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Home My WebLink About10-18-1993MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 18, 1993 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:13 P.M. ATTENDANCE PLEDGE OF ALLEGIANCE EMPLOYEE AWARDS COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern TOM LUTZ LISA MILLS TED R MORENO 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 MAYOR YOUNG 20 Years of Service Richard Martin Fire Department 20 Years of Service Jeffrey Morgan CITY COUNCILMIN1JTES 334 OCTOBER18, Lq93 PRESENTATIONS City Seal Plaque presented by MAYOR YOUNG to David M. Pace in recognition of his service on the Housing Commission State of California check in the amount of $100,000 in Petroleum Vehicle Escrow Account (PVEA) funds for video arraignment equipment presented to MAYOR YOUNG by ASSEMBLYMEMBER TOM UMBERG Proclamation declaring October 18-22, 1993 as "Red Ribbon Week" presented by COUNCIL- MEMBER RICHARDSON to Police Corporal John Reed, Honorary Chair of 1993 "Drug Free & Proud" campaign Slide presentation by Police Chief Walters and City Manager Dave Ream regarding proposed Police Administration and Jail Facility RECESSED TO CLOSED SESSION - ROOM 147 - 6:54 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: Montgomery vs. City of Santa Ana (Workers Compensation), pursuant to Government Code Section 549567.6 to meet with its designated representatives regarding labor relations matters, and pursuant to Government Code Section 54957 to consider personnel matters, specifically the Clerk of the Council's annual performance review required by Charter Section 705. RECONVENED - COUNCIL CHAMBERS - 7:15 P.M. - All Councilmembers present CITY COUNCIL MINUTES 335 OCTOBER 18, 1993 95.A. Motion: CLOSED SESSION REPORT Authorize settlement as follows: Montgomery vs. City of Santa Aha (Workers Compensation), compromise and release in the amount of $15,000.00. MOTION: Richardson VOTE: AYES: NOES: SECOND: Mills Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None Motion: ABSENT: None Authorize execution by the Mayor and Clerk of the following agreement. Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Officers Association for Fiscal Years 1993-94 and 1994-95 A-93-125 MOTION: Pulido SECOND: Richardson VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None CONSENT CALENDAR The Mayor announced the registration of a "NO" vote on Item 31.A. by Councilmember Mills and removal of Item 20.A. for separate action. The Clerk of the Council announced that the Minutes of October 4, 1993 had been amended to reflect an abstention by Councilmember Moreno on Item 23.A. on page 330. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: SECOND: Richardson Lutz, Mills, Moreno, No~on, Pulido, Richardson, Young None ABSENT: None CITY COUNCIL MINUTl~ 336 OCTOBER 18, 1993 MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes as amended. REGULAR MEETING OF OCTOBER 4, 1993 BOARDS/COMMISSIONS/COMMITTEES Motion: Receive and file report. 13.A. BIANNUAL ATTENDANCE REPORTS - APRIL THROUGH SEPTEMBER 1993 FILE BC CLERK OF Motion: 15.A. 15.B. THE COUNCIL POSTING REPORT Instruct Clerk to enter notice of posting into the Minutes. The October 4, 1993 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 12:00 noon on September 29, 1993. Herb Garza, Jr.'s resignation as a representative to the Uniform Code Appeals Board effective October 12, 1993 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 12:30 p.m. on October 12, 1993. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 94-076 - DISCOVERY MUSEUM OF ORANGE COUNTY ENVIRONMENTAL EDUCATION PROGRAM - Removed for separate action. (See Minutes page 341.) GRANTS/APPLICATIONS 21.A. CALIFORNIA USED OIL RECYCLING PROGRAM Motion: 1. Adopt resolution. CITY COUNCIL MINUTES 337 OCTOBER 18, 1993 RESOLUTION 93-086 - A resolution of the City Council of the City of Santa Aha approving an application for grant funds from the California Used Oil Recycling Block Grant program to develop and maintain a Used Oil Recycling program - Public Works Agency Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORICOM - For development and management of a used oil collection program in an amount not to exceed $87,970.00 - Public Works Agency A-93-114 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A. INSTALLATION OF COMPUTER HARDWARE FOR THE TEMPORARY HOLDING FACILITY (JAIL) - To Computer Deductions Incorporated in an amount not to exceed $2,500.00 - Finance and Management Services SPEC 93-056 Motion: 22.B. Approve first 12-month renewal option. PORTABLE TOILET RENTAL AND SERVICING - With A-Throne Co. in the estimated amount of $16,905.20 - Finance and Management Services SPEC 91-073 Motion: 22.C. Approve second of two one-year renewal options. COMPOUND WATER METERS - With Davis Taylor Jett in the estimated amount of $22,379.00 - Finance and Management Services SPEC 91-042 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. 23.A. ASPHALT CONCRETE TRENCH REPAIR AT VARIOUS LOCATIONS - To JDC General Engineering Contractor in the estimated amount of $368,400.00 with total estimated construction costs of $436,500.00 - Public Works Agency PROJ 3153A/3131 CITY COUNCIL MINUTES 338 OCTOBER 18, 1993 23.B. 23.C. INSTALLATION - RUBBERIZED SURFACE - THORNTON PARK PLAY MOUND - TO Hanson Associates, Inc. in the estimated amount of $17,189.00 with total estimated construction costs of $23,800.00 - Public Works Agency PROJ 6290 TREE REMOVAL - VARIOUS STREETS - To Lambaren Contractors, Inc. in the amount of $9,867.00 - Public Works Agency PROI 7080 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PELA/THE ELLIOTT GROUP - For preparation of a Bikeway Facilities Study in an amount not to exceed $38,500.00 - Public Works Agency A-93-115 25.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PEAK TECHNICAL - For temporary engineering services for timely completion of capital improvement projects in an amount not to exceed $100,000.00 - Public Works Agency A-93-116 25.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PHOUN SACK CHANTHAPANYA - For an additional 209 square feet of office space at 116A West Fourth Street for the Downtown Development Division in the additional monthly amount of $209.00 - Community Development Agency A-93-117 25.D. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND POD/TLA - For design and construction documents for the Santa Ana Zoo Bird Aviary in the amount of $53,450.00 - Recreation and Community Services A-93-118 25.E. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STEVEN G. WHITE, MAI - For appraisal services for right-of-way acquisitions to enhance intersections on Grand at First, Second and Fourth Streets in an amount not to exceed $22,000.00 - Community Development Agency A-93-119 25.F. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND WILLDAN ASSOCIATES - For design and construction documents for the Jerome Park Renovation project in the amount of $45,064.00 - Recreation and Community Services A-93-120 CITY COUNCIL MINUTES 339 OCTOBER 18, 1993 25.G. 25.H. 25.1. 25.J. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE - Cooperative agreement for widening the approaches to the 17th Street overcrossing of State Route 55 - Public Works Agency A-93-121 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNICATIONS SUPPORT GROUP - For cable television consulting services for a period of one year in the amount of $35,700.00 - Recreation and Community Services A-93-122 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GENERAL LEARNING CLIMATES (GLC) ASSOCIATES - For organizational development consulting in the Public Works Agency in an amount not to exceed $20,000.00 - Public Works Agency A-93-123 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LANDSCAPE IRRIGATION CONSULTING - For design and construction project documents for Santa Ana Zoo Irrigation System and Domestic Water Rehabilitation project in the amount of $21,910.00 - Recreation and Community Services A-93-124 LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY Motion: Approve deeds and authorize execution by City Manager and Clerk of the Council of all necessary documents. 30.A. CHE, MAI T. H. - 1345 S. Bristol - For the Bristol Street widening in the amount of $240,000.00 - Community Development Agency DEED 7686 30.B. ABERLE, NANCY - 3401 W. Castor - For Fire Training Facility in the southwest corner of Centennial Park in the amount of $110,000.00 - Community Development Agency DEED 7 6 9 3 CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Approve Notice of Exemption and file Findings of Fact. 31.A. VA 93-004 - 3400-3410 S. Main - Filed by Tom Kauffman to permit a reduction in required guest parking spaces and to allow a fence which exceeds CITY COIJNCIL MINUTES 340 OCTOBER 18, L~3 the allowable height for property in the C4 District - Planning and Building Agency Planning Commission Action: Approval (Councilmember Mills voted "NO") FILE VA *** END OF CONSENT CALENDAR*** BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 94-076 - DISCOVERY MUSEUM OF ORANGE COUNTY ENVIRONMENTAL EDUCATION PROGRAM Miles I~ach, 2025 W. Tenth Street, inquired as to whether the development of an Environmental Education Program was an allowable Measure M tax funds expenditure. Transportation Manager Joyce Amerson confirmed the proposed Program had been approved by the Measure M Oversight Committee. Motion: 1. Approve. (Requires five affirmative votes) Recognizing $46,160.00 in revenues from Measure M Transportation Demand Management/Transportation System Management Program in Fund 32 and appropriating same to the Discovery Museum of Orange County Environmental Education Program - Finance and Management Services FILE APAD Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DISCOVERY MUSEUM OF ORANGE COUNTY - For development of an Environmental Education Program in the amount of $46,160.00 - Public Works Agency A-93-113 MOTION: Pulido SECOND: Moreno VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None CH'Y COUNCIL MINUTES 341 OCTOBER 18, 1993 BUSINESS 50.A. Motion: CALENDAR REVISION OF CITATION AUTHORITY - PUBLIC WORKS AGENCY Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2207 - An ordinance of the City of Santa Ana amending Section 1-18.2 of the Santa Ana Municipal Code relating to the Public Works Department's enforcement authority - Public Works Agency MOTION: Mills SECOND: Richardson VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK RESOLUTIONS 55.A. FEE WAIVER - UNDERGROUND UTILITY DISTRICTS Motion: Adopt resolution. RESOLUTION 93-087 - A resolution of the City Council of the City of Santa Ana waiving Chapter 8 fees for work done in connection with the undergrounding of utilities in underground utility districts - Public Works Agency MOTION: Pulido SECOND: Richardson VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK 55.B. Motion: EXECUTION OF PROGRAM SUPPLEMENTS - WESTMINSTER WIDENING PROJECT Adopt resolution. CITY COUNCIL MINUTES 342 OCTOBER 18, 1993 RESOLUTION 93-088 ~ A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to execute certain program supplements to the agreement between the City of Santa Ana and the State of California regarding the Westminster Avenue widening project - Public Works Agency MOTION: Lutz SECOND: Mills VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK 55.C. DEVELOPMENT FEES REDUCTION - TRANSPORTATION SYSTEM IMPROVEMENT AREAS B, E AND F Richard Meruelo, 111 N. Main Street, again asked the Council to waive or lower the transportation fees on his proposed project at the corner of First and Main Streets, indicating the Public Works Agency had waived street dedication requirements and that since there were no dedication requirements the transportation fees should similarly be waived. Motion: Adopt resolution. RESOLUTION 93-089 - A resolution of the City Council of the City of Santa Ana reducing the development fees for Transportation Improvement Program Areas B, E and F - Public Works Agency MOTION: Richardson SECOND: Pulido VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None FILE BK RECESSED TO COMMUNITY REDEVELOPMENT AGENCY o 7:25 P.M. RECONVENED - COUNCIL CHAMBERS - 7:26 P.M. - All Councilmembers present. CITY COUNCIL MINUTES 343 OCTOBER 18, 1993 COMMENTS 90.A. PUBLIC COMMENTS The following persons expressed concerns regarding increased taxes, particularly the possibility of an increase in the Utility Users Tax, to provide funding for the City's proposed Police Administration and Jail Facility, cited adverse impacts on the Hispanic community, and suggested that any increase in the Utility Users Tax be put to the voters: John Raya, Art Montez, LULAC, 1601 W. Broadway Taina Deutsch, Alianza, 1717 E. Birch Street, #203 Ted Crisell, 2433 N. Deodar Street Bernie LaChapelle, 1346 Rene Drive Florence Leach, 2025 W. Tenth Street The following persons expressed opposition to Proposition 174, the School Voucher Measure on the November 2, 1993 ballot, and requested the Council express its opposition to the Measure: Arnie Winer, 1002 W. Santa Clara Arlene Pavey, 2504-C N. Tustin Avenue Dr. Gladys Hall-Kessler, 1520 N. Grand Susan Early, 619 1/2 Marguerite Avenue, Corona Del Mar, offered to pay the City Council $2 million if the City would assist her in settling her legal suit. In response to the speakers urging a Council position on Proposition 174, the Mayor explained that Proposition 174 was not a City issue and that each Councilmember was free to express his/her support or opposition to Proposition 174. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno requested: - close monitoring by staff of the graffiti removal contract awarded at the last Council meeting; - an update on the negotiations between small trash haulers and Great Western; and - information on the present Utility Users Tax exemption for low-income residents. Moreno also expressed his opposition to Proposition 174. CffY COIINCIL MIN1JTI~ 344 OCTOBER 18, ffi In response to Councilmember Mills' inquiry, Police Chief Paul Walters provided statistics regarding the City's Graffiti Program, indicating that since March 1993, 692 arrests had been made and 3,000 of 5,000 hours of community service had been served in restitution. Councilmember Mills also complimented the Police Department on its recent receipt of the National Problem Solving Award given by the Police Executive Research Forum in Washington, D.C. Mayor Pro Tern Pulido requested that staff investigate establishment of curfews as a possible solution to decreasing juvenile offenses. Councilmember Richardson: - surmised the Sunday night cruising problem on Bristol Street would be reduced with the opening of the temporary jail facility since offenders could then be booked instead of being cited and released; - noted the approval by the Environmental and Transportation Committee of the French Court Permit Parking Plan and requested staff monitor its impacts to insure the parking problem did not simply move south to the adjacent French Park neighborhood; - requested staff to provide an update regarding a request for a cul-de-sac at Fourteenth Street and Grand Avenue; reported he had just returned from the League of California Cities Conference where he had made a presentation to the State's Fire Service leadership which supported Santa Ana's position that overcrowding leads to deadly situations for fire control; and - cited a lack of cooperation from the California Department of Housing and Community Development regarding reduction of overcrowding. COUNCILMEMBER NORTON ~ RESIGNATION Citing reasons of ill health, Councilrnember Rick Norton tendered his resignation to the City Council indicating he was no longer able to perform his Councilmember duties in the fashion his constituents deserved. Norton thanked Council, staff, the Police and Fire Departments, and the citizens for allowing him the privilege of serving the City. Mayor Young accepted Councilmember Norton's resignation on behalf of the City Council. In response to Mayor Young's query, City Attorney Cooper explained the steps the Council must take to fill the vacancy created by the resignation of Councilmember Norton. Cooper indicated that the Council must make an appointment to fill the vacancy within thirty days, and if the Council failed to make an appointment, a special election would have to be called. CITY COUNCIL MINUTES 345 OCTOBER 18, 1993 In response to Mayor Young's question, the Clerk of the Council reported that the cost of a special election could range between $87,500 and $140,000 and that the earliest date for such an election would be the first Tuesday in March 1994. By the unanimous informal consent of the Council, the Ward 6 Councilmember Office was declared vacant. The Mayor instructed the City Manager to notify community organizations in Ward 6 of the vacancy and to report the results of his communications to the Council. The Mayor noted that prospective appointees must be residents of Ward 6 for one year prior to the time of appointment and indicated that the Council would review all applications for the position at the November 15, 1993 Council meeting. ADJOURNMENT - 8:43 P.M. - In honor of Councilmember Richards L. "Rick" Norton ~ice C. Guy ~ Clerk of the Council CITY COUNCIL MINUTES 346 OCTOBER 18, 1993