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HomeMy WebLinkAbout2008-07-07 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA CALLED TO ORDER JULY 7, 2008 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 STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council INVOCATION Roger Aragon, Police Chaplain PRESENTATIONS SPECIAL PRESENTATION - Annual Outstanding Historic Preservation Project Awards 2008 - Historic Resources Commission PROCLAMATION presented by MAYOR PULIDO to Donald P. Kennedy Proclaiming July ih as Donald P. Kennedy Day. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Superior Grocers in recognition of its Grand Opening. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Select Equipment Sales recognizing their ranking in the "2008 Inner City 100" list. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to thirty-two Santa Ana High School students recognizing them on successfully completing the "2008 Santa Ana Youth in Local Government Institute" program. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to five Santa Ana Unified School District Students recognizing them on receiving Floral Park Scholarships. CITY COUNCIL MINUTES 177 JULY 7, 2008 CONSENT CALENDAR OATHS OF OFFICE Administered by the Clerk of the Council to Miguel A. Vega (Youth Commission). CLOSED SESSION REPORT The City Attorney reported on items: Dinger v. City of Santa Ana WCAB Case No. AHM 0134067 and Claimants: Reyna Sotelo (Isaiah Renteria, minor). (See Item19.A. for motion) PUBLIC COMMENT ON AGENDA ITEMS None CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Mayor Pro Tem Alvarez recorded a "no" vote on Item 19.C. . Councilmember Sarmiento pulled Item 25.J for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Bustamante SECOND: Tinajero 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 ofthec:onsent motion. CITY COUNCIL MINUTES 178 JULY7,2008 CONSENT CALENDAR ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A.-10.B.) 10.A. Closed Session Meeting of June 16, 2008 10.B. Regular Meeting of June 16, 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. AMENDMENT TO THE DEVELOPMENT AGREEMENT (AGMT NO. A- 2008-204) FOR THE MACARTHUR PLACE SOUTH PROJECT AT 9, 10 AND 15 HUTTON CENTRE DRIVE AND 100, 120 AND 130 EAST MACARTHUR BOULEVARD Placed on first reading at the June 2, 2008 City Council meeting and approved by a vote of 7-0 Published in the O.C. Reporter on June 6, 2008 Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2769 - 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 I, Inc., and NDC Skyline Associates, LLC, for property located at the southeast corner of Main Street and MacArthur Boulevard (AGMT NO. A-2008-204) BOARDS/COMMISSIONS/COMMITTEES APPOINTMENTS 13.A. APPOINTMENT CITY COUNCIL MINUTES 179 JULY 7, 2008 CONSENT CALENDAR Motion: Appoint Jose I. Gonzalez (Ward 3 resident) to the Youth Commission (Alternate) nominated by Councilmember Bustamante as the Ward 3 representative for a partial term expiring December 9, 2008 (Replaces Lockhart) 13.B. APPOINTMENT Motion: Appoint Patrick D. YrarrazavaI to the Planning Commission, nominated by Councilmember Martinez as the Ward 2 representative for a partial term expiring December 14,2010. (Replaces M. Munoz) 13.C. APPOINTMENT Motion: Appoint Rafael R. Solorzano to the Human Relations Commission, nominated by Council member Martinez as the Ward 2 representative for a partial term expiring December 14, 2010. (Replaces L.Verino) COMMITTEE REPORTS 13.0. COUNCIL COMMITTEE REPORTS Committee Name Public Safety Date 04/22/08 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlements. Dinger v. City of Santa Ana WCAB Case No.: AHM 0134067; permanent disability rating valued at $69,742.50 Claimants: Reyna Sotelo (Isaiah Renteria, minor), $11,000.00 19.B. EXCUSED ABSENCES - None CITY COUNCIL MINUTES 180 JULY 7, 2008 CONSENT CALENDAR 19.C. DESTRUCTION OF OBSOLETE CITY RECORDS (FINANCE & MANAGEMENT SERVICES AND PERSONNEL AGENCIES, CITY MANAGER'S OFFICE) Motion: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule. Mayor Pro Tem Alvarez voted no on Item 19.C. 19.0. ANNUAL STATEMENT OF INVESTMENT POLICY Motion: 1. Adopt a Resolution. RESOLUTION NO. 2008-045 - A resolution of the City Council of the City of Santa Ana considering the City's Statement of Investment Policy 2. Receive and file the Annual Statement of Investment Policy APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING THE FY 2001 HUD APPROPRIATIONS ACT ECONOMIC DEVELOPMENT INITIATIVE - SPECIAL PROJECT GRANT FUNDING Motion: 1. Approve an appropriation adjustment. (Requires five affirmative votes APPROPRIATION ADJUSTMENT NO. 08-135 - Recognizing anticipated revenues from the Economic Development Initiative (EDI) - Special Project Grant funds in the amount of $249,500 and appropriating the same to the W/O/R/K Center/One Stop Career Center and the Santa Ana Police Athletic and Activity League. 2. AGMT NO. 2008-169 - Amend the contract with KCK Construction Co. for general contracting services at the McFadden Learning Center and the W/OIRlK Center as part of the EDI grant by $39,500 for an annual amount not to exceed $135,500 CITY COUNCIL MINUTES 181 JULY 7, 2008 CONSENT CALENDAR 3. AGMT NO. 2008-170 - Amend the contract with Williams & Maher to provide electrical services including wiring and cabling to accommodate the installation of computers and projectors at both the McFadden Learning Center and the W/OIRlK Center as part of the EDI grant by $35,000 for an annual amount not to exceed $395,000 4. AGMT NO. 2008-171 - Amend the contract with JJJ Floor Covering to provide floor covering and ceiling tiles at both the McFadden Learning Center and the W/OIRlK Center as part of the EDI grant by $30,000 for an annual amount not to exceed $55,000 5. AGMT NO. 2008-172 - Amend the contract with Chandlers to provide HVAC work at the W/OIRlK Center by $20,000 for an annual amount not to exceed $170,000 6. AGMT NO. 2008-173 - Purchase computers, software and accessories through the Western States Contracting Alliance as part of the EDI grant in the amount of $90,000 7. AGMT NO. 2008-174 - Execute an amendment to agreement with ACCO Engineered Systems in the amount of $20,000 to provide HVAC work at the McFadden Learning Center 20.B. APPROPRIATION ADJUSTMENT ACCEPTING THE PROJECT SAFE NEIGHBORHOODS GRANT FUNDING FOR THE SANTA ANA POLICE ATHLETIC ACTIVITIES LEAGUE Motion: 1. Approve an Appropriation Adjustment. affirmative votes) (Requires five APPROPRIATION ADJUSTMENT NO. 09-003 - Recognizing the Office of Emergency Services Grant funds in the amount of $17,352 into the FY 2008 Santa Ana Police Athletic Activities League, Project Safe Neighborhoods Grant expenditure accounts. 2. Adopt a resolution. RESOLUTION NO. 2008-046 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and Chief of Police to execute a grant award agreement with the Office of Emergency Services for the Project Safe Neighborhoods Program CITY COUNCIL MINUTES 182 JULY 7, 2008 CONSENT CALENDAR SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.0.) 22.A. SPEC. NO. 04-132 - WEEKEND AND HOLIDAY GRAFFITI REMOVAL PUBLIC WORKS AGENCY Motion: 1. Amend the contract with Graffiti Protective Coatings, Inc., for weekend and holiday graffiti removal by $50,000 for an annual amount not to exceed $150,000. 2. Renew the contract with Graffiti Protective Coatings, Inc., for weekend and holiday graffiti removal for a one-year period, in an amount not to exceed $200,000. 22.B. SPEC. NO. 05-066 - ASPHALT CONCRETE MATERIALS - Renew the contract with Vulcan Materials Co. for a one-year period in an amount not to exceed $90,000 - Finance & Management Services Agency 22.C. SPEC. NO. 05-071 - LANDSCAPING AND HAND TOOLS - Renew the contract with Shamrock Supply Company, Inc., for a one-year period in an amount not to exceed $40,000 - Finance & Management Services Agency 22.D. SPEC. NO. 06-090 - INMATE GARMENTS AND SHOES - POLICE DEPARTMENT - Renew the contract with Bob Barker, formerly Leslee Scott, Inc., for a one-year period in an amount not to exceed $28,015 - Finance & Management Services Agency 22.E. SPEC. NOS. 06-101 AND 06-103 - ASPHALT STREET MAINTENANCE AND ASPHALT POTHOLE REPAIR - PUBLIC WORKS AGENCY Motion: 1. Renew the contract with Hardy and Harper, Inc., for asphalt pothole repairs for a one-year period in an amount not to exceed $550,000. 2. Renew the contract with Hardy and Harper, Inc., for asphalt street maintenance for a one-year period in an amount not to exceed $1,780,530. CITY COUNCIL MINUTES 183 JULY 7, 2008 CONSENT CALENDAR 22.F. SPEC. NO. 06-102 - SIDEWALK MAINTENANCE - PUBLIC WORKS AGENCY - Renew the contract with Channel Islands Sawing for a one- year period in the amount not to exceed $75,000 - Finance & Management Services Agency 22.G. SPEC. NOS. 07-014 AND 07-047 - MULTI-JET AND TURBINE WATER METERS - PUBLIC WORKS AGENCY Motion: 1. Renew the contract with Aqua-Metric Sales Co. for multi-jet water meters for a one-year period in an amount not to exceed $84,173. 2. Renew the contract with Performance Meter, Inc., for turbine water meters for a one-year period in an amount not to exceed $32,314. 22.H. SPEC. NO. 07-058 - ANIMAL FOOD - Renew the contract with Midway City Feed Company for a one-year period in an amount not to exceed $31,200 - Finance & Management Services Agency 22.1. SPEC. NO. 07-064 - PUBLIC WORKS AGENCY - TRAFFIC SIGNS AND RELATED HARDWARE - PUBLIC WORKS AGENCY - Renew the contract with Zumar Industries, Inc., for a one-year period in an amount not to exceed $93,225 - Finance & Management Services Agency 22.J. BID SPEC. 08-019-R - VIDEO SURVEILLANCE SYSTEM EQUIPMENT- POLICE DEPARTMENT - Award contracts in the following amounts not to exceed: Vendor: MTM Technologies, Inc. SIGMAnet, Inc. Groups: 1 2,3,4,5 Amount: $183,385.79 $549,607.28 22.K. SPEC. NO. 08-031 - SHOP AIR COMPRESSOR SUPPLY SYSTEM - Award a contract to Q-AIR California for $38,043 and a five-year maintenance contract in an amount not to exceed $2,300 annually - Finance & Management Services Agency 22.L. SPEC. NO. 08-022 - PAINTING SERVICES - Award a contract to Solorio, Inc. for a two-year period with a provision for two one-year renewals in the annual aggregate amount not to exceed $75,000 - Finance & Management Services Agency CITY COUNCIL MINUTES 184 JULY 7, 2008 CONSENT CALENDAR 22.M. SPEC. NO. 08-043 - PLUMBING SERVICES - 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 $60,000 with the following vendors: Coast Plumbing, Heating & Air, Inc. Service First Contracting Network 22.N. SPEC. NO. 08-042 - ROUTERS - Award a contract to Feeney Wireless California, LLC in the amount not to exceed $27,600 - Finance & Management Services Agency 22.0. SPEC. NO. 04-056 - TRANSPORTATION SERVICES FOR THE SENIOR CENTERS - Renew the contract with JFK Transportation for a one-year period in an amount not to exceed $35,000 - Finance & Management Services Agency PROJECTS 23.A. CONTRACT AWARD FOR LOCAL STREET REHABILITATION-THIN OVERLAY PHASE 3 (PROJECT NO. 08-1737-C) Motion: 1. Relieve Hardy & Harper, Inc. of their bid in an amount of $4,613,000. 2. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $5,006,430 for construction of Local Street Rehabilitation-Thin Overlay Phase 3. 3. Approve a Funding Analysis with a total estimated construction cost of $5,824,000. 23.B. CONTRACT AWARD FOR BRISTOL STREET WIDENING BETWEEN PINE AND THIRD STREETS (PROJECT NOS. 1819, 07-3202 & 08-3519) Motion: 1. Approve an Appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 09-004 - Accepting Federal funds in the amount of $334,417 into the Select Street Construction fund and appropriating funds to the Select Street Construction fund for the Bristol Street Widening project between Third and Pine Streets. CITY COUNCIL MINUTES 185 JULY 7, 2008 CONSENT CALENDAR 2. Award a contract to Sequel Contractors, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $4,522,071 for construction of Bristol Street Widening between Pine and Third Streets. 3. Approve a Funding Analysis with a total estimated construction cost of $5,652,000. 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.Y.) 25.A. AGMT NO. 2008-175 - CONSULTING SERVICES - With Wesley A. Bosch in the amount of $70,000 for a one-year term - Community Development Agency 25.B. AGMT NO. 2008-176 - REALLOCATION OF EMERGENCY SHELTER GRANT FUNDS - Execute an amendment to the 2008-2009 Emergency Shelter Grant agreement with Mercy House Transitional Living Centers, Inc. to increase the grant amount by $7,245 - Community Development Agency 25.C. AGMTS NOS. 2008-177 AND 2008-178 - REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - Execute amendments to the 2007-2008 Community Development Block Grant agreements with Mercy House Transitional Living Centers, Inc. and Delhi Center to increase the grant amounts by $10,000 and $5,000 - Community Development Agency 25.0. AGMT NO. 2008-179 - PARAMEDIC BILLING - With Wittman Enterprises, LLC. for a one-year term at the rate of 6.8 percent of net collection - Fire Department 25.E. AGMT NO. 2008-180 INFORMATION TECHNOLOGY AND COMPUTER SUPPORT SERVICES - Execute an amendment with Sapphire Technologies in an aggregate amount not to exceed $875,000 - Fire Department 25.F. AGMT NO. 2008-181 - HAZARDOUS MATERIAL EMERGENCY RESPONSE SERVICES - With AIICorp Partners Acquisition d/b/a AMX Environmental Evolution, Ltd. - Fire Department CITY COUNCIL MINUTES 186 JULY 7, 2008 CONSENT CALENDAR 25.G. AGMT NO. 2008-182 - COMPREHENSIVE PHYSICAL EVALUATIONS, HEALTH SCREENING AND VACCINATIONS - With Medical Center of Santa Ana in an amount not to exceed $70,000 - Personnel Services Agency, Fire and Police Departments 25.H. AGMT NO. 2008-183 - COMPREHENSIVE HAZMAT/SWAT PHYSICAL EVALUATIONS - With Pulmonary Consultants & Primary Care Physicians Medical Group, Inc. in the amount of $30,000 - Fire and Police Departments 25.1. AGMTS - OPERATION OF CONCESSION BUILDING AT THORNTON PARK- PARKS, RECREATION & COMMUNITY SERVICES . AGMT NO. 2008-184 - With Santa Ana Girls Fast Pitch Softball League for a two-year term with two five-year renewal options; . AGMT NO. 2008-185 - With Santa Ana Xtreme Softball League for a two-year term with two five-year renewal options. 25.J. AGMT NO. 2008-186 - OPERATION OF CONCESSION BUILDING AT MADISON PARK - With Madison Park Neighborhood Association for a two-year term with two five-year renewal options - Parks, Recreation & Community Services Agency MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.K. AGMT NO. 2008-187 - DEMOLITION SERVICES FOR BRISTOL STREET WIDENING (PROJECT 08-1700-C) - With West Coast Land Clearing not to exceed $500,000 - Public Works Agency 25.L. AGMT NO. 2008-188 - MEMORANDUM OF UNDERSTANDING - With the Orange County Pro-active Methamphetamine Laboratory Investigation Team (OCPMLlT) - Police Department 25.M. AGMT NO. 2008-189 - LAW ENFORCEMENT HELICOPTER SERVICES - With the Airborne Law Enforcement Services Joint Powers Authority in an annual amount not to exceed $245,000 for a one-year term - Police Department and Community Development Agency CITY COUNCIL MINUTES 187 JULY 7, 2008 CONSENT CALENDAR 25.N. AGMT NO. 2008-190 - PURCHASE AGREEMENT FOR 1303 N. BRISTOL STREET - (PROJECT 08-1700-C) - With Karen Min Lo, William Ming Lo, and Jim Ming Lo in the amount of $1,120,000 - Public Works Agency 25.0. AGMT NO. 2008-191 - GROUNDWATER STORAGE PROGRAM - Execute an amendment with the Metropolitan Water District of Southem California, Municipal Water District of Orange County and Orange County Water District - Public Works Agency 25.P. AGMT NO. 2008-192 - PURCHASE AGREEMENT FOR THE NORTHWEST CORNER OF BRISTOL STREET AND CIVIC CENTER (PROJECT 08-1700-C) - With Ronald Herrick in the amount of $675,000 - Public Works Agency 25.a. AGMT NO. 2008-193 - SOFTWARE UPGRADE FOR THE TRAFFIC SIGNAL SYSTEM - With Telvent Farradyne, Inc. in the amount of $62,000 for a total contract in the amount of $415,800 - Public Works Agency 25.R. AGMT NO. 2008-194 - MAINTENANCE - With West Coast Arborist, Inc. increasing the contract in an estimated amount of $70,000 for an amount not to exceed $865,350 in FY 2008/2009 - Public Works Agency 25.S. AGMT NO. 2008-195 - GOVERNMENT LIAISON SERVICE - With The Ferguson Group in an amount not to exceed $75,000 - City Manager's Office 25.T. AGMT NO. 2008-196 - GOVERNMENT LIAISON SERVICE - With Townsend Public Affairs in an amount not to exceed $60,000 - City Manager's Office 25.U. AGMTS - ELECTRONIC BILL PAYMENT SERVICES - Finance & Management Services Agency . AGMT NO. 2008-197 - With Infosend from $100,000 to a total not to exceed $150,000; . AGMT NO. 2008-198 - With TransFirst, LLC from $42,000 to a total not to exceed $60,000 25V AGMT NO. 2008-199 - LANDSCAPE MAINTENANCE WITHIN THE STATE HIGHWAY RIGHT-OF-WAY ON SR-22 WITHIN THE CITY OF SANTA ANA - With Caltrans - Public Works Agency 25'w. AGMT NO. 2008-200 - MEMORANDUM OF AGREEMENT - With The Orange County Intelligence Assessment Center (OCIAC) - Police Department CITY COUNCIL MINUTES 188 JULY 7, 2008 CONSENT CALENDAR 25'x. AGMT NO. 2008-201 - BANK DEPOSITORY SERVICES - With Bank of America for a two-year period in the annual amount not to exceed $100,000 - Finance & Management Services Agency 25.Y. AGMT NO. 2008-202 - FREEWAY MAINTENANCE FOR SR-22 WITHIN THE CITY OF SANTA ANA - With Caltrans - Public Works Agency MISCELLANEOUS BUDGET 29.A. DONATION -ACCEPTANCE OF CABINETS Motion: Authorize the acceptance of cabinets for Police Museum. 29.B. PAYMENT TO SOUTHERN CALIFORNIA GAS COMPANY FOR GAS LINE RELOCATION ON MAIN STREET NORTH OF BROADWAY PLACE (PROJECT 07-8051) Motion: 1. Authorize a payment to Southern California Gas Company in the amount of $7,683.73 as final payment for the relocation of a 3-inch gas main line located on Main Street north of Broadway Place. 2. AGMT NO. 2008-203 - Execute an amendment to the Cooperative Agreement between the City of Santa Ana and the Community Redevelopment Agency for the manufacturing and installation of the Main Street archway sign increasing the total amount by $7,683.73 - Community Development Agency LAND USE MATTERS CONDITIONAL USE PERMIT I VARIANCES 31.A. VARIANCE NO. 2008-13 AND SITE PLAN REVIEW NO. 2008-04 TO ALLOW ENCROACHMENTS INTO THE PARKING STALLS FOR THE ONE BROADWAY PLAZA OFFICE TOWER AT 1007 NORTH BROADWAY Recommended action approved by the Planning Commission on May 27, 2008, by a vote of 3-1 (Mill opposed; Betancourt, De La Torre and Munoz absent) Applicant: One Broadway Plaza LLC CITY COUNCIL MINUTES 189 JULY 7, 2008 BUSINESS CALENDAR Motion: Receive and file the staff report approving Variance No. 2008-13 as conditioned and Site Plan Review No. 2008-04 as conditioned. 31.B. SITE PLAN REVIEW NO. 2008-03 FOR THE ADDITION AND RENOVATION OF AN AUTO DEALERSHIP WITHIN THE SANTA ANA AUTO MALL (SD-60) AT 1425 AUTO MALL DRIVE Recommended action approved by the Planning Commission on June 9, 2008, by a vote of 6-0 (De La Torre absent) Applicant: Commonwealth Audi Motion: Receive and file the staff report approving Site Plan No. 2008-03 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCES 50A ORDINANCE AMENDING MUNICIPAL CODE PURCHASING RULES AND REGULATIONS Motion: Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending Section 2-807 of the Santa Ana Municipal Code relating to non bid purchases MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 190 JULY 7, 2008 BUSINESS CALENDAR 50.B. ORDINANCE ENABLING THE ESTABLISHMENT OF COMMUNITY MANAGEMENT DISTRICTS Mayor Pulido abstained on Item 50.B due to the proximity of his business to the proposed project area and he left the dais for this item only. Mayor Pro Tem Alvarez assumed the Chair. Councilmember Sarmiento abstained on Item 50.B because he represents a client in the proposed project area, and left the dais. Motion: Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana adding Article XX to Chapter 13 of the Santa Ana Municipal Code related to establishment of community management districts. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) Mayor Pulido and Councilmember Sarmiento returned to the dais and Mayor Pulido assumed the Chair RESOLUTIONS 55.A. RESOLUTION ESTABLISHING APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2008-09 Motion: Adopt a resolution. RESOLUTION NO. 2008-047- A resolution of the City Council of the City of Santa Ana establishing the appropriation limit of the City of Santa Ana for Fiscal Year 2008-2009 CITY COUNCIL MINUTES 191 JULY 7, 2008 BUSINESS CALENDAR MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. RESOLUTION CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SANTA ANA Motion: Adopt a resolution. RESOLUTION NO. 2008-048 - A resolution of the City Council of the City of Santa Ana concerning the status of the circulation element of the City of Santa Ana's general plan MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C. NOVEMBER 4,2008 GENERAL MUNICIPAL ELECTION Motion: Adopt resolutions. RESOLUTION NO. 2008-044 - A resolution of the City Council of the City of Santa Ana calling for and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 4, 2008 for the election of certain officers, and requesting the Board of Supervisors of Orange County to consolidate the General Municipal Election with the State's General Election CITY COUNCIL MINUTES 192 JULY 7, 2008 BUSINESS CALENDAR RESOLUTION NO. 2008-043 - A resolution of the City Council of the City of Santa Ana establishing a system for candidates whose statements are submitted to the electorate in the 2008 General Election to pay the pro rata share of the cost of inclusion of their statement in voter pamphlets MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.0. CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY Motion: Adopt a resolution. RESOLUTION NO. 2008-049 - A resolution of the City Council of the City of Santa Ana amending Resolution No. 2001-065 to provide for continuation of additional partially-paid temporary military leave of absence for City employees called to active duty with the armed forces and continuation of benefits for their dependents MOTION: Bustamante SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.E. CONTRACT AMENDMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR MISCELLANEOUS MEMBERS CITY COUNCIL MINUTES 193 JULY 7, 2008 PUBLIC HEARINGS Motion: 1. Adopt a resolution. RESOLUTION OF INTENTION NO. 2008-050 - To approve an amendment to the contract between the Public Employees' Retirement System and the City of Santa Ana to provide Section 21354.5, 2.7% @ 55 Full Formula, for all active local miscellaneous members, to be effective January 1, 2009. 2. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana authorizing an amendment to the contract between the City of Santa Ana and the Board of Administration of the Public Employees' Retirement System. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75.A PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS Public hearing for the purpose of affirming the Fiscal Year 2007-2008 Dangerous and Abandoned Buildings Program Report and authorize the transmittal of uncollected charges to the Office of Auditor-Controller, County of Orange Legal Notice published in the O.C. Reporter on June 27,2008 and notices mailed Staff presentation by Jay Trevino, Executive Director, Planning & Building Agency No written communication No speakers; public hearing closed CITY COUNCIL MINUTES 194 JULY 7, 2008 PUBLIC HEARINGS Motion: Adopt a resolution. RESOLUTION NO. 2008-051- A resolution of the City Council of the City of Santa Ana overruling objections to and confirming the costs of securing and demolition of various structures declared to be public nuisances; making, confirming and levying assessments for such costs; and ordering such costs to be recorded with the Orange County Recorder MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.B. PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2007-2008 Public hearing for the purpose of affirming the Fiscal Year 2007-2008 Weed Abatement Public Nuisance Program Report and authorize the transmittal of uncollected charges to the Office of Auditor-Controller, County of Orange Legal Notice published in the O.C. Reporter on June 27, 2008 and notices mailed Staff presentation by Jim Ross, Executive Director, Public Works Agency No written communication No speakers; public hearing closed Motion: Adopt a resolution. RESOLUTION NO. 2008-052 - A resolution of the City Council of the City of Santa Ana overruling objections to and confirming the costs of weed, rubbish and garbage abatement: making, confirming and levying assessments for such costs; and ordering a copy thereof to be filed with the County Auditor, Assessor and Tax Collector CITY COUNCIL MINUTES 195 JULY 7, 2008 PUBLIC HEARINGS MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.C. PUBLIC HEARING - TEFRA ON ISSUANCE OF TAX EXEMPT BONDS FOR CHARTER PUBLIC SCHOOL FACILITY Legal notice published in the Orange County Register on June 22, 2008 No written communication No speakers; public hearing closed Motion: 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority on behalf of the Orange County Educational Arts Academy, a public charter school, for the purpose of the acquisition, construction, and improvement of property located at 825 North Broadway, Santa Ana. 2. Adopt a resolution. RESOLUTION NO. 2008-053 - Authorizing the execution of a Joint Powers Agreement with the California Municipal Finance Authority (Authority) and approve the issuance of revenue bonds by the Authority in an amount not to exceed $11,500,000 for the purpose of acquisition, construction, and improvement of property located at 825 North Broadway, Santa Ana. MOTION: Bustamante SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero, Sarmiento, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 196 JULY7,2008 COMMENTS 75.0. PUBLIC HEARING - MORTGAGE REVENUE BOND TEFRA HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR ROSSWOOD VILLA APARTMENTS Legal notice published in the Orange County Register on June 22, 2008 No written communication No speakers; public hearing closed Motion: 1. Hold a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing in consideration of the issuance of multi-family housing revenue bonds by the Housing Authority of the City of Santa Ana for the purpose of financing and acquisition and rehabilitation of Rosswood Villa Apartments located at 100 N. Ross Street in Santa Ana. 2. Adopt a resolution. RESOLUTION NO. 2008-054 - A resolution of the City Council of the City of Santa Ana approving the issuance of multifamily housing revenue bonds by the Housing Authority of the City of Santa Ana for the purpose of financing the acquisition and rehabilitation of multifamily rental housing MOTION: Martinez SECOND: Alvarez 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 AT 7:16 P.M., FOLLOWED BY THE HOUSING AUTHORITY MEETING PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST Alex Vega thanked the City for its support in the Downtown 4th of July celebration CITY COUNCIL MINUTES 197 JULY 7, 2008 CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS David Ream, City Manager noted that the City Council approved over $14,000,000 for street improvement projects on tonight's agenda 90.B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento · Noted that he is on the Board of Directors for the Santa Ana YMCA and that the organization is on the final leg of fund raising for the new facility in Santa Ana; over $16 million has already been raised leaving a balance of $4 million to be raised. · Noted that he hoped everyone had a happy and safe 4th of July Weekend Councilmember Martinez · Welcomed the new Deputy City Manager for Development Services, Cindy Nelson · Encouraged residents to purchase and wear Bluetooth technology for using cell phones while driving · Asked staff to look at different ways to promote the artists in the Artists Village and to market the events held in the village Councilmember Bustamante · Welcomed Cindy Nelson back to the City family · Thanked the Fire Department for all its work keeping the city safe on the July 4th weekend; and thanked the firefighters at station 5 for participating in many neighborhood events Councilmember Tinaiero · Announced that Pop Warner and cheerleader signups are ongoing · Encouraged staff to promote and market a Santa Ana day · Thanked the Fire Department for its wonderful job this past weekend Council member Benavides · Welcomed Cindy Nelson · Noted that there are great things to see and do in the Artists Village Mavor Pro Tem Alvarez · Thanked the City's firefighters who are assisting in putting out the fires in Northern California · Asked staff to look at bringing the fireworks show back in Santa Ana · Noted that the Firemen's Association is building a grill and is offering to loan the grill to neighborhood associations for outdoor events CITY COUNCIL MINUTES 198 JULY 7, 2008 COMMENTS Mavor Pulido . Asked staff to work with Councilmember Tinajero in developing a Santa Ana Day ADJOURNMENT - 7:39 p.m. - To the Santa Ana Police Department Community Room, 60 Civic Center Plaza, Santa a, CA ~ Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 199 JULY 7, 2008