HomeMy WebLinkAbout2007-10-01 Regular
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
SANTA ANA, CALIFORNIA
OCTOBER 1, 2007
CALLED TO ORDER
COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
6:07 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:
CATHY STANDIFORD, Assistant City
Manager
JOSEPH W. FLETCHER, City Attorney
RITA L. GALLARDO, Chief Assistant Clerk
of the Council
INVOCATION
Melissa Rusler, Police Chaplain
EMPLOYEE SERVICE AWARDS
MAYOR PULIDO
25 YEARS OF SERVICE
James B. Livingston
Jeffry C. Talmage
Fire Safety Specialist III, Fire Department
Paramedic, Fire Department
30 YEARS OF SERVICE
Ronald H. Leftige
Firefighter, Fire Department
PRESENTATIONS
PROCLAMATION presented by MAYOR PULIDO to Sister Eileen McNerney for being
recognized as a "Purpose Prize Fellow".
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PROCLAMATION presented by MAYOR PULIDO to The International Dyslexia
Association proclaiming October as "Dyslexia Awareness Month".
CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the new 2007-
2008 ComLink Board of Directors in recognition of their newly elected positions.
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Eric
Scandrett in recognition of his financial sponsorship of the 20th Annual "Most Beautiful
Yard Program".
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ
recognizing Erick, Jessica and Rachel Cave for their courage and personal sacrifice in
living without a car.
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent Calendar:
. Addition of Closed Session Report. (19.A.)
. Councilmember Bustamante abstained on Item 23.B.
. Councilmember Bustamante pulled Item 23.0. for separate discussion
Motion:
Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez
SECOND: Benavides
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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.
ADMINISTRATIVE MATTERS
MINUTES
Motion:
Approve minutes. (Item 10.A. -10.B.)
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CONSENT CALENDAR
10A REGULAR MEETING MINUTES OF SEPTEMBER 17, 2007
10.B. ADJOURNED REGULAR MEETING MINUTES OF SEPTEMBER 17,
2007
NOTICE OF PUBLIC HEARING
12A ABANDONMENT NO. 06-04 - CONTINUATION OF PUBLIC HEARING
TO VACATE A PORTION OF GRAND AVENUE AND FAIRHAVEN
AVENUE INTERSECTION
Motion:
Continue the public hearing for the vacation of a portion of land at the
northeast corner of Grand Avenue and Fairhaven Avenue to November 5,
2007.
BOARDS/COMMISSIONS/COMMITTEES
13.A. VACANCY REPORT - SEPTEMBER 26,2007
The Vacancy Report reflects only appointments made by the Council.
Motion:
Receive and file.
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
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CONSENT CALENDAR
MISCELLANEOUS ADMINISTRATION
19.A. CLOSED SESSION REPORT
Motion:
1. Adopt a resolution.
RESOLUTION NO. 2007-069 - A resolution of the City Council of the
City of Santa Ana to amend Resolution No. 91-066 to adjust the salary
and add special compensation provisions for the unrepresented
executive management classification of Fire Chief (EM).
2. Confirm public appointment, Marc Martin, Fire Chief, Santa Ana
Fire Department
19.B. EXCUSED ABSENCES - None
19.C. YEAR-END COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
UPDATE
Motion:
Receive and File.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion:
Award in accordance with Requests for Council Action. (22.A.-
22.E.)
22.A. SPEC. NO. 07-076 - COMPACT PICKUP TRUCKS - PUBLIC WORKS
AGENCY - Award a contract to Lake Chevrolet in the amount not to
exceed $346,787 - Finance & Management Services Agency
22.B. SPEC. NO. 04-103 - TRAFFIC LINE PAINTING AND TRAFFIC SIGN
MAINTENANCE - PUBLIC WORKS AGENCY - Renew the contract with
Orange County Striping Service, Inc., for a one-year period in an amount
not to exceed $451,464 - Finance & Management Services Agency
22.C. SPEC. NO. 06-152 - MISCELLANEOUS PLUMBING SUPPLIES - Renew
the contract with Irvine Pipe & Supply, Inc., for a one-year period in an
amount not to exceed $75,000 - Finance & Management Services Agency
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CONSENT CALENDAR
22.0. (BID SPEC. 07-075) - COOLING SUIT UNDERGARMENTS - POLICE
AND FIRE DEPARTMENTS - Award a contract to Wilcox Industries Corp.
in the amount of $26,478.49 - Finance & Management Services Agency
22.E. SPEC. NOS. 07-077, 07-078, AND 07-079 - PASSENGER VEHICLES,
VANS, AND HYBRID UTILITY VEHICLES - POLICE DEPARTMENT -
Finance & Management Services Agency
Motion:
1. Award a contract to Bob Stall Chevrolet for the purchase of seven
midsize passenger vehicles in an amount not to exceed $142,472.
2. Award a contract to Villa Ford for the purchase of seven hybrid
utility vehicles in an amount not to exceed $196,569; and increase
the aggregate limit for miscellaneous vehicle parts and repairs in
an amount not to exceed $25,000 annually.
3. Award a contract to George Chevrolet for the purchase of six
passenger and cargo vans in an amount not to exceed $139,999.
PROJECTS MAINTENANCE. REHABILITATION, IMPROVEMENT,
CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES
23.A. CONTRACT AWARD FOR MAIN STREET REHABILITATION; WALKIE
WAY TO NORTH CITY LIMITS, 8TH STREET TO 18TH STREET,
COLUMBINE TO SUNFLOWER; MAIN STREET WATER MAIN FROM
8TH TO WASHINGTON (PROJECT NOS. 06-1009,06-1010,06-1011 AND
07 -3205)
Motion:
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $1,989,989 for construction of Main Street
Rehabilitation and Water Main.
2. Approve a Funding Analysis with a total estimated construction
cost of $2,486,100.
23.B. CONTRACT AWARD FOR FOURTH STREET AND TUSTIN AVENUE
REHABILITATION (PROJECT NOS. 06-1717 AND 06-1019)
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CONSENT CALENDAR
Motion:
1. Award a contract to R.J. Noble Company, the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $1,482,555 for construction of Fourth Street and Tustin
Avenue.
2. Approve a Funding Analysis with a total estimated construction
cost of $1,853,400.
Councilmember Bustamante abstained on Item 23.B. due to possible
business conflict.
23.C. CONTRACT AWARD FOR FIRST STREET REHABILITATION AND
WATER AND SEWER IMPROVEMENTS, AND SEGERSTROM AND
WARNER AVENUES REHABILITATION (PROJECT NOS. 06-1008, 06-
1007,06-1005,07-3207 AND 07-3516)
Motion:
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $5,215,174 for construction of First Street
Rehabilitation and Water and Sewer Improvements, and
Segerstrom and Warner Avenues Rehabilitation.
2. Approve a Funding Analysis with a total estimated construction
cost of $7,499,300.
23.D. CONTRACT AWARD FOR SANTA CLARA AVENUE, AND
SEVENTEENTH AND BRISTOL STREETS REHABILITATION
(PROJECT NOS. 06-1012, 06-1018 AND 06.1715)
Motion:
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $2,219,936 for construction of Santa Clara Avenue, and
Seventeenth and Bristol Streets.
2. Approve a Funding Analysis with a total estimated construction
cost of $3,052,600.
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CONSENT CALENDAR
MOTION: Bustamante
SECOND: Alvarez
VOTE:
AYES:
NOES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
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.A.
through 25.G.)
25.A. AGMT NO. 2007-223 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-04 - With Eric E. and Lynn T. Renezeder,
Trustees of the Renezedar Family Trust, for the structure at 2357 North
Riverside Drive - Planning & Building Agency
25.B. AGMT NO. 2007-224- HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-05 - With Mark Rothenberg and Lauren Tarkow
for the structure at 2415 North Poinsettia Street - Planning & Building
Agency
25.C. AGMT 2007-225 - PURCHASE AGREEMENTS FOR 818 S. BRISTOL
STREET (PROJECT 06-1500) - With R. Barbara Farkas, Trustee of the
Farkus Trust dated December 20, 1988 for the purchase of the residential
property located at 818 S. Bristol in the amount of $635,000 - Public
Works Agency
25.D. AGMT NOS. 2007-226 AND 2007-227 - TRAFFIC COUNTING SERVICES
PROJECT (PROJECT NO. 5512) - With National Data & Surveying
Services and Transportation Studies, Inc. for an amount not to exceed
$50,000, with an option to extend the agreements for one additional year-
Public Works Agency
25.E. AGMT NO. 2007-228 - UNDERGROUND FUEL TANKS ANNUAL
INSPECTION -Execute an amendment with Pacific Systems Electric in an
amount not to exceed $76,000 - Finance & Management Services Agency
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CONSENT CALENDAR
25.F. AGMT NO. 2007-229 - LIBRARY AUTOMATION SYSTEM SERVICE
AND SUPPORT - Execute an amendment with The Library Corporation,
Inc. for a total amount not to exceed $27,500 - Library
25.G. AGMT NO. 2007-230 - MAIN STREET REHABILITATION FROM
WALKIE WAY TO NORTH CITY LIMIT - With the City of Orange - Public
Works Agency
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
55.A. RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE OF
CALIFORNIA RECREATIONAL TRAILS PROGRAM
Motion:
1. Adopt a resolution.
RESOLUTION NO. 2007- 070 - A resolution of the City Council of the
City of Santa Ana approving the application for grant funds from the
Recreational Trails Program to rehabilitate the Golden Loop
Recreational Trail
2. Approve the Categorical Exemption (ER No. 2007-147) for the
above listed project.
MOTION: Alvarez
SECOND: Sarmiento
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55.B. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA
RIVER PARKWAYS GRANT PROGRAM
Motion:
1. Adopt a resolution.
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BUSINESS CALENDAR
RESOLUTION NO. 2007-071 - A resolution of the City Council of the
City of Santa Ana approving the application for grant funds from the
California River Parkways Grant Program under the Water Security,
Clean Drinking Water, Coastal and Beach Protection Act of 2002
(Proposition 50) to enhance Edna Park
2. Adopt a resolution.
RESOLUTION NO. 2007-072 - A resolution of the City Council of the
City of Santa Ana approving the application for grant funds from the
California River Parkways Grant Program under the Water Security,
Clean Drinking
Water, Coastal and Beach Protection Act of 2002 (Proposition 50) to
enhance the 1ih Street Triangle
3. Receive and file Negative Declaration for Environmental Review
No. 06-170.
MOTION: Alvarez
SECOND: Tinajero
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sanmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55.C. RESOLUTION TO DEVELOP A YOUTH AND FAMILY MASTER PLAN
Continued from the July 2, 2007 City Council Meeting by a vote of 7-0;
Continued from the August 6, 2007 City Council Meeting by a vote of 6-1
(Martinez, no); August 20, 2007 City Council Meeting by a vote of 6-0
(Pulido absent)
Alex Flores spoke in support of the Youth and Family Master Plan.
Motion:
Adopt a resolution.
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BUSINESS CALENDAR
RESOLUTION NO. 2007-073 - A resolution of the City Council of the City
of Santa Ana declaring its commitment to be a catalyst for the positive
development of young people
MOTION: Bustamante
SECOND: Martinez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55.D. RESOLUTION SUPPORTING SB 1 AND THE FEDERAL DREAM ACT
(S.774)
Motion:
Continue matter to the November 5, 2007 City Council meeting and
agendize as a City Council Agenda 85.A. item.
MOTION: Benavidez
SECOND: Martinez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75.A. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2007-04
TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO
DEFINE AND BAN MEDICAL MARIJUANA DISPENSARIES IN ALL
ZONES AND ORDINANCE AMENDMENT NO. 2007-02 TO AMEND
CHAPTER 18 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES
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BUSINESS CALENDAR
Filed by the City of Santa Ana to amend Chapter 41 of the Santa Ana
Municipal Code to define and ban medical marijuana dispensaries in all
zones and to amend Chapter 18 to prohibit medical marijuana
dispensaries in the City.
Recommended action approved by the Planning Commission at its
September 24, 2007 by a vote of 6-0 (Munoz absent)
Legal Notice published in the Orange County Reporter on September 21,
2007
Staff Presentation by Jay Trevino, Executive Director, Planning & Building
Agency
No written communication
Maria Estrada, Billy Joe, and Stanley Fiala spoke in opposition to the
Zoning Ordinance Amendment as presented to Council.
Public hearing closed.
Motion:
Place ordinance on first reading and authorize publication and
accept the recommendation of the Planning Commission's provision
to revisit the issue in two years.
ORDINANCE - An ordinance of the City Council of the City of Santa Ana
adding Article XIII to Chapter 18, and adding Section 41-121 and
amending Section 41-144 of the Santa Ana Municipal Code to prohibit the
establishment and operation of medical marijuana dispensaries
MOTION: Alvarez
SECOND: Sarmiento
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Councilmember Tinajero declared a conflict of interest on Item 75. B. due
to the proximity of the project to his residence, abstained, and left the
room.
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BUSINESS CALENDAR
75.B. PUBLIC HEARING - AMENDMENT APPLICATION NO. 2007-02,
SPECIFIC DEVELOPMENT NO. 81, TENTATIVE TRACT MAP NO. 2007-
04 (COUNTY MAP NO. 17071) AND SITE PLAN REVIEW NO. 2007-02
TO CHANGE THE ZONING FROM ARTERIAL COMMERCIAL TO
SPECIFIC DEVELOPMENT NO. 81 AND TO SUBDIVIDE A LOT INTO 47
PARCELS AT 3321 SOUTH FAIRVIEW STREET
Legal Notice published in the Orange County Reporter on September 21,
2007
Filed by Alton LLC to change the zoning designation of a parcel from
Arterial Commercial (C5) to Specific Development No. 81 and approve a
tract map to allow a 38 unit single-family detached condominium project at
3321 South Fairview Street.
Applicant: Alton LLC
Staff presentation by Jay Trevino, Executive Director of Planning &
Building Agency
No written communication
Jim Manning, Applicant, spoke in support of the project as presented to
the City Council.
Thomas Gordon requested General Plan information.
Francisco Romero spoke in support of affordable housing in the City of
Santa Ana.
George Collins requested a traffic study for the proposed project area.
Motion:
Continue public hearing to the November 5, 2007 City Council meeting.
MOTION: Alvarez
SECOND: Martinez
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Pulido (6)
NOES: None (0)
ABSTAIN: Tinajero (1)
ABSENT: None (0)
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BUSINESS CALENDAR
75.C. PUBLIC HEARING - 2007/08 SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND GRANT
Legal Notice published in the Orange County Reporter on September 21,
2007
Staff presentation by Police Chief Paul Walters
No written communications.
No speakers; public hearing closed
Motion:
Adopt a resolution.
RESOLUTION NO. 2007-074 - A resolution of the City Council of the City
of Santa Ana to approve the proposed expenditure plan for the 2007-
2008 Supplemental Law Enforcement Services Fund
MOTION: Alvarez
SECOND: Sarmiento
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COUNCIL AGENDA ITEMS
Pursuant to Charter Section 411, any member of the City Council may place items on
the City Council Agenda to be considered by the City Council.
85.A. INCLUSION OF COLLECTIVE BARGAINING AGREEMENT
REQUIREMENT IN THE REQUEST FOR PROPOSALS (RFP) FOR
PARKING LOT MANAGEMENT SERVICES (ALVAREZ, SARMIENTO,
TINAJERO)
Continued from the September 17,2007 City Council Meeting by a vote of
7-0
Motion:
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BUSINESS CALENDAR
Direct Staff to include the following language in the pending RFP for
parking services currently being prepared by the Community
Development Agency:
"Please characterize your company's labor relations program and
union representation, if any."
. Are the employees who will be staffing City facilities currently
represented by a recognized labor union or governed by a
collective bargaining agreement?
. If represented, which union or association is recognized?
. If there is a collective bargaining agreement, when is it scheduled
to expire?
In the past 3 years, has the company been involved in any labor
representation or collective bargaining disputes with one or more
labor organizations?
. If so, explain.
. Are any of those disputes still outstanding?
. If still outstanding, would any of those have an impact upon the
company's ability to carry out the City's work if awarded the
contract?
In the past 3 years, have there been any strikes or labor actions
undertaken against the company that resulted in a work stoppage?
If so, explain.
MOTION: Alvarez
SECOND: Tinajero
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (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 7:45 P.M.
COUNCIL RECONVENED AT 7:54 P.M. WITH ALL MEMBERS PRESENT
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COMMENTS
90.A. PUBLIC COMMENTS
Stanley Fiala spoke on the issue of liability of free speech; Alex Vega
commented on the positive aspects of living in the City of Santa Ana;
Melanie Flores spoke as an advocate on behalf of the Early Prevention
Intervention Commission (EPIC) and requested additional support from
the Council for the commission; Harvey De La Torre spoke in support of
free speech; Art Pedroza stated he looked forward to working with the City
of Santa Ana towards success in the community; Sean Mill commented on
several events from the past weekend in the City; Claudio Gallegos
requested the City to consider a gang injunction; George Estrada and
Lisann Martinez commented on various civic issues; Laura Morfin,
Francisco Romero, and Miguel Gonzales addressed the Council relative to
matters under the general jurisdiction of the Council.
90.B. CITY COUNCIL COMMENTS
Council member Tinaiero
. Congratulated staff and students at Godinez High School for their
accomplishments over the recent weekend and discussed several
statistics related to the importance of education.
. Reiterated his commitment to the education of youth and the
importance of working together to meet goals.
Councilmember Benavides
. Commented on several groups and organizations in the City which are
involved in issues related to youth.
. Acknowledged the acquisition of additional funds for arterials
improvements.
. Announced several events in the City and his involvement in the
neighborhood cleanup.
. Invited residents to his community office located at Southwest Senior
Center from 9:00 a.m. to noon on the first Saturday of each month.
Mavor Pro Tem Alvarez
. Reiterated the Council's commitment to addressing the many issues of
the City.
. Announced that the housing application process opened for Section 8
and that applications will be accepted from October 1, 2007 through
November 30, 2007
Council member Sarmiento
. Noted Homeownership Preservation Workshop to be held October 4,
2007 at 6:00 p.m. at the Southwest Senior Center to address issues
and stated various resources will be available.
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COMMENTS
· Announced the City Community Block Grant application process is
underway and urged the public to submit their applications.
· Announced the City recently won an Air Quality Management District
Improvement Award and the award ceremony will be held on October
18,2007.
· Commented on the soccer tournament held last Sunday and the great
turnout for this event.
Council member Martinez
· Clarified that the entire Council does support EPIC and their goals, and
that by working together the City will be successful.
· Announced several events in the City including Disabilities Month to be
celebrated in the month of October.
· Asked staff to investigate the sign at Chapa Park and stated Supervisor
Nguyen offered $5,000 towards the purchase of a permanent sign.
Councilmember Bustamante
· Reiterated his commitment to the common goal of success in the City of
Santa Ana and commented on his past volunteer service in the
community.
· Stated the Council as a whole contributes to the common goal of
making Santa Ana a better place.
Mavor Pulido
· Stated that the Council presence at commission meetings may impact
the meeting and that commissioners should be able to communicate
their views and/or concerns to their Councilmember.
· Thanked staff for their work with Fiestas Patrias and noted it was a
wonderful event; requested that staff discuss options for future events
and the impact on staffs time.
ADJOURNMENT - 9:00 p.m.
J!!t.~
Chief Assistant Clerk of the Council
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