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Home My WebLink About08-21-1995MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 21, 1995 CALLED TO ORDER 6:10 P.M. CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA ATTENDANCE: COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern TONY ESP1NOZA TOM LUTZ PATRiCIA A. McGUIGAN LISA MILLS (6:28 p.m.) TED R MORENO Absent: NONE STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO EMPLOYEE AWARDS MAYOR PULIDO 25 Years of Service Bernadine Greenberg Police Service Dispatcher Police Department Donald Robertson Sergeant Police Department CITY COUNCIL MINUTES 229 AUGUST 21, 1995 Leon Tabako Street Maintenance Supervisor Public Works Agency 20 Years of Service Maureen Ehart Fire Services Dispatcher Fire Department William Ehart Sergeant Police Department Gary Labb Police Officer Police Department PRESENTATIONS Proclamation recognizing Orange County Rescue Mission's "Certified Excellent" award from the International Union of Gospel Missions presented by MAYOR PULIDO to Orange County Rescue Mission Executive Director Jim Palmer Certificate recognizing outstanding leadership of Portola Park Neighborhood Association presented by MAYOR PRO TEM RICHARDSON to Past President Joe Pierce Certificates recognizing generous donation of bicycles to the Community Orienting Police Task Force presented by MAYOR PRO TEM RICHARDSON to the following neighborhood association representatives: Floral Park: Sandi Di Angelis Julie Humphreys Michelle Morrisey Bruce Nicholson Phyllis Smith French Court: Ayyad Ghobrial Ed McKie CITY COUNCIL MINUTES 230 AUGUST 21, 1995 French Park: Debbie McEwen CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Councilmembers Espinoza and Moreno voted "NO" on Item 11.B. 2. Councilmember Mills abstained on Item 20.A. Approve staff recommendatiot~s on the following Consent Calendar Items. MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None MINUTES Motion: 10.A. 10.B. ADMINISTRATIVE MATTERS Approve Minutes. SPECIAL MEETING OF JULY 31, 1995 REGULAR MEETING OF AUGUST 7, 1995 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS Votes in this category may differ fi.om the vote on the Consent Calendar. The decision on these items was made at a previous Council meeting and the vote carried forward. However, ifa Councilmember was absent from the previous meeting, but is present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences from the current meeting are recorded as such. ll.A. AA 95-002 - DEVELOPMENT AGMT 95-001 - MATER DEI HIGH SCHOOL (Placed on first reading on August 7, 1995 by a 7/0 vote) CITY COUNCIL MINUTES 231 AUGUST 21, 1995 CONSENT CALENDAR ll.B. 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 properly - Planning and Building Agency AGMT 95-057 AA 95-003 - SD NO. 12- CUP 95-010- CUP 95-014- 1351 E. DYERROAD (Placed on first reading on August 7, 1995 by a 5/2 vote with Espinoza and Moreno dissenting) ORDINANCE NS-2261 - An ordinance of the City of Santa Aha rezoning certain property located at 1351 East Dyer Road from the MI (Light Industrial) District to the SD (Specific Development) District and amending Specific Development Plan No. 12 (AA No. 95-03) - Planning and Building Agency RESOLUTION 95-046 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 95-I0 to allow a gas station/minimarket at 1351 East Dyer Road - Planning and Building Agency RESOLUTION 95-047 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 95-14 to allow sale of beer and wine in a gas station/minimarket at 1351 East Dyer Road - Planning and Building Agency (Councilmembers Espinoza and Moreno voted "NO") FILE CA BOARDS/COMMISSIONS/COMMITTEES 13.A. NOMINATIONS Motion: Set for consideration at next regmlar meeti,g. Art Pedroza, 518 N. English, recommended by COUNCILMEMBER MILLS as the Ward 3 representative to the Library Board for a partial term expiring November 30, 1996 (Replacing Garcia) FILE BC 13.B. APPOINTMENTS Motion: Approve. 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 CITY COUNCIL MINUTES 232 AUGUST 21, 1995 CONSENTCALENDAR Marlo 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 Fire Chief Marc E Martin as alternate City representative to the Orange County-City Hazardous Materials Emergency Response Authority (Replacing former Fire Chief Allen Carter) FILE BC CLERK OF Motion: 15.A. THE COUNCIL POSTING REPORT Instruct Clerk to enter notice of posting into the Minutes. The August 7, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:00 p.m. on August 3, 1995. 20.A. Motion: BUDGETARY MATTERS APPROPRIATION ADJUSTMENT 96-025 - FAIRHAVEN AND TUSTIN AVENUES STORM DRA1N Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. STORM DRAIN - FAIRHAVEN AND TUSTIN AVENUES - With the Orange County Transportation Authority and the City of Orange - Public Works Agency AGMT 95-058 2. Approve. (Requires five affirmative votes) Receipt of unanticipated revenue from the Orange County Transportation Authority in Fund 205 recognizing $456,000.00 and appropriating same for construction of a storm drain along Fairhaven and Tustin Avenues - Finance and Management Services (Councilmember Mills abstained) FILE APAD CITY COUNC1L MINUTES 233 AUGUST 21, 1995 CONSENT CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award as recommended in Requests for Council A ction. 22.A. TRAFFIC FLARES - POLICE DEPARTMENT - To American Police Supply for a two-year period with provision for two one-year renewals in the estimated annual amount of $23,188.00 - Finance and Management Services SPEC 95-038 22.B. AUTOMOTIVE OIL AND LUBRICANTS - To Nickey Petroleum Company under County of Orange Cooperative Agreement F0000000557 in the estimated annual amount of $25,000.00 - Finance and Management Services SPEC 95-047 22.C. VEHICLE DETAILING SERVICE - FLEET MAINTENANCE - To Personal Car Care, Inc. DBA Happy Hands Car Wash and Detail Center for a 12-month period with an option for two 12-month renewals in the estimated annual amount of $5,000.00 - Finance and Management Services SPEC 95-91280 PROJECTS ~ MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: A~vard aa' recommended hz Requests for Council Ac#on. 23.A. GUARDRAiL AND SIGNAGE ON FAIRVIEW STREET AND MCFADDEN AVENUE - To Orange County Striping Service, Inc. in the estimated amount of $23,720.00 with total estimated construction cost of $36,200.00 - Public Works Agency PROJ 1564 23.B. SCHOOL SIGNS AND STRIPING - 16 LOCATIONS - To J & S Sign Company, Inc. in the estimated amount of $29,800.00 with total estimated construction cost of $42,700.00 - Public Works Agency PROJ 1565 23.C RECONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS AND WHEELCHAIR RAMPS - VARIOUS LOCATIONS - To Nobest, Inc. in the estimated amount of $421,036.50 with total estimated construction cost of $525,900.00 - Public Works Agency PROJ 7335/8669 23.D. TREE PLANTING - REPUBLIC HOMES, PARK SANTIAGO, ARTESIA PILAR AND NORTHWEST NEIGHBORHOODS - To Rey Art Landscaping in the amount of $16,992.00 - Public Works Agency PROJ 7340-9 CITY COUNCIL MINUTES 234 AUGUST 21, 1995 CONSENTCALENDAR AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. RELOCATION SERVICES CONSULTANT AMENDMENT - BRISTOL CORRIDOR PROJECT - With Pacifica Relocation Consultants to increase compensation in the amount of $25,000.00, for a total contract not to exceed $130,000.00 - Community Development Agency AGMT 95-059 25.B. LEASE RENEWAL OPTION - REGIONAL TRANSPORTATION CENTER - With Greyhound Lines, Inc. for counter/office space for an additional three years at $l,548.75 per month for the first year, $1,597.92 per month for the second year and $1,716.67 per month for the third year - Community Development Agency AGMT 95-060 25.C. ENVIRONMENTAL IMPACT REPORT PREPARATION - 2700 N. MAIN - To Phil Martin and Associates in an amount not to exceed $72,225.00 - Planning and Building Agency AGMT 95-061 LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY Approve deed and authorize execution by Mayor and Clerk of the Council of all necessary doclt#lenls. 30.A. HERNANDEZ, JOSEPHINE - 5026 W. 17th for the Westminster/17th Street widening in the amount of $175,000.00 - Community Development Agency DEED 7758 FINAL PARCEL/TRACT MAPS Motion: Approve final parcel map and accept the dedications thereon. 33.A. PARCEL MAP 94-189 - 1322 E. Warner Avenue - Subdivides an existing lot consisting of 28.27 acres of land into two parcels - Public Works Agency FILE PMAP * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 235 AUGUST 21, 1995 BUSINESS CALENDAR ORDINANCES/FIRST READING 50.A. ROTATIONAL TOW FRANCHISE MotioN: Continue consideration of Ordinance NS-2255 to September 18, 1995 at staffs request. ORDINANCE NS-2255 - An ordinance of the City of Santa Ana amending the Santa Ana Municipal Code by adding an article entitled Vehicle Towing and Recovery Services to Chapter 15 of the Santa Aha Municipal Code -Police Department MOTION: McGuigan SECOND: Richardson VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE CA 50.B. Motion: SALE OF FOOD AND BEVERAGES - DAN YOUNG SOCCER COMPLEX AT CENTENNIAL PARK Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2262 ~ An ordinance of the City of Santa Ana amending Section 31-2.18 of the Santa Ana Municipal Code to allow sale of food and beverages at the Centennial Park Soccer Field Complex - Recreation and Community Services MOTION: McGuigan SECOND: Lutz VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE CA CITY COUNCIL MINUTES 236 AUGUST 21, 1995 PUBLIC HEARINGS 75.A. APPEAL APPLICATION 95-002 - VA 95-004 - 400 E. 17TH STREET F1LED BY CHEVRON GAS APPEAL APPLICATION 95-002 for approval of VA 95-004 to increase the maximum permitted height and area of a freeway pole sign for a Chevron Gas Station Recommended for denial by the Planning Commission on July 24, 1995 by a 6/0 vote with Brown absent Legal Notice mailed on August 4, 1995 The Mayor opened the public hearing regarding Appeal Application 95-002 at 6:42 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 The following persons spoke in favor of Appeal Application 95-002: Robert Fiscus Zaf Ahmed Steve Krieger The following persons spoke in opposition to Appeal Application 95-002: Ed McKie Todd Walsh James Marquez Margaret Farris The Mayor closed the public hearing at 7:05 p.m. Motion: Direct the City Attorney to prepare a resohttion denying 17A 95-004 and adopt the findings as submitted by staff MOTION: Richardson SECOND: Moreno Substitute Motion: Remand Appeal Application 95-002 and Variance 95-004 to the Planning Commissio~. MOTION: Lutz SECOND: Pulido CITY COUNCIL MINUTES 237 AUGUST 21, 1995 PUBLIC HEARINGS VOTE: AYES: NOES: ABSENT: None Lutz, Pulido Espinoza, McGuigan, Mills, Moreno, Richardson The Substitute Motion failed. Mayor Pro Tem Richardson amended the Main Motion by adding a directive for staffto request Caltrans to install "Services this Exit" signs for the Interstate 5/17th Street off-ramp. After extensive discussion, Richardson withdrew the amendment and forwarded the directive to the City Manager as a Council Request. Vote on Main Motion: MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Moreno Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE VA 75.B. EMINENT DOMAIN - UTILITY UNDERGROUNDING - WESTMINSTER/ 17TH ST. WIDENING Condemnation hearing to consider acquisition of property through the power of eminent domain of certain properties at 5008, 5010, 5014, 5026, 5030, 5102, and 5106 W. 17th Street for street widening purposes within the Westminster Avenue/17th Street widening project Legal notices mailed on August 1 and 2, 1995 The Mayor opened the public hearing regarding the condemnation by eminent domain of certain properties within the Westminster and 17th Street widening project at 7:18 p.m. Presentation of staff report and staff comments by Community Development Agency Redevelopment and Real Estate Manager Robert Hoffman Presentation of written communications by Clerk of the Council Janice C. Guy: One Margarita Sullivan O'FarriII dated August 11, 1995 There were no speakers on the matter. CITY COUNCIL MINUTES 238 AUGUST 21, 1995 PUBLIC HEARINGS The Mayor closed the public hearing at 7:21 p.m. Motion: Adopt resolutions. RESOLUTION 95-048 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain of a portion of that certain real property at 5008 West Seventeenth Street for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency RESOLUTION 95-049 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain ora portion of that certain real properties at 5010 and 5014 West Seventeenth Street for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency RESOLUTION 95-050 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain of a portion of that certain real property at 5026 West Seventeenth Street for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency RESOLUTION 9%051 - A resolution of the City Council of the City of Santa Aha finding and determining that the public interest and necessity require the acquisition by eminent domain ora portion of that certain real properties at 5030 and 5102 West Seventeenth Street for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency RESOLUTION 95-052 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain of a fee title interest in a portion of certain real property located at 5106 West Seventeenth Street (Orange County Assessor's Parcel No. 100-161- 03), in the City of Santa Ana, for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency MOTION: McGuigan SECOND: Mills VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Pulido, Richardson NOES: Moreno ABSENT: None FILE CA CITY COUNCIL MINUTES 239 AUGUST 21, 1995 PUBLIC HEARINGS 75.C ABANDONMENT 95-A1 - STREET VACATION - VALENCIA/POINSETTIA Filed by Kreiger Enterprises to vacate portions of Valencia Avenue and Poinsettia Street north of 17th Street to facilitate the development of a carwash, gas station, and retail market Legal Notice published in the Register on August 7, and 14, 1995 Motion: Continue to September 5, 1995 Council meeting at the request of staff MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CA COUNCIL AGENDA ITEMS 85.A. Motion: NORTHGATE MARKET PROJECT (MORENO) I. Adopt resohttion. RESOLUTION 95-053 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate Mortimer Street between Fourth and Fifth Streets, setting a public hearing thereon, and directing notice thereof to be posted and punished. Direct Clerk of the Council to set a public hearing on General Plan Amendment 95-002, Amendment Application 95-001, Variance 95-002, Abandonment 95-A5 and Disposition and Development Agreement for September 18, 1995. 3. Direct staff to waive any additional development fees. MOTION: Moreno SECOND: Richardson VOTE: AYES: NOES: Espinoza, McGuigan, Moreno, Richardson Lutz, Mills, Pulido ABSENT: None FILE CA Councilmember Mills requested City Attorney Ed Cooper to review Charter language regarding placement of items on the Council Agenda and Conflict of Interest provisions relating to campaign contributions. CITY COUNCIL M[INUTES 240 AUGUST 21, 1995 RECESSED - COMMUNITY REDEVELOPMENT AGENCY - 7:27 P.M. RECONVENED - 7:29 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS James O' Connor requested the June 19, 1995 Council Minutes be revised to reflect the Council received 920 signed petitions opposing the placement of permanent traffic diverters on Broadway at Santa Clara and at 19th Street. Mayor Pulido referred the request to Clerk of the Council Janice Guy for appropriate action. [Note: Prior to discussing the item on June 19, 1995, the City Council was provided a "Summary of Written Communications Received by the Clerk of the Council re Semi-Diverters" indicating a total of 1,218 communications were received, 278 supporting retention and 940 supporting removal of the traffic diverters. The summary is on file in the Clerk's Office. See Minutes page 174.] Larry Rhinehart, South Coast Air Quality Management District Intergovernmental Affairs Director, updated the Council regarding the District's new more "business-friendly" approaches to air quality. Councilmember McGuigan commended Planning & Building Agency Assistant Planner II Melanie McCann for her efforts to enhance cooperation between AQMD staff and City staff Margaret Farris asked if using Measure M funds for the Orange County bankruptcy would reduce bus service, indicated she was on the City's waiting list for housing assistance, and reported continuing threats to her personal safety. Councilmember Mills responded that the impact on bus service had not yet been determined. Mayor Pulido suggested that since Farris was an Anaheim resident, she might also approach the Anaheim City Council for help. 90.B. CITY COUNCIL COMMENTS Councilmember Espinoza requested: - the Police Department investigate panhandling and illegal drinking near the 7-Eleven store at Pacific and Warner; - the Public Works Agency meet with Carl Harvey Elementary School staff regarding the location of a new STOP sign on Center Street; and - the Planning and Building Agency investigate whether Paddy Murphy's new pole sign had been granted a City permit. Councilmember Lutz complimented columnist Jan Norman for her article on Santa Ana's efforts to promote business that appeared in the August 19 Orange County Register. CITY COUNCIL MINUTES 241 AUGUST 21, 1995 Councilmember Mills: - indicated that she supported keeping Edgewood Road open at Main Street; - requested City Attorney Cooper review the electorate's intent regarding those Charter sections relating to conflicts of interest resulting from campaign contributions; and - expressed her personal apologies to Councilmember Espinoza for any misunderstanding that had arisen out of her comments at the previous Council meeting. Mayor Pro Tem Richardson requested the Planning & Building Agency investigate possible sign code violations on South Harbor at Segerstrom and on Bristol between Warner and Central (mobile vehicle); and the City Council excuse his absence from the September 5, 1995 Council Meeting. Councilmember McGuigan encouraged Santa Aha residents to help Senior citizens and the disabled by volunteering for the "Keep America Beautiful" program. McGuigan briefly described the program and asked interested individuals to contact the Recreation & Community Services or call Claudia Riewaldt at 564-0875. Mayor Pulido reported the City's application for a gang violence suppression grant from the Office of Criminal Justice Planning was approved after initially being denied. At the Mayor's request, Police Captain Bruce Carlson explained the competitive grant selection process and indicated the grant would total $1.1 million over three years and would be used to continue the Police Department's Street Terrorist Offender Project (STOP) that targets hard-core gang members. RECESSED TO CLOSED SESSION - ROOM 147- 7:52 P.M. The Brown Act permits the City Council to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the City Council meeting. The following items were received for the August 21, 1995 Closed Session. 95.A. CONFERENCE WITH LABOR NEGOTIATOR (G.C Section 5495T6) Agency Negotiator: Swadesh Chopra Employee Organization: SACEA/SEIU Employee Organization: Police Officers Association Employee Organization: Police Management Association CITY COUNCIL MINUTES 242 AUGUST 21, 1995 95.B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. SECTION 54956.9) Name of Case: Tuan Than-Trong v. City of Santa Ana, Workers' Compensation Case No. 92240117 Name of Case: Wagstaffv. City of Santa Ana, Workers' Compensation Case No. 90140383 RECONVENED - COUNCIL CHAMBERS - 8:08 P.M. - All Councilmembers present except Councilmember Mills CLOSED SESSION REPORT Motion: Authorize settleme,ts as follows: 95.B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. SECTION 54956.9) Name of Case: Tuan Than-Trong v. City of Santa Ana, Workers' Compensation Case No. 92240117, compromise in the amount of $20,000.00. Name of Case: Wagstaffv. City of Santa Ana, Workers' Compensation Case No. 90140383, stipulation in the amount of $25,410.00. MOTION: McGuigan SECOND: Lutz VOTE: AYES: Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: Mills ADJOURNMENT- 8:10 P.M. Clerk of the Council CITY COUNCIL MINUTES 243 AUGUST 21, 1995