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HomeMy WebLinkAbout2007-12-03 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALILFORNIA DECEMBER 3, 2007 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:15 P.M. ATTENDANCE INVOCATION COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (6:20 P.M.) STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council Robert Barnett, Police Chaplain OATHS OF OFFICE (Taken out of order) Administered by the Clerk of the Council to the following: Name BoardlCommission Joe F. Ramirez Personnel Board Norma C. Gonzalez Human Relations Commission EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Ward 6 At Large Don E. Kozakowski Police Officer, Police Department Zac Mazarji Associate Plan Check Engineer, Planning & Building Agency Michel A. Girgis Senior Civil Engineer, Public Works Agency Eileen Oregel Customer Service Representative, Finance & Management Services CITY COUNCIL AGENDA 376 DECEMBER 3, 2007 Todd A. O'Conner Steven O. Alegre Deborah A. Boulter Stephen W. Poe PRESENTATIONS Police Sergeant, Police Department 25 YEARS OF SERVICE Police Sergeant, Police Department Lead Police Records Specialist, Police Department 30 YEARS OF SERVICE Fleet Equipment Technician III, Finance & Management Services PROCLAMATION presented by MAYOR PRO TEM ALVAREZ to St. Joseph Health System in Recognition of receiving the "2007 Great Workplace Award". CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to St. Joseph Hospital for their continuing work with the "100°/a Campaign" in providing health insurance for students of Grant, Wilson, Remington and Jackson Elementary Schools and Villa Fundamental School. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Aline Camero, as "Youth of the Year". CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Alicia Maldonado, Abel Mendoza and Fernando Yela in recognition of their volunteer work on the "Lyon Street Community Resource Fair". CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: ^ Addition of Closed Session Report ^ Items 13.D., 19. F., 25.C., 25.GG. pulled per public speaker requests ^ Councilmember Martinez pulled Item 25.CC. for separate discussion ^ Mayor Pro Tem recorded a no vote on Item 19.G. ^ Councilmember Tinajero abstained on Item 11.A. ^ Councilmember Benavides abstained on Item 25. E. Motion: Approve staff recommendations on the following Consent Calendar items. CITY COUNCIL MINUTES 377 DECEMBER 3, 2007 CONSENT CALENDAR MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) 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. ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. and 10.B.) 10.A. REGULAR MEETING MINUTES OF NOVEMBER 5, 2007 10.B. REGULAR MEETING MINUTES OF NOVEMBER 19, 2007 In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11.A. AMENDMENT APPLICATION NO. 2007-02, SPECIFIC DEVELOPMENT NO. 81, TO SUBDIVIDE A LOT INTO 47 PARCELS AT 3321 SOUTH FAIRVIEW STREET Placed on first reading at the November 5, 2007 City Council meeting and approved by a vote of 6-1 (Tinajero, abstained) Published in the O.C. Reporter on November 9, 2007 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2759 - An ordinance of the City Council of the City of Santa Ana adopting Specific Development No. 81 (SD-81) and rezoning CITY COUNCIL AGENDA 378 DECEMBER 3, 2007 CONSENT CALENDAR the property located at 3321 South Fairview Street from Arterial Commercial (C5) to Specific Development No. 81 (SD-81) (AA No. 2007- 02) Councilmember Tinajero abstained on Item 11.A. due to proximity of the project to his residence. 11.B. ORDINANCE ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES Placed on first reading at the November 5, 2007 City Council meeting and approved by a vote of 6-1 (Alvarez absent) Published in the O.C. Reporter on November 9, 2007 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2760 - An ordinance of the City Council of the City of Santa Ana amending Chapter 8 and 14 of the Santa Ana Municipal Code to adopt and amend thereto the most recently enacted California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California existing Building Code, Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Solar Energy Code, International Property Maintenance Code, and California Fire Code. BOARDS/COMMISSIONSICOMMITTEES 13.A. VACANCY REPORT -NOVEMBER 28, 2007 The Vacancy Report reflects only appointments made by the Council. Motion: Receive and file. BOARD/COMMISSION Community Redevelopment Housing Commission Library Youth Commission -Alternate Youth Commission Associate Youth Commission -Regular Personnel Board TOTAL VACANCIES WARD 2 Tenant & 5 1 6 5 2,3,4,5&6 6 1,3,4,5,6 & Mayor 1 1 1 5 16 CITY COUNCIL MINUTES 379 DECEMBER 3, 2007 CONSENT CALENDAR BOARD/COMMISSION EXPIRED WARD TERMS Historic Resources Commission 1 6 Human Relations Commission 1 At Large Library Board 1 Mayor Personnel Board 1 Mayor TOTAL 4 13. B. APPOINTMENT OF PRIVATE SECTOR MEMBERS TO THE SANTA ANA WORKFORCE INVESTMENT BOARD Motion: Appoint Ms. Teresa Saldivar, Owner, Teresa's Jeweler, and Mr. Octavio Pina, President, Casapueblo Realty, as private sector members on the Santa Ana Workforce Investment Board. 13.C. APPOINTMENT OF LABOR REPRESENTATIVE TO THE SANTA ANA WORKFORCE INVESTMENT BOARD Recommended Action: Appoint Mr. Tefere Gebre, Political Director, Orange County Central Labor Council, as a labor representative member on the Santa Ana Workforce Investment Board. 13.D. REMOVAL OF WARD 6 COMMISSION MEMBER FROM THE EARLY PREVENTION AND INTERVENTION COMMISSION (EPIC) Pursuant to Santa Ana Charter Section 901, a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council. Art Lomeli, Phil Bacerra, Iliana Welty, Ryan Trabuco, Art Pedroza, Julie Stroud, Roy Melcher, Bill Spaulding, Jackie Deter, George Collins, Claudio Gallegos, Tish Leon, and Nelida Yanez all spoke in opposition to the removal of the Ward 6 commission member from the Early Prevention and Intervention Commission (EPIC) Stanley Fiala spoke in support of the removal of the commissioner CITY COUNCIL AGENDA 380 DECEMBER 3, 2007 CONSENT CALENDAR Motion: Remove the Ward 6 representative from the EPIC Commission MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Sarmiento, Tinajero, Pulido (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 13.E. APPOINTMENT Motion: Appoint Eva Lombardo to the Personnel Board nominated by Mayor Pro Tem Alvarez as the Ward 5 representative for a full term expiring December 9, 2008. (replacing R. MacLeod) CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Maddy Act. Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza. BoardslCommission Resignation Effective Posted Time 15.A. Osmel D. Motas, Community Redevelopment/Housing Commission 11 /26/07 11 /26/07 4:40 p. m. 15. B. Nancy Quarles, Workforce Investment Board 11/12/07 11/26/07 4:40 p.m. 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 the map within 10 days of this City Council meeting. 17.A. FINAL TRACT MAP NO. 16626 - 101 E. SANDPOINTE AVENUE CITY COUNCIL MINUTES 381 DECEMBER 3, 2007 CONSENT CALENDAR Motion: Receive and file. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlements: Martinez vs. City of Santa Ana -Case No. ANA 147453, Compromise and Release $37,500 Zastrow vs. City of Santa Ana -Case No. RIV0024107, Compromise and Release $12,500 Cooper vs. City of Santa Ana, Case Nos. ANA 0364614, ANA 0287964, Compromise and Release $85,000 Jose Hernandez vs. City of Santa Ana, Case Nos. ANA 0162543; 0241326; 0240698; 0241327, Compromise and Release $65,000 City of Santa Ana vs. Villa OCSC Case No.07CL00368, Accept $9,505.00 in settlement of subrogation claim 19. B. EXCUSED ABSENCES -None 19.C. COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2006-2007 Motion: Receive and file the Community Redevelopment Agency Annual Report for FY 2006-2007 consisting of: 1. The Annual Audit Report as prepared by Moreland & Associates Inc. 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. 19.D. WORKFORCE INVESTMENT ACT ANNUAL PLAN MODIFICATION FOR FISCAL YEAR 2007-08 CITY COUNCIL AGENDA 382 DECEMBER 3, 2007 CONSENT CALENDAR 19.E. 19.F Motion: Approve the Santa Ana Workforce Investment Board's revised Plan Modification for Fiscal Year 2007-08 and authorize its submittal to the State of California Workforce Investment Board. CALIFORNIA'S EDGE CAMPAIGN Motion: Approve that the Santa Ana Workforce Investment Board join the list of endorsers for California's EDGE Campaign. INSTALLATION OF SPEED HUMPS ON SHELTON STREET, CUBBON STREET, AND PARK LANE Recommended action approved by the Environmental & Transportation Advisory Committee at its October 11, 2007 meeting by a vote of 5-0 (Absent: Loverin, Reyes, Oregel, and Rivera.) Richard Kirwan, Ivan Ashbaugh, and Darren Shippen spoke in support of installation of speed humps on Shelton Street, Cubbon Street and Park Lane Motion: Accept the advisory poll results and approve the funding and installation of speed humps on Shelton Street, Cubbon Street, and Park Lane. MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 19.G DESTRUCTION OF OBSOLETE CITY RECORDS CITY COUNCIL MINUTES 383 DECEMBER 3, 2007 GONSENT CALENDAR Motion: 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. (Police Department) Mayor Pro Tem Alvarez voted no on Item 19.G. APPROPRIATION ADJUSTMENTS 20.A. STATE FARM INSURANCE DONATION Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT - NO. 08-051 - Accepting a $5,000 donation from the State Farm Insurance Company into the Fire Department's Gift & Donation account and appropriating the same into the Fire Department's Fire Prevention, Other Material & Supplies account. 20.6. APPROPRIATION ADJUSTMENT ACCEPTING THE 2008 SOBRIETY CHECKPOINT MINI-GRANT AWARD Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT - NO. 08-053 -Accepting the 2008 Sobriety Checkpoint Mini-Grant award in the amount of $66,010 into the revenue account and appropriate same into the 2008 Sobriety Checkpoint Mini-Grant overtime expenditure account. 20.C. APPROPRIATION ADJUSTMENT FOR THE HABITAT CONSERVATION FUND PROGRAM GRANT AWARD FOR THE MCFADDEN TRIANGLE PROJECT Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) CITY COUNCIL AGENDA 384 DECEMBER 3, 2007 CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. 08-054 -Recognizing $75,000 in the Habitat Conservation Fund Program grant revenue account and appropriating same to the Habitat Conservation Fund Program expenditure account, and recognizing $75,000 in the Park Acquisition and Development revenue account and appropriating same to the Park Acquisition and Development expenditure account for the McFadden Triangle Habitat Restoration project. 20.D. APPROPRIATION ADJUSTMENT ACCEPTING FEDERAL FUNDS FOR FLOWER STREET BRIDGE RAILS (PROJECT NO. 1780) AND FIFTH STREET BRIDGE DECK REHABILITATION (PROJECT N0.1777) Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-052 -Accepting funds in the amount of $221,794 for the Flower and Fifth Streets bridge projects into the Select Street Construction fund, and appropriating the funds to the Select Street Construction Fund. SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (22.A. - 22.1.) 22.A. SPEC. NO. 04-132 -WEEKEND AND HOLIDAY GRAFFITI REMOVAL - PUBLIC WORKS AGENCY -Renew the contract with Graffiti Protective Coatings, Inc., for aone-year period, in an amount not to exceed $100,000 -Finance & Management Services Agency 22. B. SPEC. NO. 05-044 - TEMPORARY PERSONNEL SERVICES - PERSONNEL SERVICES AGENCY -Renew the contracts for aone-year period in the aggregate amount not to exceed $300,000 with the following vendors -Finance & Management Services Agency: Abigail Abbott Staffing Services, Inc. APR Consulting, Inc. Devon & Devon Career Professionals Coneybeare, Inc. Howroyd Wright Employment Agency, Inc. Focus On Temps, Inc. d/b/a AppleOne Employment Services Kimco Staffing Svcs. SelectRemedy Venturi Staffing Partners CITY COUNCIL MINUTES 385 DECEMBER 3, 2007 CONSENT CALENDAR 22.C. SPEC. NO. 05-072 -MISCELLANEOUS CONSTRUCTION MATERIALS - Renew the contract with The Home Depot for cone-year period in an amount not to exceed $95,000 -Finance & Management Services Agency 22.D. SPEC. NO. 06-049 -MISCELLANEOUS SUPPLIES -Renew the contract with Grainger for aone-year period in an amount not to exceed $30,000 - Finance & Management Services Agency 22. E. SPEC. NOS. 07-093, 07-094, 07-095 AND 07-096 -UTILITY VEHICLES, HYBRID MIDSIZE VEHICLE AND STAKE BED TRUCK - PUBLIC WORKS AGENCY Motion: 1. Award a contract to Guaranty Chevrolet, a Santa Ana vendor, for the purchase of one °/.-ton utility vehicle in an amount not to exceed $34,122. 2. Award a contract to City Chevrolet for the purchase of three four- door utility vehicles in an amount not to exceed $63,827. 3. Award a contract to Elmore Toyota for the purchase of one hybrid midsize passenger vehicle in an amount not to exceed $26,123. 4. Award a contract to Raceway Ford for the purchase of one stake bed dump truck in an amount not to exceed $45,023. 22.F. SPEC. N0. 07-097 - REPLACEMENT OF STADIUM PRESS BOX WINDOWS -PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Award a contract to OC Sunny in the amount of $27,844 -Finance & Management Services Agency 22.G. SPEC. NO. 07-100 - POLICE VEHICLE CONVERSION KITS AND MISCELLANEOUS POLICE PRODUCTS -POLICE DEPARTMENT -Award a contract to Adamson Police Products for athree-year period, in the annual amount not to exceed $175,000 -Finance & Management Services Agency 22.H. SPEC. N0. 07-105 -SERVICE AWARDS AND PROMOTIONAL ITEMS - Award a contract to McVicker & Associates in an amount not to exceed $75,000 -Finance & Management Services Agency 22.1. SPEC. NO. 07-104 -BACKUP AND RECOVERY SOFTWARE -Award a contract to CommVault in an amount not to exceed $144,250 -Finance & Management Services Agency CITY COUNCIL AGENDA 386 DECEMBER 3, 2007 CONSENT CALENDAR 23.A. CONTRACT AWARD FOR FOURTH STREET WATER MAIN IMPROVEMENTS (PROJECT NO. 05-3198) Motion: 1. Award a contract to J. De 5igio Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $631,053 for construction of Fourth Street Water Main Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $788,800. 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.A. through 25.GG.) 25.A. AGMT NO. 2007-251 - GEOFILE DATASET MAINTENANCE -Execute an amendment with GIS Data Resources, Inc. in an amount not to exceed $115,000 -Fire Department 25. B. AGMT NO. 2007-252 - TAXI SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER -Execute the first amendment with A White and Yellow Cab Company -Community Development Agency 25.C. AGMT NO. 2007-253- MUNICIPAL PARKING GARAGE OPERATOR - Award athree-year management contract to Parking Concepts Inc. of Los Angeles at a fixed rate not to exceed $28,800 per year -Community Development Agency Hans Merlkein, representing Five Star Parking and Bob Hindle, representing Parking Concepts, spoke in support of award of a management contract to their respective companies CITY COUNCIL MINUTES 387 DECEMBER 3, 2007 CONSENT CALENDAR Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement as amended awarding a management contract for atwo-year period with two, one-year options to be executed at the discretion of the City. MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.D. AGMT NO. 2007-254 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-06 -With Kim and Troy Learning for the structure at 2140 North Ross Street -Planning & Building Agency 25.E. AGMT NO. 2007-255 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-10 -With James A. and Carrie E. Johnson for the structure at 1819 North Ross Street -Planning & Building Agency Councilmember Benavides abstained on Item 25.E. because he represented the applicant on a real estate transaction 25.F. AGMT NO. 2007-256 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-11 -With Stephen J. and Karen Ita Amsler for the structure at 1904 North Flower Street -Planning & Building Agency 25.G. AGMT NO. 2007-257 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-12 -With Adrienne M. Salyer for the structure at 2450 North Riverside Drive -Planning & Building Agency 25.H. AGMT NO. 2007-258 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-14 -With Ramin and Jennifer Faiz as Trustees for the structure at 2371 North Riverside Drive -Planning & Building Agency 25.1. AGMT NO. 2007-259 - HISTORIC PROPERTY PRESERVATION AGREEMENT N0. 2007-15 -With Brian Stoddart and Anthony P. Michalaski for the structure at 2309 North Flower Street -Planning & Building Agency CITY COUNCIL AGENDA 388 DECEMBER 3, 2007 CONSENT CALENDAR 25.J. AGMT NO. 2007-260 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-16 -With Marjorie Panzer for the structure at 2412 North Heliotrope Drive -Planning & Building Agency 25.K. AGMT N0. 2007-261- HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-17 -With John Frederickson for the structure at 2127 North Ross Street -Planning & Building Agency 25.L. AGMT NO. 2007-262 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-18 -With Ron 5triewig and Rachel Hulan for the structure at 1824 North Ross Street -Planning & Building Agency 25.M. AGMT N0. 2007-263 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-19 -With Kenneth and Leah Schmidt for the structure at 1907 North Flower Street -Planning & Building Agency 25.N. AGMT NO. 2007-264 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-20 -With Frederick Thomas Turnley for the structure at 2144 North Greenleaf Street -Planning & Building Agency 25.0. AGMT NO. 2007-265 - HISTORIC PROPERTY PRESERVATION AGREEMENT N0. 2007-21 -With Anne D. Etheridge for the structure at 2128 North Greenleaf Street -Planning & Building Agency 25.P. AGMT N0. 2007-266- HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-22 -With Gregg A. Rogers for the structure at 2429 North Heliotrope -Planning & Building Agency 25.0. AGMT NO. 2007-267 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-23 -With Steven M. Crane and Celeste F. Crane as Trustees for the structure at 2410 North Bonnie Brae -Planning & Building Agency 25. R. AGMT NO. 2007-268 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-24 -With Michael G. and Synthia Baynes for the structure at 1932 North Heliotrope Drive -Planning & Building Agency 25.S. AGMT NO. 2007-269 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-25 -With Richard and Jeanette Chiarini for the structure at 1920 North Heliotrope Drive -Planning & Building Agency 25.T. AGMT NO. 2007-270 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-28 -With Francois and Kathleen Van de Voorde for the structure at 1816 North Flower Street -Planning & Building Agency CITY COUNCIL MINUTES 389 DECEMBER 3, 2007 CONSENT CALENDAR 25.U. AGMT NO. 2007-271 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-29 -With Anya de Lancellotti for the structure at 2110 North Ross Street -Planning & Building Agency 25.V. AGMT NO. 2007-272 -CONSULTING AND ASSESSMENT SERVICES OF THE CITY'S INFORMATION TECHNOLOGY INFRASTRUCTURE - Execute an amendment with Xonovia Technologies LLC for $48,000 to a total aggregate amount not to exceed $223,000 -Finance & Management Services Agency 25.W. AGMT NO. 2007-273 -ADULT CROSSING GUARD PROGRAM - Execute an amendment with All City Management Services, LLC for an additional one-year term in an amount not to exceed $894,447 -Police Department 25.X. AGMT NO. 2007-274 - CONSULTING SERVICES - Execute an amendment with DuChesne & Associates, LLC to increase the compensation by an additional $5,000 for a total aggregate amount not to exceed $30,000 -Police Department 25.Y. AGMT NO. 2007-275 -MASTER FUNDING AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY - Execute Amendment No. 13 to the Master Funding Agreement with the Orange County Transportation Authority for projects in the Combined Transportation Funding Program and the Bicycle and Pedestrian Facilities Program -Public Works Agency 25.Z. AGMT NO. 2007-276 -PURCHASE AGREEMENT FOR PORTION OF 1007 AND 1011 BRISTOL STREET (PROJECT 06-1500) -With Aurora Angel for the purchase of a portion of the commercial property located at 1007 and 1011 S. Bristol in the amount of $937,000 -Public Works Agency 25.AA. AGMT N0. 2007-277 -ACQUISITION AND RELOCATION OF JC REALTORS, INC. AND JERONIMO CHAVEZ INCOME TAX SERVICE AT 323 S. BRISTOL STREET (PROJECT 06-1500) -Execute an acquisition and relocation agreement with Jeronimo and Guadalupe Chavez, dba JC Realtors, Inc. and Jeronimo Chavez Income Tax Service totaling $200,000 - Public Works Agency 25.86. AGMT NO. 2007-278 -PROFESSIONAL SERVICES -With WeIlDyne/Rx West Inc. for an amount not to exceed $60,000 -Public Works Agency CITY COUNCIL AGENDA 390 DECEMBER 3, 2007 CONSENT CALENDAR 25.CC. AGMT NO. 2007-279 -VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES WITH VIDEO ENGINEERING SERVICES- Execute an amendment with Video Engineering Services extending the term of the agreement for one year in an amount not to exceed $99,660 -Parks, Recreation & Community Services Agency Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.DD. AGMT NO. 2007-280 -OFFICE SPACE AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER -Execute the second amendment to the lease agreement with the County of Orange -Community Development Agency 25.EE. AGMT - NO. 2007-281 -CELLULAR ANTENNA AT JEROME PARK - Execute an amendment with Omnipoint Communications Inc. (T-Mobile) - Parks, Recreation & Community Services Agency 25.FF. AGMT N0. 2007-282 -LEGAL SERVICES -Execute an amendment with the law firm of McCune and Harber increasing the hourly rate from $155 to $175 -City Attorney's Office 25.GG. SANTA ANA TRANSIT VISION AND GO LOCAL PROJECT CONCEPT STUDY PROJECT - 06-2502 Jackie Deter raised concerns that the money designated for this agreement should be used to fix the local streets instead. CITY COUNCIL MINUTES 397 DECEMBER 3, 2007 CONSENT CALENDAR Motion: 1. AGMT N0. 2007-283- Execute an amendment to the agreement with Parsons Brinckerhoff (PB) in an amount not to exceed $350,000 to conduct the Santa Ana Transit Vision and Go Local Project Concept Study -Public Works Agency 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-055 - Transferring $350,000 in Gas Tax funds from the Neighborhood Traffic Mitigation project, (Project No. 04-1002) to the Santa Ana Transit Vision and Go Local Project Concept Study, (Project No. 06-2502). MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERMITSNARIANCES 31.A. CONDITIONAL USE PERMIT 2007-20 FOR 2907 SOUTH CRODDY WAY Filed by Monica Moretta, Sequoia Deployment Services, Inc., to allow T- Mobile to construct a 60-foot high wireless facility in the Light Industrial (M1) zoning district located at 2907 South Croddy Way. Recommended action approved by the Planning Commission on October 22, 2007, by a vote of 7-0. Motion: Receive and file the staff report approving Conditional Use Permit No. 2007-20 as conditioned. CITY COUNCIL AGENDA 392 DECEMBER 3, 2007 CONSENT CALENDAR 31.B. CONDITIONAL USE PERMIT NO. 2007-22, VARIANCE NOS. 2007-10, 2007-12 FOR 601 NORTH BAKER STREET Filed by Ilona Martin, to allow a modeling school in the Single Family Residence (R1) zoning district and to vary from the fencing and landscaping standards at 601 North Baker Street. Motion: Receive and file the staff report approving Conditional Use Permit No. 2007-22 as conditioned, Variance No. 2007-10 as conditioned and No. 2007-12 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCESIFIRST READING 50.A. ORDINANCE AMENDING THE MUNICIPAL CODE REGULATING PARADES AND SPECIAL EVENTS Jackie Deter asked questions related to the amended regulations Motion: Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending sections 10-7, 10-9, 10-22 and 10-22.2 of the Santa Ana Municipal Code, relating to parade and special events permits. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) CITY COUNCIL MINUTES 393 DECEMBER 3, 2007 BUSINESS CALENDAR RESOLUTIONS 55.A. PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN PERTAINING TO NEW MINIMUM WAGE RATE Motion: Adopt a resolution. RESOLUTION N0. 2007- 084 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to amend the City's Basic Classification and Compensation Plan to provide pay increases for eight part time titles, to ensure compliance with State minimum wage law. MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) 55.B. PROPOSED AMENDMENT TO CLASSIFICATION COMPENSATION PLAN AND ANNUAL BUDGET Motion: Adopt a resolution. AND RESOLUTION NO. 2007- 085 - A resolution of the City Council of the City of Santa Ana to amend the current annual budget to add two full time Assistant Engineer II positions and one full time Construction Inspector II position in the Public Works Agency MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Tinajero, Pulido (6) None (0) None (0) Sarmiento (1) CITY COUNCIL AGENDA 394 DECEMBER 3, 2007 BUSINESS CALENDAR COUNCIL RECESSED TO JOINT SESSION BETWEEN CITY COUNCIL AND THE SANTA ANA FINANCING AUTHORITY MEETING AT 8:02 P.M. 80.A. RESOLUTION APPROVING AGREEMENTS AND FINANCING DOCUMENTS FOR LOCAL STREET FINANCING Lloyd Hamilton asked if the money designated for local street financing was to be used for residential streets only; Jackie Deter questioned the need to add additional personnel Motion: Adopt a resolution. RESOLUTION NO. 2007-086 - A resolution of the City Council of the City of Santa Ana authorizing the execution and delivery of a certificate purchase agreement and authorizing the distribution on an official statement in connection with the offering and sale of such certificates, and other matters relating thereto, and ratifying action previously taken or approved to be taken, including the execution and delivery of an installment sale agreement and the execution and delivery of City of Santa Ana, California, Gas Tax Revenue Certificates of Participation (2007 Local Street Improvement Project) pursuant to a trust agreement. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECONVENED WITH ALL MEMBERS PRESENT AT 8:23 P.M. COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AT 8:23 P.M. clrr couNCIL MINUTES 395 DECEMBER 3, 2007 BUSINESS CALENDAR 80.B. LOAN AGREEMENTS WITH TOWNSEND & RAITT, LLC AND AUTHORIZATION OF RELOCATION PLANS At its Regular Meeting of November 20, 2007, the Community Redevelopment and Housing Commission voted against recommending the actions for City Council and Community Redevelopment Agency consideration listed below by a vote of 2-3 (Pedroza, Rodriguez, Vasquez: No; Turner: absent), respectively. Motion: Continue the matter 30 days (January 7, 2008 City Council Meeting) per staff request. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 8:24 P.M. FOLLOWED BY THE HOUSING AUTHORITY COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85.A AMENDING SANTA ANA MUNICIPAL CODE SECTION 2-100 TO PROVIDE FOR TELEVISED COUNCIL MEETINGS (MARTINEZ) George Collins, Ryan Trabuco, Nelida Yanez, Steve McGuigan, Jackie Deter, Phil Bacerra, Tish Leon, Art Pedroza, and Thomas Gordon spoke in support of the proposal to televise all Council Meetings. Stanley Fiala spoke in opposition to this proposal. Councilmember Martinez moved that the City Attorney prepare an ordinance amending Santa Ana Municipal Code Section 2-100 by requiring that all city council meetings be videotaped and televised on a public access channel, be made available as streaming online footage on the city's website, and be made available in an online searchable archive on the City's website for at least five years. CITY COUNCIL AGENDA 396 DECEMBER 3, 2007 Motion died due to the lack of a second. COMMENTS 90.A. PUBLIC COMMENTS Perla Najera raised concerns about the activities of an employee of the Santa Ana Boys and Girls Club. Yan-Bo Yang, Bin Li and Hongwen Lou asked the Council to support practitioners of Falun Gong. James A. Kern spoke of problems concerning the City's streets and sidewalks. Carol Zhang invited the Council and residents to a Chinese New Year event at Nokia Theatre in Los Angeles. Juan Gonzalez briefed the Council relative to recent activities of the Santa Ana Soccer Association. Ryan Trabuco noted that he was disappointed in the removal of the Ward 6 commissioner on EPIC. Stanley Fiala and Jackie Deter discussed general City issues. Steve McGuigan announced that the Holiday Lights at the Santa Ana Zoo event was starting on December 21, 2007 from 5:30 p.m. to 8:00 p.m. George Collins and Art Pedroza reiterated their support for televising all meetings. 90. B. CITY COUNCIL COMMENTS Councilmember Sarmiento • Noted that the City Council approved a contract for weekend and holiday graffiti removal on tonight's agenda • Wished everyone a happy holiday season • Noted that the tree lighting ceremony at City Place was a great success • Reminded residents that toys were being gathered by the Fire Department for the annual toy drive Councilmember Martinez • Wished everyone a happy holiday season LI I Y COUNCIL MINUTES 397 DECEMBER 3, 2007 COMMENTS . Announced that the French Park Tour was being held this weekend and that the Wilshire Square Parade would be held on Sunday . Congratulated Louis Ramos who won his first professional boxing fight . Offered condolences to the parents of two victims of recent violence Councilmember Bustamante . Noted the tree lighting ceremony was attended by most of the members of the Council and was extremely enjoyable . Thanked firefighters from Station 5 for their assistance in putting lights on the Christmas tree in Floral Park Mavor Pro Tem Alvarez . Reminded everyone to contribute to the Toys for Tots efforts and to buy toys from Santa Ana merchants Wished everyone happy holidays Councilmember Benavides Thanked all the firefighters who supported the County's efforts in extinguishing the Santiago Fire . Invited everyone to attend the Wilshire Square Parade this weekend Wished everyone a great holiday season Councilmember Tinaiero . Congratulated Councilmember Bustamante on the opening of the Santa Ana Business Bank . Noted that there were several comments made by speakers that were not accurate relative to the removal of a commissioner; further noted that commissioners do not have to agree with the Councilmember who nominated him/her but must be willing to create an environment where solutions can be found . Congratulated the police department for the recent solving of "cold case' crimes Mavor Pulido . Thanked staff for all their efforts in developing the street program that was approved on tonight's agenda . Wished everyone a happy holiday season ADJOURNMENT - 9:49 p.m. ~ _ ~, f ' cz ~ mac' `_` a ~-" i Patricia E. Healy Clerk of the Council CITY COUNCIL AGENDA 398 DECEMBER 3, 2007