 10.A. Councilmember Mill's abstentions on Items 21 .A. and 25.C. Mayor Pulido's abstention on Item 25.G Mayor Pro Tern Richardson's abstention on Item 25.J. Councilmember Moreno's abstention on Item 29.A. and "NO" vote on Item 23.C. Motion: Approve staff recommendalions on the following Consent Calendar Items. MOTION: McGuigan SECOND: Richardson VOTE: AYE S: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MINUTES 307 NOVEMBER 6, 1995 CONSENTCALENDAR MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF OCTOBER 16, 1995 (Councilmember Lutz abstained.) ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS Votes in this category may differ from the vote on the Consent Calendar. The decision on these items wasmadeat aprevious Councilmeeting and thevote 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. ll.A. CUP 95-016 - FESTIVAL HALL - 220 E. THIRD - Removed for separate action. (See Minutes page 316.) ll.B. GPA 95-005 - LAND USE ELEMENT - CONDOMINIUM CONVERSIONS (Placed on first reading on October 16, 1995 by a 6/0 vote with Lutz absent) Place ordinance on second readi~sg and adopt. ORDINANCE NS-2265 - An ordinance of the City of Santa Aha amending Article IX of Chapter 34 of the Santa Ana Municipal Code to revise the regulation of condominiums and condominium conversions - Planning and Building Agency FILE GPA ll.C. AMENDMENT APPLICATION 95-005 - CUP 95-020 - CHEVRON GAS - 2600- 2650 N. GRAND (Placed on first reading on October 16, 1995 by a 4/2 vote with McGuigan and Pulido dissenting and Lutz absent) Motion: I. Place ordinance on second reading and adopt. ORDINANCE NS-2266 - An ordinance of the City of Santa Ana rezoning certain property located on the west side of Grand Avenue south of Fairhaven Avenue from the A1 (General Agricultural) District to the C5 (Arterial Commercial) District (AA No. 95-5) - Planning and Building Agency FILE AMAP CITY COUNCIL MINUTES 308 NOVEMBER 6, 1995 CONSENTCALENDAR 2. Adopt resohttion. RESOLUTION 95-070 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 95-20 to allow a gas station/minimarket/car wash at 2650 North Grand Avenue - Planning and Building Agency FILE CUP ll.D. Motion: DEVELOPMENT AGREEMENT 85-001 - PACIFICENTER - 1700 E. EDINGER (Placed on first reading on October 16, 1995 by a 6/0 vote with Lutz absent) Place ordinance on second reading and adopt. ORDINANCE NS-2267 - An ordinance of the City of Santa Ana approving an amendment to the PacifiCenter Development Agreement - Planning and Building Agency FILE AGMT 95-096 NOTICES OF PUBLIC HEARING Motion: Continue indefinitely at request of applicant. 12.A. AMENDMENT APPLICATION 1066 - CUP 94-007 - 1326 N. LOGAN FILE CUP BOARDS/COMMISSIONS/COMMITTEES 13.A. NOMINATION - Removed for separate action. (See Minutes page 316.) 13.B. Motion: APPOINTMENTS Appoint. Rita Corpin, 315 E. Myrtle St., recommended by Councilmember Richardson as the Ward 2 representative to the Cable Television Advisory Committee for a second full term expiring November 30, 1998 FILE BC Bruce Nicholson, 2116 N. Ross, recommended by Mayor Pulido as an At-large representative to the Human Relations Commission for a first full term expiring November 30, 1998 (Replacing Lundquist) FILE BC CITY COUNCIL 5tlNUTES 309 NOVEMBER 6, 1995 CONSENT CALENDAR CLERK OF THE COUNCIL POSTING REPORT Motion: b~struct Clerk to enter notice of posting into the Minutes. 15.A. The October 16, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:30 a.m. on November 30, 1995. 15.B. Federico N. Crescini's resignation as the Senior Tenant Representative to the Community Redevelopment and Housing Commission by letter effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:30 a.m. on October 25, 1995. 15.C. Patricia A. Heike's resignation as Ward 1 representative to the Library Board by telephone effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at i 1:30 a.m. on October 26, 1995. 15.D. Carmen Barbee's resignation as a Private Sector representative to the Private Industry Council by telephone effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:30 a.m. on October 26, 1995. 15.E. John J. Revere's resignation as a Private Sector representative to the Private Industry Council by letter dated October 23, 1995 effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:30 a.m. on October 26, 1995. MISCELLANEOUS - ADMINISTRATION 19.A. SANTA ANA 2000 SCHOLARSHIP FUND - Removed for separate action. (See Minutes page 317.) 19.B. FEDERAL SURPLUS PROPERTY - AUTHORIZED CITY PERSONNEL Motion: Authorize the following City Persotmel to acquire federal property from the California State Agency for Sur]ghts Properiy under the terms and conditions of the Agency. Captain Pete Jensen Lieutenant Collie Provence Manager Mary Calderwood Supervisor Irene Jones Deputy Fire Chief Ray Comeau Battalion Chief John Chambers CITY COUNCIL MINUTES 310 NOVEMBER 6, 1995 CONSENTCALENDAR BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 96-065 - "WEED AND SEED" GRANT FUNDS AND GRANT RECIPIENT CONTRACTS - Removed for separate action. (See Minutes page 317.) 20.B. APPROPRIATION ADJUSTMENT 96-066 - CITY' S WELLNESS PROGRAM Motion: Approve. (Requires five affitwTalive votes) Receipt of Health Net Worksite Wellness Award in Fund 81 recognizing $3,000.00 and appropriating same to the Wellness Program - Finance and Management Services FILE APAD 20.C. APPROPRIATION ADJUSTMENT 96-068 - SANTA ANA ZOO BIRD AVIARY PROJECT Motion: Approve. (Requires five affirmative votes) Receipt of a donation from the Friends of the Santa Ana Zoo in Fund 301 recognizing $70,000.00 and appropriating same to the Santa Ana Zoo Bird Aviary project - Finance and Management Services FILE APAD 20.D. APPROPRIATION ADJUSTMENT 96-070 - EL SALVADOR PARK BALL FIELD LIGHTiNG RENOVATION Motion: I. Approve. (Requires five affirmative votes) Reallocation of $50,000.00 donated by Coca-Cola in Fund 51-01 and appropriating same to Fund 51-271 for El Salvador Park ball field lighting renovation - Finance and Management Services 2. Award as recommended bt Request for Council Action. EL SALVADOR BALL FIELD LIGHTING RENOVATIONS - To Coastline Electric in the estimated amount of $161,880 with total estimated construction cost of $207,770.00 - Recreation and Community Services, Public Works Agency PROJ 6280 CITY COUNCIL MINUTES 311 NOVEMBER 6, 1995 CONSENTCALENDAR GRANTS/APPLICATIONS 21.A. ISTEA (INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT) - GRANT APPLICATION Motion: Adopt resolution. RESOLUTION 95-071 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds for the Transportation Enhancement Activities Program under the IntermodaI Surface Transportation Efficiency Act of 1991 - PuNic Works Agency (Councilmember Mills abstained) FILE CA 21.B. ENVIRONMENTAL ENHANCEMENT AND MITIGATION - FALLBROOK PARK - GRANT APPLICATION Motion: Adopt resohttion. RESOLUTION 95-072 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds for the Environmental Enhancement and Mitigation Program under the Section 164.56 of the Streets and Highways Code for the Fallbrook Park Project - Recreation and Community Services FILE CA 21.C. USED OIL RECYCLING PROGRAM - GRANT APPLICATION Motion: Adopt resohttion. RESOLUTION 95-073 - 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 support the ongoing Collection Center Program for Used Oil - Public Works Agency FILE CA SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A. HEATING VENTILATION AND AIR CONDITIONING MAINTENANCE - ALL CITY FACILITIES - To Chandlers Air Conditioning and Refrigeration for a 12-month period with provision for two 12-month renewals in the estimated annual amount of $58,606.55 - Finance and Management Services SPEC 95-035 CITY COUNCIL MINUTES 312 NOVEMBER 6, 1995 CONSENTCALENDAR 22.B. EMERGENCY ELECTRICAL REPAIR, PANEL BOARD AND SWITCH - BUILDING MAINTENANCE - To Electro-Test Incorporated in the amount of $24,839.83 - Finance and Management Services SPEC 95-063 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLlC FACILITIES Motion: Award itl accordance with Request for Council Action. 23.A. MCFADDEN AVENUE REHABILITATION - FLOWER TO MAIN - To Griffith Company in the amount of $528,697.20 with a total estimated construction cost of $717,200.00 - Public Works Agency PROJ 3087/9290 Motion: Rescind contract and attthorize readvertisemenl of bids. 23.B. FAIRV1EW STREET REHABILITATION - ANAHURST STREET TO EDINGER - With Golden Meadows Construction - Public Works Agency PROJ 1552 Motion: Approve. 23.C. TUSTIN AVENUE IMPROVEMENTS, 17TH TO 300 FEET NORTH OF FRANZEN - Change Order 2; increasing in the amount of $18,676.00 - Public Works Agency (Councilmember Moreno voted "NO") PROJ 2575 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.A. LEASE EXTENSION - NORTHEAST POLICE SUBSTATION - 1234 E. 17TH - With Santa Ana Shopping Center Partners for the period December 1, 1995 - November 30, 1998 at the current monthly rate of $3,705.00 - Community Development Agency AGMT 95-0 8 9 25.B. AMENDMENT ESTABLISHING ANNUAL MEETiNGS - With Santa AnadTustin Transportation System Improvement Authority - Public Works Agency AGMT 95-099 25.C. WIDENiNG - 17TH ST APPROACH TO SR-55 IN CITY OF TUSTiN - With Orange County Transportation Authority - Public Works Agency (Councilmember Mills abstained. AGMT 95-100 CITY COUNCIL MINUTES 313 NOVEMBER 6, 1995 CONSENTCALENDAR 25.D. PROGRAM ENVIRONMENTAL IMPACT REPORT - MIDTOWN SPECIFIC PLAN - With Duane Morita in an amount not to exceed $42,145.00 - Community Development Agency AGMT 95-101 25.E. PROJECT REPORT AND ENVIRONMENTAL DOCUMENTATION - ALTON AVENUE OVERCROSSING AT SR-55 - With State of California - Public Works Agency AGMT 95-102 25.F. COMMUNITY ASSESSMENT OF PUBLIC WORKS AGENCY SERVICES - With California State University, Fullerton in an amount not to exceed $28,500.00 - Public Works Agency AGMT 95-103 25.G. DESIGN AND CONSTRUCTION DOCUMENTS - DELHI COMMUNITY CENTER AND PARK IMPROVEMENT - With MV & P International, Inc. in the amount of $418,595.00 - Recreation and Community Services (Mayor Pulido abstained.) AGMT 95-104 25.H. EMPLOYEE GROUP INSURANCE ANNUAL RENEWALS COMMENCING JANUARY 1, 1996 Health Net - medical benefits Kaiser Foundation Healthplan - medical benefits DentiCare - prepaid dental benefits American Benefit Plan Administrators - self-funded dental Safeguard Health Plan - pre-paid dental benefits AGMT 95-106 AGMT 95-107 AGMT 95-108 AGMT 95-109 AGMT 95-110 25.I. SANTA ANA DETENTION FACILITY - INMATE PHONE Motion: 1. Tetw~inate colllract With Corrections Telecom Group, Inc. - Police Department AGMT 93-068 A uthorize the City Attorney to preDare w~d the Mayor and Clerk of the Cou,cil to execltte agreement. With HSS Telecommunications for a maximum three-year period - Police Department AGMT 95-105 25.J. Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execltle a[s, reemetll. AMENDMENT TO PURCHASE PARAMEDIC DRUGS AND SUPPLIES - With Western Medical Center increasing the amount of the agreement from $10,000.00 to $40,000.00 - Fire Department (Mayor Pro Tern Richardson abstained.) AGMT 95-111 CITY COUNCIL MINUTES 314 NOVEMBER 6, 1995 CONSENT CALENDAR MISCELLANEOUS - BUDGET 29.A. Motion: TOWN SQUARE CONDOMINIUM PROJECT 1. Approve. Deferred payment loan in the amount of $35,000.00 to Civic Center Barrio Housing Corporation for the acquisition and rehabilitation of the condominium unit located at 611 W. First Street, #E 105, with the Town Square Project - Community Development Agency Dh'ect the City Attorney to prepare and the Executive Director of the Community Development Agency to execute a loan agreement and all other documents as required. (Councilmember Moreno abstained.) FILE CA LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY 30.A. SALE OF SURPLUS REAL PROPERTY - THIRD AND GRAND Motion: I. Declare property to be surplus in accorda~ce with Section 2-706.1 of the Santa Aha Municipal Code. Northeast corner of Third and Grand Avenue - Community Development Agency 2. Approve sale of property and authorize execution by Mayor and Clerk of the Council of all ~ecessary docume~tts. ROMAN CATHOLIC ARCHDIOCESE OF ORANGE - 13,475 sq. ft. at northeast corner of Third and Grand for parking purposes, in the amount of $241,000.00 - Community Development Agency DEED CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS 31.A. CUP 88-011 - ARCHANGEL MICHAEL COPTIC CHURCH - 4405 W. EDINGER - Removed for separate action. (See Minutes page 318.) END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 315 NOVEMBER 6, 1995 BUSINESS CALENDAR Mo~on: ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS 11.A. CUP 95-016 - FESTIVAL HALL - 220 E. THIRD Councilmember Espinoza asked the Council to reconsider its action on October 16, 1995 regarding CUP 95-016. Adopt resolution. RESOLUTION 95-069 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 95-16 to allow an indoor entertainment use at 220 East Third Street - Planning and Building Agency MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Mills Lutz, McGuigan, Mills, Pulido, Richardson Espinoza, Moreno BOARDS/COMMISSIONS/COMMITTEES 13 .A. NOMINATION Noting the Council would not have another business meeting until December, Councilmember McGuigan asked that the Sandoval's appointment be expedited by going straight to appointment and bypassing the "set for appointment" step. Motion: Appoh~t. Susana Canett Sandoval, 1318 S. Birch Street, recommended by Councilmember McGuigan as the Ward 6 representative to the Library Board for a first full term expiring November 30, 1998. (Replacing Spangler) MOTION: McGuigan VOTE: AYES: NOES: SECOND: Mills Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MINUTES 316 NOVEMBER 6, 1995 BUSINESS CALENDAR MISCELLANEOUS - ADMINISTRATION Councilmember Mills requested the Council to defer action on the Scholarship Fund until after the Council had discussed the Fund at a Study Session. 19.A. SANTA ANA 2000 SCHOLARSHIP FUND Motion: Continue consideralion to November 20, 1995. Deposit of $300,000.00 into the Orange County Community Foundation account for the Santa Ant 2000 Scholarship Fund - City Manager FILE CA VOTE: AYES: NOES: ABSENT: None Lutz, McGuigan, Mills, Pulido, Richardson Espinoza, Moreno APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 96-065 - "WEED AND SEED" GRANT FUNDS AND GRANT RECIPIENT CONTRACTS At Councilmember McGuigan's request, Community Development Agency Executive Director Cindy Nelson provided an update on Weed and Seed projects in Santa Ana. Motion: I. Approve. (Requires five c~fitwmtive votes) Receipt of US Department of Justice "Weed and Seed" grant funds in Fund 126 recognizing $500,000.00 and appropriating the same to the following programs: $35,000.00 to the Road to Success, $50,000.00 to Adopt-A-Kid, $112,500.00 to the Safe Haven, $140,001.00 to Youth and Education Services (YES), $124,999.00 to the Police Department, and $37,500.00 for program evaluation - Finance and Management Services Direct the City Attorney to prepare, and attthorize the City Manager and Clerk of the Couocil to execute the following agreements: With Road to Success in the amount of $35,000.00 With Adopt-A-Kid in the amount of $50,000.00 With Safe Haven in the amount of$112,500.00 With Youth and Education Services (YES) in the amount of $140,001.00 CITY COUNCIL MINUTES 317 AGMT 95-098 AGMT 95-112 AGMT 95-113 AGMT 95- 114 NOVEMBER 6, 1995 BUSINESS CALENDAR MOTION: McGuigan SECOND: Lutz VOTE: AYE S: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None Mayor Pulido requested a "thank you" letter be sent to "Weed and Seed Program" Executive Director Gwendolyn Tyre for her assistance in expediting the grant. CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS 31.A. CUP 88-011 - ARCHANGEL MICHAEL COPTIC CHURCH - 4405 W. ED1NGER Phillip Bettencourt requested the following modified conditions for CUP 88-011 approved by the Planning Commission be set for public hearing by the City Council: Removal of the basketball facilities from the parking lot area. Permanent closure of the gate between the guest residence and the church parking lot. Revision of the approved operating hours. Discontinuation of topping of trees. Motion: Set malter for public hearing on December 4, 1995. MOTION: McGuigan SECOND: Moreno VOTE: AYES: Espinoza, McGuigan, Moreno NOES: Lutz, Mills, Pulido, Richardson ABSENT: None The motion failed. Councilmember McGuigan suggested the Church continue to work with Planning Commission and the residents to resolve parking, noise, and other negative impacts of Church operations on the neighborhood. CITY COUNCIL MINUTES 318 NOVEMBER 6, 1995 BUSINESS CALENDAR ORDINANCES/FIRST READING 50.A. PROHIBIT UNAUTHORIZED REMOVAL OF SOLID WASTE AT CURB (ANTI-SCAVENGING ORDINANCE) Sean Mill spoke in opposition to proposed Ordinance NS-2268. Motion: Place ordinance on first readit~g a~d authorize ]gublication of title. ORDINANCE NS-2268 - An ordinance of the City of Santa Ana amending Section 16-34 of the Santa Ana Municipal Code to prohibit removal of solid waste from disposal containers by unauthorized persons - Public Works Agency MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Lutz, McGuigan, Mills, Pulido Espinoza, Moreno, Richardson FILE CA 50.B. Mo~on: ZOA 95-4 - BROOKHOLLOW OFFICE PARK - 1500-1570 E. WARNER Filed by Stanley Architects to amend the permitted land uses in order to expand the allowable uses at 1500-1570 E. Warner Avenue in Specific Development No. 8 zoning district P/ace ordh~ance o~ first readi~g and authorize pub//cation of title. ORDINANCE NS-2269 - An ordinance of the City Council of the City of Santa Ana amending Specific Development Plan No. 8, pertaining to the Brookhollow Office Park Development, to revise the listing of permitted uses - Planning and Building Agency MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE ZOA CITY COUNCIL MINUTES 319 NOVEMBER 6, 1995 BUSINESS CALENDAR RESOLUTIONS 55.A. Motion: WIDENING OF 17TH STREET OVERCROSSING AT STATE ROUTE 55 Adopt resolution. RESOLUTION 95-074 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to execute a program supplement to the agreement between the City of Santa Ana and the State of California regarding the widening of the 17th Street overcrossing at State Route 55 - Public Works Agency MOTION: Lutz VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CA 55.B. Motion: AMENDMENT OF CLASSIFICATION/COMPENSATION PLAN AND REALLOCATION OF CERTAIN POSITIONS IN FY 95-96 BUDGET Adopt resohttio~. RESOLUTION 95-075 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to effect certain changes to the City's basic classification and compensation Plan ~ Personnel Services MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Mills Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CA CITY COUNCIL MINUTES 320 NOVEMBER 6, 1995 PUBLIC HEARINGS 75.A. CUP 95-019 - GAS STATION - 1502 E, ED1NGER FILED BY UNOCAL CONDITIONAL USE PERMIT 95-019 to allow a retail use in a Light Industrial zone Legal Notice mailed on October 18, 1995 The Mayor opened the public hearing regarding CLIP 95-019 at 7:23 p.m. Presentation of staff reports and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: None Timothy Virus, architect for the project, requested the CUP be amended to permit one exterior restroom door to be open to the public during working hours but locked after hours. There were no other speakers on the matter. The Mayor closed the public hearing at 7:30 p.m. Motion: ]llstr~tct the CiO~ Attorney to prepare a resohttion approving CUP 95-019, with the additional condition that one restroom door permitting access from the exterior of the building to the restroom be allowed but that said door be locked fi'om l l :OO p. m. to 5:00 a.m., and as otherwise conditioned by staff; and adopt the findings as submitted by staff MOTION: Lutz VOTE: AYES: NOES: ABSENT: None SECOND: Moreno Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CLIP 75.B. GENERAL PLAN AMENDMENT 95-007 - AMENDMENT APPLICATION 95-006 - CUP 95-021 FILED BY TED VANDLING GENERAL PLAN AMENDMENT 95-007 to amend the Land Use Element of the General Plan to redesignate property at 1325-1331 E. 17th Street from Low Density Residential to General Business District CITY COUNCIL MINUTES 321 NOVEMBER 6, 1995 PUBLIC HEARINGS AMENDMENT APPLICATION 95-006 to rezone property from Single-Family (RI) and Two- Family (R2) Residential to Community Commercial (C1) CONDITIONAL USE PERMIT 95-02l to allow drive-thru service at a restaurant Legal Notice published in the Register and mailed on October 27, 1995 The Mayor opened the public hearing regarding GPA 95-007, AA 95-006 and CLIP 95-021 at 7:35 p.m. Presentation of staff reports and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: None Raymond Ibarra and Philip Delaway expressed concerns and opposition to the restaurant use proposed for the site. There were no other speakers on the matter. The Mayor closed the public hearing at 7:46 p.m Motion: 1. Adopt resohttion. RESOLUTION 95-076 - 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 1325-1331 East Seventeenth Street (GPA 95-7) - Planning and Building Agency 2. Place ordinance on first readi~g and attthorize publication of title. ORDINANCE NS-2270 - An ordinance of the City of Santa Ana rezoning certain property located at 1325-1331 East Seventeenth Street from the R1 (Single-Family Residential) and R2 (Two-Family Residential) Districts to the C1 (Community Commercial District (AA No. 95-6) - Planning and Building Agency 3. Direct the City Attom~ey lo prepare a resolution approving CUP 95-021, with three additional conctilio.s: (1) cooki.g odor ducts be vented toward the street; (2) if the trees adjacent to the site are removed, they must be replacedwith mature Icmcts'cctping; CITY COUNCIL MINUTES 322 NOVEMBER 6, 1995 PUBLIC HEARINGS (3) a report is to be provided to the Council after six months of restaurant operation under the petw~it; and as othetwise conditioned by staff; and adopt findings as submitted by staff MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE AMAP/CUP/ GPA RECESSED TO HOUSING AUTHORITY - 7:50 P.M. RECONVENED - 7:52 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS Margaret Farris commended the Police Department and the City Council on the excellent performance of their jobs. Miles Leach suggested the high vacancy rate on Main Street cited in a recent Orange County Register article was caused by excessively stringent enforcement of Building and Safety Codes, and suggested the Council consider the impact of proposed legislation on all Santa Ana residents before enacting ordinances. Luis Mufioz urged the Council to combat youth gang violence more proactively, and opined the anti-scavenging ordinance (see Agenda Item 50.A. on Minutes page 319) attacked poor people. Charles Blek reported the activities of the Orange County Citizens for the Prevention of Gun Violence Committee and provided the Council with a model resolution urging the California Legislature to ban the manufacturing, sale and possession of guns commonly referred to as "Saturday Night Specials." Jim O'Conner reviewed the costs of various types of traffic diverters and suggested the Council might save money by installing traffic control signs in place of diverters. CITY COUNCIL MINUTES 323 NOVEMBER 6, 1995 Robert Harr and Janelle McLough expressed concern regarding the lighting intensity of new street lights proposed for installation on North Flower Street. The Mayor requested the City Manager work with the neighborhood on the lighting issue; Councilmember McGuigan requested that voting results from the lighting project neighborhood survey be forwarded to the Council. 85.A COUNCIL AGENDA ITEM Scott Peotter expressed Union Oil's willingness to work with the City regarding additional conditions on a gas station and mini-market at 1913 W. Edinger Avenue, and requested the Council to set a public hearing to reconsider the Council's October 16, 1995 action on General Plan Amendment 95-006 relating to that property. In response to Councilmember Moreno's query, the City Attorney clarified the Council could vote on Peotter's request since the item was part of the Agenda under the Minutes category. Motion: Set Getleral I>latt Amet~&~ettt 95-O06 for public hearit~g on December 4, 1995. MOTION: McGuigan SECOND: Richardson VOTE: AYES: Lutz, McGuigan, Pulido, Richardson NOES: Espinoza, Mills, Moreno ABSENT: None 90.B. CITY COUNCIL COMMENTS Councilmember Lutz requested staff to check on the status of several properties identified by the Flower Street Park Neighborhood Association and Carver Concerned Parents as "run-down and abandoned." Lutz also asked the Police Department to provide a post "Operation Round-up" crime statistics report to the Council. Mayor Pro Tern Richardson requested: staff investigate an apparent proliferation of pay phone installations on public property; the Main Street/Broadway couplet be scheduled for a Council Study Session; staff respond to La Chiquita Grocery's request for assistance regarding problems resulting from ramp closures during the 1-5 freeway widening; and the United Auto Building at First/Main Streets be included in the City budget discussions. CITY COUNCIL MINUTES 324 NOVEMBER 6, 1995 Councilmember McGuigan referred to staff a constituent request to improve the visibility of traffic signs in the Flower-Segerstrom area, and asked staff for a copy of the City policy regarding installation height for traffic signs. Councilmember Moreno: asked that the Council meeting be adjourned in memory ofLui Ioane, a Recreation and Community Services employee who recently died in an auto accident; requested staff assist Don McLaughlin, owner of Clark Dye Hardware, explore options to prevent closure of his business; asked the City Manager to write to the Orange County Register concerning the fallacies contained in the article regarding the Main Street vacancy rate; suggested Conditional Use Permits be required for used car lots; and reiterated his request for a resolution to create a City Finance Commission. Mayor Pulido indicated that the Council meeting would also be adjourned in memory of slain Israeli Prime Minister Yitzhak Rabin. CLOSED SESSION - ROOM 147 - 8:39-8:57 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 items were received for the November 6, 1995 Closed Session. 95.A. LIABILITY CLAIMS (G.C. Section 54956.95) Claimant: Richard Seeney Claim No. 95-159 Agency Claimed Against: City of Santa Ana Claimant: Luis Escamilla Claim No. 95-053 Agency Claimed Against: City of Santa Ana Claimant: Ta, Lieu Khoa Claim No. 95-054 Agency Claimed Against: City of Santa Ana CITY COUNCIL MINUTES 325 NOVEMBER 6, 1995 95.B. CONFERENCE WITH LABOR NEGOTIATOR (G..C. Section 54957.6) Agency Negotiator: Swadesh Chopra Employee Organization: SACEA/SE1U Employee Organization: Police Management Association Employee Organization: Firemen's Benevolent Association Employee Organization: Police Officers Association CLOSED SESSION REPORT - COUNCIL CHAMBERS 95.A. Motion: LIABILITY CLAIMS (G.C. Section 54956.95) 1. Authorize setllements as follows: Claimant: Richard Seeney Claim No. 95-159 Agency Claimed Against: City of Santa Ana, in the amount of $8,966.58 Claimant: Luis Escamilla Claim No. 95-053 Agency Claimed Against: City of Santa Ana, in the amount of $7,200.00 Claimant: Ta, Lieu Khoa Claim No. 95-054 Agency Claimed Against: City of Santa Aha, in the amount orS11,000.00 MOTION: McGuigan SECOND: Richardson VOTE: AYES: Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: None ABSTAINED: Mills 95.B. Motion: CITY COUNCIL MINUTES CONFERENCE WITH LABOR NEGOTIATOR (G..C Section 54957.6) I. Aulhorize Ihe Ciiy A ilorney to prepare and the Mayor and Clerk of the Col#loll lo exe¢ltle agreements. MEMORANDUM OF UNDERSTANDING - 7/1/95-6/30/98 - With SACEA/SEIU Local 1939 - Personnel Services AGMT 95-115 AMENDMENT TO MEMORANDUM OF UNDERSTANDING - 7/1/91-6/30/93 - With Police Management Association - Personnel Services AGMT 95-116 326 NOVEMBER 6, 1995 AMENDMENT TO MEMORANDUM OF UNDERSTANDING - 7/1/94-6/30/96 - With Firemen's Benevolent Association - Personnel Services AGMT 95-117 2. Adopt resolution. RESOLUTION 95-077 - A resolution of the City Council of the City of Santa Ana authorizing an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Santa Ana- Personnel Services FILE CA 3. Place ordinance on firsl rectding and attthorize publication of title. ORDINANCE NS-2271- An ordinance of the City of Santa Ana authorizing an amendment to the contract between the City Council of the City of Santa Aha and the Board of Administration of the California Public Employees' Retirement System - Personnel Services AGMT 95-118 4. A uthorize the Cleric of the Cou.cil to enter the following into the record: As provided under Section 7505 of the California Government Code, notice is hereby given that the City of Santa Ana intends to provide 2% at 55 Full Formula Retirement for local miscellaneous members. There will be no immediate fiscal impact. The employer contribution rate will increase July 1, 1997 and the estimated cost will be approximately $900,000.00, most of which is projected to be paid through early retirement savings and reduced hiring salary rates. MOTION: Moreno SECOND: Espinoza VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None ADJOURNMENT - 9:00 P.M. - In memory ofLui Ioane In memory of Yitzhak Rabin CITY COUNCIL MINUTES 327 NOVEMBER 6, 1995