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Home My WebLink About02-01-1993MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 1, 1993 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:14 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tem TOM LUTZ LISA MILLS TED R MORENO RICK NORTON ROBERT L. RICHARDSON Absent: NONE STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council Absent: NONE PLEDGE OF ALLEGIANCE Led by Dr. Frances Williams, Rancho Santiago College, in honor of Black History Month PRESENTATIONS Proclamation declaring February 1993 as "Black History Month" presented by COUNCILMEMBER MORENO to Rancho Santiago College Black Student Union Vice President Ray Comer, Advisor to the Black Student Union Jeff Townsell, Board of Trustees President Brian E. Conley, Board Member Enriqueta Ramos, and Chancellor Vivian Blevins CITY COUNCIL MINUTES 44 I~EBRUARY 1, 1993 OATHS OF OFFICE Administered by the Clerk of the Council to: Marion C. Monkvic, Mayoral representative to the Environmental and Transportation Advisory Committee Michele Morrisey, Ward 3 representative to the Environmental and Transportation Advisory Committee Motion: CONSENT CALENDAR Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None MINUTES Motion: 1.A. ADMINISTRATIVE MATTERS Approve Minutes. ADJOURNED REGULAR MEETING OF JANUARY 12, 1993 (Abstained - Norton, Pulido) REGULAR MEETING OF JANUARY 19, 1993 (Abstained - Pulido) ADJOURNED REGULAR MEETING OF JANUARY 21, 1993 CITY COUNCIL MENUTES 45 FEBRUARY 1, 1993 BOARDS/COMMISSIONS/COMMITTEES 13.A. APPOINTMENTS Motion: Appoint. Larry Castellanos, 1311 N. Towner, recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Environmental and Transportation Advisory Committee for a first full term expiring November 30, 1996 FILE BC Dolores Gutierrez, 702 N. Euclid, recommended by COUNCILMEMBER NORTON as the Ward 6 representative to the Personnel Board for a partial term expiring November 30, 1994 (Replacing Cole) FILE BC Allan V. Guy, 1226 W. Sharon, recommended by COUNCILMEMBER NORTON as the Ward 6 representative to the Environmental and Transportation Committee for a partial term expiring November 30, 1994 FILE BC Patricia A. Heike, 1010 W. Santa Clara, recommended by COUNCILMEMBER MORENO as the Ward 1 representative to the Library Board for a second term expiring November 30, 1996 (Replacing McRea) FILE BC Sean H. Mill, 617 S. Starboard, recommended by COUNCILMEMBER MORENO as a representative to the Uniform Code Appeals Board for a partial term expiring November 30, 1994. (Replacing Gallardo) FILE BC James F. Tucker, 2062 S. Rene, recommended by COUNCILMEMBER NORTON as the Ward 6 representative to the Human Relations Commission for a partial term expiring November 30, 1994. FILE BC David Steve Valencia, 1421 N. Olive, recommended by COUNCILMEMBER LUTZ as a representative to the Uniform Code Appeals Board for a first full term expiring November 30, 1996 (Replacing Lutz) FILE BC 13.B. Motion: CITY COUNCIL APPOINTMENTS Appoint. COUNC1LMEMBER MORENO as the City's representative to Measure M Planning Forum Growth Management Area//8 (Replacing McGuigan) CITY COUNCIL MINUTES 4~ FEBRUARY 1, 1993 COUNCILMEMBER MORENO as alternate to Councilmember Richardson on the Foothill/Eastern Transportation Corridor Agency (Replacing McGuigan) COUNCILMEMBER MORENO as alternate to Councilmember Richardson on the San Joaquin Hills Transportation Corridor Agency (Replacing McGuigan) CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The January 19, 1993 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on January 13, 1993. 15.B. The January 21, 1993 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on January 15, 1993. 15.C. The Notice of Adjournment of the January 19, 1993 City Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:05 p.m. on January 19, 1993. 15.D. The Notice of Adjournment of the January 21, 1993 City Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:40 p.m. on January 21, 1993. 15.E. The January 26, 1993 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:30 p.m. on January 22, 1993. 15.F. The January 28, 1993 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:45 a.m. on January 26, 1993. 15.G. The Notice of Adjournment of the January 26, 1993 City Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:30 p.m. on January 26, 1993. 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 carded forward. If a Councilmember was absent from the previous meeting but present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences at the meeting are recorded as such. CITY COUNC1L MINUTES 47 FEBRUARY 1, 1993 21.A. NOISE REGULATIONS - SOUND MAKING OR AMPLIFYING DEVICES Motion: (Placed on first reading on January 19, 1993 by unanimous vote with Pulido absent.) Ordinance published in the O.C. Reporter on January 22, 1993 Place ordinance on second reading and adopt. ORDINANCE NS-2184 - An ordinance of the City of Santa Ana adding Section 10-153 to the Santa Ana Municipal Code, to prohibit the transmission of loud or raucous noise from sound making or amplifying devices - Police Department FILE BK BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Authorize purchase from sole source supplier. DATA TRANSMISSION SYSTEM FOR POLICE DEPARTMENT IN-CAR COMPUTERS - To Motorola Communications and Electronics, Inc. in the amount of $69,230.94 - Finance and Management Services SPEC 93-012 Motion: 2.B. Renew contract for the second one-year period. REPROGRAPHIC SERVICES - With Consolidated Reprographics in the estimated amount of $65,000.00 - Finance and Management Services SPEC 90-052 Motion: 2.C. Renew contracts as the first of two one-year renewals. COPIER MAINTENANCE - Finance and Management Services Agency SPEC 91-063 Contractor Micro Tech Services Image IV Systems, Inc. Eastman Kodak Company Est. Annual Amt. $ 6,092.00 10,884.00 19,224.00 CITY COUNCIL MINUTES 48 FEBRUARY 1, 1593 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. ALLEY IMPROVEMENTS - RECONSTRUCTION OF CIVIC CENTER DRIVE FROM POINSETTIA STREET TO SANTIAGO STREET - To Nobest, Inc. in the estimated amount of $325,635.25 with total estimated construction cost of $386,200.00 - Public Works Agency PROJ 7042/9231 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 12.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORIENT CORPORATION OF AMERICA, INC. - To reimburse Orient Corporation for construction of the Main Street Widening Project in the amount of $800,000.00 - Public Works Agency A-93-006 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CHEMICAL BANK OF NEW YORK - To provide interim financing of up to $20 million for Section 108 loans for the acquisition of property for the Bristol Corridor Project - Community Development Agency A-93-007 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BEAM, BROBECK AND WEST - Amendment to agreement for legal services in the matter of Sanchez et al. v City of Santa Aha to increase the fees to $175.00 per hour - City Attorney A-93-008 12.D. MANAGEMENT AND LEADERSHIP TRAINING SERVICES AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE NATURAL MANAGEMENT INSTITUTE - For training services in the amount of $4,200.00 - Personnel Services A-93-009 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TECHNOLOGY EXCHANGE CENTER - For training services in the amount of $1,400.00 - Personnel Services A-93-010 CITY COUNCIL MINUTES 49 FEBRUARY 1, 1~93 LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Approve Negative Declarations and file Findings of Facts. CUP 92-029 - 2910 S. Bristol - Filed by Fancher Development Services to permit a drive-through restaurant - Planning and Building Agency Planning Commission action: Approval FILE CUP VA 92-014 - 3330 W. Fifth - Filed by Hung Phat Associates for relief from the minimum commercial lot size and sideyard requirement for a proposed auto repair facility - Planning and Building Agency Planning Commission action: Approval FILE VA TENTATIVE PARCEL/TRACT MAPS Motion: Approve and file Notice of Exemption; find that the proposed subdivisions and the provisions for design and improvements are consistent with the General Plan; and approve subject to conditions in Planning Manager's report. PARCEL MAP 92-233 - 2521 W. McFadden - Filed by Coast Engineering to consolidate five lots into one parcel to facilitate the construction of a new retail building - Planning and Building Agency Zoning Administrator action: Approval FILE PMAP *** END OF CONSENT CALENDAR*** BUSINESS CALENDAR BOARDS AND COMMISSIONS 13.C. PRIVATE INDUSTRY COUNCIL APPOINTMENTS Motion: Appoint the following to the Private Industry Council: Joe Garcia as a Business representative for a second full term expiring February 1, 1997 Rifka Hirsch as a Community-based representative for a first full term expiring February 1, 1997 CITY COUNCIL MINUTES .~ FEBRUARY 1, ~ Tom Jackson as the Economic Development Corporation representative for a first full term expiring February 1, 1997 MOTION: Young SECOND: Richardson VOTE: A YES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None FILE BC RESOLUTIONS 35.A. DESTRUCTION OF RECORDS - POLICE DEPARTMENT Motion: Adopt resolution. RESOLUTION 93-009 - A resolution of the City Council of the City of Santa Ana approving the destruction of certain records in the Police Department - Police Department MOTION: Mills VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None FILE BK 35.B. Motion: SANTA ANA COUNCIL OF ARTS AND CULTURE (YOUNG) Adopt resolution. RESOLUTION 93-010 - A resolution of the City Council of the City of Santa Ana designating the Santa Ana Council of Arts and Culture as the City's official Ambassador of Arts and Culture - Clerk of the Council MOTION: Young VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None FILE BK CITY COUNCIL MINUTES 51 FEBRUARY 1, 1993 65.A. TRAVEL AND EXPENDITURE POLICIES (MILLS) Sean Mill, 617 S. Starboard, thanked Councilmember Mills for initiating the proposed travel and expenditure policy and urged the Council to adopt the policy. Tim Rush, 1408 N. Olive, commented that travel and other expenditures by the Council and staff on behalf of the City reflected the realities of the business world and cautioned the Council to avoid over regulation. Motion: Adopt the following administrative policies: 1. No recreational activity shall be charged to the City. 2. Cost for all meals related to out-of-area travel shall be limited to $50.00 per diem. 3. No staff-to-staff meals shall be charged to the City. 4. All out-of-state travel must be approved by the City Manager. 5. Meals for the City Council and Planning Commission, as a body, shall be discontinued. 6. All City credit cards must be returned and shall no longer be issued. MOTION: Mills SECOND: Moreno VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None COMMENTS 90.A. PUBLIC COMMENTS Debbie Friesner, 2522 19mc0n, representing the Morning Sunwood Neighborhood Association, reported the lengthy effort made by the Association to landscape the strip of land on Greenville from Warner to Segerstrom and requested Council assistance with the project. Motion: Authorize. Preparation of a funding plan and implementation schedule for a landscaping project on Greenville between Warner and Segerstrom for consideration by the Council in two weeks MOTION: Moreno SECOND: Lutz CITY COUNCIL MINUTES 52 FEBRUARY 1, 1993 VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None Robert Banuelos, 835 S. Newhope, reported that he and another Community Services representative and the Community Services Coordinator were being laid off as a result of City budget cuts and requested the City Council to solicit input from the employee unions as part of the budget review process. Miles Leach, 2025 W. Tenth Street, requested clarification concerning the use of eminent domain by the Community Redevelopment Agency and the City Council and was referred by the Mayor to the City Attorney for assistance. Florence Leach, 2025 W. Tenth Street, reminded the viewing audience of the up coming public hearing scheduled for Wednesday, February 17, 1993 at 5:30 p.m. in the Council Chambers regarding the citywide redevelopment project. The City Manager clarified that the hearing would be rescheduled to a later date to enable City staff to complete negotiations, and that date when determined would be publicized. RECESSED TO HOUSING AUTHORITY - 7:16 P.M. RECONVENED AND IMMEDIATELY RECESSED TO CLOSED SESSION - ROOM 147 - 7:16 P.M. The Clerk of the Council announced the City Council was recessing to Closed Session pursuant to: Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally and to which the City was a party, to wit: Gallo vs. City of Santa Ana (Worker's Compensation) Gonzales vs. City of Santa Ana, et al Parrish vs. City of Santa Aha (Worker's Compensation), and also pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters RECONVENED - COUNCIL CHAMBERS - 8:21 P.M. - All Councilmembers present CITY COUNCIL M1NUTES 53 FEBRUARY I, 1993 70.A. Motion: CLOSED SESSION REPORT Authorize settlements as follows: Gallo vs. City of Santa Ana (Worker's Compensation), stipulation in the amount of $10,220.00 Parfish vs. City of Santa Ana (Worker's Compensation), acceptance of $53,000.00 against the City's lien MOTION: Norton SECOND: Mills VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None ADJOURNMENT - 8:22 P.M. - To 5:30 p.m. February 4, 1993 in the Library Conference Room, Santa Ana Library, 26 Civic Center Plaza Clerk of the Council CITY COUNCIL MINUTES 54 FEBRUARY 1, Lq93