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HomeMy WebLinkAbout2008-06-02 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA JUNE 2, 2008 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:09 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 INVOCATION EMPLOYEE SERVICE AWARDS STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council Robert Barnett, Police Chaplain MAYOR PULIDO 20 YEARS OF SERVICE Danell L. Mercado Projects Manager, Public Works Agency 30 YEARS OF SERVICE Eddie L. Bentley Fleet Equipment Supervisor, Finance & Management Services CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to the Santa Ana Police Department - 2008 Running Team for placing fourth place in the 2008 Baker to Vegas Relay Run. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to 'Sergio Velazquez and Jose Romo for a successful 2008 Cinco de Mayo Event in Downtown Santa Ana. CITY COUNCIL MINUTES 145 JUNE 2, 2008 CONSENT CALENDAR CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS MARTINEZ and SARMIENTO to Ability Awareness/Ability House, The Orange County Arc, and Habitat for Humanity for rebuilding homes for those with special needs. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the 2008 Hispanic Bar Association of Orange County and Board members for their service on the Association Board. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to the Santa Ana Unified School District Peer Assisted Leadership members for their volunteer services. *Not Present CLOSED SESSION REPORT The City Attorney reported out on the item related to Claimants: Farmer's Insurance Claim No. 2008-047 (See item 19.A. for motion) PUBLIC COMMENT ON AGENDA ITEMS Item 55.E. -Stanley Fiala spoke in support of the resolution on the Code of Ethics but suggested that it be amended CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Councilmember Benavides pulled Items 19.D., 31.A., and 39.A. for separate discussion ^ Mayor Pro Tem Alvarez recorded a "no" vote on Item 19.C. ^ Mayor Pulido abstained on Item 25.D. due to a potential conflict of interest related to campaign contributions from one or more of the listed consultants ^ Mayor Pulido pulled item 25.J. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) CITY COUNCIL MINUTES 146 JUNE 2, 2008 CONSENT CALENDAR 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. Closed Session Meeting of May 19, 2008 10.B. Regular Meeting of May 19, 2008 ORDINANCES/SECOND READING 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. REZONE A PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMMERCIAL (C-5) AT 2210 NORTH GRAND AVENUE Placed on first reading at the May 5, 2008 City Council meeting and approved by a vote of 6-0 (Martinez absent) Published in the O.C. Reporter on May 9, 2008 Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2764 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 2210 North Grand Avenue from single family residential (R-1) to arterial commercial (C5) (AA No. 2006-02) 11.6. AMENDMENT APPLICATION NO. 2008-02 TO ALLOW TWO NEW RETAIL BUILDINGS AT 1501 WEST MACARTHUR BOULEVARD CITY COUNCIL MINUTES 747 JUNE 2, 2008 CONSENT CALENDAR Placed on first reading at the May 5, 2008 City Council meeting and approved by a vote of 7-0 Published in the O.C. Reporter on May 9, 2008 Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2765 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 1501 West MacArthur Boulevard from two-family residential (R-2) to General Commercial (AA N0. 2008-02) BOARDSlCOMMISSIONSICOMMITTEES APPOINTMENTS 13.A. APPOINTMENT Motion: Appoint Miguel A. Vega to the Youth Commission (Regular) nominated by Councilmember Sarmiento as the Ward 1 representative for a partial-teen expiring December 9, 2008. (Replaces Lopez) COMMITTEE REPORTS 13.6. COUNCIL COMMITTEE REPORTS Committee Name Neighborhood Improvement/Code Enforcement MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement: Date 12/19/07 Claimants: Farmer's Insurance, Claim No. 2008-047 in the amount of $6,531.82 CITY COUNCIL MINUTES 148 JUNE 2, 2008 CONSENT CALENDAR 19.6 19.C. 19.D 19. E. EXCUSED ABSENCES -None DESTRUCTION OF OBSOLETE CITY RECORDS (PERSONNEL SERVICES AGENCY) Motion: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule. Mayor Pro Tem voted no on Item 19.C. EARLY PREVENTION AND INTERVENTION COMMISSION (EPIC) 2007 ANNUAL REPORT " Tony Harrelson, Deputy Chief, Santa Ana Police Department presented the 2007 Early Prevention and Intervention Commission (EPIC) Annual Report. Councilmember Benavides asked that the recommendations made by the EPIC Commission be sent to the Council's Public Safety and/or Parks, Recreation, Education, and Youth Committees. Motion: Receive and file the 2007 Early Prevention and Intervention Commission (EPIC) Annual Report MOTION: Alvarez SECOND: Benavides, Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CONDITIONS FOR FINAL SANTA ANA ENTERPRISE ZONE DESIGNATION Motion: 1. Approve and adopt a Negative Declaration for the Santa Ana Enterprise Zone. CITY COUNCIL MINUTES 749 JUNE 2, 2008 CONSENT CALENDAR 2. Direct staff to comply with all conditions as outlined by the California Department of Housing and Community Development so the Santa Ana Enterprise Zone can receive final designation. APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT -WORKFORCE INVESTMENT ACT ADDITIONAL FUNDS Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-120 -recognizing additional revenues from the State of California in the amount of $77,500 to participate in a National Emergency Grant and $110,895 from the 15% Governor's Discretionary funds to serve Dislocated Workers from the mortgage, banking and construction industries and appropriate same into the National Emergency Grant and 15% Governor's Discretionary Grant expenditure accounts. 20. B. APPROPRIATION ADJUSTMENT ACCEPTING SANTA ANA'S FOCUSED ENFORCEMENT TEAM GRANT FUNDING Motion: 1. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-125 -recognizing the Office of Emergency Services Grant funds in the amount of $95,701 and transferring the required matching funds of $31,900 from the Police Department Crimes Against Persons Other Contractual Services Account to appropriate a total amount of $127,601 into the FY 2008 Santa Ana's Focused Enforcement Team Grant expenditure accounts. 2. Adopt a resolution. RESOLUTION NO. 2008-034 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of the Police to execute a grant award agreement with the Office of Emergency Services CITY COUNCIL MINUTES 150 JUNE 2, 2008 CONSENT CALENDAR 3. Authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT NO. 2008-097- OPERATE A DOMESTIC VIOLENCE VICTIM ADVOCACY PROGRAM -With Community Services Program Inc., Family Violence Victim Services, for aone-year term in an amount not to exceed $62,946 -Police Department SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.1.) 22.A. SPEC. NOS. 04-038 & 08-017 - JANITORIAL SERVICE AND CONTRACT AWARD FOR SPECIAL PROJECT JANITORIAL SERVICE - FINANCE & MANAGEMENT SERVICES AGENCY Motion: 1. Renew the contract with DMS Janitorial for janitorial service at Recreation and Library facilities, for aone-year period in an amount not to exceed $168,075. 2. Award contracts for janitorial temporary personnel for City Hall and the Corporate Yard fora two-year period, with provision for two one-year renewals, in the annual aggregate amount not to exceed $170,000 with the following vendors: VENDOR: LOCATION: PeopleKeepers LLC Redondo Beach Venturi Staffing Partners Santa Ana 22.6. SPEC. NO. 04-063 -CHAIN LINK FENCE RENTALS -Renew the contract with S&S Rent-A-Fence for aone-year period in an amount not to exceed $95,000 -Finance & Management Services Agency 22.C. SPEC. NO. 05-053 -GENERAL CONTRACTING SERVICES -Renew the contract with KCK Construction Co., for aone-year period in an amount not to exceed $96,000 - Finance ~ Management Services Agency 22. D. SPEC. NO. 06-078 -SAFETY SHOES -Renew the contract with Dee's Shoes Inc. d/b/a Red Wing Shoes, for aone-year period in the amount not to exceed $40,000 -Finance & Management Services Agency CITY COUNCIL MINUTES 151 JUNE 2, 2008 CONSENT CALENDAR 22.E. SPEC. NO. 06-079 -TOWING SERVICE -Amend the contract with Ben Warner's Garage Inc., in the amount of $3,000 for an annual amount not to exceed $28,000 -Finance & Management Services Agency 22.F. SPEC. NO. 08-030 -TOTAL RESIDUAL CHLORINE ANALYZERS - PUBLIC WORKS AGENCY 1. Reject the bids from INC Technical Inc. and D and H Water Systems Inc. as nonresponsive to the specification. 2. Award a contract to Hach Company, for Total Residual Chlorine Analyzers in the amount of $27,658. 22.G. SPEC. NO. 08-033 -MAGNETIC FLOW METERS - Award a contract to Badger Meter, Inc., in the amount of $29,893 -Finance & Management Services Agency 22.H. SPEC. NO. 08-038 -PRINT AND MAIL ANNUAL WATER QUALITY REPORT - PUBLIC WORKS AGENCY -Award a contract to Off Broadway Printing, Inc., in an annual amount not to exceed $38,000 - Finance & Management Services Agency 22.1. SPEC NO. 06-064 -ELECTRICAL SERVICES -Renew the contract with Williams & Maher, Inc. for aone-year period in an amount not to exceed $360,000 -Finance & Management Services Agency PROJECTS 23.A. CONTRACT AWARD FOR BRISTOL STREET TRAFFIC MANAGEMENT, PHASES I AND III (PROJECT NOS. 07-1726 AND 08-5015) Motion: 1. Award a contract to Christopher R. Morales, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $289,090 for construction of Bristol Street Traffic Management, Phases I and III. 2. Approve a Funding Analysis with a total estimated construction cost of $365,300. CITY COUNCIL MINUTES 152 JUNE 2, 2008 CONSENT CALENDAR 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.T.) 25.A. AGMT NO. 2008-098 -CUSTODIAL MAINTENANCE SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER -With Pacific Building Care, Inc. in an amount not to exceed $150,000 for aone- yearterm -Community Development Agency 25.6. AGMT NO. 2008-099 -CONSULTING SERVICES -With Mike Linares Inc., in an amount not to exceed $55,000 fora one-year term - Community Development Agency 25.C. AGMT NO. 2008-100 -LEASE AGMT -With the Mexican American Opportunity Foundation for $4,884 for cone-year term -Community Development Agency 25.D. AGMTS - CONSULTANT LIST TO PROVIDE ENVIRONMENTAL SERVICES AND TECHNICAL STUDIES -Planning & Building Agency Mayor Pulido abstained on Item 25.D related to campaign contributions consultants Motion: due to a potential conflict of interest from one or more of the listed Approve and authorize the City Manager and Clerk of the Council to execute environmental consultant agreements in substantial conformity with the attached agreement with the following firms to provide environmental services and related technical studies for the City of Santa Ana Planning Division at the fees set forth in their responses to Request for Qualifications. Consultants: AGMT NO. 2008-101 -With Advantec Consulting Engineers AGMT NO. 2008-102 -With Albus-Keefe & Associates AGMT NO. 2008-103 -With AMEC Earth & Environmental AGMT NO. 2008-104 -With Architectural Resources Group AGMT NO. 2008-105 -With Austin-Foust Associates AGMT NO. 2008-106 -With CAA Planning AGMT NO. 2008-107 -With Chambers Group AGMT NO. 2008-108 -With Converse Consultants CITY COUNCIL MINUTES 153 JUNE 2, 2008 CONSENT CALENDAR AGMT NO. 2008-109 -With DKS Associates AGMT N0. 2008-110 -With EDAW AGMT NO. 2008-111 -With Fehr & Peers/Kaku Associates AGMT NO. 2008-112 -With GC Environmental AGMT N0. 2008-113 -With GeoSoils AGMT NO. 2008-114 -With Gordon Bricken & Associates AGMT NO. 2008-115 -With Greenwood & Associates AGMT NO. 2008-116 -With Hartzog & Grabill AGMT NO. 2008-117 -With Hogle-Ireland AGMT NO. 2008-118 -With ICF Jones & Stokes AGMT NO. 2008-119 -With Keeton Kreitzer Consulting AGMT NO. 2008-120 -With Kimley-Horn & Associates AGMT NO. 2008-121 -With Kleinfelder, Inc. AGMT NO. 2008-122 -With KOA Corporation AGMT NO. 2008-123 -With Lilley Planning Group AGMT NO. 2008-124 -With LSA Associates AGMT NO. 2008-125 -With Mestre Greve Associates AGMT NO. 2008-126 -With Michael Brandman Associates AGMT NO. 2008-127 -With P&D Consultants (TCB Aecom) AGMT NO. 2008-128 -With PBS&J AGMT NO. 2008-129 -With PCR Services Corporation AGMT NO. 2008-130 -With RBF Consulting AGMT NO. 2008-131 -With Rincon Consultants, Inc. AGMT NO. 2008-132 -With RK Engineering Group AGMT NO. 2008-133 -With Romo Planning Group (RPG) AGMT NO. 2008-134 -With Sapphos Environmental AGMT NO. 2008-135 -With SWCA Environmental Consultants AGMT NO. 2008-136 -With T&B Planning AGMT NO. 2008-137 -With Templeton Planning Group AGMT NO. 2008-138 -With The Bainbridge Group AGMT NO. 2008-139 -With The Planning Center AGMT NO. 2008-140 -With UltraSystems AGMT NO. 2008-141 -With URS Corporation Americas AGMT NO. 2008-142 -With Wieland Associates AGMT NO. 2008-143 -With Willdan 25. E. AGMT NO. 2008-144 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-07 -With Yvonne N. Naranjo for the structure located at 1108 North French Street (Bishop House) -Planning & Building Agency 25.F. AGMT NO. 2008-145 -FINANCIAL AUDIT SERVICES -With Macias Gini & O'Connell LLP., increasing the total amount $70,000 to an aggregate amount not to exceed $565,500 -Finance & Management Services Agency CITY COUNCIL MINUTES 154 JUNE 2, 2008 CONSENT CALENDAR 25.G. AGMTS -FUNDING ALLOCATIONS FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FISCAL YEAR 2008-2009 - COMMUNITY DEVELOPMENT AGENCY ^ AGMT NO. 2008-146 -Cooperative Agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $425,000 for cone-year term for the ongoing administration of the Tenant-Based Rental Assistance Program ^ AGMT NO. 2008-147 -Cooperative Agreement with the County of Orange Health Care Agency in the amount of $824,650 for aone- year term to provide supportive housing services to HIV/AIDS individuals in the County of Orange, 25.H. AGMTS -FEDERAL EMPOWERMENT ZONE DAISY WHEEL NETWORK PROGRAM -COMMUNITY DEVELOPMENT AGENCY ^ AGMT NO. 2008-148 - With the Santa Ana Empowerment Corporation for $637,000 for aone-year term; ^ AGMT NO. 2008-149 -With the Mexican American Opportunity Foundation for $81,630 for aone-year term; ^ AGMT N0. 2008-150 -With Templo Calvario for $81,000 for aone- yearterm; ^ AGMT NO. 2008-151 -The Cambodian Family for $85,590 for a one-year term 25.1. AGMT NO. 2008-152 -MAINFRAME COMPUTER MAINTENANCE - Execute an amendment with Symco Group, Inc., extending the agreement for one year in an amount not to exceed $85,000 - Finance & Management Service Agency 25.J. AGMT N0. 2008-153 -TRAINING SERVICES -With Willdan Homeland Solutions, an operating diV'ision of VNilldan Group, Inc., in an amount not to exceed $700,000-.Police Department Lisann Martinez spoke in opposition to the expenditure of funds for training services CITY COUNCIL MINUTES 155 JUNE 2, 2008 CONSENT CALENDAR MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.K. AGMT NO. 2008-154 -CONSULTING AND TRAINING SERVICES -With davidhartl.com, formerly known as General Learning Climates, in an amount not to exceed $60,000 -Police Department 25.L. AGMT NO. 2008-155 -PREVENTIVE MAINTENANCE AND REPAIRS OF MECHANICAL AND HVAC SYSTEMS -Execute an amendment with ACCO Engineered Systems in an annual amount not to exceed $165,000 - Police Department 25.M. AGMT NO. 2008-156 -TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE SERVICES -With Econolite Traffic Engineering and Maintenance, Inc. (Econolite) in the amount of $130,000 for a maximum contract amount not to exceed $780,000 for the fiscal year 2007-2008 and approve a one year extension in an amount not to exceed $650,000 - Public Works Agency 25.N. AGMT NO. 2008-157 -PURCHASE AGREEMENT FOR 605 S. BRISTOL STREET (PROJECT 06-1500) -With Fredi Marrero in the amount of $131,400 -Public Warks Agency 25.0. AGMT NO. 2008-158 - DESIGN ENGINEERING SERVICES FOR ENERGY CONSERVATION IMPROVEMENTS -With Siemens Building Technologies in an amount of $50,000 -Public Works Agency 25.P. AGMT NO. 2008-159 -PURCHASE AGREEMENT FOR A PORTION OF SANTA ANA CALIFORNIA, LLC PROPERTY AT 2909 S. BRISTOL (PROJECT 06-3510) -With Santa Ana California Lodge, LLC, in the amount of $18,000 -Public Works Agency 25.0. AGMTS - ACQUISITION SETTLEMENT AGREEMENT FOR BUSINESSES AT 1007-1011 S. BRISTOL STREET (PROJECT 06-1500) - PUBLIC WORKS AGENCY CITY COUNCIL MINUTES 156 JUNE 2, 2008 CONSENT CALENDAR ^ AGMT NO. 2008-160 -With Martha's Market for $114,466 ^ AGMT NO. 2008-161 -With Gilberto's Restaurant for $272,000 • AGMT NO. 2008-162 -With Gamez Insurance and Income Tax for $96,696 ^ AGMT NO. 2008-163 -With Infinity Cellular & Paging for $105,407 ^ AGMT NO. 2008-164 -With Rocela's Beauty Salon for $103,242 25.R. AGMT NO. 2008-165 -MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER -With Match Point Tennis Academy LLC. - Parks, Recreation & Community Services Agency 25.S. AGMT N0. 2008-166 -COOPERATIVE AGREEMENT FOR OFFICE MODIFICATIONS AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER -With Community Redevelopment Agency of the City of Santa Ana for an amount not to exceed $69,100 -Community Development Agency 25.T. AGMT NO. 2008-167 -ACQUISITION SETTLEMENT AGREEMENT FOR BRISTOL STREET LIQUOR AT 323 S. BRISTOL STREET (PROJECT 06-1500) -With Parks Family Liquor Inc., dba Bristol Liquor & Market in the amount of $565,000 -Public Works Agency MISCELLEANOUS ADMINISTRATION 29.A. INSURANCE RENEWALS Motion: 1. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2008 to July 1, 2009, at an estimated premium cost not to exceed $1,750,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2008 to July 1, 2009, at an estimated premium cost not to exceed $400,000. 3. Approve the City's continued participation in the California State Association of Counties -Excess Insurance Authority's Crime Bond Program from July 1, 2008 to July 1, 2011, for three years at an estimated premium not to exceed $40,000. LAND USE MATTERS CITY COUNCIL MINUTES 157 JUNE 2, 2008 CONSENT CALENDAR CONDITIONAL USE PERMIT I VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2008-04 TO ALLOW SERVIMAX FINANCIAL CHECK CASHING AT 3316 SOUTH BRISTOL STREET Applicant: Octaviano Felix Recommended action approved by the Planning Commission on May 12, 2008 by a vote of 4-0 (Betancourt, De La Torre, Murioz absent) Motion: Receive and file the staff report approving Conditional Use Permit No. 2008-04 as conditioned. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MISCELLANEOUS -LAND USE 39.A. PUBLIC FACILITIES NAMING NO. 2008-05 TO RENAME WINDSOR PARK PLAYGROUND TO TOM LAMERE PLAYGROUND Applicant: City Of Santa Ana Recommended action approved by the Board of Recreation and Parks on February 20, 2008 by a vote of 6-0 and the Planning Commission on April 28, 2008, by a vote of 6-0 (Alderete absent) Motion: Receive and file the staff report and affirm the renaming of Windsor Park Playground to Tom Lamere Playground (Public Facilities Naming No. 2008-05) CITY COUNCIL MINUTES 158 JUNE 2, 2008 BUSINESS CALENDAR MOTION: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55.A. CALHOME PROGRAM APPLICATION Motion: 1. Adopt a resolution. RESOLUTION NO. 2008-035 - 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 2. Authorize the City Manager to execute the application and all documents relating thereto. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 159 JUNE 2, 2008 BUSINESS CALENDAR 55.6 ADOPT A RESOLUTION OF SUPPORT FOR THE PRESERVE AMERICA HISTORIC PRESERVATION FUND GRANT APPLICATION Motion: Adopt a resolution. RESOLUTION NO. 2008-036 - A resolution of the City Council of the City of Santa Ana supporting and authorizing an application for Preserve America grant funds to fund historic preservation projects within the City of Santa Ana MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C WORKFORCE INVESTMENT ACT TITLE ISUB-GRANT FOR PY 2008- 09 Motion: Adopt a resolution. RESOLUTION NO. 2008 - 037- A resolution of the City Council of the City of Santa Ana authorizing the City Manager or his designee to execute all necessary documents for the Workforce Investment Act Sub-Grant with the State of California Workforce Investment Division MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 160 JUNE 2, 2008 PUBLIC HEARINGS 55. D. 55. E. RESOLUTION AUTHORIZING APPLICATIONS FOR STATE GRANT FUNDS FOR USED OIL PROGRAMS Motion: Adopt a resolution. RESOLUTION NO. 2008 - 038 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Executive Director of the Public Works Agency to submit grant applications to the California Integrated Waste Management Board for the used Oil Recycling Grant Program MOTION: Benavides SECOND: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTION TO ADOP Motion: 1. Adopt a resolution. Alvarez, Benavides, Bustamante, Martinez Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) T CODE OF ETHICS AND CONDUCT RESOLUTION NO. 2008-039 - A resolution of the City Council of the City of Santa Ana establishing a Code of Ethics and Conduct for elected officials and members of appointed Boards, Commissions and Committees 2. Direct the City Attorney and the Clerk of the Council to develop the appropriate procedures for ensuring that all current elected and appointed officials receive a copy and certify that their duties will be conducted in accordance with the provisions in the Code of Ethics and Conduct, and are provided the necessary training clarifying the provisions and application of the code. CITY COUNCIL MINUTES 161 JUNE 2, 2008 PUBLIC HEARINGS MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75.A. PUBLIC HEARING -FISCAL YEAR 2008-2009 -PROPOSED CITY BUDGET Public hearing to consider the City's Fiscal Year 2008-2009 Budget and related matters Legal Notice published in the Orange County Register on May 23 and 30, 2008. Staff report presented by Cathy Standiford, Assistant City Manager and Robert Cortez, Budget & Research Manager No written communication or public speakers; Public hearing closed. Motion: 1. Place ordinance on first reading and authorize publication ORDINANCE - An ordinance of the City Council of the City of Santa Ana appropriating monies to the several offices, agencies and departments of the City for the Fiscal Year commencing July 1, 2008 2. Adopt a resolution. RESOLUTION NO. 2008-040 - A resolution of the City Council of the City of Santa Ana to amend Resolution Nos. 82-110, 91-066 and 96- 095 to effect certain changes to the City's Basic Classification and Compensation Plans. CITY COUNCIL MINUTES 182 JUNE 2, 2008 PUBLIC HEARINGS 75.6. 3. Adopt a resolution. RESOLUTION NO. 2008-041 - A resolution of the City Council of the City of Santa Ana establishing a uniform schedule of miscellaneous fees for Fiscal Year 2008-2009 and repealing in part Resolution No. 2007-046. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) PUBLIC HEARING -RESOLUTION REVISING THE METERED WATER RATE AND SEWER SERVICE CHARGE OF THE CITY Legal notice published in the O.C. Reporter on May 23, 2008 The Mayor announced that this is the time and place fixed for the public hearing required by Article XIII-D of the California Constitution (Proposition 218). The Mayor further announced that if property owners or utility customers wish to formally protest, they must do so by filling out a form available from the Clerk of the Council, and it must be completed before the close of the hearing. Only written protests by property owners and those with water or sewer utility accounts with the City will be counted. Staff Report by Jim Ross, Director, Public Works Agency No written communication. Michael Wifegman, Eusebio Rios, Bill Ritchey, George Garcia, and Roy Alvarado spoke in opposition to revising the metered water rate and sewer service charge; Stanley Fiala spoke in support of this charge. Public Hearing was closed by the Mayor. The Clerk reported that a total of 14 written protests were received by mail or at the meeting. Since this total is less than a majority of the utility customers in the City, the protest fails. Council discussion ensued. CITY COUNCIL MINUTES 163 JUNE 2, 2008 PUBLtC HEARINGS Motion 1. Adopt a resolution. RESOLUTION NO. 2008-042 - A resolution of the City Council of the City of Santa Ana revising the metered water rate and sewer service Charge 2. Review programs for low-income and senior residents. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.C. PUBLIC HEARING - AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE MACARTHUR PLACE SOUTH PROJECT AT 9, 10 AND 15 HUTTON CENTRE DRIVE AND 100, 120 AND 130 EAST MACARTHUR BOULEVARD Applicant: Nexus Companies Recommended action approved by the Planning Commission on May 12, 2008 by a vote of 4-0 (Betancourt, De La Torre, Munoz absent) Legal notice published in the O.C. Reporter on May 23, 2008 No written communication George Garcia made general comments about the project Public hearing closed. Motion: Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana approving an amendment to the development agreement between the City of Santa Ana, Grand Plan 2, LLC, Integral Communities Inc., and NDC Skyline Associates, LLC, for property located at the southeast corner of Main Street and MacArthur Boulevard CITY COUNCIL MINUTES 164 JUNE 2, 2008 JOINT SESSION CRA /CITY GOUNCIL MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 9:18 P.M., FOLLOWED BY THE HOUSING AUTHORITY MEETING PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST Cesar Covanubias, Linda Tang, Andy Saavedra, and Ezequiel Gutierrez representing the Santa Ana Collaborative for Responsible Development addressed the Council relative to housing concerns George Garcia made general comments about taxation; Gary Eisenberger suggested that the Council utilize reverse auction technology in making large purchases; John M. Raya announced that the 3rd annual TKO auction would be held June 5~h at Original Mike's; Eusebio Rios and Roy Alvarado raised concerns about problems in the Santa Anita neighborhood; Thomas Gordon raised concerns about the City's deficit. CITY MANAGER AND COUNCIL COMMENTS 90.A. CITY MANAGER'S REPORT -None 90.B. CITY COUNCILMEMBER COMMENTS Councilmember Tinaiero • Congratulated everyone involved in the Youth in Local Government program's mock City Council meeting on May 20, 2008, including the students who participated, and city staff members Encouraged residents to celebrate a "Santa Ana Day" with their family and visit the city's attractions CITY COUNCIL MINUTES 165 JUNE z, zoos COMMENTS Councilmember Benavides • Encouraged voters to vote in the June 3'd state primary election • Reminded residents that this Friday was the 151 Friday of the month, and the shops and restaurants at CityPlace will be open in the evening; also, the Artists Village has many activities on the 15` Saturday evening of the month • Announced that he will be at the Southwest Senior Center this Saturday from 9 a.m. to 12:00 p.m. to meet with residents • Asked the Council to adjourn in memory of Bob Ward who was the founder of the Santa Ana Winds Mavor Pro Tem Alvarez • Joined Councilmember Benavides in asking the Council to adjourn in memory of Bob Ward and noted that Mr. Ward had a passion for working with the kids in the Santa Ana Winds band • Asked the Council to adjourn in memory of Robert Battin, who was the 151 District representative on the Orange County Board of Supervisors in the 1970's and a pioneer on many ecological issues • Noted that at a Floral Park mixer, five students were recognized and given scholarships in the amount of $1,000 each; the funds were raised from the annual Floral Park Home tour • Wished all fathers a Happy Father's Day Councilmember Sarmiento • Thanked public speakers who spoke on housing development and noted that this issue is on the Council's priority list and that the City is looking at creative ways to address the scarcity of housing in the city • Congratulated the Public Works Agency upon the recent receipt of funding from OCTA and Proposition 1 B • Noted that the Santa Ana Zoo will be closed for a short time this summer to allow for filming of a Disney movie at the zoo; the City will receive a lot of free advertising from this event • Thanked city employees for donating over $100,000 to various charities in the last year Councilmember Martinez • Wished all fathers a Happy Father's Day • Congratulated all the new graduates in elementary, middle and high schools • Encouraged voters to vote in tomorrow's election GI l T cwnclL MINUTES 166 JUNE 2, 2008 COMMENTS Councilmember Bustamante • Thanked the Kennedy Commission for its work in advocating for affordable housing and noted that the City is committed to doing its fair share in addressing the housing issues in the City Wished all fathers a Happy Father's Day • Encouraged everyone to vote Mayor Pulido • Asked the Council to adjourn in memory of Janice Guy who served as the Clerk of the Council for the City of Santa Ana for over 20 years from 1979 to January, 2000; Jan was active in the California Municipal Clerks Association, and the International Institute of Municipal Clerks where she was respected by her peers throughout the nation; he further noted that she will be most remembered by those who knew her as a loyal friend who was never without sage advice. ADJOURNMENT - 10:22 p.m. to June 16, 2008, Police Department Community Room, 60 Civic Center Dr., for a Work Study Session starting at 6:00 p.m. (Closed Session convening at 5:30 p.m. in the 4~h Floor Police Chiefs Conference Room.) In Memory of fjefbert Ward, Robert Baffin and Janice "Jan" Guy -/~aU~~ Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 167 JUnC L, cuuo