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Home My WebLink About2002-12-16j MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION DECEMBER 16, 2002 POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:20 P.M. COUNCILMEMBERS present: MIGUEL PULIDO, Mayor BRETT FRANKLIN, Mayor Pro Tern CLAUDIA ALVAREZ LISA BIST ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager BEN KAUFMAN, Chief Deputy City Attorney, PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO Nua Lualemaga, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmember Christy pulled item 25.A. for separate discussion • Addition of Closed Report item 19.A. • Continuance of item 30.A. to January 6, 2003 per applicant's request Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bist 1► VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) CITY COUNCIL MINUTES 433 DECEMBER 16, 2002 NOES: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. and 10.B.) 10.A. ®'- 13.A. Motion 13.B. CONSENT CALENDAR ADJOURNED REGULAR MEETING OF DECEMBER 2, 2002 REGULAR MEETING OF DECEMBER 2, 2002 VACANCY REPORT — DECEMBER 11, 2002 The Vacancy Report reflects only appointments made by the Council. Instruct Clerk to enter report into the Minutes. Board/Commission Cable Television Advisory Board Community Redevelopment / Housing Commission Workforce Investment Board Youth Commission — Alternate TOTAL COUNCIL COMMITTEE REPORTS Motion: Receive and file. Vacancies 1 1 Committee Name South Main Street Improvement Plan Arts and Culture South Main Street Improvement Plan Park Development / Joint Use Facilities Arts & Culture (Cancellation 12:30 p.m.) Arts & Culture (Cancellation 4:00 p.m.) Arts & Culture (Cancellation) 3 3 8 Ward Ward 5 Sr. Tenant Ward 2, 6 and Mayor Meeting Date(s) 09/18/02 09/23/02 10/16/02 10/22/02 10/28/02 10/28/02 11 /25/02 CITY COUNCIL MINUTES 434 DECEMBER 16, 2002 r CONSENT CALENDAR 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.K.) Council Meeting Agendas Meeting Date Posted Time 15.A. Notice of Adjournment 12/02/02 11/22/02 3:00 p.m. 15.6. City Council Meeting Agenda 12/02/02 11/27/02 2:30 p.m. 15.C. Adjourned Regular Meeting - Closed Session Agenda 12/02/02 11/27/02 5:00 p.m. Council Committee Agendas Meeting Date Posted Time 15.D. Technology 12/11/02 12/06/02 2:45 p.m. 15.E. Education & Youth Programs 12/05/02 11/02/02 3:00 p.m. 15.F. Park Development / Joint Use 11/26/02 11/22/02 3:00 p.m. 15.G. Neighborhood Improvement / 11/26/02 & Code Enforcement 12/24/02 11/22/02 3:00 p.m. 15.1-1. Arts & Culture 11/25/02 11/22/02 3:00 p.m. 15.1. South Main Street Improvement 11/20/02 11/15/02 3:00 p.m. 15.J. Public Safety 11/18/02 11/14/02 3:00 p.m. 15.K. Park Development / Joint Use 11/21/02 11/14/02 3:00 p.m. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement Richard Quick, WCAB Case # ANA 001769 - Compromise and Release $30,000.00 19.13. EXCUSED ABSENCES - None CITY COUNCIL MINUTES 435 DECEMBER 16, 2002 CONSENT CALENDAR 19.C. COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2001-2002 Motion: 1. Receive and file the Community Redevelopment Agency Annual Report for FY 2001-2002 consisting of: 2. The Annual Audit Report as prepared by Conrad and Associates, LLP 3. The Annual Report of Financial Transactions 4. Schedule HCD describing the Agency's housing activities. 19.E. DOWNTOWN BUSINESS IMPROVEMENT AREA ANNUAL REPORT Motion: 1. Approve the 2002 Annual Report and 2003 Budget for the Downtown Santa Ana Business Improvement Area 2. Approve resolution. RESOLUTION NO. 2002-093 - A resolution of the City Council of the City of Santa Ana declaring its intention to levy an assessment for the Downtown Santa Ana Business Improvement Area for the year 2003 - Community Development Agency BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.E.) 22.A. SPEC NO. 00-141 - LANDSCAPE MAINTENANCE OF PUBLIC FACILITIES -PARKS, RECREATION, AND COMMUNITY SERVICES AGENCY - Renew the contract with Valley Crest Landscape Maintenance for landscape maintenance services at various public facilities for a one-year period in an annual amount not to exceed $182,248.00 - Finance and Management Services 22.6. SPEC. NO. 01-147 - MAINTENANCE CLOTHS - BUILDING SERVICES - Renew the contracts for maintenance cloths for a 12-month period in a total aggregate annual amount not to exceed $20,673 with: Clean Source ABC Wiping Cloth, Inc. CITY COUNCIL MINUTES 436 DECEMBER 16, 2002 CONSENT CALENDAR 22.C. SPEC. NO. 02-134 - ELECTRICAL SYSTEM UPGRADES OF FIRE FACILITIES - FIRE DEPARTMENT - Award a contract to Williams & Maher, Inc. for electrical system upgrades at Fire Station Nos. 2 and 7 in an amount not to exceed $150,500.00 - Finance and Management Services 22.D. SPEC. NO. 02-142 - INMATE BEDDING - POLICE DEPARTMENT 1. Reject the bid from Robinson Textiles as nonresponsive. 2. Award a contract to Leslee Scott for the purchase of inmate bed mattresses and pillows in an amount not to exceed $12,072.00 - Finance and Management Services 22.E. SPEC. NO. 02-154- EQUIPMENT RENTALS AND PURCHASES - Amend the contract with United Rentals to increase the aggregate limit by $20,000.00, for equipment rentals and purchases, in an annual amount not to exceed $30,000.00 - Finance and Management Services 25.A, AGMT; NO. 2002-233 - ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTION FOR 415 AND 423 SOUTH RA TT STREET Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement Execute an agreement for the acquisition of real property and escrow instructions acquiring the real property located at 415 and 423 South Raiit Street, Santa Ana, and identified as Assessor Parcel Numbers 007-273-12 and 007-273-14 from Pedro L. Lemus for the amount of $1,000,000 plus normal escrow and closing costs - Community Development Agency MOTION: Christy SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 437 DECEMBER 16, 2002 CONSENT CALENDAR Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements (items 25.13. and 25.C.) 25.13. AGMT NO. 2002-234 - REIMBURSEMENT AGREEMENT WITH BOWERS MUSEUM - Execute a reimbursement agreement with the Charles W. Bowers Museum Corporation for a variety of Museum maintenance improvements - Community Development Agency 25.C. AGMT NO. 2002-235 - DOCUMENT MANAGEMENT SYSTEM - Execute an agreement amendment with Compulink Management Center, Inc. to implement a document management system in the Clerk of the Council Office in an amount not to exceed $57,000.00 - Clerk of the Council LAND USE MATTERS CONDITIONAL USE PERMITS / VARIANCES 30.A. CONDITIONAL USE PERMIT NO. 2002-12 AND VARIANCE NO. 2002-08: 1727 EAST DYER ROAD Conditional Use Permit No. 2002-12 for a gas station/mini-market and to operate between midnight and 5:00 a.m.; Variance No. 2002-08 for a driveway within 150 feet of a corner radius Motion approved by the Planning Commission on September 23, 2002 by a 6-0 vote (Richardson absent) Motion: Continue matter to January 6, 2003 at the request of the Applicant MISCELLANEOUS MATTERS 39.A. INSTALLATION OF SPEED HUMPS ON MOUNTAIN VIEW STREET AND WESTWOOD AVENUE Motion: Accept the ballot results and approve the funding and installation of speed humps on Mountain View Street and Westwood Avenue - Public Works Agency *** END OF CONSENT CALENDAR *** CITY COUNCIL MINUTES 438 DECEMBER 16, 2002 BUSINESS CALENDAR ORDINANCES 50.A. ORDINANCE AMENDING SECTION 1-18.2 OF THE MUNICIPAL CODE UPDATING AUTHORITY IN PUBLIC WORKS TO ISSUE CITATIONS Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2520 - An ordinance of the City of Santa Ana amending Section 1-18.2 of the Santa Ana Municipal Code regarding the Public Works Agency authority to issue citations - Public Works Agency MOTION: Alvarez VOTE: AYES: NOES: ABSENT: RESOLUTIONS SECOND: Solorio Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) 55.A. PERSONNEL SERVICES' RECORD RETENTION RESOLUTION Motion: Adopt resolution. RESOLUTION NO. 2002-105 - A resolution of the City Council of the City of Santa Ana amending City Resolution No. 98-088 to update the Records Retention Schedule for the Personnel Services Agency - Personnel Services Department MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 439 DECEMBER 16, 2002 BUSINESS CALENDAR 55.B. PROPOSED REALLOCATION OF ONE POSITION IN THE COMMUNITY DEVELOPMENT AGENCY'S FY 2002-2003 BUDGET Motion: Adopt resolution. RESOLUTION NO.2002-106 - A resolution of the City Council of the City of Santa Ana to amend the current annual budget to reallocate one position in the Community Development Agency - Community Development Agency MOTION: Christy SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) PUBLIC HEARINGS 75.A. APPEAL NO. 2002-03: CONDITIONAL USE PERMIT NO. 2002-13 TO ALLOW A TYPE 20 ABC LICENSE AT AN AM/PM MINI -MARKET AT 1727 EAST DYER ROAD Legal Notice published in the Orange County Register and mailed on November 22, 2002 Motion denying Conditional Use Permit No. 2002-13 approved by the Planning Commission on October 28, 2002 by a 6-0 vote (Doughty absent) Motion: Continue matter to January 6, 2003 at the request of the applicant MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 440 DECEMBER 16, 2002 T PUBLIC HEARINGS COUNCIL RECESSED TO A JOINT MEETING OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AND THE FINANCING AUTHORITY AT 6:18 P.M. 19.D. APPROPRIATION ADJUSTMENT AND CLOSING AGREEMENT WITH THE INTERNAL REVENUE SERVICE Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-121 - Approve an appropriation adjustment recognizing unappropriated funds into the FY 2002-2003 Annual Budget and appropriate same MOTION: Alvarez SECOND: Bist VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) COUNCIL RECESSED TO A JOINT MEETING OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AT 6:19 P.M. PUBLIC HEARINGS 75.B. SALE OF AGENCY -OWNED PROPERTY: 601 EAST THIRD STREET, 826 NORTH LACY STREET AND 616 EAST FIFTH STREET Pursuant to the California Community Redevelopment Law (Health and Safety Code § 3300 et seq.) the City Council and the Agency will consider the proposed sale by the Agency of property located at 601 East Third Street, 826 North Lacy Street, and 616 East Fifth Street, Santa Ana (the "Properties"). Legal Notice published in the Orange County Register on December 6 and 13, 2002 Presentation of staff report by John Reekstin, Executive Director, Community Redevelopment Agency CITY COUNCIL MINUTES 441 DECEMBER 16, 2002 PUBLIC HEARINGS Presentation of written communication by Clerk of the Council: None No public speakers; public hearing closed Motion: Adopt resolution. RESOLUTION NO. 2002-108 - A resolution of the City Council of the City of Santa Ana approving the sale of agency -owned property located at 601 E. Third Street, 826 N. Lacy Street and 616 E. Fifth Street to the City of Santa Ana; authorizing the City Manager to execute documents as necessary; and making certain findings with respect thereto, on behalf of the city MOTION: Alvarez SECOND: Franklin VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) 75.C. SYCAMORE PARKING GARAGE CONDITIONAL USE PERMIT NO. 2002- 29, PRIVATE DISPOSITION AND DEVELOPMENT AGREEMENT Construct a five -story parking structure at 812 North Sycamore Avenue within the Midtown District. Legal Notice published in the Orange County Register on December 2 and 9. 2002 Presentation of staff report by John Reekstin, Executive Director, Community Redevelopment Agency Presentation of written communication by Clerk of the Council: Letter from Legal Aid Society in opposition to the granting of a conditional use permit for the construction of a five story parking structure at 812 N. Sycamore Street, Santa Ana Public speakers: Julian Taylor representing the Legal Aid Society of Orange County spoke in opposition to the proposed parking structure CITY COUNCIL MINUTES 442 DECEMBER 16, 2002 1) PUBLIC HEARINGS Ben Grabiel addressed Council with concerns relative to the proposed project and suggested that parking fees should be discounted Public Hearing closed. Motion: 1. Adopt resolution as amended to require the following changes to Condition No. 6: a. Three 24-inch Brisbane Box trees and sufficient Boston Ivy to screen the back wall of the parking garage be planted, irrigated, maintained and replanted, along a seven foot (7') rear landscape setback at the rear of the lot owned by applicant at 817 North Broadway b. Five 24-inch Brisbane Box trees and sufficient Boston Ivy to screen the back wall of the parking garage be planted, irrigated, maintained and replanted, along a seven foot (7') rear landscape setback at the rear of the parking lot owned by applicant at 809 North Broadway C. The applicant shall design and install along the west face of the parking structure enhanced reveals and offset accent colors from the south end behind the 809 North Broadway property and again from the 811 North Broadway building north to end where the Brisbane Box trees are to be planted RESOLUTION NO. 2002-109 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2002-29 as conditioned for the property located at 812 North Sycamore Street 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2002-236 - Execute a landscape agreement with Sycamore Parking Concepts, Inc. to plant and maintain landscaping in the public right of way 3. Adopt resolution. RESOLUTION NO. 2002-110 - A resolution of the City Council of Santa Ana making certain findings with respect to the consideration to be received by the Community Redevelopment Agency of the City of Santa Ana pursuant to a disposition and development agreement between the Community Redevelopment Agency of the City of Santa Ana, and Sycamore Parking Concepts, Inc. for the sale of certain real property in the Central City Redevelopment project and approving the sale of said real property upon the terms and conditions contained in that agreement CITY COUNCIL MINUTES 443 DECEMBER 16, 2002 PUBLIC HEARINGS 4. Approve transfer of property from the City of Santa Ana to the Community Redevelopment Agency. 5. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2002-237 - Execute an agreement to sublease 150 parking spaces in the Sycamore Parking Garage from the Community Redevelopment Agency on a month -to -month basis MOTION: Bist SECOND: Franklin VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSENT: None (0) Applicant: Caribou Industries COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 6:40 P.M. CITY COUNCIL MEETING RECONVENED AT 6:41 P.M. WITH ALL MEMBERS PRESENT WORK STUDY SESSION WS.A. GRAND AVENUE WIDENING PROJECT - Public Works Agency Continued to January 20, 2003 Council Meeting COMMENTS 90.A. PUBLIC COMMENTS Alex Vega addressed Council relative to the barriers in French Park and the opportunity to set up meetings with the Council and staff on this issue CITY COUNCIL MINUTES 444 DECEMBER 16, 2002 11 COMMENTS 90.B. CITY COUNCIL COMMENTS Councilmember Christy ■ Displayed a plaque which was given to the City by the Fuentes Family, who became new owners of a house in Santa Ana through the Habitat for Humanities program ■ Asked the Council to adjourn in memory of Murl S. Gatlin, wife of Human Relations Commissioner Joe Gatlin; she noted that Ms. Gatlin was very active in the community and will be greatly missed. ADJOURNMENT - 6:45 P.M. - To January 6, 2003 at 5:30 p.m. at City Hall, 8th Floor, 22 Civic Center Plaza, Santa Ana, California Meeting Adjourned In Memory of Murl S. Gatlin atrICi1 E. Healy, Clerk of the Council CITY COUNCIL MINUTES 445 DECEMBER 16, 2002