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Home My WebLink About2004-11-15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA NOVEMBER 15, 2004 CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:43 P.M. ATTENDANCE COUNCILMEMBERS present: 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 Roger Aragon, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar • Mayor Pulido pulled item 85A for continuance to December 20, 2004 Council Meeting • Addition of Closed Session Report, Item 19A • Councilmember Solorio abstained on Item 25L Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 347 NOVEMBER 15, 2004 CONSENT CALENDAR ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. and 10.13.) 10.A. ADJOURNED REGULAR MEETING OF OCTOBER 18, 2004 10.B. REGULAR MEETING OF OCTOBER 18, 2004 ORDINANCES SECOND READING 11.A. ORDINANCE AMENDING CHAPTER 39 OF THE MUNICIPAL CODE ADOPTING FATS, OILS AND GREASE CONTROL REGULATIONS AND SECTION 1-18.2 UPDATING PUBLIC WORKS AUTHORITY TO ISSUE CITATIONS Motion: Adopt an ordinance. ORDINANCE NO. NS-2670 — An Ordinance of the City of Santa Ana amending Chapter 39 of the Santa Ana Municipal Code regarding the prevention of sanitary sewer overflows by restricting certain liquid and solid materials from entering the sewer system and amending Section 1- 18.2 of the Code adding sections to Public Works Code Enforcement. Placed on first reading at the October 18, 2004 Council Meeting and approved by a 7-0 vote Legal notice published in the Orange County Reporter November 5, 2004 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT — NOVEMBER 10, 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 Ward 3 NA 3&4 CITY COUNCIL MINUTES 348 NOVEMBER 15, 2004 Community Redevelopment / Housing Commission 2 Youth Commission — Regular 1 Youth Commission —Alternate 2 TOTAL 9 Board/Commission Expired Term Board of Parks & Recreation 2 TOTAL 2 Sr. Tenant & Tenant 1 4 &6 Ward KWO 13.B. BOARDS AND COMMISSIONS BI-ANNUAL ATTENDANCE REPORT APRIL 2004 THROUGH SEPTEMBER 2004 Motion: Receive and file Boards and Commission Bi-Annual Attendance Report. 13.C. COUNCIL COMMITTEE REPORTS Committee Name Date Public Safety Committee 7/12/04 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 15.1.) Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 10/18/04 10/13/04 3:20 pm 15.B. Adj. Regular Meeting Agenda 10/18/04 10/15/04 5:31 pm 15.C. City Council Agenda Cancellation Notice 11/1/04 10/28/04 3:00 pm Council Committee Agendas Meeting Date Posted Time 15.D. Main Street Development Cancellation Notice 10/20/04 10/15/04 5:10 pm CITY COUNCIL MINUTES 349 NOVEMBER 15, 2004 CONSENT CALENDAR 15.E. Neighborhood Improvement/Code Enforcement Cancellation Notice 10/26/04 10/22/04 3:15 pm 15.F. Park Development/Joint Use Facilities Cancellation Notice 11/2/04 10/29/04 4:10 pm 15.G. Public Safety Committee 11/8/04 11/5/04 4:50 pm Boards/Commission Resignation Effective Posted Time 15.H. Lillian J. Garafalo, Sr. Tenant Rep., Community Redevelopment and Housing Commission 9/7/04 10/29/04 4:10 pm 15.1. Joseph Gatlin, Human Relations Commission 10/20/04 10/29/04 4:10 pm MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree Date 16.A. Futboleando de Mauricio Cardenes 10/09/04 16.13. Columbus Day Civic Celebration 10/09/04 16.C. Bi-National Health Week 10/16/04 16.D. Pastor Isaac L. Patrick, Sr. of Gospel Light Church of God 10/18/04 16.E. Elpidio "Manuel" Jimenez Retirement -CA Dept. of Corrections 10/20/04 16.F. Toastmasters International 80t" Anniversary 11/02/04 16.G. Association of National Advertisers 11/07/04 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: 1. Approve Settlements: Salazar v. City of Santa Ana WCAB Case# 00-1078, 03-2546, 03-2547- Compromise and Release $45,000. Araceli Flores, State Compensation Insurance Fund & Orange County Food Service, Inc. - $12,220. 2. Confirm public employee appointment. CITY COUNCIL MINUTES 350 NOVEMBER 15, 2004 EM 19.C. Motion CONSENT CALENDAR Francisco Gutierrez, Executive Director, Finance & Management Services Agency Services EXCUSED ABSENCES - None INVESTMENTS REPORT - QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2004 Receive and file report. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT FOR THE FY 2004-2005 FEDERAL LUNCH PROGRAM AND AGREEMENT Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-056 - Accepting California Department of Education funds in the amount of $380,424 in the FY 2004- 2005 Federal Lunch Program revenue account and appropriate funds into the FY 2004-2005 Federal Lunch Program expenditure account. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. AGMT NO. 2004-234 and 2004-254 — With the California Department of Education and the Santa Ana Unified School District to continue the Lunch Program in FY 2004-2005 - Parks, Recreation and Community Services Agency 20.B. APPROPRIATION ADJUSTMENT - TOBACCO FREE COMMUNITIES SERVICES GRANT FUNDING Motion: 1. Adopt a resolution. RESOLUTION NO. 2004-083 - A resolution of the City Council of the City of Santa Ana authorizing the Chief of Police to execute a grant award agreement with Orange County on Track 2. Approve appropriation adjustment. (Requires five affirmative votes.) CITY COUNCIL MINUTES 351 NOVEMBER 15, 2004 CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. — 05-051 - Accepting and appropriating the Tobacco -Free Communities Services FY 04-05 grant funds in the amount of $30,000 — Police Department 20.C. AGREEMENT AND APPROPRIATION ADJUSTMENT FOR VENDING TRUCK SERVICES AT THE DAN YOUNG SOCCER COMPLEX Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT NO. 2004-235 — With Taquerias Guadalajara to provide vending truck services at the Dan Young Soccer Complex — Parks, Recreation and Community Services 2. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. — 05-055 - Recognizing projected vending revenue in the amount of $16,700 in the Recreation Special Fees and Donations revenue account and appropriate funds to the Recreation Special Fees and Donations expenditure account. 20.D. DONATION - STATE FARM INSURANCE — FIRE DEPARTMENT Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-050 - Approve an Appropriation Adjustment accepting a $3,000 donation from the State Farm Insurance Company into the Fire - Gift & Donations Account and appropriate the same to the Fire Department's Fire Prevention, Other Material & Supplies Account 20.E. APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT Motion: 1. Adopt a resolution. RESOLUTION NO. 2004-084 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to execute a grant award agreement with the California Office of Traffic Safety 2. Approve appropriation adjustment. (Requires five affirmative votes.) CITY COUNCIL MINUTES 352 NOVEMBER 15, 2004 CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. 05-059 — Accepting and appropriating the California Office of Traffic Safety Sobriety Checkpoint Program for Local Law Enforcement Agencies Grant in the amount of $53,484. GRANTS/APPLICATIONS 21.A. METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT — FISCAL YEAR 2004-2005 Motion: 1. Authorize the City Manager to accept the FY 2004-2005 Metropolitan Medical Response System Grant in the amount of $400,000 — Fire Department 2. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-053 - Accepting $400,000 into Metropolitan Medical Response System Grant — FY 2004-2005 revenue account and appropriating the same into the Metropolitan Medical Response System Grant expenditure accounts. 21.B. AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM Motion: Adopt resolution. RESOLUTION NO. 2004-085 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds from the State Urban Parks and Healthy Communities Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22. K.) 22.A. SPEC. NO. 01-128 — RECREATIONAL SUPPLIES — Renew contracts for a one-year period in the annual amounts as follows: Bidder: Amount: US Toy Company, Inc. $45,000 Art Supply Warehouse $11,000 CITY COUNCIL MINUTES 353 NOVEMBER 15, 2004 CONSENT CALENDAR 22.B. SPEC. NO. 03-036 — CELLULAR PHONES, ACCESSORIES, AND AIRTIME SERVICE — Renew contracts based upon State of California contracts for a period of one-year in a total annual aggregate amount not to exceed $246,900 with: Nextel Communications Verizon Wireless 22.C. SPEC. NO. 03-078 - CONTRACTS RENEWAL FOR AMMUNITION — POLICE DEPT - Renew the contracts for a one-year period in a total aggregate amount not to exceed $62,397 with: Adamson Industries Dooley Enterprises, Inc. San Diego Police Equipment Co., Inc. 22.D. SPEC. NO. 04-120 - SCOTT SELF-CONTAINED BREATHING APPARATUS, PARTS, AND ACCESSORIES — FIRE DEPARTMENT - Award a contract to Allstar Fire Equipment Inc. in the amount of $62,350.40 — Finance & Management Services Agency 22.E. SPEC. NO. 04-123 - THERMAL IMAGING CAMERAS, PARTS, AND ACCESSORIES — FIRE DEPARTMENT Motion: 1. Reject the bid from Hagemeyer as nonresponsive. 2. Award a contract to Fisher Scientific Company LLC for the purchase of thermal imaging cameras, parts, and accessories in the amount of $159,809.41. 22.F. SPEC. NO. 04-124 - CABLE CASTING EQUIPMENT - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to A-Vidd Electronics Company to provide all labor, materials, and incidentals to implement a community bulletin board system and a stand- alone playback system in the City Hall Council Chambers in the amount of $30,889.25 - Finance & Management Services Agency 22.G. SPEC. NO. 04-126 - EXTRICATION EQUIPMENT - FIRE DEPARTMENT, COMMUNITY DEVELOPMENT AGENCY - Award a contract to L.N. Curtis & Sons in the amount of $26,272.46 — Finance & Management Services Agency 22.H. SPEC. NO. 04-127 - EQUIPMENT RENTAL AND CONCRETE - Award contracts for a one-year period with provision for two one-year renewals, in the annual aggregate amount not to exceed $25,000 with the following vendors: CITY COUNCIL MINUTES 354 NOVEMBER 15, 2004 Vendor: Rental Service Corporation Sunstate Equipment Co. LLC United Rentals North West Inc. CONSENT CALENDAR Location: Santa Ana Anaheim Santa Ana 22.1. SPEC. NO. 04-130 — TWO MOBILE COMMAND VEHICLES — FIRE DEPARTMENT - Award a contract to Lake Chevrolet in the amount of $209,444.45 — Finance & Management Services Agency 22.J. SPEC. NO. 04-132 - WEEKEND AND HOLIDAY GRAFFITI REMOVAL - PUBLIC WORKS AGENCY - Award a contract to Graffiti Protective Coatings, Inc. for a one-year period, with provision for four one-year renewals, in an annual amount not to exceed $100,000 - Finance & Management Services Agency 22.K. SPEC. NO. 04-133 - ATRIUM GLASS MAINTENANCE — POLICE DEPARTMENT - Award a contract to Woodbridge Glass in an amount not to exceed $15,000 - Finance & Management Services Agency 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.R.) 25.A. AGMT NO. 2004-236 - ELEVATOR MAINTENANCE - Amend agreement A-2003-268, Otis Elevators, Co. for an amount not to exceed $17,243 — Finance and Management Services Agency 25.B. AGMT NO. 2004-237, 255, 256, 257, and 258 - TECHNICAL TEMPORARY PERSONNEL SERVICES AND CONSULTING - Execute an amended agreement exercising the third of four one-year renewal options extending the contract term in a total amount not to exceed $2,850,000 annually with the following companies: APR Consulting, Inc. Nakoma Group (formerly Data Design Corporation) International Management Systems Corporation SoftMaster, Inc. Telfords CITY COUNCIL MINUTES 355 NOVEMBER 15, 2004 CONSENT CALENDAR 25.C. AGMT NO. 2004-238 - PREVENTIVE MAINTENANCE AND REPAIRS FIRE ALARM SYSTEMS - With Simplex Grinnell for the maintenance and service for a one year period, with provision for two one-year renewals, in an annual amount not to exceed $23,145.69 - Finance & Management Services Agency 25.D. AGMT NO. 2004-239 - PREVENTIVE MAINTENANCE/REPAIRS OF UNDERGROUND FUEL STORAGE TANKS AT VARIOUS CITY FACILITIES - With Pacific System Electric for a one year period, with provision for two one-year renewals, in an annual amount not to exceed $19,845 — Police Department 25.E. AGMT NO. 2004-240 - ARCHITECTURE AND URBAN DESIGN SERVICES — Execute an amendment with Urban Studio in an amount not to exceed $60,000 — Planning and Building Agency 25.F. AGMT NO. 2004-241 - HEARING OFFICER SERVICES FOR NUISANCE ABATEMENT PROCEEDINGS — With Coastal Mediation Services in an amount not to exceed $20,000 - Planning and Building Agency 25.G. AGMT NO. 2004-242 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-07 - With Sheryl L. Harvey for the structure located at 1820 North Bush Street - Planning and Building Agency 25.H. AGMT NO. 2004-243 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-08 - With Jon Weger for the structure located at 708 South Birch Street - Planning and Building Agency 25.1. AGMT NO. 2004-244 - POLICE DEPARTMENT JANITORIAL SERVICES - Renew the agreement with Able Building Maintenance Company, for in an amount not to exceed $370,000 — Police Department 25.J. AGMT NO. 2004-245 - DEVELOPING INTEROPERABILITY TECHNOLOGY PLANS FOR FIRE DISPATCH OPERATION CENTERS - With Deloitte Consulting, LLP in an amount not to exceed $260,000 — Fire Department 25.K. AGMT NO. 2004-246 - ADDITIONAL RADIO EQUIPMENT - Execute an amendment to agreement A2002-051, Motorola Inc. for an additional amount of $515,000 for the purchase of 800MHz radio equipment — Fire Department CITY COUNCIL MINUTES 356 NOVEMBER 15, 2004 CONSENT CALENDAR 251. AGMT NO. 2004-247 - LICENSE AGREEMENT - Execute a license agreement with K. Lee Gifts for a gift shop at The Depot at Santa Ana - Community Development Agency *Councilmember Solorio abstained on Item 25L 25.M. AGMT NO. 2004-248 - MASTER FUNDING AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY — Execute Amendment No. 9 of the Master Funding Agreement with the Orange County Transportation Authority for projects in the Combined Transportation Funding Program and the Bicycle and Pedestrian Facilities Program — Public Works Agency 25.N. AGMTS NO. 2004-249 and 2004-259 - HEALTHY SNACK CONCESSIONS AT JEROME PARK AND SPURGEON INTERMEDIATE SCHOOL SOCCER FIELDS — With Azteca Youth Soccer League to provide healthy snacks at Jerome Park for a six-month period, with a provision for three one-year extensions and Olympic Youth Soccer League to provide healthy snacks at Spurgeon Intermediate School soccer fields for a six-month period, with a provision for three one-year extensions. — Parks, Recreation & Community Services Agency 25.0. AGMT - PATRICIA LANE PARK CONTRIBUTION AGREEMENT Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2004-250 - AMENDMENT CONTRIBUTION AGREEMENT FOR PATRICIA LANE PARK — Execute a second amendment to the Contribution Agreement With the State of California for Transportation Enhancement Activities (TEA) Grant funding for the purchase and development of Patricia Lane Park - Parks, Recreation & Community Services Agency 2. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-058 - Reducing the Select Street Construction revenue account and the Select Street Construction Improvements Other Than Buildings expenditure account. 25.P. AGMT NO. 2004-251 - ARCHITECTURAL SERVICES FOR VARIOUS PARKS — Execute an amendment to the agreement with Dougherty + Dougherty Architects in the amount of $41,000 for a total agreement not to exceed $161,090 — Public Works Agency CITY COUNCIL MINUTES 357 NOVEMBER 15, 2004 CONSENT CALENDAR 25.Q. AGMT NO. 2004-252 - CONSULTANT — Execute a second amendment to the agreement with DMJM/Harris Inc. in the amount of $150,000 for a total contract amount of $535,000 - Public Works Agency 25.R. AGMT NO. 2004-253 - DESIGN/BUILD SERVICES FOR THE REPLACEMENT OF AVIARY NETTING AT THE SANTA ANA ZOO (PROJECT 04-6402) — Execute an agreement with A Thru Z Consulting & Distributing, Inc. in the not to exceed amount of $245,000 - Public Works Agency LAND USE MATTERS CONDITIONAL USE PERMITS / VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2004-20 - 315 WEST SANTA CLARA AVENUE Filed by Eric Larson to permit the construction of a second story addition to an accessory structure at 315 West Santa Clara Avenue Recommended action approved by the Planning Commission at its October 11, 2004 meeting by a 5-0 vote (Nalle, Sinclair absent) Motion: Receive and file the staff report approving Conditional Use Permit No. 2004-20 as conditioned. *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR ORDINANCES/FIRST READING Mayor Pulido declared a potential conflict of interest on Item 50A 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 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 and Councilmember Bist assumed the Chair. CITY COUNCIL MINUTES 358 NOVEMBER 15, 2004 BUSINESS CALENDAR 50.A. APRIL 5, 2005 SPECIAL MUNICIPAL ELECTION ON THE REFERENDUM MEASURE RELATING TO ORDINANCE NS-2649 REZONING THE PROPERTY KNOWN AS ONE BROADWAY PLAZA Ben Grabiel requested the Council to rescind the ordinance so that an election would not be necessary; John Barneich raised concerns relative to the litigation in this matter. Councilmember Bist recommended that Resolution 2004-090 be amended to provide that Citizens for Responsible Planning, as proponent of the referendum, be authorized to file a written argument against the ballot argument. Motion: 1. Adopt ordinance ORDINANCE NS-2671 — An Ordinance of the City Council of the City of Santa Ana calling for and giving notice of a special municipal election to be held in the City of Santa Ana on April 5, 2005 for the submission to the voters of a question relating to Ordinance No NS-2649 approving the One Broadway Plaza Development. 2. Adopt resolution 2004-089 and resolution 2004-090 as amended RESOLUTION 2004-089 - A Resolution of the City Council of the City of Santa Ana requesting the Board of Supervisors of Orange County to provide election services in connection with a referendum election to be held on April 5, 2005. RESOLUTION 2004-090 - A Resolution of the City Council of the City of Santa Ana authorizing written arguments for the One Broadway Plaza Referendum Election. 3. Direct the City Attorney to prepare an impartial analysis of the ballot measure. 4. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for the referendum measure, fix January 4, 2005 as the date for the submission of arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. CITY COUNCIL MINUTES 359 NOVEMBER 15, 2004 MOTION: Bist VOTE: AYES: NOES ABSTAIN ABSENT: RESOLUTIONS BUSINESS CALENDAR SECOND: Christy Alvarez, Bist, Christy, Garcia, Solorio (5) None (0) Franklin, Pulido, (2) None (0) 55.A. PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO ADD TWO PART TIME CLASSIFICATION TITLES IN THE FIRE DEPARTMENT Motion: Adopt resolution. RESOLUTION NO. 2004-086 — A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to amend the City's basic classification and compensation plan to add two new part time classification titles in the Fire Department MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Garcia Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) 55.13. PROPOSED AMENDMENT TO REALLOCATE ONE POSITION IN THE FISCAL YEAR 2004-05 BUDGET — COMMUNITY DEVELOPMENT AGENCY Motion: Adopt resolution. RESOLUTION NO. 2004-087 — A resolution of the City Council of the City of Santa Ana to reallocate one position in the Community Development Agency for the Fiscal Year 2004-05 budget CITY COUNCIL MINUTES 360 NOVEMBER 15, 2004 REPORTS 65.A. BUSINESS CALENDAR MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ANNEXATION NO. 2004-01 TO ANNEX THE COUNTY ISLAND NORTHEAST OF SEVENTEENTH STREET AND TUSTIN AVENUE Filed by the City of Santa Ana to establish a General Plan and zoning land use designations for the annexation of the County Island surrounded by Tustin Avenue to the west, Seventeenth Street to the south and Newport Freeway (SR55) to the east Continued from the August 16, 2004 City Council meeting to September 20, 2004 by a vote of 6-1 (Pulido, absent) Legal Notice published in the Orange County Reporter on September 10, 2004 and notices mailed Continued from the September 20, 2004 for 60 days by a vote of 7-0 Motion: Direct the City Manager and staff to discuss options with property owners, the County of Orange and the Local Agency Formation Commission regarding voluntary request for annexation and/or agreements for the City services within the unincorporated County Island northeast of Seventeenth Street and Tustin Avenue and direct the City Manager and staff to cease all action towards involuntary annexation at this time. Diana Hardy spoke in support of annexation of the County Island and Alan Rice, a resident in the area proposed for annexation, spoke in opposition CITY COUNCIL MINUTES 361 NOVEMBER 15, 2004 BUSINESS CALENDAR MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65.13. APPEAL NO. 2004-07 (HISTORIC RESOURCES COMMISSION APPLICATION NO. 2004-05 AND HISTORIC REGISTER CATEGORIZATION NO. 2004-05) Filed by Ruth S. Kroll to appeal the decision of the Historic Resources Commission, which approved the placement and categorization of the structure located at 1905 North Valencia Street (F.B. Elliot House) as a Key property on the Santa Ana Register of Historical Properties Planning Commission adopted resolutions approving Historic Resources Commission Application No. 2004-05 and Historic Register Categorization No. 2004-05 at its August 5, 2004 meeting by a 6-0 vote Notice published in the Orange County Reporter on September 10, 2004 and Legal notices mailed Continued from the September 20, 2004 City Council Meeting for 60 days by a vote of 7-0 Motion: Continue the matter to the February 22, 2005 City Council Meeting at the request of staff. MOTION: Bist SECOND: Garcia VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 362 NOVEMBER 15, 2004 BUSINESS CALENDAR 65.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 thestructure, 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 abstention) Public hearing closed September 7, 2004 Continued by the City Council from September 7, 2004 Meeting by 5-2 vote (Alvarez, abstention and Garcia, absent) Continued from the October 4, 2004 City Council Meeting for 60 days by a vote of 6-0 (Alvarez, abstention) Councilmember Alvarez abstained on this item because of the proximity of the property to her residence Motion: Continue the matter to the February 22, 2005 City Council Meeting at the request of staff. MOTION: Christy SECOND: Solorio VOTE: AYES: Bist, Christy, Franklin, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: Alvarez (1) ABSENT: None (0) CITY COUNCIL MINUTES 363 NOVEMBER 15, 2004 PUBLIC HEARINGS 75.A. FISCAL YEAR 2004-05 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT To consider the Fiscal Year 2004-2005 Supplemental Law Enforcement Services Fund (SLESF) Grant. In compliance of the legislation, an adopted resolution and an expenditure plan must be submitted to the Supplemental Law Enforcement Oversight Committee prior to funding. Legal Notice published in the Orange County Reporter on November 5, 2004 Staff Report by Chief Paul Walters. Written Communications: None No public speakers; public hearing closed Motion: 1. Adopt a resolution. RESOLUTION NO. 2004-088 - A resolution of the City Council of the City of Santa Ana to authorize the Chief of Police to accept and utilize grant funding from the 2004-2005 Supplemental Law Enforcement Services Fund 2. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-052 - Recognizing the FY 04- 05 Supplemental Law Enforcement Services Fund (SLESF) grant funds and appropriating the same to SLESF grant expenditure accounts. 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 364 NOVEMBER 15, 2004 PUBLIC HEARINGS 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. ORANGE COUNTY WATER DISTRICT BOARD APPOINTMENT (PULIDO) Reappointment of Brett Franklin as the City's representative to the Orange County Water District Board Motion: Continue the matter to the December 20, 2004 City Council Meeting. COUNCIL RECESSED TO THE JOINT SESSION BETWEEN THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:21 P.M. PROJECTS 23. A. APPROPRIATION ADJUSTMENT AND CONTRACT AWARD FOR FESTIVAL HALL RESTROOM IMPROVEMENTS (PROJECT 2741A) Mayor Pulido declared a potential conflict of interest on Item 23A due to the proximity of the Festival Hall to his business and left the room; Councilmember Solorio abstained on this item due to a contribution received for his election campaign. Staff Report by Patricia C. Whitaker, Executive Director of Community Development Agency. Steve McGuigan addressed the Council in opposition to spending funds forth is purpose. Motion: Continue the matter to the December 20, 2004 City Council Meeting. MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, (5) NOES: None (0) ABSTAIN: Pulido, Solorio (2) ABSENT: None (0) CITY COUNCIL MINUTES 365 NOVEMBER 15, 2004 COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:28 P.M. FOLLOWED BY THE HOUSING AUTHORITYMEETING AT 7:29 P.M. COUNCIL RECONVENED AT 7:30 P.M. WITH ALL MEMBERS PRESENT: COUNCILMEMBER FRANKLIN LEFT THE MEETING AT 7:31 P.M. WORK STUDY SESSION W.S.A. SANTA ANA RIVER TASK GROUP — Parks, Recreation & Community Services Gerardo Mouet, Executive Director, Parks, Recreation & Community Services Agency introduced D. P. Meyers of the Wildlands Conservancy who provided information relative to the formation of a Santa Ana River Task Force. Highlights of this presentation are as follows: In 1955, the Santa Ana River was recommended to the California State Parks Commission as a multi -purpose recreation area In 1969, the first "Coast to Coast Trail Event' was held drawing attention to the need for a continuous trail system. In 1977, portions of the trail were designated a National Recreation Trail • In 1999, San Bernardino County and the Wildlands conservancy started the Santa Ana River Renaissance, expanding the original idea of a River Trail into a broader vision of a Greenway The Santa Ana River Corridor Trail System Master Plan was funded in 1990 by an Interagency Agreement between the following: Cities of San Bernardino, Redlands, Colton, Riverside, Anaheim, Chino Hills, Highland, Loma Linda, Rialto, Corona, Huntington Beach; Counties of San Bernardino, Riverside, and Orange; Orange County Water District, State of California, Department of Parks and Recreation, U.S. Forest Service, San Bernardino National Forest, National Park Service, and, Rivers and Trails Conservation Assistance The proposed Santa Ana River Task Force will focus on the possibilities of changing hardscape to trail and greenway, a concrete flood channel to a landscaped park, a historic trestle to a pedestrian bridge, and potential pocket parks to a Wetland Park The Santa Ana River is a unique asset and source of pride, providing a destination for residents and visitors alike The Wildlands Conservancy is an active partner in revitalizing the Santa Ana River and will give a $5,000 grant to the Task Force for GIS and creation of the Vision Document; the Conservancy will also find grants and other public monies to fund projects identified by the Santa Ana River Vision document CITY COUNCIL MINUTES 366 NOVEMBER 15, 2004 WORK STUDY SESSION Motion: Approve the formation of a Santa Ana River Task Force to study the possibility of restoring the natural habitat environment and providing recreational opportunities in and around the river. •M •M MOTION: Alvarez SECOND: Christy VOTE: AYES: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Franklin (1) Jerry King, representing EMA, Inc addressed the Council relative to the advantages of forming the Santa Ana River Task Force COMMENTS PUBLIC COMMENTS Priscilla Gargalis and Alician Stanley thanked the Council for adopting an ordinance relative to exotic animals and presented to Council framed certificates and photos expressing their gratitude. Karla Lopez, Scott Sink, Evan Winn, Duane J. Roberts, Debbie Leance, and Justin Nichol discussed an incident where a 14 year -old was shot by a police officer and protested alleged police brutality. Peter Wauro, a trauma surgeon at the Western Medical Center, spoke of the new buyer of the hospital being financially unstable, with a bankruptcy history CITY COUNCIL COMMENTS Councilmember Garcia • Asked the Council to adjourn in memory of Santa Ana fallen war heroes. Councilmember Christy • Wished Rod Coloma, Executive Director, Finance and Management Services Agency and his wife well on his retirement. CITY COUNCIL MINUTES 367 NOVEMBER 15, 2004 • Wished everyone a Happy Thanksgiving, and encouraged residents to give a couple of hours serving food to the homeless, and consider taking their kids to help • Asked the Council to adjourn in memory of Annabel McFadden Rasmussen who died at the age of 91. McFadden Street was named after her grandfather, Robert McFadden. Councilmember Solorio • Wished Rod Coloma, Executive Director, Finance and Management Services Agency well on his retirement; welcomed Francisco Gutierrez as permanent Executive Director, Finance and Management Services Agency ADJOURNMENT — 8:20 p.m. — to December 6, 2004 — 5:30 p.m. - City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California In Memory of Veterans of Santa Ana who died in service to our Country Annabel McFadden Rasmussen Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 368 NOVEMBER 15, 2004