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HomeMy WebLinkAbout2004-10-04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA • SANTA ANA, CALIFORNIA OCTOBER 4, 2004 CALL TO ORDER ATTENDANCE: PLEDGE OF ALLEGIANCE INVOCATION EMPLOYEE SERVICE AWARDS PRESENTATIONS CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:22 P.M. Councilmembers present: MIGUEL PULIDO BRETT E. FRANKLIN CLAUDIAALVAREZ LISA BIST ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager, BENJAMIN KAUFMAN, Assistant City Attorney PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO Bob Barnett, Police Chaplain MAYOR PULIDO 20 Years of Service Richard Bazaire, Fire Engineer Stephen Horner, Fire Captain Debra Kurita, Assistant City Manager 35 Years of Service Ronald Ono, Park & Landscape Design Manager Certificates of Recognition presented by MAYOR PULIDO to the Santa Anita Soccer Club recognizing their leadership CITY COUNCIL MINUTES 313 OCTOBER 4, 2004 PRESENTATIONS Certificates of Recognition presented by MAYOR PULIDO to Carolyn Griebe and Vicky Bealmer for their dedication to the Paint Your Heart Out Santa Ana Program Proclamation presented by COUNCILMEMBER ALVAREZ to Lou Correa for his service in representing the California 69th Assembly District Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Sergio Velasquez for his generous donation to the December Children's Holiday Party Certificates of Recognition presented by COUNCILMEMBERS ALVAREZ and GARCIA recognizing Max Madrid, Carol McLaughlin, Richard Porras, Scott Mathers and Marine representatives for their efforts in gathering toys on behalf of the Toys for Tots Program Proclamation presented by COUNCILMEMBER SOLORIO to Reuben Martinez* in honor of being the MacArthur Foundation Fellowship recipient Certificates of Recognition presented by COUNCILMEMBER SOLORIO to the Southeast Little League Baseball team for their participation in the District 30 All Star Junior Tournament Proclamation presented by COUNCILMEMBER CHRISTY to Robert Claudio in recognition of "Employ the Older Worker Week" Certificates of Recognition presented by COUNCILMEMBER CHRISTY to those who contributed to the production of the Santa Ana Police Department video entitled ".08" Certificates of Recognition presented by COUNCILMEMBER CHRISTY to TKO Boxing Champions: Johnny Ramos, Ronny Rios, Tony Aguilar, and Salvador Rios for their success in the 2004 World Ringside Tournament Certificates of Recognition presented by COUNCILMEMBER CHRISTY to the Youth Expo Planning Team for their contribution in organizing Youth Expo 2004 OATHS OF OFFICE Administered by the Clerk of the Council to the following: Name Board Michele C. Martinez Cable Board Carina Ruvacalba Youth Commission David T. Chapel Youth Commission CITY COUNCIL MINUTES 314 OCTOBER 4, 2004 PUBLIC HEARINGS At this time Item 75.A. was taken out of order 75.A. APPEAL NO. 2004-06 (CONDITIONAL USE PERMIT NO. 2004-06) — 1935 EAST SEVENTEENTH STREET Filed by Bergman Architecture on behalf of America's Tire to appeal the decision of the Planning Commission, which denied the issuance of Conditional Use Permit No. 2004-06 to allow a tire store in the Arterial Commercial (C5) zoning district at 1935 E. Seventeenth Street Recommended action approved by the Planning Commission at its May 10, 2004 meeting by a vote of 5-2 (Nalle and Sinclair opposed) Continued by the City Council June 21, 2004 to July 19, 2004; from July 19, 2004 to August 16, 2004; and from August 16, 2004 to September 20, 2004 Legal Notice published in the Orange County Reporter on July 9, 2004 and notices mailed Continued by City Council from the September 20, 2004 City Council Meeting by 7-0 vote Without objection this item was taken off calendar because the applicant submitted a written request to withdraw the application. CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Addition of Closed Session Report, Item 19.A. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Garcia SECOND: Christy VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) • ABSENT: None (0) CITY COUNCIL MINUTES 315 OCTOBER 4, 2004 CONSENT CALENDAR ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. through 10.C.) 10.A. ADJOURNED REGULAR MEETING OF SEPTEMBER 20, 2004 10.13. REGULAR MEETING OF SEPTEMBER 20, 2004 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT — SEPTEMBER 29, 2004 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Vacancies Cable Television Advisory Board 1 Environmental Transportation Advisory Committee (ETAC) 1 Library Board 2 Community Redevelopment / Housing Commission Youth Commission —Alternate Youth Commission — Regular TOTAL Board/Commission Board of Parks & Recreation TOTAL CLERK OF THE COUNCIL POSTING REPORT 1 3 1 9 Expired Term 2 2 Ward 3 NA 3&4 Sr. Tenant 4,6 & Mayor 1 Ward 2&6 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. CITY COUNCIL MINUTES 316 OCTOBER 4, 2004 CONSENT CALENDAR • Motion: Instruct Clerk to enter postings into the through 15.C.) Minutes. (Items 15.A. Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 9/20/04 9/16/04 5:05 p.m. 15.B. Adj. Regular Meeting Agenda 9/20/04 9/17/04 5:03 p.m. 15.C. Revised City Council Agenda 9/20/04 9/17/04 5:08 p.m. Boards/Commission Resignation Effective Posted Time 15.D. Conrad Gallegos, Cable Board 8/20/04 9/24/04 4:55 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree Date 16.A. Healthy Back to School Start 09/18/04 16.6. Paul Marten Leu - Eagle Scout 09/19/04 16.C. OC AmeriCorps Alliance 09/23/04 16.D. 50th Wedding Anniversary -Helen Marie and Felton Shipp Jr. 09/25/04 16.E. Santa Ana College Athletic Hall of Fame Inductees 09/26/04 165. Family Day 09/27/04 16.G. Mary Ellen Lohnes 09/29/04 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: 1. Approve settlement. Guadalupe Garcia WCAB # 370098; 370080; 38260; 382607 compromise and release in the amount of $70,000 less permanent disability advances of $13,043.60 leaving a balance due of $56,956.40 to settle all issues of permanent disability 19.B. EXCUSED ABSENCES — None CITY COUNCIL MINUTES 317 OCTOBER 4, 2004 CONSENT CALENDAR BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT RECOGNIZING S.A.I.N.T AND S.P.I.R.I.T WEED AND SEED GRANT REVENUES Motion: 1. Adopt a resolution authorizing the Executive Director of the Community Development Agency to execute all necessary documents to accept the Weed and Seed grant funds and implement the programs. RESOLUTION NO. 2004-077 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Community Development Agency to execute all necessary documents to accept and implement the FY 2004-05 Weed and Seed grant from the United States Department of Justice 2. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-032 - recognizing $450,000 in United States Department of Justice funds and appropriate $225,000 to the S.A.I.N.T program and $225,000 to the S.P.I.R.I.T program 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements. AGMT NO. 2004-197 — Execute an amendment to the agreement with the Boys and Girls Club of Santa Ana extending their current contract to September 30, 2005, and increasing the amount of the agreement by $8,400 for a total amount not to exceed $34,400 AGMT NO. 2004-198 — Execute an amendment to the agreement with the Santa Ana Unified School District extending their current contract to September 30, 2005, and increasing the amount of the agreement by $8,600 for a total amount not to exceed $95,970 AGMT NO. 2004-199 - Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with The Society of St. Vincent De Paul extending their current contract to September 30, 2005, and increasing the amount of the agreement by $12,000 for a total amount not to exceed $24,000 CITY COUNCIL MINUTES 318 OCTOBER 4, 2004 CONSENT CALENDAR AGMT NO. 2004-200 - Execute an agreement with El Puente KIDWORKS CDC for Weed and Seed academic/computer tutoring programs in an amount not to exceed $16,800 AGMT NO. 2004-201 - Execute an agreement with Families Together of Orange County -Lyon Street Parent Center for a Weed and Seed reading readiness/school readiness program in an amount not to exceed $11,500 AGMT NO. 2004-202 - Execute an agreement with Families Together of Orange County -Lyon Street Parent Center for a Weed and Seed computer program in an amount not to exceed $16,000 AGMT NO. 2004-203 - Execute an agreement with The Cambodian Family, Inc. for a Weed and Seed tutoring program in an amount not to exceed $13,000 AGMT NO. 2004-204 - Execute an agreement with Mexican American Opportunity Foundation for a Weed and Seed tutoring program in an amount not to exceed $11,239 AGMT NO. 2004-205 - Execute an amendment to the agreement with the Orange County Probation Department extending its current contract to September 30, 2005, and increasing the amount of the agreement by $11,000 for a total of $18,200 — Community Development Agency SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.1L.) 22. A. SPEC. NO. 01-109 - CONTRACTS RENEWAL FOR TRAFFIC SIGNS AND RELATED HARDWARE — PUBLIC WORKS AGENCY - Renew the contracts for traffic signs and related hardware for a one-year period in the annual amounts as follows: Bidder: Zumar Industries, Inc Traffic Control Svcs., Inc. Western Highway Products, Inc. Categories: Amount: Traffic Signs and Hardware $98,011 Traffic Signs - Miscellaneous Items $36,184 Traffic Sign Decals $27,352 22.B. SPEC. NO. 01-120 - TOWING OF CITY -OWNED AND CITY -LEASED • VEHICLES - Renew the contracts for towing of City -owned and City - CITY COUNCIL MINUTES 319 OCTOBER 4, 2004 CONSENT CALENDAR leased vehicles for a one-year period in the annual aggregate amount not to exceed $50,000 with the following vendors: Vendor: Location: Ben Warner's Garage Santa Ana J & R Towing Santa Ana MetroPro Road Services/Santa Ana Towing Santa Ana Country City Towing, Inc. Anaheim 22.C. SPEC. NO. 04-106 - JANITORIAL SUPPLIES Award contracts for janitorial supplies for a period of one year with provision for two one-year renewals in a total annual aggregate amount not to exceed $65,521 with: Gale Supply Company Kathco Products Maintex, Inc. Waxie Sanitary Supply Xpedx 22.D. SPEC. NO. 04-107 - INDUSTRIAL PAINTING OF WATER PRODUCTION EQUIPMENT- PUBLIC WORKS AGENCY - Award a contract to Spectra Company for a one-year period with provision for two one-year renewals in an annual amount not to exceed $20,000 - Finance & Management Services Agency 22.E. SPEC. NO. 04-109 - PAINTING SERVICES - Award a contract to Solorio, Inc. for a two-year period with provision for two one-year renewals in an annual amount not to exceed $75,000 - Finance & Management Services Agency 22.F. SPEC. NO. 04-110 - FIRE HYDRANTS, EXTENSIONS, AND REPAIR KITS — PUBLIC WORKS AGENCY - Award for a one-year period with provision for three one-year renewals in the annual amounts as follows: Bidder: Location: Categories: Amount: S and J Supply Co., Inc. Santa Fe Springs Fire Hydrants and Extensions $43,021 Dangelo Company, Inc. La Habra Hydrant Repair Kits $ 2,058 22.G. SPEC. NO. 04-111 - FIREFIGHTER PROTECTIVE CLOTHING AND EQUIPMENT — FIRE DEPARTMENT - Award contracts in the amounts as follows: Vendor: Amount: Allstar Fire Equipment, Inc. $12,854.58 L.N. Curtis & Sons $66,963.39 CITY COUNCIL MINUTES 320 OCTOBER 4, 2004 CONSENT CALENDAR • 22.H. SPEC. NO. 04-112 - UTILITY SURVEY TRUCK Motion: 1. Reject the bid from Don Kott Ford as nonresponsive to the specification. 2. Award a contract to Villa Ford for the purchase of one utility survey truck in the amount of $40,351.38; and an additional $10,000 on the annual blanket contract. 22.1. SPEC NO. 04-116 - PAGING SERVICES — Award a contract to Arch Wireless based on the contract with the City of Manhattan Beach for a one-year period, in the annual amount not to exceed $45,000 - Finance & Management Services Agency 22.J. SPEC. NO. 04-117 - JOHN DEERE TRACTOR BACKHOE - Award a contract to Coastline Equipment, using the City of Glendale's contract with Coastline Equipment for the purchase of a John Deere tractor backhoe in the amount of $82,752 - Finance & Management Services Agency 22.K. SPEC. NO. 04-118 — POLICE EQUIPMENT MOTORCYCLES — POLICE DEPARTMENT — Award a contract to A&S BMW Motorcycles, using the State of California's contract with A&S BMW Motorcycles in the amount of • $38,497.26 - Finance & Management Services Agency 221. SPEC NO. 04-121 — BOOKS PURCHASE — Award a contract to McNaughton Book Service for a one-year period in an amount not to exceed $35,000 — Library PROJECTS 23.A. CONTRACT AWARD FOR 2004-2005 OMNIBUS CONCRETE REPLACEMENT CONTRACT (PROJECT 05-1704) Motion: 1. Award a contract to Damon Construction Company, the lowest responsible bidder, in accordance with the unit bid prices in the estimated amount of $403,835 for construction of the 2004-2005 Omnibus Concrete Replacement Contract. 2. Approve a Funding Analysis with a total estimated construction cost of $484,600. 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.K.) CITY COUNCIL MINUTES 321 OCTOBER 4, 2004 CONSENT CALENDAR 25.A. CONTRACT AMENDMENTS WITH FEDERAL EMPOWERMENT ZONE DAISY WHEEL NETWORK PROGRAM AGMT NO. 2004-206 - Execute a contract amendment with Catholic Charities to increase the amount of the agreement by $21,830 not to exceed $119,330 AGMT NO. 2004-207 - Execute a contract amendment with Delhi Center to increase the amount of the agreement by $3,996 not to exceed $85,246 AGMT NO. — 2004-208 Execute a contract amendment with Mexican American Opportunity Foundation to increase the amount of the agreement by $11,263 not to exceed $102,023 AGMT NO. 2004-209 - Execute a contract amendment with Orange County Conservation Corps to increase the amount of the agreement by $1,998 not to exceed $103,113 AGMT NO. 2004-210 - Execute a contract amendment with Taller San Jose to increase the amount of the agreement by $1,184 not to exceed $135,132 AGMT NO. 2004-211 - Execute a contract amendment with The Cambodian Family to increase the amount of the agreement by $23,310 not to exceed $108,939 — Community Development Agency 25.13. AGMT NO. 2004-212 - FOR COPIER/MICROGRAPHIC PRINTER SERVICE AT MCFADDEN LEARNING AND TECHNOLOGY CENTER - Execute an agreement with Card Meter Systems, Inc. to provide copier and micrographic printer service with debit card technology at McFadden. Learning and Technology Center for a one-year period, with a provision for two one-year extensions, in annual amount not to exceed $3,700 per year - Parks, Recreation & Community Services 25.C. AMENDMENTS TO AGREEMENTS FOR THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM - AGMT NO. 2004-213 - Execute an amendment to the agreement between the City of Santa Ana, AIDS Service Foundation Orange County and Solari Enterprises, Inc. in the amount of $45,000 AGMT NO. 2004-214 - Execute an amendment to the agreement between the City of Santa Ana and the County of Orange Health Care Agency in the amount of $190,000 — Community Development Agency CITY COUNCIL MINUTES 322 OCTOBER 4, 2004 CONSENT CALENDAR 25.D. AGMT NO. 2004-215 — GASOLINE PURCHASE - Amend the contract with Freeway Chevron to increase the aggregate limit by $12,000 not to exceed $22,000 for purchase of gasoline under the Workforce Investment Act Client Voucher Policy - Community Development Agency 25.E. AGMT NO. 2004-216 - 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 $36,700 - Police Department 25.F. AGMT NO. 2004-217 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-03 - Execute an agreement with James A. Johnson and Corrie E. Johnson, Trustees for the Johnson Family Trust dated September 28, 2000, for the structure located at 624 South Birch Street — Planning & Building Agency 25.G. AGMT NO. 2004-218 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-05 - Execute an agreement with George W. McCloud and Denise Patterson, Trustees of the McCloud Family Living Trust dated March 22, 1996, for the structure located at 2310 N. North Park Boulevard - Planning & Building Agency 25.H. AGMT NO. 2004-219 - PURCHASE AND INSTALLATION OF OFFICE is FURNITURE - Execute an amendment to the agreement with Fullmer Contract Furniture and Services in an amount not to exceed $20,000 - Planning & Building Agency 25.1. AGMT NO. 2004-220 — SEWER VIDEO INSPECTION SERVICES — Execute a one year agreement with the option to extend for a second one year term at the same contract amount with Houston Harris PCS Inc. for an annual amount not to exceed $300,000 — Public Works Agency 25.J. AGMT NO. 2004-221 — NPDES COMMERCIAL/INDUSTRIAL INSPECTION SERVICES — With Geomatrix Consultants, Inc. not to exceed in an amount of $400,000 — Public Works Agency 25.K. AGMT NO. 2004-222 — MEMORANDUM OF UNDERSTANDING — Execute an agreement with the Police Officer's Association (POA) regarding wages, hours, and other terms and conditions of employment — Police Department Glen Stroud expressed concern that this item was listed on the consent calendar • *** END OF CONSENT CALENDAR *** CITY COUNCIL MINUTES 323 OCTOBER 4, 2004 BUSINESS CALENDAR ORDINANCES 50.A. ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE REGULATING ANIMALS Continued from the September 20, 2004 City Council Meeting by a vote of 7-0 Motion: Place ordinance on first reading and authorize publication. ORDINANCE NO. NS-2669 - An ordinance of the City of Santa Ana Chapter 5 of the Santa Ana Municipal Code prohibiting the display of wild or exotic animals at circuses or carnivals MOTION: Christy SECOND: Franklin VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 50.13. REFERENDUM PETITION AGAINST ONE BROADWAY PLAZA PROJECT Mayor Pulido declared a potential conflict of interest on Item 50B because a former business partner is a tenant in the proposed project site; he further noted that in January, 2004, he became a member of the board of directors of a bank which has loans on this project. Mayor Pro Tem Franklin stated that he would not participate in the discussion or vote on this item to avoid the appearance of a conflict since he had received contributions from the applicant during his recent election campaign. Mayor Pulido and Mayor Pro Tern Franklin left the meeting and Councilmember Bist assumed the Chair. Written communications from Cherylan Hils, and John Barneich provided to the Council. The following speakers opposed the project and requested that the Council rescind its approval of the ordinance related to the One Broadway Plaza project: John Barneich; Connie Major, Roy Melcher, Steve CITY COUNCIL MINUTES 324 OCTOBER 4, 2004 BUSINESS CALENDAR McGuigan, Ben Grabiel, Kim Payne, JoAnn Ramirez, Jeff Dickman, and Claudio Gallegos The following speakers opposed the project and requested that the Council either rescind or call an election on this matter as soon as possible: Paul Giles, Cecile Laforce, Jerry Wood and Barry Jensen The following speakers supported the project and asked the Council to call an election on the matter: Jim Adams, Ken Malone, John Reiser, Desi Reyes and James Kendrick The following individuals spoke in support of the project and asked the Council not to rescind the ordinance: Laurie Hampton, William Beaubeaux, Patricia Bustamante, Alfonso Bustamante, Robin Christenson, Bob Stewart, Leonard Gillis, Gil Marrero, Irma Jaurequi, and Russ Nicholson Tom Lamere raised concerns relative to Council decorum during public comments. Council discussion ensued. Councilmember Alvarez noted that the Council did not have any information relative to the cost of various election options and recommended the creation of an Ad Hoc Council Committee comprised of Councilmembers Bist and Christy. Discussion continued. Motion: 1. Receive and File Declaration of Sufficiency prepared by the Clerk of the Council 2. Continue the matter no more than 45 days, and in the interim establish an Ad -Hoc Council Committee comprised of Council Members Bist and Christy to work in conjunction with staff, the developer and the referendum proponents to recommend an appropriate date for calling an election to submit Ordinance NS- 2649 to the voters of the City of Santa Ana MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Garcia Alvarez, Bist, Garcia, Solorio (4) Christy (1) None (0) Franklin, Pulido (2) CITY COUNCIL MINUTES 325 OCTOBER 4, 2004 BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM Motion: Adopt a resolution. RESOLUTION NO. 2004-078 — A resolution of the City Council of the City of Santa Ana approving the application for grant funds under the California Youth Soccer and Recreation Development Program under the California clean water, clean air, safe neighborhood parks, and Coastal Protection Act of 2002 MOTION: Solorio SECOND: Christy VOTE: AYES: Alvarez, Christy, Franklin, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bist (1) 55.B. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM Motion: Adopt a resolution. RESOLUTION NO. 2004-079 — A resolution of the City Council of the City of Santa Ana approving the application for grant funds for the State Urban Parks and Healthy Communities Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 MOTION: Solorio SECOND: Franklin VOTE: AYES: Alvarez, Christy, Franklin, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bist (1) CITY COUNCIL MINUTES 326 OCTOBER 4, 2004 BUSINESS CALENDAR 55.C. APPEAL NO. 2004-02 (HISTORIC RESOURCES COMMISSION APPLICATION NO. 2003-45 AND HISTORIC REGISTER CATEGORIZATION NO. 2003-47) - 924 NORTH LOWELL STREET (JOE LOWELL HOUSE) Historic Resources Commission adopted a resolution approving Historic Resources Commission Application 2004-45 and Historic Register Categorization No. 2003-47 at its June 3, 2004 meeting by a vote of 5-1 (Schaefer opposed, Gartner, O'Callaghan absent, Lutz abstained) Filed by Fernando Astran to appeal the decision of the Historic Resources Commission, which approved the placement and categorization of the structure, located at 924 North Lowell Street (Joe Lowell House) as a Key property on the Santa Ana Register of Historical Properties. Legal Notice published in the Orange County Reporter on July 23, 2004 and notices mailed. Continued from the August 2, 2004 City Council meeting by a vote of 5-0 (Christy absent and Alvarez conflict of interest) Public hearing closed September 7, 2004 • Continued by the City Council from September 7, 2004 Meeting by 5-2 vote (Alvarez, conflict of interest and Garcia, absent) Connie Major addressed the Council in support of placing the property on the Santa Ana Register of Historical Properties. Motion: Continue the matter 60 days at the request of staff. MOTION: Christy SECOND: Garcia VOTE: AYES: Bist, Christy, Franklin, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: Alvarez (1) ABSENT: None (0) 55.D. RESOLUTION AUTHORIZING ABSENCE WITH PAY FOR CITY EMPLOYEES WHO STAFF POLLING STATIONS ON ELECTION DAY . Motion: Adopt a resolution. CITY COUNCIL MINUTES 327 OCTOBER 4, 2004 BUSINESS CALENDAR RESOLUTION NO. 2004-080 - A resolution of the City Council of the City of Santa Ana authorizing absence with pay for City employees who volunteer to staff polling stations for the County on Election Day Glen Stroud spoke in opposition to the resolution authorizing absence with pay for city employees who staff polling stations on Election Day MOTION: Alvarez SECOND: Franklin VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75.13. APPEAL NO. 2004-08 (AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-17 AND VARIANCE NO. 2004-05) TO ALLOW A REDUCTION IN REQUIRED PARKING FOR A NEW COMMERCIAL DEVELOPMENT — AT 2701 NORTH BRISTOL STREET - RED MOUNTAIN RETAIL, APPELLANT Filed by Red Mountain Retail Group to appeal the August 9, 2004 decision of the Planning Commission, which by a 5-2 vote (De La Torre and Sinclair opposed), approved the issuance of Variance No. 2004-05 as conditioned and amendment to Conditional Use Permit No. 2003-17 as conditioned to allow drive through window service for a proposed eating establishment at 2701 North Bristol Street Legal Notice published in the Orange County Reporter on September 24, 2004 and notices mailed Staff presentation by Jay Trevino, Planning Manager, Planning and Building Agency. Mr. Trevino noted that the appeal is focused on the condition of approval imposed by the Commission related to the reduction of the number of tenant spaces from four to three. The applicant believes that a restriction on the number of tenant spaces would be an undue burden on its marketing and leasing efforts. He further noted that the recommended council action removes this condition. CITY COUNCIL MINUTES 328 OCTOBER 4, 2004 PUBLIC HEARINGS Written Communication: The Clerk of the Council reported that she had received a compilation of a -mails received from residents in support of the project Public speakers: Glen Stroud, Dan Peters, Dave Hoen, Desi Reyes, Eric Nelson (representing the applicant) and Jerry Wood spoke in support of the project; the public hearing was closed. Motion: Adopt a resolution. RESOLUTION NO. 2004-081 - A resolution of the City Council of the City of Santa Ana approving Appeal No. 2004-08, approving and adopting the mitigated negative declaration and mitigation monitoring program, amending Conditional Use Permit No. 2003-17 as conditioned to allow a drive -through window service and approving Variance No. 2004-05 as conditioned for a reduction in the on -site parking for the property located at 2701 North Bristol Street MOTION: Franklin SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, • Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 9:31 P.M. FOLLOWED BY THE HOUSING AUTHORITY COUNCIL RECONVENED AT 9:32 P.M. WITH THE SAME MEMBERS PRESENT COMMENTS 90.A. PUBLIC COMMENTS Steve McGuigan expressed concerns relative to the One Broadway Plaza project and cable television coverage Catherine Cate expressed concerns about the One Broadway Plaza • project and the proposed bar/restaurant project on Main Street. CITY COUNCIL MINUTES 329 OCTOBER 4, 2004 COMMENTS Jesse Calleros and Susie Gulick raised concerns about criminal activities near the Town Square apartments. Both speakers expressed the need for more police support and patrols in the area to address increased incidents of illegal activities 90.13. CITY COUNCIL COMMENTS Councilmember Garcia • Announced that the annual Toys for Tots Drive will be held on November 21, 2004, and encouraged residents to participate • Announced that on October 9, 2004, a group of residents will be building the foundation for a volleyball court at Lillie King Park • Encouraged residents to vote on November 2, 2004 • Thanked all the individuals and organizations that contributed to the success of the Youth Expo Councilmember Solorio • Noted that he will be attending the event in the Sandpointe neighborhood related to the construction of the volleyball court • Asked that the Neighborhood Improvement and Code Enforcement committee consider the issue of restricting the use of leaf blowers • Noted that Reuben Martinez will be at a future Council meeting to be recognized for being named a MacArthur Foundation Fellowship recipient • Asked staff to follow up on the issues raised by the representatives from Town Square • Announced that the ribbon cutting for the new soccer field would be held on October 30, 2004 Councilmember Christy • Cautioned residents not to be misled by myths about the reinstatement of the military draft • Encouraged residents to support proposition 1A which will protect city funds • Asked the Council to adjourn in memory of Chanthan Choup who was a custodian on the midnight shift at the Corporate Yard and was killed in an accident on the 91 Freeway • Asked the Council to adjourn in memory of Armando Lawrence, father of Mark Lawrence, Assistant to the City Manager Councilmember Bist • Asked Police Chief Walters to work with residents of Town Square to alleviate some of the recent problems that have occurred • Noted that there is a new small business operating in the historic downtown area; bike cabs are now available CITY COUNCIL MINUTES 330 OCTOBER 4, 2004 COMMENTS Councilmember Alvarez • Congratulated the neighborhood associations that have gotten involved and that have brought their concerns to the attention of the Council • Noted that Halloween is approaching and cautioned parents to keep their kids safe Mayor Pro Tern Franklin • Ask the developers of the site at 17th and Tustin to meet with the residents in the surrounding neighborhood to discuss appropriate alternative uses for the site • Noted that advice was needed from the Vector Control District on how to dispose of deceased crows • Noted that there was a recent newspaper report on the poor condition of Eddie West Field; he further noted that a broader based public and private approach was needed to address the issues. • With respect to the proposed farmers market project, asked staff to get information from the Irvine Farmers Market • Reminded residents to vote on November 2, 2004 ADJOURNMENT — 10:07 P.M. — To October 18, 2004 — 5:15 p.m. - Police Chiefs Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana, • California Adjourned in Memory of Chanthan Chuop and Armando Lawrence Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 331 OCTOBER 4, 2004