HomeMy WebLinkAbout2011-02-07 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 7, 2011
CLOSED SESSION
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
CLOSED SESSION ITEMS
CITY HALL, 8T" FLOOR, ROOM 831
20 CIVIC CENTER PLAZA
SANTA ANA, CA
5:05 P.M.
COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern (5:24
P.M.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO (5:23 P.M.)
SAL TINAJERO (5:30 P.M.)
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Martha Macias Ochoa v. City of Santa Ana
United States District Court Case No. SACV09-583 CJC (RNBx)
Robert Plumleigh v. City of Santa Ana
United States District Court Case No. SACV10-1332 CJC (RNBx)
CITY COUNCIL MINUTES 1 FEBRUARY 7, 2011
Robert White, James Kane v. City of Santa Ana*
Orange County Superior Court Case No. 30-2010-00437144-CU-WM-CXC
Central Basin Municipal Water District v. Water Replenishment
Real Party In Interest: City of Santa Ana
Los Angeles County Superior Court Case No. BS129817
Friends of the Lacy Historic Neighborhood v. City of Santa Ana, et al
Orange County Superior Court Case No. 30-2010-00388033-CU-WM
City of Santa Ana v. Transamerica Insurance Company
Orange County Superior Court Case No. 30-2009-00118207
1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director,
Kathie Gonzalez
Employee Organizations: Santa Ana Police Officer’s Association
Santa Ana Police Management Association
Santa Ana Service Employees International
Union (SEIU) Full-Time Employees
Santa Ana Service Employees International
Union (SEIU) Part-time Civil Service
1C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney
CLOSED SESSION REPORT - See Item 19A
*The agreement with SNR Denton US, LLP (A-2011-141) was authorized by
Council to assist the Rothans firm regarding the class action lawsuits of
Plumleigh and White et al cases.
ADJOURNED THE CLOSED SESSION MEETING AT 6:10 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 FEBRUARY 7, 2011
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:21 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
Mayor Pulido
Bob Barnett, Police Chaplain
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Scott D. Kutner, Community Development
District Manager, Community Development
Agency
25 YEARS OF SERVICE Richard Ley, Sanitation Inspector II, Public
Works Agency
Linda C. Flores, Traffic Services Specialist,
Police Department
PROCLAMATION presented by MAYOR PULIDO to Julie Lee in recognition of Bowers
Museum's 75th Anniversary.
CITY COUNCIL MINUTES 3 FEBRUARY 7, 2011
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
Alexandra Bolanos in recognition of Northgate Markets' Christmas Toy Give-away.
PROCLAMATION presented by COUNCILMEMBER BENAVIDES to Bobby McDonald
in recognition of Black History Month.
CITY TILE presented by COUNCILMEMBER BENAVIDES to Julie Stroud for her
service on the Board of Parks and Recreation.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to
Julie Melcher for organizing the WestEnd COP Children's Christmas Party.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Mario Guerrero for his service on the Youth Commission.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Adam Hurtado for his successful fight against obesity and for seeking a healthier
lifestyle.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Alfred Mata for the Healthy Eating Active Living (HEAL) campaign.
CLOSED SESSION REPORT - Nothing to report.
PUBLIC COMMENT
• Robert Nothoff, Policy Analyst with Orange County Community Organized for
Responsible Development, presented study called "The Rubber Stamp Process:
Broken Governance in Planning and Development and How Communities Can
Regain a Voice"; discussed content of report.
• Bradley Torgan - representing the Silverstein Law Firm regarding the San Lorenzo
Lift Station; opposed to the project as proposed.
*Councilmember Martinez requested continuance of item for two weeks;
Councilmembers Tinajero and Martinez to meet with staff to further discuss.
AGENDA ITEM TAKEN OUT OF ORDER (ITEM 5513)
55B RESOLUTION CERTIFYING ENVIRONMENTAL IMPACT REPORT FOR
SAN LORENZO SEWER LIFT STATION AND APPROVAL OF PROJECT
- Public Works Agency
MOTION: At the request of staff, continue consideration of matter to
the February 22, 2011 City Council Meeting.
MOTION: Martinez SECOND: Alvarez
CITY COUNCIL MINUTES 4 FEBRUARY 7, 2011
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC COMMENTS (Cont.)
• Claudia Arellanes - owner of Mega Furniture on 4th Street for past 23 years;
opposed to PBID and additional taxes imposed onto businesses; businesses should
be financially cautious to succeed.
• Fina Chaves - urge Council to disestablish PBID.
• Art Lomeli - represents the group that supports dissolving PBID; group has
submitted petitions to dissolve tax assessment district.
• Ralph Allen - opposed to PBID; five-year tax assessment that should be eliminated.
• Irma Jauregui - spoke in support of Item 20A; parks desirable, increase property
value, and quality of life; thanked Council for support.
• Sister Cecilia Duran - supports Item 20A to improve the quality of life for the children
in our community.
• Jose Rea - spoke in support of Items 20A and 2013; would like to have drinking
fountain, drought tolerant vegetation/community garden, and resting area along bike
trail.
AGENDA ITEMS TAKEN OUT OF ORDER (ITEMS 20A AND 20B)
20A REIMBURSEMENT AGREEMENT FOR LAND CONVERSION
REQUIREMENT BY THE NATIONAL PARK SERVICE - Parks,
Recreation & Community Services Agency
Councilmember Sarmiento noted that Saint Anne's Church in support of
the project.
MOTION:
1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute a reimbursement
agreement.
AGMT NO. 2011-026 - With Rancho Santiago Community College
District in an amount not to exceed $300,000 to transfer the deed
restriction to a new park site at McFadden/Orange (1.4 acres).
CITY COUNCIL MINUTES 5 FEBRUARY 7, 2011
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2011-133 - Recognizing
$300,000 in the Park Acquisition and Development revenue account
and appropriate same to the Park Acquisition and Development
expenditure account.
MOTION: Benavides
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
20B TRANSPORTATION ENHANCEMENT FUNDING FOR THE MAPLE
STREET BIKE TRAIL LANDSCAPING PROJECT - Public Works Agency
and Parks, Recreation & Community Services Agency
MOTION:
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. 2011-027 - With Orange County Transportation Authority, to
provide Transportation Enhancement funding up to an amount not to
exceed $285,750.
2. Approve appropriation adjustments. (Requires five affirmative
votes)
• APPROPRIATION ADJUSTMENT NO. 2011-119 - Accepting funds
in the amount of $285,750 into the Select Street Construction
Revenue Fund for Federal Grants and appropriating $285,750 to the
Select Street Construction Expense Fund for Improvements Other
Than Buildings.
• APPROPRIATION ADJUSTMENT NO. 2011-118 - Accepting funds
in an amount of $95,250 into the Residential Development District 3
Revenue Fund and appropriating $95,250 to the Select Acquisition
and Development Fund for Improvements Other Than Buildings for
the 25 percent matching requirement for the project.
CITY COUNCIL MINUTES 6 FEBRUARY 7, 2011
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC COMMENT (Cont.)
• Carl Beninger - thanked Council for support of Comlink; spoke on behalf of Mid-
City Neighborhood Association who would like to have the contractor address
cracked pavement.
• Rene Guzman - representing Mid-City Neighborhood, urge contractor to fix
streets.
* Councilmember Bustamante indicated that contractor has committed to fixing
the streets at Mid-City Neighborhood.
• Tom Jackson - updated Council on progress to disestablish PBID; noted that tax
has no direct benefit to his business; requested response to letter mailed to City
on January 27, 2011 calling for dissolution of PBID.
* Mayor Pulido indicated that he and Councilmember Sarmiento have property
within the PBID, can take oral comments, but can't comment or vote.
Councilmember Martinez said that Council may take comments, but Brown Act
prohibits any action. Mayor Pro Tem Alvarez indicated that City Attorney's
Office would have answer on validity of petitions sent to all interested parties by
February 17tH
• Herb Rose (presented and read comments into the record by Art Lomeli) -
disestablish PBID and refund monies collected; opined that taxes reduce chance
for prospective business buyers in the area.
• Sam Romero - support dissolution of PBID; suggest that metered parking in
downtown should be charged until 2 a.m.; and City should explore possibility of
relocating carousel to French/4th Streets.
AGENDA ITEM TAKEN OUT OF ORDER (ITEM 19H)
19H DONATION OF MERRY-GO-ROUND - Community Development Agency
Mayor Pro Tem Alvarez requested staff consider fixing if possible, have a
contest to paint and beautify the horses. Mayor Pulido added that City
may possibly request RFP's to have an operator.
MOTION: Authorize the acceptance of the donation of a merry-go-
round to the City of Santa Ana from the Fiesta Marketplace Partners.
CITY COUNCIL MINUTES 7 FEBRUARY 7, 2011
MOTION: Alvarez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
PUBLIC COMMENT (Cont.)
• Joaquin Avalos - urged Council to not support the contracting out of graffiti
services.
• Nina Jun - urged Council to dissolve PBID
• Kim McPeck - urged Council to make a decision on Item 25C (Graffiti).
• Steve McGuigan - spoke on Item 20A; supports park, but not multiple level
building by Rancho Santiago Community College District; asked staff to meet
with neighborhood before final decision made.
• Thomas Gordon - spoke on Item 25C; believe City not enforcing Graffiti
ordinance approved 2 years ago; not support contracting service.
AGENDA ITEM TAKEN OUT OF ORDER (ITEM 25C)
25C GRAFFITI REMOVAL SERVICES Public Works Agency
Continued from the December 20, 2010 City Council meeting by a vote of
6-0 (Sarmiento absent), from the January 4, 2011 City Council meeting by
a vote of 7-0, and from the January 18, 2011 City Council meeting by a
vote of 6-0 (Bustamante absent).
Council discussion ensued. Councilmember Benavides noted that
contract will include abatement of graffiti at parks and all City buildings;
provided Amended Motion (as noted below). Councilmember Tinajero in
support of current program. Councilmember Bustamante supports
contracting out of service because of color matching, cost efficiency, and 2
story abatement of graffiti. Mayor Pro Tern Alvarez asked Police Chief
Walters to answer questions posed by some members of the public.
Council thanked City crew currently working on graffiti abatement
program. Graffiti tracking software to be equal or better than current
system.
Councilmember Martinez directed City Manager to develop Local Hire
Policy.
CITY COUNCIL MINUTES 8 FEBRUARY 7, 2011
Mayor Pulido called for the question on Substitute Motion as proposed by
Councilmember Sarmiento. ,
SUBSTITUTE MOTION: Maintain graffiti removal service program
status quo.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Martinez, Sarmiento, Tinajero (3)
NOES: Alvarez, Benavides, Bustamante, Pulido (4)
ABSTAIN: None (0)
ABSENT: None (0)
Motion failed. Mayor Pulido called for the question on original Amended
Motion as proposed by Councilmember Benavides.
AMENDED MOTION:
1. Authorize the City Manager and Clerk of the Council to execute
the following agreement, subject to non-substantive changes
approved by the City Manager and City Attorney and/or actions as
noted on the Request for Council Action report.
AGMT NO. 2011-028 With Graffiti Protective Coatings, Inc. in an
amount not to exceed $600,000 with an option to extend the
agreement for four additional one-year renewals
2. Vendor to make every effort to hire local workers (i.e. Santa Ana
residents). Vendor to make a priority to recruit within the City and
to give priority to qualified Santa Ana residents.
3. Vendor to use Santa Ana-based businesses to purchase paint and
equipment.
4. Vendor to locate their operation to service the Santa Ana contract
out of a location within the City of Santa Ana.
MOTION: Benavides SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido (4)
NOES: Martinez, Sarmiento, Tinajero (3)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 9 FEBRUARY 7, 2011
ABSENT: None (0)
CONSENT CALENDAR
MOTION: Approve Consent Calendar Items 10A through 31A with the
following modifications:
• Mayor Pro Tern Alvarez voted "No" on Item 19C;
• Councilmember Bustamante pulled item 25E for separate discussion; and
• Councilmember Martinez pulled item 19G for separate discussion.
MOTION: Alvarez SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS
MINUTES
10A REGULAR MEETING MINUTES OF JANUARY 18, 2011 - Clerk of the
Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A COUNCIL COMMITTEE REPORTS
MOTION: Receive and file Public Safety Committee Minutes of
September 28, 2010.
13B REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD
MEMBERS - Community Development Agency
CITY COUNCIL MINUTES 10 FEBRUARY 7, 2011
MOTION: Reappoint Brent Beasley, Maryann Conway, Patrick
Korthuis, Donna Lin, Georgina Maldonado, Lee McMurtray, Maryam
Nazeri, Robert Ruiz, Robert Tucker, and Andy Wadhera to the Santa
Ana Workforce Investment Board for four-year terms expiring March
31, 2015.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - None
19B EXCUSED ABSENCES - None
19C DESTRUCTION OF OBSOLETE CITY RECORDS (City Manager's Office,
Community Development Agency, and Personnel Services) - Clerk of the
Council Office
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.
*Mayor Pro Tern Alvarez voted "No" on item 19C.
19D QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31,
2010 - Finance & Management Services
MOTION: Receive and file.
19E QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY
MANAGER - Finance & Management Services
MOTION: Receive and file the Quarterly Report of Contracts entered
into between July 1, 2010 and September 30, 2010 valued at $25,000
and less.
19F REQUEST FOR PROPOSALS - ENVIRONMENTAL SERVICES FOR
ATHLETIC FIELD IMPROVEMENTS AT WILLARD INTERMEDIATE
SCHOOL - Planning and Building Agency
MOTION: Authorize a Request for Proposals to qualified consulting
firms to provide environmental services for proposed athletic field
improvements at Willard Intermediate School.
CITY COUNCIL MINUTES 11 FEBRUARY 7, 2011
19G REQUEST FOR PROPOSALS - DOWNTOWN PARKING OPERATION
AND UTILIZATION STUDY - Community Development Agency
Council expressed support of item and will address safety and
jurisdictional issues.
MOTION: Authorize the Community Development Agency to send a
Request for Proposals to qualified consulting firms to provide a
Downtown parking operation and utilization study.
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
19H ITEM TAKEN OUT OF ORDER
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A ITEM TAKEN OUT OF ORDER
20B ITEM TAKEN OUT OF ORDER
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A SPEC. NO. 11-001 - COMMVAULT PREMIER MAINTENANCE
RENEWAL - Finance & Management Services
MOTION: Award a contract to NTH Generation Computing, Inc. in an
amount not to exceed $31,600.
CITY COUNCIL MINUTES 12 FEBRUARY 7, 2011
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 and/or
actions as noted on the Request for Council Action report. (Items
25A through 25D)
25A AGMT NO. 2011-029 - STEAM CLEANING SERVICES - With TSCM
Corporation for a one-year period, in an amount not to exceed $45,000 -
Community Development Agency
25B AGMT NO. 2011-030 - INMATE FOOD SERVICES - Execute an
amendment with Aramark Correctional Services, Inc. in an amount not to
exceed $1,443,160 for a one-year term - Police Department
25C ITEM TAKEN OUT OF ORDER
25D AGMT NOS. 2011-031 AND 032 - REHABILITATION OF WATER WELLS
- With Orange County Pump Company and Bakersfield Well Pump
Company in an annual aggregate amount not to exceed $300,000 - Public
Works Agency
25E MEMORANDUM OF UNDERSTANDING (MOU)
Councilmember Bustamante requested clarification of agreement from
Executive Director of Personnel Services
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 and/or
actions as noted on the Request for Council Action report.
AGMT NO. 2011-033 - With the Service Employees International Union
(SEIU) representing part-time, non-civil service employees for a three-year
period covering July 1, 2010 through June 30, 2013 - Personnel Services
Agency
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 13 FEBRUARY 7, 2011
ABSTAIN: None (0)
ABSENT: None (0)
LAND USE MATTERS
CONDITIONAL USE PERMITIVARIANCES
31A CONDITIONAL USE PERMIT NO. 2010-24 AND VARIANCE NO. 2010-
04 TO ALLOW THE CONSTRUCTION OF A NEW CHURCH WITH A
BELL TOWER THAT EXCEEDS THE ALLOWABLE HEIGHT LOCATED
IN THE SINGLE FAMILY RESIDENTIAL (R1) ZONING DISTRICT - 5321
WEST MCFADDEN AVENUE - FILED BY FOR CALVARY LUTHERAN
CHURCH - Planning and Building Agency
Recommended action approved by the Planning Commission on January
24, 2011, by a vote of 7-0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2010-24 as conditioned and Variance No. 2010-04 as
conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
RESOLUTIONS
55A LEAGUE OF CALIFORNIA CITIES HEALTHY EATING, ACTIVE LIVING
CITY - City Manager's Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-003 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO
ADOPT A POLICY ON HEALTHY EATING AND ACTIVE LIVING
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 14 FEBRUARY 7, 2011
ABSTAIN: None (0)
ABSENT: None (0)
55B ITEM TAKEN OUT OF ORDER
55C RESOLUTION SUPPORTING CITY'S APPLICATION FOR 2010/2011
CAL FIRE URBAN FORESTRY PROGRAM GRANTS - Public Works
Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2011-004 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE URBAN FORESTRY GRANT PROGRAM
ENTITLED "AN URBAN FOREST FOR EVERY CITY", AS PROVIDED
THROUGH PROPOSITIONS 40 AND 84
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75A PUBLIC HEARING - AMENDMENT APPLICATION NO. 2010-01 AND
CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A RESIDENTIAL
CARE FACILITY FOR THE ELDERLY AND CHANGE THE ZONING FOR
A PORTION OF THE LOT FROM SINGLE FAMILY RESIDENTIAL (R1)
AND MULTIPLE FAMILY RESIDENTIAL (R3) TO GENERAL
COMMERCIAL (C2) ZONING - 1600 EAST FIRST STREET; FILED BY
NABILE ANZ OF AZURE PLAZA PARTNERS, LLC - Planning and
Building Agency
CITY COUNCIL MINUTES 15 FEBRUARY 7, 2011
Continued from the October 4, 2010 City Council meeting by a vote of 7-0
and from the December 6, 2010 City Council meeting by a vote of 5-0
(Martinez and Pulido absent).
Recommended Action approved by the Planning Commission on
September 13, 2010, by a 7-0 vote.
Legal Notice published in the O.C. Reporter and notices mailed out on
September 24, 2010 and November 19, 2010.
MOTION: Continue consideration of matter to the February 22, 2011
City Council Meeting.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2010-03
TO REQUEST AN AMENDMENT TO CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE (SAMC) IN ORDER TO ESTABLISH A PROCESS
WHEREBY PERSONS WITH DISABILITIES MAY REQUEST
DEVIATIONS FROM THE CITY'S DEVELOPMENT STANDARDS IN
ORDER TO ENSURE THAT THEY MAY HAVE EQUAL OPPORTUNITY
TO USE AND ENJOY A DWELLING; FILED BY THE CITY OF SANTA
ANA - Planning and Building Agency
Recommended Action approved by the Planning Commission on January
24, 2011 by a 7-0 vote.
Legal Notice published in the O.C. Reporter on January 28, 2011.
Staff Report presented by Jay Trevino, Executive Director of Planning and
Building Agency.
The Mayor opened the Public Hearing at 9:14 p.m. Christie Rudder
representing Dayle McIntosh Center spoke in support of action. The
Hearing closed with no other members of the public speaking on the
matter.
CITY COUNCIL MINUTES 16 FEBRUARY 7, 2011
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS-2813 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE ADDING A PROCEDURE FOR
PEOPLE WITH DISABILITIES TO REQUEST REASONABLE
ACCOMMODATIONS TO ENSURE EQUAL ACCESS TO HOUSING
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75C PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING
COLLECTION OF DEVELOPMENT IMPACT FEES - Planning and
Building Agency
Legal Notice published in the O.C. Reporter on January 21, 2011.
Staff Report presented by Jay Trevino, Executive Director of Planning and
Building Agency.
The Mayor opened the Public Hearing at 9:17 p.m. There were no
speakers and the Hearing closed.
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS-2814 - 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
MOTION: Alvarez SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES 17 FEBRUARY 7, 2011
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
THE CITY COUNCIL RECESSED AT 9:25 P.M. TO THE COMMUNITY
REDEVELOPMENT COMMISSION, FOLLOWED BY THE HOUSING AUTHORITY
MEETING AND RECONVENED AT 9:27 P.M. WITH SAME MEMBERS PRESENT.
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
• Thanked all who attended and spoke at tonight's Council Meeting;
• State uncertain with budget, redevelopment funds;
• Congratulated Executive Director of Parks and Recreation on
Flower Street Bike Trail grant; and
• Wished wife a Happy Valentine's Day.
Councilmember Martinez:
• Happy Valentine's Day to all
• Wished retiring Deputy City Manager for Development Services
Cindy Nelson well wishes and thanked her for her service to the
City;
• Invited all to attend the "Nets for Life" event at Adams Park on
Sunday, February 12th at 10 a.m.
• Invited all to attend the ArtWalk event to be held over the weekend;
• Need to increase shopping in the Downtown area when hosting
special events; and
• Thanked colleagues for working together for the betterment of the
community.
Councilmember Bustamante:
• Congratulated Cindy Nelson on her retirement; and
• Wished all a Happy Valentine's Day.
Councilmember Tinajero:
CITY COUNCIL MINUTES 18 FEBRUARY 7, 2011
• Baseball having opening ceremonies in the coming weeks -
offering scholarships and payment plans for families;
• Happy Valentine's Day; and
• Congratulated wife, Jennifer Tinajero, who received the George
Hoag Award by her employer Hoag Hospital.
Councilmember Benavides:
• Echoed comments and well wishes for Cindy Nelson, Deputy City
Manager for Development Services;
• Streets in Mid-City area need to be repaired by contractor
• Asked staff to expedite the report on the PBID.
Mayor Pro Tern Alvarez:
• Attended ArtWalk in Downtown over the weekend; impressed with
new Lofts that have already sold 3 units in the undeveloped phase;
thanked Downtown Inc. for efforts;
• Attended Chinese New Year celebrated at Tet Festival; holiday
offers opportunity for renewed new year's resolutions;
• February will be celebrating Black History Month;
• Encouraged all to learn about our history during the month of
February - U.S. President Ronald Reagan celebrating 100th
birthday; and
• Wished all a Happy Valentine's Day.
Mayor Pulido:
• Attended festivities at Tet Festival; Santa Ana has a large
Vietnamese community;
• Wished all a Happy Valentine's Day; and
• Adjourned in Memory of Gregg Wiles.
ADJOURNMENT - 9:45 P.M. - The next meeting of the City Council is scheduled for
Tuesday, February 22, 2011 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting in the Police Community Room, 60 Civic Center Plaza,
Santa Ana, California.
In Memory of
Gregg Richard Wiles
Maria D. Hui zar,
Clerk of the Council
CITY COUNCIL MINUTES 19 FEBRUARY 7, 2011