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HomeMy WebLinkAbout2002-11-18MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 18, 2002 CALL TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:16 P.M. ATTENDANCE: COUNCILMEMBERS present: MIGUEL PULIDO, Mayor (7:15 p.m.) PATRICIA A. McGUIGAN, Mayor Pro Tern CLAUDIA ALVAREZ, LISA BIST ALBERTA CHRISTY BRETT FRANKLIN (6:57 p.m.) JOSE SOLORIO Absent: None STAFF present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PRO TEM MCGUIGAN INVOCATION Bob Barnett, Police Chaplain CONSENT CALENDAR Mayor Pro Tern McGuigan announced the following modifications to the Consent Calendar: • Councilmember Bist abstained from Item. 25.H. • Staff recommended the continuance of Item 19.D to the Council Meeting of December 16, 2002 Motion: Approve staff recommendations on the following Consent Calendar items. CITY COUNCIL MINUTES 393 NOVEMBER 18, 2002 CONSENT CALENDAR MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, McGuigan, Solorio (5) NOES: None (0) ABSENT: Franklin, Pulido (2) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. through 10.C.) 10.A. ADJOURNED REGULAR MEETING OF OCTOBER 21, 2002 10.B. REGULAR MEETING OF OCTOBER 21, 2002 10.C. REGULAR MEETING OF NOVEMBER 4, 2002 ORDINANCE SECOND READING 11.A. ADOPTION ORDINANCE APPROVING AMENDED BYLAWS OF THE HUMAN RELATIONS COMMISSION Placed on first reading at the October 21, 2002 Council Meeting and approved by a 7-0 vote Published in the Orange County Reoorter on October 25, 2002 Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2517 - An ordinance of the City Council of the City of Santa Ana amending Section 2-325 of the Santa Ana Municipal Code 13.A. VACANCY REPORT — NOVEMBER 13, 2002 The Vacancy Report reflects only appointments made by the Council. CITY COUNCIL MINUTES 394 NOVEMBER 18, 2002 CONSENT CALENDAR Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Vacancies Ward Cable Television Advisory Board 1 Ward 5 Community Redevelopment / 1 Sr. Tenant Housing Commission Workforce Investment Board 3 Youth Commission — Alternate 3 Ward 2, 6 and Mayor TOTAL 8 13.6. COUNCIL COMMITTEE REPORTS Committee Name Meeting Date(s) Technology Committee 05/08/02 South Main Street Improvement Plan 08/21/02 Neighborhood Improvement / Code Enforcement 08/27/02 Education and Youth Programs 09/05/02 Park Development / Joint Use Facilities 09/24/02 Arts and Culture (Cancelled) 10/28/02 Motion: Receive and File. 13.C. BI-ANNUAL ATTENDANCE REPORT Motion: Receive and file. Board and Commission Attendance Report for April 2002 through September 2002 reflecting no seats to be declared vacant 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.M.) Council Meeting Agendas 15.A. Notice of Adjournment 15.13. City Council Meeting Agenda CITY COUNCIL MINUTES 395 Meeting Date Posted Time 10/21/02 10/09/02 9:00 a.m. 10/21/02 10/17/02 3:00 p.m. NOVEMBER 18, 2002 ---FT-- - - -- --- CONSENT CALENDAR 15.C. Adjourned Regular Meeting - Closed Session Agenda 10/21/02 10/18/102 5:00 p.m. 15.D. Notice of Adjournment 11/04/02 11/04/02 5:50 p.m. 15.E. City Council Agenda 11/04/02 10/30/02 4:00 p.m. 15.F. Adjourned Regular Meeting - Closed Session Agenda 11/04/02 11/01/02 12:15 p.m. Council Committee Agendas Meeting Date Posted Time 15.G. Public Safety (cancellation) 10/21/02 10/17/02 3:00 p.m. 15.1-1. Neighborhood Improvement 10/22/02 10/17/02 3:00 p.m. 15.1. Park Development (revised) 10/22/02 10/17/02 3:00 p.m. 15.J. Arts & Culture 10/28/02 10/25/02 11:25 a.m. 15.K. Arts & Culture (cancellation) 10/28/02 10/28/02 3:55 p.m. 151. Education and Youth Programs 11/07/02 11/01/02 3:30 p.m. 15.M. Technology 11/13/02 11/07/02 8:40 a.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter certificates into the Minutes. Honoree 16.A. Author Sandra Cisneros 16.13. South Santa Ana Merchants Association: 7th Annual Healthy Lifestyles Fair 16.C. Majesty International Center recognizing "Year of the Child" 16.D. Make A Difference Day 16.E. US Postal Service - Dedication of Santa Ana Processing and Distribution Center in honor of Hector G. Godinez 16.F. Luis Mercado, Jalayne Jones, Michelle Xiong (essay winners) 16.G. Isabel Allende - Author 16.H. Jaimeson Sonne - Excellence in Teaching FINAL MAP NOTIFICATIONS Date 10/23/02 10/26/02 10/26/02 10/26/02 10/29/02 11/04/02 11 /15/02 11 /15/02 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 this City Council meeting. 17.A. FINAL MAP NO. 16290: 4024 WEST FIFTH STREET, SUMMERWOOD HOMES Motion: Receive and file. CITY COUNCIL MINUTES 396 NOVEMBER 16, 2002 CONSENT CALENDAR MISCELLANEOUS ADMINISTRATION 19.A. 19.13. 19.C. Motion 19.D. CLOSED SESSION REPORT - NONE EXCUSED ABSENCES - NONE INVESTMENTS REPORT Receive and file report Quarterly Report of Investments as of September 30, 2002 — Finance & Management Services Agency DOWNTOWN BUSINESS IMPROVEMENT AREA ANNUAL REPORT Motion: Continue matter until December 16, 2002 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. DONATIONS FOR CHILDREN'S WINTER HOLIDAY PARTY Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-097 - Recognizing $4,000.00 in the Parks and Recreation Donations account and appropriate funds to the Community Affairs expenditure account for the Children's Winter Holiday Party - Parks, Recreation, and Community Services Agency 20.B. WORKFORCE INVESTMENT ACT - WORKFORCE INVESTMENT BOARD TRAINING FUNDS Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-099 - Recognizing $1,500.00 in unanticipated 15 percent Local Board Training funds from the State of California for Workforce Investment Act programs - Community Development Agency CITY COUNCIL MINUTES 397 NOVEMBER 18, 2002 Is- CONSENT CALENDAR 20.C. STATE OFFICE OF HISTORIC PRESERVATION DEPARTMENT GRANT FUNDS TO FACILITATE HISTORIC PRESERVATION WORKSHOP Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-098 - Recognizing State Office of Historic Preservation grant award funds of $4,787.00 in revenue account and appropriating the funds to expenditure accounts to provide a historic preservation workshop for county -wide government participants - Planning and Building Agency 20.D. THE RIPARIAN AND RIVERINE HABITAT GRANT AT SANTIAGO PARK Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-103 - Accepting a grant from the State of California Department of Parks and Recreation in the amount of $150,000.00 and appropriate the funds to the expenditure account for Santiago Park Woodlands Project - Parks, Recreation, and Community Services Agency 20.E. ZOOS AND AQUARIUM FACILITIES GRANT IN THE SANTA ANA ZOO AT PRENTICE PARK Motion: Approve appropriation adjustment. (Requires rive affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-102 - Accepting a grant from the State of California Department of Parks and Recreation in the amount of $270,050.00 and appropriate the funds to the expenditure account for the development of the necropsy facility in the Santa Ana Zoo at Prentice Park - Parks, Recreation, and Community Services Agency 20.F. THE URBAN CENTER GRANT AT SANTIAGO PARK Motion: Approve appropriation adjustment. (Requires rive affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-101 - Accepting a grant from the State of California Department of Parks and Recreation in the amount of $742,500.00 in revenue account and appropriate the funds to the expenditure account for the development of an environmental education center for the region - Parks, Recreation, and Community Services Agency CITY COUNCIL MINUTES 398 NOVEMBER 18, 2002 CONSENT CALENDAR 20.G. UNITED STATES DEPARTMENT OF JUSTICE ANTI -TERRORISM REIMBURSEMENT FUNDING Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-106 - Accepting the Department of Justice, Office of United States Attorney General, Anti -terrorism reimbursement program, in an amount of $9,770.00 into the Police Department's Expense Reimbursement account - Police Department 20.H. VARIOUS DONATIONS TO THE POLICE K-9 ACCOUNT Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-107 - Accepting various donations given to enhance the Santa Ana Police Department's K9 program, in a total amount of $8,575.00 into the Police Department's Gifts and Donations 89 account - Police Department 20.1. ACCEPTING THE 2002-03 SUPPLEMENTAL LAW ENFORCEMENT SERVICE GRANT FUNDS (SLESF) Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-105 - Recognizing the 2002-03 Supplemental Law Enforcement Service Fund (SLESF) grant funds in the amount of $682,895.07 and appropriating same to SLESF expenditure accounts - Police Department SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.J.) 22.A. SPEC. NO. 97-105 - ALLEGED SEXUAL ASSAULT VICTIM EXAMINATIONS - POLICE DEPARTMENT - Renew the contract with the Orange County Health Care Agency's Child Abuse Services Team for medical examinations of alleged sexual assault victims, for a one-year period in an annual amount not to exceed $20,000.00 - Finance and Management Services CITY COUNCIL MINUTES 399 NOVEMBER 18, 2002 __ i_ F_ - T_ CONSENT CALENDAR 22.B. SPEC. NO. 98-096 - COLD WATER METERS - PUBLIC WORKS AGENCY - Renew the contract for cold water meters for a one-year period in the annual amounts as follows: Bidder: Badger Meter, Inc. Hersey Meters Amount: $84,448.00 36,368.00 22.C. SPEC. NO. 00-118 - LEASED VEHICLES WITH EXCHANGE OPTION - POLICE DEPARTMENT - Renew the contracts for the leasing and servicing of vehicles with exchange options for a two-year period in annual not -to - exceed amounts as follows: Vendor: Lease Type: Amount: Selman Chevrolet Co. Long -Term, $176,250.00 with Exchange Option Guaranty Chevrolet General Service and 20,000.00 Motors Repair 22.D. SPEC. NO. 01-152 - ON-LINE NEWSPAPER SUBSCRIPTIONS - LIBRARY SERVICES - Renew the contract with NewsBank, Inc. for a one-year period for on-line newspaper subscriptions in the amount of $13,855.00 - Finance and Management Services 22.E. SPEC. NO. 02-103 - OVERHEAD DOOR MAINTENANCE - FIRE DEPARTMENT - Award a contract to Commercial Door of Orange County, Inc. for overhead door maintenance and service repair for a one-year period, with provision for two one-year renewals, in an annual amount not to exceed $36,328.00 - Finance and Management Services 22.F. SPEC. NO. 02-106 - COMPACT PASSENGER VAN - LIBRARY SERVICES - Amend the contract with West Covina Motors, Inc. d/b/a Clippinger Chevrolet Oldsmobile for the purchase of one passenger van in an amount not to exceed $22,735.25 - Finance and Management Services 22.G. SPEC. NO. 02-129 - PAVING AT THE WEST PUMP STATION - PUBLIC WORKS AGENCY - Award a contract to MJB Contracting, Inc. for asphalt paving services at the West Pump Station in the total amount of $11,916.00 - Finance and Management Services 22.H. SPEC. NO. 02-132 - VARIABLE FREQUENCY DRIVE - PUBLIC WORKS AGENCY - Award a contract to Consolidated Data Controls for the purchase and installation of a variable frequency drive in the amount of $88,786.00 - Finance and Management Services CITY COUNCIL MINUTES 400 NOVEMBER 18, 2002 CONSENT CALENDAR 22.1. SPEC. NO. 02-133 - PURCHASE AND INSTALLATION OF FITNESS EQUIPMENT - FIRE DEPARTMENT - Award a contract to Advantage Fitness Products for the purchase and installation of exercise equipment in an amount not to exceed $18,148.06 - Finance and Management Services 22.J. SPEC. NO. 02-137 - REPAIR OF VEHICLE LIFTS - FLEET MAINTENANCE - Amend the contract to increase the aggregate limit to Peterson Hydraulics, Inc. by $15,000.00 for the repair of vehicle lifts, for an annual amount not to exceed $25,000.00 - Finance and Management Services PROJECTS - MAINTENANCE. REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. PROJ NO. 1759 - REJECTION OF BIDS FOR MAIN STREET, TUSTIN AVENUE, AND WARNER AVENUE TRAFFIC MANAGEMENT Motion: Reject all bids for the Main Street, Tustin Avenue, and Warner Avenue Traffic Management project and authorize staff to re -advertise the project - Public Works Agency 23.B. PROJ NO. 7133 - SECOND STREET LIGHTING Motion: 1. Award a contract to Pro Tech Engineering, Corp. the lowest responsible bidder, in accordance with a lump sum price in the estimated amount of $37,864.00 for installation of Second Street lighting 2. Approve a Funding Analysis with a total estimated construction cost of $56,500.00 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.H.) 25.A. AGMT NO. 2002-202 - PHARMACEUTICALS - Execute an agreement with Western Medical Center for pharmaceutical supplies in an amount not to exceed $40,000.00 per year - Fire Department CITY COUNCIL MINUTES 401 NOVEMBER 18, 2002 CONSENT CALENDAR 25.13. AGMT NO. 2002-203 - COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE - Renew the agreement with Tritech Software Systems for maintenance of the Fire Department's VisiCAD computer aided dispatch system, for an amount not to exceed $68,000.00 - Fire Department 25.C. AGMT NO. 2002-204 - POLICE SERVICE DOG TRAINING, EQUIPMENT AND REPLACEMENT - Renew the agreement with Adlerhorst International, Inc. for specialized canine training and equipment replacement services for a one-year period in an amount not to exceed $30,000.00 - Police Department 25.D. AGMT NO. 2002-205 - WATER QUALITY ORDINANCE IMPLEMENTATION - Execute a Water Quality Ordinance Implementation Agreement with the County of Orange - Public Works Agency 25.E. AGMT NO. 2002-206 - WORKFORCE INVESTMENT ACT YOUTH SUBCONTRACTOR - Execute an agreement with Taller San Jose in an amount not to exceed $20,000.00 to provide services to In -School and Out - Of -School Youth under the Workforce Investment Act Youth Grant - Community Development Agency 25.F. AGMT NO. 2002-207 - EMPLOYEE ASSISTANCE PROGRAM - Execute an agreement for an Employee Assistance Program with REACH Employee Assistance, Inc. for a three year period in an annual amount not to exceed $40,000.00 - Personnel Services Department 25.G. AGMT NO. 2002-208 - PROFESSIONAL ENGINEERING SERVICES - Execute an amendment to the agreement for a sewer facilities master plan update, infiltration and inflow plan with Montgomery Watson Harza in the amount of $98,960.00 for a total contract amount of $675,680.00 - Public Works Agency 25.H. AGMT NOS. 2002-209, 210, 211, 212 & 213 - TECHNICAL TEMPORARY PERSONNEL SERVICES AND CONSULTING — Execute an amended agreement exercising the first of four one-year renewal options extending the contract term for temporary personnel services and consulting in a total amount not to exceed $2,500,000.00 annually with the following companies: APR Consulting, Inc. Data Design Corporation International Management Systems Corporation SoftMaster, Inc. Telfords * Councilmember Bist abstained from Item 25.H. CITY COUNCIL MINUTES 402 NOVEMBER 18, 2002 11 `j) CONSENT CALENDAR 25.1. TRANSFER OF VEHICLE OWNERSHIP TO THE SANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) 1. Authorize the City Manager to terminate the Agreement to transfer of two 12-passenger vans with The Cambodian Family. 2. AGMT NO. 2002-214 - Execute an agreement with the Santa Ana Unified School District (SAUSD) to transfer title of the vans and the remaining grant balance of $9,274.00 to the SAUSD as a sub -recipient under the grant, transferring title and responsibility to SAUSD to transport underprivileged youth in the Minnie Street Area - Parks, Recreation, and Community Services Agency LAND USE MATTERS DEEDS - TRANSFER OF PROPERTY 30.A. QUITCLAIM OF IRRIGATION EASEMENT TO CREEKSIDE SANTA ANA, L.P. Motion: Authorize the City Manager and the Clerk of the Council to execute a quitclaim deed relinquishing the City's interest in an unused irrigation easement to Creekside Santa Ana, L.P. - Public Works Agency *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR RESOLUTIONS 55.A. PROPOSED AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS TO CHANGE SELECTED JOB TITLES Motion: Adopt resolution. RESOLUTION NO. 2002-092 - A resolution of the City Council of the City of Santa Ana to amend Resolution Nos. 82-110 and 91-066 to change the titles of several Planning and Building Safety classifications and one Public Works Agency classification - Personnel Services CITY COUNCIL MINUTES 403 NOVEMBER 18, 2002 MOTION: Bist VOTE: AYES: ABSENT: BUSINESS CALENDAR SECOND: Solorio Alvarez, Bist, Christy, McGuigan, Solorio (5) NOES: None (0) Franklin, Pulido (2) 55.B. ADOPT A RESOLUTION CLASSIFICATION AND NECESSARY CHANGES Motion: Adopt resolution. WHICH AMENDS THE CITY'S BASIC COMPENSATION PLAN TO EFFECT RESOLUTION NO. 2002-094 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to provide an equity adjustment for certain police records classifications - Police Department MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Christy, McGuigan, Solorio (5) NOES: None (0) ABSENT: Franklin, Pulido (2) 55.C. PROPOSED AMENDMENTS TO THE POLICE DEPARTMENT ANNUAL BUDGET Motion: Adopt resolution. RESOLUTION NO. 2002-095 - A resolution of the City Council of the City of Santa Ana to amend the current annual budget to reallocate ten non -sworn positions in the Police Department - Police Department MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Christy, McGuigan, Solorio (5) NOES: None (0) ABSENT: Franklin, Pulido (2) CITY COUNCIL MINUTES 404 NOVEMBER 18, 2002 1) BUSINESS CALENDAR 55.D. ENVIRONMENTAL IMPACT REPORT NO. 98-01 FOR THE GRAND AVENUE WIDENING PROJECT Council Discussion ensued. Councilmember Bist requested that this item be approved, but that a study session be held to discuss all the issues and impacts of this project. City Manager Dave Ream noted that this matter could be scheduled as a work study session on December 16, 2002 Motion: 1. Adopt resolution. RESOLUTION NO. 2002-096 - A resolution of the City Council of the City of Santa Ana certifying the Environmental Impact Report for the Grand Avenue Street Widening Project, approving a mitigation monitoring program, and adopting certain facts, findings and a statement of overriding considerations 2. Approve Alternative 2 as the build alternative for the project - Public Works Agency MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, McGuigan, Solorio (5) NOES: None (0) ABSENT: Franklin, Pulido (2) AGENDA ITEMS TAKEN OUT OF ORDER WORK STUDY SESSION WS.A. TRAN PLAN - MEMORANDUM OF UNDERSTANDING (MOU) Deputy City Manager for Development Services Cindy Nelson noted that in June of 2002, the Community Redevelopment Agency authorized a contract with Griffin Realty to assist the City in conducting a study in the area in and around the train depot. She further noted that this action was in response to the proposed light rail project and the proposed alignment of the rail line concluding at the depot. This study was an effort to look at the development potential of this area. Since it is a major gateway leading into the City, it is appropriate to maximize the land use potential. Ms. Nelson CITY COUNCIL MINUTES 405 NOVEMBER 18, 2002 WORK STUDY SESSION also announced that the Orange County Transportation Authority (OCTA) was looking at the possibility of moving its headquarters from its current location in the City of Orange to this site. Ms. Nelson introduced Mr. Brian Meyers of Griffin Realty who presented a report on the space plan analysis and conceptual plan for the site. Ms. Nelson explained that there was a Council action and Community Redevelopment Agency request on tonight's agenda for a Memorandum of Understanding among the City of Santa Ana, the Santa Ana Community Redevelopment Agency, the County of Orange, and the Orange County Transportation Authority pertaining to potential development pursuant to the proposed Transit Master Plan. This MOU is scheduled for consideration by the County Board of Supervisors on November 19, 2002 and by the OCTA on November 25, 2002. ** RECESS TO A JOINT MEETING OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY 25.J. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA, COMMUNITY REDEVELOPMENT AGENCY, COUNTY OF ORANGE, AND ORANGE COUNTY TRANSPORTATION AUTHORITY Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement. AGMT NO. 2002-216 - Approve a Memorandum of Understanding among the City of Santa Ana, the Santa Ana Community Redevelopment Agency, the County of Orange, and the Orange County Transportation Authority pertaining to potential development pursuant to the proposed Transit Master Plan - Community Development Agency * Councilmember Franklin joined the meeting at 6:57 p.m. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL MINUTES SECOND: Bist Alvarez, Bist, Christy, Solorio (4) McGuigan (1) Franklin (1) Pulido (1) 406 NOVEMBER 18, 2002 1) �I IL COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:01 P.M. IMMEDIATELY FOLLOWED BY THE HOUSING AUTHORITY MEETING COUNCIL RECONVENED AT 7:07 P.M. WITH SAME COUNCILMEMBERS PRESENT PUBLIC HEARINGS 75.A. ABANDONMENT NO. 02-05: VACATING A PORTION OF WALNUT STREET FROM MINNIE STREET TO SANTA FE RAILROAD Legal Notice published in the Orange County Register on November 8, 2002 Presentation of staff report by Public Works Executive Director Jim Ross Presentation of written communications by Clerk of the Council: None No public speakers; public hearing closed Motion: Adopt resolution. RESOLUTION 2002-097 - A resolution of the City Council of the City of Santa Ana vacating a portion of Walnut Street from Minnie Street to the Santa Fe Railroad (Abandonment No. 02-05) - Public Works Agency MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan (5) NOES: None (0) ABSENT: Pulido, Solorio (2) 75.C. CONDITIONAL USE PERMIT NO. 2002-19 AND VARIANCE NO. 2002-11 FOR A REDUCTION IN OFF-STREET PARKING AND LANDSCAPING REQUIREMENTS FOR A HEALTH CLUB AT 1501-1551 NORTH TUSTIN AVENUE Public hearing to consider approving a health club in the Professional (P) zoning district, a reduction in the off-street parking and landscaping requirements, and an amendment to the Development Agreement for the Tustin Center located at 1501-1551 N. Tustin Avenue CITY COUNCIL MINUTES 407 NOVEMBER 18, 2002 PUBLIC HEARING Legal Notice published in the Orange County Register on November 8, 2002 Planning Commission approved recommended actions on November 12, 2002 by a 5-0 vote (Doughty and Verino absent) Presentation of staff report by Assistant City Manager for Development Services Cindy Nelson Presentation of written communications by Clerk of the Council: None No public speakers; public hearing closed Motion: 1. Certify Environmental Impact Report and Addendum EIR No. 88-02 for Environmental Review No. 2002-268. 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2518 - An ordinance of the City Council of the City of Santa Ana approving the amendment to the development agreement between the City of Santa Ana and Mullrock Mortgage, LLC 3. Approve resolution. RESOLUTION NO. 2002-099 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2002-19 as conditioned and approving Variance No. 2002-11 for parking and landscaping as conditioned for the property located at 1501-1551 North Tustin Avenue - Planning and Building Agency * Mayor Pulido joined the meeting at 7:15 p.m. Applicant: The Muller Company MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: SECOND: Christy Alvarez, Bist, Christy, Franklin, McGuigan, Solorio (6) None (0) Pulido (1) CITY COUNCIL MINUTES 408 NOVEMBER 18, 2002 l► PUBLIC HEARING 75.13. ENVIRONMENTAL IMPACT REPORT 2001-02, CONDITIONAL USE PERMIT NOS. 2002-20, 2002-21, AND 2002-22: FOR A PROPOSED SAV- ON AND FOUR LIVE -WORK UNITED LOCATED AT 102, 116-120 NORTH MAIN STREET AND 115 NORTH SYCAMORE STREETS Consider approving an environmental impact report and conditional use permits to allow the sale of alcoholic beverages for off -site consumption, allow the operation of a retail establishment during the hours of Midnight and 5:00 a.m., and allow the construction of four live -work units Legal Notice published in the Orange County Register on November 8, 2002 Planning Commission recommended denial on October 28, 2002 by a 4-2 vote (Mondo and Nalle opposed; Doughty absent) Presentation of staff report by Assistant City Manager for Development Services Cindy Nelson Presentation of written communications by the Clerk of the Council: Correspondence from the law offices of Gaines and Stacy requesting support of staff recommendations and requesting that Police Department conditions B15-18 be deleted; correspondence from Rose Ann Kings requesting that Council deny certification of the EIR The following speakers spoke in opposition to the project: Tim Rush and Jo Ann Ramirez representing the Santa Ana Historical Preservation Society; Ginelle Hardy and Maria Haro from Heninger Park; Alejandro "Alex" Vasquez, Luis Manuel Diaz and Priscilla Monserrate representing Latino Health Access; and Jaime Vega James Kendrick supported the right of the developer to build at this site but raised some concerns relative to the live -work units and the need for garage and laundry facilities Applicants Fred Gaines, Victor Robles, and Paulete Dewire addressed the Council in support of the project with the requested modifications in the Police Department conditions Public Hearing Closed Council discussion ensued. Motion: Adopt resolution as amended to delete conditions B15-18 in Exhibit «A", CITY COUNCIL MINUTES 409 NOVEMBER 18, 2002 75.D. Motion PUBLIC HEARING RESOLUTION 2002-098 - A resolution of the City Council of the City of Santa Ana certifying the environmental impact report, approving a mitigation monitoring program, and adopting certain facts, findings and a statement of overriding considerations; approving as conditioned Conditional Use Permit No. 2002-20 to allow the sale of alcoholic beverages for off -site consumption; approving as conditioned Conditional Use Permit No. 2002-21 to allow after hours operation; and approving as conditioned Conditional Use Permit No. 2002-22 to allow four live -work units for a proposed Sav-On and four live -work units located at 102, 116-120 North Main Street and 115 North Sycamore Street Applicant: M & A Gabaee L.P MOTION: Solorio SECOND: McGuigan VOTE: AYES: Alvarez, Franklin, McGuigan, Pulido, Solorio (5) NOES: Bist, Christy (2) ABSENT: None (0) ORDINANCE AND RELATED ACTIONS CREATING THE FEDERAL CLEAN WATER PROTECTION ENTERPRISE Public hearing to consider approving a proposed new storm water fee program under the Federal Clean Water Protection Enterprise. Legal Notice published in the Orange County Register on November 8 and 15, 2002 Presentation of staff report by Engineering Service Manager George Alvarez, Public Works Agency Presentation of written communications by Clerk of the Council: None Glen Stroud addressed the Council relative to concerns about the increase in the water bills which will result from adoption of this ordinance; public hearing closed 1. Place ordinance on first reading and authorize publication of title. CITY COUNCIL MINUTES 410 NOVEMBER 18, 2002 1) ]I PUBLIC HEARING ORDINANCE NO. NS-2519 - An ordinance of the City Council of the City of Santa Ana adding Article XVIII to Chapter 13 and Sections 18-162.1 to 18-165.4 to the city's code, establishing a Federal Clean Water Protection Enterprise Fund and Federal Clean Water Protection Enterprise Program 2. Approve resolution. RESOLUTION NO. 2002-100 - A resolution of the City Council of the City of Santa Ana increasing the amount of sewer, water, refuse and various specified building permit and inspection fees and charges to fund the Federal Clean Water Protection Enterprise established pursuant to Section 18-165.2 of the Santa Ana Municipal Code and adding said increased fees and charges to the miscellaneous fee schedule 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement. AGMT NO. 2002-215 - Execute an amendment to the agreement with Waste Management Inc. increasing the City's administrative fee for curbside service - Public Works Agency MOTION: McGuigan SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Franklin, McGuigan, Pulido, Solorio (6) NOES: Christy(1) ABSENT: None (0) * Mayor Pulido left the meeting at 8:54 p.m. COUNCIL AGENDA ITEM Pursuant to Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85.A. AUTHORIZATION TO NEGOTIATE THE SALE OF AN AMBULANCE TO THE CITY OF MINATITLAN, MEXICO (SOLORIO) Public hearing to consider the direct negotiated sale of an ambulance with Minatitlan, Mexico, without the necessity of a public auction. Such decision would require the two-thirds approval of the City Council in accordance with Section 2-709 of the Santa Ana Municipal Code. CITY COUNCIL MINUTES 411 NOVEMBER 18, 2002 NO COUNCIL AGENDA ITEM Legal Notice published in the Orange County Register on November 8, 2002 No public speakers; public hearing closed Motion: Direct staff to negotiate the sale of an ambulance with Minatitlan, Mexico. MOTION: Solorio VOTE: AYES: ABSENT: SECOND: Bist Alvarez, Bist, Christy, Franklin, McGuigan, Solorio (6) NOES: None (0) Pulido (1) COMMENTS 90.A. PUBLIC COMMENTS Debbie McEwen addressed the Council concerning an incident in French Park involving gunshots aimed at an individual(s) living in a garage. She noted that she has contacted both the Police Department and Code Enforcement on this matter and has not been able to obtain resolution of the problem. Mayor Pro Tern McGuigan asked the City Manager to investigate this situation and report back to Ms. McEwen and the Council. Alex Vega addressed Council 90.13. CITY COUNCIL COMMENTS All Councilmembers present congratulated Pat McGuigan on her many years of service and noted that she will be sorely missed. Councilmember Franklin congratulated Councilmembers Bist and Christy on their reelection and also congratulated Councilmember-elect Mike Garcia on his election. Councilmember Christy asked the City Manager to investigate why fliers printed to promote the public safety fair were not distributed at the schools as promised. ADJOURNMENT - 9:15 P.M. - To November 26, 2002 at 6:00 p.m. in the Council ��mbrs, 22 Civic Center Plaza, Santa Ana, California atrici� 'a E H alyY Clerk of the Council CITY COUNCIL MINUTES 412 NOVEMBER 18, 2002