HomeMy WebLinkAbout09-03-1996MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA Ana, CALIFORNIA
SEPTEMBER 3, 1996
CALLED TO ORDER CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:09 P.M.
ATTENDANCE COUNCILMEMBERS
Present:
MIGUEL A PULIDO, Mayor
ROBERT L. RICHARDSON, Mayor Pro Tem
TONY ESPINOZA
TOM LUTZ
PATRICIA A. McGUIGAN
LISA MILLS
TED R MORENO
Absent: NONE
STAFF:
DAVID N. REAM, City Manager
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
PLEDGE OF ALLEGIANCE Led by National Society Daughters of the American
Revolution, Katuktu Chapter, 1 st Vice Regent Kimberly
Menninger
INVOCATION Chaplain Warren Johnson
Police Department
PRESENTATIONS
Mayor's Exceptional Citizen Award presented by MAYOR PULIDO to Gilbert
Paul Marrero
Proclamation declaring the week of September 16-22, 1996 as "Constitution
Week" presented by MAYOR PULIDO to National Society Daughters of the
American Revolution, Katuktu Chapter, 1 st Vice Regent Kimberly Menninger
CITY COUNCIL MINUTES 261 SEPTEMBER 3,1996
Certificate recognizing HomeBase Warehouse, a Santa Ana business, for its
outstanding efforts in hiring local residents presented by MAYOR PULIDO to
HomeBase General Manager Stan Davis
Mothers Against Drunk Driving (MADD) Deuce Awards recognizing the
following Police Officers for arrests of persons Driving Under the Influence (DUI)
of alcohol between July 1, 1995 and June 30, 1996 presented by
COUNCILMEMBER MCGUIGAN, Police Chief Paul Walters, and MADD
representatives Barbara Taylor and Bill Neessen to:
Eric Demopoulos 55 arrests
James Armstrong 30 arrests
"Homeward Bound" Award recognizing his outstanding support of the Orange
County Homeless Coalition presented by COUNCILMEMBER MCGUIGAN to
MAYOR PRO TEM RICHARDSON
Mayor's Exceptional Citizen Award presented by MAYOR PULIDO to Don
Cribb
Certificate of Recognition recognizing his outstanding donations to the Santa Ana
Police Department Court Referral and Juvenile Diversion Programs presented by
COUNCILMEMBER MILLS and Graffiti Task Force members Police Lieutenant
Mike Foote, Corporal Mona Reese, and Recreation and Community Services
Volunteer Coordinator Belem Solis to Timothy R. Whitacre
SPECIAL PRESENTATION
Century Council "Cops in Shops" program designed to deter minors from
purchasing alcohol from convenience type stores - Report by Police Chief Paul
Walters and Lt. Robert Helton
CONSENT CALENDAR
The following Consent Calendar modifications were announced by Mayor Pulido:
1. Removal of Items 10.A., 10.B., 19.A., 29.A., and 31.B. for separate action.
2. Councilmember Mills' abstention on Items 25.H. and 25.I.
Items removed for separate action are highlighted and show the actual vote. Items without %oics
were passed as part ol'the coiiwnt motion
Noting the Council meeting was not being broadcast over cable television due to technical
difficulties with the cable system, Councilmembers Espinoza and Moreno indicated they would
not vote on any Agenda items until the cablecast resumed.
CITY COUNCIL MINUTES 262 SEPTEMBER 3,1996
CONSENT CALENDAR
Consent
Motion: Approve staff recommendations on the following Consent Calendar Items.
MOTION: Lutz
SECOND: McGuigan
VOTE: AYES: Lutz, McGuigan, Mills, Pulido, Richardson
NOES: None
ABSENT: None
NON -VOTE: Espinoza, Moreno
ADMINISTRATIVE MATTERS
MINUTES
Miles Leach noted Mayor Pro Tern Richardson's extended absence from the Council meetings
due to illness and expressed hope that the Minutes agreed with the Charter requirement that
individual Councilmembers have the permission of the Council to be absent for more than 60
days.
Motion: Approve Minutes.
IO;Ar. RI GIII Ak MEETING OP AYJCxiJST 5, im
MOTION: McGuigan SECOND: Mills
VOTE: AYES: Lutz, McGuigan, Mills, Pulido
NOES: None
ABSENT: None
ABSTAIN: Richardson
NON -VOTE: Espinoza, Moreno
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 a previous Council meeting and the vote carried forward. However, if a
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.
CITY COUNCIL MINUTES 263 SEPTEMBER 3,1996
CONSENT CALENDAR
(Placed on first reading on August 5, 1996 by a 6/0 vote with Richardson absent)
Published in the Orange County Reporter on August 9, 1996
Motion: Place ordinances on second reading and adopt.
I LA. FRANCHISE - PUBLIC RIGHT-OF-WAY - METRICOM
ORDINANCE NS-2297 - An ordinance of the City Council of the City of Santa
Ana, California, granting to Metricom, Inc., its successors and assigns, a
nonexclusive franchise to attach, install, operate and maintain a wireless
communications radio network in, on, over, upon, along and across the public right-
of-way in the City, as the same now or may hereafter exist, prescribing certain
rights, duties, terms and conditions in respect thereto - Public Works Agency
AGMT 96-090
11.B. ZOA 96-004 - AMENDMENT APPLICATION 96-007 - COMMUNITY
COMMERCIAL -MUSEUM DISTRICT
ORDINANCE NS-2299 - An ordinance of the City of Santa Ana adding Division
12A to Article III of Chapter 41 of the Santa Ana Municipal Code to create the C 1-
MD (Community Commercial -Museum District) District, to rezone certain
properties located on both sides of Main Street between Seventeenth Street and
Santa Clara Avenue from the C1 (Community Commercial) and O (Open
Space)Districts to the Cl-MD (Community Commercial -Museum District) District
(AA No. 96-7), and to amend Section 41-1403 of the Santa Ana Municipal Code to
revise the Bus Parking Requirements for art galleries - Planning and Building
Agency FILE CA
I I.C. WEED ABATEMENT ASSESSMENT REGULATIONS
ORDINANCE NS-2300 - An ordinance of the City of Santa Ana amending Sections
16-47, 16-49, 16-51, 16-52, 16-53, 16-54, 16-55, 16-56, 16-59, and 16-60 of the
Santa Ana Municipal Code to revise the City's Weed Abatement regulations - Public
Works Agency FILE CA
BOARDS/COMMISSIONS/COMMITTEES
Motion: Instruct Clerk to enter report into the Minutes.
13.A. VACANCY REPORT AS OF AUGUST 28, 1996
CITY COUNCIL MINUTES 264 SEPTEMBER 3, 1996
CONSENT CALENDAR
Community Redevelopment/Housing Commission 3
Human Relations Commission 1
Library Board 2
Personnel Board I
Private Industry Council 4
Recreation and Parks Board 1
TOTAL 12
FILE BC
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A. The August 5, 1996 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 8:30 a.m. on August 1, 1996.
15.13. The August 19, 1996 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 11:00 a.m. on August 14, 1996.
15.C. Cheryl Patterson's resignation from the Community Redevelopment & Housing
Commission by letter dated August 19, 1996 effective August 21, 1996 was posted
on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on August
21, 1996.
MISCELLANEOUS - ADMINISTRATION
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I9;A
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Motion: Approve.
Excused absence of Mayor Pro Tern Richardson from the August 5 and August 19,
1996 Council Meetings
MOTION: McGuigan SECOND: Mills
VOTE: AYES: Lutz, McGuigan, Mills, Pulido
NOES: None
ABSENT: None
ABSTAIN: Richardson
NON -VOTE: Espinoza, Moreno
CITY COUNCIL MINUTES 265 SEPTEMBER 3,1996
CONSENT CALENDAR
19.B. ANNUAL REPORT - MAYOR'S TASK FORCE ON ARTS AND CULTURE
Motion: Receive and file.
Mayor's Task Force on Arts and Culture Annual Report for FY 1995-96 -
Community Development Agency FILE CA
BUDGETARY MATTERS
GRANT APPLICATIONS
21.A. STATE GRANT - KIWANIS BARRIER FREE PLAYGROUND - THORNTON
PARK
Motion: Adopt resolution.
RESOLUTION 96-080 - A resolution of the City Council of the City of Santa Ana
approving the application for grant funds for Kiwanis Barrier Free Playground in
Thornton Park - Recreation and Community Services FILE CA
21.11. COUNTY GRANT - LOGAN, FISHER AND ALONA PARKS
Motion: Adopt resolution.
RESOLUTION 96-081 - A resolution of the City Council of the City of Santa Ana
authorizing filing of a grant application under the First District Urban Parks
Program for Playground and Americans with Disabilities Act improvements at
Logan, Fisher and Alona Parks and restroom improvements in Alona Park -
Recreation and Community Services FILE CA
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Requests for Council Action.
22.A. RENEWAL - MAINTENANCE OF FIRE STATION DOORS - VARIOUS
STATIONS - To Commercial Door of Orange County for a 12-month renewal
period in the estimated annual amount of $20,000.00 - Finance and Management
Services SPEC 93-003
CITY COUNCIL MINUTES 266 SEPTEMBER 3, 1996
CONSENT CALENDAR
22.13. AMENDMENT - ELECTRICAL SERVICES - VARIOUS CITY DEPART-
MENTS - To Martin and Sons to increase the estimated annual amount to
$69,800.00 to compensate for assumption of Davenport Electric's contract for the
remaining term of the contract - Finance and Management Services
SPEC 94-036
22.C. RENEWAL - MAINTENANCE AND REPAIR OF RADIO
COMMUNICATIONS SYSTEMS - FIRE DEPARTMENT - To Westnet Systems,
Inc. for a 12-month renewal period in the estimated annual amount of $13,000.00
(ref. A-94-039 and A-95-028) - Finance and Management Services
SPEC 94-039
22.D. RENEWAL - PVC PIPE - WATER RESOURCES DIVISION - To USA Supply,
Inc. for a 12-month renewal period in the estimated amount of $85,094.00 - Finance
and Management Services SPEC 94-091
22.E. OFFSET PRINTING SERVICES - VARIOUS CITY DEPARTMENTS - Finance
and Management Services SPEC 96-032
To 1 st Impression Printing for a three-year period with provision for two one-year
extensions in the estimated annual amount of $109,000.00
To Mekong Printing for emergency printing services in the amount of $11,000.00
221. JANITORIAL SERVICES - POLICE ADMINISTRATION AND HOLDING
FACILITY (JAIL) - To CCECO, Inc. for a one-year period with provision for two
one-year extensions in the estimated annual amount of $221,479.00 - Finance and
Management Services SPEC 96-044
22.G. MOVING SERVICES - POLICE ADMINISTRATION AND HOLDING
FACILITY (JAIL) - To O'Neil Moving Systems, Inc. in the estimated amount of
$59,428.00 - Finance and Management Services SPEC 96-045
22.H. POLICE ANIMUNITION - To the following for a one-year period with provision
for two one-year extensions in the estimated annual amounts indicated - Finance and
Management Services SPEC 96-046
San Diego Police Equipment Co., Inc. $16,165.37
Dooley Enterprises 24,499.05
22.I. SECURING VACANT BUILDINGS - PLANNING AND BUILDING AGENCY -
To Interstate Field Services, Inc. for a two-year period with provision for two one-
year extensions in the estimated annual amount of $44,081.00 - Finance and
Management Services SPEC 96-049
CITY COUNCIL MINUTES 267 SEPTEMBER 3,1996
CONSENT CALENDAR
22.J. SOUND SYSTEM - ALBERT D. SALGADO COMMUNITY CENTER -
ROSITA PARK - To Audio Associates in the estimated amount of $20,687.00 -
Finance and Management Services SPEC 96-050
22.K. FOOD, PAPER AND OTHER MISCELLANEOUS ITEMS - VARIOUS CITY
AGENCIES - To Smart & Final in the estimated annual amount of $40,000.00 -
Finance and Management Services SPEC 96-052
22.L. TROPHIES, AWARDS, AND ENGRAVING SERVICES - VARIOUS CITY
AGENCIES - To Players Choice in an amount not to exceed $24,000.00 - Finance
and Management Services SPEC 96-054
22.M. COMPUTERS (18) - RECREATION AND COMMUNITY SERVICES - To Dell
Marketing L.P. under the State of California Multiple Award Schedule contract in
the amount of $40,338.28 - Finance and Management Services
SPEC 96-055
22.N. COPIER PURCHASE AND MAINTENANCE - POLICE RECORDS DIVISION -
To Xerox under the County of Los Angeles Contract in the amount of $51,892.40
for the copier and in the estimated amount of $12,989.52 for the first year of a five-
year maintenance contract - Finance and Management Services
SPEC 96-056
22.0. PAINT AND PAINT SUPPLIES - VARIOUS DEPARTMENTS - To the
following for a two-year term with provision for two one-year extensions in the
estimated annual amounts indicated - Finance and Management Services
SPEC 96-635
Vista Paint Corporation $17,492.33
Frazee Industries, Inc. 2,528.13
Shamrock Supply Company 4,216.51
22.P. UNIFORMS - POLICE AND FIRE- Finance and Management Services
SPEC 96-047
Motion: 1. Reject all bids pending a reevaluation of specifications for uniform
requirements.
Extend current contract on a month -to -month basis.
With Uniform Center in an amount not to exceed $30,000.00
SPEC 93-005
CITY COUNCIL MINUTES 268 SEPTEMBER 3,1996
CONSENT CALENDAR
PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT,
CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES
Motion: Award in accordance with Requests for Council Action.
23.A. SLURRY SEAL PROGRAM 95-96 (PHASE 2) - To Roy Allan Slurry Seal in the
estimated amount of $358,782.76 with total estimated construction cost of
$453,000.00 - Public Works Agency PROJ 2185B
23.13. PEDESTRIAN IMPROVEMENTS - VARIOUS LOCATIONS - To C. J.
Construction in the estimated amount of $319,391.70 with total estimated
construction cost of $417,000.00 - Public Works Agency PROJ 7492
AGREEMENTS
Motion: Authorize City Attorney to prepare and the Mayor and Clerk of the Council to
execute agreements.
25.A. COMPUTER SYSTEMS ADMINISTRATOR SERVICES - With James D. Lentz
in an amount not to exceed $72,800.00 - Finance and Management
AGMT 96-091
25.11. EDUCATIONAL SERVICES TO SANTA Ana SCHOOLS ON WATER ISSUES
- With Municipal Water District of Orange County for a two-year period in an
amount not to exceed $20,000.00 annually for each year of the agreement - Public
Works Agency AGMT 96-092
25.C. CONSULTING/TRAINING SERVICES - VARIOUS CITY DEPARTMENTS -
With the following in the total amount of $121,500.00 - Personnel Services
General Learning Climate Associates
AGMT 96-093
KOE Associates
AGMT 96-094
Tri Source
AGMT 96-095
Language Service Institute
AGMT 96-096
25.D. RENEWALS - EMPLOYEE GROUP INSURANCE AND EMPLOYEE
ASSISTANCE PROGRAM - Personnel Services
With Provident Life and Accident Insurance Company - Life and Accidental Death
and Dismemberment (AD&D) insurance
I:Tu '.1`I
With Standard Insurance Company - Long-term disability insurance
AGMT 96-098
CITY COUNCIL MINUTES 269 SEPTEMBER 3,1996
CONSENT CALENDAR
With PacificCare Behavioral Health Inc. (formerly LifeLink Plus) - Employee
Assistance Program AGMT 96-099
With Kaiser Foundation Health Plan - Health maintenance organization plan
AGMT 96-100
With Health Net - Health maintenance organization plan AGMT 96-101
With American Benefit Plan Administrators (formerly R.E. Harrington, Inc.) - Self -
funded dental plan AGMT 96-102
With Safeguard Dental Plan - Pre -paid dental plan AGMT 96-103
With Denticare - Pre -paid dental plan AGMT 96-104
25.E. TRAFFIC SURVEILLANCE SYSTEM STUDY (PROJ 2580) - With National
Engineering Technology Corporation (NET) in an amount not to exceed $46,215.00
- Public Works Agency AGMT 96-105
25.F. RELOCATION OF POLICE COMPUTER - POLICE ADMINISTRATION AND
HOLDING FACILITY (JAIL) - To Digital Equipment Corporation in the amount
of $27,295.00 - Finance and Management Services AGMT 96-106
25.G. FIRE MUTUAL AID AGREEMENT - With Orange County Fire Authority - Fire
Department AGMT 96-107
25.H. AMENDMENT - CONSOLIDATION OF CONDEMNATION SUITS -
WIDENING OF 17TH STREET BRIDGE APPROACH AT SR-55 - With Orange
County Transportation Authority - Public Works Agency (Councilmember Mills
abstained.)
AGMT 96-108
25.I. FUNDING ADJUSTMENTS FOR LOCAL BUS SERVICES - With Orange
County Transportation Authority in an initial exchange of approximately $2.3
million in local revenues for gas tax revenues - Public Works Agency
(Councilmember Mills abstained.) AGMT 96-109
MISCELLANEOUS -BUDGET
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9A; aCQt.ISI"I'IOti ;111) RlillAlall.l'1':1TIOX OI 8I5 N. LACYS'fRlil?T -
Il1STORIC: FRENC11 P:1RK ASSOCIAI.10\
Councilmember Moreno expressed concern about rehabilitating an apartment complex.
Councilmember Mills indicated a preference for razing the building at 815 N. Lacy and
constructing a new one, and inquired as to whether the HOME funds could be used to acquire the
property.
CITY COUNCIL MINUTES 270 SEPTEMBER 3, 1996
CONSENT CALENDAR
Community Development Agency Executive Director Cindy Nelson explained that federal HOME
funds were available for acquisition and rehabilitation of the project. However, she was not
certain adequate funds were available for tenant relocation and replacement housing if the desire
was to demolish the structure.
Motion: I. Approve, with condition that staff determine whether sufficient funds are
available for property acquisition, tenant relocation and demolition.
Acquisition of property at 815 N. Lacy Street using HOME loan funds in the
maximum amount of $335,000.00 - Community Development Agency
2. If condition cannot be met, approve.
Issuance of a federal HOME loan in the maximimum amount of $335,000.00 to the
Historic French Park Association for the acquisition and rehabilitation of the six -unit
building at 815 N. Lacy Street - Community Development Agency
Execution by the Community Development Agency Executive Director of an
agreement with the Historic French Park Association for the acquisition and
rehabilitation of 815 N. Lacy Street - Community Development Agency
FILE CA
MOTION: Richardson
VOTE: AYES
NOES
ABSENT: None
SECOND: Lutz
Lutz, McGuigan, Mills, Pulido, Richardson
None
NON -VOTE: Espinoza, Moreno
LAND USE MATTERS
CONDITIONAL USE PERMITSNARIANCES/PARKING WAIVERS
Motion: Receive and file staff report and adopt findings as submitted by staff.
31.A. CUP 96-026 - 1525 W. First - Filed by Rafael Ayila to allow after -hour operations
at La Vaquita in the Community Commercial (C1) zoning district - Planning and
Building Agency
Planning Commission Action: Approval FILE CA
CITY COUNCIL MINUTES 271 SEPTEMBER 3,1996
CONSENT CALENDAR
31.E
Planning and Building Agency Executive Director Robyn Uptegraff clarified the portions of the
CUP relating to placement and control of pay phones on the site.
Motion: Receive and file staff report and adopt findings as submitted by staff.
CUP 95-032 - 415 N. Grand - To modify conditions of approval for Tacos Serrano
after -hour operations - Planning and Building Agency
Planning Commission Action: Approval FILE CA
MOTION: Mills
SECOND: McGuigan
VOTE: AYES: Lutz, McGuigan, Mills, Pulido, Richardson
NOES: None
ABSENT: None
NON -VOTE: Espinoza, Moreno
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR
BOARDS/COMMISSIONS/COMMITTEES
13.13.
Motion.
PRIVATE INDUSTRY COUNCIL (PIC) APPOINTMENTS
1. Appoint the following as Private Sector Business representatives:
Jon Dietz, Financial Services, Inc., for a term expiring on August 1, 1998
(Replacing Edenhofer)
Joel Ayala, Career Management Institute, for a term expiring on February 1,
1997 (Replacing Revere)
Nancy Feigert, First Interstate Management Services, for a term expiring on
August 1, 1998 (Replacing Simpson)
Kelly Winn-Boaitey, Kelly Winn & Associates, for a term expiring on
August 1, 1998 (Replacing Mars)
CITY COUNCIL MINUTES 272 SEPTEMBER 3,1996
BUSINESS CALENDAR
2. Appoint.
Jim Davis as the Economic Development Corporation representative to the Private
Industry Council for a term expiring February 1, 1997. (Replacing Dietz)
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Richardson
Lutz, McGuigan, Mills, Pulido, Richardson
None
NON -VOTE: Espinoza, Moreno
ORDINANCES FIRST READING
FILE BC
50.A. PERMITTED USES IN PROFESSIONAL (P) ZONING DISTRICT
Councilmember Moreno expressed concerns that allowing art galleries, museums, and other
facilities with public gatherings in professional zones would have adverse parking impacts on
adjacent residential areas.
Following discussion, Mayor Pulido requested the Planning Commission investigate options to
address Councilmember Moreno's concerns and report to the Council on October 7, 1996.
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2296 - An ordinance of the City of Santa Ana amending Sections
41-313 and 41-313.5 of the Santa Ana Municipal Code to revise the listing of uses
which are permitted in the P (Professional) Zoning District - Planning and Building
Agency
MOTION: Mills
SECOND: McGuigan
VOTE: AYES: Lutz, McGuigan, Mills, Pulido, Richardson
NOES: None
ABSENT: None
NON -VOTE: Espinoza, Moreno
FILE CA
CITY COUNCIL MINUTES 273 SEPTEMBER 3,1996
BUSINESS CALENDAR
RESOLUTIONS
55.A. PARTICIPATION IN CLEAN CITIES PROGRAM
The following persons expressed opposition to public sector expenditures for electric vehicle
programs:
Bill Ward
Les Berryman
Anita Mange]s
Wayne King
John Cox spoke in favor of the programs.
Motion: 1. Direct the City Attorney to prepare and the Mayor and Clerk of the Council
to execute agreement.
MEMORANDUM OF UNDERSTANDING - PARTICIPATION IN CLEAN
CITIES PROGRAM - With the Southern California Association of Governments
(SCAG) to accelerate the use of alternative fuel vehicles and the development of
refueling infrastructure facilities - Public Works Agency AGMT 96-089
2. Adopt resolution.
RESOLUTION 96-075 - A resolution of the City Council of the City of Santa Ana
endorsing and initiating the City's EV-READY COMMUNITY program - Public
Works Agency
MOTION: McGuigan
VOTE: AYES
NOES
ABSENT: None
ABSTAIN: Mills
SECOND: Richardson
Lutz, McGuigan, Pulido, Richardson
None
NON -VOTE: Espinoza, Moreno
FILE CA
CITY COUNCIL MINUTES 274 SEPTEMBER 3,1996
BUSINESS CALENDAR
55.B. AGREEMENT WITH CALTRANS RE FEDERAL -AID (LSTP)
TRANSPORTATION FUNDS
Motion: Adopt resolution.
RESOLUTION 96-082 - A resolution of the City Council of the City of Santa Ana
authorizing the Executive Director of the Public Works Agency to execute an
agreement on behalf of the City of Santa Ana with the California Department of
Transportation for Federal -Aid funds - Public Works Agency
MOTION: Richardson
VOTE: AYES:
NOES:
ABSENT: None
ABSTAIN: Mills
SECOND: Lutz
Lutz, McGuigan, Pulido, Richardson
None
NON -VOTE: Espinoza, Moreno
RECESSED - 7:28 P.M.
RECONVENED - 7:42 P.M. - All Councilmembers present
PUBLIC HEARINGS
FILE CA
75.A. ZOA 96-006 - USES AND STANDARDS - FRENCH PARK NEIGHBORHOOD
ZONING ORDINANCE AMENDMENT 96-006 to revise the uses and standards for property in
the French Park Neighborhood (Specific Development 19)
Legal notice published in the Register and mailed on August 23, 1996
The Mayor opened the public hearing regarding Zoning Ordinance Amendment 96-006 at
7:43 p.m.
Presentation of staff reports and staff comments by Planning and Building Agency Executive
Director Robyn Uptegraff
CITY COUNCIL MINUTES 275 SEPTEMBER 3,1996
PUBLIC HEARINGS
Presentation of written communications by Clerk of the Council Janice C. Guy: One
Dr. Cu Luong dated September 3, 1996
Dianne Marsh spoke in favor of Zoning Ordinance Amendment 96-006.
There were no other speakers on the matter.
The Mayor closed the public hearing at 7:49 p.m.
Motion.
75.13.
Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2301 - An ordinance of the City of Santa Ana revising Specific
Development Plan No. 19 for the French Park Historic District - Planning and
Building Agency
2. Adopt resolution.
RESOLUTION 96-083 - A resolution of the City Council of the City of Santa Ana
adopting Architectural Guidelines for the Historic French Park District - Planning
and Building Agency
MOTION: Richardson SECOND: Lutz
VOTE: AYES: Lutz, McGuigan, Moreno, Pulido, Richardson
NOES: None
ABSENT: None
NON -VOTE: Espinoza, Moreno
FILE CA
CUP 96-17 - 2802 S. FLOWER - ANTENNA - SADDLEBACK HIGH SCHOOL
FILED BY AIRTOUCH CELLULAR
CONDITIONAL USE PERMIT 96-017 to allow an increase in the height of an existing
monopole and antenna array from 35 to 65 feet at Saddleback High School in the Open Space (0)
zoning district
Legal notice published in the Register on August 23, 1996 and mailed on August 22, 1996
The Mayor opened the public hearing regarding Conditional Use Permit 96-17 at 7:51 p.m.
CITY COUNCIL MINUTES 276 SEPTEMBER 3,1996
PUBLIC HEARINGS
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
Eric Meurs spoke in favor of Conditional Use Permit 96-017.
There were no other speakers on the matter.
The Mayor closed the public hearing at 7:53 p.m.
Motion: 1. Remand Conditional Use Permit 96-17 to the Planning Commission to work
with the developer to improve the installation's aesthetic appearance through
development of design standards.
2. Invite other cellular telephone companies to participate in the design
standards development process.
3. Schedule Conditional Use Permit 96-1 7for further consideration by the City
Council on December], 1996
MOTION: Mills SECOND: Lutz
VOTE: AYES: Lutz, McGuigan, Moreno, Pulido, Richardson
NOES: None
ABSENT: None
NON -VOTE: Espinoza, Moreno
FILE CA
75.C. APPEAL APPLICATION 96-004 - CUP 96-025 - 2660 N. MAIN -
MCDONALD' S
FILED BY XAVIER OROZCO
CONDITIONAL USE PERMIT 96-025 to permit the operation of a restaurant with drive -
through window service
Legal notice published in the Register on August 23, 1996 and mailed on August 22, 1996
The Mayor opened the public hearing regarding Appeal Application 96-004 at 8:02 p.m.
Presentation of staff reports and staff comments by Planning and Building Agency Executive
Director Robyn Uptegraff
CITY COUNCIL MINUTES 277 SEPTEMBER 3,1996
PUBLIC HEARINGS
At 8:05 p.m. the Mayor announced the cablecast of the Council meeting had resumed.
Presentation of written communications by Clerk of the Council Janice C. Guy: None
The following persons spoke in favor of Appeal Application 96-004:
Paul Ireland
Paul Hamilton
Ruth Ormsby
Jon Kudla
Sean Mill
Patti Widdicombe
Debra Marrinozzi
Sal Juarez
The following persons spoke against Appeal Application 96-004:
James Kendrick
Michelle Morrisey
John MacDowell
Mel Vernon
Kim Sinclair
The Mayor closed the public hearing at 8:50 p.m.
Motion: Direct the City Attorney to prepare a resolution denying CUP 96-025 as
conditioned and adopt the findings as submitted by staff.
MOTION: Mills
SECOND: Lutz
Substitute
Motion: Continue Appeal Application 96-004 to October 7, 1996.
MOTION: Moreno
VOTE: AYES:
NOES:
ABSENT: None
The substitute motion failed.
SECOND: Espinoza
Espinoza, Moreno
Lutz, McGuigan, Mills, Pulido, Richardson
FILE CA
CITY COUNCIL MINUTES 278 SEPTEMBER 3,1996
PUBLIC HEARINGS
Vote on Original Motion:
VOTE:
ABSENT:
AYES: Lutz, McGuigan, Mills, Pulido, Richardson
NOES: Espinoza, Moreno
None FILE CA
75.D. GPA 96-004 - AMENDMENT APPLICATION 96-004 - SANTA ANA
FREEWAY AND MAINPLACE DRIVE, AND 119 E. EDGEWOOD ROAD
GENERAL PLAN AMENDMENT 96-004 to amend the Land Use Element of the General Plan
to redesignate property along N. Main Street from General Business District (GBD) and District
Center (DC) to Professional and Administrative Office (PAO) and from General Commercial (C2)
to Professional (P) and to redesignate 119 E. Edgewood Road from General Business District
(GBD) to Low Density Residential (LR-7)
AMENDMENT APPLICATION 96-004 to rezone property along N. Main Street from General
Commercial (C2) to Professional (P) and 119 E. Edgewood Road from General Commercial (C2)
to Single -Family Residential (RI)
Legal notice republished in the Register and remailed on August 23, 1996
The Mayor opened the public hearing regarding General Plan Amendment 96-004 and
Amendment Application 96-004 at 9:10 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: Five
Letter from Donald A. Honer received August 27, 1996
Comments from James McClure received August 29, 1996
Letter from Richard W. Freeman dated August 28, 1996
Letter from James E. Carter dated August 30, 1996
FAX from Janet Hryniewicki dated August 30, 1996
The following persons spoke against General Plan Amendment 96-004:
James McClure
Robert Engen
Paul Hamilton
Ruth Ormsby
Brian Bethea
CITY COUNCIL MINUTES 279 SEPTEMBER 3,1996
PUBLIC HEARINGS
Paul Ireland
Sean Mill
David Dowd
Gordian Boteillo
The following persons spoke in favor of General Plan Amendment 96-004:
Chuck Mabry
Mel Vernon
John MacDowell
Kathy Raphael
Michelle Morrisey
The Mayor closed the public hearing at 9:59 p.m.
Motion: 1. Adopt resolution.
RESOLUTION 96-077 - 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
on both sides of Main Street between the Santa Ana Freeway and MainPlace Drive
(GPA 96-4) - Planning and Building Agency
2. Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2298 - An ordinance of the City of Santa Ana rezoning certain
property located on both sides of Main Street between the Santa Ana Freeway and
MainPlace Drive from the C2 (General Commercial) Use District to the P
(Professional) and RI (Single -Family Residence) Use Districts (AA No. 96-4) -
Planning and Building Agency
MOTION: Mills
SECOND: Richardson
Substitute
Motion: Retain current zoning for property described in ORDINANCE NS-2298.
MOTION: Moreno
VOTE:
ABSENT:
The substitute motion failed.
CITY COUNCIL MINUTES
AYES:
NOES:
None
SECOND: Espinoza
Espinoza, Moreno
Lutz, McGuigan, Mills, Pulido, Richardson
PIP111
SEPTEMBER 3,1996
PUBLIC HEARINGS
Vote on Original Motion:
VOTE: AYES:
NOES:
ABSENT: None
RECESSED - 10:16 P.M.
Lutz, McGuigan, Mills, Pulido, Richardson
Espinoza, Moreno
RECONVENED - 10:29 P.M. - All Councilmembers present
FILE CA
75.E. AMENDMENT APPLICATION 96-008 - ARTISTS VILLAGE - PROPERTIES
BOUNDED BY FIRST, THIRD, BUSH & SPURGEON
AMENDMENT APPLICATION 96-008 to rezone properties generally bounded by First, Third,
Bush and Spurgeon Streets from the Center Business (0) to Central Business-ArtistsVillage
(0-A) zoning district
Legal notice published in the Register and mailed on August 23, 1996
The Mayor opened the public hearing regarding Amendment Application 96-008 at 10.29 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
The following persons spoke in favor of Amendment Application 96-008:
James Kendrick
Randy Au
Michelle Morrisey
Dianne Marsh
There were no other speakers on the matter.
The Mayor closed the public hearing at 10:44 p.m.
Motion: Deny approval of Ordinance NS-2302.
MOTION: Moreno
SECOND: Espinoza
CITY COUNCIL MINUTES 281 SEPTEMBER 3,1996
PUBLIC HEARINGS
Substitute
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2302 - An ordinance of the City of Santa Ana rezoning certain
property located on both sides of Bush Street and on the west side of Spurgeon
Street between First Street and Third Street from the C3 (Central Business) Use
District to the C3-A (Central Business -Artists Village) Use District (AA NO. 96-8)
- Planning and Building Agency
MOTION: Mills SECOND: Lutz
VOTE: AYES: Lutz, McGuigan, Mills, Pulido, Richardson
NOES: Espinoza, Moreno
ABSENT: None FILE CA
75.F. REMOVAL OF ILLEGAL TEMPORARY SIGNS & REMOVAL COSTS
Public hearing on a proposed amendment to the Santa Ana Municipal Code to provide for the
removal of illegal temporary signs and set a charge of $25.00 per sign for the recovery of the
City's cost of locating, documenting and removing the illegal signs as well as paying for
administrative expenses.
Legal notice published in the Register on July 19 and 26, 1996
Motion: Continue hearing to October 7, 1996 at request of staff.
MOTION: Mills
VOTE:
ABSENT
SECOND: Lutz
AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
NOES: None
None
FILE CA
Mayor Pro Tem Richardson urged City Council candidates for the November 1996 election to
voluntarily comply with the proposed ordinance by removing their individual signs from the public
right of way.
CITY COUNCIL MINUTES 282 SEPTEMBER 3,1996
PUBLIC HEARINGS
75.G. LAW ENFORCEMENT SERVICES GRANT
Public hearing to comply with California Assembly Bill 3229, Citizen's Option for Public Safety
Program (COPS), on the acceptance and allocation of $711,582.00 in Supplemental Law
Enforcement grant funds.
Legal notice published in the Register on August 23, 1996
The Mayor opened the public hearing regarding the Law Enforcement Services Grant at
11:16 p.m..
Presentation of staff reports and staff comments by Police Chief Paul Walters
Presentation of written communications by Clerk of the Council Janice C. Guy: None
There were no speakers on the matter.
The Mayor closed the public hearing at 11:18 p.m.
Motion: Approve Appropriation Adjustment 97-025. (Requires five affirmative votes)
Accepting $711,582.00 in Supplemental Law Enforcement Services grant funds and
appropriating same to front-line law enforcement, including personnel and
equipment for community policing - Finance and Management Services
MOTION: McGuigan SECOND: Richardson
VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
NOES: None
ABSENT: None
FILE APAD
75.H. BOND ISSUANCE - VILLA DEL SOL APARTMENTS - 811 FAIRVIEW
Public hearing to consider approval of the issuance and delivery by the Housing Authority of the
City of Santa Ana of multifamily housing revenue bonds in the principal amount of
$15,225,000.00 to assist in the financing of the acquisition and rehabilitation by Advanced Group
94-95 of a 562-unit multifamily rental housing development
Legal Notice published in the Register on August 19, 1996
CITY COUNCIL MINUTES 283 SEPTEMBER 3,1996
PUBLIC HEARINGS
The Mayor opened the public hearing regarding the Villa Del Sol Apartments bond issue at
11:18 p.m.
Presentation of staff reports and staff comments by Community Development Executive Director
Cindy Nelson
Presentation of written communications by Clerk of the Council Janice C. Guy: None
In response to Miles Leach's expressed concern, Community Development Agency Executive
Director Cindy Nelson clarified that the City was not taking on new debt and would not be liable
for the repayment of the bonds.
There were no other speakers on the matter.
The Mayor closed the public hearing at 11:22 p.m.
Motion.
75.I.
Adopt resolution.
RESOLUTION 96-084 - A resolution of the City Council of the City of Santa Ana
approving the issuance of multifamily housing revenue bonds by the Housing
Authority of the City of Santa Ana for the purpose of financing the acquisition and
rehabilitation of Villa Del Sol Apartments by Advanced Group 94-95, a California
Limited Partnership - Community Development Agency
MOTION: McGuigan SECOND: Lutz
VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
NOES: None
ABSENT: None FILE CA
JOINT PUBLIC HEARING COMMUNITY REDEVELOPMENT
AGENCY/CITY COUNCIL - PROPERTY TRANSFER - MERCY HOUSE
TRANSITIONAL LIVING CENTERS - 807-809 N. GARFIELD
Joint public hearing on the proposed conveyance of real property by the Community
Redevelopment Agency to Mercy House Transitional Living Centers for the development of an
AIDS community care residence
Legal Notice published in the Register of August 21 and 28, 1996
CITY COUNCIL MINUTES 284 SEPTEMBER 3,1996
PUBLIC HEARINGS
The Mayor opened the joint public hearing of the City Council and the Community
Redevelopment Agency regarding the conveyance of real property to Mercy House Transitional
Living Centers at 11:22 p.m.
Presentation of staff reports 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 following persons spoke in favor of the Mercy House project:
Daniel Mahabedian
Dianne Marsh
Father Baca, St. Joseph's Church
Mike Lennon
Larry Haynes
There were no other speakers on the matter.
The Mayor closed the joint public hearing at 11:34 p.m.
Motion (Concurrent action with the Community Redevelopment Agency):
Adopt resolution.
RESOLUTION 96-085 - A resolution of the City Council of the City of Santa Ana
making certain findings with respect to the conveyance of real property by the
Community Redevelopment Agency of the City of Santa Ana to Mercy House, and
approving the terms and conditions of said conveyance - Community Development
Agency FILE CA
2. Direct the City Attorney to prepare and the Mayor and Clerk of the Council
to execute agreement.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT
AGREEMENT FOR DEVELOPMENT OF AN AIDS COMMUNITY
RESIDENCE AT 807-809 N. GARFIELD - With Mercy House Transitional Living
Center in the maximum amount of $400,000.00 - Community Development Agency
AGMT 96-110
3. Approve.
Transfer of property identified as AP No. 398-043-06 (809 N. Garfield) to the
Community Redevelopment Agency - Public Works Agency DEED 7788
CITY COUNCIL MINUTES 285 SEPTEMBER 3,1996
PUBLIC HEARINGS
MOTION: Pulido
SECOND: Richardson
VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
NOES: None
ABSENT: None
COUNCIL ITEMS
FILE CA
85.A. CAMPAIGN CONTRIBUTIONS REGULATIONS (MILLS)
Motion: Direct the City Attorney to prepare an ordinance incorporating the provisions of
Government Code Section 84308 relating to prohibition of campaign contributions
from persons with financial interests in a decision prior to or for three months
following a legislative decision.
MOTION: Mills
SECOND: McGuigan
VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido,
Richardson
NOES: None
ABSENT: None
FILE CA
RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY IMMEDIATELY
FOLLOWED BY THE HOUSING AUTHORITY - 11:40 P.M.
RECONVENED - 11:41 P.M. - All Councilmembers present
COMMENTS
90.A. PUBLIC COMMENTS
Sean Mill opined the Council was wasting taxpayer funds on the Artists Village and requested
Council study sessions in the Santa Ana Library be discontinued. He commended the Council on
its proposed campaign reform ordinance and suggested several additional measures including
ward elections.
Sal Juarez commented on the short-term Santa Ana residency of Council candidate Jose Solorio
and several other election issues.
CITY COUNCIL MINUTES 286 SEPTEMBER 3, 1996
Miles Leach commented on several of the actions taken by Council during the meeting,
particularly the decision to encourage development of an AIDS community care residence.
Michelle Morrissey expressed her thanks to the City Council and several City staff members
including Cindy Nelson, Pat Whitaker and Bruce Dunams in particular for excellent assistance in
improving conditions in the 18th, 19th and Jefferson Street neighborhood.
Mel Vernon advised the listening audience that the Santiago Park neighborhood, the Santiago
Creek Greenway Alliance, and REI were sponsoring a creek bed restoration project on
September 28, 1996 between 8:00 a.m. and 1:00 p.m. and encouraged interested persons to
contact Sara Hess ofREI at 543-4142 to sign up.
Alberta Christy took exception with a campaign flyer crediting Councilmember Moreno with
elimination of"cruising" on Bristol Street and opined that the success of the anti -cruising program
had been accomplished through a community effort.
Mayoral candidate Leah DuPont expressed disappointment with several of the Council's actions
at the meeting that she felt did not support the business community and opined that the Council
needed to encourage businesses to come to Santa Ana.
90.B. CITY COUNCIL COMMENTS
Councilmember Espinoza reported a recent Los Angeles Times article had focussed on the City's
Student Assisted Mortgage Program, explained he had participated in the Program himself, read
the criteria for obtaining such a mortgage, and suggested the Program be extended to police
officers.
Councilmember Lutz requested staff ensure Santiago Park playground equipment used by visitors
to the nearby Kidseum was in good working condition, asked the Public Works Agency to assist
where possible with the Santiago Creek restoration effort, and congratulated Councilmember
Moreno and his wife on the birth of their second daughter.
Councilmember Mills explained Santa Ana was "business friendly"; cited numerous examples of
businesses moving into, relocating within and expanding operations in the City; and commented
on the demonstrated success of the City's Business Enterprise Zone.
Mayor Pro Tern Richardson:
- thanked the Police and Fire Departments for their assistance during his recent
health incident;
- asked for a status report on the Hearing Officer Code Enforcement Hearings;
- suggested staff investigate a low-cost fence program used in the City of
Paramount;
- reported a proliferation of banners in the Main/ 17th Street area; and
CITY COUNCIL MINUTES 287 SEPTEMBER 3,1996
- suggested staff prepare an ordinance precluding participation of
Community Development Agency staff, Community Redevelopment
Commissioners, and Councilmembers in City -sponsored incentive programs.
Councilmember McGuigan requested the Santa Ana Stadium sign advertise the Homework
Center Program whenever possible and that the Council meeting be adjourned in memory of
Geoff Nunn, husband of Community Development Agency W.O.R.K Center Executive Director
Patti Nunn, who had recently passed away.
Councilmember Moreno commented that Alberta Christy was supporting his opponent for
Council office, noted extensive politicking seemed to be directed toward him and Councilmember
Espinoza, and opined that as a general rule, Councilmembers were entitled to participate in
programs offered to the public.
Mayor Pro Tern Richardson left the meeting at 12:30 a.m.
RECESSED TO CLOSED SESSION - ROOM 147 - 12:30 A.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 September 3, 1996 Closed Session.
95.A. CONFERENCE WITH LEGAL COUNSEL (G.C. Sections 54956.95 and 54956.9)
Name of Case: Reyes v. City of Santa Ana
Orange County Superior Court Case No. 74-67-78
Name of Case: Gonzalez v. City of Santa Ana
Orange County Superior Court Case No. 75-47-00
Name of Case: Espinoza v. City of Santa Ana
Orange County Superior Court Case No. 678784
Name of Case: United States of America and State of California v. Montrose
Chemical Corporation of California, et al.
Case No. CV 90-3122-AAH(JRx)
Name of Case: Charmaine Lucas (Workers' Compensation)
File No. 94PDNO270
Name of Case: Thomas Sawyer (Workers' Compensation)
File Nos. 89140287, 87004796 and 92PDS0311
95.B. CONFERENCE WITH LABOR NEGOTIATOR (G.C. Section 54957.6)
Agency Negotiator: Kathie Romero
Employee Organization: Firemen's Benevolent Association
Employee Organization: Police Officers Association
CITY COUNCIL MINUTES 288 SEPTEMBER 3,1996
CLOSED SESSION REPORT - COUNCIL CHAMBERS - 1:17 A.M.
Motion: 1. Authorize settlement.
95.A. CONFERENCE WITH LEGAL COUNSEL (G.C. Sections 54956.95 and 54956.9)
Name of Case: Reyes v. City of Santa Ana
Orange County Superior Court Case No. 74-67-78, in the amount of $10,000.00.
2. Authorize execution of consent decree.
Name of Case: United States of America and State of California v. Montrose
Chemical Corporation of California, et al.
Case No. CV 90-3122-AAH (Jrx) (Orange County Sanitation Districts - A-91-129)
A-96-111
3. Authorize settlements as follows.
Name of Case: Charmaine Lucas (Workers' Compensation)
File No. 94PDN0270, in the amount of $58,499.50.
Name of Case: Thomas Sawyer (Workers' Compensation)
File Nos. 89140287, 87004796 and 92PDS0311, in the amount of $21,000.00.
MOTION: McGuigan SECOND: Mills
VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido
NOES: None
ABSENT: Richardson
ADJOURNMENT - 1:20 A.M. - In memory of Geoff Nunn
4Jace�C. Guy
Clerk of the Council
CITY COUNCIL MINUTES 289 SEPTEMBER 3, 1996