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Home My WebLink About10-17-1994 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 17, 1994 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:10 P.M. ATTENDANCE COUNCILMEMBERS Present: DAN YOUNG, Mayor MIGUEL A. PULIDO, Mayor Pro Tern TOM LUTZ PATRICIA A. McGUIGAN LISA MILLS TED R MORENO ROBERT L. RICHARDSON Absent: NONE PLEDGE OF ALLEGIANCE STAFF Present: DAVID N. REAM, City Manager RICHARD LAY, Asst. City Attorney JANICE C. GUY, Clerk of the Council Absent: NONE MAYOR YOUNG assisted by members of Boy Scout Troop 123 from MacArthur Intermediate School EMPLOYEE AWARDS MAYOR YOUNG 30 Years of Service Frederick Caywood Park Maintenance Leader (recently retired) Recreation and Community Services CITY COUNCIL MINUTES 266 OCTOBER 17, 1994 25 Years of Service Winford Wright Park Maintenance Leader Recreation and Community Services Charles Shaw Recreation Supervisor Recreation and Community Services 20 Years of Service Robert Delaney Police Officer Police Department PRESENTATIONS Welcome and presentation of the Key to the City by MAYOR YOUNG to newly-appointed Consul Ana Coralia de Morot-Gaudry from the E1 Salvador Consulate Office in Santa Aha Proclamation declaring November 1994 as "Santa Ana Hospice Month" presented by MAYOR PRO TEM PULIDO to American Home Health Hospice, Inc. representatives Dr. Haresh Jhangiani, Director of Hospice Services Lynn Hoffman and Volunteer Coordinator Joyce L. Saltzgiver Proclamation declaring October 31-November 4, 1994 as "School/Business Partnership Week" presented by COUNCILMEMBER RICHARDSON to Santa Ana Unified School District Interim Superintendent Don Champlain and Chairman of the Board of the Santa Ana Chamber of Commerce Art Morello Proclamation declaring November 14-21, 1994 as "Scouting for Food Good Turn Week" presented by COUNCILMEMBER RICHARDSON to Boy Scouts of America Orange County Council Santiago District Executive Director Marcos Nava, Boy Scout Troop 123 Scoutmaster Steve Leu and several representatives from Troop 123 CITY COUNCIL MINUTES 267 OCTOBER 17, 1994 Certificate of Recognition for outstanding contributions to the Anti-Graffiti Program presented by COUNCILMEMBER MORENO to 94.3 KIK-FM President and General Manager Art Astor and former News Public Affairs Director Liz Pennington Anti-Graffiti Program plaque presented by Robert Acosta and Associates President Bob Acosta to Recreation and Community Services Executive Director Allen Doby and Police Captain Bruce Carlson CONSENT CALENDAR The Mayor announced the following modifications to the Consent Calendar: 1. removal of Items 23.C., 25.G., and 31.A-C. for separate action; and 2. abstentions by Councilmember Mills on Items 21.A and 25.B. Motion: Approve staff recommendations on the following Consent Calendar Items. MOTION: Pulido VOTE: AYES: NOES: ABSENT: None SECOND: Young Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None MINUTES Motion: 10.A. ADMINISTRATIVE MATTERS Approve Minutes. REGULAR MEETING OF OCTOBER 3, 1994 BOARDS/COMMISSIONS/COMMITTEES Motion: Receive and file report. 13.A. BIANNUAL ATTENDANCE REPORT APRIL 1994 THROUGH SEPTEMBER 1994 FILE BC CITY COUNCIL MINUTES 268 OCTOBER 17, 1994 CONSENT CALENDAR CLERK OF TIlE COUNCIL POSTING REPORT Motion: Instruct Clerk to enter notice of posting into the Minutes. 15.A. The October 3, 1994 City Council Agenda was posted on the door of the Council Chambers, 22 Civic Center Plaza, at 1:30 p.m. on September 28, 1994. MISCELLANEOUS 19.A. CHILD ABUSE MEDICAL SERVICES Motion: Authorize. Santa Aha Police Department to continue using the Orange County Child Abuse Services Team, as needed, for child abuse exams and payment upon submission of invoices in an amount not to exceed $25,000.00 - Police Department FILE BK BUDGETARY MATTERS GRANTS/APPLICATIONS 21.A. FUNDING FOR TRANSPORTATION PROJECTS Motion: 1. Adopt resolution. RESOLUTION 94-063 - A resolution of the City Council of the City of Santa Ana approving the submittal of projects to the Orange County Transportation Authority for funding under the Combined Transportation Funding Program - Public Works Agency FILE BK 2. Amend. Five-year Capital Improvement Program to incorporate the Combined Transportation Funding Programs project list - Public Works Agency FILE BK (Councilmember Mills abstained.) CITY COUNCIL MINUTES 269 OCTOBER 17, 1994 CONSENT CALENDAR 21.B. Motion: HOUSEHOLD HAZARDOUS WASTE FUNDS Adopt resolution. RESOLUTION 94-064 - A resolution of the City Council of the City of Santa Ana approving application for Household Hazardous Waste Discretionary Grant funds - Public Works Agency FILE BK SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award as recommended in Requests for Council Action. 22.A. PAINTING INTERIOR AND EXTERIOR REGIONAL TRANSPORTATION CENTER - To Jae's Painting and Maintenance Co., Inc. in the amount of $14,249.00 - Finance and Management Services SPEC 94-064 PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Award as recommended in Requests for Council Action. 23.A. CIVIC CENTER LANDSCAPE RENOVATION - DETENTION CENTER - To Cal's Lawn & Gardening in the estimated amount of $37,875.00 with total estimated construction cost of $56,000.00 - Public Works Agency PROJ 6302/9070 23.B. NEIGHBORHOOD IMPROVEMENTS AT MAIN AND SECOND AND TOWNER AND 18TH - To Nobest, Inc. in the estimated amount of $55,623.50 with total estimated constraction amount of $74,000.00 - Public Works Agency PROJ 7037B 23.C. ARTESIA PILAR AND FLOWER PARK NEIGHBORHOOD IMPROVEMENTS AND KING STREET RECONSTRUCTION FROM WASHINGTON AVENUE TO 17TH STREET - Removed for separate action. (See Minutes page 273.) 23.D. STREET LIGHTING AND TRAFFIC SIGNAL IMPROVEMENTS - AREA BOUNDED BY FIRST, WASHINGTON, ROSS AND SPURGEON - To Cameron Webster Construction in the estimated amount of $545,193.00 with total estimated construction cost of $644,700.00 - Public Works Agency PROJ 7325/7332 CITY COUNCIL MINUTES 270 OCTOBER 17, 1994 CONSENT CALENDAR AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. 25.A. ENGINEERING SERVICES FOR THE GARTHE RESERVOIR EXPANSION - Amendment to agreement with ASL Consulting Services increasing the not-to- exceed amount from $375,679.00 to $430,179.00 - Public Works Agency AGMT 94-133 25.B. WIDENING 17TH STREET OVERCROSSING AT SR-55 - Amendment to Cooperative Agreement C-93-593 with Orange County Transportation Authority to clarify administrative procedures regarding monthly billings to the local agencies by OCTA and to modify the amount of funds to be expended by the local agencies for design engineering construction - Public Works Agency (Councilmember Mills abstained.) AGMT 94-134 25.C. DESIGN ENGINEERING SERVICES FOR CAPITAL IMPROVEMENT PROJECTS - Public Works Agency With Penco Engineering, Inc. in an amount not to exceed $100,000.00 with an option to extend the agreement up to $200,000.00 AGMT 94-135 With Harris and Associates in an amount not to exceed $100,000.00 with an option to extend the agreement up to $200,000.00 AGMT 94-136 With Norris-Repke, Inc. in an amount not to exceed $100,000.00 with an option to extend the agreement up to $200,000.00 AGMT 94-137 25.D. WORKERS' COMPENSATION LEGAL SERVICES - With the following five firms in the total estimated annual amount of $210,000.00 for all services rendered - Personnel Services With Wall, McCormick & Baroldi Newport & Wogee Gillette, Loof, Langton & Hagner Grancell, Lebovitz, Stander, Marx & Barnes Graves, Roberson & Bourassa AGMT 94-138 AGMT 94-139 AGMT 94-140 AGMT 94-141 AGMT 94-142 CITY COUNCIL MINUTES 271 OCTOBER 17, 1994 CONSENT CALENDAR 25.E. TRAINING SERVICES FOR MANAGEMENT AND LEADERSHIP PROGRAM - Personnel Services With The Natural Management Institute in the amount of $10,500.00 AGMT 94-143 With Liebert, Cassidy & Frierson in the amount of $10,500.00 AGMT 94-144 With Edward C. Capriellian, Ph.D. in the amount of $11,200.00 AGMT 94-145 With Tri-Source Training Resources in the amount of $8,400.00 AGMT 94-146 25.F. 25.G. APPRAISAL - MCFADDEN AVENUE/MAIN STREET REALIGNMENT - With Michael J. Francis & Associates, Inc. to prepare reports for 24 parcels in the amount of $14,900.00 - Community Development Agency AGMT 94-147 INMATE TRANSFER TUNNEL - Removed for separate action. (See Minutes page 273.) LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS Motion: 31.A. 31.B. 31.C. Removed for separate action. (See Minutes page 274.) CUP 94-013 - 10 Hutton Centre Drive CUP 94-016 - 3503 S. Harbor Blvd. CUP 94-010 AND VA 94-007 * * * END OF CONSENT CALENDAR * * * CITY COUNCIL MINUTES 272 OCTOBER 17, 1994 BUSINESS CALENDAR PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.C. ARTESIA PILAR AND FLOWER PARK NEIGHBORHOOD IMPROVEMENTS AND KING STREET RECONSTRUCTION FROM WASHINGTON AVENUE TO 17TH STREET In response to Councilmember Moreno's query, Public Works Agency Executive Director Jim Ross explained staff had recommended the bid award for the following project not be awarded to Lambaren, the lowest bidder, due to Lambaren's failure to comply with the Labor Code. Motion: Award as recommended in Requests for Council Action. To Damon Construction Co. in the estimated amount of $475,272.70 with total estimated construction cost of $558,900.00 - Public Works Agency PROJ 7315/7765 MOTION: Lutz SECOND: Richardson VOTE: AYES: NOES: Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None ABSENT: None Councilmember Moreno requested he be updated concerning Lambaren's performance on a current project for the City. AGREEMENTS 25.G. INMATE TRANSFER TUNNEL Councilmember Moreno expressed concern that Orange County might utilize Santa Ana's jail in lieu of building additional County jail facilities. Mayor Young requested the City Manager convey Santa Ana's concerns to the County. Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. Memorandum of Understanding with the County of Orange concerning the design, construction, implementation, and operation of the transfer tunnel between the Santa Ana Police Administration and Holding Facility and the Orange County Sheriff's Intake Reception Center - Police Department AGMT 94-148 CITY COUNCIL MINUTES 273 OCTOBER 17, 1994 BUSINESS CALENDAR MOTION: McGuigan VOTE: AYES: NOES: ABSENT: None SECOND: Moreno Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None CONDITIONAL USE PERMITS/VARIANCES/PARKING WAIVERS In response to Mayor Young's query, Planning and Building Agency Executive Director Robyn Uptegraff named the restaurants scheduled for occupancy in the following items approved by the Planning Commission. Motion: Receive and file the staff report approving CUP's 94-013, 94-016 and 94-010 and VA 94-007. 31.A. CUP 94-013 - 10 Hutton Centre Drive - Filed by Tobishima Development Co. to allow the construction of a hotel use and freestanding restaurant - Planning and Building Agency Planning Commission Action: Approval FILE CUP 31.B. CUP 94-016 - 3503 S. Harbor Blvd. - Filed by G. F. Concerts Incorporated to allow a concert and dinner theater with a type 47 alcoholic beverage control license - Planning and Building Agency Planning Commission Action: Approval FILE CUP 31.C. CUP 94-010 AND VA 94-007 - 101 E. Sandpointe Ave. - Amended conditions of approval to request filed by the National Sports Grill to operate a restaurant and billiards hall - Planning and Building Agency Planning Commission Action: Approval MOTION: Young SECOND: Pulido VOTE: AYES: NOES: Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None ABSENT: None FILE CUP & VA CITY COUNCIL MINUTES 274 OCTOBER 17, 1994 BUSINESS CALENDAR RESOLUTIONS 55.A. ESTABLISHMENT HENINGER/WILSHIRE PERMIT PARKING DISTRICT Motion: Adopt resolution. RESOLUTION 94-065 - A resolution of the City Council of the City of Santa Ana establishing the Heninger/Wilshire Permit Parking District - Public Works Agency MOTION: Richardson VOTE: AYES: NOES: ABSENT: None SECOND: Lutz Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None FILE BK REPORTS 65.A. SANTIAGO STREET SPEED HUMP PLAN Mel Vernon and Annette Pfister encouraged approval of speed humps on Santiago but questioned why staff had only r~ommended their installation between 17th Street and Santa Clara Avenue. Following discussion, the Council agreed to extend the installation to Santiago Park. Motion: Approve. Installation of speed humps on Santiago Street between 17th Street and Santiago Park on a six-month trial basis - Public Works Agency MOTION: Lutz VOTE: AYES: NOES: ABSENT: None SECOND: Pulido Lutz, Mills, McGuigan, Moreno, Pulido, Richardson, Young None FILE BK CITY COUNCIL MINUTES 275 OCTOBER 17, 1994 BUSINESS CALENDAR COUNCIL ITEMS 85. A. PROPOSITION 187 (MORENO) The following persons spoke in favor of the passage of Proposition 187, a ballot initiative to make illegal aliens ineligible for public services: John Raya Lupe Moreno George Estrada The following persons spoke in opposition to the passage of Proposition 187: Art Montez Mitchell Valbuena Nina Alexander Yolanda Miranda Debra Russell Martha Munoz Carolyn Henry J.R. Estrella Nativo Lopez Amin David Joseph Wagstaff Motion: Oppose Proposition 187. MOTION: Moreno SECOND: Motion died for lack of second. FILE BK RECESS - 8:17 P.M. - 8:35 P.M. RECESSED TO COMMUNITY REDEVELOPMENT AGENCY - 8:35 P.M. RECONVENED - COUNCIL CHAMBERS - 8:50 P.M. - All Councilmembers present CITY COUNCIL MINUTES 276 OCTOBER 17, 1994 COMMENTS 90.A. PUBLIC COMMENTS John Dieball, representing Jadtec Computer Group protested the City procedures used to issue RFP 94-045 for computer systems maintenance and support. City Manager Ream recommended Dieball's concerns be addressed at the upcoming pre-bid conference. Mayor Young requested the Council be kept informed concerning the bid process. Neil Riekse, Tool & Die Supply Company, reported Code Enforcement staff had cautioned him not to place a portable directional sign in the public right-of-way. The City Manager indicated he would investigate the complaint. In response to Tina Oda's question concerning whether Councilmembers voted based on personal opinion or constituent directive, the Mayor responded that Councilmembers considered all information and voted based on their best individual judgments. Florence Leach expressed concern that the City had incurred bonded indebtedness without a 2/3 vote of the people required by the City Charter. Ed Danoff urged the Council to allow liberal use of the Historic Code, rather than requiring more costly variances, to encourage businesses to undertake property improvements. Miles Leach encouraged citizens to exercise their constitutional right to vote in the upcoming election to avoid loss of personal freedoms. Noting the onset of inclement weather, Tim Carpenter urged the Council to suspend enforcement of the City's anti-camping ordinance pending a Supreme Court decision on the matter. Margaret Farris encouraged Mayor Young to again run for election as Mayor. 90.B. CITY COUNCIL COMMENTS Councilmember Moreno requested staff provide him the schedule for installation of sidewalks on Fairview Street between Trask and Garden Grove Boulevard. Mayor Pro Tem Pulido announced the City was preparing a City Council commendation for Don Cribb, founder of the Santa Ana Arts Council, in addition to the recognition the Neighborhood Associations had bestowed on Cribb at the last Council meeting. Pulido noted the Sandpointe and West Floral Park neighborhoods had scheduled fairs for October 29 and opined such activities helped build community spirit. CITY COUNCIL MINLrrES 277 OCTOBER 17, 1994 Councilmember Richardson requested the Police Department and Planning and Building Agency to investigate a public nuisance complaint concerning a restaurant on N. Grand adjacent to the 1-5 Freeway. Richardson commended the Police Department for the 23 % reduction in major crimes over a three-year period. Councilmember Lutz reported a neighborhood clean-up was scheduled between 8:00 a.m. and 12:00 noon on October 22 in the Flower Street Park area and encouraged the listening audience to participate. Councilmember McGuigan announced the "Kidseum" official opening was scheduled for December 18 and noted the facility provided an outstanding arts and cultural opportunity for youngsters. Mayor Young commented that the evening's Agenda contained numerous items demonstrating "real leadership" by the City. Young expressed his thanks to staff for all their help during his term and advised the Council that "the real work begins when the TV camera lights go out!" ADJOURNMENT - 9:55 P.M. Clerk of the Council CITY COUNCIL MINUTES 278 OCTOBER 17, 1994