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Home My WebLink About2006-12-18 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA DECEMBER 18, 2006 CALLED TO ORDER COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:15 P.M. ATTENDANCE: Councilmembers Present: MIGUEL PULIDO, Mayor CARLOS BUSTAMANTE, Mayor Pro Tem CLAUDIA ALVAREZ DAVID BENAVIDES MICHELE MARTINEZ, SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager CATHY STANDIFORD, Assistant City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council SPECIAL PRESENTATION Recruitment Efforts for 2007 Grand Jury - Judge Salvador Sarmiento PRESENTATIONS Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to the Santa Ana Winds in recognition of their 301" Annual Performance in the Hollywood Christmas Parade Certificates of Recognition presented by COUNCILMEMBER BENAVIDES to the Westend C.O.P. for their 161" Annual Children's Christmas Party Certificates of Recognition presented by COUNCILMEMBERS MARTINEZ and TINAJERO to the Santa Ana White Monarchs Football Team, Coaches, and Cheer for participating in the national championships in Florida CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Councilmember Alvarez voted no on Item 11.A. . Councilmember Tinajero abstained on Item 11.A. CITY COUNCIL AGENDA 412 DECEMBER 18, 2006 CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Benavides, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. -10.D.) 10A SPECIAL MEETING MINUTES OF NOVEMBER 29,2006 10.B. SPECIAL MEETING MINUTES OF DECEMBER 4,2006 10.C. ADJOURNED REGULAR MEETING OF DECEMBER 4,2006 10.D. REGULAR MEETING OF DECEMBER 4,2006 ORDINANCES/SECOND READING 11A ORDINANCE AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW AUTOMOBILE REPAIR AND SERVICING Placed on first reading on the December 4, 2006 City Council Meeting and approved by a vote of 4-1 (Alvarez, no, Tinajero abstained, Solorio absent) Published in the Orange County Reporter on December 8, 2006. Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2730 - An ordinance of the City of Santa Ana amending Chapter 41 of the Santa Ana Municipal Code to allow automobile repair and automobile servicing in the South Main Street Commercial District with a conditional use permit (lOA No. 2006-04) Councilmember Alvarez voted no on Item 11A Councilmember Tinajero abstained on Item 11A due to receipt of campaign contributions from the applicant CITY COUNCIL MINUTES 413 DECEMBER 18, 2006 CONSENT CALENDAR BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - DECEMBER 13, 2006 Motion: The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES WARD Community Redevelopment / 1 Tenant Housing Commission Environmental & Transportation 1 5 Committee Youth Commission - Regular 2 1 & 5 Youth Commission - Alternate 4 Mayor, 2, 3, & 6 Board of Parks & Recreation 1 6 Planning Commission .1 1 TOTAL 10 BOARD/COMMISSION EXPIRED WARD TERMS Community Redevelopment / 1 Mayor Housing Commission Personnel Board 1 Mayor TOTAL 2 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.) Council MeetinQ AQendas MeetinQ Date Posted Time 15.A. Special Meeting-City Council Agenda 12/04/06 12/01/06 5:00 p.m. 15.B. City Council Agenda 1 2/04/06 11/30/06 5:30 p.m. 15.C. Revised City Council Agenda 12/04/06 12/01/06 5:00 p.m. 15.0. Adjourned Regular Meeting - Closed Session 12/04/06 12/01/06 5:00 p.m. CITY COUNCIL MINUTES 414 DECEMBER 18, 2006 CONSENT CALENDAR Council Committee Aaendas Meetina Date Posted Time 15.E, Cancellation Notice-Park Development, Recreation Programs, and Education Partnerships 11/21/06 11/15/06 5:10 p.m. 15.F Neighborhood Improvement/Code Enforcement 11/28/06 11/21/06 5:20 p.m, 15.G. Cancellation Notice-Main Street Development 12/07/06 12/01/06 5:00 p,m. 15.H. Cancellation Notice-Technology 12/13/06 12/08106 5:00 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct clerk to enter proclamations/certificates into the Minutes. 16.A. Honoree Conquist America Soccer Clinic Participants Date 11/30/06 MISCEllANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlements. Bruce Carlson, settlement request, Claim #06-3794, WCAB #: Unassigned, Compromise and release $280,000 Annette (Padilla) McCarthy vs the City of Santa Ana. Case numbers AHM 0068496 and AHM 0111400. Compromise and release $30,000 Michael Watson, settlement request, Claim *03-2707, WCAR # AHM 1017544 Disability stipulation rate of 39.5%, $42,450 19.B. EXCUSED ABSENCES - None 19.C. COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2005-2006 Motion: Receive and file the Community Redevelopment Agency Annual Report for FY 2005-2006 consisting of: 1. The Annual Audit Report as prepared by Moreland & Associates. 2. The Annual Report of Financial Transactions. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies. 4. Annual Statement of Indebtedness. CITY COUNCIL MINUTES 415 DECEMBER 18, 2005 CONSENT CALENDAR BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING FY 2006 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS Motion: 1. Adopt a resolution. RESOLUTION 2006-084 - Authorizing the City Manager and Chief of Police to enter into an agreement with the City of Anaheim for reimbursement of funds authorized under the FY 2006 Urban Areas Security Initiative 2. Direct the City Attorney's Office to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements. AGMT NO. 2006-326 - EQUIPMENT, SERVICES, OR TRAINING _ With the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area in an aggregate amount not to exceed $5,990,000 - Police Department 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO 07-063 - Recognizing the FY 2006 Urban Areas Security Initiative in the amount of $5,990,000 in revenue account and appropriate same in the FY 2006 Urban Areas Security Initiative Program Grant expenditure accounts. 20.8. OES-HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT 2006 Motion: 1. Authorize the City Manager to accept a Hazardous Materials Emergency Preparedness Grant in the amount of $22,000. 2. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-064 - Appropriating $27,500 of grant funds and transferring from various Fire Department, Fire Prevention, Salary account in the amount of $5,500 in required matching funds into the OES - Hazardous Materials Emergency Preparedness Grantrevenue account and appropriating the same into the OES _ Hazardous Materials Emergency Preparedness Grant expenditure account. CITY COUNCIL MINUTES 416 DECEMBER 18, 2006 CONSENT CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.C.) 22A SPEC. NO. 04-109 - PAINTING SERVICES - Renew the contract with Solorio, Inc. for a one-year period in the amount not to exceed $75,000 _ Finance & Management Services Agency 22.B. SPEC. NO. 06-096 - TASER ELECTRONIC CONTROL DEVICES, AMMUNITION AND ACCESSORIES - Amend the contract with Pro Force Law Enforcement by $42,278 for a total amount not to exceed $292,278 - Finance & Management Services Agency 22.C. SPEC. 06-155 _ HAILING AND WARNING SYSTEM - Award a contract to Advanced Marketing & Dist, Inc. in the amount of $42,776.75 - Finance & Management Services Agency AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.8. through 25.H.) 25A AGMTS - CITY OF SANTA ANA REGIONAL TRANSPORTATION CENTER CITY-INITIATED TRANSIT EXTENSIONS TO METROLlNK STUDIES PROJECT 06-2502 - PUBLIC WORKS AGENCY Continued from the October 16, 2006 City Council Meeting by a vote of 6-0 (Solorio absent) and November 20, 2006 City Council Meeting by a vote of 7-0 Motion: Continue the matter 30 days per staff request 25.B. AGMT NO 2006-327 - POLICE DEPARTMENT JANITORIAL SERVICES - Execute an amendment with Able Building Maintenance Company in an amount not to exceed $420,000 - Police Department 25.C. AGMT NO. 2006-328 HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-10 - With Lorissa and Roger Nichols for the structure located at 713 North Spurgeon Street (Fox House) 25.0. AGMT NO. 2006-329 - ADMINISTRATIVE SERVICES - With Terri Okazaki in an amount not to exceed $30,000 - Police Department 417 DECEMBER 18, 2006 CITY COUNCIL MINUTES CONSENT CALENDAR 25.E. AGMT NO. 2006-330 - FIRE ALARM SYSTEM MAINTENANCE - With Siemens Building Technologies for one year, with provision for two, one-year renewals, in an annual amount not to exceed $32,960 - Police Department 25.F. AGMT NO. 2006-331 - VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES - Execute an amendment with Video Engineering Services extending the term for one year in an amount not to exceed $83,460 - Parks, Recreation and Community Services Agency 25.G. AGMTS - PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: . AGMT NO. 2006-332 - With Jose Luis Rodriguez for the purchase of the residential property located at 309 S. Bristol in the amount of $510,000 . AGMT NO. 2006-333 - With Bertha Soto for the purchase of the commercial property located at 701 S. Bristol in the amount of $918,940 - Public Works Agency 25.H AGMT NO. 2006-334 - COPLlNK PROJECT - With Integrated Law and Justice Agency of Orange County - Police Department MISCELLANEOUS ADMINISTRATION 29.A. ACCEPT DONATION OF CAMERA, PRINTER AND SCANNER - POLICE DEPARTMENT Motion: Authorize the acceptance of a digital camera, a printer and a scanner from the National Center for Missing & Exploited Children. 29.B. SALE OF SURPLUS POLICE VEHICLES TO THE SANTA ANA UNIFIED SCHOOL DISTRICT POLICE DEPARTMENT Motion: Authorize the sale of one surplus police vehicle and associated emergency equipment to the Santa Ana Unified School District Police Department. CONDITIONAL USE PERMIT I VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2006-21 - 2649 % WEST FIRST STREET CITY COUNCIL MINUTES 418 DECEMBER 18, 2006 CONSENT CALENDAR Filed by Sequoia Deployment Services to construct of a 60-foot high cellular antenna for T-Mobile at 2649 % West First Street Applicant: Sequoia Deployment Services Recommended action approved by the Planning Commission at its November 27, 2006 by a vote of 5-0 (Benavides and Betancourt absent) Motion: Receive and file the staff report approving Conditional Use Permit No. 2006-21 as conditioned. ... END OF CONSENT CALENDAR ... BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION TO PROVIDE TWO YEARS ADDITIONAL SERVICE CREDIT TO ELIGIBLE MEMBERS Continued from the December 4, 2006 City Council Meeting per staff request. Motion: Adopt a resolution. RESOLUTION NO. 2006-085 - A resolution of the City Council of the City of Santa Ana designating an additional window period to grant two-years additional service credit for designated classes and positions in the City covered by the Public Employees Retirement System MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Benavides, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM Motion: 1. Adopt a resolution. CITY COUNCIL MINUTES 419 DECEMBER 18, 2006 BUSINESS CALENDAR RESOLUTION NO. 2006-086 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds for the California River Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) 2. Receive and file Negative Declaration for Environmental Review No. 2006-170. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Benavides, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C. RESOLUTION FOR SAFE ROUTES TO SCHOOL GRANT APPLICATIONS Motion: Adopt a resolution. RESOLUTION NO. 2006-087 - A resolution of the City Council of the City of Santa Ana supporting State funding of eight projects and authorizing the Executive Director of the Public Works Agency to submit the projects for funding under the State's Safe Routes to School Program MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Bustamante, Benavides, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A WARD 1 COUNCILMEMBER VACANCY APPLICATION STATUS - CLERK OF THE COUNCIL OFFICE Stanley Fiala addressed the Council on this matter CITY COUNCIL MINUTES 4Z0 DECEMBER 18, 2008 BUSINESS CALENDAR Motion: Instruct the Clerk of the Council to schedule a Special meeting of the City Council for the purpose of conducting candidate interviews for the Ward 1 Council member vacancy and further instruct the Clerk to contact the Orange County League of Women Voters and request that a candidate forum be held and moderated by the League of Women Voters in the Council Chambers prior to the interviews MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Bustamante, Benavides, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75.A. AMENDMENT APPLICATION NO. 2006-04, SITE PLAN REVIEW NO. 2006- 07, CONDITIONAL USE PERMIT NO. 2006-14 AND ENVIRONMENTAL REVIEW NO. 2004-234 - 320 WEST FOURTH STREET Continued from the October 16, 2006 City Council Meeting by a vote of 6-0 (Solorio absent) Filed by David DiRienzo, Rancho Pacific Properties, Inc. for Urban+West+Strategies, to allow mixed use development with five condominium units and ground floor retail located at 320 West Fourth Street Recommended action approved by the Planning Commission at its September 25, 2006 meeting by a vote of 7-0 Legal notice published in the Orange County Reporter on October 6, 2006 and notices mailed Applicant: Urban+West+Strategies Motion: Continue matter to the February 5, 2007 City Council meeting at the req uest of staff. MOTION: Alvarez SECOND: Bustamante CITY COUNCIL MINUTES 421 DECEMBER lB, 2006 PUBLIC HEARINGS VOTE: AYES: Alvarez, Bustamante, Benavides, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY AT 7:07 P.M. BOA ACQUISITION OF 1002, 1002 %, 1004 NORTH FRENCH STREET AND 313,313 %,315,317 EAST TENTH STREET At its Regular Meeting of November 21, 2006, the Community Redevelopment and Housing Commission voted 2:2 on this item (Turner, Yanez, No) (Jauregui, Sarmiento and Welty absent). The matter was considered at the December 4, 2006 Joint Session City Council and Community Redevelopment Agency. The vote for approval was 2-2 (Alvarez, Tinajero "no"; Martinez abstained, and Mayor Pulido absent) Pursuant to Article V, Section B of the By-Laws for the Community Redevelopment Agency, in the event of a tie vote on a motion, the Agency shall be deemed to have made no decision. The matter therefore will be placed on the Joint City Council/Community Redevelopment Agency Session Agenda for further consideration on December 18, 2006. Councilmember Martinez abstained on item BOA due to the proximity of her residence to this project and left the dais Debbie McEwen and Paul Cook Giles spoke in support of this project; Sean H. Mill spoke in opposition. Motion: Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana approving the relocation plan for residential property located at 1002, 1002 % 1004 North French Street, and 313, 313 %,315,317 EastTenth Street MOTION: Bustamante SECOND: Benavides CITY COUNCIL MINUTES 422 DECEMBER 18, 2006 JOINT SESSION WITH CRA VOTE: AYES: Bustamante, Benavides, Pulido (3) NOES: Alvarez, Tinajero (2) ABSTAIN: Martinez (1) ABSENT: None (0) The motion failed of adoption by a 3-2 vote; pursuant to the by-laws of the Community Redevelopment Agency this action would require an affirmative vote of the majority of the members present, however the City Charter requires a majority vote of the entire seven member body (four votes) for an action to be adopted; this matter is a joint action of the City Council and the Community Redevelopment Agency and would therefore need the higher number of majority votes to prevail. COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY AT 7:29 P.M. 80.6. PUBLIC HEARING - MORTGAGE REVENUE BOND INDUCEMENT AND TEFRA HEARING ON ISSUANCE OF TAX-EXEMPT BONDS AND LOAN AGREEMENTS WITH WILSHIRE/MINNIE, L.P At its Regular Meeting of December 5, 2006, the Community Redevelopment and Housing Commission voted 6:0 (Turner absent) to continue this item to a Special Meeting on December 13, 2006. Recommended actions approved by the Community Redevelopment and Housing Commission at its Special Meeting of December 13, 2006, by a vote of 6:0 (Turner absent) Legal notice published in the Orange County Register December 1,2006 Staff Presentation by Stephen Harding, Executive Director Community Redevelopment Agency Barry Cottle (applicant) and Victoria Zaragoza spoke in support of this project; public hearing closed. Written communication - None Motion: 1. Hold a TEFRA (Tax Equity and Financial Responsibility Act) Hearing in consideration of the issuance of multi-family housing revenue CITY COUNCIL MINUTES 423 DECEMBER 18, 2006 JOINT SESSION WITH CRA AND HOUSING AUTHORITY 2. Bonds by the Housing Authority of the City of Santa Ana for the purpose of financing the acquisition and rehabilitation of seventeen properties located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie by Wilshire/Minnie, L.P. 3. Adopt a resolution. RESOLUTION NO. 2006-088- A resolution of the City Council of the City of Santa Ana approving the issuance by the Housing Authority of the City of Santa Ana of multifamily housing revenue bonds in an amount not to exceed fifteen million five hundred thousand dollars for the purpose of financing the acquisition and rehabilitation of seventeen buildings of multifamily rental housing by Wilshire/Minnie, L.P. 4. Direct the City Attorney to prepare a loan agreement with Wilshire/Minnie, L.P., for the acquisition and rehabilitation of 1201, 1209,1213,1221,1225,1229, and 1233 East Wilshire and 1401, 1403, 1409,1413,1421,1425,1429,1433,1437, and 1439 South Minnie in a total amount not to exceed $2.4 million. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Bustamante, Benavides, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:40 P.M. FOLLOWED BY THE HOUSING AUTHORITY COUNCIL RECONVENED WITH ALL MEMBERS PRESENT AT 7:43 P.M. COMMENTS 90A PUBLIC COMMENTS Alex Vega discussed recall procedures; Lisann Martinez raised concerns about the County Recorder releasing personal information and Pat McGuigan discussed the process for filling the Ward 1 vacancy CITY COUNCIL MINUTES 424 DECEMBER 18, 2006 COMMENTS Mayor Pulido left the meeting at 7:53 p.m. and Mayor Pro Tern Bustamante assumed the Chair. 90.B. CITY COUNCIL COMMENTS Councilmember Martinez o Requested that any forum held regarding the Ward 1 Councilmember vacancy be an open meeting o Wished everyone a Merry Christmas o Thanked staff for obtaining the Godinez High gymnasium for the Monarchs' rally o Offered condolences to the families of the young boys who were shot over the weekend in Santa Ana Councilmember Alvarez o Noted that the Toys for Tots drive was still ongoing and that toys could be dropped off at any of the ten fire stations within Santa Ana, as well as at the AT&T shop at MainPlace o Noted that she participated in the Westend C.O.P. event and that it was extremely successful o Noted that, in response to comments relative to recall, she took pride in some of the challenges she has taken because that is the reason she was elected o Wished everyone a Merry Christmas Council member Benavides o Noted that he held a Town Hall meeting on December 13, 2006 at the Southwest Senior Center and that if was well attended; he thanked everyone who did attend the meeting o Thanked staff for their efforts in coordinating the Winter Holiday Celebration o Thanked the Wilshire Square neighborhood for the successful Christmas Parade o Noted that there was a home in the 600 block of South Townsend Street that was very well decorated for the holiday season and encourage d families to take their families to this neighborhood to look at the Christmas displays o Wished everyone a Merry Christmas Council member Tinaiero o Noted that it was an honor to serve the citizens of Santa Ana and wished everyone a Merry Christmas Mayor Pro Tern Bustamante o Congratulated the Monarchs for their success CITY COUNCIL MINUTES 425 DECEMBER 18, 2006 COMMENTS o Asked the Council to adjourn in memory of Bill Hein Jr. and Samella Lee Mack o Wished everyone a Merry Christmas ADJOURNMENT - 8:09 p.m. IN MEMORY OF William H. "Bill" Hein Jr. Samella Lee Mack ---, . ,,/ ! ( /J~'ijc---<t --Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 426 DECEMBER 18, 2006