HomeMy WebLinkAbout2009-03-02 Regular
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
SANTA ANA, CALIFORNIA
MARCH 2, 2009
CALLED TO ORDER
CITY HALL 8TH FLOOR, RM. 831
20 CIVIC CENTER PLAZA,
SANTA ANA, CALIFORNIA
4:45 P.M.
ATTENDANCE
COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES (5:00 P.M.)
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
SPECIAL CLOSED AND REGULAR
CLOSED SESSIONS
Adjourned to CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:49 P.M.
REGULAR MEETING
PLEDGE OF ALLEGIANCE
6:05 P.M.
MAYOR PULIDO
INVOCATION
Robert Barnett, Police Chaplain
EMPLOYEE SERVICE AWARDS
MAYOR PULIDO
20 YEARS OF SERVICE
Kent M. Yamaguchi
Zoo Curator of Education, Parks, Recreation,
and Community Services
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25 YEARS OF SERVICE
Kurt A. Wiemann
Construction Inspector II, Public Works Agency
PRESENTATIONS
PROCLAMATION presented by MAYOR PULIDO to Allan Fainbarg in recognition of
Allan Fainbarg Day.
PROCLAMATION presented by MAYOR PULIDO and COUNCILMEMBER MARTINEZ
to IMPCO Technologies in recognition of their 50th Anniversary.
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ and
COUNCILMEMBER SARMIENTO to the Union of Vietnamese Student Associations in
recognition of the UVSA Tet Festival 2009, "Year of the Ox".
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
Julian Braun for assisting the Santa Ana Police Department in pursuit of a burglary
suspect.
CLOSED SESSION REPORT
None.
Item taken out of order
REPORTS
65A RESTRUCTURE CITY BOARDS, COMMISSIONS, AND COMMITTEES
(APPOINTIVE BOARDS)
Continued from the February 2, 2009 City Council meeting by a vote of
7-0.
Motion:
1. CREATE an Ad Hoc Council Committee comprised of
Councilmembers Benavides, Martinez, and Sarmiento to review
the structure of the City's boards and commissions;
2. REQUEST the Ad Hoc Council Committee to submit
recommendations within forty-five days, and in the interim;
3. SUSPEND the regular meeting schedule of the Early Prevention
and Intervention Commission (EPIC), Environmental and
Transportation Advisory Committee (ETAC), Historic Resources
Commission, Human Relations Commission, Library Board, and
the Youth Commission
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CONSENT CALENDAR
4. AUTHORIZE the applicable executive directors of the liaison
agencies to call special meetings of the above appointed boards
on an as needed basis
MOTION: Benavides SECOND: Martinez
YOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC COMMENTS ON AGENDA ITEMS AND ON ISSUES OF PUBLIC INTEREST
(Taken out of order)
The Mayor announced that this was the time to hear public comments on matters on the
Council and Agency agendas and also for non-agenda items within the jurisdiction of
the City Council
George Garcia commented on Item 20A; Tish Leon raised concerns related to Item
25A; Jaime Land Espinoza asked the Council to consider additional skate parks in the
city; Lisa Ruvalcava, Robert Penne, Eric Altman, Tefere Gebre, and Joaquin Avalos
raised concerns relative to layoffs of city employees; Debbie McEwen expressed
concerns relative to the possible elimination of the Historic Resources Commission;
Anne Menaldo announced the 2009 Santa Ana Independence Day Celebration event
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the consent Calendar
. Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C and pulled Item 20A
and Item 25A for separate discussion
. Councilmember Benavides pulled Item 23A for separate discussion
Motion:
Approve staff recommendations on the following Consent Calendar
items.
MOTION: Martinez
SECOND: Sarmiento
YOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
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CONSENT CALENDAR
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent Motion.
ADMINISTRATIVE MATTERS
Motion:
Approve minutes. (Item 10A, 10B and 10C)
10A Closed Session Meeting of February 17, 2009
10B Regular Meeting of February 17, 2009
10C Special Meeting Minutes of February 24,2009
APPOINTMENTS
13A APPOINTMENT
Motion:
Appoint Desi Reyes to the Community Redevelopment/Housing
Commission, nominated by Councilmember Sarmiento as the Ward 1
representative for a full term expiring December 11, 2012. (Replacing
D. Vasquez)
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT
None
19B EXCUSED ABSENCES
None
19C DESTRUCTION OF OBSOLETE CITY RECORDS
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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. (City Manager's Office
Community Development Agency and Parks, Recreation and
Community Services Agency)
Mayor Pro Tem recorded a "no" vote on Item 19C
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTM~NT ACCEPTING THE PROJECT SAFE
NEIGHBORHOODS GRANT FUNDING
Motion:
1. Adopt a resolution.
RESOLUTION NO. 2009-017 - 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 California Office of
Emergency Services for the Project Safe Neighborhoods Grant
Program
2. Approve an Appropriation Adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 09-67 - Recognizing the
California Emergency Management Agency Grant funds in the amount
of $30,000 into the OES-2009 Project Safe Neighborhoods Grant
revenue account and appropriate same into the OES-2009 Project
Safe Neighborhoods expenditure account
MOTION: Alvarez
SECOND: Sarmiento
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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CONSENT CALENDAR
20B APPROPRIATION ADJUSTMENT ACCEPTING FY 2008 HOMELAND
SECURITY GRANT PROGRAM AND RELATED AGREEMENTS
Motion:
1. Authorize the City Manager and the Chief of Police to prepare a
subgrantee agreement.
AGMT NO. 2009-021 - EQUIPMENT, SERVICES, AND TRAINING -
With the City of Anaheim in an amount not to exceed $4,000,000
2. Direct the City Attorney to prepare and authorize the Chief of
Police and the Clerk of the Council to enter into reimbursement
agreements.
AGMTS NO. 2009-020 - EQUIPMENT, SERVICES, OR TRAINING -
With the County of Orange or any of the cities located in the
designated Anaheim/Santa Ana Urban Area in an aggregate amount
not to exceed $4,000,000 - Police Department
3. Approve an Appropriation Adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 09-66 - Recognizing the FY
2008 Urban Areas Security Initiative in the amount of $4,000,000 in
revenue account and appropriate same in the FY 2008 Urban Areas
Security Initiative Program Grant expenditure accounts
20C APPROPRIATION ADJUSTMENT RECOGNIZING RECREATION
SPECIAL FEES AND DONATIONS
Motion:
Approve an Appropriation Adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 09-070 - Recognizing $328,460 in
Recreation Special Fees and Donations revenue accounts and
appropriate same to the Recreation Special Fees and Donations
expenditure accounts
20D APPROPRIATION ADJUSTMENT ACCEPTING FUNDS FOR THE
TRAFFIC SIGNAL AT HARBOR BOULEVARD AND KENT AVENUE
(PROJECT NO. 08-5022-C)
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CONSENT CALENDAR
Motion:
Approve an Appropriation Adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 09-068 - Accepting funds from
California Palm in the amount of $39,300 into the select street
construction fund and appropriating the funds into the select street
construction fund for the traffic signal installation at Harbor Boulevard and
Kent Avenue
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion:
Award in accordance with Request for Council Action. (Items 22A
through 22E)
22A SPEC. NO 09-011 - FIREFIGHTER TURNOUT COATS & PANTS - FIRE
DEPARTMENT - Award a contract to Fisher Scientific, under the
Cooperative Purchase Provision of the City of Sacramento, in the amount
of $268,000 - Finance & Management Services Agency
22B SPEC. NO 09-001 - POSITIVE DISPLACEMENT COLD WATER METERS
- PUBLIC WORKS AGENCY - Award a contract to Badger Meter, Inc. for
a one-year period, with provision for four, one-year renewals in an annual
amount not to exceed $95,000 - Finance & Management Services Agency
22C SPEC. NO 07-087 and 09-009 - AUTOMOTIVE PARTS AND REPAIRS-
Finance & Management Services Agency
Motion:
1. Renew the contracts for Original Equipment Manufacturer vehicle
parts and repairs for a one-year period in the annual aggregate
amount not to exceed $160,000 with: Power Chevrolet Irvine,
Showcase Chevrolet, McCoy Motor Co. Inc. d/b/a Mills Ford,
Power Ford Tustin, and Villa Ford.
2. Award a contract to Orange County Auto Parts Inc. for
miscellaneous automotive parts for a one-year period, with
provision for two one-year renewals in the annual amount not to
exceed $50,000.
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CONSENT CALENDAR
22D SPEC. NO 06-013 - WATER WEll REHABILITATION - PUBLIC
WORKS AGENCY - Renew the contracts for a one-year period in an
annual aggregate amount not to exceed $250,000 to:
Vendor
Orange County Pump Co.
So Cal Pump & Well Drilling, Inc.
Bakersfield Well & Pump Co.
Layne Christensen Co.
location
Santa Ana
Riverside
Bakersfield
Fontana
22E SPEC. NO 08-077 HEATING, VENTilATION, AND AIR
CONDITIONING MAINTENANCE AND REPAIRS - Award a contract to
Adelphia, Inc. d/b/a Chandler's Air Conditioning and Refrigeration for two
one-year renewals in an amount not to exceed $60,000 annually -
Finance & Management Services Agency
PROJECTS
23A CONTRACT AWARD FOR lOCAL STREET REHABILITATION -
PROJECT RESTORE, PHASE IV (PROJECT NO.09-1747-C)
Motion:
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid prices plus add-on alternate
one in the estimated amount of $3,864,426 for construction of
Local Street Rehabilitation-Project Restore, Phase IV.
2. Approve a Funding Analysis with a total estimated construction
cost of $4,637,300
MOTION: Benavides
SECOND: Alvarez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
AGREEMENTS
Motion:
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CONSENT CALENDAR
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 25B through 25F)
25A AGMT NO. - WIRELESS COMMUNICATION CONSULTING SERVICES
- Execute an amended and restated agreElment with ATS
Communications for a two-year termon a commission basis - City
Manager's Office
Motion:
Continue matter to the March 16,2009 City Council Meeting.
MOTION: Alvarez
SECOND: Martinez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (6)
NOES: None (0)
ABSTAIN: Bustamante (1)
ABSENT: None (0)
Councilmember Bustamante abstained from Item 25A due to receipt of
recent campaign contributions from the applicant and left the dais for this
item only
25B AGMTS - ON-CALL LANDSCAPE ARCHITECTURAL SERVICES -
Execute agreements with the following not to exceed an amount of
$300,000 for each firm - Public Works Agency:
AGMT NO. 2009-022 - Tatsumi and Partners
AGMT NO. 2009-023 - RJM Design Group, Inc.
AGMT NO. 2009-024 - Lynn Capouya
25C AGMTS - BRISTOL STREET CORRIDOR (PROJECT NOS. 06-1500-C
AND 08-1700-C) - Public Works Agency
. AGMT NO. 2009-025 - With Shlomo Yafckli and Judith Yafckli for the
purchase of a portion of the property located at 1245 W. Highland in
the amount of $38,385
. AGMT NO. 2009-026 - With George Dunlop Mcintyre and Alice Ilene
Mcintyre, Trustee in Trust of The Mcintyre Family Trust, for the
purchase of the property located at 908 N. Bristol in the amount of
$1,081,000
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CONSENT CALENDAR
250 AGMT NO. 2009-027 - EDUCATIONAL SERVICES TO SANTA ANA
SCHOOLS ON WATER-RELATED ISSUES - Execute an amendment
with the Municipal Water District of Orange County for a one year term,
with the option to extend for a second one year term in an amount not to
exceed $52,000 for the first year and $30,000 for the second year - Public
Works Agency
25E AGMT NO. 2009-028 WEB-SITE AND PROMOTIONAL
COMMUNICATIONS SERVICES FOR READY OC - Execute an
amendment with Westbound Communications for an amount not to
exceed $220,000 for the Emergency Preparedness Campaign and for the
primary benefit of the Anaheim/Santa Ana Urban Area - Police
Department
25F AGMT - CABRILLO PARK TENNIS COURT - Public Works Agency and
Parks, Recreation, and Community Services Agency
1. Authorize the City Manager and Clerk of the Council to execute an
agreement subject to non-substantive changes approved by the
City Manager and City Attorney.
AGMT NO. 2009-029 - With the County of Orange for the construction
of a tennis court at Cabrillo Park
2. Approve an Appropriation Adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 09-069 - Accepting funds from
the County of Orange in the amount of $170,000 into the Parks Capital
Projects fund and appropriating the funds to the same fund
LAND USE MATTERS
31A CONDITIONAL USE PERMIT I VARIANCES
CONDITIONAL USE PERMIT NO. 2008-37 - 2130 NORTH GRAND
AVENUE
Filed by HMC Architects to allow a private school, child care facility and
new gymnasium as part of an expansion at the Alliance Church of Orange
at 2130 North Grand Avenue located in the Single Family Residence (R1)
zoning district.
Recommended action approved by the Planning Commission on January
26,2009 by a vote of 7-0.
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BUSINESS CALENDAR
Applicant: HMC Architects
Motion:
Receive and file the staff report approving Conditional Use Permit
No. 2008-37 as conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
RESOLUTIONS
55A AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND
ANNUAL BUDGET
Continued from the February 2, 2009 City Council meeting by a vote of
7-0.
Continued from the February 17, 2009 City Council meeting by a vote
of 6-0 (Tinajero absent).
Motion:
Continue matter to the April 6, 2009 City Council Meeting
MOTION: Bustamante SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75A PUBLIC HEARING -CONSTRUCTION OF THE CITY PLACE SKY
LOFTS RESIDENTIAL TOWER DEVELOPMENT LOCATED AT 301
EAST JEANETTE LANE
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PUBLIC HEARINGS
Filed by the Transaction Financial Corporation, to allow the construction of
a 31-story high rise residential condominium tower within the City Place
development located at 301 East Jeanette Lane in the Specific
Development No. 59 (SD-59) zoning district.
Recommended action approved by the Planning Commission on January
12, 2009 by a vote of 5-1 (Yrarrazaval opposed, Turner abstained) Legal
Notice published in the Orange County Reporter on January 23, 2009 and
notices mailed.
Applicant: Transaction Financial Corporation
Continued from the February 2, 2009 City Council Meeting by a vote of
7-0.
Continued from the February 17, 2009 City Council Meeting by a vote of
6-0 (Tinajero absent).
Motion:
Continue matter to the March 16, 2009 City Council Meeting.
MOTION: Alvarez SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B PUBLIC HEARING -ORDINANCE CREATING NEW APPLICATION
PROCESSING FEE FOR MODIFICATION OF HISTORIC STRUCTURES
AND RESOLUTION ESTABLISHING AND UPDATING VARIOUS
DEVELOPMENT PROCESSING FEE AMOUNTS
Legal Notice published in the Orange County Reporter on February 20
and 25, 2009.
Motion:
Continue matter to the March 16, 2009 City Council Meeting.
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PUBLIC HEARINGS
MOTION: Martinez
SECOND: Sarmiento
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75C PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2008-01
AND ORDINANCE AMENDMENT 2008-02 TO REGULATE MASSAGE
ESTABLISHMENTS
Recommended action approved by the Planning Commission on January
12,2009 by a vote of 7-0.
Legal Notice published in the Orange County Reporter on February 20,
2009.
Jay Trevino, Executive Director of Planning and Building gave a
presentation.
No written communication.
Dr. Andrew Burpee commented on this item; public hearing closed.
Motion:
1. Approve and adopt the Negative Declaration, Environmental
Review No. 2008-98.
2. Place ordinance on first reading and authorize publication.
ORDINANCE - An ordinance of the City Council of the City of Santa
Ana amending chapters 22 and 41 of the Santa Ana Municipal Code to
update the City's regulation of massage establishments and massage
technicians
MOTION: Alvarez
SECOND: Benavides
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Pulido (6)
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COMMENTS
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
COUNCIL CONVENED WITH ALL MEMBERS
REDEVELOPMENT AGENCY AT 7:42 P.M.
AUTHORITY MEETING
PRESENT TO THE COMMUNITY
FOLLOWED BY THE HOUSING
CITY MANAGER AND COUNCIL COMMENTS
90A CITY MANAGER'S COMMENTS
City Manager Dave Ream gave a presentation on the City's Road
Improvement Project.
90B CITY COUNCILMEMBER COMMENTS
Councilmember Tinaiero
. Noted that the opening of the Valley Little League was very successful
and thanked Mayor Pro Tem Alvarez and Councilmember Benavides
for attending
Councilmember Benavides
. Thanked the members of the City's commiSSions who attended
tonight's meeting and invited them to also attend the meetings of the
newly created Ad Hoc Committee to review the structure of the various
commissions
. Reminded residents that he will be holding his monthly open house this
Saturday at the Southwest Senior Center
. Noted that the Santa Ana Zoo will be celebrating its birthday this
weekend and invited residents to join in the celebration
. Announced that the TKO Boxing Club will host a documentary film
screening entitled "Center Street Rising" on Sunday, March 15, 2009
Mavor Pro Tem Alvarez
. Noted that the Valley Little League opening was very enjoyable; noted
that it was gratifying to see all the parents at the opening
. Noted that there are many upcoming events in Santa Ana
. Announced that March is National Women's Month
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COMMENTS
Councilmember Sarmiento
· Thanked staff for working diligently to address the city's budget issues
and noted that he was encouraged that the SEIU union representives
stated their intention to work with the city in resolving the budgetary
crisis
· Noted that he was chairing a fundraising campaign for the YMCA to
raise funds for Santa Ana students to attend the Youth in Government
Program in Sacramento
Councilmember Martinez
· Noted that she participated in the annual Dr. Seuss Birthday
celebration by reading to second grade students in Santa Ana and also
noted that youth in the city need assistance
· Announced that Fiesta Marketplace was hosting a showing of "Viva La
Causa", the story of the movement for social justice led by Cesar
Chavez, at the Yost Theatre on April 4th at 6:00 p.m.
Councilmember Bustamante
· Thanked staff for the many hours dedicated to resolving the city's
budget
· Congratulated the Mater Dei boys basketball program on their success
this year
· Reminded residents that the annual Floral Park Home and Garden
Tour will take place on April 25-26, 2009
Mavor Pulido
· Noted that he read to students at Santiago Elementary School
· Reminded the Council and staff that the city needs to track the
stimulus package very closely to ensure that the city receives its share
of funding for needed city programs
~R~M
~ Patricia E. Healy
Clerk of the Council
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