HomeMy WebLinkAbout2004-08-02
8
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
SANTA ANA, CALIFORNIA
AUGUST 2, 2004
CALLED TO ORDER
CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
6:24 P.M.
ATTENDANCE
Councilmembers present:
MAYOR MIGUEL A. PULIDO
MAYOR PRO TEM BRETT E. FRANKLIN
CLAUDIA ALVAREZ
LISA BIST
MIKE GARCIA
JOSE SOLORIO
Absent: ALBERTA CHRISTY
8
STAFF present:
DAVID N. REAM, City Manager
JOSEPH W. FLETCHER, City Manager
PATRICIA E. HEALY, CLERK OF THE
COUNCIL
PLEDGE OF ALLEGIANCE
MAYOR PULIDO
INVOCATION
Nua Lualemaga, Police Chaplain
PRESENTATIONS
Special Presentation - South Coast Air Quality Management District - Presented by
William Craycraft
Presentation by COUNCILMEMBER SOLORIO to Congresswoman Loretta Sanchez
for her support in securing Federal Empowerment funding and support for the Bristol
Street widening and Centerline Project
Certificates of Recognition presented by COUNCILMEMBER SOLORIO to the
winners of the Parks and Recreation Chess Tournament between the Salgado, EI
Salvador, Memorial, and Jerome Recreation Centers and Lowell Elementary School
8
Certificates of Recognition presented by COUNCILMEMBER SOLORIO to the
Nacional Soccer Team for their victory in the COPA Santa Ana Adult Soccer
Association Tournament.
CITY COUNCIL MINUTES
237
AUGUST 2, 2004
PRESENTATIONS
Certificate of Recognition presented by MAYOR PRO TEM FRANKLIN to First
Lieutenant John M. Sarabia for his exceptional meritorious service as a Platoon Leader
in Operation Iraqi Freedom
Certificates of Recognition presented by MAYOR PRO TEM FRANKLIN to the newly
elected Com-Link Board 2004-2005 Officers: Evangeline Gawronski (Chairperson),
Julie Stroud, (Vice Chair-person), Paul Giles (Secretary) and other newly elected board
members, Mary Bloom-Ramos, Mary Guzman, Barbara L. Muirhead, and Andree
Weger
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent Calendar:
1. Item 31A pulled for public comment and separate discussion
2. Item 11.B. pulled for public comment and separate discussion
3. Excuse the absence of Council member Christy
Motion: Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez
SECOND: Bist
VOTE:
AYES:
Alvarez, Bist, Franklin, Garcia, Pulido, Solorio
(6)
NOES:
None (0)
None (0)
ABSTAIN:
ABSENT:
Christy (1)
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes. (Items 10.A. through 10.B.)
10.A.
ADJOURNED REGULAR MEETING OF JULY 19, 2004
REGULAR MEETING OF JULY 19, 2004
10.B.
CITY COUNCIL MINUTES
238
AUGUST 2, 2004
8
8
8
CONSENT CALENDAR
ORDINANCES SECOND READING
11.A
DEVELOPMENT AGREEMENT NO. 2004-02 - 2001 WEST
MACARTHUR BOULEVARD
Placed on first reading at the July 19, 2004 Council Meeting and approved
by a 7-0 vote
Published in the Orange County Reporter on July 23, 2004
Motion: Adopt an ordinance.
ORDINANCE NS-2657 - An ordinance of the City Council of the City of
Santa Ana approving a development agreement between the City of Santa
Ana and the Roman Catholic Bishop of Orange
BOARDS/COMMISSIONS/COMMITTEES
13.A.
VACANCY REPORT - JULY 28, 2004
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 1
Environmental Transportation Advisory Committee (ETAC)
1
2
6
NA
3&4
Library Board
Community Redevelopment /
Housing Commission
Youth Commission - Regular
Youth Commission - Alternate
TOTAL
1
1
2
8
Sr. Tenant
4
4&6
Board/Commission
Board of Parks & Recreation
Expired Term
2
Ward
2&6
TOTAL
2
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.
CITY COUNCIL MINUTES
239
AUGUST 2, 2004
CONSENT CALENDAR
Motion: Instruct Clerk to enter postings into the Minutes.
through 15.C.)
(Items 15.A.
15.A.
15.B.
15.C.
Council MeetinQ AQendas
City Council Agenda
Revised City Council Agenda
Adj. Regular Meeting Agenda
MeetinQ Date
7/19/04
7/19/04
7/19/04
Posted
7/15/04
07/16/04
7/16/04
Time
5:05 pm
5:10pm
5:10 pm
MISCELLANEOUS ADMINISTRATION
19.A.
19.B.
CLOSED SESSION REPORT - None
EXCUSED ABSENCES
Motion: Excuse the absence of Councilmember Christy from the August 2,
2004 City Council Meeting
19.C.
QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2004
Motion: Receive and File.
19.0
Motion:
FIRST TIME HOMEBUYER DOWNPAYMENT AND REHABILITATION
LOAN PROGRAM
Recommended action approved by the Community Redevelopment and
Housing Commission at its Regular Meeting of July 20, 2004 by a vote of
7-0.
1. Approve the First Time Homebuyer Downpayment and
Rehabilitation Loan Program utilizing federal American Dream
Downpayment Initiative funds under the HOME program and
allocate $203,250 for program funding.
2. Authorize the Executive Director of the Community Development
Agency to execute all necessary documentation to implement the
program
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20.A.
APPROPRIATION ADJUSTMENT RECOGNIZING FUNDS FOR DYER
ROAD REHABILITATION PROJECT; FLOWER STREET TO MAIN
STREET (PROJECT NO. 1772)
240
AUGUST 2, 2004
CITY COUNCIL MINUTES
8
8
8
CONSENT CALENDAR
Motion: Approve appropriation adjustment. (Requires five affirmative votes.)
APPROPRIATION ADJUSTMENT NO. 05-004 - Approve an
appropriation adjustment recognizing funds in the amount of $20,000 in
the Select Street Construction Fund and appropriating $20,000 to the
Select Street Construction Fund for the Dyer Road Rehabilitation Project.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Requests for Council Action. (Items 22.A.
through 22.D.)
22.A.
SPEC. NO. 01-089 - SWEEPING SERVICES - PARKS, RECREATION
AND COMMUNITY SERVICES AGENCY - Renew the contract with
TSCM Corporation for a one-year period in an annual amount of $16,212 -
Finance & Management Services Agency
22.B.
SPEC. NO. 02-064 - INMATE UNIFORMS - POLICE DEPARTMENT -
Renew the contract with Robinson Textiles for a period of one year in an
annual amount not to exceed $15,584 - Finance & Management Services
Agency
22.C.
SPEC. NO. 04-073 - BID REJECTION - PUBLIC WORKS AGENCY -
Reject all bids for a annual traffic line painting and sign maintenance
contract - Finance & Management Services Agency
22.D.
SPEC. NO. 04-088 - SAFETY GLOVES - Award a contract to Coast to
Coast Safety Inc. for a 12-month period, with provision for two 12-month
renewals, in an annual amount not to exceed $17,224 - Finance &
Management Services Agency
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.)
25.A.
AGMT NO. 2004-154 - AS NEEDED PAVEMENT EVALUATION
SERVICES - With Labelle Marvin in the not to exceed amount of
$200,000 - Public Works Agency
25.B.
AGMT NOS. 2004-155 AND 2004-156 - HAZARDOUS MATERIALS
RESPONSE TEAM MEDICAL EXAMINATIONS - With Pulmonary
Consultants and Primary Care Physicians Medical Group Inc. in an
CITY COUNCIL MINUTES
241
AUGUST 2, 2004
CONSENT CALENDAR
amount not to exceed $20,000 per year for a three-year agreement
beginning July 1, 2004 with one, two-year renewal option
25.C.
AGMT NO. 2004-157- CONSULTING SERVICES - With Wesley A. Bosch,
M.A. to provide counseling and assessment services for clients at the
Santa Ana W/O/R/K Center for an amount not to exceed $65,000 -
Community Development Agency
25.D.
AGMT NO. 2004-158 - LEASE AGREEMENT - Execute an amendment to
the lease agreement between the County of Orange and the City of Santa
Ana for office space at The Depot at Santa Ana - Community
Development
25.E.
AGMTS FEDERAL
NETWORK PROGRAM -
EMPOWERMENT ZONE
DAISY WHEEL
Motion:
Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements:
AGMT NO. 2004-159 - With the Santa Ana Empowerment Corporation in
an amount not to exceed $980,000 for the Federal Empowerment Zone
Daisy Wheel Network Program
AGMT NO. 2004-160 - With Catholic Charities of Orange County in an
amount not to exceed $97,500 for vocational/occupational training,
employment strategies, and supportive services under the Federal
Empowerment Zone Daisy Wheel Network Program
AGMT NO. 2004-161 - With Delhi Center in an amount not to exceed
$81,250 for vocational/occupational training, employment strategies, and
supportive
services under the Federal Empowerment Zone Daisy Wheel Network
Program
AGMT NO. 2004-162 - With the Employment Development Department of
the State of California in an amount not to exceed $85,766 for
employment strategies under the Federal Empowerment Zone Daisy
Wheel Network Program
AGMT NO. 2004-163 - With Mexican American Opportunity Foundation in
an amount not to exceed $90,760 for vocational/occupational training and
supportive services under the Federal Empowerment Zone Daisy Wheel
Network Program.
AGMT NO. 2004-164 - With Orange County Conservation Corps in an
amount not to exceed $101,115 for education and employment strategies
under the Federal Empowerment Zone Daisy Wheel Network Program
CITY COUNCIL MINUTES
242
AUGUST 2, 2004
8
8
8
25.F.
Motion:
25.G.
Motion:
CONSENT CALENDAR
AGMT NO. 2004-165 - With Taller San Jose in an amount not to exceed
$133,948 for vocational/occupational training, employment strategies, and
supportive services under the Federal Empowerment Zone Daisy Wheel
Network Program
AGMT NO. 2004-166 - With Templo Calvario in an amount not to exceed
$45,025 for employment strategies and supportive services under the
Federal Empowerment Zone Daisy Wheel Network Program.
AGMT NO. 2004-167 - With The Cambodian Family in an amount not to
exceed $85,629 for vocational/occupational training, employment
strategies, and supportive services under the Federal Empowerment Zone
Daisy Wheel Network Program - Community Development Agency
AGMT NO. 2004-169 - ADELPHIA COMMUNICATIONS FRANCHISE
EXTENSION
Adopt a resolution.
RESOLUTION NO. 2004-060 - A resolution of the City Council of the City
of Santa Ana approving the sixth amendment to the cable television
franchise agreement between the City of Santa Ana and Adelphia
Cablevision of Santa Ana, LLC (
AGMT NO. 2004-168 - PURCHASE AGREEMENT FOR PROPERTY
LOCATED AT 1252 AND 1252 ~ SECOND STREET (PROJECT 1819)-
With Richard Villalobos in the amount of $352,000 - Public Works Agency
LAND USE MATTERS
Filed by Sunset Homes to subdivide the property into 17 parcels in the
North Harbor Specific Plan (SP2) zoning district at 1101 through 1219
North Jackson Street
Roy Alvarado addressed the Council with concerns that the neighborhood
was not part of the process; Martin Henrikson spoke against the project
Receive and file the staff report approving Tentative Tract Map No.
2004-02 (County Tentative Map No. 16576)
MOTION: Alvarez
SECOND: Franklin
VOTE:
AYES:
Alvarez, Bist, Franklin, Garcia, Pulido, Solorio
(6)
CITY COUNCIL MINUTES
243
AUGUST 2, 2004
CONSENT CALENDAR
NOES:
None (0)
None (0)
ABSTAIN:
ABSENT:
Christy (1)
*** END OF CONSENT CALENDAR ***
~
BUSINESS CALENDAR
~
RESOLUTIONS
55.A.
RESOLUTION REAFFIRMING THE APPOINTMENT OF THE
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION AS
THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD
Motion:
Adopt a resolution.
RESOLUTION NO. 2004-061 - A resolution of the City Council
of the City of Santa Ana clarifying and reaffirming the intent of
Resolution 2004-078
MOTION: Solorio
SECOND: Garcia
VOTE:
AYES:
Alvarez, Bist, Franklin, Garcia, Pulido, Solorio
(6)
NOES:
None (0)
None (0)
ABSTAIN:
ABSENT:
Christy (1)
~
PUBLIC HEARINGS
~
75.A.
APPEAL NO. 2004-05 FOR THE PROPERTY LOCATED AT 121 SOUTH
BIRCH STREET, UNITS 1-8 ON THE SANTA ANA REGISTER OF
HISTORICAL PROPERTIES AND CATEGORIZING AS LANDMARK
CITY COUNCIL MINUTES
244
AUGUST 2, 2004
8
8
8
PUBLIC HEARINGS
Filed by Palmer Enterprises to appeal the decision of the Historic
Resources Commission, which approved the placement and
categorization of the structure, located at 121 South Birch Street, Units 1-8
(Kaiser Apartments) as a Landmark property on the Santa Ana Register of
Historical Properties.
Historic Resources Commission adopted a resolution approving Historic
Resources Commission Application 2004-23 and Historic Register
Categorization No. 2004-23 at its April 1, 2004 meeting by a vote of 8-0
(Chinn absent)
Legal Notice published in the Orange County Reporter on June 11, 2004
and notices mailed.
Continued from the June 21, 2004 City Council Meeting
Legal Notice published in the Orange County Reporter on July 23, 2004
and notices mailed.
Staff presentation by Steve Harding, Executive Director of Planning and
Building Agency
Written communication: Letter from Ginelle Hardy and Maria Haro in
support of placement of the structure on the Historic Register.
Speakers: T.M. Palmer (Appellant) spoke in opposition to placing this
property on the Historic Register list; Debbie McEwen spoke in support of
the historic designation; public hearing closed
Motion: Adopt a resolution.
RESOLUTION NO. 2004-043 - A resolution of the City Council of the City
of Santa Ana placing the property located at 121 South Birch Street, Units
1-8 on the Historical Register and placing within an established category
(Appeal No. 2004-05)
MOTION: Bist
SECOND: Alvarez
VOTE:
AYES:
Alvarez, Bist, Franklin, Garcia, Pulido, Solorio
(6)
NOES:
None (0)
None (0)
ABSTAIN:
ABSENT
Christy (1)
CITY COUNCIL MINUTES
245
AUGUST 2, 2004
75.B.
PUBLIC HEARINGS
PUBLIC HEARING - APPEAL NO. 2004-02 (HISTORIC RESOURCES
COMMISSION APPLICATION NO. 2003-45 AND HISTORIC REGISTER
CATEGORIZATION NO. 2003-47) - 924 NORTH LOWELL STREET (JOE
LOWELL HOUSE)
Filed by Fernando Astran to appeal the decision of the Historic Resources
Commission, which approved the placement and categorization of the
structure, located at 924 North Lowell Street (Joe Lowell House) as a Key
property on the Santa Ana Register of Historical Properties.
Historic Resources Commission adopted a resolution approving Historic
Resources Commission Application 2004-45 and Historic Register
Categorization No. 2003-47 at its June 3, 2004 meeting by a vote of 5-1
(Schaefer opposed, Gartner, O'Callaghan absent, Lutz abstained).
Legal Notice published in the Orange County Reporter on July 23, 2004
and notices mailed.
Councilmember Alvarez declared a potential conflict of interest
because of the proximity of this property to her residence and left
the room
Motion: Continue the matter to the September 7, 2004 City Council Meeting
per staff request
MOTION: Bist
SECOND: Garcia
VOTE:
AYES:
Bist, Franklin, Garcia, Pulido, Solorio (5)
NOES:
None (0)
None (0)
ABSTAIN:
ABSENT
Alvarez, Christy (2)
75.C.
AMENDMENT APPLICATION NO. 2004-03 - 1406, 1622, 1706, 1707,
1727, 1735 WEST SANTA ANA BOULEVARD AND 418 FOREST
STREET
Filed by property owners to amend zoning district for seven properties
from Community Commercial (C1) to Single-Family Residence (R1) to be
consistent with the Low Density Residential General Plan designation at
1406, 1622, 1706, 1707, 1727, 1735 West Santa Ana Boulevard and 418
Forest Street.
CITY COUNCIL MINUTES
246
AUGUST 2, 2004
8
8
8
PUBLIC HEARINGS
Legal Notice published in the Orange County Reporter on July 23, 2004
and notices mailed.
Recommended action approved by the Planning Commission at its July
12,2004 meeting by a vote of 7-0.
Staff presentation by Steve Harding, Executive Director of Planning and
Building Agency
Written communication: None
No public speakers; public hearing closed
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS-2658 - An ordinance of the City Council of the City
of Santa Ana rezoning the properties located at 1406, 1622, 1706, 1707,
1727 and 1735 West Santa Ana Boulevard, and 418 Forest Street, from
community commercial (C1) to single-family residential (R1) (AA NO.
2004-03 )
MOTION: Alvarez
SECOND: Garcia
VOTE:
AYES:
Alvarez, Bist, Franklin, Garcia, Pulido, Solorio
(6)
NOES:
None (0)
None (0)
ABSTAIN:
ABSENT
Christy (1)
75.0.
ABANDONMENT NO 03-04 TO VACATE A PORTION OF SYCAMORE
STREET SIDEWALK FROM SECOND STREET TO THIRD STREET
Legal Notice published in the Orange County Reporter July 23, 2004 and
July 30,2004 and notices mailed.
Staff presentation by Jim Ross, Executive Director, Public Works Agency
Written communication: None
No public speakers; public hearing closed
Motion: Adopt a Resolution.
CITY COUNCIL MINUTES
247
AUGUST 2,2004
PUBLIC HEARINGS
RESOLUTION NO. 2004-059 - A resolution of the City Council of
the City of Santa Ana vacating a portion of the east sidewalk on
Sycamore Street between Second Street and Third Street
(Abandonment No. 03-04)
MOTION: Alvarez
SECOND: Garcia
VOTE:
AYES:
Alvarez, Bist, Garcia, Pulido, Solorio (5)
NOES:
None (0)
None (0)
ABSTAIN:
ABSENT
Christy, Franklin, (2)
COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY
MEETING AT 7:50 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AT
7:51 P.M.
COUNCIL RECONVENED AT 7:52 P.M. WITH SAME MEMBERS PRESENT
Agenda Item 11 B taken out of order
Mayor Pulido declared a potential conflict of interest on Item 11 B because a
former business partner is a tenant in the proposed project site; he further noted
that in January, 2004, he became a member of the board of directors of a bank
which has loans on this project. Mayor Pro Tern Franklin stated that he would not
participate in the discussion or vote on this item to avoid the appearance of a
conflict since he had received contributions from the applicant during his recent
election campaign.
Mayor Pulido and Mayor Pro Tem Franklin left the meeting; Councilmember Bist
assumed the Chair.
ORDINANCES SECOND READING
Placed on first reading at the July 19, 2004 Council Meeting and approved
by a 4-1 vote (Christy-No, Franklin and Pulido absent)
CITY COUNCIL MINUTES
248
AUGUST 2, 2004
BUSINESS CALENDAR
8
Published in the Orange County Reporter on July 23,2004
Ben Grabiel, John Barneich, and Jeff Dickman spoke in opposition to this
project.
Stefanie Meurer, Federico Sayre, Michael Weisman, Jim Adams, William
Beaubeaux, Cynthia Criollos, James Kendrick, Tanya Weeks, Cheri Kerr,
and Larry Hitterdale spoke in support of the project.
Motion:
1. Adopt an ordinance.
ORDINANCE NO. NS-2649 - An ordinance of the City Council of the
City of Santa Ana rezoning the property located at One Broadway Plaza
from Midtown Specific Plan No.3 (SP-3) to One Broadway Specific
Development District (SD-75) (AA No. 2004-01); amending the Midtown
Specific Plan (ZOA No. 2004-02) and adopting the One Broadway
Specific Development District (SD-75
2. Adopt an ordinance
8
ORDINANCE NO. NS-2656 - An ordinance of the City Council of the
City of Santa Ana approving a development agreement between the City
of Santa Ana and One Broadway Plaza, LLC, 1200 N. Main, LLC, and
845 Broadway, LLC.
MOTION: Garcia SECOND: Solorio
VOTE: AYES: Alvarez, Bist, Garcia, Solorio (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Christy, Franklin, Pulido (3)
Mayor Pro Tem Franklin returned to the dais and assumed the Chair
COMMENTS
90.A.
PUBLIC COMMENTS
8
Don Yard addressed Council in opposition to Item 31 A; Yolanda and Dr.
Paul Lewanski addressed the Council in opposition to the annexation of
the County Island surrounded by Tustin Avenue to the west, Seventeenth
Street to the south and Newport Freeway to the east.
CITY COUNCIL MINUTES
249
AUGUST 2, 2004
COMMENTS
90.B.
CITY COUNCIL COMMENTS
Councilmember Garcia
. Thanked all the sponsors of the successful Kids Day Event
. Wished John Reekstin well in his new endeavors and wished Rip
Ribble well in his retirement
Council member Solorio
. Thanked Rip Ribble for making a difference as Executive Director of
Parks and Recreation
. Announced that the new Children's Zoo at Prentice Park is open
. Thanked the Police Department for putting out information for the
public relative to the new pocket bikes, and reminded residents that
these bikes are not toys and need insurance and vehicle registration
Council member Bist
. Emphasized the importance of keeping the 4th Court of Appeals in
Santa Ana and encouraged residents to contact Senator Dunn's office
relative to this issue
. Congratulated the Wilshire Square neighborhood association on its
successful summer concert
. Congratulated Rip Ribble on the occasion of his retirement
Councilmember Alvarez
. Reminded residents that the Tooth-aThon will be held on October 15-
16
. Thanked Mike Garcia and Rob Richardson for their work in making the
Kids Day event a success
. Congratulated the officers of Com-Link
Mavor Pro Tem Franklin
. Congratulated Rip Ribble on his retirement from the City
. Announced that Camp DEFY (Drug Education For Youth) took place
this year at Camp Pendleton from July 26th through July 30th. This
program is grant funded and strengthens the ability and determination
of its 9-12 year old graduates to resist the pressures of becoming
involved with illegal drugs and gangs
ADJOURNMENT - 8:40 p.m. - To August 16, 2004 - 5:15 p.m. - Police Chiefs
Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana,
California"
~r~~8
Clerk of the Council
CITY COUNCIL MINUTES
250
AUGUST 2, 2004