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HomeMy WebLinkAbout03-04-1996MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 4, 1996 CALLED TO ORDER 6:10 P.M. CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA ATTENDANCE: COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor ROBERT L. RICHARDSON, Mayor Pro Tern (6:16 p.m.) TONY ESPINOZA TOM LUTZ PATRICIA A. McGUIGAN (6:17 p.m.) LISA MILLS TED R MORENO Absent: NONE STAFF Present: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JAN]CE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE Led by MAYOR PULIDO INVOCATION Chaplin Robert Barnett Police Department EMPLOYEE AWARDS MAYOR PULIDO 20 Years of Service Michael S. Ernandes Personnel Operations Manager Personnel Services CITY COUNCIL MINUTES 58 MARCH 4, 1996 Anton J. Ruppaner Water Systems Supervisor Public Works Agency Ignacio "Nash" Orozco Fleet Equipment Technician II Finance and Management Services 25 Years of Service Paul M. Walters Police Chief Police Department PRESENTATIONS Mayor's Exceptional Citizen Award presented by MAYOR PULIDO to Evangeline Gawronski Proclamation recognizing his winning of a 1996 TIME Magazine Quality Dealer Award presented by MAYOR PULIDO to Santa Ana Chrysler-Jeep President Mike Shepard California Assembly Resolution recognizing his winning the 1996 TIME Magazine Award presented by Brenda Quintana, on behalf of both Assemblymember Jim Morrissey and Senator Rob Hurtt, to Mike Shepard Presentation of U.S. Savings Bonds by MAYOR PULIDO, Southwest Minority Economic Development Agency (SMEDA) Executive Director Connie Jones, and SMEDA Board Member and Contest Co-Chair Mark Keough to "Why People Smoke and Why They Shouldn't" 5th grade essay contest winners of a competition sponsored by SMEDA: Alex Alvarado, 1st Place Tiffany Dersam, 2nd Place Peter Nguyen, 3rd Place Briefing about "Operation Clean Slate" activities by Santa Ana School District Program representatives Mike Howard, Sue South, and Annette Jackson; and presentation of certificates recognizing participation in the "Operation Clean Slate" graffiti prevention program by MAYOR PULIDO to: Danny Hernandez, Willard Intermediate School Daniel Ballesteros, Willard Intermediate School CITY COUNCIL MINUTES 59 MARCH 4, 1996 Zoe Pruong, Century High School Maria Mendoza, Century High School Jheovany Navarette, Santa Ana High School Certificates of Appreciation recognizing participation in the annual Black History Parade presented to MAYOR PULIDO and COUNCILMEMBERS McGUIGAN and MILLS by Mission With Benevolence Foundation Executive Board Members Wayne Snyder and Chuck Moseley RECOGNITION OF SERVICE Presentation of City Seal Plaque by MAYOR PRO TEM RICHARDSON to Andrew Mars in recognition of 6 years of service on the Private Industry Council SPECIAL PRESENTATION Proposition 203 - State Bond for School Construction Briefing by Santa Ana Unified School District Facilities Planning Department Senior Director Mike Vail Motion: CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Removal of Items 20.B., 22.G., 23.A., 25.D. and 25.F for separate consideration. 2. An abstention by Mayor Pulido on Item 30.B. Approve staff recommendations on the following Consent Calendar Items. MOTION: Espinoza VOTE: AYES: NOES: ABSENT: None SECOND: McGuigan Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF FEBRUARY 20, 1996 CITY COUNCIL MINUTES 60 MARCH 4, 1996 CONSENT CALENDAR 10.B. ADJOURNED REGULAR MEETING OF FEBRUARY 26, 1996 ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS 11.A. CONDITIONAL USE PERMIT (CUP) 95-030 - AFTER-HOUR OPERATIONS 202 S. BRISTOL - TAQUERIA TAPATIA Motion: Adopt resolution. RESOLUTION 96-016 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 95-30 to allow a restaurant located at 202 South Bristol Street to remain open after 12:00 a.m. - Planning and Building Agency FILE CA BOARDS/COMMISSIONS/COMMITTEES Motion: Instruct Clerk to enter report into the Minutes. 13.A. VACANCY REPORT AS OF FEBRUARY 28, 1996 Community Redevelopment/Housing Commission Environmental/Transportation Advisory Committee Human Relations Commission Library Board Personnel Board Private Industry Council Recreation and Parks Board TOTAL 2 1 3 2 1 4 1 14 FILE BC 13.B. APPOINTMENTS Motion: Appoint. Felicia G. Bernardoni, 2329 N. Lyon Street, recommended by COUNCIL- MEMBER MORENO to the Human Relations Commission for a partial term expiring November 30, 1996 (Replacing Espinoza) Mark S. Bernardoni, 2329 N. Lyon Street, recommended by COUNCILMEMBER MORENO to the Library Board for a partial term expiring November 30, 1996 (Replacing Heike) CITY COUNCIL MlNUTES 61 MARCH 4, 1996 CONSENT CALENDAR Sean Paul Orton, 2117 N. Forest Avenue, recommended by COUNCILMEMBER ESPINOZA to the Personnel Board for a partial term expiring November 30, 1998 (Replacing Means) FILE BC 13.C. Motion: NOMINATIONS Set for consideration at next regular meeting. Jaime B. Vega, 1145 S. Birch Street, recommended by MAYOR PULIDO as the Mayoral representative to the Human Relations Commission for a partial term expiring November 30, 1996 (Replacing Cong) FILE BC CLERK OF THE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The February 20, 1996 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 8:00 a.m. on February 15, 1996. 15.B. The Notice of Adjournment of the February 20, 1996 City Council meeting was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:00 a.m. on February 21, 1996. 15.C. The February 26, 1996 City Council Agenda was posted on the door of the Council Chambers, 22 Civic center Plaza, at 2:00 p.m. on February 22, 1996. 15.D. David J. Edenhofer's resignation from the Santa Ana Private Industry Council was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:30 p.m. on February 22, 1996. 15.E. Bob Fisher's resignation from the Santa Ana Private Industry Council was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 11:30 a.m. on February 27, 1996. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 96-113 - JOB TRAINING & PARTNERSHIP ACT (JTPA) PROGRAMS FOR DISLOCATED WORKERS AND ADULTS Approve. (Requires five affirmative votes) Motion: CITY COUNCIL MINUTES 62 MARCH 4, 1996 CONSENT CALENDAR 20.B. Receipt of funding in Fund 132 recognizing $154, 845.00 in unanticipated JTPA funds and appropriating $150,000.00 to Fund 132-804 JTPA Title III 40% Dislocated Worker Account and $4,845.00 to Fund 132-792 JTPA Title IIA Adult Participants Account - Finance and Management Services FILE APAD APPROPRIATION ADJUSTMENT 96-114 - NIKE DONATION TO LIBRARY HOMEWORK CENTER - Removed for separate action. (See Minutes page 68.) SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A. COPIER MAINTENANCE - First of two 12-month extensions to the following in the estimated amounts indicated - Finance and Management Services SPEC 94-067 Image IV Systems, Inc. (Konica brand) Micro Tech Services (Mita brand) $20,616.00 24,210.00 22.B. GEOGRAPHIC INFORMATION SYSTEM - PUBLIC WORKS AGENCY - To Intergraph Corporation in an amount not to exceed $365,147.27 - Finance and Management Services SPEC 95-064 22.C. LEAD DETECTOR (TO TEST PAINT FOR LEAD CONTENT) - HOUSING DIVISION - To Niton Corporation in the amount of $13,959.23 - Finance and Management Services SPEC 95-070 22.D. PORTABLE TOILET RENTAL - RECREATION AND COMMUNITY SERVICES - To Action Mobile Office Rentals. Inc., for a 2-year period with two 1-year optional renewal periods in the estimated annual amount of $13,320.00 - Finance and Management Services SPEC 95-077 22.E. Mo~on: SELF-PROPELLED ASPHALT PAVER 1. Reject bid as non-responsive. From Nixon-Egli Equipment of Southern California for a self-propelled asphalt paver 2. Award contract in accordance with Request for Council Action. SELF-PROPELLED ASPHALT PAVER - To Great West Equipment, Inc. in the amount of $64,453.90 - Finance and Management Services SPEC 95-080 CITY COUNCIL MINUTES 63 MARCH 4, 1996 CONSENT CALENDAR 22.F. Motion: 22.G. 22.H. Motion: VIBRATORY ASPHALT ROLLERS 1. Reject bid as non-responsive. From Nixon-Egli Equipment of Southern California for two dual-drum vibratory asphalt rollers 2. Award contract in accordance with Request for Council Action. DUAL-DRUM VIBRATORY ASPHALT ROLLERS (2) - To TLR Equipment Company, Inc. in the amount of $54,448.23 - Finance and Management Services SPEC 95-081 FURNITURE - VARIOUS DEPARTMENTS - Removed for separate action. (See Minutes page 69.) UNISYS MAINFRAME SOFTWARE LICENSES AND HARDWARE MAINTENANCE 1. Renew. SOFTWARE LICENSES with Unisys Corporation for the CP2000 processor, V380 mainframe and DP500 remittance processor for one year total amount of $98,983.45 2. Amend. HARDWARE MAINTENANCE CONTRACT with Unisys Corporation to include maintenance of the V380 mainframe hardware in the annual amount of $56,675.28 - Finance and Management Services SPEC 96-011 Motion: 22.1. Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. TELEPHONE MAINTENANCE SERVICE - To NEC Business Communications West Inc. for a two-year period with provision from three one-year extensions in an amount not to exceed $164,220.00 for the first year - Finance and Management Services SPEC 96-013 CITY COUNCIL MINUTES 64 MARCH 4, 1996 CONSENT CALENDAR Mogon: 22.J. Reject all bids. PENT1UM COMPUTERS - HOUSING DIVISION - COMMUNITY DEVELOPMENT AGENCY SPEC 95-062 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. WESTMINSTER AVENUE WIDENING AND REHABILITATION - WEST STREET TO FAIRVIEW STREET - Removed for separate action. (See Minutes page 68.) Motion: 23.B. 23.C. Award in accordance with Request for Council Action. TREE PLANTING - RIVERVIEW WEST NEIGHBORHOOD - To Rey Art Landscaping in the amount of $111,265.00 - Public Works Agency PROJ 7490-3 TREE REMOVAL - MORNING SUNWOOD NEIGHBORHOOD - To Landscape West in the amount of $17,331.00 - Public Works Agency PROJ 7490-4 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.A. SANTA ANA WORK CENTER STAFF DEVELOPMENT - With Craig Palmquist of KOG Associates at a rate of $175.00 per hour for a total cost not to exceed $5,000.00 - Community Development Agency AGMT 96-021 25.B. RENTAL OF OFFICE SPACE FOR RECREATION & COMMUNITY SERVICES AGENCY - With Parkgate Center LLC at 888 West Santa Ana Boulevard for a ten-year period beginning June 1, 1996 with a base monthly rental rate of $13,365.36 for the period December 1, 1996 through May 31, 1999; increasing to $14,484.00 on June 1, 1999; and to $16,553.00 on December 1, 2002 - Recreation and Community Services AGMT 96-022 25.C. OUTSIDE LEGAL SERVICES FOR TORT CLAIMS DEFENSE - With Worthe, Shaver & Hanson in the estimated amount of $25,000.00 - City Attorney AGMT 96-023 CITY COUNCIL MINUTES 65 MARCH 4, 1996 CONSENT CALENDAR 25.D. RENOVATION OF SARAH MAY DOWNIE PARK SITE - FLOWER ST. AND N. PARK BOULEVARD - Removed for separate action. (See Minutes page 69.) 25.E. Motion: POLICE ADMINISTRATION AND HOLDING FACILITY (PROJ 6210) Direct the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. AMENDMENT - CONSTRUCTION MANAGEMENT SERVICES AND WRAP- UP INSURANCE - With CRSS Constructors, Inc. in an amount not to exceed $951,200.00 for a total contract amount of $6,383,500.00 - Public Works Agency and Personnel Services AGMT 96-025 AMENDMENT - ARCHITECTURAL/ENGINEERING SERVICES - With Hellmuth, Obata and Kassabaum in an amount not to exceed $290,000.00 for a total contract amount of $5,002,625.00 - Public Works Agency AGMT 96-026 AMENDMENT - TESTING AND INSPECTION SERVICES - With Professional Service Industries, Inc. in an amount not to exceed $100,000 for a total contract amount of $974,000.00 - Public Works Agency AGMT 96-027 AMENDMENT - PROPERTY INSURANCE - With CRSS Constructors, Inc. in an amount not to exceed $260,335.00 for the period of March 31, 1996 through September 30, 1996 - Personnel Services AGMT 96-029 25.F. SUBLEASE - FRENCH STREET WATER TOWER SITE - Removed for separate action. (See Minutes page 70.) MISCELLANEOUS - BUDGET Motion: Accept donation and request Mayor to express Council's appreciation to donor. 29.A. Donation of lobby furniture from Coastal Communities Hospital to the City's recreation centers - Recreation and Community Services FILE CA CITY COUNCIL MINUTES 66 MARCH 4, 1996 CONSENT CALENDAR LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY Motion: Direct the City Attorney to prepare and authorize and Clerk of the Council to execute purchase agreement and any necessary documents. 30.A. JOSE M. LAVENANT and SILVIA J. LAVENANT - 1314 S. Bristol - For Bristol Street widening between Santiago Creek and Warner in the amount of $274,000.00 - Community Development Agency DEED 7759 30.B. CHONG UNG KIM and JUNG SOOK KlM - 1180 and 1204 S. Bristol - For Bristol Street widening between Santiago Creek and Warner in the amount of $150,000.00 - Community Development Agency (Mayor Pulido abstained.) DEED 7760 CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: Receive and file staff reports and adopt findings as submitted by staff 31.A. CLIP 96-003 - 1601 S. Main - Filed by Donald Krotee Partnership to allow after- hour operations at an existing donut shop (Donut Star) in the General Commercial (C2) zoning district - Planning and Building Agency Planning Commission Action: Approval FILE CA FINAL PARCEL / TRACT MAPS Motion: Approve Final Parcel Map and accept dedication shown thereon. 33.A. Parcel Map 91-297 - 111 N. Euclid - Consolidates two existing parcels consisting of 0.35 acre of land into one parcel - Planning and Building Agency Zoning Administrator Action: Approval FILE CA * * * END OF CONSENT CALENDAR CITY COUNCIL MINUTES 67 MARCII 4, 1996 BUSINESS CALENDAR APPROPRIATION ADJUSTMENTS 20.B. APPROPRIATION ADJUSTMENT 96-114 - NIKE DONATION TO LIBRARY HOMEWORK CENTER Councilmember McGuigan noted the $500.00 donation from Nike's "Do Something, Inc." Foundation would allow the purchase of additional computer software for the McFadden Branch Library Homework Center and expressed the City's appreciation to the firm. Motion: Approve. (Requires five affirmative votes) Receipt of donation in Fund 11-5798-1 recognizing $500.00 and appropriating same to Fund 11-213-6661 to increase materials for the McFadden Branch Homework Center - Finance and Management Services MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE APAD PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Councilmember McGuigan commented that the Westminster widening project had been a 1 O-year effort and thanked staff for its hard work on the project. Motion: Award in accordance with Request for Council Action. 23.A. WESTMINSTER AVENUE WIDENING AND REHABILITATION - WEST STREET TO FA1RVIEW STREET - To R. J. Noble Company in the estimated amount of $2,694,148.80 with total estimated construction cost of $3,473,900.00 - Public Works Agency PROJ 1440A-I MOTION: McGuigan SECOND: Mills VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MINUTES 68 MARCH 4, 1996 BUSINESS CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Councilmember Moreno requested a continuance of the bid award so he could review specifics of the proposed purchase. Motion: Continue consideration of bid award to March 18, 1996. 22.G. FURNITURE - VARIOUS DEPARTMENTS - For a 12-month period to the following in the estimated amounts indicated - Finance and Management Services SPEC 96-008 McMahan Desk, Inc. BKM Total Office MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None $50,000.00 50,000.00 SECOND: Richardson Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None AGREEMENTS Bruce Nicholson, President of the Floral Park Neighborhood Association, and Amanda Booth from the Garden Club, expressed their respective group's enthusiasm and support about working with the City to renovate the Sarah May Downie Park site. Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreement. 25.D. RENOVATION OF SARAH MAY DOWNIE PARK SITE - FLOWER ST. AND N. PARK BOULEVARD - With the Floral Park Neighborhood Association and the Garden Club - Recreation and Community Services AGMT 96-024 MOTION: Lutz SECOND: Mills VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MII'qUTES 69 MARCH 4, 1996 BUSINESS CALENDAR 25.F. SUBLEASE - FRENCH STREET WATER TOWER SITE Councilmember Mills requested the French Street Water Tower lease be continued pending further investigation of the site aesthetics, possible earmarking of the lease revenue for recreation services in the Logan area, and provision of project site plans and renderings for Council review. Motion: Continue consideration of the sublease of the French Street Water Tower site to April 1, 1996. MOTION: Mills SECOND: Lutz VOTE: AYE S: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None AGMT 96-028 RESOLUTIONS 55.A. CALTRANS REIMBURSEMENT - FLASHING YELLOW BEACONS AT FIVE SCHOOL CROSSWALKS Motion: Adopt resolution. RESOLUTION 96-018 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to enter into an agreement with the State of California, Department of Transportation, (CALTRANS) for State funding for City Project #1605 under FY 1994-1995 Hazard Elimination Safety Program - Public Works Agency MOTION: Mills SECOND: Richardson VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE CA CITY COUNCIL MINUTES 70 MARCH 4, 1996 BUSINESS CALENDAR 55.B. Motion: AMENDMENT TO CONFLICT OF INTEREST CODE Adopt resolution. RESOLUTION 96-019 - A resolution of the City Council of the City of Santa amending the Conflict of Imerest Codes of certain City Agencies and Departments - Clerk of the Council MOTION: McGuigan SECOND: Espinoza VOTE: AYE S: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None FILE CA PUBLIC HEARINGS 75.A. ALTERNATIVE ABATEMENT PROCEDURE FOR CODE ENFORCEMENT Proposal to establish an alternative procedure to abate public nuisances caused by zoning and building code violations, and set cost recovery rates of $67.00 per hour for code enforcement work and $75.00 per hour for hearings Legal Notice published in the Register on January 24 and 31, 1996 Motion:. Continue consideration of the Alternative Abatement Procedure for Code Enforcement to April 1, 1996. MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None FILE CA RECESSED - 7:22 P.M. RECONVENED - COUNCIL CHAMBERS - 7:39 P.M. - All Councilmembers present CITY COUNCIL MINUTES 71 MARCH 4, 1996 PUBLIC HEARINGS 75.B. CONDEMNATION OF PROPERTIES FOR BRISTOL STREET WIDENING - 1104 S. BRISTOL; 1106-1120 AND 1136 S. BRISTOL; 1212 S. BRISTOL; 1306 S. BRISTOL; 1433-1441 S. BRISTOL; 1442 S. BRISTOL Public hearing to consider condemnation of properties located on Bristol Street between McFadden and Edinger Avenues for street widening purposes within the Bristol Street Project Area and to declare the public necessity of the action Legal Notice mailed to property owners on February 12, 1996 The Mayor opened the public hearing regarding the condemnation of properties for the Bristol Street Widening project at 7:39 p.m. Presentation of staff reports and staff comments by Community Development Agency Real Estate Manager Robert Hoffinan Presentation of written communications by Clerk of the Council Janice C. Guy: Letter from Gary C. Weisberg dated February 16, 1996 re 1106-1120 and 1136 S. Bristol Letter from Joseph Del Rivo faxed February 27, 1996 re 1106-1120 and 1136 S. Bristol Letter from Mark J. Linder dated February 27, 1996 re 1442 S. Bristol Letter from Talat Radwan faxed February 27, 1996 re 1433 and 1441 S. Bristol Letter from Gary Weisberg faxed March 1, 1996 There were no speakers on the matter. The Mayor closed the public hearing at 7:43 p.m. Motion: Adopt resolutions. RESOLUTION 96-022 - A resolution of the City Council of the City of Santa Aha finding and determining that the public interest and necessity require the acquisition by eminent domain of a portion of that certain real property at 1104 South Bristol Street, Santa Aha for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency DEED CITY COUNCIL MINUTES 72 MARCH 4, 1996 PUBLIC HEARINGS RESOLUTION 96-020 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain of a portion of that certain real property at 1106-1120 and 1136 South Bristol Street, Santa/ina for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency DEED RESOLUTION 96-023 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain of a portion of that certain real property at 1212 South Bristol Street, Santa Ana for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency DEED 7784 RESOLUTION 96-024 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain ora portion of that certain real property at 1306 South Bristol Street, Santa Ana for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency DEED 7762 RESOLUTION 96-021 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain of a portion of that certain real property at 1442 South Bristol Street, Santa Ana for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency DEED RESOLUTION 96-025 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest and necessity require the acquisition by eminent domain of a portion of that certain real property at 1433 and 1441 South Bristol Street, Santa Ana for street widening purposes and authorizing and directing condemnation thereof- Community Development Agency DEED MOTION: Mills SECOND: McGuigan VOTE: AYES: NOES: Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ABSENT: None CITY COUNCIL MINUTES 73 MARCH 4, 1996 COUNC~ AGENDAITEMS 85.A. TRAIN WHISTLE BLOWING WITHIN CITY LIMITS (MORENO) Cuyler Wenberg and Rich Goodrich reported that the City of Placentia had an ordinance that restricted train whistle blowing within its boundaries and requested similar restrictions be adopted by Santa gna. Direct the City Attorney to draft an ordinance similar to the City of Placentia 's, placing restrictions on train whistle blowing within Santa Aha's boundaries. MOTION: Moreno SECOND: Espinoza Councilmembers discussed the difficulties of adopting railroad regulations and possible courses of action such as requesting the Southern California Regional Rail Authority to voluntarily lower train whistle decibels and/or restrict whistle blowing duration. Assistant City Attorney Richard Lay opined that State law pre-empted local law in this area and any City ordinance restricting train whistles would be unenforceable. Substitute Motion: Continue to support State and Federal safety regulations regarding railroads. MOTION: Mills VOTE: AYES: NOES: SECOND: McGuigan Lutz, McGuigan, Mills, Pulido, Richardson Espinoza, Moreno ABSENT: None RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 8:19 P.M. RECONVENED - 8:29 P.M. - All Councilmembers present COMMENTS 90.A. PUBLIC COMMENTS Pat Mill thanked Councilmember Moreno for clarifying the difference between a Request for Proposal and a competitive bidding process at the February 20 Council meeting, repeated her request for the City's trash contract to be competitively bid, and asked when the Council would discuss possible changes to the City's trash contract. City Manager David Ream indicated the trash contract would be discussed at the March 21 Council meeting. The following persons representing Concerned Parents of Madison School voiced concerns about the safety of their children and requested a traffic signal for the crosswalk at Hobart and Standard Streets: CITY COUNCIL MINUTES 74 MARCH 4, 1996 Griselda Escalera Eusebia Diaz Amparo Ortega Felix Garcia Gomez Artemio Bustos Felicitas Escobar Marti Baker Jose Guadalupe Bermejo Omar Castillo Virgen Mayo Eusebio Nava Carolina Rodriguez Josefina Llamas Patrick Ruiz Victoria Zaragoza Mayor Pulido pointed out a flashing yellow beacon had already been approved for the intersection (see Minutes page 70), but indicated the request would be discussed further during the Capital Improvement Program (CIP) budget study session. Mayor Pro Tem Richardson requested staff provide Council with information on signal costs and priority ranking criteria regarding the City's traffic signals. 90.B. CITY COUNCIL COMMENTS Councilmember Espinoza reported a large pothole near the intersection of Raitt and Pine Streets. He also indicated that he and Councilmember Moreno had recently spent a day at Valley High School promoting the value of education and thanked all the teachers who had made the opportunity possible. Councilmember Lutz briefed the Council on the activities of the Republic Homes Neighborhood Association and requested staff work with the Association on improvement and repair of curbs and sidewalks and a drainage problem in the area. Councilmember Mills expressed appreciation to Fire Chief Marc Martin and the Fire Department for their assistance with the installation of 200 smoke detectors in the Flower Park Neighborhood last Saturday. Mayor Pro Tem Richardson: - requested "get well" wishes be sent to community activist Sam Romero's daughter Lydia who had recently suffered an aneurysm and was in a coma at Western Medical Center; - asked that the Council meeting be adjourned in honor of Kiwanis Key Club sponsor and Santa Ana High School ROTC Comdr. Carl Hill, and Boys and Girls Club President Charlene Immel's father, Charles Hester, both prominent Santa Ana citizens who had recently passed away; CITY COUNCIL MINUTES 75 MARCH 4, 1996 - noted the most recent Kiwanis Club magazine featured an article on the Santa Ana Kiwanis Barrier-Free Park; and - lauded the policing effort he had witnessed during a Saturday evening ride-a-long with the Police Task Force in the central City and expressed thanks to Police Sgt. John Follo, and also expressed appreciation to Mayor Pulido who had helped secure Federal funds to underwrite the Task Force. Councilmember Moreno: asked staff respond to a constituent complaint regarding prolonged closure of Centennial Park restrooms by scheduling maintenance work to minimize inconvenience to park visitors; - suggested Comcast Cablevision use a "crawl line" to show Council votes during Council meetings; suggested the public call Councilmembers to urge competitive bidding for the City's trash contract rather than extend the Great Western Reclamation contract; - noted the Santa Ana Zoo had recently celebrated its 44th birthday; and reiterated his request to the City Attorney's Office to prepare a Charter amendment that would limit campaign contributions to general purpose committees. Mayor Pulido commented on the effectiveness of the W.O.R.K Center, a cooperative effort involving the Private Industry Council, Rancho Santiago Community College, the City, and several other agencies to increase employment, and suggested advertising the program to Santa Ana residents on Cable Television Channel 3. Mayor Pulido asked staffto look into the feasibility of showing Council votes as they occur on cable. 90.C. CITY MANAGER COMMENTS City Manager Ream reported that Public Works Agency employee John Romo, injured in a work- related accident, had recently passed away and suggested the Council meeting be adjourned in his memory as well. Ream noted a memorial service for Romo would be held at the Corporate Yard. CLOSED SESSION - ROOM 147 - 9:19 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. The following items were received for the March 4, 1996 Closed Session. CITY COUNCIL MINUTES 76 MARCH 4, 1996 95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LEGISLATION (G.C. 54956.9) Name of Case: Summers v. Santa Aha (Workers Compensation) Files 93FDS0157 and 93FDS0262 Name of Case: City of Santa Aha v. C.F.I. Properties et al Superior Court Case No. 74-81-11 RECONVENED - COUNCIL CHAMBERS - 9:38 P.M. - All Council members present Motion: 95.A. CLOSED SESSION REPORT 1. Authorize settlements as follows: CONFERENCE WITH LEGAL COUNSEL- EXISTINO LEGISLATION (G.C. 54956.9) Name of Case: Summers v. Santa Aha (Workers Compensation) Files 93FDS0157 and 93FDS0262, compromise and release in the amount of $117,500.00 MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Espinoza, Lutz, McGuigan, Mills, Moreno, Pulido, Richardson None ADJOURNMENT - 9:39 P.M. - In memory of Carl Hill, Charles Hester, and John Romo To 6:00 p.m., March 7, 1996 at the Santa Ana Main Library Meeting Room A, 26 Civic Center Drive CITY COUNCIL MINUTES 77 MARCH 4, 1996