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Home My WebLink About2001-10-15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION OCTOBER 15, 2001 POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:25 P.M. COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor PATRICIA A. McGUIGAN, Mayor Pro Tern CLAUDIA ALVAREZ LISA BIST ALBERTA CHRISTY BRETT FRANKLIN JOSE SOLORIO Absent: None STAFF present: DAVE N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO Otto Bade CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Agenda item 11.A. pulled for separate discussion by members of the public. • Addition of agenda item 25.H. by City Attorney • Addition of Closed Session Report, agenda item 19.A. Motion: Find that an emergency condition exists that prevents waiting until the next meeting, and the need to act arose subsequent to the 1 posting of the Agenda. (Addition of Item 25H - two-thirds vote required) CITY COUNCIL MINUTES 372 OCTOBER 15, 2001 --T[F--- -- --T-- r-- r _ F T. -T T CONSENT CALENDAR MOTION: McGuigan SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Franklin SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (items 10.A. and 10.13.) 10.A. ADJOURNED REGULAR MEETING OF OCTOBER 1, 2001 10.B. REGULAR MEETING OF OCTOBER 1, 2001 ORDINANCES SECOND READING Placed on first reading on September 17, 2001 and approved by a 6-1 vote (McGuigan voted No) CITY COUNCIL MINUTES 373 OCTOBER 15, 2001 CONSENT CALENDAR David A. Battaglia, on behalf of the Gas Company, Dawn Wilson, representing Southern California Edison, and Sandy Sakamoto, Pacific Bell Telephone Co. expressed concerns relative to this ordinance. Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2480 - An ordinance amending Article III of Chapter 33 and adding Article XVIII to Chapter 13 of the City's Code to establish a Trench Cut Fee to be Imposed in Conjunction with permits for excavation in the public right of way MOTION: Bist VOTE ABSENT: SECOND: Christy, Franklin AYES: Alvarez, Bist, Solorio (6) NOES: McGuigan (1) None (0) 13.A. VACANCY REPORT — OCTOBER 10, 2001 Christy, Franklin, Pulido, The Vacancy Report reflects only appointments made by the Council. Motion: Instruct Clerk to enter report into the Minutes. Board/Commission Vacancies Cable Television Advisory Board 2 Historic Resources Commission 1 Human Relations Commission 2 Library Board 1 Workforce Investment Board 3 Youth Commission — Alternate Members 2 Youth Commission — Regular Members 3 TOTAL 14 CLERK OF THE COUNCIL POSTING REPORT Ward Ward 5 and 6 Ward 1 Mayor, at large Ward 1 Wards 1 and Mayor Wards 1,6, and Mayor 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. CITY COUNCIL MINUTES 374 OCTOBER 15, 2001 CONSENT CALENDAR Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.1-1.) Council Meeting Agendas Meeting Date Posted Time 15.A. Notice of Adjournment 10/01/01 10/03/01 6:30 p.m. 15.13. City Council Meeting 10/01/01 09/27/01 10:50 a.m. 15.C. City Council Meeting - Revised 10/01/01 09/28/01 4:15 p.m. 15.D. Adjourned Regular Meeting - Closed Session Agenda 10/01/01 09/28/01 4:15 p.m. Council Committee Agendas Meeting Date Posted Time 15.E. Education and Youth Programs 10/02/01 09/28/01 2:30 p.m. 15.F. Joint SAUSD - City Subcommittee 10/02/01 10/01/01 5:00 p.m. 15.G. Technology Committee 10/10/01 10/05/01 5:15 p.m. Board/Commission Resignations Effective Posted Time 15.H. Paula Rankin, Historic Resources 10/03/01 10/03/01 3:30 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter proclamations/certificates into the Minutes. Honoree 16.A. Smart and Final 16.6. Dr. Enriqueta Lopez -Ramos 16.C. Santa Ana District Hispanic Heritage Celebration 16.D. Emmett Yana - Columbus Award MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement. Date 10/06/01 10/10/01 10/11 /01 10/14/01 Claim of Tanya Sobieski; Claim No. 2001-041 in the amount of $15,000.00 19.6. EXCUSED ABSENCES - None CITY COUNCIL MINUTES 375 OCTOBER 15, 2001 1► 1) BUDGETARY MATTERS GRANTS / APPLICATIONS CONSENT CALENDAR 21.A. APPLICATION FOR GRANT FUNDING FOR THE WILDLIFE AND WATERSHED CENTER Motion: Adopt resolution. RESOLUTION NO. 2001-066 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds for Urban Recreational and Cultural Centers, Museums, and Facilities for wildlife education or environmental education program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 21.B. APPLICATION FOR GRANT FUNDING FOR PLAYGROUND RUBBERIZED SURFACING Motion: Adopt resolutions. RESOLUTION NO. 2001-067 - A resolution approving the application of grant funds for the California Integrated Waste Management Board for the 2001-2002 Playground Grant cover program for Cabrillo Park RESOLUTION NO. 2001-067A - A resolution approving the application of grant funds for the California Integrated Waste Management Board for the 2001-2002 Waste Tire Track and other recreational resurfacing grant program for Adams Park 21.C. APPLICATION FOR BICYCLE TRANSPORTATION ACCOUNT FUNDING PROGRAMS Motion: Adopt resolution. RESOLUTION NO. 2001-068 - A resolution approving the application for grant funds to the California Department of Transportation for Improvements to the Santa Ana river Bike Trail Under the Bicycle Transportation Account Program CITY COUNCIL MINUTES 376 OCTOBER 15, 2001 CONSENT CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.G.) 22.A. SPEC. NO. 98-042 - MAINTENANCE AND SERVICE - POLICE FACILITY MANAGEMENT SYSTEM - Authorize renewal of the agreement with Johnson Controls for maintenance and service of the Police Department Facility Maintenance System for a one-year period in an amount not to exceed $35,000.00 - Finance and Management Services 223. SPEC. NO. 01-109 - TRAFFIC SIGNS AND RELATED HARDWARE - Award contracts for traffic signs and related hardware for a two-year period, with provision for two one-year renewals in amounts not to exceed as follows: Bidder: Zumar Industries, Inc Western Highway Products, Inc. Traffic Control Services, Inc. Categories: Traffic Signs and Hardware Traffic Sign Decals Traffic Signs - Miscellaneous Items Amount: $56,011.00 $27,352.00 $26,184.00 22.C. SPEC. NO. 01-113 - 1/2-TON AND 3/4-TON PICKUP TRUCKS - Award a contract to Quality Chevrolet for the purchase of one 1/2-ton pickup truck and two 3/4-ton pickup trucks in an amount not to exceed $78,791.00 - Finance and Management Services 22.D. SPEC. NO. 01-114 - HYDRAULIC HAMMER - Award a contract to Shepherd Machinery Co. for the purchase of a hydraulic hammer, and miscellaneous parts, in an annual amount not to exceed $20,162.25 - Finance and Management Services 22.E. SPEC. NO. 01-115 - ASPHALT ZIPPER - Award a contract to Asphalt Zipper, Inc. for the purchase of an asphalt zipper in the amount of $54,604.63 - Finance and Management Services 22.F. SPEC. NO. 01-116 - HI -LIFT REACH TRUCK - Award a contract to Material Handling Supply, Inc. for the purchase of a hi -lift reach truck and miscellaneous parts, in an annual amount not to exceed $35,362.46 - Finance and Management Services 22.G. SPEC. NO. 01-119 - POLICE CAR CONVERSION KITS - Award contracts for police car conversion kits in amounts not to exceed as follow: CITY COUNCIL MINUTES 377 OCTOBER 15, 2001 ]I 1► Vendor: Adamson Industries Sound Off, Inc. The Truck Lighthouse Location: Costa Mesa, CA Hudsonville, MI San Pedro, CA CONSENT CALENDAR Amount: $12,805.10 $5,160.00 $674.15 Motion: Direct the City Attorney to prepare and authorize the Mayor and Clerk of the Council to execute agreements. (Items 25.A. through 25.1-11.) 25.A. AGMT NO. 2001-206 - CRIME AND INTELLIGENCE ANALYSIS TRAINING PROGRAM - With the University of California, Riverside for a Crime and Intelligence Analysis Training Program in an amount not to exceed $25,000.00 - Police Department 25.13. AGMT NO. 2001-207 - SOUTH BRISTOL STREET IMPROVEMENT PLAN - Amend and execute a contract with PBR to revise the South Bristol Street Improvement Plan in an amount not to exceed $9,640.00 - Planning and Building Agency 25.C. AGMT NO. 2001-208 - BUILDING INSPECTION SERVICES - With Vandorpe Chou Associates, Inc. for construction inspection services in an amount not to exceed $25,000.00 - Planning and Building Agency 25.D. AGMT NO. 2001-209 - CAREER PREPARATION FOR AT -RISK YOUTH - Extend contract to December 31, 2001 to allow for completion of the program with the Boys and Girls Club of Santa Ana to provide a career preparation program to at -risk Santa Ana youth - Community Development Agency 25.E. AGMT NO. 2001-210 - OFF -SITE DATA STORAGE/PROTECTION - With Iron Mountain Off -Site Data Protection, for off -site data storage services for a one-year period in an amount not to exceed $15,500.00 - Police Department 25.F. AGMT NO. 2001-211 - INTERNET SERVICE - With WorldCom, Inc./UUNET, for Internet services for a one-year period in an amount not to exceed $55,000.00 - Finance and Management Services 25.G. AGMT NOS. 2001-212 & 213 - TRAFFIC COUNTING SERVICES - With City Traffic Counters and Transportation Studies, Inc. to provide traffic counting services, each for an amount not to exceed $30,000.00 with an option to extend the agreements for one additional year - Public Works Agency CITY COUNCIL MINUTES 378 OCTOBER 15, 2001 20X CONSENT CALENDAR RH1 RMAC.'E€..17:-}'.l;$..::E Amendment to agreement with the United States Department of Health and Human Services in an amount not to exceed $103,000.00 - Fire Department LAND USE MATTERS CONDITIONAL USE PERMITS Motion: Continue consideration of matters to November 5, 2001. (Items 31.A. and 31.B.) 31.A. CONDITIONAL USE PERMIT NO. 01-26:1440 EAST SANTA CLARA To allow the Orange County Christian Academy to operate a K-6 grade elementary school located at 1440 East Santa Clara Applicant: Orange County Worship Center 31.B. VARIANCE NO. 01-06:1330 EAST SEVENTEENTH STREET To approve a variance to allow secondary wall signage and non- conforming monument signage to remain at a Target store located at 1330 East Seventeenth Street Applicant: Pacific Neon Company 31.C. CONDITIONAL USE PERMIT NO. 01-27: 702 SOUTH HARBOR BOULEVARD To obtain a conditional use permit to allow the construction of a new Chevron gas station with mini -mart located at 702 South Harbor Boulevard in the SP2 (North Harbor Specific Plan) and operating between 12:00 a.m. to 5:00 a.m. Motion: Receive and file the staff report approving Conditional Use Permit No. 01-27 as conditioned. Applicant: Hi -Speed Oil Inc. CITY COUNCIL MINUTES 379 OCTOBER 15, 2001 1) CONSENT CALENDAR FINAL PARCEL / TRACT MAPS 33.A. FINAL PARCEL MAP NO. 2000-214: 2901 SOUTH TECH CENTER DRIVE Motion: Approve Parcel Map No. 2000-214 and accept the release and relinquishment of vehicular access rights for the public street frontage except at approved vehicular access locations. Applicant: HW-DYER LLC ** END OF CONSENT CALENDAR ** BUSINESS CALENDAR RESOLUTIONS 55.A. SANTA ANA BIKEWAYS STRATEGIC PLAN Roy Shahbazian spoke in support of this item. Motion: Adopt resolution. RESOLUTION NO. 2001-069 - A resolution of the City Council of the City of Santa Ana adopting the City of Santa Ana Bikeways Strategic Plan MOTION: Christy SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 380 OCTOBER 15, 2001 75.A. PUBLIC HEARINGS UNDERGROUND UTILITY DISTRICT NO. 36 Public hearing to consider establishing Underground Utility District No. 36 to coincide with the Main Street Warner to Columbine Reconstruction/Resurfacing Project and the Main/MacArthur Intersection Widening Project. Proposed District No. 36 is on Main Street bounded by Warner Avenue to the north and Sunflower Avenue to the south. Legal Notice published in the Orange County Register and mailed on October 5, 2001 Motion: Continue 60 days at request of staff. Na= RESOLUTION NO. 2001-070 - A resolution of the City Council of the City of Santa Ana establishing Underground Utility District No. 36 - Public Works Agency MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS Public hearing to comply with the Federal Department of Justice requirement on the acceptance and allocation of Local Law Enforcement Block Grant funds to be used for equipment, personnel and overtime costs Legal Notice published in the Orange County Register on October 5, 2001 Presentation of staff report by Police Chief Paul Walters Presentation of written communication by Clerk of the Council: None Motion: 1. Adopt resolution. RESOLUTION NO. 2001-071 - A resolution of the City Council of the City of Santa Ana to approve and accept the 2001 Local Law Enforcement Block Grant from the United States Department of Justice CITY COUNCIL MINUTES 381 OCTOBER 15, 2001 11 PUBLIC HEARINGS 2. Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 02-062 - Recognizing 2001 Local Law Enforcement Block Grant (LLEBG) funds in the amount of $498,789.00 and the required matching funds of $55,421.00 from the Asset Forfeiture expenditure account, and appropriating same into the 2001 LLEBG expenditure account - Police Department MOTION: Bist VOTE: ABSENT: COUNCIL AGENDA ITEM SECOND: McGuigan AYES: Alvarez, Bist, Christy, Franklin, McGuigan, Pulido, Solorio (7) NOES: None (0) None (0) Pursuant to Charter Section 411, any member of the City Council may place items on 1 the City Council Agenda to be considered by the City Council. 85.A. LETTER OF SUPPORT FOR MEXICAN CULTURAL CENTER (COUNCILMEMBER ALVAREZ) Motion: Authorize the Mayor to sign a letter of support for Centro Cultural de Mexico's application for State park bond money for the development of a Mexican cultural center in Santa Ana. MOTION: Alvarez SECOND: Solorio VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) COUNCIL RECESSED AT 6:45 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY IMMEDIATELY FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 6:47 P.M. 1) COUNCIL RECONVENED AT 6:47 P.M. WITH ALL MEMBERS PRESENT CITY COUNCIL MINUTES 382 OCTOBER 15, 2001 WORK STUDY SESSIONS WS.A. EL TORO REUSE PLANNING Meg Waters, spokesperson and Tom O'Malley, Deputy Executive Director for the El Toro Reuse Planning Authority gave the presentation on the reuse of the El Toro Marine Base. Ms. Waters noted that the Federal Aviation Authority (FAA) released a report entitled "Airspace Determination: Proposed Civil Aviation Reuse of Marine Corps Air Station El Toro Orange County" on October 9, 2001. She noted that the report does not give the thumbs up or down on the proposed El Toro airport. Ms. Waters summarized the FAA report as follows: • An airport at El Toro can operate safely, however there will be no margin for error in the airspace • Ontario flight paths were not considered • Whereas the County's draft EIR assumes that Runway 25 would not be used for takeoffs from El Toro, the FAA report makes clear that the use of Runway 25 for takeoffs is in fact reasonably foreseeable and will inevitably occur • The report cites an FAA order that "under ideal conditions aircraft takeoffs and landings should be conducted into the wind". • The report confirms that departures on Runway 25 would be consistent with surrounding airport traffic flows in the Southern California basin • The report also confirms that the ultimate decision whether to accept an assigned approach or departure procedure is the responsibility of the pilot in command • Departures from El Toro may result in aircraft being held on the ground for up to one hour before being cleared for departure. Mr. O'Malley noted that the Marines were good neighbors and didn't fly every night. He further noted that there is a large difference between a commercial plane and a fighter jet, and that airlines may have to reduce payloads to fly safely. He further reported that the County has chosen preferential runways to mitigate noise, however because of the findings in the FAA report, northern and central areas of the County such as Santa Ana, will be impacted. Westerly departures will necessitate flying over Santa Ana, and because of requirements for new airports there will not be the ability for curfews as is the case at John Wayne Airport. Following the presentation, Councilmembers thanked the presenters for their report. Councilmember Solorio stated that the City needed the assistance of the El Toro Reuse and Planning Authority in continuing the curfew at John Wayne airport. CITY COUNCIL MINUTES 383 OCTOBER 15, 2001 1► WORK STUDY SESSIONS Bill Todd thanked the Council for allowing the public to hear the various views on the issue of the El Toro site. WS.B. CENTERLINE PROPOSED ROUTE AND CONSIDERATION OF RECOMMENDATION TO PROCEED WITH PRELIMINARY ENGINEERING Jim Ross, Executive Director, Public Works Agency, presented an update on the proposed route for the Centerline project. He noted that the original route went through seven cities in Orange County. Many cities opposed the routes planned for their respective city and the Orange County Transportation Authority put the project on hold in February, 2001. Since that time the Mayors of Santa Ana, Costa Mesa, and Irvine have worked together on a proposed line affecting only these three cities. The City Councils of Costa Mesa and Irvine have already supported this alignment and have recommended a preliminary engineering study. Mr. Ross then reviewed slides which revealed the proposed route through the three cities, with particular emphasis on the proposed route in the City of Santa Ana. He further noted that the Mayor is requesting support for a preliminary engineering study which will be conducted prior to a final decision on the alignment. Art Leahy, representing the Orange County Transportation Authority addressed the Council and provided information relative to the preliminary study, the expected length of time for the study, and proposals for involving the community in the process. He noted that preliminary engineering marks the start of serious investigation, and that it involves from one and one half to two years of evaluation. It further involves technical analysis relative to design and costs. He emphasized that during the process there will be outreach efforts for public input. The process will allow opportunities to raise concerns and provide a more solid grasp of the project. He noted that partnerships were essential to the success of the light rail project. Following the staff presentation, the Mayor announced that several individuals had requested to speak on this matter. The following members of the public addressed Council relative to the proposed light rail alignment. Fred Bella Barry Christensen Jon Dietz Jon Gothold For Roy Shahbazian Desi Reyes Mark Strickert Linus Taro Eddie Hernandez Rita Cepeda Christopher Birkheimer Edith Luna CITY COUNCIL MINUTES 384 OCTOBER 15, 2001 - - - Violeta Sandoval Chris Guenzler William Korthof Mike Metzler Patrick Murphy Lisa Rosen Jane Reifer Amalia Aguilar Linda Lee Grau Vivien Richardson WORK STUDY SESSIONS Paul Giles Ben Holt Daniel Walker Jason Strickland Otto Bade Paul Torres James Kendrick Rick Manzano Enriqueta Ramos Marti Reiter John Hanna Veronica Perez Lisa Woolery Richard Neill (for study) Against Wayne King Bill Todd Chris Emo Shyam Krishnamurthy Linda Lou Kestin Jack Mallinckrodt Yolanda Navarro THE COUNCIL RECESSED AT 9:00 P.M. AND RECONVENED AT 9:25 P.M. WITH ALL MEMBERS PRESENT Council debate ensued. Councilmember Alvarez thanked all the speakers and noted that the largest decision relative to the Centerline project was not under consideration during tonight's meeting. The decision today would allow evidence to be collected and analyzed so that a final decision could be made based on the analysis and results of the engineering study. Councilmember Alvarez moved, seconded by Councilmember Bist that the Mayor be authorized to sign a joint letter in support of a preliminary engineering study for the Centerline light rail proposed alignment for the Cities of Irvine, Costa Mesa and Santa Ana. Councilmember McGuigan stated that the proposal involves a different route from the alignment on Main Street previously proposed and considered by the City Council. She noted that she had not had sufficient opportunity to analyze the changed route and moved that the matter be continued two weeks to allow Councilmembers to review the new proposal. Councilmember Franklin seconded this motion, and stated that the continuance would allow members the chance to gain more facts, and would also allow business owners on Bristol Street more time for input relative to the proposed route. Discussion continued and members debated the merits of the motions to continue the matter or support the preliminary engineering study. Following the debate the substitute motion to continue the matter two weeks was considered: Substitute Motion: Continue the item to November 5, 2001. CITY COUNCIL MINUTES 385 OCTOBER 15, 2001 1► WORK STUDY SESSIONS MOTION: McGuigan SECOND: Franklin VOTE: AYES: Christy, Franklin, McGuigan (3) NOES: Alvarez, Bist, Pulido, Solorio (4) ABSENT: None (0) The Substitute motion failed The motion (Alvarez-Bist) to authorize Mayor Pulido to sign a joint letter in support of a preliminary engineering study for the Centerline light rail proposed alignment for Cities of Irvine, Costa Mesa and Santa Ana was adopted by the following vote: MOTION: Alvarez SECOND: Bist VOTE: AYES: Alaverez, Bist, Pulido, Solorio (4) NOES: Franklin, McGuigan (2) ABSTAIN Christy (1) ABSENT: None (0) WS.C. LIBRARY REFERENDUM - Presentation by Library Director Rob Richard (Continued from September 17, 2001 Council Meeting) Continued without objection to November 19, 2001. Mayor Pro Tern McGuigan and Councilmember Franklin left at 10:10 p.m. COMMENTS 90.A. PUBLIC COMMENTS Bill Todd, Linda Lee Grau, and Florence Leach addressed the Council on concerns related to the Centerline proposed rail project CITY COUNCIL MINUTES 386 OCTOBER 15, 2001 90.B. CITY COUNCIL COMMENTS None ADJOURNMENT - 10:25 P.M. - To November 5, 2001 at 5:30 p.m. at City Hall, Room 831, 20 Civic Center Plaza, 8th Floor, Santa Ana, California Patricia ea y Clerk of the Council CITY COUNCIL MINUTES 387 OCTOBER 15, 2001