HomeMy WebLinkAbout09-19-1994MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 19, 1994
CALLED TO ORDER
CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:11 P.M.
ATTENDANCE
COUNCILMEMBERS
Present:
DAN YOUNG, Mayor
TOM LUTZ
PATRICIA A. McGUIGAN
LISA MILLS
TED R MORENO
ROBERT L. RICHARDSON
Absent:
MIGUEL A. PULIDO, Mayor Pro Tem
STAFF
Present:
DAVID N. REAM, City Manager
EDWARD J. COOPER, City Attorney
JANICE C. GUY, Clerk of the Council
Absent: NONE
PLEDGE OF ALLEGIANCE
M~orYOUNG
EMPLOYEE AWARDS
MayorYOUNG
30 Years of Service
Richard Zugman
Police Officer
Police Department
CITY COUNCIL MINUTES 240 SEPTEMBER 19, 1994
PRESENTATIONS
CITY COUNCIL MINUTES
25 Years of Service
Steven Crawford
Special Inspections Supervisor
Planning & Building Agency
20 Years of Service
Peter Jensen
Captain
Police Department
Gary Adams
Sergeant
Police Department
Stacey Creveston
Loan Specialist
Community Development Agency
Certificates of Recognition for their
contributions to the development of a "Tenant
Awareness Program" which received a National
Association of Housing and Redevelopment
Officials (NAHRO) Merit Award for
Administration Innovation presented by Mayor
YOUNG and Community Development Agency
Executive Director Cindy Nelson to Mark Kiss,
Patricia Moran, George Saadeh, Darl Incledon
and Norm Canchola
Certificates of Recognition for outstanding
contributions to the Anti-Graffiti program
presented by MAYOR YOUNG to Robert
Acosta and Associates and Patrick Media's
Director of Government Relations Edward Dato
Certificates of Recognition for outstanding
contributions to youth safety in Santa Ana
presented by Councilmember RICHARDSON
to Kiwanis Club President Andy Bailard,
Community Services Chair Robert Dodge and
Police Officer Steve Winston
241
SEPTEMBER 19, 1994
Proclamation commemorating the 70th
anniversary of the Young Women's Christian
Association (YWCA) presented by
Councilmember MCGUIGAN to YWCA South
Orange County Executive Director Mary
Douglas, President of the Board of Directors
Dr. Fran Williams, and Event Chair Bonny
Schumacker
CONSENT CALENDAR
The Mayor announced the removal of Item 22.E. for separate action.
Motion: Approve staff recommendations on the following Consent Calendar Items.
MOTION: Lutz
VOTE: AYES:
NOES:
ABSENT: Pulido
SECOND: Moreno
Lutz, Mills, McGuigan, Moreno, Richardson, Young
None
MINUTES
Motion:
10.A.
ADMINISTRATIVE MATTERS
Approve Minutes.
REGULAR MEETING OF SEPTEMBER 6, 1994
(Councilmember Mills abstained.)
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. However, if a
Councilmember was absent from the previous meeting, but is present for this meeting and does
not declare otherwise, his/her vote is recorded as affirmative. Absences from the current
meeting are recorded as such.
(Placed on first reading on September 6, 1994 by a 6/0 vote with Mills absent)
Legal notice published in O.C. Reoorter on September 9, 1994
CITY COUNCIL MlNUTES
242
SEPTEMBER 19, 1994
CONSENT CALENDAR
Motion:
ll.A.
Place ordinances on second reading and adopt.
REVISION OF PROVISIONS REGARDING CITY EMPLOYMENT
ORDINANCE NS-2232 - An ordinance of the City of Santa Ana amending
Chapter 9 of the Santa Ana Municipal Code, to effect a comprehensive revision
of the provisions relating to City employment - Personnel Services
FILE BK
ll.B.
PROHIBITION OF GRAYWATER SYSTEMS
ORDINANCE NS-2233 - An ordinance of the City of Santa Ana adding Section
39-32 to the Santa Ana Municipal Code, to prohibit graywater systems - Public
Works Agency FILE BK
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A. The September 6, 1994 City Council Agenda was posted on the door of the
Council Chambers, 22 Civic Center Plaza, at 3:30 p.m. on August 31, 1994.
MISCELLANEOUS
19.A. UNDERGROUND UTILITY DISTRICTS: FIVE-YEAR PLAN
Motion: 1. Adopt.
Revised 1994-98 Underground Utility Districts Five-Year Plan updating the plan
adopted by City Council on November 15, 1993.
2. Set for public hearing on November 21, 1994.
Adoption of Underground Utility District No. 31
FILE UUD
CITY COUNCIL MINUTES 243 SEPTEMBER 19, 1994
CONSENT CALENDAR
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 95-034 - SUMMER LUNCH PROGRAM
Motion: 1. Approve. (Requires five affirmative votes)
Receipt of United States Department of Agriculture funds in Fund 11
recognizing $37,440.00 and appropriating same to the Free Summer Lunch
Program - Finance and Management Services FILE APAD
2. Authorize the City Attorney to prepare and the Mayor and Clerk of the
Council to execute agreements.
OPERATION OF A FREE SUMMER LUNCH PROGRAM - With the United
States Department of Agriculture - Recreation and Community Services
AGMT 94-121
MEALS FOR FREE SUMMER LUNCH PROGRAM - With the Santa Ana
Unified School District in an amount not to exceed $33,500.00 - Recreation and
Community Services AGMT 94-122
20.B.
Motion:
APPROPRIATION ADJUSTMENT 95-035 - PROJECT PRIDE
1. Adopt resolution.
RESOLUTION 94-059 - A resolution of the City Council of the City of Santa
Ana authorizing the Executive Director of the Recreation and Community
Services Agency to apply to the Office of Criminal Justice Planning for a grant
for the Project Pride Academic and Athletic Achievement Program - Recreation
and Community Services FILE BK
2. Approve. (Requires five affirmative votes)
Receipt of Juvenile Justice and Delinquency Program funds in Fund 155
recognizing $37,440.00 and appropriating same to the Project PRIDE Kayak
Program - Finance and Management Services FILE APAD
CITY COUNCIL MINUTES
244
SEPTEMBER 19, 1994
CONSENT CALENDAR
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award as recommended in Requests for Council Action.
22.A.
TELEPHONE MAINTENANCE SERVICE - To NEC Business
Communications Systems for a one-year contract renewal in the estimated
annual amount of $150,770.00 - Finance and Management Services
SPEC 91-065
22.B.
ANNUAL MAINTENANCE ON KODAK MICROGRAPHICS EQUIPMENT -
POLICE DEPARTMENT - To Eastman Kodak Company for a third year
renewal in the amount of $14,933.00 - Finance and Management Services
SPEC 93-069
22.C.
CATALOGUING AND PURCHASING SERVICES - SANTA ANA LIBRARY
- To Brodart Company for a 24-month period with provision for two one-year
extensions in the estimated additional annual amount of $400,000.00 - Finance
and Management Services SPEC 93-090
22.D.
TREES, SHRUBS AND GROUND COVER - For a 12-month term with
provision for two one-year renewals - Finance and Management Services
SPEC 94-046
To Arbor Nursery, Inc. in the estimated annual amount of $29,500.00
To Green Hill Nurseries, Inc. in the estimated annual amount of $20~128.00
To DLT Growers in the estimated annual amount of $11,500.00
22.E.
LEASE OF SIX SEDANS - FIRE DEPARTMENT - Removed for separate
action. (See Minutes page 248.)
22.F.
PLUMBING SERVICES - To Orange Coast Plumbing for a three-year period
with provision for two one-year renewal periods in the estimated annual amount
of $26,391.00 - Finance and Management Services SPEC 94-048
22.G.
GASOLINE AND DIESEL FUELS - FLEET DIVISION OF FINANCE AND
MANAGEMENT SERVICES AND ALL FIRE STATIONS - Purchase under
cooperative agreements with the County of Orange - Finance and Management
Services SPEC 94-050
To Southern Counties Oil Co. in the estimated annual amount of $255,000.00
To Nickey Petroleum Co. in the estimated annual amount of $70,000.00
To General Petroleum DBA: McMullen Lubricants in the estimated annual
amount of $35,000.00
CITY COUNCIL MINUTES 245 SEPTEMBER 19, 1994
CONSENT CALENDAR
22.H.
22.I.
22.J.
PVC PIPE AND SADDLES - PUBLIC WORKS AGENCY - For a term of one
year - Finance and Management Services SPEC 94-091
To U.S.A. Supply, Inc. in the estimated amount of $85,094.00
To Western Water Works Supply Co. in the estimated amount of $9,546.00
COLOR PLANTS - SPRING AND FALL - RECREATION AND
COMMUNITY SERVICES AGENCY - To YKYS, Inc. DBA Nitao Nursery
for a 12-month period with provision for two 12-month renewal periods in the
estimated annual amount of $11,214.00 - Finance and Management Services
SPEC 94-59510
LANDSCAPE MAINTENANCE - MEDIANS AND VARIOUS PUBLIC
FACILITIES
Motion: 1. Cancel contract.
With Comprehensive Landscape Management Corporation for unsatisfactory
performance of contract specifications
2. Award in accordance with Request for Council Action.
To Midori Gardens for a 12-month period with provision for two 12-month
extensions in the estimated amount of $486,540.00 - Finance and Management
Services SPEC 94-027
PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT,
CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES
Motion: Award as recommended in Request for Council Action.
23.A.
GRAFFITI REMOVAL SERVICE - To Graffiti Control Systems for a one-year
contract extension in an amount not to exceed $250,000.00 - Public Works
Agency PROJ 2168
AGREEMENTS
Motion:
Authorize the City Attorney to prepare and the Mayor and Clerk of the Council
to execute agreements.
25.A.
REGIONAL STRATEGY TO ADDRESS HOMELESSNESS - Amendment to
agreement with the Orange County Homeless Issues Task Force in the amount
of $15,000.00 - Community Development Agency AGMT 94-123
CITY COUNCIL MINUTES 246 SEPTEMBER 19, 1994
CONSENT CALENDAR
25.B.
25.C.
25.D.
25.E.
25.F.
EMPLOYEE LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT
INSURANCE - With Provident Life in the amount of $109,277.00 - Personnel
Services AGMT 94-124
EMPLOYEE LONG TERM DISABILITY INSURANCE - With Standard
Insurance in the amount of $168,213.00 - Personnel Services
AGMT 94-125
LEGAL SERVICES - With Chase, Rotchford, Drukker & Bogust in an
estimated amount of $25,000.00 - City Attorney AGMT 94-126
HOME INVESTMENT PARTNERSHIP PROGRAM - With Darl Incledon in
an amount not to exceed $45,000.00 - Community Development Agency
AGMT 94-127
PLAN CHECK SERVICES - With Donald L. Eide for a one year period in the
amount of $25,000.00 - Planning and Building Agency AGMT 94-128
CABLE TELEVISION CONSULTING SERVICES - With Communications
Support Group for a one-year period in an amount not to exceed $36,800.00 -
Recreation and Community Services AGMT 94-129
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. KELLEY, DAVID A. - 809 N. Garfield - Acquisition of property for the
purpose of reducing density by replacing an 8-unit apartment building with a
single-family home at a land acquisition cost of $240,000.00 - Community
Development Agency DEED 7717
* * * END OF CONSENT CALENDAR * * *
CITY COUNCIL MINUTES 247 SEPTEMBER 19, 1994
BUSINESS CALENDAR
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22.E.
LEASE OF SIX SEDANS - FIRE DEPARTMENT
Councilmember McGuigan expressed reservations about awarding the lease contract for six
Fire Department sedans to an out-of-state firm rather than a local vendor, given the
depressed state of the local economy.
Motion: Reject all bids submitted and authorize readvertisement.
MOTION: Richardson
SECOND: McGuigan
Councilmember Richardson suggested staff consider purchasing instead of leasing the sedans,
requested staff provide the Council with a lease-purchase analysis, and recommended the bid
award be continued until after the analysis is completed.
Substitute
Motion: Continue consideration to October 3, 1994 meeting.
LEASE OF SIX SEDANS - FIRE DEPARTMENT - To Capital Automotive
Resources, Inc. for a 48-month period in the amount of $98,737.44 - Finance
and Management Services SPEC 94-047
MOTION: Richardson
SECOND: McGuigan
VOTE:
AYES: Lutz, Mills, McGuigan, Richardson, Young
NOES: Moreno
ABSENT: Pulido
ORDINANCES/FIRST READING
50.A.
REDEVELOPMENT PLAN FOR THE BRISTOL CORRIDOR
REDEVELOPMENT PROJECT
The Ordinance modifies the previously adopted Bristol Corridor Redevelopment Plan to
comply with a court decision regarding nonblighted properties and replacement housing
availability.
Tina Oda expressed several concerns regarding the Bristol Corridor Redevelopment Project,
particularly the determination of her property as blighted.
CITY COUNCIL MINUTES 248 SEPTEMBER 19, 1994
BUSlNESS CALENDAR
Miles Leach noted discrepancies between a recent Orange County Register article regarding
settlement of the Bristol Corridor lawsuit and the action proposed to be taken by the Council.
The City Attorney indicated he would investigate Oda's concerns and amend the ordinance if
required, and clarified Ordinance NS-2231 was a "clean-up" of the Project Area unrelated to
the lawsuit in the Register article.
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2231 - An ordinance of the City of Santa Ana amending
Ordinance No. NS-2039 which approved and adopted the Redevelopment Plan
for the Bristol Corridor Redevelopment Project - Community Development
Agency
MOTION: Moreno SECOND: Richardson
VOTE:
AYES: Lutz, Mills, McGuigan, Moreno, Richardson, Young
NOES: None
ABSENT: Pulido FILE BK
50.B.
REDEVELOPMENT PROJECT AREA TIME LIMITS
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2234 - An ordinance of the City of Santa Ana amending the
redevelopment plans of the City to include time limits on incurring indebtedness
and the reception of tax increment - Community Development Agency
MOTION: Richardson
SECOND: Mills
VOTE:
AYES: Lutz, Mills, McGuigan, Moreno, Richardson, Young
NOES: None
ABSENT: Pulido
FILE BK
CITY COUNCIL MINUTES 249 SEPTEMBER 19, 1994
PUBLIC HEARINGS
75.A.
APPEAL APPLICATION 94-003 - VA 94-001 - CUP 94-002
APPEAL APPLICATION 94-003 initiated by Greg Bennett on behalf of Grand Avenue Car
Wash to appeal conditions of approval for VA 94-001 and CUP 94-002 for an existing car
wash located at 930 North Grand Avenue
Legal Notice mailed on August 10, 1994
VA 94-001 and CUP 94-002 as conditioned by staff recommended for approval by the
Planning Commission on July 25, 1994 by a 5/0 vote with Doughty and Stiens absent
The Mayor opened the public hearing regarding Appeal Application 94-003 at 7:26 p.m.
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: None
The following persons spoke in favor of Appeal Application 94-003:
Ron Johnson
Reba Johnson
Lola Grimm
Dr. Philip Shaner
Will B. King
Greg Bennett
Joseph Wagstaff
The Mayor closed the public hearing at 8:07 p.m.
Motion:
Direct the City Attorney to prepare a resolution approving VA 94-001 and CUP
94-002 as conditioned by staff with the modifications listed below and adopt the
findings as submitted by staff.
1. Permit the use of high pressure water hose wands in two bays;
2. Ban coin operation of car washing equipment at any time;
Waive fire hydrant condition upon provision of letter by applicant to Fire
Chief requesting a waiver from such condition; and
4. Refer sign conditions to Planning Commission for re-examination.
CITY COUNCIL MINUTES
250
SEPTEMBER 19, 1994
PUBLIC HEARINGS
MOTION: Richardson
VOTE: AYES:
NOES:
ABSENT: Pulido
SECOND: Lutz
Lutz, Mills, McGuigan, Moreno, Richardson, Young
None
FILE APAP
RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 8:29 P.M.
RECONVENED - COUNCIL CHAMBERS - 8:31 P.M. - All Councilmembers present
except Mayor Pro Tem Pulido
COMMENTS
90.A.
PUBLIC COMMENTS
The following persons commended the City on "Operation Round-Up" against Sixth Street
gang members, requested City assistance with rehabilitating the 3rd Street neighborhood
through such improvements as additional street lighting, sidewalk replacement, youth
employment and athletic programs, and indicated Project Sabado would work with the City
to achieve the desired improvements:
Zelenne Cardenas
Erick Aguilar
Radon Lopez
Margaret Sullyton
The Mayor commended the Police Department on its successful Operation Round-Up and
requested the City Manager follow through on the request by meeting with spokesperson
designated by Project Sabado.
90.B. CITY COUNCIL COMMENTS
Councilmember Moreno registered his support of Project Sabado's involvement in
rehabilitating the 3rd Street neighborhood.
Councilmember Richardson:
commended the City Attorney on his recent court victories relating to the
anti-camping ordinance and Mr. J's;
CITY COUNCIL MINUTES 251 SEPTEMBER 19, 1994
noted the flexible work schedule for Code Enforcement staff approved at
the last Council meeting would provide better code enforcement coverage
at lower cost;
encouraged completion of sidewalk construction at 21st Street and Grand
Avenue to increase student safety;
echoed the Mayor's commendation of the Police Department relating to
Operation Round-Up; and
reported the Townsend/Raitt property owners had made significant
progress in rehabilitating their neighborhood.
Councilmember Lutz:
reported on the progress of the Artists' Village project;
announced an Artists' Village promotional reception will be
held on September 25; and
requested Council to excuse Mayor Pro Tem Pulido from the
September 19 Council meeting.
Councilmember McGuigan:
reported she and Councilmember Lutz had participated in a Keep America
Beautiful project last weekend; and
lauded Jerome Park's Toyama youth group who had assisted with the
clean-up of a senior citizen's residence.
CLOSED SESSION - ROOM 147 - 8:49 P.M.
The Brown Act permits the City Council to discuss certain matters without members of the
public present, provided the items to be discussed are posted 72 hours prior to the City
Council meeting. Following are the items posted for the September 19, 1994 Closed
Session.
95.A.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C.
Section 54956.9)
Name of Case: Case v. City of Santa Ana, (Workers' Compensation)
File No. 91140169 & 90140229
Name of Case: Salinas v. City of Santa Ana
Orange County Superior Court Case No. 70-77-80
CITY COUNCIL MINUTES 252 SEPTEMBER 19, 1994
Name of Case: De La Cruz v. City of Santa Ana
Orange County Superior Court Case No. 72-05-63
Gonzalez v. All Persons etc.
Orange County Superior Court Case No. 614918
RECONVENED -COUNCIL CHAMBERS - 9:11 P.M. - All Councilmembers present
except Mayor Pro Tem Pulido
95.
Motion:
CLOSED SESSION REPORT
Authorize settlements or action as indicated:
Case v. City of Santa Ana, (Workers' Compensation), in the amount of
$60,000.00.
Salinas v. City of Santa Ana, in the amount of $200,000.00.
De La Cruz v. City of Santa Ana (No action taken)
Gonzalez v. All Persons etc., as discussed in Closed Session.
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: Pulido
SECOND: Mills
Lutz, Mills, McGuigan, Moreno, Richardson, Young
None
ADJOURNMENT - 9:12 P.M.
j~ice i;GUy ' ~' ~
Clerk of the Council
CITY COUNCIL MINUTES 253 SEPTEMBER 19, 1994