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HomeMy WebLinkAbout2007-08-06 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA AUGUST 6, 2007 CALLED TO ORDER COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:04 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: CATHY STANDIFORD, Assistant City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido INVOCATION Gary Tucker, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Luisa Mendoza Police Officer, Police Department Police Officer, Police Department Police Officer, Police Department Police Sergeant, Police Department Police Officer, Police Department Maintenance Worker II, Public Works Agency Senior Personnel Services Specialist, Personnel Services Police Sergeant, Police Department Stephen A. Ahearn Jesus G. De La Barcena James F. Geist Ronald C. Grace Boudewijn G. Herter Jose L. Martinez Theron D. Reed CITY COUNCIL MINUTES 260 AUGUST 6, 2007 PRESENTATIONS CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing National Marrow Donor Program Celebrating its "25,000+ Transplants" CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Bonert's Slice of Pie recognizing their 2007 Blue Ribbon Pie Awards from the American Pie Council CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Orange County Probation Department recognizing their commitment and contributions towards providing a safe environment for the families of Orange County CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES recognizing Ronny Rios as a 2008 Beijing Olympic hopeful along with Hector Lopez and Andres Olivares for their coaching of Ronny Rios CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES recognizing KidWorks for its annual summer carnival CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to -Jorge and Elsie Robles recognizing their dedicated service to the community and the Northwest Little League PROCLAMATION presented by COUNCILMEMBER SARMIENTO proclaiming August 6th as Bolivian Independence Day -Not present CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Addition of Closed Session Report . Item 25.A. pulled for separate discussion due to a request to speak from a member of the public . Item 25.E. pulled for separate discussion to allow staff to present an update on th is matter Motion: Approve staff recommendations on the following Consent Calendar items. ADMINISTRATIVE MATTERS MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 261 AUGUST 6, 2007 CONSENT CALENDAR NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. MINUTES Motion: Approve minutes. (Item 10.A. - 10.B.) 10.A. 10.B. REGULAR MEETING MINUTES OF JULY 16, 2007 ADJOURNED REGULAR MEETING MINUTES OF JULY 16, 2007 ORDINANCES/SECOND READING 11.A. AMEND THE GENERAL PLAN OF THE CITY AND CREATE STANDARDS FOR NON-RESIDENTIAL CONDOMINIUM DEVELOPMENTS WITHIN CHAPTERS 34 AND 41 OF THE SANTA ANA MUNICIPAL CODE Placed on first reading at the July 16, 2007 City Council meeting and approved by a vote of 6-0 (Benavides absent) Published in the Orange County Reporter on July 20,2007 Motion: Place ordinance on second reading and adopt ORDINANCE NO. NS-2755 - An ordinance of the City Council of the City of Santa Ana amending Article IX of and adding Article XII to Chapter 34 and adding Article XVIII to Chapter 41 of the Santa Ana Municipal Code relating to establishment and conversion of commercial and industrial common interest developments 11.B. ZONING ORDINANCE AMENDMENT NO. 2007-02 TO ALLOW THE CONVERSION OF THE CALIFORNIA PALMS TO A TRANSIENT/RESIDENTIAL HOTEL AT 801 AND 901 SOUTH HARBOR BOULEVARD Placed on first reading at the July 16, 2007 City Council meeting and approved by a vote of 6-0 (Benavides absent) CITY COUNCIL MINUTES 262 AUGUST 6, 2007 CONSENT CALENDAR Published in the Orange County Reporter on July 20, 2007 Motion: Place ordinance on second reading and adopt ORDINANCE NO. NS-2756 - An ordinance of the City Council of the City of Santa Ana approving and adopting a negative declaration for Environmental Review No. 2004-158 and amending the North Harbor Specific Plan (SP2) zoning district to allow transient/residential hotel uses with a Conditional Use Permit (ZOA No. 2007-02) BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - AUGUST 1,2007 The Vacancy Report reflects only appointments made by the Council. Motion: Receive and file. BOARD/COMMISSION VACANCIES Community Redevelopment 1 Housing Commission Youth Commission - Alternate 2 Youth Commission Associate 6 Youth Commission - Regular 1 Personnel Board 1 WARD Tenant 3&5 1,3,4,5,6 & Mayor 1 5 TOTAL 11 BOARD/COMMISSION EXPIRED TERMS WARD Historic Resources Commission 1 Human Relations Commission 1 Library Board 1 Personnel Board 2 Youth Commission - Alternate 1 6 At Large Mayor 6 & Mayor 4 TOTAL 6 19.A. MISCELLANEOUS ADMINISTRATION CLOSED SESSION REPORT Motion: Approve settlements: CITY COUNCIL MINUTES 263 AUGUST 6, 2007 19.B. 19.C. Motion: 19.0. Motion: CONSENT CALENDAR David Lampman, WCAB Case # AHM 0102371; AHM 124597; AHM 0134798; Stipulation with request for award at $23,100,00 John Tucker, WCAB Case #: AHM0122347; AHM0044672; AHM 0054237; AHM 0073620; AHM 0063233; Stipulation with request for award at $55,384.00 CPS Human Resources Services, Claimant, Claim #2007-074 = $14,520.33 EXCUSED ABSENCES - None DESTRUCTION OF OBSOLETE CITY RECORDS Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. INVESTMENTS REPORT - QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2007 - FINANCE & MANAGEMENT SERVICES AGENCY Receive and file report. APPROPRIATION ADJUSTMENTS 20.A. FEMA ASSISTANCE TO FIREFIGHTERS GRANT FY 2006 Motion: 1. Authorize the City Manager to accept the FEMA Assistance to Firefighters Grant FY 2006 in the amount of $93,948 20.B. Motion: 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-002 - Recognizing the FEMA Assistance to Firefighters Grant FY 2006 funds, a transfer of $23,486 in required "cash match" and appropriate the same into FEMA Assistance to Firefighters Grant FY 2006 grant expenditure account APROPRIATION ADJUSTMENT ACCEPTING ORANGE COUNTY TRANSPORTATION AUTHORITY FUNDS FOR THE SENIOR MOBILITY PROGRAM Approve an appropriation adjustment. (Requires five affirmative votes) 264 AUGUST 6, 2007 CITY COUNCIL MINUTES CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. 08-012 - Accepting $195,276 in the Orange County Transportation Authority Senior Mobility Program revenue accounts and appropriate funds to the Senior Mobility Program expenditure accounts. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (22.A. - 22.F.) 22.A. SPEC. NO. 05-066 - ASPHALT CONCRETE MATERIALS - PUBLIC WORKS AGENCY - Renew the contract with Vulcan Materials Co. for a one-year period in an amount not to exceed $90,000 - Finance & Management Services Agency 22.B. SPEC. NO. 07-041 - TRASH CAN LINERS Motion: 1. Reject the bids from Green Concept Production, Inc., E Poly Star, and Unipak Corporation as nonresponsive to the specification. 2. Award a contract to Gale Supply Company for trash can liners for a one-year period with provision for three, one-year renewals in an annual amount not to exceed $39,985. 22.C. SPEC. NO. 07-063 - CONSTRUCTION INSTALLATION SIGNS - PUBLIC WORKS AGENCY - Award a contract to Maneri Sign Company Inc., for a one-year period, with provision for three one-year renewals in an annual amount not to exceed $26,700 - Finance & Management Services Agency 22.0. SPEC. NO. 07-064 - TRAFFIC SIGNS AND RELATED HARDWARE - PUBLIC WORKS AGENCY - Award a contract to Zumar Industries, Inc., for a one-year period, with provision for three, one-year renewals in the annual amount not to exceed $93,225 - Finance & Management Services Agency 22.E. SPEC. NO. 07-065 - SELF-CONTAINED BREATHING APPARATUS, PARTS, AND ACCESSORIES - FIRE DEPARTMENT - Award a contract to Allstar Fire Equipment, Inc. in the amount of $85,595; and an additional $15,000 for an annual blanket contract - Finance & Management Services Agency 22.F. SPEC. NO. 07-066 - POLICE PATROL SEDANS - Renew the contract with Wondries Fleet Group in the amount of $349,965.07 - Finance & Management Services Agency CITY COUNCIL MINUTES 265 AUGUST 6, 2007 CONSENT CALENDAR PROJECTS MAINTENANCE. REHABILITATION. IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR CORPORATE YARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPROVEMENTS (PROJECT NO. 07-6006) Motion: 1. Award a contract to Fleming Environmental, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $465,849 for construction of Corporate Yard National Pollutant Discharge Elimination System Improvements. 2. Approve a funding Analysis with a total estimated construction cost of $605,400. BUDGETARY MATTERS AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.B. - 25.D.) 25.A. AGMT NO. 2007-183 - ANIMAL SHELTER SERVICES - With the County of Orange in an annual amount not to exceed $635,071 - Police Department Gary Boatwright requested to speak on this item, however was not present when the matter was heard MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.B. AGMT NO. 2007-184 - RIGHT-OF-WAY-SERVICES - Execute an amendment with California Property Specialists (CPSI) for a total agreement amount of $1,050,000 - Public Works Agency CITY COUNCIL MINUTES 266 AUGUST 6, 2007 CONSENT CALENDAR 25.C. AGMT NO. 2007-185 - DESIGN ENGINEERING SERVICES FOR THE SR-55/MACARTHUR BLVD. ON-RAMPS WIDENING (PROJECT 07- 2503) - With PBS&J. in the amount not to exceed $346,000 including a 15% contingency - Public Works Agency 25.D. AGMT NO. 2007-186 - PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) - With Hector Pantoja for the purchase of the residential property located at 302 S. Bristol in the amount of $625,000 - Public Works Agency 25.E. AGMT NO. 2007-187 - EVENT MANAGEMENT SERVICES FOR THE 2007 SEPTEMBER FIESTA - With All Access Entertainment - Community Development Agency Mayor Pulido declared a conflict of interest on Item 25.E. due to the proximity of his family business to the proposed September Fiesta site and left the dais; Mayor Pro Tem Alvarez assumed the Chair. Councilmember Sarmiento declared a conflict of interest because he represents the owner of a property in close proximity to the project site, and left the dais. Manuel Pena and Sam Romero addressed the Council with concern that not all the downtown property owners were given sufficient information on meetings that were held related to the event. MOTION: Bustamante SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) **END OF CONSENT CALENDAR** Mayor Pulido and Councilmember Sarmiento returned to the dais and Mayor Pulido assumed the Chair. CITY COUNCIL MINUTES 267 AUGUST 6, 2007 BUSINESS CALENDAR ORDINANCES/FIRST READING 50.A. ORDINANCE PROHIBITING DROP OFF OF UNSOLICITED HANDBILLS AT A HOME Sean Mill questioned the need for this ordinance. Councilmember Tinajero moved that the matter be tabled indefinitely. Motion: Table the item indefinitely. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55.A. RESOLUTION TO DEVELOP A YOUTH AND FAMILY MASTER PLAN Continued from the July 2,2007 City Council Meeting by a vote of 7-0 Motion: Continue the matter to the August 20, 2007 City Council Meeting. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 55.B. RESOLUTION ADOPTING JOHN WAYNE AIRPORT CORRIDOR CITY COALITION POSITION STATEMENT Council discussion ensued. Mayor Pro Tem Alvarez asked that the draft resolution be amended to delete Section 3 authorizing the Mayor and City CITY COUNCIL MINUTES 268 AUGUST 6, 2007 BUSINESS CALENDAR Staff to take whatever action is necessary to implement the Position Statement, and further amended to delete Section 4 reaffirming the commitment to implement all components of the John Wayne Airport strategy outlined in the General Plan and the Policy. Motion: Adopt a resolution. RESOLUTION NO. 2007- 056 - A resolution of the City Council of the City of Santa Ana adopting a John Wayne Airport Coalition City Position statement MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE VOTERS QUESTIONS ON CHANGES IN THE CITY CHARTER RELATED TO TERM LIMITS Robin Cook suggested that the Council place multiple choices regarding term limits on the ballot including a choice of no term limits; Thomas Gordon agreed that the voters should have multiple choices; Stanley Fiala opposed term limits; and, George Estrada spoke in opposition to the proposal on the agenda Motion: 1. Adopt a resolution: RESOLUTION NO. 2007-057 - A resolution of the City Council of the City of Santa Ana calling for and giving notice of a Special Municipal Election for submission to the voters of questions relating to the amendment of the City Charter; requesting the Orange County Board of Supervisors to consolidate the Special Election with the February 5, 2008 Statewide Presidential Nominating Election; setting forth the language of ballot titles; and establishing procedures for submission of ballot arguments regarding the Charter Amendments. 2. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for/against the proposed charter amendments, fix the date for the submission of arguments, and post the notice for the CITY COUNCIL MINUTES 269 AUGUST 6, 2007 BUSINESS CALENDAR argument process in accrrdance with the provisions of the California State Elections Code. ~ 3. Direct the City Attorney to prepare an impartial analysis for each of the two charter amendments submitted to the voters. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez, Bustamante, Pulido, Sarmiento, Tinajero (5) NOES: Benavides, Martinez (2) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75.A. PUBLIC HEARING - SEWER SYSTEM MANAGEMENT PLAN, DEVELOPMENT PLAN AND SCHEDULE Legal Notice published on July 27, 2007 in the Orange County Reporter Motion: Adopt the Sewer System Management Plan, Development Plan and Schedule. Staff presentation by Jim Ross, Executive Director, Public Works Agency No written communication No public speakers; public hearing closed MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 270 AUGUST 6, 2007 JOINT SESSION CRA / CITY COUNCIL COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY AT 7:44 P.M. 80.A. CONTRACT AWARD TO PREPARE THE GENERAL PLAN HOUSING ELEMENT UPDATE AND COOPERATIVE AGREEMENT Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a contract with The Planning Center to prepare the General Plan Housing Element in an amount not to exceed $227,670. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) to use $25,000 of Agency funds on the General Plan Housing Element. MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 80.B. JOINT PUBLIC HEARING - PROPOSED SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND MARTIN INVESTMENT COMPANY FOR PROPERTY IN THE MERGED REDEVELOPMENT PROJECT AREA Legal Notice published in the O.C. Reporter July 23 and 30, 2007. Staff presentation by Steve Harding, Executive Director, Community Development Agency No written communication No public speakers; public hearing closed Motion: Adopt a resolution. CITY COUNCIL MINUTES 271 AUGUST 6, 2007 JOINT SESSION CRA / CITY COUNCIL RESOLUTION NO. 2007-058 - A resolution of the City of Santa Ana approving the sale of agency owned property generally located in the 1300 block of South Ritchey Avenue, Santa Ana, California; and making certain findings with respect thereto, on behalf of the City MOTION: Tinajero SECOND: Benavides 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 AT 7:46 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING COMMENTS 90.A. PUBLIC COMMENTS Gary Boatwright spoke against the "barking dog" ordinance; Eric Gregory noted that he wanted to support the unsolicited handbill ordinance which was tabled. Alex Vega, Stanley Fiala and Lisann Martinez brought up general matters within the City's jurisdiction. Roy Alvarado raised concerns about activities occurring on property between Bewley and Figueroa streets. George Estrada spoke against providing services to immigrants who are illegally in the country; Carlos Castenada spoke in support of immigrant rights. 90.B. CITY COUNCIL COMMENTS Councilmember Tinaiero . Announced that the Pop Warner Football leagues started the season this week at Lillie King and Memorial Parks . Invited everyone to the Zoo on August 7, 2007 for "National Night Out" an annual event designed to heighten crime and drug prevention awareness CITY COUNCIL MINUTES 272 AUGUST 6, 2007 COMMENTS Councilmember Benavides · Invited residents to the Santa Ana Police Department's 2nd annual Career Expo on Saturday, August 11, 2007 at the Santa Ana Police Department from 9:00 a.m. to 2:00 p.m. · Asked the Council to adjourn in memory of Thomas R. Reyna, father of Roman Reyna who is a member of the Santa Ana Empowerment Zone Mavor Pro Tem Alvarez · Asked residents to reach out to families who have relatives serving our Country in Iraq . Announced that Congresswoman Loretta Sanchez will host the 4th annual Orange County Veterans' Fair at the Garden Grove Elks Lodge from 9:00 a.m. to 1 :00 p.m. on August 11, 2007 . Noted that at the ribbon cutting ceremony for the opening of the Dunn Edwards Paint store she was presented with a Tiffany pen which she would like to present to Human Options to use as a silent auction item in their next event to raise funds to fight domestic violence Councilmember Bustamante . ~ . Noted that the ordinance on Item 50A related to unsolicited handbills which was tabled indefinitely was a simple ordinance which would give owners the right to sue if someone violated their right to privacy by not honoring "no soliciting" signage on their property; he further noted that it was not the City's intent to enforce this ordinance Council member Martinez . Announced that she attended the Mayor's Conference in Monterey, California . Invited residents to participate in the Madison Park walk-a-thon on August 11, 2007 starting at 8:30 a.m. . Invited residents to attend the Morrison Park Concert in the evening on August 11, 2007 . Invited residents to the Santa Ana Custom Classic Car Show at Santa Ana High School on August 19, 2007 . Congratulated Ronny Rios on his accomplishments as an Olympic boxing hopeful Councilmember Sarmiento · Noted that the ceremony celebrating the new Main Street Archway was very successful . Thanked the Deputy City Manager in the Community Development Agency and congratulated his staff for receiving a Calhome Program award which will allow residential rehabilitation loans for City residents; the City received the maximum amount awarded CITY COUNCIL MINUTES 273 AUGUST 6, 2007 COMMENTS . Noted that the Rip Ribble Education Center was dedicated at the Sunset at the Zoo program which was held on August 5, 2007 . Thanked everyone who participated in the two day citizen fair held in the City Mavor Pulido . Announced that there would be a groundbreaking ceremony for a new Mother's Market near Main Place on August 10, 2007 at 10:00 a.m. ADJOURNMENT - 8:29 p.m. Patricia E. Healy Clerk of the Council mory of Thomas R. Reyna CITY COUNCIL MINUTES 274 AUGUST 6, 2007