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HomeMy WebLinkAbout02-02-1998MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 2, 1998 CALL TO ORDER ATTENDANCE CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:07 P.M. COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern (6:10 p.m.) BRETT FRANKLiN TOM LUTZ (6:10 p.m.) PATR1C1A A. McGUIGAN TED R MORENO Absent: TONY ESPINOZA STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney JAN1CE C. GUY, Clerk of the Council MOMENT OF SILENCE in honor of' Police Department Firing Range Master Joseph S. Boyd killed accidentally in the line of duty PLEDGE OF ALLEGIANCE INVOCATION Chaplain David Mitchell Police Department EMPLOYEE AWARDS MAYOR PULIDO 25 Years of Service Bruce R. Carlson Police Captain Police Department CITY COUNCIL MINUTES 27 FEBRUARY 2, 1998 43 Years of Service Wilma Miles Sr. Accounting Assistant Public Works Agency PRESENTATIONS City Seal Tile presented by MAYOR PULIDO to Assemblyman Jim Morrissey Mayor's Exceptional Citizen Award presented by MAYOR PUL1DO to Pacific Symphony Orchestra Vice President and Executive Director Louis G. Spisto Proclamation commending Taller San Jose on its receipt of the National Community Development Association's 1998 Audrey Nelson Community Development Achievement Award for its exemplary program to educate and employ Hispanic youth presented by MAYOR PRO TEM RICHARDSON to Taller San Jose Director Sister Eileen McNerney and several Taller San Jose program participants Certificates recognizing Mater Dei High School cheerleaders for winning their consecutive title at the National Cheerleaders Association Championship competition presented by COUNCILMEMBER MCGUIGAN to Advisor John Merino and the following Mater Del Monarch squad members: Mary Beth Boese Devon DeFrauk Christina Dully Tiffany Felix Meredith Fite Donny Fox Jos6 Galeano Alyson Hekimian Ricardo Llamas Adam MacKay Anne Maggio Michael Medina Jenna Murphy lrazmi Perez Lisa Politowski Shelby Rabara Cristina Serrano Diana Shea Danny Sofranko Plaque recognizing her outstanding efforts in helping low income families of the community presented by Southwest Community Center Board President John Collins to COUNC1LMEMBER MCGUIGAN SPOTLIGHT ON BUSINESS Certificate recognizing Dennis Mitosinka's Classic Car and Appraisal Service located at 619 E. Fourth Street for its expertise in classic car appraisals and its unique collection of rare showroom classics presented by COUNCILMEMBER FRANKLiN to business owner Dennis Mitosinka CITY COUNCIL MINUTES 28 FEBRUARY 2, 1998 SPECIAL PRESENTATION Cable Television Update - Recreation and Community Services Executive Director Cleve Williams In response to Councilmember Moreno's inquiry as to whether the City could object to Comcast Cablevision's request to the Federal Communications Commission for an exemption from rate regulation, the Mayor indicated he would send a letter to the Commission stating the City's objections. Councilmembers commented regarding possible programming and system improvements. CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Abstention on Item 30.A. by Mayor Pulido. 2. Abstention on Item 22.D. by Councilmember Moreno. 3. Removal of Items 22.L., 23.A., 23.B, 25.C., and 25.D for separate action. 4. Addition ora formal acknowledgement of the receipt of"Report to Santa Ana City Council, Cable Television Services" (Agenda Item 19.B.) and an excused absence for Councilmember Espinoza (Item. 19 C.). Consent Motion: Approve staff recommendations on the followhlg Consent Calemtar Items. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Espinoza SECOND: Lutz Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None Items remo'¥ed for separate action are highlighted and show lhe actual vote. were passed as part oftheconsent motion. Items without votes ADMINISTRATIVE MATTERS MINUTES Motion: 10.A. BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT AS OF JANUARY 28, Approve Minutes. REGULAR MEETING OF JANUARY 20, 1998 1997 CITY COUNCIL MINUTES 29 FEBRUARY 2, 1998 CONSENT CALENDAR Motion: CLERK OF Motion: 15.A. 15.B. Instruct Clerk to enter report into the Minutes. Community Redevelopment/Housing Commission Human Relations Commission Library Board Planning Commission Private Industry Council TOTAL 2 2 3 1 9 THE COUNCIL POSTING REPORT Instruct Clerk to enter nolice of posting into the Mqnutes. The January 20, 1998 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 2:00 p.m. on January 14, 1998. John R. Hanna's resignation from the Planning Commission by letter dated January 20, 1998 effective imlnediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:30 p.m on January 20, 1998. MAYORAL PROCLAMATIONS Motion: Declare and inslruct Clerk lo enter proclamations into the l~[inutes. 16.A. Declaring January 10, 1998 as "Three Kings Day" in the City of Santa Ana and commending United Western Medical Centers on its campaign to promote healthy lifestyles and introduce its CalHispanic Medical Group physicians to Santa Ana residents 16.B. Declaring January 24, 1998 as "Marjorie Deneke Day" in the City of Santa Ana and commending MaEjorie for her outstanding volunteerism to Western Medical Center/Santa Ana and the community 16.C. Declaring February 1-7, 1998 as "Nike Girls Only Sports Week" in the City of Santa Ana and commending the Nike Corporation for partnering xvith the Boys & Girls Clubs of America to create the Girls Only Sports Program 16.D. Commending the Second Baptist Church on its 75a' anniversary on February 7, 1998 of outstanding ministry and faithful service to the Afro-American community 16.E. Recognizing the grand opening on January 31, 1998 of the nexv McDonald's Restaurant at 3600 W. McFadden in Santa Aha CITY COUNCIL MINUTES 30 FEBRUARY 2, 1998 CONSENT CALENDAR MISCELLANEOUS - ADMINISTRATION Motion: 19.A. B Motion: Receive and file reporls. Quarterly Report of the City's Investments as of December 31, 1997 - Finance and Management Services FILE CA Rep,,ll lo % .,i. i .\n.i ('2:', C ol.m'll. ( re,lc Fe e~!sion Se~ices!l dated ~anua~ tg; Excltse absence. 20.A. Motion: BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS APPROPRIATION ADJUSTMENT 98-119 - WELFARE-TO-WORK 1. Approve aDl;roprialion ctdjltsttllellt. (Requires five affirmative voles') Recognizing $95,200.00 in unanticipated contract funding from the County of Orange Welfare-to-Work grant and appropriating same to the Santa Ana WORK Center - Finance and Management Services FILE CA 2. Direct the Cily Attorney to prepare ct~d the Mayor altd Clerk of the Council STATE OF CALIFORNIA WELFARE-TO-WORK FUNDING - With the County of Orange in the amount of $95,200.00 - Community Development Agency AGMT 98-008 22.A. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Award ill accordance with Requesls for Council Action. PERIODICAL SUBSCRIPTION SERVICE - LIBRARY - To Ebsco Subscription Services for a one-year rene~val in an amount not to exceed $35,020.00 - Finance and Management Services SPEC 94-065 CITY COUNCIL MINUTES 31 FEBRUARY 2, 1998 CONSENT CALENDAR 22.B. BOOK LEASING SERVICES - LIBRARY - To McNaughton Book Service for a one-year renewal in an amount not to exceed $19,576.00 - Finance and Management Services SPEC 95-069 22.C. WATER METERS - PUBLIC WORKS AGENCY - To the following for a one- year renewal in the estimated annual amounts indicated - Finance and Management Services SPEC 95-173 Badger Meter, Inc. Precision Meters, Inc. $23,383.00 59,122.00 22.D. DESKTOP COMPUTERS, PRINTERS, LAPTOPS AND OTHER PERIPHERAL COMPUTER EQUIPMENT - To the following vendors for a two-year period with provision for three one-year renewals in a cumulative amount not to exceed $1.82 million in the first year for all qualified firms - Finance and Management Services (Councilmember Moreno abstained.) SPEC 97-092 Direct Manufacturers Value Added Resellers Dell Computer Corporation Gateway 2000, Inc. Micron Electronics, Inc. Intergraph Corporation En Pointe Technologies, Inc. Comp USA, Inc. Vanstar Corporation 22.E. EXTENDED CARGO MINIVAN - POLICE DEPARTMENT - To Wondries Chevrolet in the amount of $20,317.34 - Finance and Management Services SPEC 97-121 22.F. TELESCOPIC ARTICULATING AERIAL TRUCK - PUBLIC WORKS AGENCY - To Altec Industries, Inc. under the City of Milpitas Partnership agreement in the amount of $66,803.00 - Finance and Management Services SPEC 97-123 22.G. PERSONAL CARE ITEMS - SANTA ANA HOLDING (JAIL) FACILITY - To the following in the amounts indicated - Finance and Management Services SPEC 97-124 Bob Barker Co., Inc. International Shaving Systems, Inc. Leslee Scott, Inc. $10,927.00 9,066.00 1,506.00 22.H. PVC PIPE - WATER RESOURCES DIVISION - To P & F Distributors for a two- year period with provision for two one-year renewals in the estimated annual amount of $100,453.00 - Finance and Management Services SPEC 97-128 CITY COUNCIL MINUTES 32 FEBRUARY 2, 1998 CONSENT CALENDAR 22.1. FIREFiGHTER PROTECTIVE TURNOUT CLOTHiNG - To L.N. Curtis & Sons using the City of Carlsbad's contract in the amount of $52,437.08 - Finance and Management Services SPEC 98-008 22.J. PURCHASE & INSTALLATION OF TORSION HiNGES - JOHN GARTHE RESERVOIR - Amendment to contract with J & R Concrete Products in the amount of $3,100.00 - Finance and Management Services SPEC 98-009 22.K. CARDIAC MONITOR/DEFIBRILLATORS - FIRE DEPARTMENT - To Laerdal Medical Corporation using the El Centro Regional Medical Center contract in the amount of $93,623.98 - Finance and Management Services SPEC 98-012 I I()l .DING I':\('II.ITY Councilmember Moreno opined the janitorial services contract should be re-bid rather than awarded to the second lowest bidder. Administrative Services Manager Francisco Gutierrez indicated the option of re-bidding had been rejected due to the immediate need for services. Motion: 1. Withdrcnv contract. From CCECO, inc. due to the company's inability to meet specifications - Finance and Management Services SPEC 96-044 2. Award contract To Empire Maintenance Co., Inc. for a one-year period only in the estimated annual amount of $225,000.00 - Finance and Management Services SPEC 96-044 MOTION: Moreno SECOND: Franklin VOTE: AYES: Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: Espinoza 22.M. PRE-PLACEMENT PHYSICALS AND PERIODIC MEDICAL SERVICES Motion: 1. Ame.d current COllll'acl. With East Edinger Medical Center by an estimated amount of $3,000.00 for a total of $30,256.00 - Finance and Management Services SPEC 93-064 CITY COUNCIL MINUTES 33 FEBRUARY 2, 1998 CONSENTCALENDAR 2. Rellew COtlIFaC[. With East Edinger Medical Center for a one-year period in the estimated annual amount of $31,000.00 - Finance and Management Services SPEC 93-064 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES BI~,()%I)\V.\YI\IPI~,()','I'\II NiS .l'l\'l( ('I.\I'E~DR!~ETOS~ ('I..\R.\ .\\ I'\l.l' Councilmembers Moreno and Franklin reinforced the need for proceeding with the improvements to this "first impression (of Santa Aha) corridor." Public Works Agency Executive Director Jim Ross responded to specific questions concerning the project. Motion: Award bid i, accorda,ce w/th Request for Cou,cil Action. To All American Asphalt in the estimated alnount of $163,300.00 with a total estimated construction cost of $206,100.00 - Public Works Agency PROJ 2197 MOTION: Richardson SECOND: Lutz VOTE: AYES: Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: Espinoza GI~5. NI) A~ ENUE SEWER IMPI~.O\"EMENTS - SI:(.()NI) S 1REE l TO REGIS'I'ER \VAY Councilmember McGuigan requested that storm drain covers for the project be changed from vented to non-vented to prevent inflow of rain water into the sanitary sewer system. Motion: Modify prc?jecl 379ecificalions to require non-vet~ling storm drain covers and award bid itt accorda.ce w/Ill ]~eqltexl fof Cou.cil A clioll. To Vasilj Construction, Inc. for unit bid prices pursuant to Schedule A in the estimated amount of $I43,007.00 with a total estimated construction cost of $193,000.00 - Public Works Agency PROJ 3088 CITY COUNCIL MINUTES 34 FEBRUARY 2, 1998 CONSENT CALENDAR MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Espinoza SECOND: Richardson Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None AGREEMENTS Motion: Direct the City Attontey to prepare and the Mayor a.d Clerk of the Council to execute agreements 25.A. LEASE ADDENDUM - EMPLOYMENT SERVICES SUMMER YOUTH PROGRAM - 500 W. SANTA ANA BOULEVARD - With James A. Carter for a seven-month period at the rate of $1.10 per square foot with total rent not to exceed $3,634.40 per month - Community Development Agency AGMT 98-009 25.B. FAIRVIEW STREET WIDENING PROJECT - SANTA ANA RIVER TO STATE ROUTE 22 (PROJ 1579) - SECOND AMENDMENT - With The Planning Center to include extending the project's southern terminus to Fifth Street (a distance of approximately 2,000 feet), in the amount of $34,855.00 for a total contract amount not to exceed $279,132.00 - Public Works Agency AGMT 98-010 Jim Lee requested a meeting to discuss the cancellation of K Lee Gifts' tenancy at the Regional Transportation Center in favor of a lease of K.Lee's space to Foster Assessment Center & Testing Service (FACTS). Community Development Agency Executive Director Cindy Nelson and Cathy Stotts from FACTS explained that FACTS provided a complementary service to the City's W/O/R/K Center (also housed at the Transportation Center). Following discussion by Councilmembers, Mayor Pro Tem Richardson requested a study of uses that would serve both travelers and the W/O/R/K Center at the Transportation Center. Motion: Continue consideration (d'agreemettt to l:ebrua~y 1 7, 1998 Council meeting With Foster Assessment Center & Testing Service (FACTS) for a one-year period with option for two one-year renewals in the monthly amount of $1,773.00 - Community Development Agency AGMT 98-011 MOTION: Richardson SECOND: Moreno CITY COUNCIL MINUTES 35 FEBRUARY 2, 1998 CONSENT CALENDAR VOTE: AYES: Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson NOES: None ABSENT: Espinoza I*,1!..\1. I'.h'I'..VI'I~ P,I~I.()('.\ I'ION SI R\ ICI .S - Bills I ()1. S'I'P,I'.I I' WII)I':N~G ¢ SI'.('()NI) .\.MI:NI)M! .5, I' Councilmember Moreno expressed concern that award of the contract to Pacific Relocation Consultants, the employer of one of the City's Planning Commissioners, would result in the appearance ora conflict of interest and announced his intention to vote against the contract. The City Attorney indicated that although the Planning Commissioner was employed by Pacific Relocation Consultants, he had no involvement in the Bristol Street project and as such did not have a conflict. Motion: Direct the City A tlorney to pret)are attd the Mayor and Clerk of the Council to execute agreement. With Pacific Relocation Consultants to increase contract amount by $130,000.00 in order to complete relocation efforts and expedite demolition of buildings, with the total contract not to exceed $265,000.00 - Public Works Agency AGMT 98-012 MOTION: Richardson SECOND: McGuigan VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: Moreno ABSENT: Espinoza 25.E. REAL ESTATE ACQUISITION SERVICES - BRISTOL STREET WIDENING - FIRST AMENDMENT - With Cutler and Associates, Inc. to increase the amount by $75,000.00 for a total contract not to exceed $175,000.00 - Public Works Agency AGMT 98-013 25.F. SECURITY AUDIT OF THE CITY'S COMPUTER NETWORK - With International Network Services in an amount not to exceed $80,000.00 - Finance and Management Services AGMT 98-014 25.G. COMPUTER CONSULTING SERVICES - RECORDS AND JAIL MANAGEMENT SYSTEM - With Michael Lewellen for a one-year period in an amount of $50.00 per hour not to exceed $104,000.00 - Police Department AGMT 98-015 CITY COUNCIL MINUTES 36 FEBRUARY 2, 1998 CONSENT CALENDAR 25.H LEGAL SERVICES ON AN AS-NEEDED BASIS - To the following in the hourly rates indicated: Philip Eaton & Associates $ 100.00 Kinkle, Rodiger & Spriggs I15.00 Gibbons & Conley 125.00 Murtaugh, Miller, Meyers & Nelson 125.00 Kaufman, Fox & Sohagi 190.00 AGMT 98-016 AGMT 98-017 AGMT 98-018 AGMT 98-019 AGMT 98-020 Motion: LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY Approve deed¥ and authorize execulion by Mayor and Clerk of the Council of all necessary docttmenlx. 30.A. PACIFIC RETAIL TRUST - 2140 S. Bristol quitclaiming abandoned water and sewer line easements - Public Works Agency DEEDS 7846 (Mayor Pulido abstained.) 7847 FINAL PARCEL / TRACT MAPS Motion: At)prove fimd parcel mai; and accet)t the dedications thereon. 33.A. PARCEL MAP 95-180 - 3731 W. Warner Ave. - Subdivides 11.12 acres of partially improved industrial property into two parcels - Public Works Agency FiLE CA END OF CONSENT CALENDAR * * * 13.B. Motion: BUSINESS CALENDAR BOARDS/COMMISSIONS/COMMITTEES PRIVATE INDUSTRY COUNCIL APPOINTMENTS 1. Al)point theft)l/owing as Privale Sector Buxinexx reprexeniaiives. Colleen O'Hara-Bufllngton for a second term expiring February 28, 2002 David Hemingway for a second term expiring February 28, 2002 Gregory N. Lewis for a first term expiring February 28, 2002 CITY COUNCIL MINUTES 37 FEBRUARY 2, 1998 BUSINESS CALENDAR 2. Al)point the following Public Sector rel)resenlaiives:. John M. Didion, Santa ~a College, as the Education Representative for a partial term expiring February 29, 2000 (Replacing Hernandez) Jolyn Turner as the State Department of Rehabilitation representative for a first term expiring February 28, 2002 (Replacing Pagan) Peggy Crawford-Dougherty as the Employment Development Department representative for a first term expiring February 28, 2002. 3. Ralify al)l)oiotment. David Hemingway as Chair of Private Industry Council For 1998 MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Espinoza SECOND: Lutz Franklin, Lutz, McGuigan, Moreno, Pulido, None Richardson FILE BC ORDINANCES FIRST READING 50.A. ZOA 98-01 - AM2END SPECIFIC DEVELOPMENT 60 USES - TEMPORARY NEW CAR SALE FACILITIES Place ordinance on firxt reading and authorize ].~llb/iC~ltiOtl Of lille. ORDINANCE NS-2344 - An ordinance of the City of Santa Aha amending Specific Development Plan No. 60 to set a maximum time limit for temporary oft}ce structures built ancillary to new car dealerships - Planning and Building Agency Motion: MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Espinoza SECOND: Richardson Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None FILE CA CITY COUNCIL MINUTES 38 FEBRUARY 2, 1998 BUSINESS CALENDAR REPORTS 65.A. Motion: 1998 CITY HALL EXPANSION PROJECT Receive and file reporl. 1988 City Hall Expansion Project Certificates of Participation Sale - Finance and Management Services MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Espinoza SECOND: Richardson Franklin, Lutz, moreno McGuigan, Pulido, Richardson FiLE CA PUBLIC HEARINGS 75.A. GENERAL PLAN AMENDMENT 97-05 - EIR 97-01 - LAND USE ELEMENT FILED BY CITY Public hearing to consider ENVIRONMENTAL IMPACT REPORT 97-01 and GENERAL PLAN AMENDMENT 97-05 to provide a comprehensive revision to the Land Use Element of the General Plan Legal Notice published in the Orange County Register and mailed on January 23, 1997 The Mayor opened the public hearing regarding Environment hnpact Report 97-01 and General Plan Amendment 97-05 at 7:56 p.m. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: None The following persons expressed opposition to particular portions of General Plan Amendment 97-05: Stephanie Plukarski David Nickey Kent Schlick James Kendrick Frank Sariol Veronica Ruiz Mario Ruiz Roland Mendez Patrick Mufioz Frank Lara CITY COUNCIL MINUTES 39 FEBRUARY 2, 1998 PUBLIC HEARlNGS The Mayor closed the public hearing at 8:35 pm. Motion: Amend Land Use Element lo desi&q~ate the area alonglst Street east of the Santa Aha Freeway as Professional/Administrative Office; and adopt resohttions. RESOLUTION 98-007 - A resolution of the City Council of the City of Santa Ana certifying Final Environmental hnpact Report No. 97-01, adopting the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Considerations for the Land Use Element of the General Plan - Planning and Building Agency RESOLUTION 98-008 - A resolution of the City Council of the City of Santa Ana approving General Plan Amendment 97-05 approving the Land Use Element of the General Plan - Planning and Building Agency MOTION: Richardson VOTE: AYES: NOES: ABSENT: Espinoza SECOND: Franklin Franklin, Lutz, McGuigan, Moreno, Pulido, Richardson None FILE CA Councihnember Lutz requested the Fire Chief meet with Mayor Pro Tern Richardson, Dave Nickey and himself regarding issues raised by Nickey during the public hearing. Mayor Pulido suggested individuals with land use concerns contact the Councilmembers for assistance. 75.B. GENERAL PLAN AMENDMENT 97-06 - E1R 97-02 - CIRCULATION ELEMENT - FILED BY CITY Public hearing to consider ENVIRONMENTAL 1MPACT REPORT 97-02 and GENERAL PLAN AMENDMENT 97-06 to provide a comprehensive revision to the Circulation Element of the General Plan Legal Notice published in the Orange County Register and mailed on January 23, 1997 The Mayor opened the public hearing regarding Environmental Impact Report 97-02 and General Plan Amendment 97-06 at 8:50 p.m.. Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written communications by Clerk of the Council Janice C. Guy: None There were no speakers on the matter. CITY COUNCIL MINUTES 411 FEBRUARY 2, 1998 PUBLIC HEARINGS The Mayor closed the public hearing at 8:52 p.m. Motion: l. Adopt resolutions. RESOLUTION 98-009 - A resolution of the City Council of the City of Santa Ana certifying Final Environmental Impact Report No. 97-02, adopting the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Considerations for the Circulation Element of the General Plan - Planning and Building Agency RESOLUTION 98-010 - A resolution of the City Council of the City of Santa Ana approving General Plan Amendment No. 97-06 approving the Circulation Element of the General Plan - Planning and Building Agency MOTION: Lutz SECOND: Richardson Substitute Motion: Amend the Circulalion l'~/ement to de/ere the proposed light rail route and adopt Resolutions 98- 009 a~td 98- 010. MOTION: Moreno SECOND: McGuigan Following discussion, Councilmember McGuigan withdrew her second and the Motion died for lack of second. 2'a Substitute Motion: Amend the Circulation Element Io include all a/lernate light rail routes discussed at the .]anu~oy 20 Council Work &tidy Session and adopl Resolutions 98-009 and 98-010. MOTION: Lutz SECOND: Richardson VOTE: AYES: Franklin, Lutz, McGuigan, Pulido, Richardson NOES: Moreno ABSENT: Espinoza FiLE CA RECESS - COMMUNITY REDEVELOPMENT AGENCY FOLLOWED IMMEDIATELY BY THE HOUSING AUTHORITY - 9:29 P.M. - 9:31 P.M. COMMENTS 90.A. PUBLIC COMMENTS John Raya reported the T.KO Boxing Club in conjunction with the Recreation, Parks and Community Services Agency was hosting a "Heart of Champions" youth boxing tournament on February 14, 1998 at the Salgado Community Center and invited everyone to attend. CITY COUNCIL MIN UTES 41 FEBRUARY 2, 1998 Desi Reyes requested more resources be allocated to street repairs in the upcoming City budget and suggested the Police Department's policy of requiring exact change was inconvenient for customers. Paul Le requested he be granted a fee waiver for permits at 806 S. Bristol Street and asked the Council to review and amend the Code requirement that properties abandoned for a year meet current Zoning Code standards when they are reoccupied. Nancy Fernandez reported a lack of notice by City staff regarding the status of a housing rehabilitation contractor she had employed to improve her property at 2402 N. Louise Street and requested Council assistance in resolving problems with the contractor. Mayor Pro Tem Richardson requested Community Development Agency Executive Director Cindy Nelson meet with Ms. Fernandez to discuss the issue and report her findings to the City Council. Parks and Recreation Board Member James Kendrick invited everyone to attend Santa Ana's Black History Parade scheduled to begin at 10:00 a,m. on February 7. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno: requested the Council discontinue scheduling study sessions outside of the Council Chambers for the 2'~a regular Council meeting of each month and instead hold such sessions at a 3''a evening meeting of the Council; criticized the Clerk of the Council and several staff members for providing what he felt was inappropriate and disproportionate assistance to the Mayor as opposed to that provided other Councilmembers; requested the Clerk's responsibilities be reviewed during Closed Session at the next Council meeting; and asked the City Manager to provide him with a copy of the duties of the Assistant to the City Manager. Councilmember Richardson: noted Fire Chief Martin had been elected President of the Orange County Fire Chiefs Association and applauded staff members who serve as officers in their professional organizations; expressed appreciation to both the Police Department gang unit and Fire Station 5 personnel for outstanding duty performances; noted the Santa Ana Historical Society would hold its annual dinner at the Hacienda Restaurant on February 6 and encouraged listeners to call 541-3927 for tickets; CITY COUNCIL MINUTES 42 FEBRUARY 2, 1998 thanked staff for carrying out the recent Heninger Park alley clean-up; and acknowledged Police Department Range Master Joe Boyd's death as a significant loss to the City. Councilmember McGuigan: reported Public Works Agency Executive Director Jim Ross had been elected President of the Public Works Department of the League of California Cities; announced she had brought cookies to fulfill a commitment arising from a "Three Kings Day" celebration she had attended on behalf of the Mayor at Western Medical Center; commented on the success of St. Barbara's Church recent festival, noted the 2''a Baptist Church would shortly celebrate its 75th Anniversary, and expressed the hope that the weather would not be inclement for the Black History Parade; and congratulated Juan Lara and Salgado Center staff members on the recent favorable article regarding the Center published by the Los Angeles Times. Councilmember Lutz: noted the recent opening of Wal'Mart at Harbor and McFadden and encouraged the audience to visit the new store; indicated two single family homes would be constructed on a long vacant lot on N. Van Ness Street; and congratulated John and Michelle MacDowell on the birth of their son Samuel Brewster MacDowell. Councilmember Franklin: reported his attendance on a Fire Station 5 ride-along and commended the Department for excellent fire protection in Santa Aha; congratulated the Chicano Poet Society on its recent successful reading at the Ruben Martinez bookstore in Downtown Santa Ana; noted the land lease for Edna Park had been renexved for another twenty years; indicated a new MacDonald's Restaurant had opened in the Wal'Mart store; and commented that study sessions xvere open to the public, held in different locations throughout the City, and conducted in a "working" environment that facilitates communications. CITY COUNCIL MINUTES 43 FEBRUARY 2, 1998 Mayor Pulido: indicated he had been in contact with State Secretary of the Office of Child Development and Education Marian Bergeson who had advised him of the availability of funding for which several of Santa Ana's projects might qualify, and suggested staffcontact the Orange County Public Education Office for information; requested the City Manager provide the Council with information regarding La Mexicana Market's plans to expand; noted an apparent proliferation of pushcarts extending stays in neighborhoods and asked staffto step up Code enforcement; and reported possible sign violations by Dearden's located at First and Broadway. CLOSED SESSION- ROOM 147- 9:55 P.M.- 10:07 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 February 2, 1998 Council meeting. 95.A. CONFERENCE WITH LEGAL COUNSEL - EX1STING LITIGATION pursuant to Government Code Section 54956.9(a) Jose Pulido, et al v. City of Santa Aha Case No. K014388-RK Gilbert Arevalos v. City of Santa Aha Case No. Unassigned Charles Johnson v. City of Santa Ana Case Nos. VN0 0354989, 4990, 4994, 4995, 4997 & 87ANAl92777 Odebrecht Contractors of California, Inc. vs. Flat Iron Constructors, et al. OCSC Case No. 765870 CLOSED SESSION REPORT - COUNCIL CHAMBERS - 10:07 P.M. Motion: Authorize setl/elllelll& 95.A. CONFERENCE WITH LEGAL COUNSEL - EX1STING LITIGATION pursuant to Government Code Section 54956.9(a) Gilbert Arevalos v. City of Santa Aha Case No. Unassigned, stipulation in the amount of $23,205.00 Charles Johnson v. City of Santa Aha CITY COUNCIL MINUTES 44 FEBRUARY 2, 1998 Case Nos. VN0 0354989, 4990, 4994, 4995, 4997 & 87ANAl92777, compromise and release in the amount of $62,500. Odebrecht Contractors of California, lnc. vs. Flat Iron Constructors, et al. OCSC Case No. 765870, in the amount of $50,000.00 MOTION: Lutz SECOND: Richardson VOTE: AYES: Franklin, Lutz, Pulido, Richardson NOES: None ABSENT: Espinoza, McGuigan, Moreno ADJOURNMENT - 10:08 P.M. - In memory of Range Master Joseph S. Boyd of the Santa Ana Police Department Clerk of the Council CITY COUNCIL MINUTES FEBRUARY 2, 1998