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Home My WebLink About2008-09-02 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA SEPTEMBER 2, 2008 CALLED TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:07 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 HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido INVOCATION Robert Barnett, Police Chaplain PRESENTATIONS PROCLAMATION presented by MAYOR PULIDO to Sister Eileen McNerney in recognition of her retirement from Taller San Jose. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Dr. Robert Espinoza for his work with "Homework in the Hood". PROCLAMATION presented by MAYOR PULIDO proclaiming September 25, 2008 as "Arbor Day". CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Vincent Virgen and Tony Chiaramonte for their act of heroism in saving family members from a burning house in Floral Park. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to Commander Dave Valentin congratulating him on his induction into the Santa Ana College Hall of Fame. CITY COUNCIL MINUTES 231 SEPTEMBER 2, 2008 CONSENT CALENDAR CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to the family of Raul Ayala Jr. in memory of Raul Ayala Jr. and the naming of the new "Raul Ayala Jr. Sports Court" at Thornton Park. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Candice Price congratulating her on being awarded "Youth of the Year" by the Santa Ana Youth Commission. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Pastors Nati and <Teresa Alvarado for their "Back-to-School Project Backpack Event". <not present CLOSED SESSION REPORT The City Attorney reported on the item, Ken Yarbrough, WCAB number AHM 0117144 and 0129675, see Item19.A. for report PUBLIC COMMENT ON AGENDA ITEMS George Garcia made general comments related to Items 55.A. and 55.C. CONSENT CALENDAR Mayor Pulido announced the following modifications to the consent Calendar · Addition of 19.A. Closed Session report · Councilmember Sarmiento pulled items 19.0. and 25.1. for separate discussion · Mayor Pro Tem Alvarez recorded a "no" vote on Item 19.E. · Councilmember Benavides pulled item 25.G. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. 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 232 SEPTEMBER 2, 2008 CONSENT CALENDAR 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 10.8.) 10A Closed Session of August 18, 2008 10.B. Regular Meeting of August 18, 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 11A ORDINANCE ADDING DIVISION 6 TO CHAPTER 15 REGARDING STATE FRANCHISED VIDEO SERVICE PROVIDERS Placed on first reading at the August 18, 2008 City Council meeting and approved by a vote of 6-0 (Bustamante absent) Published in the O.C. Reporter on August 22,2008 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2774 - 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 11.B. ORDINANCE TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES Placed on first reading at the August 18, 2008 City Council meeting and approved by a vote of 6-0 (Bustamante absent) Published in the O.C. Reporter on August 22,2008 CITY COUNCIL MINUTES 233 SEPTEMBER 2, 2008 CONSENT CALENDAR Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2775 - 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 11.C. ZONING ORDINANCE AMENDMENT NO. 2008-03 Placed on first reading at the August 18, 2008 City Council meeting and approved by a vote of 6-0 (Bustamante absent) Published in the O.C. Reporter on August 22, 2008 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2776 - 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) CHAPTER 3 APPEALS 18.A. HEARING OFFICER'S REPORT RECOMMENDATION RELATED TO VICIOUS DOG DECLARATION Continued from the August 18, 2008 City Council meeting by a vote of 6-0 (Bustamante absent) Motion: Continue the matter to the October 6, 2008 City Council Meeting. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement: CITY COUNCIL MINUTES 234 SEPTEMBER 2, 2008 CONSENT CALENDAR Ken Yarbrough, WCAB number AHM 0117144 and 0129675, Compromise and Release, $45,000 19.B. EXCUSED ABSENCES 19.C. PRELIMINARY CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT UPDATE Motion: Receive and file the preliminary City of Santa Ana General Plan Housing Element Update prior to submittal for review by the State Department of Housing and Community Development 19.0. CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT Motion: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 19.E. DESTRUCTION OF OBSOLETE CITY RECORDS 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. (Personnel Services Agency and City Manager's Office) Mayor Pro Tem Alvarez voted no on Item 19.E. APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING FY 2006 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS CITY COUNCIL MINUTES 235 SEPTEMBER 2, 2008 CONSENT CALENDAR Motion: 1. Exercise a reimbursement agreement entered into by the City of Los Angeles and the City of Santa Ana in the amount of $93,750. 2. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 09-014 - Recognizing the FY 2006 Urban Areas Security Initiative in the amount of $93,750 in revenue account and appropriate same in the FY 2006 Urban Areas Security Initiative Program Grant expenditure accounts. 3. AGMT NO. 2008-251 - CASE MANAGEMENT SOFTWARE _ Authorize the Chief of Police and Clerk of the Council to execute an agreement in an amount not to exceed $93,750 - Police Department GRANTS 21.A. FY 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM APPLICATION Motion: Adopt a resolution. RESOLUTION NO. 2008-060 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to submit a grant application to the State of California Office of Homeland Security for the FY2008 Interoperable Emergency Communications Grant Program SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.F.) 22.A. SPEC. NO. 06-066 - UNLEADED FUEL - Renew the contract with G.P. Resources, Inc., for a one-year period in an amount not to exceed $1,400,000. - Finance & Management Services Agency 22.B. SPEC. NO. 06-100 - WEED AND DEBRIS REMOVAL _ Renew the contract with Naranjo Landscaping for a one-year period in an amount not CITY COUNCIL MINUTES 236 SEPTEMBER 2, 2008 CONSENT CALENDAR to exceed $177,000. - Public Works and Community Development Agencies 22.C. SPEC. NO. 06-152 - MISCELLANEOUS PLUMBING SUPPLIES - Renew the contract with Irvine Pipe & Supply, Inc., for a one-year period in an amount not to exceed $90,000 - Finance & Management Services Agency 22.D. SPEC. NO. 07-006 - HAZARDOUS WASTE DISPOSAL SERVICES - Renew the contract with Clean Harbors Environmental Service, Inc., for a one-year period in an amount not to exceed $65,000 - Finance & Management Services Agency 22.E. SPEC. NO. 07-057 - BRASS WATER SERVICE FITTINGS - Renew the contracts for a one-year period in the annual amounts as follows: Vendor: Wells Supply Company Ferguson Waterworks Location: Santa Ana Santa Ana Amount: $50,000 $30,000 22.F. SPEC. NO. 08-052 - SURVEILLANCE SYSTEM COMPONENTS - Award a contract to Merjan Enterprises Inc., dba/Save On Video in an amount not to exceed $107,000 - Police Department PROJECTS MAINTENANCE. REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR PLAZA OF THE SUN DRAINAGE IMPROVEMENTS (PROJECT NO. 08-9099) Motion: 1. Award a contract to Golden State Constructors, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $42,213.60 for construction of the Plaza of the Sun Drainage Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $59,000. CITY COUNCIL MINUTES 237 SEPTEMBER 2, 2008 CONSENT CALENDAR 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.J.) 25.A. AGMTS - PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500-C) - Public Works Agency - With the following: · AGMT NO. 2008-252 - With Clinton Do and Thuat Thi Cao for $117,500 · AGMT NO. 2008-253 - With Sergio H. Esparza and Delio O. Esparza for $92,660 25.B. AGMT NO. 2008-254 - GIS PROGRAMMING AND CONSULTING SERVICES - With Redlands Software for an amount not to exceed $141,600 - Public Works Agency 25.C. AGMT NO. 2008-255 - COOPERATIVE AGREEMENT TO CONDUCT DETAILED PLANNING AND ENVIRONMENTAL STUDIES TO CONSTRUCT AND OPERATE A FIXED GUIDEWAY SYSTEM - With the Orange County Transportation Authority (OCTA) - Public Works Agency 25.0. AGMT NO. 2008-256 - ENERGY CONSULTING SERVICES - With Edward K. Aghjayan in an amount not to exceed $75,000 - Public Works Agency 25.E. AGMT NO. 2008-257 - POLICE SERVICE DOG TRAINING SERVICES _ With Adlerhorst International, Inc. in an amount not to exceed $50,000 _ Police Department 25.F. AGMT NO. 2008-258 - NEWPORT WATERSHED COOPERATIVE AGREEMENT - With the County of Orange to extend the term of the agreement to 2010 and authorize an annual payment amount of not to exceed $400,000 - Public Works Agency 25.G. AGMT NO. 2008-259 - OPERATION OF THE COMMUNITY GARDEN AT JEROME PARK - With The Grain Project for a two-year term with two 5- year renewal options - Parks, Recreation & Community Services Agency CITY COUNCIL MINUTES 238 SEPTEMBER 2, 2008 CONSENT CALENDAR MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.H. AGMT NO. 2008-260 - LANDSCAPE MAINTENANCE SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - With Vista Del Verde Landscape, Inc. for a one-year term, in an amount not to exceed $112,720 - Parks, Recreation & Community Services Agency 25.1. AGMT NO. 2008-261 - EMPOWERMENT ZONE MEMORANDUM OF AGREEMENT - Authorize the Mayor to execute an amendment with the U.S. Department of Housing & Urban Development - Community Development Agency MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.J. AGMT NO. 2008-262 - ONE STOP OPERATOR FOR PROGRAM YEAR 2008-2009 - Execute an extension of the Memorandum of Understanding with the Santa Ana WORK Center - Community Development Agency **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE PARKS RECREATIONAL TRAILS PROGRAM CITY COUNCIL MINUTES 239 SEPTEMBER 2, 2008 BUSINESS CALENDAR Motion: Adopt a resolution. RESOLUTION NO. 2008-061- A resolution of the City Council of the City of Santa Ana approving the application for grant funds from the Recreational Trails Program to develop the Fisher Park Nature Trail MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. RESOLUTION SUPPORTING RECYCLING AT CITY FACILITIES AND AT CITY SPONSORED EVENTS Motion: Adopt a resolution. RESOLUTION NO. 2008-062 - A resolution of the City Council of the City of Santa Ana adopting a policy to encourage recycling at City facilities and City sponsored events MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE PARKS HABITAT CONSERVATION FUND GRANT PROGRAM CITY COUNCIL MINUTES 240 SEPTEMBER 2, 2008 BUSINESS CALENDAR Motion: Adopt a resolution. RESOLUTION NO. 2008-063 - A resolution of the City Council of the City of Santa Ana approving the application for grant funds under the Habitat Conservation Fund Program for the Santiago Creek Butterfly and Bird Habitat Project MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.D. BIENNIAL REVIEW OF CITY'S CONFLICT OF INTEREST CODE Motion: Adopt a resolution. RESOLUTION NO. 2008-064 - A resolution of the City Council of the City of Santa Ana amending the Conflict of Interest codes of certain City agencies and departments MOTION: Alvarez SECOND: Bustamante 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 - ZONING ORDINANCE AMENDMENT NO. 2008-02 AND CONDITIONAL USE PERMIT NO. 2008-23 - 520 S. HARBOR BOULEVARD CITY COUNCIL MINUTES 241 SEPTEMBER 2, 2008 PUBLIC HEARINGS Filed by Cal-City Construction, Inc. to allow the construction of a two-story, medical and commercial development with restaurant use at 520 South Harbor Boulevard in the North Harbor Specific Plan (SP2) zoning district. Recommended action approved by the Planning Commission on August 11,2008, by a vote of 7-0 Legal Notice published in the O.C. Reporter on August 22, 2008 and notices mailed Staff presentation by Karen Haluza, Planning & Building Agency Manager No written communications or speakers Public hearing closed Motion: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006- 87 2. Place ordinance on first reading and authorize publication. ORDINANCE NS-2773 - An ordinance of the City Council of the City of Santa Ana approving and adopting a negative declaration for environmental review No. 2006-87 and amending the North Harbor Specific Plan (SP2) Zoning District to rezone the property located at 520 South Harbor Boulevard from single family residential to General Commercial (ZOA No. 2008-02) 3. Adopt a resolution. RESOLUTION NO. 2008-065 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2008-23 as conditioned to allow 2,696 square feet of restaurant space at the property located at 520 South Harbor Boulevard MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 242 SEPTEMBER 2, 2008 JOINT SESSION WITH CRA AND HOUSING COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:25 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING COUNCIL RECONVENED WITH ALL MEMBERS PRESENT AT 7:33 P.M. PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST George Garcia raised general issues; Dave Hoen invited residents and Councilmembers to the eighth annual concert in the park on Saturday, September 6, 2008 at Morrison Park CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS - None 90.B. CITY COUNCILMEMBER COMMENTS Council member Sarmiento . Noted that there was a recent ribbon cutting at the Santiago Creek Conservancy and recommended that residents visit the facility as it is a good example of green development . Noted that on Saturday, August 30th, there was a ribbon cutting for the new carousel at the Santa Ana Zoo; he further noted that the carousel was impressive because it depicted endangered animals . Thanked the Friends of the Santa Ana Zoo for its leadership in finding funding for the carousel project . Noted that two of Santa Ana's firefighters have been deployed to Shreveport to help out due to damage caused by Hurricane Gustav; he noted that the firefighters were selected because of their expertise Councilmember Martinez . Welcomed all Santa Ana students back to school Councilmember Bustamante . Reminded residents that due to the new school year and all the road construction in Santa Ana, there is a need to be more careful when on the road . Welcomed the banners and the archway on the south side of Santa Ana and noted that there are improvements happening on the north side as well, including at Main Place; he noted that a Coach store is opening at the mall . Encouraged residents to attend the concert in the park at Morrison Park on Saturday CITY COUNCIL MINUTES 243 SEPTEMBER 2, 2008 COMMENTS Mavor Pro Tem Alvarez · Congratulated the Police Department, other law enforcement agencies and faith based organizations on the deployment of personnel in target areas to combat the recent spike in crime; she noted that the police department was able to gather a lot of intelligence information to prevent further crime development; she further noted that the department has received positive feedback from the community on the three day consolidated effort in a two mile area plagued by violence Councilmember Benavides · Noted that the Council, by adopting a policy to encourage recycling at City facilities and City sponsored events is taking the lead on this important project in the community; he encouraged all residents to recycle · Noted that he has received positive response from the community on the recent Operation Restore Peace; and that he received an e-mail from the directors of TKO boxing commenting that due to the remodeling of Jerome Center the area will be much safer in the future Councilmember Tinaiero · Thanked the Parks and Recreation Agency and its Director, Gerardo Mouet for all the work they did developing programs for children over the summer months · Asked staff to review the area around MacArthur Fundamental school; he noted that he has been advised of traffic concems in the area including the presence of several truck vendors; he further asked staff to look for solutions to this situation Mavor Pulido · Asked staff to work with an organization called First Serve Santa Ana to find a suitable location for elementary school children to take tennis lessons · Noted that there has been a lease signed for a Fresh and Easy store at Main and Edinger which is currently in plan check · Asked the Council to adjourn in memory of Roy Russell, a longtime city resident and former city commissioner. ADJOURNMENT - 7:55 p.m. IN MEMORY OF ROY RUSSELL f?~\ Ch~ I;-.v' Patricia E. Healy l v Clerk of the Council CITY COUNCIL MINUTES 244 SEPTEMBER 2, 2008