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Home My WebLink About2004-06-07 . MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA JUNE 7, 2004 CALL TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:13 P.M. ATTENDANCE: Councilmembers present: MIGUEL PULIDO, Mayor BRETT E. FRANKLIN, Mayor Pro Tern 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 . INVOCATION Warren Johnson, Police Chaplain EMPLOYEE SERVICE AWARDS 20 Years of Service Michael Fuller, Police Corporal Ronald Moreno, Police Corporal SPECIAL PRESENTATION Historic Preservation Project Awards Program - Presented by Paul Giles, Chair, Historic Resources Commission PRESENTATIONS Proclamation presented by MAYOR PULIDO to Orange County Children and Family Services in recognition of Foster Care Month Proclamation presented by Mayor Pro Tern Franklin to Taco Adobe Mex-Southwestern Grill restaurant in honor of their second year anniversary . Certificate of Recognition presented by Mayor Pro Tem Franklin to Samantha Luna of Grant Elementary School for her winning poster in this year's "Water is Life" Poster Contest sponsored by the Municipal Water District of Orange County CITY COUNCIL MINUTES 164 JUNE 7, 2004 PRESENTATIONS Certificates of Recognition presented by COUNCILMEMBER ALVAREZ to the sponsors of the Mother's Day Celebration Mariachi Festival Certificates of Recognition presented by COUNCILMEMBER CHRISTY to the Valley High School Tennis Team in recognition of their outstanding efforts this season Certificate of Recognition presented by COUNCILMEMBER CHRISTY to Scott Perez for being the Junior Achievement Small Business Poster contest winner. Proclamation presented by COUNCILMEMBER SOLORIO to the Community Action Partnership of Orange County on their 40th Anniversary and in acknowledging Mayas Community Action Month. CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Addition of Closed Session Report, Item 19.A. . Councilmember Christy abstained on items 25.E. and 31.B due to her employment. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) None (0) ABSTAIN: ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. through 10.C.) 10.A. ADJOURNED REGULAR MEETING OF MAY 17, 2004 REGULAR MEETING OF MAY 17, 2004 10.B. 10.C. SPECIAL MEETING OF MAY 11,2004 CITY COUNCIL MINUTES 165 JUNE 7, 2004 . . . CONSENT CALENDAR BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - MAY 28, 2004 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Vacancies Ward Cable Television Advisory Board 1 Environmental Transportation Advisory Committee (ETAC) 1 2 6 NA 3&4 Library Board Community Redevelopment / Housing Commission Youth Commission - Regular Youth Commission - Alternate TOTAL 1 2 ~ 10 Sr. Ten¡:¡nt 3 &4 4,5 &6 Board/Commission Board of Parks & Recreation TOTAL Expired Term .l 2 Ward 2&6 13.B. APPOINTMENTS Motion: Appoint Glen J. Wagstaff to the Youth Commission, recommended by Councilmember Alvarez, as the Ward 5 Alternate representative for a full-term. (replacing Joseph Yañez) 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. through 15.B.) (Items 15.A. 15.A. 15.8. Council Meetina Aaendas City Council Agenda Adj. Regular Meeting Agenda pm Posted Time 05/13/04 3:00 pm 05/14/04 4:55 Meetina Date 05/17/04 05/17/04 CITY COUNCIL MINUTES 166 JUNE 7,2004 CONSENT CALENDAR MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter certificates into the Minutes. (16.A. through 16.G.) 16A 16.B. 16.C. 16.0. 16.E. 16.F. 16.G. Honoree Date Asian Pacific Islander Heritage Month Troy Evans Kinsey (Comcast Broadcast Journalist) Reverend John McReynolds 20th Anniversary Small Business Administration Week Vie Braden Tennis College Fifth Annual MOMS Celebrates Moms Month Small Business Award Recipients 05/13/04 05/14/04 05/14/04 05/16/04 OS/20/04 OS/21/04 OS/26/04 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Motion: Approve settlements. 19.B. Evelia Viramontes vs. City of Santa Ana, Case number ANA 0354922 compromise and release in the amount of $26,000. Gary Fratus WCAB Case # AHM 0073044 and AHM 0096409 stipulated disability $27,370.00 plus lifetime future medical care. Amelia Caro-Claim No. 2003-212 in the amount of $7,497.00. EXCUSED ABSENCES - None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ASSISTANCE TO COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 04-163 - Accepting $14,401 in funding from the Federal Emergency Management Agency (FEMA) 167 JUNE 7, 2004 CITY COUNCIL MINUTES . CONSENT CALENDAR Community Emergency Response Team (CERT) grant for fiscal year 2002 and 2003 and appropriating the funds to the FEMA CERT grant expenditure account. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.J.) 22.A. 22.B. . 22.C. 22.0. 22.E. 22.F. . 22.G. SPEC. NO. 02-066 - PERSONNEL SERVICES - TEMPORARY PERSONNEL SERVICES - Renew the contracts for temporary personnel services for a period of one year in the aggregate amount not to exceed $230,000 with the following: Vendor: Focus On Temps, Inc. Personnel Group of America, Inc. d/b/a Venturi Staffing Partners PDQ Personnel Services, Inc. Location: Huntington Beach Santa Ana Irvine SPEC. NO. 04-049 - TRAFFIC SIGNAL LED LAMPS - PUBLIC WORKS AGENCY - Award a contract to Electro Tech's in the amount of $33,873.91 - Finance & Management Services Agency SPEC. NO. 04-055 - WALNUT PUMPING STATION MOTOR REPLACEMENT-PUBLIC WORKS AGENCY - Award a contract to Bakersfield Well and Pump Co. in the amount of $42,345 - Finance & Management Services Agency SPEC. NO. 04-056 - TRANSPORTATION SERVICES FOR SENIOR CENTERS - PARKS, RECREATION & COMMUNITY SERVICES - Award a contract to JFK Transportation for a two-year period, with provision for three one-year renewals, in an annual amount not to exceed $35,000 - Finance & Management Services Agency SPEC. NO. 04-058 - MANHOLE REHABILITATION - PUBLIC WORKS AGENCY - Award a contract to Inland Concrete Enterprises, Inc. in the total amount of $105,300 - Finance & Management Services Agency SPEC. NO. 04-060 - APPLIANCES - FIRE DEPARTMENT - Award a contract to Builders Appliance Supply in the amount of $7,948.72 - Finance & Management Services Agency SPEC. NO. 04-061 - DETECTION INSTRUMENTS, EQUIPMENT AND MAINTENANCE - FIRE DEPARTMENT - Award a contract to United CITY COUNCIL MINUTES 168 JUNE 7, 2004 22.H. 22.1. 22.J. CONSENT CALENDAR Industries Inc. in the amount of $41,154.04 - Finance & Management Services Agency SPEC. NO. 04-062 - CAR WASH AND DETAILING - POLICE DEPARTMENT - Award contracts for a two-year period, with provision for two one-year renewals, in the annual aggregate amount not to exceed $25,000 with the following Santa Ana vendors - Finance and Management Services Agency Vendor: Harbor Blvd. Car Wash Main Street Car Wash Z & H Happy Hands Corp. SPEC. NO. 04-063 - CHAIN LINK FENCE RENTALS - PUBLIC WORKS AGENCY - Award a contract to S&S Rent-A-Fence, Inc. for a two-year period, with provision for three one-year renewals, in an annual amount not to exceed $45,000 - Finance and Management Services Agency SPEC. NO. 04-064 - eEYE DIGITAL SECURITY SOFTWARE FOR LICENSE AND SUBSCRIPTION - Award a contract to En Pointe Technologies Sales, Inc. in the amount of $10,664.28 - Finance and Management Services Agency AGREEMENTS Motion: 25.A. 25.B. 25.C. 25.0. 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.) AGMT NOS. 2004-102 AND 2004-103 - ENVIRONMENTAL TESTING, REMEDIATION AND GEOTECHNICAL SERVICES - With TRC and Leighton Consulting, Inc. in the amount of $200,000 each - Public Works Agency AGMT NO. 2004-104 - JOB SEARCH SYSTEMS SUBSCRIPTION - With Geographic Solutions in an amount not to exceed $39,000 - Community Development Agency AGMT NO. 2004-105 - ANIMAL LICENSE FEE COLLECTION PROGRAM - Renew agreement with Civic Collection, Inc. for collection of new and delinquent dog license fees and penalties - Police Department AGMT NO. 2004-106 - CONSULTING AND TRAINING SERVICES - Execute an amended agreement with General Learning Climates, Inc. in an amount not to exceed $40,000 - Police Department CITY COUNCIL MINUTES 169 JUNE 7, 2004 . . . CONSENT CALENDAR 25.E. AGMT NO. 2004-107 - SECURITY GUARD SERVICE AT THE DEPOT, THE SANTA ANA ZOO AT PRENTICE PARK, AND THE CORPORATE YARD - Execute an amendment to Securitas USA to increase the aggregate limit by $5,000 - Finance and Management Services Agency Councilmember Christy declared a potential conflict of interest on item 25.E due to her employment with Citibank and as a registered representative of Citicorp Investment Services, and abstained from voting. 25.F. AGMT NO. 2004-108 - TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES - Execute an amendment to the agreement with PDS Technical Services in an amount of $70,000 for a total amount not to exceed $220,000 - Public Works Agency 25.G. AGMT NO. 2004-109 - PURCHASE AGREEMENT FOR PROPERTY LOCATED AT 1249 W. SECOND STREET - With Robert and Olga Foster in the amount of $325,000 - Public Works Agency 25.H. AGMT NO. 2004-110 - RIGHT OF WAY APPRAISAL SERVICES - With Lidgard and Associates for an amount not to exceed $50,000 - Public Works Agency 25.1. AGMT NO. 2004-111 - COMMUNICATIONS FOR AN ALTERNATE FIRE ALERT SYSTEM - With Hi Desert Communications in an amount not to exceed $50,000 - Fire Department 25.J. AGMTS CONTRACT AMENDMENTS INVESTMENT ACT YOUTH PROGRAM Community Development Agency WITH WORKFORCE SUBCONTRACTORS - Motion: Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements. AGMT NO. 2004-112 - Execute an amendment to increase the amount of the agreement with the Boys & Girls Club of Santa Ana by $1,674 not to exceed $57,389 AGMT NO. 2004-113 - Execute an amendment to increase the amount of the agreement with the Orange County Conservation Corps by $33,079 not to exceed $160,750 AGMT NO. 2004-114 - Execute an amendment to increase the amount of the agreement with Taller San Jose by $160 not to exceed $6,532 CITY COUNCIL MINUTES 170 JUNE 7, 2004 CONSENT CALENDAR 31.A. LAND USE MATTERS VARIANCE NO. 2004-02 AND MINOR EXCEPTION NO. 2004-03 - 1901 N. TUSTIN AVENUE Filed by Bagel Me Corporation to request a variance allowing reductions in the front and side yard setbacks and a minor exception for reduction in parking requirement at 1901 N. Tustin Avenue. Recommended action approved by the Planning Commission at its May 10, 2004 meeting by a vote of 7-0. Motion: Receive and file the staff report approving Variance No. 2004.Q2 as conditioned and Minor Exception No. 2004.Q3 as conditioned. 31.B. CONDITIONAL USE PERMIT NO. 2004-09 AND SITE PLAN REVIEW NO. 2004-02 TO ALLOW THE EXPANSION OF THE CREVIER BMW AUTO DEALERSHIP -1500 AUTO MALL DRIVE Filed by Don Crevier, Crevier BMW to allow auto dealership expansion and construction of a parking structure within the SD-60 (Specific Development 60) zoning district at 1500 Auto Mall Drive. Recommended action approved by the Planning Commission at its May 10, 2004 meeting by a vote of 7-0. Motion: Receive and file the staff report approving Conditional Use Permit No. 2004.Q9 and Site Plan review No. 2004-02 Council member Christy declared a potential conflict of interest on item 31 B due to her employment with Citibank and as a registered representative of Citicorp Investment Services, and abstained from voting. *** END OF CONSENT CALENDAR *** COUNCIL AGENDA ITEM Pursuant to Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85.A. LEGISLATIVE ADVOCACY SERVICES AGREEMENT - TOWNSEND PUBLIC AFFAIRS (PULIDO, FRANKLIN, SOLORIO) Continued from the May 3, 2004 City Council Meeting CITY COUNCIL MINUTES 171 JUNE 7, 2004 . . . Motion: 75.A. COUNCIL AGENDA ITEM Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Townsend Public Affairs for legislative advocacy services in an amount not to exceed $20,000 (AGMT NO. 2004-115) MOTION: Solorio SECOND: Pulido VOTE: AYES: Franklin, Garcia, Pulido, Solorio (4) NOES: Alvarez, Bist, Christy (3) ABSTAIN: None (0) None (0) ABSENT: PUBLIC HEARINGS FISCAL YEAR 2004-2005 PROPOSED CITY BUDGET Public hearing to consider the City's Fiscal Year 2004-2005 Budget and related matters Legal Notice published in the Oranqe County Reqister on May 28 and June 4, 2004 Staff presentation by Debra Kurita, Assistant City Manager and Manuel Gomez, Transportation Manager Written Communications: None No public speakers; public hearing closed Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2653 - An ordinance of the City Council of the City of Santa Ana appropriating monies to the several offices, agencies and departments of the City for the Fiscal Year commencing July 1, 2004. 2. Adopt a resolution. RESOLUTION 2004-033 - A resolution of the City Council of the City of Santa Ana establishing a Uniform Schedule of Miscellaneous Fees for Fiscal Year 2004-2005 and repealing in part Resolution No. 2003-050. CITY COUNCIL MINUTES 172 JUNE 7, 2004 PUBLIC HEARINGS 3. Reinstate 5 deleted positions in Public Works - (3) Maintenance Worker; (1) Equipment Operator and (1) Crew Leader - as unfunded positions MOTION: Alvarez SECOND: Garcia NOES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) VOTE: AYES: ABSENT: None (0) None (0) ABSTAIN: COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 8:52 P.M. FOLLOWED BY THE HOUSING AUTHORITY COUNCIL RECONVENED AT 8:54 P.M. WITH THE SAME MEMBERS PRESENT COMMENTS 90A PUBLIC COMMENTS - None 90.B. CITY COUNCIL COMMENTS Councilmember Garcia . Emphasized to residents the need for continued volunteerism in the City . Congratulated the South Santa Ana Merchants Association on the occasion of their first awards dinner . Announced that the groundbreaking for the Dan Young Soccer field was held on Saturday, June 5, 2004 . Congratulated staff for all their work on the City's budget Council member Solorio . Noted that there were over 200 kids in attendance at the ground breaking for the Dan Young Soccer field and thanked staff for their efforts in obtaining the $2.5 million needed to make this project happen . Noted that Dora the Explorer will be at the Santa Ana Zoo at Prentice Park on June 23. 2004 beginning at 1 :30 p.m. . Asked the Council to adjourn in memory of Lance Corporal Rafael Reynosa who was killed by hostile fire in AI Anbar province in Iraq on May 29, 2004. Lance Corporal Reynosa was from Santa Ana and attended Valley High School. CITY COUNCIL MINUTES 173 JUNE 7, 2004 COMMENTS . Council member Christy . Announced that the Valley Gospel Fest and Carnival will be held on June 12, 2004; the carnival will be from 1-4 p.m. and the Gospel Fest will be from 7-10 p.m. in the auditorium at Valley High School . Asked the Council to adjourn in memory of Pedro Reyes, the father of Desi Reyes, a City Commissioner; she noted that Mr. Reyes escaped from Cuba in 1970; he moved to California with his wife and raised three children . Asked the Council to adjourn in memory of former President Ronald Reagan; she noted that she was fortunate to meet with him on many occasions and worked with him through her work on the Captive Nations Committee in Orange County Council member Bist . Announced that the Santa Ana Animal Services and the Santa Ana Friends of Animals received a grant which will provide for free spay and neutering services for pets of Santa Ana residents . Asked staff to provide an update on any refunds due the City by Microsoft . Announced that the Wilshire Square Home Tour will be held on June 26-27, 2004 . Councilmember Alvarez . Asked residents to call the respective law agencies for help and not to take the law into their own hands . Asked staff to provide the Council with an update on the status of future plans relative to the John Wayne Airport . Congratulated the Police Officers Association on their move to a new building . Wished residents a Happy Father's Day . Mavor Pro Tem Franklin . Congratulated the Zoo staff and the Friends of the Zoo on the upcoming opening of the new Children's Zoo . Encouraged residents to plant more trees on their own property; also encouraged residents to protect against the West Nile Virus by not leaving buckets of water or old tires in their yards as these are potential breeding grounds for mosquito larva. . Noted that there was a newspaper article about a potential Farmers Market in Downtown Santa Ana and suggested that this concept might be something the City should consider and asked that a meeting be set up for discussion of the issues . Joined Council member Christy in asking that tonight's meeting be closed in memory of Former President Ronald Reagan; he noted that President Reagan loved God and his Country and that our thoughts and prayers are with Mrs. Reagan and the Reagan family CITY COUNCIL MINUTES 174 JUNE 7, 2004 COMMENTS Mavor Pulido . Noted that he recently gave the commencement address for the 2004 graduates at Cal State Fullerton and that it was quite a humbling experience; he noted that he emphasized to the students the importance of doing the best that they can in a changing environment. He further noted that, tonight, as the Council closes the meeting in memory of the three individuals it is important to remember that people give their lives for things they believe in and that those that make the most difference do it not because the world owes them something but do it because they believe and want to serve ADJOURNMENT - 9:13 P.M. - To June 21, 2004 - 5:15 p.m. - Police Chiefs Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Ana, California Adjourned in Memory of Lance Corporal Rafael Reynosa, Pedro Reyes, and Former President Ronald Reagan Patricia E. Healy Clerk of Council 4 CITY COUNCIL MINUTES 175 JUNE 7, 2004