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Home My WebLink About2005-01-03MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA JANUARY 3, 2005 CALL TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:15 P.M. ATTENDANCE: Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tern CLAUDIAALVAREZ CARLOS BUSTAMANTE 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 PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Warren Johnson, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 Years of Service Mary Castillo -Gonzales Projects Manager, Public Works Agency Angi Christensen Secretary to the City Manager, City Manager's Office Chu -Yen Hsiao Senior Systems Administrator, Police Department Aurora Oviedo Crime Research Analyst, Police Department 25 Years of Service Bich Ta Senior Accountant, Finance & Management Services CITY COUNCIL AGENDA 3 JANUARY 3. 2005 EMPLOYEE SERVICE AWARDS 30 Years of Service Philip Archer Lieutenant, Police Department Dennis Robinson Fleet Equipment Technician II, Finance & Management Services SPECIAL PRESENTATION - Check presented by Matt Resvani of British Petroleum America, to President Peter Keller of the Bowers Museum to fund free tours and art classes to Santa Ana public school children PRESENTATIONS Certificates of Recognition presented by MAYOR PULIDO to the Santa Ana Unified School District Fullerton Math Scholarship recipients Enrique Flores and Thao Cao Certificate of Recognition presented by COUNCILMEMBER CHRISTY to Susan Mahony of Bonerts Slice of Pie recognizing the 2004 First Place National Pie Championship Award from the American Pie Council Certificate of Recognition presented by MAYOR PULIDO to Louis Olivos, Jr. for earning the Life Achievement Award at the Nosotros American Film Festival Certificates of Recognition presented by MAYOR PULIDO to the winners of the Library Stories Contest for their essays on "How the City of Santa Ana Libraries have impacted their lives" Certificates of Recognition presented by MAYOR PULIDO to the Santa Ana College Men's Soccer Team for winning the National Soccer Coaches Association of America Division III Final Certificates of Recognition presented by MAYOR PULIDO to Officer Charles Flynn in special recognition of your dedication to the Untied States of America in Operation Enduring Freedom Proclamation presented by COUNCILMEMBER GARCIA designating the City of Santa Ana as "A Place for Tennis" Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to State Farm Insurance for their contribution to the Santa Ana Grants for Blocks Program Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Richard Graham of QED/inc in recognition of 44 years in the engineering and development business SPECIAL PRESENTATION — By Dr. Willie Holmes relative to the Multi -Cultural and Black History Parade CITY COUNCIL MINUTES 4 JANUARY 3, 2005 OATHS OF OFFICE Administered by the Clerk of the Council to the following: Name Board Bailey J. Johnson Youth Commission (Alternate) Vesna Marcina Library Board Robin M. Christenson Recreation and Parks Board CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Mayor Pulido pulled items 19.C. and 31.13. (speaker cards) • Mayor Pro Tern Bist pulled item 31.A. • Councilmember Solorio pulled item 23.A. • Councilmember Christy voted "no" on item 31.C. • Addition of Closed Session Report, Item 19A Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. through B.) 10.A. ADJOURNED REGULAR MEETING OF DECEMBER 20, 2004 10.13. REGULAR MEETING OF DECEMBER 20, 2004 CITY COUNCIL MINUTES 5 JANUARY 3, 2005 CONSENT CALENDAR BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT — DECEMBER 29, 2004 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Vacancies Ward Environmental Transportation Advisory Committee (ETAC) 2 NA Community Redevelopment / Housing Commission 2 Sec. 8 Tenant & Sr. Sec. 8 Tenant Youth Commission —Alternate 2 4 & 6 Youth Commission — Regular 1 1 TOTAL 7 BOARD/COMMISSION EXPIRED WARD TERMS Board of Parks & Recreation 4 1,3, 6 & Mayor Cable Television Advisory Board 4 1,3,5 & Mayor Community 4 1,3,5 & Mayor Redevelopment/Housing Commission Environmental & Transportation 4 1,3,5 & Mayor Committee Historic Resources Commission 4 1,3,5 & Mayor Human Relations Commission 5 1,3,5, Mayor & At Large Library Board 4 1,3, 5 & Mayor Personnel Board 4 1,3,5 & Mayor Planning Commission 3 1,3 & Mayor Youth Commission — Regular 4 1, 3,5 & Mayor Youth Commission — Alternate 3 1,3 & 5 TOTAL 13.B. Appointments 43 Motion: Appointment John Crvarich, Lawrence R. Labrado Jr., and Wilfredo Ortega to the Santa Ana Workforce Investment Board CITY COUNCIL MINUTES 6 JANUARY 3, 2005 CONSENT CALENDAR 13.C. Appointments Motion: Appoint. Reappoint Blair O'Callaghan to the Historic Resources Commission recommended by Councilmember Bustamante as the Ward 3 representative for a full -term expiring on November 30, 2008 Appoint Glenn Stroud to the Community Redevelopment and Housing Commission recommended by Councilmember Bustamante as the Ward 3 representative for a full -term expiring on November 30, 2008 (Replacing Bustamante, C.) Appoint James R. Gartner to the Planning Commission recommended by Councilmember Bustamante as the Ward 3 representative for a full -term expiring on November 30, 2008 (Replacing Sinclair) 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.C.) Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 12/20/04 12/16/04 11:20 am 15.13. Revised City Council Agenda 12/20/04 12/17/04 4:35 pm 15.C. Adj. Regular Meeting Agenda 12/20/04 12/17/04 4:35 pm MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree Date 16.A. Williams Institute, Inc. 2004 Holiday Buffet & Village Keeper Awards 12/16/04 CITY COUNCIL MINUTES 7 JANUARY 3, 2005 CONSENT CALENDAR 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 the City Council Meeting. 17.A. FINAL TRACT MAP NO. 16635 — 5017-5021 WEST SIXTH STREET AND 5022-5026 WEST SEVENTH STREET Motion: Receive and file. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Jose Melendez vs City of Santa Ana, Case number AHM 0104029 234845 compromise and release in the amount of $50,000 19.6. EXCUSED ABSENCES — None ® ®s eI . . ®e Continued from the December 20, 2004 City Council Meeting by a 6-0 vote (Pulido abstained) Mayor Pulido declared a potential conflict of interest because of the proximity of his business and left the room; Mayor Pro Tern Bist assumed the Chair. Bob Stewart and Manuel Pena spoke in support of levying the assessment at 100% and creating two separate Business Improvement districts; Michael Macres spoke in opposition to the Downtown Santa Ana Business Improvement District Motion: Approval of the 2004 Annual Report, the 2005 Budget for the Downtown Santa Ana Business Improvement District and the CITY COUNCIL MINUTES 8 JANUARY 3, 2005 CONSENT CALENDAR resolution of intention (No. 2004-093) to levy an annual assessment for 2005 and setting the time and place for the public hearing to be held on January 18, 2005, all as set forth in the Staff Report, with the following changes: 1. That the 2005 Annual Assessment Formula set forth in Attachment B of the Annual Report be amended by deleting reference to the reduction by 25 percent in each business category; 2. That the Budget Summary for 2005 set forth in Attachment C of the Annual Report be amended by (a) increasing the BID Assessment revenue from $35,000 to $140,000 thereby increasing the Total Operating Revenue to $240,000, and (b) adding the following two new line items in the Operating Expense i. Maintenance (Litter Enhancement) and Downtown Lighting Program--$52,500 ii. Downtown Promotion and Marketing--$52,500 3. That Resolution 2004-093 be amended as follows: I. Delete Paragraph 2 II. That the reference in Paragraph 5 to the Annual Report be "as revised" III. That the second sentence of Paragraph 7 be deleted 4. That City Staff work with the Community Redevelopment Housing Commission and the downtown community to develop a new BID structure that creates two benefit zones with appropriate new governance procedures for adopting assessments and budgets for those zones. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) CITY COUNCIL MINUTES 9 JANUARY 3, 2005 CONSENT CALENDAR BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.C.) 22. A. SPEC. NO. 02-065 - RADIATOR AND AIR CONDITIONING SERVICE - Renew the contract with A-1 Radiator for a one-year period in an amount not to exceed $25,000 — Finance and Management Services Agency 22.13. SPEC. NO. 02-103 - OVERHEAD DOOR MAINTENANCE — FIRE DEPT. - Renew the contract with Commercial Door of Orange County, Inc. for a one-year period in an annual amount not to exceed $44,764 - Finance and Management Services Agency 22.C. SPEC. NO. 04-140 — CARPETING - Parks, Recreation & Community Services Agency - Amend the contract with Precision Floor Covering, Inc. in the amount of $1,990 for a total amount not to exceed $11,313 - Finance and Management Services Agency PROJECTS Motion: 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $2,731,719.36 2. Approve a Funding Analysis with a total estimated construction cost of $3,416,000 MOTION: Solorio SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 10 JANUARY 3, 2005 CONSENT CALENDAR 23.13. CONTRACT AWARD FOR WILSHIRE AVENUE NEIGHBORHOOD WATER MAIN IMPROVEMENTS (PROJCET 05-3193) Motion: 1. Award a contract to Engineered Plumbing, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $460,300 2. Approve a Funding Analysis with a total estimated construction cost of $575,500 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.D.) 25.A. AGMT NO. 2005-001 - CHEVRON USA GASOLINE SERVICES — Execute an amended agreement with Chevron USA to increase the aggregate limit by $10,000 for the purchase of fuel, in an annual amount not to exceed $20,000 — Police Dept. 25.B. AGMT NO. 2005-002 - POLICE JAIL SECURITY SYSTEM - Renew an agreement with MASK Systems in an amount not to exceed $396,350 — Police Dept. 25.C. AGMT NO. 2005-003 - VETERINARY SERVICES — With Dr. Lome Boldrick for a period of one year in an amount not to exceed $40,000 - Parks, Recreation & Community Services 25.D. AGMT NO. 2005-004 - VENDING SERVICES - Execute a five-year agreement with American Hot Food Systems for beverage and snack vending services at various recreation centers and parks throughout the City — Parks, Recreation & Community Services MISCELLANEOUS BUDGET 29.A. ACCEPT DONATION OF CAMERA AND PRINTER DOCK - POLICE DEPT. Motion: Authorize the acceptance of a digital camera and printer dock from a local citizen. CITY COUNCIL MINUTES 11 JANUARY 3, 2005 CONSENT CALENDAR CONDITIONAL USE PERMIT / VARIANCES �€ i I a® . - Filed by Caribou Industries to provide exception from various provisions of the sign code for the Orange County Performing Arts Pavilion at 801 North Main Street. Recommended action approved by the Planning Commission at its December 13, 2004 meeting by a vote of 6-0 (Cribb absent) Motion: Receive and file the staff report approving Variance No. 2004-10 (131) for Sign No. B; (C1) for Sign No. C; (131) for Sign No. D; (D2) for Sign No. D; (D3) for Sign No. D; (D4) for Sign No. D; (D5) for Sign No. D; and (E1) for Sign No. E as conditioned. MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ( V k 1�llVtrt ,1�1 Jt�(�1 h� h�#1(�II, T�� Filed by Caribou Industries to allow off -site parking for the Orange County Performing Arts Pavilion at 801 North Main Street. Recommended action approved by the Planning Commission at its December 13, 2004 meeting by a vote of 7-0 Applicant: Caribou Industries Debbie McEwen and Jeff Dickman raised concerns about parking and traffic related to events at this venue and asked that protections for the neighborhood be put in place. Bob Stewart spoke in support of the variance request Motion: 1. Receive and file the staff report approving Variance No. 2004-08 as conditioned. CITY COUNCIL MINUTES 12 JANUARY 3, 2005 CONSENT CALENDAR 2. Instruct staff to report back to the Council and in the interim to work with the neighborhood to address any traffic intrusions in the residential area and further instruct staff to implement conditions 8 and 9 in the variance in a fashion that would address the neighborhood's concerns MOTION: Bist VOTE AYES: NOES: ABSTAIN ABSENT: SECOND: Alvarez Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) 31.C. CONDITIONAL USE PERMIT NO. 2004-29 — 2116 3/< WEST MONTE VISTA AVENUE Filed by Delta Engineering Groups for Sprint PCS to construct a 50-foot monopine wireless communication facility in the Open Space (0) zoning district at 21 163/ West Monte Vista Avenue. Recommended action approved by the Planning Commission at its December 13, 2004 meeting by a vote of 7-0 Applicant: Delta Engineering Groups Motion: Receive and file the staff report approving Conditional Use Permit No. 2004-29 as conditioned. (Councilmember Christy voted "No" on this item) *** END OF CONSENT CALENDAR *** COUNCIL RECESSED TO THE JOINT SESSION BETWEEN THE CITY COUNCIL AND THE SANTA ANA FINANCING AUTHORITY AT 8:39 P.M. FOLLOWED BY THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY BUSINESS CALENDAR 25.E. RELOCATION OF 4T" DISTRICT COURT OF APPEAL FACILITY CITY COUNCIL MINUTES 13 JANUARY 3, 2005 BUSINESS CALENDAR Motion: Continue for 2 weeks pursuant to request from State Office of Court Construction and Management MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECONVENED AT 9:29 P.M. WITH THE SAME MEMBERS PRESENT COMMENTS At this time, Mayor Pulido announced that the Council would hear comments from the public on matters within the subject matter jurisdiction for the following agencies: Santa Ana Financing Authority, Housing Authority, Community Redevelopment Agency and City Council 90.A. PUBLIC COMMENTS Dr. Dylan Rodriguez, William Kolar, Anwar Domingues, Karla Lopez, Scott Sink, Justin Nichol, Alec Marken, Debbie LeAnce, Duane Roberts, Alma Ramirez, Ellen Reese, R.J. Schwichtenberg, and Naui Huitzilopochtli, addressed the Council relative to concerns related to police response at a recent protest in Santa Ana Stanley Fiala raised concerns related to the priority of safety in the City Alex Vega expressed support for the Santa Ana Police Department Debbie McEwen thanked the Council for the action taken with respect to item 31 B on the agenda 90.B. CITY COUNCIL COMMENTS Councilmember Garcia Wished everyone a happy new year CITY COUNCIL MINUTES 14 JANUARY 3, 2005 COMMENTS • Congratulated Mater Dei graduate Matt Leinart for receiving the 2004 Heisman Trophy • Asked the Council to adjourn in memory of Alex Ugarte who was a Santa Ana City employee • Asked the Council to adjourn in memory of Nicholas and Emilia Casas who were murdered in their Santa Ana home Councilmember Solorio • Noted that he and five other Councilmembers participated in the Rubber Boot Race held in Santiago Park on January 2, 2005, and announced that the event had raised $5,000 for the City's parks • Reported that construction on the Grand Avenue Rehabilitation project from Edinger to Warner was scheduled to begin on January 4, 2005 • Acknowledged the excellent work of Manuel Gomez, Transportation Manager who was leaving for a position in Irvine • Announced that Crevier BMW was having a groundbreaking ceremony for their new center • Announced that Lou Correa was sworn in as the new County Supervisor representing Santa Ana and that he is the first Santa Ana resident on the Board of Supervisors • Asked staff to work closely with Assemblyman Tom Umberg who was elected in November and represents Santa Ana • Wished everyone a Happy New Year and thanked all the voters who elected him in November to serve another four years on the Council Councilmember Christy • Thanked Councilmember Alvarez for organizing the Council's participation in the Rubber Boot Race and thanked the Assistant City Manager's son, Skyler Kurita-Wilson, for staying with her during the entire race and giving her the encouragement she needed to complete the course. Mayor Pro Tern Bist • Thanked Councilmember Alvarez for organizing the council participation in the Rubber Boot Race and noted that this was the Council's first team building exercise for the new year • Asked staff to keep Bob Ward of the Santa Ana Winds apprised of when he needs to vacate the Detention Center site • Asked the Council to adjourn in memory of Alex Ugarte who was an eighteen year Santa Ana City employee and was the current Accounting Manager in the Finance and Management Services Agency CITY COUNCIL MINUTES 15 JANUARY 3, 2005 COMMENTS Councilmember Alvarez • Asked the Council to adjourn in memory of Nicholasa Camacho Serrano who was the mother of Martha Madrid and the mother-in-law of City Parks and Recreation Commissioner Max Madrid. She noted that Nicholasa was known for her compassion and volunteer work in the City's Senior Centers • Thanked the community for re-electing her in November for another term Councilmember Bustamante • Thanked the voters in Santa Ana for electing him in November and thanked his supporters • Congratulated Matt Leinart on his achievement as the 2004 Heisman Trophy winner • Wished everyone a Happy New Year ADJOURNMENT - 9:42 P.M. — To Tuesday, January 18, 2005 — 5:15 p.m. - Police Chief's Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana, California Adjourned in Memory of Mr. Nicholas & Mrs. Emilia Casas Nicholasa Camacho Serrano Alex Ugarte 4PaTriZcia E. Healy Clerk of the Council CITY COUNCIL MINUTES 16 JANUARY 3, 2005