Loading...
HomeMy WebLinkAbout2008-05-05 Regular MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA CALLED TO ORDER MAY 5, 2008 CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:10 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO ATTENDANCE STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Gary Tucker, Police Chaplain CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS MARTINEZ and TINAJERO to Santa Ana Pop Warner Jr. Midget Cheer Squad congratulating them on their participation in the National Competition at Disneyworld in Orlando, Florida. Senator Lou Correa also presented certificates of recognition. SPECIAL PRESENTATION - Orange County Water District, "Presentation of Orange County Water District's Ground Water Replenishment System" by President Steve Sheldon and General Manager Mike Markus. SPECIAL PRESENTATION - Orange County Human Relations Council, "Efforts to Promote Cultural and Religious Tolerance in Santa Ana" by Gurpreet S. Ahuja, MD, FAAP, Director, Orange County Human Relations Council. PRESENTATIONS CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to George and Jean Upton in recognition of their 40 years of service to the Santa Ana Friends of the Library. CITY COUNCIL MINUTES 116 MAY 5, 2008 CONSENT CALENDAR CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Rifka Hirsch in recognition of her 26 years of service to the Minnie Street community and the community of Santa Ana. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Mothers Against Drunk Driving (MADD) in recognition of their efforts to deter drunk driving in Orange County. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Ronny Rios in recognition of his National U.S. Future Stars Championship. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Planning Committee members in recognition of their volunteer work for the "2008 Latino Hero Celebration". CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Taller San Jose on their international recognition for the "At-Risk Young Men's Program". PROCLAMATION presented by COUNCILMEMBER SARMIENTO to Santiago Creek Watershed Preservation & Restoration Project recognizing "Santiago Creek Week 2008". OATHS OF OFFICE Clerk of the Council administered oaths to Michelle Leon (Ward 2 Representative) and Daisy G. Perez (City-wide representative) from the Youth Commission. CLOSED SESSION REPORT None PUBLIC COMMENT ON AGENDA ITEMS Item 50A John Kelley commented in support of the proposed ordinance CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: . Mayor Pro Tem Alvarez recorded a "no" vote on Item 19.C. . Councilmember Bustamante pulled Items 22.F. and 22.K. for separate discussion . Councilmember Benavides pulled Items 23A, 25.H. and 25.Q. for separate discussion . Mayor Pulido abstained on Item 25.1. due to the proximity of the project to his residence CITY COUNCIL MINUTES 117 MAY 5, 2008 CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modifi~d 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. and 10.B.) 10A Closed Session Meeting of April 21,2008 10.B. Regular Meeting of April 21, 2008 BOARDS/COMMISSIONS/COMMITTEES APPOINTMENTS 13A APPOINTMENT Motion: Appoint Joey M. Madrid to the Youth Commission (Associate) nominated by Mayor Pro Tem Alvarez as the Ward 5 representative for a partial-term expiring December 9, 2008. COMMITTEE REPORTS 13.B. COUNCIL COMMITTEE REPORTS CITY COUNCIL MINUTES 118 MAY 5, 2008 CONSENT CALENDAR Committee Name Parks, Recreation, Education & Youth Public Safety Public Safety Date 01/09/08 02/26/08 03/24/08 13.C. BOARDS AND COMMISSION ATTENDANCE REPORT - OCTOBER 2007 THROUGH MARCH 2008 Motion: Receive and file Boards and Commission Biannual Attendance Report for the period of October 2007 through March 2008. FINAL MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove the map within 10 days of this City Council meeting. 17.A. FINAL PARCEL MAP NO. 2006-101 -1609 EAST MCFADDEN AVENUE Motion: Receive and file. 17.B. FINAL PARCEL MAP NO. 2007-179 - 2880 SOUTH FAIRVIEW STREET Motion: Receive and file. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT - None 19.B. EXCUSED ABSENCES - None 19.C. DESTRUCTION OF OBSOLETE CITY RECORDS (CITY MANAGER'S OFFICE, PERSONNEL SERVICES AGENCY, AND FIRE DEPARTMENT) CITY COUNCIL MINUTES 119 MAY 5, 2008 CONSENT CALENDAR Motion: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule. Mayor Pro Tern Alvarez recorded a "no" vote on Item 19.C. 19.0. QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2008 Motion: Receive and file. 19.E. CONSOLIDATED PLAN ANNUAL UPDATE Motion: Approve the Consolidated Plan Annual Update and authorize the submittal to the U.S. Department of Housing and Urban Development. 19.F . QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER Motion: Receive and file the Quarterly Report of Contracts entered into between January 1 and March 31, 2008, valued at $25,000 and less. GRANTS 21.A. APPROPRIATION ADJUSTMENT ACCEPTING FY 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT AND RELATED AGREEMENTS Motion: 1. Adopt a resolution RESOLUTION NO. 2008-26 - A resolution of the City Council of the City of Santa Ana accepting a grant award and authorizing the City Manager or Chief of Police to execute a grant award agreement with the State of California Office of Homeland Security for the FY 2007 Public Safety Interoperable Communications Grant CITY COUNCIL MINUTES 120 MAY 5, 2008 CONSENT CALENDAR 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements. AGMT NO. 2008-075 - EQUIPMENT, SERVICES OR TRAINING - With the County of Orange or any County or City Designated by OHS to receive PSIC funding through the Santa Ana urban area - Police Department 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-114 - To recognize the FY 2007 Public Safety Interoperable Communications Grant in the amount of $12,748,170 in revenue account and appropriate same in the FY 2007 Public Safety Interoperable Communications Grant expenditure accounts. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Requests for Council Action. (Items 22.A. through 22.K.) 22.A. SPEC. NO. 05-007 HEATING, VENTilATION, AND AIR CONDITIONING FilTERS - Renew the contract with P. L. Hawn Co., Inc. in an annual amount not to exceed $40,631 - Finance & Management Services Agency 22.B. SPEC. NOS. 06-101 AND 06-103 - CONTRACT AMENDMENTS FOR ASPHALT STREET MAINTENANCE AND ASPHALT POTHOLE REPAIR - PUBLIC WORKS AGENCY Motion: 1. Amend the contract with Hardy and Harper, Inc., for asphalt pothole repairs by $100,000 for a total not to exceed $600,000. 2. Amend the contract with Hardy and Harper, Inc. for asphalt street maintenance by $688,000 for a total not to exceed $1,800,510. CITY COUNCIL MINUTES 121 MAY 5, 2008 CONSENT CALENDAR 22.C. SPEC. NO. 07-012 - AMMUNITION - POLICE DEPARTMENT Motion: 1. Amend the contracts for the purchase of ammunition with Dooley Enterprises, Inc., Proforce Law Enforcement, and San Diego Police Equipment Co., by $85,450 for a total not to exceed $183,800. 2. Increase the aggregate limit with Aardvark Tactical by $31,200 for an annual amount not to exceed $53,850. 22.D. SPEC. NO. 07-083 - MOBILE BOOKING UNIT - POLICE DEPARTMENT - Award a contract to J.R. Braun Northwest, Inc. in the amount not to exceed $201,418.16 - Finance & Management Services Agency 22.E. SPEC. NO. 08-020 - LOCKSMITH SERVICES - FINANCE & MANAGEMENT SERVICES AGENCY - Award contracts for a two-year period with provision for two one-year renewals in an annual amount not to exceed as follows: Vendor: Civic Center Lock and Safe Hill's Bros. Lock & Safe, Inc. Amount $30,000 $30,000 22.F. SPEC. NO. 08-027 - TEMPORARY EMPLOYEES - Award contracts for a one-year period, with provision for a one-year renewal, in the annual aggregate amount not to exceed $655,315 with the following vendors: VENDOR: Account Pro Accountants Inc Apr Consulting Inc. Munitemps LOCATION: Irvine Santa Ana Irvine Riverside MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 122 MAY 5, 2008 CONSENT CALENDAR 22.G. SPEC. NO. 08-028 - WYSE TERMINALS - Award a contract to COW Government, Inc. in the amount not to exceed $137,100 - Finance & Management Services Agency 22.H. SPEC. NO. 08-032 GLOCK FIREARMS, TASERS, AND ACCESSORIES - POLICE DEPARTMENT - Award a contract to Proforce Law Enforcement for a two-year period with provision for three one-year renewals in the annual amount not to exceed $85,000 - Finance & Management Services Agency 22.1. SPEC. NO. 08-036 - MISCELLANEOUS ELECTRICAL SUPPLIES - Amend the contract with Curley Wholesale Electric by $25,000 for an annual amount not to exceed $50,000 - Finance & Management Services Agency 22.J. BID SPEC. 08-037 - SECURITY BOLLARDS - POLICE DEPARTMENT - Award a contract to RSA Protective Technologies, LLC in an amount not to exceed $200,000 - Finance & Management Services Agency 22.K. SPEC. NO. 08-039. CITYWIDE PRINTING - FINANCE & MANAGEMENT SERVICES AGENCY - Award contracts for the purchase of printing services for a two-year period in the following annual amounts not to exceed: Vendor: Mekong Printing Inc. Printing Island Inc. Stratacom Western Printing & Mailing Location: Santa Ana Fountain Valley Irvine Santa Ana Amount: $30,000 $30,000 $30,000 $30,000 MOTION: Bustamante SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PROJECTS 23.A. CONTRACT AWARD FOR LOCAL STREET PAVEMENT REHABI.LITATION - THIN OVERLAY PHASE 2 (PROJECT NO. 08-1736- C) CITY COUNCIL MINUTES 123 MAY 5, 2008 CONSENT CALENDAR Motion: 1. Award a contract to Palp Inc. DBA Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices plus add-on alternate one in the estimated amount of $3,837,205 for construction of Local Street Pavement Rehabilitation - Thin Overlay Phase 2. 2. Approve a Funding Analysis with a total estimated construction cost of $4,604,600. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) AGREEMENTS Motion: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. (Items 25.A. through 25.Q.) 25.A. AGMT NO. 2008-076 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-02 - With, Jeffrey P. and Kathleen T. Dobias for the structure located at 1920 North Greenleaf Street - Planning and Building Agency 25.B. AGMT NO. 2008-077 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-03 - With Karen R. Klosterman for the structure located at 2301 North Flower Street - Planning and Building Agency 25.C. AGMT NO. 2008-078 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-04 - Steven E. Nickols for the structure located at 2448 North Riverside Drive - Planning and Building Agency CITY COUNCIL MINUTES 124 MAY 5, 2008 CONSENT CALENDAR 25.D. AGMT NO. 2008-079 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-05 - With Steven and Kimberly Rodriguez for the structure located at 2460 North Heliotrope Drive - Planning and Building Agency 25.E. AGMT NO. 2008-080 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-06 - With Angel Barnes for the structure located at 2006 North Victoria Drive - Planning and Building Agency 25.F. AGMT NO. 2008-081 - MAINFRAME COMPUTER SOFTWARE LICENSES - With Unisys Corporation in the amount of $141,000 for a two year term- Finance & Management Services Agency 25.G. AGMT NO. 2008-082 - FIRE ALARM SYSTEMS MAINTENANCE AND TIME CLOCK SUPPLIES - With Simplex Grinnell in an annual amount not to exceed $65,000 - Finance & Management Services Agency 25.H. AGMT NO. 2008-083- COOPERATIVE.A<:3REEMENT FOR COUNTY'S PROPOSITION 1B ALLOCATION FORCITYSTREETS'- With the County of Orange to receive a portion of the County's Proposition 1 B State allocation funds - Public Works Agency MOTION: Benavides SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.1. AGMT NO. 2008-084 - STREET LIGHTING REPAIRS - With Econolite Traffic Engineering and Maintenance, Inc. in the amount not to exceed $1,125,000 - Public Works Agency Mayor Pulido abstained on Item 25.1. due to the proximity of the project to his residence 25.J. AGMT NO. 2008-085 - DESIGN ENGINEERING SERVICES FOR MEMORIAL POOL RENOVATION AND FOUNTAIN NO. 3 REHABILITATION (PROJECTS 08-6016 and 08-9097) - With Pacific Advanced Civil Engineering Inc. (PACE), in the amount not to exceed $91,050 including a 15% contingency - Public Works Agency CITY COUNCIL MINUTES 125 MAY 5, 2008 CONSENT CALENDAR 25.K. AGMT NO. 2008-086 - ON-CALL AERIAL MAPPING AND SURVEYING SERVICES _ With Johnson-Frank & Associates Inc., in the amount not to exceed $300,000 - Public Works Agency 25.L. AGMT - LEASE AGREEMENT FOR CELLULAR SITE AT FIRE STATION NO.5 Motion: 1. AGMT NO. 2008-087 - With Omnipoint Communications Inc. for a rental fee of $27,300 per year - Community Development Agency 2. Receive and file Categorical Exemption for Environmental Review No. 2007-207 for Fire Station No.5. 25.M. AGMT NO. 2008-088 - CONSULTING SERVICES - With Alternet Networks, Inc. by $45,000 for a total aggregate amount not to exceed $90,000 - Police Department 25.N. AGMT NO. 2008-089 - MEDICAL SUPPLIES AND PHARMACEUTICALS _ With Western Medical Center in an amount not to exceed $40,000 annually - Fire Department 25.0. AGMT NO. 2008-090 - SPACE AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - With Tres Estrellas De Oro for a fee of $6,612.50 per month for the term of May 1, 2008 through September 30, 2009 - Community Development Agency 25.P. AGMT NO. 2008-091 - WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT - With the Fire Management Association - Personnel Services Agency 25.0. AGMTS. - PARK RESTR.OOM JANITORIAL. SERVICES - PARKS, RECREATION & COMMUNITY SERVICES AGENCY . AGMT NO. 2008-92 - With Merchants Building Maintenance in the amount of $92,823 for Districts 1 and 2; . AGMT NO. 2008-93 - With Bell Building Maintenance Company in the amount of $76,389 for Districts 3 and 4. CITY COUNCIL MINUTES 126 MAY 5, 2008 BUSINESS CALENDAR MOTION: Benavides SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) **END OF CONSENT CALENDAR** BUSINESS CALENDAR The following item was taken out of order: 55.0. RESOLUTION IN SUPPORT OF MEASURE G Robert Richardson, representing the Santa Ana Unified School District commented on Measure G and asked for the Council's support. Motion: Adopt a resolution. RESOLUTION NO. 2008-030 - A resolution of the City Council of the City of Santa Ana endorsing the Santa Ana Unified School District Measure G. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Martinez (1) ABSENT: None (0) Councilmember Martinez abstained on this item because of her employment with the campaign consultant for Measure G and she left the dais for this item only. CITY COUNCIL MINUTES 127 MAY 5, 2008 BUSINESS CALENDAR ORDINANCES 50.A. ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE REGULATING HOURS OF SALE OF FIREWORKS Motion: Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending section 14-55 of the Santa Ana Municipal Code relating to hours of sale of Safe and Sane fireworks. MOTION: Bustamante SECOND: Benavides YOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55.A. PILOT FEE-WAIVER PROGRAM TO ENCOURAGE USE OF SOLAR TECHNOLOGIES Motion: Adopt a resolution. RESOLUTION NO. 2008-027 - A resolution of the City Council of the City of Santa Ana authorizing a two-year pilot program to encourage solar installations by temporarily waiving permitting fees. MOTION: Sarmiento SECOND: Alvarez YOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 128 MAY 5, 2008 BUSINESS CALENDAR 55.B. RESOLUTION ADOPTING THE NEW PROPOSED TARGET EMPLOYMENT AREA FOR THE ENTERPRISE ZONE Motion: Adopt a resolution. RESOLUTION NO. 2008-028 - A resolution of the City Council of the City of Santa Ana identifying the census tracts comprising the targeted employment area for the Santa Ana Enterprise Zone. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55.C. RESOLUTION APPROVING RELOCATION PLAN FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN THIRD AND TENTH STREETS (PROJECT 08-1700-C) Motion: Adopt a resolution. RESOLUTION NO. 2008-029 - A resolution of the City Council of the City of Santa Ana approving the relocation plan for the Bristol Street Widening Project between Third and Tenth Street (Project 08-1700-C). MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 129 MAY 5, 2008 PUBLIC HEARINGS PUBLIC HEARINGS 75.A. PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-02 AND CONDITIONAL USE PERMIT NO. 2006-08 TO REZONE A PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMMERCIAL (C-5) AND CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR SPRINT PCS AND T-MOBILE AT 2210 NORTH GRAND AVENUE Recommended action approved by the Planning Commission on April 14, 2008, by a vote of 7-0. Applicant: Jane Norine and Jason Kozora Legal Notice published in the O.C. Reporter April 25, 2008 and notices mailed. Written Communication: None Staff Report presented by Jay Trevino, Executive Director, Planning and Building Agency No public speakers; public hearing closed Motion: 1. Place ordinance on first reading and authorize publication. ORDINANCE NO. NS-2764 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 2210 North Grand Avenue from single family residential (R-1) to arterial commercial (C5) (AA No. 2006-02). 2. Adopt a resolution. RESOLUTION NO. 2008-031 - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2006-08 to allow a 60-foot tall cellular monopine at 2210 North Grand Avenue. CITY COUNCIL MINUTES 130 MAY 5, 2008 PUBLIC HEARINGS MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) 75.B. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2008-01, AMENDMENT APPLICATION NO. 2008-02 AND VARIANCE NO. 2008-03 TO ALLOW TWO NEW RETAIL BUILDINGS AT 1501 WEST MACARTHUR BOULEVARD Recommended action approved by the Planning Commission by a vote of 4-0 (Betancourt, Gartner and Munoz absent) Applicant: Sapetto Group Legal Notice published in the O.C. Reporter April 25, 2008 and notices mailed. Written Communication: None Staff Report presented by Jay Trevino, Executive Director, Planning and Building Agency No public speakers; public hearing closed Motion: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program Environmental Review No. 2007- 73. 2. Adopt a resolution. RESOLUTION NO. 2008-032 - 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. 2007-73) and amending the General Plan of the City of Santa Ana to modify the Land Use Element (GPA No. 2008-01). CITY COUNCIL MINUTES 131 MAY 5, 2008 PUBLIC HEARINGS 3. Place ordinance on first reading and authorize publication. ORDINANCE NO. NS-2765 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 1501 West MacArthur Boulevard from two-family residential (R-2) to General Commercial (C-2) (AA NO. 2008-02). 4. Adopt a resolution. RESOLUTION NO. 2008-033 - A resolution of the City Council of the City of Santa Ana approving Variance No. 2008-03 as conditioned to allow a reduction in the required building setback along Macarthur Boulevard from fifteen feet to ten feet for the property located at 1501 West MacArthur Boulevard. MOTION: Sarmiento SECOND: Benavides 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 ON THE ESTABLISHMENT OF MASSAGE PARLORS Legal notice published in the Orange County Reporter on April 25, 2008. Written Communication: None Staff report presented by Jay Trevino, Executive Director, Planning and Building Agency No public speakers; public hearing closed Motion: Adopt an emergency ordinance. (Requires five affirmative votes) ORDINANCE NO. NS 2766 - An emergency ordinance of the City of Santa Ana extending the temporary prohibition on the construction or establishment of any new massage parlor. CITY COUNCIL MINUTES 132 MAY 5, 2008 JOINT SESSION CRA I CITY COUNCIL 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 A JOINT SESSION BETWEEN CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AT 8:11 P.M., FOLLOWED BY THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND THE HOUSING AUTHORITY MEETING BOA AMENDMENT TO CONSULTING SERVICES WITH TASSA _ CONSULTING GROUP, LLC AND COOPERATIVE AGREEMENT Motion: 1. AGMT NO. 2008-094 - Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Tassa Consulting Group, LLC, to assist with completion of an application to the State of California for a new fifteen-year Enterprise Zone designation in the amount not to exceed $30,000. 2. AGMT NO. 2008-094-01 - Authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) to use an amount not to exceed $30,000 of Agency funds for the completion of an application to the State of California for a new fifteen-year Enterprise Zone designation. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 133 MAY 5, 2008 COMMENTS 80.B. CONSULTING SERVICES AGREEMENT WITH MILLER & COMPANY P.C. AND COOPERATIVE AGREEMENT Motion: 1. AGMT NO. 2008-095 - Authorize the City Manager and the Clerk of the Council to execute an agreement with Miller & Company P .C. in an amount not to exceed $15,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2008-095-01 - Authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Community Development Agency of the City of Santa Ana (Agency) to use an amount not to exceed $15,000 of Agency funds for the creation of a basic operation manual for the Santa Ana Foreign Trade Zone and, in concert with City staff, create additional documents necessary for a wider range of foreign trade zone activities. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST John Wesson reported that many of his tenants complained about the noise coming from a stereo installation shop near Harbor; Leticia Lopez, Grace Reyes, Alejandra Aviles, Enecon Velasquez, Eusebio Rios, and Roy Alvarado raised many issues relating to conditions in the Santa Anita Neighborhood; Sean Mill expressed concern that Proposition 1 B funds allocated to the various County supervisors for their respective districts were not distributed equitably by the Supervisor of the First District; Lupe Moreno and George Garcia raised concerns relative to immigration issues; and Thomas Gordon raised general concerns related to issues affecting the City of Santa Ana. CITY COUNCIL MINUTES 134 MAY 5, 2008 COMMENTS CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S REPORT - None 90.B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento · Asked the Council to adjourn in memory of Floyd McLellan, a long time resident of the City who served on the Environmental and Transportation Advisory Committee and the Personnel Board · Encouraged residents to visit Libreria Martinez in Santa Ana to purchase books and noted that the bookstore is experiencing financial difficulties · Noted that the many Cinco de Mayo events in the city went very well · Wished a "Happy Mother's Day" to Santa Ana's mothers Council member Martinez · Reminded residents that there will be free glaucoma check-ups available on Saturday, May 10, 2008 at the Delhi Center from 9:00 a.m. to 3:00 p.m. · Urged all residents to support Ruben Martinez and his bookstore because he is an icon who vigorously supports literacy · Congratulated Alex Flores on becoming the new Student Body President at Santa Ana College · Wished all mothers in the community a "Happy Mother's Day" Councilmember Bustamante · Congratulated Floral Park on another successful Home and Garden Tour last month · Wished all mothers in Santa Ana a "Happy Mother's Day" · Asked the City Council to adjourn in memory of Robert Dethlefsen Mavor Pro Tem Alvarez · Asked the Council to adjourn in memory of retired police officer Richard Flores · Asked the City Manager to provide an update on the issues raised by residents of the Santa Anita Neighborhood · Reminded residents that the annual Mother's Day Celebration would be held at the Santa Ana Stadium on May 17'h and that bleacher seats will be free of charge CITY COUNCIL MINUTES 135 MAY 5,2008 COMMENTS Councilmember Benavides . Noted that Santa Ana is an exciting and very unique city and that there are many events going on continuously that reflect the very diverse communities that make up Santa Ana . Noted that he and Councilmember Sarmiento visited Atlanta, Georgia to visit a project that turned around an area in dire need of assistance; he further noted that he has brought back many suggestions and ideas which he will be sharing with the Council in the near future . Asked the City Council to adjourn in memory of Eloise Boone who was a long time City resident Councilmember Tinaiero . Noted that a school board can not raise taxes and Measure G is very important for the City and its children . Reminded speakers that they need to be responsible when making remarks before the Council and ensure the facts in advance of the comments . Urged all residents to support Ruben Martinez and his Libreria Martinez bookstore . Suggested that the City advertise events that residents could attend in a single "Santa Ana Day" for families . Wished all mothers a "Happy Mother's Day" Mavor Pulido . Thanked the Floral Park neighborhood for its successful Floral Park tour . Urged voters to support Measure G ADJOURNMENT - at 9:09 p.m. to Mav 19. 2008 in the Police Community Room, 60 Civic Center Plaza, for a Work Study Session starting at 6:00 p.m. (Closed Session convening at 5:30 p.m. will be held in the 4th Floor Police Conference Room.) In Memory of Floyd McLellan, Robert A. Dethlefsen, Richard Flores, and Eloise Boone ~L fl,"l:d j ~...patricia E. ~ Clerk of the Council CITY COUNCIL MINUTES 136 MAY 5, 2008