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Home My WebLink About09-21-1992MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 21, 1992 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:13 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern JOHN ACOSTA DANIEL E. GRISET PATRICIA A. McGUIGAN ROBERT L. RICHARDSON Absent: RICK NORTON STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, C~ty Attorney JANICE C. GUY, Clerk of the Council Absent: NONE PLEDGE OF ALLEGIANCE EMPLOYEE AWARDS Cub Scout Pack 1750 from Taft Elementary School MAYOR YOUNG 25 Years of Service Lt. Greg Cooper Police Department CITY COUNCIL MINUTES 287 SE~-r~MBER 21, 1992 PRESENTATIONS Donation of $500.00 for the Southwest Senior Citizens Center presented by Mattie Lang of the Silhouette Club to MAYOR YOUNG and Recreation and Community Services Executive Director Allen Doby Certificate of Recognition presented by COUNCILMEMBER RICHARDSON to Corporal C. L. "Chuck" Jarusek for his outstanding efforts as Auto Theft Officer for the Sania Aha Police Department OATHS OF OFFICE Administered by the Clerk of the Council to: Mai Cong, representative to the Human Relations Commission Michael I. Salgado, Sr., representative to the Human Relations Commission Sandra A. Thrower, representative to the Human Relations Commission SPECIAL ANNOUNCEMENT Mayor Young expressed his and the Council's sincere condolences to the families of the eight victims of the tragic traffic accident that occurred at the intersection of Civic Center Drive and Flower Street on Sunday, September 20, 1992. The Mayor requested the City's flags be flown at half-mast for the next week and the Council meeting adjourned in honor of the accident victims. CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Removal of Items 3.D. (Construction of S.A. Corporate Yard) and 3.G. (Graffiti Removal Service) for separate action. 2. Registration of an "abstention" by Councilmember Griset on Item 12.F. (Technology Exchange Center Agreement). 3. Registration of "NO" votes on Items 12.E. (Professional Service Industries Inc. Agreement) and 12.F. (Technology Exchange Center Agreement) by Councilmember Acosta. CITY COU/~ICIL MI/V]3TES 288 SEFI'EMBER 21, 1992 The Clerk of the Council reported that Councilmember Norton had requested an excused absence from the Council meeting to be with his wife who had recently undergone surgery. The Mayor indicated the excused absence would be added to the Consent Calendar. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: SECOND: Richardson Acosta, Griset, McGuigan, Pulido, Richardson, Young None ABSENT: Norton EXCUSED ABSENCE Motion: Authorize excused absence. Councilmember Norton from September 21, 1992 Council meeting /VIINUTES Motion: 1.A. Approve Minutes. REGULAR MEETING OF SEPTEMBER 8, 1992 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 2.A. TRAFFIC LINE PAINTING VEHICLE CONVERSION - To Morton International, Inc., Traffic Marking in the amount of $25,536.75 - Finance and Management Services SPEC 92-060 2.B. MUNICIPAL UTILITIES FINANCIAL MANAGEMENT SYSTEM Motion: 1. Award in accordance with Request for Council Action. PURCHASE AND INSTALLATION OF MUNICIPAL UTILITIES SERVICES SYSTEM - To Systems Computer Technology through Security Capital Corporation for a five-year period in the annual amount of $139,452.00 - Finance and Management Services SPEC 92-061 Cl'r~ COUNCIL ~ 2~) S~A'I'I~M]IER 21, 1992 2. Adopt resolution. RESOLUTION 92-083 - A resolution of the City Council of the City of Santa Ana authorizing a five-year lease/pumhase agreement - Finance and Management Services PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. OWENS DRIVE STREET IMPROVEMENTS - MAIN STREET TO ORANGE CITY LIMITS - To R. J. Noble Company in the estimated amount of $1,382,647.15 with total estimated construction cost of $1,877,634.00 - Public Works Agency PROJ 1443 TREE PLANTING - VARIOUS STREETS - To Landscape West, Inc., in the amount of $39,405.00 - Public Works Agency PROJ 2172-1 RELOCATION OF WATER MAIN IN I-5/FIRST STREET BRIDGE - To Valverde Construction in the estimated amount of $76,625.00 with total estimated project cost of $96,988.00 - Public Works Agency PROJ 3131-111 CONSTRUCTION - SANTA ANA CORPORATE YARD - Removed for separate action. (See Minutes page 296.) PARKING LOT RECONSTRUCTION - FIRE STATION 5 - To Amteck Construction in the estimated amount of $16,076.00 with total estimated construction cost of $21,576.00 - Planning and Building Agency PROJ 6274 PACIFIC AVENUE IMPROVEMENTS FROM MCFADDEN AVENUE TO MYRTLE STREET - To R. J. Noble Company in an estimated amount of $238,117.67 with total estimated construction cost of $283,000.00 - Public Works Agency PROJ 7071 GRAFFITI REMOVAL SERVICE - Removed for separate action. (See Minutes page 2970 ClTY COUNCIL MINU'rE~ 290 SEPTEMBER 21, 1992 ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATIONS Motion: Receive and file. KAGHAZCHI, Mehran - "Round Table Pizza" - 1212 E. 17th St. Original, type 41 On-sale beer and wine, public eating place Police: No protest Planning: No action required NGUYEN, Cindy Kim and Quan Duc and KING, Herbert S. - "Harbor West Mkt." - 3710 W. Westminster, #A, Person-to-person transfer, type 20 Off-sale beer and wine Police: No protest Planning: No action required THRIFTY CORP. - "Thrifty" - 2709 N. Bristol, Stock transfer, type 20 Off- sale beer and wine Police: No protest Planmng: No action required THRIFTY CORP. - "Thrifty" - 419 E. First St., Stock transfer, type 21 Off- sale general Police: No protest Planning: No action required THRIFTY CORP. - "Thrifty" - 3325 S. Bristol St., Stock transfer, type 21 Off- sale general Police: No protest Planning: No action required THRIFTY CORP. - "Thrifty" - 1406 W. Edinger Ave., Stock transfer, type 21 Off~sale general Police: No protest Planmng: No action required ALPHA BETA CO. - "Alpha Beta" - 2140 S. Bristol St., Stock transfer, type 21 Off-sale general Police: No protest Planning: No action required ALPHA BETA CO. - "Alpha Beta" - 420 W. 17th St., Stock transfer, type 21 Off~sale general Police: No protest Planning: No action required CITY COUNCIL MINLrrES 291 SEI'I'EMBER 21, 1992 5,1, REZA, Ramon D. - "Stagecoach" - 1212 E. Pomona St., #A, Dropping partner off, type 42 On-sale beer and wine, public premises Police: No protest Planning: No action required ANGEL, Aurora and Jose - "Gilberto's" - 1007 S. Bristol St., #C, Dropping parmer off, type 41 On-sale beer and wine, public eating place Police: No protest Planning: No action required CERVANTES, Michael and Aliela - "El Ojo de Agua" - 608 E. Central Ave., Original, type 40 On-sale beer Police: Protest based on above-average crime rate Planning: Conditional Use Permit required FILE BK 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 IBI GROUP - For planning and engineering analysis for Santa Ana's portion of the Central Orange County Fixed Guideway Project in an amount not to exceed $49,775.00 - Public Works Agency A-92-117 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC. - Amendment to agreement for construction engineering services for computerized telemetry and control system increasing the not-to-exceed amount of $69,440.00 to $87,125.00 - Public Works Agency A-92-1118 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE AND THE ORANGE COUNTY FLOOD CONTROL DISTRICT - Amendment to the stormwater permit agreement adding the cities of Laguna Hills and Lake Forest and establishing a Technical Advisory Group - Public Works Agency A-92-119 12.D. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA UNIFIED SCHOOL DISTRICT - To provide funds for installation of safety equipment and lunch shelter at the Pio Pico Annex Elementary School in the estimated amount of $52,150.00 - Community Development Agency A-92-120 CITY COUNCIL ~ 292 SEPI'EMBER 21, ]992 12.E. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PROFESSIONAL SERVICE INDUSTRIES, INC. - For testing and inspection services for Corporate Yard construction in an amount not to exceed $180,136.00 - Public Works Agency A-92-121 (COUNCILMEMBER ACOSTA voted "NO".) 12.F. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TECHNOLOGY EXCHANGE CENTER - For continuing City-wide quality improvement training in the amount of $110,480.00 - Personnel Services (COUNCILMEMBER ACOSTA voted "NO"; COUNCILMEMBER GRISET abstained.) A-92-122 BOARDS/COMMISSIONS/COMMITTEES 13.A. NOMINATIONS Motion: Set for consideration at next regular meeting. Nydia F. Hernandez, 2730 N. Flower, recommended by COUNCILMEMBER RICHARDSON as the Ward 2 representative to the Library Board for a partial term expiring November 30, 1994 (Replacing Mendoza) FILE BC Deborah G. Cooper, 932 W. 20th St., recommended by COUNCILMEMBER ACOSTA as a representative to the Human Relations Commission for a partial term expiring November 30, 1994 FILE BC 13.B. Motion: RESIGNATIONS Accept with regret; authorize preparation of appropriate recognition for service to the City. George Allen, Private Sector Representative to the Private Industry Council by letter dated September 4, 1992 FILE BC Albert Gipson, Ward 4 representative to the Human Relations Commission by telephone to the Clerk of the Council on September 14, 1992 FILE BC CITY COUNCIL MINUTES 293 SEPTEMBER 21, 1992 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The September 8, 1992 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:45 p.m. on September 8, 1992. 15.B. The Notice of Adjournment of the September 8, 1992 City Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 7:30 p.m. on September 8, 1992. 15.C. The letter of resignation from George Allen, a Private Sector Representative to the Private Industry Council, was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:45 a.m. on September 11, 1992 (effective September 4, 1992). 15.D. The Notice of Adjournment of the September 15, 1992 City Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:45 a.m. on September 11, 1992. 15.E. The resignation by Albert Gipson from the Human Relations Commission was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:45 a.m. on September 15, 1992 (effective September 14, 1992). REPORTS Motion: 16.A. Receive and file. UNINVESTIGATED LIABILITY CLAIMS FOR THE MONTH OF AUGUST 1992 - Clerk of the Council FILE BK HEARINGS AND RELATED MATTERS 18.A. ABANDONMENT 90-A5 - PORTIONS OF PINE, GARNSEY AND PARTON Motion: Adopt resolution setting a public hearing on October 19, 1992. RESOLUTION 92-084 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate portions of Pine Street, Garnsey Street and Parton Street near Santa Ana High School, setting a public hearing thereon, and directing notice thereof to be posted and published - Community Development Agency FILE BK CITY COUNCIL MINUTES 294 SEI'I'I~MBER 21, 1992 NON-CATEGORIZED ITEMS 19.A. PAYMENT - EARTHQUAKE-RELATED DAMAGES AT TRANSIT TOWER - RECREATION AND COMMUNITY SERVICES Motion: Authorize. Payment of emergency clean-up expenses, replacement computer costs and other related water damage expenses in an amount not to exceed $100,000.00 pending insurance reimbursement - Recreation and Community Services Agency FILE BK 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, bat 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. Motion: ZOA 92-001 - REVISED ZONING REGULATIONS - CHAPTER 41 (Placed on first reading on September 8, 1992 by a 5/0 vote with McGuigan and Norton absent.) Ordinance published in the O.C. Re_oorter on September 11, 1992 Place ordinance on second reading and adopt. ORDINANCE NS-2176 - An ordinance of the City of Santa Ana amending Sections 41-193, 41-313, 41-424.5, 41-478, 41-1306, and 41-1412 of the Santa Ana Municipal Code and adding Section 41-1414, to make various changes in the zoning regulations of the City - Planning and Building Agency FILE BK 21.B. AMENDMENT APPLICATION 1059 - SPECIFIC DEVELOPMENT PLAN 20 (Placed on first reading on September 8, 1992 by a 5/0 vote with McGuigan and Norton absent.) Ordinance published in the 0.C. Reporter on September 11, 1992 crrY COUNCIL MINUTES 295 SEPYEMBER 21, 1992 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2177 - An ordinance of the City of Santa Ana amending Specific Development Plan No. 20, pertaining to the FHP Inc. development project - Planning and Building Agency FILE AMAP BUDGET ADJUSTMENTS 60.A. APPROPRIATION ADJUSTMENT 93-075 - SOUTHWEST SENIOR CITIZENS CENTER Motion: Approve. (Requires five affirmative votes) Increase in budgeted revenues and expenditures in Fund 11 recognizing $500.00 in unanticipated revenue and appropriating same to Southwest Senior Citizens Center - Finance and Management Services FILE APAD *** END OF CONSENT CALENDAR*** BUSINESS SESSION PROJECTS - MAINTENANCE, CONSTRUCTION OR IMPROVEMENT OF PUBLIC FACILITIES CONSTRUCTION - SANTA ANA CORPORATE YARD Staff and slide presentation by Public Works Agency Executive Director Jim Ross and Finance and Management Services Fleet Manager Darrell Pennington Motion: Award in accordance with Request for Council Action. To S. J. Amoroso Construction in the amount of $12,375,000.00 with total estimated construction cost of $14,124,500.00 - Public Works Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: Norton SECOND: Richardson Acosta, Griset, McGuigan, Pulido, Richardson, Young None PROJ 6209E CITY COUNCIL MINUTES 2~ SEI'rEMBER 21, 1992 3.6. GRAFFITI REMOVAL SERVICE A1 Amezcua, 1030 W. Glenwood, informed the Council that the United Gangs Council had been instrumental in organizing a neighborhood clean-up in the Delhi area which included graffiti removal. He expressed hope that graffiti removal expenditures would ultimately be reduced and the funds redirected to youth programs. Motion: Approve. Extension of contract with Graffiti Control Systems for one year in an amount not to exceed $300,000.00 - Public Works Agency MOTION: Pulido SECOND: McGuigan VOTE: AYES: Acosta, Griset, McGuigan, Pulido, Richardson, Young NOES: None ABSENT: Norton PROJ 2168 RESOLUTIONS 35.A. APPLICATION - CAPITAL IMPROVEMENT FUNDS FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER Motion: Adopt resolution. RESOLUTION 92-085 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to apply for Article XIX Transit Capital Improvement Funds, and to execute an agreement for the use of such funds, on behalf of the City of Santa Aha - Public Works Agency MOTION: McGuigan SECOND: Richardson VOTE: AYES: Acosta, Griset, McGuigan, Pulido, Richardson, Young NOES: None ABSENT: Norton FILE BK In response to Councilmember Acosta's inquiry, Community Development Agency Executive Director Cindy Nelson indicated she would provide the Council with additional detail concerning the air conditioner repair and the repair and replacement of roof tiles at the Regional Transportation Center included in Item 35.A. CITY COUNCIL MINUTES 297 SEI'I'Ifl~BER 21, ~ 35.B. Moron: CONFLICT OF INTERF~T CODES - SOUTH MAIN STREET AND INTER CITY COMMUTER STATION REDEVELOPMENT PROJECT AREA COMMITI'EES Adopt resolution. RESOLUTION 92-086 - A resolution of the City Council of the City of Santa Ana approving a Conflict of Interest Code for the Project Area Committee of the South Main Street and Inter City Commuter Station Redevelopment projects - Community Development Agency MOTION: Pulido SECOND: Richardson VOTE: AYES: Acosta, Griset, McGuigan, Pulido, Richardson, Young NOES: None ABSENT: Norton FILE BK PUBLIC HEARINGS 75.A. DEVELOPMENT FEE - MEMORY LANE INTERCEPTOR Proposal to establish a sewer development fee for the Memory Lane Interceptor by increasing the sewer connection fee from $51 to $98 per fixture unit for new development within the area serviced by this project. Legal Notice published in O.C. Register on September 11 and 18, 1992 The Mayor opened the public hearing regarding establishment of a Sewer Development Fee for the Memory Lane Interceptor at 6:57 p.m. Presentation of staff report and staff comments by: Public Works Agency Water Resources Manager I~e Harry Presentation of written comments by Clerk of the Council Janice C. Guy: None There were no speakers on the matter. The Mayor closed the public heating at 6:59 p.m. Motion: Place the following ordinance on first reading and authorize publication of title. ORDINANCE NS-2178 - An ordinance of the City of Santa Ana establishing the Memory Lane Interceptor Sewer Development Fee - Public Works Agency C~ COUNCIL MINUTES 2~ SFA~FF, MBER 21, 1992 MOTION: Richardson VOTE: AYES: NOES: ABSENT: Norton SECOND: Pulido Acosta, Griset, McGuigan, Pulido, Richardson, Young None FILE BK COMMENTS PUBLIC COMMENTS A1 Amezcua, 1030 W. Glenwood, reported to the City Council that United Way had agreed to assist with the funding for a youth center. He also invited the Councilmembers to participate in a racquetball tournament at El Salvador Park on Saturday, September 26, 1992. Frank Dominguez, United Way, confirmed that United Way would be serving as the fiscal agent for the planned youth center. David Keller, 1605 N. Parton, informed the Council that on September 29, 1992 the Reason Foundation would hold a seminar on "Balancing Budgets without Raising Taxes" at the Hyatt Regency in Irvine and suggested attendance by City personnel at the seminar might benefit the City. Madeline Arakelian, 2021 Business Center Drive, Irvine, expressed concern regarding the lack of response by the City to the issues which had been raised at earlier Council meetings concerning trash hauling. She reported that Waste Management, the City's current trash contractor, had been indicted in San Jose for improper practices with regard to trash dumping. Dolores Otting, 2130 Canyon Drive, expressed concerns regarding excessive trash charges for Santa Ana residents and provided Councilmembers with copies of a court case titled "Waste Management of the Desert, Inc., et al, vs. Palm Springs Recycling Center, Inc." Suszan Ales, 2138 N. Candis, informed the listening audience of an upcoming City Council Candidates Forum on Sunday, September 27, 1992 at the Isaak Walton Clubhouse and explained the format and procedures to be used for the forum. 90.C. CITY COUNCIL COMMENTS In reference to the September 20, 1992 traffic tragedy (see Minutes page 288), Councilmember Acosta asked if the City could assist elementary schools educate students about the use of seatbelts as a safety measure. CITY COUNCIL MINIJTES 2~9 SEFI'EMBER 21, 1992 Councilmember McGuigan expressed her sincere thanks to all who had extended sympathy to her and her family on the recent death of her husband and especially thanked Angi Christensen of the City Manager's Office for responding to constituents' concerns. Mayor Pro Tern Pulido encouraged the use of local labor for the new Santa Ana Corporate Yard Construction project. Councilmember Richardson requested that the organizers of the recent Fiestas Patrias de Independencia event be recognized for their outstanding work. He also requested that the City expedite the demolition of the Emerson Electric Building at the Interstate 55/MacArthur off-ramp. Richardson also reported that two inappropriate billboards had been posted by Patrick Media Group on property immediately adjacent to Kennedy Elementary School and requested the Council communicate its strong displeasure regarding the billboard's content to the advertising agency. Councilmember Griset requested the Mayor and staff undertake any and all actions necessary to encourage convenient transportation for workers using the Interstate 91 Freeway between Orange and Riverside Counties. Mayor Young reiterated Councilmember Richardson's concerns regarding the Emerson Electric Building, noting the building was an extreme safety hazard, and requested the City Attorney pursue any legal remedies possible to hasten the building demolition. He also encouraged staff to assist businesses, such as Randall's Restaurant, which were located on a ground floor but not visible to "drive-by" traffic with placement of signage for their businesses. RECESSED TO CLOSED SESSION - 7:25 P.M. - ROOM 147 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 in to which the City was a party to wit: City of Santa Ana vs. Ha'Penny Inn et al RECONVENED - COUNCIL CHAMBERS - 7:32 P.M. - All Councilmembers present except Councilmembers Pulido and Norton who were absent. COUNCIL ~ 300 .,q~J-ll~ma'~ mi, L~ 70.A. Moron: CLOSED SESSION REPORT Authorize settlement as follows: Bankruptcy case of Cecil Wright in partial settlement with Ha'Penny Inn et al, in the amount of $20,000.00. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: SECOND: Richardson Acosta, Griset, McGuigan, Richardson, Young None Pulido, Norton ADJOURNED - 7:33 P.M. - In honor of the victims of the tragic traffic accident at Flower Street and Civic Center Drive on Sunday, September 20, 1992. Clerk of the Council CITIr COUNCIL MINOTES 351 SE~'~:MBER 21, L09 2