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Home My WebLink About2004-03-151] MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA CALL TO ORDER ATTENDANCE: PLEDGE OF ALLEGIANCE MARCH 15, 2004 CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:13 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, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council AE • G ' ork INVOCATION Warren Johnson, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmember Christy abstained on item 11.A. • Councilmember Christy requested that item 20.C. be pulled for separate discussion Councilmember Bist requested that item 22.C. be pulled for separate discussion • Councilmember Solorio requested that item 23.A. be pulled for separate discussion • Mayor Pro Tern Franklin requested that item 25.E. be pulled for separate discussion • Addition of Closed Session Report, Item 19.A. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) CITY COUNCIL MINUTES 59 MARCH 15, 2004 CONSENT CALENDAR NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or'modified are highlighted. Separate actions show the actual vote, items without votes atia adopted as part of the consent motion ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. and 10.13.) 10.A. ADJOURNED REGULAR MEETING OF FEBRUARY 2, 2004 AND CLOSED SESSION OF FEBRUARY 17, 2004 10.13. REGULAR MEETING OF FEBRUARY 2, 2004 AND SPECIAL MEETING OF FEBRUARY 17, 2004 ORDINANCES SECOND READING 11.A ORDINANCE — APPROVING AMENDMENT APPLICATION NO. 2003-08 REZONING THE PROPERTY LOCATED AT 3810 SOUTH BRISTOL STREET Placed on first reading at the February 2, 2004 Council Meeting and approved by a 6-0 vote (Christy -abstained) Published in the Orange County Register on February 20, 2004 Councilmember Christy abstained on this item. Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2643-An ordinance of the City Council of the City of Santa Ana rezoning the property located at 3810 South Bristol Street from commercial residential (CR) to general commercial (C2) (AA NO. 2003-08) 11.13. ORDINANCE ADOPTING AMENDMENT TO SECTION 1-18.4, SANTA ANA MUNICIPAL CODE — THE COMMUNITY DEVELOPMENT AGENCY AUTHORITY TO ISSUE PARKING CITATIONS Placed on first reading at the February 2, 2004 Council Meeting and approved by a 7-0 vote CITY COUNCIL MINUTES 60 MARCH 15, 2004 CONSENT CALENDAR • Published in the Orange County Register on February 20, 2004 Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2644 - An ordinance of the City Council of the City of Santa Ana amending section 1-18.4 of the Santa Ana Municipal Code relating to the Community Development Agency authority to issue parking citations 11.C. AMENDMENT APPLICATION NO. 2003-11 AND CONDITIONAL USE PERMIT NO. 2003-38; 3501 AND 3511 WEST SUNFLOWER AVENUE Placed on first reading at the February 2, 2004 Council Meeting and approved by a 7-0 vote Published in the Orange County Register on February 20, 2004. Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2645 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 3501 and 3511 West Sunflower Avenue from light industrial (M1) to specific development No. 74 (SD-74) AA No. 2003-11) and adopting specific development No. 74 (SD- 74) for said property 11.D. ZONING ORDINANCE AMENDMENT NO. 2004-03 TO RESCIND THE MISSION DEFINITION AND MISSION USE FROM THE M2 ZONE Placed on first reading at the February 17, 2004 Special Council Meeting and approved by a 5-0 vote (Christy and Garcia absent) Published in the Orange County Register on February 21, 2004. Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2646 — An ordinance of the City of Santa Ana repealing section 41-120.1 and subsection 41-489.5(i) of the Santa Ana Municipal Code relating to missions BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT AS OF MARCH 10, 2004 The Vacancy Report reflects only appointments made by the Council. iMotion: Instruct Clerk to enter report into the Minutes. CITY COUNCIL MINUTES 61 MARCH 15, 2004 CONSENT CALENDAR Board/Commission Vacancies Cable Television Advisory Board 1 Environmental Transportation Advisory Committee (ETAC) 1 Library Board Community Redevelopment / Housing Commission Youth Commission — Regular Youth Commission —Alternate TOTAL Board/Commission Board of Parks & Recreation TOTAL 13.B. APPOINTMENTS 2 2 2 9 Expired Term 2 2 Ward 6 NA 3and 4 Sr. Tenant 3and 4 4 and 5 Ward 2and 6 Motion: Re -appoint Jon Dietz, Michael Metzler, Dr. Rita Cepeda, Rebeca Zarate-Cervantes, Deborah Sanchez, Clarence "Buddy" Ray, and Peggy Crawford Dougherty to the Santa Ana Workforce Investment Board 13.C. COUNCIL COMMITTEE REPORTS Committee Name Date Main Street Development 11/19/03 Main Street Development 12/17/03 Main Street Development 01/21/04 Neighborhood Improvement/Code Enforcement 10/23/03 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.N.) Council Meetina Agendas Meeting Date Posted Time 15.A. City Council Agenda 02/02/04 01/29/04 8:20 a.m. 15.B. Revised City Council Agenda 02/02/04 01/30/04 5:55 p.m. 15.C. Adjourned Regular Meeting — Closed Session Agenda 02/02/04 01/30/04 5:21 p.m. 15.D. Cancellation Notice -Regular Meeting 02/17/04 02/13/04 4:10 p.m. CITY COUNCIL MINUTES 62 MARCH 15, 2004 CONSENT CALENDAR 15.E. City Council Agenda -Special Meeting -Revised 02/17/04 02/13/04 4:10 p.m. 15.F. Special Meeting -Closed Session Agenda 02/17/04 02/13/04 4:30 p.m. 15.G. Cancellation Notice — Regular Meeting 03/01/04 03/01/04 4:22 p.m. Council Committee Agendas Meeting Date Posted Time 15H. Public Safety -Cancellation Notice 01/20/04 01/16/04 3:30 p.m. 15.1. Main Street Development 01/21/04 01/16/04 3:30 p.m. 15.J. Cancellation Notice -Public Safety 02/17/04 02/12/04 3:20 p.m. 15.K. Main Street Development 02/18/04 02/12/04 3:20 p.m. 151. Neighborhood Improvement/Code Enforcement 02/24/04 02/19/04 10:45 a.m. 15.M. Education & Youth Programs 03/04/04 03/01/04 10:00 a.m. 15.N. Park Development/Joint Use Facilities 03/09/04 03/05/04 4:30 p.m. Boards/Commission Resignation Effective Posted Time 15.0. Armin Zehtabchi, Workforce Investment Board 10/15/03 03/08/04 2:30 p.m. Motion: Declare and instruct Clerk to enter proclamations/certificates into the • Minutes. Honoree Date 16.A. John Raitt 87 n Birthday 01/29/04 16.B. Arbor Day 2004 01/30/04 16.C. Latino Psychological & Social Services 02/04/04 16.D. Multicultural Parade — Sponsors 02/07/04 16.E. Pamela Gallegos Retirement 02/15/04 16.F. Beatriz A. Hernandez — Lions Teen Recognition Program 02/22/04 16.G. Orange County African American Citizens of Distinction Award 02/28/04 16.H. Deacon Willie Clyde Davenport 02/29/04 16.1. Johnson Chapel African Methodist Episcopal 71 st Anniversary and Reverend Bart 02/29/04 16.J. Santiago Little League Ten Year Anniversary 03/05/04 16.K. Frank Barbaro- Orange County American Italian Renaissance Foundation Heritage Award Celebration 03/07/04 161. Bruno Serato- Orange County American Italian Renaissance Foundation Heritage Award Celebration 03/07/04 FINAL MAP NOTIFICATIONS . 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. CITY COUNCIL MINUTES 63 MARCH 15, 2004 CONSENT CALENDAR The City Engineer shall approve or disapprove this map within 10 days of this City Council meeting. 17.A. FINAL TRACT MAP NO. 2002-139 — 1601 EAST SAINT ANDREW PLACE Motion: Receive and file. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Wayne Bowman, WCAB Case # 89ANA219525, etc., DOI 11/21/2002, 6/3/2002, 6/17/98 & 1/6/88 compromise and release in the amount of $53,960 Shahir Gobran vs the City of Santa Ana. Case numbers LBO 0329495; 0337567; 0341625 stipulated disability rating in the amount of $86,402.50 2. . LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Claimant: Luong, Kathleen, Claim No. 2003-195, $15,000 3. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 RESOLUTION NO. 2004-023 — A Resolution of the City Council of the City of Santa Ana to amend Resolution No. 99-078 providing for compensation for the Clerk of the Council BUDGETARY MATTERS 19.6. PAYMENT AUTHORIZATION FOR CROSSROADS SOFTWARE Motion: Authorize payment to Crossroads Software for the purchase of computer programming and software components for the Police Department Traffic Division in an amount of $39,500 — Police Department 19.C. EMPLOYEE FAITHFUL PERFORMANCE INSURANCE RENEWAL CITY COUNCIL MINUTES 64 MARCH 15, 2004 CONSENT CALENDAR Motion: Purchase employee faithful performance insurance through the California Public Entity Insurance Authority at a premium cost of $19,247.00 from April 1, 2004 to June 30, 2006 — Personnel Services APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING FEDERAL TELECOMMUNICATIONS E-RATE FUNDS Motion: 1. Authorize the acceptance of Federal Telecommunications Act of 1996 E-Rate funds for Santa Ana Public Library technological development. 2. Approve appropriation adjustment. (Requires five affirmative votes.) Approve an Appropriation Adjustment No. 04-107 - Recognizing $7,040 in cash reimbursement in the Library revenue account and appropriate the funds to the expenditure accounts for data and telecommunications equipment 20.13. APPROPRIATION ADJUSTMENT FEMA ASSISTANCE TO FIREFIGHTER GRANT PROGRAM Motion: Approve appropriation adjustment. (Requires five affirmative votes.) Approve an Appropriation Adjustment No. 04-115 - Accepting $113,300 from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant, and transferring $48,557 from Fire Department as the City's matching requirement, and appropriating the $161,857 to the FEMA Grant account for the acquisition of Vehicle Exhaust Removal Systems. ALL4CAT{QN Qi" FISCAL,YEAft 2Q04=2005WERGENCY SHELTER Recommended action approved by the Community Redevelopment and Housing Commission on March 2, 2004 by a 6-0 vote (Rodriguez absent) Motion: 1. Allocate $312,279 in FY 2003-2004 Emergency Shelter Grant funds as recommended, with the following exceptions: Reduce the allocation for Anaheim Interfaith Halcyon from $9,000 to $4,000, Casa Teresa from $9,665 to $4,665, Saint Vincent De Paul from $20,000 to $16,000, Women's Transitional Living Center from $30,000 to $24,000; Increase the allocation for Southwest Minority • Economic Development Association from $22,000 to $28,000 and Wise Place from $47,000 to $61,000. CITY COUNCIL MINUTES 65 MARCH 15, 2004 CONSENT CALENDAR 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non- profit agencies awarded funds. AGMT NOS. 2004-036, 037, 038, 039, 040, 041, 042, 043, 044, 045, 046, 047 - Execute agreements with the following non-profit agencies awarded funds: Anaheim Interfaith Halcyon Casa Teresa Human Options Interval House Legal Aid Society of Orange County Mercy House Center Mercy House Joseph and Regina Houses Orange County Mental Health Association Saint Vincent De Paul Southwest Minority Economic Development Association WISE Place Women's Transitional Living Center MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 20.D. APPROPRIATION ADJUSTMENT AMENDING THE OFFICE OF TRAFFIC SAFETY GRANT Motion: 1. Adopt a resolution. RESOLUTION NO. 2004-022 - A resolution of the City Council of the City of Santa Ana to execute an amended grant award agreement (AGMT NO. 2004-048) with the California Office of Traffic Safety. 2. Approve appropriation adjustment. (Requires five affirmative votes.) Approve an Appropriation Adjustment No. 04-126 — Accepting the California Office of Traffic Safety (OTS); California Seat Belt Compliance Campaign Grant in the amount of $95,392 into the OTS California Seat Belt Compliance Campaign Program revenue account CITY COUNCIL MINUTES 66 MARCH 15, 2004 CONSENT CALENDAR and appropriating the same into the Police Department's OTS California Seat Belt Compliance Campaign Program expenditure account. GRANTS/APPLICATIONS 21.A. ACCEPTANCE OF POLICE/FIRE PROTECTIVE EQUIPMENT FROM U.S. DEPARTMENT OF HOMELAND SECURITY Motion: Authorize the Police and Fire Departments to accept personal protective equipment purchased by the Orange County Operational Area under the 2003 U.S. Department of Homeland Security Defense grants. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Requests for Council Action. (Items 22.A. through 22.T.) 22.A. SPEC. NO. 97-015 - BLOOD AND BREATH TECHNICIAN SERVICES — POLICE DEPARTMENT - Renew the contract with California Forensic Phlebotomy, Inc. for a one-year period in an annual amount not to exceed $85,000 - Finance & Management Services Agency 22.B. SPEC. NO. 00-102 WINDOW CLEANING OF VARIOUS CITY BUILDINGS - Renew the contract with Bielski Window and Masonry for a one-year period in an annual amount not to exceed $16,535 — Finance & Management Services Agency SPFtC' NO .03 q1 ,'_scREEN ,PRIN�EO CLOTHING Renew the contracts for ia'?orle-ye'a'r period' in a• total annual amount not to exceed $76;600 with: McVicker & Associates Pacifica T-Shirts Scott's Screenprinting Councilmember Bist asked that the contracts be approved as recommended but that the matter also be referred to the City Council Budget Committee for further review Motion: Award in accordance with Request for Council Action. MOTION: Bist SECOND: Alvarez CITY COUNCIL MINUTES 67 MARCH 15, 2004 CONSENT CALENDAR VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 22.D. SPEC. NO. 03-091 - COLD WATER METERS - PUBLIC WORKS AGENCY - Award contracts for a two-year period with provision for three one-year renewals in the annual amounts as follows: Bidder: Amount: Marden Susco $129,586 Badger Meter, Inc. $ 78,981 Inland Water Works Supply Co. $ 10,270 22.E. SPEC. NO. 04-001 - WASHERS AND DRYERS - FIRE DEPARTMENT - Award a contract to Coast Appliance Parts, a Santa Ana vendor in the amount of $7,977.81 — Finance & Management Services Agency 22.F. SPEC. NO. 04-012 - FIRE ALARM TESTING AND MAINTENANCE - Award a contract to Firemaster in an amount not to exceed $10,000 - Finance & Management Services Agency 22.G. SPEC. NO. 00-173 - ARTS AND CRAFT SUPPLIES - PARKS, RECREATION AND COMMUNITY SERVICES AGENCY - Renew the contract with Pearl Art & Craft Supplies Inc. for a one-year period in an annual amount not to exceed $30,000 - Finance & Management Services Agency 22.H. SPEC. NO. 01-016 - ASPHALT CONCRETE MATERIALS - PUBLIC WORKS AGENCY - Renew the contract with Vulcan Materials Co. for a one-year period in an annual amount not to exceed $600,000 - Finance & Management Services Agency 22.1. SPEC. NO. 03-103 - BIRD CONTROL DEVICES - PUBLIC WORKS AGENCY - Award a contract to Bird Busters in an amount not to exceed $13,514 - Finance & Management Services Agency 22.J. SPEC. NO. 04-004 - GRAFFITI TRUCK CONVERSION - Award a contract to Sande Equipment Co., Inc. in the amount of $12,356.77 - Finance & Management Services Agency 22.K. SPEC. NO. 04-005 - 24-HOUR EMERGENCY ROAD SERVICE — CITY COUNCIL MINUTES 68 MARCH 15, 2004 CONSENT CALENDAR 1. Amend the current contract with Pete's Road Service, Inc. by adding an amount not to exceed $3,000 2. Award contract for 24-hour emergency road service for a one- year period, with provision for two one-year renewals, in the following annual amounts not to exceed: Vendor: Location: Amount: Parkhouse Tire, Inc. Santa Ana $10,000 Pete's Road Service, Inc. Santa Ana $20,000 Tarulli Tire, Inc. Santa Ana $10,000 221. SPEC. NO. 04-011 — FIRE DEPARTMENT - EMS STAIR CHAIR PATIENT TRANSPORT EQUIPMENT - Award a contract to Stryker Medical Corporation (EMS Equipment) in the amount of $12,200.75 - Finance & Management Services Agency 22.M. SPEC. NO. 04-016 - FLOOR COVERING — POLICE DEPARTMENT - Award a contract to Commercial Interior Resources in an amount not to exceed $21,000 - Finance & Management Services Agency 22.N. SPEC. NO. 00-151 - POLICE UNIFORMS — POLICE DEPARTMENT - Renew the contract with Uniform Center for a one-year period in an annual amount not to exceed $178,963.01 - Finance & Management Services Agency 22.0. SPEC. NO. 02-012 - PLUMBING SERVICES - Amend the contract with Orange Coast Plumbing, Inc. in the amount of $20,000 for an annual amount not to exceed $70,000 - Finance & Management Services Agency 22.P. SPEC. NO. 03-003 - FIREFIGHTER PROTECTIVE TURNOUT CLOTHING - FIRE DEPARTMENT - Amend the contract with L.N. Curtis & Sons for firefighter protective clothing based on the City of Carlsbad's contract with L.N. Curtis & Sons, in an amount not to exceed $40,000, and an additional $10,000 on the annual blanket contract for Fire safety and rescue equipment - Finance & Management Services Agency 22.Q. SPEC. NO. 03-015 - MISCELLANEOUS POLICE SUPPLIES - POLICE DEPARTMENT - Renew the contract with Adamson Industries in an annual amount not to exceed $15,000 - Finance & Management Services Agency 22.R. SPEC. NO. 04-014 — NET IQ SOFTWARE AND MAINTENANCE - Award a contract to En Pointe Technologies Sales, Inc. in the amount of . $121,673.20 - Finance & Management Services Agency CITY COUNCIL MINUTES 69 MARCH 15, 2004 CONSENT CALENDAR 22.S. SPEC. NO. 04-015 - PUMP STATION EQUIPMENT - PUBLIC WORKS AGENCY - Award a contract to McJunkin Corporation in the amount of $13,174.54 - Finance & Management Services Agency 22.T. SPEC. NO. 04-019 - 1-TON DUALLY TRUCK — POLICE DEPARTMENT - Award a contract to Burch Ford in the amount of $22,101 - Finance & Management Services Agency PROJECTS Motion: 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for an estimated amount of $483,934.25 for construction of Euclid Street Rehabilitation from the south City limits to McFadden Avenue 2. Approve a Funding Analysis with a total estimated construction cost of $606,700 — Public Works Agency MOTION: Solorio SECOND: Christy VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 23.13. CONTRACT AMENDMENT FOR WINDSOR VILLAGE NEIGHBORHOOD IMPROVEMENTS (PROJECT 1910) Motion: Amend the contract with Elite Bobcat Service, Inc. for the Windsor Village Neighborhood Improvements Project to increase the amount by $10,000 for a total estimated amount of $179,047 23.0 CONTRACT AWARD FOR SANTIAGO PARK WILDLIFE VIEWING FACILITY PROJECT (PROJECT 6370) 1. Relieve MJ Contractor of their bid in an amount of $203,410 CITY COUNCIL MINUTES 70 MARCH 15, 2004 0 CONSENT CALENDAR 2. Award a contract to Hondo Company Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $284,426 3. Approve a Funding Analysis with a total estimated construction cost of $355,500 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.J.) 25.A. AGMT NO. 2004-026 — COMPUTERIZED CASHIERING SYSTEM AND HARDWARE MAINTENANCE — Execute an amendment to the agreement with System Innovators Incorporated extending the agreement for one year in an amount not to exceed $23,000 — Finance & Management Services Agency 25.6. AGMT NO. 2004-027 — POLICE JAIL SECURITY SYSTEM — Renew an agreement with MASK Systems, in the amount not to exceed $386,980 — Police Department 25.C. AGMT NO. 2004-028 — LEGAL PUBLICATIONS AND ON-LINE SERVICES — With West Group, Inc. not to exceed $60,000 — City Attorneys Office and Police Department 25.D. AGMT NO. 2004-029 — FIRE STATION ALERTING SYSTEMS AND 911 TELEPHONES — With Teleque on Fire in an amount not to exceed $166,000 — Fire Department IOil aI AGMT. GOVERNMENT LIAISON SERVICE .- With 'U.S..: Advocacy GroupIn an amount/'nbt to exceed $§OtdQO Public Works Agency;. City Manager's,:Office anc -06M riun ty Development Agency Motion: Continue item until April 5, 2004. MOTION: Franklin SECOND: Christy VOTE: AYES: Bist, Christy, Franklin, Garcia, Pulido, Solorio (6) NOES: Alvarez (1) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 71 MARCH 15, 2004 CONSENT CALENDAR 25.F. AGMT — ENVIRONMENTAL REVIEW AND AMENDMENT FOR SANTA ANA WELL PROJECTS — Public Works Agency Motion: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program Environmental Report No. 2004-23 for a proposed water well at Santa Ana Stadium 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to agreement AGMT NO. 2004-030 — CONSTRUCTION AND OPERATION OF WATER WELL AT SANTA ANA STADIUM - With the Metropolitan Water District, Municipal Water District of Orange County and Orange County Water District 25.G. AGMT NO. 2004-031 - LEGAL SERVICES - With Daley and Heft, LLP for specialized legal services for the City of Santa Ana - City Attorney's Office 25.H. AGMT NO. 2004-032 — GIS PROGRAMMING AND CONSULTING SERVICES — Execute a two year agreement with Redlands Software Inc. for an amount not to exceed $120,000 — Public Works Agency 25.1. AGMT NO. 2004-033 — GIS SUPPORT SERVICES — Execute an amendment to the agreement with Jonathan Orndorff extending the term of the agreement by two years in an amount not to exceed $104,000 — Public Works Agency 25.J. AGMT NO. 2004-034 - BUILDING INSPECTION SERVICES - Execute an amendment to the agreement with Vandorpe Chou Associates, Inc. in an amount not to exceed $75,000 — Planning & Building Agency LAND USE MATTERS CONDITIONAL USE PERMITS / VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2004-02, VARIANCE NO. 2004-01 AND NEIGHBORHOOD PROJECT REVIEW NO. 2004-01 — 818 NORTH GARFIELD STREET Filed by Mercy House to allow a care facility at 818 North Garfield Street in the Specific Development 19 zoning district (French Park) CITY COUNCIL MINUTES 72 MARCH 15, 2004 CONSENT CALENDAR Recommended action approved by the Planning Commission at its February 23, 2004 meeting by a vote of 5-1 (Sinclair opposed, De La Torre absent) Motion: Receive and file the staff report approving Conditional Use Permit 2004-02 as conditioned, Variance No. 2004-01 as conditioned and Neighborhood Project Review No. 2004-01. TENTATIVE PARCEL/TRACT MAPS 32.A. TENTATIVE PARCEL MAP NO. 2003-07 (COUNTY MAP NO. 2002-248) TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS — 325 WEST PINE STREET Filed by the Community Redevelopment Agency of the City of Santa Ana to subdivide a parcel into two lots at 325 West Pine Street in the Specific Development 40 zone (Heninger Park) Zoning Administrator Action — Adopted a resolution approving Tentative Parcel Map No. 2003-07 (COUNTY MAP NO. 2002-248) as conditioned • at its January 21, 2004 meeting. Motion: Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2003-07 (County Map No. 2002-248) as conditioned. r1 LA APPLICANT: The City of Santa Ana Housing Division, on behalf of the Community Redevelopment Agency 32.B. TENTATIVE PARCEL MAP NO. 2004-01 (ORANGE COUNTY TENATIVE PARCEL MAP NO. 2003-188) TO SUBDIVIDE A PROPERTY INTO TWO PARCELS — 122 AND 124 EAST DYER ROAD Filed by Rhoads Martin, Martin Companies, to subdivide a property into two parcels at 122 and 124 East Dyer Road On February 25, 2004, Zoning Administrator held a public hearing and approved the Tentative map as conditioned. Motion: Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2004-01 (County Map No. 2003-188) APPLICANT: Martin Companies END OF CONSENT CALENDAR CITY COUNCIL MINUTES 73 MARCH 15, 2004 BUSINESS CALENDAR ORDINANCES 50.A. PROPOSED AMENDMENTS TO EXECUTIVE MANAGEMENT CLASSIFICATIONS TO ADD, DELETE AND MODIFY SELECTED JOB TITLES Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2647 — An ordinance of the City Council of the City Of Santa Ana amending Sections 2-300 And 2-300.5 of the Santa Ana Municipal Code establishing the title of Executive Director of Planning and Building and making other technical modifications to the titles of officers and department heads of the City. 2. Adopt resolution. RESOLUTION NO. 2004-014 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 91-066 to effect certain changes to the City's basic classification and compensation plan for executive and middle management, and to amend the annual budget to reallocate one position. MOTION: Christy SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 50.6. ORDINANCE AMENDING ARTICLE V OF CHAPTER 35 OF THE SANTA ANA MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2648 - An ordinance of the City Council of the City of Santa Ana amending Article V of Chapter 35 to the Santa Ana Municipal Code changing the title from transient occupancy tax to hotel visitor tax. MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) CITY COUNCIL MINUTES 74 MARCH 15, 2004 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS BUSINESS CALENDAR 55.A. RESOLUTION FOR SAFE ROUTES TO SCHOOL GRANT APPLICATIONS Motion: Adopt resolution. RESOLUTION NO. 2004-015 — A resolution of the City Council of the City of Santa Ana supporting state funding of eight projects and authorizing the executive director of the Public Works Agency to submit the projects for funding under the State's Safe Routes to School Program MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 553. RESOLUTION AUTHORIZING PARTICIPATION IN THE CLEAN CITIES PROGRAM Naveen Berry, representing the South Coast Air Quality Management District spoke in support of this item. Motion: Adopt resolution. RESOLUTION NO. 2004-016 - A resolution of the City Council of the City of Santa Ana approving the participation in the South Coast Air Quality Management District's grant application for the Department of Energy's Clean Cities Program. MOTION: Alvarez SECOND: Franklin VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) CITY COUNCIL MINUTES 75 MARCH 15, 2004 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS BUSINESS CALENDAR 65.A. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) TWO YEARS SERVICE CREDIT Motion: Receive and file: As provided for under the California Government Code Section 20903 and Section 7507, the City of Santa Ana intends to offer approximately 22 employees in the following classifications a two-year "Golden Handshake" retirement credit as part of the budget reduction process for fiscal year 2004-2005: Classifications Recreation Supervisor Stenographic Clerk Assistant Library Director Library Assistant Community Preservation Inspector Senior Building Inspector Building Maintenance Technician Custodian Payroll Assistant Senior Office Assistant Secretary Senior Personnel Analyst Employment Services Fiscal Specialist Workforce Specialist III MOTION: Alvarez SECOND: Christy VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 76 MARCH 15, 2004 Cl PUBLIC HEARINGS 75.A. AMENDMENT TO THE 2003-2004 CONSOLIDATED PLAN ANNUAL ACTION PLAN AND REALLOCATION OF 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Legal Notice published in the Orange County Register on January 15, 2004. Staff presentation by John Reekstin, Executive Director, Community Development Agency Written communication - none Public Hearing: Bob Burnham thanked the Council for its support for the drug court program; public hearing closed. Motion: 1. Approve an amendment to the Consolidated Plan Annual Action plan for fiscal year 2003-2004 2. Authorize the City Manager to submit the amended 2003-2004 Action Plan to the United States Department of Housing & Urban Development 3. AGMT NO. 2004-035 — Authorize the City Manager to execute the subrecipient agreement with the National Council on Alcoholism and Drug Dependence of Orange County in an amount not to exceed $11,843.75 MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE JOINT SESSION BETWEEN THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AT 6:24 P.M. • MISCELLANEOUS ADMINISTRATION 19.D. ACQUISITION OF LEASEHOLD & BUSINESS INTERESTS AND LICENSE AGREEMENTS WITH VINCI INVESTMENTS, INC. FOR CITY COUNCIL MINUTES 77 MARCH 15, 2004 CERTAIN PROPERTY LOCATED AT 2051-2101 EAST EDINGER AVENUE Councilmember Christy declared a conflict of interest on this item due to her employment with Citibank (subsidiary of Citigroup) and as a registered representative of Citicorp Investments Services, and left the meeting for this item only Motion: Approve and adopt the Negative Declaration, Environmental Review No. 2003-149. MOTION: Garcia VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Alvarez Alvarez, Bist, Franklin, Garcia, Pulido, Solorio (6) None (0) None (0) Christy (1) 55.C. RESOLUTIONS APPROVING THE PRELIMINARY REPORT AND RECEIVE AND FILE THE PROPOSED PLAN AMENDMENTS FOR THE MERGER OF THE SANTA ANA REDEVELOPMENT PROJECT AREAS Motion: Adopt resolution. RESOLUTION NO. 2004-017 - A resolution of the City Council of the City of Santa Ana finding and determining that a project area committee need not be formed in relation to the proposed redevelopment plan amendments to merge the existing Santa Ana Redevelopment Project areas MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 78 MARCH 15, 2004 JOINT SESSION BETWEEN THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY 55.D. SALE OF CITY OWNED PROPERTY LOCATED AT 435 — 437 BIRCH STREET Motion: Adopt a resolution RESOLUTION NO. 2004-018 - Resolution of the City Council of the City of Santa Ana approving the sale of city -owned property located at 435-437 S. Birch street to the Community Redevelopment Agency of the City of Santa Ana and authorizing the City Manager to execute documents as necessary. MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) • COUNCIL RECESSED TO THE JOINT SESSION BETWEEN THE CITY COUNCIL, THE HOUSING AUTHORITY AND THE COMMUNITY REDEVELOPMENT AGENCY AT 6:25 P.M. PUBLIC HEARING 75.C. PUBLIC HEARING - SALE OF AGENCY -OWNED PROPERTY LOCATED AT 807 E. SANTA ANA BOULEVARD Legal Notice published in the Orange County Reporter on March 5, 2004 and March 10, 2004 Staff presentation by John Reekstin, Executive Director, Community Development Agency Written communication: None No public speakers; public hearing closed. Motion: Adopt resolution. • RESOLUTION NO. 2004-019 - A resolution of the City Council of Santa Ana making certain findings with respect to the consideration to be received by the Community Redevelopment Agency of the City of Santa CITY COUNCIL MINUTES 79 MARCH 15, 2004 JOINT SESSION BETWEEN THE CITY COUNCIL THE HOUSING AUTHORITY AND THE COMMUNITY REDEVELOPMENT AGENCY Ana pursuant to a purchase and sale agreement between the Community Redevelopment Agency of the City of Santa Ana and the Santa Ana MOTION: Alvarez SECOND: Christy 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 6:28 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING COUNCIL RECONVENED AT 6:32 P.M. WITH ALL MEMBERS PRESENT Mayor Pulido declared a potential conflict of interest on Item 75B because a former business partner is a tenant in the proposed project site; Mayor Pro Tern 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 Tem Franklin left the meeting at 6:32 p.m. Councilmember Bist assumed the Chair. Councilmember Alvarez noted that both she and Mayor Pro Tern Franklin had asked the City Attorney about four months ago if they could receive contributions for their different political campaigns and asked for a legal opinion from the City Attorney. The City Attorney reported that he had advised both candidates that the City's local campaign regulations on both contribution limits and participation in terms of votes affecting a contributor do not apply to non city campaigns and gave his advise is writing. He further noted that, in his opinion, there would be no conflict in the Councilmember's participating in this matter. 75.B. ENVIRONMENTAL IMPACT REPORT NO. 1999-01, AMENDMENT APPLICATION NO. 2004-01, GENERAL PLAN AMENDMENT NO. 2004- 01 AND ZONING ORDINANCE AMENDMENT NO. 2004-02 - ONE BROADWAY PLAZA OFFICE TOWER Filed by Caribou Industries (Michael Harrah) to certify the Environmental Impact Report, to create a new zoning district, to amend the Land Use, Circulation Elements and Urban Design Element of the General Plan and to amend various provisions of the Midtown Specific Plan for the One Broadway Plaza office tower at 1109 North Broadway. Legal Notice published in the Orange County Register on March 5, 2004 and notices mailed. CITY COUNCIL MINUTES 80 MARCH 15, 2004 JOINT SESSION BETWEEN THE CITY COUNCIL, THE HOUSING AUTHORITY AND THE COMMUNITY REDEVELOPMENT AGENCY Recommended action approved by the Planning Commission at its February 23, 2004 meeting by a vote of 6-1 (Sinclair opposed) Written communications: The Clerk announced that in addition to the correspondence received and included in the agenda packets, she has received communications opposed to the project from: Greg Rankin, President, Orange County Historical Society, Jo Ann Ramirez, Roberta Reed, and Jerry Holdner. Additionally, during the day twenty eight phone calls had been received (26 in opposition; 2 in support) Public Hearing: The following speakers spoke in support of the proposed project: Cynthia Criollos, Ray Burruel, Nick Partida, Ralph Opacic representing Orange County High School of the Arts, Richard Samaniego, Laurie Hampton, Russ Nicholson, Bob Modica, Jim Adams, Mando Esparza, James Henry, Michael Weisman, Patricia Bustamante, Alfonso Bustamante, Joe Solis, Glen Nolte, Piedmont Brown, Francisco Magaha, Arturo Lomeli, Mickey Totten, David Biondolillo, John Salazar, Leonard Gillis, Damon Gonzales, Robert Martinez, John White, Federico Sayre, Pete Major, William Beaubeaux, Ramon Trillo, Robin Cook, Robert Escalante, James Kendrick, Rueben Martinez, Gil Marrero, Tim Hawthorne, Michael Seeley, Jason Kordas and Brian Bist. The project's • developer, Michael Harrah, addressed the Council and emphasized the importance of locating his project in the Civic Center area, which is the core and heart of the City. He noted that any City is judged by the success of its core, and that the proposed One Broadway Plaza project will bring attorneys and other professionals back to the downtown area. The following speakers spoke in opposition to the proposed project: Catherine Cate, Connie Major, Larry Haynes, Paul Giles, Steve McGuigan, Cassandra and Cjersti Jensen, Donna Jensen, Jim Walker, Ginelle Hardy, Debbie McEwen, Jeff Dickman, Vicky Yamamoto, Kim Payne, Claudio Gallegos, Ben Grabiel, Mary M. Guzman, Jim Lynn, James Pantone, Irene Chinn, Sandra Hernandez, Rob Richardson, Nathan Reed, Philip Chinn, Louise Pass, Jo Ann Ramirez, Barry Jensen and Roberta Reed. Some of the concerns expressed included: removal of existing historic buildings, the potential impact on other office space in the city, and traffic and land use concerns Public hearing closed The Council recessed at 9:22 P.M. and reconvened at 9:40 P.M. with the same members present. Council discussion ensued. Councilmember Garcia noted that many issues still needed to be addressed and resolved . and suggested that the City enter into a development agreement with Mr. Harrah to resolve issues related to the quality of construction materials and impacts on traffic and adjacent historic neighborhoods. He further noted that there needed to be assurances related to occupancy when the CITY COUNCIL MINUTES 81 MARCH 15, 2004 JOINT SESSION BETWEEN THE CITY COUNCIL, THE HOUSING AUTHORITY AND THE COMMUNITY REDEVELOPMENT AGENCY building is completed. Councilmember Solorio moved, seconded by Councilmember Garcia, that an Ad Hoc Committee be formed to negotiate a development agreement with the developer and bring recommendations back to the Council in sixty days. Councilmember Christy said that she would not support the project and did not believe that attorneys and other professionals would lease the office space. Council debate continued. Motion: Continue the matter to May 17, 2004, and in the interim, create a Council Ad Hoc Committee, comprised of Councilmembers Garcia and Solorio, to work with the developer and staff to negotiate a development agreement and return recommendations to the Planning Commission and the City Council M., MOTION: Solorio VOTE: AYES NOES: ABSTAIN: ABSENT: PUBLIC COMMENTS SECOND: Garcia Alvarez, Bist, Garcia, Solorio (4) Christy (1) None (0) Franklin, Pulido (2) COMMENTS Ricci Zukerman addressed the Council with concerns related to the placement of the bus stop near the Otis Building downtown Ben Grabiel, Paul Giles, Katherine Cate, Philip Chinn, Jo Ann Ramirez, Roberta Reed, Barry Jensen, and Ginelle Hardy spoke of additional concerns related to the One Broadway Plaza development. Steve McGuigan expressed con Godinez High School at Centennial all the conditions imposed by the met by the school district CITY COUNCIL COMMENTS cern that the groundbreaking of Hector Park has been scheduled even though City to build the school have not been Councilmember Solorio Asked the City Manager to give an update on the bus stop location at the Otis Building on 4 and Broadway; the City Manager reported that the bus stop was relocated from the front of the building to the front of CITY COUNCIL MINUTES 82 MARCH 15, 2004 COMMENTS • the adjacent parking garage but that the owner was still not happy with the location • Noted that it is extremely vital that there be an over -crossing over the 55 freeway on Alton Street and asked staff to prepare a timetable for the project and to be aggressive in assuring that this project is completed • Announced that there would be an opening of a new Starbucks at 17t' and Tustin on March 19, 2004 • Announced that the groundbreaking of Hector Godinez High School at Centennial Park would be held on March 18, 2004 • Announced that there were a number of little league open houses occurring in the City and noted that the Santiago Little League was a very positive story and has recently obtained over $30,000 in donations for equipment Councilmember Christy • Updated the Council on her recent trip to Washington D.0 with the National League of Cities; she noted that the League is fighting for stronger cities; she reviewed many of Santa Ana's top priority issues including the Empowerment Zone funding, East-West Reservoir, Santa Ana Youth Center, Bristol Street Corridor; she also brought back information related to Homeland Security Councilmember Alvarez • Thanked the speakers who presented the power point presentation related to the One Broadway Plaza project • Asked the City Manager to give a status report on the potential move of the Court of Appeals; the City Manager noted that the Court was looking at several sites including the site at Santa Ana Boulevard and Ross Street; he noted that an Ad Hoc Committee is working with the real estate team for the Appeals Court on site selection; she encourage residents to call members of the Ad Hoc Committee in support of a Santa Ana site. • Noted that the Northwest Little League and the affected Neighborhood Association have an issue related to parking and asked the City Manager to arrange a meeting with the parties involved to assist in resolving this issue • Announced that the Mother's Day's Mariachi Festival would be held on May 8, 2004 • Thanked the Santa Ana Unified Teachers for compromising in order to come to an agreement and reduce salaries to avoid layoffs of teachers Councilmember Bist • Thanked all the residents who came to the meeting to speak on the • One Broadway Plaza project for taking the time to address Council Asked the Executive Director, Parks, Recreation and Community Services Agency to give a status report on events normally held in CITY COUNCIL MINUTES 83 MARCH 15, 2004 COMMENTS Centennial Park; Mr. Ribble explained that due to the construction of the new high school the Cinco de Mayo event done by private promoters and the City sponsored 4t' of July event will not be held in the Park ADJOURNMENT — 11:08 p.m. — To April 5, 2004 at 5:30 p.m., City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 84 MARCH 15, 2004