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Home My WebLink About2005-09-06 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA SEPTEMBER 6, 2005 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:09 P.M. ATTENDANCE: Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tem CLAUDIA ALVAREZ CARLOS BUSTAMANTE ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council INVOCATION Dave Mitchell, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Dawna R. Cooper Paramedic, Fire Department 30 YEARS OF SERVICE Gary Labb Police Officer, Police Department PRESENTATIONS Special Presentation - Check for "Measure M" presented by ORANGE COUNTY SUPERVISOR LOU CORREA Proclamation presented by COUNCILMEMBER ALVAREZ to Luis Miguel Ortiz Haro, Mexican Consul, in recognition of Hispanic Heritage Month Proclamation presented by MAYOR PULIDO to Susie Gulick, for being named "Toastmaster of the Year" by the Founder's District of Toastmasters International CITY COUNCIL MINUTES 300 SEPTEMBER 6, 2005 PRESENTATIONS Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Relampago Del Cielo in recognition of their 30th Anniversary City Tile presented by COUNCILMEMBER SOLORIO to Glenn Mondo for his service on the Planning Commission Certificate of Recognition presented by COUNCILMEMBERS SOLORIO AND GARCIA to the Madison Park Neighborhood Association for hosting the Madison Park Walk-A-Thon, Resource Fair and Concert AGENDA ITEMS TAKEN OUT OF ORDER COUNCIL RECESSED TO THE HOUSING AUTHORITY AT 6:50 P.M. COUNCIL RECONVENED AT 6:52 WITH SAME MEMBERS PRESENT CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Councilmember Bustamante pulled Item 13.C. for separate discussion . Mayor Pro Tem Bist pulled item 39A for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items rem~x~:.fgr'.~~p~r~t~;~ction,~r modifi.ed 'a'~e:Ul~61"igh!e9 0,. Sepa~at~.a9.tii5it'~~1'lQ:W the actuah\(Q!~/ltems without votes are adopt!i'ld 'li\$ipjir.fiof tHe consent motion ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. - 10.B.) 10A ADJOURNED REGULAR MEETING OF AUGUST 15, 2005 CITY COUNCIL MINUTES 301 SEPTEMBER 6, 2005 CONSENT CALENDAR 10.B. REGULAR MEETING OF AUGUST 15, 2005 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT AUGUST 31,2005 Motion: Instruct Clerk to enter report into the Minutes. The Vacancy Report reflects only appointments made by the Council. Youth Commission -Alternate Human Relations Commission Planning Commission BOARD/COMMISSION Community Redevelopment / Housing Commission 2 Environmental Transportation Advisory Committee (ETAC) 1 2 1 1 7 VACANCIES WARD Sr. Tenant & Tenant Santa Ana Chamber 1&4 5 1 TOTAL 13.B. VACANCY REPORT AUGUST 31,2005 BOARD/COMMISSION 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 1 Mayor Youth Commission - Regular 1 3 Youth Commission - Alternate 1 3 TOTAL 10 13.C. /lr'iiAPPOINTMENTS.. ,.. ,.,.,,1 .. ,"''''''f'.,', ",~,"..'" ',' ,.' ,.... ".. , .. "....... ':', ,',..,.....,.,...., i;'</;II:":,:,:""I":" ',oj, 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; and August 15, 2005 by a vote of 5-0 (Pulido absent) CITY COUNCIL MINUTES 302 SEPTEMBER 6, 2005 CONSENT CALENDAR Motion: Appoint 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: Solorio SECOND: Garcia VOTE: AYES: Pulido, Christy, Garcia, Solorio (4) NOES: Alvarez, Bustamante, Bist (3) ABSTAIN: None (0) ABSENT: None (0) 13.0. APPOINTMENTS Motion: Appoint Jennifer S. Schultz to the Youth Commission recommended by Councilmember Bustamante as the Ward 3 representative (regular) for a full term (replacing S. Troung) 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.E.) Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 08/15/05 08/10/05 4:50 p.m. 15.8. City Council Agenda-Revised 08/15/05 08/12/05 5:00 pm 15.C. Adjourned Regular Meeting-Closed Session Agenda 08/15/05 08/12/05 5:00 p.m. Boards/Commission Resignation Effective Posted Time 15.0. Glenn Mondo, Planning Commission 08/22/05 08/22/05 5:15 p.m. 15.E. Anita Ford, Board of Recreation and Parks 07/27/05 08/26/05 12:15 p.m. CITY COUNCIL MINUTES 303 SEPTEMBER 6, 2005 CONSENT CALENDAR MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.D.) Honoree Date 16.A. 16.B. 16.C. 16.D. 2005 Water Olympics Participants Spanish Director Alex de la Iglesia Birthday Recognition for Irma Sarmiento Black Chamber of Commerce, 14th Annual Awards Banquet 8/14/2005 8/27/2005 8/27/2005 8/27/2005 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT None 19.B. EXCUSED ABSENCES - None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. FISCAL YEAR 2004-2005 APPROPRIATION YEAR-END ADJUSTMENT Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-142 - Recognizing fiscal year 2004-2005 revenues of $2,035,125 in the various Redevelopment Project Area Funds, and Housing Authority Funds, the repayment of $204,580 in loan obligations and the operating transfer of $819,015 to the Downtown Parking and Maintenance Funds 20.B. APPROPRIATION ADJUSTMENT FOR LAND AND WATER CONSERVATION FUND GRANT AWARD Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-015 - Recognizing $152,235 in State of California Land and Water Conservation Fund grant revenue account and appropriate funds to the Land and Water Conservation Fund expenditure account CITY COUNCIL MINUTES 304 SEPTEMBER 6, 2005 CONSENT CALENDAR 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. 02-111 PAINT AND SUPPLIES - Renew the contracts for paint and supplies for a one-year period in annual amounts as follows: Vendor: Vista Paint Corp. Griffin Ace Hardware Northtown Company Location: Fullerton Santa Ana Huntington Beach Cateoories: B,C,E,F G A Amount: $45,191 $10,050 $ 5,940 22.B. SPEC. NO. 03-061 LANDSCAPE MAINTENANCE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY - Renew the contract with ValleyCrest Landscape Maintenance, Inc., for a one-year period in an annual amount not to exceed $63,240 - Finance & Management Services Agency 22.C. SPEC. NO. 05-048 - ELECTROMAGNET FLOW METERS - PUBLIC WORKS AGENCY - Award a contract to Hykin Systems Automation, Inc. in the amount of $24,905.76 - Finance & Management Services Agency 22.D. SPEC. NO. 05-077 - FIRE DETECTION PANEL - Award a contract to SimplexGrinnel in an amount not to exceed $81,000 - Finance & Management Services Agency 22.E. SPEC. NO. 05-082 - INMATE BATH TOWELS & LINENS - 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 $10,689 - Finance & Management Services Agency 22.F. SPEC. NO. 05-089 - LIBRARY CATALOGING AND PURCHASE OF BOOKS AND MATERIALS - L1BRARY- Award a contract to Brodart Company for a one-year period in the amount not to exceed $583,540 - Finance & Management Services Agency PROJECTS 23.A. NEGATIVE DECLARATION FOR THE PATRICIA LANE SCENIC ENHANCEMENT PROJECT (PROJECT NO.6372) Motion: Approve and certify a Negative Declaration for the Patricia Lane Scenic Enhancement project. CITY COUNCIL MINUTES 305 SEPTEMBER 6, 2005 CONSENT CALENDAR 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 NOS. 2005-208, 209, 210 AND 211 - HISTORIC PROPERTY PRESERVATION AGREEMENT NOS. 2005-03 THROUGH 2005-06 - Execute agreements with the following property owners: James R. and Louise A. Ferrell (2005-03) at 2033 North Greenleaf Street (Ferrell House); Donald A. Nelson (2005-04) at 2014 North Bush Street (McClain House); Sterling B. Mutz, Trustee of Sterling B. Mutz (2005-05) Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986 at 1719 North Heliotrope Drive (Bulpitt House); and Ernestine Vasquez (2005-06) at 1320 North Broadway (Weissman-Flagg House) - Planning and Building Agency 25.B. AGMT NO. 2005-212 MAINTENANCE AND SERVICE OF UNDERGROUND FUEL TANKS - Amend the agreement with Pacific System Electric for the for an additional $16,294.54 for a total aggregate amount not to exceed $36,139.54 - Fire and Police Departments 25.C. AGMT NO. 2005-213 - POLICE SERVICE DOG TRAINING, EQUIPMENT, AND REPLACEMENT - Renew the agreement with Adlerhorst International, Inc. for a one-year period in an amount not to exceed $39,400 - Police Department 25.D. AGMT NO. 2005-214 - COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE - Renew the agreement with Northrop Grumman Public Safety, Inc. in an amount not to exceed $71,000 - Police Department 25.E. AGMT NO. 2005-215 - POLICE JAIL MANAGEMENT SYSTEM - Execute an amendment to the agreement with CompuDyne Inc. extending the term of the agreement for an additional year in an amount not to exceed $42,000 - Police Department MISCELLANEOUS BUDGET 29.A. DONATION FOR POLICE CANINE Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-019 - Recognizing a donation from the Hizar family in the amount of $11,300 in the Police Special Revenue Fund and appropriate same into the Canine Program Animals expenditure account for the purchase of one police canine and related CITY COUNCIL MINUTES 306 SEPTEMBER 6, 2005 CONSENT CALENDAR training - Police Department CONDITIONAL USE PERMIT / VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2005-21 AND MODIFICATION TO VARIANCE NO. 1995-09 - 3770 WEST MCFADDEN AVENUE Filed by Rio Vista West, LLC to request a conditional use permit to allow drive through window service and modify the variance to allow the required number of parking spaces resulting from the construction of two new buildings within an existing commercial center in the North Harbor Specific Plan (SP2) at 3770 West McFadden Avenue. Recommended action approved by the Planning Commission at its August 8, 2005 meeting by a vote of 6-0 (Leo absent) Applicant: Rio Vista West, LLC Motion: Receive and file the staff report approving Conditional Use Permit No. 2005-21 as conditioned and modification to Variance 1995-09 as conditioned. 31.B. VARIANCE NOS. 2005-13, 2005-17 THROUGH 2005-21; 2005-26 THROUGH 2005-47; 2005-49 THROUGH 2005-52; AND 2005-57 THROUGH 2005-60 - 2000 BLOCK OF WEST ELDER AVENUE AND 2000 BLOCK OF WEST LA VERNE AVENUE Filed by 36 property owners to allow a second drive and/or a wider driveway at the properties located within the 2000 block of West Elder Avenue and 2000 block of West La Verne Avenue and to allow at least one circular driveway at 2425 West Elder Avenue in the Single Family Residential (R1) zoning district. Recommended action approved by the Planning Commission at its August 22,2005 meeting by a vote of 5-2 (Leo and Nalle, No) Motion: Receive and file the staff report: 1. Denying Variance No. 2005-13(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-13(b) to allow a driveway that exceeds the width of the garage at 2305 West Elder Avenue. 2. Denying Variance No. 2005-17(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-17(b) CITY COUNCIL MINUTES 307 SEPTEMBER 6, 2005 CONSENT CALENDAR to allow a driveway that exceeds the width of the garage at 2225 West Elder Avenue. 3. Denying Variance No. 2005-18(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-18(b) to allow a driveway that exceeds the width of the garage at 2229 West Elder Avenue. 4. Denying Variance No. 2005-19(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-19(b) to allow a driveway that exceeds the width of the garage at 2301 West Elder Avenue. 5. Denying Variance No. 2005-20(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-20(b) to allow a driveway that exceeds the width of the garage at 2302 West Elder Avenue. 6. Denying Variance No. 2005-21 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-21 (b) to allow a driveway that exceeds the width of the garage at 2306 West Elder Avenue. 7. Denying Variance No. 2005-26(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-26(b) to allow a driveway that exceeds the width of the garage at 2202 West La Verne Avenue. 8. Denying Variance No. 2005-27(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-27(b) to allow a driveway that exceeds the width of the garage at 2205 West La Verne Avenue. 9. Denying Variance No. 2005-28(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-28(b) to allow a driveway that exceeds the width of the garage at 2217 West La Verne Avenue. 10. Denying Variance No. 2005-29(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-29(b) to allow a driveway that exceeds the width of the garage at 2218 West La Verne Avenue. 11. Denying Variance No. 2005-30(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-30(b) to allow a driveway that exceeds the width of the garage at 2221 West La Verne Avenue. CITY COUNCIL MINUTES 308 SEPTEMBER 6,2005 CONSENT CALENDAR 11. 12. Denying Variance No. 2005-31 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-31 (b) to allow a driveway that exceeds the width of the garage at 2225 West La Verne Avenue. 13. Denying Variance No. 2005-32(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-32(b) to allow a driveway that exceeds the width of the garage at 2229 West La Verne Avenue. 14. Denying Variance No. 2005-33(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-33(b) to allow a driveway that exceeds the width of the garage at 2301 West La Verne Avenue. 15. Denying Variance No. 2005-34(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-34(b) to allow a driveway that exceeds the width of the garage at 2302 West La Verne Avenue. 16. Denying Variance No. 2005-35(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-35(b) to allow a driveway that exceeds the width of the garage at 2305 West La Verne Avenue. 17. Denying Variance No. 2005-36(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-36(b) to allow a driveway that exceeds the width of the garage at 2306 West La Verne Avenue. 18. Denying Variance No. 2005-37(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-37(b) to allow a driveway that exceeds the width of the garage at 2322 West La Verne Avenue. 19. Denying Variance No. 2005-38(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-38(b) to allow a driveway that exceeds the width of the garage at 2325 West La Verne Avenue. 20. Denying Variance No. 2005-39(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-39(b) to allow a driveway that exceeds the width of the garage at 2405 West La Verne Avenue. 21. Denying Variance No. 2005-40(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-40(b) CITY COUNCIL MINUTES 309 SEPTEMBER 6, 2005 CONSENT CALENDAR to allow a driveway that exceeds the width of the garage at 2406 West La Verne Avenue. 22. Denying Variance No. 2005-41 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-41(b) to allow a driveway that exceeds the width of the garage at 2413 West La Verne Avenue. 23. Denying Variance No. 2005-42(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-42(b) to allow a driveway that exceeds the width of the garage at 2414 West La Verne Avenue. 24. Denying Variance No. 2005-43(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-43(b) to allow a driveway that exceeds the width of the garage at 2417 West La Verne Avenue. 25. Denying Variance No. 2005-44(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-44(b) to allow a driveway that exceeds the width of the garage at 2421 West La Verne Avenue. 26. Denying Variance No. 2005-45(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-45(b) to allow a driveway that exceeds the width of the garage at 2422 West La Verne Avenue. 27. Denying Variance No. 2005-46(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-46(b) to allow a driveway that exceeds the width of the garage at 2425 West La Verne Avenue. 28. Denying Variance No. 2005-47(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-47(b) to allow a driveway that exceeds the width of the garage at 2429 West La Verne Avenue. 29. Denying Variance No. 2005-49(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-49(b) to allow a driveway that exceeds the width of the garage at 2313 West Elder Avenue. 30. Denying Variance No. 2005-50(a) to allow a circular driveway and approving Variance No. 2005-50(b) to allow a driveway that exceeds the width of the garage at 2425 West Elder Avenue. CITY COUNCIL MINUTES 310 SEPTEMBER 6, 2005 CONSENT CALENDAR 31. Denying Variance No. 2005-51 (a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-51 (b) to allow a driveway that exceeds the width of the garage at 2426 West Elder Avenue. 32. Denying Variance No. 2005-52(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-52(b) to allow a driveway that exceeds the width of the garage at 2430 West Elder Avenue. 33. Denying Variance No. 2005-57(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-57(b) to allow a driveway that exceeds the width of the garage at 2202 West Elder Avenue. 34. Denying Variance No. 2005-58(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-58(b) to allow a driveway that exceeds the width of the garage at 2221 West Elder Avenue. 35. Denying Variance No. 2005-59(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-59(b) to allow a driveway that exceeds the width of the garage at 2326 West Elder Avenue. 36. Denying Variance No. 2005-60(a) to allow a second driveway that does not lead to a garage and approving Variance No. 2005-60(b) to allow a driveway that exceeds the width of the garage at 2329 West Elder Avenue. MISCELLANEOUS LAND USE 39"A',"('1" ,,,,'~"i:'>;',:,,;"" STREET NAMEN(i);)200~~Q~/..FOR THE~rE.~,:~~~CE,:MIXED USE PROJECT LOCATED AT27~'5:,N0RTH.MAINS17REE'T " ',,~. ~ ".: '.' "', Mayor Pulido declared a potential conflict of interest due to receipt of a recent campaign contribution from the applicant and left the dais; Mayor Pro Tem Bist assumed the Chair Filed by Main Street Concourse LLC, Bill Hammerstein, requesting to name two private streets in the Specific Development No. 59 (SD-59) zoning district at 2775 North Main Street Applicant: Main Street Concourse, LLC. CITY COUNCIL MINUTES 311 SEPTEMBER 6, 2005 CONSENT CALENDAR Continued from the August 15, 2005 City Council Meeting by a vote of 4-0 (Pulido, Christy, and Alvarez absent) Mayor Pro Tem Bist noted that Mr. Bill Hammerstein, representing Main Street Concourse LLC, has requested that the proposed street name "Crescent Drive" be changed to City Place Drive and the proposed street name of Jeanette Lane be approved as originally submitted. Motion: Approve the naming of the streets for the City Place mixed use project located at 2775 North Main Street as amended to change the proposed "Crescent Drive" to "City Place Drive" MOTION: Solorio SECOND: Garcia VOTE: AYES: Bustamante, Bist, Christy, Garcia, Solorio (5) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: Alvarez (1) *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR At this time Councilmember Garcia left the meeting ORDINANCES 50A ADOPT AN ORDINANCE TO REGULATE VENDING VEHICLES AND ESTABLISHING A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM Staff presentation by Steve Harding, Deputy City Manager Evangeline Gawronski, Paul Giles, Mary Bloom-Ramos, Steve McGuigan, Dave Lopez, Jorge Doffo, Julie Stroud, and Desi Reyes addressed the Council in support of the proposed ordinance Marclo Soriano, Angel Tellez, David Soriano, Pedro Vasquez, and Maria Gomez expressed concerns relative to the proposed ordinance including the time proposed time schedules and permit parking fees ORDINANCE NO. NS-2695 - An ordinance of the City Council of the City of Santa Ana amending Sections 36-56 through 36-63 of Chapter 36 of CITY COUNCIL MINUTES 312 SEPTEMBER 6, 2005 BUSINESS CALENDAR the Santa Ana Municipal Code to regulate vending vehicles, amending Section 1-18.1, and the adoption of a citywide vending preferential parking program Motion: Continue the matter 30 days MOTION: Alvarez SECOND: Pulido VOTE: AYES: Alvarez, Pulido (2) NOES: Bist, Bustamante, Christy, Solorio (4) ABSTAIN: None (0) ABSENT: Garcia (1) The motion failed of adoption; Council discussion ensued. Motion: Continue the matter 30 days MOTION: Alvarez SECOND: Pulido VOTE: AYES: Alvarez, Pulido, Solorio (3) NOES: Bist, Bustamante, Christy (3) ABSTAIN: None (0) ABSENT: Garcia (1) The motion to continue the matter again failed of adoption The ordinance was not considered and left on the agenda and will be carried forward to the September 19, 2005 City Council Meeting for consideration. AGENDA ITEMS TAKEN OUT OF ORDER REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - City Manager The City Manager provided an update on developments related to the Fourth District Court of Appeal. He noted that the financing for the project is now in place and that demolition of the existing structure will begin by the end of September. CITY COUNCIL MINUTES 313 SEPTEMBER 6, 2005 PUBLIC HEARINGS 75.A. APPEAL NO. 2005-03 (VARIANCE NO. 2005-09) - 617 EAST SEVENTEENTH STREET Filed by Steve Krieger to appeal the decision of the Planning Commission, which denied the issuance of Variance No. 2005-09 to permit the construction of a 50-foot tall flagpole in the Arterial Commercial (C5) zoning district at 617 East Seventeenth Street. Recommended action approved by the Planning Commission at its June 13, 2005 meeting by a vote of 6-0 (Leo absent) Legal Notice published in the Orange County Reporter on August 26, 2005 Councilmember Bustamante declared a conflict of interest due to receipt of a campaign contribution from the applicant and left the dais for this item only Staff Presentation by Jay Trevino, Executive Director, Planning and Building Agency Written communication: None received Steve Krieger, applicant, addressed the Council in support of the variance request; Public hearing closed. Motion: Adopt a resolution. RESOLUTION NO. 2005-079 - A resolution of the City Council of the City of Santa Ana denying Variance No. 2005-09 (Appeal No. 2005-03) seeking to allow a 50-foot tall flagpole at an existing service station at 617 East Seventeenth Street MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Pulido (4) NOES: Solorio (1) ABSTAIN: Bustamante (1) ABSENT: Garcia (1) 75.B. 2005/06 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT CITY COUNCIL MINUTES 314 SEPTEMBER 6, 2005 PUBLIC HEARINGS Legal Notice published in the Orange County Reporter on August 26, 2005 Staff Presentation by Police Chief Paul Walters Written communication: none received No public speakers; public hearing closed. Motion: Adopt a resolution. RESOLUTION NO. 2005-080 - A resolution of the City Council of the City of Santa Ana to approve the proposed expenditure plan for the 2005- 2006 Supplemental Law Enforcement Services Fund MOTION: Christy SECOND: Solorio VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Pulido Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Garcia (1) 75.C. WEST PUMP STATION FACILITY UPGRADES Legal Notice published in the Orange County Reporter on August 26, 2005 Staff presentation: Thom Coughran, Water Resources Manager, Public Works Agency Written Communications Received: None No public comments; public hearing closed Motion: Instruct the Clerk of the Council to notify the Environmental Protection Agency that the public hearing related to the West Pump Station Facility Upgrades was held on this date. MOTION: Alvarez SECOND: Bist CITY COUNCIL MINUTES 315 SEPTEMBER 6, 2005 BUSINESS CALENDAR VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Garcia (1) Mayor Pulido declared a conflict of interest on Item 55A due to the proximity of his business and on Item 750 due to receipt of a campaign contribution; he abstained and left the meeting Mayor Pro Tem Bist assumed the Chair RESOLUTIONS 55.A. APPEAL NO. 2005-02 (VARIANCE NO. 2004-18) - 419 EAST FIRST STREET Filed by Enrique Legaspi for Regency Centers to appeal the decision of the Planning Commission, which denied the issuance of Variance No. 2004-18 to reduce the required on-site parking for FAMSA in the General Commercial (C2) and Arterial Commercial (C5) zoning districts at 419 East First Street Continued from the May 2, 2005 City Council meeting by a vote of 6-0 (Pulido abstained), and August 1, 2005 City Council meeting by a vote of 4-2-0 (Christy and Garcia, No and Pulido abstained) Public Hearing closed on May 2, 2005 Desi Reyes addressed the Council in support of the variance request Motion: Adopt a resolution. RESOLUTION NO. 2005-047 - A resolution of the City Council of the City of Santa Ana 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: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Christy, (4) CITY COUNCIL MINUTES 316 SEPTEMBER 6, 2005 BUSINESS CALENDAR NOES: Solorio (1) ABSTAIN: Pulido (1) ABSENT: Garcia (1) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AT 8:51 PUBLIC HEARING 75.D. JOINT PUBLIC HEARING - AMENDMENT APPLICATION NO. 2005-04 TO ALLOW A ZONE CHANGE FROM COMMERCIAL-MUSEUM DISTRICT TO SPECIFIC DEVELOPMENT NO. 78, CONDITIONAL USE PERMIT NO. 2005-20 TO ALLOW A BANQUET FACILITY, LAND USE EXCHANGE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STEADFAST SPE, LEASE AGREEMENT BETWEEN CITY OF SANTA ANA AND THE BOWERS MUSEUM, AMENDMENT TO OPERATING AGREEMENT BETWEEN CITY OF SANTA ANA AND THE BOWERS MUSEUM, AND APPROPRIATION ADJUSTMENT FOR PROJECT AT 2032 NORTH MAIN STREET Filed by The Bowers Museum c/o John Grace (Lutzky and Associates), to change zoning from Community Commercial-Museum District to Specific Development No. 78 (SD-78) and to allow a banquet facility within SD-78, approve a land Exchange Agreement between the City of Santa Ana and Steadfast SPE, approve a Lease Agreement between the City of Santa Ana and The Bowers Museum, and approve an appropriation adjustment for the project at 2032 North Main Street Legal Notice published in the Orange County Reporter on August 26, 2005 Applicant: The Bowers Museum Staff presentation by Jay Trevino, Executive Director, Planning and Building Agency Public Hearing: Diane Ashbaugh and Ellen Diamond addressed the Council and Agency in support of the project. Robert Coffee, architect representing Bowers Museum also addressed the Council and Agency; public hearing closed. Motion: 1. Approve and adoptthe Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-45 CITY COUNCIL MINUTES 317 SEPTEMBER 6, 2005 PUBLIC HEARINGS 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2696 - An ordinance of the City Council of the City of Santa Ana adopting The Bowers Museum Specific Development District No. 78 (SD-78) and rezoning the property located at 2032 North Main Street from Community Commercial-Museum District (C1-MD) to Specific Development No. 78 (SD-78) (M No. 2005-04) 3. Adopt a resolution as amended to revise the language in condition #4 ( Exhibit A) to read "the arched entry along the Main Street elevation shall be redesigned, in consultation with planning staff, and be brought back to the City Council for review and approval" RESOLUTION NO. 2005-081 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2005-20 as conditioned for banquet facility for the property located at 2032 North Main Street 4. Adopt a resolution. RESOLUTION NO. 2005-082 - A resolution of the City Council of the City of Santa Ana approving various agreements and land exchanges between the City, the Community Redevelopment Agency of the City of Santa Ana, Charles W. Bowers Museum Corporation and Steadfast Courtyards, L.P. relating to properties located at 1900 to 2110 North Main Street 5. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-020 Authorizing a $200,000 loan repayment from the Central City Redevelopment Project Area and appropriating $200,000 to the Bowers Museum Capital Account MOTION: Solorio SECOND: Christy VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Solorio (5) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: Garcia (1) CITY COUNCIL MINUTES 318 SEPTEMBER 6, 2005 COMMENTS COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 9:21 P.M. COUNCIL RECONVENED AT 9.22 P.M. WITH SAME MEMBERS PRESENT COMMENTS 90A PUBLIC COMMENTS Trinidad Ferm addressed the Council relative to concerns in her neighborhood and the need to fence off certain areas. Mayor Pro Tem Bist asked the City Manager to work with Ms. Ferm and the neighborhood in addressing her concerns with the Police Department Dave Carleen and Jim Hilton expressed concern that the City requires 44" wide aisles in warehouses when the state standard is 36" Steve McGuigan expressed support for Planning Commissioner Tom Lutz 90.B. CITY COUNCIL COMMENTS Councilmember Solorio . Noted that school starts this week and wished all parents and their kids well during the school year . Reminded residents that Hispanic Heritage Month is celebrated September 15-0ctober 15, 2005 . Also reminded residents that the annual Fiestas Patrias California event will be held Saturday, September 17 and Sunday, September 18,2005. The EI Grito Ceremony will be held on Thursday, September 15,2005 Councilmember Christy . Expressed concerns relative to the presence of high risk registered sexual offenders in her Ward and encouraged residents to utilize available Megan's Law data base information available on the internet to stay informed relative to the location of high risk offenders . Asked Gerardo Mouet, Executive Director, Parks, Recreation and Community Services A~ency to give an update on the Youth Expo scheduled for October 9 at Santa Ana College . Asked the Council to adjourn in memory of Manuel Esqueda and Harry M. Dotson, who was Mayor of the City of Stanton Council member Alvarez . Asked staff to investigate concerns raised by seniors at the Southwest Senior Center CITY COUNCIL MINUTES 319 SEPTEMBER 6, 2005 COMMENTS o . Noted that she considered Manuel Esqueda to be a great friend who always had a "wise word", and further noted that his death was a great loss to the community Mavor Pro Tem Bist . Encouraged the community to continue supporting the Farmers Market which is open every Wednesday in the Downtown ADJOURNMENT - 9:56 p.m. - To September 19, 2005 - 5:15 p.m. - Police Chiefs Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana, California In Memory of Harry M. Dotson and Manuel Esqueda //// . c;y , 4 / .' ./.~. ~,{ ,~{l/L-<--c<: -C-L/ . ... -L, Patricia E. Healy Clerk of the Council I CITY COUNCIL MINUTES 320 SEPTEMBER 6, 2005