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Home My WebLink About09-18-1995MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 18, 1995 CALLED TO ORDER 6:08 P.M. CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA ATTENDANCE: COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern TONY ESPINOZA TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS TED R MORENO Absent: NONE STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, CiO:Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE AND FLAG CEREMONY MAYOR PULIDO Conducted by Santa Ana Girl Scout Representatives of Troops 305, 407, 912, 1049, 1186 and 1540 INVOCATION Chaplin Bob Barnett Police Department PRESENTATIONS Certificates of Recognition presented by MAYOR PULIDO to the following Girl Scout Council of Orange County 1995 Silver Award Recipients: Monica Lucio, Troop 1186 Chrystal Santoyo, Troop 1930 Gladys Jimenez, Troop 2001 CITY COUNCIL MINUTES 258 SEPTEMBER 18, ~995 Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting and GFOA Distinguished Budget Presentation Award presented by MAYOR PULIDO to Executive Director of Finance and Management Services Rod Coloma, Accounting and Budget Manager Dave Borik, Supervising Accountant Alex Ugarte, Budget Officer Gina Schuchard and accounting staffmembers Presentation of the Santa Ana/California State University Fullerton (CSUF) Mathematics Scholarship by MAYOR PULIDO, CSUF Professor of Mathematics David Pagni and Sama Ana Unified School District (SAUSD) Superintendent Dr. Al Mijares, SAUSD Assistant Superintendent Dr. Joseph Tafoya, and SAUSD Language and Mathematics Project Coordinator Sherry Skipper to former Santa Ana High School student Billy Cat Plaque in recognition of City's support to Taller San Jose presented by COUNCILMEMBER MCGUIGAN to MAYOR PULIDO League of California Cities (LOCC) Award for Santa Ana's innovative Project PRIDE presented by Mayor Chuck Smith, Orange County Division LOCC President, to COUNCILMEMBER MCGUIGAN, Recreation and Community Services Executive Director Allen Doby and Senior Recreation Supervisor Jenny Rios Certificates recognizing Project PRIDE teens for their participation and outstanding performance in winning medals at the "Fresca Sprint Nationals for Kayaking and Canoeing Competition" in Seattle, Washington presented by MAYOR PRO TEM RICHARDSON to: Century High School Pablo Mendoza, 14 years of age Roger Mondragon, 14 years of age Saddleback High School Jesse Lopez, 14 years of age Jose Jimenez, 15 years of age Santa Aha High School Alex Gonzalez, 14 years of age Danny Ortiz, 14 years of age CITY COUNCIL MINUTES 259 SEPTEMBER 18, 1995 Valley High School Edith Ortuno, 14 years of age Sandra Ortuno, 14 years of age Willard Intermediate Maribel Pineda, 13 years of age Recognition for generous donations to the Project PRIDE Kayaking and Canoeing Competition presented by MAYOR PRO TEM RICHARDSON to: Deanna R. Cline Sal Gamboa Francisco Morales, Morales Body Shop and Paint Certificate recognizing the Firemen's Benevolent Association (FBA) of Santa Ana for its generous donation of $2,000 to the Recreation and Community Services "Children's Holiday Party" and "Project PRIDE" presented by COUNCILMEMBER MILLS to FBA President Steve Critchfield STUDENT PRESENTATION Santa Ana High School Student Body President Sasha White OATHS OF OFFICE Administered by the Clerk of the Council to: Mario Cervantes as the Ward 1 representative to the Board of Recreation & Parks Lisa Myers as the Ward 5 representative to the Library Board Art Pedroza as the Ward 3 representative to the Library Board CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Mayor Pro Tern Richardson abstained on Item 10.A. 2. Mayor Pulido abstained on Item 22.A. 3. Item 31 .A. removed for separate action. CITY COUNCIL MINUTES 260 SEPTEMBER 18, 1995 CONSENTCALENDAR Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: McGuigan VOTE: AYES: NOES: SECOND: Espinoza Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve J~inutes. REGULAR MEETiNG OF SEPTEMBER 5, 1995 (Mayor Pro Tern 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, 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. Motion: ll.A. Place ordinance on second reading and adopt. ZOA 95-003 - RESIDENTIAL ROOM ADDITIONS Placed on first reading on September 5, 1995 by unanimous vote with Richardson absent ORDiNANCE NS-2263 - An ordinance of the City of Santa Ana adding Section 41- 619 to the Santa Aha Municipal Code to regulate additions to residential buildings - Planning and Building Agency FILE CA CITY COUNCIL MINUTES 261 SEPTEMBER 18, 1995 CONSENT CALENDAR Motion: ll.B. Adopt resolution. APPEAL APPLICATION 95-001 - CLIP 95-012 - 2911 S. CRODDY WAY Confirms Council action of September 5, 1995, by unanimous vote with Richardson absent RESOLUTION 95-057 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 95-12 to allow a commercial travel agency at 2911 South Croddy Way - Planning and Building Agency FILE CUP CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The September 5, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:30 p.m. on August 30, 1995. 15.B. Anthony C. Cruz' resignation from the Human Relations Commission by phone on September 13, 1995 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:00 a.m. on September 14, 1995. MISCELLANEOUS ADMINISTRATION Motion: Continue to October 2, 1995 at request of staff 19.A. ROTATIONAL TOW FRANCHISE ORDINANCE - Police Department FILE CA BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 96-045 - INSTITUTE OF MUSEUM SERVICES GRANT FOR ZOO EDUCATION PROGRAM Motion: Approve. (Requires five affirmative votes) Receipt of Institute of Museum Services grant funds in Fund 159 recognizing $112,500.00 and appropriating same for the Santa Ana Zoo Education Program - Finance and Management Services FILE APAD CITY COUNCIL MINUTES 262 SEPTEMBER 18, 1995 CONSENT CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award as recommended #7 Requests for Council Action. 22.A. LANDSCAPING OF MEDIANS AND VARIOUS PUBLIC AREAS - To Midori Gardens for a one-year renewal period in the estimated annual amount of $486,540.00 - Finance and Management Services (Mayor Pulido abstained.) SPEC 94-027 22.B. PVC PIPE - WATER RESOURCES DIVISION - To USA Supply, Inc.for a one- year renewal period in the estimated amount of $85,094.00 - Finance and Management Services SPEC 94-091 22.C. FENCE RENTALS - VARIOUS DEPARTMENTS - To National Construction Rentals for a three-year period with provision for two one-year renewals in the estimated annual amount of $24,496.00 - Finance and Management Services SPEC 95-042 22.D. PVC PIPE SADDLES - WATER RESOURCES DIVISION - To Westburne Pipe and Supply for a one-year period with provision for two one-year renewals in the estimated annual amount of $13,297.00 - Finance and Management Services SPEC 95-051 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: A ward as recomme~ded in Requests for Cotmcil Action. 23.A. BEAR STREET REHABILITATION - SUNFLOWER TO SEGERSTROM AVENUES - To R. J. Noble Company in the estimated amount of $391,995.30 with total estimated construction cost of $476,000.00 - Public Works Agency PROJ 1542 23.B. SLURRY SEAL PROGRAM - FY 1995-96 - To California Pavement Maintenance Company, Inc. in the estimated amount of $233,182.44 with total estimated construction cost of $294,900.00 - Public Works Agency PROJ 2185A 23.C WESTMINSTER AVENUE SEWER IMPROVEMENTS - To Steve Casada Construction Company in the estimated amount of $309,225.00 with total construction cost of $421,700.00 - Public Works Agency PROJ 3085 CITY COUNCIL MINUTES 263 SEPTEMBER 18, 1995 CONSENTCALENDAR Motion: 23.D Approve. THORNTON "BARRIER FREE" PARK PHASE I IMPROVEMENTS - Change Order 3; increasing in the amount of $3,740.00 - Public Works Agency PROJ 6296/7767 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. TWO-YEAR LEASE EXTENSION - 206 W. 4TH ST. - PUBLIC WORKS AGENCY - With Spurgeon Ventures, Ltd. for a decrease in the annual rental adjustment from a minimum of 5 percent to the current Consumer Price Index (CPI) rate - Community Development Agency AGMT 95- 074 25.B. WESTMiNSTER AVENUE WIDENING FROM FAIRVIEW TO EUCLID FUNDING - With the City of Garden Grove - Public Works Agency AGMT 95-075 25.C. BROKER OF RECORD FOR EMPLOYEE INSURANCE AND BENEFIT PROGRAM - With William M.. Mercer, Inc. in the estimated amount of $57,000.00 - Personnel Services AGMT 95-076 25.D. EMPLOYEE GROUP INSURANCE RENEWALS COMMENCING OCTOBER 1, 1995 ON A MONTH-TO-MONTH-BASIS - Personnel Services With CIGNA - medical benefits AGMT 95-077 With Health Net - medical benefits AGMT 95-078 With Kaiser Foundation Healthplan - medical benefits AGMT 95-079 With DentiCare - pre-paid dental benefits AGMT 95-080 With American Benefit Plan Administrators - self-funded indemnity dental AGMT 95-081 With Safeguard Health Plan - pre-paid dental benefits AGMT 95-082 CITY COUNCIL MINUTES 264 SEPTEMBER 18, 1995 CONSENT CALENDAR LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY Motion: Approve deed and authorize execution by Mayor and Clerk of the Council of all necessary documents. 30.A. MARTINEZ, EMILIO AND MOLLY - 5008 W. 17th - For Westminster/17th Street widening in the amount of $8,311.61 - Community Development Agency DEED 7776 CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS 31.A. CUP 95-016 - 220 E. 3rd St. - Removed for separate action. (See below.) FINAL PARCEL/TRACT MAPS Motion: 33.A. Approve final tract map and accept dedications shown thereon. TRACT MAP 15044 - 601-617 E. 17th Street - Subdivides four existing parcels and a portion of Poinsettia Street abandonment into four condominium lots consisting of 1.38 acres of land - Public Works Agency FILE CA * * * END OF CONSENT CALENDAR CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS 31.A. CUP 95-016 - 220 E. THIRD STREET Sal Juarez recounted his efforts to rid the City of visual clutter and requested staff inform the Festival Hall business owners of the Santa Ana Municipal Code's restrictions on posting in the public right-of-way. Motion: Receive and file staff report approvi.g CUP 95-016. Filed by Vince Sarmiento to allow a cover charge for indoor entertainment uses at Festival Hall in the Downtown Commercial (C3) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CUP MOTION: Mills SECOND: Lutz CITY COUNCIL MINUTES 265 SEPTEMBER 18, 1995 BUSINESS CALENDAR Councilmember Moreno expressed concern that approval of the Conditional Use Permit would create a "night club" in the Downtown. Substitute Motion: MOTION: Moreno VOTE: AYES: NOES: Set Conditional Use Permit 95-O16 for public hearing on October 16, 1995, and direct the Clerk to notify parties of interest. SECOND: Espinoza Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None 75.A. JOINT PUBLIC HEARING NORTHGATE MARKET MING'S AUTO REPAIR MING'S AUTO REPAIR 409 E. FOURTH ST. 602 E. FOURTH ST. 526 E. FOURTH ST. 409 E. Fourth Street GENERAL PLAN AMENDMENT 95-002 to change the land use designation from Medium Density Residential (MR) to General Business District (GBD) AMENDMENT APPLICATION 95-001 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 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 Register and mailed on September 8, 1995 Legal Notice for Abandonment 95-A5 published in the O.C. Reporter on September 5 & 11, 1995 602 E. Fourth St. GENERAL PLAN AMENDMENT 95-003 to change the land use designation from Medium Density Residential (MR) to General Business District (GBD) CITY COUNCIL MINUTES 266 SEPTEMBER 18, 1995 JOINT PUBLIC HEARINGS 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 95-003 published in the Register and mailed on September 8, 1995 526 E. Fourth St. 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 September 9 & 16, 1995 The Mayor opened the joint public hearing of the Santa Ana City Council and the Community Redevelopment Agency of the City of Santa Ana regarding the Northgate Project at 7:03 p.m. Presentation of staff reports and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff and Community Development Agency Executive Director Cindy Nelson Presentation of written communications by Clerk of the Council Janice C. Guy: Five (5) Mary Zimmerman, September 14, 1995 Antonio Villaraigosa, September 18, 1995 Edward McKie, September 18, 1995 Candace Inagi, September 18, 1995 Julie Humphreys, September 18, 1995 The following persons spoke in favor of the Northgate Project and presented written communications as indicated: Mike Adams, representing the applicant Richard File Manuel Pefia Sean Mill Sal Juarez Irving Chase Michael Macres Robert Lopez (two documents re Downtown development) Sam Romero The following persons spoke in opposition to the Northgate Project and presented written communications as indicated: Mary Zimmerman CITY COUNCIL MINUTES 267 SEPTEMBER 18, 1995 JOINT PUBLIC HEARINGS James Marquez Lori Schmitt-Tudor Victoria Betancourt Debbie McEwen Julie Humphreys Rick Eiden (letters from Ralph's, Urbatec, and petition) Dario Rodriguez James Kendrick (grocery volume chart, article on "Theme Cities") Michelle Morrisey Penny Houghton John MacDowell Randy Thornhill George Estrada Elena Lopez Bill Mitchell from Common Cause noted the appearance of a conflict of interest due to a councilmember's receiving a sizeable campaign contribution from the applicant. He suggested the Council adopt a "tin cup" ordinance to prevent such conflicts of interest in the future. The Mayor closed the public hearing at 8:48 p.m. In response to the Mayor's query, the City Attorney clarified that the Mayor did not have a conflict of interest due to his business's location in the "Food for Less" Shopping Center and thus was not precluded from voting on the matter. Motion: 1. Adopt resohttions. 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 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 RESOLUTION 95-036 - 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 south side of Fourth Street between French and Garfield Streets from Medium Density Residential to General Business District (GPA 95-03) - Planning and Building Agency FILE CA CITY COUNCIL MINUTES 268 SEPTEMBER 18, 1995 JOINT PUBLIC HEARINGS RESOLUTION 95-037 - 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 Miguel Gonzalez Reynoso, and approving the terms and conditions of said conveyance - Community Development Agency FILE CA RESOLUTION 95-058 - A resolution of the City Council of the City of Santa Ana approving a mitigated negative declaration and a mitigation monitoring program for the Northgate Market project - Planning and Building Agency RESOLUTION 95-059 - A resolution of the City Council of the City of Santa Ana approving a mitigated negative declaration and a mitigation monitoring program for the Mings Auto Repair relocation project - Planning and Building Agency 2. Place ordinance on first reading attd attthorize 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 lhe City Atlor~ey to prepare the following resohttions inchtding the following additional conditions: 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. These passes are to be purchased in advance annually. The applicant must pay in full for the first year prior to issuance of any building permits. 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. The market operator is responsible to form a committee comprised of City staff, market owner, representatives from French Park, French Court, and Logan-Lacy neighborhoods and the Downtown Santa Ana Business Association to monitor shopping carts and eliminate stray carts throughout the neighborhood and downtown areas. Approving VA 95-002 as conditioned by staff and adopt findings as submitted by staff- 409 E. 4th St. FILE VA CITY COUNCIL MINUTES 269 SEPTEMBER 18, 1995 JOINT PUBLIC HEARINGS Substitute Motion: Approving VA 95-003 as conditioned by staffand adopt the findings as submitted by staff- 602 E. 4th St. FILE VA MOTION: Richardson SECOND: Espinoza Require the applicant to purchase all remaining property in the block bounded by 4th, Mortimer, 5th, and Minter Streets, and meet all landscaping setback requirements. MOTION: Moreno VOTE: SECOND: Espinoza AYES: Espinoza, Moreno NOES: Lutz, McGuigan, Mills, Pulido, Richardson ABSENT: None The Substitute Motion failed. Vote on Original Motion: VOTE: ABSENT: The Original Motion failed. AYES: Espinoza, Moreno, Richardson NOES: Lutz, McGuigan, Mills, Pulido None RECESSED - 8:42 P.M. RECONVENED AND RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 9:58 P.M. RECONVENED - 9:59 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS Sean Mill urged the Council to consider the impacts of an anti-scavenger ordinance on low- income Santa Ana residents, encouraged Councilmember Mills to be more sensitive to these CITY COUNCIL MINUTES 270 SEPTEMBER 18, 1995 residents' needs, and apologized to Councilmember Moreno for his criticism of Moreno's statements regarding the anti-religious nature of an artistic piece at a recent opening in the Artists Village. James Kendrick urged the Council to continue its efforts to build a cosmopolitan Santa Ana, particularly by capitalizing on the City's diversity. 90.B. CITY COUNCIL COMMENTS Councilmember Lutz commented that Santa Aha was becoming increasingly active in the arts and culture area citing the following events he had attended the previous weekend: two artists' openings in the Santora Building, the Discovery Museum Fundraiser, the September 16 Festival in Downtown, and the Orange County Contemporary Art auction. Mayor Pro Tern Richardson announced that the recently remodeled Santa Ana High School would be dedicated on September 27 and encouraged the Council to attend the event. Richardson also noted the City of Fullerton had recently instituted a program to place historic plaques on buildings in Fullerton listed in the National Register of Historic Sites and suggested staffinvestigate a similar program for Santa Ana. In response to Councilmember Moreno's query, Community Development Executive Director Nelson reported that over the last few years Santa Aha had invested approximately $4.6 million to develop the Artists Village in Downtown Santa Ana, but that estimating City revenues from the project was difficult at this point. Moreno expressed concern regarding the extent of the City's subsidy of the arts, and also reported he had talked with the City Manager about reducing mid- management and entry-level salaries. CLOSED SESSION - ROOM 147 -10:19 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 September 18, 1995 Closed Session. 95.A. CONFERENCE WITH LABOR NEGOTIATOR (G.C. Section 54957.6) Agency Negotiator: Swadesh Chopra Employee Organization: SACEA/SEIU Employee Organization: Police Officers Association Employee Organization: Police Management Association 95.B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (GC. Section 54956.9) Significant exposure to litigation pursuant to Section 54956.9(b) Number of potential cases: 2 CITY COUNCIL MINUTES 271 SEPTEMBER 18, 1995 95.C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: Gary Stover v. City of Santa Ana, Workers' Compensation Case No. 91PDS0431 RECONVENED - COUNCIL CHAMBERS - 10:36 P.M. - All Councilmembers present except Mayor Pro Tem Richardson CLOSED SESSION REPORT Motion: Authorize settlements asd~bllows: 95.B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (G.C. Section 54956.9) Cancellation of contract with Adams/Mallory Construction for Projects 9063 and 6213, through a negotiated settlement of damages in the amount of $18,404.00, with Orange County to pay approximately one-half the cost 95.C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 54956.9) Name of Case: Gary Stover v. City of Santa Ana, Workers' Compensation Case No. 91PDS0431, stipulation in the amount of $37,740.00 less credit for prior accident MOTION: Mills SECOND: McGuigan VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido NOES: None ABSENT: Richardson ADJOURNMENT- 10:38 P.M. Clerk of the Council CITY COUNCIL MINUTES 272 SEPTEMBER 18, 1995