HomeMy WebLinkAbout01-05-1998MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JANUARY 5, 1998
CALL TO ORDER
ATTENDANCE
CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:06 P.M.
COUNCILMEMBERS present:
MIGUEL A. PULIDO, Mayor
TONY ESPINOZA (6:38 p.m.)
BRETT FRANKLIN
TOM LUTZ
PATRICIA A. McGUIGAN
TED R MORENO
Absent:
ROBERT L. RICHARDSON, Mayor Pro Tern
STAFF present:
DAVID N. REAM, City Manager
JOSEPH W. FLETCHER, City Attorney
JANICE C. GUY, Clerk of the Council
PLEDGE OF ALLEGIANCE
Cub Scout Troop #26
John Muir Elementary School
Troop Leader Jan Van Immelen
INVOCATION
Chaplain Robert Barnett
Police Department
EMPLOYEE AWARDS
MAYOR PULIDO
20 Years of Service
Eddie L. Bentley
Fleet Equipment Supervisor
Finance and Management Services
George J. Saadeh
Police Lieutenant
Police Department
CITY COUNCIL MINUTES
JANUARY 5, 1998
35 Years of Service
Raoul M. Garcia
Construction Inspector
Public Works Agency
PRESENTATIONS
City Seal Tile presented by MAYOR PULIDO to Congresswoman Loretta Sanchez, 46t~
Congressional District
City Seal Tile presented by MAYOR PULIDO to Supervisor Todd Spitzer, Orange
County Board of Supervisors, 3rd District
City Seal Tile presented by MAYOR PULIDO to Dr. Edward Hernandez recognizing his
service on the Private Industry Council from 1992-1997
Proclamation commending his outstanding efforts in preventing youth violence presented
by MAYOR PULIDO and The Cambodian Family Executive Director Rifka Hirsh to
Youth Coordinator Chea Sok Lim
Certificate recognizing Templo Sinai Assembly of God located at 2030 S. Flower Street
for providing outstanding services to the Hispanic community through its various
ministries presented by MAYOR PULIDO to the Reverend Daniel Tamara and the
Reverend Audel Chacon
Certificates of Recognition presented by MAYOR PULIDO, Executive Director of
Planning and Building Robyn Uptegraff, and Rental Housing Task Force Chair Tim Rush
to Gold Seal Incentive Program participants
Certificates of Recognition for outstanding conduct while on duty presented by
COUNCILMEMBER MCGUIGAN and Police Chief Paul Walters to the following Santa
Ana Police Officers:
Corporal John Tucker for coordinating the collection of donations from
fellow Police officers to replace a bicycle stolen from 5-year-old Stephanie
Canal on Christmas Day
Officer Rufus Tanksley for saving 3-year-old Jos6 Juan Cruz from possible
death by choking on Christmas Day
CITY/SCHOOL PARTNERSHIP PROGRAM
Student Presentation Andrew Albers
Century High School
CITY COUNCIL MINUTES 2 JANUARY 5, 1998
Certificate recognizing his outstanding ambassadorship on behalf of Century High School
presented by MAYOR PULIDO to Student Councilmember Andrew Albers
CONSENT CALENDAR
The Mayor announced the following modifications to the Consent Calendar:
-Abstention on Item 22.E. by Mayor Pulido (See Minutes page 9);
-Removal of Items 22.D., 23.B. and 25A. for separate action; and
-Addition of an excused absence for Mayor Pro Tem Richardson (Item 19.A).
Consent
Motion:
Approve staff recommendations on the following Consent Calendar Items.
MOTION: Lutz
SECOND: McGuigan
VOTE:
AYES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido
NOES: None
ABSENT: Richardson
Items removed for separate aclkm are highlighted and show the actnal vote. Items withoul voles
were passed as part ol'ff~u ctw..scnt molion.
MINUTES
Motion:
10.A.
ADMINISTRATIVE MATTERS
Approve Minutes.
REGULAR MEETING OF DECEMBER 15, 1997
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, ifa Councilmember was
absent from the previous meeting, but is present for this meeting and does not declare otherwise, his/her
vote is recorded as affirmative. Absences from the current meeting are recorded as such.
ll.A.
REQUIREMENTS FOR TRANSPORTATION SYSTEM IMPROVEMENT FEE,
STREET DEDICATIONS AND IMPROVEMENTS (Continued by Council on
October 6, 1997 by a 7/0 vote)
Motion: Continue indefinitely at the request of staff
CITY COUNCIL MINUTES
3 JANUARY 5, 1998
CONSENTCALENDAR
ORDINANCE NS-2330 - An ordinance of the City of Santa Ana Municipal Code
amending Sections 8-44 and 33-47 of the Santa Ana Municipal Code pertaining to
the payment of the Transportation System Improvement fee and to the requirements
for street dedications and improvements by developers of private property - Public
Works Agency FILE CA
BOARDS/COMMISSIONS/COMMITTEES
13.A.
VACANCY REPORT AS OF DECEMBER 31, 1997
Motion: Instruct Clerk to enter report into the Mimttes.
Community Redevelopment/Housing Commission
Human Relations Commission
Library Board
Personnel Board
Private Industry Council
TOTAL
2
2
3
1
9
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A. The December 15, 1997 City Council Agenda was posted on the door of the
Council Chambers, 22 Civic Center Plaza, at 8:30 a.m. on December 11,1997.
15.B. The Revised December 15, 1997 City Council Agenda was posted on the door of
the Council Chambers, 22 Civic Center Plaza, at 4:00 p.m. on December 12,1997.
MISCELLANEOUS - ADMINISTRATION
19.A. OFF-AGENDA ITEM - EXCUSED ABSENCE
Motion: Approve.
Excused absence of Mayor Pro Tern Richardson from the January 5, 1998 Council
meeting
CITY COUNCIL MINUTES 4 JANUARY 5, 1998
CONSENT CALENDAR
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT 98-106 - "WEED AND SEED" PROGRAM
Motion: Approve appropriation adjustment. (Requires five affirmative votes.)
Recognizing $50,000.00 in asset forfeiture monies from the United States
Department of Justice and appropriating same for the "Weed and Seed" program -
Finance and Management Services FiLE CA
GRANTS
21.A.
Motion:
21.B.
Motion:
ENVIRONMENTAL ENHANCEMENT - CENTENNIAL PARK
Adopt resolution.
RESOLUTION 98-001 - A resolution of the City Council of the City of Santa Aha
approving the application for grant funds for the Environmental Enhancement and
Mitigation Program under Section 164.56 of the Streets and Highways Code for the
following project: Centennial Regional Park Mitigation - Public Works Agency
FILE CA
FEDERAL & STATE FINANCIAL ASSISTANCE - DECEMBER 1997 STORMS
Adopt resolution.
RESOLUTION 98-002 - A resolution of the City Council of the City of Santa Ana
designating the agents of the City of Santa Ana authorized to execute an application
to the Office of Emergency Services for Federal and/or State financial assistance -
Finance and Management Services FILE CA
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Requests for Council Action.
22.A.
MOTORCYCLE REPAIRS AND SPARE PARTS - To V.I.P. Motorcycles for a
one-year renewal in the estimated amount of $75,000.00 - Finance and Management
Services SPEC 95-067
22.B.
PVC PIPE SADDLES - To Wells Supply Company for a 12-month renewal in the
estimated annual amount of $13,024.00 - Finance and Management Services
SPEC 96-057
CITY COUNCIL MINUTES 5 JANUARY 5, 1998
CONSENT CALENDAR
22.C.
TRANSPORTATION SERVICES - SENIOR CENTERS - To Western Transit
Systems, Inc. for a one-year renewal in the estimated annual amount of $33,400.00 -
Finance and Management Services SPEC 96-079
Councilmember Moreno expressed concern regarding the significant increase to the contract with
Office Depot and suggested the item be continued to permit stafftime to provide the Council with
contract details.
Motion: Continue bid award to danuary 20, 1998.
MOTION: Moreno SECOND: Espinoza
City Manager David Ream explained the bid award was within the $1.8 million budgeted annually
for office supplies and that the City realized a significant cost savings in purchasing from this
vendor.
With the second's consent, Councilmember Moreno withdrew his motion.
Motion: Award bM in accordance with Request for Council Action.
OFFICE SUPPLIES - To Office Depot to increase contract by the annual amount of
$255,000.00 to meet additional departmental requirements - Finance and
Management Services SPEC 97-007
MOTION: Moreno
SECOND: McGuigan
VOTE:
AYES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido
NOES: None
ABSENT: Richardson
22.E.
VEHICLE BODY REPAIR - FLEET MAINTENANCE - To the following for a
12-month period with provision for two 12-month renewals in the estimated annual
amounts indicated o Finance and Management Services (Mayor Pulido abstained.)
SPEC 97-102
Doffo Automotive, Inc
K.C. Auto Body & Paint
Kellys Auto Body
$35,000.00
35,000.00
35,000.00
22.F.
CARPET AND TILE - REGIONAL TRANSPORTATION CENTER - To Metro
Floor Covering in the amount of $13,098.00 - Finance and Management Services
SPEC 97-116
CITY COUNCIL MINUTES
6 JANUARY 5, 1998
CONSENT CALENDAR
22.G.
MISCELLANEOUS CONSTRUCTION MATERIALS - VARIOUS
DEPARTMENTS - To Home Depot for a three-year period in the estimated annual
amount of $35,000.00 - Finance and Management Services SPEC 97-129
PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT,
CONSTRUCTION, OR CHANGE ORDERS FOR PUBLIC FACILITIES
Motion: Award in accordance with Requests for Council Action.
23.A.
WASHINGTON AVENUE WATER MAiN IMPROVEMENTS - To R & L
Sewers, Inc. in the estimated amount of $181,140.00 with total estimated
construction cost of $232,000.00 - Public Works Agency PROJ 3166
IN'FERIOR Rli-COA'I'ING - EAST RESERVOIR
ENGINEERING SI!RVICES - [N'I'F. RIC)R RE-COATING EASI' II. ESI-:RVOIR
(])ROJ 3169)
Councilmember Moreno expressed concern that the project contingency (approximately $54,000)
and the proposed increase in the engineering services contract for the Reservoir Re-Coating were
excessive. City Manager Ream and Public Works Agency Executive Director Jim Ross indicated
financial flexibility was necessary to avoid project delays, noted most projects were completed
under budget, and clarified the City's procedures concerning change orders.
Motion: 1. Award in accordance with Requests for Council Action.
INTERIOR RE-COATING - EAST RESERVOIR - To Robison-Prezioso, Inc. in
the estimated amount of $297,600.00 in accordance with Bid Alternate No. 1 with
total estimated construction cost of $352,000.00 - Public Works Agency
PROJ 3169
Direct the City Attorney to prepare and the Mayor and Clerk of the Council
to execute agreement.
ENGINEERING SERVICES - INTERIOR RE-COATING - EAST RESERVOIR
Amendment to agreement with Harper & Associates to increase the not-to-exceed
amount from $10,000.00 to $50,000.00 - Public Works Agency
AGMT 98-001
MOTION: McGuigan
SECOND: Lutz
VOTE:
AYES: Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido
NOES: Moreno
ABSENT: Richardson
CITY COUNCIL MINUTES
7 JANUARY 5, 1998
CONSENT CALENDAR
Mayor Pulido requested staffprovide the Council with a report showing budget versus actual
cost for the past fiscal year's public improvement projects.
AGREEMENTS
Motion:
Direct the Ci(y Attorney to prepare and the Mayor and Clerk of the Council to
execute agreements.
25.B.
CABLING SERVICES AGREEMENTS - With the following for a one-year period
with provision for two one-year renewals in an amount not to exceed $200,000.00
annually - Finance and Management Services
Future Design Communications
Syzygy Network Solutions
United Contractors Incorporated
Vector Resources Incorporated
AGMT 98-OO2
AGMT 98-0O3
AGMT 98-004
AGMT 98-005
25.C.
DEVELOPMENT AND IMPLEMENTATION OF STRATEGIC ENERGY PLAN
- With XENERGY in an amount not to exceed $49,430.00 - Public Works Agency
AGMT 98-006
MISCELLANEOUS - BUDGET
29.A. TENANT IMPROVEMENTS - REGIONAL TRANSPORTATION CENTER
Motion: 1. Amend contract.
With Pacific Building Interiors, Inc. to include the amount of $3,165.00 for third
floor tenant improvements (demolition) - Community Development Agency
AGMT 98-007
2. Award contract.
To Shaw Contract Flooring in the amount of $15,097.00 for new carpet on the third
floor - Community Development Agency FILE CA
CITY COUNCIL MINUTES
8 JANUARY 5, 1998
CONSENT CALENDAR
LAND USE MATTERS
DEEDS - TRANSFER OF PROPERTY
Motion: Approve deed and authorize execution by Mayor and Clerk of the Council of all
necessary documents.
30.A. DIAZ, John and Christina- 1910 S. Bristol Street -For widening Bristol Street
from Memory Lane to south of Warner Avenue in the amount of $210,000.00 -
Public Works Agency DEED
FINAL PARCEL / TRACT MAPS
Motion:
33.A.
Approve final parcel map and accept the dedications thereon.
PARCEL MAP 96-116 - 3130 S. Harbor Blvd. - Divides a partially improved
commercial property into two parcels - Public Works Agency
FILE CA
* * ~ END OF CONSENT CALENDAR * * *
Mayor Pulido indicated he had inadvertently failed to report a conflict o£interest on Item 22.E
and requested the record be amended to reflect his abstention on that item (See Minutes page 6).
BUSINESS CALENDAR
ORDINANCES FIRST READING
50A. ZOA 97-I 1 - AMEND USES - TEMPORARY NEW CAR SALE FACILITIES -
SPECIFIC DEVELOPMENT 60
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2342 - An ordinance of the City of Santa Ana amending Specific
Development Plan No. 60 to allow temporary office structures for auto sales and
auto parts sales and storage ancillary to new car dealerships - Planning and Building
Agency
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: Richardson
CITY COUNCIL MINUTES
SECOND: Lutz
Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido
None
9 JANUARY 5, 1998
BUSINESS CALENDAR
RESOLUTIONS
55.A.
MODIFICATIONS TO WILLARD NEIGHBORHOOD PARKING PERMIT
REGULATIONS
Ron Cooke expressed support for the proposed amendment to the Willard Neighborhood parking
regulations.
Motion:
Adopt resolution.
RESOLUTION 98-003 - A resolution of the City Council of the City of Santa Ana
amending Resolution No. 91-043, to make certain modifications in the regulations
pertaining to the Willard Permit Parking District - Public Works Agency
MOTION: Lutz
VOTE: AYES:
NOES:
AB SENT:
SECOND: Moreno
Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido
None
Richardson F1LE CA
55.B.
Motion:
CAL-ID FINGERPRINTING PROGRAM
Table indefinitely.
RESOLUTION 98-004 - A resolution of the City Council of the City of Santa Ana
supporting the imposition of a $1.00 fee by County of Orange on vehicle
registrations and renewals to fund improvements to the California Identification
(CAL-1D) Remote Access Network - Police Department
MOTION: McGuigan
SECOND: Lutz
VOTE:
AYES: Franklin, Lutz, McGuigan, Moreno, Pulido
NOES: None
ABSENT: Richardson
ABSTAIN: Espinoza
FiLE CA
CITY COUNCIL MINUTES 10 JANUARY 5, 1998
PUBLIC HEARINGS
75.A.
1998 ANNUAL ASSESSMENT- DOWNTOWN SANTA ANA IMPROVEMENT
AREA
Public hearing for the purpose of levying an assessment to provide for the promotion and physical
improvement of the Downtown Santa Ana Business Improvement Area
Legal Notice published in the O.C. Reporter on December 26, 1997
The Mayor reported a conflict of interest due to his membership in the Downtown Santa Ana
Business Association and left the dais.
In the Mayor's and Mayor Pro Tem's absence, Councilmember McGuigan assumed the chair.
Councilmember McGuigan opened the public hearing regarding the 1998 Annual Assessment for
the Santa Ana Business Improvement Area at 7:30 p.m.
Presentation of staff report and comments by Downtown Development Manager Charles View
Presentation of the following written communications by Clerk of the Council Janice C. Guy:
Letter from Manuel J. Pefia dated 12/22/97
Letter from Raymond Rangel dated 12/30/97
Letter from Teresa Saldivar dated 1/5/98
Letter from Lydia Cano dated 12/30/97
The following persons spoke in support of the 1998 Annual Assessment:
Adolfo Lopez
Manuel Pefia (withdrew his letter dated 12/22/97 requesting a continuance of the
hearing)
Councilmember McGuigan closed the public hearing at 7:38 p.m.
Motion: 1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2343 - An ordinance of the City of Santa Ana levying an
assessment for the Downtown Santa Ana Business Improvement Area for the year
1998 - Community Development Agency
2. Authorize.
Executive Director of Finance and Management Services to allocate budgeted
Business Improvement District funds as needed
MOTION: Lutz
SECOND: Franklin
CITY COUNCIL MINUTES 11 JANUARY 5, 1998
PUBLIC HEARINGS
Substitute
Motion:
1. ?lace ordinance on first reading and authorize publication of title.
ORDINANCE NS-2343 - An ordinance of the City of Santa Ana levying an
assessment for the Downtown Santa Ana Business Improvement Area for the year
1998 - Community Development Agency
2. Authorize.
Executive Director of Finance and Management Services to allocate budgeted
Business Improvement District funds as needed
Amend budget to allocate 20% of Business Improvement District funds (after
deducting general services costs) to promotional activities for non-4th Street
businesses within the Business Improvement Area.
MOTION: Moreno
VOTE:
SECOND: Espinoza
AYES: Espinoza, Moreno
NOES: Franklin, Lutz, McGuigan
ABSENT: Richardson
ABSTAIN:
The motion failed.
Pulido
VOTE ON ORIGINAL MOTION (Requires four affirmative votes):
VOTE: AYES: Franklin, Lutz, McGuigan
NOES: Espinoza, Moreno
ABSENT: Richardson
ABSTAIN: Pulido
The motion failed.
Chair McGuigan ordered the item continued to January 20, 1998.
CITY COUNCIL MINUTES 12 JANUARY 5, 1998
PUBLIC HEARINGS
75.B.
SALE OF CITY REAL PROPERTY - 817 E. FIRST STREET - JOSE HURTADO
AND RIGOBERTO BANUELOS
Public hearing to grant an exception to the City's regulations regarding the sale of surplus
property in accordance with Section 2-709 of the Santa Ana Municipal Code to allow the sale of
real property at 817 E. First Street to Jose Hurtado and Rigoberto Banuelos
Legal Notice published in The Orange County Register on December 26, 1997
Councilmember McGuigan opened the public hearing regarding the sale of real property located
at 817 E. First Street at 7:58 p.m.
Mayor Pulido rejoined the meeting.
Presentation of staff report and staff comments by Public Works Agency Executive Director Jim
Ross
Presentation of written communications by Clerk of the Council Janice C. Guy: None
There were no speakers on the matter.
Mayor Pulido closed the public hearing at 8:00 p.m.
Approve deed and authorize execution by Mayor and Clerk of the Council of all
necessary documents.
HURTADO, Jose and BANUELOS, Rigoberto - 817 E. First Street for the
construction of an auto repair facility in the amount of $50,000.00 - Public Works
Agency DEED
MOTION: McGuigan
SECOND: Franklin
VOTE:
AYES: Espinoza, Franklin, Lutz, McGuigan, Pulido
NOES: None
ABSENT: Moreno, Richardson
RECESSED TO COMMUNITY REDEVELOPMENT AGENCY FOLLOWED
IMMEDIATELY BY THE HOUSING AUTHORITY - 8:00 P.M. - 8:01 P.M.
90.A. PUBLIC COMMENTS
There were no comments from members of the public.
CITY COUNCIL MINUTES 13 JANUARY 5, 1998
90.B. CITY COUNCIL COMMENTS
Councilmembers McGuigan and Lutz expressed hope for Councilmember Richardson's speedy
recovery.
Councilmember Lutz commended the Santa Ana Chamber of Commerce on its attainment of the
American Chamber of Commerce Executives award for its "City Line" publication.
In response to Councilmember Lutz' inquiry, Police Chief Paul Walters reported discharges of
illegal firearms had declined from the previous year's Holiday period and described Police
Department procedures regarding follow-up on firearms discharge complaints.
Councilmember Franklin:
- thanked Supervisor Todd Spitzer for his pledge to oppose expansion of the
Orange County jail located in Santa Ana;
reminded residents trash cans should not be placed at the curb before 4:00 p.m.
on the day prior to their collection and should be retrieved as soon as possible
after trash pickup;
- reported the Santa Ana Kiwanis Club had received a $25,000 bequest that would
provide scholarships for Santa Ana students;
- thanked Tim Rush for donating a number of prints of Santa Ana's Historical
Downtown for the City's use;
- commended the Police and Fire Departments for superior performance during the
Holiday Season;
- requested the Santa Ana Wrestling Team be recognized for their outstanding
performance at the El Modena wrestling tournament; and
noted the Discovery Science Center, the Ronald Reagan Courthouse, and the
California State University, Fullerton project in Downtown Santa Ana were well
underway, and thanked staff and Mayor Pulido for their efforts regarding these
projects.
Councilmember Moreno:
- noted he was a former member of the Santa Ana High School wrestling team and
requested to be involved in the team's recognition;
- requested that Code Enforcement be increased against illegal A-frame signs;
- requested the Public Works Agency review the site designated by the City for the
water line hook-up at a furniture store located at 4th and French Streets; and
CITY COUNCIL MlNUTES 14 JANUARY 5, 1998
Motion:
95.B.
- wished everyone a Happy New Year, declared his willingness to serve Santa Ana
residents again this year, and encouraged constituents to call him at 836-0334.
Mayor Pulido recapped the City's successes in 1997 citing such projects as the 4t~ Street utility
undergrounding, 17th Street median and street improvements, and the Grand Central Building Arts
project.
CLOSED SESSION - ROOM 147 - 8:14 P.M.-8:23 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 January 5, 1998 Council meeting.
95.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant
to Government Code Section 54956.9(a)
Chambers v. Olivares (COSA)
OCSC # 77-47-61
95.B. LIABILITY CLAIMS pursuant to Government Code Section 54956.95
Jaime Fiorillo
Case No. 97-166
Mercury Insurance Group (Jaime Fiorillo)
Case No. 97-171
CLOSED SESSION REPORT - COUNCIL CHAMBERS - 8:23 P.M.
Approve settlement.
Jaime Fiorillo, Case No. 97-166; and
Mercury Insurance Group (Jaime Fiorillo)
Case No. 97-171, in the total amount of $6,533.27
MOTION: McGuigan
VOTE: AYES:
NOES:
ABSENT: Richardson
ADJOURNMENT - 8:24 P.M.
Janice C. Guy
Clerk of the Council
SECOND: Lutz
Espinoza, Franklin, Lutz, McGuigan, Moreno, Pulido
None
CITY COUNC'~L M~JqUTES 15 JANUARY 5, 1998