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HomeMy WebLinkAbout02-16-1993MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 16, 1993 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:08 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern 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 PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation declaring February 16, 1993 as "Judy Fluor-Runels Day" presented by MAYOR YOUNG to Judy Fluor-Runels in recognition of her support of the Bowers Museum CITY COUNCIL MINUTES 61 FEBRUARY 16, 1993 A copy of the book, A Century_ of Service: The History of the DAR, presented by Daughters of the American Revolution (DAR) members Denise Quigley, Patricia Rhodes, Penny Waren and Charlotte Coates to MAYOR YOUNG in appreciation of his support of their organization Resolution designating the Santa Ana Council of Arts and Culture as the City's official ambassador of arts and culture presented by MAYOR PRO TEM PULIDO to Arts Council President Don Cribb Proclamation recognizing Wiley L. Kimbrough Lodge 91 presented by COUNCILMEMBER RICHARDSON to Worshipful Master Willie E. "Bill" Mack and lodge members Andre Johnson, Rufus Harrison, Thurston "T.T." Thompson, Xavier Smith, Robert "Leo" Head and Franklin Simmons League of California Cities Award recognizing outstanding contributions to the Advancement of Minorities and Women presented by MAYOR PRO TEM PULIDO to City Manager David Ream OATHS OF OmCE Administered by the Clerk of the Council to: Larry Castellanos as the Ward 1 representative to the Environmental and Transportation Advisory Committee Sean H. Mill as a representative to the Uniform Code Appeals Board CONSENT CALENDAR The Clerk of the Council noted that the nomination of Isabel Monje had been added to the Consent Calendar (Item 13.A.) and that staff had requested a continuation of Item 22.A. to March 1, 1993. CITY COUNCIL MINUTES 62 FEBRUARY 16, 1993 Motion: Approve staff recommendations on the following Consent Calendar Items ax amended. MOTION: VOTE: Pulido SECOND: Mills AYES: NOES: ABSENT: None Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None MINUTES Motion: 1.A. 1.B. ADMINISTRATIVE MATTERS Approve Minutes. ADJOURNED REGULAR MEETING OF JANUARY 26, 1993 ADJOURNED REGULAR MEETING OF JANUARY 28, 1993 (Young abstained) REGULAR MEETING OF FEBRUARY 1, 1993 ADJOURNED REGULAR MEETING OF FEBRUARY 4, 1993 (Norton, Richardson, Young abstained) BOARDS/COMMISSIONS/COMMITTEES 13. A. NOMINATIONS Motion: Set fi~r consideration at next regular meeting. Kathi Jo Brunning, 2414 N. Spruce, recommended by COUNCILMEMBER NORTON as the City's representative to the Santiago Library System Advisory Board for a first full term expiring March 1, 1995 (Replacing Williams) FILE BC Richard Fennell, 920 N. Olive, recommended by COUNCILMEMBER LUTZ as the Ward 5 representative to the Board of Recreation and Parks for a first full term expiring November 30, 1996 (Replacing Stroud) FILE BC CITY COUNCIL MINU'i'ES 63 FEBRUARY 16, 1993 James F. Kendrick, Jr., 1323 N. Spurgeon, #4B, recommended by COUNCILMEMBER NORTON as the Ward 6 representative to the Board of Recreation and Parks for a partial term expiring November 30, 1994 (Replacing Dean) FILE BC Richard D. LaRochelle, Sr., 2417 N. Brynwood, recommended by COUNCILMEMBER MILLS as a representative to the Uniform Building Code Appeals Board for a first full term expiring November 30, 1996 (Replacing Russell) FILE BC Donna M. Marcos, 4213 Lilac Avenue, recommended by COUNCILMEMBER NORTON as the Ward 6 representative to the Housing Advisory Commission for a partial term expiring November 30, 1994 (Replacing Schull) FILE BC Isabel V. Monje, 1905 W. St. Andrew Place, recommended by COUNCILMEMBER MILLS, as the Ward 3 representative to the Board of Recreation and Parks for a first full term expiring November 30, 1993 (Replacing Wild) FILE BC R. Bryan Smith 1603 N. French, as the Ward 5 representative to the Housing Advisory Commission for a first full term expiring November 30, 1996 (Replacing Ball) FILE BC 13.B. Motion: APPOINTMENTS Appoint. John Garthe, 1104 Freeman, as a representative to the Uniform Code Appeals Board for a third term expiring November 30, 1996 FILE BC Manuel J. Pefia, 4812 W. McFadden, as a representative to the Uniform Code Appeals Board for a first full term expiring November 30, 1996 FILE BC Ollie L. Whitaker, 2102 W. Moore, recommended by COUNCILMEMBER LUTZ as the Ward 5 representative to the Library Board for a first full term expiring November 30, 1996 (Replacing Kirwan) FILE BC CITY COUNCI~ MINUTES 64 FEBRUARY 16, 1993 CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The February 1, 1993 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on January 27, 1993. 15.B. The February 4, 1993 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:40 p.m. on February 1, 1993. 15.C. The Notice of Adjournment of the February 1, 1993 City Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:40 p.m. on February 1, 1993. 15.D. Frances Williams' resignation from the Personnel Board effective February 2, 1993 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m, on February 2, 1993. 15.E. The Notice of Adjournment of the February 4, 1993 City Council Meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:35 a.m. on February 5, 1993. 15.F. The February 9, 1993 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 12:30 p.m. on February 5, 1993. BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. METER/VALVE BOXES AND MANHOLE ASSEMBLIES - PUBLIC WORKS AGENCY - For a 12-month period with provision for two one-year extensions - Finance and Management Services SPEC 92-186 Contractor Armorcast Products Company Eisel Enterprises, Inc. Quazite c/o Calectro, Inc. Est. Annual Amt. $50,477.00 12,920.00 1,957.00 STREET LIGHTING MAINTENANCE SERVICES - To Superior Signal Service Corporation for the period March 1, 1993 through February 28, 1994 in an amount not to exceed $110,000.00 - Finance and Management Services SPEC 93-002 CITY COUNCIL MINIJTES 65 FEBRUARY 16, 2oC. ANNUAL SERVICE AND SOFTWARE LICENSE FEE - CITYWIDE COMPUTER APPLICATIONS - To EDP Systems, Inc. for a one-year period with provision for three one-year extensions in the amount of $26,811.00 - Finance and Management Services SPEC 93-017 Motion: 2.D. Renew contracts for a third year. WATER METERS - PUBLIC WORKS - Finance and Management Services SPEC 90-073 Contractor Badger Meters, Inc. Schlumberger Industries Est. Annu~ Amt. $164,990.00 15,246.00 Motion: 2.E. Renew contract as the first of two one-year renewals. PRINTING "VISIONS" (EMPLOYEE NEWSLETTER) - PERSONNEL SERVICES - With B & Z Printing in the estimated amount of $10,720.00 - Finance and Management Services Agency SPEC 91-107 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. WATER MAIN RELOCATION FROM MEMORY LANE TO MAIN PLACE DRIVE - To D. M. Kisling Construction in the estimated amount of $127,800.00 with total estimated construction cost of $147,790.00 - Public Works Agency PROJ 3131B CONSTRUCTION - SANTA ANA FIRE STATION 1 - (Deleted from Agenda at Staff's request) PROJ 6218 SANTIAGO PARK IMPROVEMENTS AT LAWN BOWLING CLUBHOUSE AND GREENS - To R. W. Daniels Landscape Contracting, Inc. in the amount of $43,403.00 with total estimated construction cost of $53,500.00 - Public Works Agency PROI 6295/6297 Motion: 3.D. Approve. ELK LANE (U-6) STORM DRAIN - Change Order 3 increasing project costs in the amount of $17,896.00 - Public Works Agency PROJ 4084 CITY COUNCEL MINUTES 66 FEBRUARY 16, 1993 Motion: 3.E. Direct staff to design. LANDSCAPE IMPROVEMENTS FOR GREENVILLE STREET BETWEEN WARNER AND SEGERSTROM - (Morning Sunwood Neighborhood Association request) PROJ AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 12.A. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ORANGE COUNTY FLOOD CONTROL DISTRICT - For seismic rehabilitation of the Fairview Bridge over the Santa Aha River - Public Works Agency A-93-011 12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN - For the inclusion of the traffic signal at Warner Avenue and Pullman Street in the current shared-cost maintenance and operation agreement - Public Works Agency A-93-012 12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VALLEY ARCHITECTURAL COLLABORATIVE - For architectural and engineering services for remodeling the Emergency Operation Center at Fire Station 5 in the amount of $36,760.00 - Public Works Agency A-93-013 12.D. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GEOBASE, INC. - Amendment to agreement for geotechnical engineering services on Amazon's Edge project for additional services in the amount of $5,086.00 - Public Works Agency A-93-014 12.E. DESIGN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ASL CONSULTING ENGINEERS - Amendment to engineering services contract in the amount of $100,000.00 for a total contract amount of $400,000.00 and extending the term through FY 93-94 - Public Works Agency A-93-015 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND IWA ENGINEERS - Amendment to engineering services contract in the amount of $100,000.00 for a total contract amount of $400,000.00 and extending the term through FY 93-94 - Public Works Agency A-93-016 CITY COUNCIL MINUTES 67 FEBRUARY 16, 1993 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CHURCH ENGINEERING, INC. - Amendment for engineering services in the amount of $100,000.00 for a total contract amount of $400,000.00 and extending the term through FY 93-94 - Public Works Agency A-93-017 APPROPRIATION ADJUSTMENTS 60.A. APPROPRIATION ADJUSTMENT 93-155 - SECTION 8 HOUSING NEW CONSTRUCTION PROGRAM Motion: Approve. (Requires five affirmative votes) Increase in budgeted revenues and expenditures in Fund 139 recognizing $299,686.00 in unanticipated revenue and appropriating same for Section 8 New Construction Program - Finance and Management Services FILE APAD 22.A. Motion: GRANTS/APPLICATIONS ORANGE COUNTY TRANSPORTATION AUTHORITY COMBINED TRANSPORTATION FUNDING PROGRAM Continue Resolution 93-011 to March 1, 1993. RESOLUTION 93-011 - A resolution of the City Council of the City of Santa Aha approving the submittal of certain improvement projects to the Orange County Transportation Authority for funding under the Combined Transportation Funding Program - Public Works Agency FILE BK MISCELLANEOUS - BUDGET 23.A. BUILDERS' RISK INSURANCE - NEW CITY YARD Motion: Approve. Purchase of Builders' Risk Insurance from Home Insurance Company for the City Yard Project for $36,643.00 - Personnel Services FILE BK CITY COUNCIL MINUTES 68 FEBRUARY 16, 1993 LAND USE MATTERS MISCELLANEOUS - LAND USE 24.A. APPEAL APPLICATION 92-006 - VA 92-009 - 1400 VILLAGE WAY (Public hearing on this item was continued by Council on January 19, 1993.) Motion: Approve. Referral of appeal application to Planning Commission for additional review at request of applicant. FILE VA *** END OF CONSENT CALENDAR*** BUSINESS CALENDAR ORDINANCES/FIRST READING 25.A. PROHIBITING PARKING AND DRIVING OF PRIVATE BUSES ON RESIDENTIAL STREETS Leopold Guzman, 120 N. Wright, and Joseph Powell, 109 N. Wright, spoke in support of proposed Ordinance NS-2185. Arnita Moon, Orange County Department of Education, expressed concern that the ordinance would impose extreme hardship on van and other transportation operators the Department has contracted to provide school bus services to Santa Aha students since the ordinance would prohibit overnight parking of buses on local streets. Richard Gomez, Transportes InterCalifornias, Los Angeles, expressed concern that the ordinance would put his bus company out of business. Motion: 1. Direct the City Attorney to prepare language which wouM exempt Department of Education bases from the ordinance. 2. Instruct staff to investigate possible relocation of the Transportes lnterCalifornias Bus Company from its present site to the Regional Transportation Center 3. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2185 - An ordinance of the City of Santa Ana prohibiting the parking and driving of private buses on local streets - Public Works Agency CITY COUNCIL MINUTES 69 FEBRUARY 16, 1993 MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Mills Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None FILE BK 25.B. Motion: AMENDMENTS TO PERS CONTRACT 1. Adopt resolution. RESOLUTION 93-012 - A resolution of the City Council of the City of Santa Ana declaring its intention to approve an amendment to the contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City of Santa Ana- Personnel Services 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2186 - An ordinance of the City of Santa Ana authorizing an amendment to the contract between the City Council of the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System (to provide two years' additional service credit for local safety members) - Personnel Services MOTION: Richardson SECOND: Pulido VOTE: A YES: NOES: Lum, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None AGMT RESOLUTIONS 35.A. SANTA ANA REGISTER OF HISTORIC PROPERTY - 1402 N. BUSH Motion: Adopt resolutions. RESOLUTION 93-013 - A resolution of the City Council of the City of Santa Ana designating a certain building as historical property for inclusion in the City of Santa Ana Register of Historic Property (The Banks House) - Community Development Agency CITY COUNCIL MINUTES 70 FEBRUARY 16, 1993 MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None FILE SA REGIS 35.B. Moffon: DESTRUCTION OF RECORDS - CITY ATTORNEY'S OFFICE Adopt resolution. RESOLUTION 93-014 - A resolution of the City Council of the City of Santa Ana approving the destruction of certain records in the office of the City Attorney - City Attorney MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Mills Lutz, Mills, Moreno, Pulido, Richardson, Young Norton FILE BK RECESSED - 7:22 P.M. RECONVENED - 7:44 P.M. - All Councilmembers present PUBLIC HEARINGS 75.A. GPA 92-009 - CIRCULATION ELEMENT OF THE GENERAL PLAN Proposal to amend the Circulation Element of the General Plan by defining and designating the location of "enhanced intersections," upgrading the classification of Owens Drive between Broadway and Lawson Way from a primary arterial to a major arterial, and adding a definition for "local street." Legal notice published in the Register on February 12, 1993 Recommended for approval by the Planning Commission on January 25, 1993 by a 7/0 vote The Mayor opened the public hearing regarding General Plan Amendment 92-009 at 7:44 p.m. CITY COUNCIL MINUTES 71 FEBRUARY 16, 1993 Presentation of staff report and staff comments by Planning and Building Agency Executive Director Robyn Uptegraff Presentation of written comments by Clerk of the Council Janice C. Guy: Three, from Suszan Ales, Trish McCurley, and Mary Stickley requesting continuation of Item 75.A. for two weeks. Louis Anderson, 2114 N. Tamy Lane, on a side note reported the death of Clark Dye, a prominent businessman in Santa Ana. With regard to the General Plan Amendment, Anderson requested that the definition of "local" street be clarified, and that "local" streets be identified by name. There were no other speakers on the matter. Motion: Continue the public hearing to March 1, 1993 MOTION: Moreno SECOND: Norton VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None FILE GPA 75.B. ABANDONMENT 91-Al - PORTION OF AUTO MALL DRIVE EAST OF RITCHEY Filed by the Auto Mall Dealers Association to abandon a portion of Auto Mall Drive east of Ritchey Street Legal Notice published in the Register on February 5 and 12, 1993 Recommended for approval by the Planning Commission by a 4/0 vote with Doughty and Miller absent The Mayor opened the public hearing regarding Abandonment 92-A1 at 7:56 p.m. Presentation of staff report and staff comments by Community Development Agency Executive Director Cindy Nelson 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 hearing at 7:57 p.m. CITY COUNCIL MINUTES 72 FEBRUARY 16, 1993 Motion: Adopt resolution. RESOLUTION 93-016 - A resolution of the City Council of the City of Santa Ana vacating a portion of Auto Mall Drive east of Ritchey Street - Community Development Agency MOTION: Pulido SECOND: Moreno VOTE: AYES: NOES: Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None ABSENT: None FILE ABAN CITY COUNCIL AGENDA ITEMS 85.A. STREET NAME REQUEST - MARTIN LUTHER KING BOULEVARD (MORENO) Presentation by Pastor Van Roberson, Greater Light Missionary Baptist Church, recommending Fairview Street be designated "Martin Luther King Boulevard." Motion: Refer to the Planning Commission for recommendation. Request from the Baptist Ministers Fellowship Conference to name a street in Santa Ana in honor of the Reverend Martin Luther King, Jr. MOTION: Moreno VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None FILE BK RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 8:01 P.M. RECONVENED - COUNCIL CHAMBERS - 8:02 P.M. - All Councilmembers present CITY COUNCIL MINIJTES 73 FEBRUARY 16, 1993 COMMENTS 90.A. PUBLIC COMMENTS James Colquitt, 2515 N. McFadden, endorsed the request by the Baptist Ministers Fellowship Conference to name a Santa Ana street in honor of the Reverend Martin Luther King, Jr. John Zarian, 1226 W. Santa Clara, reported the formation of the West Floral Park Neighborhood Association for the area bounded by Seventeenth Street, Santiago Creek, Bristol and Flower Streets. He also invited all Councilmembers to attend the first meeting of the new association scheduled for 7:00 p.m. on March 10, 1993 at Santiago Elementary School. The following speakers contended that two political mailers distributed by the Santa Ana Police Association Political Action Committee in the November 1992 election maligned the Hispanic community and called for a public apology from those involved: Ruben Martinez, 220 W. Third Street M. Esther Fonseca, 901 Civic Center Drive Felipe Cazares, 141 E. Pacific, La Habra Selene Cazares, 141 E. Pacific, La Habra Frank Castillo, 1247 S. Shelton Genevieve Southgate, 1102 Timberline Lane Manuel Esqueda, 1206 W. Walnut Valorie Thomas, 2024 Broadway Art Monez, 601 W. Seventeenth Street John Paiacio, 929 W. Corigan Felipe Plascencia, 501 N. Fourth Street, #237, Montebello Zeke Hernandez, 601 W. Seventeenth Jaime Vega, 1145 S. Birch, expressed concern regarding the mailer but also announced the intention of a group of Hispanic activists to stage a demonstration every Tuesday at the Santa Ana Library protesting the (alleged) decision by the City of Santa Ana and the Library Director to close the McFadden Branch Library. Mayor Young expressed his true regret for the racist overtones of the mailers; stated that the candidates endorsed in the mailers were not responsible for the publication; reiterated that the mailers were prepared and distributed without the candidates' knowledge; personally apologized for any problems the mailers caused; and declared his willingness to meet with anyone to discuss steps the community might take to put this issue to rest. Each Councilmember joined the Mayor in expressing a personal apology to the Hispanic community. CITY COUNCIL MINUTES 74 FEBRUARY 16, 1993 Judith Ware, Ware Disposal Company, Inc., expressed concern that the Request for Proposal issued by the City for trash collection and recycling services effectively eliminated small business competition. Dolores Otting, Five Star Rubbish, cited specific clauses in the Request for Proposal which caused her concern. Madeline Arakelian, Southcoast Refuse Corporation, complained that the Request for Proposal did not allow bids originated by the trash haulers. She also expressed concern that the City was violating her company's right to be a recycler. John Raya, 4618 W. Hollyline, opined that a prompt apology from the Council regarding the political mailers would have been preferable and urged the Council to carefully weigh the proposal to close the McFadden Branch Library. Miles Leach, 2025 W. Tenth Street, expressed concern that the trees in his neighborhood had been mutilated rather than trimmed. RECESSED TO CLOSED SESSION - 9:41 P.M. The Clerk of the Council announced the City Council was recessing to Closed Session pursuant to: Government Code Section 54956.9(b)(1) to confer with the City Attorney regarding pending litigation of significant exposure; and pursuant to Government Code Section 54957 to consider personnel matters City Manager performance review; and pursuant to Charter Section 705 which requires the City Council to consider the performance of the City Manager, Clerk of the Council, and City Attorney on their anniversary date RECONVENED - COUNCIL CHAMBERS - 9:48 P.M. - All Councilmembers present 70.A. CLOSED SESSION REPORT Motion: Authorize settlement as follows: Claim 92-143, Xochilt Hernandez, in the amount of $10,000.00 MOTION: Pulido SECOND: Norton CITY COUNCIL MINUTES 75 FEBRUARY 16, 1993 VOTE: AYES: NOES: ABSENT: None Lutz, Mills, Moreno, Norton, Pulido, Richardson, Young None 90.B. CITY COUNCIL COMMENTS Councilmember Mills reiterated that the candidates had not been involved in the controversial political mailers and expressed her personal apology to the Latino community. Councilmember Lutz encouraged the listening audience to attend the Alternative Repertory Theatre's latest production, "Moon for the Misbegotten." Councilmember Richardson requested the Council meeting be adjourned in honor of Clark Dye whose funeral service was scheduled for 11:00 a.m., February 22, 1993 at the First United Methodist Church. Councilmember Moreno commented that the City's program to place trash bins in neighborhoods for collection of large items needed to be reinstituted. ADJOURNMENT - 9:53 P.M. - In honor of Clark Dye To 5:30 p.m. February 23, 1993 in the Library Conference Room, Santa Ana Library, 26 Civic Center Plaza Clerk of the Council crrY COUNCIL MINUTES 76 FEBRUARY 16, 1993