HomeMy WebLinkAbout10-07-1991MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
OCTOBER 7, 1991
CALLED TO ORDER
CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:08 P.M.
ATTENDANCE
COUNCILMEMBERS
Present:
DAN YOUNG, Mayor
MIGUEL A. PULIDO, Mayor Pro Tern
(6.'26p.m.)
JOHN ACOSTA
DANIEL E. GRISET
PATRICIA A. McGUIGAN
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
PRESENTATION
Proclamation declaring October 13 through 18,
1991 as "Hunger Awareness Week" to focus
attention on ending childhood hunger,
presented by COUNCILMEMBER ACOSTA to
the Salvation Army's Orange County Business
Administrator, Warren Johnson
CITY COUNCIL MINUTES 285 OCTOBER 7, 1991
Motion:
CONSENT CALENDAR
Approve the following Consent Calendar Items.
MOTION: Richardson
VOTE: AYES:
NOES:
ABSENT: Pulido
SECOND: Acosta
Acosta, Griset, McGuigan, Norton, Richardson, Young
None
MINUTES
Motion:
1.A.
1.B.
Approve Minutes.
REGULAR MEETING OF SEPTEMBER 16, 1991
ADJOURNED REGULAR MEETING OF SEPTEMBER 25, 1991
Motion:
2.A.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Award in accordance with Request for Council Action.
MOBILE CAR WASHING SERVICES - To Acquired Taste Detailing Service
for a one-year period with provisions for two one-year extensions in the
estimated annual amount of $38,220.00 - Finance and Management Services
SPEC 91~056
PROJECTS ~ MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC
FACILITIES
Motion:
3.A.
Award in accordance with Request for Council Action.
SLURRY SEAL PROGRAM FY 91-92 - To Roy Allan Slurry Seal, Inc. in the
estimated amount of $828,140.45 with total estimated project costs of
$883,125.00 - Public Works Agency PROJ 2163
GRAFFITI REMOVAL SERVICE CITYWIDE - To Graffiti Control System in
an annual amount not to exceed $300,000.00 - Public Works Agency
PROJ 2168
CITY COUNCIL MINUTES 286 OCTOBER 7, 1991
3.Co
3oD°
TREE PLANTING (PHASE XV) - VARIOUS STREETS - To Bemus
Landscaping in the amount of $7,552.00 - Public Works Agency
PROJ 2713
TREE PLANTING (PHASE II) - VARIOUS STREETS - To Empire Landscape
in the amount of $11,340.00 - Public Works Agency PROJ 7050
ALCOHOLIC BEVERAGE CONTROL APPLICATIONS
Motion: Receive and file.
5.Ao
DILLON-LAVIE, Marcelo - "Ciao" - 216 W. Third St., Person-to-person, type
41 On-sale beer & wine, public eating place
Police: No protest
Planning: No action required
BARBA, Ezequiel and Maria - "El Cortez" - 1100 S. Grand Ave., Person-to-
person transfer, type 47 On-sale general, public eating place
Police: Protest based on applicants' mismanagement and moral character
Planning: No action required FILE 405
FINAL PARCEL/TRACT MAPS
Motion: Approve final tract map.
iO.A.
TRACT MAP 14005 - 5012, 5014, AND 5016 W. Hazard Avenue - Subdivides
0.43 acre of land into three condominium lots on one parcel for the
development of three residential condominiums - Public Works Agency
FILE 625.30
AGREEMENTS
Motion: Authorize City Attorney to prepare and Mayor and Clerk to execute agreements.
12.A.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA
ANA UNIFIED SCHOOL DISTRICT - Subordinate agreement for a structural
analysis of the City water tower on the French Street site (District Office) -
Community Development Agency A-91-111
12.B.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA
ANA UNIFIED SCHOOL DISTRICT - For expansion of the Drug Awareness
Resistance Education (DARE) program by one officer in an amount not to
exceed $25,000.00 - City Manager's Office A-91-112
CITY COUNCIL MINUTES 287 OCTOBER 7, 1991
12.C.
12.D.
12.E.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE STATE
OF CALIFORNIA - Utility Agreement 12077 for the relocation of City water
mains required by the widening of Interstate 5, in the estimated cost of
$267,765.00 - Public Works Agency A-91-113
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE STATE
OF CALIFORNIA - Utility Agreement 12098 for the relocation of a City water
main required by the widening of Interstate 5, in the estimated cost of
$118,840.00 - Public Works Agency A-91-114
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE STATE
OF CALIFORNIA - For Utility Agreement 12078 with the Department of
Transportation for the relocation of a City sewer main required by the widening
of I-5 Freeway with estimated costs of $2,648.00 - Public Works Agency
A-91-115
BOARDS/COMMISSIONS/COMMITTEES
Motion:
Accept resignation with regret; direct Clerk to post vacancy; authorize
preparation of appropriate recognition for service to the City.
13.A.
Bill Mack, 2616 S. Diamond, from the Redevelopment Commission (Term
expires 11/30/92) FILE 110.15
UNINVESTIGATED LIABILITY CLAIMS
Motion: Refer to administration for processing.
14.A. CLAIMS RECEIVED FROM SEPTEMBER 7, 1991 TO SEPTEMBER 27,
1991 - Clerk of the Council FILE 415
Motion:
15.A.
CLERK OF THE COUNCIL POSTING REPORT
Instruct Clerk to enter notice of posting into the Minutes.
The September 16, 1991 City Council Agenda was posted on the door of the
Council Chambers, 22 Civic Center Plaza at 8:00 a.m., September 12, 1991.
CITY COUNCIL MINUTES 288 OCTOB~ 7, 1991
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. Ifa
Councilmember was absent at the previous meeting, but is present for this meeting and does
not declare otherwise, his/her vote is recorded as affirmative. Absences at this meeting are
recorded as such.
21.A.
LOW INCOME EXEMPTION LEVEL FOR UTILITY USERS TAX
(Placed on first reading on September 16, 1991, by 7/0 vote.)
Ordinance published in the O.C. Reoorter on September 20, 1991
Motion: Place ordinance on second reading and adopt.
ORDINANCE NS-2147 - An ordinance of the City of Santa Ana amending
Section 36-165 of the Santa Ana Municipal Code to provide that the level of the
low income household exemption for the Utility Users Tax shall be set by
resolution of the City Council - Finance and Management Services
FILE 310
BUDGET ADJUSTMENTS
60.A.
APPROPRIATION ADJUSTMENT 92-085 - POLICE FACILITY
Motion: 1. Approve. (Requires five affirmative votes.)
APPROPRIATION ADJUSTMENT 92-085 - Transferring $1,791,500.00 from
account 82-178-6911-Workers Compensation Fund to account 51~343-6621-
Police Administration and Holding Facility Project FILE 310.05
Direct City Attorney to prepare and Mayor and Clerk to execute
agreement.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HELLMUTH,
OBATA & KASSABAUM - For architectural/engineering services for the
Police Administration Building and Holding Facility in an amount not to exceed
$3,291,500.00 - Police Department A-91-116
*** END OF CONSENT CALENDAR***
CITY COUNCIL MINUTES 289 OCTOBER 7, 1~91
BUSINESS SESSION
BOARDS/COMMISSIONS/COMMITTEES
CITY REPRESENTATION ON MEASURE M PLANNING FORUMS
13.B.
Motion:
Appoint the following representatives:
Growth Management Councilmember
Area Delegate Alternate
//2 Robert L.Richardson John Acosta
#3 Daniel H. Young Miguel A. Pulido
//7 Daniel H. Young Miguel A. Pulido
//8 Patricia A.McGuigan Rick Norton
MOTION: McGuigan SECOND: Richardson
VOTE: AYES:
NOES:
Acosta, Griset, McGuigan, Norton, Richardson, Young
None
ABSENT: Pulido FILE 150.10
ORDINANCES/FIRST READING
25.A.
AMENDMENT - PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)
The following statement was read into the record to comply with Government Code Section
7507 by the Clerk of the Council:
The total cost of providing the benefit will be dependent on the number of
eligible employees. Cost per employee may range from 32% to 56% of salary.
The estimated average cost for a city employee is $18,720.00.
Motion: 1. Adopt resolution.
RESOLUTION 91-092 - A Resolution of the City Council of the City of Santa
Ana declaring intention to approve 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 (PERS)
FILE 510
CITY COUNCIL MINUTES 290 OCTOBER 7, 1991
2. Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2148 - 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 A-91-117
MOTION: Griset
SECOND: Acosta
VOTE:
AYES: Acosta, Griset, McGuigan, Norton, Richardson, Young
NOES: None
ABSENT: Pulido
RESOLUTIONS
35.A. CLOSURE OF ROSS STREET BETWEEN WALNUT AND CHESTNUT
AVENUES
Motion: Adopt resolution.
RESOLUTION 91-093 - A resolution of the City Council of the City of Santa
Ana authorizing the closure of Ross Street between Walnut Street and Chestnut
Avenue to vehicular traffic between the hours of 7:00 a.m. and 4:00 p.m. on
days when Santa Aha High School is in session - Public Works Agency
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: Pulido
SECOND: Richardson
Acosta, Griset, McGuigan, Norton, Richardson, Young
None
FILE 1040
Councilmember Richardson asked the City Manager to explore the possibility of designating
Walnut Street adjacent to Santa Ana High School "one-way," and also requested staff work
with the Santa Ana Unified School District concerning any additional traffic changes which
would enhance the personal safety of those attending or working at the High School.
CITY COUNCIL MINUTES 291 OCTOBER 7, 1991
35.B.
Motion:
VEHICLE PURSUIT POLICY
Adopt resolution.
RESOLUTION 91-094 - A resolution of the City Council of the City of Santa
Ana adopting the Vehicle Pursuit Policy of the Santa Aha Police Department -
Police Department
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: Pulido
SECOND: Richardson
Acosta, Griset, McGuigan, Norton, Richardson, Young
None
FILE 715
35.C.
Motion:
CHARITABLE PAYROLL DEDUCTIONS
Adopt resolution.
RESOLUTION 91-095 - A resolution of the City Council of the City of Santa
Ana establishing criteria for charitable payroll deductions, repealing Resolution
No. 79-172, and authorizing United Way of Orange County North/South and the
Environmental Federation of California to conduct charitable fund drives among
City employees - Finance and Management Services
MOTION: Richardson
SECOND: Acosta
VOTE:
AYES: Acosta, Griset, McGuigan, Norton, Richardson, Young
NOES: None
ABSENT: Pulido
FILE 310
PUBLIC HEARINGS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - BRISTOL
WIDENING PROJECT; APPROPRIATION ADJUSTMENTS 92-064, 92-065
Proposal to amend the FY 91-92 Final Statement, to recognize additional grant revenue and
to reallocate funds from Windsor Park Concession Stand Project 7816 to Jerome Park
Concession Stand Project 7814
Legal notice published in the Register on September 27, 1991
CITY COUNCIL MlNIJTES 292 OCTOBER 7, 1991
The Mayor opened the public hearing at 6:20 p.m. regarding the proposal to amend to the
Fiscal Year 91-92 Final Statement of the Community Development Block Grant Program for
the Bristol Widening Project, to recognize additional grant revenue, and to reallocate funds
from the Windsor Park Concession Stand Project to the Jerome Park Concession Stand.
Presentation of staff report and staff comments by: Cindy Nelson, Executive Director,
Community Development Agency
Presentation of written comments by Janice C. Guy, Clerk of the Council: None
There were no speakers on the matter.
The Mayor closed the public hearing at 6:22 p.m.
Motion: 1. Approve.
Amendment to FY 91-92 Final Statement to allow for a $20 million Section 108
loan to fund the Bristol Street Widening project FILE 610.05
2. Authorize.
City Manager to submit the Section 108 loan guarantee application and any
subsequent amendments to the U.S. Department of Housing and Urban
Development FILE 610.05
3. Approve. (Requires five affirmative votes.)
APPROPRIATION ADJUSTMENT 92-064 - Transferring $1,000 from account
135-01-5350-CDBG Revenue to account 135-140-6911-PROJ 7596-
Contingency FILE 310.05
APPROPRIATION ADJUSTMENT 92-065 - Transferring $87,470.00 from
account 135-149-6631-PROJ 7816 Windsor Concession Stand to account 135-
149-6631-PROJ 7814 Jerome Concession Stand and $87,470.00 from account
301-232-6631-PROJ 6245-Recreation/Community Svs. Jerome Park Concession
Stand to account 301-232-6631-PROJ 6244 Recreation/Community Svs.
Windsor Park Concession Stand FILE 310.05
MOTION: Richardson
VOTE: AYES:
NOES:
ABSENT: Pulido
SECOND: Young
Griset, McGuigan, Richardson, Young
Acosta, Norton
CITY COUNCIL MINIJTES 293 OCTOBER 7, 1991
Motion failed due to insufficient votes to approve the Appropriation Adjustments.
Motion: Continue consideration to October 21, J991.
Community Development Block Grant Program Amendments
MOTION: McGuigan SECOND: Richardson
6:26 P.M. - Councilmember Pulido joined the meeting.
Substitute Motion: Set complete rehearing on October 21, 1991.
Community Development Block Grant Program Amendments
MOTION: Young
VOTE: AYES:
NOES:
ABSENT: None
SECOND: Acosta
Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
None
75.B. BIRTCHER XEROX CENTER DEVELOPMENT AGREEMENT
Proposal to amend the development agreement for the Birtcher Xerox Centre located at 1851
E. First Street in the C2 District
Legal notice published in the Register and mailed on September 26, 1991
The Mayor opened the public hearing regarding the proposal to amend the Development
Agreement for the Birtcher Xerox Center at 6:30 p.m.
Presentation of staff report and staff comments by: Ken Adams, Planning Manager,
Planning and Building Agency
Presentation of written comments by Janice C. Guy, Clerk of the Council: None
Jerry King, representing Birtcher Xerox Partners, spoke in favor of the amendment.
There were no other speakers on the matter.
The Mayor closed the public hearing at 6:35 p.m.
CITY COUNCIL MINUTES 294 OCTOBER 7, 1991
Motion:
Approve and file Negative Declaration and place ordinance on first reading and
authorize publication of title.
ORDINANCE NS-2149 - An ordinance of the City of Santa Ana approving an
amendment to the development agreement between the City of Santa Ana and
Xerox Centre Partners (formerly Birtcher Xerox Partners) for Xerox Centre -
Planning and Building Agency A-91-118
MOTION: McGuigan SECOND: Norton
VOTE:
A YES:
NOES:
Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
None
ABSENT: None FILE 625
COMMENTS
90.A.
PUBLIC COMMENTS
Richard Moyer, 2302 N. Baker, and Blair O'Cailaghan, 2214 N. Greenleaf, expressed
concern regarding the potential traffic impacts on their neighborhood from CalTrans'
scheduled closing of the La Veta overcrossing on October 14, 1991 and suggested that
vehicles be diverted to 17th Street to prevent the intrusion of through-traffic into their
neighborhood.
Following discussion and suggestions by Councilmembers, the Mayor requested the City
Manager meet with representatives of the neighborhood to explore possible solutions to the
impending traffic problem.
Florence Leach, 2025 W. Tenth Street, suggested that the City should have undertaken a
Citywide traffic study suggested sometime earlier by Councilmember Acosta in order to
avoid approaching traffic problems on a piece-meal basis. She also expressed concern that
the City would have to issue bonds to repay the $20 million dollar loan from the Section 108
fund for the Bristol Street Widening Project. The City Manager explained that no bonds
would be issued by the City for this project, and that the loan would be repaid out of future
Community Development Block Grant allocations to the City.
Miles Leach, 2025 W. Tenth Street, observed that the Mayor's suggestions were generally
only opposed by two Councilmembers and expressed the opinion that Santa Ana's
government resembled that of Stalin and Hitler. He also suggested that recommendations of
staff needed to be more fully explored by the Council.
CITY COUNCIL MINUTES 295 OCTOBER 7, 1991
James McGuigan, 5642 Keelson, commented on the following Comcast Cablevision issues:
* Pending plans to scramble basic cable programs and retier cable services;
* Elimination of a "lifeline" basic cable service for limited income residents;
* Sale of VCR Plus to its customers at a price in excess of the going rate at local
discount stores.
Councilmember McGuigan suggested that members of the public be permitted to ask
questions of David Barford, General Manager of Comcast Cablevision at an upcoming public
hearing scheduled for November 4, 1991.
RECESSED TO HOUSING AUTHORITY AND IMMEDIATELY RECONVENED -
7:03 P.M.
90.C.
CITY COUNCIL COMMENTS
Councilmember Richardson requested that Public Works Agency staff update him regarding
parking issues at the Wycliff Plaza Building on October 8, 1991.
Councilmember Pulido endorsed the action taken by the Council to include the
Environmental Federation of California among those organizations permitted to conduct
charitable fund drives among City employees (see Minutes page 292.) He also urged City
staff to develop creative solutions to protect the integrity of the Northwest Neighborhood
during the LaVeta overcrossing reconstruction.
Councilmember McGuigan urged neighborhood association representatives to attend the
upcoming meeting of the Santa Ana Beautiful Committee scheduled for Wednesday, October
19, 1991 beginning at 5:30 p.m. in the Recreation and Parks Office in the Orange County
Transit Tower on West Fifth Street.
Councilmember Acosta requested that the title of Item 75.A. be amended on the next Council
Agenda to reference the Bristol Corridor Project. At his request, the City Manager indicated
he and other Councilmembers would be notified about any traffic meetings concerning the
Santa Clara Neighborhood between Bristol and Broadway.
Mayor Young requested that Code Enforcement investigate a perpetual yard sale at the
intersection of Rosewood and Segerstrom. Executive Director Planning and Building Agency
Robyn Simpson indicated staff would investigate the matter and noted that a weekend hot line
number (714) 647-5853 for Code Enforcement was now in effect.
CITY COUNCIL MINUTES 296 OCTOBER 7, 1991
RECESSED TO CLOSED SESSION - ROOM 147 - 7:12 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:
Scharf vs. City of Santa Ana (Worker's Compensation)
Sobraske vs. City of Santa Ana (Worker' Compensation)
Lazaro vs. City of Santa Ana
Tyler vs. City of Santa Ana
Batten vs. City of Santa Ana
and pursuant to:
Government Code Section 54957 to consider personnel matters, i.e., the annual performance
review required by City Charter Section 705 for the Clerk of the Council.
Note: Said performance review was conducted.
RECESSED - 8:06 P.M.
RECONVENED - COUNCIL CHAMBERS - 8:12 P.M. - All Councilmembers present.
70.A. CLOSED SESSION REPORT
Motion: Authorize settlements as follows:
Sobraske vs. City of Santa Ana (Worker's Compensation), in the amount of
$29,925.00.
Scharf vs. City of Santa Ana (Worker's Compensation), in the amount of
$26,145.00.
MOTION: Pulido SECOND: Richardson
VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young
NOES: None
ABSENT: None
CITY COUNCIl. MINUTES 297 OCTOBER 7, 1991
ADJOURNMENT - 8:13 P.M.
Clerk of the Council
CITY COUNCIL MINUTES 298 OCTOBER 7, 1991