Loading...
HomeMy WebLinkAbout2004-01-20 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA JANUARY 20, 2004 CALL TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:28 P.M. COUNCILMEMBERS present: MIGUEL PULIDO, Mayor BRETT E. FRANKLIN, Mayor Pro Tem CLAUDIA ALVAREZ LISA BIST 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 PRESENTATIONS Roger Aragon, Police Chaplain Special Presentation - By Dick Merritt, Department for Child Abuse Services Team (CAST) to Police Chief Paul Walters and the Santa Ana Police Department Child Abuse Team CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: · Councilmember Solorio requested that item 25.B. be pulled for separate discussion · Councilmember Bist asked to be recorded as a "no" vote on item 25.B. · Councilmember Bist requested that item 31.A. be pulled for separate discussion · Councilmember Christy abstained on items 10.A. and 10.B. · Addition of Closed Session Report item 19.A. Motion: Approve staff recommendations on the following Consent Calendar items. CITY COUNCIL MINUTES 20 JANUARY 20, 2004 MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: CONSENT CALENDAR SECOND: Garcia Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) the actual vote, items without votes are adopted as part of the consent motion MINUTES Motion: 10.A. 10.B. ADMINISTRATIVE MATTERS Approve minutes. (Items 10.A. and 'I0.B.) ADJOURNED REGULAR MEETING OF JANUARY 5, 2004 (Councilmember Christy abstained on this item) REGULAR MEETING OF JANUARY 5, 2004 (Councilmember Christy abstained on this item) ORDINANCE SECOND READING Motion: 11.A ORDINANCE EXTENDING DEADLINES FOR DEBT INCURRED IN THREE REDEVELOPMENT PROJECT AREAS Placed on first reading at the January 5, 2004 Council Meeting and approved by a 6-0 vote (Christy-absent) Published in the Orange County Reporter on January 9, 2004 Place ordinance on second reading and adopt. ORDINANCE NO. NS-2641 - An ordinance of the City Council of the City of Santa Ana amending the North Harbor, South Harbor, and South Main redevelopment plans of the City of Santa Ana to extend the time limit in each plan for the incurrence of debt to coincide with the effectiveness of said plans - Community Development Agency CITY COUNCIL MINUTES 21 JANUARY 20, 2004 CONSENT CALENDAR BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - JANUARY 14, 2004 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Vacancies Environmental Transportation Advisory Committee (ETAC) 1 Library Board Community Redevelopment / Housing Commission Youth Commission - Regular Youth Commission - Alternate TOTAL 2 1 Tenant 1 2 7 Ward NA 3&4 Sr. 3 4&6 Board/Commission Expired Term Ward Cable Television Advisory Board 1 6 Board of Parks & Recreation 2 2 and 6 Library 1 2 Youth Commission -Alternate 2 4 and 6 TOTAL 6 13.B. COUNCIL COMMITTEE REPORTS Committee Name Park Development/Joint Use Facilities Date 11/04/03 Motion: Receive and File. 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.F.) 15.A. 15.B. Council Meetinq A.qendas Meetin.cI Date Posted Time. City Council Agenda 01/05/04 12/31/03 3:30 pm Adjourned Regular Meeting Agenda - Closed Session 01/05/04 01/02/04 4:00 pm CITY COUNCIL MINUTES 22 JANUARY 20, 2004 CONSENT CALENDAR 15.C. 15.D. 15.E. 15.F. Council Committee A.qendas Meetin.cl Date Public Safety-Cancellation Notice 12/15/03 Main Street Development 12/17/03 Park Development~Joint Use 01/06/04 Boards/Commission Resi.qnation Effective William Boynton-Vector Control Board12/30/03 Posted Time 12/11/03 8:30 am 12/11/03 8:30 am 12/19/03 8:45 am Posted Time 12/31/03 4:00 pm MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter certificates into the Minutes. (16.A. through 16.B.) 16.A. 16.B. Honoree Reverend Leon W. Clark-New Spirit Baptist Church Planned Parenthood WIC Grand Opening Date 01/11/04 01/12/04 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Jon Carey, WCAB Case# ANA323363, etc., date of injury 9/24/97, etc., compromise and release in the amount of $58,148.17 Leonard Salcedo WCAB #'s AHM 0102278, 0102276 & 0102277, compromise and release in the amount of $40,940.00 19.B. EXCUSED ABSENCES-None 19.C. LEAGUE OF CALIFORNIA CITIES ANNUAL DUES Motion: Authorize the City of Santa Ana's membership with the League of California Cities in the amount of $47,278 - City Manager's Office 19.D. UNITED STATES CONFERENCE OF MAYORS DUES Motion: Authorize the City of Santa Ana's membership with the United States Conference of Mayors in the in the amount of $15,558. - City Manager's Office BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. STATE BOARD OF CORRECTIONS, TITLE II DELINQUENCY PREVENTION AND INTERVENTION PROGRAM GRANT AWARD CITY COUNCIL MINUTES 23 JANUARY 20, 2004 Motion: 20.B. Motion: 20.C. Motion: CONSENT CALENDAR 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 04-092 - Recognizing $200,000 in State Board of Corrections, Title II Delinquency Prevention and Intervention Program revenue account and appropriate funds to the State Board of Corrections, Title II Delinquency Prevention and Intervention Program expenditure account. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT 2004-007 - With the State Board of Corrections to develop and implement the Leadership Development Strategy at McFadden Learning and Technology Center. - Parks, Recreation & Community Services Agency APPROPRIATION ADJUSTMENT ACCEPTING LIBRARY SERVICES AND TECHNOLOGY ACT PUBLIC LIBRARY STAFF EDUCATION FUNDS Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 04-086 - Accepting Federal Library Services and Technology Act funds for the Public Library Staff Education Program of $9,933 in the revenue account and appropriate the funds to expenditure accounts to provide reimbursement for library staff APPROPRIATION ADJUSTMENT ACCEPTING LIBRARY SERVICES AND AMENDED AGREEMENT TO ADMINISTER THE CALWORKS WORK EXPERIENCE PROGRAM - 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 04-90 - Recognizing $196,000 in revenues awarded by the County of Orange Housing and Community Services Department 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT 2004-008 - Execute an amendment to the Workforce Investment Act Telecommunications Agreement with the County of Orange to administer the CalWORKS Work Experience Program grant. CITY COUNCIL MINUTES 24 JANUARY 20, 2004 CONSENT CALENDAR 20.D. Motion: APPROPRIATION ADJUSTMENT RECOGNIZING CONDEMNATION FUNDS FOR THE MAIN AND MACARTHUR INTERSECTION PROJECT 1733 Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 04-087 - Recognizing funds in the amount of $31,075 in the Measure M Street Construction Fund and appropriating $31,075 to the Measure M Street Construction Fund for the Main Street and MacArthur Boulevard intersection project SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: 22.A. 22.B. 22.C. PROJECTS 23.A. Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.C. SPEC. NO. 00-172 - TROPHIES, PLAQUES AND AWARDS - PARKS, REC. & COMM. SVCS. AGENCY, POLICE AND PERSONNEL SERVICES - Renew the contract with Players Choice for the purchase of trophies, plaques and awards for a one-year period in an annual amount not to exceed $45,000. - Finance & Mgmt. Services Agency SPEC. NO. 03-105 PRINTER MAINTENANCE FINANCE & MANAGEMENT SERVICES AGENCY - Award contracts for the printer maintenance on a time and materials basis for a two-year period with options for three one-year renewals in an annual amount not to exceed $33,000 with: PBS Technologies Corporation Swingline Imaging Solutions Varitek, Inc. SPEC. NO. 03-109- PLUMBING MODIFICATIONS- FIRE DEPT. -Award a contract to Coast Plumbing, Inc. plumbing modifications at various Fire Department facilities in the amount of $8,550 - Finance & Mgmt. Services Agency PINE STREET WATER MAIN IMPROVEMENTS (PROJECT 04-3188) Amend the contract with R&L Sewers, Inc. for the Pine Street Water Main Improvements Project to increase the amount by $20,000 for a total estimated amount of $305,352 DYER ROAD REHABILITATION BETWEEN FLOWER AND M~i~ STREETS (PROJECT 1772) CITY COUNCIL MINUTES 25 JANUARY 20, 2004 CONSENT CALENDAR Motion: 1. Award a contract to Orion Contracting, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $398,630.50 2. Approve a Funding Analysis with a total estimated construction cost of $498,300 - Public Works Agency MOTION: Solorio SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, 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. (Items 25.A. through 25.E..) 25.A. AGMT 2004-009 - AMENDMENT TO EMPOWERMENT ZONE GRANT AGREEMENT - Amend the Memorandum of Agreement with the United States Department of Housing and Urban Development, the State of California and the City of Santa Ana regarding the designation of the City of Santa Ana as a Round II Federal Empowerment Zone - Community Development Agency (Continued from the January 5, 2004 City Council Meeting) 25.B. AGMT 2004-010 - HAULING AND PROCESSING OF CONSTRUCTION AND DEMOLITION DEBRIS - With Waste Management and Ware Disposal, extending the term of the agreements for one year with an additional one year renewal option to be authorized by the Executive Director of Public Works, and increasing the program surcharge - Public Works Agency (Continued from the January 5, 2004 City Council Meeting) (Councilmember Bist voted no on item 25B) 25.C. AGMT 2004-011 - PAYROLL CONSULTING SERVICES - With Dawna Whaley in a total contract amount not to exceed $90,000 - Finance & Mgmt. Services Agency CITY COUNCIL MINUTES 26 JANUARY 20, 2004 25.D. 25.E. CONSENT CALENDAR AGMTS 2004-012 and 2004-013 - CATCH BASIN CLEANING SERVICES AS REQUIRED BY THE NPDES PERMIT - Execute an amendment to the maintenance agreement with National Plant Services Inc. in the amount of $45,000 for a total contract amount of $55,000. and with Empire Pipe for an amount not to exceed $55,000 - Public Works Agency AGMT 2004-014 - SOFTWARE MAINTENANCE AGREEMENT - Renew the agreement with Mobile Access Software Inc. in an amount not to exceed $51,000 - Police Department LAND USE MATTERS CONDITIONAL USE PERMITS / VARIANCES Motion: CONDITIONAL USE PERMIT NO. ,2003-35 AND MINOR EXCEPTION NO. 2003-10 TO ALLOW THE YMCA TO OPERATE A COMMUNITY SERVICE FACILITY - 2100 WEST ALTON AVENUE. Filed by YMCA of Orange County to allow a community service center in the Specific Development No. 4 zoning district and to allow shared parking between adjacent uses at 2100 West Alton Avenue. Recommended action approved by the Planning Commission at its December 22, 2003 meeting by a vote of 5-0 (Cribb and Mondo absent Presentation of staff report by Vince Fregoso, Senior Planner, Planning and Building Agency Applicant: YMCA of OranRe County Receive and file the staff report approving Conditional Use Permit No. 2003-35 as conditioned and Minor Exception No. 2003-10 as conditioned. MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: AIvarez AIvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) *** END OF CONSENT CALENDAR *** CITY COUNCIL MINUTES 27 JANUARY 20, 2004 75.A. Motion: PUBLIC HEARINGS AMENDMENT APPLICATION NO. 2003-09, GENERAL PLAN AMENDMENT NO. 2003-05, CONDITIONAL USE PERMIT NO. 2003-31, AND VARIANCE NO. 2003-08 FOR THE UNITED AUTOMOTIVE BUILDING- 100 SOUTH MAIN Filed by Caribou Industries to change the existing Zoning Designation from General Commercial (C2) to Specific Development 72 (SD-72), the existing General Plan Designation from General Commercial (GC) to District Center (DC), to allow conditional use permits for housing units, and a variance for a reduction of parking at 100 South Main Street. Legal Notice published in the Orange County Reqister on January 10, 2004 and notices mailed on January 9, 2004 Recommended action approved by the Planning Commission at its December 22, 2003 meeting by a vote of 6-0, (Cribb absent) Presentation of staff report by Steve Harding, Acting Executive Director, Planning and Building Agency Written communications received by the Clerk of the Council: None Public Hearing: Ben Grabiel expressed concerns relative to the amount of parking spaces required for the project Ginelle Hardy expressed concern that the reduction of parking required for the project would have a negative impact on the Heninger Park neighborhood Public hearing closed and Council discussion ensured. Councilmember Alva rez left the meeting at 7:12 P.M. APPLICANT: Caribou Industries and City of Santa Ana 1. Adopt a resolution. RESOLUTION NO. 2004-005 - A resolution of the City Council of the City of Santa Aha approving General Plan Amendment No. 2003-05, Conditional Use Permit No. 2003-31 as conditioned to allow rental housing units and approving Variance No. 2003-08 as conditioned for a reduction in parking for the property located at 100 South Main Street 2. Place ordinance on first reading and authorize publication CITY COUNCIL MINUTES 28 JANUARY 20, 2004. PUBLIC HEARINGS ORDINANCE NO. NS-2642 - An ordinance of the City Council of the City of Santa Aha rezoning the property located at 100 South Main Street from General Commercial (C2) to Specific Development No. 72 (Sd-72) (AA No. 2003-09) and adopting Specific Development No. 72 (SD-72) for said property MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Garcia Bist, Christy, Franklin, Gamia, Pulido, Solorio (6) None (0) None (0) Alvarez (1) Item 75.B. was left on the Desk and taken up later in the meeting. COUNCIL RECESSED TO THE JOINT SESSION BETVVEEN THE CITY COUNCIL AND THE SANTA ANA FINANCING AUTHORITY MEETING AT 7:24 P.M. 75.C. Motion: PUBLIC HEARINGS REFUNDING OF POLICE ADMINISTRATION AND HOLDING FACILITIES LEASE REVENUE BONDS, SERIES 1994A Councilmember Christy indicated a conflict of interest on Joint Item No. 75C due to her employment with Citibank (a subsidiary of Citigroup) and as a registered representative of Citicorp Investments Services, and left the meeting for this item only Legal notice published in the Oranqe County Re.qister January 9, 2004 Presentation of staff report by Rod Coloma, Executive Director, Finance and Management Services Written communications received by the Clerk of the Council: None No public speakers; public hearing closed. 1. Adopt a resolution. RESOLUTION NO. 2004-007 - A resolution of the City Council of the City of Santa Ana authorizing the execution and delivery by the City of CITY COUNCIL MINUTES 29 JANUARY 20, 2004 PUBLIC HEARINGS a first amendment to lease, a first supplemental indenture, a continuing disclosure certificate and a purchase contract in connection with the issuance of Santa Ana Financing Authority Police Administration and Holding Facility Lease Revenue Refunding Bonds, Series 2004A, approving the issuance of such bonds in an aggregate principal amount of not to exceed $42,000,000, authorizing the distribution of an official statement in connection with the offering and sale of such bonds and authorizing the execution of necessary documents and certificates and related actions Approve a financing team composed of underwriter Citigroup GlobalMarkets Inc., financial advisor Northcross, Hill & Ach, and bond counsel Orrick, Herrington & Sutcliffe LLP. MOTION: Gamia SECOND: Franklin VOTE: AYES: Bist, Franklin, Garcia, Pulido, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Christy (2) 75.D. Motion: REFUNDING OF WATER REVENUE BONDS, SERIES 1994 Legal notice published in the Oranqe County Re.qister January 9, 2004 Presentation of staff report by Rod Coloma, Executive Director, Finance and Management Services Written communications received by the Clerk of The Council: None No public speakers; public hearing closed. 1. Adopt a resolution. RESOLUTION NO. 2004-008 - Resolution of the City Council of the City of Santa Ana authorizing the execution and delivery by the city of a master installment purchase agreement, a first supplement to master installment purchase agreement, an escrow agreement, a continuing disclosure certificate and a purchase contract in connection with the issuance of Santa Aha Financing Authority Water Refunding Revenue Bonds, Series 2004 (payable solely from installment payments secured CITY COUNCIL MINUTES 30 JANUARY 20, 2004 PUBLIC HEARINGS by water system net revenues), approving the issuance of such bonds in an aggregate principal amount of not to exceed $22,000,000, authorizing the distribution of an official statement in connection with the offering and sale of such bonds and authorizing the execution of necessary documents and certificates and related actions 2. Approve a financing team composed of underwriter Kinsell, Newcomb & DeDios Inc., financial advisor Northcross, Hill & Ach, and bond counsel Orrick, Herrington & Sutcliffe LLP. MOTION: Garcia SECOND: Franklin VOTE: AYES: NOES: Bist, Christy, Franklin, Garcia, Pulido, Solorio (6) None (0) ABSTAIN: None (0) ABSENT: AIvarez (1) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:30 P.M. COUNCIL RECONVENED AT 7:32 P.M. WITH THE SAME MEMBERS PRESENT Mayor Pulido indicated a potential conflict of interest due to a business relationship with a board member of the Archangel Michael Coptic Orthodox Church and left the meeting at 7:32 P.M. 75.B. APPEAL NO. 2003-10 OF CONDITIONAL USE PERMIT NO. 2003-23; 4406 WEST EDINGER AVENUE Filed by various surrounding property owners to appeal the decision of the Planning Commission, which approved the expansion of the church parking lot and modified an existing condition of approval to allow two church services at one time by the Archangel Michael Coptic Orthodox Church located at 4405 West Edinger Avenue. Recommended action approved by the Planning Commission at its November 25, 2003 meeting by a vote of 4-3, (De La Torre, Leo and Lutz opposed) Legal Notice published in the Oranqe County Register on January 10, 2004 and notices mailed January 9, 2004 CITY COUNCIL MINUTES 31 JANUARY 20, 2004 PUBLIC HEARINGS Motion: Presentation of staff report by Steve Harding, Acting Executive Director, Planning and Building Agency Written Communications received by the Clerk of the Council: e-mails from Hilary Sallee and Dave Lopez in opposition to the proposed project: Letter from the Archangel Michael Coptic Orthodox Church in support of the proposed expansion Public Hearing: The following speakers spoke in support of the proposed expansion of the Archangel Michael church parking lot: Irv Pickler, representing the applicant; George Behnam; and Bassem Maurow The Following speakers spoke in opposition to the proposed expansion of the church parking lot and increase in Sunday services because of the potential negative impacts on the neighborhood: Susan Sallee; Andrea Ramirez; Thelma Parker; Joan Todisco; Debbie Larsen; Helen Leon; Vivian Stowers; Art Jimenez; Gloria Munion; Robert Henson, Sr.; Dave Lopez; Mark Timothy Rice; Art Barcelona; Lola Albers; Frank Rutherford; Hilary Sallee; Pat McGuigan; John Wesson; and Glen Stroud. Public hearing closed. Council discussion ensued. Councilmember Garcia moved that the item be continued two weeks and that the City Attorney be instructed to prepare the necessary documents to deny the applicant's request to expand the Church's parking lot and activities. Applicant: Archangel Michael Coptic Orthodox Church Continue item for two weeks and instruct the City Attorney to prepare the necessary Resolutions to deny the applicant's request to expand the church parking lot. MOTION: Garcia SECOND: Christy VOTE: AYES: Bist, Christy, Franklin, Garcia, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Pulido (2) CITY COUNCIL MINUTES 32 JANUARY 20, 2004 WORK STUDY SESSION WS.A. Proposed Non-profit Portola Development Housing Community Department Agency Item was continued to a future Work Study Session. Corporation 90.A. 90.B. COMMENTS PUBLIC COMMENTS John Wesson addressed the Council with concerns relative to the concentration of banners along Harbor Boulevard and asked the Council to assist him in efforts to clean up this area Pat McGuigan addressed the Council relative to concerns about the lack of staff supervision at the Skate Park; she noted that the participants are not paying attention to the notices relative to safety equipment. She further noted that many users of the park are scaling the locked fence to skate after hours. She also requested that all Council meetings be held in the Council Chambers; Ms. McGuigan also informed the Council of the passing of Doris La Magna. Joe Engler expressed concern about the proposed route of the centerline project along Bristol Street and asked the Council to consider a subway solution for the alignment in the City CITY COUNCIL COMMENTS Councilmember Christy · Noted that the program sponsored by the Second Baptist Church in honor of Martin Luther King and held on January 19, 2004 was very successful and extremely moving · Announced that the annual Multi Cultural Parade and Faire will be held in Santa Ana on February 7, 2004 · Noted that the situation at the Skate Park has gotten very serious and that she had recently noticed over 35 kids skating with no equipment and no park rangers Councilmember Solorio · Asked staff to look at rules and policies for enforcing the safety procedures at the Skate Park · Congratulated the Police Chief and the Department for the decrease in crime reported in 2003 CITY COUNCIL MINUTES 33 JANUARY 20, 2004 COMMENTS Mayor Pro Tem Franklin · Asked the Council to adjourn in memory of Doris La Magna ADJOURNMENT - 9:08 P.M. - To February 2, 2004, at 5:30 p.m. at City Hall, Room 831,20 Civic Center Plaza, Santa Aha, California Adjourned in memory of Doris C. La Magna Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 34 JANUARY 20, 2004