HomeMy WebLinkAbout08-15-1994 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
AUGUST 15, 1994
CALLED TO ORDER
CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:23 P.M.
ATTENDANCE
COUNCILMEMBERS
Present:
DAN YOUNG, Mayor
MIGUEL A. PULIDO, Mayor Pro Tern
TOM LUTZ
PATRICIA A. McGUIGAN
LISA MILLS
TED R MORENO
ROBERT L. RICHARDSON
Absent: NONE
STAFF
Present:
DAVID N. REAM, City Manager
EDWARD J. COOPER, City Attorney
JANICE C. GUY, Clerk of the Council
Absent: NONE
PLEDGE OF ALLEGIANCE Mayor YOUNG
EMPLOYEE AWARDS
MayorYOUNG
35 Years of Service
John Briones
Street Maintenance Supervisor
Public Works Agency
Art Del Gaudio
Fire Captain
Fire Department
CITY COUNCIL MINUTES
216
AUGUST 15, 1994
25 Years of Service
William Hill
Police Sergeant
Police Department
SPECIAL PRESENTATION
Check in the amount of $611,992.41 from the LaVerne
M. Wheeler Trust Fund presented by Paul Lingenfelter
and Mr. and Mrs. Julius Aarons to MAYOR DAN
YOUNG, Police Chief Paul Walters, and Police
Officers Geist, Fleet, and Smith of the Police Canine
Unit (See Agenda Item 20.B.)
PRESENTATIONS
Proclamation declaring August 1994 as "JTPA Alumni
Month" presented by MAYOR PRO TEM PULIDO to
Private Industry Council President David Edenhofer;
Recognition of JTPA alumni Roy Robbins, Gilbert
Cantu, and Anna Flores for participation in the City's
JTPA Program
Certificate of Recognition for outstanding contributions
to the Santa Ana Police Department presented by
COUNCILMEMBER RICHARDSON to ITT Real
Estate Services Representative David Tokus
CONSENT CALENDAR
The Mayor announced the removal of Item 31.A. for separate action.
Motion: Approve staff recommendations on the following Consent Calendar Items.
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Lutz
Lutz, Mills, McGuigan, Moreno, Pulido, Richardson,
Young
None
CITY COUNCIL MINUTES 217 AUGUST 15, 1994
CONSENT CALENDAR
ADMINISTRATIVE MATTERS
MINUTES
Motion:
10.A.
Approve Minutes.
REGULAR MEETING OF AUGUST 1, 1994
(Councilmember Richardson abstained.)
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.
(Placed on first reading on August 1, 1994 by a 6/0 vote with Richardson
absent)
Legal notice published in O.C. Reporter on August 5, 1994
Mot~n: Place ordinance on second reading and adopt.
ll.A.
ZOA 94-002 - AMEND USE STANDARDS IN C3 ZONE AND LIVE/WORK
DEVELOPMENT STANDARDS (ARTISTS' VILLAGE)
ORDINANCE NS-2230 - An ordinance of the City of Santa Ana adding
regulations for the C3-A (Central Business - Artists' Village) District to the
Zoning Chapter of the Municipal Code and rezone certain property in
Downtown Santa Ana to the C3-A District - Planning and Building Agency
FILE ZOA
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A. The August 1, 1994 City Council Agenda was posted on the door of the Council
Chambers, 22 Civic Center Plaza, at 4:00 p.m. on July 27, 1994.
CITY COUNCIL MINUTES 218 AUGUST 15, 1994
CONSENT CALENDAR
MISCELLANEOUS
19.A. PARKING PERMIT FEE REFUND
Motion: Approve.
Refund of the annual parking permit fee to households that were issued permits
in FY 93-94 - Public Works Agency FILE BK
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 95-010 - DONATIONS FROM SAFECO
INSURANCE AND KIWANIS CLUB FOR THE BICYCLE SAFETY
PROGRAM
Motion: Approve. (Requires five affirmative votes)
Receipt of donations in Fund 11 recognizing $10,000.00 from Safeco Insurance
and $500.00 from the Kiwanis Club and appropriating same to the Bicycle
Safety Program FILE APAD
20.B. APPROPRIATION ADJUSTMENT 95-019 - SANTA ANA POLICE K-9
PROGRAM
Motion: 1. Accept.
Donation of $611,992.41 from the estate of Mrs. LaVerne M. Wheeler
2. Approve. (Requires five affirmative votes)
Receipt of donation in Fund 26 recognizing $611,992.41 and appropriating same
to the Santa Aha Police K-9 Program - Finance and Management ServicesFILE
APAD
GRANTS/APPLICATIONS
21.A. EMERGENCY SHELTER GRANT FUNDS
Motion: 1. Approve.
Allocation of $179,000.00 in 1994 Emergency Shelter Grant Funds to
recommended service agencies
CITY COUNCIL MINUTES 219 AUGUST 15, 1994
CONSENT CALENDAR
Authorize the City Attorney to prepare and the City Manager and Clerk of
the Council to execute agreements.
With South Orange County YWCA in the amount of $79,000.00
AGMT 94-105
With Salvation Army in the amount of $10,000.00
AGMT 94-106
With Shelter for the Homeless in the amount of $10,000.00
AGMT 94-107
With Mercy House in the amount of $10,000.00 AGMT 94-108
With Dayle Mclntosh Center in the amount of $10,000.00 AGMT 94-109
With Orange Coast Interfaith Shelter in the amount of $10,000.00
AGMT 94-110
With Catholic Charities in the amount of $10,000.00 AGMT 94-111
With Mental Health Association in the amount of $10,000.00
AGMT 94-112
With Interval House in the amount of $10,000.00 AGMT 94-113
With Episcopal Service Alliance in the amount of $10,000.00
AGMT 94-114
With City of Santa Ana Recreation and Community Services Agency in the
amount of $10,000.00
3. Authorize.
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 220 AUGUST 15, 1994
CONSENT CALENDAR
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award ax recommended in Request for Council Action.
22.A.
SECURING VACANT BUILDINGS - To Interstate Field Services for a 12-
month contract renewal in the estimated amount of $23,200.00 - Finance and
Management Services SPEC 93-058
PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT,
CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES
Motion: Award as recommended in Request for Council Action.
23.A.
SANITARY SEWER IMPROVEMENTS ON CHESTNUT, BAKER, PINE
AND WALNUT - To Mladen Grbavac in the estimated amount of $312,178.00
with total estimated construction cost of $375,000.00 - Public Works Agency
PROJ 3081
23.B.
TREE PLANTING - FAIRVIEW, NEWHOPE, HAZARD AND 17TH
STREETS - To Emerald Landscape Services in the amount of $46,625.00 -
Public Works Agency PROJ 7083-6
MISCELLANEOUS - BUDGET
29.A.
DONATION OF NIGHT VISION DEVICES TO THE POLICE
DEPARTMENT BY ITT CORPORATION
Motion: Approve.
Donation of two Night Enforcer night vision devices with the estimated value of
$6,000.00 to the Police Department from the ITT Corporation - Police
Department FILE BK
LAND USE MATTERS
CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS
Motion: Removed for separate action.
31.A. VA 94-009 ~ 4002 W. 17th Street (See Minutes page 222.)
CITY COUNCIL MINUTES 221 AUGUST 15, 1994
CONSENT CALENDAR
FINAL PARCEL/TRACT MAPS
Motion: Approve final map; accept the dedication thereon.
33.A. PARCEL MAP 92-I92 - 2202-2222 S. Main Street - Subdivides 2.14 acres of
land into two parcels - Public Works Agency FILE PMAP
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR
CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS
Following a slide presentation of the proposed Adohr Farms expansion, Mayor Young
requested staff assist Adohr Farms, as a Santa Ana business, with its marketing efforts.
Motion: Receive and file staff report approving variance.
31.A.
VA 94-009 - 4002 W. 17th Street - Filed by Tom Lennon representing Adohr
Farms to vary from the minimum landscape standards for the expansion of a
commercial manufacturing use in the C2 Zone - Planning and Building Agency
Planning Commission Action: Approval FILE VA
MOTION: McGuigan
SECOND: Pulido
VOTE:
AYES:
NOES:
Lutz, Mills, McGuigan, Moreno, Pulido, Richardson,
Young
None
ABSENT: None
ORDINANCES/FIRST READING
50.A. REDEVELOPMENT PLAN FOR THE BRISTOL CORRIDOR
REDEVELOPMENT PROJECT
The Ordinance modifies the previously adopted Bristol Corridor Redevelopment Plan to
comply with a court decision regarding nonblighted properties and replacement housing
availability.
CITY COUNCIL MINUTES 222 AUGUST 15, 1994
BUSINESS CALENDAR
Motion:
Con[illlle.
ORDINANCE NS-2231 regarding the Redevelopment Plan for the Bristol
Corridor to September 6, 1994.
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: None:
SECOND: Pulido
Lutz, Mills, McGuigan, Moreno, Pulido, Richardson,
Young
None
FILE BK
RESOLUTIONS
HOME MORTGAGE FINANCE AND CREDIT CERTIFICATE PROGRAM
55.A.
The Resolution allows the Community Redevelopment Agency to operate a home mortgage
program, which assists low/moderate income first-time homebuyers to purchase a single
family home, outside the Agency's project areas.
Motion:
Adopt resolution.
RESOLUTION 94-055 - A resolution of the City Council of the City of Santa
Ana approving the operation of a Mortgage Credit Certificate Program by the
Community Redevelopment Agency of the City of Santa Ana outside the project
areas of the Agency - Community Development Agency
MOTION:
VOTE:
McGuigan SECOND: Richardson
AYES:
NOES:
Lutz, Mills, McGuigan, Moreno, Pulido, Richardson,
Young
None
ABSENT: None FILE BK
CITY COUNCIL M1NUTES 223 AUGUST 15, 1994
PUBLIC HEARINGS
75.A.
DANGEROUS AND ABANDONED BUILDINGS ABATEMENT REPORT
Hearing for the purpose of confirming FY 93-94 Dangerous and Abandoned Building
Program Report and authorizing the transmittal of uncollected dangerous and abandoned
building charges to the County of Orange Office of Auditor-Controller
Legal Notice published in the Register and mailed on August 5, 1994
The Mayor opened the public hearing regarding the Dangerous and Abandoned Buildings
Abatement Report at 6:59 p.m.
Presentation of staff report and staff comments by Planning and Building Agency Executive
Director Robyn Uptegraff
Presentation of written comments by Clerk of the Council Janice C. Guy: None
There were no speakers on the matter.
The Mayor closed the public hearing at 7:00 p.m.
Motion: Amend resolution by deh, ting assessment.for AP 198-252-07 and adopt.
RESOLUTION 94-056 - A resolution of the City Council of the City of Santa
Aha overruling objections to and confirming the report of the Executive
Director of Planning and Building Safety pertaining to the costs of securing and
demolition of various structures declared to be public nuisances; making,
confirming and levying assessments for such costs; and ordering a copy thereof
to be recorded by the Orange County Recorder - Planning and Building Agency
MOTION: McGuigan
SECOND: Richardson
VOTE:
AYES:
NOES:
Lutz, Mills, McGuigan, Moreno, Pulido, Richardson,
Young
None
ABSENT: None
FILE: ABATE
Councilmember Richardson requested staff provide the Council with the list of paid
dangerous and abandoned building abatement charges.
CITY COUNCIL M1NUTES 224 AUGUST 15, 1994
PUBLIC HEARINGS
75.B. APPEAL APPLICATION 94-003 - VA 94-001 - CUP 94-002
APPEAL APPLICATION 94-003 initiated by Greg Bennett on behalf of Grand Avenue Car
Wash to appeal conditions of approval for VA 94-001 and CUP 94-002 for an existing car
wash located at 930 North Grand Avenue
Legal Notice mailed on August I0, 1994
VA 94-001 and CUP 94-002 as conditioned by staff recommended for approval by the
Planning Commission on July 25, 1994 by a 5/0 vote with Doughty and Stiens absent
Motion: Continue.
Appeal Application 94-003 to September 6, 1994.
MOTION: Richardson
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Mills
Lutz, Mills, McGuigan, Moreno, Pulido, Richardson,
Young
None
FILE APAP
RECESSED TO HOUSING AUTHORITY followed by COMMUNITY
REDEVELOPMENT AGENCY - 7:01 P.M.
RECONVENED - 7:03 P.M. - All Councilmembers present
COMMENTS
90.A.
PUBLIC COMMENTS
Robert Coulter and Meri-Ann Finch expressed concerns regarding the impacts of the French
Park Parking District on older condominium and co-op units which were "under-parked"
when constructed. Mayor Young indicated the Parking District had not yet been approved
and that City staff would investigate their concerns.
90.B.
CITY COUNCIL COMMENTS
Councilmember McGuigan expressed "Get Well" wishes from the Council to Chuck Janiels,
the City's Building Maintenance Superintendent, who had suffered a heart attack over the
previous weekend.
CITY COUNCIL MINUTES 225 AUGUST 15, 1994
Councilmember Lutz reported receipt of a "thank you" letter from Henrietta Izumi, a
disabled senior, whose property had been cleaned up by a number of City staffers under a
Keep America Beautiful project coordinated by Claudia Riewaldt.
Councilmember Richardson requested staff to expedite the refunding of 1993-94 Permit
Parking Fees (see Item 19.A. on Minutes page 219) to entitled residents. He also announced
the Kiwanis Club and the Downtown Santa Ana Business Association were sponsoring the
25th Annual Kiwanis Pancake Breakfast on August 28, 1994 in the Downtown and
encouraged all to attend.
Councilmember Moreno reported that Wright Street residents were pleased with Police
Department efforts to reduce prostitution in the area, and that he had participated in a Code
Enforcement "ride-along" that resulted in 14 citations of illegal garage sales and an
unpermitted replacement roof.
Councilmember Mills noted for the record that the Planning Commission decision regarding
the Northgate Market, 1623 W. Seventeenth St., should stand. (See Minutes page 214).
Mayor Pro Tem Pulido requested the City take steps to mitigate unsightly conditions at the
southwest corner of First and Main Streets.
Mayor Young requested staff to analyze Los Angeles Mayor Frank Riordan's challenge to
the California Air Quality Management Plan; coordinate with the Orange County
Transportation Authority in the conduct of this analysis; and recommend an official City
position on the Plan if warranted.
CLOSED SESSION - ROOM 147 - 7:26 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. Following are the items for the August 15, 1994 Closed Session received
up until Agenda publication.
95.A
95.B.
CONFERENCE WITH LABOR NEGOTIATOR (G.C. Section 54957.6)
Agency Negotiator:
Employee Organization:
Employee Organization:
Employee Organization:
Employee Organization:
CONFERENCE WITH LEGAL
Section 54956.9)
Swadesh Chopra SACEA/SEIU
Unrepresented Confidential Unit
(Resolution 94-058)
Police Management Association
Unrepresented Middle and Executive
Management
(Resolution 94-057)
COUNSEL - EXISTING LITIGATION (G.C.
CITY COUNCIL MINUTES 226 AUGUST 15, 1994
95.B.1. Name of Case: Brown v. City of Santa Ana, U.S. District Court Case No.
SACV93-477-LHM )EEx)
95.B.2.
95.B.3.
95.B.4.
95.C.
95.C. 1.
95.C.2.
Name of Case: Gonzales et al v. All Persons etc., Orange County Superior
Court Case No. 6149118
Name of Case: Carl Atherton v. City of Santa Ana (Workers' Compensation)
Case Nos. 92FDS0245, 93FDS0068
Name of Case: Myers v. City of Santa Aha (Workers' Compensation), File
No. 91140381
LIABILITY CLAIMS (G.C. Section 54956.95)
Bonifacio Duarte
Claim No. 94-104
Agency Claimed Against:
City of Santa Ana
Luis Hernandez
Claim No. 94-105
Agency Claimed Against:
City of Santa Ana
RECONVENED - COUNCIL CHAMBERS - 7:47 P.M. - All Councilmembers present
95.
Motion:
95.A.
95.A.
95.B.2.
CLOSED SESSION REPORT
1. Adopt resolutions.
RESOLUTION 94-057 - A resolution of the City Council of the City of Santa
Ana to amend Resolution No. 91-066 to effect certain changes in medical
insurance premium payments for Executive and Middle Management Employees
- Personnel Services
RESOLUTION 94-058 - A resolution of the City Council of the City of Santa
Ana to amend Resolution No. 82-110 to effect certain changes in medical
insurance premium payments for Unaffiliated Confidential Employees -
Personnel Services
2. Authorize settlements.
Gonzales et al v. All Persons etc., Orange County Superior Court Case No.
6149118, amend agreement with Pacific Relocation Consultants to increase
contract amount by $10,000.00 for services related to ordinance validation
CITY COUNCIL MINUTES
227 AUGUST 15, 1994
95.B.3.
95.B.4.
95.C. 1.
95.C.2.
Carl Atherton v. City of Santa Ana (Workers' Compensation), Case Nos.
92FDS0245, 93FDS0068, compromise and release in the amount of $20,000.00
Myers v. City of Santa Aha (Workers' Compensation), File No. 91140381,
compromise and release in the amount of $35,000.00
Claim No. 94-104, Bonifacio Duarte, in the amount of $6,600.00
Claim No. 94-105, Luis Hernandez, in the amount of $6,000.00
MOTION: Pulido
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Mills
Lutz, Mills, McGuigan, Moreno, Pulido, Richardson,
Young
None
ADJOLrRNMENT - 7:48 P.M.
Clerk of the Council
CITY COUNCIL MLNUTES 228 AUGUST 15, 1994