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Home My WebLink About2004-12-20MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATION DECEMBER 20, 2004 POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:25 P.M. COUNCILMEMBERS present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tern CLAUDIA ALVAREZ CARLOS BUSTAMANTE 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 MAYOR PULIDO Councilmember Christy Recognizing Sergeant Steve Serrano for his participation in Operation Enduring Freedom and Iraqi Freedom while assigned to Naval Special Warfare, Group One Mayor Pulido announced the following modifications to the Consent Calendar: • Mayor Pulido pulled items 11.A., 19.D. and 29.A (speaker cards) • Councilmember Bustamante pulled item 31.A. • Addition of Closed Session Report, Item 19A CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. CITY COUNCIL MINUTES 375 DECEMBER 20, 2004 CONSENT CALENDAR MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A., 10.13. and 10.C.) 10.A. ADJOURNED REGULAR MEETING OF NOVEMBER 15, 2004 10.B. REGULAR MEETING OF NOVEMBER 15, 2004 10.C. REGULAR MEETING OF DECEMBER 6, 2004 ORDINANCES SECOND READING ................... 11 BAR Motion Mayor Pulido declared a potential conflict of interest on Item 11A 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 Pulido abstained on this item. Placed on first reading at the November 15, 2004 Council Meeting and approved by a 5-0 vote (Franklin and Pulido abstained) Legal notice published in the Orange County Register December 10, 2004 Ben Grabiel asked the Council to rescind ordinance NS-2649 Adopt an ordinance. CITY COUNCIL MINUTES 376 DECEMBER 20, 2004 CONSENT CALENDAR 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. MOTION: Solorio SECOND: Bustamante VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) 12.A. ABANDONMENT NO. 04-03-S, VACATING A PORTION OF STREET AND SIDEWALK EASEMENT ADJACENT TO 8 FIRST AMERICAN WAY EAST Motion: Adopt a resolution. RESOLUTION NO. 2004-092 — A resolution approving the summary vacation of a portion of street, sidewalk and public utility easement adjacent to 8 First American Way East BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT — DECEMBER 15, 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 3 Environmental Transportation Advisory Committee (ETAC) 1 NA Library Board 2 3&4 Community Redevelopment / Housing Commission 2 Sr. Tenant CITY COUNCIL MINUTES 377 DECEMBER 20, 2004 13.B. Motion 13. C. CONSENT CALENDAR Tenant Youth Commission — Regular 1 1 Youth Commission —Alternate 2 4 &6 TOTAL 9 APPOINTMENTS Continue the matter 30 days (January 18, 2005 City Council Meeting) Mayor Pro Tern Lisa Bist as the City's representative to the Transportation Corridor Agency Re -appoint Councilmember Alberta Christy as the City's representative to Orange County Sanitation District and Councilmember Mike Garcia as the City's alternate representative Councilmember Jose Solorio as the City's representative to the Orange County Water District Board for a four-year term expiring December 2008 Dan Griset as the City's representative to the Metropolitan Water Board APPOINTMENTS Motion: Approve appointments. Re -appoint Bailey J. Johnson to the Youth Commission, recommended by Mayor Pulido, as the Mayoral Alternate representative Re -Appoint Max Madrid to the Recreation and Parks Board, recommended by Councilmember Alvarez, as the Ward 5 representative for a term expiring 11/30/08 Re -Appoint Christopher M. Leo to the Planning Commission, recommended by Councilmember Alvarez, as the Ward 5 representative for a term expiring 11/30/08 Vesna Marcina recommended by Councilmember Christy as the Ward 4 representative to the Library Board for a term expiring 11/30/06 (replacing B. Stewart) Robin M. Christenson to the Recreation and Parks Board, recommended by Mayor Pro Tern Bist, as the Ward 2 representative for a term expiring 11/30/06 (replacing F. Rivera) 13.D. COUNCIL COMMITTEE REPORTS CITY COUNCIL MINUTES 378 DECEMBER 20, 2004 CONSENT CALENDAR Committee Name Date Public Safety Meeting 9/13/04 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.E) Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 11/15/04 11/12/04 5:05 pm 15.6. Adj. Regular Meeting Agenda 11/15/04 11/12/04 5:05 pm 15.C. City Council Agenda 12/06/04 12/03/04 4:40 pm Council Committee Agendas Meeting Date Posted Time 15.D. Main Street Development Cancellation Notice 11/17/04 11/17/04 5:00 pm 15.E. Main Street Development Cancellation Notice 12/15/04 12/10/04 11:32 pm MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree 16.A. LULAC OC Hispanic Women of the Year 16.B. "Extreme Makeover" at the Donahue KIDWORKS center 16.C. Pastor Holmes 29th Anniversary with Majesty International Center 16.D. Ebell Society — 110th Anniversary 16.E. Doubletree Hotel Cares About Democracy Day 16.F. The Wellness Community- Orange County honorees 16.G. Dr. Juan Lara — Boy Scouts of America Educator of the Year 16.H. Chuck Smith — Retirement from the OC Board of Supervisors 16.1. 100 Black Men of Orange County — 10th Annual Holiday Gala FINAL MAP NOTIFICATIONS Date 11 /13/04 11/14/04 11/14/04 11 /22/04 11 /23/04 12/01 /04 12/01 /04 12/02/04 12/05/04 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 379 DECEMBER 20, 2004 CONSENT CALENDAR The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17.A. FINAL TRACT MAP NO. 16636 — 517 NORTH EUCLID STREET AND 5117 WEST FIFTH STREET Motion: Receive and file. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve. 2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 RESOLUTION NO. 2004-101 — A Resolution of the City Council of the City of Santa Ana amending Resolution Nos. 96-063 and 2002-065 providing for compensation for the office of City Attorney 19.B. EXCUSED ABSENCES — None 19.C. COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2003-2004 Motion: Receive and file the Community Redevelopment Agency Annual Report for FY 2003-2004 consisting of: m 1. The Annual Audit Report as prepared by Conrad & Associates, LLP. 2. The Annual Report of Financial Transactions. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies. 4. Annual Statement of Indebtedness. Mayor Pulido declared a potential conflict of interest because of the proximity of his business and left the room; Mayor Pro Tern Bist assumed the Chair. Brad Romoff, Dan Bradley, Bill Gaiennie, Justin Reuter, and Bob Stewart asked the Council to levy the annual assessment for calendar year 2005 at 100%. CITY COUNCIL MINUTES 380 DECEMBER 20, 2004 CONSENT CALENDAR Vincent Sarmiento suggested that the matter be sent back to the Community Redevelopment and Housing Commission so that the new proposals could be reviewed and analyzed Manuel Pena asked for a continuation of the matter so that the BID participants could agree on a plan Rigoberto Rodriguez supported the Commission's action and Recommendation Michael Macres and Elsa Gomez asked that there be no BID assessment and that the BID be disestablished Motion: Continue the matter to January 3, 2005 Council Meeting MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING CALIFORNIA 9-1-1 EMERGENCY COMMUNICATIONS OFFICE FUNDING Motion: 1. Adopt a Resolution. RESOLUTION NO. 2004-094 - A resolution of the City Council of Santa Ana authorizing the City Manager and Chief of Police to execute a grant award agreement with the State of California Department of General Services, 9-1-1 Emergency Communications Office 2. Approve appropriation adjustment. (Requires five affirmative votes.) CITY COUNCIL MINUTES 381 DECEMBER 20, 2004 CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. 05-062 - Accepting and appropriating the California 9-1-1 Emergency Communications Office reimbursement program in the amount of $525,000 SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22. R.) 22.A. SPEC. NO. 00-141 - LANDSCAPE MAINTENANCE - PARKS, RECREATION. & COMMUNITY SERVICES. AGENCY, LIBRARY AND COMMUNITY DEVELOPMENT AGENCY - Renew the contract with Valley Crest Landscape Maintenance for a one-year period in an annual amount not to exceed $184,071 - Finance & Management Services Agency 22.6. SPEC. NO. 01-143 CONTRACTS RENEWAL FOR WATER WELL REHABILITATION - PUBLIC WORKS AGENCY - Renew the contracts for one-year period in an annual aggregate amount not to exceed $315,000 with: Vendor: Location: Orange County Pump Santa Ana Layne Christensen Company Fontana General Pump Company San Dimas 22.C. SPEC. NO. 02-144 REPROGRAPHIC PAPER AND ENVELOPES — POLICE DEPARTMENT - Renew the contract with Unisource Corporation for a one-year period in an annual amount not to exceed $94,975 - Finance & Management Services Agency 22.D. SPEC. NO. 02-146 - DIESEL FUEL Motion: 1. Amend the contract with SC Fuels for the purchase of diesel gasoline fuel by $10,000 for a total not to exceed $208,000 2. Renew the contract with SC Fuels, under the Cooperative Purchase Provision of Orange County, for the purchase of diesel gasoline fuel for a one-year period, in an annual amount not to exceed $270,000 22.E. SPEC. NO. 02-157 - POLICE MOTORCYCLE REPAIR AND REPAIR PARTS - Renew the contracts for a one-year period in the following annual amounts not to exceed: CITY COUNCIL MINUTES 382 DECEMBER 20, 2004 CONSENT CALENDAR Vendor: Location: Amount: BMW of Hollywood Hollywood $20,000 Seavco d/b/a Iry Seaver Motorcycles Orange $65,000 VIP Motorcycles, Inc. Buena Park $25,000 22.F. SPEC. NO. 02-159 - ANIMAL FOOD - PARKS, RECREATION. & COMMUNITY SERVICES AGENCY - Renew the contract with Family Tree Produce for a one-year period in an annual amount not to exceed $25,000 - Finance & Management Services Agency 22.G. SPEC. NO. 03-108 - FIRE HOSE — FIRE DEPT. - Amend the contract with Allstar Fire Equipment, Inc. by $11,941.93 for a total not to exceed $29,452.17 - Finance & Management Services Agency 22.H. SPEC. NO. 04-122 - SOUTHERN CALIFORNIA EDISON ELECTRIC METERING SERVICE ENTRANCE INSTALLATION AT WALNUT PUMPING STATION - PUBLIC WORKS AGENCY - Award a contract to Consolidated Data Controls in the amount of $10,427 - Finance & Management Services Agency 22.1. SPEC. NO. 04-131 - FOUNTAIN MAINTENANCE - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to West Coast Pools for a two-year period, with provision for three one- year renewals in an annual amount not to exceed $23,000 - Finance & Management Services Agency 22.J. SPEC. NO. 04-134 - BID REJECTION FOR VISITATION BOOTH MODIFICATION AT THE POLICE ADMINISTRATION AND JAIL FACILITY POLICE DEPT. — Motion: Reject the bids for visitation booth modification at the Police Administration and Jail Facility due to a need to redefine specifications 22.K. SPEC. NO. 04-138 - SECURITY AND LOCK SYSTEM - PUBLIC WORKS AGENCY - Award a contract to Tony's Lock & Safe Service, a Santa Ana vendor, in the amount of $22,871.48 - Finance & Management Services Agency 221. SPEC. NO. 04-139 - RAIN GUTTER REPAIR AT FIRE STATION NO. 9 - FIRE DEPT. - Award a contract to South Coast Roof, Inc. in an amount not to exceed $36,260 - Finance & Management Services Agency CITY COUNCIL MINUTES 383 DECEMBER 20, 2004 CONSENT CALENDAR 22.M. SPEC. NO. 04-141 — FOR PREPAID GASOLINE CARDS - COMMUNITY DEVELOPMENT AGENCY - Award a contract to SVM, LP for a one-year period, with provision for two one-year renewals, in the annual amount not to exceed $50,000 - Finance & Management Service Agency 22.N. SPEC. NO. 04-142 - CONTRACT AWARD FOR SURVEILLANCE EQUIPMENT — POLICE DEPT. - Award a contract to Crime Point, Inc. in the amount of $13,985.95 - Finance & Management Services Agency 22.0. SPEC. NO. 04-144 —MAINTENANCE CLOTHS - Award a contract to Waxie Sanitary Supply for a one-year period, with provision for two one- year renewals, in an annual amount not to exceed $21,524 - Finance & Management Services Agency 22.P. SPEC. NO. 04-145 - PORTABLE RADIOS — POLICE DEPT. - Award a contract to Hi -Desert Communications in an amount not to exceed $23,045 - Finance & Management Services Agency 22.Q. SPEC. NO. 04-147 - LADDERS, AND FIRE SAFETY AND RESCUE EQUIPMENT — FIRE DEPT. - Amend the contract with L.N. Curtis & Sons to increase the aggregate limit by $14,169.93 for an annual amount not to exceed $24,169.93 - Finance & Management Services Agency 22.R. SPEC. NO. 04-150 - TWO STREET SWEEPERS - Award a contract to Kelly Equipment, using the City of Burbank's contract with Kelly Equipment in the amount not to exceed 424,797.92; and an additional $5,000 on the annual blanket contract. - Finance and 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.M.) 25.A. AGMT NO. 2004-260 - LEGAL PUBLICATIONS AND ON-LINE LEGAL RESEARCH SERVICES - Execute a two-year agreement with LexisNexis, Inc. not to exceed $30,000 — City Attorney 25.6. AGMT NO. 2004-261, 273 AND 274 - LITIGATION SUPPORT SERVICES - CITY ATTORNEY'S OFFICE AND FINANCE & MANAGEMENT SERVICES - Execute agreements for litigation related attorney services with the following companies: Janney and Janney Attorney Service, Inc. Kennedy Court Reporters, Inc. The Cardomon Group, Inc. Santa Ana Santa Ana Santa Ana CITY COUNCIL MINUTES 384 DECEMBER 20, 2004 CONSENT CALENDAR 25.C. AGMT NO. 2004-262 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-09 - Execute an agreement with Carlos D. and Brandie L. Nava for the structure located at 1407 North Towner Street — Planning & Building Agency 25.D. AGMT NO. 2004-263 - SECOND RENEWAL OPTION TO AGREEMENT FOR SECURITY GUARD SERVICE AT THE DEPOT AT SANTA ANA, THE CORPORATE YARD AND THE SANTA ANA ZOO AT PRENTICE PARK — Execute a twelve-month renewal to the Agreement with Securitas USA, Inc. in the annual amount not to exceed $278,000 - Community Development Agency 25.E. AGMT NO. 2004-264 - AMENDMENT TO CONTRACT FOR LITTER MAINTENANCE AND CONTROL IN THE SANTA ANA BUSINESS IMPROVEMENT DISTRICT (RFP NO. 03-0411 LC) - Execute an Amendment to Agreement A2004-00 with L.A. CHA Maintenance Company to increase the compensation by $2,904 per month - Community Development Agency 25.F. AGMT NO. 2004-265 - FIREMEN'S BENEVOLENT ASSOCIATION (FBA) - MEMORANDUM OF UNDERSTANDING - Execute an agreement with the Firemen's Benevolent Association (FBA) regarding wages, hours and other terms and conditions of employment - Personnel Services 25.G. COUNTY OF ORANGE HOUSING AND COMMUNITY SERVICES AGENCY Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-061 - Recognizing $75,803 in revenues awarded to the City of Santa Ana on behalf of the Santa Ana W/O/R/K Center by the County of Orange Housing and Community Services Agency. 2. AGMT NO. 2004-266 - Execute an Amendment to the Agreement with the County of Orange to administer Phase II of the National Emergency Grant — Community Development Agency 25.H. AGMT NO. 2004-267 - CABLE CONSULTING SERVICES - With Communications Support Group for an amount not to exceed $30,100 - Parks, Recreation and Community Services Agency 25.1. AGMT NO. 2004-268 — DESIGN REVISIONS AND CONSTRUCTION SUPPORT FOR THE ELEVATED TANK IMPROVEMENTS — Execute an amendment to the agreement with Tetra Tech Inc., in the amount of $11,500 for a total contract amount not to exceed $45,000 — Public Works Agency CITY COUNCIL MINUTES 385 DECEMBER 20, 2004 CONSENT CALENDAR 25.J. AGMT NO. 2004-269 — RIGHT-OF-WAY SUPPORT SERVICES — With Kent Jorgensen in an amount not to exceed $150,000 - Public Works Agency 25.K. AGMT NO. 2004-270- PURCHASE OF GASOLINE - Amend the contract with Freeway Chevron to increase the aggregate limit by $16,000 for purchase of gasoline under the Workforce Investment Act Client Voucher Policy - Community Development Agency 251. AGMT NO. 2004-271 — ENVIRONMENTAL ANALYSIS OF THE FRENCH PARK NEIGHBORHOOD TRAFFIC PLAN — Execute an amendment to the agreement with P & D Environmental in the amount of $10,000 for a total contract amount not to exceed $45,000 — Public Works Agency 25.M. AGMT NO. 2004-272 — SEXUAL ASSAULT EVIDENCE COLLECTION — Renew the agreement with Anaheim Memorial Medical Hospital for acute sexual assault exams and evidence collection in the amount of $650 per victim exam, $100 per victim follow-up examination and $150 per suspect examination — Police Department MISCELLANEOUS — BUDGET EM Motion: Authorize the sale of one surplus police canine vehicle to the Santa Ana Unified School District Police Department Glen Stroud expressed concerns relative to this matter MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 29.13. PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR INSTALLATION OF NEW STREET LIGHTS CITY COUNCIL MINUTES 386 DECEMBER 20, 2004 CONSENT CALENDAR Motion: Authorize two payments to Southern California Edison in the amount of $30,961.16 for the installation of new street lights on Main Street from Sunflower to Warner, and $11,953.56 for new street lights on Memory Lane from the Santa Ana River to Bristol. LAND USE MATTERS CONDITIONAL USE PERMITS / VARIANCES ME Filed by Caribou Industries to obtain variances from various provisions on the sign code for Original Mike's Restaurant at 100 South Main Street. Recommended action approved by the Planning Commission at its November 22, 2004 meeting by a vote of 4-2 (Mondo and Sinclair opposed, De La Torre absent) Applicant: Caribou Industries Motion: Matter set for Public Hearing on January 18, 2005 Council Meeting MOTION: Bustamante SECOND: Solorio VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR ORDINANCES/FIRST READING 50.A. ESTABLISH TITLE OF DEPUTY MAYOR PRO TEM AND ELECTION Continued from the December 6, 2004 City Council Meeting by a vote of 7-0 CITY COUNCIL MINUTES 387 DECEMBER 20, 2004 BUSINESS CALENDAR Motion: Continue the matter to January 18, 2005 Council Meeting MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55.A. NATURAL HAZARDS MITIGATION PLAN Motion: Adopt a Resolution. RESOLUTION NO. 2004-095 - A resolution of the City Council of the City of Santa Ana adopting a Natural Hazard Mitigation Plan in accordance with the requirements of the Federal Disaster Mitigation Act of 2000 MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.13. RESOLUTION SUPPORTING THE "ANAHEIM ANGELS" NAME Motion: Adopt a Resolution. RESOLUTION NO. 2004-096 - A resolution of the City of Santa Ana supporting the City of Anaheim's efforts to retain the name "Anaheim Angels" MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) CITY COUNCIL MINUTES 388 DECEMBER 20, 2004 BUSINESS CALENDAR 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 7:22 P.M. PROJECTS 23.A. APPROPRIATION ADJUSTMENT AND CONTRACT AWARD FOR FESTIVAL HALL RESTROOM IMPROVEMENTS (PROJECT 2741A) — PUBLIC WORKS AGENCY Continued from the November 15, 2004 City Council Meeting by a vote of 5-0 (Pulido and Solorio abstained) 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. Mayor Pulido also declared potential conflicts of interest on items 25N and 250 because of the interest of a former business partner in these projects and he left the room. Mayor Pro Tern Bist assumed the Chair. Councilmember Solorio left the room for Item 23A only. Motion: 1. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05-57 — Authorizing a $42,600 loan Repayment from the Central City Redevelopment Project Area and appropriate the funds to the Capital Outlay Fund expenditure account. 2. Award a contract to Thomco Construction, Inc., the lowest responsible bidder, in accordance with the lump sum amount of $33,500 for restroom improvements at Festival Hall. 3. Approve a Funding Analysis with a total estimated construction cost of $58,600. MOTION: Christy SECOND: Garcia CITY COUNCIL MINUTES 389 DECEMBER 20, 2004 VOTE: AYES: NOES: ABSTAIN: ABSENT: AGREEMENTS JOINT SESSION COUNCIUCRA Alvarez, Bist, Bustamante, Christy, Garcia, (5) None (0) Pulido, Solorio (2) None (0) 25.N. LOAN AGREEMENTS WITH WAKEHAM-GRANT. LP Recommended action approved by the Community Redevelopment and Housing Commission by a vote of 5:0 (Rodriguez absent) at its Regular Meeting of December 7, 2004. Motion: 1. Approve an agreement with Wakeham-Grant Apartments, a California Limited Partnership, to provide loans in an amount not to exceed $1,200,000. 2. Direct the City Attorney to prepare and authorize the Executive Director of the Community Development Agency to execute agreements and all other required documents as necessary. MOTION: Solorio SECOND: Christy VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) 25.0. LOAN AGREEMENTS WITH ORANGE HOUSING DEVELOPMENT CORPORATION AND AUTHORIZATION OF RELOCATION PLAN Recommended action approved by the Community Redevelopment and Housing Commission by a vote of 5:0 (Rodriguez absent) at its Regular Meeting of December 7, 2004 Motion: 1. Direct the City Attorney to prepare loan agreements with Orange Housing Development Corporation for the acquisition and CITY COUNCIL MINUTES 390 DECEMBER 20, 2004 JOINT SESSION COUNCIUCRA rehabilitation of four multi -family properties located at 1029, 1101, 1122 and 1126 South Minnie Street in an amount not to exceed $2,900,000 and authorize the Executive Director of the Community Development Agency to execute all required documents. 2. Adopt a resolution RESOLUTION NO. 2004-097 - A resolution of the City Council of the City of Santa Ana approving the relocation plan for residential properties in the Cornerstone Village Project to meet Federal and State mandated regulations for payment of relocation benefits MOTION: Solorio VOTE: AYES: PUBLIC HEARINGS SECOND: Garcia Alvarez, Bist, Bustamante, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: None (0) 75.A. PUBLIC HEARING - SALE OF AGENCY OWNED PROPERTY LOCATED AT 1633 EAST SIXTH STREET Councilmember Christy indicated a conflict of interest on Joint Item No. 75A due to her employment with Citibank (a subsidiary of Citigroup) and as a registered representative of Citicorp Investments Services, and left the meeting for this item only. Recommended action approved by the Community Redevelopment and Housing Commission by a vote of 5-0 (Rodriguez absent) at its Regular Meeting of December 7, 2004 Legal notice published in the Orange County Register on December 9 and 16, 2004 Motion: Adopt a Resolution. RESOLUTION NO. 2004-098 - A resolution of the City Council of the City of Santa Ana approving the sale of agency -owned property located 1633 E. Sixth Street to Carlos Morales and Ana Viera; authorizing the Executive Director to execute documents as necessary; and making certain findings with respect thereto, on behalf of the City CITY COUNCIL MINUTES 391 DECEMBER 20, 2004 JOINT SESSION COUNCIUCRA MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: Christy(1) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:26 P.M. FOLLOWED BY THE SANTA ANA FINANCING AUTHORITY AND HOUSING AUTHORITY. COUNCIL RECESSED TO THE JOINT SESSION BETWEEN THE CITY COUNCIL AND INDUSTRIAL DEVELOPMENT AUTHORITY AT 7:29 P.M. WORK STUDY SESSION W.S.A. Empowerment Zone Industrial Development Bonds — Community Development Agency Pat Whitaker, Executive Director, Community Development Agency briefed the Council relative to the two items on the Joint session between the City Council and the Industrial Development Authority. Highlights are as follows: • One of the incentives available to businesses within the Santa Ana Empowerment Zone is an allocation of $130 million for the issuance of Private Activity Bonds to qualified businesses • The Empowerment Zone has issued two prior bonds • The City has received applications from Cramer -Decker Industries requesting assistance in financing the acquisition of property located in the Empowerment Zone ( 1641 St. Andrew Place), and from Memory Experts International requesting assistance in acquiring the property located in the Empowerment Zone (1651 St. Andrew Place) • As a condition, 35 percent of the workforce for these industries must be Empowerment Zone residents • In addition to receiving approval by the Industrial Development Authority, the Tax Equity and Fiscal Responsibility Act (TEFRA) imposes public hearing requirements for tax-exempt bonds. • Before bonds can be sold, the Council must hold a public hearing CITY COUNCIL MINUTES 392 DECEMBER 20, 2004 PUBLIC HEARING Mir.] Motion rims] WORK STUDY SESSION BOND ALLOCATION FOR CRAMER-DECKER INDUSTRIES Recommended action approved by the Santa Ana Empowerment Corporation Board at its Regular Meeting of September 22, 2004 by a vote of 11:0 (Absent: Anton, Bracho, Brewster, Burrier-Lund, Forgarty, Haro, Medrano, and Mijares) Legal notice published in the Orange County Register on November 29, 2004 Adopt a resolution. RESOLUTION NO. 2004-099 - A resolution of the City Council of the City of Santa Ana approving the Industrial Development Authority of the City of Santa Ana entering into a loan or loans in a principal amount not to exceed $3,800,000 and lending the proceeds of such loan or loans to CD Andrew Property, LLC and Andrew SPE, LLC, as applicable and allocating an amount not to exceed $3,800,000 of the Santa Ana Empowerment Zone ceiling for private activity bonds for the benefit of the project to be financed pursuant to such loans MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BOND ALLOCATION FOR MEMORY EXPERTS INTERNATIONAL Recommended action approved by the Santa Ana Empowerment Corporation Board at its Regular Meeting of September 22, 2004 by a vote of 11:0 (Absent: Anton, Bracho, Brewster, Burrier-Lund, Forgarty, Haro, Medrano, and Mijares) Legal notice published in the Orange County Register on November 29, 2004 Motion: Adopt a resolution. CITY COUNCIL MINUTES 393 DECEMBER 20, 2004 WORK STUDY SESSION RESOLUTION NO. 2004-100 - A resolution of the City Council of the City of Santa Ana approving the Industrial Development Authority of the City of Santa Ana entering into a loan or loans in a principal amount not to exceed $4,700,000 and lending the proceeds of such loan or loans to NSHE Harlan, LLC and/or Memory Experts International (USA), Inc., as applicable and allocating an amount not to exceed $4,700,000 of the Santa Ana Empowerment Zone ceiling for private activity bonds for the benefit of the project to be financed pursuant to such loans MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY AT 7:35 P.M. COUNCIL RECONVENED AT 7:36 P.M. WITH THE SAME MEMBERS PRESENT COMMENTS 90.A. PUBLIC COMMENTS ' Ruth Shapin, Alec Marken, Paul Chavez, Jennie Rivera, Ellen Reese, Karla L, Duane Roberts, Naur Huitzilopochtli, Esmeralda Serrano, Scott Sink, Cristina Burton, Tlali, Justin Nichol, Justin Hewgill, Kaileen Cassedy, Phil Osborn, Anna Martinez, Debbie Leance, Richard Reynosa, Anwar Dominguez, and Lasha Dalton addressed the Council relative to concerns related to police response at a recent protest in Santa Ana R. Gill addressed the Council relative to concerns about bicycle safety in the City Stanley Fiala raised concerns related to the priority of safety in the City Alex Vega expressed support for the Santa Ana Police Department CITY COUNCIL MINUTES 394 DECEMBER 20, 2004 COMMENTS 90.13. CITY COUNCIL COMMENTS Councilmember Solorio • Asked Gerardo Mouet, Executive Director of Parks, Recreation and Community Services to give an update on the Rubber Boot race to be held on January 2, 2005 Councilmember Christy • Announced that the American Public Works Association honored Jim Ross, Executive Director of Public Works Agency as "Leader of the Year" • Wished Rod Coloma good luck in his retirement Mayor Pro Tern Bist • Asked the Council to adjourn in memory of Richard Freeman who had been a member of the City's Environmental and Transportation Advisory Committee for many years ADJOURNMENT — 8:37 P.M. — To January 3, 2005 at 5:30 p.m., City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California Adjourned in Memory of Richard "Dick" Freeman �4L5a riciat E. Healy Clerk of the Council CITY COUNCIL MINUTES 395 DECEMBER 20, 2004