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HomeMy WebLinkAbout07-20-1992MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 20, 1992 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:12 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern 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 EMPLOYEE AWARDS MAYOR YOUNG 20 Years of Service Joseph Esther Police Department CITY COUNCIL MINUTES 224 JULY 2~, 1992 PRESENTATIONS Certificates of Appreciation presented by MAYOR YOUNG to Sandy, Robert and David Escalante of Custom Auto Service for their continued support of the Santa Ana Police Department, particularly for assistance with refurbishing bicycles for the Bicycle Patrol Program City Seal Plaque presented by COUNCILMEMBER ACOSTA to Mary Cayo for service on the Personnel Board OATHS OF OFFICE Administered by the Clerk of the Council to Carlos Gonzales, Ward i representative to the Human Relations Commission CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: Motion: Removal of Item 60.B. for separate action; Registration of a "NO" vote by Councilmember Norton on Item 13.A.; and Registration of a "NO" vote by Councilmember Acosta on Item 19.A. Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: SECOND: Richardson Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None MINUTES Motion: 1.A. Approve Minutes. REGULAR MEETING OF JULY 6, 1992 CITY COUNCIL MINUTES 225 JULY 20, L~2 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. JANITORIAL SUPPLIES - VARIOUS DEPARTMENTS - For a one-year period with provision for two one-year extensions - Finance and Management Services SPEC 92-121 To Waxie Sanitary Supply in an annual estimated amount of $16,433.00 To Gale Supply Company in an annual estimated amount of $13,555.00 To Sanitek Products, Inc. in an annual estimated amount of $2,511.00 To Southend Janitorial Supply, Inc. in an annual estimated amount of $14,657.00 SCREEN PRINTED ITEMS - VARIOUS DEPARTMENTS - For a one-year period with provision for two one-year extensions - Finance and Management Services SPEC 92-200-59 To Cal Tech Designs, Inc. in an annual estimated amount of $18,000.00 To McCaws, Inc. in an annual estimated amount of $20,000.00 To Eagle Screen Printing in an annual estimated amount of $7,000.00 PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Award in accordance with Requests for Council Action. TRAFFIC SIGNAL MODIFICATION - BRISTOL STREET AND HESPERIAN WAY ~ To F.J. Johnson, Inc. in the amount of $38,923.00 with a total estimated construction cost of $41,700.00 - Public Works Agency PROJ 1521 3.Bo REPLACEMENT OF SIDEWALKS, CURBS AND GUTTERS, AND CONSTRUCTION OF WHEELCHAIR RAMPS - VARIOUS NEIGHBORHOODS - To Bopark Enterprises, Inc. in the estimated amount of $67,776.90 with total estimated construction cost of $78,700.00 - Public Works Agency PROJ 7033 CITY COUNCIL MINUTES 226 JULY 20, 1992 ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATIONS Motion: Receive and file. NGUYEN, Dung and TRAN, Phuoc, Thinh and Van - "Craig Liquor" - 1200 MacArthur Blvd., Person-to-person transfer, type 21 Off-sale general Police: No protest Planning: No action required CHICKSAND PROPERTIES LTD. - "Day's Inn" - 1600-02 E. First Street, Person-to-person transfer, type 47 On-sale general, public eating place and type 68 Portable bar Police: No protest Planning: No action required LA SALSA HOLDING CO. - "La Salsa" - 2800 N. Main Street, Original, type 41 On-sale beer and wine, public eating place Police: Protest based on above-average rime rote Planning: No action required FILE BK FINAL PARCEL/TRACT MAPS Approve: Approve final map. 10.A. PARCEL MAP 88-383 - 3600 W. Segerstrom Avenue - Subdivides 3.97 acres into two parcels to facilitate development of two industrial properties - Public Works Agency FILE PMAP AGREEMENTS Motion: Authorize issuance of request for proposals. 12.A. CENTRAL ORANGE COUNTY FIXED GUIDEWAY PROJECT - Public Works Agency AGMT q~../,,~ Motion: Authorize the L~ty Attorney to prepare and the Mayor and Clerk to execute agreements. 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION - For reimbursement of costs associated with providing traffic control services during the I-5, SR 55 freeway interchange widening projects in an amount not to exceed $48,000.00 - Public Works Agency A-92-087 CITY COUNCIL MINUTES 227 JULY 20, 1992 12.C. 12.D. 12.E. 12.F. 12.G. 12.H. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION - For construction of U-6 storm drain in Elk Lane between Chestnut Avenue and First Street - Public Works Agency A-92-088 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LEA ASSOCIATES - For appraisal reports for 19 parcels within the Bristol Street widening project at the intersection of First and Bristol in the amount of $15,500.00 - Community Development Agency A-92-089 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAWHINNEY AND ASSOCIATES - For appraisal reports for 57 parcels within the Bristol Street widening project between McFadden and Edinger Avenues in the amount of $45,000.00 - Community Development Agency A-92-090 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DKS ASSOCIATES - For engineering services for the design and construction management of I-5/SR55 Congestion Relief Project and SR55 Congestion Relief Project in an amount not to exceed $412,622.00 - Public Works Agency A-92-091 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GARDNER AND GARDNER - Amendment for additional design requirements at the Main Library in the amount of $2,113.75 for a total contract amount of $11,613.75 - Library/Public Works Agency A-92-092 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE WARNER MANAGEMENT GROUP - For automated police information and records management services in an amount not to exceed $70,000.00 - Police Department A~92-093 12.1. Motion: EMERGENCY SHELTER GRANT FUNDS - 1992 1. Approve. Allocation of $94,000 in 1992 Emergency Shelter Grant funds, including $6,500 to the City of Santa Aha, Recreation Services Department. 2. Authorize the City Attorney to prepare and the City Manager and Clerk to execute agreements. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SOUTH ORANGE COUNTY YWCA - For the use of $50,000.00 of 1992 Emergency Shelter Grant Funds - Community Development Agency A~92-094 CITY COUNCIL MINOTES AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SALVATION ARMY HOSPITALITY HOUSE - For the use of $7,500.00 of 1992 Emergency Shelter Grant Funds - Community Development Agency A-92-095 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SHELTER FOR THE HOMELESS - For the use of $7,500.00 of 1992 Emergency Shelter Grant Funds - Community Development Agency A-92-096 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COAST INTERFAITH SHELTER - For the use of $7,500.00 of 1992 Emergency Shelter Grant Funds - Community Development Agency A-92-097 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY YOUTH/FAMILY SERVICES - For the use of $7,500.00 of 1992 Emergency Shelter Grant Funds - Community Development Agency A-92-098 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DALE MCINTOSH CENTER - For the use of $7,500.00 of 1992 Emergency Shelter Grant Funds - Community Development Agency A-92-099 3. Authorize. City Manager to execute amendments to nonprofit agency contracts which do not constitute a substantial change to the contract as defined by the City in accordance with U.S. Department of Housing and Urban Development regulations. BOARDS/COMMIS SIONS/COMA~TTEES ! 3.A. APPOINTMENTS Motion: Appoint. COUNCILMEMBER GRISET as the City's Representative to the Board of Directors of the Orange County Water District (COUNCILMEMBER NORTON REGISTERED A "NO" VOTE) FILE BC ClTY COUNCIL MINU'rES 229 JULY 20, 1992 UNINVESTIGATED LIABILITY CLAIMS Motion: Refer to administration for processing. 14.A. CLAIMS RECEIVED FROM JUNE 27, 1992 TO JULY 10, 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 July 6, 1992 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:45 a.m. on July 2, 1992. 15.B. The letter of resignation from Mary Cayo, Ward 3 representative to the Personnel Board, was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:45 a.m. on July 10, 1992 (effective date 7/29/92). NON-CATEGORIZED ITEMS 19.A. DOWNTOWN SANTA ANA BUSINESS ASSOCIATION 1992 BUDGET Motion: 1. Approve and authorize the Finance Director to distribute the budgeted funds. 1992 Downtown Santa Ana Business Association Budget - Community Development Agency Direct the C~ty Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA CHAMBER OF COMMERCE - Reinstating the Business Improvement District Management Agreement to include a termination date of December 31, 1999 - Community Development Agency A-92-100 (COUNCILMEMBER ACOSTA REGISTERED A "NO" VOTE) 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 CITY COUNCIL M]NU'rES 230 JULY 20, 1992 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 the meeting are recorded as such. 21.A. AUTHORIZATION - EXECUTIVE DIRECTOR OF PUBLIC WORKS AGENCY - RELEASE OF BONDS FOR STREET IMPROVEMENTS AND SUBDIVISION MAP APPROVALS (Placed on first reading on July 6, 1992 by unanimous vote.) Ordinance published in the O.C. Reporter on July 10, 1992 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2168 - An ordinance of the City of Santa Ana repealing Section 33-39, amending Section 33-40 and adding Section 34-90 to the Santa Ana Municipal Code to authorize the Executive Director of the Public Works Agency to release bonds furnished in connection with street improvements and subdivision map approvals - Public Works Agency FILE BK 21.B. Motion: AMENDMENT APPLICATION 1056 - SD PLAN 52 (Placed on first reading on July 6, 1992 by unanimous vote.) Ordinance published in the O.C. Reporter on July 10, 1992 Place ordinance on second reading and adopt. ORDINANCE NS-2169 - An ordinance of the City of Santa Ana amending Specific Development Plan No. 52 to allow automobile repair uses subject to the insurance of a conditional use permit - Planning and Building Agency FILE AMAP BUDGET ADJUSTMENTS 60.A. CALIFORNIA TRANSPORTATION COMMISSION GRANT - PARKING FACILITY - REGIONAL TRANSPORTATION CENTER - Motion: APPROPRIATION ADJUSTMENT - 92-394 Approve transfer. From 163-01-5360 (Requires five affirmative votes.) To Amt. 163 -651-6631 $4,500,000.00 CITY COUNCIL MINUTES 231 JULY 20, 1992 To properly account for the receipt of grant funds from the California Transportation Commission and to appropriate same for the construction of parking facility at the Santa Ana Regional Transportation Center FILE APAD REDEVELOPMENT BUDGET CHANGES - DOWNTOWN STREET LIGHTING - APPROPRIATION ADJUSTMENT 93-001 - Removed for separate action. (See below.) *** END OF CONSENT CALENDAR*** BUSINESS SESSION REDEVELOPMENT BUDGET CHANGES - DOWNTOWN STREET LIGHTING - APPROPRIATION ADJUSTMENT 93-001 Councilmember McGuigan noted that transferring funds from the North Harbor Project Area would negatively impact several parks projects planned for that area, and requested staff seek alternative funding for the park projects. Motion: Approve transfer. (Requires five affirmative votes.) From To Amt. 530-936-6631 550-01-5010 011-01-5990-510 510-01-5992-011 530-935-6900-011 550-935-6900-011 011-103-6800-510 510-936-6631 $350,000.00 $ 50,000.00 $400,000.00 $400,000.00 North Harbor Project Area and South Main Project Area will pay the General Fund a total of $400,000.00 which in turn will be loaned out by the General Fund to Central City in order to fund the project for the Downtown Theme Lighting FILE APAD MOTION: Richardson SECOND: Young VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None CITY COUNCIL MINUTES 232 JULY 20, 1992 ORDINANCES/FIRST READING 25.A. Motion: CHARTER AMENDMENTS - GENERAL ELECTION NOVEMBER 3, 1992 1. Adopt. ORDINANCE NS-2170 - An ordinance of the City of Santa Ana submitting certain proposed charter amendments to the electors in the General Municipal Election to be held on November 3, 1992 - Clerk of the Council RESOLUTION 92-068 - A resolution of the City Council of the City of Santa Ana setting forth the proposals to amend the charter to be included on the ballot for the 1992 General Election - Clerk of the Council 2. Authorize. City Attorney to prepare an impartial analysis for each of the proposed ballot measures 3. Establish. July 31, 1992 as the deadline for filing arguments in favor of or in opposition to the proposed ballot measures with Clerk of the Council 4. Authorize. Councilmembers to file written arguments for or against the ballot measure 5. Establish. August 11-21, 1992 as the period for public examination of election documents MOTION: Acosta VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE ELEC CITY COUNCIL 25.B. Motion: CHAPTER 18 REGULATIONS - HEALTH AND SANITATION Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2171 - An ordinance of the City of Santa Ana amending various sections in Chapter 18 of the Santa Aha Municipal Code to update health and sanitation regulations enforced in the City of Santa Ana by the County Health Officer to conform to standard County regulations - City Attorney MOTION: Pulido SECOND: McGuigan VOTE: AYES: NOES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK RESOLUTIONS 35.A. STATE OF CALIFORNIA HIGHWAY PATROL - TRAINING OF SANTA ANA MOTORCYCLE OFFICERS Motion: Adopt resolution. RESOLUTION 92-069 - A resolution of the City Council of the City of Santa Ana authorizing execution of training program participation agreements with the California Highway Patrol - Public Works Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Norton Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE BK Motion: CHANGE ORDER (Supplemental Agenda item) Approve. HUTTON CENTER CROSSWALK RECONSTRUCTION - Change Order 1; increasing in the amount of $14,505 - Public Works Agency PROJ 7037 CITY COUNCIL MIN~rES MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Acosta, Griset, McGuigan, Norton, Pulido, Richardson, Young None FILE BK RECESSED TO HOUSING AUTHORITY - 6:28 P.M. RECONVENED - 6:30 P.M. - All Councilmembers present. 6:32 P.M. - Mayor Young left the meeting. COMMENTS 90.A. PUBLIC COMMENTS Dick Kirwan, 2802 N. Westwood, informed the Council he would be present at the next Council meeting with specific questions regarding the Floral Park Neighborhood Protection Plan, particularly with respect to City procedures. Richard Hernandez, Santa Aha Unified School District Board member, thanked the Council and City staff for cooperating with the School District to allow construction of a security fence between Madison Park and Madison School, and expressed his hope that the City and District would share construction costs. Louis Anderson, 2114 N. Tamy Lane, opined that the Floral Park Neighborhood Committee was attempting to improve its property values at the expense of all the other taxpayers in the City. Paul Le Xuan, 810 S. Bristol, expressed concern regarding the negative impacts of the Bristol Corridor widening project on development of his property, and was referred to the Planning and Building Agency Executive Director for assistance by Mayor Pro Tern Pulido. Dr. David Tran, developer of the property at 5118-30 W. Fifth Street, reported he was having difficulty in converting the project from apartments to condominiums due to insufficient parking, and was referred to staff for assistance by Mayor Pro Tem Pulido. Planning and Building Agency Executive Director Robyn Uptegraff informed the Council she would provide a report to the Council concerning the project in a week. C1TV COUNCIL 235 JULY 20, 1992 Tuyet Huynh, 1401 S. Bristol, expressed dissatisfaction with the offer made by the City to acquire her property for the Bristol Corridor widening project. Redevelopment and Real Estate Manager Bob Hoffman indicated further appraisal of the property would occur as part of the appraisal contract approved by Council earlier in the evening. (Item 12.E., Minutes page 228) V.L. McGowan, 1405 S. Bristol, disputed the fairness of the City's offer for his property scheduled for acquisition as part of the Bristol widening project. Dolores DeRosa-Otting, representing 5 Star Rubbish, informed the Council that: Waste Management, Inc. was providing recycling programs for other Orange County cities without requiring those cities to pay additional costs; Santa Ana's recent increase of trash collection rates exceeded other Orange County cities' increases; Waste Management, Inc. had been indicted in San Jose for dumping non-City garbage at a City landfill; and A change of management at Waste Management, Inc. permitted Santa Ana to void its current contract with Waste Management which would allow the City an opportunity to solicit competitive bids for trash collection. RECESSED TO CLOSED SESSION - ROOM 147 - 7:12 P.M. The Clerk of the Council announced that 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: Hills v. City of Santa Ana Hernandez v. City of Santa Ana Rodriguez v. City of Santa Ana Mitchell v. City of Santa Ana (Workers' Compensation) Rhee v. City of Santa Ana Limon v. City of Santa Aha Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters. CITY COUNCIL MINUTES 236 JULY 20, 1992 RECONVENED - COUNCIL CHAMBERS - 7:30 P.M. - All Councilmembers present except Mayor Young. 70.A. Motion: CLOSED SESSION REPORT Authorize the C~ty Attorney to prepare and the Mayor and Clerk to execute agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC, PART-TIME EMPLOYEES' REPRESENTATION UNIT - Memorandum of Understanding effective May 1, 1992, through June 30, 1993, including a 3.5% base wage increase effective June 26, 1992 - Personnel Services A-92-101 2. Adopt resolutions. RESOLUTION 92-071 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to add certain classifications to the City's basic classification and compensation plan, and to provide recommended pay increases to all unaffiliated part-time classifications for Fiscal Year 1992-93 RESOLUTION 92-072 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 85-27 to provide for general pay increase as provided to other affiliated and unaffiliated part-time classifications - Personnel Services 3. Approve settlements. Hills v. City of Santa Ana in the amount of $10,000.00 Hernandez v. City of Santa Ana in the amount of $14,514.61 Mitchell v. City of Santa Ana, compromise and release in the amount of $25,00O Rhee v. City of Santa Ana in the amount of $15,000.00 Limon v. City of Santa Aha in the amount of $20,000.00 MOTION: Richardson VOTE: AYES: NOES: SECOND: McGuigan Acosta, Griset, McGuigan, Norton, Pulido, Richardson None ABSENT: Young CITY COUNCIL MINUTES 237 JULY 20, 1992 90.C. CITY COUNCIL COMMENTS Councilmember Norton requested the Police Chief provide him with a status report regarding an armed robbery which had recently occurred at 118 W. MacArthur. Norton also reminded the listening audience of the upcoming November municipal election and encouraged those interested in running for elective City office to contact the Clerk of the Council for the appropriate forms. In response to Councilmember Acosta's request for a copy of the Request for Proposal (RFP) or Specifications for towing services for the City, the City Manager indicated he would provide the RFP the next day. Acosta suggested that the Council consider hiring individuals to provide translation services at the Council meetings to meet the needs of the City's ethnically diverse population. Councilmember McGuigan noted that the Clerk had already amended the Minutes, but stated for the record that the "waste management" booth she had referred to at the previous Council meeting (Minutes page 221) was sponsored by the Orange County Waste Management Commission, not Waste Management, Inc. Councilmember Richardson requested staff provide him with an update concerning the installation of improved fencing at the western terminus of W. Orange Road. He also conveyed a thank you from Habitat for Humanity to the Fire and Planning Departments for assistance with a recent community project. ADJOURNMENT - 7:37 P.M. - To 5:30p. m. on Tuesday, July 21, 1992 in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California Clerk of the Council CITY COUNCIL MINIYFF~ 238 JULY 20, 1992