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Home My WebLink About2005-08-15 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA AUGUST 15, 2005 CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:07 P.M. ATTENDANCE: Councilmembers present: LISA BIST, Mayor Pro Tem CLAUDIA ALVAREZ CARLOS BUSTAMANTE ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO Absent: MIGUEL PULIDO, MAYOR STAFF Present: DAVE N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PRO TEM BIST INVOCATION Bob Barnett, Police Chaplain CONSENT CALENDAR Mayor Pro Tem Bist announced the following modifications to the Consent Calendar: . Councilmember Solorio pulled item 13.C. . Councilmember Christy pulled item 13.0. . Mayor Pro Tem Bist pulled item 39.A. . Addition of Closed Session Report Item 19A Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Solorio (6) CITY COUNCIL MINUTES 287 AUGUST 15, 2005 CONSENT CALENDAR NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. 10A ADJOURNED REGULAR MEETING OF AUGUST 1, 2005 10.B. REGULAR MEETING OF AUGUST 1, 2005 BOARDS/COMMISSIONS/COMMITTEES 13A VACANCY REPORT AUGUST 10, 2005 Motion: Instruct Clerk to enter report into the Minutes. The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES Community Redevelopment / Housing Commission 2 Environmental Transportation Advisory Committee (ETAC) 1 Youth Commission -Alternate 2 Human Relations Commission 1 TOTAL 6 BOARD/COMMISSION EXPIRED TERMS 1 2 Board of Parks & Recreation Community Redevelopment! Housing Commission Environmental and Transportation Committee 1 WARD Sr. Tenant & Tenant Santa Ana Chamber 1&4 5 WARD 1 1 & Mayor 5 CITY COUNCIL MINUTES 288 AUGUST 15, 2005 CONSENT CALENDAR TOTAL 1 2 2 1 1 11 5 5 & Mayor 1 &Mayor 3 3 Library Board Personnel Board Planning Commission Youth Commission - Regular Youth Commission - Alternate 13.B. COUNCIL COMMITTEE REPORTS Committee Name Neighborhood Improvement/Code Enforcement Date 06/28/05 K~ Continued from the June 20, 2005 City Council Meeting by a vote of 7-0; July 5, 2005 City Council Meeting by a vote of 6-0 (Bist absent); and July 18,2005 by a vote of 7-0 Appointment of Rigoberto Rodriguez to the Planning Commission recommended by Councilmember Solorio as the Ward 1 representative for a full-term expiring on November 30, 2008. (Replacing Mondo, G) Motion: Continue the matter to the September 6, 2005 City Council meeting. MOTION: Solorio SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) .m .Jo1i"J_'.,;,"" ,-\) I~. \ A .. j ~ 1 .. G", ~ 'ocr _ ~ " "lit). Continued from the July 18, 2005 City Council Meeting by a vote of 7-0 Removal of Ward 4 representative from the Planning Commission Motion: Continue the matter 30 days. MOTION: Alvarez SECOND: Garcia CITY COUNCIL MINUTES 289 AUGUST 15, 2005 CONSENT CALENDAR VOTE: AYES: Alvarez, Bist, Garcia, Solorio (4) NOES: Bustamante, Christy (2) ABSTAIN: None (0) ABSENT: Pulido (1) 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.F.) 15.A. 15.B. 15.C. Council Meetina Aaendas Meetina Date City Council Agenda 08/01/05 Revised City Council Agenda 08/01/05 Adjourned Regular Meeting-Closed Session 08/01/05 Posted 07/28/05 07/29/05 Time 9:00 a.m. 4:25 p.m. 4:25 p.m. 07/29/05 Council Committee Aaendas Meetina Date Posted Time 15.D. Park Development, Recreation Programs and Education Partnerships 07/19/05 07/13/05 4:30 p.m. 15.E. Neighborhood Improvement/Code Enforcement 07/26/05 07/22/05 4:30 p.m. 15.F. Boards/Commission Resianation Effective Michael Weinstein, Workforce Investment Board 06/21/05 Posted . Time 08/01/05 11 :20 a.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree Date 16.A. 16.B. 16.C. Project SELF (Summer Employment in Law Firms Union Hispana Gala Awards Project SELF (Summer Employment in Law Firms) 08/03/05 08/05/05 08/06/05 CITY COUNCIL MINUTES 290 AUGUST 15, 2005 16.0. 16.E. Bolivian Independence Day Santa Ana Winds Youth Band CONSENT CALENDAR 08/05/05 08/08/05 MISCELLANEOUS ADMINISTRATION FINAL MAP NOTIFICA nONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A FINAL PARCEL MAP NO. 2002-133 - 3400-3500 WEST WARNER AVENUE Motion: Receive and file. 19A CLOSED SESSION REPORT Motion: Approve settlement. Joseph Scotti, WCAB CASE # ANA 0378522 vs. City of Santa Ana, compromise and release in the amount of $140,000 19.B. EXCUSED ABSENCES Motion: Excuse the absence of Mayor Pulido from the August 15, 2005 Council Meeting. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING FEDERAL FUNDS FOR BRISTOL STREET WIDENING Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-011 - Accepting Federal funds in the amount of $6,221,000 into the Select Street Construction fund and appropriating funds to the Select Street Construction fund for the Bristol Street Widening project between Third & Pine Streets SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. (22.B. through 22.D.) CITY COUNCIL MINUTES 291 AUGUST 15, 2005 CONSENT CALENDAR 22.A. SPEC. NO. 02-006 - BODY ARMOR VESTS - POLICE DEPARTMENT - Amend the contract with Galls/Uniform Center, a division of Long Beach Uniform Co., Inc., by $68,000 for an annual amount not to exceed $115,051 - Finance & Management Services Agency Motion: Continue Item 22A indefinitely per staff request. 22.B. SPEC. NO. 04-076 - INMATE PERSONAL CARE ITEMS - POLICE DEPARTMENT - Renew the contract with Bob Barker Company, Inc., for a one-year period in an annual amount not to exceed $23,705 - Finance & Management Services Agency 22.C. SPEC. NO. 05-079 - MULTIPLE-DISPLAY WALL CONTROLLER - Award a contract to Pixell in the amount of $23,072.51 - Finance & Management Services Agency 22.D. SPEC. NO. 05-080 - INMATE UNIFORMS - POLICE DEPARTMENT - Award a contract to Leslee Scott, Inc. for a period of one year with options for two one-year renewals, in an annual amount not to exceed $15,845 - Finance & Management Services Agency AGREEMENTS Motion Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (25.A through 25 D.) 25.A. AGMT NO. 2005-203 - HUNTER/ORGERON PROPERTY LOCATED AT 1249 W. FIRST STREET (PROJECT 1819) - With the Creighton D. Hunter and Betty A. Hunter Family Trust and the Orgeron Family Trust in the amount of $805,000 - Public Works Agency 25.B. AGMT NO. 2005-204 - FIRE STATION ALERTING SYSTEM UPGRADE - With Teleque on Fire in an amount not to exceed $13,000 - Fire Department 25.C. AGMT - LANDSCAPING AT STATE ROUTE 55 AND MACARTHUR BOULEVARD INTERCHANGE (PROJECT NO. 06-1015) - With Orange County Transportation Authority - Public Works Agency Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT NO. 2005-205 - COOPERATIVE AGREEMENT - With the Orange County Transportation Authority in the amount of $805,800 - Public Works Agency CITY COUNCIL MINUTES 292 AUGUST 15, 2005 CONSENT CALENDAR 2. Approve an appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. - 06-012 - Accepting $805,800 from the Orange County Transportation Authority in the project revenue account and appropriate the funds to the project expenditure account to install full landscaping at the State Route 55 and MacArthur Boulevard Interchange 25.0. AGMT NO. 2005-206 - GEOGRAPHIC INFORMATION SYSTEM -With Positron Public Safety Systems Inc. in an amount not to exceed $45,000 - Police Department LAND USE MATTERS MISCELLANEOUS LAND USE tiM Filed by Main Street Concourse LLC, Bill Hammerstein, requesting to name two private streets in the Specific Development No. 59 (SO-59) zoning district at 2775 North Main Street Applicant: Main Street Concourse, LLC. Bill Hammerstein, representing the applicant, addressed the Council to answer questions and to recommend that the Council approve the request to name the streets in the City Place project Motion: Continue the matter to the September 6, 2005 City Council meeting. MOTION: Solorio SECOND: Garcia VOTE: AYES: Bist, Bustamante, Garcia, Solorio (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Christy, Pulido (3) ** END OF CONSENT CALENDAR *** Councilmember Christy left the meeting. CITY COUNCIL MINUTES 293 AUGUST 15, 2005 BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION AUTHORIZING PARTICIPATION IN THE COUNTY OF ORANGE FAMILIES AND COMMUNITIES TOGETHER PROGRAM Motion: Adopt a resolution. 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. MOTION: Solorio SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy, Pulido (2) REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - City Manager The City Manager announced that the State Public Works Board unanimously approved the project on August 12, 2005 PUBLIC HEARINGS 75.A. APPEAL NO. 2004-10 (CONDITIONAL USE PERMIT NO. 2004-17) - 1102 NORTH KING STREET Filed by The Church in Santa Ana to appeal the decision of the Planning Commission, which denied the issuance of Conditional Use Permit No. 2004-17 to allow a church in the Single-Family Residence (R1) zoning district at 1102 North King Street. Continued from the June 20, 2005 City Council Meeting by a vote of 7-0 Legal Notice published in the Orange County Reporter on June 10, 2005 and notices mailed August 5, 2005 CITY COUNCIL MINUTES 294 AUGUST 15, 2005 PUBLIC HEARINGS Motion: Continue the matter to the November 21, 2005 City Council meeting per applicant's request. MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy, Pulido (2) 75.B. CONDEMNATION OF SPIEGEL PROPERTY LOCATED AT 124 SOUTH BRISTOL STREET (PROJECT 1819) Notices mailed July 29, 2005 Staff presentation by Jim Ross, Executive Director of Public Works Public hearing closed Motion: Adopt a resolution. (Requires five affirmative votes.) 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) MOTION: Garcia SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy, Pulido (2) 75.C. EMERGENCY ORDINANCE REGULATING MEDICAL MARIJUANA DISPENSARY USES Legal Notice published in the Orange County Reporter on August 5, 2005 Staff presentation by Jay Trevino, Executive Director of Planning and Building Public hearing closed CITY COUNCIL MINUTES 295 AUGUST 15, 2005 PUBLIC HEARINGS Motion: Adopt an emergency ordinance. (Requires five affirmative votes.) ORDINANCE NS-2694 - An emergency ordinance of the City of Santa Ana extending the temporary moratorium on the construction or establishment of medical marijuana dispensaries MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy, Pulido (2) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 6:40 P.M. COUNCIL RECONVENED AT 6:41 P.M. WITH SAME MEMBERS PRESENT W.SA WORK STUDY SESSION Trends and Developments in Open Government Laws presented by Joe Fletcher, City Attorney - Highlights of this presentation are as follows: . The Ralph M. Brown Act was enacted in 1953 in response to newspaper articles uncovering secret local agency meetings . The law states that all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body, except as otherwise provided in the Brown Act . Proposition 59, adopted in November, 2004, constitutionalized the Brown Act and the Public Records Act . The definition of legislative bodies includes the City Council, Council standing committees, and any bodies created by or at the behest of the Council such as Boards and Commissions . An action is a decision made by a majority of the members or a promise by a majority of the members to make a decision . A meeting is any congregation of a quorum to hear or receive information or discuss or deliberate regarding an item within the jurisdiction of the body . Meetings must be held within the City's boundaries except to inspect property that cannot be brought to the jurisdiction, to meet with Agency legislators or outside attorneys, or to meet with other outside agencies CITY COUNCIL MINUTES 296 AUGUST 15, 2005 WORK STUDY SESSION . Exceptions to the meeting definition include conferences, meetings of other legislative bodies, purely social gatherings and community meetings . A serial meeting is prohibited and includes any use of direct communication, personal intermediaries or technological devices that are employed by a majority of the members to develop a collective concurrence on action to be taken on an item by the legislative body . Ad hoc committees are comprised of less than a quorum of the legislative body and are charged with accomplishing a specific task in a limited time period; these meetings are exempt from the Brown Act . Regular meeting agendas must contain brief descriptions of each item of business to be transacted, and must be posted 72 hours in advance . Special meetings require posting 24 hours in advance with special notice given to the media . The Brown Act does not allow discussion or action on items not on the agenda . Agenda must include an opportunity for the public to address the body on each item before or during the legislative body's discussion on the item; on regular agendas the legislative body must include the opportunity for meaningful public comment on matters within the body's jurisdiction . Legislative body may meet in closed session for limited purposes . Knowing and intentional violation by any member of the legislative body is a misdemeanor prosecuted by the District Attorney . A civil injunction may be brought to set aside action taken in violation of the Act . Pending Brown Act amendments would place the burden of proof upon the City if judicial determination is sought after an action was adopted COMMENTS 90A PUBLIC COMMENTS Jim Walker addressed the Council and asked for support in encouraging retailers to toughen procedures to catch underage shoppers trying to buy tobacco products Steve McGuigan and Dave Lopez addressed the Council and expressed concern related to the continuance of Item 13 D on the Council Agenda. 90.B. CITY COUNCIL COMMENTS Councilmember Solorio . Asked staff for an update on the status of improvements on Susan Street CITY COUNCIL MINUTES 297 AUGUST 15, 2005 COMMENTS Mavor Pro Tem Bist . Asked staff for an update on shopping cart regulations · Asked the Council to adjourn in memory of Roman Gomez who was employed by Adelphia Cable and worked on the City Council meetings ADJOURNMENT -7:16 p.m. - To Tuesday, September 6,2005 at 5:30 p.m., City Hall, Room 831,20 Civic Center Plaza, Santa Ana, California Adjourned in Memory of Roman Gomez c<4<o<:'<-4---< . --P~6iCi~. Healy \.. U Clerk of the Council CITY COUNCIL MINUTES 298 AUGUST 15, 2005