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HomeMy WebLinkAbout2005-03-07 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA MARCH 7, 2005 CALLED TO ORDER COUNCIL CHAMBERS 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:18 P.M. ATTENDANCE: 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 PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Bob Barnett, Police Chaplain Note: Item 55.A. was taken out of order. 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - City Manager City Manager David Ream briefed the Council relative to the steps taken to ensure that the 4th District Court of Appeal stays in Santa Ana. He reported that since the February 18, 2005 special meeting, DVD copies of the meeting have been sent to the state and Federal elected officials, Judicial Council, Board of Regents, Neighborhood Associations, and California Public Works Board. Additionally, the City has requested notices of public hearings and CEQA notices for this project, and has requested one year of public records related to the 4th District Court of Appeal from the State General Services Agency, California Public Works Board, Court of Appeal, Judicial Council, UCI Chancellor's office, and UC Regents. He also noted that there were two agreements on tonight's CITY COUNCIL MINUTES 85 MARCH 7, 2005 agenda for public affairs and media relations consultant services related to the City's efforts to ensure the Fourth District Court of Appeal remains in Santa Ana. Council Discussion ensued. Motion: Approve the formation of an Ad Hoc Committee related to the 4th Court of Appeal comprised of three members (Alvarez, Bustamante, Pulildo). MOTION: Garcia VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bist Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) Direct staff to send a letter to Presiding Justice David Sills, signed by all Councilmembers, requesting that the proposals for the location of the 4th Court of Appeal be made public so that the best proposal for the taxpayers of California can be achieved. Motion: MOTION: Pulido VOTE: AYES: NOES: ABSTAIN: ABSENT: EMPLOYEE SERVICE AWARDS SECOND: Alvarez, Bist, Christy Alvarez, Bist, Bustamante, Christy, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) MAYOR PULIDO 20 YEARS OF SERVICE James L. Donnelly Bonnie L. Lam Jay A. Miller Jeffrey A. Owens Police Corporal, Police Department Housing Authority Analyst, Community Development Agency Police Sergeant, Police Department Police Lieutenant, Police Department CITY COUNCIL MINUTES 86 MARCH 7, 2005 30 YEARS OF SERVICE William G. Sandlin Fire Captain, Fire Department PRESENTATIONS Certificates of Recognition presented by MAYOR PULIDO to the individuals who contributed to the success of Santa Ana's first Rubber Boot Race to raise money for the City's Naturalist Program Certificates of Recognition presented by MAYOR PULIDO to Mary Bryant and Kay Housley of the Assistance League of Santa Ana for their philanthropic projects throughout the community Proclamations presented by MAYOR PULIDO to Dr. Doug Martin, President of the Santa Ana North Rotary Club, and Ms. Alice LeDoux, President of the Santa Ana Rotary Club on the occasion of the 1 ooth Anniversary of Rotary Club International Certificate of Recognition presented by MAYOR PULIDO to Peter Shikli of MegaChess for his generous donation of a giant Chess set to Santa Ana's Youth Chess Program Certificate of Recognition presented by MAYOR PRO TEM BIST to Steve and Jean Lowe of Swedish Asian Auto Service in celebration of their 25th Anniversary City Seal Tile presented by MAYOR PRO TEM BIST to Fortino Rivera for his invaluable service on the Recreation & Parks Board Proclamation presented by COUNCILMEMBER ALVAREZ to John Collins of Childhelp USA in recognition of April being declared National Child Abuse Prevention Month OATHS OF OFFICE Administered by the Clerk of the Council to the following: Name Board Ward Rep. Deana Mulkerin Library Board Ward 3 CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: CITY COUNCIL MINUTES 87 MARCH 7, 2005 CONSENT CALENDAR . Council member Christy abstained from item 11.A. due to her employment with Citibank and as a registered representative of Citicorp Investment Services. . Addition of Closed Session Report, Item 19A Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Solorio SECOND: Garcia VOTE: AYES: Bist, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. through 10.D.) 10.8. ADJOURNED REGULAR MEETING OF FEBRUARY 22, 2005 REGULAR MEETING OF FEBRUARY 22, 2005 10.A. 10.D. CLOSED SESSION FOR SPECIAL MEETING OF FEBRUARY 18,2005 SPECIAL MEETING OF FEBRUARY 18,2005 10.C. ORDINANCES SECOND READING 11.A. ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE CABLE TELEVISION ADVISORY BOARD Placed on first reading at the February 22, 2005 Council Meeting and approved by a 6-0 vote (Christy abstained) Published in the Orange County Reporter on February 25, 2005 Motion: Place ordinance on second reading and adopt. CITY COUNCIL MINUTES 88 MARCH 7, 2005 CONSENT CALENDAR 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 abstained on Item 11A 11.8. ORDINANCE REGULATING FORFEITURE OF VEHICLES THE SEIZURE, IMPOUND, AND Placed on first reading at the February 22, 2005 Council Meeting and approved by a 6-0 vote (Alvarez absent) Published in the Orange County Reporter on February 25, 2005 Motion: Place ordinance on second reading and adopt. 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 11.C. ZONING ORDINANCE AMENDMENT NO. 2004-06 - 2775 NORTH MAIN STREET Placed on first reading at the February 22, 2005 Council Meeting and approved by a 6-0 vote (Alvarez absent) Published in the Orange County Reporter on February 25, 2005 Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2676 - An ordinance of the City of Santa Ana amending Specific Development District (SD-59) Motion: Place ordinance on second reading and adopt. 11.D. DEVELOPMENT AGREEMENT NO. 2004-04 - 2775 NORTH MAIN STREET Placed on first reading at the February 22, 2005 Council Meeting and approved by a 6-0 vote (Alvarez absent) Published in the Orange County Reporter on February 25, 2005 CITY COUNCIL MINUTES 89 MARCH 7,2005 CONSENT CALENDAR Motion: Place ordinance on second reading and adopt. 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 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT AS OF MARCH 2, 2005 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. BOARD/COMMISSION Board of Parks & Recreation Cable Television Advisory Board Community Redevelopment / Housing Commission VACANCIES 1 3 WARD NA 1,3 & 5 2 Sr. Tenant & Tenant Environmental Transportation Advisory Committee (ETAC) 2 1 ~ NA 2 1,4& 6 Human Relations Youth Commission - Alternate TOTAL 12 BOARD/COMMISSION EXPIRED WARD TERMS Board of Parks & Recreation 2 1&6 Cable Television Advisory Board 1 Mayor Community Redevelopment! 3 1,5& Housing Commission Mayor Environmental and Transportation Committee 1 5 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 ~ 3&5 TOTAL 18 CITY COUNCIL MINUTES 90 MARCH 7, 2005 CONSENT CALENDAR 13.B. APPOINTMENTS Motion: Appoint. Michele Martinez to the Recreation & Parks Board, recommended by Councilmember Garcia as the Ward 6 representative for a full-term expiring on November 30, 2006 (Replacing J. Kendrick) Michael Quang Nguyen to the Youth Commission, recommended by Councilmember Garcia as the Ward 6 Alternate representative (Replacing A. Cazales) Reappoint Carina Ruvalcaba to the Youth Commission recommended by Councilmember Alvarez as the Ward 5, Regular representative for a full- term Reappoint Glen Wagstaff to the Youth Commission recommended by Councilmember Alvarez as the Ward 5, Alternate representative for a full- term 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 Meetina Aaendas Meetina Date Posted Time 15.A. City Council Agenda 02/22/05 02/17/05 8:10 am 15.8. Revised City Council Agenda 02/22/05 02/18/05 5:30 pm 15.C. Adj. Regular Meeting Agenda 02/22/05 02/18/05 5:05 pm 15.0. Adj. Special Meeting Agenda 02/18/05 02/17/05 4:40pm 15.E. City Council Agenda - Special Meeting 02/18/05 02/17/05 4:40 pm MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. CITY COUNCIL MINUTES 91 MARCH 7, 2005 CONSENT CALENDAR Honoree Date 16.B. 16.C. Vietnamese Community of Orange County, Inc.- "The Dream Ball" Fundraising Event NAACP Citizens of Distinction Awards Children's Dental Group - "Patient Appreciation Day" 02/18/05 02/26/05 02/27/05 16.A. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement. Efrain Gonzalez, Case Number ANA 0365123 vs. the City of Santa Ana; stipulated rating, $20,357.50 Robert Small v. City of Santa Ana, WCAB Case #: ANA 0380335, DOl 10/11/03, compromise and release in the amount of $91,665.00 Jerome Wilhoit v. City of Santa Ana, USCD Case Number SACV 00-1118, $150,000 Motion: Approve claim. Mary Aguirre Claim #: 2004-076; Date of Loss May 6, 2004, $15,000 19.B. EXCUSED ABSENCES - None BUDGETARY MATTERS 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. 04-005 - 24-HOUR EMERGENCY ROAD SERVICE - Renew the contracts for a one-year period in the following annual amounts not to exceed: Vendor: Parkhouse Tire, Inc. Pete's Road Service, Inc. Tarulli Tire, Inc. Location: Santa Ana Santa Ana Santa Ana Amount: $10,000 $20,000 $10,000 CITY COUNCIL MINUTES 92 MARCH 7, 2005 22.B. 22.C. 22.0. 22.E. 22.F. 22.G. 22.H. 22.1. CONSENT CALENDAR SPEC. NO. 04-083 - OFFICE FURNISHINGS - Amend the contracts based upon the U.S. Communities and County of Orange contracts for furniture by $24,000 for a total aggregate amount not to exceed $111,500 with the vendors as follows: Haworth, Inc. School Specialty (Tangram Virco Steelcase Interiors) Herman Miller, Inc. McMahan Desk SPEC. NO. 05-001 - RENOVATION OF RESTROOM FACILITIES - Award a contract to De La Secura, Inc. in the amount of $101,719 - Finance & Management Services SPEC. NO. 05-003 -INSTALLATION OF DAMAGE RESISTANT DOORS- Award a contract to Commercial Door of Orange County, Inc. in the amount of $18,843 - Finance & Management Services SPEC. NO. 05-011 - NETMOTION WIRELESS MOBILITY SOFTWARE AND MAINTENANCE - Award a contract to CDCE, Inc. in an annual amount not to exceed $17,367 - Finance & Management Services SPEC. NO. 05-012 - FIREFIGHTER HELMET SHIELDS - FIRE DEPARTMENT - SHIELDS - Award a contract to Firefighters' Safety, Inc. in an annual amount not to exceed $12,411 - Finance & Management Services SPEC. NO. 05-013 - FIRE HELMETS - FIRE DEPARTMENT - Award a contract to Allstar Fire Equipment, Inc. for the purchase of fire helmets, based on the Orange County Fire Authority's contract, in an annual amount not to exceed $55,000 - Finance & Management Services SPEC. NO. 05-019 - EMS EQUIPMENT MAINTENANCE - FIRE DEPARTMENT - Amend the contract with Stryker Medical Corporation to increase the aggregate limit by $10,000 for an annual amount not to exceed $20,000 - Finance & Management Services SPEC. NO. 05-023 - DEFIBRILLATORS - FIRE DEPARTMENT - Award a contract to ZOLL Medical Corporation, for the purchase of 10 manual defibrillators based on the City of Newport Beach contract in the amount of $258,550.72 - Finance & Management Services CITY COUNCIL MINUTES 93 MARCH 7, 2005 22.J. 22.K. CONSENT CALENDAR SPEC NO. 05-024 - MOTOROLA RADIO MODEMS - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to Motorola, Inc. in the amount of $5,859.66; and an additional $15,000 on the annual blanket contract - Finance & Management Services SPEC. NO. 05-026 - SWIMMING POOL EQUIPMENT AND WATER TREATMENT CHEMICALS - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Amend the contract with Pool Supply of Orange County to increase the aggregate limit by $10,000 for an annual amount not to exceed $20,000 - Finance & Management Services AGREEMENTS Motion: 25.A. 25.B. 25.C. 25.D. 25.E. 25.F. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.F.) AGMT NO. 2005-045 - MAINTENANCE AND REPAIRS OF AIR CONDITIONING AND HEATING SYSTEMS - Amend the agreement with ACCO Engineered Systems, Inc. by $25,000 for a total amount not to exceed $90,000 - Police Department AGMT NO. 2005-046 - DEVELOP A UASI COUNTYWIDE STRATEGIC PLAN FOR TERRORISM PREPAREDNESS - With URS Corporation in an amount not to exceed $395,100 - Police Department AGMT NO. 2005-047 - COMPUTERIZED CASHIERING SYSTEM AND HARDWARE MAINTENANCE - Amend the agreement with System Innovators Incorporated for one year in an amount not to exceed $29,500 - Finance & Management Services AGMT NO. 2005-048 - CUSTODIAL MAINTENANCE AT THE DEPOT - Execute an extension of the contract with L.A. Cha Maintenance Company for a four-month period, in the amount of $36,800 - Community Development Agency AGMT NO. 2005-049 - CABLE CONSULTING SERVICES - Amend the agreement with Communications Support Group, Inc. by $20,000 in an amount not to exceed $50,100 - City Attorney's Office AGMTS NO. 2005-050 & NO. 2005-051 - CONSULTANT SERVICES - Execute an agreement for public affairs and media relations consultant services related to the City's efforts to ensure the Fourth District Court of Appeals remains in Santa Ana in the amounts as follows: 94 MARCH 7, 2005 CITY COUNCIL MINUTES CONSENT CALENDAR Consultant: Waters & Faubel Glaab & Associates Amount: $10,000 $10,000 CONDITIONAL USE PERMIT / VARIANCES VARIANCE NO. 2005-01 - 801 NORTH ROSS STREET Filed by Hossein Malakooti to allow reductions of street setbacks in the professional (P) zoning district at 801 North Ross Street. Recommended action approved by the Planning Commission by a vote of 6-0 (Nalle abstained) at its February 14, 2005 meeting Motion: Receive and file the staff report approving Variance No. 2005-01 as conditioned *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR 55.A. RESOLUTION OF INTENT TO ENTER INTO A NONEXCLUSIVE CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH ADELPHIA CABLEVISION OF SANTA ANA 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: Adopt a resolution. RESOLUTION NO. 2005-027 - A resolution of the City Council of the City of Santa Ana declaring its intention to enter into a cable television franchise renewal agreement with Adelphia Cablevision of Santa Ana, LLC, for the operation of a cable television system CITY COUNCIL MINUTES 95 MARCH 7, 2005 MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: BUSINESS CALENDAR SECOND: Solorio Bustamante, Pulido, Bist, Garcia, Solorio (5) None (0) Christy (1 ) Alvarez (1) 55.B. RESOLUTION ESTABLISHING A PERMIT PARKING DISTRICT FOR THE MABURY PARK NEIGHBORHOOD Motion: Adopt a resolution. RESOLUTION NO. 2005-028 - A resolution of the City Council of the City of Santa Ana establishing the Mabury Park Permit Parking District MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Solorio Bustamante, Pulido, Bist, Christy, Garcia, Solorio (6) None (0) None (0) Alvarez (1) PUBLIC HEARING 75.A. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2005-2006 Public hearing regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2005-2006 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 21,2005 Staff presentation by Patricia Whitaker, Executive Director, Community Development Agency and CITY COUNCIL MINUTES 96 MARCH 7, 2005 PUBLIC HEARING Written communication: Communication received in support of Feedback Foundation, Inc from Orange County Supervisor Lou Correa The following individuals advocated on behalf of their respective organizations: Speakers: Sonia Miskulin Peggy Weatherspoon Georgia Preeble Margaret Hitasta Tish Leon Jimmy Gaston Linn Morgan Myra Duncan lIiana Soto Carolina Sarmiento Ron Brown Fran Williams Kathie Bowman John Collins Sister Eileen Jon Anderson Debbie Clinton Ron Plotts Penny Winkler Maria Halreksen Karyn Mendoza Molly Doughty Public hearing closed. Orqanization National Heritage (36) Feedback Foundation (22) Feedback Foundation (22) Feedback Foundation (22) Feedback Foundation (22) Feedback Foundation (22) Blind Children's Learning Center (5) Saint Joseph Ballet (51) Latino Youth Leadership Institute (28) Centro Cultural de Mexico (14) Orange County Teen Challenge (44) Williams Institute (64) WISE Place (65) Southwest Minority Economic Development Association (57) Taller San Jose (58) Career Beginnings of O.C. (12) Orange County Council, BSA (41) Phoenix House Orange County (47) CAR.E. Counseling (11) Families Together of Orange County (21) Orange County Bar Foundation (38 & 39) Achievement Institute (2) Motion: Continue the Item 30 Days. MOTION: Bist VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Garcia Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) None (0) None (0) None (0) CITY COUNCIL MINUTES MARCH 7,2005 97 COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 8:31 P.M. FOLLOWED BY THE HOUSING AUTHORITY COUNCIL RECONVENED AT 8:32 P.M. WITH THE SAME MEMBERS PRESENT. 90A PUBLIC COMMENTS Alex Vega addressed the Council relative to support for the Police Chief; Joseph Gerda, Connie Major and George Estrada spoke in opposition to Measure A (One Broadway Plaza Project) Ben Grabiel addressed the Council relative to revitalizing the Artists Village and adding a certified farmers market; Debbie McEwen addressed the Council relative to Code Enforcement positions in the upcoming budget 90.B. CITY COUNCIL COMMENTS Councilmember Garcia . Thanked Gerardo Mouet and City Staff for the successful Rodeo Event held at the Santa Ana stadium on Saturday, March 5, 2005 . Thanked Orange County Supervisor Lou Correa and Congresswoman Loretta Sanchez for supporting Santa Ana's bid for the 4th District Court of Appeal Council member Solorio . Congratulated the City Attorney's Office for encouraging City Staff to be actively involved in Santa Ana's Hispanic Bar Association; Lorena Peñaloza and Jose Sandoval were both recognized at the Hispanic Bar Association Installation of Officers Event on Saturday, March 5, 2005, where Council members Bustamante, Alvarez and Garcia also attended. . Noted that he and other Councilmembers attended the groundbreaking for the new Crevier Center Councilmember Christy . Congratulated the following members of the Santa Ana Police Department: Corporal Roger Alfaro, and officers Rodolfo Reynosa and Juan Gonzalez on their selection as uniform narcotics officers of the year by the California Narcotics Officers Association CITY COUNCIL MINUTES 98 MARCH 7, 2005 COMMENTS Mayor Pro Tem Bist . Asked the City Manager for an update on the Bristol Market Place . Asked staff to look into the possibility of obtaining advance funds from OCT A for road repair work . Noted that Laverne Gilbert, former owner of Shelley's Bistro was leaving town and recognized her for all her hard work Council member Alvarez . Congratulated the Saddleback boy's Soccer Team for recently winning a CIF championship . Reminded residents that the annual Mother's Day Mariachi Festival would be held on Sunday, May 7,2005 . Related an accident involving City firefighters and reminded residents to pull over when they hear emergency vehicle sirens in order to get out of the way . Reminded residents not to believe everything read in the newspapers specifically about the Court of Appeal and that there has been a lot of support from the legal community to house the Court in Santa Ana Council member Bustamante . Congratulated the three officers recognized by the California Narcotics Officers Association . Congratulated Gerardo Mouet for his assistance on the Rodeo held at the Santa Ana stadium Mayor Pulido . Addressed the concerns raised by speakers relative to increased traffic due to the One Broadway Plaza development . Asked the Council to adjourn in memory of Roger Johnson who was a high-ranking member in the Clinton administration and was the former CEO of Western Digital in Orange County; Mr. Johnson was a longtime board member of the Pacific Symphony Orchestra ADJOURNMENT - 9:00 p.m. - To Monda~, March 21, 2005 - 5:15 p.m. - Police Chief's Conference Room, 4 h Floor, 60 Civic Center Plaza, Santa Ana, California Patricia E. Healy Clerk of the Council Adjourned in Memory of ~W.JOh",O" CITY COUNCIL MINUTES 99 MARCH 7, 2005