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HomeMy WebLinkAbout2008-08-18 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA AUGUST 18, 2008 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PlAZA SANTA ANA, CALIFORNIA 6:20 P.M. ATTENDANCE: COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO ABSENT: CARLOS BUSTAMANTE, Councilmember STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido OATHS OF OFFICE Administered by the Clerk of the Council to Jose I. Gonzalez (Youth Commission - Alternate) and Patrick D. Yrarrazaval (Planning Commission). CLOSED SESSION REPORT The City Attorney reported on following items: Jose Garcia, WCAB Case No. ANA 0398857; Kelly Waelder, WCAB Case No. RIV 0047856; Fred Davis, Claim #08-4346 & 06-3687; Samm v. City of Santa Ana; see Item 19.A. for details PUBLIC COMMENT ON AGENDA ITEMS - see items 11.A. and 18.A. CONSENT CALENDAR Mayor Pulido announced the following modifications to the consent Calendar . Items 11.A. and 18.A. pulled per public speaker request CITY COUNCIL MINUTES 207 AUGUST 18, 2008 CONSENT CALENDAR · Mayor Pulido and Councilmember Sarmiento requested to be recorded as abstaining on Item 11.B. · Mayor Pro Tem Alvarez pulled Item 25.G. for separate discussion · Councilmember Benavides pulled item 39.A. for separate discussion · An excuse request for Council member Bustamante from the meeting of August 18,2008 Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) 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.A. Regular Meeting of July 21, 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. ORDINANCE AMENDING MUNICIPAL CODE PURCHASING RULES AND REGULATIONS CITY COUNCIL MINUTES 208 AUGUST 18, 2008 CONSENT CALENDAR Placed on first reading at the July 7, 2008 City Council meeting and approved by a vote of 7-0 Published in the O.C. Reporter on August 8, 2008 George Garcia requested more advanced notice of ordinances to be published. Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2770 - 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: Tinajero VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) 11.B. ORDINANCE ENABLING THE ESTABLISHMENT OF COMMUNITY MANAGEMENT DISTRICTS Placed on first reading at the July 7, 2008 City Council meeting and approved by a vote of 5-0 (Pulido and Sarmiento abstained) Published in the O.C. Reporter on August 8,2008 Mayor Pulido abstained on Item 11.B. due to the proximity of his business to the proposed project area. Councilmember Sarmiento abstained on Item 11. B. because he represents a client in the proposed project area. Motion: Place ordinance on second reading and adopt. CITY COUNCIL MINUTES 209 AUGUST 18, 2008 CONSENT CALENDAR ORDINANCE NS-2771 - 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 11.C. CONTRACT AMENDMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR MISCELLANEOUS MEMBERS Placed on first reading at the July 7, 2008, City Council meeting and approved by a vote of 7-0 Published in the O.C. Reporter on August 8,2008 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2772 - 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 BOARDS/COMMISSIONS/COMMITTEES APPOINTMENTS 13.A. APPOINTMENT Motion: Appoint Jonathan Espinoza (Resident Ward 6) to the Youth Commission (Alternate) nominated by Councilmember Tinajero as the Ward 6 representative for a partial term expiring December 14, 2010 (replacing M. Klucken) 13.B. APPOINTMENT Motion: Appoint Michael L. Macres to the Personnel Board nominated by Councilmember Sarmiento as the Ward 1 representative for a partial term expiring December 9,2008. (replacing F. McClellan) 13.C. APPOINTMENT CITY COUNCIL MINUTES 210 AUGUST 18, 2008 CONSENT CALENDAR Motion: Appoint Charles L. Dobson to the Civic Center Commission as recommended by staff for a term expiring June 30, 2012. (replacing A. Avery) COMMITTEE REPORTS B.D. COUNCIL COMMITTEE REPORTS Committee Name Public Safety Date OS/27/08 CHAPTER 3 APPEALS 18.A. HEARING OFFICER'S REPORT RELATED DECLARATION OF A VICIOUS DOG SANTA ANA MUNICIPAL CODE TO APPEAL OF PURSUANT TO Daniel Miller, appellant, addressed the Council and requested that the Council reject the Hearing Officer's report and recommendation. Mr. Miller has also submitted written exceptions to the Hearing Officer's report in accordance with the provisions of Municipal Code Section 3-9. The following individuals spoke in opposition to the vicious dog designation: Dee Pollard, Marcelo Lutges, Rita Nga Pham, Sheri Grant, and Fred George Turati. Following public comments, the Mayor temporarily placed the matter on the dais, and requested that the Santa Ana Chief of Police discuss the matter with the appellant while the Council continues consideration of the remainder of the items on the Agenda. At the end of the regular meeting the Chief of Police requested a continuance of two weeks to determine if there was an administrative resolution to this matter. Motion: Continue matter to September 2, 200B. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) CITY COUNCIL MINUTES 211 AUGUST 18, 2008 CONSENT CALENDAR NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlements. Jose Garcia, WCAB Case No. ANA 0398857 - Compromise and Release $75,000 and Stipulated Disability $32,130; Kelly Waelder, WCAB Case No. RIV 0047856 - Compromise and Release $95,000; Fred Davis, Claim #08-4346 & 06-3687 - Compromise and Release $25,000; Samm v. City of Santa Ana, $10,000 19.B. EXCUSED ABSENCES Motion: Excuse the absence of Councilmember Bustamante from the August 18,2008 City Council Meeting. 19.C. INVESTMENTS REPORT - QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2008 - FINANCE & MANAGEMENT SERVICES AGENCY Motion: Receive and file report. 19.D. DESTRUCTION OF OBSOLETE CITY RECORDS CITY COUNCIL MINUTES 212 AUGUST 18, 2008 CONSENT CALENDAR Motion: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. (Finance & Management Services Agency, Personnel Services Agency and Police Department) APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT Motion: 1. Adopt a resolution. RESOLUTION 2008-055 - 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 (A-2008-208) with the California Office of Traffic Safety 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 09-9 - Accepting the California Office of Traffic Safety, oUt Enforcement and Awareness Program Grant funds in the amount of $216,583.00 into the revenue account and appropriate same into the California Office of Traffic Safety, DUI Enforcement and Awareness Program expenditure accounts. 20.B. APPROPRIATION ADJUSTMENT RECOGNIZING CRIMINAL ACTIVITY REVENUE FUNDS Motion: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-137 - Recognizing $1,788,395 in Criminal Activity Revenue Funds and appropriate same into the Criminal Activity Expenditure Accounts. 20.C. APPROPRIATION ADJUSTMENT ACCEPTING COUNTY OF ORANGE, FAMILY AND COMMUNITIES TOGETHER FUNDS FOR THE CORBIN FAMILY RESOURCE CENTER CITY COUNCIL MINUTES 213 AUGUST 18, 2008 CONSENT CALENDAR Motion: Approve an appropriation adjustment. (Requires five affirmative votes APPROPRIATION ADJUSTMENT NO. 09-012 - Recognizing $35,248 in the County of Orange, Family and Communities Together program revenue account and appropriating same to the Families and Communities Together program expenditure account. PROJECTS MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR THE CONCORD STREET BLOCK WALL AT CAMBRIDGE RESERVOIR (PROJECT NO. 08-3212) Motion: 1. Award a contract to C & B Concrete Contractors, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $52,922 for construction of the Concord Street Block Wall at Cambridge Reservoir. 2. Approve a Funding Analysis with a total estimated construction cost of $68,700. 23.B. CONTRACT AWARD FOR CENTRAL CITY NEIGHBORHOOD WATER MAIN REPLACEMENT (PROJECT NO. 08-3209) Motion: 1. Award a contract to J. A. Salazar Construction and Supply Corporation, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $796,630 for construction of the Central City Neighborhood Water Main Replacement. 2. Approve a Funding Analysis with a total estimated construction cost of $1,006,300. 23.C. CONTRACT CHANGE ORDER NO.1; CIVIC CENTER PEDESTRIAN BRIDGES RENOVATION (PROJECT NOS. 06-9092 AND 08-9098) Motion: Approve Change Order No. 1 for Civic Center Pedestrian Bridges Renovation for an estimated cost of $79,928. CITY COUNCIL MINUTES 214 AUGUST 18,2008 CONSENT CALENDAR 23.D. CONTRACT AWARD FOR KIWANIS BASKETBALL COURT AT CARL THORNTON PARK (PROJECT NO. 08-6027-C) Motion: 1. Award a contract to Hardy & Harper, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $104,679 for construction of the Kiwanis Basketball Court at Carl Thornton Park. 2. Approve a Funding Analysis with a total estimated construction cost of $146,500. 23.E. CONTRACT AWARD FOR MAIN LIBRARY - TEEN CENTER BASEMENT RENOVATION (PROJECT NO. 07-2400) Motion: 1. Award a contract to Big West Construction, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $140,000 for the Teen Center Basement Renovation in Santa Ana Main Library. 2. Approve a Funding Analysis with a total estimated construction cost of $189,000. 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.Q.) 25.A. AGMT NO. 2008-209 - PLAN CHECK SERVICES - With Willdan Corporation in an amount not to exceed $130,000 - Planning & Building Agency 25.B. AGMT NO. 2008-210 - HISTORIC RESOURCE STUDIES - With Sapphos Environmental, Inc. in the amount of $50,000 - Planning & Building Agency 25.C. AGMT NO. 2008-211 - ANTI-VIRUS SOFTWARE - With Dell/ASAP Software in the amount of $31,000 for a total contract amount of $101,000 and extend the term of the agreement for two additional years - Finance & Management Services Agency CITY COUNCIL MINUTES 215 AUGUST 18, 2008 CONSENT CALENDAR 25.D. AGMT NO. 2008-212 - CABLING SERVICES AND RELATED EQUIPMENT - With Pacific Coast Cabling Inc. for a one-year period in an amount not to exceed $150,000 per year - Finance & Management Services Agency 25.E. AGMTS - ON-CALL SERVICES FOR WATER AND SEWER EMERGENCIES - With Doty Bros. Construction Company (AGMT NO. 2008-213), Paulus Engineering, Inc. (AGMT NO. 2008-214) and Ken Thompson, Inc. (AGMT NO. 2008-215), in an amount not to exceed $130,000 each - Public Works Agency 25.F. AGMTS - ON-CALL ENGINEERING AND LANDSCAPING SERVICES _ With DMJM Harris (AGMT NO. 2008-216), URS (AGMT NO. 2008-217), Penco Engineering (AGMT NO. 2008-218) and Psomas (AGMT NO. 2008-219) in the amount not to exceed $200,000 for each firm - Public Works Agency 25.G. AGMTS - PROGRAM YEAR 2008-09 YOUTH PROGRAM OPERATOR AGREEMENTS Motion: 1. Authorize the City Manager and Clerk of the Council to execute agreements with the following Youth Program Operators for Program Year 2008-09 for a total of $828,073 - Community Development Agency · AGMT NO. 2008-220 - With Christian Latino Association of Music and Arts to provide training in music technology, work experience, job preparation, tutoring, and job placement for ten Out-of-School Youth in an amount of $48,230, through June 30, 2009; · AGMT NO. 2008-221 - With Orange County Children's Therapeutic Arts Center to provide tutoring, job preparation, work experience, and job placement for fifteen Out-of-School Youth in an amount of $1 07,000, through June 30, 2009; · AGMT NO. 2008-222 - With Orange County Conservation Corps to provide on-the-job training, tutoring, job preparation, and job placement for Out-of-School Youth in an amount of $114,174, through June 30, 2009. The total number of youth to be served will be negotiated by July 30, 2008; · AGMT NO. 2008-223 - With Orange County Department of Education to provide tutoring, career development, job CITY COUNCIL MINUTES 216 AUGUST 18, 2008 CONSENT CALENDAR preparation, and job placement for twenty In-School Youth in an amount of $97,077, through June 30, 2009; . AGMT NO. 2008-224 - With Orange County Youth Commission to provide tutoring, mentoring, job preparation, and job placement for In-School Youth and Out-of-School Youth in an amount of $71 ,904, through June 30, 2009. The total number of youth to be served will be negotiated by July 30, 2008; . AGMT NO. 2008-225 - With Orangewood Children's Foundation to provide tutoring, job preparation, and placement for fifteen Out-of-School Youth in an amount of $95,475, through June 30, 2009; . AGMT NO. 2008-226 - With Santa Ana Unified School District/ROP to provide mentoring, work experience, and placement for thirty In-School Youth in an amount of $163,350, through June 30, 2009; and . AGMT NO. 2008-227 - With Taller San Jose to provide vocational training, job preparation, and placement Out-of- School Youth in an amount of $130,863, through June 30, 2009. The total number of youth to be served will be negotiated by July 30, 2008. 2. Authorize the City Manager and Clerk of the Council to execute the Memorandum of Understanding with the Santa Ana W/OIRlK Center for the Youth Service Provider Navigator service to June 30, 2009, and increase the funding by $254,757 (AGMT NO. 2008-228). MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) 25.H. AGMTS - MEMORANDUMS OF UNDERSTANDING WITH MANDATED ONE-STOP PARTNERS - With the following: CITY COUNCIL MINUTES 217 AUGUST 18, 2008 CONSENT CALENDAR . AGMT NO. 2008-229 - State of California Employment Development Department, . AGMT NO. 2008-230 - Orange County Social Services Agency . AGMT NO. 2008-231 - Orange County Workforce Investment Board/Senior Community Service Employment Program . AGMT NO. 2008-232 - Asian American Senior Citizens Service Center . AGMT NO. 2008-233 - Goodwill Industries of Orange County . AGMT NO. 2008-234 - State Department of Rehabilitation . AGMT NO. 2008-235 - Rancho Santiago Community College DistricUSanta Ana College . AGMT NO. 2008-236 - Santa Ana Unified School DistricUCentral County Regional Occupational Program . AGMT NO. 2008-237 - Community Action Partnership of Orange County . AGMT NO. 2008-238 - Santa Ana One-Stop Center . AGMT NO. 2008-239 - The Southern California Indian Center. 25.1. AGMT NO. 2008-240 - SEXUAL ASSAULT EVIDENCE COLLECTION _ Renew the agreement with Anaheim Memorial Medical Center - Police Department 25.J. AGMT NO. 2008-206 - JOINT POWERS AGREEMENT FOR INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY _ Execute an amendment for the Joint Powers Agreement in the Integrated Law & Justice Agency for Orange County - Police Department 25.K. AGMT NO. 2008-241 - EMPLOYEE GROUP INSURANCE RENEWALS- Execute agreements for employee group life and accidental death & dismemberment, long term disability, medical and dental insurance _ Personnel Services Agency 25.L. AGMT NO. 2008-242 - ESTABLISH AND ADMINISTER DONATIONS AND GRANTS - With Charitable Ventures of Orange County - Parks, Recreation & Community Services Agency 25.M. AGMT NO. 2008-243 - VETERINARY SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - With Dr. Scott Weldy in the amount of $68,000 for a one-year term - Parks, Recreation & Community Services Agency 25.N. AGMT NO. 2008-244 - PAVEMENT MANAGEMENT CONSULTANT SERVICES - With Bucknam & Associates, for the not to exceed amount of $100,000 - Public Works Agency CITY COUNCIL MINUTES 218 AUGUST 18, 2008 CONSENT CALENDAR 25.0. AGMT NO. 2008-245 - PURCHASE AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) - With Deutsche Bank National Trust for the purchase of the property located at 1239 W. Raymar Street in the amount of $235,000 - Public Works Agency 25.P. AGMT NO. 2008-246 - COOPERATIVE AGREEMENT FOR BUilDING REPAIRS AND PEST CONTROL SERVICES AT GRAND CENTRAL ARTS CENTER - with the Community Redevelopment Agency of the City of Santa Ana (Agency) in the amount of $35,000 - Community Development Agency 25.a. AGMT NO. 2008-247 - INMATE MEDICAL SERVICES - With Correctional Managed Care Medical Corporation in an annual amount not to exceed $1,200,570 - Police Department 25.R. TERMINATE AGREEMENT WITH SOUTHLAND ECONOMIC DEVELOPMENT CORPORATION FOR THE WORKING CAPITAL lOAN PROGRAM Recommended action approved by the Santa Ana Empowerment Zone Corporation at its July 23, 2008 meeting by a vote of 12-0 (Arjonilla, Carricchi, Martinez, Medrano, Price, Rama, Reyna, absent) Motion: Terminate the agreement with Southland Economic Development Corporation for the Empowerment Zone Working Capital Loan program with the understanding that any net proceeds from the judgment and any other accounts receivables would be returned to the Santa Ana Empowerment Corporation. MISCELLANOUS BUDGET 29.A. PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR THE INSTALLATION OF STREET LIGHTS ON BRISTOL STREET FROM McFADDEN AVENUE TO THIRD STREET Motion: Authorize a payment to Southern California Edison (SCE) in the amount not to exceed $135,564.16 including a 15% contingency for unforeseen conditions as a payment for the installation of new street lights on Bristol Street from McFadden Avenue to Third Street. CITY COUNCIL MINUTES 219 AUGUST 18,2008 CONSENT CALENDAR LAND USE MATTERS CONDITIONAL USE PERMITSNARIANCES 31.A. MINOR EXCEPTION NO. 2008-01, CONDITIONAL USE PERMIT NOS. 2008-10 AND 2008-11 - 1125 E. SEVENTEENTH STREET Filed by Garo Nazarian, on behalf of North Park Plaza, Inc., to allow a reduction in the required off-street and to allow two professional trade schools Recommended action approved by the Planning Commission on July 14, 2008 by a vote of 4-0 (Gartner and Leo absent) Applicant: Garo Nazarian Motion: Receive and file the staff report approving Minor Exception No. 2008- 01 as conditioned, Conditional Use Permit No. 2008-10 as Conditioned and Conditional Use Permit No. 2008-11 as conditioned. 31.B. CONDITIONAL USE PERMIT NO. 2008-25 - 1830 NORTH BRISTOL STREET Filed by Casper Development Resources, Inc. to allow after-hours for Carl's Jr. Restaurant at 1830 North Bristol Street Recommended action approved by the Planning Commission on July 14, 2008 by a vote of 4-0 Applicant: Casper Development Resources, Inc. Motion: Receive and file the staff report approving Conditional Use Permit No. 2008-25 as conditioned. MISCELLANOUS LAND USE 39.A. PUBLIC FACILITIES NAMING NO. 2008-06 Filed by City of Santa Ana Parks, Recreation and Community Services Agency, to rename the sports court within the Kiwanis Barrier Free Park at Thornton Park as the Raul Ayala, Jr. Sports Court at 2709 South Linda Way. CITY COUNCIL MINUTES 220 AUGUST 18, 2008 CONSENT CALENDAR Recommended action approved by the Board of Recreation and Parks on May 28, 2008 by a vote of 6-0 and by the Planning Commission on July 14, 2008 by a vote of 5-0 (Gartner absent) Motion: Receive and file the staff report and affirm the naming of the sports court within the Kiwanis Barrier Free Park at Thornton Park as the Raul Ayala, Jr. Sports Court (Public Facilities Naming No. 2008-06). MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Pulido (2) **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCES 50A ORDINANCE ADDING DIVISION 6 TO CHAPTER 15 REGARDING STATE FRANCHISED VIDEO SERVICE PROVIDERS Motion: Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana adding Division 6 to Chapter 15 of the Santa Ana Municipal Code, regarding State franchised video service providers MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) CITY COUNCIL MINUTES 221 AUGUST 18. 2008 BUSINESS CALENDAR ABSTAIN: None (0) ABSENT: Bustamante (1) RESOLUTIONS 55.A. ADOPT A RESOLUTION TO AUTHORIZE MEMBERSHIP PAYMENT TO INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) Motion: Adopt a resolution. RESOLUTION 2008-056- A resolution of the City Council of the City of Santa Ana authorizing the City of Santa Ana Police Department to authorize the expenditure of funds for services provided as part of the City of Santa Ana's membership in the Integrated Law and Justice Agency for Orange County for the 2008-2009 Fiscal Year MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) 55.B. RESOI_UTION FOR SAFE ROUTES TO SCHOOL GRANT APPLICATIONS Motion: Adopt a resolution. RESOLUTION 2008-057 - A resolution of the City Council of the City of Santa Ana supporting state funding of four projects and authorizing the Executive Director of the Public Works Agency to submit the projects for funding under the State's Safe Routes to School Program CITY COUNCIL MINUTES 222 AUGUST 18, 2008 BUSINESS CALENDAR MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) PUBLIC HEARINGS 75.A. PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES Legal Notice published in the O.C. Reporter on August 8,2008. Staff presentation by Jay Trevino, Executive Director, Planning & Building Agency No written communication Brian Starr, representing the Business Industry Association spoke in support of this ordinance 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 to temporarily supersede certain provisions of the Santa Ana Municipal Code and to permit developers to defer payment of certain development impact fees, and to permit the extension of inactive building permits and permit applications MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) CITY COUNCIL MINUTES 223 AUGUST 18, 2008 JOINT SESSION COUNCIL I CRA 75.8. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2008-03 Legal Notice published in the O.C. Reporter on August 8,2008. Filed by the City of Santa Ana, to amend Chapter 41 of the Santa Ana Municipal Code in order to allow indoor sports facilities within the Light Industrial (M1) zoning district. Staff presentation by Jay Trevino, Executive Director, Planning & Building Agency No written communication No speakers; public hearing closed Motion: 1. Approve and adopt the Negative Declaration, Environmental Report No. 2008-127. 2. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending Chapter 41 of the Santa Ana Municipal Code adding standards for indoor sport facilities (ZOA 2008-03) MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AT 7:05 P.M., FOLLOWED BY THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND THE HOUSING AUTHORITY MEETING 80A JOINT PUBLIC HEARING - SALE OF AGENCY-OWNED PROPERTY (FY08-09) 626-628 E. SANTA ANA BLVD., 809Y:. E. SANTA ANA BLVD. 630 N. GARFIELD ST., AND 604 N. LACY ST. CITY COUNCIL MINUTES 224 AUGUST 18, 2008 PUBLIC HEARINGS Legal notice published in the Orange County Reporter on August 4 and 11,2008. Staff presentation by Cynthia J. Nelson, Deputy City Manager for Development Service No written communication No speakers; public hearing closed Motion: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 09-010 - repaying a loan from the General Fund and transferring the same to the Capital Outlay Fund, and recognizing the proceeds from the sale of properties and appropriating the same into the Merged Housing Set Aside Fund. 2. AGMT NO. 2008-248 - Authorize the City Manager to execute all required documents for the acquisition of real property located at 626-628 E. Santa Ana Blvd., 809% E. Santa Ana Blvd., 630 N. Garfield St. and 604 N. Lacy St. from the Santa Ana Community Redevelopment Agency for the amount of $373,000 plus normal escrow closing costs. 3. Adopt a resolution. RESOLUTION 2008-058 - A resolution of the City Council of the City of Santa Ana approving the sale of agency-owned property located at 626-628 E. Santa Ana Boulevard, 809 % E. Santa Ana Boulevard, 630 N. Garfield Street, and 604 N. Lacy Street to the City of Santa Ana; 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: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) CITY COUNCIL MINUTES 225 AUGUST 18,2008 PUBLIC HEARINGS 80.B. JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT WITH ORANGE COUNTY COMMUNITY HOUSING CORPORATION FOR 1006,1012, AND 1015 LOGAN Legal Notice published in the Orange County Reporter on August 4 and 11, 2008. Recommended Action approved by the Community Redevelopment and Housing Commission on July 15, 2008, by a vote of 4-0 (Reyna, Villasenor absent) Staff presentation by Cynthia J. Nelson, Deputy City Manager for Development Service No written communication George Garcia asked how the City obtained the property; Sam Romero spoke in support of the project; Allan Baldwin, representing the Orange County Community Housing Corporation addressed the Council in support of the disposition and development agreement. Public hearing closed Motion: Adopt a resolution. RESOLUTION 2008-059 - A resolution of the City Council of Santa Ana making certain findings with respect to the consideration to be received by the Community Redevelopment Agency of the City of Santa Ana pursuant to a Disposition and Development Agreement (AGMT NO. 2008-249) between the Agency and Orange County Community Housing Corporation for the sale of certain real property and approving the sale of said real property upon the terms and conditions contained in that agreement MOTION: Pulido SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) CITY COUNCIL MINUTES 226 AUGUST 18, 2008 PUBLIC HEARINGS PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST George Garcia addressed several general issues; Jim Walker announced that in November, there will be a disaster preparedness fair in Santa Ana; Debbie McEwen raised concerns about the response time for the Graffiti Hot Line and the dangers of the sign twirlers at busy intersections. CITY MANAGER AND COUNCIL COMMENTS 90.A. CITY MANAGER'S COMMENTS - None 90.B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento . Announced that on August 30, 2008 at 11 :00 a.m. the Friends of the Santa Ana Zoo will be unveiling a new conservation themed carousel at the zoo featuring endangered animals . Noted that he attended an open gallery night on the 3rd Saturday of the month at the Santiago lofts; asked staff to coordinate with Artist Village, Santiago Lofts and CityPlace to better advertise the featured nights each month at the three locations . Wished a Happy Birthday to Sal Tinajero's son, Vince Councilmember Martinez . Noted that she has received calls from members of the Historic Resources Commission relative to changes being proposed for the Twist-Bassler house by the developer without going through the Historic Resources Commission . Noted that last week she visited the zoo with a couple of students on a "Santa Ana Day" . Noted that the City needed to discuss the Ware Disposal issues and that a resolution of the issues in the Logan Neighborhood was needed . Asked the Chief of Police to comment on departmental plans to curtail gang activity in the City Mavor Pro Tem Alvarez . Noted that much of the information related to the Police Department's plans related to curtailing gang activity is confidential; she encouraged a private meeting with the Police Chief . Noted that she attended a ceremony at the Howe-Waffle House and asked staff to work with the historical society in obtaining some kind of marker for the facility to place on Civic Center Drive . Reminded parents that the new school year was approaching and that the focus should be on preparing children for the new school term CITY COUNCIL MINUTES 227 AUGUST 18, 2008 COMMENTS Councilmember Benavides · Noted that there were many events for residents each month including: the Artist Village Walk on the 1st Saturday of each month, the Santiago Street Lofts event on the 3rd Saturday of each month, and the celebration at CityPlace on the 3rd Friday of each month · Noted that there is a new restaurant, Tommy Pastrami, in Downtown Santa Ana · Announced that there would be a street fair on the 800 block of South Townsend Street this weekend as a sign of the community coming together Councilmember Tinaiero · Reminded residents that sign ups for Pop Warner football will be closing in a few days; thanked Parks and Recreation Agency for its outreach efforts in notifying families of the opportunities to sign up for the upcoming football season · Noted that due to the start of a new school season, there will be increases in traffic around school sites Mavor Pulido · Reminded all residents to drive carefully ADJOURNMENT - 7:58 p.m ~~ Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 228 AUGUST 18, 2008