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HomeMy WebLinkAbout2005-12-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA DECEMBER 5, 2005 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA 6:10 P.M. ATTENDANCE: PLEDGE OF ALLEGIANCE INVOCATION EMPLOYEE SERVICE AWARDS Marvin C. Ellenbecker Kathryn J. Roberson Edward R. Andrade Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tern CLAUDIAALVAREZ CARLOS BUSTAMANTE MIKE GARCIA JOSE SOLORIO Councilmember absent: ALBERTA CHRISTY STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO David Mitchell, Police Chaplain MAYOR PULIDO 20 YEARS OF SERVICE Landscape Development Associate, Planning and Building Agency 30 YEARS OF SERVICE Workforce Specialist III, Community Development Agency 35 YEARS OF SERVICE Police Sergeant, Police Department CITY COUNCIL MINUTES 420 DECEMBER 5, 2005 PRESENTATIONS Proclamation presented by Councilmember Solorio to The American Youth Soccer Organization (AYSO) for their dedication to soccer programs in Santa Ana Special Presentation by The Santa Ana Winds Youth Band and Proclamation presented by Councilmember Alvarez for their musical contributions and opportunities to Santa Ana youth OATHS OF OFFICE Administered by the Clerk of the Council to the following: Name Board Ward Nelida Yanez Community Redevelopment & Housing 5 Commission Edmund X. Martinez Youth Commission (Regular) 2 CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar • Items 25.A, pulled for separate discussion by Councilmember Solorio and 25.J. pulled for separate discussion by Mayor Pro Tern Bist • Councilmember Alvarez abstained on Items 10.A. and 10.B. • The Mayor heard testimony from a public speaker on items 22.A., 22.B., 22.E., and 25.D. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Bist SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio. Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. CITY COUNCIL MINUTES 421 DECEMBER 5, 2005 ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. - 10.6.) Councilmember Alvarez abstained from 10A and 10B since she was not present at the November 21, 2005 meeting 10.A. ADJOURNED REGULAR MEETING OF NOVEMBER 21. 2005 10.13. REGULAR MEETING OF NOVEMBER 21, 2005 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT — NOVEMBER 30, 2005 Motion: Instruct Clerk to enter report into the Minutes. The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES WARD Community Redevelopment / 4 Sr. Tenant, Housing Commission Tenant & Wards 1 & 2 Environmental & Transportation 2 Santa Ana Committee Chamber & Ward 5 Human Relations Commission 1 5 Youth Commission — Regular 2 1 & Mayor Youth Commission —Alternate 5 1, 2, 4, 5 & 6 TOTAL 14 BOARD/COMMISSION EXPIRED WARD TERMS Community Redevelopment / 1 Mayor Housing Commission Library Board 1 5 Parks & Recreation Board 1 1 Personnel Board 2 Mayor & 5 Youth Commission — Alternate 1 3 TOTAL 6 CITY COUNCIL MINUTES 422 DECEMBER 5, 2005 CONSENT CALENDAR 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 15.6.) Council Meeting Agendas Meetina Date Posted Time 15.A. City Council Agenda 11/21/05 11/17/05 8:45 a.m. 15.6. City Council —Adjourned 11/21/05 11/18/05 5:05 p.m. Regular Meeting Agenda MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve Settlement John Carey, WCAB Case # ANA 323360 v. City of Santa Ana, compromise and release in the amount of $21,500 Michael Pingree, Claim # 04-2995-M v. City of Santa Ana, compromise and release in the amount of $85,000 19.B. EXCUSED ABSENCES Motion: Excuse the absence of Councilmember Christy from the December 5, 2005 Council Meeting BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT RECOGNIZING PRIOR -YEAR RECEIPTS FOR CENTENNIAL PARK IMPROVEMENTS Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-060 - Recognizing $99,046 in the Centennial Park Balance from Prior Year revenue account and appropriate same to the Centennial Park Other Contract Services expenditure account. CITY COUNCIL MINUTES 423 DECEMBER 5, 2005 CONSENT CALENDAR GRANTS 21.A. PURCHASE OF PLAYGROUND EQUIPMENT UNDER THE HEALTHY KIDS GRANT PROGRAM Motion: Award a contract for the purchase of playground equipment under the Healthy Kids Grant Program to Game Time in the amount of $128,176.51 for various parks — Parks, Recreation and Community Services Agency SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22. E.) 22.A. SPEC. NO. 02-140 - MOBILE CAR WASH SERVICES - POLICE DEPARTMENT - Renew the contract with City Fleet Services for a one- year period in an amount not to exceed $29,305 - Finance and Management Services Agency Alma Ramirez addressed the Council on this item 22.B. SPEC. NO. 02-157 - POLICE MOTORCYCLE REPAIR AND REPAIR PARTS - Renew the contracts for a one-year period in the following annual amounts not to exceed: Vendor: Location: Amount: Advanced Kawasaki Buena Park $25,000 formerly VIP Motorcycles, Inc. BMW of Hollywood Hollywood $20,000 Seavco d/b/a Iry Seaver Motorcycles Orange $100,000 Alma Ramirez addressed the Council on this item 22.C. SPEC. NO. 04-141 - PREPAID GASOLINE CARDS - COMMUNITY DEVELOPMENT AGENCY - Renew the contract with SVM, LP for a one- year period in an amount not to exceed $75,000 - Finance and Management Services Agency 22.D. SPEC. NO. 05-122 - SERVICE AWARDS AND PROMOTIONAL ITEMS - Award contracts for service awards and promotional items for a two-year period in the following not -to -exceed annual amounts: Vendor: Location: Amount: Corporate Motivators Costa Mesa, CA $15,000 Image Printing Solutions Irvine, CA $15,000 JH Recognition Co. Portland, OR $15,000 McVicker & Associates Laguna Hills, CA $25,000 Vail Dunlap & Associates Santa Ana, CA $10,000 CITY COUNCIL MINUTES 424 DECEMBER 5, 2005 CONSENT CALENDAR 22.E. SPEC. NO. 05-124 - INSTALLATION OF ELECTRICAL WIRING — FIRE DEPARTMENT - Amend the contract with UPSCO Powersafe Systems, Inc. to increase the aggregate limit by $20,000 in an annual amount not to exceed $30,000 - Finance and Management Services Agency Alma Ramirez addressed the Council on this matter PROJECTS 23.A. CONTRACT AWARD FOR CIVIC CENTER LAW LIBRARY FOUNTAIN RENOVATION (PROJECT NOS. 9087/05-9094) Motion: 1. Award a contract to Condor, Inc., the lowest responsible bidder, in accordance with the estimated amount of $238,000 for renovation of the Civic Center Law Library Fountain 2. Approve a Funding Analysis with a total estimated construction cost of $297,500 AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.13. through 25.1.) 25.A. AGMT REFUSE COLLECTION AND RECYCLING SOLID WASTE - Execute an amended agreement with Waste Management, Inc. - Public Works Agency Councilmember Solorio declared a potential conflict of interest pursuant to Charter Section 425 (receipt of contribution); he abstained and left the room for this item only. David Ross, representing Waster Management, Inc addressed the Council in support of execution of the amended agreement. Motion: Continue the matter to the January 3, 2006 City Council Meeting MOTION: Pulido SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Pulido (5) NOES: None (0) ABSTAIN: Solorio (1) ABSENT: Christy (1) CITY COUNCIL MINUTES 426 DECEMBER 5, 2005 CONSENT CALENDAR 25.B. AGMT 2005-284 - CITYWIDE SPEED LIMIT STUDY (PROJECT 06-1017) - With Albert Grover & Associates in an amount not to exceed $38,335 - Public Works Agency 25.C. AGMT 2005-285 - SEWER SYSTEM FATS, OILS AND GREASE CONTROL PROGRAM MANAGEMENT — With Environmental Engineering and Contracting, Inc. for a one year agreement with the option to extend a second one-year term at the same contract amount for an annual amount not to exceed $182,000 - Public Works Agency 25.D. AGMT 2005-286 - UASI COUNTYWIDE STRATEGIC PLAN FOR TERRORISM PREPAREDNESS - Amend the agreement with URS Corporation, in an additional amount of $40,000, for a total aggregate amount not to exceed $435,100 — Police Department Alma Ramirez addressed the Council on this matter 25.E. AGMT 2005-287 - MASTER FUNDING AGREEMENT - Execute Amendment No. 11 to the Master Funding Agreement with the Orange County Transportation Authority for projects in the Combined Transportation Funding Program and the Bicycle and Pedestrian Facilities Program - Public Works Agency 25.F. AGMT 2005-288 — PAYROLL CONSULTING SERVICES — With Dawna Whaley in an amount not to exceed $120,000 — Finance & Management Services Agency 25.G. AGMT 2005-289 — CONSULTING SERVICES — Amend the agreement with CitCom, Inc. extending the term of the agreement by an additional six months and increasing the compensation by $175,000, for a total amount not to exceed $275,000 — Police Department, Fire Department, and Finance & Management Services Agency 25.H. AGMT 2005-290 — TECHNICAL TEMPORARY PERSONNEL SERVICES AND CONSULTING — renew the agreements in a total amount not to exceed $2,850,000 with the following vendors: 2005-290 - APR Consulting, Inc. 2005-302 - Nakoma Group (formerly Data Design Corporation) 2005-303 - International Management Systems Corporation 2005-304 - SoftMaster, Inc. 2005-305 - Telfords 25.1. AGMT 2005-306 — FREEWAY AGREEMENT — With the California Department of Transportation for State Route 55 — Public Works Agency CITY COUNCIL MINUTES 426 DECEMBER 5, 2005 CONSENT CALENDAR 25.J. LEASE AGREEMENT FOR CELLULARANTENNAS AT JEROME AND MADISON PARKS Staff report by Ron Ono, Administrative Services Manager, Parks, Recreation & Community Services Agency Motion: 1. Direct staff to revisit adding palm trees to parks landscape. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. AGMTS 2005-291 & 2005-292 - INSTALLATION OF CELLULAR MONOPALMS AND RELATED EQUIPMENT — Execute two leases with Omnipoint Communications, Inc. (T-Mobile) for an amount of $28,800 per agreement — Parks, Recreation & Community Services Agency 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 06-058 - Recognizing $57,600 in the Capital Outlay, Miscellaneous Recoveries revenue account and appropriate same to the Capital Outlay, Improvements Other than Buildings expenditure account. 4. Receive and file Categorical Exemption for Environmental Review Nos. 2005-196 (Jerome Park) and 2005-197 (Madison Park). MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy (1) LAND USE MATTERS DEEDS — TRANSFER OF PROPERTY CITY COUNCIL MINUTES 427 DECEMBER 5, 2005 CONSENT CALENDAR 30.A. EASEMENT DEED TO STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AT 1815 E. CHESTNUT AVENUE Motion: 1. Authorize the City Manager and the Clerk of the Council to execute an agreement for ingress/egress easement at 1815 E. Chestnut with the State of California, Department of Transportation for $61,000 — Public Works Agency, Parks, Recreation & Community Services Agency and Finance & Management Services Agency 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. — 06-059 - Accepting State of California funds in the amount of $61,000 into the Capital Outlay Zoo Easement fund and appropriating funds to the Zoo Improvement fund for ingress/egress easement at 1815 E. Chestnut with the State of California, Department of Transportation. CONDITIONAL USE PERMITS/VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2005-24 - 13163/4 EAST WARNER AVENUE Recommended action approved by the Planning Commission at its November 14, 2006 meeting by a vote of 7-0. Filed by Starbridge Communications for Sprint PCS to construct a 60-foot high cellular antenna at 1316% East Warner Avenue. Applicant: Starbridge Communications for Sprint PCS Motion: Receive and file the staff report approving Conditional Use Permit No. 2005-24 as conditioned. *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION IN SUPPORT OF AIR FAIR CITY COUNCIL MINUTES 428 DECEMBER 5, 2005 Motion REPORTS 65.A. 75.A. Continued from the November 7, 2005 City Council Meeting by a vote of 6-0 (Pulido absent) BUSINESS CALENDAR Adopt a resolution. RESOLUTION NO. 2005-103 - A resolution in support of Air Fair, a political action committee, to halt expansion of the John Wayne Airport MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio. Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy (1) 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. PUBLIC HEARINGS AMENDMENT APPLICATION NO. 2005-08 — WEST SANTA ANA BOULEVARD BETWEEN RAITT STREET AND HESPERIAN STREET Filed by the City of Santa Ana to change the zoning district from Community Commercial (Cl) to Single Family Residence (R1) for 17 properties along West Santa Ana Boulevard between Raitt Street and Hesperian Street. Legal Notice published in the Orange County Reporter on November 25, 2005 and notices mailed on November 23, 2005 Staff report presented by Jay Trevino, Executive Director, Planning and Building Agency Written Communication: None No public speakers; public hearing closed CITY COUNCIL MINUTES 429 DECEMBER 5, 2005 Motion: Place ordinance on first reading and authorize publication. PUBLIC HEARINGS ORDINANCE NO. 2706 - An ordinance of the City Council of the City of Santa Ana rezoning the property generally located along West Santa Ana Boulevard between Raitt Street and Hesperian Street to single family residence (R1) (AA NO. 2005-08) MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio. Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy (1) 75.13. GENERAL PLAN AMENDMENT NO. 2005-01, TENTATIVE TRACT MAP NO. 2005-07, VARIANCE NO. 2005-53, VARIANCE NO. 2005-54, VARIANCE NO. 2005-55 AND VARIANCE NO. 2005-56 - 2823-2929 WEST EDINGER AVENUE 1"1511r.i Filed by John Laing Homes to allow the construction of 44-residential townhomes at 2823-2929 West Edinger Avenue. Legal Notice published in the Orange County Reporter on November 25, 2005 and notices mailed November 23, 2005 Staff report presented by Jay Trevino, Executive Director, Planning and Building Agency Written Communication: Orange County Association of Realtors letter in support of item. Barbara Lamere, and Ofelia Lara residents of the area surrounding the proposed project raised concerns about parking and privacy Jon Dietz, Phil Schaefer, Dave Stefanides, and Dale Ward addressed the Council in support of construction of 44 residential townhomes Public hearing closed 1. Adopt a resolution. CITY COUNCIL MINUTES 430 DECEMBER 5, 2005 PUBLIC HEARINGS RESOLUTION NO. 2005-114 - A resolution of the City Council of the City of Santa Ana approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Program (Environmental Review No. 2004-198); approving Tentative Tract Map No. 2005-07 as conditioned, Variance No. 2005-53 as conditioned for a reduction in the number of required parking spaces, Variance No. 2005-54 as conditioned to exceed the maximum allowable height, Variance No. 2005-55 as conditioned to reduce the required front yard landscaping and Variance No. 2005- 56 as conditioned to reduce the floor plan configuration for the property located at 2823-2929 West Edinger Avenue 2. Adopt a resolution. RESOLUTION NO. 2005-115 - A Resolution of the City Council of the City of Santa Ana amending the General Plan of the City of Santa Ana to change 3.1 acres on West Edinger to Medium Density Residential and to reflect corrections and realignment of transportation improvements (GPA No. 2005-01) MOTION: Bist SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio. Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy (1) COUNCIL RECESSED TO THE JOINT COMMUNITY REDEVELOPMENT AGENCY AND CITY COUNCIL MEETING AT 7:18 P.M. FOLLOWED BY THE COMMUNITY REDEVLEOPMENT AGENCY AND HOUSING AUTHORITY MEETINGS; COUNCIL RECONVENED AT 7:19 P.M. WITH SAME MEMBERS PRESENT 25.K. REHABILITATION LOAN AGREEMENTS WITH MERCY HOUSE TRANSITIONAL LIVING CENTERS Motion: 1. Direct the City Attorney to prepare and authorize the Executive Director of the Community Development Agency to execute a $71,328 loan agreement with Mercy House Transitional Living Centers for the rehabilitation of Joseph House. CITY COUNCIL MINUTES 431 DECEMBER 5, 2005 PUBLIC HEARINGS 2. Direct the City Attorney to prepare and authorize the Executive Director of the Community Development Agency to execute a $31,360 loan agreement with Mercy House Transitional Living Centers for the rehabilitation of Regina House. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Solorio. Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Christy (1) COMMENTS PUBLIC COMMENTS Barbara Lamere addressed the Council relative to needed improvements at Windsor Park Atavena Elavera Cailles requested a traffic signal at 5th and Susan and 5th and Jackson James Robert Reade and Alma Ramirez expressed concerns relative to the Police Department Lisann A. Martinez, Roy Alvarado, Eusebeo Rios. Armando Perez, Lorena Mejia, Luz Maria Licea, Maria Soto, Rosario Sablana and Manuel Galvez expressed concerns about various priorities in the Santa Anita Neighborhood including the installation of traffic signals at certain locations particularly in light of two recent pedestrian fatalities in the area. CITY COUNCIL COMMENTS Councilmember Garcia • Wished everyone a happy holiday season • Noted that McFadden Intermediate School was having a fundraiser on December 10, 2005 at the Barnes and Noble bookstore in Costa Mesa • Thanked Max Madrid for his efforts in coordinating the Toys for Tots event last weekend • Asked staff to expedite putting in the traffic signal at 5th and Susan CITY COUNCIL MINUTES 432 DECEMBER 5, 2005 CITY COUNCIL COMMENTS Councilmember Solorio • Requested staff to work with the Pedestrian Safety Task Force in finding solutions for the intersections on 5ch Street • Asked the City Manager to provide an update on the Santa Ana Unified School District's plans for use of Centennial Park for Valley High School classes • Wished everyone a happy holiday season Mayor Pro Tem Bist • Announced that the Santa Ana Winds would be performing at the Wilshire Square Holiday Parade on December 11, 2005 • Wished everyone Happy Holidays Councilmember Alvarez • Thanked the Santa Ana Winds for coming to the Council meeting and performing • Wished everyone a happy holiday season Councilmember Bustamante Asked the Council to adjourn in memory of Vic Alleman and Francis Griset who were both members of the Santa Ana Kwanis and were dedicated community leaders Mayor Pulido Asked staff to look at traffic patterns in the Santa Anita neighborhood and review alternative solutions, including placement of crossing guards at the intersections ADJOURNMENT - 8:19 p.m. - To December 19, 2005 - 5:15 p.m. - Police Chiefs Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana, California In Memory of Francis Griset and Victor Alleman Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 433 DECEMBER 5, 2005