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HomeMy WebLinkAbout2007-04-02 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA APRIL 2, 2007 CALLED TO ORDER COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:05 P.M. ATTENDANCE: COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO 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 PLEDGE OF ALLEGIANCE Valley High School Naval Junior Reserve Officers Training Corps Color Guard PRESENTATION (OUT OF ORDER) CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Valley High School Naval Junior Reserve Officers Training Corps recognizing their many achievements and contributions to the community EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE John Ph an Public Works Agency Sr. Water Systems Operator 25 YEARS OF SERVICE Joseph M. Rodriguez Community Preservation Inspector, Planning & Building CITY COUNCIL MINUTES 121 APRIL 2, 2007 PRESENTATIONS CITY TILE presented by MAYOR PULIDO to 69th District Assembly Member Jose Solorio recognizing his achievements and contributions to the City during his tenure on the Santa Ana City Council PROCLAMATION presented by MAYOR PULIDO recognizing National Donate Life Month in Santa Ana CERTIFICATE OF RECOGNITION presented by COUNCILMEMBERS BENAVIDES and SARMIENTO to Gonzalo and Felicitas Mendez, posthumously, recognizing the 60th Anniversary of Mendez v. Westminster that ended segregation in California schools OATHS OF OFFICE Administered by the Clerk of the Council to the following: Name Anna M. Golka Cecilia Aguinaga Michael Seeley Board/Commission Youth Commission (Alternate) Human Relations Commission Historic Resources Commission Ward Mayoral Mayoral Mayoral CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Mayor Pulido requested that the reappointment of Lupe Moreno to the Library Board be removed from the agenda (Item 13.C.) . Mayor Pro Tem Alvarez pulled Items 22.E. and 23.A. for separate discussion . Councilmember Sarmiento requested the Minutes from the March 19, 2007 Council meeting be corrected to reflect that Council member Martinez seconded the motion on Item 80.A, and that he abstained from participation on the matter. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 122 APRIL 2, 2007 CONSENT CALENDAR ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. -10.B.) 10A REGULAR MEETING MINUTES OF MARCH 19,2007 10.8. ADJOURNED REGULAR MEETING MINUTES OF MARCH 19,2007 ORDINANCES/SECOND READING 11A ZONING ORDINANCE AMENDMENT NO. 2007-01, AMENDMENT APPLICATION NO. 2007-01, DEVELOPMENT AGREEMENT NO. 2007-01, FOR THE CABRILLO MIXED USE DEVELOPMENT - CITY OF SANTA ANA AND NDC DEVELOPMENT- APPLICANTS Placed on first reading at the March 19, 2007 City Council meeting and approved by a vote of 7-0 Published in the Orange County Reporter on March 23, 2007 Motion: Place ordinances on second reading and adopt. 1. ORDINANCE NO. NS-2739 - An ordinance of the City Council of the City of Santa Ana amending Chapter 41 of the Santa Ana Municipal Code to adopt the F suffix to modify a Zoning District, and to establish the Overlay Zone Suffix (ZOA 2007-01) 2. ORDINANCE NO. NS-2740 - An ordinance of the City Council of the City of Santa Ana adopting the Metro East Mixed Use Overlay Zone (OZ1) and to apply the Metro East Mixed use Overlay Zone to the properties generally bounded by Santa Ana (1-5) Freeway on the West and South, Sixth Street to the North, and Tustin Avenue to the East (AA No. 2007-01) 3. ORDI NANCE NO. NS-2741 - An ordinance of the City Council of the City of Santa Ana approving a Development Agreement between the City of Santa Ana and 1901 E. 1st Street Partners, LLC BOARDS/COMMISSIONS/COMMITTEES 13A VACANCY REPORT - MARCH 28, 2007 The Vacancy Report reflects only appointments made by the Council. Motion: Receive and file. CITY COUNCIL MINUTES 123 APRIL 2, 2007 BOARD/COMMISSION Community Redevelopment Housing Commission Youth Commission - Alternate Youth Commission - Regular Personnel Board TOTAL BOARD/COMMISSION Environmental & Transportation Committee Historic Resources Commission Human Relations Commission Library Board Personnel Board Youth Commission - Regular Youth Commission - Alternate TOTAL CONSENT CALENDAR VACANCIES 1 WARD Tenant 3 1 1 6 1,3 & 5 1 5 EXPIRED TERMS 1 WARD Mayor 1 1 1 2 1 1 8 6 At Large Mayor 6 & Mayor 4 4 13.B. BOARDS/COMMISSIONS RESIGNATIONS Motion: Receive and file. Effective 03/06/07 Posted 03/19/07 Boards/Commission Resicmations Gaylord Whipple, Workforce Investment Board 13.C. APPOINTMENTS Motion: Reappointment. Reappoint Ford S. Loverin to the Environmental & Transportation Commission, nominated by Mayor Pulido as the Mayoral representative for a full term expiring December 9, 2008 Reappoint Lupo Mereno to the Library Boar{j, nominated by Mayor Pulido as the Mayoral representative for a full torm expiring December 9, 20011 Reappointment of Lupe Moreno taken off agenda CITY COUNCIL MINUTES 124 APRIL 2, 2007 CONSENT CALENDAR MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT - None 19.B. EXCUSED ABSENCES - None BUDGETARY MATTERS 20A APPROPRIATION ADJUSTMENT ACCEPTING THE CLICK IT OR TICKET PROGRAM GRANT Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-096 - Accepting the Click It or Ticket Program Grant in the amount of $89,999 into the revenue account and appropriate same into the Click It or Ticket Program Grant overtime expenditure account 20.8. APPROPRIATION ADJUSTMENT ACCEPTING SANTA ANA'S FOCUSED ENFORCEMENT TEAM GRANT FUNDING Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-085 - Recognizing the Office of Emergency Services Grant funds in the amount of $95,701 and the required matching funds of $31,900 from the Police Department Crimes Against Persons Other Contractual Services Account, for a total project amount of $127,601, and appropriate same into the FY 2007 Santa Ana's Focused Enforcement Team Grant expenditure accounts. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (22.A.- 22.E.) 22A BID SPEC NO. 07-016 - PERSONAL HYDRATION SYSTEM AND ACCESSORIES - FIRE AND POLICE DEPARTMENTS - Amend the contract with L.N. Curtis & Sons to increase the aggregate limit by $20,000 for an annual amount not to exceed $50,000 - Finance & Management Services Agency 22.B. BID SPEC NO. 07-017 - PROTECTIVE ENSEMBLE - FIRE AND POLICE DEPARTMENTS - Amend the contract with Allstar Fire Equipment to increase the aggregate limit by $35,000 for an annual amount to not exceed $82,375- Finance & Management Services Agency. CITY COUNCIL MINUTES 125 APRIL 2, 2007 CONSENT CALENDAR 22.C. SPEC. NO. 07-019 - PORTABLE SHELTERS - POLICE DEPARTMENT Motion: 1. Reject the bids from Comade, Inc., and Fisher Safety as nonresponsive. 2. Award a contract to Aramsco, Inc., for the purchase of four first response portable shelters in the amount of $49,365.96. 22.0. SPEC. NO. 07-026 UNINTERRUPTIBLE POWER SOURCE BATTERIES- POLICE DEPARTMENT - Award a contract to MGE UPS Systems, Inc., in an amount not to exceed $45,672 - Finance & Management Services Agency 22.... ::,::::::rii!;ffi;. Award a contract to South Coast Pool Plastering, Inc. in the amount of $52,800 - Finance & Management Services Agency MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PROJECTS MAINTENANCE. REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES Motion: Approve Change Order No.2 for EI Salvador Park Improvements for an estimated cost of $100,000. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 126 APRIL 2, 2007 CONSENT CALENDAR 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. AGREEMENT AND APPROPRIATION ADJUSTMENT - THE CITY PLACE SKY LOFTS PROJECT Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement AGMT NO. 2007-071 - ENVIRONMENTAL IMPACT REPORT - With P&D Consultants in an amount not to exceed $246,625 - Planning & Building Agency 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. - 07-095 - Recognizing $246,625 in the 2006-2007 FY revenue account for environmental review fee for the City Place Sky Lofts Project and appropriating $246,625 to the Planning and Building Agency 2006-2007 FY budget allocation in the account for contractual services for payment to P&D Consultants. 25.B. AGMT NO. 2007-072 - ENERGY CONSULTING SERVICES - With Edward K. Aghjayan in an amount not to exceed $50,000 - PUBLIC WORKS AGENCY 25.C. AGMTS - PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) - PUBLIC WORKS AGENCY . AGMT NO. 2007-073 - Odilon and Paulina Salgado for the purchase of the residential property located at 822 S. Bristol in the amount of $625,000; . AGMT NO. 2007-074 - John P and Tao-Jan Hou for the purchase of the residential property located at 711 S. Bristol in the amount of $600,000 25.0. AGMTS - PURCHASE AND RELOCATION FOR 420 S. BRISTOL STREET CORRIDOR (PROJECT 06-1500) - PUBLIC WORKS AGENCY . AGMT NO. 2007-075 - ACQUISITION AGREEMENT - With Cilliani Trust to acquire a portion of the property located at 420 S. Bristol Street for $347,500; CITY COUNCIL MINUTES 127 APRIL 2, 2007 CONSENT CALENDAR . AGMT NO. 2007-076 - RELOCATION AGREEMENT - With Popular Medical Clinic and Popular Pharmacy for $214,000; . AGMT NO. 2007-077 - LOSS OF GOODWILL AGREEMENT - With Popular Medical Clinic for $75,000. 25.E. AGMT NO. 2007-078 LANDBASE DATA AND DIGITAL ORTHOPHOTOGRAPHY - Execute a five-year agreement with Digital Map Products in an amount not to exceed $451,000 - Public Works Agency 25.F. AGMT NO. 2007-079 - COMPUTER SOFTWARE HARDWARE AND MAINTENANCE - With Intergraph Inc. in amounts not-to-exceed $45,000 for software maintenance. The term of the agreement shall be for one year with an option to renew for one additional year - Public Works Agency 25.G. AGMT NO. 2007-080 - MEMORANDUM OF UNDERSTANDING - With the Orange County Workforce Investment Board, Senior Community Service Employment Program - Community Development Agency 25.H. AGMT NO. 2007-081 - VETERINARY SERVICES - With Dr. Lorrie Boldrick, DBA Quillie Acres for a period of one year in an amount not to exceed $68,000 - Parks, Recreation & Community Services Agency **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCES/FIRST READING 50A ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE ARTICLE VII RELATING TO CONTRACTS AND PURCHASING Motion: Continue the item for two weeks. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 128 APRIL 2, 2007 BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTIONS AUTHORIZING SUBMISSION OF APPLICATIONS TO THE STATE OF CALIFORNIA LAND AND WATER CONSERVATION FUND GRANT PROGRAM Motion: Adopt resolutions. RESOLUTION NO. 2007-031 - A resolution of the City Council of the City of Santa Ana approving the application for land and water conservation funds to develop the picnic area at Santa Anita Park RESOLUTION NO. 2007-032 - A resolution of the City Council of the City of Santa Ana approving the application for land and water conservation funds to develop the picnic area at Santiago Park MOTION: Tinajero SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. CALHOME PROGRAM APPLICATION Motion: Adopt a resolution. RESOLUTION NO. 2007-033 - A resolution of the City Council of the City of Santa Ana authorizing the submittal of an application to the California State Department of Housing and Community Development for funding under the Calhome Program; the execution of a standard agreement and any amendments thereto, if selected for such funding; and any related documents necessary to participate in the Calhome Program MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 129 APRIL 2, 2007 BUSINESS CALENDAR 55.C. 2007 URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM Motion: Adopt a resolution. RESOLUTION NO. 2007-034 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to submit a grant application to the State of California Office Of Homeland Security for the FY2007 Urban Area Security Initiative Grant Program MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 6:52 P.M. COUNCIL RECONVENED WITH ALL MEMBERS PRESENT AT 6:54 P.M. COMMENTS 90.A. PUBLIC COMMENTS Lisann Martinez raised concerns about the subdivision of a city park; Alex Vega voiced concerns over the closure of a market and Sean Mill raised concerns about the condition of city streets. Tim Shaw, representing Janet Nguyen, the newly elected Orange County Supervisor representing District 1, noted that the Supervisor was very anxious to work with officials from the City of Santa Ana. 90.B. CITY COUNCIL COMMENTS Councilmember Sarmiento . Thanked everyone involved in the Cesar Chavez celebration and noted that the event was very successful and had strong support from participating sponsors; he further remarked that he has some ideas on how to make the event even more successful next year CITY COUNCIL MINUTES 130 APRIL 2, 2007 COMMENTS Council member Tinaiero . Thanked Councilmember Sarmiento for his efforts in making the Cesar Chavez event successful and noted that there are opportunities for an even larger event in years to come . Wished everyone a Happy Easter Councilmember Martinez . Congratulated newly elected Orange County Supervisor Janet Nguyen and noted that she looks forward to working with her . Thanked Chief Walters and staff for all their efforts in implementing the new EPIC Commission . Thanked all the youth who came out for her youth council and noted that there were over 150 individuals in attendance . Noted that her next Town Hall meeting would be held on April 9, 2007, at the Santa Ana Senior Center . Wished everyone a Happy Easter Councilmember Bustamante . Announced that his twin brother, Alfonso and his wife Patricia, welcomed a son on March 19, 2007, just a month following the birth of his new son. . Announced that Mater Dei won the boys state basketbail championship . Wished everyone a Happy Easter - Mavor Pro Tern Alvarez . Asked Chief Walters to give the viewing audience a brief explanation of the Click it or Ticket program . Raised concerns relative to the joint use agreement for the Hector Godinez School at Centennial Park and noted that the only reason the City Council agreed to yield park space was because it was going to be a joint use facility and the Santa Ana Unified School District (SAUSD) agreed that they would not construct any fencing. She noted that the SAUSD is now requesting that the school be fenced; she asked staff to provide a copy of all the city's joint use agreements with the school district. . Noted that the Mothers' Day Celebration will be held on Saturday May12, 2007 at the Stadium and that this will be the first concert on the new turf at the stadium Council member Benavides . Commended Council member Sarmiento for his efforts in making the Cesar Chavez event a success . Noted that in an effort to provide greater access to city officials, he will be available on the first Friday and Saturday of each month at the Southwest Community Center from 9:00 a.m. to 12:00 p.m. to meet with residents of the city CITY COUNCIL MINUTES 131 APRIL 2, 2007 COMMENTS . Further noted that his next quarterly Town Hall meeting will be held on Thursday, April 19, 2007 at the Southwest Senior Center at 6:00 p.m. . Wished everyone a Happy Easter Mavor Pulido . Agreed that the agreement with SAUSD was clear relative to the use of Centennial Park and that the park side was to be maintained for recreational uses; asked staff to provide copies of all the agreements with the School District . Asked the Council to adjourn in memory of Kenny Carpenter and noted that he had contributed much to the community ADJOURNMENT - 7:31 P.M. Adjourned in Memory of Kenny Carpenter atricia E. Healy Clerk of Council CITY COUNCIL MINUTES 132. APRIL 2, 2007