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Home My WebLink About2005-07-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE: ABSENT PLEDGE OF ALLEGIANCE JULY 5, 2005 COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:15 P.M. Councilmembers present: MIGUEL PULIDO, Mayor (6:45 p.m.) CLAUDIA ALVAREZ CARLOS BUSTAMANTE ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO LISA BIST, Mayor Pro Tern STAFF Present: DEBRA KURITA, Assistant City Manager BENJAMIN KAUFMAN, Chief Assistant City Attorney PATRICIA E. HEALY, Clerk of the Council COUNCILMEMBER CHRISTY INVOCATION Warren Johnson, Police Chaplain Note: The Presentation items were taken out of order. PRESENTATIONS *Special Presentation by the Orange County Human Relations Commission to the Santa Ana Police Department Animal Services for excellence with the Pet Amigos Program Certificate of Recognition presented by COUNCILMEMBER CHRISTY to Waxie Sanitary Supply on the occasion of their 60' Anniversary Certificates of Recognition presented by COUNCILMEMBER ALVAREZ to the Camacho Family for winning first place win at the "Family Pride Club Arts and Crafts Competition", the Orange County Probation Department, and the Perfect Game Fund for their generous donations to the event CITY COUNCIL MINUTES 237 JULY 5, 2005 PRESENTATIONS Certificates of Recognition presented by COUNCILMEMBER SOLORIO to the "Coca Cola Girls" soccer team for their success as Regional Champions of the 2005 season Certificate of Recognition presented by COUNCILMEMBER SOLORIO to the "Santa Ana Bulls" of the National Junior Basketball League for their success advancing to the NJB Spring League Championship Game during the Spring 2005 season *City Tile presented by COUNCILMEMBER BUSTAMANTE to Kimberly Sinclair for her service on the Planning Commission *City Tile presented by COUNCILMEMBER BUSTAMANTE to Conrad Gallegos for his service on the Cable Television Advisory Board *City Tile presented by COUNCILMEMBER BUSTAMANTE to Alfredo Zarate for his service on the Personnel Board *City Tile presented by COUNCILMEMBER BUSTAMANTE to Robert Munoz for his service on the Environmental Transportation & Advisory Committee Certificate of Recognition presented by COUNCILMEMBER BUSTAMANTE to the Floral Park Neighborhood Association for their "Neighborhoods USA, Neighborhood of the Year Award" Certificate of Recognition presented by COUNCILMEMBER BUSTAMANTE to Michael Escobedo for receiving the Kiwanis Scholarship Mayor Pulido arrived at the meeting at 6:45 P.M. and assumed the Chair EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Esther M. Cossios Sr. Office Assistant, Fire Department 25 YEARS OF SERVICE Miguel R. Gonzalez Equipment Operator, Public Works Agency Arnold Navar Street Lighting Maintenance Worker, Public Works Agency 30 YEARS OF SERVICE Irma V. Mandell Police Sergeant, Police Department Certificate of Recognition presented by MAYOR PULIDO to Detention Officer Robert Amador in special recognition of his dedication to the United States of America in Operation Nobel Eagle and Operation Enduring Freedom CITY COUNCIL MINUTES 238 JULY 5, 2005 PRESENTATIONS Certificates of Recognition presented by MAYOR PULIDO to Sandra Ault and Chieu Vu for their heroic efforts administering C.P.R. to a civilian in need Certificates of Recognition presented by MAYOR PULIDO to Daniella Talia Cook and Van Chung for their winning stories in the "Library Stories Contest' *Not present OATH OF OFFICE Administered by the Clerk of the Council to Silvia Edwards, Environmental Transportation & Advisory Committee CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmember Solorio pulled Item 20.A. for separate discussion • Councilmember Christy voted "no" on item 31.E. • Addition of Closed Session Report, Item 19.A. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Christy VOTE: AYES: Alvarez, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bist (1) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. through 10.6.) CITY COUNCIL MINUTES 239 JULY 5, 2005 CONSENT CALENDAR 10.A. ADJOURNED REGULAR MEETING OF JUNE 20, 2005 10.13. REGULAR MEETING OF JUNE 20, 2005 ORDINANCES SECOND READING 11.A. Motion ORDINANCE AMENDING SECTION 36-488 OF THE SANTA ANA MUNICIPAL CODE RELATING TO DISPLAY OF PERMITS Placed on first reading at the June 6, 2005 Council Meeting and approved by a 7-0 vote Published in the Orange County Reporter on June 24, 2005 Place ordinance on second reading and adopt. ORDINANCE NS-2689 - Adopt an Ordinance amending Section 36-488 of the Santa Ana Municipal Code relating to display of permits 11.13. AMENDMENT APPLICATION NO. 2005-01, AND DEVELOPMENT AGREEMENT 2005-02, FOR THE MACARTHUR PLACE SOUTH PROJECT - 1, 9, 10 EAST HUTTON CENTRE DRIVE AND 101 EAST SANDPOINTE AVENUE Placed on first reading at the June 20, 2005 Council Meeting and approved by a 7-0 vote Published in the Orange County Reporter on June 24, 2005 Motion: Place ordinances on second reading and adopt. ORDINANCE NO. NS-2690 - An ordinance of the City Council of the City of Santa Ana adopting the Hutton Centre Mixed Use Specific Development District (SD-76) and rezoning the property located at 1-7 and 9-11 East Hutton Center Drive and 101, 200, 201 and 203 East Sandpointe Avenue from General Commercial (C2) Zoning District to Hutton Centre Mixed Use Specific Development District (SD-76) (AA NO. 2005-01) ORDINANCE NO. NS-2691 - An ordinance of the City Council of the City of Santa Ana approving a development agreement between the City of Santa Ana and the Grand Plan 1, LLC CITY COUNCIL MINUTES 240 JULY 5, 2005 CONSENT CALENDAR NOTICE OF PUBLIC HEARINGS 12.A. ABANDONMENT NO. 03-05: TO VACATE A PORTION OF BROADWAY PLACE AND BROADWAY WEST OF MAIN STREET Motion: 1. Adopt a resolution. RESOLUTION NO. 2005-065 - A resolution of the City Council of the City of Santa Ana declaring its intention to vacate a portion of Broadway Place and Broadway West of Main Street, setting a public hearing thereon, and directing notice thereof to be posted and published (Abandonment No. 03-05) 2. Set a public hearing for August 1, 2005. BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT — JUNE 29. 2005 The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. BOARD/COMMISSION VACANCIES WARD Community Redevelopment / 2 Sr. Tenant Housing Commission & Tenant Environmental Transportation Advisory Committee (ETAC) Santa Ana 1 Chamber Youth Commission —Alternate 2 1 & 4 TOTAL 5 BOARD/COMMISSION EXPIRED WARD TERMS Board of Parks & Recreation 1 1 Community Redevelopment/ 2 1 Housing Commission &Mayor Environmental and Transportation 1 5 Committee Library Board 1 5 Personnel Board 2 5 & Mayor CITY COUNCIL MINUTES 241 JULY 5, 2005 CONSENT CALENDAR Planning Commission 2 1 & Mayor Youth Commission — Regular 1 3 Youth Commission — Alternate 1 3 TOTAL 11 13.6. APPOINTMENT Continued from the June 20, 2005 City Council Meeting by a vote of 7-0 Motion: Continue consideration of the appointment of Rigoberto Rodriguez to the Planning Commission recommended by Councilmember Solorio as the Ward 1 representative for a full -term expiring on November 30, 2008 (Replacing Mondo, G) to the July 18, 2005 City Council Meeting 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.D.) Council Meetina Agendas Meeting Date Posted Time 15.A. City Council Agenda 06/20/05 06/16/05 12:45 p.m. 15.B. City Council Agenda -Revised 06/20/05 06/17/05 4:45 p.m. 15.C. Adj. Regular Meeting Agenda 06/20/05 06/17/05 5:00 p.m. 15.D. Special Meeting Agenda 06/24/05 06/22/05 4:20 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree Date 16.A. Marcia Caress 35 year Retirement 06/16/05 16.13. Rededication of Santa Ana Federal Building 06/16/05 CITY COUNCIL MINUTES 242 JULY 5, 2005 CONSENT CALENDAR 16.C. Tiny Tots Graduate- Jerome Center 06/17/05 16.D. The Parent Institute for Quality Education 06/23/05 16.E. El Sol Science and Arts Academy Volunteers 06/24/05 16.F. McDonalds 06/25/05 16.G. Dr. John Bennett 06/27/05 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement. Gilbert Sepeda vs the City of Santa Ana, Case Numbers ANA 317593, 0301039, 219135 compromise and release in the amount of $43,500. 19.13. EXCUSED ABSENCES Motion: Excuse the absence of Mayor Pro Tern Bist from the July 5, 2005 Council Meeting and Councilmember Christy from the June 24, 2005 Special Council Meeting BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO.- 05-129 - Recognizing $172,968 in the Orange County Transportation Authority Senior Mobility Program revenue accounts and appropriate funds to the Senior Mobility Program expenditure accounts MOTION: Solorio SECOND: Alvarez VOTE: AYES: Alvarez, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bist, Bustamante (2) CITY COUNCIL MINUTES 243 JULY 5, 2005 CONSENT CALENDAR 20.13. APPROPRIATION ADJUSTMENT ACCEPTING COUNTY OF ORANGE FAMILIES AND COMMUNITIES TOGETHER GRANT FUNDS Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO.-05-130 - Accepting $65,497 in County of Orange Families and Communities Together Grant funds in revenue account and appropriate funds into Families and Communities Together program expenditure accounts 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. 01-076 - LANDSCAPE MAINTENANCE OF STREET MEDIANS AND VARIOUS PUBLIC FACILITIES - PUBLIC WORKS AGENCY - Renew the contract with Midori Gardens for a one-year period in an annual, amount not to exceed $600,000 - Finance & Management Services Agency 22.6. SPEC. NO. 02-078 - MISCELLANEOUS PLUMBING SUPPLIES - Renew the contract with Irvine Pipe & Supply for a one-year period in an annual amount not to exceed $48,000 — Finance & Management Services Agency 22.C. SPEC. NO. 03-041 CHARTER BUS SERVICES - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Renew the contract with Certified Transportation Services, Inc. for a one-year period in an annual amount not to exceed $45,000 - Finance & Management Services Agency 22.D. SPEC. NO. 03-047 - ANIMAL FOOD - PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Renew the contract with Midway City Feed Company for a one-year period in an annual amount not to exceed $30,000 - Finance & Management. Services Agency 22.E. SPEC. NO. 04-010 - ASPHALT STREET MAINTENANCE - PUBLIC WORKS AGENCY - Renew the contract with Hardy & Harper, Inc., for a one-year period in an annual amount not to exceed $326,910 - Finance & Management Services Agency 22.F. SPEC. NO. 04-046 - ASPHALT POTHOLE REPAIRS AND SIDEWALK MAINTENANCE - PUBLIC WORKS AGENCY - Renew the contract with Hardy & Harper, Inc., for a one-year period in an annual amount not to exceed $325,000 — Finance & Management Services Agency CITY COUNCIL MINUTES 244 JULY 5, 2005 CONSENT CALENDAR 22.G. SPEC. NO. 05-009 DISPATCH CONSOLES — POLICE DEPARTMENT - Motion: 1. Reject the alternate bid — Option B from Watson Furniture Group, Inc. as nonresponsive to the specifications. 2. Award a contract to Ergoflex Systems Inc d/b/a XYBIX Systems, Inc. to deliver and install Dispatch Consoles in the amount of $171,644.49. 22.H. SPEC. NO. 05-060 STEEL DOOR REPLACEMENTS AT WATER PUMPING STATIONS — PUBLIC WORKS AGENCY - Award a contract to Action Door Repair Corp. in the amount of $18,235.69 — Finance & Management Services Agency 22.1. SPEC. NO. 05-065 FERTILIZERS AND WATER TREATMENT CHEMICALS - Award contracts for a one-year period with provision for one one-year renewal, in the following annual amounts not to exceed: Bidder: Location: Categories: Amount: Waterline Technologies, Santa Ana Water Treatment $76,529 Inc. Target Specialty Santa Fe Springs Fertilizers $10,518 Products 22.J. SPEC. NO. 05-071 - LANDSCAPING AND HAND TOOLS - Award contracts for landscaping and hand tools for a two-year period with provision for two one-year renewals in the following annual amounts not to exceed: Bidder: Location: Categories: Amount: Shamrock Supply Co., Inc. Santa Ana A, B, C, E, G, H, $35,514 I, J, K, M, N, O, R, and walk-in Omni Western, Inc. Anaheim D, F, L, P, S $ 8,033 Kathco Products Commerce Q $ 1,510 22.K. SPEC. NO. 05-074— CITY VEHICLES — Award a contract to Guaranty Chevrolet in the amount of $66,432.17; and an additional $10,000 for the annual blanket contract. — Finance & Management Services Agency PROJECTS 23.A. REJECTION OF BIDS FOR MAIN STREET WATER MAIN IMPROVEMENTS (PROJECT 05-3197) CITY COUNCIL MINUTES 245 JULY 5, 2005 CONSENT CALENDAR Motion: Reject all bids for the Main Street Water Main Improvements project and authorize staff to re -advertise. 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.E.) 25.A. AGMT NO. 2005-163 - BUILDING PLAN CHECK SERVICES - Execute an amendment to the agreement with Willdan in an amount not to exceed $100,000 — Planning and Building Agency 25.13. AGMT NO.-2005-164 - SALE OF POLICE CANINE - Execute an agreement with the Santa Ana Unified School District in an amount not to exceed $3,000 - Police Department 25.C. AGMT NO. 2005-165 - LAW ENFORCEMENT HELICOPTER SERVICES - Execute a one-year agreement with the Airborne Law Enforcement Services Joint Powers Authority in an amount not to exceed $204,875 — Police Department 25.D. AGMT NO. 2005-166 - POLICE DIGITAL EVIDENCE MANAGEMENT SYSTEM - Execute an agreement with Linear Systems in an amount not to exceed $600,000 - Police Department 25.E. AGMT NO. 2005-167 — CONSULTING SERVICES - Execute an agreement with Wesley A. Bosch, M.A., for an amount not to exceed $65,000 — Community Development Agency CONDITIONAL USE PERMIT / VARIANCES 31.A. MINOR EXCEPTION NO. 2005-05 - 1261 HALLADAY STREET Filed by Maria Zarate to permit a fence that exceeds the front yard fence requirement at 1261 Halladay Street Recommended action approved by the Planning Commission at its June 13, 2005 meeting by a vote of 4-2 (De La Torre and Nalle opposed, Leo absent) Applicant: Maria Zarate CITY COUNCIL MINUTES 246 JULY 5, 2005 Motion 31.13. -CONSENT CALENDAR Receive and file the staff report denying Minor Exception No. 2005- 05. MINOR EXCEPTION NO. 2005-03 AND VARIANCE NO. 2005-11 - 2106 NORTH VICTORIA DRIVE Filed by Rivka and Arie Zukerman to allow side -yard setback reduction, height greater than required by the second dwelling unit ordinance and relief from the family residential (R1) parking standards and zoning requirement that a driveway lead directly to a garage on 2106 North Victoria Drive Recommended action approved by the Planning Commission at its June13, 2005 meeting by a vote of 6-0 (Leo absent) Applicant: Rivka and Arie Zukerman Motion: Receive and file the staff report approving Minor Exception No. 2005- 03 and Variance No. 2005-11. 31.C. 31.D. CONDITIONAL USE PERMIT NO. 2005-16 - 1526 WEST EDINGER AVENUE Filed by Hogle-Ireland Inc. for McDonald's Corporation to allow a drive - through window service at an existing McDonald's restaurant at 1526 West Edinger Avenue Recommended action approved by the Planning Commission at its June13, 2005 meeting by a vote of 6-0 (Leo absent) Applicant: McDonald's Restaurant Motion: Receive and file the staff report approving Conditional Use Permit No. 2005-16 as conditioned. CONDITIONAL USE PERMIT NO. 2005-18 - 4014 WEST CHANDLER AVENUE Filed by Sukut Construction Inc., to allow the maximum office floor area to exceed 30 percent in the Light Industrial (M1) zoning district at 4014 West Chandler Avenue. Recommended action approved by the Planning Commission at its June13, 2005 meeting by a vote of 6-0 (Leo absent) Applicant: Sukut Construction Inc. CITY COUNCIL MINUTES 247 JULY 5, 2005 CONSENT CALENDAR Motion: Receive and file the staff report approving Conditional Use Permit No. 2005-18 as conditioned. 31.E. CONDITIONAL USE PERMIT NO. 2004-34 - 6013/4 SOUTH SANTA FE STREET Filed by Black and Veatch Corporation for Sprint PCS to construct a 58- foot high cellular antenna at 601% South Santa Fe Street. Applicant: Black and Veatch Corporation Motion: Receive and file the staff report approving Conditional Use Permit No. 2004-34 as conditioned. (Councilmember Christy voted "No" on this item) *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR ORDINANCES/FIRST READING 50.A. ZONING ORDINANCE AMENDMENT NO. 2005-01, AND CONDITIONAL USE PERMIT NOS. 2005-05, 2005-06 AND 2005-07 — 3000 AND 3100 WEST MACARTHUR BOULEVARD. Filed by Calvary Chapel of Costa Mesa, Inc. to amend Specific Development No. 58 (SD-58) to allow trade schools and private recreational facilities at 3000 and 3100 West MacArthur Boulevard Legal Notice published in the O.C. Reporter on April 22, 2005 and mailed Continued from the May 2, 2005 City Council Meeting by a vote of 6-1 (Christy, No) Public Hearing closed on May 2, 2005 Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2684 - An ordinance of the City Council of the City of Santa Ana Amending Specific Development No. 58 (SD-58) (ZOA No. 2005-01) CITY COUNCIL MINUTES 248 JULY 5, 2005 BUSINESS CALENDAR 2. Adopt a resolution. RESOLUTION NO. 2005-046 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2005-05 as conditioned to allow a trade school at 3000 West MacArthur Boulevard, Suite 300; approving Conditional Use Permit No. 2005-06 as conditioned to allow a trade school at 3000 West MacArthur Boulevard, Suite 320; and approving Conditional Use Permit No. 2005-07 as conditioned to allow a private recreational field at 3100 West MacArthur Boulevard MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN ABSENT: RESOLUTIONS SECOND: Christy Alvarez, Bustamante, Christy, Garcia, Pulido, Solorio (6) None (0) None (0) Bist (1) 55.A. MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES Motion: Adopt a resolution. RESOLUTION NO. 2005-066 - A resolution of the City Council of the City of Santa Ana amending Resolutions No. 2001-065, No. 2003-070 and No. 2004-036 to provide for continuation of additional partially -paid temporary military leave of absence for City employees called to active duty with the Armed Forces and continuation of benefits for their dependents MOTION: Alvarez VOTE: AYES: CITY COUNCIL MINUTES SECOND: Solorio Alvarez, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bist (1) 249 JULY 5, 2005 BUSINESS CALENDAR 55.13. THE NATIONAL INCIDENT MANAGEMENT SYSTEM Motion: Adopt a resolution. RESOLUTION NO. 2005-067 - A resolution of the City Council of the City of Santa Ana adopting the National Incident Management System as the City's standard for incident management MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Garcia, Pulido, Solorio (5) NOES: None (0) ABSTAIN: None (0) ' ABSENT: Bist, Christy (2) 55.C. ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2005-06 Motion: Adopt a resolution. RESOLUTION NO. 2005-068 - A resolution of the City Council of the City of Santa Ana establishing the appropriation limit of the City of Santa Ana for Fiscal Year 2005-2006 MOTION: Solorio SECOND: Garcia VOTE: AYES: Alvarez, Bustamante, Garcia, Pulido, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bist, Christy (2) 55.D. CONSENT TO MODIFICATION OF THE SANTA ANA EMPOWERMENT CORPORATION ARTICLES OF INCORPORATION TO INCREASE THE SIZE OF QUORUM Motion: Adopt a resolution. CITY COUNCIL MINUTES 250 JULY 5, 2005 BUSINESS CALENDAR RESOLUTION NO. 2005-069 - A resolution of the City Council of the City of Santa Ana consenting to an amendment to the articles of incorporation of the Santa Ana Empowerment Corporation, Inc. to increase the size of quorum MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Garcia, Pulido, Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bist, Christy (2) REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - City Manager Assistant City Manager Debra Kurita provided an update on developments related to the Fourth District Court of Appeal. 65.13. OVERVIEW OF THE CONTRACT WITH TOWNSEND PUBLIC AFFAIRS Chris Townsend of Townsend Public Affairs was present to answer questions posed by Councilmember Alvarez related to his firm's agreement with the City for $25,000 for legislative lobbying activity on behalf of Santa Ana. Mr. Townsend was asked to name the other cities he represented. He replied that his firm has done work for the Cities of Irvine, Laguna Woods, Westminster, Anaheim, Fullerton, Placentia, and Antioch. Councilmember Alvarez expressed concern that some of the cities represented by Mr. Townsend's firm may compete with Santa Ana for grant funding; she also stated that Mr. Townsend's firm did not attempt to help Santa Ana retain the 4t" Court of Appeal. She noted that she expected Mr. Townsend to commit to the City. PUBLIC HEARINGS 75.A. ZONING ORDINANCE AMENDMENT NO. 2005-02, AMENDMENTS TO CONDITIONAL USE PERMIT NO. 2003-37 AND CONDITIONAL USE PERMIT NO. 2005-19 - 100 SOUTH MAIN STREET Filed by Caribou Industries to modify the conditions of approval and provisions of Specific Development No. 72 (SD-72) for Original Mike's CITY COUNCIL MINUTES 251 JULY 5, 2005 PUBLIC HEARINGS Restaurant to allow extended hours of operation, outdoor events, and a cover charge for certain events, and increase the number of allowable musicians at 100 South Main Street Written communication: None Bill Gaiennie, General Manager of Original Mike's addressed the Council in support of the modifications to the conditions of approval; public hearing closed Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2692 - An ordinance of the City Council of the City of Santa Ana amending Specific Development No. 72 (SD-72) to allow outdoor special events, to amend restaurant hours of operation, to increase the number of musicians, and to amend the outdoor live entertainment hours of operation 2. Adopt resolutions. RESOLUTION NO. 2005-070 - A resolution of the City Council of the City of Santa Ana amending Conditional Use Permit No. 2003-37 to allow a type 47 Alcoholic Beverage Control license for the property located at 100 South Main Street RESOLUTION NO. 2005-071 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2005-19 as conditioned to allow a cover charge for the property located at 100 South Main Street Staff presentation by Jay Trevino, Executive Director, Planning and Building Agency MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Christy, Garcia, Pulido, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bist (1) COUNCIL RECESSED ..TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 8:00 P.M. FOLLOWED BY THE HOUSING AUTHORITY COUNCIL RECONVENED AT 8:02 P.M. WITH SAME MEMBERS PRESENT CITY COUNCIL MINUTES 252 JULY 5, 2005 COMMENTS 90.A. PUBLIC COMMENTS Donald Carrasco related an incident that occurred last weekend near the Taco Bell Discovery Science Center on the Bike Trail. He reported that he was assaulted by three assailants who he believed were under the influence of drugs. Mayor Pulido asked Police Chief Paul Walters to meet with Mr. Carrasco James Kendrick invited the Council and City residents to attend the 10th annual Wilshire Square Neighborhood Summer Concert to be held on July 30, 2005 90.6. CITY COUNCIL COMMENTS Councilmember Garcia • Thanked staff for their efforts related to the Council retreat on 6/24/2005 • Asked staff to review the complaint about safety on the Bike Trail and make recommendations relative to security in the area • Noted that there appeared to be an inordinate amount of illegal fireworks in the City on July 4th and asked for a report from staff • Asked staff to continue to work with the Calvary Chapel of Costa Mesa on their development on West MacArthur Boulevard Councilmember Solorio • Thanked the City Manager and the Executive Director of the Public Works Agency for their efforts in obtaining OCTA grant funding • Noted that, on June 18th, 80 native trees were planted in the Santa Anita Neighborhood and asked staff to ensure that the trees stay healthy and watered • Asked staff to review the timeline for putting asphalt on Susan Street • Reported that he had concerns relative to the amount of illegal fireworks in the City on July 4th and asked that the Fire Department prepare a comprehensive report for review by the Public Safety Committee Councilmember Christy • Congratulated staff and the Boys & Girls Club for a successful Ride the Coast event; she noted that there were over 1000 riders participating in the event • Asked the Council to adjourn in memory of Larry Iverson who passed away on Friday, June 24th; she noted that Larry was a Senior Office Assistant in the Purchasing Division with almost 20 years of service. Larry worked with almost everyone in the City because he prepared most of the purchasing documents before they were submitted to Council CITY COUNCIL MINUTES 253 JULY 5, 2005 Councilmember Alvarez • Noted that the June 24th retreat was a step in the right direction and congratulated staff and the Council for their efforts • Reported that Chief Walters recently held a press conference in conjunction with other enforcement agencies announcing the culmination of an investigation targeting illegal drug activity • Invited all residents to attend the always entertaining Summer Concert in Wilshire Square • Commended the Fire and Police departments for their diligent response to potential dangerous situations on July 4th; she recommended looking at what other cities are doing relative to fireworks and also encouraged non-profit organizations to look at alternative fundraisers Councilmember Bustamante • Expressed concerns relative to safety on the Bike Trail and asked staff to prepare a report and also work with the Discovery Science Center relative to security issues in the area • Thanked his colleagues for a successful retreat • Announced that a recent Orange County Register column reported that the three top selling zip codes for home sales are in Santa Ana • Welcomed the newest member of the Bustamante family — his niece, Isabella Sofia who was born on Father's Day and weighed 7 pounds 6 ounces; he congratulated his brother Dr. Al Bustamante and his wife Patricia on their first child • Said goodbye to Debra Kurita and wished her well on her new career as City Manager in the City of Alameda Mayor Pulido • Noted that the easy solution would be to ban fireworks, however, the City needs to be creative and work with the Public Safety Committee to find ways to discourage bad activity associated with illegal fireworks • Invited Debbie Kurita, Assistant City Manager, to the podium so that the Council could present her with a floral bouquet in recognition of her over 20 years of invaluable service to the City The Council thanked Debra Kurita for her outstanding work as the Assistant City Manager, and wished her success in her new position as City Manager for the City of Alameda in Northern California. CITY COUNCIL MINUTES 264 JULY 5, 2005 ADJOURNMENT - 8:44 p.m. — To Jul 18, 2005 - 5:15 p.m. - Police Chief's Conference Room, 4t Floor, 60 Civic Center Plaza, Santa Ana, California Adjourned in Memory of Larry Iverson Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 255 JULY 5, 2005