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Home My WebLink About2005-09-19MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA SEPTEMBER 19, 2005 CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:10 P.M. ATTENDANCE: Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tem CLAUDIAALVAREZ CARLOS BUSTAMANTE ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Roger Aragon, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Mayor Pulido abstained from Item 11.A. • Mayor Pulido pulled Items 13.C.. and 25.J. • Mayor Pro Tern Bist pulled Items 22.F, 23.A. and 31.A. • Mayor Pro Tern Bist abstained from Item 31.C. • Councilmember Christy voted no on Item 31.6. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Solorio VOTE: AYES: NOES SECOND: Garcia Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) None (0) CITY COUNCIL MINUTES 321 SEPTEMBER 19, 2005 CONSENT CALENDAR ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. 10.A. ADJOURNED REGULAR MEETING OF SEPTEMBER 6, 2005 10.B. REGULAR MEETING OF SEPTEMBER 6, 2005 ORDINANCES SECOND READING 11.A. AMENDMENT APPLICATION NO. 2005-04 TO ALLOW A ZONE CHANGE FROM COMMERICAL -MUSEUM DISTRICT TO SPECIFIC DEVELOPMENT NO. 78 — 2032 NORTH MAIN STREET Motion: Placed on first reading at the September 6, 2005 Council Meeting and approved by a 5-0 vote (Garcia absent and Pulido abstained) Published in the Orange County Reporter on September 9, 2005 1. Place ordinance on second reading and adopt. 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 (CI -MD) to Specific Development No. 78 (SD-78) (AA No. 2005-04) 2. Adopt a resolution. CITY COUNCIL MINUTES 322 SEPTEMBER 19, 2005 12.A. Motion CONSENT CALENDAR RESOLUTION NO. 2005-091 — A resolution approving the revised Main Street elevation for Bowers Museum expansion. Mayor Pulido abstained on Item 11.A. due to recent receipt of a campaign contribution ABANDONMENT NO. 03-06-S: TO SUMMARY VACATE A PORTION OF FIRST AMERICAN WAY SOUTH OF COLUMBINE AVENUE Adopt a resolution RESOLUTION NO. 2005-083 - A resolution approving the summary vacation of a portion of street and sidewalk adjacent to 1 First American Way south of Columbine Avenue BOARDS/COMMISSIONS/COMMITTEES 13.A. Motion VACANCY REPORT - SEPTEMBER 14, 2005 Instruct Clerk to enter report into the Minutes The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES WARD Community Redevelopment / Sr. Tenant Housing Commission 2 &Tenant Environmental Transportation Advisory Committee (ETAC) Santa Ana 1 Chamber Youth Commission —Alternate 2 1 & 4 Human Relations Commission 1 5 TOTAL 6 BOARD/COMMISSION EXPIRED WARD TERMS Board of Parks & Recreation 1 1 Community Redevelopment/ 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 9 CITY COUNCIL MINUTES 323 SEPTEMBER 19, 2005 13.13. Motion COUNCIL COMMITTEE REPORTS Committee Name Neighborhood Improvement/Code Enforcement CONSENT CALENDAR Date 06/28/05 Continued from the July 18, 2005 City Council Meeting by a vote of 7-0 Table item and reaffirm appointment* MOTION: Christy Substitute Motion: Table item MOTION: Alvarez VOTE: AYES NOES: ABSTAIN: ABSENT SECOND: Solorio SECOND: Bist Alvarez, Bist, Pulido, Garcia (4) Bustamante, Christy, Solorio (3) None (0) None (0) *Due to an error by the Clerk of the Council in recording the vote on the substitute motion, the Mayor announced that the motion failed and a second vote was taken on the original motion. However, following clarification by the Councilmembers as to their actual votes on the substitute motion, the Mayor announced that the substitute motion passed by a 4-3 vote. The vote on the original motion was not necessary and therefore not recorded. CLERK OF THE COUNCIL POSTING REPORT The following notices were posted Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 09/06/05 09/01/05 1:15 P.M. 15.B. Revised City Council Agenda 09/06/05 09/02/05 4:35 p.m. 15.C. Adjourned Regular Meeting -Closed Session 09/06/05 09/02/05 4:35 p.m. Council Committee Agendas Meeting Date Posted Time 15.D. Main Street Development -Cancellation Notice 08/04/05 08/01/05 3:35 p.m. CITY COUNCIL MINUTES 324 SEPTEMBER 19, 2005 CONSENT CALENDAR 15.E. Technology Committee -Cancellation Notice 08/10/05 08/10/05 5:00 p.m. 15.F. Neighborhood Improvement/Code Enforcement 08/23/05 08/19/05 10:30 p.m. 15.G. Main Street Development 09/01/05 08/29/05 5:00 P.M. 15.H. Park Development, Recreation Programs and Education Partnerships 09/06/05 08/30/05 11:30 a.m. 15.1. Public Safety 09/12/05 09/09/05 3:10 p.m. 15.J. Technology Committee 09/14/05 09/09/05 3:10 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree 16.A. Manuel Esqueda Elementary School Grand Opening 16.6. AYSO Soccer Day 16.C. Developmental Disabilities Day MISCELLEANOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT — None 19.6. EXCUSED ABSENCES — None 19.C. SANTA ANA ZOO AT PRENTICE PARK LOGO Motion: Receive and file Date 09/08/05 09/12/05 09/16/05 19.D. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT Recommended action approved by the Community Redevelopment and Housing Commission at its September 6, 2005 meeting by a vote of 5-0 (Rodriguez absent) Motion: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. CITY COUNCIL MINUTES 325 SEPTEMBER 19, 2005 CONSENT CALENDAR BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT FOR URBAN CREEK RESTORATION PROGRAM GRANT AWARD (PROJECT 6286) Motion: Approve appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 06-025 - Recognizing $135,000 in State of California Urban Creek Restoration Program grant funds in revenue account and appropriate same to the Urban Creek Restoration Program expenditure accounts - Parks, Recreation & Community Services Agency 20.13. APPROPRIATION ADJUSTMENT ACCEPTING LIBRARY SERVICES AND TECHNOLOGY ACT PUBLIC LIBRARY STAFF EDUCATION FUNDS Motion: Approve appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 06-023 -Accepting Federal Library Services and Technology Act funds for the Public Library Staff Education Program of $9,224 in revenue account and appropriate the funds to expenditure accounts — Library 20.C. APPROPRIATION ADJUSTMENT ACCEPTING FY 2005 HOMELAND SECURITY GRANT PROGRAMS Motion: 1. Adopt a resolution RESOLUTION NO. 2005-084 - Authorizing the City Manager, Chief of Police and/or the Fire Chief to execute a grant award agreement with the State of California, Office of Emergency Services for the FY 2005 Urban Areas Security Initiative and Metropolitan Medical Response System Grant Program 2. Adopt a resolution. RESOLUTION NO. 2005-085 - A resolution to amend the current annual budget to add one position in the Police Department 3. Direct the City Attorney's Office to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment or services with the County of Orange, City of Anaheim or any of the cities located in the designated Santa Ana Urban Area. CITY COUNCIL MINUTES 326 SEPTEMBER 19, 2005 CONSENT CALENDAR 4. Approve an Appropriation Adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-026 - Recognizing the Urban Areas Security Initiative and Metropolitan Medical Response System grant funds in the amounts of $8,220,754 and $220,764 respectively, and appropriate same in the FY 2005 Urban Areas Security Initiative Program Grant and FY 2005 Metropolitan Medical Response System grant expenditure accounts. 20.D. APPROPRIATION ADJUSTMENT FOR METROPOLITAN WATER DISTRICT SYNTHETIC TURF PROGRAM GRANT AWARD Motion: Approve appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 06-025 — Recognizing $50,000 in Metropolitan Water District of Southern California Synthetic Turf Program grant funds in revenue account and appropriate funds to the Synthetic Turf Program expenditure accounts — Parks, Recreation & Community Services Agency 20.E. APPROPRIATION ADJUSTMENT - DEPARTMENT OF LABOR FAITH - BASED ORGANIZATION GRANT - SANTA ANA Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-027 - To accept funding on behalf of the Santa Ana Workforce Investment Board in the amount of $500,000 into revenue account and appropriate the same to various expenditure accounts to facilitate working partnerships with local grassroots Faith -Based Organizations and the Santa Ana W/O/R/K Center 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT 2005-216 - FACILITATE WORKING PARTNERSHIPS WITH LOCAL GRASSROOTS FAITH -BASED ORGANIZATIONS AND THE SANTA ANA W/O/R/K CENTER - With the Department of Labor to accept funding on behalf of the Santa Ana Workforce Investment Board in the amount of $500,000 — Community Development Agency CITY COUNCIL MINUTES 327 SEPTEMBER 19, 2005 CONSENT CALENDAR 20.F. APPROPRIATION ADJUSTMENT FOR ADDITIONAL WORKFORCE INVESTMENT ACT RAPID RESPONSE PROGRAM FUNDS Motion: Approve appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 06-021 — Recognizing additional revenues of $91,535 in Workforce Investment Act funds from the State of California for the Rapid Response Program SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. (22.A. through 22.1.) 22.A. SPEC. NO. 01-032 - HARDSCAPE CLEANING — PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Renew the contract with Hydroblast for a one-year period in an annual amount not to exceed $177,040 — Finance & Management Services Agency 22.13. SPEC. NO. 04-075 - VEHICLE TIRES - Renew the contracts for a 12- month period with options for one 12-month renewal in the following annual amounts not to exceed: Vendor: Location: Amount: Scher Tire, Inc. Riverside $90,000 Parkhouse Tire, Inc. Santa Ana $70,000 22.C. SPEC. NO. 04-095 - CONCRETE METER BOXES AND LIDS - PUBLIC WORKS AGENCY - Renew the contract with Eisel Enterprises, Inc. for a one-year period in an annual amount not to exceed $11,000 - Finance & Management Services Agency 22.D. SPEC. NO. 05-076 - S.W.A.T. EQUIPMENT AND WEAPONS TRADE-IN - POLICE DEPARTMENT - Award a contract in the amount of $18,080.45 to James F. Wright with a trade-in credit of $18,005 for 221 weapons, for a difference of $75.45 due by the City - Finance & Management Services Agency 22.E. SPEC. NO. 05-086 - POLICE MOTORCYCLES - POLICE DEPARTMENT - Award a contract to Brown Motor Works in the amount of $79,735 - Finance & Management Services Agency CITY COUNCIL MINUTES 328 SEPTEMBER 19, 2006 CONSENT CALENDAR Vendor: Location: Amount: Bob Stall Chevrolet La Mesa $ 14,175.59 Wondries Fleet Group Alhambra $125,728.29 Staff report by Francisco Gutierrez, Finance and Management Services Agency Director Motion: Award contracts for the purchase of eleven passenger vehicles MOTION: Bist SECOND: Pulido VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 22.G. SPEC. NO. 05-088 - BRASS, GALVANIZED, AND PVC IRRIGATION SUPPLIES - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to Golden West Pipe and Supply Company, Inc. for a one-year period, with provision for four one-year renewals, in an annual amount not to exceed $13,358 — Finance & Management Services Agency 22.H. SPEC. NO. 05-090 - SIDEWALK VACUUM SWEEPER - PUBLIC WORKS AGENCY Motion: 1. Reject the bid from Municipal Maintenance Equipment, Inc. as nonresponsive to the specification. 2. Award a contract to Tennant Sales and Service Company for the purchase of one sidewalk vacuum sweeper in the amount of $32,037.79 22.1. SPEC. NO. 05-101 - INCIDENT MANAGEMENT SYSTEM — POLICE DEPARTMENT - Award a contract to ESi Acquisition, Inc., using the City of Los Angeles Emergency Preparedness Department's contract with ESi Acquisition, Inc. in an amount not to exceed $200,000 - Finance & Management Services Agency CITY COUNCIL MINUTES 329 SEPTEMBER 19, 2005 CONSENT CALENDAR PROJECTS Motion: 1. Award a contract to A.R. Sarmiento Inc., the lowest responsible bidder, in accordance with unit bid prices for an estimated amount of $341,220. 2. Approve a Funding Analysis with a total estimated construction cost of $426,700. Staff report by Jim Ross, Public Works Agency Director MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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.K.) 25.A. AGMT 2005-217 - PARAMEDIC BILLING - Renew the agreement with Wittman Enterprises for an amount equal to 6.8 percent of monthly receipts for a three-year term not to exceed $210,000 annually — Fire Department 25.B. AGMT 2005-218 - STATE MANDATE POST REIMBURSEMENT CLAIM SERVICES — With Maximus, Inc. for an annual amount not to exceed $12,500 — Finance & Management Services 25.C. AGMT 2005-219 - GED TESTING SERVICES - Amend the agreement with the Orange County Department of Education to provide General Education Diploma testing services, extending the term of the agreement by an additional fifteen months and increasing the compensation by $25,000 for a total aggregate amount not to exceed $35,000 — Police Department CITY COUNCIL MINUTES 330 SEPTEMBER 19, 2005 CONSENT CALENDAR 25.D. AGMT 2005-220- ANIMAL SHELTER SERVICES - Execute an agreement with the County of Orange in an annual amount not to exceed $359,384 - Police Department 25.E. AGMT 2005-221- INMATE MEDICAL SERVICES - Renew the agreement with Correctional Managed Care Medical Corporation for a one-year period in an amount not to exceed $1,036,406 - Police Department 25.F. AGMTS — SERVICES RELATING TO FORMATION OF COMMUNITY FACILITIES DISTRICTS AT THE MACARTHUR PLACE SOUTH PROJECT SITE — Finance & Management Services Agency Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. AGMT 2005-222 - With Coastal Rim Properties, Inc., Nexus Development Corporation, Integral Partners, LLC for the reimbursement of costs . AGMT 2005-223 - With Fieldman Rolapp and Associates for financial advisory services and project management assistance to the City. AGMT 2005-224 - With Bruce W. Hull and Associates for appraisal services detailing the feasibility of issuing bonds consistent with the establishment. AGMT 2005-225 - With David Taussig & Associates, Inc. for special tax consulting services. AGMT 2005-226 - With Empire Economics for price point analysis and market absorption study. AGMT 2005-227 - Execute a Legal Services agreement with Quint & Thimmig, LLP for bond consulting services. 2. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-029 - Recognizing all deposits to be provided by developers into the Capital Outlay Fund and appropriating the same into the Capital Outlay expenditure account for appropriating developer contributions. CITY COUNCIL MINUTES 331 SEPTEMBER 19, 2006 CONSENT CALENDAR 25.G. AGMT 2005-228 — ADMINISTER DONATIONS AND ESTABLISH THE GRANTS FOR PARKS FUND - Execute an agreement with the Orange County Community Foundation — Parks, Recreation & Community Services Agency 25.H. AGMT 2005-229 - PROGRAMMING SERVICES FOR DOCUMENT IMAGING PROJECT - With Redlands Software Inc. in an amount not -to - exceed $75,000 - Public Works Agency 25.1. AGMT 2005-230 - ACQUISITION OF THE HUANG PROPERTY LOCATED AT 1310 W. THIRD STREET (PROJECT 1819) — With Betty Huang and Mei Pi Huang in the amount of $180,000 - Public Works Agency With Ware Disposal and Waste Management for the collection and recycling of construction and demolition debris and an agreement with Madison Materials for processing and recycling of the debris - Public Works Agency Motion: Continue the item for 2 weeks MOTION: Pulido SECOND: Bist VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.K. AGMTS 2005-231 - ACQUISITION OF NORTH BRISTOL MEDICAL CLINIC LOCATED AT 217 N. BRISTOL STREET (PROJECT 1819) - Acquisition and relocation agreements for 217 N. Bristol with P & P Land Management totaling $1,350,000 — Public Works Agency LAND USE MATTERS Filed by World Oil Marketing Company, Bill Wilson, to reduce the minimum lot size requirement, to waive the loading zone requirement, and to allow operations during the hours of 12:00 a.m. to 5:00 a.m. in the Community Commercial (C1) zoning district at 1702 North Broadway. CITY COUNCIL MINUTES 332 SEPTEMBER 19, 2005 CONSENT CALENDAR Recommended action approved by the Planning Commission at its August 22, 2005 meeting by a vote of 6-0 (Cribb abstained) Applicant: World Oil Marketing Company Staff report by Jay Trevino, Planning and Building Agency Director Motion: Receive and file the staff report approving Variance No. 2004-13 as conditioned, Variance No. 2004-15 as conditioned and Conditional Use Permit No. 2004-27 as conditioned. MOTION: Solorio SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 31.B. MINOR EXCEPTION NO. 2005-06 - 2022 NORTH HELIOTROPE DRIVE Filed by Cherie Kerr to allow a six foot tall fence within the front yard located at 2022 North Heliotrope 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 4:0 (Cribb, Mondo and Nalle abstained) Applicant: Cherie Kerr Motion: Receive and file the staff report denying Minor Exception No. 2005- 06. Councilmember Christy voted no on this item. Filed by Richard Chiarini to allow reductions in the front yard setbacks, landscaping and loading zone requirements in the Professional (P) zoning district at 206 North Olive Street. CITY COUNCIL MINUTES 333 SEPTEMBER 19, 2005 CONSENT CALENDAR Recommended action approved by the Planning Commission at its August 22, 2005 meeting by a vote of 6:0 (Cribb abstained) Applicant: Richard Chiarini Motion: Receive and file the staff report approving Variance No. 2005-25(a) as conditioned, Variance No. 2005-25(b) as conditioned and Variance No. 2005-25(c) as conditioned. Mayor Pro Tem Bist abstained from this item. ** END OF CONSENT CALENDAR ** BUSINESS CALENDAR ORDINANCES 50.A. ADOPT A VOLUNTARY PARCEL MERGER ORDINANCE Motion: Place ordinance on first reading and authorize publication. ORDINANCE NS-2697 - An ordinance of the City Council of the City of Santa Ana adding Article XI to Chapter 34 of the Santa Ana Municipal Code to establish a procedure for the voluntary merger of parcels MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Solorio Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) None (0) None (0) None (0) 55.A. AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE PARKS HABITAT CONSERVATION FUND PROGRAM CITY COUNCIL MINUTES 334 SEPTEMBER 19, 2005 BUSINESS CALENDAR Motion: Adopt resolutions. RESOLUTION.NO. 2005-086 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds for the Local Agency Grant Program - 2005 under the Habitat Conservation Fund Program of The California Wildlife Protection Act of 1990 for Habitat signage and landscaping at Santiago Park Trailhead RESOLUTION NO. 2005-087 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds for the Local Agency Grant Program under the Habitat Conservation Fund Program of The California Wildlife Protection Act of 1990 for the Cienega de ]as Ranas Habitat Restoration Project at Thornton Park MOTION: Bist SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA RECREATIONAL TRAILS PROGRAM Motion: Adopt a resolution. RESOLUTION NO. 2005-088 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds from the Recreational Trails Program for enhancement of the Santiago Creek Bike Trail MOTION: Bist SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 335 SEPTEMBER 19, 2005 BUSINESS CALENDAR 55.C. ESTABLISHING THE BOWERS TEMPORARY PERMIT PARKING DISTRICT Mayor Pulido declared a potential conflict of interest due to recent receipt of a campaign contribution and left the dais for this item only; Mayor Pro Tern Bist assumed the Chair Motion: Adopt a resolution. RESOLUTION NO. 2005-089 - A resolution of the City Council of the City of Santa Ana establishing a temporary, construction related, Bowers Museum of Cultural Arts Permit Parking District MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Bist, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) 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. 65.B. CREATION OF CHARTER AMENDMENT CITIZENS' TASK FORCE Motion: Create a Charter Amendment Task Force as recommended by City Council Ad Hoc Charter Amendment Committee, and direct each Councilmember to appoint two members to the Task Force. MOTION: Bustamante VOTE: AYES: CITY COUNCIL MINUTES SECOND: Garcia Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 336 SEPTEMBER 19, 2006 PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION NO. 2005-03 AND TENTATIVE PARCEL MAP NO. 2005-09 (COUNTY MAP NO. 2002-144) - 606 SOUTH EUCLID STREET Filed by Tu Van Nguyen for a new residential subdivision at 606 South Euclid Street Legal notice published in the Orange County Reporter on September 9, 2005 and notices mailed Staff presentation by Jay Trevino, Executive Director, Planning and Building Agency Written Communications: None Motion: Seta Hampartsoumian, Ara Malazian and Assadour Assadourian addressed the Council with concerns relative to this project and the negative impacts on the Armenian Cultural Center located in the surrounding community Thomas Childress, applicant, addressed the Council in support of the project Public Hearing Closed 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS- 2698 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 606 South Euclid Street from community commercial (C1) to single-family residence (R1) AA No. 2005-03) 2. Adopt a resolution RESOLUTION NO. 2005-090 - A resolution of the City Council of the City of Santa Ana approving a Mitigated Negative Declaration and Mitigation Monitoring Program, and approving Tentative Parcel Map No. 2005-09 as conditioned for the property located at 606 South Euclid Street (County Map No. 2002-144) MOTION: Garcia SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) CITY COUNCIL MINUTES 337 SEPTEMBER 19, 2005 PUBLIC HEARINGS NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:02 P.M. COUNCIL RECONVENED AT 7:03 P.M. WITH SAME MEMBERS PRESENT WORK STUDY SESSION W.S.A. PHASE II - REGULATING VENDING VEHICLES AND ESTABLISHING A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM — presented by Steve Harding, Deputy City Manager for Development Services. Highlights of this presentation are as follows: • Prior to 2004, community complaints rekindled interest in establishing specific regulations for vending vehicles • Review of Municipal Code found that there were no regulated operating hours, no clear safety and cleanliness standards, no stationary location operating standards, and, no specific appearance standards • Community complaints included: o Vendors operating into the late night hours o Furniture and loud music associated with vending in the neighborhoods o Vending vehicles too close to intersections o Vending vehicles too close to schools • The 2004 ordinance established: o Start and stop times-9 a.m. to 8 p.m. o Operational standards while stationary: • No music, no furniture for customers ■ Receptacles required ■ 50 foot radius trash pickup ■ No vending within 50 feet of corner ■ No vending within 500 feet of schools, recreation centers and parks • After passage of the 2004 regulations the Neighborhood Improvement and Code Enforcement (N.I.C.E.) Committee, Coml-ink and Produce Vendors Association started discussions to address other concerns vendors and the community had identified CITY COUNCIL MINUTES 338 SEPTEMBER 19, 2005 WORK STUDY SESSION • Identified concerns included: o Transient vehicle regulations o Vending vehicle appearance o Parkway deterioration around vending vehicle truck areas o Vending vehicle placement within the City and the competition for vending locations • The new ordinance proposed to establish stationary vehicle vending locations, transient vehicle vending time limits, and, vending vehicle appeals process • Uniform appearance standards in the proposed ordinance: o Exterior vehicle paint and signage o Minimum vending distance of 100 feet between vehicles o Stationary location improvement fee estimated to be $3,000 o Administrative and implementation fee estimated at $400-$600 annually • Proposed program to be administered as follows: o All licensed mobile vehicle vendors will receive notice of codes, standards, and pertinent dates and times of all events o On established application date, the vendor will have opportunity to apply for either a transient vending permit or a vending station reservation o Vending station permit will only become permanent if vehicle satisfies safety and appearance standards o Safety and appearance standard review will be conducted by members of the community, the vendors association and City staff o Issuance of vending station permit is on a first -come -first -served basis o Once a stationary permit is issued, the vendor will be responsible to pay all fees and adhere to all applicable codes and standards in order to maintain their approved vending station o Health Department requires all vending vehicles must report to a commissary at the end of each working day o Establishment of the two tiered systems, stationary and transient, reduces the amount of staff time required for enforcement and stabilizes the movement of 60% of the documented trucks o The N.I.C.E. Committee continues to discuss potential signage and tracking systems which may be included in the program Following the staff presentation, Council discussion ensued. Mr. Paul Giles addressed the Council and expressed concerns related to encouraging this activity in the neighborhoods and noted that other cities such as Lake Forest and La Puente do not allow mobile vending activities. Council discussion continued. Mayor Pulido moved, seconded by Mayor CITY COUNCIL MINUTES 339 SEPTEMBER 19, 2005 WORK STUDY SESSION Pro Tern Bist that the matter be remanded back to the N.I.C.E. Committee for further consideration at its next meeting on September 27, 2005. 50.13. ORDINANCE TO REGULATE VENDING VEHICLES AND ESTABLISHING A CITYWIDE VENDING PREFERENTIAL PARKING PROGRAM Motion to continue matter for 30 days from September 6, 2005 meeting failed of adoption by 3-3 vote (Bist, Bustamante, Christy, "NO", Garcia absent), ordinance not considered and left on agenda Motion: Remand the item to the N.I.C.E. Committee for consideration um, M MOTION: Pulido SECOND: Bist VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COMMENTS PUBLIC COMMENTS Steve McGuigan asked the Council to televise study sessions. Alex Vega, Silvano Santos, Adrian Ramirez, Antonia Vega and Ali Vega addressed the Council relative to concerns about use of a City park for the purpose of conducting church services Julie Stroud, and Debbie McEwen addressed the Council relative to concerns related to mobile vending trucks CITY COUNCIL COMMENTS Councilmember Alvarez • Asked the Fire Chief to investigate allegations of overcrowded classrooms in high schools located in the City • Noted that interpreting services would be necessary for future meetings and asked staff to work with the Santa Ana Unified School District CITY COUNCIL MINUTES 340 SEPTEMBER 19, 2005 CITY COUNCIL COMMENTS • Councilmember Christy Asked staff to look at vending truck regulations from other cities including Lake Forest and La Puente prior to the N.I.C.E. Committee meeting next Tuesday 40 n U ADJOURNMENT - 8:16 P.M. - To October 3, 2005 at 5:30 p.m., City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California Patricia E. Healy �! Clerk of the Council CITY COUNCIL MINUTES 341 SEPTEMBER 19, 2005