HomeMy WebLinkAbout02-16-1999MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 16, 1999
At 6:00 p.m. in the Council Chambers, 22 Civic Center Plaza, Deputy Clerk of the
Council Maria Ruano announced the City Council would meet in the Community Room
of the Police Administration Building for a Work Study Session and declared the City
Council meeting adjourned to the Santa Ana Police Community Room, 60 Civic Center
Plaza, to convene at 6:15 p.m. or as soon as possible thereafter.
CALLED TO ORDER
ATTENDANCE
POLICE COMMUNITY ROOM
60 CiViC CENTER PLAZA
6:20 P.M.
COUNCILMEMBERS present:
MIGUELA. PULIDO, Mayor
TOM LUTZ, Mayor Pro Tem
LISA BIST
ALBERTA CHRISTY
PATRICIA A. McGUIGAN
Absent:
BRETT FRANKLIN
TED MORENO
STAFF present:
DAVID N. REAM, City Manager
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
PLEDGE OF ALLEGIANCE
Mayor Pulido asked that the record reflect excused absences for Councilmembers
Moreno and Franklin, Moreno due to the birth of a son, Theodore Daniel, on February
15 and Franklin due to vacation.
CITY COUNCIL MINUTES
48
FEBRUARY 16, 1999
Consent
Motion:
CONSENT CALENDAR
Approve staff recommendations on the following Consent
Calendar items.
MOTION: McGuigan SECOND: Christy
VOTE: AYES:
NOES:
Bist, Christy, Lutz, McGuigan, Pulido
None
ABSENT: Fmnklin, Momno
MINUTES
Motion:
ADMINISTRATIVE MATTERS
Approve minutes.
10.A. REGULAR MEETING OF FEBRUARY 1, 1999
Note: City Council Minutes are available at the following website address:
http://www.ci.santa-ana.ca.us/mayodminuteslhtm
BOARDS/COMMISSIONS/COMMITTEES
13.A. VACANCY REPORT - FEBRUARY 10, 1999
Motion: Instruct Clerk to enter report into the Minutes.
Boards/Commissions
Cable Advisory Television Board
Community Redevelopment/Housing
Commission
Environmental and Transportation
Advisory Committee
Human Relations Commission
Library Board
Personnel Board
Recreation and Parks Board
TOTAL
Vacancies
3
2
2
2
1
12
CITY COUNCIL MINUTES 49 FEBRUARY 16, 1999
CONSENT CALENDAR
13.B. APPOINTMENTS
Motion: Appoint.
Michael Macres, 822 N. Sherry Lane, recommended by
Councilmember Christy as the Ward 4 representative to the Human
Relations Commission for a first full term expiring November 30,
2002 (Replacing Clark) FILE BC
John M. Uttz, 1813 Catalina Ave., recommended by Councilmember
Christy as the Ward 4 representative to the Personnel Board for a
first full term expiring November 30, 2002 (Replacing Orlon)
FILE BC
David Sanchez, 1116 W. Sharon Road, recommended by
Councilmember Franklin as the Ward 3 representative to the Cable
Television Advisory Board for a partial term expiring November 30,
2000 (Replacing Bustamante) FILE BC
CLERK OF THE COUNCIL POSTING REPORT
The following notices were posted on the door of the Council Chambers at 22
Civic Center Plaza:
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A.
15.B.
15.C.
Council Meeting Meeting Date Time
Agenda Postinq Date Posted Posted
City Council Agenda 02/01/99 1/27/99 3:30 p.m.
Revised City Council Agenda 02/01/99 1/29/99 5:30 p.m.
City Council Closed Session 02/01/99 1/29/99 5:30 p.m.
Agenda
15.D.
15.E.
15.F.
Council Committee Meeting Date
Agenda Postings Date Posted
Plan/Build/Development Services 02/08/99 02/05/99
Budget/Personnel 02/09/99 02/05/99
Public Safety (Cancelled) 02/16/99 02/02/99
Time
Posted
4:35 p.m.
11:10 a.m.
1:45 p.m.
15.H.
Board/Commission Effective Date
Resiqnation(s) Date Posted
Michael Macres Cable Television 2/15/99 2/8/99
Advisory Board
Time
Posted
10:00 a.m.
CITY COUNCIL MINUTES 50 FEBRUARY 16, 1999
CONSENT CALENDAR
MAYORAL PROCLAMATIONS/CERTIFICATES
Motion: Declare and instruct Clerk to enter proclamations into the
Minutes.
16.A.
16.B.
16.C.
16.D.
16.E.
16.F.
16.G.
16.H.
Honoree Date
A.R.T. 1/29/99
Vons 2/3/99
HUD Homeowners Center 2/3/99
Al & Tricia Nichols 2/11/99
Firefighter Appreciation Day 2/12/99
Vietnamese Community 2/13/99
Second Baptist Church 2/14/99
Melvin & Anita Roy 2/15/99
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 1999-126 - ACCEPTING GRANT FUNDS
FOR ADULT LITERACY PROGRAM - NEWHOPE LIBRARY LEARNING
CENTER
Motion: Approve appropriation adjustment. (Requires five affirmative
votes)
Accepting California Library Service Act Matching Funds for Literacy
in the amount of $1,317.00 and Aim for Literacy funds in the amount
of $2,408.00 and appropriating same to support Adult Literacy
Services program at Newhope Library - Finance and Management
Services FILE CA
20.B. APPROPRIATION ADJUSTMENT 1999-141 -ACCEPTING CALIFORNIA
PUBLIC LIBRARY FUNDS TO ENHANCE LIBRARY SERVICES
Motion: Approve appropriation adjustment. (Requires five affirmative
votes)
Recognizing $185,120.00 in additional Public Library Funds and
appropriating same to enhance library services - Finance and
Management Services FILE CA
CITY COUNCIL MINUTES 51 FEBRUARY 16, 1999
CONSENT CALENDAR
20.C. APPROPRIATION ADJUSTMENT 1999-142 -ACCEPTING CITY OF IRVINE
FUNDS FOR SR-55/DYER ROAD INTER-CITY TRAFFIC SURVEILLANCE
PROJECT
Motion: 1. Direct the City Attorney to prepare and authorize the
Mayor and Clerk of the Council to execute agreements.
REIMBURSEMENT AGREEMENT - MATCHING SHARE COST -
SR-55/DYER ROAD INTER-CITY TRAFFIC SURVEILLANCE
PROJECT - With City of Irvine in the amount of $27,000.00 - Public
Works Agency AGMT 1999-028
Approve appropriation adjustment. (Requires five
affirmative votes)
Recognizing $27,000.00 as City of Irvine's matching share and
appropriating same for the construction of the SR-55/Dyer Road
Inter-City Traffic Surveillance Project - Finance and Management
Services AGMT
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Request for Council Action.
22.A.
SCREEN PRINTED CLOTHING - RECREATION AND COMMUNITY
SERVICES AGENCY - To Pacifica T-Shirts, Inc. to increase existing
contract by an additional $10,000.00 for a total not to exceed
$107,986.00 - Finance and Management Services
SPEC 95-259
22.B.
BLOOD AND BREATH ANALYSIS - POLICE DEPARTMENT - To
California Forensic Phlebotomy, Inc. to amend the existing contract
for an estimated amount of $15,000.00 for a total of $75,000.00 -
Finance and Management Services SPEC 97-015
BLOOD AND BREATH ANALYSIS - POLICE DEPARTMENT - To
California Forensic Phlebotomy, Inc. for a one-year renewal period in
an estimated amount not to exceed $80,000.00 - Finance and
Management Services SPEC 97-015
CITY COUNCIL MINUTES 52 FEBRUARY 16, 1999
CONSENT CALENDAR
PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT,
CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES
23.A.
Motion:
Award in accordance with Request for Council Action.
EXPANSION OF VEHICLE WASH-DOWN FACILITY -
CORPORATE YARD - To Western Environmental Engineers in the
estimated amount of $83,600.00 with a total estimated construction
cost of $105,500.00 - Public Works Agency PROJ 2721
AGREEMENTS
Motion:
25.A.
25.B.
25.C.
25.D.
25.E.
25.F.
Authorize the City Attorney to prepare and the Mayor and Clerk
of the Council to execute agreements.
ADDENDUM TO LEASE AGREEMENT FOR EMPLOYMENT
SERVICES SUMMER YOUTH PROGRAM - 500 W. SANTA ANA
BOULEVARD - With James A. Carter for the period March 1, 1999
through September 30, 1999 in an amount not to exceed $3,634.40
per month - Community Development Agency AGMT 1999-029
DESIGN OF THREE TRAFFIC SURVEILLANCE AND SIGNAL
IMPROVEMENT PROJECTS (PROJS 1723, 1724, AND 1725) - With
Meyer, Mohaddes Associates, Inc. in an amount not to exceed
$59,210.00 - Public Works Agency AGMT 1999-030
PORTABLE TRAFFIC MANAGEMENT SYSTEM - BRISTOL
WIDENING PROJECT (PROJ 1726)- With Odetic ITS in an amount
not to exceed $242,000.00 - Public Works Agency
AGMT 1999-031
AGMT 1999-031A
JAIL INMATE PHONE SERVICES - With Pacific Bell Phone Services
for a five-year period at no cost to the City - Police Department
AGMT 1999-032
COMPUTER-AIDED DISPATCH SYSTEM MAINTENANCE - With
PRC Public Sector, Inc. for a five-year period in an amount not to
exceed $78,500.00 annually - Police Department
AGMT 1999-033
PUBLIC BUSINESS ACADEMY FACULTY AGREEMENTS - With
the following in an amount not to exceed $5,000.00 each - Personnel
Services
CITY COUNCIL MINUTES 53 FEBRUARY 16, 1999
CONSENT CALENDAR
25.G.
25.H.
The Quinn Company
Edward C. Caprielian, Ph.D.
Tri-Source Training Resources
AGMT 1999-034
AGMT 1999-035
AGMT 1999-036
STATE GOVERNMENT ADVOCACY - With Townsend & Associates
in an amount not to exceed $60,000.00 - City Manager's Office
AGMT 1999-037
ENCROACHMENT LICENSE AGREEMENT - With American Pacific
Secured File Storage, Inc. for use of public right-of-way at 1110
North Main Street- Public Works Agency AGMT 1999-038
LAND USE MATTERS
CONDITIONAL USE PERMITSNARIANCES
Motion: Receive and file staff report approving CUP 89-22 as
conditioned.
31 .A. CUP 89-22 - 762 S. Harbor Boulevard - Filed by the City of Santa
Ana to modify the conditions of approval for an existing drive-through
eating establishment (Filibertos Restaurant) - Planning and Building
Agency FILE CA
FINAL TENTATIVE PARCEL/TRACT MAPS
Motion: Approve map and accept the vehicular access rights as released
and relinquished.
33.A.
PARCEL MAP 98-118 - 701 S. Halladay Street - Subdivides 0.62
acres into four parcels to allow for future construction of three single-
family residences - Public Works Agency FILE CA
***END OF CONSENT CALENDAR***
CITY COUNCIL MINUTES 54 FEBRUARY 16, 1999
BUSINESS CALENDAR
RESOLUTIONS
55.A. SOUTHSIDE PERMIT PARKING DISTRICT - ESTABLISHMENT
Motion: Adopt resolution.
RESOLUTION 1999-010 - A resolution of the City Council of the City
of Santa Ana establishing the Southside Permit Parking District -
Public Works Agency
MOTION: Christy
VOTE: AYES:
NOES:
ABSENT:
FILE RESO
SECOND: Bist
Bist, Christy, Lutz, McGuigan, Pulido
None
Franklin, Moreno
55.B. CENTRAL CITY PERMIT PARKING DISTRICT - ESTABLISHMENT
Motion: Adopt resolution.
RESOLUTION 1999-012 - A resolution of the City Council of the City
of Santa Ana establishing the Central City Permit Parking District -
Public Works Agency
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT:
FILE RESO
SECOND: Christy
Bist, Christy, Lutz, McGuigan, Pulido
None
Franklin, Moreno
55.C. VARIOUS PERSONNEL CLASSIFICATION AND FY 98-99 BUDGET
CHANGES
Motion: Adopt resolution.
RESOLUTION 1999-013 - A resolution of the City Council of the City
of Santa Ana to amend Resolution Nos. 82-110 and 96-095 to effect
certain changes to the City's Basic Classification and Compensation
Plans, and to amend the current annual budget to allocate and
reallocate certain positions - Personnel Services FILE RESO
CITY COUNCIL MINUTES
55
FEBRUARY 16, 1999
BUSINESS CALENDAR
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT:
SECOND: Christy
Bist, Christy, Lutz, McGuigan, Pulido
None
Franklin, Moreno
WORK STUDY SESSION
WS.A. TRENCH CUT FEES
Public Works Agency Executive Director Jim Ross introduced the session by briefing
the Council on staffs actions since 1996 regarding levy of a fee to recover the cost of
damages to streets from trench cuts. He explained when the fee was first proposed,
the primary concerns were the authority of the City to impose such a fee and the
validity of damages. Noting those issues had been resolved, Ross stated enactment
of the fee was now a policy issue. He indicated the fee was intended to encourage
utility providers to coordinate their trench cuts with the City's repaving schedule, as
well as to recover damage costs over and above normal street "wear and tear."
City Engineer George AIvarez presented "Save Our City Streets," a slide presentation
detailing the investment in public streets, utility trench permit statistics, projected
revenues from the proposed fee, and benefits that would accrue to the City from a
coordinated street excavation program. Dr. M.Y. Shahin, an asphalt pavement
consulting engineer, discussed the results of studies conducted in a number of cities to
evaluate and quantify the effects of trenching and utility patching on the service life of
streets. Shahin noted that the research clearly demonstrated utility cut patching
decreases asphalt pavement life.
Ross, Alvarez, and Shahin responded to Councilmember questions regarding trench
cuts that included, but were not limited to:
extent of the area damaged by a trench cut;
impact of "quality" versus "poor" repairs on pavement life;
the possibility that imposition of the fee would deter needed cuts;
increase in trench cut activity by telecommunication companies;
how costs are apportioned when more than one utility is involved;
transfer of damage costs by the utilities to the consumer; and
partial versus full recovery of damages.
Desi Reyes commented on the poor quality of patch repairs and the need for better
coordination of road work.
CITY COUNCIL MINUTES 56 FEBRUARY 16, 1999
WORK STUDY SESSION
RECESS - 7:27 p.m.-7:32 p.m.
The following presented slide presentations that basically supported the City's plan to
improve and better coordinate street repairs, but suggested the Council adopt a model
ordinance prepared by the utility companies rather than the one recommended by staff
(based on a League of California Cities model);
Tony Aguilar, Sourthern California Edison
Richard Porras, Pacific Bell
Judy Woolen, The Gas Company
Each spokesperson responded to Councilmembers' specific questions particularly
discussing warranty clauses of their respective franchise agreements that require
restoration of a street to as good a condition as existed before a repair was
undertaken.
City Attorney Joe Fletcher clarified that a franchise fee differs from the proposed trench
cut fee, in that the former is to reimburse the City for use of public land and the latter is
to recoup the cost of damages.
Winston Covington representing Communication Linkage Forum expressed the
support of the Forum board for the trench cut fee and encouraged the Council to adopt
the ordinance proposed by the Public Works Agency.
Mayor Pulido opined the ordinance needed further refinement. He thanked all
participants at the Study Session for their time and efforts.
CLOSED SESSION - 8:55 p.m.-9:58 p.m.
CLOSED SESSION CALENDAR
95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code Section 54956.9 (a)
David Esparaza,
WCAB Case # ANA0303616
In re Eichorn,
California Court of Appeal No. G022777
Flores v. City of Santa Ana
Case No. 803902
CITY COUNCIL MINUTES 57 FEBRUARY 16, 1999
CLOSED SESSION
95.B. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiator: Kathie Romero
Police Management Association
95.C
PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957 and Charter Section 705
City Manager Annual Performance Review
CLOSED SESSION REPORT
No action was reported out of Closed Session.
90.A. PUBLIC COMMENTS
There were no public comments.
COMMENTS
90.B. COUNCIL COMMENTS
Councilmember McGuiqan:
· referred a newspaper article regarding fire and paramedic unit operations to the
Public Safety Committee for discussion;
· requested Police and Public Works staffs to investigate graffiti and generally
deteriorated conditions at a shopping center located on the northeast corner of
Euclid and Edinger and also at 314 S. Euclid;
· forwarded a request to the City Manager for a "Do Not Block Intersection" sign at
the McFadden entrance to the shopping center located at the southwest corner of
Harbor and McFadden;
· inquired regarding the replacement of exterior doors on a historic building in the
1000 block of North Broadway (the Mayor reported the premises were being
secured after a vandalism incident); and
· reported "Automotive News" had awarded Crevier BMW a "best new car website"
designation.
Mayor Pulido requested the Public Safety Committee investigate a HUD program that
provides financial assistance to police officers (first time buyers) for purchase of homes
in their jurisdiction.
CITY COUNCIL MINUTES
58
FEBRUARY 16, 1999
COMMENTS
Mayor Pro Tem Lutz:
· reported the "New Voices" theater troupe was looking at rental space in the
Downtown Artists Village;
· noted Park Place, the building at the southwest corner of 3rd and Broadway, was
under new ownership and requested a meeting be scheduled to include himself,
City Manager David Ream, Community Development Executive Director Cindy
Nelson and Shaheen Sadigh, one of the new owners; and
· suggested the Council consider imposing a moratorium on fast food restaurants in
Downtown Santa Ana.
ADJOURNMENT- 10:10 P.M. - In honor of long term City resident Helen Honer and
Maudie Wootan, mother of former Redevelopment and Housing
Commissioner Dennis Wootan
Clerk of the Council
CITY COUNCIL MINUTES
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FEBRUARY 16, 1999