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HomeMy WebLinkAbout2007-02-05 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA FEBRUARY 5, 2007 CALLED TO ORDER COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:13 P.M. ATTENDANCE: COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CARLOS BUSTAMANTE, Mayor Pro Tern (6:31 P.M.) CLAUDIA ALVAREZ P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager CATHY STANDIFORD, Assistant City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Roger Aragon, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Connie K. Gee Accountant II, Finance & Management Services Agency PRESENTATIONS Proclamation presented by MAYOR PULIDO to Don Cribb for his contributions to the City of Santa Ana Certificates of Recognition presented by MAYOR PULIDO to the Santa Ana College Wrestling Team and Coach for their State Championship victory CITY COUNCIL MINUTES 39 FEBRUARY 5, 2007 PRESENTATIONS Proclamation presented by COUNCILMEMBER BENAVIDES recognizing Black History Month Certificates of Recognition presented by COUNCILMEMBER MARTINEZ to REI, Acorn Naturalist and Hometown Buffet for their contributions to the Rubber Boot Race OATHS OF OFFICE Administered by the Clerk of the Council to the following: Name Board/Commission Ward Art Pedroza Community Redevelopment! 2 Housing Commission Jeffrey L. Dickman Historic Resources 2 Patricia M. Lenahan Library Board 2 Maria-Isabel Rivera Personnel Board 2 Mike R. Munoz Planning Commission 2 Tish Leon Recreation & Parks Board 2 Mario Guerrero Jr. Youth Commission (Regular) 2 Diana S. Lara Youth Commission (Alternate) 2 Myriam Tinajero Human Relations Commission 4 Luis Rodriguez Community Redevelopment! Housing Commission 6 Sean H. Mill Planning Commission 6 Richard X. Tran Library Board 6 Claudio W. Gallegos Environmental & Transportation Advisory Committee 6 Valerie Amezcua Human Relations 6 Mayor Pulido took the following Joint Community Redevelopment Agency and City Council item out of order: 80.A. PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-04, TO ALLOW A ZONE CHANGE FROM C3-A TO SPECIFIC DEVELOPMENT ZONE NO. 80, CONDITIONAL USE PERMIT NO. 2006-14, SITE PLAN REVIEW NO. 2006-07, AND IMPLEMENTATION AGREEMENT TO ALLOW MIXED USE DEVELOPMENT WITH FIVE CONDOMINIUM . UNITS AND GROUND FLOOR RETAIL LOCATED AT 320 WEST FOURTH STREET Applicant: Urban+West+Strategies CITY COUNCIL MINUTES 40 FEBRUARY 5, 2007 JOINT SESSION CRA I CITY COUNCIL Continued from the October 16, 2006 City Council Meeting by a vote of 6- o (Solorio absent); December 18, 2006 City Council Meeting by a vote of 6-0 Legal notice published in the Orange County Reporter on January 26, 2007 and notices mailed Councilmember Benavides abstained from participation in this matter because in participated in the item as a member of the Planning Commission Motion: Take matter off agenda MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Benavides (1) ABSENT: None (0) CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Council member Benavides abstained on Item 11.C. . Mayor Pro Tem Bustamante voted "no" on Item 11.0. Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) None (0) ABSTAIN: ABSENT: None (0) CITY COUNCIL MINUTES 41 FEBRUARY 5, 2007 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. MINUTES Motion: Approve minutes. (Items 10.A. -10.B.) 10.A. REGULAR MEETING MINUTES OF JANUARY 16, 2007 10.B. ADJOURNED REGULAR MEETING OF JANUARY 16, 2007 ORDINANCES/SECOND READING 11.A. ORDINANCE AMENDING CHAPTER 33 OF THE MUNICIPAL CODE REGULATING NEWSBOXES Placed on first reading at the January 16, 2007 City Council meeting and approved by a vote of 7-0 Published in the Orange County Reporter on January 26, 2007 Motion: Place on second reading and adopt. ORDINANCE NS-2731 - An ordinance of the City of Santa Ana amending Chapter 33 of the Santa Ana Municipal Code regulating newsboxes in the public right of way 11.B. PROPOSED EARLY PREVENTION AND INTERVENTION COMMISSION (EPIC) Placed on first reading at the January 16, 2007 City Council meeting and approved by a vote of 7-0 Published in the Orange County Reporter on January 26, 2007 Motion: Place on second reading and adopt ORDINANCE NS-2732 - An ordinance of the City Council of the City of Santa Ana establishing the Santa Ana Early Prevention and Intervention Commission After adoption of the consent calendar, Council member Martinez asked for reconsideration of Item 11.B. for the purpose of amending the ordinance. Motion: Reconsider Item 11 B. CITY COUNCIL MINUTES 42 FEBRUARY 5, 2007 CONSENT CALENDAR MOTION: Martinez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Motion: Amend Section 2-551 @ to provide that two of the eight non-voting members will be appointed as follows: one appointed by the City Council representing the Downtown Santa Ana business community and one appointed by the City Council representing faith based organizations in the community MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 11.C. AMENDMENT APPLICATION NO. 2006-05 TO REZONE A PARCEL FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (R1) AT 1051 WEST THIRD STREET - PMR INC., APPLICANT Placed on first reading at the January 16, 2007 City Council meeting and approved by a vote of 6-0 (Benavides abstained) Published in the Orange County Reporter on January 26, 2007 Councilmember Benavides abstained from this Item due to recent receipt of campaign contributions from the applicant Motion: Place on second reading and adopt. ORDINANCE NS-2733 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 1051 West Third Street from Professional (P) to Single-Family residence (R1) (AA No. 2006-05) CITY COUNCIL MINUTES 43 FEBRUARY 5, 2007 CONSENT CALENDAR 11.0. ZONING ORDINANCE AMENDMENT NO. 2006-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES Placed on first reading at the January 16, 2007 City Council meeting and approved by a vote of 6-1 (Bustamante, no) Published in the Orange County Reporter on January 26, 2007 Mayor Pro Tem Bustamante voted "no" on this Item Motion: Place on second reading and adopt. ORDINANCE NS-2734 - An ordinance of the City Council of the City of Santa Ana adding sections 41-27.5, 41-646.5, 41-1361, and amending sections 41-365.5, 41-377.5, 41-412.5 and 41-424.5 of the Santa Ana Municipal Code relating to the development of super stores BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - JANUARY 31,2007 Motion: The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSION VACANCIES WARD Community Redevelopment / Housing Commission Environmental & Transportation Committee Youth Commission - Regular Youth Commission - Alternate Planning Commission TOTAL 1 Tenant 1 5 1 1 1 5 5 3 1 BOARD/COMMISSION EXPIRED TERMS 2 WARD Community Redevelopment/Housing Commission Environmental & Transportation Committee Historic Resources Commission 4 & Mayor 2 4 & Mayor 3 4, 6 & Mayor CITY COUNCIL MINUTES 44 FEBRUARY 5, 2007 CONSENT CALENDAR Human Relations Commission 3 2, Mayor & At Large 4 & Mayor 4, 6 & Mayor 4, 6 & Mayor 4 & Mayor 4 & Mayor 4, 6 & Mayor Library Board Parks & Recreation Board Personnel Board Planning Commission Youth Commission - Regular Youth Commission - Alternate TOTAL 2 3 3 2 2 3 25 13.B. REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS Motion: Reappoint Brent Beasley, Phil Campanelli, Mike Kanda, Patrick Korthuis, Donna Un, Wil Ortega, Andy Wadhera and Alfredo Zarate, Jr. to the Santa Ana Workforce Investment Board for four-year terms. 13.C. APPOINTMENTS Motion: Appoint or reappoint the following individuals: MAYOR Reappoint Colby Johnson (Regular) to the Youth Commission, nominated by Mayor Pulido for a full term. WARD 1 Appoint Eric M. Alderete to the Planning Commission, nominated by Councilmember Sarmiento as the Ward 1 representative for a partial-term expiring on December 9,2008. (Replacing D. Benavides) WARD 2 Appoint Lynnette Veri no to the Human Relations Commission, nominated by Councilmember Martinez for a full-term expiring December 14, 2010 (Replacing P. Bustamante) WARD 4 Appoint Enrique M. Adame Jr. (Resident, Ward 4) to the Personnel Board, nominated by Council member Benavides as the Ward 4 representative for a full-term expiring on December 14, 2010. (Replacing J. Uttz) Appoint Don Cribb to the Environmental & Transportation Advisory Committee, nominated by Council member Benavides as the Ward 4 representative for a full-term expiring on December 14, 2010. (Replacing J. Stroud) CITY COUNCIL MINUTES 45 FEBRUARY 5, 2007 CONSENT CALENDAR Appoint Harvey De La Torre to the Planning Commission, nominated by Councilmember Benavides as the Ward 4 representative for a full-term expiring on December 14, 2010. (Replacing T. Lutz) Appoint Anne Menaldo (Resident, Ward 4) to the Library Board, nominated by Council member Benavides as the Ward 4 representative for a full-term expiring on December 14, 2010. (Replacing V. Marcina) Appoint Donald L. Rogers (Resident, Ward 4) to the Historic Resources Commission, nominated by Council member Benavides as the Ward 4 representative for a full-term expiring on December 14, 2010. (Replacing R. Corpin) Appoint Julie Stroud to the Recreation and Parks Board, nominated by Councilmember Benavides as the Ward 4 representative for a full-term expiring on December 14, 2010. (Replacing T. Whitacre) WARD 5 Appoint Ryan Gene Williams to the Environmental & Transportation Advisory Committee, nominated by Councilmember Alvarez as the Ward 5 representative for a term expiring on December 9, 2008. (Replacing N. Yanez) Appoint Liliana Palacios (Resident, Ward 5) to the Youth Commission (regular), nominated by Councilmember Alvarez as the Ward 5 representative for a partial-term. (Replacing Ruvalcaba) WARD 6 Appoint Megan Klucken (Resident, Ward 6) to the Youth Commission (Alternate), nominated by Council member Tinajero for a full-term (M. Nguyen) CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Motion: Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15.C.) 15.A. Council MeetinQ AQendas City Council Agenda MeetinQ Date Posted 01/16/07 01/11/07 Time 5:26 p.m. CITY COUNCIL MINUTES 46 FEBRUARY 5, 2007 CONSENT CALENDAR 15.B. Revised City Council Agenda 01/16/07 01/12/07 4:55 p.m. 15.C. City Council-Adjourned Regular Meeting/Closed Session Agenda 01/16/07 01/12/07 4:55 p.m. MAYORAL PROCLAMATIONS / CERTIFICATES Motion: Declare and instruct clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.F.) 16.A. 16.B. 16.C. 16.0. 16.E. 16.F. Honoree Celebrating 39 Years of Service of Reverend Samuel Craig Grand Opening of Clinica Medica de Ella Bank of America Branch Grand Opening 100th Birthday Celebration for Mrs. Dolores Montenegro Celebrating Vietnamese-American Buddhist Center Lunar Year, the release of the Signature of Art Book and their efforts in expanding Youth Education, Art Culture and Social Services in Santa Ana. Celebrating Helen Shipp for her outstanding contributions to the community, and inspiring the Black History Parade and Cultural Faire MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement. Date 1/14/07 1/16/07 1/17107 1/20/07 1/21/07 1/27/07 James Torres, ANA 324923, AHM 85797, Compromise and release, $22,500 19.B. EXCUSED ABSENCES - None 19.C. QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2006 - FINANCE & MANAGEMENT SERVICES AGENCY Motion: Receive and file report. 19.0. ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES ANNUAL DUES AND COR SERVICES PAYMENT Motion: 1. Authorize the City of Santa Ana's membership with the Orange County Division of the League of California Cities in the amount of $55,322 CITY COUNCIL MINUTES 47 FEBRUARY 5, 2007 CONSENT CALENDAR 2. Authorize payment to the Orange County Council of Governments via the Orange County League of California Cities for Center for Demographic Research data and related technical services in the amount of $8,379. BUDGETARY MATTERS 20A APPROPRIATION ADJUSTMENT ACCEPTING ANAHEIM FY 2005 HOMELAND SECURITY GRANT FUNDS FOR EXERCISE PROGRAM Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-074 - Recognizing FY 2005 Anaheim Urban Areas Security Initiative Grant funds in the amount of $375,000 and appropriate same in the FY 2005 Santa Ana Urban Areas Security Initiative Grant Program expenditure accounts. 20.B. APPROPRIATION ADJUSTMENT ACCEPTING OFFICE OF EMERGENCY SERVICES PROGRAM GRANT AWARD FUNDS Motion: 1. Adopt a resolution. RESOLUTION 2007-011- A resolution of the City Council of the City of Santa Ana authorizing the Chief of Police to execute a grant award agreement with the State of California, Office of Emergency Services 2. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-071 - Accepting State of California Office of Emergency Services 2006 Anti-Gang Initiative Grant funds of $52,430, revenue account and appropriate the same to expenditure account SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.H.) 22A SPEC. NO. 06-103 - ASPHALT STREET MAINTENANCE - PUBLIC WORKS AGENCY - Amend the contract with Hardy and Harper, Inc.. by $330,000 for a total amount not to exceed $896,900 - Finance & Management Services Agency CITY COUNCIL MINUTES 48 FEBRUARY 5, 2007 CONSENT CALENDAR 22.B. SPEC. NO. 06-187 - GENERATOR MAINTENANCE - Award a contract to Generator Services Co., Inc., for a two-year period with provision for two, one-year renewals in an annual amount not to exceed $25,000 - Finance & Management Services Agency 22.C. SPEC. NO. 07-008 - SPEED MEASUREMENT DEVICES - POLICE DEPARTMENT - Award a contract to Kustom Signals, Inc., in the amount of $35,450 - Finance & Management Services Agency 22.0. SPEC. NO. 07-011 - LIFT TRUCK WITH AERIAL DEVICE - Award a contract to Altec Industries, Inc., under the Cooperative Purchase Provision of the City of Los Angeles, in the amount not to exceed $90,234.56 - Finance & Management Services Agency 22.E. SPEC. NO. 06-182 - POLICE MOTORCYCLE PARTS AND REPAIR - Award contracts for a two-year period, with provision for two, one-year renewals in the annual aggregate amount not to exceed $200,000 with the following vendors: Bill Robertson and Sons d/b/a Honda of Hollywood Brown Motor Works, Inc. Long Beach BMW Motorcycles Seavco d/b/a Irv Seaver Motorcycles 22.F. SPEC. 06-126 (BID) - MOBILE COMPUTER SYSTEM - POLICE DEPARTMENT - Amend the contract with Tribalco by $499,789.99 for an amount not to exceed $1,499,789.99 - Finance & Management Services Agency 22.G. SPEC. NO. 06-157 - MOTOROLA PORTABLE RADIOS - POLICE DEPARTMENT - Amend the contract with Motorola by $44,645 for a total amount not to exceed $106,895 - Finance & Management Services Agency 22.H. SPEC. NO. 06-188 - TRAILER MOUNTED GENERATOR - FIRE DEPARTMENT Motion: 1. Reject the bid from Generator Services Co. Inc. as nonresponsive. 2. Award a contract to Associated Power, Inc. for trailer mounted generators in an amount not to exceed $30,526. CITY COUNCIL MINUTES 49 FEBRUARY 5, 2007 CONSENT CALENDAR PROJECTS MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR SANTIAGO PARK WILDLIFE AND WETLANDS INTERPRETIVE CENTER (PROJECT NO. 6366) 1. Award a contract to C.G. Construction, Inc., the lowest responsible bidder, in accordance with a lump sum price in the amount of $1,068,888 for the construction of the Wildlife and Wetland Interpretive Center at Santiago Park. 2. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-073 - Recognizing $553,369 in the Residential Development District 2 revenue account and appropriating this amount to the Residential Development District 2 expenditure account 3. Approve a funding Analysis with a total estimated construction cost of $1,335,700 AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.L.) 25.A. AGMT 2007-018 - HAZMA T VEHICLE MODIFICATIONS - With 911 Vehicle in an amount not to exceed $42,000 - Fire Department 25.B. AGMT 2007-019 - JAIL INMATE DISTANCE LEARNING PROGRAM - Renew the agreement with Rancho Santiago Community College District in an annual amount not to exceed $25,000 - Police Department 25.C. AGMTS - PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) - PUBLIC WORKS AGENCY Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: . AGMT 2007-021 - With Paul Xuan Le and Ly Thi Phan for the purchase of the residential property located at 806 S. Bristol in the amount of $685,000; CITY COUNCIL MINUTES 50 FEBRUARY 5, 2007 CONSENT CALENDAR . AGMT 2007-022 - With Juana Magana for the purchase of the residential property located at 802 S. Bristol in the amount of $625,000; . AGMT 2007-023 - With Irineo Arroyo for the purchase of the residential property located at 712 S. Bristol in the amount of $620,000; . AGMT 2007-024 - With Minerva Avelar for the purchase of the residential property located at 1302 Richland in the amount of $600,000; . AGMT 2007-025 - With Juan Villegas for the purchase of the residential property located at 506 S. Bristol in the amount of $565,000; . AGMT 2007-026 - With Mai & Ninh Nguyen for the purchase of the residential property located at 407 S. Bristol in the amount of $600,000 25.0. AGMT 2007-027 - GIS DATA SERVICES - With Intergraph in an amount not to exceed $93,220 - Public Works Agency 25.E. AGMT 2007-028 - EDINGER AVENUE REHABILITATION FROM EUCLID AVENUE TO NEWHOPE - Execute an agreement between the Cities of Fountain Valley and Santa Ana - Public Works Agency 25.F. AGMT 2007-029 - MEMORANDUM OF UNDERSTANDING - With Workforce Investment Act (WIA) Mandated Partner, State Department of Rehabilitation - Community Development Agency 25.G. AGMT 2007-030 - FUEL MANAGEMENT SYSTEM UPGRADE (SPEC. NO. 06-172) - With Orpak USA, Inc., in the amount not to exceed $51,959.70 - Finance & Management Services Agency 25.H. AGMT 2007-031- FIRE ALARM SYSTEMS MAINTENANCE - Execute a renewal with Simplex Grinnell LP, for a one-year period in the amount not to exceed $45,500 - Finance & Management Services Agency 25.1. AGMT 2007-032 - MEMORANDUM OF UNDERSTANDING - With the Firemen's Benevolent Association - Personnel Services Agency Glen Stroud addressed the Council and expressed concern about the payment of benefits for part-time employees 25.J. AGMT 2007-033 - MOBILE AD-HOC NETWORK - With Global Mesh Technologies in an amount not to exceed $350,000 - Police Department 25.K. AGMTS - CITY OF SANTA ANA REGIONAL TRANSPORTATION CENTER CITY-INITIATED TRANSIT EXTENSIONS TO METROLlNK STUDIES PROJECT 06-2502 - Public Works Agency CITY COUNCIL MINUTES 51 FEBRUARY 5, 2007 CONSENT CALENDAR Continued from the October 16, 2006 City Council Meeting by a vote of 6- o (Solorio absent); November 20, 2006 City Council Meeting by a vote of 7-0; January 16, 2007 City Council meeting by a vote of 7-0 Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement AGMT 2007-034 - With the Orange County Transportation Authority in an amount not to exceed $100,000 to conduct the City of Santa Ana Regional Transportation Center City-Initiated Transit Extensions to Metrolink Studies - Public Works Agency 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to an agreement. AGMT 2007-035 - Execute an amendment with Parsons Brinckerhoff in an amount not to exceed $100,000 to conduct the City-Initiated Transit Extensions to Metrolink Studies - Public Works Agency 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-070 Recognizing $100,000 in unanticipated Measure M Transit funds and appropriate the same amount to the City-Initiated Transit Extensions to Metrolink Studies project account, Project No. 06-2502 25.L. AGMT 2007-036 - DEVELOPMENT OF 415-423 SOUTH RAITT STREET- With Civic Center Barrio Housing Corporation in an amount not to exceed $77 ,500 - Community Development Agency LAND USE MATTERS CONDITIONAL USE PERMIT I VARIANCES 31.A. MODIFICATION FOR CONDITIONAL USE PERMIT NO. 1962-92 - 713 NORTH NEWHOPE STREET Filed by Vietnamese-American Buddhist Center for Charity Services to modify Conditional Use Permit No. 1962-92 to allow an addition to the existing temple located at 713 North Newhope Street in the Single-Family Residential (R-1) zoning district. Recommended action approved by the Planning Commission at its January 8, 2007 meeting by a vote of 5-0 (Gartner absent) CITY COUNCIL MINUTES 52 FEBRUARY 5, 2007 CONSENT CALENDAR Motion: Receive and file the staff report approving the modification of Conditional Use Permit No. 1962-92 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCES/FIRST READING 50A ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE SANTA ANA YOUTH COMMISSION Alberta Christy, Pat McGuigan and Steve McGuigan spoke in opposition to changes in the qualifications for Youth Commission members. Motion: Continue the Item for two weeks and instruct staff to work with Councilmembers Alvarez and Martinez in drafting ordinance language related to qualifications for Youth Commission Members. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55A PROPOSED AMENDMENT TO CLASSIFICATION COMPENSATION PLAN AND ANNUAL BUDGET AND Motion: Adopt a resolution. RESOLUTION 2007-012 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to provide equity adjustments to salaries assigned to certain Engineering classifications and to the classification Police Communications Manager (RM) MOTION: Alvarez SECOND: Tinajero CITY COUNCIL MINUTES 53 FEBRUARY 5, 2007 BUSINESS CALENDAR VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.B. PROPOSED AMENDMENT TO CLASSIFICATION COMPENSATION PLAN AND ANNUAL BUDGET AND Motion: Adopt a resolution. RESOLUTION 2007-013 - A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to amend the City's Basic Classification and Compensation Plan to add two new part time classification titles and to change two existing full time classification titles MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C. RESOLUTION TO RESTRUCTURE THE COUNCIL COMMITEES Julie Stroud addressed the Council in opposition to the elimination of the Neighborhood Improvement and Code Enforcement (NICE) Council Committee Motion: Adopt a resolution. RESOLUTION 2007-014 - A resolution of the City Council of the City of Santa Ana establishing certain committees of the City Council MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 54 FEBRUARY 5, 2007 BUSINESS CALENDAR NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65.A. UPDATE ON RESIDENTIAL STREETS Continued from the January 2, 2007 City Council Meeting by a vote of 6-0 Report presented by Jim Ross, Executive Director of the Public Works Agency 65.B. GRAFFITI TASK FORCE Staff Report by Will Hayes, Public Works Maintenance Manager; Police Chief Paul Walters; Jenny Rios, Recreation Superintendent; and, Bruce Dunnams, Community Preservation Manager Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT 2007-037 - GRAFFITI SOFTWARE - With Graffiti Trackers in an amount not to exceed $85,000 - Public Works Agency MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75.A. PUBLIC HEARING - 2006 DOWNTOWN BUSINESS IMPROVEMENT AREA REPORT AND 2007 ASSESSMENT RESOLUTION CITY COUNCIL MINUTES 55 FEBRUARY 5, 2007 PUBLIC HEARINGS Mayor Pulido abstained on Item 75.A. due to the proximity of his business to the Downtown Santa Ana Business Improvement District, and Councilmember Sarmiento abstained on Item 75.A. because this matter was considered by the Community Redevelopment and Housing Commission while he was a member. Legal notice published in the Orange County Reporter on January 26, 2007 Staff Report by Stephen Harding, Deputy City Manager Irving Chase and Delilah Snell spoke in support of providing all of the budget funding for promotions and marketing in the Business Improvement District Public Hearing Closed Motion: 1. Adopt a resolution and amend exhibit A (2007 Budget Summary) to delete $30,000 (District-wide Maintenance Programs) and $60,000 (District-wide Safety/Security Programs) and add $90,000 to Promotions and Marketing. RESOLUTION 2007-015 - A resolution of the City Council of the City of Santa Ana levying an assessment for the Downtown Santa Ana Business Improvement Area for the year 2007 2. Authorize the Executive Director of the Finance and Management Services Agency to allocate the budgeted funds. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) Pulido, Sarmiento (2) None (0) 75.B. PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-06 - 510 NORTH EUCLID AVENUE. ABSTAIN: ABSENT: Filed by Javier Brito to rezone a parcel from Community Commercial (C1) to Single Family Residential (R1) at 510 North Euclid Avenue Recommended action approved by the Planning Commission at its January 8, 2007 meeting by a vote of 5-0 (Gartner absent) CITY COUNCIL MINUTES 56 FEBRUARY 5, 2007 PUBLIC HEARINGS Legal notice published in the Orange County Reporter on January 26, 2007 and notices mailed Staff Report by Jay Trevino, Executive Director of Planning and Building Agency No public speakers; public hearing Closed Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 510 North Euclid Street from Community Commercial (C1) to Single-Family Residence (R1) (AA No. 2006-06) MOTION: Tinajero SECOND: Alvarez YOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) 75.C. PUBLIC HEARING EMERGENCY ORDINANCE EXTENDING MORATORIUM FOR ONE YEAR ON THE PROHIBITION CONSTRUCTION OR ESTABLISHMENT OF HOOKAH PARLORS Legal notice published in the Orange County Reporter on January 26, 2007 No public speakers; public hearing Closed Motion: Adopt an emergency ordinance. ORDINANCE NS-2735- An emergency ordinance of the City of Santa Ana extending the temporary prohibition on the construction or establishment of any new hookah parlor MOTION: Alvarez SECOND: Tinajero YOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) CITY COUNCIL MINUTES 57 FEBRUARY 5, 2007 PUBLIC HEARINGS ABSTAIN: None (0) ABSENT: Bustamante (1) JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY 80.8. PUBLIC HEARING APPROVAL REPLACEMENT HOUSING PLANS APARTMENTS OF RELOCATION AND FOR WILSHIRE/MINNIE Recommended action approved by the Community Redevelopment and Housing Commission on January 16, 2007 by a vote of 5-1 (Turner, No) Legal notice published in the Orange County Register on January 5, 2007 Councilrnernber Sarmiento abstained from this item because he participated in the consideration of the item as a mernber of the Community Redevelopment and Housing Commission Motion: Continue Item for 30 days. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: Sarrniento (1) ABSENT: None (0) 80.C. AGREEMENT WITH SCHINDLER ELEVATOR CORPORATION FOR THE ELEVATOR IMPROVEMENTS AND MODERNIZATION DESIGN AND CONSTRUCTION AT THE SANTA ANA DEPOT Tish Leon addressed the Council and noted that she could not recommend the proposed contractor based on her experiences with the company Motion: 1. Adopt a resolution. RESOLUTION 2007-016 - A resolution of the City Council of Santa Ana consenting to the payment of the cost of improvements to a CITY COUNCIL MINUTES 58 FEBRUARY 5, 2007 JOINT SESSION CRA I CITY COUNCIL publicly owned improvement, the elevator at the train depot, by the Community Redevelopment Agency of the City of Santa Ana, pursuant to Section 33445 of the Health & Safety code 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT 2007-038 - DESIGN AND CONSTRUCT THE ELEVATOR MODERNIZATION AT THE SANTA ANA DEPOT - With Schindler Elevator Corporation in the amount of $62,747 - Community Development Agency 3. Approve a funding Analysis with a total estimated construction cost of $88,427 4. Direct the City Attorney to prepare and authorize the City Manager to execute a cooperative agreement. AGMT 2007-020 - THE DEPOT ELEVATOR MODERNIZATION - Execute a cooperative agreement between the Community Redevelopment Agency of the City of Santa Ana and the City of Santa Ana in the amount of $88,427 - Community Development Agency MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 8:49 P.M. COUNCIL RECONVENED WITH ALL MEMBERS PRESENT AT 8:51 P.M. COMMENTS 90.A. PUBLIC COMMENTS Lisann Martinez, Stanley Fiala and Alex Vega voiced general concerns CITY COUNCIL MINUTES 59 FEBRUARY 5, 2007 COMMENTS Janelle Cabassa addressed Council relative to concerns about the responsiveness of the Police Department 90.B. CITY COUNCIL COMMENTS Councilmember Sarmiento . Thanked staff for their efforts in ensuring the success of the annual Black History Parade and noted that this event is an integral part of the community; he further congratulated all involved in the event . Reminded everyone that the Farmers Market is open on each Wednesday . Encouraged all registered voters to vote on Tuesday, February 6, 2007 Council member Martinez . Noted that she enjoyed the Multicultural Parade . Wished everyone a Happy Valentine's Day Mavor Pro Tem Bustamante . Asked residents to vote tomorrow and noted that the polls would be open from 7:00 a.m. to 8:00 p.m. . Wished everyone a Happy Valentine's Day . Asked the Council to adjourn in memory of Anthony Katsivaus who owned the Yellow Basket restaurants in Santa Ana Councilmember Alvarez . Reminded all residents to voice their vote in the election for County Supervisor Council member Benavides . Noted that the Multicultural parade was a very successful event and thanked everyone who was involved in its success . Encouraged residents to get involved in neighborhood associations and also to get involved in the community efforts to eliminate the problem of graffiti in the City . Encouraged everyone to vote in the special election Councilmember Tinaiero . Asked the Police Chief to work with the resident who raised concerns about police response . Wished everyone a Happy Valentine's Day . Encouraged residents to vote in the special election CITY COUNCIL MINUTES 60 FEBRUARY 5, 2007 ADJOURNMENT - 9:30 p.m. Patricia E. Healy Clerk of the Council IN MEMORY OF Anthony Katsivaus CITY COUNCIL MINUTES FEBRUARY 5, 2007 61