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HomeMy WebLinkAbout06-01-1992MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 1, 1992 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:17 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern JOHN ACOSTA DANIEL E. GRISET PATRICIA A. McGUIGAN RICK NORTON (6:28 P.M.) ROBERT L. RICHARDSON Absent: NONE STAFF Present: DAVID N. REAM, C/ty Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council Absent: NONE PLEDGE OF ALLEGIANCE SPECIAL PRESENTATIONS Presentation by 72nd District Assemblymember Tom Umberg of a $129,062 grant for the Santa Ana Zoo from the California Department of Parks and Recreation to MAYOR YOUNG Certificate of Recognition presented by MAYOR YOUNG to Assemblymember Umberg for his assistance in securing the above grant for the City of Santa Ana CITY COUNCIL MINUTES 159 JUNE 1, 1992 PRF_~ENTATIONS OATHS OF OFFICE Proclamation declaring June 1, 1992 as "John Garthe Day," presented by MAYOR YOUNG to former Mayor John Garthe for his long and outstanding service to the City Proclamation recognizing the 1992 celebration of the Orange County Fair Centennial, presented by MAYOR YOUNG to Larry Arnold, President of the Orange County Fair Board of Directors Certificate of Recognition presented by MAYOR YOUNG to Santa Ana Firefighter Lenny Edelman, who was shot in the line of duty during the recent Los Angeles riots City Seal Plaque presented by COUNCILMEMBER ACOSTA to Zeke Hernandez for his service on the Housing Advisory Commission Administered by the Clerk of the Council to: Leslie W. Rabine as Ward 5 representative to the Cable Television Advisory Board Marjorie Beacom as the Mayoral representative to the Library Board CONSENT CALENDAR The Clerk noted three corrections to page 151 of the Minutes indicating Item 18 should be $1,000.00; Item 22, $22,000.00; and Item 24, $4,000.00. The Mayor announced the removal of Items 3.D., and 21.A. for separate action. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None CITY COUNCIL MINUTES 160 JUNE 1, L092 MINtrrES Motion: 1.A. Approve Minutes. REGULAR MEETING OF MAY 4, 1992 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council action. TRACTOR-LOADER MACHINE FOR PUBLIC WORKS AGENCY - To Eberhard Equipment in the amount of $79,761.94 - Finance and Management Services SPEC 92-026 CARPETING - FIRE DEPARTMENT ADMINISTRATION BUILDING - To JJJ Floor Covering in the amount of $15,384.00 - Finance and Management Services SPEC 92-032 PHOTOGRAPHIC SERVICES - VARIOUS DEPARTMENTS - For a one-year period with provision for two one-year extensions - Finance and Management Services SPEC 92-033 To Main Photo Service, Inc. in an annual estimated amount of $10,000.00 To Pro Color Lab West, Inc. in an annual estimated amount of $18,000.00 DEC NETWORK COMPONENTS FOR POLICE DEPARTMENT - To Digital Equipment Corp. in the amount of $9,999.43 - Finance and Management Services SPEC 92-038 STOCK PAPER GOODS AND WIPING MATERIALS - For a one-year period with provision for two one-year extensions - Finance and Management Services SPEC 92-120 To Rochester Midland in an annual estimated amount of $1,185.00 To Gale Supply Company in an annual estimated amount of $3,588.00 To Pak West Paper & Chemical in an annual estimated amount of $10,249.00 To Clean Sweep Supply Co., Inc. in an annual estimated amount of $3,386.00 To Maintex, Inc. in an annual estimated amount of $31,879.00 To Zellerbach a Mead Company in an annual estimated amount of $7,251.00 To Waxie Sanitary Supply in an annual estimated amount of $2,839.00 REPAIR AND MAINTENANCE - OVERHEAD FIRE DEPARTMENT DOORS - To Commercial Door of Orange County, Inc. in an estimated amount of $7,500.00 - Finance and Management Services Agency SPEC 92-91874 CITY COUNCIL MINUTES 1~1 ~ 1, 1992 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Award in accordance with Requests for Council Action. CURB PAINTING - VARIOUS STREETS - To I.P.S. Services, Inc. in the amount of $67,978.92 - Public Works Agency PROJ 2170 RECONSTRUCTION - MCFADDEN AVENUE FROM SAIL STREET TO HARBOR BLVD. - To Excalibur Contracting Inc. in an estimated amount of $1,042,007.51 with total estimated construction costs of $1,219,810.00 - Public Works Agency PROJ 2563 TREE PLANTING (PHASE XXXI) - To Bemus Landscape, Inc. in the amount of $12,296.00 - Public Works Agency PROJ 2713/7050 TREE REMOVAL (PHASE I) - VARIOUS STREETS - Removed for separate action. (See Minutes page 165.) RECONSTRUCTION - HUTTON CENTER CROSSWALK - To J.D.C. General Engineering Contracting in an estimated amount of $51,268.00 with total estimated construction costs of $61,700.00 - Public Works Agency PROJ 7037 3,Fo REPAIR - SANTA ANA STADIUM FIELD HOUSE ROOF - To Steen Construction Company in an estimated amount of $26,302.00 with total estimated construction costs of $34,302.00 - Public Works Agency PROJ 7628 TREE PLANTING (PHASE II) - MID CITY NEIGHBORHOOD - To Delta Landscape, Inc. in the amount of $90,285.00 - Public Works Agency PROS 9230 TREE PLANTING (PHASE III) - VARIOUS STREETS - To Delta Landscape, Inc. in the amount of $41,340.00 - Public Works Agency PROJ 9230 FINAL PARCEL/TRACT MAPS Motion: Approve final map and accept dedications thereon. IO.A. PARCEL MAP 90-416 - 1736 W. Fifth Street - Consolidates two parcels into one for the purpose of developing a new restaurant - Public Works Agency FILE PMAP CITY COUNCIL M1NIYrF3; 162 JUNE 1, 1992 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreements. 12.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AUSTIN- FOUST ASSOCIATES, INC. - Amendment for additional professional services for a Five-City Traffic Study of the South Coast Metro Business Area in an amount not to exceed $3,750.00 - Public Works Agency A-92-062 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND INTERSTATE CONSOLIDATED INDUSTRIES, INC. - For the installation of public improvements at Bristol Marketplace - Public Works Agency A-92-063 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PARSONS, BRINCKERHOFF, QUADE AND DOUGLAS - Amendment for the Alton/McGaw overcrossing studies to complete Alton Avenue Overcrossing Project Study Report in the amount of $8,420.00 - Public Works Agency A-92-064 12.D. 1. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ASL CONSULTING ENGINEERS - Amendment to agreement for design engineering services in the amount of $50,000.00 for a total contract amount of $150,000.00 - Public Works Agency A-92-065 12.D.2. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND IWA ENGINEERS - Amendment to agreement for design engineering services in the amount of $50,000.00 for a total contract amount of $150,000.00 - Public Works Agency A-92-066 12.D.3. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CHURCH ENGINEERING - Amendment to agreement for design engineering services in the amount of $50,000.00 for a total contract amount of $150,000.00 - Public Works Agency A-92-067 12.D.4. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HARTE ENTERPRISES - Agreement for temporary engineering personnel for the design of capital improvement projects for a period of six months, for an amount not to exceed $50,000.00 with an option to renew for an additional six-month period - Public Works Agency A-92-068 CITY COUNCIL MINUTES 163 JUNE 1, 1992 Motion: 12.E. Authorize Purchasing Manager to extend contract. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NOVADYNE COMPUTER SYSTEMS, INC - For computer maintenance service for Police computer systems for the balance of FY 91-92 in an amount not to exceed $17,000.00 - Police Department A-92-069 12.F. Motion: JOB TRAINING PARTNERSHIP ACT - SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM - APPROPRIATION ADJUSTMENT 92-308 Authorize the City Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA - For a JTPA sub-agreement in the amount of $560,903.00 for the period October 1, 1992 - September 30, 1993 - Community Development Agency A-92-070 2. Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 92-308 - Transferring $611,945.00 from account 132-01-5350-JTPA-On the Job Training to accounts 132-744-Various and 132-730-6933 - Finance and Management Services BOARDS/COMMISSIONS/COMMITTEES 13.A. NOMINATIONS Motion: Set for consideration at next regularly scheduled meeting. David John Williams, 1601 W. MacArthur Blvd., #25P, nominated by MAYOR PRO TEM PULIDO as the Ward 4 representative to the Library Board for a partial term expiring November 30, 1994 (Replacing Padilla) Viola Myre, 2622 W. Occidental, nominated by COUNCILMEMBER ACOSTA as the Ward 3 representative to the Housing Advisory Commission for a partial term expiring November 30, 1992 (Replacing Hernandez) CITY COUNCIL MINUTES 164 JUNE 1, 1992 UNINVESTIGATED LIABILITY CLAIMS Motion: Refer to administration for processing. 14.A. CLAIMS RECEIVED FROM MAY 9, 1992 TO MAY 22, 1992 - Clerk of the Council FILE CLM CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The May 18, 1992 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:30 a.m. on May 12, 1992. NON-CATEGORIZED ITEMS 19.B. REVISION - BAIL SCHEDULE Motion: Recommend. Adoption of proposed bail schedule for violations of the Santa Ana Municipal Code by the Presiding Judge of the Orange County Municipal Court, Central Judicial District FILE 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. If a Councilmember was absent on the previous meeting, but is present for this meeting and does not declare otherwise, his/her vote is recorded as affirmative. Absences at the meeting are recorded as such. 21.A. CAMPING - STORAGE OF PERSONAL PROPERTY - ENFORCEMENT AUTHORITY - Removed for separate action. (See Minutes page 166.) CITY COUNCIL MINUTE8 16~ ~ 1, 1992 BUDGET ADJUSTMENTS LIBRARY SERVICES - APPROPRIATION ADJUSTMENT Motion: Approve. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT 92-350 - Transferring $19,820.00 from account 152-01-5360-California State Library Public Library Funds-Revenue to account 152-213-6651-California State Library Public Library Funds- Expenditures-Library *** END OF CONSENT CALENDAR*** BUSINESS SESSION PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Amend contract by excluding the trees on Tenth Street west of English and award. TREE REMOVAL (PHASE I) - VARIOUS STREETS - To Mariposa Horticulture, Inc. in the amended amount of $17,984.10 - Public Works Agency Environmental/Transportation Advisory Committee Action: Approval PROJ 7028 MOTION: Pulido SECOND: Richardson VOTE: A YES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK At Mayor Pro Tern Pulido's request and with the unanimous informal consent of the Council, the Environmental and Transportation Advisory Committee was requested to evaluate the 15 approved species on the City's tree list and report to the Council in 45 days. CITY COUNCIL MINUTES 166 JUNE 1, 1992 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS 21.A. CAMPING - STORAGE OF PERSONAL PROPERTY - ENFORCEMENT AUTHORITY (Placed on first reading on May 18, 1992 by a 5/1 vote with Pulido dissenting and Young absent.) Ordinance published in the O.C. Revorter on May 22, 1992 The following persons expressed concerns regarding the proposed camping and storage of personal property ordinance: H. W. (Bill) Secor, 15031 Eaton Circle, Huntington Beach Jerome Johnson, 319 S. Daisy Cireena Scheffleld, Civic Center Don Bryant, 105 S. Birch Street Cathy Winter, 2100 Main Street, #180, Huntington Beach Kathleen Sage, 830 N. Ross Sally Mahan, Building 28 Jerry Scott, 10811 Rustic, Anaheim Mike Lennon, 21 Prosa, Irvine Jerilynn White, 8272 King Fisher, Huntington Beach Rodehl Stewart, 2106 Eastwood Jim Miller, 105 S. Birch Motion: Place Ordinance on second reading and adopt, but delay implementation for 60 days beyond the effective date. ORDINANCE NS-2160 - An ordinance of the City of Santa Ana amending the Santa Aha Municipal Code by adding an article entitled Camping and Storage of Personal Property to Chapter 10 of the Santa Ana Municipal Code and amending Section 1-18.3 relating to enforcement authority - City Manager's Office MOTION: Richardson SECOND: Acosta The City Attorney explained that the Police Department could not delay enforcement of an approved ordinance. He indicated the Council could either amend the ordinance to contain an effective date or continue the adoption of the ordinance for 60 days. Substitute Motion: Continue adoption of Ordinance NS-2160 to August 3, 1992. MOTION: Richardson SECOND: Acosta CITY COUNCIL MINUTES 167 JUNE 1, 1992 VOTE: AYES: NOES: ABSENT: None Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE BK ORDINANCES/FIRST READING 25.A. TOW TRUCK REGULATIONS George Heidler, 1008 E. Fourth Street, requested the Council continue Ordinance NS-2159 to June 15, 1992. Motion: Continue consideration of Ordinance to June 15, 1992. ORDINANCE NS-2159 - An ordinance of the City of Santa Ana amending Sections 32-81, 32-82, 32-84, 32-85, 32-89, 32-91, 32-92, 32-97, 32-99, 32- 100, 32-101, and 32-107 and repealing Sections 32-91 and 32-108, to revise the City's Tow Truck Regulations - Police Department ABSENT: The motion failed. Substitute Motion: MOTION: Norton VOTE: AYES: NOES: None SECOND: Acosta Acosta, Norton, Pulido Griset, McGuigan, Richardson, Young FILE BK Amend Ordinance NS-2159 by adding a clause to Section 32-92 to require conformity with Chapter 41 of the Code; place ordinance on first reading; and authorize publication of title. MOTION: Richardson SECOND: Acosta VOTE: AYES: Acosta, Griset, McGuigan, Norton, Richardson, Young NOES: Pulido ABSENT: None FILE BK CITY COUNCIL MINu'rFfi lf~ ]UNI~ 1, L092 25.B. Motion: BUSINESS LICENSE TAX Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2161 - An ordinance of the City Council of the City of Santa Aha amending Sections 21-1, 21-72, 21-73, 21-75, 21-76, 21-77, 21-78, and 21-117 and adding Article XI to Chapter 21 of the Santa Ana Municipal Code, relating to the business license tax - Finance and Management Services MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Young Acosta, Griset, McGuigan, Pulido, Richardson, Young Norton FILE BK 25.C. Motion: TRANSIENT OCCUPANCY TAX Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2162 - An ordinance of the City Council of the City of Santa Aha amending Article V of Chapter 35 of the Santa Aha Municipal Code relating to transient occupancy tax - Finance and Management Services MOTION: Richardson SECOND: Griset VOTE: AYES: Acosta, Griset, McGuigan, Pulido, Richardson, Young NOES: Norton ABSENT: None FILE BK RESOLUTIONS 35.A. CONFLICT OF INTEREST CODE - PROJECT AREA COMMITTEE - EDUCATIONAL AND COMMUNITY FACILITIES REDEVELOPMENT PROJECT AREA Motion: Adopt resolution. RESOLUTION 92-049 - A resolution of the City Council of the City of Santa Aha approving a Conflict of Interest Code for the Project Area Committee of the Educational and Community Facilities Redevelopment Project Area - Community Development Agency crrY COUNCIL MINUTES 169 JUNE 1, 1992 35.B. Motion: MOTION: McOuigan SECOND: Richardson VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK APPLICATION - FY 93-94 STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM Adopt resolution. RESOLUTION 92-050 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to apply for State-Local Transportation Partnership Program Funds, and to execute an agreement for the use of such funds, on behalf of the City of Santa Ana- Public Works Agency MOTION: Young SECOND: Griset VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK 35.C. Motion: RESIDENTIAL LOAN PROGRAM AUTHORIZATION AND FORECLOSURE POLICY Adopt resolution. RESOLUTION 92-051 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Community Development Agency to implement the residential loan programs approved by the City Council and to take appropriate action to protect the City's security for the repayment of residential loans made by the City - Community Development Agency MOTION: Griset SECOND: McGuigan VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK CITY COUNCIL MINUTES 170 JUNE 1, 1992 35.D. Motion: FUNDING - SEISMIC REHABILITATION - FAIRVIEW BRIDGE Adopt resolution. RESOLUTION 92-052 - A resolution of the City Council of the City of Santa Ana authorizing execution of Supplement No. 060, Revision 1 to Local Agency/State Agreement No. 12-5063 Federal Funding for Seismic Rehabilitation of Fairview Bridge at the Santa Ana River - Public Works Agency MOTION: McGuigan SECOND: Griset VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK 35.E. Motion: APPROPRIATIONS LIMIT OF THE CITY FOR FY 92-93 Adopt resolution. RESOLUTION 92-053 - A resolution of the City Council of the City of Santa Ana establishing the appropriations limit of the City of Santa Ana for Fiscal Year 1992-93 - Finance and Management Services MOTION: Griset SECOND: McGuigan VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK RECESSED - 7:51 P.M. RECONVENED - COUNCIL cHAMBERS - 8:15 P.M. - All Councilmembers present. CITY COUNCIL MINIJTES 171 ]lINE 1, B92 PLrBLIC HEARINGS 75.A. RESIDENTIAL RENTAL PROPERTY INSPECTION PROGRAM AND FEES Proposal to establish a Residential Rental Prol~rty Inspection Program and the fees therefor. Legal notice published in the O.C. Reeister on May 8 and May 15, 1992 Motion: Substitute Motion: Continue consideration of all actions related to establishment of a residential rental property inspection program and fees to July 6, 1992. MOTION: Young SECOND: Richardson Table all actions relating to the proposed residential rental property inspection program and fees. MOTION: Norton VOTE: AYES: NOES: SECOND: Acosta ABSENT: The motion failed Acosta, Norton Griset, McGuigan,Pulido, Richardson, Young None FILE BK Vote on the original motion: VOTE: AYES: NOES: ABSENT: None Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE BK 75.B. SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT Hearing required by the California Integrated Waste Management Act to receive public testimony prior to adoption of Source Reduction and Recycling Element and Household Hazardous Waste Element (Plans) Legal notice published in the O.C. Register on April 16, 1992 CITY COUNCIL MINUTES 172 JUNE 1, 1992 The Mayor opened the public hearing regarding adoption of a Source Reduction and Recycling Element and a Household Hazardous Waste Element at 8:35 p.m. Presentation of staff report and staff comments by: Stuart Chuck, Enterprise Manager, Public Works Agency Presentation of written comments by Janice C. Guy, Clerk of the Council: None Miles Leach, 2025 W. Tenth Street, commented that more effort should be made to recycle rather than store waste. The Mayor closed the public hearing at 8:41 p.m. Motion: Adopt resolution. RESOLUTION 92-054 - A resolution of the City Council of the City of Santa Ana approving Negative Declarations and adopting the City's Source Reduction and Recycling Element and Household Hazardous Waste Element - Public Works Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE BK 75.C. FY 92-93 CITY BUDGET Public hearing to consider the City's Fiscal Year 92-93 Budget and related matters Legal notice published in the O.C. Reeister on May 22 and May 29, 1992 The Mayor opened the public hearing regarding the Fiscal Year 92-93 Budget at 8:45 p.m. Presentation of staff report and staff comments by: David Borik, Accounting and Budget Manager, Finance and Management Services Presentation of written comments by Janice C. Guy, Clerk of the Council: One from the Chamber of Commerce requesting continuation of budget adoption for two weeks Mike Metzler, president of the Chamber of Commerce, orally requested that adoption of the budget be deferred for two weeks. CITY COUNCIL MINUTES 173 JUNE 1, 1992 A1 Carney, 2441 S. Park Drive, noted that the budget specified trees on Lowell Street in his neighborhood for removal and requested Councilmember Norton assist the neighborhood with a selective, rather than wholesale, removal process. The Mayor indicated the Council would honor the Chamber of Commerce request and noted that the public hearing would remain open. Motion: Continue consideration of Ordinance NS-2163 to June 15, 1992. MOTION: Young VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE BK 75.D. ANNUAL FEE INCREASES AND NEW FEES Public hearing to consider changes to the following fees: Drainage Area, Refuse Collection, Sewer Connection, Miscellaneous Fees, Park and Acquisition Development, and Towed Vehicle Reporting Fees Legal notice published in the O.C. Register on May 22 and May 29, 1992 Moron: Conanueconsidera~onofproposed annualfeeincreases and newfeesto June 15, 1992. MOTION: Young SECOND: Richardson VOTE: A YES: NOES: Acosta, Gfiset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK RECESSED TO HOUSING AUTHORITY AND IMMEDIATELY RECONVENED - COUNCIL CHAMBERS - 9:10 P.M. {21'l'Y COUNCIL MlND'rl~ 174 JUNE 1, 1992 COUNCIL AGENDA ITEMS 85.A. ELECTION, ETHICS, AND CAMPAIGN REFORM PACKAGE (ACOSTA) Councilmember Acosta reviewed the major elements of a proposed election ethics and campaign reform package he wished to be submitted to the voters for approval at the November 1992 election. Motion: Instruct the City Attorney to prepare the appropriate language to place the following proposals on the November 1992 ballot. Set a four-year term for the Office of Mayor, effective at the next Mayoral election after voter approval. Establish two consecutive terms of four years as the term limitation for the Office of Mayor. MOTION: Norton VOTE: AYES: NOES: ABSENT: The motion failed. None SECOND: Acosta Acosta, Norton Griset, McGuigan, Pulido, Richardson, Young Motion: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Nominate and elect City Councilmembers by district. MOTION: Norton VOTE: AYES: NOES: None ABSENT: The motion failed. SECOND: Acosta Acosta, Norton Griset, McGuigan, Pulido, Richardson, Young CITY COUNCIL MIN1JTI~ 175 ~ 1, L~92 Motion: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Set as a maximum, 6 months' severance pay for the City Manager. ABSENT: The motion failed. MOTION: Norton VOTE: AYES: NOES: None SECOND: Acosta Acosta, Norton Griset, McGuigan, Pulido, Richardson, Young Motion: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Restrict board and commission appointments to only those residents living within the nominating Councilmernber's district, but open nominations to any Councilmember should a nomination not be made by the Councilmember with nominating responsibility within 30 days after a vacancy has been declared. MOTION: Norton VOTE: ABSENT: The motion failed. Motion: SECOND: Acosta AYES: Acosta, Norton, Pulido NOES: Griset, McGuigan, Richardson, Young None Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Allow Councilmembers to nominate and appoint board and commission members without Council approval. MOTION: Norton VOTE: AYES: NOES: ABSENT: The motion failed. SECOND: Acosta Acosta, Norton Griset, McGuigan, Pulido, Richardson, Young None CITY COUNCIL MINUTES 176 JUNE 1, 1992 Mo~ion: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Prohibit board and commission members and members of their immediate families from doing any business with the City, directly and/or indirectly, for a period of 36 months after board/commission member has left office. MOTION: Norton SECOND: Acosta VOTE: ABSENT: The motion failed. AYES: Acosta, Norton NOES: Griset, McGuigan, Norton, Pulido, Richardson, Young None Motion: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Prohibit board and commission members and their immediate families from serving as treasurer to a City political action committee. MOTION: Norton SECOND: Acosta Motion withdrawn by maker. Motion: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Prohibit board and commission members from serving as treasurer to a City political action committee. MOTION: Acosta SECOND: Richardson VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None CITY COUNCIL MINUTF~ 177 JUNE 1, 1~2 Moron: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Prohibit any organization, e.g., Chamber of Commerce, that receives City financial support, directly and/or indirectly, from receiving further city financial support if said entity establishes a City political action committee that supports and/or opposes a City ballot measure, City Council or Mayoral candidate. MOTION: Norton SECOND: Acosta Motion withdrawn after discussion. Motion: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Prohibit the Mayor or Councilmembers from participating in any proceedings requiring legislative or administrative action where the Mayor and/or Councilmember has received $250 or more in the preceding 12 months from campaign contributors wishing to do business with the City or who have matters pending before the City. MOTION: Norton SECOND: Acosta VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None Motion: Instruct the City Attorney to prepare the appropriate language to place the following proposal on the November 1992 ballot. Limit City political action committees not controlled by a candidate but specifically created to oppose and/or support City candidates to expenditures of $10,000 per election. Limit political action committees created to support and/or oppose City ballot measure(s) to expenditures of $20,000 per election. The City Attorney advised the Council the proposed ballot measure may be in violation of the First Amendment of the U.S. Constitution. No action was taken by the Council on the motion. CITY COUNCIL MINUTES 178 JUNE 1, 1992 COMMENTS 90.A. PUBLIC COMMENTS Miles Leach, 2025 W. Tenth Street, expressed the opinion that the Council's vote with regard to ward elections reflected a lack of minority representation on the Council. James McGuigan, 5642 Keelson, reported in his experience, a ward system had resulted in corruption. He also reported that Comcast had once again broadcast an unscrambled pornographic film (at 8:00 p.m. on May 28, 1992 over Channel 3, a Government access channel) and urged the Council to formally protest the airing of the film as well as to more stringently enforce the City's cable contract. Brett Franklin, 919 E. Catalina, expressed concern that the proposed Residential Inspection Program would exacerbate tenant problems and suggested City Manager, the Police Chief, and the Council meet to discuss alternative methods of addressing blatant code enforcement problems. Antonio Villa, 1808 S. Van Ness, asked when the City would respond to his request to extend the time that produce trucks were allowed to park in one location to sell their wares. The Police Chief explained that a 15-minute standing time would produce enforcement problems for the Police Department. Councilmember Acosta indicated he would pursue this matter and would provide the Council with copies of the City of Anaheim regulations on produce trucks. John Raya, expressed concern that the City's proposed citywide redevelopment proposal would meet resistance at the State level. He also urged the Council when considering the proposed amendment to the South Harbor Redevelopment Plan on June 16, 1992, to restore a "fair share" of property tax revenues to the school and college districts. Florence Leach, 2025 W. Tenth Street, expressed the opinion that "machine power politics" was alive and well in Santa Ana. She also expressed concerns regarding the repressive nature of the proposed Rental Inspection Program. Art Montez, 8283 Buena Park, Anaheim, expressed disappointment with the Council's action regarding the ethics reform package and asked the Council to reconsider district elections as well as other elements of the package. CLOSED SESSION- 10:41 P.M. The Clerk of the Council announced that the City Council was recessing to Closed Session pursuant to: Govemment 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: CITY COUNCIL MINUTES 179 JUNE 1, 1992 Government Briseno vs. City of Santa Ana Brown vs. City of Santa Ana (Worker's Compensation) Chamberlain vs. City of Santa Aha Chacon vs. City of Santa Ana Tabrizzi et al vs. City of Santa Ana Milakovich vs. City of Santa Ana Dunbar vs. City of Santa Ana (Worker's Compensation), and also pursuant to: Code Section 54956.9(b)(1) regarding pending litigation of significant exposure. RECONVENED - COUNCIL CHAMBERS - 11:02 P.M. - All Councilmembers present. 70.A. Motion: CLOSED SESSION REPORT 1. Extend offer to settle. Tabrizzi vs. City of Santa Ana, in the amount of $18,500.00. (Claim No. 90-022) Herndon vs. City of Santa Ana, in the amount of $6,500.00. (Claim No. 90-037) 2. Approve. Agreement between the City of Santa Ana and Frielich, Stone, Lichner, and Carlisle for legal services in an amount not to exceed $10,000,00. (Councilmember McGuigan registered a "NO" vote.) A-92-071 3. Authorize settlements as follows: Dunbar vs. City of Santa Ana (Worker's Compensation), compromise and release in the amount of $22,400.00. Chacon vs. City of Santa Aha, in the amount of $13,000.00. Brown vs. City of Santa Ana (worker's Compensation), stipulation in the amount of $23,865.00. Milakovich vs. City of Santa Ana, in the amount of $30,000.00. (Claim No. 90-133) MOTION: Richardson SECOND: Pulido CITY COUNCIL MIND'rI~ 180 .IUNE 1, Lq92 VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None COUNCIL COMMENTS 90.C. CITY COUNCIL COMMENTS Councilmember Norton reported a fire hazard along the railroad's property just as the Amtrak line approaches the City of Santa Ana Regional Transportation Center from the south and requested staff investigate. He also requested the City Manager provide him with a list of persons who receive health insurance as a City benefit. In response to Councilmember Acosta's inquiry, Public Works Agency Executive Director Jim Ross indicated he would provide Acosta with the name of the contractor working on Oakfieid Street. Also in response to Councilmember Acosta, the City Manager indicated he would provide Acosta with a copy of a bid package for exclusive towing rights in Santa Aha. Councilmember Acosta reported parking problems in the Chestnut, Pine, and Walnut Street area and requested Code Enforcement investigate. Councilmember McGuigan indicated she was pleased that the Council had approved a contract to reconstruct McFadden Avenue from Sail Street to Harbor Boulevard (Item 3.B.). She also congratulated Cable Television Floor Director Eric Alvarez on his recent attainment of a Bachelor's Degree in Political Science. Councilmember Richardson publicly thanked City staff, the School District, and the College District for their efforts in conducting a successful parenting conference at Rancho Santiago College, and for their contributions to the successful project PRIDE march last Saturday. He also informed the listening audience that the Wilshire Square Home Tour would be conducted this coming Saturday and Sunday, and noted that tickets could be obtained by calling 835- 3595. ADJOURNMENT - 11:21 P.M. ~y~'~ Clerk of the Council CITY COUNCIL MINUTES 181 ~ 1, 1992