HomeMy WebLinkAbout10A - CITY COUNCIL MINUTES-08-16-2010MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
AUGUST 16, 2010
CLOSED SESSION MEETING
CALLED TO ORDER YOST THEATER
307 N. SPURGEON STREET
SANTA ANA, CA
5:06 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES (5:15 p.m.)
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
ABSENT:
NONE
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
CLOSED SESSION ITEMS
1A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
Agency Negotiators: Personnel Services Executive Director, Kathie
Gonzalez
Employee Organizations: Service Employees International Union (SEIU)
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
Santa Ana Police Management Association
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Santa Ana Fire Management Association
Confidential Association of Santa Ana
1B
1C
1D
PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code
Section 54957
Fire Chief
PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to
Government Code Section 54957
Title: City Attorney
PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to
Government Code Section 54957
Title: Clerk of the Council
ADJOURNED
5:40 P.M.
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REGULAR CITY COUNCIL MEETING
CALLED TO ORDER
ATTENDANCE
YOST THEATER
307 N. SPURGEON STREET
SANTA ANA, CA
5:50 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
CARLOS BUSTAMANTE
P. DAVID BENAVIDES
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
ABSENT:
NONE
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE Mayor Pulido
CLOSED SESSION REPORT - See Agenda Item 19A for report.
PUBLIC COMMENTS
• Chris Prevatt, commented on public speaker matter from August 2, 2001 meeting;
opined that public speaker restricted due to comments being critical of council; should
allow public to speak and be heard.
• Claudio Gallegos, not supportive of Item 13C; opined that Mayor Pro Tern and Mayor
have changed support of former commissioner who is known Minuteman; support
freedom of speech.
• Christine Schaefer, representing Alzheimer's Association, provided overview of
services and upcoming fundraising events.
• William Fitzgerald, spokesperson for HOME (Home Owners Maintaining our
Environment), opposed to abuse of taxation and 1St Amendment right violations.
• Jeff Dickman, requested Item 13C on Consent Calendar be pulled for discussion and
council to reconsider recommended action.
• Francisco Barragan, perceived violation of free speech of Mr. Albert Castillo at the
August 2, 2010 meeting; requested mediated measures.
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• George Collins, believed that only routine items were to be considered at Work Study
Session meetings. (Mayor Pulido noted that meetings are now televised and any item
may be considered by the Council.)
• Sean Mills, supports Item 13C.
• Tefere Gebre, thanked council for support of Item 55B.
• Mauricio Cardenaz, presented soccer proposal for kids.
• Alex Vega, (addressed the Council in Spanish) spoke on past personal experiences
with personal attacks and other violations.
• Art Pedroza, supports Item 13C; continued enforcement of City's Code of Conduct
and Ethics; and requested Student Representative on Board of Parks and Recreation
have voting rights.
• Rob Cook, requested clarification of Measure D - Council term limits.
• Ruben Alvarez, did not speak, but raised papers that read "I have the right to be
heard. You cannot censor me."
Mayor Pro Tern Alvarez motioned to allow Mr. Castillo to finish his comments from the
August 2, 2010 meeting.
Council discussion ensued. Councilmember Benavides apologized to Mr. Albert Castillo.
Councilmember Sarmiento noted that Public Comments are broadly protected speech
and may be regulated since it's a limited public forum; must limit comments to official
business of the City; and the Request to Speak form has been revised to better address
these issues.
MOTION: Allow Mr. Albert Castillo the microphone to finish his public comments
from the August 2, 2010 Council meeting.
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Mr. Castillo did not address the Council.
CONSENT CALENDAR
MOTION: Approve staff recommendations with the following modifications
on the Consent Calendar Items 10A through 31A:
• Mayor Pro Tern Alvarez pulled item 23B for separate discussion.
• Continue consideration of item 23C to September 7, 2010.
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• Councilmember Benavides pulled item 13C for separate discussion.
MOTION: Martinez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
MINUTES
10A
10B
SECOND: Tinajero
Alvarez, Benavides, Bustamante, Pulido, Martinez
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
MINUTES OF REGULAR MEETING OF JULY 19, 2010 - Clerk of the
Council Office
MOTION: Approve Minutes as corrected.
MINUTES OF REGULAR MEETING OF AUGUST 2, 2010 - Clerk of the
Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A APPOINTMENT TO THE ORANGE COUNTY-CITY HAZARDOUS
MATERIALS EMERGENCY RESPONSE AUTHORITY BOARD OF
DIRECTORS - Santa Ana Fire Department
MOTION: Appoint Hazardous Materials Disclosure Inspector, Chris
Ciraulo, as Santa Ana's Alternative Board Member to the Orange
County-City Hazardous Materials Emergency Response Authority
(OCCHMERA) Board of Directors.
13B COUNCIL COMMITTEE REPORTS
Committee Name Date
Parks, Recreation, Education & Youth 04/03/2008
Parks, Recreation, Education & Youth 11/10/2009
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Public Safety 07/27/2010
13C
REMOVAL OF WARD 2 COMMISSION MEMBER FROM THE BOARD OF
RECREATION AND PARKS
Pursuant to Santa Ana Charter Section 901, a board or commission
member may be removed by the City Council by the affirmative votes of a
majority of the Council.
Council discussion ensued. Noted that board/commission members serve
at the pleasure of the City Council and may be removed by a majority vote.
MOTION: Remove the Ward 2 representative from the Board of
Recreation and Parks.
MOTION: Martinez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Alvarez, Bustamante,
Sarmiento, Tinajero (6)
Pulido, Martinez
Benavides (1)
None (0)
None (0)
MISCELLANEOUS ADMINISTRATION
19A
19B
19C
CLOSED SESSION REPORT - City Attorney's Office
MOTION: Confirm appointment of Fire Chief Dave Thomas.
EXCUSED ABSENCES - None
REQUEST FOR PROPOSALS FOR FIRE HYDRANT MAINTENANCE
SERVICES - Public Works Agency
MOTION: Authorize the Public Works Agency to send the attached
Request for Proposals to qualified firms to provide maintenance
services for the City's public fire hydrants
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19D RESPONSE TO ORANGE COUNTY GRAND JURY REPORT - City
Manager's Office
MOTION: Authorize the Mayor to execute a letter responding to the
Grand Jury Report "Santa Ana Street Car Project."
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT - ENVIRONMENTAL REVIEW FOR
FIRST STREET BRIDGE REPLACEMENT PROJECT - Public Works
Agency
MOTION:
1. Approve and adopt the Mitigated Negative Declaration
Environmental Report No. 2010-108 for the replacement of the First
Street Bridge over the Santa Ana River.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2011-036 - Accepting funds in the
amount of $9,147,083 from the California Department of Transportation
into the Federal Highway Bridge Replacement Program Fund and
appropriating funds to the Select Street Construction Fund.
PROJECTS / CHANGE ORDERS
23A CONTRACT AWARD FOR RIVERVIEW NEIGHBORHOOD WATER MAIN
IMPROVEMENTS (PROJECT NO. 093214) - Public Works Agency
MOTION:
1. Award a contract to J. Desigio Construction, Inc., the lowest
responsible bidder, in accordance with unit bid prices for the base
bid in the estimated amount of $1,598,092 for construction of
Riverview Neighborhood Water Main Improvements.
2. Approve a Funding Analysis with a total estimated construction
cost of $1,997,500.
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23B
CONTRACT AWARD FOR SR55/MACARTHUR BOULEVARD RAMPS
WIDENING (PROJECT NO. 072503) - Public Works Agency
Continued from the August 2, 2010 City Council meeting by a vote of 7-0.
Item pulled 2 weeks ago; Mayor Pro Tem Alvarez requested staff continue
to work with Santa Ana based businesses.
MOTION:
1. Award a contract to Peterson-Chase General Engineering
Construction, Inc., the lowest responsible bidder, in accordance
with unit bid prices in the estimated amount of $1,126,850.64 for
construction of SR-55/MacArthur Boulevard Ramps Widening.
2. Approve a Funding Analysis with a total estimated construction
cost of $1,577,000.
3. AGMT NO. 2010-136- Direct the City Manager and Clerk of the
Council to execute the attached Construction Cooperative
Agreement with Caltrans for the State Route 55/MacArthur
Boulevard Ramps widening project.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido,
Martinez Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
23C
REJECTION OF BIDS FOR RESIDENTIAL STREET REPAIR PHASE 14
(PROJECT NO. 106730) - Public Works Agency
MOTION: Continue consideration of matter to September 7, 2010.
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. (Item 25A
through 25C)
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25A AGMT NO. 2010-155 - COMPREHENSIVE PHYSICAL EVALUATIONS
AND HEALTH SCREENING - Execute an amendment with Pulmonary
Consultants and Primary Care Physicians Medical Group, Inc., in an
amount not to exceed $30,000 - Fire and Police Departments
25B AGMT NO. 2010-156 - DOWNTOWN SANTA ANA COMMUNITY
MANAGEMENT DISTRICT AND BUSINESS IMPROVEMENT DISTRICT
ANNUAL REPORTS AND AGREEMENT WITH DOWNTOWN INC. -
Community Development Agency
1. Approve the 2010 Downtown Santa Ana Community Management
District annual report.
2. Approve the 2010 Downtown Santa Ana Business Improvement
District annual report.
3. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement with Downtown
Inc., a non-profit corporation, in the amount of $1,294.37 to expend
the remaining funds towards the "Clean and Safe" Program
benefitting the BID area.
25C AGMT NO. 2010-157 - NEWPORT WATERSHED COOPERATIVE
AGREEMENT - Execute an amendment to the cooperative agreement with
the County of Orange to extend the term of the agreement to June 30,
2012 and authorize an annual payment amount of not to exceed $400,000 -
Public Works Agency
LAND USE MATTERS
CONDITIONAL USE PERMIT/ VARIANCES
31A VARIANCE NO. 2010-03 TO INSTALL A NEW FREESTANDING SIGN
THAT EXCEEDS THE NUMBER OF SIGNS ALLOWED WITHIN AN
INTEGRATED DEVELOPMENT SITE AT 2130 EAST SEVENTEENTH
STREET - ICI DEVELOPMENT COMPANY, APPLICANT - Planning and
Building Agency
On July 26, 2010, the Planning Commission adopted a resolution approving
Variance No. 2010-03 as conditioned by a vote of 7-0
MOTION: Receive and file the staff report approving Variance No.
2010-03 as conditioned.
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**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
ORDINANCES / FIRST READING
50A ORDINANCE AMENDING CHAPTER 16 OF THE MUNICIPAL CODE
ESTABLISHING STANDARDS FOR RETENTION OF WORKERS -- Public
Works Agency
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS-2807 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADDING SECTIONS 16-40 THROUGH 16-
42 TO ARTICLE II OF CHAPTER 16 OF THE SANTA ANA MUNICIPAL
CODE RELATED TO SOLID WASTE COLLECTION REGULATIONS.
MOTION: Sarmiento
VOTE: AYES:
SECOND: Bustamante
Alvarez, Benavides, Bustamante, Pulido,
Martinez Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
RESOLUTIONS
55A RESOLUTION APPROVING RELOCATION PLAN FOR AGENCY
ACQUISITIONS IN THE STATION DISTRICT - Community Development
Agency
MOTION: Continue consideration of item for 2 weeks at the request
of staff.
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido,
Martinez Sarmiento, Tinajero (7)
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NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B ADOPT RESOLUTIONS AUTHORIZING APPLICATIONS FOR STATE
AND FEDERAL PLANNING AND TRANSPORTATION GRANTS - Planning
& Building Agency
MOTION: Adopt resolutions.
RESOLUTION NO. 2010-040 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE CITY'S GRANT
APPLICATION FOR THE CALIFORNIA PROPOSITION 84
(SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES
PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY
AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION
BOND ACT OF 2006) AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE
THEREOF.
RESOLUTION NO. 2010-041 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING A GRANT APPLICATION
FOR A SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT
UNDER THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE
THEREOF.
MOTION: Benavides SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido,
Martinez Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 6:40
P.M., AND RECONVENED AT 6:41 P.M. WITH SAME MEMBERS PRESENT
WORK STUDY SESSION
WSA DOWNTOWN INC. ANNUAL REPORT - Community Development Agency
Vicky Baxter, Executive Director of Downtown Inc. introduced Bob Steward,
President of Downtown Inc. who presented 2009-2010 Annual Report and
overview of Organization.
o Year 1 Overview and Financials
o Committee established include: Physical Enhancements, Marketing and
Promotions, Outreach and Associations, Economic Enhancements, and
Focused on the Future.
o The Mission of the Downtown Inc. is to facilitate the enhancement of
downtown Santa Ana as a vibrant shopping, entertainment, business
and cultural destination for all.
o Area includes 66 square blocks
o Financials 2009-2010
¦ Maintenance and Landscaping, $220k
¦ Marketing and Promotions, $373k
¦ Ambassador Program, $183k
¦ Physical Enhancements, $49k
¦ Administration and Operations, $125k
o Financials 2010-2011
¦ Maintenance and Landscaping, $231 k
¦ Marketing and Promotions, $393k
¦ Ambassador Program, $184k
¦ Physical Enhancements, $49k
¦ Administration and Operations, $120k
Physical Enhancements Committee Chair, Ryan Chase, presented the
following:
o Clean and Safe
¦ Safety and Security
¦ Litter Maintenance
¦ Power Washing
0 4t" Street Tree Lighting
o Bike Racks
o Trolley as a pilot program
Marking and Promotions Committee Chair, Joe Duffy, presented the
following:
o Brand Promise: Downtown Santa Ana is the eclectic, urban experience
where the independent lives and thrive
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o Brand Voice: Progressive, confident, stimulating, inviting, unexpected
o Website is: www.Downtown-SantaAna.com
o Events hosted include: Dia de los Muertos, Cinco de Mayo, Fiestas
Patrias, International Music Festival, World Cup, Posse on Broadway,
Block Party-Handmade Brigade, Holiday Light Show, Film Series, Calle
Cuatro, Cookies with Santa, and Valentines Celebration.
Outreach and Associations Committee Chair,
the following:
o Hosted mixers in March and May
o Merchants Association
o Restaurant Association
o Hosted "The Ladies of Jewelia"
o "Downtown Divas"
Teresa Saldivar, presented
Economic Enhancements Committee Chair, Gil Marrero, presented the
following:
o New businesses/projections - Yost Theater renovations, new 4,000
square foot restaurant at Broadway and Td Street, improvements on 4th
and Spurgeon
Irving Chase discussed future of Downtown Inc. as well as new businesses
and projections for a safe environment, event permitting, tenant attraction
and parking.
Public speaker Adolfo, suggested downtown merchants revamp business
facades to be consistent with forthcoming improvements at Fiesta
Marketplace.
*Councilmember Tinajero left the meeting at 7:45 p.m.
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Mayor Pro Tern Alvarez:
• Congratulated newly appointed Fire Chief Dave Thomas.
Councilmember Martinez:
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• Commented on the upcoming 1 year anniversary of the passing of her
mentor Mark Press and talked about moving forward even through
difficult times.
Councilmember Benavides:
• Echoed message of Mayor Pro Tern Alvarez and welcomed new Fire
Chief Thomas;
• Will continue to work with staff on transparencies, including
compensation, and post on City's website; and
• Request staff bring back resolution in support of Lou Correa's Assembly
Bill on Taxpayer's Right to Know.
Mayor Pulido:
• Adjourn in Memory of Jenifer Sundara Bravo at the request of
Councilmember Tinajero.
ADJOURNED- 8:17 P.M. - The next meeting of the City Council is scheduled for
Tuesday, September 7, 2010 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Business Meeting in
the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Adjourn in Memory of
Jenifer Sundara Bravo
Maria D. Huizar,
Clerk of the Council
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