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HomeMy WebLinkAbout12-04-1995MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 4, 1995 CALLED TO ORDER 6:06 P.M. CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA ATTENDANCE: COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tem TONY ESPINOZA TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO LISA MILLS PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Absent: NONE STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council MAYOR PULIDO Chaplin Warren Johnson Police Department Mayor's Exceptional Citizen award presented by MAYOR PULIDO to Manuel Esqueda Commendation for designation as "Secretary of the Year" by Professional Secretaries International (PSI) Orange Empire Chapter presented by MAYOR PULIDO to the Secretary to the City Manager Angela "Angi" Christensen Buchanan CITY COUNCIL MINUTES 333 DECEM 3ER 4, 1995 Check in the amount of $7,500.00 for the Delhi Center After School Homework Program presented by Pacific Bell Director of Public Affairs Barbara Becker to MAYOR PULIDO, Delhi Center Board of Directors President Rick Rodriguez, and Monroe Elementary School Principal Bob Silva Special Recognition of Police and Fire Department employees who assisted in the rescue of a drowning child presented by MAYOR PRO TEM RICHARDSON to: Police Department Pete Jensen Police Officer Diana Lee Police Officer Fire Department Bruce Guy Company Commander John Timoti Engineer Russell Lee Firefighter Paramedic Certificates recognizing exemplary participation in the City's Industrial Standards revisions presented by MAYOR PRO TEM RICHARDSON to: Tim Lux Datum Architects Lee A. McCullough The Seeley Company Alexander Nalle Coldwell Banker Commercial Real Estate Group Plaque recognizing six years' service on the Library Board presented by COUNCILMEMBER MORENO to Patricia Heike CITY COUNCIL MINUTES 334 DECEMBER 4, 1995 Plaque recognizing four years' service on the Library Board presented by COUNCILMEMBER MORENO to Jack S. Spangler SPECIAL PRESENTATION Status report on the Discovery Science Center given by Discovery Science Center Executive Director Karen Johnson STUDENT PRESENTATION Saddleback High School Student Migdalia Reynoso OATHS OF OFFICE Administered by the Clerk of the Council to Bruce Nicholson, At -large representative to the Human Relations Commission CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Removal of Items W.A., 10.B., 23.B. and 23.C. for separate action 2. Mayor Pulido's abstention on Item 221. 3. Mayor Pro Tem Richardson's "NO" vote on Item I I.A. 4. Councilmember Moreno's "NO" vote on Items I I.A. and 22.13 and abstention on Item 23.A. 5. Councilmember Mills' abstention on Item 21.A. 6. Councilmember Espinoza's "NO" vote on Item I LA. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Mills SECOND: Richardson VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None ADMINISTRATIVE MATTERS MINUTES - Removed for separate action. (See Minutes page 343.) CITY COUNCIL MINUTES 335 DECEMBER 4, 1995 CONSENT CALENDAR 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. II.A. Motion: II.B. Motion: I L C. Motion: PROHIBIT UNAUTHORIZED REMOVAL (ANTI -SCAVENGING) OF SOLID WASTE AT CURB (Placed on first reading on November 6, 1995 by a 4/3 vote with Espinoza, Moreno and Richardson dissenting) Place ordinance on second reading and adopt. ORDINANCE NS-2268 - An ordinance of the City of Santa Ana amending Section 16-34 of the Santa Ana Municipal Code to prohibit removal of solid waste from disposal containers by unauthorized persons - Public Works Agency (Mayor Pro Tern Richardson and Councilmembers Espinoza and Moreno voted "NO".) FILE CA ZOA 95-4 - BROOKHOLLOW OFFICE PARK - 1500-1570 E. WARNER Filed by Stanley Architects to amend the permitted land uses in order to expand the allowable uses at 1500-1570 E. Warner Avenue in Specific Development No. 8 zoning district (Placed on first reading on November 6, 1995 by unanimous vote) Place ordinance on second reading and adopt. ORDINANCE NS-2269 - An ordinance of the City Council of the City of Santa Ana amending Specific Development Plan No. 8, pertaining to the Brookhollow Office Park Development, to revise the listing of permitted uses - Planning and Building Agency FILE CA CUP 95-019 - UNOCAL - GAS STATION - 1502 E. EDINGER (Confirms Council action of November 6, 1995 by unanimous vote) Adopt resohition. CITY COUNCIL MINUTES 336 DECEN11BER 4, 1995 CONSENT CALENDAR II.D. Motion: II.E. Motion: RESOLUTION 95-078 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 95-19 to allow a retail use at 1502 East Edinger Avenue in the M1 (Light Industrial) District - Planning and Building Agency FILE CUP GPA 95-007 - AMENDMENT APPLICATION 95-006 - CUP 95-021 1325-1331 E. 17TH STREET (Placed on first reading on November 6, 1995 by unanimous vote) Place ordinance on second reading and adopt. ORDINANCE NS-2270 - An ordinance of the City of Santa Ana rezoning certain property located at 1325-1331 East Seventeenth Street from the RI (Single -Family Residential) and R2 (Two -Family Residential) Districts to the Cl (Community Commercial District (AA No. 95-6) - Planning and Building Agency 2. Adopt resolution. RESOLUTION 95-079 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 95-21 to allow drive -through service at a restaurant to be located at 1325-1331 East Seventeenth Street - Planning and FILE CUP Building Agency PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PEAS) (Placed on first reading on November 6, 1995 by unanimous vote) Place ordinance on second reading and adopt. ORDINANCE NS-2271 - An ordinance of the City of Santa Ana authorizing an amendment to the contract between the City Council of the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System Personnel Services AGMT 95-118 2. Adopt. (Requires five affirmative votes) ORDINANCE NS-2272 - An emergency ordinance of the City of Santa Ana authorizing an amendment to the contract between the City Council of the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System, and stating the reasons for its urgency - Personnel Services CITY COUNCIL MINUTES 337 DECEMBER 4, 1995 CONSENT CALENDAR CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Monaes. 15.A. The October 16, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:30 a.m. on October 12, 1995. 15.13. The November 6, 1995 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on November 1, 1995. 15.C. Mai Cong's resignation as the Mayoral representative to the Human Relations Commission by phone effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 12:30 p.m. on November 9, 1995. MISCELLANEOUS - ADMINISTRATION 19.A EXCUSED ABSENCE Motion: Approve. Excused absence of Councilmember Moreno from the December 18, 1995 Council Meeting BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 96-076 - SUMMER LUNCH PROGRAM Motion: 1. Approve. (Requires five affirmative votes) Receipt of United States Department of Agriculture funds in Fund 11 recognizing receipt of $42,610.00 and appropriating the same to the Summer Lunch Program - Finance and Management Services FILE APAD 2. Direct the City Attorney to prepare and the Mayor and Clerk to execute agreements. FREE SUMMER LUNCH PROGRAM - With the United States Department of Agriculture - Recreation and Community Services AGMT 95-119 FREE SUMMER LUNCH PROGRAM - With the Santa Ana Unified School District in an amount not to exceed $35,795.00 - Recreation and Community Services AGMT 95-120 CITY COUNCIL MINUTES 338 DECEM 3ER 4, 1995 CONSENT CALENDAR 20.13. APPROPRIATION ADJUSTMENT 96-074 - SANTA ANA COMMUNITY ACTION NETWORK PROGRAM FOR GANG PREVENTION Motion: Approve. (Requires fine affirmative votes) Receipt of Office of Criminal Justice Planning Grant Title V funds in Fund 155 recognizing $3,000.00 and appropriating same to the Santa Ana Community Action Network Program - Finance and Management Services FILE APAD 20.C. APPROPRIATION ADJUSTMENT 96-077 - SECTION 108 LOAN - POLICE ADMINISTRATION AND HOLDING FACILITY (JAIL) Motion: 1. Approve. (Requires five affirmative votes) Receipt of funds from the U.S. Department of Housing and Urban Development in Fund 158 recognizing $13.9 million and appropriating same to the Police Administration and Holding Facility (jail) project - Finance and Management Services 2. Direct the City Attorney to prepare and the 00, Manager and Clerk of the Council to execute agreements, notes and other financing documents. LOAN GUARANTEE ASSISTANCE - With the United States Department of Housing and Urban Development (HUD) - Community Development Agency AGMT 95-121 FISCAL AGENCY AGREEMENT - With Chemical Bank of New York - Community Development Agency AGMT 95-122 20.D. APPROPRIATION ADJUSTMENT 96-078 - FIREARMS Motion: Approve. (Requires five affirmative votes) Receipt of Firearms Trafficking Program grant funds in Fund 127 recognizing $350,000.00 and appropriating same to the Firearms Trafficking Program - Finance and Management Services FILE APAD GRANTS/APPLICATIONS 21.A. COMBINED TRANSPORTATION FUNDING PROGRAM - WARNER AVENUE BRIDGE PROJECT Motion: Adopt resolution. CITY COUNCIL MINUTES 339 DECEMBER 4, 1995 CONSENT CALENDAR RESOLUTION 95-080 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to submit a grant application for the Warner Avenue Bridge Project to the Orange County Transportation Authority for funding under the Combined Transportation Funding Program - Public Works Agency (Councilmember Mills abstained.) FILE CA SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A. LAUNDRY SERVICE - DETENTION FACILITY - To Goodwill Industries of Orange County for a final 12-month renewal period in the estimated amount of $14,000.00 - Finance and Management Services SPEC 93-054 22.13. FOOD SERVICE - DETENTION FACILITY - To Boardwalk Cafe & Catering Company for a final 12-month renewal period in the estimated amount of $163,000.00 - Finance and Management Services (Councilmember Moreno abstained.) SPEC 93-055 22.C. LAMPS AND ELECTRICAL SUPPLIES - To the following for a second one-year renewal period - Finance and Management Services SPEC 93-068 West-Lite Supply Co. in the estimated amount of $14,436.00 Graybar Electrical Co. in the estimated amount of $3,482.00 22.D. JANITORIAL SUPPLIES - To the following for a one-year period with provision for two one-year extensions - Finance and Management Services SPEC 95-048 Gale Supply Co. in the estimated amount of $7,776.00 Kathco Products in the estimated amount of $8,035.00 Maintex, Inc. in the estimated amount of $4,220.00 Chem Tech Products in the estimated amount of $8,000.00 Waxie's Enterprises in the estimated amount of $8,000.00 Pak West Paper & Chemical in the estimated amount of $8,000.00 22.E. MICROFORMS READER/PRINTER AND MAINTENANCE - PUBLIC WORKS AGENCY - To Oce-Bruning, a division of Oce-U.S.A., Inc. in the estimated amount of $34,896.00 - Finance and Management Services SPEC 95-053 CITY COUNCIL MINUTES 340 DECEMBER 4, 1995 CONSENT CALENDAR 22.F. AUTOMOTIVE HOSES AND BELTS - To the following for a 12-month period with provision for two 12-month renewals - Finance and Management Services (Mayor Pulido abstained.) SPEC 95-057 Orange County Auto Parts in the estimated amount of $10,000.00 Southern California Jobbers, Inc. in the estimated amount of $3,000.00 Gateway Chevrolet in the estimated amount of $1,500.00 22.G. BOOK LEASING SERVICES - SANTA ANA LIBRARY - To McNaughton Book Service for a one-year period with provision for two 12-month renewals in the estimated annual amount of $29,659.20 - Finance and Management Services SPEC 95-069 PROJECTS -MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Requestfor Council Action. 23.A. TREE TRIMMING - VARIOUS STREETS - To Golden Bear Arborists in the amount of $64,925.65 - Public Works Agency (Councilmember Moreno abstained.) PROD 2187-1 23.13. TREE TRIMMING - VARIOUS STREETS - Removed for separate action. (See Minutes page 344.) 23.C. TREE TRIMMING - VARIOUS STREETS - Removed for separate action. (See Minutes page 344.) 23.D. ASPHALT CONCRETE TRENCH REPAIR - VARIOUS LOCATIONS - To Sully -Miller Contracting Co. in the estimated amount of $343,977.00 with total estimated construction cost of $446,380.00 - Public Works Agency PROJ 3164/65/66 23.E. ASBESTOS REMOVAL AND DEMOLITION OF STRUCTURES AT OLD CITY YARD - To JTL Environmental Remediation Group, Inc. in the estimated amount of $126,572.16 with total estimated cost of $152,430.00 - Public Works Agency PROJ 9202 CITY COUNCIL MINUTES 341 DECENIBER 4, 1995 CONSENT CALENDAR AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreemetit. 25.A. TRAINING SERVICES FOR PUBLIC BUSINESS, MANAGEMENT AND LEADERSHIP PROGRAM - Personnel Services With The Natural Management Institute in the amount of $10,750.00 AGMT 95-123 With Liebert, Cassidy & Frierson in the amount of $9,500.00 AGMT 95-124 With Edward C. Caprielian, Ph.D. in the amount of $12,600.00 AGMT 95-125 With Tri-Source Training Resources in the amount of $7,000.00 AGMT 95-126 25.13. LEASE EXTENSION - WESTEND POLICE SUBSTATION - 724 S. HARBOR - With Santa Ana Plaza Partners for the period November 1, 1995 - October 3, 1997 with a four -month notice cancellation option at the current monthly rate of $4,480.00 - Community Development Agency AGMT 95-127 25.C. LEASE EXTENSION - POLICE STORAGE - 410/412 W. 4TH STREET - With Steven J. Keiser for the period December 15, 1995 - December 14, 1996 at a new monthly rate of $3,126.19 which reflects a rent adjustment of three percent according to the Consumer Price Index - Community Development Agency AGMT 95-128 25.D. SANTA ANA FREEWAY MAINTENANCE - With Caltrans for locations modified by the I-5 Freeway widening project - Public Works Agency AGMT 95-129 25.E. TRAFFIC SIGNAL EQUIPMENT AND SYSTEM SUPPORT - With IDC Traconex/Multisonics as the sole source supplier in the estimated amount of $70,000.00 - Public Works Agency AGMT 95-130 25.F. LICENSE AGREEMENT - BICYCLE PATH - MACARTHUR BETWEEN SANTA ANA RIVER AND SUSAN STREET - With Southern California Edison for the sum of $150.00 per year over a ten-year period - Public Works Agency AGMT 95-131 25.G. ENVIRONMENTAL INVESTIGATION SERVICES (PROJ 7565B I AND 11) - OLD CITY YARD - With Leighton and Associates in an amount not to exceed $47,200.00 - Public Works Agency AGMT 95-132 CITY COUNCIL MINUTES 342 DECEMBER 4, 1995 CONSENT CALENDAR LAND USE MATTERS CONDITIONAL USE PERMITSNARIANCES/PARKING WAIVERS Motion: Receive and file staff reports as conditioned by staff and adopt the findings as submitted by staff. 3 LA. CUP 95-023 - 102 E. 17th Street - Filed by Gerald O'Connell to operate a 24-hour restaurant (Norms) in the General Commercial zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CUP 31.B. CUP 95-027 - 1651 W. Sunflower, Ste. B-21 - Filed by Gustaf Anders Restaurant to allow operation until 2:00 a.m. - Planning and Building Agency Planning Commission Action: Approval FILE CUP TENTATIVE PARCEL/TRACT MAPS Motion: Approve as conditioned by staff and adopt the findings as submitted by staff. 32.A PARCEL MAP 94-162 - 2323 & 2343 N. Tustin Avenue - Filed by Joseph C. Truxaw and Associates, Inc. to subdivide one commercial parcel into two parcels - Planning and Building Agency Zoning Administrator's Decision: Approval FILE PMAP * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR MINUTES Miles Leach asked the Council to include in the Minutes his comments at the November 6 meeting that MainPlace's name was misleading because the mall was located on the outskirts instead of the center of the city. He also questioned the propriety of the Council's voting on an item at a Study Session. Motion: Approve Minutes. 10.A. REGULAR MEETING OF NOVEMBER 6, 1995 MOTION: Espinoza SECOND: Richardson CITY COUNCIL MINUTES 343 DECEMBER 4, 1995 BUSINESS CALENDAR VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None Councilmember Espinoza indicated he disapproved of the Council's action of voting on an item at a study session. (See November 20, 1995 Minutes). Councilmember Moreno also expresssed his disapproval of the action. The City Attorney reiterated that the law allows the Council to take a vote at any regular meeting on any item listed on the Agenda. Motion: Approve Minutes. IO.B. REGULAR MEETING OF NOVEMBER 20, 1995 MOTION: Richardson SECOND: McGuigan VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Pulido, Richardson NOES: Moreno ABSENT: None PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES In response to Councilmember Moreno's query, Public Works Agency Executive Director Jim Ross clarified that Tree Trimming Projects 2178-2 and 2187-3 covered different trees and locations. Motion: Award in accordance with Request for Council Action. 23.B. TREE TRIMMING - VARIOUS STREETS - To Golden Bear Arborists in the amount of $43,988.40 - Public Works Agency PROJ 2187-2 MOTION: Mills VOTE: ABSENT SECOND: Moreno AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None None CITY COUNCIL MINUTES 344 DECEM 3ER 4, 1995 BUSINESS CALENDAR Motion: Award in accordance with Request for Council Action. 23.C. TREE TRIMMING - VARIOUS STREETS - To Golden Bear Arborists in the amount of $38,942.58 - Public Works Agency PROJ 2187-3 MOTION: McGuigan VOTE: AYES NOES ABSENT: None ORDINANCES/FIRST READING 50.A. Motion: SECOND: Mills Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ADOPTION OF 1994 UNIFORM CODES AND AMENDMENT OF VARIOUS SECTIONS OF THE MUNICIPAL CODE Place ordinance on first reading and cmthorize publication of title. ORDINANCE NS-2273 - An ordinance of the City of Santa Ana adopting the 1994 Editions of the Uniform Building Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Sign Code the Uniform Code for the Abatement of Dangerous Buildings, Appendix Chapter 1 of the Uniform Code for Building Conservation, the Uniform Solar Energy Code, and the Uniform Swimming Pool, Spa and Hot Tub Code, and the 1993 Edition of the National Electrical Code, with amendments - Planning and Building Agency 2. Adopt resohnion. RESOLUTION 95-081 - A resolution of the City Council of the City of Santa Ana making certain findings with regard to amendments to the 1994 Edition of the Uniform Plumbing Code and the 1993 Edition of the National Electrical Code - Planning and Building Agency MOTION: McGuigan SECOND: Lutz VOTE: AYES NOES ABSENT: None Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CA CITY COUNCIL MINUTES 345 DECEMBER 4, 1995 BUSINESS CALENDAR 50.13. ADOPTION OF THE 1994 EDITION OF THE UNIFORM FIRE CODE WITH AMENDMENTS Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2274 - An ordinance of the City of Santa Ana amending Article I of Chapter 14 of the Santa Ana Municipal Code, to adopt the 1994 Edition of the Uniform Fire Code with amendments - Planning and Building Agency MOTION: Moreno SECOND: McGuigan VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None FILE CA 50.C. ZOA 94-4 - REVISION OF ALLOWABLE USES AND DEVELOPMENT REGULATIONS IN THE CITY'S INDUSTRIAL ZONING DISTRICTS Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2275 - An ordinance of the City of Santa Ana amending Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana Municipal Code, to revise the Industrial Zone Regulations - Planning and Building Agency MOTION: Richardson SECOND: McGuigan VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None FILE CA 50.D. ZOA 95-6 - CONDITIONAL USE PERMIT - NEW MARKETS LESS THAN 20,000 SQUARE FEET WITH ALL-NIGHT OPERATIONS Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2276 - An ordinance of the City of Santa Ana amending Sections 41-365.5, 41-403, 41-412.5, 41-424.5, and 41-442.5 of the Santa Ana Municipal Code to require a conditional use permit for the all-night operation of small retail markets - Planning and Building Agency CITY COUNCIL MINUTES 346 DECEMBER 4, 1995 BUSINESS CALENDAR MOTION: Mills VOTE: ABSENT: RESOLUTIONS SECOND: Espinoza AYES: Espinoza, Lutz, Mills, Moreno, Pulido, Richardson NOES: None McGuigan FILE CA 55.A. CIVIC CENTER MEDICAL ARTS PROJECT INDENTURE OF TRUST Motion: Adopt resohilion. RESOLUTION 95-082 - A resolution of the City Council of the City of Santa Ana approving and authorizing execution of a Supplemental Trust Indenture Relating to its variable rate demand Industrial Development Revenue Refunding Bonds (Civic Center Medical Arts Project), 1992 Series A - Community Development Agency MOTION: Richardson SECOND: Moreno VOTE: AYES: Espinoza, Lutz, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: McGuigan FILE BOND 55.13. TRAFFIC SYSTEM MANAGEMENT PROGRAM REIMBURSEMENT Motion: Adopt resolution. RESOLUTION 95-083 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to enter into an agreement with the State of California, Department of Transportation, (CALTRANS) for state funding for two projects under FY 1994-1995 Traffic System Management Program - Public Works Agency MOTION: Moreno SECOND: Richardson VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None FILE CA RECESS 7:27 - 7:39 P.M. CITY COUNCIL MINUTES 347 DECEMBER 4, 1995 BUSINESS CALENDAR REPORTS 65.A. VOLUNTEERS IN PRESERVATION (VIP) CODE ENFORCEMENT PROGRAM Planning & Building Agency Community Preservation Coordinator Bruce Dunams gave an overview of the VIP program. Motion: I. Approve. Volunteers in Preservation Program to utilize Santa Ana resident volunteers in observing and documenting code violations for Community Preservation - Planning and Building Agency Direct the City Manager to meet ivith the SACEAISEIUto address employee concerns regarding volunteer workers. 3. Provide Council with a status report on the PIP Program after 6 months of implementation. MOTION: Mills SECOND: McGuigan VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None FILE CA Mayor Pro Tern Richardson requested staff provide him with an update on the Police Volunteer Program. 65.13. PROACTIVE RENTAL ENFORCEMENT PROGRAM - TOWNSEND-RAITT NEIGHBORHOOD Planning & Building Agency Executive Director Robyn Uptegrafl; Police Chief Paul Walters, and Community Development Agency Executive Director Cindy Nelson described their respective agencies' roles in the Proactive Rental Neighorhood Enforcement Program. Motion: Approve. Townsend-Raitt Neighborhood as the fifth inspection area of the Proactive Rental Enforcement Program - Planning and Building Agency FILE CA MOTION: Richardson SECOND: Lutz CITY COUNCIL MINUTES 348 DECEMBER 4, 1995 BUSINESS CALENDAR VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None PUBLIC HEARINGS 75.A. GPA 95-008 AND AMENDMENT APPLICATION 95-007 - DOWNTOWN BUSINESS DISTRICT FILED BY CITY OF SANTA ANA GENERAL PLAN AMENDMENT 95-008 to change the land use designation of property at 400-412 E. Fourth Street from Medium Density Residential (MR-15) to District Center (DC) AMENDMENT APPLICATION 95-007 to rezone 300 block E. Third (odd numbers only), 300 block E. Fourth (all properties), 300 block E. 5th (even numbers only), and 400-412 E. Fourth from General Commercial (C2) to Central Business (0) Legal Notice published in the Reeister and mailed on November 24, 1995 The Mayor opened the public hearing regarding General Plan Amendment 95-008 and Amendment Application 95-007 at 7:54 p.m. Presentation of staff reports and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: None There were no speakers on the matter. The Mayor closed the public hearing at 7:56 p.m. Motion: 1. Adopt resolution. RESOLUTION 95-084 - A resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan with regard to property located at the Southeast Corner of Fourth and French Streets (GPA 95-8) - Planning and Building Agency FILE GPA CITY COUNCIL MINUTES 349 DECEMBER 4, 1995 PUBLIC HEARINGS 2. Place ordinance on first reading and authorize publication of title ORDINANCE NS-2277 - An ordinance of the City of Santa Ana rezoning certain property located at Fourth and French Streets from the C2 (General Commercial) District to the C3 (Central Business) District (AA No. 95-07) - Planning and Building Agency FILE AMAP MOTION: Richardson SECOND: Espinoza VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson NOES: None ABSENT: None 75.B. GENERAL PLAN AMENDMENT 95-006 - 1913 W. EDINGER - GAS STATION AND MINI -MARKET FILED BY UNION OIL GENERAL PLAN AMENDMENT 95-006 to redesignate property at 1913 W. Edinger Avenue from Low Density Residential (LR-7) to General Business District (GBD) to allow rehabilitation of a gas station and the addition of a mini -market Legal Notice published in the Register on November 29, 1995 and mailed on November 21, 1995 The Mayor opened the public hearing regarding General Plan Amendment 95-006 at 8:00 p.m. Presentation of staff reports and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: None Salvador Juarez indicated he has no objection to the project at this time but would oppose an Alcoholic Beverage Control (ABC) license for the site. There were no other speakers on the matter. The Mayor closed the public hearing at 8:04 p.m. Motion: Adopt resohoion. RESOLUTION 95-085 - A resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan with regard to property located at 1913 West Edinger Avenue (GPA 95-6) - Planning and Building Agency CITY COUNCIL MINUTES 350 DECENIBER 4, 1995 PUBLIC HEARINGS MOTION: McGuigan Substitute Motion: Deny GPA 95-006. MOTION: Espinoza SECOND: Richardson SECOND: Moreno VOTE: AYES: Espinoza, Moreno NOES: Lutz, McGuigan, Mills, Pulido, Richardson ABSENT: None The substitute motion failed. Vote on original motion: VOTE: AYES: Lutz, McGuigan, Mills, Pulido, Richardson NOES: Espinoza, Moreno ABSENT: None 75.0 REFUNDING TAX-EXEMPT BONDS - HARBOR POINTE APARTMENTS - 1500 N. HARBOR BLVD. Public hearing to consider approval of the issuance and delivery by the Housing Authority of the City of Santa Ana of multi -family housing refunding bonds in the principal amount of Five Million Three Hundred Thousand Dollars ($5,300,000.00) to assist in the refinancing of the acquisition, construction and development of a 130-unit multi -family rental housing development commonly known as Harbor Pointe Apartments Legal Notice published in the Register on November 15, 1995 The Mayor opened the public hearing regarding the refunding tax-exempt bonds at 8:14 p.m. Presentation of staff reports and staff comments by Community Development Agency Executive Director Cindy Nelson Presentation of written communications by Clerk of the Council Janice C. Guy: None There were no speakers on the matter. CITY COUNCIL MINUTES 351 DECEMBER 4, 1995 PUBLIC HEARINGS The Mayor closed the meeting at 8:16 p.m. No City Council vote was taken; the City Council was required by federal regulations only to hold a public hearing on the refunding proposal (See Housing Authority Minutes of December 4, 1995). COUNCIL AGENDA ITEMS 85.A. FINANCE COMMISSION (MORENO) Motion: Instruct the City Attorney to prepare an ordinance providing for the establishment of a Finance Commission composed of 7 members who shall he appointed by City Council, meet the requirements of Charter Section 901, andpossess an academic degree in business and/or experience in owning/operating a business. MOTION: Moreno SECOND: Espinoza VOTE: AYES: Espinoza, Moreno NOES: Lutz, McGuigan, Mills, Richardson, Pulido ABSENT: None The motion failed. Substitute Motion: Authorize staff to prepare a recommendation for submission to Council to continue and expand the relationship with the Santa Ana Chamber of Commerce relative to the oversight of City finances. MOTION: Lutz VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Lutz, McGuigan, Mills, Pulido, Richardson Espinoza, Moreno RECESSED TO HOUSING AUTHORITY - 8:27 P.M. RECONVENED - 8:28 P.M. CITY COUNCIL MINUTES 352 DECEMBER 4, 1995 COMMENTS 90.A. PUBLIC COMMENTS Miles Leach opined that enforcement of speed limits was a better traffic mitigation measure than speed bumps; traffic problems were making people sell their homes; diverters were creating even more traffic; and traffic enforcement responsibility should fall more on Police and less on Public Works. Leach expressed concerns about Public Works procedures for polling neighborhoods on traffic plans. Sal Juarez referred to a recent Register newspaper article on "Ghost Town, Santa Ana" and contended that the problem was not created by illegal immigration but by lack of code enforcement and by competition from modern shopping centers; reported that a scaled -down Northgate Market proposal had been submitted to the City and asked Council to support the project; and stated he had decided to discontinue his neighborhood improvement volunteer efforts. Stan Long requested the December 18, 1995 Council Study Session in the Main Library with the Environmental and Transportation Advisory Committe (ETAC) be televised in order to increase public awareness of traffic issues and their mitigation process. (Councilmember Moreno asked the Council to grant the request. Councilmember Mills noted the logistical problems involved, encouraged interested residents to attend the December 18 Study Session at the Library, and suggested any ETAC procedural changes be presented at next month's regularly televised Council meeting.) Florence Leach opined that the Council vote on the Santa Ana 2000 Scholarship Fund at the November 20, 1995 Study Session was inappropriate and asked for written public disclosure on the administration and financing of the Scholarship Fund. Anne Long alluded to Stan Long's ETAC request above and opined the public was interested in knowing both the outcome of and reasons behind a Council vote. Mayor Pulido clarified that the Council will proceed with the December 18 Study Session as scheduled and that the Council would not be voting on ETAC issues until the next televised Council meeting. 90.B. CITY COUNCIL COMMENTS Councilmember Lutz reported that Council Services Manager Lorraine Lazarine was recuperating from major surgery; commended Police Captain Bruce Carlson, Sergeant Paul Gonsalves, Sergeant Dan Carr, and Officer Leo Carillo for their prompt action in resolving constituent complaints of loud, unruly parties; and wished everyone "Happy Holidays." CITY COUNCIL MINUTES 353 DECEMBER 4, 1995 Councilmember Mills: asked staff respond to the Logan Neighborhood Association's request for the City to remove a burned -out building on the northwest corner of Lincoln and Washington; clarified the November 20, 1995 Council vote reallocated the $300,000 Santa Ana 2000 Scholarship Fund by giving $100,000 to the Scholarship Fund (in addition to $600,000 the City had already set aside) and $200,000 to the City's Library programs; and explained this action was designed to address urgent Library budget problems and to benefit both college and K-12 students. Mayor Pro Tem Richardson: - reported that the Santa Ana Unified School District (SAUSD) won a California School Board Association Golden Bell Award for SAUSD's Healthy Tomorrows Program, a health screening program provided at Santa Ana elementary schools; - noted that SAUSD has won more Golden Bell Awards than any school district in the state; - announced a Historic French Park Model Block Open House at the 900 block of North French Street was scheduled for December 6, 1995 at 3:00 p.m., and - requested the Mayor adjourn the meeting in memory of recently deceased Harvey Nienow, a Santa Ana resident and patent attorney who served on the Boys & Girls Club Board of Directors for 20 years. Councilmember McGuigan reported on her attendance at a National League of Cities (NLC) session on Disaster Training and the Oklahoma City bombing incident, then asked City Manager Ream to provide Council with a report on Santa Ana's disaster preparedness program. In response to McGuigan's query, Planning & Building Executive Director Uptegraff announced that a staff presentation on the non -judicial board review process for code violations was on the January 2, 1996 Council meeting agenda. McGuigan delivered her annual holiday greetings and message to drive safely. Councilmember Moreno indicated he was going on vacation and would be absent from the December 18, 1995 City Council meeting, and wished everyone a Merry Christmas and a Happy New Year. Mayor Pulido cited several NLC sessions he found highly informative and suggested tapes of the sessions be made available to interested Councilmembers. Pulido also asked staff to investigate the feasibility of replicating a Dallas, Texas program that provides playgrounds in areas short on open space by temporarily closing off public streets at certain times for neighborhood recreational activities. CITY COUNCIL MINUTES 354 DECEMBER 4, I995 CLOSED SESSION - ROOM 147 - 9:12 P.M. - 9:17 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 December 4, 1995 Closed Session. 95.A. LIABILITY CLAIMS (G.C. Section 54956,95) Claimant: Robert Taylor, Claim No. 94-215 Agency Claimed Against: City of Santa Ana 95.13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G_C. Section 54956.9) Name of Case: Vu v. City of Santa Ana Orange County Superior Court Case No. 714651 CLOSED SESSION REPORT - COUNCIL CHAMBERS 95.A. LIABILITY CLAIMS (G.C. Section 54956.95) Motion: 1. Avlhorize settlemenls as follows: Claimant: Robert Taylor, Claim No. 94-215 Agency Claimed Against: City of Santa Ana, in the amount of $4,500.00. MOTION: Richardson SECOND: McGuigan VOTE: AYES: Espinoza, Lutz, McGuigan, Mills, Pulido, Richardson NOES: None ABSENT: Moreno ADJOURNMENT - 9:18 P.M. - In memory of Harvey Nienow To 5:30 p.m. on December 18, 1995 in the Library Conference Room, 26 Civic Center Plaza . A 4 J IceI ice C. Guy Clerk of the Council CITY COUNCIL MINUTES 355 DECEMBER 4, 1995