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HomeMy WebLinkAbout2003-11-17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTAANA, CALIFORNIA CALL TO ORDER ATTENDANCE: PLEDGE OF ALLEGIANCE INVOCATION NOVEMBER 17, 2003 POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:30 P.M. Councilmembers present: MIGUEL PULIDO, Mayor BRETT E. FRANKLIN, Mayor Pro Tern CLAUDIAALVAREZ LISA BIST ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO Bob Barnett, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Item 22.F. was pulled by Mayor Pulido • Councilmember Christy requested that items 20.A. and 25.H. be pulled for separate discussion • Councilmember Bist requested that item 31.A. be pulled for separate discussion • Mayor Pulido abstained on item 25.H because a former business partner is a tenant in the proposed project • Councilmember Bist abstained on item 25.K. because she is employed by one of the consultant firms • Addition of Closed Session Report, Item 19.A. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Franklin CITY COUNCIL MINUTES 367 NOVEMBER 17, 2003 VOTE: AYES: NOES: ABSTAIN ABSENT: Items removed the actual vote, CONSENT CALENDAR Alvarez, Bist, Christy, Franklin, Garcia, Pulido, (6) None (0) None (0) Solorio (1) lifed are ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. and 10.13.) J. Separate actions show consent motion 10.A. ADJOURNED REGULAR MEETING OF NOVEMBER 3, 2003 10.B. REGULAR MEETING OF NOVEMBER 3, 2003 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT NOVEMBER 12, 2003 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Library Board Human Relations Community Redevelopment / Housing Commission Youth Commission — Regular Youth Commission —Alternate TOTAL Board/Commission Board of Parks & Recreation Library Youth Commission -Alternate TOTAL Vacancies Ward 2 3and 4 1 3 1 Sr. Tenant 1 1 3 1,4and 6 8 Expired Term 2 1 3 6 Ward 2 and 6 2 1. 4. and 6 CITY COUNCIL MINUTES 368 NOVEMBER 17, 2003 CONSENT CALENDAR 13.B. COUNCIL COMMITTEE REPORTS Motion: Receive and file. Committee Name Meeting Date(s) Neighborhood Improvement/Code Enforcement 06/24/03 Park Development/Joint Use 09/03/03 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 Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 11/03/03 10/30/53 7:50 am 15.13. Adjourned Regular Meeting Agenda -Closed Session 0 11 /03/03 10/31 /03 4:55 pm MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter certificates into the Minutes. Honoree Date 16.A. Wyland Ocean Challenge Day 11/04/03 16.B. Steve Rucker— Memorial Tribute 11/05/03 16.C. McFadden Learning & Technology Center 11/07/03 16.D. J.P. Frutos 11/07/03 16.E. OC Hispanic Women of the Year Awards 11/08/03 16.F. Rotary Club of Santa Ana and Rotary Club of Makati Central, Manila 11 /14/03 FINAL MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of this City Council meeting. CITY COUNCIL MINUTES 369 NOVEMBER 17, 2003 CONSENT CALENDAR 17.A. FINAL PARCEL MAP NO. 2001-120 — ONE AND TWO EAST MACARTHUR PLACE Motion: Receive and file. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement. Mary Hausmann vs the City of Santa Ana, Case No. ANA 0373752 compromise and release in the amount of $30,000.00 19.6. EXCUSED ABSENCES — None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS ( APPROPRIATION ADJUSTMENT RECOGNIZING FY 2003-2004 ................... S.A.I.N.T. AND S.P.I.R.I.T. WEED AND SEED GRANT REVENUES - Motions: 1. Adopt a resolution RESOLUTION NO. 2003-089 — A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of Community Development Agency to execute all necessary documents to accept and implement the FY 2003 Weed and Seed Grant from the United States Department of Justice 2. Approve an appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-060 - Recognizing $450,000.00 in United States Department of Justice funds, and appropriate $225,000 to the S.A.I.N.T program and $225,000.00 to the S.P.I.R.I.T program. 3. Direct the City Attorney to prepare, and authorize the City Manager and the Clerk of the Council to execute agreements AGMT 2003-228 - An amendment to the agreement with the Boys and Girls Club of Santa Ana extending their current contract to December CITY COUNCIL MINUTES 370 NOVEMBER 17, 2003 lJ CONSENT CALENDAR 31, 2004 and increasing the amount of the agreement by $8,000.00 for a total amount not to exceed $26,000 00 AGMT 2003-229 - An amendment to the agreement with the Santa Ana Unified School District extending their current contract to December 31, 2004 and increasing the amount of the agreement by $8,000.00 for a total amount not to exceed $87,370.00 AGMT 2003-230 - With The Society of St. Vincent De Paul for Weed and Seed re-entry programs in an amount not to exceed $12,000.00 AGMT 2003-231 - With Haworth c/o Fullmer, Inc. for the purchase and installation of additional workstations and chairs in an amount not to exceed $35,000 00 AGMTS 2003-232 and 2�103-233 • Amend the contracts with Dell Computer and Sehi Computer Products for the purchase of computers and computer -related products, including software and printers in an amount not to exceed $25,000.00 - Community Development Agency MOTION: Christy SECOND. Solorio VOTE: AYES: Alvarez, Bist; Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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. 98-005 - ELEVATOR MAINTENANCE - POLICE DEPARTMENT - Amend the contract with Montgomery Kone, Inc. in an amount not to exceed $54,260.00 for a total amount not to exceed $135,274.00 - Finance and Management Services Agency 22.13, SPEC. NO. 01-128 - RECREATIONAL SUPPLIES - Parks, Recreation & Community Services Agency •- Renew the contracts for a one-year period in the annual amounts as follows: CITY COUNCIL MINUTES 371 NOVEMBER 17. 2003 CONSENT CALENDAR Bidder: Amount: US Toy Company, Inc. $45,000.00 Art Supply Warehouse $11,000.00 22.C. SPEC. NO. 02-102 - PAPER DOCUMENTATION SHREDDING SERVICES - Renew the contract with The Paper Depot for a period of one year in an annual amount not to exceed $12,000.00 - Finance and Management Services Agency 22.D. SPEC. NO. 03-052 - DEMOLITION AND INSTALLATION OF A BLOCK WALL - Award a contract to Rick Hamm Construction, Inc. in an amount not to exceed $19,851.00 - Finance and Management Services Agency 22.E. SPEC. NO. 03-088 - PHOTOGRAPHIC LAB MATERIALS AND EQUIPMENT - Award contracts for a two-year period with provision for two one-year renewals not -to -exceed annual amounts as follows: Bidder: Amount: Graphic Distributors $24,968.00 Cal's Camera & Video $ 9,314.00 22:( SPEC. NO. 03-094 — LANDSCAPE MAINTENANCE AT CITY PARKS — Award a contract to DMS Landscape Services, a Santa Ana vendor for a period of two years with one three-year renewal in the total annual amount not to exceed $429, 840.00 - Finance and Management Services Agency Speaker: David Biondolillo addressed the Council and requested a 30 day continuance to allow the Service Employees International Union (SEIU) time to present an alternative proposal. Motion: Continue matter until December 1, 2003, City Council Meeting MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Solorio Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 372 NOVEMBER 17, 2003 CONSENT CALENDAR 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.G and 25.1. through, 25.K.) 25.A. AGMT 2003-244 - PROMOTION FOR PUBLIC PARKS AND RECREATION — With the Friends of Santa Ana Parks and Recreation — Parks, Recreation and Community Services Agency (Continued from the 11/03/03 City Council Meeting by a 7-0 vote) 25.13. AGMT 2003-245 — PURCHASE AGREEMENT FOR PORTION OF THE BIRTCHER FAMILY PROPERTY AT 810 SOUTH GRAND AVENUE (PROJECT 1755) — With Ronald E. Birtcher Family Trust and Birtcher Pacific in the amount of $23, 905.00 — Public Works Agency 25.C. AGMT 2003-246 — PURCHASE AGREEMENT FOR PORTION OF THE MORRISETTE FAMILY TRUST PROPERTY AT 1202 HUNTER AVENUE (PROJECT 1755) — With The Morrisette Family Trust in the amount of $21, 302.00 — Public Works Agency 25.D. AGMT 2003-247 — PSYCHOLOGICAL SERVICES — Renewal agreement • with Dr. Susan Saxe -Clifford in an amount not to exceed $40,000.00 — Police Department 25.E. AGMT 2003-248 — FEDERAL GRANT PROGRAM CONSULTING SERVICES — With Mike Linares in an amount not to exceed $45,000.00 — Community Development Agency 25.F. AGMTS - WORKFORCE INVESTMENT ACT YOUTH SUBCONTRACTORS Motion: Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements. AGMT 2003-249 - Amendment to the agreement with the Employment Development Division of the State of California to increase the amount of the agreement by $80,500.00 for an amount not to exceed amount of $349,794.00 and to extend the term through June 30, 2004 for in -school and out -of -school youth program under the Workforce Investment Act Youth grant AGMT 2003-250 - With the Santa Ana Unified School District in an amount not to exceed $110,745.00 for the period of October 1, 2003 to • June 30, 2004 in -school youth program under the Workforce Investment Act Youth grant CITY COUNCIL MINUTES 373 NOVEMBER 17, 2003 CONSENT CALENDAR AGMT 2003-251 — With Taller San Jose in an amount not to exceed $6,372.00, for the period of October 1,. 2003 to June 30, 2004 provide services to out -of -school and in -school youth service under the Workforce Investment Act Youth grant: AGMT 2003-252 — With the Boys and Girls Club of Santa Ana in an amount not to exceed $55,115.00 for the period of October 1, 2003 to June 30, 2004 to provide in -school youth services under the Workforce Investment Act Youth grant AGMT 2003-253 With the Orange County Conservation Corps in an amount not to exceed $127,671.00 for the period of October 1, 2003 to June 30, 2004 to provide services to in -school and out -of -school youth under the Workforce Investment Act Youth grant AGMT 2003-254 - With the California Hispanic Commission on Alcohol and Drug Abuse, Inc. in an amount not to exceed $85,162.00 for the period of October 1, 2003 to June 30, 2004 to provide services to out -of - school under the Workforce Investment Act youth grant AGMT 2003-255 - With Taller San Jose Tech in an amount not to exceed $48,369.00 for the period of October 1, 2003 to June 30, 2004 to provide services to out -of -school and in -school youth under the Workforce Investment Act youth grant AGMT 2003-256 - Execute a memorandum of understanding designating the Santa Ana WORK Center to function as the Service Navigator for an amount not to exceed $114,592.00 for the period of October 1, 2003 to June 30, 2004 to provide services to out -of -school and in -school youth under the Workforce Investment Act youth Grant - Community Development Agency 25.G. AGMT 2003-257 — COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE AND UPGRADED RECORDS MANAGEMENT SOFTWARE PURCHASE — Renewal amendment to agreement with Tritech Software Systems in the amount of $164,250.00 — Fire Department 26.'H ................. (Mayor Pulido abstained on this item because a former business partner is a tenant in the proposed project site) Motions: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement AGMT 2003-258 — ADDITIONAL ENVIRONMENTAL SERVICES FOR THE ONE BROADWAY PLAZA PROJECT — Amendment to the CITY COUNCIL MINUTES 374 NOVEMBER 17, 2003 CONSENT CALENDAR agreement with P&D Environmental in an amount not to exceed $42,485.00 — Community Development Agency 2. Approve appropriation adjustment (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 04-054 - Recognizing $42,485.00 in the 2003-2004 FY revenue account for environmental review fees for One Broadway Plaza and appropriating $42,485.00 to the Planning and Building Agency 2003-2004 FY budget allocation in the account for contractual services for payment to P&D Environmental MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Solorio (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) 25.1. AGMT 2003-259 — OFF -SITE DATA PROTECTION — Amendment to the agreement with Iron Mountain, extending the contract through November 30, 2004, in an amount not to exceed $17,000.00 25.J. AGMT 2003-260 — NETWORK TEST EQUIPMENT MAINTENANCE AND SUPPORT SERVICES — With Fluke Networks, Inc. through January 5, 2005 in an amount not to exceed $17,400.00 25.K. AGMTS 2003-261, 2003-262, 2003-263, 2003-264, AND 2003-265 — TECHNICAL TEMPORARY PERSONNEL SERVICES AND CONSULTING — Amend agreement exercising the first of four one-year renewal options extending the contract term in a total amount not to exceed $2,600,000 annually with the following companies: APR Consulting Data Design Corporation International Management Systems Corporation SoftMaster, Inc. Telfords (Councilmember Bist abstained on item 25X because she is • employed by one of the above listed consultants.) CITY COUNCIL MINUTES 375 NOVEMBER 17, 2003 CONSENT CALENDAR LAND USE MATTERS CONDITIONAL USE PERMITSIVARIANCES 31.A. VARIANCE NO. 2003-04 - 1101 WEST'SANTAANA BOULEVARD To allow a reduction of the rear yard setback for a new office building Planning Commission adopted a resolution approving Variance No. 2003- 04 as conditioned at its October 27, 2003 meeting by a vote of 5-1 (Sinclair opposed, Nalle absent) Applicant: John and Melody Drake Motion: Receive and file the staff report approving Variance No. 2003-04 as conditioned MOTION: Bist SECOND: Christy VOTE: AYES: Bist, Christy, Franklin, Pulido, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Garcia (2) *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR RESOLUTIONS 55.A. APPEAL NO. 2003-05 (VARIANCE NO. 2003-03) — 1811 NORTH HELIOTROPE Filed by various surrounding property owners to appeal the decision of the Planning Commission which approved the issuance of Variance No. 2003- 03 to allow a reduction in the side yard and prevailing front yard at 1811 North Heliotrope in the R1 Zone. CITY COUNCIL MINUTES 376 NOVEMBER 17, 2003 BUSINESS CALENDAR Planning Commission approved Variance No. 2003-03 on September 8, 2003 by a 5-2 vote (Leo and Sinclair opposing). Public hearing closed October 6, 2003 Continued from the October 6, 2003 City Council Meeting by a 7-0 vote; Continued from the November 3, 2003 City Council Meeting by a 7-0 vote Legal Notice published in the Orange County Register on September 26, 2003. Applicant: Eric Saline Speaker: Lewis Janowsky expressed concern that since the side setback is not at five feet, the fire protection measures recommended by the Planning and Building Agency should be implemented by the applicant to afford maximum protection for his adjacent property The applicant was present and agreed to the fire protection measures. Motion: Adopt a resolution. RESOLUTION NO. 2003-080 - A Resolution of the City Council of the City of Santa Ana approving Variance No. 2003-03 as conditioned to • encroach into the side yard and the prevailing front yard setback for the property located at 1811 North Heliotrope Drive (Appeal No. 2003-05) MOTION. Pulido SECOND: Franklin VOTE: AYES: Alvarez, Bist Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN. None (0) ABSENT: None (0) 55.13. RESOLUTION AGREEING TO A PROPERTY TAX TRANSFER WITH THE CITY OF GARDEN GROVE FOR THE 0.632 ACRES PARCEL AT WESTMINSTER AVENUE BETWEEN EUCLID AND NEWHOPE STREET TO BE DETACHED FROM THE CITY OF SANTA ANA AND ANNEXED TO THE CITY OF GARDEN GROVE (Continued from the 11/3/03 City Council Meeting by a 7-0 vote) • Motion: Adopt a resolution. CITY COUNCIL MINUTES 377 NOVEMBER 17. 2003 55.C. Motion 55. D Motion BUSINESS CALENDAR RESOLUTION NO. 2003-085 — A resolution of the City Council of the City of Santa Ana agreeing to a property tax transfer with the City of Garden Grove for the 0.632 acre parcel on Westminster Avenue between Euclid and Newhope streets to be detached from the City of Santa Ana and annexed to the City of Garden Grove MOTION: Pulido SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Franklin (1) BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY RESOLUTION Adopt a resolution. RESOLUTION NO. 2003-090 — A resolution of the City Council of the City of Santa Ana amending the liability risk coverage agreement and the Joint Powers Agreement creating the Big Independent Cities Excess Pool Joint Powers Authority, approving the prepayment of basic premium, and authorizing, ratifying, and approving certain other documents and actions in connection therewith - Personnel Services Agency MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Franklin (1) RESOLUTION AUTHORIZING APPLICATION FOR WASTE TIRE TRACK AND RECREATIONAL SURFACING GRANT Adopt a resolution. RESOLUTION NO. 2003-091 — A resolution of the City Council of the City of Santa Ana approving an application for grant funds from the California CITY COUNCIL MINUTES 378 NOVEMBER 17, 2003 BUSINESS CALENDAR Integrated Waste Management Board's Tire Recycling Grant Program for synthetic turf to be used at the Dan Young Soccer Complex - Parks, Recreation and Community Services Agency MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSENT: Franklin (1) 55.E. AMEND CLASSIFICATION AND COMPENSATION PLAN TO ADD ONE FULL TIME CLASSIFICATION TITLE AND AMEND ANNUAL BUDGET TO REALLOCATE THREE POSITIONS Motion 75.A. Adopt a resolution. RESOLUTION NO. 2003-093 - A Resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to amend the City's basic classification and compensation plan to add one new full time classification title in the Parks, Recreation and Community Services Agency, and to amend the current annual budget to reallocate three full time positions - Personnel Services Agency MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Franklin (1) PUBLIC HEARINGS CONDEMNATION OF RUSSELL PROPERTY LOCATED AT 800 SOUTH GRAND AVENUE AND 820 SOUTH GRAND AVENUE - PROJECT 1755 Legal Notices mailed to property owners on October 24, 2003 • Presentation of staff report by Jim Ross, Executive Director, Public Works Agency CITY COUNCIL MINUTES 379 NOVEMBER 17.2003 PUBLIC HEARINGS Written communication: None No public speakers; public hearing closed Motion: Adopt resolutions. RESOLUTION NOS. 2003-092 and 2003-094 - A resolution of the City Council of the City of Santa Ana finding and determining that the public interest, convenience and necessity require the acquisition of certain real property located within the City of Santa Ana (Russell, located at 800 S. Grand and Russell, located at 820 S. Grand) - Public Works Agency MOTION: Solorio SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSENT: Franklin (1) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:06 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING COUNCIL RECONVENED AT 7:22 P.M. WORK STUDY SESSION Mayor Pulido left the meeting at 7:36 p.m. WS.A. PARK NATURALIST PROGRAM UPDATE Parks Naturalist Patrick Mitchell presented a brief update of the City's Park Naturalist Program. The purpose of the program is to educate the public about local natural resources and the environment, improve the ecological character of Santa Ana's open space, and engage the community in park activities. The priority site is Santiago Park. There are three interrelated areas of focus: The combination of Research, Education, and Restoration makes healthier parks and communities. Success stories and projects in progress include the following: • Educational programming for 600 youths and 120 adults • Lower Santiago Creek Restoration Project CITY COUNCIL MINUTES 380 NOVEMBER 17, 2003 WORK STUDY SESSION • • Urban Forest Planning • Environmental Education and Outreach • Santiago Park Nature Reserve • Santiago Creek Wildlife and Watershed Center (partners include: Park Santiago Neighborhood Association, Santiago Creek Greenway Alliance, Wildlands Conservancy, Orange County Department of Education Inside the Outdoors, Orange County Natural History Association, UCI and Santa Ana College • Riparian and Riverine Grant Program • Naturalist Explorer Program COMMENTS 90.A. PUBLIC COMMENTS Alma Ramirez addressed the Council about her concerns relating to the Police Department Robert L. Henson Sr. and Paul Giles addressed the Council relative to concerns about a proposed compromise on the installation of a monument sign for the Little Saigon Business District • 90.B. CITY COUNCIL COMMENTS Councilmember Solorio • Welcomed the new Fire Chief, Philip Garcia and the New Planning Manager, Jay Trevino. Councilmember Bist • Asked that the Council adjourn in memory of Novel James ADJOURNMENT — 7:51 p.m. —To December 1, 2003 at 5:30 p.m., City Hall Room 831, 8th Floor - 20 Civic Center Plaza, Santa Ana, California Adjourned in Memory of Novel James Patricia Healy Clerk of the Council CITY COUNCIL MINUTES 381 NOVEMBER 17, 2003