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Home My WebLink About2007-03-05 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA MARCH 5, 2007 CALLED TO ORDER COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:02 P.M. ATTENDANCE: COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE 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 INVOCATION Bob Barnett, Police Chaplain PRESENTATIONS Proclamation presented by MAYOR PRO TEM ALVAREZ to the Gang Injunction Team represented by the Santa Ana City Attorney's Office, Santa Ana Police Department and the Orange County District Attorney's Office for their efforts in obtaining the first civil gang injunction in the County of Orange EMPLOYEE SERVICE AWARDS MAYOR PULIDO 25 YEARS OF SERVICE Alan G. Caddell Frank G. Finn Michael G. Holderman Larry Chavez Police Lieutenant, Police Department Police Corporal, Police Department Police Officer, Police Department Recreation Supervisor, Parks, Recreation, and Community Services CITY COUNCIL MINUTES 90 MARCH 5, 2007 PRESENTATIONS SPECIAL PRESENTATION Fireman's Fund Insurance Company grant presentation to Santa Ana Fire Department- Presented by Chris Selstrup, Business Development Manager and Bob Gates, Sr. Management Associate, Dealy Rention & Associates PRESENTATIONS Certificate of Recognition presented by MAYOR PULIDO to Dr. Stanley Galant in recognition of his work with Children's Hospital of Orange County and the CHOC Breathmobile Certificates of Recognition presented by MAYOR PRO TEM ALVAREZ in honor of "Women's History Month" to: Maria Chavez Wilcox, President & CEO of Orange County United Way; Mai Cong, Director of the Vietnamese Cultural Center; Kathleen Davis Bowman, Executive Director of WISEPlace; Erlinda Martinez, President, Santa Ana College; Sister Eileen McNerney, Executive Director Taller San Jose; Justice Kathleen O'Leary, California Court of Appeal, Jane Russo, Superintendent, Santa Ana Unified School District; Anne Shih*, Board of Governors, Bowers Museurn; Ava Steaffens, President/CEO of KidWorks; Judge Nancy Wieben Stock; Superior Court; and Audrey Yamagata-Noji, Boardmember, Santa Ana Unified School District Proclamation presented by MAYOR PRO TEM ALVAREZ to Max Madrid on the occasion of his retirement and his career achievements. Certificates of Recognition presented by COUNCILMEMBER MARTINEZ to the Coach, Assistant Coaches and the Santa Ana High School Wrestling Team for winning the CIF Dual Meet Championships Proclamation presented by COUNCILMEMBER MARTINEZ proclaiming March, 2007 as National Nutrition Month Proclamation presented by COUNCILMEMBER SARMIENTO to Vietnamese Catholic Center in recognition of their efforts to organize the 2007 TET Festival of Flowers Certificate of Recognition presented by COUNCILMEMBER SARMIENTO to Lorena C. Penaloza in recognition of her efforts to organize the Hispanic Bar Association of Orange County - 29th Annual Installation Dinner and Scholarship Fundraiser Proclamation presented by COUNCILMEMBER TINAJERO to Barbara Hill, first African-American teacher hired in Orange County *Not Present CITY COUNCIL MINUTES 91 MARCH 5, 2007 CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Mayor Pulido requested that the reappointments of Cecilia Aguinaga and Victoria Betancourt on Item 13.8. be continued to the March 19, 2007 Meeting . Mayor Pro Tem Alvarez pulled Item 20.A. for separate discussion . Mayor Pro Tem Alvarez voted "no" on Items 19.C. and 25.B. . Councilmember Benavides pulled Item 25.C. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. 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 Motion: Approve minutes. (Item 10.A. -10.C.) 10.A. REGULAR MEETING MINUTES OF FEBRUARY 20,2007 10.B. ADJOURNED REGULAR MEETING MINUTES OF FEBRUARY 20,2007 10.C. SPECIAL MEETING MINUTES OF FEBRUARY 14, 2007 ORDINANCES/SECOND READING 11.A. ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE SANTA ANA YOUTH COMMISSION Continued from the February 5, 2007 City Council Meeting by a vote of 7-0 Placed on first reading at the February 20, 2007 City Council meeting and approved by a vote of 7-0 CITY COUNCIL MINUTES 92 MARCH 5, 2007 CONSENT CALENDAR Published in the Orange County Reporter on February 23, 2007 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2737 - An ordinance of the City Council of the City of Santa Ana amending Sections 2-325, 2-450 and 2-451 of the Santa Ana Municipal Code modifying the appointment process and qualifications for membership on the Youth Commission. BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT - FEBRUARY 28,2007 The Vacancy Report reflects only appointments made by the Council. Motion: Receive and file. BOARD/COMMISSION VACANCIES Community Redevelopment / 2 Housing Commission Youth Commission - Alternate 3 Youth Commission - Regular 1 Personnel Board 1 WARD Tenant & 1 1,3 & 5 5 TOTAL 7 BOARD/COMMISSION EXPIRED WARD TERMS Community 1 Mayor Redevelopment/Housing Commission Environmental & Transportation 1 Mayor Committee Historic Resources Commission 2 6 & Mayor Human Relations Commission 2 Mayor & At Large Library Board 1 Mayor Parks & Recreation Board 2 6 & Mayor Personnel Board 2 6 & Mayor Planning Commission 1 Mayor Youth Commission - Regular 1 4 Youth Commission - Alternate ~ 4 & Mayor TOTAL 15 CITY COUNCIL MINUTES 93 MARCH 5, 2007 CONSENT CALENDAR 13.B. APPOINTMENTS Motion: Appoint or reappoint. APPOINTMENTS. Appoint Marco A. Ramirez to the Early Prevention and Intervention Commission (EPIC), nominated by Mayor Pulido as the Mayoral representative for a full term expiring December 9, 2008 WARD 1 Appoint Deborah M. Vasquez (Resident, Ward 1) to the Community Redevelopment & Housing Commission, nominated by Councilmember Sarmiento as the Ward 1 representative for a partial term expiring December 09, 2008 (Replacing I. Welty) Appoint lIiana S. Welty to the Early Prevention and Intervention Commission (EPIC), nominated by Councilmember Sarmiento as the Ward 1 representative for a partial term expiring December 9, 2008 WARD 2 Appoint Melanie L. Flores (resident, Ward 2) to the Early Prevention and Intervention Commission (EPIC), nominated by Councilmember Martinez as the Ward 2 representative for a full term expiring December 14, 2010 Appoint Marie A. Steaffens to the Early Prevention and Intervention Commission (EPIC), nominated by Councilmember Martinez as the At- large representative for a full term expiring December 14, 2010 WARD 3 Appoint Albert Garcia (resident, Ward 3) to the Early Prevention and Intervention Commission (EPIC), nominated by Councilmember Bustamante as the Ward 3 representative for a partial term expiring December 9, 2008 WARD 4 Appoint Laura Morfin (resident, Ward 4) to the Early Prevention Intervention and Commission (EPIC), nominated by Councilmember Benavides as the Ward 4 representative for a full term expiring December 14, 2010 WARD 5 Appoint Jessica Amezcua (resident, Ward 5) to the Early Prevention and Intervention Commission (EPIC), nominated by Mayor Pro Tem Alvarez as the Ward 5 representative for a partial term expiring December 9, 2008 CITY COUNCIL MINUTES 94 MARCH 5, 2007 CONSENT CALENDAR WARD 6 Appoint David O. Orea to the Recreation and Parks Board, nominated by Councilmember Tinajero as the Ward 6 representative for a full term expiring December 14, 2010 (replacing M. Martinez) Appoint Thomas Gordon (resident, Ward 6) to the Early Prevention and Intervention Commission (EPIC), nominated by Councilmember Tinajero as the Ward 6 representative for a full term expiring December 14, 2010 DOWNTOWN BUSINESS COMMUNITY Appoint Art Lomeli to the Early Prevention and Intervention Commission (EPIC), as the Downtown Business Community representative for a full term expiring December 14, 2010 RE~RRl!ii'Nh[iNlEN~S' ["""":",;,;"",m"';i~.",i",;!,,j,,;;,;;;;;;.;;;!;,!i~I!.",.*' MAYOR Reappoint Cecilia Aguinaga to the Human Relations Commission, nominated by Mayor Pulido as the Mayoral representative for a full term expiring December 9, 2008 Reappoint Victoria Betancourt to the Planning Commission, nominated by Mayor Pulido as the Mayoral representative for a full term expiring December 9, 2008 The Council continued the above two reappointments to the March 19,2007 Meeting by unanimous consent. 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 15.0.) Council Meetina Aaendas Meetina Date Posted Time 15.A. City Council Agenda 02/20/07 02/14/07 5:20 p.m. 15.B. Revised City Council Agenda 02/20/07 02/16/07 4:25 p.m. 15.C. City Council-Adjourned Regular Meeting/Closed Session Agenda 4:25 p.m. 02/20/07 02/16/07 5:00 p.m. 15.0. Revised City Council-Adjourned Regular Meeting/Closed Session Agenda 02/20/07 02/16/07 5:00 p.m. CITY COUNCIL MINUTES 95 MARCH 5, 2007 CONSENT CALENDAR MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - None 19B. EXCUSED ABSENCES - None 19.C. DESTRUCTION OF OBSOLETE CITY RECORDS 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 Tem Alvarez voted "no" on this Item BUDGETARY MATTERS 20A Motion: 1. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 07-085 - Recognizing the Office of Emergency Services Grant funds in the amount of $95,701 and the required matching funds of $31,900 from the Police Department Crimes Against Persons Other Contractual Services Account, for a total project amount of $127,601, and appropriate same into the FY 2007 Santa Ana's Focused Enforcement Team Grant expenditure accounts. 2. Adopt a resolution. RESOLUTION NO. 2007-022 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to execute a grant award agreement with the Office of Emergency Services 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT NO. 2007-052 - DOMESTIC VIOLENCE VICTIM ADVOCACY PROGRAM - With Community Services Program Inc., Family Violence Victim Services, in an amount not to exceed $59,290 - Police Department CITY COUNCIL MINUTES 96 MARCH 5, 2007 CONSENT CALENDAR MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Pulido, Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Martinez, Sarmiento (3) SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. 22.A. SPEC. NO. 07-006 - HAZARDOUS WASTE DISPOSAL SERVICES- Award a contract to Clean Harbors Environmental Service, Inc., for a one- year period, with provision for two, one-year renewals in an annual amount not to exceed $50,000 - Finance & Management Services Agency 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.C.) 25.A. AGMT NO. 2007-053 - WIRELESS SERVICES AND EQUIPMENT - With New Cingular Wireless National Accounts, LLC under a master agreement with the Western States Contracting Alliance for a period beginning January 1, 2007 to December 31,2010 in an amount not to exceed $350,000 per year - Finance & Management Services Agency 25.B. AGMT NO. 2007-054 - ADULT CROSSING GUARD PROGRAM - Execute a renewal with All City Management Services, Inc., for an additional one-year term, in an amount not to exceed $894,447 - Police Department Mayor Pro Tern Alvarez voted "no" on this Item 25.C. AGMT NO. 2007-055 - ENGINEERING CONSULTING SERVICES - With Harris and Associates in the amount not to exceed $57,000 - Public Works Agency MOTION: Benavides SECOND: Alvarez CITY COUNCIL MINUTES 97 MARCH 5, 2007 CONSENT CALENDAR VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERMIT / VARIANCES 31A CONDITIONAL USE PERMIT NOS. 2006-23 AND 2006-24 - 1715 NORTH BRISTOL STREET. Filed by Evergreen Devco on behalf of Walgreens to allow after hours operations between the hours of 12:00 midnight and 5:00 a.m. and to allow parking in the R2-B zone for a proposed Walgreens at 1715 North Bristol Street. Recommended action approved by the Planning Commission at its February 12, 2007,by a vote of 7-0 Applicant: Evergreen Devco on behalf of Walgreens Motion: Receive and file the staff report approving Conditional Use Permit No. 2006-23 as conditioned and Conditional Use Permit No. 2006-24 as conditioned. ""END OF CONSENT CALENDAR"" BUSINESS CALENDAR ORDINANCES/FIRST READING 50A AMENDMENT TO EPIC COMMISSION ORDINANCE TO PERMIT OFFICERS OF PUBLIC AGENCIES Motion: Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending Section 2-551 related to the Santa Ana Early Prevention and Intervention Commission. CITY COUNCIL MINUTES 98 MARCH 5, 2007 BUSINESS CALENDAR MOTION: Martinez SECOND: Bustamante VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento (5) NOES: Alvarez, Tinajero (2) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55.A. RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY ADMINISTERING AGENCY - FEDERAL MASTER AGREEMENT NO.12-5063R Motion: Adopt a resolution. RESOLUTION NO. 2007-023 - A resolution of the City Council of the City of Santa Ana authorizing the Executive Director of the Public Works Agency to execute the revised Administering Agency-Federal Master Agreement with the State of California Department of Transportation to reimburse the City of Santa Ana for federally funded projects MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE JOINT SESSION BETWEEN CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE COMMUNITY REDEVELOPMENT AGENCY MEETING, THE JOINT SESSION BETWEEN CITY COUNCIL AND SANTA ANA FINANCING AUTHORITY AND THE SANTA FINANCING AUTHORITY MEETING AND THE HOUSING AUTHORITY MEETING AT 7:38 P.M. CITY COUNCIL MINUTES 99 MARCH 5, 2007 JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY 80A 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 Continued from the February 5, 2007 City Council Meeting by a vote of 6-0 (Sarmiento abstained) Councilmember Sarmiento abstained because he participated in the consideration of this item as a member of the Community Redevelopment and Housing Commission and left the dais. Motion: Adopt a resolution. RESOLUTION NO. 2007-024 - A resolution of the City Council of the City of Santa Ana approving the Relocation Plan for the residential property located at 1201, 1209, 1213, 1221, 1225, 1229, and 1233 East Wilshire, and 1401, 1403, 1409, 1413, 1421, 1425, 1429, 1433, 1437, and 1439 South Minnie Street Speakers Lisann Martinez spoke in opposition to this project; Barry Cottle, representing the applicant, spoke in support of the project Public hearing closed. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: None (0) CITY COUNCIL MINUTES 100 MARCH 5, 2007 JOINT SESSION BETWEEN CITY COUNCIL AND SANTA ANA FINANCING AUTHORITY 80.8. CONTRACT AMENDMENT FOR THE CITY HALL PARKING GARAGE Council discussion ensued on this issue. Councilmember Martinez moved to continue the item two weeks to allow time to review the plans; she raised concern about the cost of the landscape around the perimeter of the parking lot. Francisco Gutierrez, Executive Director of the Finance and Management Services Agency noted that the interest component currently calculated at the rate of 4.71 % per annum may change in two weeks. Mayor Pro Tem Alvarez recommended that the landscape element be removed from the contract and continued two weeks, and that the remaining items in the contract be approved and the resolutions amended to provide financing not to exceed $8,470,000. Motion: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement as amended to delete the landscape hardscape in the amount of $1,1000,000 and continue that portion of the agreement two weeks for further consideration. AGMT NO. 2007-056 - PROGRAM MANAGEMENT SERVICES - Execute a third amendment to agreement with Gordon & Williams, Inc., in the amount of $2.26 million for a total contract in the amount of $8.26 million - Public Works Agency 2. Adopt a resolution as amended. RESOLUTION NO. 2007-025 - A resolution of the City Council of the City of Santa Ana authorizing and directing the execution of certain lease financing documents and authorizing and directing certain actions with respect thereto MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECONVENED WITH ALL MEMBERS PRESENT AT 8:13 P.M. CITY COUNCIL MINUTES 101 MARCH 5, 2007 COMMENTS 90A PUBLIC COMMENTS Lisann Martinez raised concerns relative to changes at Cesar Chavez Park; Alex Vega supported the use of translation devices for Spanish at Council meetings; Tiffany Campos had a question about the city's role in dealing with the homeless in Santa Ana; Julie Stroud asked the Council to reestablish the Neighborhood Improvement and Code Enforcement Committee; Stanley Fiala expressed the belief that the EPIC commission will not solve the problem of gangs in the City; Jim Kendrick expressed concern that there was a comment made by a member of the County Board of Supervisors relative to moving some county facilities to Irvine 90.B. CITY COUNCIL COMMENTS Councilmember Tinaiero . Congratulated all the individuals recognized at tonight's meetings · Announced that equipment for simultaneous translation in Spanish would be available at all City Council meeting Councilmember Benavides . Commended all the individuals recognized at the meeting · Noted that there was tremendous diversity in the City as evidenced by the recent events celebrating Black History month and the TET festival · Asked staff to provide information relative to comments made by a public speaker that Cesar Chavez Park was being subdivided Mavor Pro Tem Alvarez · Noted that it was very important for Santa Ana to retain its position as the county seat, and to keep the county courts in the city, because of its central location · Noted that it was important to celebrate women and National Women's History Month · Wished everyone a Happy St. Patrick's Day Councilmember Bustamante · Announced that a Memorandum of Understanding with the County has been reached which will give the City access to the Flood Control Channel areas; staff can now enter the channels to remove graffiti immediately · Announced that on February 22, 2007, he and his wife welcomed the birth of a son Councilmember Martinez · Offered to sit on the NICE Committee if the Council chooses to reestablish the committee CITY COUNCIL MINUTES 102 MARCH 5, 2007 COMMENTS . Announced that the first meeting of the Early Prevention and Intervention Commission would be held on March 28, 2007 at 5:30 p.m. in the Police Community Room Councilmember Sarmiento . Noted that the event held at the Zoo last Saturday in celebration of its 55th Anniversary was a tremendous success . Noted that the Cesar Chavez celebration scheduled for March 24, 2007 would be tied to the literacy campaign . Noted that the best defense in combating graffiti is a vigilant neighborhood Mavor Pulido . Noted that he will aggressively work to get the Great Park to help Santa Ana by providing more access for adults to use the soccer fields proposed for the park; this will free up the fields in Santa Ana to be used for youth soccer ADJOURNMENT - 8:45 P.M. atrlcla E. Healy Clerk of the Council CITY COUNCIL MINUTES 103 MARCH 5, 2007