Loading...
HomeMy WebLinkAbout FULL PACKET_2005-08-15 ( ~. ( CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes June 28, 2005 CALL TO ORDER The meeting was called to order at 5:40 p.m. in Conference Room 1602, City Hall Ross Annex. ATTENDANCE The following Councilmembers were present: Lisa Bist, Alberta Christy, Carlos Bustamante Staff present were: Stephen Harding, Deputy City Manager for Development Services; Jay Trevino, Executive Director/Planning and Building Agency; Ben Kaufman, Chief Assistant City Attorney; Bruce Dunams, Community Preservation Manager; and Estella Rodarte, Senior Community Preservation Inspector. AGENDA ITEMS 1. APPROVAL OF MINUTES - MAY 24, 2005 MEETING Approved by a vote of 3:0 2. DEPUTY COUNTY HEALTH INSPECTION PROGRAM UPDATE The committee briefly discussed the County's program. Additional review of the County's program is necessary. Dialogue to continue on the feasibility of the program. 3. MOBILE VENDING TRUCK ORDINANCE DISCUSSION Bruce Dunams presented an overview of the proposed Phase II ordinance. The presentation involved discussion of the following: time limits, revocation and program costs. The committee requested staff to explore the feasibility of implementing a Global Positioning System (GPS) tracking system with all associated costs and to present results at the July meeting. 4. GARAGE PRE-SALE INSPECTION PROGRAM Bruce Dunams presented an overview of the process flow and staffing needs. Staff was directed to prepare a timeline for notification to the affected parties in the anticipation of a pre-sale program. 5. SHOPPING CART ORDINANCE DISCUSSION Ben Kaufman presented an overview on shopping carts. Mr. Kaufman shared information on shopping cart programs from the cities of Pasadena, Glendale and Buena Park. Discussion followed on the costs involved for shopping cart retrieval and how the cities work in conjunction with the California Grocers Association. 138-1 / ( Staff was directed to investigate possible alternative solutions to address the shopping cart concerns. 6. PUBLIC COMMENTS Discussion ensued on signage on mobile vending vehicles and the need to maintain uniformity with the program. Dorothy Newhouse asked if a vending station is being proposed for a location within the 1600-1700 block of East Normandy. Staff informed Ms. Newhouse that a vending station is being proposed there pending final approval. Glenn Stroud asked if staff would be available to interview the retailers for the shopping cart retrieval program. Julie Stroud presented photos of two commercial locations with code enforcement violations at 1401 and 1601 North Main Street. Both locations have exterior walls that are being used as a community bulletin board. Bruce Dunams noted he would address Ms. Stroud's concerns. (-- Rita Corpin mentioned that some mobile vending vehicles are selling pellet guns. Mr. Kaufman informed the public that the sale of pellet guns or any toy guns is prohibited. Ms. Corpin requested the information package be mailed to her for the next NICE Committee meeting. 7. COMMITTEE MEMBER COMMENTS - None 8. ITEMS FOR NEXT MEETING A. Deputy County Health Inspection Program Update B. Mobile Vehicle Vending Program Ordinance Discussion C. Garage Pre-Sale Ordinance Discussion D. Shopping Cart Ordinance Discussion 9. TING DATE: Tuesday, July 26,2005 uc nams ommunity Preservation Manager S:Council CommlNICE CC/NICE Minutes 06-28-05 ( Neighborhood ImprovemenUCode Enforcement Council Committee Minutes 2 June 28. 2005 138-2 MEMORANDUM ~ ~ To: Mayor and Councilmembers June 17, 2005 Date: From: Clerk of the Council ~ BOARDS AND COMMISSIONS APPOINTMENT Subject: For your information, Rigoberto Rodriguez has been recommended by Councilmember Solorio to serve on the Planning Commission as a regular representative, and will be placed on the June 20, 2005 Council agenda for appointment effective July 1, 2005. Please call me if you have any questions. I:\BOARDS\2005\Nomination Letter\NOMINA TION MEMO. doc CS 808 13C-1 CITY OF SANTA ANA ZUJ5 -7 PrI 3: 15 APPLICATION FOR SERVICE BOARDS I COMMISSIONS I COMMITTtTfy 0 C' E r.". '.' I ... ',: .,.; L f\l. \ Name (Mr., Mrs., Ms.) Rigoberto FIRST MIDDLE T}:\ t\ r4 A !l ;"J It- Rodriguez LAST Home Address 918 E. Park lane Ward: ...3 Precinct: (j),8 31 t.o (to be completed by CIeri< staff) Zip Code 92705 Home Phone (714) 289-1062 Fax (714) 289-1062 E-Mail riqoberto@sbcQlobal.net Pager/Mobile 714.504.7446 Other Employer self employed/Rigoberto Rodriguez Consulting, Inc. Occupation: Community Planning Work Address 918 E. Park lane City: Santa Ana Zip Code: 92705 Work Phone: 714.504.7446 Soc. Sec. NO~ Driver's license No. Birth Date Spouse's Name: Rosalba M. Hernandez Years Lived/Worked in Santa Ana 12 Language(s) Spoken: EnglishlSpanish Organizations (Professional, Community, Service or other) o Community Redevelopment & Housing Commission, Santa Ana o American Association of Geographers Educational Background: B.A. Comparative Literature/Spanish Literature (UC Irvine/1993); M.A Urban & Regional Planning (UC Irvine/1999) Ph.D. Candidate, Urban Geography (USC/Expected Completion: August 2005) Remarks (attach resume if available) List Board(s)/Commission(s) you would like to serve on: 1) Planning Commission 2) Community Redevelopment & Housing Commission 3) Santa Ana Workforce Investment Board I am a registered voter in the City of Santa Ana. I have completed this application with the knowledge and understanding that any or all items may be verified. I consent to the release of info~ contained in this application to interested parties. EXCEPT SOCIAL SECURITY # & DRIVER'S LICENSE ~ NO U E THESE TWO FOR INTERNAL PURPOSES ,. I ~ SIGNATURE DATE 6 _6 LOv . * This field must be comple in order for application to be processed. This application will be retained , ~ e: ~rk of the Council Office for 2 years. RIGOBERTO RODRIGUEZ 918 E. Park Lane Santa Ana, CA 92705 714.289.1062 (home) 714.504.7446 (mobile) riqoberto. rod riq uez\illatt. net Department of Geography University of Southern California Kaprielian Hall, Room 416 Los Angeles, CA 90089-0255 213.740.0050 EDUCATION 1999-Present Doctoral Candidate in Urban Political Geography University of Southern California O1ssertation Title: "Fadlitating Active Citizenship: Local Governance And Mexican Immigrants in Santa Ana, California" Research Interests: immigrant political incorporation; race and immigration in urban areas; community-based nonprofit organizations; the local state; multi-stakeholder community planning; neighborhood community development. 1997-1999 Masters in Urban ft Regional Planning University of California, Irvine Program Emphas'is: community health and community development; 'inclus'ive community planning pt"'ocesses for inner-city neighborhoods. 1988-1994 Bachelors of Art in Comparative Literature ft Spanish Literature University of California, Irvine Double Major, Magna Cum Laude & Phi Beta Kappa Interests: Critical Theory, Cultural Studies, race and ethnicity, and Chicano/a history, culture, and literature SELECTED AWARDS & HONORS . Recipient, Diversity Fellowship, University of Southern California (2002 to 2oo4} . Senior Irvine Fellow, University of Southern California, Center for the Study of Race and Ethnicity, Dissertation Workshop (2003) . Recipient, Ford Foundation Pre-Doctoral Fellowship for Minorities (1999 to 2002) . Executive Officer of the Year, USC Graduate & Professional Student Senate (2000-2001) . Continuing Graduate Student Award, California Planning Foundation (1998-1999) . Scholarship, CORD Orange County Leadership Program, (1992) . Selected Undergraduate Awards: Dan & Jean Aldrich Scholarship, UC Irvine Undergraduate Fellowship (1992-93); Howard Lawson Memorial Scholarship, UCI School of Humanities (1991); Chancellor's Research Fellowship, UC Irvine (1991-1992); Minority Summer Research Institute Program, UC Irvine (1992); National Hispank Scholarship Fund (1991). RESEARCH EXPERIENCE July-Dee 2002 Research Associate Cultural Ethnography of Civic Information: Delhi Neighborhood's Social Networks, Information, And Civic Involvement. Prindpal Investigators: Rfck Pullen, Ph.D., Cal State Fullerton, & Dennfs Foley, M.A., OC Regfster. Funded by the Pew CMc Trust. . I conducted 18-fn depth key fnformant fnterviews, 4 focus groups, and extensive field work to understand how fndividuals and groups fn the Delhf neighborhood find out about neighborhood issues and get involved in neighborhood civic action. Research Assistant The Sodo- Spatial Facets of Sodal Networks of People of Color with HIV I AIDS. PrindpallnvestigatOJ": Lois Takahasm, Ph.D., Urban and Regional Planning, UC Irvine. . I conducted 20 in-depth fnterviews and 8 focus groups with persons IMng with HIV / AIDS, and coordinated team of 17 students who conducted 60 interviews and a survey of over 200 people living with HIV / AIDS. Sep 1997- Aug 1999 Sep 1993- Aug 1994 Research Assistant Mexican Immigrants and Public Service Utilization in Orange County PrindpallnvestigatOJ": Manuel Garda y Griego, Ph.D., Politics & Society, UC Irvine. . I collected demographic data on public service utilization rates of Latino immigrants in Orange County, and conducted an analysis of prominent fiscal impact studies of immigrants. PUBLICATIONS Work-in-Progress Rodriguez, R. (2005). "This Is Now My Neighborhood: Mexican Immigrant Place-Making Practices And Civic Action" Rodriguez, R. (2005). "Building Strengths: Organizational Capadty Building Among latino Immigrant Transnational Grassroots Organizations." (In collaboration with other authors.) Co-Authored Academic Articles Takahashi, Land R. Rodriguez (2002). "Access Redefined: service pathways of persons living with HIV and AIDS" Culture, Health & Sexuality, VoL 4, No.1: 67-83 Takahashi, L., Douglas Wiebe, and R. Rodriguez (2001). "Navigating the time-space context of HIV and AIDS: daily routines and access to care" Social Science & Medfdne, VoL 53: 845-863 Professional Reports & Articles Rodriguez, R. (2002). "Cultural Ethnography of CMC Information: Delhi Neighborhood's Social Networks, Information, And Cfvic Involvement." Prepared for the Ora~e County Register and the Pew Civic Trust. Rodriguez, R. (2000). "Who wm Be At Your Funeral? Oe-Mistifying Evaluation." Future Searchi~, Fall 2000. Rodriguez, R. (1999). Delhf Healthv Neighborhood Inftiative. Prepared a Professional Report for Master's Program that develops a framework for launching a healthy neighborhood initiative in the Delhi neighborhood fn Santa Ana. Key recommendations were fmplemented by agency. Rodriguez, R. (1998). Pr~ram Evaluation Plan: Humanities OUt 11lere (H.O.T. ). Prepared for Julia R. lupton, Ph.D., Director for program rendering supplemental academic (humanfties) instruction in Santa Ana elementary schools. Book Reviews Rodriguez, R. (2001). "On Alicia Gaspar de Alba, Chicano Art: Inside/Outside the Master's House: Cultural Polities and the CARA Exhibit" Etmes, Place and Environment Vol 4, No.2: 191-195 Rodriguez, Rigoberto-Resume 2 SELECTED VOLUNTEER EXPERIENCE Present &- Recent Experiences Appointed Member. Commmity Redevelopment &- Housing Commission, City of Santa Ana (February 2003 to Present) Board President, San Gabriel VaHey Conservation Corps, a non-profit agency dedicated to working with high-risk youth through leadership &- workforce development) (2002- Present) Proposal Evaluator, United Way of Orange County, Children's Health Initiative- February-April, 2003 Proposal Evaluator, Cesar Chavez Memorial Grants, State of California (January 2(01) Vice President. Academic Affairs, USC Graduate ft Professional Student Senate. Principal coordinator of the Fourth Annual Graduate Student Interdisciplinary Conference, "Beyond Black &- White Reception: Race in the 21st Century." Over 350 participants. (April 2001 ). Graduate Student Representative, Geography Department (2000-01) Past Affiliations Board Member, Delhi Center (1998-1999) Core Member, Community Outreach Partnership Center-HUD-Funded (Santa Ana College, UC Irvine, Delhi Center, and Warwick Square Apartments) (1997-1999) Board Member, Coalition of Children, Adolescents, &- Parents (1996-98) Board Member, UCI Alumni Association (1996-1998) Vice-Chair, Santa Ana Youth Alternatives Collaborative (1996-1997) Co-Chair. Orange County HIV Prevention Planning Committee (1996) Member, Orange County HIV Planning Advlsory Council (1994-1996) Selected UC Irvine UnderS!raduate Volunteer/Work Experience: Student Body President (1992-1993); Resident Advisor, Native American Intertribal University Program ISummer 1992); Vice President Acadenric Affairs, Student Government (1991-1992); Resident Advisor, Summer Bridge, for first-year students from underrepresented populations; Co- Chair, MEChA (1990-1991); Co-Editor, la Voz Mestiza (1988-1990). Rodriguez, Rigoberto-Resume .4 I)"" r 3 1_- _ WORK EXPERIENCE Jan 2001- Present Oct 2001- Aug 2003 Dec 2001- June 2002 June 1998- June 2001 June 1993- Aug 1998 Principal Consultant, Rigoberto Rodriguez Consulting, Inc. Provide organizations and communities with planning and facilitation support to launch community health and community development initiatives largely targeting Mexican immigrant communities and Communities of Color. Associate Director. Academic Programs, USC McNair Scholars Program This program targets students are from first-generation, low-income families and/or from underrepresented ethnic/racial groups in academia-who are interested in pursuing a Ph.D. I developed and taught a research design course and coordinated workshops on financial aid, statements of purpose, GRE preparation, and professor- student mentoring activities. Consultant , Orange County Children & Families Commission Evaluated proposals targeting at-risk children 0-5 and their families in Orange County, and served as capacity building consultant for five small non-profit organizations. Associate Consultant, Orange County Future Search Network Assisted in planning and fadlitating six Future Search Conferences and other large Group Interventions in Orange County addressing the following issues: afforclable housing; emancipating youth; revernng alcohol trends in the latino community in Santa Ana; developing a strategic plan for the Orange County Human Relations Commission; developing strategic directions for Delhi Center in Santa Ana. Program Coordinator, Delhi Center, Santa Ana 1996-1998: Coordinated neighborhood health and human service programs for this nonprofit agency, including senior services, emergency and monthly food assistance, youth summer enrichment & training program, parenting education (teen pregnancy prevention), and neighborhood special events. Supervised & trained five staff, eight youth summer employees, and volunteers, and actively partidpated in youth & neighborhood policy committees in Santa Ana. 1993-1996: Planned, coordinated, and evaluated two HIV-prevention programs aimed at latino gay & bisexual men, latino transgenders, latina immigrant women, and two service access programs working with HIV-positive Latinos in Orange County. Supervised & trained eight staff members, and actively participated in County HIV Policy Committees. Rodriguez, Rigoberto-Resume 4 ;, J,.t~1f...05 ~~ 06: 01 pm F rom-2 +161287677505 T-812 P,OOl/002 F-361 GL SB &R UllI..l!IIIII.I ~7al_'JIlIM' "'II"T ....J:UI\11lllOk 1.11,' A~CI!W.1lI ,.......~. 111O~1 IS,ulfrI'J""I' >UI"D) ..,-..... 1~.._lIIl1nl]NT"I' liau.... MA.llIlIn"P.1I'I' l"TllnnOIl O....SGI. Co N1C~"'J JlIJIUNU ftl'. ''':I.IJltlU 'AXi'li, '11;\....,'91 II&UIIIWl Cl7~ loXC:,,,rru IIUIlLI:t,wu ,;tJl1'Il.1I j:J"CI"'nA~ D..fH..4-.n', PIJO."'tlt llM) 6,4ooC1..'4 JAX 1'~'J u.-.~~ rl'ltA"".Mrr.1I i-' trlllrvl:.IIIlII'l Y A~CJ;tJ. jUlnlJ7n RI1rI!IbU~".. Co\ !Jl\I.I-)l... 1'11131"11 ('Jlill 771t-,nti I'AllUsll ThlI!lJ.U r......_. '11&11I _~...ra 'llUJ ItI!DWOOO DOULIMIIU :;ltITU,I". IIOlllTO. C& 1k!ld IIII~~I! l.lt'....J.'.'Nt '",,[il\} "'1-7'1.'. """""11 ""I'N'I' hln.... IiliH TCU:""O~e kOW l>t~no :" '~"1Il"'l\\ ~~"fll'nH pllD..! (lll'" ,i"lII-G,ni V.\II htnn '504-11.""" ...rv....onl l<lllll~fll ~.IIK OIU~G ~][TI!:IS.a ....IItUIUl'\tgl 'It :)S.ll '1I0~IIJI'J !Jl]-7~U bJ( 1"J 1M .,J.I."'!J2 DllJlIaII ....u "14......1.1.' .:Ii1J1T~ zoo ..X IW- a IlI'~ t1IQI\II.DlIIJ1'lnn t'U (-lOll' 1:111-161. ",^",II"Pn" ~ Uftft..-.G !IHII.N.\II<.IIUM! :tun&. 24. ;rrar:"TON:. to\. '~LI. I'II/lWK ll,lfl.''.10401 tMUG:lt..1"''I-1'l1l WlIlIll4 1 hlll~. 1'II1I~~n :.T~IIUT lulU, po nUjiND. ~ !.fJUG 1.IO~lIll1DI ~J".Il~ "" /Upl H~,ol.l~' I'lllfl'R 1111JftDI'W: il n Jh>>r,:rmllaPi&;. t;1"'LU 11l'ITIIJU" CIIICII, r.l9!97!.4"'. hlilrcll (SJII) "~-"'~1 VAX ('SO) .~I..a.u'l GRANCELL, LEBOVITZ, STANDER, BARNES AND REUB ENS ATTORNEYS AI' LAW A PROPIlSSIONAL cOIIPOIlArION 600 SOUTH MAIN STREBT, TEN"rH FLOOR ORANCE. CAUPORN.lA 92868-<1643 PHONE (714) 543.90~O lAX (714) ?4;5-9l~O PRIORITY Jtlly 17) 2005 The Honorable Migtlel Pulido Santa Ana City Hall Santa Ana, CA. 92706 Re: City Council Agenda Item 13(b) Dear Mayor Pulido: I leanled only yesterday of the Agenda item on tonight's City Council Meeting concerning Tom Lutz. Athough 1 have not heard what Mr. Lutz is alleged to have done to merit his removal from the PlalUling Commission, it came as quite a surprise to me. As you may know~ Mr. Lutz is a Preservation Award winner, the founder of, and twice-past president of Washington Square. and a former member of tbe City Council fOr eight yeat.s. He is certainly one of the City's staunchest supponers. I am told that tonight's Council meeting will be Mr. Lutz's frrst opporttmity to hear the allegadon(s) against him, and that the item vote will be cast tonight. I would think that someone being considered for removal from an important body like the Planning Commission, would be given more opportunity to prepare his rebuttal to such charges~ prior to the casting of the Council's vote. Apart from my respect for Mr. Lutz's past efforts for our City~ tonight's process simply sounds uncharacteristically unfa.ir. 130-1 11 ' .', "Jui'-l't-06' 05:01pm From-2 +161297677505 T-912 P,002/002 F-361 The Honorable Miguel Pulido Re: Item 13(b) July 16, 2005 Page 2 Since I cannot attend the meeting personally this evening) if you would convey my comments to the other Council members, I would appreciate it. Sincerely, GRANCELL, LEBOVITZ) STANDER, BARNES AND REUBENS A ProfessIonal Corporation ~/~ By: Angel Barnes AB\eak 130-2 MEMORANDUM ~ ~ j~ City Council Meeting Date: August 15, 2005 David Ream To: City Mavt'ager Date: August 1,2005 ~. e . Ross, Executive Director From: PubJ{c Works Agency / Subj~ct: N.srtification that City Engineer is Reviewing Final Parcel Map No. 2002-133 for i ~pproval \... / Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2002-133 (City Parcel Map No. 2005-03), for 3400-3500 West Warner Avenue (Exhibit I), from the owner, Grove Investment Company, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2002-133 was approved by the City Council on April 4, 2005. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of August 15, 2005. cc: Mayor and City Council City Manager Deputy City Manager of Development Services Clerk of the Council FinaIParceIMap2002133ReviewNotice8_15_ 05 17 A-1 :..- "U OJ -. () ~ s: OJ "'0 ::J !=> N o o N I ...... W W o -...l -- N CO -- N o o 01 o CO 6 -...l W N )> s: r- , I I , I WARNER AVENUE ~ ~~ r~~'0..'" ,"""'~~ I ~0~~~~~'~~ ~~~~~"'" ~ ~~#~a~_~ "a PARCEll '/~ P~CEL2 ~~~",:::: "'~~~~.~ ~~~~~~~'~~ .~~~ :'\.~,~~ ">*" ~ ~0."'-~ ~a~~~ ~~~~~ ~ "'- '" '" "'''' '" '" "''''-'''-'''-'''-''' '\. '\. '\. ~",-",,,, '\. '\. '\. '<""'" "'''' ~ '" " " '" '" '" '" ~ ",-",-",-",,,,,,,-,,,-,,,-,,,,,, ",,,,,,,,,,-,,\: ,I /. ~- ~ , I , I lu . ~ ! ti f ~ i U) :J U) () SANTA ANA CITY COUNC I L TITLE: t PW A ! AGENDA DATE: PARCEL MAP 2002-133 ~l'\8.c~OG(lICy~UGUST 15. 2005 340013"1~-2EST WARNER AVENUE f , I '0 i~ I..... ':J 10 ,m Ia; '0 1m !~ I . I . I , I , I . 1 SEGERSTROM AVENUE , I ~----~-----------~-------------------------~----- EXHIBIT 1 W ...J < (J Vl o ~~ ~ REQUEST FOR COUNCIL ACTION ~ ~ 4' CITY COUNCil MEETING DATE: CLERK OF COUNCil USE ONLY: AUGUST 15, 2005 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FEDERAL FUNDS FOR BRISTOL STREET WIDENING APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For / 4- ~-L 1V.t...~ / / CITY MANAG / / V CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment accepting Federal funds amount of $6,221,000 into the Select Street Construction fund no. 59-01-5342) and appropriating funds to the Select Construction fund (account no. 59-551-6631) for the Bristol Widening project between Third & Pine Streets. in the (account Street Street DISCUSSION In the 1998 Transportation Bill, the City received Federal Demonstration grant funds in the amount of $5.25 million earmarked for the Bristol Street Corridor. In Fiscal Year 2003/2004 the City received National Corridor Planning and Development Program grant funds in the amount of $971,000. wi th the implementation of the Bristol Street Widening from Pine to Third Streets, the right of way acquisition phase is in progress. An appropriation adjustment is needed to recognize these funds for use in this project. The funds will be used for right of way acquisitions necessary for the Bristol Street Widening. The acquisitions are scheduled to be completed in late 2005. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 20A-1 Appropriation Adjustment Accepting Federal Funds For Bristol Street Widening August 15, 2005 Page 2 FISCAL IMPACT Funds in the amount of $6,221,000 will be deposited into the Select Street Construction fund (account no. 59-01-5342) and appropriated to the Select Street Construction fund (account no. 59-551-6631, project no . 1819). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ .--/J, James G. Ross ~IV Executive Director Public Works Agency ~\\1'\.\\\~~[' A ) ~~. Q Francisco Gutierrez Executive Director Finance & Management Services AgenC~ 20A-2 REQUEST FOR COUNCIL ACTION ~ )r~\ ~/ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: CONTRACT AMENDMENT FOR BODY ARMOR VESTS (SPEC. NO. 02-006) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~ tWJ, 1\1. ~~ CITY MAN ER FILE NUMBER RECOMMENDED ACTION Amend the contract with Galls/Uniform Center, a division of Long Beach Uniform Co., Inc., for body armor vests by $68,000 for an annual amount not to exceed $115,051. DISCUSSION Police officers are required to wear body armor vests while performing their field job duties for protection and safety. On April 4, 2005, the City Council authorized the first renewal to the contract with Galls/Uniform Center, a division of Long Beach Uniform Co., Inc., for a one-year period for a total of 80 vests. The Police Department now requires an additional 109 vests. FISCAL IMPACT Funds are available in the Police Property & Facilities Operating Materials & Supplies account (account no. 11-343-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~ld~ Paul'-'M. Walters Chief of Police I~~ ~ ab~ ~rancisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency PMW/TO/02-006-A.7:uc 22A-1 CS 383 22A-2 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: AUGUST 15, 2005 TITLE: CLERK OF COUNCIL USE ONLY: CONTRACT RENEWAL FOR INMATE PERSONAL CARE ITEMS (SPEC. NO. 04-076) APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO I:J~~.~@ CITY MANAG FILE NUMBER RECOMMENDED ACTION Renew the contract with Bob Barker Company, Inc. for inmate personal care items, for a ene-year period in an annual amount not to exceed $23,705. DISCUSSION The City of Santa Ana maintains a 480-bed holding facility, which houses inmates during the arraignment and hearing process. Personal care items such as bar soap, razors, toothbrushes, toothpaste, and shampoo are provided to inmates for maintenance of personal hygiene. Staff requests shipments of personal care items on a quarterly basis in order to maintain sufficient inventory. On June 21, 2004, the City Council awarded a contract for a period of one year with options for two one-year renewals. Bob Barker Company, Inc. has agreed to renew the contract; however, the vendor has requested a minimal increase due to an increase in fuel and shipping costs. The vendor has performed satisfactorily during the past contract period, and staff recommends the first renewal of the contract. 228-1 CS :383 Contract Renewal for Inmate Personal Care Items (Spec. 04-076) August IS, 2005 Page 2 FISCAL IMPACT Funds are available in the Police Materials & Supplies account (account no. Detention Services 11-349-6391) . Operating APPROVED AS TO FUNDS AND ACCOUNTS: (~\vki- Paul M. Walters Chief of Police .(!d~~ d au~~~ ~Francisco Gutierrez ~. Executive Director Finance & Mgmt. Services Agency PMW/TO/04-076-R.7:uc 228-2 REQUEST FOR COUNCIL ACTION ~ ~~ CITY COUNCIL MEETING DATE: AUGUST 15, 2005 TITLE: CLERK OF COUNCIL USE ONLY: CONTRACT AWARD FOR MULTIPLE-DISPLAY WALL CONTROLLER (SPEC. NO. 05-079) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~~ ~~::~R FILE NUMBER RECOMMENDED ACTION Award a contract to Pixell for a multiple-display wall controller in the amount of $23,072.51. DISCUSSION The City of Santa Ana maintains a complex computer data communications system that spans over 30 City operating sites and now includes many mobile computing devices spread throughout the City and county. Support of a dependable system has become more critical as the City, especially our police and fire departments, relies more on technology to conduct its daily business. The Information Services Division (ISD) of the Finance and Management Services Agency 1S responsible for maintaining and supporting this complex data communications network. As the City's computer data communications system grows, there are more technical events to observe and analyze in real time to ensure system reliability. Currently ISD uses eight display monitors for real time analysis. Each monitor is fed and handled by an individual control. By integrating the display monitors through one master control system, more technical data can be displayed and analyzed in real time. The multiple-display wall controller is a master control device that can connect all of lSD's network monitors so that different views can be moved and scaled on a virtual display. It will also allow different views to be scrolled through smaller screens to give specialized views for specific job functions. These features will enable faster detection of issues before they disrupt critical City operations. Therefore, staff recommends approval of the purchase. 22C-1 CS 3tH Contract Award for Multiple-Display Wall Controller (Spec. No. 05-079) August 15, 2005 Page 2 The notice inviting bids was advertised on July 6 and 8, 2005 and bids were solicited. A summary of the bid received is as follows: 5 Invitations For Bid mailed 1 Bid received Bid was received and opened on July 19, 2005. pixell is responsive to the specification requirements. The bid received from and meets the City's FISCAL IMPACT Funds are available in the Technology Plan Maintenance & Support of Machinery & Equipment account (account no. 109-700-6641). ~Fr~~ie4:ez~ Executive Director Finance & Management Services Agency FG/TO/05-079.2:uc 22C-2 REQUEST FOR COUNCIL A,CTION ~ )f~d\lCH II OIl IS(~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: CONTRACT AWARD FOR INMATE UNIFORMS (SPEC. NO. 05-080) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~~1v.~ CITY MANA R FILE NUMBER RECOMMENDED ACTION Award a contract to Leslee Scott, Inc. for the uniforms, for a period of one year with options renewals, in an annual amount not to exceed $15,845. purchase of inmate for two one-year DISCUSSION The City of Santa Ana maintains a 480-bed holding facility, which houses federal, local, and juvenile inmates. Uniforms are provided to insure that the inmates are easily identifiable and to minimize the introduction of contraband items into the holding facility. Staff requests shipments of inmate uniforms on a semi-annual basis in order to maintain a sufficient inventory. The notice inviting bids was advertised on July 15 and 18, 2005, and bids were solicited. A summary of the bids received is as follows: 10 Invitations For Bid mailed 3 Bids received Bids were received and opened on July 27, 2005 recei ved from Leslee Scott, Inc. is responsive and meets the City's requirements. (Exhibi t 1). The bid to the specifications 220-1 CS 383 Contract Award for Inmate Uniforms (Spec. No. 05-080) August 15, 2005 Page 2 FISCAL IMPACT Funds are budgeted and available in the Police Detention Services Operating Materials & Supplies account (account no. 11-349-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Paul M. Walters Chief of Police &~ rancisco Executive Finance & Gutierrez Director Mgmt. Services e:he~ ~ Agency PMW/TO/05-080.7:uc 220-2 ABSTRACT FOR BIDS -- 05-080 INMATE UNIFORMS BIDDER: LESLEE SCOTT, INC. BOB BARKER COMPANY, INC. LOC: OGDEN, UT FUQUAY-VARINA, NC TERMS: NET 30 NET 30 CATEGORY 1 $ 6,337 $ 7,837 - SHIRTS CATEGORY 2 $ 7,812 $ 9,061 - MOCK FLY PANTS STENCILING $ 556 $ 2,431 SUBTOTAL: $14,705 $19,329 7.75% TAX: $ 1,140 $ 1,498 TOTAL: $15,845 $20,827 BIDDER: ROBINSON TEXTILES LOC: GARDENA, CA TERMS: NET 30 CATEGORY 1 $ 7,042 - SHIRTS CATEGORY 2 $ 8,680 - MOCK FLY PANTS STENCILING $ 1,389 SUBTOTAL: $17,111 7.75% TAX: $ 1,326 TOTAL: $18,437 SUMMARY OF BID AWARD: TOTAL AWARD AMOUNT NOT TO EXCEED: LESLEE SCOTT, INC. $15,845 22~ 220-4 / REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: PURCHASE AGREEMENT FOR THE HUNTER/ORGERON PROPERTY LOCATED AT 1249 W. FIRST STREET (PROJECT 1819) APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For I CONTINUED TO ~ ,/ /, .. I ~ ~;:~t:tiR(J FILE NUMBER , / V RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Creighton D. Hunter and Betty A. Hunter Family Trust and the Orgeron Family Trust for the purchase of 1249 W. First Street, in the amount of $805,000. DISCUSSION As part of the Bristol Street widening proj ect from Pine to Third Streets, it is necessary to acquire the Hunter/Orgeron property located at 1249 W. First Street (Exhibit 1). The property was occupied by Apollo Muffler and Radiator Services. The City Council approved the relocation agreement with the tenant in February 2005 and the property is currently vacant awaiting the demolition process. The Public Works Agency has negotiated and reached an agreement with the owners for the appraised price of $805,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment ErR No. 89-01 approved by City Council in 1990. 25A-1 Project 1819 August 15, 2005 Page 2 of 2 FISCAL IMPACT Funds for the proposed acquisition are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819) APPROVED AS TO FUNDS AND ACCOUNTS: ~ -Ii '~ ~ ~ LLvVU/1 ClM.J.. ) ames G. Ross Executive Director Public Works Agency ~~~~ ~~~ ~~O~ Francisco Gutierrez Executive Director Finance & Mgmt. Services AgenC~ 25A-2 SITE LOCATION \ ..... w w c::: ..... en ...J o ..... en - c::: co 2ND STREET 1249 W. FIRST STREET APN 008-131-33 1 ST STREET ( EXHIBIT 1 CITY COUNCIL AGENDA DATE August 15, 2005 TITLE: PURCHASE AGREEMENT FOR THE HUNTER/ORGERON PROPERTY LOCATED AT 1249 W, FIRST STREET (PROJECT 1819) 25A-3 ~ N.T.S. 25A-4 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: AGREEMENT FOR FIRE STATION ALERTING SYSTEM UPGRADE APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ~~ lJ. ~@ CITY MANAGER FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Teleque on Fire to upgrade fire alerting system equipment in an amount not to exceed $13,000. DISCUSSION The Fire Department utilizes a fire alerting system that works in conjunction with the Computer Aided Dispatch System to alert fire stations of emergency calls. The fire alerting system and equipment was originally installed and is proprietary to Teleque on Fire. The alerting system at Fire Station 1 requires upgrading to continue functioning properly. Approval of the recommended action would provide for the necessary upgrades in an amount not to exceed $13,000. FISCAL IMPACT Funds are available in Fire Department's Fire Communication, Other Contractual Services account (account no. 11-322-6291). APPROVED AS TO FUNDS AND ACCOUNTS: P illip M. Fire Chie Fire Department cl'y Francisco Executive Finance & ~~~) ~~~~ ~~ Gutierrez Director Management Services Agenc~ 258-1 258-2 REQUEST FOR COUNCIL ACTION ~ ~ / CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LANDSCAPING AT STATE ROUTE 55 AND MACARTHUR BOULEVARD INTERCHANGE (PROJECT NO. 06-1015) # \}~C~Y'~G~ ~JRECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Orange County Transportation Authority in the amount of $805,800 to design and install landscaping at the State Route 55 and MacArthur Boulevard Interchange. 2. Approve an appropriation adjustment accepting $805,800 from the Orange County Transportation Authority in the project revenue account (account no. 32-01-5049) and appropriate the funds to the project expenditure account (account no.32-551-6631) to install full landscaping at the State Route 55 and MacArthur Boulevard Interchange. DISCUSSION The Orange County Transportation Authority's (aCTA's) Interstate 405 (1- 405) /State Route 55 (SR-55) Interchange Improvement Project is nearly complete. The Cities of Santa Ana, Costa Mesa, and the majority of businesses in the area have requested replacement landscaping at two key interchanges to repair the conditions that deteriorated significantly during the four-year construction period. On June 27, 2005, the aCTA Board authorized the execution of a cooperative agreement with the Cities of Costa Mesa and Santa Ana, in a not to exceed amount of $1,343,000. This funding was allocated for the design and installation of new landscaping at the I-405/Bristol Street and SR-55/MacArthur Boulevard Interchanges (Exhibit 1). Based on the cost estimate generated by Caltrans, the Cities of Costa Mesa and Santa Ana would receive 40 and 60 percent of the funding, respectively. This translates into funding allocations of $537,200 for 25C-1 Cooperative Agreement With aCTA August 15, 2005 Page 2 Costa Mesa for the I-405/Bristol Street Interchange and $805,800 for Santa Ana for the SR-55/MacArthur Boulevard Interchange. Further, the Cities of Costa Mesa and Santa Ana, as part of the cooperative agreement, have agreed to manage their respective landscaping projects and provide detailed monthly expenditure reports to aCTA. The Cities have also agreed to fund any additional cost over the original amount allocated, or reduce the scope of work to remain within their respective budgets. ENVIRONMENTAL IMPACT aCTA previously filed an Initial Study/Environmental Assessment in July 1999 for the installation of landscaping at these two locations in conjunction with the I-405/SR-55 Interchange Project. FISCAL IMPACT The appropriation adjustment will increase the Measure M Transitway Program revenue account (account no. 32-01-5049) by $805,800 and the expenditure appropriation by $805,800 (account no. 32-551-6631, project no. 06-1015) to install new landscaping at the SR-55/MacArthur Boulevard Interchange. APPROVED AS TO FUNDS AND ACCOUNTS: 2&~~,~ James G. Ross Executive Director Public Works Agency a?r-~~y f ~/ ~~ <~ ~l\" ro,.r~ tv ..." ~~. ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency frf 25C-2 '\ :; l.ll 1 i') '\' i .' II t " X ~, ? ~~, y ~' ' .' - ~ . :. -" . Santa Ana " .:..', EXHIBIT 1 SANTA ANA City Council Agenda Date Title: COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LANDSCAPING AT THE STATE ROUTE 55 AND MACARTHUR BOULEVARD INTERCHANGE ~ ~ 'pWAI AUGUST 15, 2005 Public WOf'ks Agency 25C-3 25C-4 / CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 APPROVED TITLE: o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM CONTINUED TO ~~ 1vCI~A~GER FILE NUMBER RECOMMENDED ACTION Direct the city Attorney to prepare and authorize the city Manager and the Clerk of the Council to execute an agreement with Positron Public Safety Systems Inc., for the purchase and installation of a new Geographic Information System in the Police Department's Communication Center in an amount not to exceed $45,000. DISCUSSION The Police Department is in the process of upgrading its communication center with a new Computer Aided Dispatch System and a new 9-1-1 Emergency Phone System. Addi tionally, integrated into both systems will be a Geographic Information System (GIS). The GIS, known as Power Map, is manufactured by Positron Public Safety Systems Inc. Power Map is fully incorporated into the call taking and dispatching applications. Using an electronic map, Power Map shows real time activity for calls, incidents, and resources. Different layers of information can be added to the software allowing Power Map to display schools, hospitals, fire stations, shopping malls, critical infrastructure sites, etc. Power Map provides dispatchers with a visual orientation of an on-going or developing incident. This orientation assists dispatchers to coordinate police officers who are responding to the crime scene or emergency event. Positron Inc. is listed on the state of California's Master Purchase Agreement (MPA) as an authorized contractor. The MPA offers a variety of commodity and information technology products and services at prices that have been assessed to be fair, reasonable, and competitive. The California 9-1-1 Emergency Communications Office has set up a grant account for the purchase of the Geographic Information System. The 9-1-1 Emergency Communications Office will reimburse the city for the entire cost of the Power Map system. 250-1 GIS Agreement August 15, 2005 Page 2 FISCAL IMPACT Funds are appropriated in the State 9-1-1 grant (account 128-324-6641). The State of California's 9-1-1 Emergency Communications Office will reimburse the city for the cost of the system. APPROVED AS TO FUNDS AND ACCOUNTS: "I Cl~~\ l~- Paul M. Walters Chief of Police Police Department i-~\\\\"~~ ~ '> ~~^ p Francisco Gutierrez ~ Executive Director Finance & Mgmt. Services Agency 250-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: STREET NAME NO. 2005-02 FOR THE CITY PLACE MIXED USE PROJECT LOCATED AT 2775 NORTH MAIN STREET - MAIN STREET CONCOURSE, LLC, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 15t Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For \}cwJ lJ.~ @ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Affirm the decision of the Planning Commission approving the naming of the streets. PLANNING COMMISSION ACTION On July 25, 2005, the Planning Commission adopted a resolution approving Street Name No. 2005-02 by a vote of 6:0 (Gartner absent) to name two private streets for the City Place mixed use project in the Specific Development No. 59 (SD-59) zoning district at 2775 North Main Street (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. Y M. Trevino ~E ecutive Director Planning & Building Agency SK:rb sk\reports\SN05-02,CC 39A-1 REQUEST FOR Planning Commission Action ~~ lr~.~} ,'j ~~~, /' "-ucatIon I ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JULY 25, 2005 TITLE: FILED BY MAIN STREET CONCOURSE, LLC FOR STREET NAME NO. 2005-02 FOR THE CITY PLACE MIXED USE PROJECT LOCATED AT 2775 NORTH MAIN STREET APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO Prepared by Sergio Klotz ~ Executive Director RECOMMENDED ACTION Planning Manager Adopt a resolution approving Street Name No. 2005-02. DISCUSSION Request of Applicant Mr. Bill Hammerstein of Main Street Concourse LLC is requesting approval of the street names for the previously entitled City Place mixed use project at 2775 North Main Street. Property Description The development site is approximately 17.7 acres in size and is located at the northeast corner of Main Street and Memory Lane. The proj ect site extends from Main Street on the west to Lawson Way on the east and from Memory Lane on the south to the city border on the north. The subject site is located within the Specific Development No. 59 (SD-59) zoning district and has a General Plan Land Use designation of District Center (DC), which permits commercial and residential development. Surrounding land uses include the Main place Mall and offices to the west; Santiago Park, offices and a parking structure to the south; a senior residential development and offices to the east; and retail, offices and a parking structure to the north (Exhibits 1 and 2) . Project Description Main Street Concourse LLC is proposing to name two private streets that provide access to the proj ect. The applicant is proposing "Crescent Drive" for the curved street which connects Main Street to Memory Lane. EXHIBIT A 39A-2 SN No. 2005-02 July 25, 2005 Page 2 Additionally, the applicant is proposing "Jeanette Lane" for east-west access off Lawson Way (Exhibit 3). All buildings will be addressed off either of these two private streets. Analysis of the Issues City Place was approved by the City Council on February 22, 2005 to develop a mixed use proj ect consisting of residential and commercial uses. Main Street Concourse LLC has filed Street Name No. 2005-02 in order to name two private streets within the proposed mixed use project. The applicant is proposing to name the private streets to provide addresses for the buildings within the project. Addressing buildings off these streets allows for quick identification and a more immediate response time by the City's emergency response functions. The applicant is proposing "Crescent Drive" for the primary crescent shaped street and Jeanette Lane for the east/west street. In order to maintain continuity with the City addressing system, each building will be addressed according to existing surrounding block numbers (north 2700-3000 block and east 100-600 block) . The Santa Ana Municipal Code (SAMC) designates the Planning Commission as the decision making body for the naming of all streets. In reaching a decision, the Planning Commission shall give consideration to established guidelines. The proposed street names meet the guidelines outlined in the SAMC as the streets are not the continuation of any existing street and the proposed street names do not cause confusion with other streets as neither name is used in Santa Ana. As a result, it is recommended that the Planning Commission approve Street Name No. 2005-02. At its July 11, 2005 hearing, the Planning Commission continued the matter to allow consideration of alternative street names. CEQA Compliance In accordance with the California recommended action is not considered environmental documentation is required. Environmental Quality Act, a CEQA proj ect. Therefore the no SK:JM sk\reports\SNOS-02.072S0S.pc 39A-3 c ~\. ,\ I~ LA VETA AV. ~ 22 FREEWAY Jl TOWN & COUNTRY RD. R1 / C2-HD II I I PROJECT SITE I SO-59 >-' CI) z ;;: ::; ~ ~ ~ o 9 I I A1 58 R1 AD ~ R1 R1 R1 r ~ R1 R1 u R1 R1 R1 z . A1 .B C.SM C1 C1-MD C2 C3 C3-A C4 CS GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R1 R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP 1m -?~ STREET NAMING NO. 2005-2 CITY PLACE 2775 NORTH MAIN STREET A rPf' l' = 1000 FEET - = 500 FEET N G AGE N C Y P LAN N AND BUILD EXHIBIT 1 39A-4 N G -J <<: ::. UJ () <<: -J a.. <: <<: ::. OFFICE MAIN PL. DR. OFFICE RESTAURANT A - - _ '" PARK SANTIAGO '" \ II t- W W a:: t- (/) COMMERCIAL OFFICE >= 3: z o en ~ ..J COMMERCIAL AND ------ SENIOR CARE FACILITY PARK IA ~ P LAN N AGE N C Y PARKING STRUCTURE COMMERCIAL ORANGE CITY LIMITS ----- ---- SANTA ANA CITY LIMITS PROJECT SITE z ;( :!: OFFICE AND PARKING STRUCTURE STREET NAMING NO. 2005-2 CITY PLACE 2775 NORTH MAIN STREET N G AND B U L D N G EXHIBIT 2 39A-5 ..J <( W;- 0::1- :)z I-W :::>9 U-V"l W LX: "" .. " z ... / ' ::: '% 4 ..... ~ '0 ~ '" ~ \ ) ~;tS~3 KO - 7/20/05 RESOLUTION NO. 2005-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA TO NAME THE STREETS LOCATED WITHIN THE CITY PLACE MIXED USE PROJECT LOCATED AT 2775 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 11, 2005, on Street Naming No. 2005-02. B. Street Naming No. 2005-02 came before the Planning Commission of the City of Santa Ana for a public hearing on July 11, 2005. At that hearing the Planning Commission continued the matter to July 25, 2005. C. The Planning Commission took into consideration the policy guidelines contained in Santa Ana Municipal Code Section 33-6. The street name of "Crescent Drive" was selected for the primary crescent shaped street and Jeanette Lane was selected for the east/west street. D. In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore no environmental documentation is required. Section 2. The Planning Commission of the City of Santa Ana hereby, approves Street Naming No. 2005-02 as identified in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 25th day of July, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2005-23 Page 1 of 2 39A-7 Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-23 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 25, 2005. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2005-23 Page 2 of 2 39A-8 AIIN\ NOSN\Vl . -8=' :. :. .... \ -' <( U-J- 0::1- ::JZ I-U-J ::JQ u.. Lfl UJ 0:: ~ -- ;0 !~~j u. : ,C- " ~ J= - +- ;~ 'i-- ;1 ;f= .1-- .r! e e e e0 ~ G S e e 0-e ..~-~~;--... .. 39A-10 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE COUNTY OF ORANGE FAMILIES AND COMMUNITIES TOGETHER PROGRAM APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For W~}J.~ CITY MAN R CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing participation in the County of Orange Families and Communities Together program. DISCUSSION The Corbin Family and Community Center provides services that focus on family preservation, family support, family reunification, and adoption promotion and support. The Center has received Families and Communities Together (FaCT) funding from the County of Orange Social Service Agency since 1999. The proposed resolution authorizes the Parks, Recreation and Communi ty Services Agency to submi t a proposal to renew funding to the Corbin Family and Community Center effective July 1, 2006, and allow for four additional one-year renewals. The FaCT program requires one lead agency and a minimum of three funded partners. Under the current agreement, Children's Bureau of Southern California serves as the lead agency and the Parks, Recreation and Community Services Agency provides information and referral services, and childcare for patrons seeking services. In addition, staff assists with the coordination of volunteer support. The Children's Bureau of Southern California again proposes to be the lead agency, and the proposed funded partners are the City of Santa Ana Parks, Recreation and Community Services Agency, Human Option, and Olive Crest. Per the County's request, the resolution authorizes the City Manager or his designee to sign the proposal form, agreement and any amendments. 55A-1 Resolution Authorizing Participation in the County of Orange Families and Communities Together Program August 15,2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet Executive Directo , Parks, Recreation, and Community Services Agency 55A-2 mv:02/07/05 RESOLUTION NO. 2005-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY TO PARTICIPATE IN A FAMILY RESOURCE CENTER AS A FUNDED PARTNER AND APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF ORANGE SOCIAL SERVICES AGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The County of Orange, Social Services Agency, awards $225,00.00 in grant funds to Family Resource Centers to help provide services focusing on family preservation, family support, family reunification and adoption promotion and support. B. The County of Orange Social Services Agency requires that Family Resource Centers have a minimum of 3 funded partners as well as a lead agency in order to receive grant funding. C. The Children's Bureau of Southern California proposes to be the lead agency in a Family Resource Center in which the proposed funded partners are the Santa Ana Parks, Recreation and Community Services Agency, Human Option, and Olive Crest. D. Procedures established by the County of Orange Social Services Agency require the Applicant's Governing Body to certify by resolution the approval of the City's application before submission of said application to the County. Section 2. The City Council hereby: A. Authorizes membership of the Santa Ana Parks, Recreation and Community Services Agency as a funded partner in a Family Resource Center. B. Approves the filing of an Application for funds from the County of Orange Social Services Agency. 55A-3 Resolution No, 2005-077 Page 1 of 3 C. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project. D. Appoints the City Manager or his designee as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2005-077 Page 2 of 3 55A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-077 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-5 Resolution No, 2005-077 Page 3 of 3 55A-6 The Church in Santa Ana 2006 North Broadway, Suite 100 · Santa Ana, California 92706 RECEIVED AUG 0 8 2005 SMTAAllAPWMG om August 8, 200S City of Santa Ana Planning Commission P.O. Box 1988 M-30 Santa Ana, CA 92702-1988 Dear Memben of tile Planning Commission, The Churcb in Santa Ana has been unable to sustain any ongoing contICt with the Artesia-PiJar Neighborhood Association aDd city officials. We \WU1d like to request a conIiouance of the hearing for our project (CUP 2004-17) for a period of ninety (90) days from the currently scheduled date of 15 August 2005. Please repJy at your earliest convenience concemiDg our request and 1he successfu) rescheduling of our bearing. We thank you in ~ for your timely response. Sincerely, ee: Clerk of tlae Couac.il , , .And gave HIm (Jesus) to be Head over all things to the Church. which is His Body. . . 75A-1 75A-2 ( REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: PUBLIC HEARING-CONDEMNATION OF SPIEGEL PROPERTY LOCATED AT 124 SOUTH BRISTOL STREET (PROJECT 1819) APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For I \j~ tv. ~fJ- CITY MANAGE CONTINUED TO FILE NUMBER ,///.- J RECOMMENDED ACTION Adopt a resolution authorizing the condemnation of the real property located at 124 South Bristol Street declaring the public necessity and interest therefore. DISCUSSION As part of Bristol Street widening project from Pine to Third Streets, it is necessary to acquire the Spiegel Family Limited Partnership II (Spiegel) property located at 124 S. Bristol Street (Exhibit 1). On June 20, 2005, City Council authorized the City Manager and the Clerk of the Council to execute an agreement with Spiegel to purchase the subject property for $1,010,000. Further search of the title revealed a non-recorded lease with a third party which prevents the closing of escrow. To meet the project schedule, it is necessary to commence eminent domain proceedings. Staff is requesting adoption of this resolution of necessity and initiation of condemnation proceedings. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed proj ect has been determined to be adequately evaluated in previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. 758-1 Condemnation of Property Located at 124 South Bristol Street August 15, 2005 Page 2 FISCAL IMPACT Funds for the proposed acquisition are available in the Select Street Construction Fund (account no. 59-551-6611, project no. 1819) APPROVED AS TO FUNDS AND ACCOUNTS: LO .~ 1; ~ U/f1.1/1I1JJA ,(, /f\James G. Ross Executive Director Public Works Agency .~~~~ ~~ A" ~~: 0 ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agencytr -I 758-2 ~ N.TA J l First St. 124 S. Bnstol Walnut St. . +- V) o +- (/) .- L OJ SUBJECT PROPERTY EXHIBIT 1 SANTA ANA 'PWA t , , IlIIC _-. City Coud Agenda Date AUGUST 15, 2005 Title: PUBLIC HEARING-CONDEMNATION OF SPIEGEL PROPERTY LOCATED AT 124 SOUTH BRISTOL STREET (PROJECT 181<3) 758-3 RESOLUTION NO. 2005-078 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 (LOCATED AT 124 SOUTH BRISTOL STREET) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana on August 15, 2005, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made to you and whether said offer and statement/summary were in a form and contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. 758-4 Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report / Environmental Impact Statement EIR NO.89-01. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in a portion of that certain real property located at 124 South Bristol Street in the City of Santa Ana, California consisting of approximately 13,395 square feet of property to be acquired in fee title (for right of way purposes) (referred to as "the Property") The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property for the purposes of the Bristol Corridor Specific Plan Project ("the Project") and related improvements. The location of the Project is between Pine Street and Third Street for the widening of Bristol Street. Included in the project will be street pave-out, and the installation of concrete curbs, gutters, sidewalks, and raised median in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The taking of the interest in said Property as above described is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code 9 41-781; California Code of Civil Procedure section 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943,5100,5101,5101.5,5102, and other applicable law. 758-5 Section 6. The offer required by Government Code section 7267.2 were made to the appropriate party or parties on or about July 8, 2004. Section 7. Excepting the portion of the Property for which the City will acquire only a temporary construction easement, the City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property. Section 8. That if any of the Property has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. Said Property is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 3 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor 758-6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-078 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 758-7 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: THE SOUTH 45 FEET OF THE EAST 90 FEET OF LOT I IN BLOCK A OF TRACT NO. 132, AS SHOWN ON A MAP RECORDED IN BOOK II, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL 2: THE NORTH 45 FEET OF THE SOUTH 90 FEET OF THE EAST 90 FEET OF LOT I IN BLOCK A OF TRACT NO, 132, AS SHOWN ON A MAP RECORDED IN BOOK II, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL 3: THE NORTH 45 FEET OF THE SOUTH 135 FEET OF THE EAST 90 FEET OF LOT I IN BLOCK A OF TRACT NO, 132, AS SHOWN ON A MAP RECORDED IN BOOK II, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL 4: THAT PORTION OF LOT I IN BLOCK A OF TRACT NO. 132, AS SHOWN ON A MAP RECORDED IN BOOK II, PAGE 420 F MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF WALNUT STREET 90 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF BRISTOL STREET WITH THE NORTH LINE OF WALNUT STREET; THENCE NORTH PARALLEL TO THE WEST LINE OF BRISTOL STREET 135 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF WALNUT STREET 40 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF BRISTOL STREET 135 FEET; THENCE EAST ON THE NORTH LINE OF WALNUT STREET 40 FEET TO THE POINT OF BEGINNING. 758-8 ..-- ~ I " <:, <> -l.LL.~ l.. ~~- 9 ~ ~ L-l ~ L ~- ~ J.33Y1S T --- t 701SIYFJ t.., ::: ~ t !l -..... .p" ''I>. L~~~. .. 01 :t~l5 , @ @Ol @ @ ~ ., ::l i N <D 01. \tI "- ..., ':... . ~3 "": ~. ~ r- ~ ... 0 \fI ... 't .n ~ ~~~ ~ ~ - "" ,,-I@ "tIllO l- I' _ @" ~. ~[ t N ... ,\ @ III Qj @~" " \, '" o ... ~@ '" d:; -I@ ,I @ ."/.,, t I- (.) @~ ... e: " ~ ~ ~@ ~V)\fI ~IJ ...L D C l5 '" ---:llll""- I.;; .....~tj It; <:> .. . ~ ~ "'~ !l;. r ~ I ~@ !!1<:u ~ ... 8 .. ~ i?; o I s' l:l~~ a:: -- - -;:-.;1 .. A' ~ lJjQ:O S! .., c.i t I e VI ~~iJi Il') ~I I 0: ! ...: ------,.:, I t @ I e ::: @ ~ :f ... I ~ -------1 U 'lS ~ ' ",' " !\') .., 0 ~ .'-',. e. I ~ ... @K t<') NYl//3dS3H G - CO ~ :l ~ 0 :2 e @ ~, Lt.i - ; ~"l~~ <:: I I I I ~: e :'.l @ t:~~:a :!: .. ~ e Il '" @ :t~:t ~ :t :t~ " ~ 1R ~ ~ '" @ e @ .. Lt -J .. ... -J .~ - "t .., e t:: ::: @ t1~8:~ "- @ ... /... ~ <60,<0 ~ ... @ @ III .~ @ ~~~~ il .... A' ~~~~ @ @ II! tl @ (,)0(,)(,) ~ ... ~ ~~~~ .n .~ ..... .n ~ ....... " 3flN3A ,. L ::J/~"d t .J l ( I ( I I ,; Z~ ~ ~ i Asi'fiB.'s MAP 758-10 '/ REQUEST FOR COUNCIL ACTION ~~~\ ~~. ~d"calton I s('~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 15, 2005 TITLE: PUBLIC HEARING - EMERGENCY ORDINANCE REGULATING MEDICAL MARIJUANA DISPENSARY USES APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For Ah ~ . CITY MANAGER CONTINUED TO FILE NUMBER - RECOMMENDED ACTION Adopt an emergency ordinance extending the prohibition on the medical marijuana dispensary uses in the City of Santa Ana. DISCUSSION On July 18, 2005, the City Council adopted an emergency ordinance establishing a moratorium on medical marijuana dispensary uses in the City of Santa Ana. The City's General Plan and zoning code do not specifically address this type of use, and at this time, it is not feasible to determine whether a medical marijuana dispensary can be legally established within the City. Currently, a conflict exists between California State law and federal law. State law allows marijuana manufacture, distribution and possession to serve specific medical needs, yet federal law strictly prohibits the manufacture, distribution, or possession of marijuana due to its high potential for abuse. Further, the United States Supreme Court recently held that the federal government has the power to regulate and prohibit intrastate medical marijuana use under the Controlled Substances Act, 21 USC Section 801 et seq. If medical marijuana dispensaries are unregulated and permitted in the City, they will pose a serious threat to the public interest, health, safety and welfare. The interim ordinance prohibits the establishment of any medical marijuana dispensary for a 45-day time period, which expires on September 1, 2005. Research has been completed to review ordinances adopted by other California cities pertaining to dispensary facilities, and meetings have been held to discuss the potential legal ramifications. Due to the conflicts existing between California State and federal laws, and the absence of clear legal guidel ines, it is recommended that the City Council extend the emergency interim ordinance that prohibits medical marijuana dispensary uses in the City of Santa Ana for the remainder of one year until further study of this issue can be completed. 75C-1 Emergency Ordinance Regulating Medical Marijuana Dispensary Uses August 15, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Agency HS: H8,medical-Marijuanaordinance\extend-Moratorium_medical_marijuanacc 75C-2 ORDINANCE NO. NS-2694 AM EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE TEMPORARY MORATORIUM ON THE CONSTRUCTION OR ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify medical marijuana dispensaries as land use or designate zoning districts throughout the City where medical marijuana dispensaries may be permitted. B. For this reason, on July 18, 2005, at a regularly scheduled public meeting the City Council adopted Ordinance No. NS-2693, which established a moratorium on the construction or establishment of a medical marijuana dispensary (hereafter "the moratorium ordinance"). By its own terms the moratorium ordinance expires 45 days following its adoption C. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of medical marijuana dispensaries and fail to address the needs of the City and its residents today and in the future. As such, provisions of the General Plan and the Santa Ana Municipal Code ("the Code") need review, study and possible revision in order to respond to recent concerns relating to the impacts of medical marijuana dispensaries and the potential establishment of new medical marijuana dispensaries in the City. D. Given these concerns, the City Council has requested, in adopting the moratorium ordinance, that a study be undertaken of the current provisions of the General Plan and Chapter 41 if the Code to classify medical marijuana dispensaries and determine whether such businesses should be permitted in the City and if so, where, and under what conditions. E. Without adoption of an extension to the moratorium ordinance, properties in the City would quickly receive entitlements to establish medical marijuana dispensaries despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created by medical marijuana dispensaries. Ordinance No. NS - 2694 Page 1 of 5 75C-3 F. It has come to the City Council's attention that at least one individual has approached city staff seeking entitlements to establish a medical marijuana dispensary. G. The City is not, at this time, able to determine if medical marijuana dispensaries can legally be established within the City for the following reasons: 1. In 1996, the voters of the State of California approved Proposition 215 ("the Act"), codified as Health and Safety Code Section 11362.5, et seq. 2. The intent of Proposition 215 was to enable persons who are in need of medical marijuana for medical purposes to obtain and use it under limited, specified circumstances. 3. On January 1, 2004 SB 420, codified as Health and Safety Code Section 11362.7 et seq., was enacted by the Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act. 4. The Santa Ana Municipal Code does not address in any manner medical marijuana dispensaries. 5. Last month the United States Supreme Court addressed medical marijuana use in Gonzales v Raich (2005) 125 S. Ct. 2195. In Raich, the Court held that the federal government has the power to regulate and criminalize medical marijuana use and legally does so. 6. The federal Controlled Substances Act, 21 U.S.C. Section 801 et seq., classifies marijuana as a Schedule I drug because of its high potential for abuse, lack of any accepted medical use, and absence of any accepted safe use. The manufacture, distribution, or possession of a Schedule I drug is a criminal offense under the Controlled Substances Act. 7. There is a conflict between California State law, which allows marijuana manufacture and distribution in special circumstances of medical need, and federal law, which criminalizes the manufacture, distribution or possession of marijuana. 8. The United States Supreme Court addressed but may not have resolved the conflict between state and federal law in Raich. In Raich, the United States Supreme Court held that federal law prevails over Ordinance NS-2694 Page 2 of 5 75C-4 state law if there is a conflict. The United States Supreme Court did not, however, expressly strike down Proposition 215. 9. Until such time as the conflict between state and federal law is conclusively resolved, the City will be unable to determine if medical marijuana dispensaries can legally be established and regulated within the city. H. If medical marijuana dispensaries are permitted in the City and left unregulated, they will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Medical marijuana dispensaries established in other cities have been associated with increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining 'identification cards' to qualify for medical marijuana and other increases in criminal activity (San Francisco Chronicle, W. Buchanan, "San Francisco Operating With No Oversight, City Officials Debate How to Rein in Growth of the Shops and Those Who Abuse Prop. 215's Intent," April 24, 2005.) 2. Medical marijuana dispensaries if allowed in the City under the current state of the City's regulations will have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods. I. In order to prevent frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of medical marijuana dispensaries may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting such medical marijuana dispensaries to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. J. In response to the threat of unregulated medical marijuana dispensaries several California cities, including but not limited to the Cities of Newport Beach, Lake Forest, Huntington Beach, Long Beach, Ontario, Simj Valley, West Hollywood and San Francisco, have adopted similar moratoria to this Ordinance. Ordinance No, NS - 2694 Page 3 of 5 75C-5 K. The Request for Council Action for this ordinance dated August 15, 2005 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. This Request for Council Action specifically describes and reports to the Council the measures staff has taken to alleviate the conditions which led to the adoption of the initial moratorium ordinance. L. The City Council has held a duly noticed public hearing prior to its consideration of this emergency ordinance providing for an extension of the moratorium ordinance and has considered all of the written and oral testimony offered concerning whether to adopt this emergency ordinance. M. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A-L of this ordinance. N. The City Council further finds that this ordinance constitutes a matter of Citywide importance and is not directed towards nor targeted at any particular parcel of property or proposed occupant. Section 2. Extension of Moratorium Ordinance. A. The City Council hereby extends Ordinance No. NS -2693 for the period specified in this Section 2. 8, Pursuant to section 415 of the city's charter, this interim ordinance is introduced, passed and adopted at the same meeting and shall take effect immediately. It shall be effective for a period of 10 months and 15 days from the date of its adoption, and thereafter shall be null and void unless extended by further action of the City Council. Section 3. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this ordinance or Ordinance No. NS-2693. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of the Code. Section 4. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 5. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A-N, inclusive of this ordinance. Ordinance NS-2694 Page 4 of 5 75C-6 ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Council members NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2694 to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance No, NS - 2694 Page 5 of 5 75C-7 75C-8