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Home My WebLink About02-07-1994MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 7, 1994 CALLED TO ORDER ATTENDANCE CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:06 P.M. COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern TOM LUTZ PATRICIA A. McGUIGAN TED R MORENO ROBERT L. RICHARDSON Absent: LISA MILLS (Due to illness) STAFF: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE CITY WELCOME Extended by MAYOR YOUNG to Visiting Students from East Berlin, Germany, sponsored by Santa Aha High School Teacher Mrs. Marcia Vandermolen PRESENTATIONS Certificate of Recognition presented by COUNCILMEMBER RICHARDSON to the following members of the Boys and Girls Club of Santa Ana and their Advisor Randy Ohoopi: Dom Murillo 1993 Boys & Girls Club of Santa Ana Youth of the Year Award Recipient CITY COUNCIL MINUTES 29 FEBRUARY 7, 1994 Karina Martinez 1993 Boys & Girls Club of Santa Ana Sir Thomas Lipton Award for Sportsmanship Recipient George Flores 1993 Boys & Girls Club of Santa Ana Most Inspirational Award Recipient Certificates of Recognition presented by COUNC1LMEMBER RICHARDSON to Santa Ana High School Cross-country Team Coaches Darel Newman and Roger Nava and the following team members in recognition of their CIF South Section Large School Championship and other achievements: Angel Caton Braulio Cedefio Juan Chavez Wenceslado Morales Gerardo Fuentes OATHS OF OFFICE Administered by the Clerk of the Council to Margaret Lee Brown, Ward 3 representative to the Planning Commission CONSENT CALENDAR The Mayor noted that Supplemental Agenda Items 13.B. and 85.A. had been added to the Consent Calendar. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Richardson VOTE: AYES: NOES: ABSENT: Mills SECOND: Moreno Lutz, McGuigan, Moreno, Pulido, Richardson, Young None CITY COUNCIL MINUTES 30 FEBRUARY 7, 1994 CONSENT CALENDAR MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF JANUARY 18, 1994 BOARDS/COMMISSIONS/COMMITTEES 13.B. APPOINTMENTS Motion: Appoint. John M. Casteix, 211 N. Flower Street, recommended by MAYOR YOUNG as the Mayoral representative to the Personnel Board for a partial term expiring November 30, i994 (Replacing Leclmer) 85.A. REORGANIZATION OF CITY'S BOARD AND COMMISSIONS AMENDMENT REQUESTED BY COUNCILMEMBER MILLS Motion: Approve. Amendment to Council policy that individuals may serve on only one City board or commission at a time effective March 1, 1994, to change the effective date to November 30, 1994. CLERK OF THE COUNCIL POSTING REPORT Motion: 15.A. 15.B. 15.C. Instruct Clerk to enter notice of posting into the Minutes. The January 18, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 9:00 a.m. on January 13, 1994. Joanne Lechner's resignation from the Personnel Board effective January 26, 1994 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:00 a.m. on January 21, 1994. William P. Crone's resignation from the Private Industry Council effective January 21, 1994 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on January 27, 1994. CITY COUNCIL MINUTES 31 FEBRUARY 7, 1994 CONSENT CALENDAR 15.D. Wes L. Schwery's resignation from the Private Industry Council effective January 21, 1994 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on January 27, 1994. CHAPTER 18.A. Motion: 3 APPEALS HEARING OFFICER'S REPORT - EL MONTEREY CAFE - 2020 W. FIFTH STREET Adopt. Hearing Officer's report in its entirety which recommends that the application for an extension of operating and dancing hours be denied FILE APSAM BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A. LIBRARY CIRCULATION CONTROL SYSTEM MAINTENANCE - To Computerized Library Systems, Incorporated (CLSI) for a two-year period in the amount of $54,585.68 - Finance and Management Services SPEC 83-010 22.B. MOBILE CAR WASHING SERVICES - POLICE DEPARTMENT - To City Fleet Services for a first year renewal in the estimated annual amount of $20,700.00 - Finance and Management Services SPEC 92-066 22.C. CUSTODIAL SERVICE - REGIONAL TRANSPORTATION CENTER - To Bradford Building Services, Inc. for a first year renewal in the amount of $50,976.00 - Finance and Management Services SPEC 92-078 22.D. STREET LIGHTING MAINTENANCE SERVICES - PUBLIC WORKS AGENCY - To Superior Signal for a first year renewal in the estimated amount of $110,000 - Finance and Management Services SPEC 93-002 22.E. COMPUTER SOFTWARE MAINTENANCE - INFORMATION SERVICES DIVISION - To EDP Systems, Inc. as the sole source provider for a three-year period in the annual amount of $28,017.00 - Finance and Management Services SPEC 93-017 CITY COUNCIL MINUTES 32 FEBRUARY 7, 1994 CONSENT CALENDAR 22.F. 22.G. CONSTRUCTION OF VOLLEYBALL COURTS - MEMORIAL PARK - To Patscheck Electric and Construction in the amount of $19,890.00 - Finance and Management Services SPEC 93-082 MiD-SIZED PASSENGER VEHICLES (3) - To Tuttle Click Dodge in the amount of $53,769.41 - Finance and Management Services SPEC 93-083 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. 23.A. RECONSTRUCTION - VARIOUS BLOCK WALLS - To Stanford Construction, Inc. in the estimated amount of $38,412.00 with total estimated construction cost of $55,500.00 - Public Works Agency PROJ 7036/7120C AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. CONVEYANCE OF CERTAIN PROPERTY TO THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA - Amendment to the Orange County Civic Center Authority Joint Exemise of Powers Agreement with the County of Orange to convey Civic Center Authority property previously owned by the County of Orange and City of Santa Ana back to the County and City respectively - Community Development Agency AGMT 94-011 25.B. 17TH STREET/SR 55 OVERCROSSING - WIDENING APPROACHES - Amendment to Cooperative Agreement No. D93-131 with the City of Tustin and the County of Orange to provide for Santa Ana's administrative costs as lead agency - Public Works Agency AGMT 94-012 25.C. PROJ 3114 - BRISTOL RESERVOIR - ENGINEERING SERVICES - Amendment to agreement with ASL increasing the not-to-exceed amount from $330,860.00 to $375,679.00 - Public Works Agency AGMT 94-013 25.D. TELEPHONE SYSTEM UPGRADE - COMMUNITY DEVELOPMENT AGENCY - With NEC Business Communication Systems West, Inc. in an amount not to exceed $65,000.00 - Community Development Agency AGMT 94-014 CITY COUNCIL MlNUTES 33 FEBRUARY 7, 1994 CONSENT CALENDAR LAND USE MATTERS MISCELLANEOUS - LAND USE 39.A. PARKING MANAGEMENT PLAN - COLUMBINE AVENUE Motion: Approve. Plan for multi-family developments allowing parking on both sides of Columbine Avenue between Main and Maple Streets - Public Works Agency FILE RPT * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR BOARDS/COMMISSIONS]COMMITTEES 13.A. PRIVATE INDUSTRY APPOINTMENTS Motion: Appoint. Charles Spears, Ingram Micro, as a Private Sector representative to the Private Industry Council for a first full term expiring February 1, 1998 (Replacing Crone) Jeri Simpson, Coastal Communities Hospital, as a Private Sector representative to the Private Industry Council for a partial term expiring August 1, 1994 (Replacing Schwery) MOTION: Richardson VOTE: AYES: NOES: ABSENT: Mills SECOND: McGuigan Lutz, McGuigan, Moreno, Pulido, Richardson, Young None FILE BC CITY COUNCIL MINUTES 34 FEBRUARY 7, 1994 BUSINESS CALENDAR ORDINANCES/FIRST READING 50.A. ADOPTION OF UPDATED FLOOD PLAIN MAPS Motion: Place ordinance on first reading and authorize publication of tide. ORDINANCE NS-2215 - An ordinance of the City of Santa Ana amending Section 7-2 of the Santa Ana Municipal Code to adopt updated special flood hazard maps for the City's Flood-Plain Management Regulations - Planning and Building Agency MOTION: Pulido VOTE: AYES: NOES: ABSENT: Mills SECOND: Moreno Lutz, McGuigan, Moreno, Pulido, Richardson, Young None PUBLIC HEARINGS 75.A. GPA 93-001 - AMENDMENT APPLICATION 1064 NORTHEAST CORNER - MACARTHUR AND FAIRVIEW FILED BY C.J. SEGERSTROM AND SONS GENERAL PLAN AMENDMENT 93-001 to redesignate the property from Medium Density Residential to General Business District AMENDMENT APPLICATION 1064 to rezone property from R2-PRD (Limited Multiple Family Residential-Planned Residential Development), SD-3 (Specific Development), and C-4 (Planned Shopping Center) to the C5 (A~terial Commercial) District to facilitate development of an integrated commercial project Recommended for approval by the Planning Commission on January 10, 1994 by a 5/0 vote Legal Notice mailed and published in O.C. Register on January 28, 1994 71~e Mayor opened the public hearing regarding General Plan Amendment 93-001 and Amendment Application 1064 at 6:35 p.m. Presentation of staff report and staff comments by Planning and Building Agency Planning Manager Ken Adams CITY COUNCIL MINUTES 35 FEBRUARY 7, 1994 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 6:39 p.m. Motion: 1. Adopt resolution. RESOLUTION 94-006 - A Resolution of the City Council of the City of Santa Ana amending the Land Use Element of the General Plan of the City of Santa Ana to redesignate an area located on the east side of Fairview Street between Alton Avenue and MacArthur Boulevard from medium density residential to General Business District (GPA 93-1) - Planning and Building Agency Approve and file Negative Declaration and place the following ordinance on first reading and authorize publication of title: ORDINANCE NS-2216 - An ordinance of the City of Santa Ana rezoning certain property located on the east side of Fairview Street between Alton Avenue and MacArthur Boulevard from the R2-PRD (Two-Family Residential- Planned Residential Development), SD (Specific Development) and C-4 (Planned Shopping Center) Districts to the C5 (Arterial Commercial) District (AA No. 1064) - Planning and Building Agency MOTION: McGuigan SECOND: Pulido VOTE: AYES: Lntz, McGuigan, Moreno, Pulido, Richardson, Young NOES: None ABSENT: Mills FILE GPA/AMAP OFF AGENDA ITEM Mayor Young reported an urgent communication had been received from Dr. Daniel H. Ninburg at 4:41 p.m. on February 7, 1994 requesting the Council to nominate Ninburg as an Orange County League of Cities representative to the Orange County Human Relations Commission. Young explained that action needed to be taken prior to the next Council meeting. Motion: Approve. Finding required by the Brown Act that the need to take action on the following item arose subsequent to the Agenda being posted. MOTION: Young SECOND: Pulido CITY COUNCIL MINUTES 36 FEBRUARY 7, 1994 Motion: VOTE: AYES: Lutz, McGuigan, Moreno, Pulido, Richardson, Young NOES: None ABSENT: Mills Authorize nomination. Dr. Daniel H. Ninburg, for a second term representing the Third Supervisorial District on the Orange County Human Relations Commission. MOTION: Young VOTE: AYES: NOES: ABSENT: Mills SECOND: McGuigan Lntz, McGuigan, Moreno, Pulido, Richardson, Young None RECESSED TO HOUSING AUTHORITY AND IMMEDIATELY RECONVENED - 6:43 P.M. - All Councilmembers present except Councilmember Mills COMMENTS 90.A. PUBLIC COMMENTS Tim Carpenter, 202 W. 19th Street, #B, noted that the Court of Appeals had decided against the City on the anti-camping ordinance case and requested the Council not to appeal the matter to the California Supreme Court. Mayor Young requested the Clerk of the Council distribute a recent article which had appeared in the Los Angeles Times regarding how various cities throughout the nation were dealing with the homeless problem. Jaime Vega, 319 E. Santa Ana Blvd., requested that all City actions against the homeless be discontinued. John Raya, reminded Santa Ana residents of the upcoming public hearing regarding an increase to the Utility Users Tax and suggested that everyone attend or call the Clerk of the Council to express their opinion on the matter. He also suggested that the issue should be placed on the ballot for a decision by the voters. Miles Leach, 2025 W. Tenth Street, reiterated his request to amend the Oath of Office taken by incoming Santa Ana Board and Commission members to require that loyalty be sworn to the Charter of the City of Santa Ana and suggested the Charter be amended to include such a provision at the next election. CITY COUNCIL MINUTES 37 FEBRUARY 7, 1994 RECESSED TO CLOSED SESSION - ROOM 147 - 6:51 P.M. The Clerk of the Council announced that the City Council was recessing to Closed Session pursuant to: Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally and to which the City was a part to wit: Laguna Beach et al vs. Eastern Transportation Corridor Santa Ana vs. Cooper Fellowship Lee vs. City of Orange et al Carr vs. City of Santa Ana (Workers Compensation); and also pursuant to: Government Code Section 54957 and Charter Section 705 to conduct the annual performance review of the City Manager RECONVENED - COUNCIL CHAMBERS - 7:37 P.M. - All Councilmembers present except Councilmember Mills 95.A. Motion: CLOSED SESSION REPORT Authorize settlentents as follows: Carr vs. City of Santa Ana (Workers Compensation), stipulation in the amount of $24,885.00 Subrogation case of Lee vs. City of Orange et al, in the amount of $97,500.00 MOTION: Pulido VOTE: AYES: NOES: ABSENT: Mills SECOND: Lutz Lutz, McGuigan, Moreno, Pulido, Richardson, Young None 90.B. COUNCIL COMMENTS Councilmember McGuigan requested staff investigate whether the proposed increase in the franchise fee for cable television exceeded the limits allowed by law. In response to Councilmember Lutz's inquiry, the City Manager indicated that he had not received very many calls with respect to alarm registration. CITY COUNCIL MINUTES 38 FEBRUARY 7, 1994 Councilmember Richardson requested that Brad Martin of Southem California Edison Company be recognized at a future Council meeting for his prompt intervention in a gang- related problem. Councilmember Moreno announced that he and his wife were anticipating the birth of a baby girl. ADJOURNED - 7:42 P.M. Janice C. Guy Clerk of the Council CITY COUNCIL MINUTES 39 FEBRUARY 7, 1994