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HomeMy WebLinkAbout2002 (12 02) Meeting MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 2, 2002 CALL TO ORDER PLEDGE OF ALLEGIANCE CITY COUNCIL CHAMBERS 22 CiViC CENTER PLAZA SANTA ANA, CALIFORNIA 6:10 P.M. COUNCILMEMBERS present: MIGUEL PULIDO, Mayor BRETT E. FRANKLIN, Mayor Pro Tem CLAUDIA ALVAREZ LISA BIST ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO INVOCATION Rita Gutierrez, Police Chaplain EMPLOYEE SERVICE AWARDS PRESENTATIONS MAYOR PULIDO 20 Years of Service Steve Alegre, Police Sergeant* Monte Floyd, Maintenance Worker II 25 Years of Service David Hermance, Community Inspector II 30 Years of Service John Jason, Fire Captain Michael Pingree, Fire Engineer Earl Sisk, Fire Captain Wayne Smith, Fire Engineer Preservation CITY COUNCIL MINUTES 417 DECEMBER 2, 2002 PRESENTATIONS Plaque presented by Mike Gonzalez representing the United States Department of the Navy to MAYOR PULIDO for the City's Active Duty Program Certificate of Recognition presented by MAYOR PULIDO presented to Starbucks Coffee in recognition of their generosity in hosting the "Celebrate the City Mixer'' held on October 25, 2002* Certificate of Recognition presented by MAYOR PULIDO presented to Apache Trailer, Manufacture in recognition of their generous donation of a trailer for the Police Department D.A.R.E. Program Proclamation presented by COUNClLMEMBER BIST presented to Brown Colonial Mortuary in recognition of their 75th Anniversary Certificate of Recognition presented by COUNCILMEMBER CHRISTY presented to Luisa Ruiz for her grass-roots reading program at Villa del Sol Apartment Complex Proclamation presented by COUNCILMEMBER ALVAREZ presented to Dr. Al Mijares - Santa Ana Unified School District Superintendent in recognition of his recent accomplishments Certificate of Recognition presented by COUNCILMEMBER ALVAREZ presented to Bob St. Paul for saving City employee Laura Johnson's life Not Present SPECIAL PRESENTATIONS Recruitment Efforts for the 2003 Grand Jury" by Allen St. Jacques Santa Ana Work Center - Presented by Patti Nunn, Economic Development Coordinator, Community Development Agency Not Present CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: Councilmember Christy requested that item 25 I. be pulled for separate discussion Councilmember Garcia requested to be recorded as "abstained" on items 10.A. through 10.C, 11.A., 11.B., and 25.H. CITY COUNCIL MINUTES 418 DECEMBER 2, 2002 CONSENT CALENDAR Motion:Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez VOTE: AYES: NOES: ABSENT: SECOND: Christy Alvarez, Bist, Christy Franklin, Garcia, Pulido Solorio (7) None (0) None ADMINISTRATIVE MATTERS MINUTES Motion: IO.A. 10.B. 10.C. Approve minutes. (Items 10.A. through 10.C.) ADJOURNED REGULAR MEETING OF NOVEMBER 18, 2002 REGULAR MEETING OF NOVEMBER 18, 2002 ADJOURNED REGULAR MEETING OF NOVEMBER 26, 2002 Councilmember Garcia abstained on items 10.A through 10.C. ORDINANCE SECOND READING Motion: 11.A.CONDITIONAL USE PERMIT NO. 2002-19 AND VARIANCE NO. 2002-11 FOR A REDUCTION IN OFF-STREET PARKING AND LANDSCAPING REQUIREMENTS FOR A HEALTH CLUB AT 1501-1551 NORTH TUSTIN AVENUE Placed on first reading at the November 18, 2002 Council Meeting and approved by a 6-0 vote (Pulido abstain) Published in the Orange County Reporter on November 22, 2002 Place ordinance on second reading and adopt. CiTY COUNCIL MINUTES 419 DECEMBER 2, 2002 CONSENT CALENDAR 11.B. Motion: ORDINANCE NO. NS-2518 - An ordinance of the City Council of the City of Santa Aha approving the amendment to the development agreement between the City of Santa Ana and Mullrock Mortgage, LLC ORDINANCE CREATING THE FEDERAL CLEAN WATER PROTECTION ENTERPRISE Placed on first reading at the November 18, 2002 Council Meeting and approved by a 6-1 vote (Christy opposed) Published in the Oranae County ReDorter on November 22, 2002 Place ordinance on second reading and adopt. ORDINANCE NO. NS-2519 - An ordinance of the City Council of the City of Santa Ana adding Article XVIII to Chapter 13 and Sections 18-162.1 to 18- 165.4 to the city's code, establishing a Federal Clean Water Protection Enterprise Fund and Federal Clean Water Protection Enterprise Program Councilmember Garcia abstained on second reading ordinances items 11.A. and 11.B. BOARDS/COMMISSIONS/COMMITTEES 13.A.VACANCY REPORT - NOVEMBER 27, 2002 The Vacancy Report reflects only appointments made by the Council. Motion: 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 Vacancies Ward 1 Ward 5 1 Sr. Tenant 3 3__ 8 Ward 2, 6 and Mayor 13.B. Motion: APPOINTMENT - SANTA ANA WORKFORCE INVESTMENT BOARD Appoint Steve Eaton to the Workforce Investment Board for a term expiring March 31, 2006 - Community Development Agency CITY COUNCIL MINUTES 420 DECEMBER 2, 2002 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.) 15.A. 15.B. 15.C. 15.D. 15.E. 15.F. 15.G. 15.H. 15.1. 15.J. 15.K. Council Meeting Agendas Notice of Adjournment City Council Meeting Agenda Adjourned Regular Meeting - Closed Session Agenda City Council Meeting Agenda Meeting Date Posted Time 11/18/02 11/22/02 3:00 p.m. 11/18/02 11/14/02 3:00 p.m. 11/18/02 11/15/02 3:00 p.m. 11/26/02 11/22/02 3:00 p.m. Council Committee Agendas Education and Youth Programs cancellation) Park Development cancellation) Neighborhood Improvement cancellation) Arts and Culture (cancellation) South Main Street Improvement Public Safety (cancellation) Park Development Meeting Date Posted Time 12/05/02 11/22/02 3:00 p.m. 11/26/02 and 12/24/02 11/22/02 3:00 p.m. 11/26/02 and 12/24/02 11/22/02 3:00 p.m. 11/25/02 11/22/02 3:00 p.m. 11/20/02 11/15/02 3:00 p.m. 11/18/02 11/14/02 3:00 p.m. 11/21/02 11/14/02 3:00 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct Clerk to enter certificates into the Minutes. 16.A. 16.B. 16.C. 16.D. Honoree Father Marc Miller; Ms. Sandra K. Lynela, Mr. Kurt Mareks; Mrs. Patrice Mareks for the Village Keepers Awards Gala Santa Ana Junior Basketball Opening Ceremonies Habitat for Humanity, 1414, 1416, 1424, and 1428 Bush St. Mayor Pro Tem Patricia McGuigan Commendation for Service from 1981-1992 & 1993-2002 Date 11/21/02 11/24/02 11/24/02 11/26/02 CITY COUNCIL MINUTES 421 DECEMBER 2, 2002 CONSENT CALENDAR MISCELLANEOUS ADMINISTRATION 19.A. 19.B. CLOSED SESSION REPORT - None EXCUSED ABSENCES - None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. ACCEPTING LIBRARY SERVICES AND TECHNOLOGY ACT PUBLIC LIBRARY STAFF EDUCATION FUNDS Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 03-113 - Accepting federal Library Services and Technology Act funds for the Public Library Staff Education Program of $9,127.00 in revenue and appropriate the funds to expenditure accounts to provide reimbursement for library staff - Library Services GRANTS / APPLICATIONS 21.A. COMBINED TRANSPORTATION FUNDING PROGRAMS - GRANT APPLICATION Motion:1. Adopt resolution. RESOLUTION NO. 2002-102 - 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 project list. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. through 22.H.) Items 22.A. CITY COUNCIL MINUTES 422 DECEMBER 2, 2002 CONSENT CALENDAR 22.A. 22.B. 22.C. 22.D. 22.E. 22.F. SPEC. NO. 94-037 - DATABASE SUBSCRIPTION SERVICE - LIBRARY SERVICES - Renew the contract with The Gale Group for database subscriptions service for a one-year period in the amount of $27,360.00 - Finance and Management Services SPEC. NO. 99-089 - AMMUNITION - POLICE DEPARTMENT - Renew the contracts for ammunition for a period of one year in an annual amount not- to-exceed as follows: Vendor Adamson Industries Dooley Enterprises, Inc. San Diego Police Equipment Co., Inc. Amount: 40,000.00 18,000.00 23,000.00 SPEC. NO. 02-093 - ELECTRICAL AND PHONE CONDUITS - PUBLIC WORKS AGENCY - Amend the contract with Sawco Inc. d/b/a California Boring for directional boring of electrical and phone conduits by $28,960.00 for a total amount not to exceed $57,172.96 - Finance and Management Services SPEC. NO. 02-135 - HAZARDOUS WASTE DISPOSAL SERVICES - CENTRAL STORES Award a contract to Environmental Recovery Services, Inc. for hazardous waste disposal services for a two-year period, with provision for two one-year renewals, in an annual amount not to exceed $30,000.00 - Finance and Management Services SPEC. NO. 02-140 - MOBILE CAR WASH SERVICES POLICE DEPARTMENT - Award a contract with City Fleet Services for mobile car wash services for a three-year period with provision for two one-year renewals in an annual amount not to exceed $19,305.00 -Finance and Management Services SPEC. NO. 02-141 - PARAMEDIC SUPPLIES - POLICE AND FIRE DEPARTMENTS 1. Reject the bid from Emergency Medical Products as non-responsive. Award a contract to Bound Tree Medical for the purchase of paramedic supplies for a three-year period with provision for two one-year renewals in an annual amount not to exceed $183,564.00 Finance and Management Services CITY COUNCIL MINUTES 423 DECEMBER 2, 2002 CONSENT CALENDAR 22.G. 22.H. SPEC. NO. 02-145 - WATER TREATMENT SALT - PUBLIC WORKS AGENCY - Amend the contract with California Salt Company to increase the aggregate limit by $15,000.00 for the purchase of water treatment salt, for an annual amount not to exceed $25,000.00 -Finance and Management Services SPEC NO. 02-146 - DIESEL FUEL - FLEET SERVICES - Award a contract to General Petroleum, under the County of Orange Cooperative Agreement, for the purchase of diesel gasoline fuel for a one-year period with provisions for three one-year renewals, in an amount not to exceed $180,000.00 - Finance and Management Services 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.H.) 25.A.AGMT NO. 2002-218 - SIGNAL INTERCONNECT / PRE-EMPTION - Execute an agreement with the Union Pacific Railroad Company to provide signal interconnect / pre-emption between the railroad controller and the new traffic signal being constructed at Alton Avenue and Greenville Street - Public Works Agency 25.B.AGMT NOS. 2002-219 & 220 - TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES - Execute consulting agreements for temporary engineering and technical support services with Project Partners and PDS Technical Services in an amount not to exceed $150,000.00 each Public Works Agency 25.C.AGMT NO. 2002-221 - POLICE DEPARTMENT ANNUAL AWARDS BANQUET - Execute an agreement with Santa Aha Performing Arts and Event Center to provide food service and beverages for the Annual Police Awards Banquet in an amount not to exceed $16,000.00 - Police Department 25.D.AGMT NO. 2002-222 - ARBITRATION / MEDIATION SERVICES - Execute an amended agreement with Atkinson Arbitration / Mediation Services to include administrative hearing services for the Police Department's Animal Services Division administrative citation hearings in an amount not to exceed $10,000.00 - Police Department CITY COUNCIL MINUTES 424 DECEMBER 2, 2002 CONSENT CALENDAR 25.E. 25.F. 25.(3. 25.H. AGMT NO. 2002-223 - AUTOMATED MUG / PHOTO SYSTEM - Execute an amendment to the service agreement with Imageware Software, Inc. for the automated mug ! photo system in an amount not to exceed $37,000.00 - Police Department AGMT NO. 2002-224 - SEXUAL ASSAULT EVIDENCE COLLECTION - Renew the agreement for acute sexual assault exams and evidence collection with Anaheim Memorial Medical Hospital in the amount of 650.00 per victim exams, $100.00 per victim follow-up examination and 150.00 per suspect examination - Police Department AGMT NO. 2002-225 - CONSULTING SERVICES - Execute an agreement with Tom Brohard & Associates for traffic and transportation engineering consulting services in the amount of $40,000.00 - Public Works Agency WORKFORCE INVESTMENT ACT YOUTH SUBCONTRACTORS AGMT NO. 2002-226 - Execute an amendment to increase the amount of the agreement with the Santa Ana Unified School District for the In- School Youth Program under the Workforce Investment Act Youth grant in an amount not to exceed $298,784.00 AGMT NO. 2002-227 - Execute an amendment to increase the amount of the agreement with the Employment Development Division of the State of California for an In-School and Out-of-School Youth Program under the Workforce Investment Act Youth grant in an amount not to exceed $269,293.00 AGMT NO. 2002-228 - Execute an amendment to increase the amount of the agreement with the California Hispanic Commission on Alcohol and Drug Abuse to provide services to Out-of-School Youth under the Workforce Investment Act Youth grant in an amount not to exceed 225,60O.OO AGMT NO. 2002-229 - Execute an amendment to increase the amount of the agreement with the Boys & Girls Club of Santa Ana to provide services to In-School Youth under the Workfome Investment Act Youth grant in an amount not to exceed $174,866.00 AGMT NO. 2002-230 - Execute an amendment to increase the amount of the agreement with the Orange County Conservation Corps to provide services to Out-of-School Youth under the Workforce Investment Act Youth grant in an amount not to exceed $286,553.00 - Community Development Agency Councilmember Garcia abstained on item 25H CITY COUNCIL MINUTES 425 DECEMBER 2, 2002 CONSENT CALENDAR Motion:Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement. Execute an agreement with RedFlex Traffic Systems, for the installation, maintenance and support of an Automated Photo Enforcement System - Police Department MOTION: Christy VOTE: AYES: NOES: ABSENT: SECOND: Alvarez AIvarez, Bist, Christy Franklin, Garcia, Pulido Solorio (7) None (0) None LAND USE MATTERS CONDITIONAL USE PERMITS / VARIANCES Motion: 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) Continue consideration of matter to the December 16, 2002 Council meeting at the request of applicant. END OF CONSENT CALENDAR *** CITY COUNCIL MINUTES 426 DECEMBER 2, 2002 RESOLUTIONS 55.A. Motion: 55.B. Motion: BUSINESS CALENDAR AGMT NO. 2002-232 - AUTHORIZING THE PARTICIPATION IN JOINT POWERS AUTHORITY FOR INTEGRATED LAW AND JUSTICE Adopt resolution. RESOLUTION NO. 2002-103 - A resolution of the City Council of the City of Santa Ana authorizing the City of Santa Ana's membership in a Joint Powers Authority to be known as the Integrated Law and Justice Agency for Orange County MOTION: Bist VOTE: ABSENT: AYES: NOES: SECOND: Christy AIvarez, Bist, Christy Franklin, Garcia, Pulido Solodo (7) None (0) None ADOPT A RESOLUTION AUTHORIZING AMENDMENT TO THE SAN JOAQUIN HILLS AND FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES JOINT POWERS AGREEMENT Adopt resolution. RESOLUTION NO. 2002-104 - A resolution of the City Council of the City of Santa Ana approving second amended and restated joint exercise of powers agreements for the San Joaquin Hills Transportation Corridor Agency and the Foothill/Eastern Transportation Corridor Agency MOTION: Christy SECOND: Franklin VOTE: AYES:Alvarez, Bist, Christy, Franklin, Garcia, Pulido Solorio (7) NOES: None (0) ABSENT: None CITY COUNCIL MINUTES 427 DECEMBER 2, 2002 PUBLIC HEARING 75.A. Motion: 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 Oranoe County Reaister and mailed on November 22, 2002 Motion approved by the Planning Commission on October 28, 2002 by a 6-0 vote (Doughty absent) Continue consideration of matter to the December 16, 2002 Council meeting at the request of applicant. MOTION: AIvarez VOTE: AYES: NOES: ABSENT: Applicant: SECOND: Christy AIvarez, Bist, Christy, Franklin, Garcia, Pulido Solorio (7) None (0) None B.P. West Coast Products, LLC COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:17 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING COUNCIL RECONVENED AT 7:21 P.M. WITH SAME MEMBERS PRESENT 90.A. COMMENTS PUBLIC COMMENTS Alex Vega addressed Council about the importance of the City working together Kim Payne, Stella Bonilla, Maria Guadalupe Sanchez, Maria Gutierrez- Gamia, Principal at Davis Elementary and Angie Davis-Friday addressed the Council relative to concerns about the traffic barriers in French Park and the impact these barriers may have on child safety at Davis Elementary School Jose Sanchez addressed the Council relative to his concern about the City's handling of a matter involving a pet rooster CITY COUNCIL MINUTES 428 DECEMBER 2, 2002 COMMENTS 90.B.CITY COUNCIL COMMENTS Councilmember Garcia Thanked all those in the audience for coming and thanked his family and friends for their support throughout the election process Counciimember Solorio Welcomed Mike Garcia to the Council and congratulated Brett Franklin on his election as the Mayor Pro Tem Asked the City Manager to report to the Council relative to the status of safety issues at Davis Elementary School; he noted that school safety was a City priority and that over $500,000 in Safe Routes to School funds has been awarded to Santa Ana to improve school safety Asked the City Attorney to look at the issue of human advertising individuals holding large signs at major intersections) Councilmember Christy Thanked everyone who voted at the November 5, 2002 election and welcomed Mile Garcia to the Council; she further congratulated the Mayor and Councilmember Bist on their re-election to the Council Asked Rip Ribble, Executive Director, Parks, Recreation and Community Services Agency to provide an update on the Children's Christmas Party; Mr. Ribble noted that the party would be held on Saturday, December 14, 2002 at Santa Ana Stadium starting at 10 a.m. Noted that the lighting of the Christmas tree at Sasser Park was a successful event Thanked the Police and Fire Departments for coordinating the successful public safety fair Congratulated Russ Davis and staff at the Santa Ana Jail for receiving an outstanding report from the Environmental Health Agency Wished everyone happy holidays Councilmember Bist Welcomed Mike Garcia to the Council and congratulated Brett Franklin on his election as the Mayor Pro Tem Announced that there was a dedication ceremony for the four homes built by Habitat for Humanity; and currently there is a blitz build project in Ward 4 Announced that the Wilshire Square Neighborhood Association was sponsoring a Christmas Parade with the Santa Ana Winds and Santa at 6p.m. Wished everyone happy holidays CITY COUNCIL MINUTES 429 DECEMBER 2, 2002 COMMENTS Councilmember Alvarez Announced that on December 7, 2002, there would be a food drive sponsored by the City and the District Attorney's Office at the Santa Ana Zoo Asked the City Manager to schedule a presentation by the Transportation Corridor Agencies Noted that she was celebrating her 2nd anniversary on the City Council and thanked the Council, City Commissioners, volunteers and staff for their support and assistance in the City's accomplishments; she further thanked the City's representatives, including Assemblyman Lou Correa, Senator Joe Dunn, and Representative Loretta Sanchez She thanked Pat McGuigan for her wisdom and guidance as a member of the City Council Mayor Pro Tem Franklin Noted that former Councilmember Pat McGuigan meant so much to the City and that she continues to grow young Welcomed Mike Garcia to the City Council Announced that Park Santiago was having a holiday home tour on December 8, 2002 and noted that this is an opportunity to socialize and to see some great homes Reminded residents to shop in Santa Ana this holiday season; he urged residents to patronize small local businesses as well as the Main Place Mall Asked the Fire Chief to compile a list of the programs available for residents to learn CPR Asked that the public service announcement by Councilmembers Bist and Alvarez on technology air more often on Channel 3 and asked that the listing of technology services available in Santa Ana be provided to the School District ADJOURNMENT- 8:00 p.m. - To December 16, 2002 at 5:30 p.m. in the Police ChieFs Conference Room, 4th Floor, 60 Civic Center Plaza, Santa Aha, Clerk of the Council CITY COUNCIL MINUTES 430 DECEMBER 2, 2002