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Home My WebLink About02-22-1994MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 22, 1994 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:08 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS TED R MORENO Absent: ROBERT L. RICHARDSON STAFF: DAVID N. REAM, City Manager EDWARD J. COOPER, City Attorney JANICE C. GUY, Clerk of the Council PLEDGE OF ALLEGIANCE PRESENTATIONS First Annual Wilshire Square "Neighbor of the Year" Award presented by MAYOR PRO TEM PULIDO to David Rudge for his contributions to the community CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. Removal of Items 19.A. and 21.A. for separate action. 2. Abstentions by Councilmember Mills on Item 10.A. and Councilmember Moreno on Item 22.A. CITY COUNCIL MINUTES 40 FEBRUARY 22, 1994 CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido SECOND: McGuigan VOTE: AYES: Lutz, McGuigan, Mills, Moreno, Pulido, Young NOES: None ABSENT: Richardson MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF FEBRUARY 7, 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 otherMse, his/her vote is recorded as affirmative. Absences from the current meeting are recorded as such. Motion: ll.A. Legal notice published in O.C. Reporter on February 11, 1994 Place ordinances on second reading and adopt. ADOPTION OF UPDATED FLOOD PLAIN MAPS (Placed on first reading on February 7, 1994, by a 6/0 vote with Mills absent.) 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 FILE BK CITY COUNCIL MINUTES 41 FEBRUARY 22, 1994 CONSENT CALENDAR ll.B. AMENDMENT APPLICATION 1064 - NORTHEAST CORNER - MACARTHUR AND FAIRVIEW FILED BY C.J. SEGERSTROM AND SONS (Placed on first reading on February 7, 1994, by a 6/0 vote with Mills absent.) ORDINANCE NS-2216 - An ordinance of the City of Santa Ant rezoning certain prope~y located on the east side of Fairview Street between Alton Avenue and MacA~thur 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 FILE AMAP CLERK OF Motion: 15.A. 15.B. THE COUNCIL POSTING REPORT Instruct Clerk to enter notice of posting into the Minutes. The February 7, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 3:00 p.m. on February 2, 1994. Steve Harvey's resignation as the Ward 1 representative to the Cable Television Advisory Board, effective February 28, 1994 was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 10:00 a.m. on February 7, 1994. MISCELLANEOUS - ADMINISTRATION 19.A. EXCUSED ABSENCE - Removed for separate action. (See Minutes page 46.) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT 94-152 - POLICE DEPARTMENT BICYCLE SAFETY PROGRAM Motion: 1. Accept. Donation in the amount of $100.00 from the Santa Ant Police Officer's Association - Finance and Management Services CITY COUNCIL MlNUTES 42 FEBRUARY 22, 1994 CONSENT CALENDAR 2. Approve. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT 94-152 - Receipt of donation in Gifts and Donations in Fund 11 recognizing $100.00 and appropriating same to Police Traffic Operations - Finance and Management Services FILE APAD GRANTS]APPLICATIONS 21.A. MORTGAGE ASSISTANCE PROGRAM - Removed for separate action. Minutes page 47.) (See SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. 22.A. DIGITAL EQUIPMENT MAINTENANCE - POLICE DEPARTMENT - To Jadtec Computer Group for a first year contract renewal in the amount of $27,960.00 - Finance and Management Services (Councilmember Moreno abstained.) SPEC 92-045 22.B. TRAFFIC SIGNS AND RELATED HARDWARE - For a first year contract renewal - Finance and Management Services SPEC 92-183 Safeway Sign Co. Century Products Western Highway Products Myers & Songs Hi-way Safety, Inc. Est. Amt. $117,374.00 3,879.00 26,713.00 11,508.00 22.C. METER/VALVE BOXES AND MANHOLE ASSEMBLIES - For a first year contract renewal - Finance and Management Services SPEC 92-186 Armorcast Products Company Eisel Enterprises, Inc. $51,738.00 12,920.00 22.D. STADIUM SHOWER AND RESTROOM REPAIRS - To J & P Allen Construction in the amount of $24,600.00 - Finance and Management Services SPEC 93-088 22.E. CHLORINATORS - To Aqua Products Distributing, Inc. in the amount of $43,418.94 - Finance and Management Services SPEC 94-004 CITY COUNCIL MINUTES 43 FEBRUARY 22, 1994 CONSENT CALENDAR 22.F. POLICE PATROL SEDANS (23) - To Maurice J. Sopp & Son/General Motors Acceptance Corporation as the lowest responsive bidder for the Coumy of Los Angeles in the amount of $360,310.00 - Finance and Management Services SPEC 94-040 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award in accordance with Request for Council Action. 23.A. TREE PLANTING - SECOND AND THIRD STREETS - To Delta Landscape in the amount of $19,911.70 - Public Works Agency PROJ 7080-2 23.B. TREE PLANTING - INDIAN VILLAGE NEIGHBORHOOD - To Delta Landscape Inc. in the amount of $29,397.60 - Public Works Agency PROJ 7081-2 23.C. TREE PLANTING - GREENVILLE AND SEGERSTROM STREETS - To Delta Landscape in the amount of $11,759.04 - Public Works Agency PROJ 7083-3 23.D. TREE REMOVAL - ARTESIA PILAR NEIGHBORHOOD - To Petersons Tree Works in the amount of $48,500.00 - Public Works Agency PROJ 7319-1 AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. REIMBURSEMENT AGREEMENT FOR ALTON/SR-55 OVERCROSSING PROJECT REPORTS - With the City of Irvine which identifies joint project roles and responsibilities and financial terms and conditions regarding the Measure M-funded Alton Overcrossing at State Route 55 - Public Works Agency AGMT 94-015 25.B. CONSTRUCTION INSPECTIONS - With Certified Inspections & Code Consultants, Inc. in an amount not to exceed $30,000.00 - Planning and Building Agency AGMT 94-016 CITY COUNCIL MINUTES 44 FEBRUARY 22, 1994 CONSENT CALENDAR 25.C. PROJECT MANAGEMENT SERVICES FOR PARK DEVELOPMENT PROJECTS - With Alex Osachoff in the amount of $50,000.00 for one year with the option for two 12-month extensions - Recreation and Community Services AGMT 94-017 25.D. TELEMETRY AND CONTROL SYSTEM - BRISTOL RESERVOIR EXPANSION (PROJ 3114) - With Transdyn Controls, in an amount not to exceed $21,860.00 - Public Works Agency AGMT 94-018 25.E. MANAGEMENT AND LEADERSHIP PROGRAM AMENDMENTS - Personnel Services With Natural Management Institute in the amount of $7,250.00 AGMT 94-019 With Liebert, Cassidy & Frierson in the amount of $6,700.00 AGMT 94-020 With Edward C. Caprielian in the amount of $9,800.00 AGMT 94-021 25.F. Motion: THORNTON "BARRIER FREE" (INCREASED HANDICAPPED ACCESS) PARK Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. AMENDMENT #1 TO FINANCIAL ASSISTANCE AGREEMENT FOR THORNTON "BARRIER FREE" PARK - With the County of Orange Collaborative to extend the time for contract completion to December 31, 1995 - Recreation and Community Services AGMT 94-022 2. Terminate agreement and authorize staff to complete work. CONCEPTUAL PLANS AND CONSTRUCTION DOCUMENTS - THORNTON "BARRIER FREE" PARK - With Valley Architectural Collaborative - Recreation and Community Services AGMT 92-132 CITY COUNCIL MINUTES 45 FEBRUARY 22, 1994 CONSENT CALENDAR MISCELLANEOUS Motion: 39.A. LAND USES Continue public hearing to March 7, 1994 at request of staff. APPEAL APPLICATION 93-001 RE VA 91-003 FILED BY THE APOSTOLIC CHURCH FILE VA * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR MISCELLANEOUS - ADMINISTRATION 19.A. EXCUSED ABSENCE Councilmember Lutz explained that Councilmember Richardson was absent due to a long- planned vacation in the Philippines and that Richardson would be present for the next Council meeting. Motion: Approve. Excused absence for Councilmember Richardson from the February 22, 1994 Council Meeting MOTION: Lutz VOTE: AYES: NOES: ABSENT: SECOND: McGuigan Lutz, McGuigan, Mills, Moreno, Pulido, Young None Richardson CITY COUNCIL MINUTES 46 FEBRUARY 22, 1994 BUSINESS CALENDAR GRANTS/APPLICATIONS 21.A. MORTGAGE ASSISTANCE PROGRAM In response to Patricia Mill's inquiry, Councilmember Moreno clarified that the first-time home buyer mortgage assistance program applied not only to those who had attended Santa Ana Unified School District schools but to all Santa Ana residents. Motion: Authorize. Implementation of a first-time homebuyer Mortgage Assistance Program utilizing federal HOME funds and execution of all necessary documents by the Executive Director of the Community Development Agency - Community Development Agency MOTION: Moreno VOTE: AYES: NOES: ABSENT: Richardson SECOND: Mills Lutz, McGuigan, Mills, Moreno, Pulido, Young None FILE BK PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.E. SANTA ANA POLICE ADMINISTRATION AND HOLDING FACILITY (JAIL) At Police Chief Walters' request, the audience observed a moment of silence in honor of Los Angeles Police Officer Christy Hamilton who had been killed in the line of duty that morning. Staff presentation regarding Police Administration and Holding Facility presented by Police Chief Paul Walters The following persons spoke in favor of the proposed Santa Ana Police Administration and Holding Facility: Betancourt, Vicki Blankenship, Don Browne, Ruth Buffmgton, Colleen O'Hara Christy, Alberta Corpin, Rita Drener, John Escalante, Robexl Felske, Tim l~ierro, Richard CITY COUNCIL MINUTES 47 FEBRUARY 22, 1994 BUSINESS CALENDAR File, Richard Gawronski, Evangeline Harwood, Jon Heidler, George Heskett, Ed Hickerson, James Hitterdale, Laurence Holmberg, Priscilla E. Kings, Simon Lopez, Adolfo Martinez, Jose M. McPeck, Kim McPeck, Kim Mill, Sean Nalle, Raymond Powers, Raymond Pratt, Sandra Ripley, Edward Smith, Jeff Thornhill, Randy, J. Vargas, Jose Walker, Jim Wood, Luis The following persons spoke in opposition to the proposed Sama Ana Police Administration and Holding Facility: Ails, Ralph Crissell, Ted Ells, Thomas C. Estmda, George Garcia, Juan Leach, Florence Leach, Miles R. Motion: Award in accordance with Request for Council Action. CONSTRUCTION - To Perini Building Company, Inc. in the estimated amount of $78,300,000.00 with total estimated construction cost of $82,800,000.00 pending sale of bonds - Public Works Agency PROJ 6210 MOTION: Moreno SECOND: Lutz VOTE: AYES: Lutz, McGuigan, Mills, Moreno, Pulido, Young NOES: None ABSENT: Richardson AGREEMENTS 25.G. SANTA ANA POLICE ADMiNISTRATION AND HOLDiNG FACILITY (JAIL) Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. CITY COUNCIL MINUTES 48 FEBRUARY 22, 1994 BUSINESS CALENDAR TESTING AND INSPECTION SERVICES - With Professional Services Industries in an amount not to exceed $874,000.00 pending sale of bonds - Public Works Agency AGMT 94-023 CONSTRUCTION MANAGEMENT SERVICES AMENDMENT - With CRSS Constructors, Inc., increasing the not-to-exceed amount to $5,432,300.00 pending sale of bonds - Public Works Agency AGMT 94-024 ARCHITECTURAL ENGINEERING SERVICES AMENDMENT - With Hellmuth, Obata & Kassabaum, Inc. increasing the not-to-exceed amount to $4,712,325.00 pending sale of bonds - Public Works Agency AGMT 94-025 MOTION: Pulido SECOND: Mills VOTE: AYES: Lutz, McGuigan, Mills, Moreno, Pulido, Young NOES: None ABSENT: Richardson RESOLUTIONS 55.A. POLICE ADMINISTRATION AND HOLDING FACILITY (JAIL) FINANCING Staff presentation regarding Police Administration and Holding Facility financing by Finance and Management Services Executive Director Rod A. Coloma CONVENED THE SANTA ANA FINANCING AUTHORITY 1N JOINT SESSION WITH THE SANTA ANA CITY COUNCIL - 8:51 P.M. Mike Metzler spoke in favor of the Santa Ana Police Administration and Holding Facility but expressed reservations regarding the financing plan. Tim Rush spoke in favor of the proposed financing plan for the Santa Ana Police Administration and Holding Facility. The following persons spoke in opposition to the proposed financing plan for the Santa Ana Administration and Holding Facility: Kearney, Lee M. Leach, Miles R. Montez, Arturo CITY COUNCIL MINUTES 49 FEBRUARY 22, 1994 BUSINESS CALENDAR Motion: Adopt resolution. (Joint Action with Santa Ana Financing Authority) RESOLUTION 94-007 - A resolution of the City Council of the City of Santa Ana approving a form of ground lease, lease and purchase contract; making certain determinations relating thereto; and authorizing certain other action in connection therewith - Finance and Management Services MOTION: Lutz SECOND: Pulido VOTE: AYES: Lutz, McGuigan, Mills, Moreno, Pulido, Young NOES: None ABSENT: Richardson FILE BK RECONVENED - CITY COUNCIL - 9:17 P.M. PUBLIC HEARINGS 75.A. UTILITY USERS TAX RATE INCREASE PROPOSED UTILITY USERS TAX INCREASE from 5% to 6% will be levied upon every household or corporation using a utility (telephone, electricity, gas and water) within the City. Legal Notice published in O.C. Register on January 5, 12, and 19, 1994 The Mayor opened the public hearing regarding the proposed Utility Users Tax Rate Increase at 9:17 p.m. Presentation of staff report and staff corrgnents by Finance and Management Services Executive Director Rod A. Coloma Clerk of the Council Janice C. Guy noted that two written communications in opposition to the proposed tax increase had been received in addition to those listed in the Agenda: one from the Apartment Association of Orange County and the other from Santa Ana Merge Society of Neighbors. She also reported that her Office had received 148 telephone calls from residents opposing the tax increase. CITY COUNCIL MINUTES 50 FEBRUARY 22, 1994 The following sent written opposition to the proposed increase prior to the Council Meeting which had been included in the public record: Balloons and the Works (Fax) Berry, Ruth Buffin, Judy Coleman, Danna B. Crisell, Ted Diorio, Michael Ditmars, Madeline Dominguez, Monia E. Douglas, Geraldine C. Edge, Vic Eldridge, Beverly Emmerich, Helen Estrada, George Fischer, Annie M. Ford, Linda K. Ford, Lucile L. Garcia, Gerald Garcia, Juan Gibbons, Jan Gibbons, Robert J. Heffner, Mildred Leach, Florence Leach, Miles R. Lichtenstein, John Moyer, Estelle L. Moyer, Roy D. Paez, Dr. Femando Paul, Margaret A. Pearlman, Dr. Pena, Daniel Perry, Judy L. Raya, Femando Sarmiento, Cruz Tucker, Jim (2) Unger, Dominik Young, Randell The following persons spoke in favor of the proposed Utility Users Tax Rate increase: Carter, Bert Humphreys, Julie Lopez, David L. Kendrick, James Macres, Michael Marquez, Jim McPeck, Kim Ravelli, Beverly Thrower, Sandra The following persons spoke in opposition to the proposed Utility Users Tax Rate increase: Buffin-Edge, Judy Ells, Thomas C. Estrada, George Kearney, Lee M. LaChapelle, Bernie Leach, Florence Leach, Miles R. Lopez, Nativo V. Mill, Patricia Mill, Sean Nickell, Virgel L. Perry-Lichtensien, Judy Plascencia, Rafael Raya, John M. The Mayor closed the public hearing at 10:23 p.m. CITY COUNCIL MINUTES 51 FEBRUARY 22, 1994 Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2217 - An ordinance of the City of Santa Ana amending Sections 35-155, 35-156, 35-157, and 35-158 of the City of Santa Aha Municipal Code, relating to Utility Users Tax - Finance and Management Services MOTION: Mills SECOND: McGuigan VOTE: AYES: Lutz, McGuigan, Mills, Moreno, Pulido, Young NOES: None ABSENT: Richardson FILE UUT Councilmember Mills requested that the Council impose no new or additional fees in the upcoming City budget in view of the current economic downturn. She also requested staff develop a crime prevention program specifically targeted at youth between the ages of 14 and 24. RECESSED - 10:35 P.M. RECONVENED TO CLOSED SESSION - ROOM 147 - 10:50 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 party to wit: Cobos vs. City of Santa Ana Tobe vs. City of Santa Ana Government Code Section 54956.9(c) to decide whether to initiate litigation. RECONVENED - COUNCIL CHAMBERS - 10:59 P.M. - All Councilmembers present except Councilmember Richardson 95.A. Motion: CITY COUNCIL MINUTES CLOSED SESSION REPORT Authorize settlement as follows: Cobos vs. City of Santa Aha, in the amount of $25,000.00. 52 FEBRUARY 22, 1994 MOTION: McGuigan VOTE: AYES: NOES: SECOND: Pulido Lutz, McGuigan, Mills, Moreno, Pulido, Young None ABSENT: Richardson RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 11:00 P.M. RECONVENED - COUNCIL CHAMBERS - 11:02 P.M. - All Councilmembers present except Councilmember Richardson COMMENTS 90.A. PUBLIC COMMENTS Priscilla Holmberg requested the Council consider placing a measure to ban fireworks before the voters. Alberta Christy invited the Council and listening audience to join with her neighborhood in a rally on Saturday, March 5, 1994 at 10:00 a.m. to protest obscene behavior and conduct occurring at Paddy Murphy's, a nude entertainment bar located at 2920 W. Warner Avenue in Santa Ana. The Mayor requested the City Attomey brief the Council at the next Council meeting on how the City might assist the neighborhood in its campaign against the bar. John Raya requested the City rescind its policy of reselling confiscated firearms. The City Manager reported that a new contract would not be let to resell confiscated firearms when the present contract expires. ADJOURNED - 11:14 P.M. Janice C. Guy Clerk of the Council CITY COUNCH. MINUTES 53 FEBRUARY 22, 1994