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Home My WebLink About2003-08-04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 4, 2003 CALL TO ORDER CITY COUNCIL CHAMBERS 22 CiViC CENTER PLAZA SANTAANA, CALIFORNIA 6:35 P.M. COUNCILMEMBERS present: MIGUEL PULIDO, Mayor BRETT E. FRANKLIN, Mayor Pro Tem CLAUDIA ALVAREZ LISA BIST ALBERTA CHRISTY MIKE GARClA JOSE SOLORIO STAFF Present: DEBRA KURITA, Assistant City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Roger Aragon, Police Chaplain EMPLOYEE SERVICES AWARDS MAYOR PULIDO 20 Years of Service Scott Ayou, General Maintenance Worker 20 Years of Service Fred Gonzales, Police Services Dispatcher PRESENTATIONS Certificate of Recognition presented by MAYOR MIGUEL PULIDO to Tania Martinez In honor of being selected as a Congressional Page for Loretta Sanchez in the U.S. Congress in Washington D.C. CITY COUNCIL MINUTES 256 AUGUST 4, 2003 PRESENTATIONS Proclamation presented by MAYOR MIGUEL PULIDO to Fire Chief Marc Martin on the occasion of retirement from the City of Santa Ana Proclamation presented by COUNCILMEMBER CHRISTY to Jay White, recipient of the "Award of Excellence for outstanding Community Service" from Albertson's Stores Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Community Action Partnership for providing Iow-income families with access and education for technology: Community Action Partnership of Oran.qe County Erik Faraldo and Pam Hope A & M Metals Steven Carr In.qram Micro Tamara Sharp CEI Colleqe Mustapha Belayachi Certificate of Recognition presented by COUNCILMEMBER GARCIA to volunteers who installed concrete benches at Centennial Skate Park Robert Bunyan and Associates Robert Bunyan La Casa Garcia Francisco Garcia Recreation and Parks Board Members Maggie Brown James Kendrick Max Madrid Largo Concrete Construction Ken Long* Mark Bartulis Donn Deluca Raul Canales Max Anderson* Dale Kalwitz Isaac Hernandez Volunteers Pat McGuigan Ryan Bartulis Adam Smith* Cody Morgan Orlando Baez*, Emmanuel Lara* Guillerro Baez* Sergio Copete* Thomas Narangela * Not present OATHS OF OFFICE Administered by Clerk of the Council to the following: Name Rose Noyola Board/Commission Youth Commission (Regular Member) Ward Rep. Ward 4 CITY COUNCIL MINUTES 257 AUGUST 4, 2003 CONSENTCALENDAR COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:25 RM. FOLLOWEDIMMEDIATELYBY THE HOUSING AUTHORITY MEETING AT 7:26 RM. AND RECONVENED AT 7:27 WITH THE SAME MEMBERS PRESENT CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: · Addition of Closed Session Report, Item 19.A. · Councilmember Garcia abstained on Items 10.A., 10.B. and 25.A Motion: MINUTES Motion: 10.A. 10.B. Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Franklin Alvarez, Bist, Christy, Franklin, Gamia, Pulido, $olorio (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS Approve minutes. (Items 10.A. and 10.B.) ADJOURNED REGULAR MEETING OF JULY 21,2003 (Councilmember Garcia abstained on this item) REGULAR MEETING OF JULY 21, 2003 (Councilmember Garcia abstained on this item) ORDINANCES- SECOND READING 11.A. ZONING ORDINANCE AMENDMENT NO. 2003-02 TO MODIFY VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE TO REGULATE OUTDOOR VENDING MACHINES Placed on first reading at the July 21, 2003 Council Meeting and approved by a 6-1 vote (Garcia absent) Legal Notice published in the Oran.qe County Re.qister on July 25, 2003 CITY COUNCIL MINUTES 258 AUGUST 4, 2003 CONSENTCALENDAR Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2635 - An Ordinance of the City Council of the City of Santa Ana amending chapter 41 of the Santa Ana Municipal Code to regulate outdoor vending machines and permit outdoor vending machines in the C1, C2, C4, C5, CR, SP-1 and SP-2 zones and subject to a land use certificate BOARDS/COMMISSIONSICOMMITTEES 13.A. VACANCY REPORT, JULY 30, 2003 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Vacancies Ward Cable Television Advisory Board Community Redevelopment / Housing Commission Youth Commission - Regular Youth Commission - Alternate TOTAL 1 5 1 Sr. Tenant 1 1 2 I and 4 5 Board/Commission Board of Parks & Recreation Library Youth Commission - Alternate TOTAL Expired Term Ward 2 2 and 6 1 2 2 2 and 6 5 CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.B.) Council Meetin.q A.qendas Meeting Date Posted Time 15.A. City Council Agenda 07/21/03 07/17/03 9:15 a.m. CITY COUNCIL MINUTES 259 AUGUST 4, 2003 15.B. CONSENT CALENDAR Adjourned Regular Meeting - Closed Session Agenda 07/21/03 0718/03 4:40 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree Date 16.A. Mater Dei High School Junior Monarch Program 7/24/03 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Motion: Approve settlement. Richard Perez vs. COSA, Case/wcab #'s ANA 0338913 & 0349792, $125,000 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Kim Gerda, Victoria Zaragoza, Wade Little and Ken Garwood expressed their opposition to barriers in French Park Motion: 1. Adopt the following policy statement: "It is and has been the intent of the City Council that neighborhood traffic plans that are proposed in residential areas of the City to mitigate "cut-through" traffic be developed and implemented only where there is demonstrated community consensus in favor of such plans. However, the final discretion to implement or not implement a plan shall be vested in the City Council, as may be delegated to the Environmental & Transportation Advisory Committee, and shall take into consideration all aspects of the plan including sound engineering principles, adverse environmental impacts and overall community input." CiTY COUNCIL MINUTES 260 AUGUST 4, 2003 19.B. CONSENT CALENDAR 2. Repeal the existing "Procedures for Neighborhood Traffic Plans" and direct staff to return to the City Council with recommended Amended Procedures consistent with the foregoing policy statement and the federal court order in the matter Andrade et al. v. Pulido etal. dated August 1, 2003; and 3. That the ballots received for the French Park Traffic Plan not be counted, and remain sealed in accordance with the foregoing order. Josephine Andrade; Wade Little v. Miguel A. Pulido, James G. Ross, et al. United States District Court Case No.: SACV03-1157 CJC (Anx) MOTION: Alvarez SECOND: Gamia VOTE: AYES: NOES: Alvarez, Bist, Chdsty, Franklin, Gamia, Pulido, Solorio (7) None (0) ABSTAIN: None (0) ABSENT: None (0) EXCUSED ABSENCES-None REPORTS 19.C. QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 2003 Motion: Receive and File. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING STATE DOMESTIC PREPAREDNESS PROGRAM REIMBURSEMENT FUNDING - POLICE DEPARTMENT Motion: Approve Appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 04-014 - Approve an Appropriation Adjustment to accept the State Office of Homeland Security, Emergency Preparedness Equipment Reimbursement Program Grant, in an amount of $68,831.00 into the Police Department's Emergency Preparedness Reimbursement account. CITY COUNCIL MINUTES 261 AUGUST 4, 2003 CONSENTCALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.E.) 22.A. SPEC. NO. 01-026 - POLICE MOTORCYCLES - POLICE DEPARTMENT - Amend the contract to A & S BMW Motorcycles for the purchase of five police equipment motorcycles in the amount of $99,992.70 - Finance & Management Services Agency 22.B. SPEC. NO. 01-089 - SWEEPING SERVICES - PARKS RECREATION & COMMUNITY SERVICES AGENCY - Renew the contract with TSCM Corporation for sweeping services for a one-year period in the annual amount of $19,368.00 - Finance & Management. Services Agency 22.C. SPEC. NO. 01-091 - SAFETY GLOVES - Renew the contract with Boss Manufacturing for safety gloves for a 12-month period in an annual amount not t o e xceed $ 20,634.00 - Finance a nd Management Services Agency 22.D. SPEC. NO. 03-055 - BADGES - POLICE DEPARTMENT - Award a contract to Sun Badge Company for the purchase of badges and badge maintenance for a one-year period with options for two one-year renewals, in an annual amount not to exceed $18,675.00 - Finance & Management. Services Agency 22.E. SPEC. NO. 03-057- FENCING UNDER THE MAIN STREET OVERPASS AT SANTIAGO CREEK - PARKS, RECREATION. & COMMUNITY. SERVICES AGENCY - Award a contract to California Fence Concepts to install fencing under the Main Street overpass at Santiago Creek, in the total amount of $10,900.00 - Finance & Management Services Agency PROJECTS - MAINTENANCE~ REHABILITATION~ IMPROVEMENT~ CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. Motion: PROJECT NO. 1733 - PURCHASE AGREEMENT FOR A PORTION OF EXXON/MOBIL OIL CORPORATION PROPERTY AT 100 W. MACARTHUR Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement AGMT 2003-168 - PURCHASE AGREEMENT FOR PORTION OF EXXON/MOBILE OIL CORPORATION PROPERTY AT 100 WEST CITY COUNCIL MINUTES 262 AUGUST 4, 2003 CONSENTCALENDAR MACARTHUR - Execute an agreement with Exxon/Mobile Oil Corporation for the purchase of a portion of 100 West MacArthur Boulevard in the amount of $65,000.00 - Public Works Agency 23.B. PROJECT NO. 2210 -ANNUAL WEED AND DEBRIS REMOVAL Motion: Approve a contract amendment with Naranjo Landscape for weed and debris removal at a cost not to exceed $165,000.00 AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.J.) 25.A. AGMT 2003-169 - PLANNING MANAGER SERVICES - Execute an amendment to t he agreement with R osenow S pevacek Group I nc i n a n amount not to exceed $50,000.00 - Planning & Building Agency (Councilmember G arcia declared a potential conflict o f interest o n this item due to his employment with Rosenow Spevacek Group Inc) 25.B. AGMT 2003-170 - RENTAL AGREEMENT FOR USE OF PROPERTY AT WALNUT AND SYCAMORE - Execute a month to month rental agreement with Caribou Industries Inc. at a monthly rate of $1,250.00 - Public Works Agency 25.C. AGMT 2003-171 - SEWER SYSTEM FATS, OILS AND GREASE STUDY - Execute an agreement with Environmental Engineering and Contracting, Inc. not to exceed $243,540.00 - Public Works Agency 25.D. AGMTS 2003-172, 2003-172A and 2003-172B - ON-CALL TRAFFIC ENGINEERING SERVICES - Execute two year agreements with RBF Consultants, IBI Group, and FPL & Associates in an amount not to exceed $175,000.00 per year for each firm - Public Works Agency 25.E. AGMT 2003-173 - ADVANCED TRAFFIC SIGNAL (PROJECT NOS. 1758, 5515, 5516 AND 5520)- Execute an agreement with PB Farradyne Inc. in an amount not to exceed $353,800.00 to implement the Adaptive Downtown Traffic Signal Project Phase I and II, and Traffic Signal System Intertie with Costa Mesa Project Phase I and II- Public Works Agency 25.F. AGMT 2 003-174 - CONSULTING SERVICES - Execute a contract with Silver Rose Enterprises, LLC for an amount not to exceed $26,000.00 - Community Development Agency CITY COUNCIL MINUTES 263 AUGUST 4, 2003 CONSENTCALENDAR 25.G. AGMT 2003-175, 2003-175A and 2003-175B - WATER AND SEWER EMERGENCIES - Execute a contract with Doty Bros. Construction Company, Paulus Engineering, inc. and Ken Thompson for on-call services i n a n a mount not to exceed $100,000.00 each - Public Works Agency 25.H. AGMT 2003-176 - PSYCHOLOGICAL SERVICES - Renew the agreement with Dr. Eric Gruver for psychological services in an amount not to exceed $40,000.00 - Police Department AGMT 2003-177 - INMATE MEDICAL SERVICES - Extend the agreement with Correctional Managed Care Medical Corporation for one year to provide onsite inmate medical care for the Santa Ana Jail in an amount not to exceed $904,245.00 and amend the existing agreement to include additional services including, Mobile X-Ray, OB/GYN, Emergency Psychiatric Crisis Intervention, dental care, and emergency medical billings - Police Department 25.J. AGMT 2003-178 - VETERINARY SERVICES - Execute an amendment to the agreement with Dr. Scott Weldy for providing veterinary services to the Santa Ana Zoo at Prentice Park, increasing the amount by $30,000.00 for a total contract amount not to exceed $50,000.00 - Parks, Recreation and Community Services Agency MISCELLANEOUS BUDGET 29.A. PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR RELOCATION OF STREET LIGHTS ON DYER ROAD BETVVEEN MAIN STREET AND GRAND AVENUE Motion: Authorize a payment to southern California Edison in the amount of $16,016.41 for the relocation of streetlights located on Dyer Road between Main Street and Grand Avenue *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR RESOLUTIONS 55.A. EXTENSION OF ENTITLEMENTS FOR CONDITIONAL USE PERMIT NO. 2001-20 AND VARIANCE NO. 2001-05 TO ALLOW THE CONSTRUCTION OF A SPRINGHILL SUITES HOTEL CITY COUNCIL MINUTES 264 AUGUST 4, 2003 Motion: MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: BUSINESS CALENDAR Approve and adopt an addendum and Mitigated Negative for Environmental Review No. 2000-177 Adopt resolution. RESOLUTION NO. 2003-067 - A Resolution of the City Council of the City of Santa Ana extending Conditional Use Permit No. 2001-20 and Variance No. 2001-05 to permit the use of a Springhill Suites Hotel at Hutton Centre Applicant: Marriott Suites SECOND: Alvarez Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) 75.A. PUBLIC HEARINGS AMENDMENT APPLICATION NO. 2003-06, CONDITIONAL USE PERMIT NO. 2003-15 AND CONDITIONAL USE PERMIT NO. 2003-16, 3601 SOUTH BRISTOL Filed by Krispy Kreme Doughnuts/Great Cimle Family Food to allow for a zone change from Commemial Residential (CR) to General Commercial (C2), Drive-through window service and after-hours operation at a new Krispy Kreme Doughnuts restaurant located at 3601 South Bristol Recommended Action approved by the Planning Commission on July 28, 2003 by a 5-0 vote (Nalle and Lutz absent) Legal Notice published in the Orange County Register on July 25, 2003 Presentation of staff report by Cindy Nelson, Deputy City Manager, Planning and Building Agency No written communication was received on this item Richard Escalante and Chris Townsend representing the applicant, spoke in support of this matter CITY COUNCIL MINUTES 265 AUGUST 4, 2003 PUBLIC HEARINGS No other speakers; public hearing was closed by Mayor Pulido Motion: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002- 436. 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2636 - An Ordinance of the City Council of the City of Santa Ana rezoning the property located at 3601 South Bristol Street from commercial residential (CR) to general commercial (C2) (AA No. 2003-06) 3. Adopt a resolution. RESOLUTION NO. 2003-068 - A Resolution of the City Council of the City of Santa Ana approving Conditional Use Permit Nos. 2003- 15 and 2003-16 as conditioned for the property located at 3601 South Bristol Street Applicant - Great Circle Family Foods MOTION: Alvarez SECOND: Christy VOTE: AYES: NOES: Alvarez, Bist, Christy, Franklin, Gamia, Pulido, Solorio (7) None (0) ABSTAIN: None (0) ABSENT: None (0) The Mayor left the meeting at 7:47 P.M., Mayor Pro Tern Franklin assumed the Chair. 90.A. COMMENTS PUBLIC COMMENTS Dave Lopez, Roy Melcher, and Tom Lamere, and Desi Reyes expressed their opposition to the Little Saigon Monument Sign Eisa G omez, Louis P escarmona, S ergio R odriguez, Erin P rangley, Mike Macres, Fernando Ceballos, Raul Yanez, Raymond Rangle, and Jose CITY COUNCIL MINUTES 266 AUGUST 4, 2003 90.B. COMMENTS Zepeda of the Downtown Santa Ana Businessmen's Association voiced their concerns or opposition relative to the Downtown Business Improvement District Kim Gerda and Victoria Zaragoza opposed the French Park traffic barriers Robert Webb and Frank Chavez expressed opposition to the proposed rezoning of Downtown John Wesson addressed Council relative to the proliferation of signs and banners on Harbor Boulevard; he further expressed his opposition to the Little Saigon Monument Sign. CITY COUNCIL COMMENTS Councilmember Garoia Thanked all the volunteers who helped at the Kids Day event sponsored by the Boys and Girls Club at the Santa Ana Stadium on August 3, 2003 Encouraged citizens to search for ways to improve the community, particularly during this difficult period of severe budget shortages Apologized to anyone who e-mailed or called him while he was on vacation; he noted that he forgot to leave an "absent from office" message Councilmember Solorio · Noted that he is always proud to visit downtown but that there has been a lot of underdevelopment; he stated that the live/work projects are a great addition to the downtown area without taking away what is already in place · Announced that this year the Fiestas of Americas will include a parade celebrating the fiesta and El Grito · Last month there was an event at the Santa Ana Zoo commemorating the new playground equipment that was installed at the Zoo at Prentice Park · He asked staff to undertake a more aggressive involvement including the formation of a Task Force to focus on Harbor Boulevard · Noted that the new school year was about to begin and wished everyone including children, parents and teachers a good year Councilmember Christy · Thanked t he Cuban American Scholarship Foundation for inviting her to an event honoring recent scholarship recipients · Noted that the Pacific Symphony Orchestra held a concert at the old Court House on August 2, 2003, and that this event was extremely successful and well attended CITY COUNCIL MINUTES 267 AUGUST 4, 2003 COMMENTS · Congratulated Jim Ross, Executive Director, Public Works Agency on receiving the 2002 American Public Works Association awards for the Bristol Corridor Widening, Delhi Community Center, Minnie Street Improvements, and, Skate Park at Centennial Park projects · Introduced the new Senior Deputy Clerk of the Council, Pat Jacquez-Nares Councilmember Bist · Congratulated the Pacific Symphony Omhestra on a very successful event at the Courthouse on August 2, 2003 and noted that following the concert, many of the attendees went to the Artists Village Open House · Congratulated the Wilshire Square Neighborhood on a very enjoyable summer concert held on July 26, 2003 and thanked the Friends of Parks and Recreation for helping to get donors to defray the cost of the event Noted that there were three bus stop shelters on Sunflower which are owned by Orange County that need to be replaced Announced that August 5, 2003 is National Night Out and encouraged residents to keep their pomh lights on during the night in support of the Neighborhood Watch Programs Cou ncilmember Alvarez · Remarked that she would be happy to reach a compromise on the Little Saigon Sign issue and invited the neighborhood and the Little Saigon business owners to meet to try to reach consensus relative to design and location of the sign · Noted that the Downtown Santa Ana Business Association and the business owners on Fourth Street need to work on solutions to prevent the deterioration of this area · Encouraged residents to think of the positives in the City including events such as Kids Day, the PSO concert, and the Wilshire Square Neighborhood concert Mayor Pro Tem Franklin · Asked that the Council adjourn the meeting in memory of Johnnie Trout and Jack Strand; he noted the following facts about the two long time Santa Ana residents: · For twenty seven years Jonnie Trout and his wife took in foster children - 65 or more in ali. He and his wife began taking in foster children in 1958. They took all ages, from infancy to adolescence. They usually had four or five children at a time. Johnnie was a farmer and mechanic. He and his wife came to Santa Ana in 1951 and two years later bought the Poplar street house he called home for the rest of his life. CITY COUNCIL MINUTES 268 AUGUST 4, 2003 COMMENTS Jack Strand worked for the Santa Ana post office beginning in 1936; he joined the Navy in 1941, serving in the South Pacific during World War II. He delivered mail to the downtown Santa Ana area and he was so popular that City Hall officials threw him a large farewell party when his reute was changed. When he returned to California in 1945, he and his wife settled in Santa Ana. ADJOURNMENT - 8:55 P.M. - To August 18, 2003 - at 5:30 p.m. in the Police Chief's Conference Room, 60 Civic Center Plaza, Santa Ana, California Adjourned in memory of Johnnie Trout and Jack Strand Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 269 AUGUST 4, 2003