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HomeMy WebLinkAbout2008-03-03 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA MARCH 3, 2008 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:15 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO ATTENDANCE STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido INVOCATION Robert Barnett, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Mardelle L. Ousley Stephen Lee Chavez Ellen Smiley Executive Assistant, City Manager's Office Police Officer, Police Department Senior Personnel Analyst, Personnel Services PRESENTATIONS PROCLAMATION presented by MAYOR MIGUEL PULIDO to Luis Miguel Ortiz-Hare Amieva recognizing him for his service at the Mexican Consulate in Santa Ana. CLOSED SESSION REPORT The City Attorney reported settlement for the Torres claim of $47,175 and settlement total of $24,500 for Rivera, Crockett, and Allstate Insurance. CITY COUNCIL MINUTES 54 MARCH 3, 2008 PUBLIC COMMENT ON AGENDA ITEMS Item 31.A. - Pat McGuigan asked that this matter be set for public hearing CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Councilmember Benavides requested a correction to the Closed Session minutes of February 19, 2008 to reflect that he was present at the meeting . Mayor Pro Tem Alvarez abstained on Items 13.A. and 13.B. . Addition of Closed Session Report - Item 19.A. . Mayor Pro Tem Alvarez recorded a "no" vote on Item 19.C. and pulled item 31.A. for separate discussion . Councilmember Sarmiento pulled Item 23.A. for separate discussion . Item 23.B. pulled for a staff presentation Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (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. -10.B.) 10.A. Adjourned Regular Meeting of February 19, 2008 10.B. Regular Meeting of February 19, 2008 CITY COUNCIL MINUTES 55 MARCH 3, 2008 CONSENT CALENDAR ORDINANCES/SECOND READING In the event a Council member 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. ORDINANCE AMENDING OR REPEALING SECTIONS 2-100 THROUGH 2-104 OF THE SANTA ANA MUNICIPAL CODE RELATED TO RULES AND PROCEDURES FOR MEETINGS OF THE CITY COUNCIL Placed on first reading at the February 4, 2008 City Council meeting and approved by a vote of 7-0 Published in the O.C. Reporter on February 8, 2008 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2762 - An ordinance of the City Council of the City of Santa Ana amending or repealing sections 2-100 through 2-104 of the Santa Ana Municipal Code related to rules and procedures for meetings of the City Council 11.B. ORDINANCE TO AMEND CHAPTERS 41 AND 18 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT HOOKAH PARLORS IN THE CITY Placed on first reading at the February 4, 2008 City Council meeting and approved by a vote of 7-0 Published in the O.C. Reporter on February 8, 2008 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2763 - An ordinance of the City Council of the City of Santa Ana adding Article XIV to Chapter 18, and adding Section 41-73.5 and amending Section 41-144 of the Santa Ana Municipal Code to prohibit the establishment and operation of hookah parlors. BOARDS/COMMISSIONS 13.A. APPOINTMENT Continued from the February 4, 2008 City Council meeting per Councilmember Benavides' request. CITY COUNCIL MINUTES 56 MARCH 3, 2008 CONSENT CALENDAR Motion: Appoint Roman A. Reyna to the Community Redevelopment/Housing Commission, nominated by Councilmember Benavides as the Ward 4 representative for a partial term expiring December 14, 2010. (replacing M. Turner) Mayor Pro T em Alvarez abstained on Item 13.A. 13.B. APPOINTMENT Motion: Appoint Lynnette M. Verino to the Community Redevelopment/Housing Commission, nominated by Councilmember Martinez as the Ward 2 representative for a partial term expiring December 14, 2010. (replacing A. Pedroza) Mayor Pro Tem Alvarez abstained on Item 13.B. 13.C. APPOINTMENT Motion: Appoint Jonathan Espinoza (Ward 6 Resident) to the Youth Commission, (Associate) nominated by Councilmember Tinajero as the Ward 6 representative for a full term expiring December 14, 2010. B.D. COUNCIL COMMITTEE REPORTS Committee Name Development Date 12/06/07 13.E. BOARDS AND COMMISSIONS ATTENDANCE REPORT - CALENDAR YEAR 2007 Motion: Receive and file Boards and Commissions Annual Attendance Report for calendar year 2007. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT CITY COUNCIL MINUTES 57 MARCH 3, 2008 CONSENT CALENDAR Motion: Approve settlements: Larry Torres v. The City of Santa Ana, Case Nos. ANA 03010097, ANA 0312040; AHM 0119173, 115928, & 115930 - Compromise and Release settlement total $47,175 Settlement Total: $24,700 for Claimants: Rena Rivera ($10,250); Josephine Crockett ($9,250); Allstate Insurance ($5,200) 19.B. EXCUSED ABSENCES - None 19.C. DESTRUCTION OF OBSOLETE CITY RECORDS (CITY MANAGER'S OFFICE, FINANCE & MANAGEMENT SERVICES AGENCY, COMMUNITY DEVELOPMENT AGENCY AND POLICE DEPARTMENT) Motion: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule. APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING OFFICE OF EMERGENCY SERVICES PROGRAM GRANT AWARD FUNDS Motion: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. - 08-087 - Accepting the State of California, Office of Emergency Services 2007 Anti-Gang Initiative Grant in the amount of $50,000 into the revenue account and appropriate same into the Office of Emergency Services 2007 Anti- Gang Initiative Grant overtime expenditure account. 2. Adopt a resolution. RESOLUTION NO. 2008-011- A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to execute a grant award agreement with the Office of Emergency Services CITY COUNCIL MINUTES 58 MARCH 3, 2008 CONSENT CALENDAR 20.B. APPROPRIATION ADJUSTMENT FOR THE RECREATIONAL TRAILS PROGRAM GRANT AWARD FOR THE FAIRVIEW TRIANGLE HABITAT RESTORATION PROJECT Motion: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-089 - Recognizing $132,000 in the Fairview Triangle Habitat Restoration Project grant revenue account and appropriating same to the Fairview Triangle Habitat Restoration Project expenditure account for the Fairview Triangle Habitat Restoration Project. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-089 - Recognizing $18,000 in the Park Acquisition and Development - District 1 revenue account and appropriating same to the Park Acquisition and Development - District 1 expenditure account for the Fairview Triangle Habitat Restoration Project expenditure match. 20.C. APPROPRIATION ADJUSTMENT ACCEPTING SCRRA METROLlNK REIMBURSEMENT FUNDS FOR SANTA ANA DOUBLE TRACK LANDSCAPING Motion: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-085 - accepting funds in the amount of $3,000 for the Santa Ana Double Track landscaping into the SCRRA Metrolink Expenditure Reimbursement fund and appropriating the funds to the Public Works median landscaping fund. 20.0. APPROPRIATION ADJUSTMENT - AGREEMENT WITH COUNTY OF ORANGE AND CITY OF SANTA ANA TO ASSIST DISLOCATED WORKERS FROM THE MORTGAGE INDUSTRY Motion: 1. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 59 MARCH 3, 2008 CONSENT CALENDAR APPROPRIATION ADJUSTMENT NO. 08-86 - recognizing $54,000 in revenues awarded to the City of Santa Ana on behalf of the Santa Ana WORK Center by the County of Orange Housing and Community Services Agency. 2. Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2008-039 - With the County of Orange for $54,000 - Community Development Agency 20.E. APPROPRIATION ADJUSTMENT AND AGREEMENTS FOR THE FEMA PRE-DISASTER MITIGATION GRANT PROGRAM AT ST. JOSEPH HOSPITAL Motion: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-091 - Accepting Federal Emergency Management Agency Pre-Disaster Mitigation Program grant funds in the amount of $6,000,000 in revenue account and appropriate the same to expenditure accounts for seismic mitigation projects at SI. Joseph of Orange Hospital's Main and EastfWest Buildings. 2. Adopt a resolution. RESOLUTION NO. 2008-012 - A Resolution of the City Council of the City of Santa Ana authorizing the execution of Federal Emergency Management Agency (FEMA) Pre-Disaster mitigation projects for SI. Joseph Hospital of Orange - Main Building and EastfWest Wing 3. Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2008-205 - Between the City and SI. Joseph Hospital of Orange in the amount of $6,000,000 to pass through Federal Emergency Management Agency funding for seismic mitigation projects at the SI. Joseph facility. CITY COUNCIL MINUTES 60 MARCH 3, 2008 CONSENT CALENDAR GRANTS/APPLlCA TIONS 21.A. FY 2007 EMERGENCY MANAGEMENT PERFORMANCE GRANT Motion: 1. Authorize the City Manager and Clerk of the council to execute the attached sub-grantee agreement. AGMT NO. 2008-040 - With Orange County in the amount of $22,368 - Fire Department 2. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-084 - Recognizing the 2007 Emergency Management Performance Grant funds and appropriate the same into the 2007 Emergency Management Performance Grant expenditure account. 21.B. FM GLOBAL FIRE PREVENTION GRANT Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-088 - Accepting a $2,000 FM Global Fire Prevention Grant into the Fire Department's Gift & Donation account and appropriating the same into the Fire Department's Fire Prevention, other Materials & Supplies account. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.H.) 22.A. SPEC. NO. 07-108 - STOCK PAPER GOODS - Finance & Management Services Agency - Award contracts for a two-year period with provision for two, one-year renewals in the annual aggregate amount not to exceed $201,906 with the following vendors: Gale Supply Company Waxie Sanitary Supply CITY COUNCIL MINUTES 61 MARCH 3, 2008 CONSENT CALENDAR 22.B. SPEC. NO. 07-111 - BALLISTIC POLICE HELMETS - POLICE DEPARTMENT Motion: 1. Reject the bid from Cici Tactical Shop as nonresponsive to the specification. 2. Award a contract to United Shield International, LLC for the purchase of ballistic police helmets with riot face shields in the amount not to exceed $37,655. 22.C. SPEC. NO. 08-005 - COMMUNICATION SYSTEM COMPONENTS - POLICE DEPARTMENT - Award a contract to Merjan Enterprises Inc., dba/Save On Video for a one-year period with provision for two, one-year renewals in an annual amount not to exceed $110,000 - Finance & Management Services Agency 22.D. SPEC. NO. 08-011 - GLOCK FIREARMS - POLICE DEPARTMENT - Amend the contract with Proforce Law Enforcement by $15,000, in an annual amount not to exceed $40,000 - Finance & Management Services Agency 22.E. SPEC. NO. 03-091 - POSITIVE DISPLACEMENT COLD WATER METERS - PUBLIC WORKS AGENCY - Renew the contract with Badger Meter, Inc., for a one-year period in an amount not to exceed $95,000 - Finance & Management Services Agency 22.F. SPEC. NO. 05-130 - REPROGRAPHIC PAPER AND ENVELOPES - POLICE DEPARTMENT - Renew the contract with Unisource Worldwide Inc., for a one-year period in an amount not to exceed $110,000 - Finance & Management Services Agency 22.G. SPEC. NOS. 08-001 AND 08-003 RAPID DEPLOYMENT TRANSPORTATION VEHICLE AND LARGE TRUCKS - PUBLIC WORKS AGENCY AND POLICE DEPARTMENT - Motion: 1. Award a contract to Lake Chevrolet for the purchase of one rapid deployment 'I.-ton transportation vehicle in an amount not to exceed $68,170. 2. Award a contract to City Chevrolet for the purchase of six 'I.-ton utility trucks and one 1-ton utility truck in an amount not to exceed $199,740. CITY COUNCIL MINUTES 62 MARCH 3, 2008 CONSENT CALENDAR 22.H. SPEC. NO. 05-053 - GENERAL CONTRACTING SERVICES - Amend the contract with KCK Construction Co. by $40,000 for an annual amount not to exceed $150,000 - Finance & Management Services Agency PROJECTS 23.A. CONTRACT AWARD" FOR PROJECT RESTORE - THIN OVERLAY PHASE 1 (PROJECT NO: 08-1733).. Councilmember Bustamante abstained on Item 23.A. due to a potential business conflict and he left the dais for this item only Motion: 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $6,761,810 for construction of Project Restore-Thin Overlay Phase I. 2. Approve a Funding Analysis with a total estimated construction cost of $8,790,300. MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: Bustamante (1) ABSENT: None (0) 23.B. SANTA ANA GO LOCAL PROJECT CONCEPT STEP 1 FINAL REPORT AN[)$TEP2APPLlCATION PROJ~O;jiq$.~~.~()2 . . .... . Jim Ross, Executive Director Public Works Agency, introduced Toni Bates of Parsons, Brinckerhoff, Quade and Douglas, Inc., who gave a presentation to the Council on the proposed Go Local Program. Motion: Approve submittal of the Step 1 Santa Ana/Garden Grove Transit Vision and Go Local Project Concept Report to the Orange County Transportation Authority, including a request for funding to move the Project Concept into Step 2 of the Go Local Program. CITY COUNCIL MINUTES 63 MARCH 3, 2008 CONSENT CALENDAR MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 23.C. CONTRACT AWARD FOR REGIONAL TRANSPORTATION CENTER EXTERIOR IMPROVEMENTS (PROJECT NO. 08-1734) Motion: 1. Award a contract to Everlast Painting Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $160,000 for construction of Regional Transportation Center Exterior Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $224,000. 23.0. CONTRACT AWARD FOR RIVERVIEW SANITARY SEWER REHABILITATION Motion: Award a contract to Mocon Corporation in the amount of $39,744 for installation of the Riverview Sanitary Sewer Rehabilitation. AGREEMENTS Motion: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. (Items 25.A. through 25.K.) 25.A. AGMT NO. 2008-042 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-30 - With Michael R. Martinez, Rocio Rendon and Roberta Rendon for the structure located at 1121 South Van Ness Street - Planning & Building Agency CITY COUNCIL MINUTES 64 MARCH 3, 2008 CONSENT CALENDAR 25.B. AGMT NO. 2008-043 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-01 - With Ruth A. Seigle, Trustee of the Seigle Family Trust dated 8/12/1992, for the structure located at 2046 North Flower Street - Planning & Building Agency 25.C. AGMTS AND RESOLUTION - FINANCE AND UTILITY BilLING SOFTWARE Motion: 1. AGMT NO. 2008-037 AND AGMT NO. 2008-053 - With Lawson Software and Systems & Software for a maximum amount not to exceed $5,705,176; 2. AGMT NO. 2008-038 - With Government Finance Officers Association (GFOA) in the amount of $195,000 for a maximum contract amount not to exceed $289,500 - Finance & Management Services Agency 3. Adopt a resolution. RESOLUTION NO. 2008-013 - A resolution of the City Council of the City of Santa Ana authorizing the execution of certain lease financing documents and related instruments and determining other matters in connection therewith 25.D. AGMT NO. 2008-044 - INMATE FOOD SERVICES - Execute an amendment with Aramark Correctional Services, Inc., in an amount not to exceed $70,000 for a one-month term - Police Department 25.E. AGMT NO. 2008-045 AUTOMATED BOOKING SYSTEM MAINTENANCE - With Abbey Group, Inc., in an amount not to exceed $45,334 for a one-year term - Police Department 25.F. AGMT NO. 2008-046 - MAINTENANCE AND REPAIR OF FIRE ALARM SYSTEM AT THE POLICE ADMINISTRATION AND HOLDING FACILITY - With Siemens Building Technologies, Inc., in an annual amount not to exceed $32,960 - Police Department 25.G. AGMT NO. 2008-047 - ACTUARIAL SERVICES - With Bartel Associates, llC., for a total amount not to exceed $32,000 - Finance & Management Services Agency CITY COUNCIL MINUTES 65 MARCH 3, 2008 CONSENT CALENDAR 25.H. AGMT NO. 2008-048 - ENVIRONMENTAL ENGINEERING SERVICES FOR GRAND AVENUE WIDENING BETWEEN FIRST ST AND FOURTH ST (PROJECT 08-1732) - With URS in the amount not to exceed $229,600 including a 15% contingency - Public Works Agency 25.1. AGMT NO. 2008-049 - COMPUTER SOFTWARE MAINTENANCE - Execute an amendment with Intergraph in an amount not to exceed $45,000 per year, for a two year term - Public Works Agency. 25.J. AGMT NO. 2008-050 - ARCHITECTURAL AND LANDSCAPING DESIGN SERVICES AT THE SANTA ANA ZOO AT PRENTICE PARK AND SANTIAGO PARK - Execute an amendment with Ann Christoph in the amount of $72,170 for a total contract in the amount of $155,470 - Public Works Agency 25.K. AGMTS - PURCHASE AND SALE AGREEMENTS FOR 1019 S. BRISTOL STREET (PROJECT 06-1500) . AGMT NO. 2008-051 - With the Taing Family Trust in the amount of $816,795 for purchase and; . AGMT NO. 2008-052 - With Star Bagel Inc. for $240,000 to execute an acquisition settlement agreement - Public Works Agency LAND USE MATTERS CONDITIONAL USE PERMITSNARIANCES 31.A. CONDITIONAL USE:PS~~lt,NP.<2007-17 TO CONS1)RUCrA60-FQOT HIGH CELLULAR ANTEN',iiiS.'\FOR METRO PCSAti2555.S0.'..UTHMAIN STREET .' . .,.....;.. ." ....'" . 1 " ' .."."".,. Recommended action approved by the Planning Commission on February 11, 2008 meeting by a vote of 6-0 (Munoz absent) Applicant: John Koos Motion: Receive and file the staff report approving Conditional Use Permit No. 2007-17 as conditioned. CITY COUNCIL MINUTES 66 MARCH 3, 2008 CONSENT CALENDAR MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 31.B. VARIANCE NOS. 2007-07, 2007-08 AND 2007-11 TO PERMIT A NEW SINGLE-FAMILY RESIDENCE ON A 3,201 SQUARE FOOT LOT AND ALLOW FOR A REDUCTION IN THE REQUIRED OFF-STREET PARKING AND FRONT YARD SETBACK AT 711 EASTSIDE DRIVE Applicant: Jamison Luther Recommended action approved by the Planning Commission on January 28, 2008, by a vote of 6-0 (Betancourt absent) Motion: Receive and file the staff report approving Variance No. 2007-07 as conditioned, Variance No. 2007-08 as conditioned, and Variance No. 2007-11 as conditioned. 31.C. VARIANCE NO. 2007-09 AND MINOR EXCEPTION NO. 2007-04 TO ALLOW A REDUCTION IN REQUIRED LANDSCAPING AND PARKING FOR A NEW RETAIL BUILDING AT 2230 NORTH TUSTIN AVENUE Applicant: Gaetano Belcore Recommended Action approved by the Planning Commission on January 28, 2008 by a vote of 6-0 (Betancourt absent) Motion: Receive and file the staff report approving Variance No. 2007-09 as conditioned and Minor Exception No. 2007-04 as conditioned. 31.0. VARIANCE NO. 2007-16 TO ALLOW AN OFFICE BUILDING ON A SITE THAT DOES NOT MEET LOT SIZE AND STREET FRONTAGE STANDARDS AND VARIANCE NO. 2007-17 TO ALLOW A REDUCTION IN THE REQUIRED REAR YARD LANDSCAPE SETBACK AT 3509 WEST FIFTH STREET CITY COUNCIL MINUTES 67 MARCH 3, 2008 BUSINESS CALENDAR Applicant - James Leung Recommended Action approved by the Planning Commission on February 11, 2008 by a vote of 6-0 (Munoz absent) Motion: Receive and file the staff report approving Variance No. 2007-16 as conditioned and Variance No. 2007-17 as conditioned. TENTATIVE PARCEUTRACT MAPS 32.A. APPEAL NO. 2007-05 (TENTATIVE PARCEL MAP NO. 2007-05 [COUNTY MAP NO. 2006-308]) TO SUBDIVIDE PROPERTY AT 2727 NORTH BRISTOL STREET Applicant - Red Mountain Retail, Inc. On November 28, 2007, the Zoning Administrator adopted a resolution denying Tentative Parcel Map No. 2007-05 (County Map No. 2006-308). The applicant submitted a letter appealing this decision for consideration by the Planning Commission at their January 28, 2008 meeting. On January 28,2008, the Planning Commission denied Appeal No. 2007- 05 by a vote of 6-0 (Betancourt absent) Motion: Receive and file the staff report denying Appeal No. 2007-05 (Tentative Parcel Map No. 2007-05 [County Map No. 2006-308]). ""END OF CONSENT CALENDAR"" BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION AUTHORIZING SUBMISSION OF APPLICATIONS TO THE STATE OF CALIFORNIA LAND AND WATER CONSERVATION FUND GRANT PROGRAM CITY COUNCIL MINUTES 68 MARCH 3, 2008 BUSINESS CALENDAR Motion: Adopt resolutions. RESOLUTION NO. 2008-014 - 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 Cabrillo Park RESOLUTION NO. 2008-015 - 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: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. RESOLUTION AUTHORIZING SUBMISSION FOR PROPOSITION 1C FUNDS FOR TRANSIT ORIENTED DEVELOPMENT PROGRAM APPLICATION Motion: 1. Adopt a resolution. RESOLUTION NO. 2008-016 - 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 Transit Oriented Development 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 Transit Oriented Development Program 3. Authorize the Deputy City Manager for Development Services to execute the application and all documents related thereto. CITY COUNCIL MINUTES 69 MARCH 3, 2008 BUSINESS CALENDAR MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C. RESOLUTION DECLARING THE RESULTS OF THE FEBRUARY 5, 2008 SPECIAL MUNICIPAL ELECTION Mayor Pulido announced that an Ad Hoc Committee comprised of Mayor Pro Tem Alvarez and Councilmembers Sarmiento and Tinajero would be looking at developing the Code of Ethics and Conduct required due to the passage of Measure D at the Special Municipal election held on February 5,2008 Motion: Adopt a resolution. RESOLUTION NO. 2008-017 - A resolution of the City Council of the City of Santa Ana declaring the results of the Special Municipal Election of February 5, 2008 MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.0. RESOLUTION IN SUPPORT OF HOMEOWNERSHIP PRESERVATION EFFORTS Continued from the February 4, 2008 City Council Meeting by a vote of 6-0 (Bustamante absent) CITY COUNCIL MINUTES 70 MARCH 3, 2008 PUBLIC HEARINGS Motion: Adopt a resolution. RESOLUTION NO. 2008-018 - A resolution of the City Council of the City of Santa Ana supporting efforts to address homeownership preservation. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75.A. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2007-21 TO ALLOW THE GOMEZ CHECK CASHING BUSINESS AT 230 WEST WARNER AVENUE, SUITE 102 - ART MARTINEZ, APPLICANT The Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-21 as conditioned on December 10, 2007 by a vote of 3-2 (Betancourt and Leo opposed; Alderete and De La Torre absent) Set for public hearing at the January 7, 2008 City Council Meeting by a vote of 5-1 (Tinajero, no, Sarmiento, abstained) Council member Sarmiento abstained from this item because he performed legal services for one of the property owners and he left the dais for this item only. Legal Notice published in the O.C. Reporter February 22, 2008 and notices mailed. Jay Trevino, Executive Director of Planning and Building Agency presented the staff report Written Communication: None Art Martinez, representing the owner spoke in support of the project; public hearing closed CITY COUNCIL MINUTES 71 MARCH 3, 2008 Motion: Adopt a resolution. PUBLIC HEARINGS RESOLUTION NO. 2008-019 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2007-21 to allow a check cashing facility for the property located at 230 West Warner Avenue, Suite 102 MOTION: Martinez VOTE: AYES: SECOND: Tinajero Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: None (0) 75.B. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2008-2009 Public hearing regarding the proposed Community Development Block Grant (CDBG) Program and Budget for Fiscal Year 2008-2009 Legal Notice published in the Orange County Register, La Opinion, and Nguoi Viet on February 18, 2008 Human Relations Commission Chair Valerie Amezcua addressed the Council and explained the recommendations from the Human Relations Commission. Written Communication: None The following individuals advocated on behalf of their respective organizations: Speakers Kathleen Davis Bowman Marlene Pena Mario Roy Melcher Jon Anderson Robert Diaz Oliver Lopez Ron Brown Sister Eileen McNerney Oraanization (Tab Number) WISE Place (71) Relampago del Cielo (55) Westend C.O.P (70) Career Beginnings (10) OC Bar Foundation (46 & 47) Achievement Institute of Scientific Studies (3) Teen Challenge (64) Taller San Jose (63) CITY COUNCIL MINUTES 72 MARCH 3, 2008 Pam Starr Larry Hayner Jennifer Miramontes John Raya Judith Gallaher Karen Harrington Debbie Groendal Melanie Rios Glaser Lavinia Vega Tom Linnert Claire Braeburn Maricela Rios Sonya Tabb Randy Platt & Tish Leon Juan Hernandez & Elsa Greenfield Rueben Martinez Scott Glubb & Rose Avila Benjamin Vazquez Rosie Avila& Anthony Serrano Ava Steffens Jeanne Flint Christian Anguiano David Valladolid Lydia Savala Cristina Morgenlander Sundaram Rama Erualdo Gonzalez Alejandra Valencia Public hearing closed PUBLIC HEARINGS Paint Your Heart Out (80) Mercy House (44) Legal Aid Society of OC (40) TKO Youth Foundation (68) Acacia Adult Day Services (2) Share Ourselves (61) 2-1-1 Orange County SI. Joseph Ballet (57) The Villa Center (65) Think Together (66) Orange County OnTrack (5) Human Options (33) Second Baptist Church (60) Community Senior Serv (21 & 22) Community Service Program (23) Literacy Enrichment Achievement Plus (56) OC Youth Commission - Wrestling (52) EI Centro Cultural de Mexico (27) OC Youth Commission - Boxing (51) KidWorks Women Helping Women (72) Latino Center for Prevention and Action (37) Parent Institute (54) Santa Ana Friends for the Animals (59) CSM Humanitarian Organization (26) The Cambodian Family (9) EI Centro (27) Blind Children's Learning Center (7) Councilmember Tinajero left the meeting 9:35 p.m. Motion: Continue the matter 30 days (April?, 2008 City Council Meeting) CITY COUNCIL MINUTES MARCH 3, 2008 73 JOINT SESSION COUNCIUCRA MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AT 7:51 P.M., FOLLOWED BY THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND THE HOUSING AUTHORITY MEETING 80A JOINT PUBLIC HEARING - SALE OF AGENCY OWNED PROPERTY LOCATED AT 809 EAST SANTA ANA BLVD. Legal Notice published in the Orange Country Register on February 22, 2008 and March 1, 2008 Written Communication: None No speaker requests; public hearing closed Motion: Adopt a resolution. RESOLUTION NO. 2008-020 - A resolution of the City Council of the City of Santa Ana approving the Sale of Agency owned property located at 809 E. Santa Ana Boulevard; authorizing the Deputy City Manager for Development Services to execute documents as necessary; and making certain findings with respect thereto, on behalf of the City MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 74 MARCH 3, 2008 COMMENTS PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST Jair Vasquez, Jesus Rodriguez, and Rick Niedermayer addressed issues relative to the use of Eddie West Stadium for soccer clubs Alex Vega raised general concerns about issues affecting the City of Santa Ana CITY MANAGER AND COUNCIL COMMENTS 90.A. CITY MANAGER'S REPORT - None 90.B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez . Asked the Council to adjourn in memory of Arthur Carmona ADJOURNMENT - 10:34 p.m. to March 17, 2008, The Santa Ana Zoo at Prentice Park, 1801 E. Chestnut, Pat Johns Classroom, 2nd Floor of the Big Red Barn in the Crean Family Farm In Memory of Arthur Carmona , Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 75 MARCH 3, 2008