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HomeMy WebLinkAbout2005-02-22MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA FEBRUARY 22, 2005 CALLED TO ORDER ATTENDANCE: PLEDGE OF ALLEGIANCE INVOCATION Note item WS.B. was taken out of order. POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:18 P.M. Councilmembers present: MAYOR PULIDO CLAUDIA ALVAREZ LISA BIST CARLOS BUSTAMANTE ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVE N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO Bob Barnett, Police Chaplain WORK STUDY SESSION W.S.B. Regional Water Quality: Future Funding & Governance Alternatives — Presented by Larry McKenney, Manager, Watershed & Coastal Resources Division, County of Orange Highlights of this presentation are as follows: • Orange County's economic prosperity depends upon clean water • The quality of life of Orange County residents depends upon clean water • Failure to protect water quality could result in legal liability • Objective of the Clean Water Act is to restore and maintain the chemical, physical and biological integrity of the nation's waters • The National Pollutant Discharge Elimination system ( NPDES) program applies to regulate discharges of urban runoff and storm water • Orange County has two NPDES permits: Santa Ana and San Diego Regional Water Quality Control Boards CITY COUNCIL MINUTES 66 FEBRUARY 22, 2005 WORK STUDY SESSION • Sources of pollution include: homes, businesses, construction sites, Municipal facilities • County activities for NPDES permit compliance include: monitoring, treatment systems, diversion, public education, TMDL compliance, watershed approach, and studies • City activities for NPDES permit compliance include: local implementation plans (LIPs) enforcement, constructed wetlands, diversion, treatment systems and education • Need partnership opportunities with special districts and non governmental entities • Special District activities include water supply and wastewater treatment, conservation, recycling, education, rate structures, runoff treatment and monitoring • Non - governmental organizations could be involved in monitoring, public education, scientific studies and advocacy • Water Quality costs are a concern and are expected to increase • State budget problems and the lack of dedicated funding sources continue to be challenges • Examples of capital projects include: diversion to sanitary sewer, diversion to package treatment plants, treatment wetlands, trash control devices, basins, water conservation technology, dredging project, stream or wetland restoration • Examples of non - capital operations and maintenance include sanitary sewer permit and treatment costs, water quality monitoring, laboratory certification and operation, supplies for sample collection and laboratory, monitoring and analysis equipment, water conservation, education and outreach, inspections and enforcement, and HAZMAT spill response • A regional funding source is needed to address future costs from increased regulatory requirements, including Total Maximum Daily Loads and to alleviate strain from the sources of funding that the cities and county currently use for water quality • Funding alternatives include: voter - approved initiatives, interagency cost - sharing agreements, utility surcharges, and Mello -Roos Community Facilities district • Future governance recommendation: Watershed Management Areas — County to serve as a regional program administrator, with implementation in three geographic sub -areas of the County CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmembers Alvarez and Bist abstained on Items 10.A. and 10.13. Addition of Closed Session Report, Item 19A CITY COUNCIL MINUTES 67 FEBRUARY 22, 2005 CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez VOTE: MINUTES AYES: NOES: ABSTAIN ABSENT: SECOND: Garcia Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS Motion: Approve minutes. (Items 10.A., and 10.13.) 10.A. ADJOURNED REGULAR MEETING OF FEBRUARY 7, 2005 10.13. REGULAR MEETING OF FEBRUARY 7, 2005 (Councilmembers Alvarez and Bist abstained on items 10.A. and 10.13.) ORDINANCE SECOND READING 11.A. AMENDMENT APPLICATION NO. 2004 -05 AND TENTATIVE TRACT MAP NO. 2004 -07 (COUNTY MAP NO. 16775) - 419 SOUTH NEWHOPE STREET Motion: Place ordinance on second reading and adopt. Placed on first reading at the February 7, 2005 Council Meeting and approved by a 5 -0 vote (Bist and Alvarez absent) Published in the Orange County Reporter on February 11, 2005 ORDINANCE NS -2675 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 419 South Newhope Street from two - family residence (R2) to single - family residence (R1) (AA No. 2004 -05) CITY COUNCIL MINUTES 68 FEBRUARY 22, 2005 CONSENT CALENDAR BOARDS /COMMISSIONS /COMMITTEES 13.A. VACANCY REPORT — FEBRUARY 16, 2005 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 3 1, 3 & 5 Community Redevelopment / Housing Commission 2 Sr. Tenant & Tenant Environmental Transportation Advisory Committee (ETAC) 13.13. COUNCIL COMMITTEE REPORTS CITY COUNCIL MINUTES 69 FEBRUARY 22, 2005 2 NA Library Board 1 3 Parks and Recreation Board 1 NA Youth Commission — Alternate 3 1, 4 &6 Youth Commission — Regular 1 1 TOTAL 13 BOARD /COMMISSION EXPIRED WARD TERMS Board of Parks & Recreation 2 1 & 6 Cable Television Advisory Board 1 Mayor Community 3 1, 5 & Mayor Redevelopment/Housing Commission Environmental and Transportation 1 5 Committee Historic Resources Commission 1 Mayor Library Board 1 5 Personnel Board 3 3,5 & Mayor Planning Commission 2 1 & Mayor Youth Commission — Regular 2 3 & 5 Youth Commission — Alternate 2 3 & 5 TOTAL 18 13.13. COUNCIL COMMITTEE REPORTS CITY COUNCIL MINUTES 69 FEBRUARY 22, 2005 Committee Name Main Street Development Public Safety Meeting 13.C. APPOINTMENTS Motion: Appoint. CONSENT CALENDAR Date 09/15/04 11/08/04 Deana Mulkerin to the Library Board, recommended by Councilmember Bustamante as the Ward 3 representative for a full -term expiring on November 30, 2008 (Replacing A. Pichardo) 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.C.) MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations /certificates into the Minutes. CITY COUNCIL MINUTES 70 FEBRUARY 22, 2005 Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 02/07/05 02/03/05 9:00 a.m. 15.B. City Council Agenda- Revised 02/07/05 02/03/05 4:55 p.m. 15.C. Adj. Regular Meeting Agenda 02/07/05 02/04/05 4:55 p.m. Council Committee Agendas Meeting Date Posted Time 15.E. Main Street Development 01/19/05 01/14/05. 4:45 p.m. 15.F. Neighborhood Improvement 02/15/05 02/11/05 2:45 p.m. 15.G. Neighborhood Improvement — Revised 02/15/05 02/15/05 11:30 p.m. 15.H. Main Street Development 02/16/05 02/11/05 2:45 p.m. 15.1. Main Street Development 02/16/05 02/14/05 11:30 p.m. 15.J. Main Street Development 02/16/05 02/15/05 11:45 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations /certificates into the Minutes. CITY COUNCIL MINUTES 70 FEBRUARY 22, 2005 Honoree CONSENT CALENDAR Date 16.A. Kickoff of Black History Month 02/05/05 16.B. Griffin Structures- Black History Month Sponsor 02/05/05 16.C. Villa Ford- Black History Month Sponsor 02/05/05 16.D. OC Alumnae Chapter Delta Sigma Theta Sorority Inc.- Black History Month Sponsor 02/05/05 16.E. Asian Community Development- Tsunami Relief 02/05/05 16.F. African Children Concert 02/07/05 16.G. Hue Quang Buddhist Temple- Vietnamese New Year 02/08/05 16.H. Hispanic Influentials Award Recipients 02/11/05 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlements William Chaney, Claim #03 -2352 vs. City of Santa Ana compromise and release in the amount of $125,000. Roland Clark, WCAB Case # riv 0054827; 0054826, date of injury: 10/22/2002, 9/11/2002 ct vs. City of Santa Ana compromise and release in the amount of $90,000. 19.B. EXCUSED ABSENCES - None 19.C. UNITED STATES CONFERENCE OF MAYORS DUES Motion: Authorize the City of Santa Ana's membership with the United States Conference of Mayors in the amount of $16,025 — City Manager's Office 19.D. LEAGUE OF CALIFORNIA CITIES ANNUAL DUES Motion: Authorize the City of Santa Ana's membership with the League of California Cities in the amount of $49,168. - City Manager's Office BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT RECOGNIZING RECREATION GIFTS AND DONATIONS CITY COUNCIL MINUTES 71 FEBRUARY 22, 2005 CONSENT CALENDAR Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 05 -086 - Recognizing $141,421 in Recreation Special Fees and Donations revenue account and appropriate funds to Recreation Special Fees and Donations expenditure accounts. GRANTS /APPLICATIONS 21.A. MEASURE M COMBINED TRANSPORTATION FUNDING PROGRAMS — GRANT APPLICATIONS Motion 1. Adopt a resolution. RESOLUTION NO. 2005 -021 — A resolution of the City Council of the City of Santa Ana approving the submittal of improvement projects to the Orange County Transportation Authority for funding under the Combined Transportation Funding Program 2. Direct Staff to amend the seven -year Capital Improvement Program to incorporate the Combined Transportation Funding Programs projects list. 21.B. 2005 URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM Motion: Adopt a resolution. RESOLUTION NO. 2005 -022 -A resolution of the City Council of the City of Santa Ana authorizing the City Manager, the Chief of Police and the Fire Chief to submit a grant application to the State of California Office of Emergency Services for the FY 2005 Urban Area Security Initiative Grant Program SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.H.) 22.A. SPEC. NO. 04 -108 - REMOVAL AND INSTALLATION OF CARPET - FIRE DEPARTMENT - Award a contract to Tile & Carpet Unlimited in an amount not to exceed $19,100 - Finance & Management Services 22.B. SPEC. NO. 04 -156 - GLOCK GUNS — POLICE DEPARMENT - Award a contract to Proforce Marketing d /b /a Proforce Law Enforcement in the amount of $12,565.37 - Finance & Management Services CITY COUNCIL MINUTES 72 FEBRUARY 22, 2005 CONSENT CALENDAR 22.C. SPEC. NO. 05 -002 - MIDSIZE PICKUP TRUCKS - Award a contract to Don Koff Ford for the purchase of two new midsize pickup trucks in the amount of $36,660.69 - Finance & Management Services 22.D. SPEC. NO. 05 -004 - HAZMAT ID COMMAND SYSTEM — FIRE DEPARTMENT - Award a contract to Smiths Detection in the amount of $67,478.44 - Finance & Management Services 22.E. SPEC. NO. 05 -007 HEATING, VENTILATION, AND AIR CONDITIONING FILTERS - Award a contract to P.L. Hawn Co., Inc. for a two -year period, with provision for two one -year renewals, in an annual amount not to exceed $40,631 - Finance & Management Services 22.F. SPEC. NO. 05 -014 - INDUSTRIAL AND MATERIAL HANDLING SUPPLIES - Amend the contract with McMaster -Carr Supply Co. to increase the aggregate amount by $10,000 for an annual amount not to exceed $20,000 - Finance & Management Services 22.G. SPEC. NO. 05 -017 - ALTERNATIVE FUELING PROJECT - Amend the contract with Gas Equipment Systems, Inc. to increase the aggregate limit by $5,000 for an annual amount not to exceed $15,000 - Finance & Management Services 22.H. SPEC. NO. 05 -018 - INSTALLATION OF A STORAGE SHED - Amend the contract with Tuff Shed to increase the aggregate limit by $10,000 in an annual amount not to exceed $15,000 - Finance & Management Services PROJECTS 23.A. CONTRACT AWARD FOR MADISON PARK NEIGHBORHOOD IMPROVEMENTS AND NEIGHBORHOOD SPONSORED PROJECTS (PROJECT NOS. 05 -7808 AND 04 -7706) Motion: 1. Award a contract to Pete & Sons Construction, Inc. the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $108,787.50 2. Approve a Funding Analysis with a total estimated construction cost of $136,300 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.L.) CITY COUNCIL MINUTES 73 FEBRUARY 22, 2005 CONSENT CALENDAR 25.A. AGMT NO. 2005 -033 - CITYWIDE DESIGN GUIDELINES — Execute an amendment to the agreement with RBF Consultants for an additional $25,000 for completion of citywide design guidelines — Planning & Building Agency 25.B. AGMT NO. 2005 -034 - LEASE AGREEMENT - THE DEPOT - Execute a lease agreement with Lennar Homes for use of the 5th floor conference room at The Depot at Santa Ana - Community Development Agency 25.C. AGMT NO. 2005 -035 - MUNICIPAL PARKING GARAGE OPERATOR - Execute a management agreement with Ace Parking, Inc. for the operation of four Downtown public parking garages for a one -year period at a fixed rate not to exceed $11,940 - Community Development Agency 25.D. AGMT NO. 2005 -036 — GRANT MANAGEMENT SERVICES — Execute an amendment to the agreement with Waste Management Inc. for management of the City's recycling grants — Public Works Agency 25.E. AGMT NO. 2005 -037 - AUTOMATED PARKING CITATION SYSTEM - With the Phoenix Group to provide an Automated Parking Citation System in an amount not to exceed $130,000 — Police Department 25.F. AGMT NO. 2005 -038 - AUTOMATED MUG PHOTO SYSTEM - With ImageWare Systems, Inc. in an amount not to exceed $22,000 — Police Department 25.G. AGMT NO. 2005 -039 - MOBILE COMMAND CENTER - With LDV, Inc. for the purchase of a Mobile Command Center in an amount not to exceed $475,000 — Police Department 25.H. AGMT NO. 2005 -040 - ACCOUNTING MANAGEMENT SERVICES - With Moreland & Associates Inc. in an amount not to exceed $75,000 — Finance & Management Services 25.1. AGMT NO 2005 -041 — PAYROLL CONSULTING SERVICES — With Dawna Whaley in an amount not to exceed $90,000 - Finance & Management Services 25.J. AGMT NO. 2005 -042 — ACQUISITION AND RELOCATION OF APOLLO MUFFLER AND RADIATOR SERVICES, INC. — Execute acquisition and relocation agreements with Apollo Muffler and Radiator Services, Inc. totaling $483,567 — Public Works Agency 25.K. AGMT NO. 2005 -043 - STREET SWEEPER BROOM RE- WRAPPING - With American Rotary Broom Co., Inc. for a one -year period in an annual amount not to exceed $82,000 — Finance & Management Services CITY COUNCIL MINUTES 74 FEBRUARY 22, 2005 CONSENT CALENDAR 251. AGMT NO. 2005 -044 - ALLEGED SEXUAL ASSAULT VICTIM EXAMINATIONS - With the Orange County Health Care Agency's Child Abuse Services Team for a one -year period in an annual amount not to exceed $15,000 — Police Department CONDITIONAL USE PERMIT /VARIANCES 31.A. EXTENSIONS OF CONDITIONAL USE PERMIT NO. 2004 -31 AND CONDITIONAL USE PERMIT NO. 2002 -32 - 3801 SOUTH BRISTOL STREET Filed by Chevron, Inc. to request an extension of entitlements to allow the construction of a gas station and convenience store, and to allow the after hours operation of the facility located at 3801 South Bristol Street Motion: Adopt resolution. RESOLUTION NO. 2005 -023 - A resolution of the City Council of the City of Santa Ana extending Conditional Use Permit No. 2002 -31 as conditioned and Conditional Use Permit No. 2002 -32 as conditioned for one year for the property located at 3801 South Bristol Street * ** END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ORDINANCES 50.A. ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE CABLE TELEVISION ADVISORY BOARD Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS -2678 - An ordinance of the City of Santa Ana repealing Division 11, Sections 2 -660 thru 2 -661 of the Santa Ana Municipal Code regarding the Cable Television Advisory Board Councilmember Christy declared a potential conflict of interest due to her employment with Citibank and as a registered representative of Citicorp Investment Services; she abstained and left the room for this item only MOTION: Alvarez SECOND: Bist CITY COUNCIL MINUTES 75 FEBRUARY 22, 2005 BUSINESS CALENDAR VOTE: AYES: Alvarez, Bist, Bustamante, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: Christy (1) ABSENT: None (0) 50.13. ORDINANCE REGULATING THE SEIZURE, IMPOUND, AND FORFEITURE OF VEHICLES Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NS -2679 — An ordinance of the City Council of the City of Santa Ana adding article XI- seizure, impoundment and forfeiture of vehicles, Sections 10 -600 through 10 -611 to the Santa Ana Municipal Code relating to seizure, impoundment and forfeiture of vehicles used to solicit or to engage in acts of prostitution or illegal drug activity Staff presentation by Lt. David Valentin, Police Department Roy Melcher, Kimberly Adessian, Tom Lamere, and Roy Alvarado addressed the Council in support of the proposed ordinance Councilmember Alvarez left the meeting at 7:03 p.m. MOTION: Bustamante VOTE: AYES NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Garcia Bist, Bustamante, Christy, Garcia, Pulido, Solorio (6) None (0) None (0) Alvarez (1) 55.A. RESOLUTION FOR SAFE SURRENDER SITE PROGRAM Motion: Adopt a resolution. CITY COUNCIL MINUTES 76 FEBRUARY 22, 2005 BUSINESS CALENDAR RESOLUTION No. 2005 -024 - A resolution of the City Council of the City of Santa Ana approving the City's participation in the Safe Surrender Sites Program and requesting the Orange County Board of Supervisors to designate all municipal fire stations within the City of Santa Ana jurisdiction as "safe - surrender sites" for newborns Staff presentation by Phil Garcia, Fire Chief, Fire Department MOTION: Christy SECOND: Garcia VOTE: AYES: Bist, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: ABSTAIN: ABSENT: None (0) None (0) Alvarez (1) 55.6. RESOLUTION REQUESTING EXTENSION OF APPOINTMENT OF THE INTERIM POLICE CHIEF Motion: Adopt a resolution. RESOLUTION NO. 2005 -025 — A resolution of the City Council of the City of Santa Ana requesting approval from the Board of Administration of the Public Employees' Retirement System for the appointment of the Interim Police Chief to exceed 960 hours during the 2005 calendar year MOTION: Bist SECOND: Solorio VOTE: AYES: Bist, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) 55.C. PROPOSED AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS AND ANNUAL BUDGET Motion: Adopt a resolution. CITY COUNCIL MINUTES 77 FEBRUARY 22, 2005 BUSINESS CALENDAR RESOLUTION NO. 2005 -026 — A resolution of the City Council of the City of Santa Ana to amend Resolution Nos. 82 -110, 91 -066 and 96 -095 to effect certain changes to the City's basic classification and compensation plans, and to amend the current annual budget to add, delete and reallocate positions in several City departments MOTION: Bist SECOND: Garcia VOTE: AYES: Bist, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) REPORTS 65.A. APPEAL NO. 2004 -02 (HISTORIC RESOURCES COMMISSION APPLICATION NO. 2003 -45 AND HISTORIC REGISTER CATEGORIZATION NO. 2003 -47) - 924 NORTH LOWELL STREET 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 the structure, 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 abstained) Public hearing closed September 7, 2004 Continued by the City Council from September 7, 2004 Meeting by 5 -2 vote (Alvarez, abstained and Garcia, absent) CITY COUNCIL MINUTES 78 FEBRUARY 22, 2005 BUSINESS CALENDAR Continued from the October 4, 2004 City Council Meeting for 60 days by a vote of 6 -0 (Alvarez, abstained) Continued from the November 15, 2004 City Council Meeting for 60 days by a vote of 6 -0 (Alvarez, abstained) Connie Major addressed the Council relative to the importance of the Santa Ana Register of Historical Properties and recommended inclusion of this property Motion: Continue the matter for 30 days. MOTION: Bist SECOND: Solorio VOTE: AYES: Bist, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) 65.B. APPEAL NO. 2004 -07 (HISTORIC RESOURCES COMMISSION APPLICATION NO. 2004 -05 AND HISTORIC REGISTER CATEGORIZATION NO. 2004 -05) - 1905 NORTH VALENCIA STREET 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 Legal 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 Continued from the November 15, 2004 City Council Meeting for 60 days by a vote of 7 -0 Motion: Continue the matter for 30 days. CITY COUNCIL MINUTES 79 FEBRUARY 22, 2005 BUSINESS CALENDAR MOTION: Bist SECOND: Solorio VOTE: AYES: Bist, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) PUBLIC HEARINGS PUBLIC HEARINGS 75.A. ENVIRONMENTAL IMPACT REPORT NO. 2004 -01; ZONING ORDINANCE AMENDMENT NO. 2004 -06; DEVELOPMENT AGREEMENT NO. 2004 -04; CONDITIONAL USE PERMIT NO. 2004 -28; VESTING TENTATIVE TRACT MAP NO. 2004 -06 (COUNTY MAP NO. 16565); AND SITE PLAN REVIEW NO. 2004 -05 — 2775 NORTH MAIN STREET Filed by Robert Bisno for Transaction Financial Corporation to allow the construction of the City Place Development consisting of Commercial and residential uses located at 2775 North Main Street Recommended action approved by the Planning Commission by a vote of 6 -1 (Sinclair opposed) at its December 13, 2004 meeting Legal Notice published in the Orange County Reporter on January 28, 2005 and mailed Applicant: Transaction Financial Corporation Continued from the February 7, 2005 Council meeting by a vote of 5 -0 (Bist and Alvarez absent) Written Communication received at the meeting: Communication received from Cecile D. LaForce requesting a four week continuance so that neighbors can become more informed Martha McMillan and Cecile LaForce spoke in opposition to the proposed project; Jack Hamilton and Jeff Dickman expressed concerns about the proposed high -rise tower; Connie Major expressed concerns relative to Santiago Park and recommended that the park fees collected from the project be dedicated to Santiago Park; Jim Kendrick spoke in support of the project CITY COUNCIL MINUTES 80 FEBRUARY 22, 2005 PUBLIC HEARINGS The public hearing was closed Motion: 1. Adopt a resolution. RESOLUTION NO. 2005 -016 — A resolution of the City Council of the City of Santa Ana certifying and approving the Environmental Impact Report, approving a mitigation monitoring program, and adopting certain facts, findings and a statement of overriding considerations for the property located at 2725 North Main Street 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2676 - An ordinance of the City of Santa Ana amending Specific Development District (SD -59) 3. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2677 - An ordinance of the City Council of the City of Santa Ana approving a Development Agreement between the City of Santa Ana and Main Street Concourse, LLC 4. Adopt a resolution. RESOLUTION NO. 2005 -017 — A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2004 -28 as conditioned, vesting Tentative Tract Map No. 2004 -07 as conditioned and Site Plan Review No. 2004 -05 for the property located at 2775 North Main Street (County Map No. 16565) MOTION: Pulido SECOND: Solorio VOTE: AYES: Bist, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:51 P.M. COUNCIL RECONVENED AT 7:52 P.M. WITH THE SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 81 FEBRUARY 22, 2005 WORK STUDY SESSION W.S.A. Water Tower Rendering, presented by Joe Duffy of Truth and Advertising Item was continued indefinitely COMMENTS 90.A. PUBLIC COMMENTS Steve McGuigan announced that there would be a kickoff event for the Relay for Life on March 16, 2005; he further noted that the Relay for Life would be held on June 25 -26, 2005 Glen Stroud asked the Council to support code enforcement as the City goes through the budget process for 2005 -06 90.B. CITY COUNCIL COMMENTS Councilmember Garcia • Asked the Council to adjourn in memory of John Raitt who was a noted actor and Broadway performer and whose family had strong Santa Ana ties. His grandfather T.L. Raitt owned the Rich Milk Company; Mr. Raitt died at the age of 88. Councilmember Bustamante • Thanked staff for their efforts in coordinating the Special Council meeting on the 4th Appellate Court Councilmember Christy • Noted that on Friday, February 18, 2005 she attended an event sponsored by the Vietnamese Community of Orange County entitled "Dream Ball "; she noted that the organization honored the City of Santa Ana Councilmember Solorio • Thanked staff for their efforts in securing OCTA grant funds • Asked staff to provide the Council with an update on the Grain Project Mayor Pulido • Noted that John Raitt had a dream for a theatre in the City of Santa Ana ADJOURNMENT — 8:05 P.M. — To March 7, 2005 at 5:30 p.m., City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California Adjourned in Memory of John Raitt J�v Patricia E. E. Heealny Clerk of the Council CITY COUNCIL MINUTES 82 FEBRUARY 22, 2005