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Home My WebLink About2006-03-20 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA MARCH 20, 2006 CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:08 P.M. ATTENDANCE: Councilmembers present: MIGUEL PULIDO, Mayor LISA BIST, Mayor Pro Tem CLAUDIA ALVAREZ ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO Absent: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE INVOCATION MAYOR PULIDO David Mitchell, Police Chaplain CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. Mayor Pulido announced the following modifications to the Consent Calendar: . Councilmember Christy abstained on Item 23.C. . Councilmember Solorio abstained on Item 22.H . Councilmember Christy voted No on Item 31.A . Item 25.A. continued to the April 3, 2006 City Council Meeting . Councilmember Alvarez voted No on Item 25.A CITY COUNCIL MINUTES 77 MARCH 20, 2006 CONSENT CALENDAR MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Pulido, Bist, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. and 10.B.) 10.A. ADJOURNED REGULAR MEETING OF MARCH 6, 2006 10.B. REGULAR MEETING OF MARCH 6, 2006 BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - MARCH 15,2006 Motion: The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES WARD Community Redevelopment I 2 Sr. Tenant & Housing Commission Tenant Environmental & Transportation 2 Santa Ana Committee Chamber & 5 Human Relations Commission 1 5 Youth Commission - Alternate ~ 2,5 & 6 TOTAL 8 BOARD/COMMISSION EXPIRED WARD TERMS Community Redevelopment I 1 Mayor Housing Commission Library Board 1 5 Personnel Board 2 Mayor & 5 Youth Commission - Alternate 1 3 TOTAL 5 CITY COUNCIL MINUTES 78 MARCH 20, 2006 CONSENT CALENDAR 13.B. COUNCIL COMMITTEE REPORTS Committee Name Park Development, Recreation, Programs Neighborhood Improvement/Code Enforcement Main Street Development Main Street Development Main Street Development Main Street Development Date 11/29/05 01/24/06 11/03/05 12/01/05 01/05/06 02/02/06 13.C. APPOINTMENTS Motion: Appoint Liliana Palacios to the Youth Commission, (Alternate) recommended by Councilmember Alvarez as the Ward 5 representative for a full term. (Replacing Wagstaff) 13.0. APPOINTMENTS Motion: Re-appoint Luisa Ruiz to the Library Board, recommended by Councilmember Alvarez as the Ward 5 representative for a full term expiring November 30, 2008. 13.E. APPOINTMENTS Motion: Re-appoint Robert Macleod to the Personnel Board, recommended by Councilmember Alvarez as the Ward 5 representative for a full term expiring November 30, 2008. 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.H.) 15.A. 15.B. 15.C. 15.D. Council Meetina Aaendas Meetina Date City Council Agenda 03/06/06 Revised City Council Agenda 03/06/06 Adj. Regular Meeting Agenda 03/06/06 Revised - Adj. Regular Meeting Agenda 03/06/06 Posted 03/02/06 03/03/06 03/03/06 Time 10:15 a.m. 4:00 p.m. 4:00 p.m. 5:30 p.m. 03/03/06 CITY COUNCIL MINUTES 79 MARCH 20, 2006 CONSENT CALENDAR 15.F. 15.G. 15.H. Council Committee Aaendas Meetina Date Posted Neighborhood Improvement/Code Enforcement 02/28/06 02/24/06 Main Street Development 03/02/06 02/24/06 Cancellation Notice-Technology 03/08/06 03/02/06 Park Development, Recreation Programs-Cancellation 03/07/06 03/03/06 Time 15.E. 3:05 p.m. 3:05 p.m. 10:15 p.m. 4:00 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.0.) Honoree Date 16.A. Washington Mutual- Grand Opening and Ribbon 03/03/06 Cutting Ceremony 16.B. Santa Ana Unified School District 3rd Annual Literacy Fair 03/04/06 2006 Pio Pico Elementary School Reading Inspiration Award 16.C. Santa Ana Unified School District 3'd Annual Literacy Fair 03/04/06 Read to Succeed Writing Contest Awardees 16.D. Samahan Ng Pilipino-Americano of O. C. 03/11/06 Annual Beauty Pageant MISCELLANEOUS ADMINISTRATION FINAL MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17.A. FINAL TRACT MAP NO. 16775 - 419 SOUTH NEWHOPE STREET Motion: Receive and file. 19.A. CLOSED SESSION REPORT Motion: Approve settlement. Guillermo Arostegui Case # ANA 360411; 339763; 333720; 333719; 333721; 333722, File # 00-1105 et ai, Stipulated Disability ($60,222.50) CITY COUNCIL MINUTES 80 MARCH 20, 2006 CONSENT CALENDAR 19.B. EXCUSED ABSENCES Motion: Excuse the absence of Councilmember Bustamante from the March 20, 2006 City Council Meeting BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A WORKFORCE INVESTMENT ACT ADDITIONAL FUNDS Motion: Approve appropriation adjustment. (Requires five affirmative votes.) APPROPRIATION ADJUSTMENT NO. 06-100 - Recognizing additional revenues of $4,181 in Title I 15% Incentive Award funds from the State of California for Workforce Investment Act programs SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.H.) 22A SPEC. NOS.04-010 AND 04-046 - PUBLIC WORKS AGENCY - ASPHALT STREET MAINTENANCE, ASPHALT POTHOLE REPAIR AND SIDEWALK MAINTENANCE Motion: 1. Amend the contract with Hardy and Harper, Inc. for asphalt street maintenance by $330,000 for a total amount not to exceed $656,910 2. Amend the contract with Hardy and Harper, Inc. for asphalt pothole repairs and sidewalk maintenance by $200,000 for a total amount not to exceed $525,000 22.B. SPEC. NO.06-008 - STREET SWEEPERS - Award a contract to Haaker Equipment Company in the amount of $508,099.43 and increase the aggregate limit for a two-year period for an annual amount not to exceed $60,000 - Finance & Management Services Agency 22.C. SPEC. NO.06-014 - POLICE DEPARTMENT - PAINTING SERVICES - Award a contract to Wilson & Hampton Painting Contractors in an amount not to exceed $19,843 - Finance & Management Services Agency CITY COUNCIL MINUTES 81 MARCH 20, 2008 CONSENT CALENDAR 22.0. SPEC. NO. 06-019 - TASER ELECTRONIC CONTROL DEVICES, AMMUNITION AND ACCESSORIES - Amend the contract with ProForce Law Enforcement to increase the aggregate limit by $12,500 for an annual amount not to exceed $22,500 - Police Department 22.E. SPEC. NO. 06-027 - PUBLIC WORKS AGENCY - MOTOR REPLACEMENT AT GARTHE PUMPING STATION - Award a contract to Bakersfield Well and Pump Co. in the amount of $30,052 - Finance & Management Services Agency 22.F. SPEC. NO.06-032 - CELLULAR PHONES, ACCESSORIES, AND AIRTIME SERVICE - Award contracts based upon State of California contracts for a period of three-years in the annual aggregate amount not to exceed $345,000 with the following vendors: Nextel Communications Verizon Wireless 22.G. SPEC. NO.06-040 - FORD VEHICLE PARTS AND SERVICE - Amend the contract with Power Ford Tustin to increase the aggregate limit by $40,000 for a one-year period in an annual amount not to exceed $100,000 - Finance & Management Services Agency 22.H. SPEC. NO.06-041 - FOR SERVICE OF HEAVY DUTY VEHICLES - Amend the contract with Mr. D's Automotive to increase the aggregate limit by $20,000 for a one-year period, in an annual amount not to exceed $30,000 - Finance & Management Services Agency Councilmember Solorio abstained on Item 22.H due to receipt of a recent campaign contribution. PROJECTS MAINTENANCE. REHABILITATION. IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR JEROME PARK POOL HOUSE IMPROVEMENTS (PROJECT NO. 04-6404A) Motion: 1. Award a contract to Coppertop Enterprises, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $109,699.95 for construction of Jerome Park Pool House Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $142,600. CITY COUNCIL MINUTES 82 MARCH 20, 2006 CONSENT CALENDAR 23.B. CONTRACT AWARD FOR FLOWER STREET BIKE TRAIL AND LANDSCAPE IMPROVEMENTS (PROJECT NO. 1768) Motion: 1. Award a contract to L H Engineering Company, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $465,858 for construction of Flower Street bike trail structure and landscaping improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $582,200. 23.C. INSTALLATION OF SPEED HUMPS ON SYDNEY STREET, HOBART STREET, AND GLENWOOD PLACE Recommended action approved by Environmental and Transportation Advisory Committee (ETAC) at its February 9, 2006 by a vote of 4-0 (Reyes abstained; Loverin and Older absent.) Motion: Accept the advisory poll results and approve the funding and installation of speed humps on Sydney Street, Hobart Street, and Glenwood Place. Councilmember Christy abstained on Item 23.C due to the proximity of the project to her residence. AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.b. through 25.G.) 25.A. AGMT - REFUSE COLLECTION AND RECYCING - Amend Agreement with Waste Management, Inc. - Public Works Agency Continued from the March 6, 2006 meeting by a vote of 6-1 (Christy voted no) Motion: Continue the matter to the April 3, 2006 City Council Meeting. Council member Alvarez voted No on Item 25.A 25.B. AGMT NO. 2006-051 - HISTORIC RESOURCES CONSULTING SERVICES - With Sapphos Environmental, Incorporated in an amount not to exceed $71,000 - Planning & Building Agency CITY COUNCIL MINUTES 83 MARCH 20, 2006 CONSENT CALENDAR 25.C. AGMT NO. 2006-052 - DOMESTIC VIOLENCE VICTIM ADVOCACY PROGRAM - Amend the agreement with Community Services Program, Inc., for an additional amount of $14,815, for a total aggregate amount not to exceed $57,505 - Police Department 25.D. AGMT NO. 2006-053 - MAINTENANCE OF POLICE RADIO MODEMS - Renew the agreement with Motorola, Inc. in an amount not to exceed $36,000 - Police Department 25.E. AGMT NO. 2006-054 - ADMINISTRATIVE SERVICES - Amend the agreement with Terri Okazaki in an additional amount of $20,000, for a total aggregate amount not to exceed $30,000 - Police Department 25.F. AGMT NO. 2006-055 - LYON STREET PARENT CENTER - Amend the agreement with Families Together of Orange County - Lyon Street Parent Center to increase the amount of the contract by $1,800 for a total amount not to exceed $13,300 - Community Development Agency 25.G. AGMT NO. 2006-056 - ASSISTANCE WITH PARKS-RELATED PROJECTS - With the Orange County Conservation Corps for a one-year period, with provision for a one-year renewal, in an annual amount not to exceed $90,000 - Parks, Recreation & Community Services Agency LAND USE MATTERS CONDITIONAL USE PERMIT I VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2006-02 - 2200 % EAST MCFADDEN AVENUE Filed by Alcoa Wireless to allow a new 50-foot wireless communications facility for Sprint PCS/Nextel, in the Light Industrial (M 1) zoning district at 2200 % East McFadden Avenue Recommended action approved by the Planning Commission at its February 27,2006 meeting by a vote of 6-0 (Rodriguez absent) Applicant: Alcoa Wireless Motion: Receive and file the staff report approving Conditional Use Permit No. 2006-02 as conditioned. Councilmember Christy voted No on Item 31.A. ... END OF CONSENT CALENDAR ... CITY COUNCIL MINUTES 84 MARCH 20, 2006 BUSINESS CALENDAR ORDINANCES 50.A. AN ORDINANCE REVISING THE OFFICIAL CITY EMBLEM AND RESOLUTIONS FOR A NEW CITY LOGO I CITY MOTTOS Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NS-2708 - Amending Section 2-200 of the Santa Ana Municipal Code Related to the Depiction on The City Seal 2. Adopt resolutions. RESOLUTION NO. 2006-012 - A resolution of the City Council of the City of Santa Ana Formally Adopting A New City Logo, Retiring The Old City Logo And Authorizing And Directing The Use And Licensing of The City Logo In Official City Communications RESOLUTION NO. 2006-013 - A resolution of the City Council of the City of Santa Ana Formally Adopting The Santa Ana City Mottos And Directing The Use of City Mottos In Official City Communications MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Pulido, Bist, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) RESOLUTIONS 55.A. RESOLUTION AUTHORIZING TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM GRANT APPLICATIONS Motion: Adopt a resolution. RESOLUTION NO. 2006-014 - Authorizing Application for Funds for the Transportation Enhancement Activity (TEA) Program under the 1998 Transportation Equity Act for the 21st Century CITY COUNCIL MINUTES 85 MARCH 20, 2006 BUSINESS CALENDAR MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Pulido, Bist, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) 55.B. PROPOSED AMENDMENT TO CLASSIFICATION COMPENSATION PLAN AND ANNUAL BUDGET AND Motion: Adopt a resolution. RESOLUTION NO. 2006-015 - Amend Resolution Nos. 91-066 and 91- 067 to Amend the City's Basic Classification and Compensation Plans to Provide an Increase in Salary for the Middle Management Classification of Police Technology and Support Administrator (MM) and to Change One Classification Title in the City Attorney's Office MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Pulido, Bist, Garcia, Solorio (5) NOES: Christy (1) ABSTAIN: None (0) ABSENT: Bustamante (1) REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - CITY MANAGER The City Manager provided an update on developments related to the Fourth District Court of Appeal. COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 6:15 P.M. COUNCIL RECONVENED AT 6:16 P.M. WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 86 MARCH 20, 2006 W.SA WORK STUDY SESSION Review of proposed City Charter amendments - administrative changes (Sections 400,402,413,421,422 and 1200) - Clerk of the Council Motion: Continue Item W.S.A. to the April 3, 2006 City Council Meeting W.S.B. MOTION: Garcia SECOND: Solorio VOTE: AYES: Alvarez, Pulido, Bist, Christy, Garcia, Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) Briefing on Assembly Bill (AB) 1234 and SB 8 - Ethics - Joseph Fletcher, City Attorney; highlights of this presentation are as follows: . Senate Bill 8 - Adds Government Code Section 87406.3 to the Political Reform Act of 1974 (FPPC) · Imposes a "revolving door" rule on out-going City councilmembers and City managers . Operative July 1, 2006 · Local elected official or city manager can not for a period of one year after leaving office or employment represent, for compensation, any other person before that local government agency · Assembly Bill 1234 adds Government Code Section 53232 and establishes procedures and limits to travel and other expense reimbursements · Adds Government Code Section 53234-53235.2 requiring bi-annual ethics training for local elected officials · Not clear that all of AB 1234's provisions apply to charter cities . Requires the City Council to publicly adopt expense reimbursement policy · Requires City to maintain expense reimbursement forms for all council members . Sets some limits on travel-related expenses . Requires Councilmembers to report on travel as part of City Council meetings . When paying for lodging in connection with a conference, expenses cannot exceed the conference rate provided rooms are available . If not available, City must use comparable lodging at government rate if offered CITY COUNCIL MINUTES 87 MARCH 20, 2006 WORK STUDY SESSION . Any non-complying travel expenses shall be approved by the city council in advance . Councilmembers must provide "brief reports" on meetings attended at next regular council meeting . Formal expense policy must be adopted by the City Council . Finance Agency must formulate a new expense report form for City Council use . Specific allowances must be adopted to avoid IRS standards . Procedures must be adopted for reporting on Council meetings and trips . Before January 1, 2007, all local elected officials shall receive at least two hours of training in general ethics principles and ethics laws W.S.C. Discussion of regulations for "superstores" within the City of Santa Ana - Jay Trevino, Executive Director, Planning & Building Agency. Highlights of the presentation are as follows: . A Big Box Retail Store is typically 100,000 to 300,000 square feet in size . Carries items such as automotive, tools, clothing, sundries, and food . Examples of Big Box Retail companies are Target, Walmart, Kmart, Home Depot, and Lowe's . Characteristics of Big Box Retail stores include: o High volume = lower prices o Customers can purchase everything in one place - efficiency o Generate sales tax o Average of 700 employees per store . Big Box Retail is controversial because sales can affect other retail stores in the area, can increase traffic, and impact air quality . Question of living vs. non-living wages paid . Other cities have adopted ordinances, banning big box stores, limiting square footage, limiting the percentage of nontaxable sales items, or requiring CUP and/or economic impact analysis . Planning Commission considered item and concluded: o Big Box Retail is not conducive to pedestrian environment o Some areas in the City are suited to big box retail o Should be reviewed on a case by case basis . Staff recommends that Big Box stores be regulated through the Conditional Use Permit process . Add definition of Big Box (120,000 sf +) . Zoning Ordinance Amendment to require CUP for any new retail larger than 120,000 sf . Standards would apply to all Big Box Retailers . Focus on impacts on a case by case basis CITY COUNCIL MINUTES 88 MARCH 20, 2006 WORK STUDY SESSION Council discussion ensued. Following discussion, Councilmembers asked staff to draft an ordinance for review by the Planning Commission. Members suggested that the ordinance require a CUP for any new retail larger than 100,000 sq feet; and include options for economic impact analysis COMMENTS 90A PUBLIC COMMENTS Rick Niedermayer thanked the Council for the improvements to the soccer fields in the City and complimented the Parks, Recreation and Community Services Agency for the programs offered to residents in the City Steve McGuigan announced that the American Cancer Society's Relay for Life would be held at Santa Ana Stadium on the 3rd and 4th of June; he further announced that the Santa Ana Zoo was partnering with Century High School for an event at the Zoo on March 25th from 11 :00 a.m. to 2:00 p.m. Vivek Menta invited the Council to attend the Health Fair at Mater Dei High School on March 25, 2006 Barbara Lamere and Tom Lamere raised concerns about the placement of new play equipment at Windsor Park Lisann Martinez addressed the Council with general concerns 90.B. CITY COUNCIL COMMENTS Councilmember Solorio o Announced that the ribbon cutting ceremony for the new downtown vendor carts would be held on Saturday, March 25, 2006 at the Fiesta Market Place at 11 :00 a.m.; he further announced that the Cesar Chavez event at Campesino Park would begin at 1 :00 p.m. on Saturday Councilmember Christy o Asked the Council to adjourn in member of former Westminster Council member Russell Paris and Charles Melvin Leroy Carr, a longtime resident of Santa Ana who owned a local barber shop CITY COUNCIL MINUTES 89 MARCH 20, 2006 COMMENTS ADJOURNMENT - 7:22 p.m. - To April 3, 2006 at 5:30 p.m., City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California IN MEMORY OF RUSSELL PARIS AND CHARLES MELVIN LEROY CARR ~l~"f' tf' Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 90 MARCH 20, 2006