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Home My WebLink About2005-08-01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA AUGUST 1, 2005 CALL TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:08 P.M. ' ATTENDANCE: Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tem CLAUDIA ALVAREZ CARLOS BUSTAMANTE (6:20 P.M.) ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: STEPHEN HARDING, Acting City Manager, JOSEPH W. FLETCHER, City Attorney CAROL MOLINA-ESPINOZA, Acting Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCA TION David Mitchell, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 Years of Service Florlyn Palacol Accountant II, Finance & Management Services Agency Sr. Library Technician, Library Department Principal Civil Engineer, Public Works Agency Police Service Dispatcher, Police Department Sr. Management Analyst, Community Development Agency Fire Engineer, Fire Department Firefighter, Fire Department Christina L. Spina Raymond L. Burk Annette McCarthy Emelin M. Bada Aaron Castilllo John G. Sahm CITY COUNCIL MINUTES 272 AUGUST 1, 2005 PRESENTATIONS Certificate of Recognition presented by MAYOR PRO TEM BIST to Kristen Maddox for establishing the nonprofit organization, ''H.OT, Helping Our Troops" City Tile presented by COUNCILMEMBER BUSTAMANTE to Conrad Gallegos for his service on the Cable Television Advisory Board Certificates of Recognition presented by COUNCILMEMBER SOLORIO to the Public Works Team responsible for the City's success in securing 92 grant applications in the amount of $37.5 million from the Orange County Transportation Authority (OCTA) for street improvement projects over the next 5 years CONSENT CALENDAR Mayor Pulido announced the following modification to the Consent Calendar: . Addition of Closed Session Report Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) . ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A.) 10A REGULAR MEETING OF JULY 18, 2005 BOARDSICOMMISSIONSICOMMITTEES 13A VACANCY REPORT JULY 27,2005 Motion: Instruct Clerk to enter report into the Minutes. The Vacancy Report reflects only appointments made by the Council. CITY COUNCIL MINUTES 273 AUGUST 1, 2005 Youth Commission - Alternate Human Relations Commission BOARD/COMMISSION Community Redevelopment / Housing Commission Environmental Transportation Advisory Committee (ETAC) 1 2 1 6 VACANCIES 2 CONSENT CALENDAR WARD Sr. Tenant & Tenant Santa Ana Chamber 1&4 5 TOTAL BOARDICOMMISSION EXPIRED WARD TERMS Board of Parks & Recreation 1 1 Community Redevelopment/ 2 1 & Mayor Housing Commission Environmental and Transportation 1 5 Committee Library Board 1 5 Personnel Board 2 5 & Mayor Planning Commission 2 1 &Mayor Youth Commission - Regular 1 3 Youth Commission - Alternate 1 3 TOTAL 11 CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.B.) Council Meetina Aaendas Meetina Date Posted Time 15.A. 15.B. City Council Agenda City Council Agenda-Revised 07/18/05 07/18/05 07/13/05 07/15/05 4:30 p.m. 3:25 p.m. MAYORAL PROCLAMATIONS I CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.C.) CITY COUNCIL MINUTES 274 AUGUST 1, 2005 CONSENT CALENDAR Honoree Date 16A 2nd Baptist Church Annual Women's Day 7/17/05 16.B. BancoSal, Inc., Inaugural of Santa Ana Branch 7/22/05 16.C. O.C. Hispanic Endowment Fund, Heart of Gold Recipients: Gabriela Gomez-Cruz, Aries Beauty, Inc., Ron Meraz, Merrill Lynch, and Wells Fargo Bank 7/14/05 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Motion: Approve settlement. Maria Campos Martinez, et al. Claim #: 2004-183; $8,945.96 19.B. EXCUSED ABSENCES - None 19.C. QUARTERLY REPORT OF INVESTMENT AS OF JUNE 30, 2005 Motion: Receive and file. 19.D. WORKFORCE INVESTMENT ACT FIVE YEAR STRATEGIC PLAN Motion: Approve modifications to the Workforce Investment Act Five-Year Strategic Plan and authorize its submittal to the State of California BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A STATE CORRECTIONS STANDARDS AUTHORITY, TITLE II DELINQUENCY PREVENTION AND INTERVENTION PROGRAM GRANT AWARD Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-007 - Recognizing $200,000 in the State Corrections Standards Authority - Title II DPI Program Year 2 revenue account and appropriate funds to the CSA - Title II DPI Program Year 2 expenditure account - Parks, Recreation & Community Services Agency 20.B. AMENDMENT WITH COUNTY OF ORANGE HOUSING AND COMMUNITY SERVICES AGENCY FOR NATIONAL EMERGENCY GRANT CITY COUNCIL MINUTES 275 AUGUST 1, 2005 CONSENT CALENDAR Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-010 - Recognizing $112,400 in revenues awarded to the City of Santa Ana on behalf of the Santa Ana W/O/R/K Center by the County of Orange Housing and Community Services Agency 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT 2005-196 - Execute an amendment to-the Agreement with the County of Orange to administer Phase III of the National Emergency Grant - Community Development Agency SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.F.) 22.A. SPEC. NO. 00-064 VETERINARY TRAILER RENTAL - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Renew the contract with Golden Office Trailers, Inc. for a 12-month period in the amount of $15,451.35 - Finance & Management Services Agency 22.B. SPEC. NO. 03-039 - CLOTHING AND SHOES FOR JAIL OPERATIONS - POLICE DEPARTMENT - Renew the contract with Leslee Scott, Inc. for a one-year period in an annual amount not to exceed $42,575 - Finance & Management Services Agency 22.C. SPEC. NO. 03-044 HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE AND REPAIRS - Renew the contract with Adelphia, Inc. d/b/a/ Chandler's Air Conditioning and Refrigeration for a one-year period in an annual amount not to exceed $190,000 - Finance & Management Services Agency 22.D. SPEC. NO. 04-088 - SAFETY GLOVES - Renew the contract with Coast- To-Coast Safety, Inc. for a 12-month period in an annual amount not to exceed $17,224 - Finance & Management Services Agency 22.E. SPEC. NO. 04-097 - PREVENTATIVE MAINTENANCE FOR DIESEL EXHAUST REMOVAL SYSTEMS - FIRE DEPARTMENT - Renew the contract with Air Cleaning Systems, Inc. in an annual amount not to exceed $16,879 - Finance & Management Services Agency 22.F. SPEC. NO. 05-074 - CITY VEHICLES - FIRE DEPARTMENT CITY COUNCIL MINUTES 276 AUGUST 1, 2005 CONSENT CALENDAR Motion: 1. Withdraw the contract to Guaranty Chevrolet for one vehicle 2. Award a.contract to Quality Chevrolet for the purchase of one vehicle in the amount of $34,180.59 PROJECTS 23.A. CONTRACTOR AWARD FOR MAIN STREET REHABILITATION BETWEEN WARNER AND COLUMBINE AVENUES (PROJECT 1757) Motion: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,333,333 for the construction of Main Street Rehabilitation between Warner and Columbine Avenues 2. Approve a Funding Analysis with a total estimated construction cost of $1,666,200 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.E.) 25.A. AGMT 2005-197 HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-02 - With Christian Tiberius Sharpe and Constantine Sharpe, property owners, for the structure located at 1928 North Greenleaf Street -Planning & Building Agency 25.B. AGMT 2005-198 - AMENDMENTS TO EMPOWERMENT ZONE GRANT - Execute amendments to the Empowerment Zone Memorandum of Agreement (MOA) between the City, State and the U.S. Department of Housing and Urban Development (HUD) - Community Development Agency , 25.C. AGMT 2005-199 - CONSULTING AND TRAINING SERVICES - With General Learning Climates, Inc. for a one-year period in an amount not to exceed $40,000 - Police Department 25.D. AGMT 2005-200 - TRAFFIC SIGNAL, ADVANCED TRAFFIC SIGNAL MANAGEMENT SYSTEM, AND STREET LIGHT SYSTEMS MAINTENANCE - With Team Econolite for a three year agreement, with an option for two one-year extensions in an amount not to exceed $650,000 per fiscal year - Public Works Agency CITY COUNCIL MINUTES 277 AUGUST 1, 2005 CONSENT CALENDAR 25.E. AGMT 2005-201 - PROGRAMMING SERVICES - With CorDax in an amount not to exceed $30,000 - Public Works Agency MISCELLANEOUS BUDGET 29.A. CRIME BOND PROGRAM EXTENSION Motion: Extend the Crime Bond Program insurance through the California Public Entity Insurance Authority at a premium cost of $10,295 for the coverage period from July 1, 2006 to July f, 2007. CONDITIONAL USE PERMIT I VARIANCES 31.A. VARIANCE NO. 2005-08 -1010 SOUTH MAIN STREET Filed by Keller & Barre Associates, to allow two wall signs that exceed the maximum size and letter height for the Northgate Gonzalez Market at 1010 South Main Street Recommended action approved by the Planning Commission at its July 11, 2005 meeting by a vote of 6-0 (Leo absent) Applicant: Keller & Barre Associates Motion: Receive and file the staff report: 31.B. TENTATIVE TRACT MAP NO. 2005-06 (COUNTY MAP NO. 16836) - 2100 SOUTH SUSAN STREET Filed by Susan Street Partners, LLC c/o Voit Development Company, to allow the subdivision of an existing industrial building into five individual condominium units in the Light Industrial (M1) zoning district at 2100 South Susan Street Motion: Receive and file the staff report approving Tentative Tract Map No. 2005-06 (County Map No. 16836) as conditioned. ... END OF CONSENT CALENDAR ... CITY COUNCIL MINUTES 278 AUGUST 1, 2005 BUSINESS CALENDAR RESOLUTIONS Mayor Pulido declared a conflict of interest on Item 55A due to the proximity of his business to the project site; he abstained and left the room. Mayor Pro Tem Bist assumed the Chair 55.A. APPEAL NO. 2005-02 (VARIANCE NO. 2004-18) - 419 EAST FIRST STREET Continued from the May 2, 2005 City Council Meeting by a vote of 6-0 (Pulido abstained) Public Hearing closed on May 2, 2005 Filed by Enrique Legaspi for Regency Centers to reduce the required on- site parking for FAMSA at 419 East First Street Applicant: Enrique Legaspi for Regency Centers Enrique Legaspi, applicant, Julio Gener, and Stephen Hargrave spoke in support of approval of the appeal for a variance to reduce the required on- site parking at 419 East First Street Council discussion ensued. Councilmember Christy moved, seconded by Mayor Pro Tem Bist, that the Council adopt a resolution denying the variance. Councilmember Alvarez moved, as a substitute motion, and seconded by Councilmember Garcia that the matter be continued thirty days and in the interim instruct staff to review the parking needs and ask the applicant to continue correcting the violations at this site. Substitute Motion: Continue the matter for 30 days MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Solorio (3) NOES: Bist, Christy, Garcia (3) ABSTAIN: Pulido (1) . ABSENT: None (0) The substitute motion failed. CITY COUNCIL MINUTES 279 AUGUST 1, 2005 BUSINESS CALENDAR Motion: Adopt a resolution denying Variance No. 2004-18 (Appeal No. 2005- 02) for a reduction in required on-site parking for the property located at 419 East First Street MOTION: Christy SECOND: Bist VOTE: AYES: Bist, Christy, Garcia (3) NOES: Alvarez, Bustamante, Solorio (3) ABSTAIN: Pulido (1) ABSENT: None (0) The original motion failed of adoption; Council discussion continued. Motion: Continue the matter for 30 days MOTION: Solorio SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Solorio (4) NOES: Christy, Garcia (2) ABSTAIN: Pulido (1) ABSENT: None (0) At this time Mayor Pulido returned to the dais and assumed the Chair. REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - City Manager Deputy City Manager Harding and Councilmember Carlos Bustamante provided a status report. PUBLIC HEARINGS 75.A. ABANDONMENT NO. 03-05 VACATING A PORTION OF BROADWAY PLACE AND BROADWAY WEST OF MAIN STREET Legal Notice published in the Orange County Reporter on July 15 and 22, 2005 and mailed Staff presentation by Jim Ross, Executive Director, Public Works Agency CITY COUNCIL MINUTES 280 AUGUST 1, 2005 PUBLIC HEARINGS Written Communications: None Public Speakers: None; Public hearing closed Motions: 1. Adopt a resolution. RESOLUTION NO. 2005-075 - A resolution of the City Council of the City of Santa Ana vacating a portion of Broadway Place and Broadway west of Main Street (Abandonment No. 03-05) 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement for the sale of City's fee interest in a portion of Broadway Place to the Santa Ana Unified School Districtfor $1. MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL AGENDA ITEM Pursuant to Charter Section 411, any member of the City Council may place items on the City Council Agenda to. be considered by the City Council. 85.A. CONSIDERATION OF A CITY COUNCIL RESOLUTION REQUESTING THE STATE LEGISLATURE TO CONSIDER LEGISLATION DESIGNED TO PROTECT FAMILIES LIVING IN RENTAL COMMUNITIES FROM SERIOUS AND HIGH-RISK SEX OFFENDERS BY ALLOWING DISCLOSURE OF MEGAN'S LAW DATABASE INFORMATION BY RENTAL PROVIDERS (ALVAREZ) '. Staff presentation by Paul Walters, Police Chief Motion: Adopt a resolution. RESOLUTION NO. 2005-076 - A resolution of the City Council of the City of Santa Ana, requesting the State Legislature to consider legislation allowing disclosure of Megan's Law database information by Rental Providers. CITY COUNCIL MINUTES 281 AUGUST 1, 2005 PUBLIC HEARINGS MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:32 P.M. FOLLOWED BY THE HOUSING AUTHORITY AT 7:34 P.M. COUNCIL RECONVENED AT 7:34 P.M. WITH SAME MEMBERS PRESENT COMMENTS 90A PUBLIC COMMENTS Alma Ramirez addressed Council relative to complaints about certain city employees Debbie McEwen expressed concerns regarding a single family home on Lacy Street now being divided into a duplex and a triplex with no drive way. Mayor Pulido requested Jay Trevino, Executive Director, Planning and Building Agency to look into this situation 90.B. CITY COUNCIL COMMENTS Councilmember Garcia . Announced that the Madison Park Nei~hborhood Association is having a Walk-A-Thon on Saturday, August 13 h starting at 9:00 a.m. . Extended an invitation to the Classic Car Show on Saturday, August 13th at Portola Park from 9:00 a.m. to 2:00 p.m. Councilmember Solorio . Announced that in addition to the Walk-A-Thon, a Resource Faire and Concert will be held in Madison Park on August 13th. . Discussed a August 25th article in Sunset Magazine regarding Soul-Art; a Santa Ana resident came up with an innovative idea for a gathering place for artists and poets CITY COUNCIL MINUTES 282 AUGUST 1, 2005 COUNCIL COMMENTS . Announced that Shea Homes has a pending project at the Old Farmers Insurance site; asked City staff to facilitate the construction . Noted that the merger of Macy's and Robinsons-May may create a vacancy in Main Place Mall and stated that he was interested in maintaining an upscale retailer . Thanked Councilmember Bustamante for his efforts in going to Sacramento to discuss the 4th Court of Appeal on behalf of the City Councilmember Christy . Announced that the Youth Expo is scheduled for Sunday, October 9th at the Santa Ana College from 11 :30 a.m. to 3:30 p.m.; the Expo provides junior high to high school students information about applying to college, and also provides information related to College financing . Noted that there are a lot of kids at the Skate Park not wearing helmets and that there was no supervision at the park . Asked the. Council to adjourn in memory of Marilyn P. Berns, sister of Colin Powell, and a teacher for the Santa Ana Unified School District at Martin Elementary from 1984 to 1995 Mavor Pro Tem Bist . Noted that there continues to be an issue with shopping carts, and that the community should be receiving an educational flyer in their water bill . Congratulated the Wilshire Square Neighborhood for a great concert on Saturday night . Announced that Morrison Park Neighborhood Association will be sponsoring a concert on August 20th . Announced a new concert venue at 801 N. Main called "The Pavilion"; originally the Bank of America Building Councilmember Alvarez . Announced that she had a great time at the Wilshire Square Concert . Congratulated Planning Commissioner Glenn Mondo who was appointed as Judicial Commissioner; she also congratulated Frank Acosta who was offered a position at the District Attorneys' Office. She congratulated all the City commissioners for their hard work and encouraged people who are interested in serving on a commission or board to apply . Wished everyone a happy summer Councilmember Bustamante . Thanked staff and council for their efforts in convincing the Judicial Council that the 4th Court of Appeal needs to stay in Santa Ana and provided an update on his meetings in Sacramento . Congratulated Wilshire Square Neighborhood for a great concert . Congratulated Commissioner Glenn Mondo for his appointment as Judicial Commissioner CITY COUNCIL MINUTES 283 AUGUST 1, 2005 COUNCIL COMMENTS . Asked the Council to adjourn in memory of Aurelia Martinez, a long time Santa Ana resident ADJOURNMENT - 8:02 P.M. To August 15, 2005 - 5:15 p.m. - Police Chief's Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana, California Adjourned in Memory of Aurelia Martinez '!\ ~ Carol Molina-Espinoza Acting Clerk of the Council CITY COUNCIL MINUTES 284 AUGUST 1, 2005