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HomeMy WebLinkAbout12-05-1994MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 5, 1994 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:03 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern TONY ESPINOZA TOM LUTZ LISA MILLS TED R MORENO PATRICIA A. McGUIGAN Absent: NONE STAFF: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO EMPLOYEE AWARDS MAYOR PULIDO 30 Years of Service Herbert Mahaffey Firefighter Fire Department 20 Years of Service Dennis Robinson Fleet Equipment Technician II Finance and Management Services CITY COUNCIL MINUTES 303 DECEMBER 5, 1994 PRESENTATIONS Certificate of Appreciation presented by COUNCILMEMBER MILLS and Earth Share of California Regional Campaign Director Belinda Teitle to Recreation and Community Services Operation Manager Rip Ribble recognizing his outstanding contributions to Earth Share of California fund raising campaigns and the environment. A grove of 5 trees will be planted by "Tree People" in his honor. CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Removal of Items 13.A. and 31.B. for separate action. 2. Abstention by Councilmembers Espinoza and Moreno on Item 22.B. 3. Abstention by Mayor Pulido on Item 22.C. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Lutz VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ADMINISTRATIVE MATTERS MINUTES Motion: Approve Minutes. 10.A. REGULAR MEETING OF NOVEMBER 21, 1994 (Mayor Pulido and 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. CITY COUNCIL MINUTES 304 DECEMBER 5, 1994 CONSENT CALENDAR (All ordinances placed on first reading on November 21, 1994 by a 5/0 vote with Mills and Pulido absent. Legal notices published in the O.C. Reporter on November 25, 1994 ll.A. Motion: PERS CONTRACT AMENDMENT - THIRD LEVEL 1959 SURVIVOR BENEFITS FOR LOCAL FIRE MEMBERS Continue to December 19, 1994. ORDINANCE NS-2235 - 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 - Personnel Services FILE BK ll.B. Motion: ZOA 94-005 - SANTA ANA MUNICIPAL CODE REVISIONS TO ALLOW TIME EXTENSIONS FOR CUP'S, VA'S AND ME'S Place ordinance on second reading and adopt. ORDINANCE NS-2236 - An ordinance of the City of Santa Ana amending Section 41-647 of the Santa Aha Municipal Code to allow a three-year extension of time to commence utilization of a conditional use permit, variance or minor exception - Planning and Building Agency FILE BK ll.C. Motion: FOOD VENDING VEHICLES REGULATION Place ordinance on second reading and adopt. ORDINANCE NS-2241 - An ordinance of the City of Santa Ana amending the Santa Ana Municipal Code by adding an article entitled Food Vending Vehicles to Chapter 36 of the Santa Ana Municipal Code and amending Section 1-18.1 relating to enforcement authority - Police Department FILE BK NOTICES OF PUBLIC HEARING 12.A. AMENDMENT - SOUTH MAIN REDEVELOPMENT PLAN Motion: Adopt resolution setting for public hearing on January 17, 1995. CITY COUNCIL MINUTES 305 DECEMBER 5, 1994 CONSENT CALENDAR RESOLUTION 94-076 - A resolution of the City Council of the City of Santa Ana setting the date and time of a Joint Public Heating with respect to the amendment to the Redevelopment Plan for the South Main Street Redevelopment Project area and the environmental impact report prepared in connection therewith - Community Development Agency FILE REDEV BOARDS/COMMISSIONS/COMMITTEES 13. A. NOMINATION Removed for separate action (See Minutes page 311.) CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The November 21, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on November 16, 1994. 15.B. The November 29, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at i:00 p.m. on November 23, 1994. 15.C. Richard Fennell's resignation from the Board of Recreation and Parks effective November 15, 1994 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on November 28, 1994. 15.D. Rudy Rio's resignation from the Board of Recreation and Parks effective immediately was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:15 a.m. on November 29, 1994. MISCELLANEOUS - ADMINISTRATION 19.A. MOBILE HOME REHABILITATION GRANT PROGRAM Motion: Continue consideration of the Mobile Home Rehabilitation Grant Program to December 19, 1994. Implementation of the Mobile Home Rehabilitation Grant Program and execution of the Program Grant Agreement by the Executive Director of the Community Development Agency - Community Development Agency FILE BK CITY COUNCIL MINUTES 306 DECEMBER 5, 1994 CONSENT CALENDAR BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award as recommended in Requests for Council Action. 22.A. LAUNDRY SERVICE - DETENTION CENTER - To Goodwill Industries of Orange County for the first one-year renewal period in the estimated amount of $14,000.00 - Finance and Management Services SPEC 93-054 22.B. FOOD SERVICE - DETENTION CENTER - To Boardwalk Cafe & Catering Company for the first one-year renewal period in the estimated annual amount of $160,000.00 - Finance and Management Services (Councilmembers Espinoza and Moreno abstained.) SPEC 93-055 22.C. VEHICLE BODY REPAIR - For a 12-month period with provision for two 12- month renewals to the following - Finance and Management Services (Mayor Pulido abstained.) SPEC 94-056 M & J Body Shop in the estimated amount of $16,000.00 K. C. Auto Collision & Paint in the estimated amount of $14,300.00 Doffo Automotive Body & Paint in the estimated amount of $14,000.00 Hi-Tech Auto Collision & Painting in the estimated amount of $13,400.00 The Fender Benders in the estimated amount of $12,300.00 22.D. FIRE HYDRANT AND EXTENSIONS - To the following for a two-year term with provision for two one-year extensions - Finance and Management Services SPEC 94-085 Marden Susco, Inc. in the estimated amount of $36,781.00 Davis Taylor-Jett, Inc. in the estimated amount of $4,771.00 22.E. BODY ARMOR - POLICE DEPARTMENT - To Topline USA Incorporated, under the County of Orange contract//PA D33, in the estimated annual amount of $38,000.00 - Finance and Management Services SPEC 94-089 22.F. PORTLAND CEMENT CONCRETE - To Fountain Valley Transit Mix, Inc. for a 12-month period with provision for two 12-month renewals in the estimated annual amount of $63,570.00 - Finance and Management Services SPEC 94-134 22.G. REPAVING PARKING LOT - CABRILLO TENNIS CENTER - To Hardy and Harper, Inc. in the amount of $8,460.00 - Finance and Management Services SPEC 94-117302 CITY COUNCIL MINUTES 307 DECEMBER 5, 1994 CONSENT CALENDAR 22.H. 22.I. WATER WORKS FITTINGS, SADDLES, CLAMPS AND VALVES - PUBLIC WORKS AGENCY - For a two-year term with provision for two one- year extensions - Finance and Management Services SPEC 94-180 TAPPING SLEEVES, DETECTOR CHECKS - To Wells Supply Co. in the estimated amount of $31,805.00 CONCRETE PIPE SADDLES - To Parkson Pipeline Materials in the estimated amount of $4,520.00 CLAMPS AND SADDLES - To Marden Susco, Inc. in the estimated amount of $29,897.00 BRASS WATER SERVICE FITTINGS AND FITTINGS AND VALVES FOR PVC AND DUCTILE IRON PIPE - For one-year term with provision for two one-year extensions - Finance and Management Services METER, CORP. & CURB STOPS, BUSHINGS - To Western Water Works Supply Co. in the estimated amount of $33,985.00 SPEC 94-172 FLANGES, VALVES, GASKETS - To Wells Supply Co. in the estimated amount of $3,106.00 SPEC 94-172 BENDS, CAPS, ADAPTORS, TEES - To Familian Pipe & Supply in the estimated amount of $22,957.00 SPEC 94-182 VALVES, RESTRAINT JOINTS - To Western Water Works Supply Co. in the estimated amount of $48,809.00 SPEC 94-182 SLEEVES - To Davis Taylor-Jett in the estimated amount of $12,145.00 SPEC 94-182 FLANGES, GASKETS, SPOOLS - To J. W. D'Angelo Co. in the estimated amount of $3,289.00 SPEC 94-182 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award as recommended in Requests for Council Action. 23.A. BRISTOL STREET REHABILITATION - SUNFLOWER TO ST. ANDREW PLACE - To All American Asphalt in the estimated amount of $1,553,431.80 with total estimated construction cost of $1,762,930.00 - Public Works Agency PROJ 1554/1558/ 1557 CITY COUNCIL MINUTES 308 DECEMBER 5, 1994 CONSENT CALENDAR 23.B. 23.C. MEMORIAL PARK POOL RENOVATION - To California Commercial Pools, Inc. in the estimated amount of $145,950.00 with total estimated construction cost of $176,000.00 - Public Works Agency PROJ 6281B THORNTON "BARRIER FREE" PARK (PHASE I) - To Goodman and Peloquin, Inc. in the estimated amount of $480,789.00 with a total estimated construction cost of $577,690.00 - Public Works Agency PROJ 6296/7767 Motion: 23.D. Motion: 23.E. 23.F. Reject all bids. ROSITA PARK RENOVATION (PHASE II-B) - Public Works Agency PROJ 6240/6301 7569/9158 Award as recommended in Requests for Council Action. STREET REHABILITATION - AREA BOUNDED BY SANTA ANA, CHESTNUT, FRENCH AND STANDARD - To Ace Fence company in the estimated amount of $583,472.88 with total estimated construction cost of $703,700.00 - Public Works Agency PROJ 7311/7328 TREE REMOVAL - VARIOUS STREETS - To Landscape West, Inc. in the amount of $17,760.00 - Public Works Agency PROJ 7322-3 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. PAVEMENT MANAGEMENT SYSTEM - With Dwight French and Associates in the amount of $113,000.00 with 10% contingency for a maximum of $124,300.00 - Public Works Agency AGMT 94-160 25.B. DESIGN ENGINEERING AND SOFTWARE DEVELOPMENT SERVICES (PROJS 1526, 1536, AND 1537) - Amendment with JHK & Associates in an amount not to exceed $50,000 for a total agreement cost of $444,209.00 - Public Works Agency AGMT 94-161 CITY COUNCIL MINUTES 309 DECEMBER 5, 1994 CONSENT CALENDAR 25.C. 25.D. 25.E. DEMOLITION OF STRUCTURES AND ASBESTOS REMOVAL - 412 VANCE AND 809 GARFIELD - COMMUNITY DEVELOPMENT AGENCY DEMOLITION - With Environmental Control Systems Inc. in the amount of $16,100.00 AGMT 94-162 ASBESTOS REMOVAL - With Diversified Asbestos Technology Company in the amount of $33,418.04 AGMT 94-163 DEMOLITION OF STRUCTURES AND ASBESTOS REMOVAL - BRISTOL STREET WIDENING - With Environmental Control Systems, Inc. in the amount of $31,000.00 - Community Development Agency AGMT 94-164 PROJECT MANAGEMENT SERVICES - VARIOUS PARK DEVELOPMENT PROJECTS - Amendment to agreement with Alec Osachoff to provide liability protection - Recreation and Community Services AGMT 94-165 Motion: 25.F. Authorize the City Attorney to prepare and the City Manager and Chief of Police to execute agreement. DETENTION FACILITY COMPUTER SERVICES - With the County of Orange for use of County Computer for operation of the Santa Ana Detention Facility Jail Management System - Police Department AGMT 94-166 CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Receive and file the staff report approving variances as appropriate. 31.A. VA-013 - 2800 N. Main Street - Filed by MainPlace Santa Ana to construct a channel letter mall identification sign on a parking structure - Planning and Building Agency Planning Commission Action: Approval FILE VA 31.B. VA-012 - 1200 W. 17th - Removed for separate action. (See Minutes page 311.) * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 310 DECEMBER 5, 1994 BUSINESS CALENDAR BOARDS/COMMISSIONS/COMMITTEES 13.A. NOMINATION Motion: Set for consideration at next regular meeting. Aha V. Vasquez, 1221 S. Main St., recommended by Councilmember MORENO as the Ward 1 representative to the Community Redevelopment Commission for a partial term expiring November 30, 1996 (Replacing Guerra) ABSENT: MOTION FAILED. MOTION: Moreno VOTE: AYES: NOES: None SECOND: Mills Espinoza, Mills, Moreno Lutz, McGuigan, Pulido, Richardson FILE BC CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Continue consideration of VA-O12 to January 3, 1995 meeting. 31.B. VA-012 - 1200 W. 17th - Filed by Albert Lissoy and Jill Lissoy to obtain relief from minimum landscaping setback requirements, parking requirements and loading zone size for an existing building - Planning and Building Agency Planning Commission Action: Approval MOTION: Lutz SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE VA CITY COUNCIL MINUTES 311 DECEMBER 5, 1994 BUSINESS CALENDAR ORDINANCES/FIRST READING 50.A. CONSOLIDATION OF VARIOUS CITY BOARDS AND COMMISSIONS The following persons spoke in opposition to the proposed consolidation of the various City Boards and Commissions: Kathi Jo Brunning Mark Perew James Kendrick Nydia Hernandez Lisa Bist Ruben Alvarez Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2237 - An ordinance of the City of Santa Ana amending Sections 2-621 through 2-625 of the Santa Ana Municipal Code, adding Sections 2-626 and 2-627, and adding Division 10, including Section 2-641 to Article IV of Chapter 2, to give the Redevelopment Commission the duties of the Housing Commission, rename it the Community Redevelopment and Housing Commission, and abolish the Housing Commission - City Manager MOTION: Mills SECOND: Espinoza VOTE: A YES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2238 - An ordinance of the City of Santa Ana adding Section 2-359 to the Santa Ana Municipal Code, repealing Sections 2-450, and amending Section 8-4, to authorize the Planning Commission to hear appeals from Building Official decisions and to abolish the Uniform Code Appeals Board - City Manager MOTION: Mills SECOND: Moreno VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MINUTES 312 DECEMBER 5, 1994 BUSINESS CALENDAR Motion: Approve. Retention of Board of Recreation and Parks, Library Board, and Cable Television Advisory Board as three separate entities (ORDINANCE NS- 2239 not adopted) Increased participation by Santa Ana and Garden Grove School District youth on the Library Board MOTION: Mills SECOND: Moreno VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE BC Motion: Approve. Retention of the current compensation schedule for the various Boards and Commissions (ORDINANCE NS-2240 not adopted) MOTION: Mills SECOND: Richardson VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE BC Motion: Amend resolution to delete compensation for student representatives and adopt. RESOLUTION 94-069 - A resolution of the City Council of the City of Santa Ana directing the participation of non-voting student representatives on City commissions - City Manager MOTION: Mills SECOND: Richardson Discussion by Councilmembers on the motion included: offering the positions first to the student body president, requiring the representatives to remain in good academic standing, allocating and rotating board memberships among the various City high schools. CITY COUNCIL MINUTES 313 DECEMBER 5, 1994 BUSINESS CALENDAR Councilmembers also discussed limiting an individual's membership to one board or commission and Board and Commission term limits. The Mayor requested staff to prepare a revised recommendation based on Council's discussion of the selection procedures. No vote was ~:aken on ~:he MOTION. Councilmember Richardson requested the Clerk of the Council provide Councilmembers with a report of current Board and Commission members' longevity on the various boards. PUBLIC HEARINGS 75.A. NON-DISPOSAL FACILITY ELEMENT FOR WASTE MANAGEMENT Proposal to adopt a "Non-Disposal Facility Element" as part of the City's Waste Management Program Legal Notice published in the Register on November 25, 1994 The Mayor opened the public hearing regarding the Non-Disposal Facility Element at 6:53 p.m. Presentation of staff report and staff comments by Public Works Agency Administrative Services Manager Teri Cable Presentation of written communications by Clerk of the Council Janice C. Guy: None There were no speakers on the matter. The Mayor closed the public hearing at 6:55 p.m. Motion: Adopt resolution. RESOLUTION 94-077 - A resolution of the City of Santa Ana adopting a Non- Disposal Facility Element pursuant to the requirements of the Public Resources Code - Public Works Agency MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None: ABSTAINED: Mills, Moreno SECOND: Lutz Espinoza, Lutz, McGuigan, Pulido, Richardson None FILE BK CITY COUNCIL MINUTES 314 DECEMBER 5, 1994 PUBLIC HEARINGS 75.B. FOOD VENDING VEHICLE PERMIT FEES Proposal to establish food vending vehicle permit fees Legal Notice published in the Register on November 25, and December 2, 1994 The Mayor opened the public hearing regarding the food vending vehicle permit fees at 6:59 p.m. Presentation of staff report and staff comments by Police Chief Paul Walters Presentation of written communications by Clerk of the Council Janice C. Guy: None Margaret Farris spoke in favor of the proposed food vending vehicle permit fees. There were no other speakers on the matter. The Mayor closed the public hearing at 7:01 p.m. Motion: Adopt resolution. RESOLUTION 94-078 - A resolution of the City of Santa Ana to amend Resolution No. 94-036 to establish food vending vehicle permit fees - Police Department MOTION: Lutz VOTE: AYES: NOES: ABSENT: None SECOND: Mills Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE BK RECESSED TO THE HOUSING AUTHORITY - 7:03 P.M. RECONVENED - COUNCIL CHAMBERS - 7:05 P.M. - All Councilmembers present CITY COUNCIL MINUTES 315 DECEMBER 5, 1994 COMMENTS 90.A. PUBLIC COMMENTS Sal Juarez opined that Santa Ana's recent election had been tainted by election fraud as a result of illegal residents registering to vote. Margaret Farris expressed her desire to serve on the City Council or one of the City's Boards and Commissions. Dr. Dorothy Davis reported her day care center on S. Sullivan Street was in immediate need of Community Development Block Grant funds and requested the Council's assistance in securing additional monies. Mayor Pulido requested staff investigate her request and report to Council. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno expressed disappointment that Ana Vasquez' nomination had not been approved and requested the Council consider reinstituting invocations at Council meetings. Mayor Pulido suggested Councilmembers forward their opinions on reinstituting invocations to the Clerk of the Council. Councilmember McGuigan reported she had attended some excellent workshops at the recent National League of Cities Conference in Minneapolis, and requested staff schedule a strategic planning session for the Council after the Holidays. Councilmember Richardson explained for the listening public's benefit that the "pillow case" rapist had not successfully passed a psychiatric evaluation and would not be released from prison. In response to Richardson's request that the City review Indianapolis' and Kansas City's programs regarding gun control, the Police Chief reported the City already had in place a "Drug Fire" Program which traced weapons to their place of origin. Councilmember Espinoza indicated he was looking forward to serving with his fellow Councilmembers and thanked his wife, friends, family, and neighbors for their support in his recent election campaign. Councilmember Lutz welcomed Espinoza aboard, and also encouraged the listening audience to attend an upcoming tree lighting ceremony coordinated by Judy Buffin-Edge at 10:00 a.m. on December 10 at Flower Street Park. Councilmember Mills noted she had communicated her intent to put the "space saver" school issue behind her to the Santa Ana Unified School District Board of Trustees and had also requested the Board not authorize the demolition of any existing buildings until construction funding had been secured. She also thanked the Fire Department for rescuing a cat in a tree in the West Floral Park Neighborhood. CITY COUNCIL MINUTES 316 DECEMBER 5, 1994 Mayor Pulido reported the Bolsa Little League was encountering difficulty with soccer players at Rosita Park due to a conflicting alignments between the baseball and soccer fields. He asked the City Manager to contact Nate Romick of the Bolsa Little League to work out the problem. RECESSED TO CLOSED SESSION - 7:32 P.M. - ROOM 147 CLOSED SESSION ITEMS 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. The following items were received for the November 21, 1994 Closed Session 95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (G.C. Section 34956.9) Name of Case: Sorenson v. City of Santa Ana, Orange County Superior Court Case No. 604014 95.B. 95.B. 1. 95.B.2. LIABILITY CLAIMS (G.C. Section 54956.95) Claimant: Jose Vasquez, Claim No. 94-174 Agency Claimed Against: City of Santa Ana Claimant: Jose Gonzales, Claim No. 94-175 Agency Claimed Against: City of Santa Ana RECONVENED - 7:43 P.M. - COUNCIL CHAMBERS - All Councilmembers present except Councilmembers Espinoza and Moreno CLOSED SESSION REPORT Motion: Authorize the following settlements. 95.B.1. Claimant: Jose Vasquez, Claim No. 94-174 Agency Claimed Against: City of Santa Ana, in the amount of $8,000.00. CITY COUNCIL MINUTES 317 DECEMBER 5, 1994 95.B.2. Claimant: Jose Gonzales, Claim No. 94-175 Agency Claimed Against: City of Santa Ana, in the amount of $7,000.00. MOTION: McGuigan VOTE: AYES: NOES: ABSENT: SECOND: Lutz Lutz, McGuigan, Mills, Pulido, Richardson None Espinoza, Moreno ADJOURNMENT - 7:44 P.M. Clerk of the Council CITY COUNCIL MINUTES 318 DECEMBER 5, 1994