HomeMy WebLinkAbout2007-11-05 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
SANTA ANA, CALIFORNIA
NOVEMBER 6, 2007
CALLED TO ORDER COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
SANTAANA, CALIFORNIA
6:09 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
JOSEPH W. FLETCHER, City Attorney
PATRICIA HEALY, Clerk of the Council
CATHY STANDIFORD, Assistant City
Manager
INVOCATION Gary Tucker, Police Chaplain
20 YEARS OF SERVICE
Donna J. Schultze Recreation Supervisor, Parks, Recreation &
Community Services Agency
30 YEARS OF SERVICE
Marylou Sepulveda Senior Accounting Assistant, Public Works Agency
David C. Lopez Fire Engineer, Fire Department
PRESENTATIONS
PROCLAMATION presented by MAYOR PULIDO to Alfredo Amezcua in the Memory of
Margarita Solorzano.
PROCLAMATION presented by MAYOR PULIDO to Patricia Davenport and Judy
Sampson in the Memory of Emma Ruth Davenport.
CITY COUNCIL MINUTES 347 Nvvr-moCn a, cuvt
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
KidSingers, in recognition of their dedication and investment in the City of Santa Ana's
"At -Risk Youth".
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
Patrick Hoang Phong Le & Phillip Hoang Phong Le, congratulating them on the receipt
of their Eagle Scout Awards.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE
to Adams Elementary, Carver Elementary, Diamond Elementary, Edison Elementary, El
Sol Science & Arts Academy, Harvey Elementary and Monte Vista Elementary, in
recognition of being named among the "Top 10 Most Improved Schools in Orange
County".
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to
Peggy Butler for her $25,000 donation to the Santa Ana Zoo at Prentice Park.
PROCLAMATION presented by COUNCILMEMBER TINAJERO recognizing Erasmo
Ramirez for his athletic accomplishments and a CERTIFICATE OF RECOGNITION
presented to Mr. & Mrs. Ramirez for their wonderful parenting.
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent
Calendar:
• Addition of Closed Session Report. (19.A.)
• Mayor Pro Tern Alvarez voted "no" on Item 19.C.
• Mayor Pro Tern Alvarez pulled Item 20.A. for separate discussion
Motion:
Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 348 NOVEMBER 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
ADMINISTRATIVE MATTERS
Motion:
Approve minutes. (Item 10.A.)
10.A. REGULAR MEETING MINUTES OF OCTOBER 15, 2007
ORDINANCESISECOND READING
In the event a Councilmember recorded an "abstention" before
consideration of the following ordinance(s) on first reading, such
abstention will also be reflected in the minutes for second reading.
11.A. 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
Placed on first reading at the October 1, 2007 City Council meeting and
approved by a vote of 7-0
Legal notice published in The O.C. Reporter on October 5, 2007
Motion:
Place ordinance on second reading and adopt.
ORDINANCE NS - 2758 - 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
BOARDSICOMMISSIONSICOMMITTEES
13.A. VACANCY REPORT — OCTOBER 31, 2007
CITY COUNCIL MINUTES 349 NOVEMBER 5, 2007
CONSENT CALENDAR
The Vacancy Report reflects only appointments made by the Council.
Motion:
Receive and file.
BOARD/COMMISSION VACANCIES WARD
Community Redevelopment 2 Tenant & 5
Housing Commission
Library 1 6
Youth Commission - Alternate 5 2,3, 4,5 & 6
Youth Commission Associate 6 1,3,4,5,6 & Mayor
Youth Commission - Regular 1 1
Personnel Board 1 5
TOTAL 16
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
TOTAL
5
13.B. COUNCIL COMMITTEE REPORTS
Committee Name
Date
Development
08/30/07
Public Safety
08/28/07
Development
09/20/07
Public Safety
09/25/07
13.C. BOARDS AND COMMISSIONS
BI-ANNUAL
ATTENDANCE REPORT
MARCH 2O07 THROUGH SEPTEMBER 2007
Motion:
Receive and file Boards and Commissions Bi-Annual Attendance
Report.
APPOINTMENTS
13.D. APPOINTMENT OF MEMBER TO THE SANTA ANA WORKFORCE
INVESTMENT BOARD
CITY COUNCIL MINUTES 360 NOVEMBER 5, 2007
CONSENT CALENDAR
13.E.
131
Motion:
Appoint Ms. Georgina Maldonado, Regional Community Programs
Manager, Health Net of California as a private sector member on the
Santa Ana Workforce Investment Board.
APPOINTMENT
Motion:
Appoint Norma C. Gonzalez to the Human Relations Commission
nominated by Mayor Pulido as the At Large representative for a full
term expiring December 9, 2008. (replacing Betsy Benton)
APPOINTMENT
Motion:
Appoint Joe F. Ramirez to the Personnel Board nominated by
Councilmember Tinajero as the Ward 6 representative for a full term
expiring December 14, 2010. (replacing Charles L. Dobson)
CLERK OF THE COUNCIL POSTING REPORT
The following notices were posted pursuant to the the Maddy Act. Board and
Commission resignations are posted on the door of the Council Chambers at 22 Civic
Center Plaza
15.A.
15.6.
15.C.
15.D.
15.E
Boards/Commission Resignation
Richard X. Tran, Library
Michael G. Kanda, WIB
Megan Kluken, Youth (alternate)
Effective Posted Time
08/06/07
09/14/07
06/30/07
Nelida Yanez, Community Redevelopment/
Housing Commission 10/01/07
Betsy Benton, Human Relations Commission
09/12/07
155. Diana Lara, Youth Commission (Alternate)
02/01 /07
CITY COUNCIL MINUTES 351
09/19/07 5:00 p.m.
09/19/07 5:00 p.m.
09/19/07 5:00 p.m.
10/03/07 8:10 a.m.
10/17/07 9:00 a.m.
10/24/07 4:10 p.m.
NOVEMBER 5, 2007
CONSENT CALENDAR
FINAL MAP NOTIFICATIONS
Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has
received these Final Maps and is in the process of reviewing the maps for final
approval. The City Engineer shall approve or disapprove these maps within 10 days of
this City Council meeting.
17.A. FINAL PARCEL MAP NO. 2006-233 - 1043 AND 1045 EAST FOURTH
STREET
Motion:
Receive and file.
17.13. FINAL PARCEL MAP NO. 16836 — 2100 S. SUSAN STREET
Motion:
Receive and file.
MISCELLANEOUS ADMINISTRATION
19.A. CLOSED SESSION REPORT
Motion:
Approve settlements:
Compromise and Release - Loren Moyer, ANA 0341992; $214,792
Compromise and Release - Brian Schreckler ANA 0356115, $20.000
LIABILITY CLAIMS pursuant to Government Code Section 54956.95
Claimants: Kathleen Little, $6,500
Henrietta Williams, $6,750
19.6. 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. (Finance &
Management Services Agency, Community Development Agency,
and City Manager's Office)
CITY COUNCIL MINUTES 352 NOVEMBER 5, 2007
CONSENT CALENDAR
Mayor Pro Tern Alvarez voted "No" on Item 19.C.
19.D. INVESTMENTS REPORT - QUARTERLY REPORT OF INVESTMENTS
AS OF SEPTEMBER 30, 2007 — FINANCE & MANAGEMENT SERVICES
AGENCY
Motion:
Receive and file report
19.E. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY
MANAGER
Motion:
Receive and file the Quarterly Report of Contracts entered into by the
City Manager between July 1 and September 30, 2007 valued at
$25,000 and less.
APPROPRIATION ADJUSTMENTS
20.A. APPROPRIATION ADJUSTMENT ACCEPTING FY 2007 HOMELAND
SECURITY GRANT PROGRAM
Motion:
1. Adopt a resolution.
RESOLUTION 2007-075 - Authorizing the City Manager and the Chief
of Police to execute a grant award agreement with the State of
California, Office of Homeland Security for the FY 2007 Urban Areas
Security Initiative funding program in the amount of $11,072,000.
2. Direct the City Attorney to prepare and authorize the Police and
the Clerk of the Council to enter into reimbursement agreements.
AGMTS (Number of Agmts unknown) - EQUIPMENT, SERVICES, OR
TRAINING - With the County of Orange or any of the cities located in
the designated Anaheim/Santa Ana Urban Area.
3. Approve an appropriation adjustment. (Requires five affirmative
votes)
CITY COUNCIL MINUTES 363 NOVEMBER 5, 2007
CONSENT CALENDAR
APPROPRIATION ADJUSTMENT NO. 08-038 - Recognizing the FY
2007 Urban Areas Security Initiative grant funds in the amount of
$11,072,000 in revenue account and appropriate same in the FY 2007
Urban Areas Security Initiative Program Grant expenditure accounts.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
20.B. APPROPRIATION ADJUSTMENT ACCEPTING THE 2007 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 08-039 - Recognizing the 2007
Edward Byrne Memorial Justice Assistance Grant in the amount of
$97,393 into the revenue account and appropriate same into the 2007
Edward Byrne Memorial Justice Assistance Grant overtime account.
2. Authorize the City Manager, Chief of Police, and the Clerk of the
Council to execute an agreement.
AGMT A-2007-232 - With the County of Orange, Sheriffs Department
to transfer the 2007 Edward Byrne Memorial Justice Assistance Grant
Program funds in the amount of $194,786.
20.C. APPROPRIATION ADJUSTMENT FOR THE INSTITUTE OF MUSEUM
AND LIBRARY SERVICES GRANT AWARD AND AGREEMENT WITH
HUNT DESIGN TO PROVIDE MASTER GRAPHICS PLAN AT SANTA
ANA ZOO
Motion:
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
�1I r wunciL menu i E5 354 NOVEMBER 5, 2007
CONSENT CALENDAR
APPROPRIATION ADJUSTMENT NO. 08-045 - Recognizing
$150,000 in the Institute of Museum and Library Services grant
revenue account and appropriate same to the Institute of Museum and
Library Services expenditure account for a Master Graphics Plan at the
Santa Ana Zoo.
2. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement.
AGMT A-2007-233 - With Hunt Design to create a master graphics
plan at the Santa Ana Zoo in an amount not to exceed $70,000 —
Parks, Recreation & Community Services Agency
20.D. APPROPRIATION ADJUSTMENT - CALHOME PROGRAM
Motion:
Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 08-043 — Recognizing $600,000 in
Calhome Program Funds and appropriating the same.
GRANTS/APPLICATIONS
21.A. FY 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS
GRANT PROGRAM
Motion:
Adopt a resolution.
RESOLUTION 2007-076 - A resolution of the City Council of the City of
Santa Ana authorizing the City Manager and the Chief of Police to submit
a grant application to the State of California Office of Homeland Security
for the FY2007 Public Safety Interoperable Communications Grant
Program
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion:
Award in accordance with Requests for Council Action. (22.A. —
22.H.)
CITY COUNCIL MINUTES 365 NOVEMBER 5, 2007
CONSENT CALENDAR
22.A. SPEC. NO. 05-050 - FLOOR COVERING SERVICES - Renew the
contract with JJJ Floor Covering, Inc., for a one-year period in an amount
not to exceed $85,000 — Finance & Management Services Agency
22.13. SPEC. NO. 06-135 - PRINTER CARTRIDGES - Approve the second -year
funding of a two-year contract with Software House International in the
amount of $125,000 - Finance & Management Services Agency
22.C. SPEC. NO. 06-139 - BRASS, GALVANIZED, AND PVC IRRIGATION
SUPPLIES — PARKS, RECREATION & COMMUNITY SERVICES AND
PUBLIC WORKS AGENCIES - Renew the contract with Ferguson
Waterworks for a one-year period in an amount not to exceed $27,000 -
Finance & Management Services Agency
22.D. SPEC. NO. 07-078 - HYBRID UTILITY VEHICLE - Amend the contract
with Villa Ford in the amount not to exceed $27,239 - Finance &
Management Services Agency
22.E. SPEC. NO. 07-086 - VEHICLE BODY REPAIR - FINANCE &
MANAGEMENT SERVICES AGENCY- Award contracts for a one-year
period, with provision for two, one-year renewals, in the annual aggregate
amount not to exceed $150,000 with the following Santa Ana vendors:
Doffo Automotive, Inc. 1 Day Paint & Body Centers, Inc.
Eleganze Auto Body Shop Top Finish Collision Center Inc.
Kelly's Body Shop Inc.
22.F. SPEC. NO. 05-091 - REPROGRAPHICS SERVICES - FINANCE &
MANAGEMENT SERVICES AGENCY - Renew the contracts for
reprographics services for a one-year period in a total annual aggregate
amount not to exceed $65,000 with:
Vendor:
American Reprographics Co
d/b/a Consolidated Reprographics
Bodourian Inc. d/b/a Color Copy Center
FedEx Kinko's Office and Print Services, Inc.
OCB Reprographics
SABP Reprographics
22.G. SPEC. NO. 07-087 - OEM VEHICLE PARTS AND REPAIRS - FINANCE
& MANAGEMENT SERVICES AGENCY - For a one-year period, with
provision for two, one-year renewals, in the annual aggregate amount not
to exceed $200,000 with the following vendors:
CITY COUNCIL MINUTES 366 NOVEMBER 6, 2007
CONSENT CALENDAR
Power Chevrolet Irvine
Showcase Chevrolet
McCoy Motor Co. inc. d/b/a Mills Ford
Power Ford Tustin
Villa Ford
22.H. SPEC. NO. 07-091 - DIESEL EXHAUST REMOVAL SYSTEM — FIRE
DEPARTMENT - Award a contract to Air Cleaning Systems, Inc., in an
amount not to exceed $129,176 - Finance & Management Services
Agency
PROJECTS — MAINTENANCE, REHABILITATION, IMPROVEMENT,
CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES
23.A. CONTRACT AWARD FOR SEVENTEENTH STREET SEWER LINING
(PROJECT 07-3517)
Motion:
Award a contract to InsituForm Technologies, Inc., in the amount of
$66,600.00 for installation of the Seventeenth Street Sewer Lining.
BUDGETARY MATTERS
Motion:
Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements. (Items 25.A.
through 25.0.)
25.A. AGMT A-2007-234 - COMPREHENSIVE ONE -STOP CENTER
MEMORANDUM OF UNDERSTANDING FOR PROGRAM YEAR 2007-
2008 - Execute an extension of the One -Stop Operator Memorandum of
Understanding —Community Development Agency
25.13. AGMT A-2007-235 — INFORMATION TECHNOLOGY AND COMPUTER
SUPPORT SERVICES — Execute an amendment with Sapphire
Technologies in an aggregate amount not to exceed $600,000 — Fire
Department
25.C. AGMT A-2007-236 - INSTALLATION AND REMOVAL OF EQUIPMENT
FOR EMERGENCY VEHICLE - With 911 Vehicle in an amount not to
exceed $35,000 — Fire Department
CITY COUNCIL MINUTES 357 NOVEMBER 5, 2007
CONSENT CALENDAR
25.D. AGMT A-2007-237 - PLAN CHECK SERVICES - With Willdan in an
amount not to exceed $55,000 — Planning and Building Agency
25.E. AGMT A-2007-238 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-07 - With Alfonso and Patricia T. Bustamante,
Joel Torres and Laurie Hampton for the apartment structures located at
the primary address of 2201 North Broadway (inclusive of 2201-2205'/2
North Broadway and 211-219% West Buffalo Street) - Planning and
Building Agency
25.F. AGMT A-2007-239 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-08 - With Alfonso and Patricia T. Bustamante of
the Bustamante Family Trust dated March 8, 2006 for the structure
located at 819 North Spurgeon Street - Planning and Building Agency
25.G. AGMT A-2007-240 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-09 - With Stephen and Patricia Eisenhaur for the
structure located at 2414 North Bonnie Brae - Planning and Building
Agency
25.H. AGMT A-2007-241 - CONSULTING SERVICES - With Alternet Networks,
Inc. in an amount not to exceed $45,000 — Police Department
25.1. AGMT A-2007-242 - ASSET FORFEITURE CONSULTING SERVICES -
Execute a one-year agreement with two, one-year renewal options with
Joseph R. La Rosa Jr., in an annual amount not to exceed $36,000 —
Police Department
25.J. AGMT A-2007-243 — SERVICES - Execute an amendment to the
agreement with Graffiti Trackers in the amount of $148,000 for a total not
to exceed contract amount of $233,000 — Public Works Agency
Speaker Thomas Gordon spoke in support of graffiti removal in the City of
Santa Ana.
25.K. AGMT A-2007-244 - WATER SYSTEM MAPPING SERVICES - Execute
an amendment with (Water, Inc. in the amount of $247,126 for a total not
to exceed contract amount of $421,647 - Public Works Agency
251. AGMT A-2007-245 - SEWER SYSTEM FATS, OILS AND GREASE
CONTROL PROGRAM - With Environmental Engineering and
Contracting, Inc. for a one year term with the option to extend for a second
one year term in the amount of $180,000 per year — Public Works Agency
25.M. AGMT A-2007-246 - DOMESTIC WATER QUALITY TESTING SERVICES
- Execute an amendment with Clinical Laboratory of San Bernardino for
CITY COUNCIL MINUTES 358 NOVEMBER 5, 2007
CONSENT CALENDAR
domestic water quality testing in the bi-annual not to exceed amount of
$147,370 — Public Works Agency
25.N. AGMT A-2007-247 - CABLE TV CONSULTING SERVICES - Execute an
agreement with Communications Support Group for a one-year period in
an amount not to exceed $85,870 — Parks, Recreation & Community
Services Agency
25.0. AGMT A-2007-248 — WAGES AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT - Execute an agreement with Service Employees
International Union, Local 721, representing Part Time Civil Service
employees (30 hours) — Personnel Services Agency
LAND USE MATTERS
CONDITIONAL USE PERMITSIVARIANCES
31.A. CONDITIONAL USE PERMIT NO. 2007-03 TO CONSTRUCT A 55-FOOT
HIGH CELLULAR ANTENNA FOR T-MOBILE AT 1444 EAST
MCFADDEN AVENUE — TRILLIUM CONSULTING, APPLICANT
Filed by Jason Kozora for Trillium Consulting (T-Mobile) to construct a 55-
foot monopine wireless facility located in the Light Industrial (M1) zoning
district at 1444 East McFadden Avenue.
Recommended action approved by the Planning Commission at its
September 24, 2007 meeting by a vote of 6-0 (Munoz absent)
Applicant: Trillium Consulting
Motion:
Receive and file the staff report approving Conditional Use Permit
No. 2007-03 as conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
CITY COUNCIL MINUTES 359 NOVEMBER 5, 2007
BUSINESS CALENDAR
RESOLUTIONS
55.A. RESOLUTION APPROVING AND AUTHORIZING THE SUBMITTAL OF
THE CITY OF SANTA ANA'S ENTERPRISE ZONE APPLICATION
Motion:
1. Adopt a resolution.
RESOLUTION 2007-077 - A resolution of the City Council of the City of
Santa Ana approving and authorizing the submittal of the City of Santa
Ana's Enterprise Zone application
2. Authorize the Executive Director of the Community Development
Agency to prepare and submit an application to the State of
California Housing & Community Development Department for
Enterprise Zone designation
MOTION: Alvarez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
None (0)
None (0)
None (0)
55.13. RESOLUTION SUPPORTING ENERGY PARTNERSHIP AND
AGREEMENT WITH SOUTHERN CALIFORNIA EDISON TO DELIVER
ENERGY EFFICIENCY INFORMATION AND EDUCATION
Motion:
1. Adopt a resolution.
RESOLUTION 2007-078 - A resolution of the City Council of the City
of Santa Ana, California, declaring the City's support for an energy
partnership between Southern California Edison and the City of Santa
Ana
CITY COUNCIL MINUTES 360 NOVEMBER 5, zow
BUSINESS CALENDAR
55.0
55. D.
2. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreement
AGMT A-2007-249 — ENERGY EFFICIENT PROGRAMS — With
Southern California Edison in the amount of $200,000 — Public Works
Agency
MOTION: Alvarez
VOTE:
AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Tinajero
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
None (0)
None (0)
None (0)
ABANDONMENT NO. 07-02-S: TO VACATE A PORTION OF FLOWER
STREET AND WARNER AVENUE INTERSECTION
Motion:
Adopt a resolution.
RESOLUTION 2007-079 - A resolution approving the summary vacation
of 116 square foot irregular shaped portion of excess right-of-way on the
northwest corner of Flower Street and Warner Avenue (Abandonment No.
07-02-S)
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
RESOLUTION AUTHORIZING PARTICIPATION IN THE FEMA PRE -
DISASTER MITIGATION GRANT PROGRAM
CITY COUNCIL MINUTES 361 NOVEMBER 5, 2007
BUSINESS CALENDAR
Motion:
Adopt a resolution.
RESOLUTION 2007-080 - A resolution of the City Council of the City of
Santa Ana authorizing the filing of a Federal Emergency Management
agency (FEMA) Pre -disaster Mitigation Grant application for a Seismic
Mitigation Project for St. Joseph Hospital of Orange -South Building
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55.E. AMENDMENT TO RESOLUTION CALLING SPECIAL MUNICIPAL
ELECTION FOR THE SUBMISSION TO THE VOTERS OF THE
QUESTIONS ON CHANGES IN THE CITY CHARTER RELATED TO
TERM LIMITS
Art Pedroza, George Collins, and Sean Mills expressed concern and
opposition to the removal of term limits for the Mayor in the proposal to
change the City Charter; Alex Vega and Stanley Fiala spoke in opposition
to term limits
Council discussion ensued. Councilmember Benavides moved that the
proposal be amended to add term limits for the Mayor at three four year
terms, and he further suggested that the voters be given the option of
three four year terms for both Mayor and Council or no term limits for any
of the elected officials. Councilmember Martinez moved that the proposal
be amended to give the voters a choice on Mayoral term limits of three
four year terms (12 years) or four 4 year terms (16 years). There was no
second on the motion by Councilmember Martinez; she then seconded the
motion by Councilmember Benavides.
Motion:
CITY COUNCIL MINUTES 362 NOVEMBER 5, 2007
BUSINESS CALENDAR
Amend the Ad Hoc Committee recommendation by giving voters two
options: three four year terms for Mayor and Council, or, no term
limits for either Mayor or Council.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
Motion failed of adoption
Motion:
1. Adopt a Resolution:
SECOND: Martinez
Benavides, Martinez (2)
Alvarez, Bustamante, Sarmiento, Tinajero,
Pulido (5)
None (0)
None (0)
RESOLUTION NO. 2007-057-S1 — A Resolution of the City Council of
the City of Santa Ana amending Resolution No. 2007-057 calling for
and giving notice of a Special Municipal Election for submission to the
voters of questions relating to the amendment of the city Charter;
requesting the Orange County Board of Supervisors to consolidate the
Special Election with the February 5, 2008 Statewide Presidential
Nominating Election; setting forth the language of Ballot Titles; and
establishing procedures for submission of ballot arguments regarding
the Charter amendments
2. Direct the Clerk of the Council to prepare guidelines for
preparation of arguments for/against the revised proposed
charter amendment, fix the date for the submission of arguments,
and post the notice for the argument process in accordance with
the provisions of the California State Elections Code.
3. Direct the Clerk of the Council to amend the Notice of Election
and republish in accordance with the provisions of the California
State Elections Code.
4. Direct the City Attorney to prepare an impartial analysis for the
revised proposed charter amendment submitted to the voters.
MOTION: Tinajero SECOND: Bustamante
VOTE: AYES: Alvarez, Bustamante, Sarmiento, Tinajero,
Pulido (5)
CITY COUNCIL MINUTES 363 NOVEMBER 5, 2007
BUSINESS CALENDAR
NOES: Benavides, Martinez (2)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75.A. 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
Councilmember Tinajero declared a conflict of interest due to the proximity
of the project to his residence and left the dais.
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.
Recommended action approved by the Planning Commission at its
September 10, 2007 meeting by a vote of 5-0 (Gartner, Leo absent);
Continued from the October 1, 2007 City Council Meeting by a vote of 7-0
Staff presentation by Jay Trevino, Executive Director, Planning & Building
Agency.
No written communication.
George Collins and Thomas Gordon expressed concern that this project
would significantly increase and impact traffic; public hearing closed
Motion:
1. Approve and adopt the Mitigated Negative Declaration and
Mitigation Monitoring Program, Environmental Review No. 2007-
37.
2. Place ordinance on first reading and authorize publication.
CITY COUNCIL MINUTES 364 NOVEMBER 5, 2007
PUBLIC HEARING
ORDINANCE — An ordinance of the City Council of the City of
Santa Ana adopting Specific Development No. 81 (SD-81) and
rezoning the property located at 3321 South Fairview Street from
arterial Commercial (C5) to Specific Development No. 81 (SD-81)
(AA No. 2007-02)
3. Adopt a resolution.
RESOLUTION 2007-081 - A resolution of the City Council of the
City of Santa Ana approving and adopting the Mitigated Negative
Declaration and Mitigation Monitoring Program (Environmental
Review No. 2007-37); approving Tentative Tract Map No. 2007-04
as conditioned (County Map No. 2007-04), and Site Plan Review
No. 2007-02 as conditioned for the property located at 3321 South
Fairview Street
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Pulido (6)
NOES:
None (0)
ABSTAIN:
Tinajero (1)
ABSENT:
None (0)
75.6. PUBLIC HEARING — ABANDONMENT NO. 06-04: TO VACATE A
PORTION OF GRAND AVENUE AND FAIRHAVEN AVENUE
INTERSECTION
Legal notice published in The O.C. Reporter September 21 & 28, 2007
Public hearing continued from the October 1, 2007 by a vote of 7-0
Staff presentation by Jim Ross, Executive Director, Public Works Agency.
No written communication.
No public speakers; public hearing closed.
Motion:
1. Adopt a resolution.
RESOLUTION 2007-082 - A resolution of the City Council of the City of
Santa Ana vacating a portion of land at the northeast corner of Grand
CITY COUNCIL MINUTES 365 NOVEMBER 5, 2007
PUBLIC HEARING
Avenue and Fairhaven Avenue at 2701 North Grand Avenue
(Abandonment No. 06-04)
2. Direct the City Attorney to prepare and authorize the City
Manager and Clerk of the Council to execute an agreement for
the sale of the City's fee interest in a portion of the street to SCP
Avondale, LLC for $1.00. (A-2007-250)
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento,
Tinajero, Pulido (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez (1)
75.C. PUBLIC HEARING — RESOLUTION AND ORDINANCE ADOPTING BY
REFERENCE VARIOUS CONSTRUCTION CODES WITH
AMENDMENTS AND APPENDICES
Legal Notice published in The O.C. Reporter on October 19, 2007
Staff presentation by Jay Trevino, Executive Director, Planning & Building
Agency.
No written communication.
No public speakers; public hearing closed.
Motion:
1. Adopt a resolution.
RESOLUTION 2007-083 — A resolution of the City Council of the City of
Santa Ana, California, setting forth findings with respect to local conditions
within the City of Santa Ana which make certain modifications and
changes to the California Building Code, California Electrical Code,
California Plumbing Code, California Mechanical Code, California
existing Building Code, Uniform Swimming Pool, Spa and Hot Tub Code,
Uniform Solar Energy Code, International Property Maintenance Code,
and California Fire Code as amended by the State of California
CITY COUNCIL MINUTES 366 NUVtMt5LK b, Zuuf
PUBLIC HEARING
2. Place ordinance on first reading and authorize publication.
ORDINANCE - An ordinance of the City Council of the City of Santa
Ana amending Chapter 8 and 14 of the Santa Ana Municipal Code to
adopt and amend thereto the most recently enacted California Building
Code, California Electrical Code, California Plumbing Code, California
Mechanical Code, California existing Building Code, Uniform
Swimming Pool, Spa and Hot Tub Code, Uniform Solar Energy Code,
International Property Maintenance Code, and California Fire Code
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento,
Tinajero, Pulido (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez (1)
COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY
MEETING FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 9:06 P.M.
COUNCIL RECONVENED AT 9:08 P.M. WITH ALL MEMBERS PRESENT
COMMENTS
90.A. PUBLIC COMMENTS
Steve McGuigan commended the Westend COP program and the efforts
to get children involved in community projects such as clean up; Roy
Alvarado described a Santa Anita Neighborhood project; George Collins
raised additional concerns related to traffic on Item 75A; Pat McGuigan
asked about enforcement efforts to keep unauthorized signs from being
posted on telephone posts; Tom Gordon stated that all Council meetings
should be in the Council Chambers; John Lastelic raised concerns about
cameras at signal lights in the city; and Alex Vega and Stanley Fiala
raised general concerns.
90.13. CITY COUNCIL COMMENTS
Councilmember Sarmiento
• Commended the Police Department on the Junior C.O.P. award
recognition ceremony and noted that three families were awarded
laptop computers as the top achievers from this year's program.
CITY COUNCIL MINUTES 367 NOVEMBER 5, 2007
COMMENTS
• Noted that last month was National Disability Awareness Month and
that he wanted to spotlight three organizations that did outstanding work
in our community: the Dale McIntosh Center, Orange County Children's
Therapeutic Arts Center, and Educativa.
Councilmember Martinez
• Invited residents to volunteer to help the seniors in the community
• Invited residents to attend one of the many meetings planned to discuss
the proposed Renaissance Plan
Councilmember Martinez (cont.)
• Wished Bishop Jaime Soto great success in his new assignment in
Sacramento
• Invited residents to take advantage of the free days offered by the
Bowers Museum, Discovery Science Center and the Santa Ana Zoo
• Thanked Supervisor Nguyen for hosting a recent health fair in the
community
Councilmember Bustamante
• Noted that the Paint Your Heart Out organization is sponsoring a paint
day in Santa Ana on November 10, 2007; he encouraged residents to
check out the organization's website for further details
• Noted that he lost a bet and promised he would congratulate Orange
Lutheran High School on their defeat of Mater Dei in football over the
past weekend
Mayor Pro Tem Alvarez
• Recommended that residents go on a "ride along" with our Police
Department.
• Wished everyone a happy Thanksgiving and gave special thanks to city
employees.
• Welcomed Fire Chief Martin back to the City
Councilmember Benavides
• Noted that the "Boo at the Zoo' event at the zoo was very successful
• Announced that he was hosting a town hall meeting on November 8`h at
the Southwest Senior Center regarding the proposed Renaissance Plan
• Asked the Council to adjourn in memory of Tom Lamere who was a
longtime resident and neighborhood activist in Santa Ana
Councilmember Tinaiero
• Thanked the Fire Department for the recent "ride along" he attended
and noted that it was a very active evening and his unit responded to
several calls during the evening
CITY COUNCIL MINUTES 368 NOVEMBER 5, 2007
COMMENTS
• Asked staff to continue working with the School District in resolving the
traffic issues related to the location of three schools in the area
surrounding the proposed condominium project on South Fairview
Street
• Reminded members of the audience that they needed to refrain from
making racial comments
Mayor Pulido
• Noted that during the recent fires in Orange County several fire
companies from the Santa Ana Fire Department were deployed
• Noted that the city has so much to be grateful for and wished everyone
a Happy Thanksgiving
ADJOURNMENT — 9:30 P.M.
In Memory of
Tom Lamere
6�
Patricia E. Healy
Clerk of the Council
CITY COUNCIL MINUTES 369 NOVEMBER 5, 2007