The URL can be used to link to this page

Home My WebLink About08-07-1995MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 7, 1995 CALLED TO ORDER 6:19 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: Debra Kurita, Assistant Ci(y Massager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO ~VOCATION Howard L. Darter, Jr. Post Commander American Legion Santa Ana Post 131 PRESENTATIONS Proclamation commending Americorps Community Builders and Civic Center Barrio Housing for Fourth Annual "Kids and Kops" Day presented by MAYOR PULIDO to Civic Center Barrio Housing Corporation President Helen Brown and Americorps Community Builders representatives: Calvin Phimisipasom Cheryl Hopkin CITY COUNCIL MINUTES 208 AUGUST 7, 1995 Khanh Tong Mall Vang Maria Aguero Monica Arreola Shin Koo Viettien Nguyen Lydia Casamina Sgt. Bob Clark accepted Certificates of Recognition on behalf of the Santa Ana Police Officers who had parti- cipated in the "Kids and Kops' event. Mayor's Exceptional Citizen Award presented by MAYOR PULIDO to Helen Brown Certificates recognizing the following Santa Ana companies for their participation in the UCI Senior Design Engineering Project presented by MAYOR PULIDO to: Paul Magnussen Derlan, Inc. Bill Dalo IMS (Integrated Manufacturing Services) Certificate for outstanding heroism presented by MAYOR PRO TEM RICHARDSON to Eric Valencia who saved his younger cousin Rolando Lopez from drowning CONSENT CALENDAR The Mayor announced the removal of Item 11.A. for separate action. The Clerk of the Council indicated for the record that the Item 22.E bid award had been revised. Motion: ,4pprove staff recommendations on the following Consent Calendar Items. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None CITY COUNCIL MINUTES 209 AUGUST 7, 1995 CONSENT CALENDAR MINUTES Motion: 10.A. 10.B. 10.C. ADMINISTRATIVE MATTERS Approve Minutes. ADJOURNED REGULAR MEETING OF JULY 13, 1995 REGULAR MEETING OF JULY 17, 1995 CORRECTION TO MINUTES OF JUNE 19, 1995, page 171 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS 11.A. PART-TIME EMPLOYEES - CIVIL SERVICE REVISIONS - Removed for separate action. (See Minutes page 213.) BOARDS/COMMISSIONS/COMMITTEES 13.A. Motion: NOMINATIONS Set for consideration at next regular meeting: Lisa M. Myers, 1029 S. Minnie St., #4, recommended by COUNCILMEMBER LUTZ as the Ward 5 representative to the Library Board for a partial term expiring November 30, 1996 (Replacing Whitaker) FILE BC Mario Cervantes, 433 S. Sycamore, recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Board of Recreation & Parks for a partial term expiring November 30, 1996 (Replacing Saralegui) FILE BC Robert R. Reed, 2424 N. Park Blvd., recommended by COUNCILMEMBER LUTZ as the Ward 5 representative to the Cable Television Advisory Board for a partial term expiring November 30, 1996 (Replacing Rabine) FILE BC CLERK OF Motion: 15.A. CITY COUNCIL MINUTES THE COUNCIL POSTING REPORT Instruct Clerk to enter notice of posting into the Minutes. The July 17, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:00 p.m. on July 13, 1995. 210 AUGUST 7, 1995 CONSENT CALENDAR 15.B. 15.C. 20.A. Motion: 20.B. Mary Ann Salamida's resignation by letter dated July 13, 1995 as a member of the Private Industry Council effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza at 2:00 p.m. on July 18, 1995. Yolanda L. Garcia's resignation by default as Ward 3 representative to the Library Board was posted on the door of the Council Chambers, 22 Civic Center Plaza at 2:00 p.m. on July 18, 1995. BUDGETARY MATTERS APPROPRIATION ADJUSTMENT 96-021 - DYER ROAD WIDENING Approve. (Requires five affirmative votes) Receipt of unanticipated New Transportation System Improvement Area E fees in Fund 34 recognizing $204,000.00 and appropriating same to the Dyer Road widening project (PROJ 2578) - Finance and Management Services FILE APAD APPROPRIATION ADJUSTMENT 96-015 - PROJECT PRIDE KAYAK PROGRAM ]. Adopt resolution. RESOLUTION 95-038 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Recreation and Community Services Agency to apply to the Office of Criminal Justice Planning for a grant for the Project PRIDE Academic and Athletic Achievement Program - Recreation and Community Services FILE CA 2. Approve. (Requires five affirmative votes) Receipt of Juvenile Justice and Delinquency Prevention Program funds recognizing $27,000.00 and appropriating same to the PROJECT PRIDE KAYAK Program - Finance and Management Services FILE APAD SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award as recommended m Requests for Council Action. 22.A. POLICE PHOTO IMAGING SYSTEM MAINTENANCE - To XIMAGE Corporation for a two-year renewal period in the amounts of $21,054.00 for the first year and $21,439 for the second year - Finance and Management Services SPEC 92-046 CITY COUNCIL MINUTES 211 AUGUST 7, 1995 CONSENT CALENDAR 22.B. SECUR1NG VACANT BUILDINGS - To Interstate Field Services for a 12-month renewal period in the estimated amount of $23,200.00 - Finance and Management Services SPEC 93-058 22.C. GUARD SERVICE - NEW CORPORATE YARD - To Wells Fargo Guard Services for a 12-month renewal period in the estimated annual amount of $54,060.00 - Finance and Management Services SPEC 94-028 22.D. ELECTRONIC SECURITY SYSTEM MAINTENANCE AND REPAIR SERVICES - To Angeles Controls, Inc. for a 12-month period with provision for two 12-month renewals in the annual amount of $10,200.00 - Finance and Management Services SPEC 95-022 22.E. TACTICAL VESTS & WEAPONS TRADE-IN - To San Diego Police Equipment for 31 vests in the net amount of $37,920.19 with a trade-in credit of $38,340.00 for 271 weapons, leaving a standing credit of $419.81 for future equipment purchases - Finance and Management Services SPEC 95-023 22.F. REROOF - NEWHOPE LIBRARY - Bryant Organization, Inc. in the amount of $34,850.00 - Finance and Management Services SPEC 95-029 22.G GASOLINE FUEL - To General Petroleum under the County of Orange Cooperative Agreement F553 in the estimated annual amount of $255,000.00 - Finance and Management Services SPEC 95-039 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award as recommended in Requests for Council Action. 23.A. MADISON PARK RENOVATION - To Goodman & Peloquin, Inc. in the estimated amount of $785,000.00 with total estimated construction cost of $980,920.00 - Public Works Agency PROJ 6272/6305 6310/7587 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A COMPUTER SYSTEMS SERVICES - With James D. Lentz in an amount not to exceed $60,000.00 - Community Development Agency AGMT 95-051 CITY COUNCIL MINUTES 212 AUGUST 7, 1995 CONSENTCALENDAR 25.B 25.C. 25.D. 25.E. HOUSiNG OPPORTUNITiES FOR PERSONS WITH AIDS (HOPWA) GRANT - REHABILITATION OF BUILDING 1N LAGUNA BEACH - With Affordable Housing in the maximum amount of $715,000.00 - Community Development Agency AGMT 95-052 FAIRVIEW STREET WIDENiNG - SANTA ANA RIVER TO SR-22 - ENVIRONMENTAL DOCUh/[ENTS - With The Planning Center in an amount not to exceed $223,762.00 - Public Works Agency AGMT 95-053 REIMBURSEMENT FOR SEWER MA1N - NEW FEDERAL COURTHOUSE - With United States General Services Administration in the amount of $54,267.39 - Public Works Agency AGMT 95-054 USED OIL COLLECTION CENTER PROGRAM - With Oricom in an amount not to exceed $98,272.50 - Public Works Agency AGMT 95-055 USED OIL CURBSIDE COLLECTION PROGRAM - With Oricom in an amount not to exceed $204,225.00 - Public Works Agency AGMT 95-056 LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY Motion: Approve deed and authorize execution by Mayor and Clerk of tbe Council of all llecessary docltmellIs. 30.A. GUTIERREZ, FRANK AND GLORIA - 1302 W. Elder - For Bristol Street widening in the amount of $340,000.00 - Community Development Agency DEED 7775 * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 213 AUGUST 7, 1995 BUSINESS CALENDAR ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS 11 .A. PART-TIME EMPLOYEES - CIVIL SERVICE REVISIONS Published in the O. C. Reporter on July , 1995 Continue Ordinance NS-2258 to September 5, 1995 Council meeting. Motion: MOTION: Moreno VOTE: AYES: NOES: ABSENT: None SECOND: Espinoza Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CA 13.B. Motion: BOARDS/COMMISSIONS/COMMITTEE S PRIVATE INDUSTRY COUNCIL APPOINTMENT 1. Remove from membership. Jose Martinez as a Private Sector representative for nonattendance 2. Appoint. Raul Mendrano, Minority Enterprise Growth Assistance Center Manager, as a Private Sector representative to the Santa Ana Private Industry Council for a partial term expiring February 1, 1997. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE BC CITY COUNCIL MINUTES 214 AUGUST 7, 1995 BUSINESSCALENDAR RESOLUTIONS 55.A. PROJECT AREA COMMITTEES - ELECTION PROCEDURES & FORMATION Motion: Adopt resohttions. RESOLUTION 95-039 - A resolution of the City Council of the City of Santa Aha to adopting procedures for Santa Ana Project Area Committee Elections - Community Development Agency RESOLUTION 95-040 - A resolution of the City Council of the City of Santa Aha calling for the formation of a project area committee for the Central City Redevelopment Project - Community Development Agency RESOLUTION 95-041 - A resolution of the City Council of the City of Santa Ana calling for the formation of a project area committee for the Inter City Commuter Station Redevelopment Project - Community Development Agency MOTION: McGuigan SECOND: Mills VOTE: AYE S: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE CA PUBLIC HEARINGS 75.A. GPA 95-002 - AMENDMENT APPLICATION 95-001 - VA 95-002 - ABANDONMENT 95-A5 - NORTHGATE MARKET - 409 E. FOURTH FILED BY TIMOTHY MILLER 6:58 P.M. - Councilmember Espinoza absented himself from the meeting due to a conflict of interest regarding Agenda item 75.A. GENERAL PLAN AMENDMENT 95-002 to change the land use designation from Medium Density Residential (MR) to General Business District (GOD) AMENDMENT APPLICATION 95-00 l to change parcels from General Commercial (C2) to Two Family Residential (R2) and allow parking modification (-B) VARIANCE 95-002 to provide relief from parking and landscape setback standards CITY COUNCIL MINUTES 215 AUGUST 7, 1995 PUBLIC HEARINGS ABANDONMENT 95-A5 to vacate a portion of Mortimer Street to allow construction of a 32,500-square foot market (Northgate Market) in the General Commercial (C2) zoning district. Legal Notice for GPA 95-002, Amendment Application 95-001 and VA 94-002 published in the Reeister and mailed on July 7, 1995 Legal Notice for Abandonment 95-A5 published in the O.C. Reporter on June 19 & 26, 1995 The Mayor opened the public hearing regarding the Northgate Market Project at 6:48 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: Four letters and a petition Letter from Timothy D. Miller dated July 17, 1995 Letter from Catherine Cate dated August 1, 1995 Letter from Irving Chase dated August 3, 1995 Letter from Raymond Rangel dated August 4, 1995 Petition with 3,960 signatures in support of Northgate project The following person spoke in favor of the Northgate Market Project: Tim Miller Manuel Pe~a Mike Adams Sam Romero Robert Leavitt Raul Silva Joe Elias Michael Macres Ed McKee Sal Juarez Amin David The following persons spoke in opposition to the Project: James Kendrick Debbie McEwen Diann Marsh Steven Cate Jose Sepeda Rich Adler spoke regarding problems related to shopping carts. CITY COUNCIL MINUTES 216 AUGUST 7, 1995 PUBLIC HEARINGS The Mayor closed the public hearing at 7:46 p.m. Motion: 1. Adopt resohttion. RESOLUTION 95-034 - A resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan to redesignate an area located on the north side of Fourth Street between French and Lacy Streets from Medium Density Residential to General Business District (GPA 95-02) - Planning and Building Agency FILE CA 2. ?lace ordinance on first reading and authorize publication of title. ORDiNANCE NS-2259 - An ordinance of the City of Santa Ana rezoning certain property on Fifth Street between Mortimer and Lacy Streets from the C2 (General Commercial) District to the R2 (Two-Family Residence) and R2-B (Parking Modification) Districts (AA No. 95-1) - Planning and Building Agency FILE AMAP Direct the City Attorney to prepare a resohaion approving VA 95-002 as conditioned by staff and adding the conditions listed below; and adopt findings as submitted by staff a. The market operator is responsible for purchasing 50 parking passes per month from the City at the prevailing rate (currently $40 per month per pass) to be used for employee parking. b. The market operator is required to develop and implement a coin-operated system for return of shopping carts or any effective system that will contain shopping carts on the Market site. 4. Au&orize. Formation of a committee composed of staff, market owners, and representatives from French Park, French Court, and Logan-Lacy neighborhoods and Downtown Santa Ana Business Association to monitor shopping carts and eliminate stray carts throughout the neighborhood and downtown areas The Public Works Agency to begin design of implementation measures to mitigate construction traffic problems immediately, and to use applicable Transportation System Improvement Area fees for traffic improvements in the neighborhood FILE VA CITY COUNCIL MINUTES 217 AUGUST 7, 1995 PUBLIC HEARlNGS 5. Adopt resolution. RESOLUTION 95-035 - A resolution of the City Council of the City of Santa Ana vacating Mortimer Street between Fourth and Fifth Streets - Planning and Building Agency FILE CA MOTION: Richardson SECOND: Moreno The City Attorney explained that Transportation System Improvement Area fees could not be used for the purpose requested in part 4.b. ofthe motion. Councilmember Richardson amended the motion to exclude this condition. VOTE: AYES: NOES: ABSENT: None ABSTAINED: The MOTION failed. McGuigan, Moreno, Richardson Lutz, Mills, Pulido Espinoza Motion: Continue matter to Augusl 21, 1995 Council meeting. MOTION: Moreno SECOND: Richardson VOTE: AYES: McGuigan, Moreno, Richardson NOES: Lutz, Mills, Pulido ABSENT: ABSTAINED: The MOTION failed. None Espinoza RECESSED - 8:27 P.M. RECONVENED - 9:02 P.M. - All Councihnembers present except Councilmember Espinoza CITY COUNCIL MINUTES 218 AUGUST 7, 1995 PUBLIC HEARINGS 75.B. GPA 95-003 - VA 95-003 - MING'S AUTO REPAIR - 602 E. FOURTH FILED BY TIMOTHY MILLER GENERAL PLAN AMENDMENT 95-003 to change the land use designation from Medium Density Residential (MR) to General Business District (GOD) VA 95-003 to provide relief from minimum lot size and street frontage standards to allow 3,000 square foot auto repair use in the General Commercial (C2) zoning district Legal Notice for GPA 95-003 and VA 9%003 published in the Register and mailed on July 7, 1995 AND 75.C. JOINT PUBLIC HEARING CRA/COUNCIL - DISPOSITION & DEVELOPMENT AGREEMENT - 526 E. FOURTH Regarding the sale of certain real property owned by the Community Redevelopment Agency to Miguel Gonzalez Reynoso who will develop two parcels as a relocation site for Ming's Auto Corporation Legal Notice published in the Register on June 20 and 27, 1995 Mike Adams, representing the Northgate Project owners, withdrew without prejudice the applications for Agenda items 75.B. and 75.C. (CONCURRENT ACTION WITH COMMUNITY REDEVELOPMENT AGENCY) The City Attorney indicated no action was required by the Council on the withdrawal. 9:04 P.M. - Councilmember Espinoza rejoined the meeting. 75.D. GPA 95-004 - AA 95-002 - DEVELOPMENT AGMT 95-001 - MATER DE1 HIGH SCHOOL F1LED BY THE DIOCESE OF ORANGE GENERAL PLAN AMENDMENT 95-004 to change the land use designation from Low Density Residential/7 dwelling units per acre to Institutional AMENDMENT APPLICATION 95-002 to change the zoning from Multi Family, Professional, Community Commercial and Arterial Commercial to Open Space DEVELOPMENT AGREEMENT 95-001 with the Diocese of Orange approving a conceptual master plan for the Mater Dei Campus. Recommended for approval by the Planning Commission on July 10, 1995 by a 7/0 vote CITY COUNCIL MINUTES 219 AUGUST 7, 1995 PUBLIC HEARINGS Legal Notice published in the Register and mailed on July 28, 1995 The Mayor opened the public hearing regarding the Mater Dei Project at 9:04 p.m. Presentation of staff report and staff comments by Planning and Building Agency Senior Planner JeffRice Presentation of written communications by Clerk of the Council Janice C. Guy: None Dan Holden spoke in favor of the project. There were no other speakers on the matter. The Mayor closed the public hearing at 9:13 p.m. Motion: 1. Adopt resolutions. RESOLUTION 95-042 - A resolution of the City Council of the City of Santa Ana approving a Mitigated Negative Declaration for the Mater Dei High School project and adopting a Mitigation Monitoring Program - Planning and Building Agency RESOLUTION 95-043 - A resolution of the City Council of the City of Santa Ana amending the General Plan to redesignate certain property located on the southeast corner of Edinger Avenue and Baker Street from the low density residential category to the institutional category (GPA 95-4) - Planning and Building Agency 2. Place ordinance on first reading and authorize publication of title: ORDiNANCE NS-2260 - An ordinance of the City of Santa Ana rezoning certain property located at the southeast corner of Bristol Street and Edinger Avenue from the C 1 (Community Commercial), C5 (Arterial Commercial), R2-B (Two-Family Residence Parking Modification), and P (Professional) Districts to the O (Open Space) District, and approving a development agreement between the City of Santa Ana and the Diocese of Orange Education and Welfare Corporation, pertaining to said property - Planning and Building Agency AGMT 95-057 MOTION: McGuigan SECOND: Richardson VOTE: AYE S: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FiLE AMAP CITY COUNCIL MINUTES 220 AUGUST 7, 1995 PUBLIC HEARINGS 75.E APPEAL APPLICATION 95-001 - CUP 95-012 - 2911 S. CRODDY WAY FILED BY AEROGLOBE TOURS AND TRAVEL, 1NC. APPEAL APPLICATION 95-001 to approve CUP 95-012 to allow the operation of a commercial business within the Light Manufacturing (M1) zone Recommended for denial by the Planning Commission on July 10, 1995 by a 6/0 vote with Doughty absent Legal Notice mailed on July 24, 1995 Co~ti~me the matter to September 5, 1995 at request of applicant with concurrence ofstaff. MOTION: McGuigan SECOND: Moreno VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE CUP 75.F. WEED ABATEMENT REPORT FY 94-95 Hearing for the purpose of confirming FY 94-95 Weed Abatement assessments and authorizing the transmittal of uncollected weed abatement charges to the County of Orange Legal Notice mailed and posted on the door of the Council Chambers on July 28, 1995 The Mayor opened the public hearing regarding Weed Abatement report for Fiscal Year 94-95 at 9:18 p.m. Presentation of staff report and staff comments by Public Works Agency Executive Director Jim Ross 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 9:19 p.m. CITY COUNCIL MINUTES 221 AUGUST 7, 1995 PUBLIC HEAR1NGS Adopt resolution. RESOLUTION 95-044 - A resolution of the City Council of the City of Santa Ana overruling objections to and confirming the report of the Executive Director of Public Works Agency pertaining to the costs of weed, rubbish and garbage abatement: making, confirming and levying assessments for such costs; and ordering a copy thereof to be filed with the County Auditor, Assessor and Tax Collector - Public Works Agency MOTION: Richardson SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE CA 75.G. ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS FY 94-95 Hearing for the purpose of confirming FY 94-95 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 July 28, 1995 The Mayor opened the public hearing regarding the Abatement of Dangerous and Abandoned Buildings Fiscal Year 94-95 at 9:20 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: One Ronald D. Davis dated August 7, 1995 re 2828 N. Bristol Planning and Building Agency Executive Director Robyn Uptegraff indicated that a revised schedule which included a reduction in the assessment for the 2828 N. Bristol property had been provided to the Council. There were no speakers on the matter. The Mayor closed the public hearing at 9:21 p.m. CITY COUNCIL MINUTES 222 AUGUST 7, 1995 PUBLIC HEARINGS Motion: Adopt resolution. RESOLUTION 95-045 - A resolution of the City Council of the City of Santa Ana 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: Mills SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE CA 75.H. AMENDMENT APPLICATION 95-003 - SD NO. 12 - CUP 95-010 - CLIP 95-014 - 1351 E. DYERROAD AMENDMENT APPLICATION 95-003 to change the zoning designation from Light Industrial(M 1) to Specific Development No. 12 CONDITIONAL USE PERMIT 95-10 to convert auto repair bays into a mini market, add gas pumps and a canopy to an existing gas station CONDITIONAL USE PERMIT 95-014 to allow the sale of beer and wine for off-premise consumption Legal Notice published in the Register and mailed on July 28, 1995 The Mayor opened the public hearing regarding Amendment Application 95-003, Specific Development 12, Conditional Use Permits 95-010 and 95-014 at 9:23 p.m. Presentation of staff report 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 James Kendrick expressed concern regarding pole sign heights and requested the Council not allow additional signs along the freeways in Santa Ana. There were no other speakers on the matter. CITY COUNCIL MINUTES 223 AUGUST 7, 1995 PUBLIC HEARINGS The Mayor closed the public hearing at 9:27 p.m. Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2261 - An ordinance of the City of Santa Ana rezoning certain property located at 1351 East Dyer Road from the M1 (Light Industrial) District to the SD (Specific Development) District and amending Specific Development Plan No. 12 (AA No. 95-03) - Planning and Building Agency Direct the City Attort~ey to prepare a resolution approving CUP 95-010 as co~dttiot~ed by staff a~d adopt fiudmgs as m~bmitted by staff Direct the City Attorney to prepare a resoh~tion approving CUP 95-014 as conditioned by staff and adopt findings as submitted by staff MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Lutz, McGuigan, Mills, Pulido, Richardson Espinoza, Moreno FILE AMAP Councilmember Mills requested the Minutes reflect that while she had voted in favor of the project, she opposed the pole sign on the premises that exceeds the City's allowable height limit. COUNCIL AGENDA ITEMS 85.A. LEFT TURN INGRESS - FAIRVIEW BETWEEN MACARTHUR AND ALTON JeffWood from Donahue Schriber and Les Card from LSA requested the Council approve a break in the median to permit a left-turn access for southbound traffic on Fairview Street to the South Coast Center. Police Chief Walters and Public Works Agency Executive Director Ross recommended denial of the request for safety reasons. City Attorney Cooper explained that if the Council were to approve the request, the City would incur a significant liability exposure by creating a dangerous condition on public property. Motion: Approve. Left turn ingress on Fairview for South Coast Center commercial site MOTION: Mills SECOND: Richardson CITY COUNCIL MINUTES 224 AUGUST 7, 1995 PUBLIC HEARINGS VOTE: AYES: NOES: ABSENT: None ABSTAINED: Lutz, Mills, Pulido, Richardson Espinoza, McGuigan Moreno Mayor Pulido requested the relocation of trees resulting from the reconstruction of the median be referred to the Environmental and Transportation Advisory Committee for review and recommendation. RECESSED TO HOUSING AUTHORITY - 9:56 P.M. RECONVENED - 9:56 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS Sal Juarez objected to Connie Sasso's art piece displayed in the Santora Building as sacrilegious and an affront to Christianity. Robert Henson and Kenneth Fisher supported Juarez' position. Ron Cooke requested Council instruct staffto investigate his suggested alternatives to the parking meters and parking restrictions in the Willard neighborhood. Richard File criticized the Council for not approving the Northgate Market project and requested the Council reconsider the matter at its next meeting. Stan Long, Santiago Park Neighborhood Association President, cited problems resulting from the installation of speed humps on Santiago Street and requested the City defer the ballot regarding retention/removal of the speed humps until after the Association's August 24th meeting. Anne Long stated Councilmembers jeopardized their credibility by changing neighborhood traffic mitigation procedures in mid-stream, and requested her neighborhood be involved in the City's review process. Councilmember Mills requested the Council hold a joint workstudy session with the Environmental and Transportation Advisory Committee to review current neighborhood traffic mitigation procedures. James Kendrick and Randy Au expressed support for freedom of artistic expression. CITY COUNCIL MINUTES 225 AUGUST 7, 1995 Florence Leach commented about street closures, the Mater Dei project, the Sasso art display, and redevelopment impacts. Miles Leach commented regarding graffiti as an art form and the effectiveness of traffic fines over speed humps as a deterrent to speeding. Virginia Vandermill complained the increase in her water bill was excessive and requested Council to reconsider the City's sanitation ordinance. The Mayor requested Assistant City Manager Debra Kurita meet with Vandermill concerning her bill. 90.B. CITY COUNCIL COMMENTS Councilmember Espinoza indicated he had voluntarily abstained from participating in the Northgate Market project deliberations and expressed disappointment Councilmember Mills had chosen to comment on his receipt of a political contribution from the project proponents. Councilmember Lutz expressed pleasure that Santa Ana's art activities had been reported in a recent Santa Ana Register article. Councilmember Mills: - requested staffinvestigate the feasibility of an anti-scavenger law; - noted Santa Ana's spray paint lock-up ordinance was not effectively enforced; - suggested Police Chief Walters and City Attorney Cooper look into Chicago's ban on the sale of spray paint; and - indicated staff should apply all usual standards regarding installation of the left- turn ingress approved for Fairview. (Agenda item 85.A. page 223) Mayor Pro Tern Richardson commended the positive actions by Santa Ana's educational institutions, citing: - the Mater Dei and Santa Ana high school projects; - relocation of the Santa Ana Unified School Districts headquarters; - planned construction ora new elementary school on French Street; and - in-process construction of Martin Luther King Elementary School. Councilmember McGuigan: - reported stop sign violations on Lowell at Columbine were not adequately enforced; - inquired as to when the resurfacing of Mountainview between 1st and 5th Streets would occur; and - asked staff to investigate Great Western's trash collection starting hour. Councilmember Moreno suggested the Council refrain from discussing political contributions at the dais and reiterated his displeasure with the Sasso art exhibit. CITY COUNCIL MINUTES 226 AUGUST 7, 1995 Mayor Pulido reported significant community support for the Police substation recently opened in the Minnie-Standard Street area, and that the Housing and Urban Development (HUD) loan for the Police Administration project had been approved. Pulido asked staffto send a letter of appreciation to HUD Secretary Henry Cisneros for his assistance and support of Santa Ana. RECESSED TO CLOSED SESSION - ROOM 147 - 11:34 P.M. The Brown Act permits the City Council to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the City Council meeting. The following items were received for the August 7, 1995 Closed Session. 95.A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC. Section 54957) Title: City Attorney 95.B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: Robert Helton v. City of Santa Ana (Workers' Compensation) File 94PDS0061 Name of Case: Daniel Moreno v. City of Santa Ana (Workers' Compensation) Case Nos. 91140212, 90140236, 91140111 Name o£Case: McMahon v. City of Santa Ana (Workers' Compensation) Case Nos. 93PDS0089, 93PDS0377 95.C. LIABILITY CLAIMS (G.C. Section 54956.95) Claimant: Jose Leon Agency Claimed Against: City of Santa Ana CLOSED SESSION REPORT - COUNCIL CHAMBERS - 11:43 P.M. present 95.B. - All Councilmembers A ulhorize settlements as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: Robert Helton v. City of Santa Ana (Workers' Compensation) File 94PDS0061, stipulation in the amount of $18,167.00. Name of Case: Daniel Moreno v. City of Santa Aha (Workers' Compensation) Case Nos. 91140212, 90140236, 91140111, stipulation in the amount of $14,770.00. CITY COUNCIL MINUTES 227 AUGUST 7, 1995 95.C. Name of Case: McMahon v. City of Santa Aha (Workers' Compensation) Case Nos. 93PDS0089, 93PDS0377, in the amount of $43,357.00. LIABILITY CLAIMS (G.C. Section 54956.95) Claimant: Jose Leon Agency Claimed Against: City of Santa Aha, in the amount of $10,000.00. MOTION: McGuigan SECOND: Richardson VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Richardson NOES: None ABSENT: None Moreno, Pulido, ADJOURNMENT - 11:44 P.M. Clerk of the Council CITY COUNCIL MINUTES 228 AUGUST 7, 1995