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Home My WebLink About2009-03-16 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA MARCH 16, 2009 CALLED TO ORDER Police Chief's Conference Room 60 Civic Center Plaza, 4th Floor Santa Ana, CA 5:21 p.m. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:24 p.m.) CLAUDIA ALVAREZ, Mayor Pro Tem CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO (5:24 p.m.) SAL TINAJERO ATTENDANCE ABSENT: P. DAVID BENAVIDES STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA HEALY, Clerk of the Council CLOSED SESSION Adjourned to the Police Community Room 60 Civic Center Plaza Santa Ana, CA 6:04 P.M. REGULAR MEETING 6:14 P.M. PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT The City Attorney reported on the item related to Overn v. City of Santa Ana - See Item 19.A for report. 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 agenda and also for non-agenda items within the jurisdiction of the City Council CITY COUNCIL MINUTES 71 MARCH 16,2009 Jason Meyarson raised concerns relative to bail bondsmen soliciting at the jail; Rick Nedemayer asked the Council not to restrict the ability of non profit organizations to raise funds by selling fireworks in the City during the July 4th holidays. Mayor Pulido announced the following modifications to the consent Calendar . Addition of Closed Session Report, Item 19A . Excuse the absence of Councilmember Benavides . Mayor Pulido pulled Item 25A for separate discussion CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (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 10A and 10B) 10A Special and Regular Closed Meeting Minutes of March 2, 2009 10B Regular Meeting of March 2, 2009 ORDINANCES/SECOND READING CITY COUNCIL MINUTES 72 MARCH 16, 2009 CONSENT CALENDAR 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 ZONING ORDINANCE AMENDMENT NO. 2008-01 AND ORDINANCE AMENDMENT 2008-02 TO REGULATE MASSAGE ESTABLISHMENTS Placed on first reading at the March 2, 2009 City Council meeting and approved by a vote of 7-0 Published in the O.C. Reporter on March 6, 2009 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2779 - 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 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Motion: Approve settlement: Overn v. City of Santa Ana WCAB Case Nos. 05-3384, 04-2911, Stipulated Disability, $14,030 and provisions for future medical care. 19B EXCUSED ABSENCES Motion: Excuse the absence of Councilmember Benavides from the March 16,2009 City Council meeting. BUDGETARY MATTERS PROJECTS MAINTENANCE. REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES CITY COUNCIL MINUTES 73 MARCH 16,2009 CONSENT CALENDAR 23A CONTRACT AWARD FOR LOCAL STREET REHABILITATION - PROJECT RESTORE, PHASE V (PROJECT NO. 09-1748-C) Motion: 1. Award a contract to Alliance Street Works, Inc., the lowest responsible bidder, in accordance with unit bid prices and add-on alternate one in the estimated amount of $2,986,700 for construction of Local Street Rehabilitation - Project Restore Phase V. 2. Approve a Funding Analysis with a total estimated construction cost of $3,583,100 AGREEMENTS 25A AGMT - WIRELESS COMMUNICATION CONSULTING SERVICES - Execute an amended and restated agreement with ATS Communications for a two-year term on a commission basis - City Manager's Office Continued from the March 2, 2009 City Council Meeting by a vote of 7 -0. Motion: Table the matter. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) **END OF CONSENT CALENDAR** PUBLIC HEARINGS 75A PUBLIC HEARING - CONSTRUCTION OF THE CITY PLACE SKY LOFTS RESIDENTIAL TOWER DEVELOPMENT LOCATED AT 301 EAST JEANETTE LANE CITY COUNCIL MINUTES 74 MARCH 16,2009 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). Continued from the March 2, 2009 City Council Meeting by a vote of 7 -0. Motion: Continue the matter two weeks. (April 6, 2009 City Council Meeting) MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) 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. Continued from the March 2, 2009 City Council Meeting by a vote of 7-0. CITY COUNCIL MINUTES 75 MARCH 16, 2009 PUBLIC HEARINGS Staff presentation by Jay Trevino, Executive Director of the Planning and Building Agency. Written correspondence received from the Greater Santa Ana Business Alliance in opposition to the fee increases, and from the Orange County Chapter of the Building Industry Association stating appreciation of the City of Santa Ana's approach to the Development User Fee program Speakers: None Motion: 1. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending sections 30-6 and 30-8 of the Santa Ana Municipal Code authorizing imposition of fees for an applicant seeking approval for a major exterior modification to a historic structure 2. Adopt a resolution. RESOLUTION NO. 2009-018 - A resolution of the City Council of the City of Santa Ana modifying fees for processing of applications for development approval and repealing in part Resolution No. 2008-041 MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) Mayor Pulido left the meeting at 6:37 p.m.; Mayor Pro Tem Alvarez assumed the Chair WORK STUDY SESSION WSA UPDATE ON RESIDENTIAL STREET RECONSTRUCTION - PUBLIC WORKS AGENCY 76 MARCH 16,2009 CITY COUNCIL MINUTES WORK STUDY Jim Ross, Executive Director, Public Works Agency presented an update on residential street reconstruction work in the City. Highlights of this presentation are as follows: · Streets that need the least amount of work are done first; streets requiring major rehabilitation are last · Sustainable alternatives to conventional maintenance treatments are used to optimize the use of on site natural resources and reduce energy consumption · The City has invested $100 million to repave 100 miles of streets · Cold In-place Recycling (CIR) costs 30-40% less than the conventional reconstruction, recycles existing materials in place, and reduces effective pavement design thickness · Slurry seal used only in neighborhoods where significant improvements were made in last 10 years · Consider only the critical concrete streets and postpone repair to industrial and concrete streets . Accomplishments: o Slurry Seal: will complete 56 miles by end of 2009 o Thin Overlay: completed 64 miles in 15 months (94% more than original estimate) o Pavement Recycling: 90 miles to be completed in 24 months o Reconstruction: 40 miles to be completed in 24 months · The original estimate for the five year $100 million plan was to repave 100 miles of residential streets · The current estimate is that 250 miles of streets will be repaved which is 100% of the City's residential asphalt streets · The five year plan is estimated to be complete nine months ahead of schedule Council discussion ensued. Mayor Pro Tem Alvarez asked staff to notify residents of the accelerated schedule for street repair. Councilmember Sarmiento asked staff to notify residents concerning the estimated completion date for the work being done on Bristol Street. Councilmember Martinez asked staff to place relevant data concerning the status of the street reconstruction work on the City's Web page. CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS CITY COUNCIL MINUTES 77 MARCH 16, 2009 COMMENTS Council member Martinez . Commended the organization entitled "Working Wardrobes" for the event they held in March to help young students in the Garden Grove Unified School District select the perfect prom dress complete with shoes, purse and accessories Councilmember Sarmiento . Announced that President Obama would be visiting The Orange County Fairgrounds for a Town Hall meeting this Wednesday. Mavor Pro Tem Alvarez . Noted that the Santa Ana Police Department was represented by two teams in the annual Baker to Las Vegas Relays Race; the gold team came in fifth place overall . Asked the Council to adjourn in memory of Eduardo Benavides, father of Council member David Benavides. She noted that Eduardo was born December 22, 1929 in Pachuca, Hidalgo, Mexico and was the oldest of three brothers and three sisters. In the early 1950's he came to Los Angeles, California and with the help of friends he gained residency in the United States. He was a great role model to his seven children, his grandchildren and all who got to know him. He gave everything he had for his friends and family and he will never be forgotten by all who had the pleasure of knowing him. ADJOURNMENT - 7:08 p.m. ~~ L L Oflfl. ;iJln Memory of Eduardo Benavides .fQ, Patricia Healy ~ Clerk of the Council 78 MARCH 16, 2009 CITY COUNCIL MINUTES