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HomeMy WebLinkAbout2007-07-02 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE: JULY 2, 2007 COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:15 P.M. 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 STAND1fORD, Assistant City Manager JOSEPH W. FLETCHER, City Attorney ROSE ANN TRUJILLO, Senior Deputy Clerk of the Council PLEDGE OF ALLEGIANCE INVOCATION EMPLOYEE SERVICE AWARDS Jesus D. Rodriguez Christopher Ciraulo Luz M. Flores PRESENTATIONS Mayor Pulido Dale Temple, Police Chaplain MAYOR PULIDO 20 YEARS OF SERVICE Water Maintenance Worker II, Public Works Firefighter, Fire Department Senior OfFce Assistant, Community Development Agency CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Michael Q. Nguyen recognizing his National Young American Award. CITY COUNCIL MINUTES 225 JULY 2, 2007 CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Joe Andrade in recognition of his Community Service to enhance Santa Ana neighborhoods. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to the Santa Ana Board of Recreation and Parks, recognizing July as Parks and Recreation Month. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Gina Leon recognizing her as an "Emerging Youth of Santa Ana". CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Navdeep S. Bassi and *Horacio Gonzalez recognizing them for their contributions to the Pio Pico -Summer Camp Softball Fundraiser. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Isaiah House Children recognizing their April 2007 performance at Carnegie Hall, New York, New York. *Not Present CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Addition of Closed Session Report • Councilmember Sarmiento pulled Item 22.B. for separate discussion • Councilmember Benavides pulled item 23.A. for separate discussion • Mayor Pro Tem Alvarez pulled Item 25.A. for separate discussion • Mayor Pro Tem Alvarez recorded a no vote on Item 25.B. • Councilmember Martinez recorded a no vote on Item 11.B. Motion: Approve staff recommendations on the following Consent Calendar items. ADMINISTRATIVE MATTERS MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 226 JULY 2, 2007 CONSENT CALENDAR MINUTES Motion: Approve minutes. (Item 10.A. - 10.B.) 10.A. REGULAR MEETING MINUTES OF JUNE 18, 2007 10.B. ADJOURNED REGULAR MEETING MINUTES OF JUNE 18, 2007 ORDINANCES/SECOND READING 11.A. ORDINANCE AMENDING THE MUNICIPAL CODE CHAPTER 5 ON ANIMALS Placed on first reading at the June 18, 2007 City Council meeting and approved by a vote of 6-0 (Tinajero absent) Published in the Orange County Reporter on June 22, 2007 Motion: Continue the matter to the July 16, 2007 City Council Meeting per staff request. 11.B. FISCAL YEAR 2007-2008 -PROPOSED CITY BUDGET Placed on first reading at the June 18, 2007 City Council meeting and approved by a vote of 5-1 (Martinez no, Tinajero absent) Published in the Orange County Reporter on June 22, 2007 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2752 - An ordinance of the City Council of the City of Santa Ana appropriating monies to the several offices, agencies and departments of the City for the Fiscal Year commencing July 1, 2007. Councilmember Martinez voted no on Item 11.B. BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT -JUNE 27, 2007 The Vacancy Report reflects only appointments made by the Council. Motion: Receive and file. CITY COUNCIL MINUTES 227 JULY 2, 2007 GONSENT CALENDAR BOARD/COMMISSION VACANCIES WARD Community Redevelopment 1 Tenant Housing Commission Youth Commission -Alternate 2 3 & 5 Youth Commission Associate 6 1,3,4,5,6 & Mayor Youth Commission -Regular 1 1 Personnel Board 1 5 TOTAL 11 BOARD/COMMISSION EXPIRED WARD TERMS Historic Resources Commission 1 6 Human Relations Commission 1 At Large Library Board 1 Mayor Personnel Board 2 6 & Mayor Youth Commission -Alternate 1 4 TOTAL 6 13.B. APPOINTMENTS Motion: Appoint Councilmembers Carlos Bustamante and Vincent Sarmiento (alternate) as the City's representatives to the Transportation Corridor System (TCS) Board. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT Motion: Approve settlement. Jose Flores vs. the City of Santa Ana, WCAB Case #ANA 0377073; 0347816; 0377072 & 0395197, $15,500 19.B. 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. CITY COUNCIL MINUTES 228 JULY 2, 2007 CONSENT CALENDAR APPROPRIATION ADJUSTMENTS 20.A. WORKFORCE INVESTMENT ACT TITLE ISUB-GRANT FOR PY 2007- 08 Motion: 1. Approve an appropriation adjustment. (Requires five afifirmative votes.) APPROPRIATION ADJUSTMENT NO. 07-138 - Recognizing additional revenues of $567 in Title I Youth funds from the State of California for Workforce Investment Act youth programs 2. Adopt a resolution. RESOLUTION NO. 2007-047 - A Resolution of the City Council of the City of Santa Ana authorizing the City Manager or designee to execute all necessary documents for the Workforce Investment Act Sub-grant with the State of California, Workforce Investment Division. SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (22.A. - 22.H.) 22.A. SPEC. NO 03-041 -CHARTER BUS SERVICES -PARKS, RECREATION & COMMUNITY SERVICES AGENCY -Renew the contract with Certified Transportation Services, Inc., for aone-year period in an annual amount not to exceed $50,000 -Finance Management Services Agency 22:6. SPEC. NO 04-056 -TRANSPORTATION SERVICES FOR THE SENIOR CENTERS -PARKS, RECREATION & COMMUNITY SERVICES AGENCY - Renew the contract with JFK Transportation for aone-year period in an annual amount not to exceed $35,000 -Finance Management Services Agency MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 229 JULY 2, 2007 CONSENT CALENDAR 22.C. SPEC. NO. 05-053 -GENERAL CONTRACTING SERVICES -Renew the contract with KCK Construction Co. for aone-year period in an annual amount not to exceed $85,000 -Finance Management Services Agency 22.D. SPEC. NOS. 06-101 AND 06-103 -ASPHALT STREET MAINTENANCE AND ASPHALT POTHOLE REPAIR -PUBLIC WORKS AGENCY Motion: 1. Renew the contract with Hardy and Harper, Inc. for asphalt pothole repairs for aone-year period in the annual amount not to exceed $500,000. 2. Renew the contract with Hardy and Harper, Inc. for asphalt street maintenance for aone-year period in the annual amount not to exceed $1,112,510. 22.E. SPEC. NO. 06-102- SIDEWALK MAINTENANCE -PUBLIC WORKS AGENCY -Renew the contract with Channel Islands Sawing for aone- year period in the annual amount not to exceed $50,000 -Finance Management Services Agency 22.F. SPEC. NO. 07-042 -MOTOR REPLACEMENT AT WELLS 28 AND 38 - Award a contract to SoCai Pump and Well Drilling, Inc. in the amount of $64,042 -Finance Management Services Agency 22.G. SPEC. NO. 07-059 - PARKING METER HOUSINGS - COMMUNITY DEVELOPMENT AGENCY - Award a contract to Duncan Parking Technologies in an amount not to exceed $128,900 -Finance Management Services Agency 22.H. SPEC. N0.07-060 -BLOOD AND BREATH TECHNICIAN SERVICES - POLICE DEPARTMENT -Award a contract to California Forensic Phlebotomy, Inc. for atwo-year period, with provision for three, one-year renewals in an annual amount not to exceed $80,000 - Finance Management Services Agency PROJECTS - MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR ' FLOWER STREET REHABILITATION (PROJECT NOS. 06-1710, AND 06-1006) Motion: 1. Award a contract to R.J. Noble, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $2,566,914.90, for construction of the Flower Street Rehabilitation CITY COUNCIL MINUTES 230 JULY 2, 2007 CONSENT CALENDAR project from Edinger Avenue to First Street and Civic Center Drive to Seventeenth Street. 2. Approve a Funding Analysis with a total estimated construction cost of $3,168,900. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUDGETARY MATTERS AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.B. through 25.D.) 25.A. AGMT -YOUTH SOCCER PLAYER DEVELOPMENT AND COMMUNITY OUTREACH PROGRAM AT THE SANTA ANA STADIUM - PRRKS, RECREATION & COMMUNITY SERVICES AGENCY Councilmember Martinez stated she was the Executive Director of Conquist America Foundation, abstained on Item 25.A. and left the room The following speakers spoke in opposition of giving one organization exclusive use of the Santa Ana Stadium for a soccer program: Juan Gonzalez, Yajaira Cervantes, Julio Ramos, Shirley Ambriz, Juan Cervantes, Rogelio Goong, Ruben Castro, Arturo. Arteaga, Alex Vega, Susie Franco, and Glenn Stroud Mayor Pro Tem Alvarez introduced a motion, seconded by Councilmember Tinajero, to refer the matter to the Parks & Recreation Board. Council discussion ensued. Mayor Pro Tem Alvarez introduced an amended motion to refer the matter to the Parks, Recreation, Education & Youth Council Committee and volunteered to participate in Councilmember Martinez's place on this issue due to her stated conflict of interest CITY COUNCIL MINUTES 231 JULY 2, 2007 CONSENT CALENDAR Motion: Refer the matter to the Park, Recreation, Education & Youth Council Committee and request staff to allow consideration of all bids and not exclusively to one organization. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Martinez(1) ABSENT: None (0) 25.B. AGMT NO. 2007-172 -GOVERNMENT LIAISON SERVICES -Execute an amendment with Townsend Public Affairs in an amount not to exceed $60,000 - Community Development and Public Works Agencies Mayor Pro Tem Alvarez voted no on Item 25.B. 25.C. AGMT NO. 2007-173 -GOVERNMENT LIAISON SERVICES -Execute an amendment with The Ferguson Group, in an amount not to exceed $75,000 -Community Development and Public Works Agencies 25.D. AGMT NO. 2007-174 -LEGAL SERVICES -With the Law Firm of Musick, Peeler & Garrett, LLP in an amount not to exceed $35,000 -City Attorney's Office LAND USE MATTERS CONDITIONAL USE PERMITSNARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2007-10 - 730 3/4 SOUTH EUCLID STREET Filed by Jason Kozora for Trillium Consulting (T-Mobile), to construct a 60- foot wireless facility at St. Barbara Parish at 730 3/4 South Euclid Street. Recommended action approved by the Planning Commission on June 11, 2007 by a vote of vote of 5-0 (Betancourt, De La Torre absent) Applicant: Trillium Consulting Motion: Receive and file the staff report approving Conditional Use Permit No. 2007-10 as conditioned. **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 232 JULY 2, 2007 BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION PERTAINING TO THE UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES Continued from the June 4, 2007 City Council Meeting by a vote of 7-0 Motion: Adopt a resolution as amended to reflect approval of changes to the Basic Compensation Plan for unrepresented Executive Management for a period of one-year and return the matter to the City Council for further review after the one-year period. RESOLUTION NO. 2007-048 - A Resolution of the City Council of the City of Santa Ana to Amend Resolution No. 91-066 to amend the Basic Compensation Plan for classifications of employment designated as unrepresented Executive Management MOTION: Bustamante SECOND: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: 55.B. RESOLUTION TO DEVE~ Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0} LOP A YOUTH AND FAMILY MASTER PLAN Motion: Continue the matter 30 days (August 6, 2007} MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7} NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C. RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2007-08 CITY COUNCIL MINUTES 233 JULY 2, 2007 BUSINESS CALENDAR Motion: Adopt a Resolution. RESOLUTION 2007-049 - A Resolution of the City Council of the City of Santa Ana establishing the appropriation limit of the City of Santa Ana for fiscal year 2007-2008 MOTION: Alvarez SECOND: Bustamante 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 -ABANDONMENT NO. 06-06: TO VACATE A PORTION OF SYCAMORE STREET BETWEEN 10T" STREET AND WASHINGTON AVENUE Legal Notice published in the Orange County Reporter on May 11 and 18, 2007 and notices mailed. Continued from the June 4, 2007 City Council Meeting by a vote of 7-0 Motion: Continue the matter to the August 20, 2007 City Council Meeting per staff request. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.B. PUBLIC HEARING -GENERAL PLAN AMENDMENT NO. 2007-02, ZONING ORDINANCE AMENDMENT NO. 2007-03 AND ORDINANCE AMENDMENT NO. 2007-01 TO AMEND THE GENERAL PLAN OF THE CITY AND TO CREATE STANDARDS FOR NON-RESIDENTIAL CITY COUNCIL MINUTES 234 JULY 2, 2007 PUBLIC HEARINGS CONDOMINIUM DEVELOPMENTS WITHIN CHAPTERS 34 AND 41 OF THE SANTA ANA MUNICIPAL CODE Legal Notice published in the Orange County Reporter on June 8, 2007. Filed by the City of Santa Ana, to adopt standards for non-residential condominiums within Chapter 34 and Chapter 41 of the Santa Ana Municipal Code and to amend various elements of the General Plan. Recommended action approved by the Planning Commission at its June 11, 2007 meeting by a vote of 5-0 (Betancourt and De La Torre absent) Continued from the June 18, 2007 City Council Meeting by a vote of 6-0 (Tinajero absent) Motion: Continue the matter to the July 16, 2007 City Council Meeting per staff request. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.C. PUBLIC HEARING - EMERGENCY ORDINANCE EXTENDING A MORATORIUM FOR 10 MONTHS AND 15 DAYS ON THE ESTABLISHMENT OF MASSAGE PARLORS Legal Notice published in the Orange County Reporter on June 22, 2007. No written communication Dr. Andrew Burpee addressed concerns relative to the massage parlor industry, regulations and licensing in the City Public hearing closed. Council discussion ensued and Mayor Pro Tem Alvarez requested an amendment to also refer the massage parlor ordinance update matter to the Public Safety Committee CITY COUNCIL MINUTES 235 JULY 2, 2007 PUBLIC HEARINGS Motion: Adopt an emergency ordinance and instruct staff to provide periodic status reports to the Public Safety Committee ORDINANCE NS-2753 - An emergency ordinance of the City of Santa Ana extending for 10 months and 15 days the temporary prohibition on the construction or establishment of any new massage parlor MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75.D. PUBLIC HEARING -REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS Legal Notice published in the Orange County Reporter on June 22, 2007 Staff Presentation by Thom Loughran, Water Resources Manager Not written communication No public speakers; public hearing closed. Motion: Accept the report on Water Quality Relative to Public Health Goals. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY AT 7:55 P.M CITY COUNCIL MINUTES 236 JULY 2, 2007 JOINT SESSION WITH CRA 80.A. PAYMENT TO SOUTHERN CALIFORNIA GAS COMPANY FOR GAS LINE RELOCATION ON MAIN STREET CITY COUNCIL ACTION Motion: 1. Authorize a payment to Southern California Gas Company in the amount of $75,540 for the relocation of a 3-inch gas main line located below the westerly Main Street sidewalk just north of Broadway Place. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an Amendment to the Cooperative Agreement between the City of Santa Ana and the Community Redevelopment Agency for the manufacturing and installation of the Main Street archway sign increasing the total amount by $75,540. 3. Approve an amended Funding Analysis with a total estimated construction cost of $383,645. MOTION: Tinajero SECOND: Alvarez 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 7:56 P.M. COUNCIL RECONVENED WITH SAME MEMBERS PRESENT AT 7:58 P.M. COMMENTS 90.A. PUBLIC COMMENTS Lisann Martinez, Scott Sink, Teo Reyes, Carolina Sarmiento, Yuri M. Lara, Alex Vega, Arturo Tolenttino, Jorge Vera, Juan Gervacio, Debbie Leance, Guillermo Avalaz, Gema Sotis, Carlos C. Sanchez, Sharon Tipton, Nicoal, and Mike Gonzalez expressed concerns relative to immigration reform, recent enforcement by "I.C.E." in the community and asked Council to declare Santa Ana a sanctuary City CITY COUNCIL MINUTES 237 JULY 2, 2007 COMMENTS Steve McGuigan extended an invitation to the Sunsets at the Zoo, Summer Concerts Series concert on July 8t" ;expressed concerns about the fence at Godinez School-Centennial Park, and requested that Council direct staff tonight to explain the fireworks complaint process John Raya invited the residents to the TKO boxing event this Saturday at Jerome Center featuring Ronnie Rios competing and commended Council for all they are doing for the youth Roy Alvarado submitted a Petition for permit parking (Loretta Lane from Townley Street to Patti Lane); reported that the recent completion of a mural project in his neighborhood made a positive impact and would like to keep future projects going Gary Boatwright shared concerns regarding law enforcement issues Claudio Gallegos encouraged the City to continue opposing the Santa Ana Unified School District on the issue of a fence on the Centennial Park land Glen Stroud thanked staff as a member of the Community Redevelopment & Housing Commission for the training they received addressing their role as commissioners 90.B. CITY COUNCIL COMMENTS Councilmember Tinaiero • Expressed that the City Council is not and has not been supportive of the current federal government's immigration enforcement activities • Congratulated Councilmember Martinez for a successful softball tournament fundraising event with people from the entire City participating; thanked the volunteers and encouraged the Council to continue similar future events as this one Councilmember Benavides • Commended the community for attending and voicing their opinions on an unpopular issue and reiterated that the City is not supportive of the current federal government's immigration enforcement activities • Wished everyone a safe 4t" of July Holiday • Announced that he has office hours on the first weekend of the every month at the Southwest Senior Center, 9:00 a.m.- 12:00 p.m. and invited everyone to come out to meet with him- . Mayor Pro Tem Alvarez • Announced that she had attended the major renovation of the EI Salvador Park Recreation Center celebration CITY COUNCIL MINUTES 238 JULY 2, 2007 COMMENTS • Expressed appreciation of all the speaker comments this evening and noted that the Santa Ana Police Department has taken a position not to support the Federal government's current enforcement immigration activities Councilmember Sarmiento • Noted that he agreed with his colleagues on the immigration issue • Noted several successful community events this past weekend including the Pio Pico softball tournament fundraiser with positive things happening in the community • Encouraged all residents to exercise their voice to their Federal representatives on the current Federal government's immigration enforcement activities • Wished everyone to have a safe 4th of July Holiday Councilmember Martinez • Thanked the sponsors, Boy's & Girls Club, volunteers, City Manager, City of Santa Ana, Empowerment Zone, O.C. Supervisor Nguyen, County of Orange, Chair Lynette Verino, Sergio Verino, Yvette Aguilar, Commissioners and colleagues for their support in making the softball tournament fundraiser a success, raising $10,000 • Announced she had recently attended the NALEO Conference • Urged everyone to attend upcoming community events Councilmember Bustamante • Thanked all the speakers for their comments and echoed his colleagues position on the immigration issue • Congratulated the Kiwanis Club for their event at Thornton Park • Wished everyone a happy safe and sane 4th of July Holiday Mayor Pulido • Thanked Floral Park for the 4th of July neighborhood event • Announced a free citizenship workshop at Santa Ana College, July 21, 2007, 7:00 a.m. - 7:00 p.m. • Reminded everyone to celebrate the 4th of July safely ADJOURNMENT - 9:24 p.m. ., D 3~. ~ Rose Ann Trujillo Senior Deputy Clerk of the Council CITY COUNCIL MINUTES 239 JULY 2, 2007