HomeMy WebLinkAbout12-06-1993MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
DECEMBER 6, 1993
CALLED TO ORDER
CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:10 P.M.
ATTENDANCE
PLEDGE OF ALLEGIANCE
PRESENTATIONS
COUNCILMEMBERS
Present:
DAN YOUNG, Mayor
MIGUEL A. PULIDO, Mayor Pro Tern
TOM LUTZ
PATRICIA A. McGUIGAN
LISA MILLS
TED R MORENO
ROBERT L. RICHARDSON
Absent: NONE
STAFF
Present:
DAVID N. REAM, City Manager
ROBERT J. WHEELER, Assistant City Attorney
JANICE C. GUY, Clerk of the Council
Absent: NONE
Santa Ana 2000 Update by Council Services
Manager Lorraine Lazarine
Environmental and Transportation Advisory
Committee Activity Update by Chairperson
Allan Guy and Vice-Chairperson Brett Franklin
CITY COUNCIL MINUTES 376 DECEMBER 6, 1993
CONSENT CALENDAR
Mayor Young announced the removal of Items 10.B. and 25.B. from the Consent Calendar
for separate action.
Clerk of the Council Janice C. Guy indicated that Supplemental Agenda Item 13.B. would be
included in the Consent Calendar.
Motion:
Approve staff recommendations on the following Consent Calendar Items.
MOTION: Mills
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Lutz
Lutz, McGuigan, Mills, Moreno, Pulido, Richardson,
Young
None
MINUTES
Motion:
10.A.
10.B.
ADMINISTRATIVE MATTERS
Approve Minutes.
ADJOURNED REGULAR MEETING OF NOVEMBER 15, 1993
REGULAR MEETING OF NOVEMBER 15, 1993 (See Minutes page 381)
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.
ll.A. AMENDMENT - SAMC CIVIL SERVICE REGULATIONS
Amendment to Santa Aha Municipal Code to bring City of Santa Ana employee
suspension standards into conformance with Federal Labor Standards Act
Ordinance placed on first reading on November 15, 1993 by 7/0 vote
Motion: Place ordinance on second reading and adopt.
CITY COUNCIL MINUTES 377 DECEMBER 6, 1993
CONSENT CALENDAR
ORDINANCE NS-2208 - An ordinance of the City of Santa Ana amending
Section 9-118 of the Santa Ana Municipal Code to provide that no employee
who is exempt from the requirements of the Fair Labor Standards Act shall be
subject to suspension without pay for any period of less than one week - City
Attorney and Personnel Services FILE BK
BOARDS/COMMISSIONS/COMMITTEES
13.A.
Motion:
APPOINTMENT
Appoint.
Bob Fisher, as the California State Employment Department representative to
the Private Industry Council (Replacing Estavillo) FILE BC
13.B.
APPOINTMENT
Motion:
Appoint.
Arlene Saralegui, 1345 Cabrillo Park Dr., C-12, recommended by
COUNCILMEMBER MORENO as the Ward 1 representative to the Board of
Recreation and Parks for a partial term expiring November 30, 1996 (Replacing
Considine) FILE BC
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A.
The November 15, 1993 City Council Agenda was posted on the door of the
Council Chambers, 22 Civic Center Plaza, at 12:00 noon on November 12,
1993.
15.B.
Patricia A. McGuigan's resignation from the Planning Commission effective
November 15, 1993 was posted on the door of the Council Chambers, 22 Civic
Center Plaza, at 12:00 noon on November 17, 1993.
CITY COUNCIL MINUTES 378 DECEMBER 6, 1993
CONSENT CALENDAR
BUDGETARY MATTERS
GRANTS/APPLICATIONS
21.A. APPLICATION - LAND AND WATER CONSERVATION FUNDS - SANTA
ANA ZOO IMPROVEMENTS
Motion: Adopt resolution.
RESOLUTION 93-092 - A resolution of the City Council of the City of Santa
Ana approving the application for Land and Water Conservation Funds for
Santa Ana Zoo improvements - Recreation and Community Services Agency
FILE BK
21.B. APPLICATION - HAZARD MITIGATION GRANT PROGRAM - SANTIAGO
PARK PARKING LOT IMPROVEMENTS
Motion: Adopt resolution.
RESOLUTION 93-093 - A resolution of the City Council of the City of Santa
Ana designating the agents of the City of Santa Ana with regard to an
application under the State of California Hazard Mitigation Grant Program -
Public Works Agency FILE BK
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Request for Council Action.
22.A. CITY HALL WINDOW RECAULKING - To Slater Waterproofing in the
amount of $53,838.00 - Finance and Management Services
SPEC 93-066
22.B.
LAMPS AND ELECTRICAL SUPPLIES - To the following:
West-Lite Supply Co. in the estimated amount of $14,436.00
Graybar Electrical Co., Inc. in the estimated amount of $3,482.00 - Finance and
Management Services SPEC 93-068
CITY COUNCIL MINUTES 379 DECEMBER 6, 1993
CONSENT CALENDAR
22.C.
TEMPORARY HELP SERVICES - VARIOUS DEPARTMENTS - To the
following for a 12-month period with provision for two one-year extensions:
Adia Personnel Services Inc. in the estimated amount of $81,000.00
Abigail Abbott Company Inc. in the estimated amount of $67,000.00
Select Temporary Services in the estimated amount of $51,000.00
Remedy Intelligent Staffing in the estimated amount of $35,000.00
Newport Staff Resources, Inc. in the estimated amount of $21,000 - Finance
and Management Services SPEC 93-079
22.D.
FIRE HYDRANTS AND EXTENSIONS - To the following for a one-year term
with provision for two one-year extensions:
HYDRANTS, EXTENSIONS - To Marden Susco, Inc. in the estimated amount
of $44,081.00 - Finance and Management Services SPEC 93-185
EXTENSIONS, REPAIR KITS - To Davis Taylor-Jett, Inc. in the estimated
amount of $1,391.00 - Finance and Management Services SPEC 93-185
AGREEMENTS
Moron:
Authorize the City Attorney to prepare and the Mayor and Clerk of the Council
to execute agreements.
25.A.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ENVIRONMENTAL CONTROL SYSTEMS, INC. - For demolition of and
asbestos removal from structures on Police Administration and Holding Facility
(Jail) site in the amount of $29,800.00 - Community Development Agency
A-93-137
25.B.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STATE OF
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY - Memorandum
of Understanding establishing a regional assistance center in the Civic Center
area for State permits, licenses, and variances - Planning and Building Agency
(See Minutes page 382) A-93-138
CITY COUNCIL MINUTES 380 DECEMBER 6, 1993
CONSENT CALENDAR
MISCELLANEOUS - BUDGET
29.A. PARTNERSHIP - ORANGE COUNTY HUMAN RELATIONS COMMISSION
Motion: Authorize payment.
City of Santa Ana's population-based share of the Orange County Human
Relations Commission's FY 93-94 $222,000 budget in the amount of $5,000.00
- Council Services FILE BK
LAND USE MATTERS
DEEDS - TRANSFER OF PROPERTY
Motion:
Approve deeds and authorize execution by City Manager and Clerk of the
Council of all necessary documents.
30.A.
GUTIERREZ, FRANK AND GLORIA - 1301, 1309, 1315, 1319, 1323, 1327,
1333, and 1337 S. Bristol - For Bristol Street widening in the amount of
$1,920,000.00 - Community Development Agency DEED 7694
7701
*** END OF CONSENT CALENDAR***
BUSINESS CALENDAR
MINUTES
IO.B.
REGULAR MEETING OF NOVEMBER 15, 1993
Miles Leach, 2025 W. Tenth Street, amplified upon City Charter-related questions he had
asked at the previous Council meeting regarding the appointment process that filled the
Councilmember seat vacated by Rick Norton, and opined that a special election should have
been held to fill the vacancy.
Councilmember Moreno requested staff to provide Council with a memo responding to
Leach's queries on both the residence requirements for candidates seeking to serve the
CITY COUNCIL MINUTES 381 DECEMBER 6, 1993
BUSINESS CALENDAR
unexpired term of former Councilmember Norton and the eligibility of individuals who had
previously served two consecutive full terms as Councilmember for appointment as a
Councilmember.
Motion: Approve November 15, 1993 Regular Council Meeting Minutes.
MOTION: Richardson SECOND: Pulido
VOTE:
AYES:
NOES:
Lutz, McGuigan, Mills, Moreno, Pulido, Richardson,
Young
None
ABSENT: None
AGREEMENTS
Councilmember McGuigan explained the proposed agreement would bring the convenience of
a "one-stop shop" to the public through a cooperative and coordinated effort of several
government agencies.
Motion: Approve.
25.B.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STATE OF
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY - Memorandum
of Understanding regarding a State permit processing center in the Civic Center
area - Planning and Building Agency A-93-138
MOTION: McGuigan SECOND: Pulido
VOTE:
AYES:
NOES:
Lutz, McGuigan, Mills, Moreno, Pulido, Richardson,
Young
None
ABSENT: None
ORDINANCES/FIRST READING
50.A. ZOA 93-001 - REVISED REGULATIONS - ADULT ENTERTAINMENT
BUSINESSES
Motion: Place ordinance on first reading and authorize publication of title.
CITY COUNCIL MINUTES 382 DECEMBER 6, 1993
BUSINESS CALENDAR
ORDINANCE NS-2209 - An ordinance of the City of Santa Ana amending
Sections 41-12.2, 41-12.3, 41-12.4, 41-191, and 41-685 of the Santa Ana
Municipal Code regulating the location of adult uses - Planning and Building
Agency
MOTION: McGuigan
SECOND: Moreno
VOTE:
A YES:
NOES:
Lutz, McGuigan, Mills, Moreno, Pulido, Richardson,
Young
None
ABSENT: None
50.B.
REGULATION OF CAMPING IN CIVIC CENTER AREA
The following individuals spoke in opposition to Item 50.B.
Brett J. Williamson, 477 Costa Mesa Street, Costa Mesa
Tim Carpenter, 202 W. 14th Street #B, representing HOUSING NOW
Motion: Table.
ORDINANCE NS-2210 - An ordinance of the City of Santa Ana adding Article
IX to Chapter 10 of the Santa Aha Municipal Code to regulate camping in the
Civic Center - City Attorney's Office
MOTION: Moreno
SECOND:
Motion died for lack of a Second.
After extensive discussion, Mayor Young requested the City Attorney to provide Council
with a report on sleeping and camping regulations in other civic center areas in Orange
County.
Motion: Place Ordinance NS-2210 on first reading and authorize publication of title.
MOTION: Mills
SECOND: Lutz
VOTE:
AYES: Lutz, McGuigan, Mills, Pulido, Richardson, Young
NOES: Moreno
ABSENT: None
FILE BK
CITY COUNCIL MINUTES 383 DECEMBER 6, 1993
RECESS - 7:37 P.M.
RECONVENED - 8:03 P.M. - All Councilmembers present except Young and Richardson
PUBLIC HEARINGS
75.A.
AMENDMENT APPLICATION 1063 AND VARIANCE 93-005
FILED BY RICHARD BOFFERDING
Amendment Application 1063 to rezone property located at 2002 W. First Street from the
M1 (Light Industrial) to the C2 (General Commercial) District to allow the addition of a
multi-tenant auto repair building
Variance 93-005 to permit a reduction in the minimum street setback and an eight-foot fence
in the front setback
Planning Commission recommended approval by a 7/0 vote on October 25, 1993.
Legal Notice mailed November 24, 1993 and published in O.C. Register November 26,
1993.
Mayor Pro Tem Pulido opened the public hearing on AA 1063 and VA 93-005 at 8:03 p.m.
Presentation of staff report and staff comments by Planning and Building Agency Executive
Director Robyn Uptegraff
Presentation of written comments by Clerk of the Council Janice C. Guy: None
There were no speakers on the matter.
Mayor Pro Tem Pulido closed the Public Hearing at 8:06 p.m.
Moron: 1.
Approve and file Notice of Exemption and place the following ordinance
on first reading and authorize publication of title:
ORDINANCE NS-2211 - An ordinance of the City of Santa Ana rezoning
certain property located at 2002 West First Street from the M1 (Light Industrial)
District to the C1 (Community Commercial) District (AA No. 1063)
FILE AMAP
CITY COUNCIL MINUTES 384 DECEMBER 6, 1993
PUBLIC HEARINGS
2. File Findings of Fact as conditioned by staff.
VA 93-005 - 2202 W. First Street - Filed by Richard Bofferding to permit a
reduction in the minimum street setback and an eight-foot fence in the front
setback at a multi-tenant auto repair facility - Planning and Building Agency
Planning Commission Action: Approval FILE VA
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT:
SECOND: Lutz
Lutz, McGuigan, Mills, Moreno, Pulido
None
Richardson, Young
RECESSED TO THE HOUSING AUTHORITY - 8:06 P.M.
RECONVENED - 8:07 P.M. - All Councilmembers present except Young and Richardson
8:08 P.M. - Councilmember Richardson rejoined the meeting.
COMMENTS
90.A. PUBLIC COMMENTS
Bernie LaChapelle, 1346 Rene, spoke in opposition to a Utility Users Tax increase,
commended Councilmember Richardson for proposing a county-wide approach to the
homeless issue, and requested a contact person for the "Healthy Tomorrows" program.
Mayor Young referred LaChapelle to Council Services Manager Lorraine Lazarine as the
"Healthy Tomorrows" contact person.
The following individuals expressed concerns that the Willard permit parking district had
created a shortage of parking spaces for residents of multi-unit buildings:
Sky Bassett, 511 E. Washington
Mario Ricaurte, 1502 N. Van Ness
Ricky Breeh, 1506 N. Van Ness
CITY COUNCIL M1NUTES 385 DECEMBER 6, 1993
The following individuals spoke in support of permit parking districts in general and the
French Court permit parking district in particular:
James Marquez, 1603 N. French
James Kendrick, 1323 N. Spurgeon, French Court Neighborhood
Association Chair
Mayor Pro Tem Pulido requested City Manager Ream to look into the issues raised by the
preceding speakers.
The following individuals expressed concerns about certain business practices of the City's
contracted animal shelter services provider, Grand Pet Care Center, and asked the Council to
take corrective action:
Rita Corpin, 315 E. Myrtle Street
Eileen Pinder, 211632 Newland, Huntington Beach
Sue Bird, 2110 E. Catalina
Yolanda Macias, 14309 Manecito Way, La Habra
Karen Derecho, 302 Sunrise Creek, Costa Mesa
Councilmember Richardson asked City Manager Ream and Police Chief Paul Walters to look
into the matter and provide Council with a report on business practices in other animal
shelters.
Councilmember Moreno recommended that detailed animal care and business procedures be
included in the next Request For Proposal for the City's animal shelter contract.
Councilmember McGuigan suggested that copies of Animal Control Supervisor John Riles'
report prepared in response to previously cited concerns be made available to interested
parties.
The following individuals spoke on the health hazards associated with smoking and expressed
support for anti-smoking regulations:
Ralph Bocchetti, 1331 S. Broadway
A1 Chavez, 933 S. Figueroa
Marc Kruse, 1401 E. Beechwood
Ruth Hatch, 300 W. 2nd Street #361
Councilmember Mills requested staff to provide Council with an update on other Orange
County cities' anti-smoking regulations.
John Raya spoke on greater parental responsibility as a way of keeping the youth away from
gangs, asked the City to stop selling confiscated weapons to the public, and encouraged more
restitution programs for juvenile offenders.
CITY COUNCIL MINUTES 386 DECEMBER 6, 1993
In response to Councilmember McGuigan's inquiry, Police Chief Walters explained the
mechanics of the disposition of guns confiscated as Police evidence.
Councilmember Moreno suggested the City forego revenue from the sale of guns.
Florence Leach, 2025 W. 10th Street, requested the City fly the flag at half-mast on
December 7, 1993 in commemoration of Pearl Harbor Day.
90.B. COUNCILMEMBER COMMENTS
Councilmember McGuigan congratulated Police Chief Walters on the inaugural ceremonies
of the City's new detention facility and encouraged residents not to drink and drive,
particularly during the holiday season.
Councilmember Richardson:
thanked Miles Leach, a survivor of the 1941 attack on Pearl Harbor, and other
veterans for their service on the occasion of Pearl Harbor's December 7th
anniversary;
indicated John Raya's call for more restitution programs for vandals was being
addressed by the Police Department's Victim-Offender Reconciliation Program;
reported on the Jerome Center "Safe Haven" Program Open House over the
weekend;
noted the "Project Pride" staff was working with Juvenile Court to include
parental counseling as a condition for granting probation to juvenile offenders;
saluted the Advanced Placement (AP) Government class of Santa Ana High
School for its Los Angeles Times letter to the editor on the youth who are
making a positive difference in the community; and
requested a meeting with Recreation and Community Services Executive
Director Allen Doby to discuss how the City could develop an "Adopt-a-Park"
program with Dianne McGann's Science Club at Santa Ana High School.
Councilmember Moreno requested staff to provide Council with a report on the recent gang
summit meeting; congratulated Police Chief Walters on the opening of the new detention
center; and asked staff to prepare a letter commending the organizers of the Times Holiday
Parade.
Mayor Pro Tem Pulido requested Police Chief Walters to continue an aggressive information
and enforcement campaign regarding the illegal discharge of firearms.
CITY COUNCIL MINUTES 387 DECEMBER 6, 1993
RECESS TO CLOSED SESSION - 9:35 P.M. ROOM 147
The Clerk of the Council announced that the City Council was recessing to Closed Session
pursuant to:
Government Code Section 549567.6 to meet with its designated representatives
regarding labor relations matters; and
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:
Smith vs. Amtrak et al
RECONVENED - COUNCIL CHAMBERS - 9:45 P.M. - All Councilmembers present
except Young
95.A. CLOSED SESSION REPORT
Motion: Authorize settlement as follows:
Smith vs. Amtrak et al in the amount of $100,000.00 (City of Santa Ana's
Share)
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: Young
SECOND: Lutz
Lutz, Mills, McGuigan, Moreno, Pulido, Richardson,
None
ADJOURNED - 9:48 P.M.
Assistant Clerk of the Council
To 7:30 p.m. on December 17, 1993 at the home of
Mayor Pro Tem Pulido, 1413 S. Garnsey for City
Council Christmas Potluck Dinner
CITY COUNCIL MINUTES 388 DECEMBER 6, 1993