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HomeMy WebLinkAbout2009-08-03 RegularMINUTES OF THE REGULAR CLOSED SESSION AND REGULAR MEETING %w OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA M CALLED TO ORDER ATTENDANCE REGULAR CLOSED SESSION REGULAR MEETING PLEDGE OF ALLEGIANCE INVOCATION EMPLOYEE SERVICE AWARDS AUGUST 3, 2009 CITY HALL 8T" FLOOR, RM. 831 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 5:37 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT SARMIENTO SAL TINAJERO ABSENT: CLAUDIA ALVAREZ, Mayor Pro Tern STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA HEALY, Clerk of the Council Adjourned to CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 6:15 P.M. 6:18 P.M. MAYOR PULIDO Gary Tucker, Police Chaplain 20 YEARS OF SERVICE Douglas J. Wicks Sanitation Inspector II, Public Works Agency Don R. Williams Maintenance Worker II, Public Works Agency CITY COUNCIL MINUTES AUGUST 3, 2009 PRESENTATIONS CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to Andy Beyer for the many years of entertaining the children of Santa Ana. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to ConquistAmerica BU-17s Soccer Team for winning State Championship and Far West Regional Championship. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Santa Ana Xtreme softball team for their outstanding performance and placing 2"d at the Triple Crown World Series in Utah. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Coast Composites, Inc for their facility expansion. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Consular Services Officer Ernesto Malda Arozarena for his service to the residents of Santa Ana. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to George Collins for facilitating the railroad crossing improvements at Alton and Greenville by Union Pacific. PROCLAMATION presented by COUNCILMEMBER TINAJERO to Jerry Witte for his 40 years of service at Saddleback High School. CLOSED SESSION REPORT The City Attorney reported on items related to Kevin O'Brien, Claim No. 2008-105. See Item 19A for report. PUBLIC COMMENTS ON AGENDA ITEMS Ivan Ashbaugh and Thomas Gordon spoke in support of Item 50A. CONSENT CALENDAR Mayor Pulido announced the following modifications to the consent Calendar: • Councilmember Sarmiento abstained from Item 11A since he considered this project as a former Commissioner for the Community Redevelopment and Housing Commission • Councilmember Sarmiento abstained on Item 251 due to receipt of campaign contributions from the consultant • Mayor Pulido abstained from Item 25L due to an abundance of caution in order to avoid an appearance of a conflict of interest CITY COUNCIL MINUTES 187 AUGUST 3, 2009 V/ • Councilmember Bustamante abstained from Item 25L and stated that he had a 1%W potential conflict of interest due to a business relationship with the recommended consultant Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Bustamante SECOND: Martinez VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes shown are adopted as part of the consent Motion. MINUTES ADMINISTRATIVE MATTERS Motion: Approve minutes. (Item 10A) 10A Closed Session and Regular Meeting of July 20, 2009 ORDINANCES/SECOND 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 11A GENERAL PLAN AMENDMENT NO. 2008-02, AMENDMENT APPLICATION NO. 2008-11, AND SITE PLAN REVIEW NO. 2009-02 WITH VISTA DEL RIO HOUSING PARTNERS, L.P. — 1600 WEST MEMORY LANE Placed on first reading at the July 20, 2009 City Council meeting and approved by a vote of 5-0 (Pulido and Sarmiento absent) Published in the Orange County Reporter on July 24, 2009. CITY COUNCIL MINUTES 188 AUGUST 3, 2009 Councilmember Sarmiento abstained from Item 11A since he considered this project as a former Commissioner for the Community Redevelopment and Housing Commission Motion: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2790 — An ordinance of the City Council of the City of Santa Ana adopting Specific Development No. 83 (SD-83) and rezoning the property located at 1600 West Memory Lane from Open Space (0) to Specific Development No. 83 (SD-83) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Motion: Approve settlement. Kevin O'Brien, Claim No. 2008-105, $50,000. 19B EXCUSED ABSENCES Motion: Excuse the absence of Mayor Pro Tern Alvarez from the August 3, 2009 City Council meeting 19C 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 Manager's Office, City Attorney's Office, Finance and Management Services, and Personnel Services Agency) 19D INVESTMENTS REPORT — QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2009 — FINANCE AND MANAGEMENT SERVICES AGENCY Motion: Receive and file report. .o0 CITY COUNCIL MINUTES 189 AUGUST 3, 2009 on BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT Motion: Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-008 — Accepting the California Office of the Traffic Safety, DUI Enforcement and Awareness Program Grant in the amount of $249,200 into the revenue account and appropriate same into the California Office of Traffic Safety, DUI Enforcement and Awareness Program expenditure accounts SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for Council Action. (Items 22A through 22D) 22A 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 $90,000 — Finance and Management Services Agency 22B SPEC. NO 08-046 — CHARTER BUS SERVICES — PARKS, RECREATION, AND COMMUNITY SERVICES AGENCY — Renew the contracts for a one-year period, in the following amounts: Vendor: Location: Amount: Certified Transportation Services, Inc. Santa Ana $30,000 Pacific Coast Sightseeing Tours and Charters Anaheim $30,000 22C SPEC. NO 09-035 — MULTI -JET AND TURBINE COLD WATER METERS — PUBLIC AGENCY — Award contracts for a one-year period, with provision for four, one-year renewals in the following annual amounts not to exceed: Vendor: Location: Amount: Aqua -Metric Sales Company Riverside $46,000 Badger Meter, Inc. Milwaukee, WI $43,000 CITY COUNCIL MINUTES 190 AUGUST 3, 2009 22D SPEC. NO 09-037 — LANDSCAPING AND HAND TOOLS — Finance Management Services Motion: 1. Reject the bids from Bon Tool Company and Hilti, Inc. as nonresponsive. 2. Award contracts for landscaping and hand tools for a one-year period, with provision for four, one-year renewals in the annual amounts as follows: Vendor: Location: Amount: Shamrock Supply Co., Inc. Anaheim $50,000 W.W. Grainger, Inc. Santa Ana $30,000 PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR MACARTHUR BOULEVARD FRONTAGE TO SANTA ANA RIVER BIKE TRAIL ENHANCEMENT (PROJECT NO.08- 6033-M) Motion: 1. Award a contract to Elite Bobcat Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $42,424.24 for construction of the MacArthur Boulevard Frontage to Santa Ana River Bike Trail Enhancement. 2. Approve a Funding Analysis with a total estimated construction cost of $56,500. 23B CONTRACT AWARD FOR PICO LOWELL NEIGHBORHOOD WATER MAIN IMPROVEMENTS (PROJECT NO.08-3210) Motion: 1. Award a contract to MCC Equipment Rentals, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $644,097.50 for construction of Pico Lowell Neighborhood Water Main Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $805,100. 23C CONTRACT CHANGE ORDER NO. 1 - SUSAN STREET REHABILITATION (PROJECT NO.09-1750-C) CITY COUNCIL MINUTES 191 AUGUST 3, 2009 ..r' Motion: Approve Change Order No. 1 for Susan Street Rehabilitation from Sunflower Avenue to MacArthur Boulevard for an estimated cost of $183,700. 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. (Item 25A through 25L) 25A AGMT NO. 2009-110 — COMPREHENSIVE PHYSICAL EVALUATIONS, HEALTH SCREENING AND VACCINATIONS — With Tustin -Irvine Medical Group in an amount not to exceed $70,000 — Fire Department and Personnel Services Agency 25B AGMT NO. 2009-111 — INFORMATION TECHNOLOGY AND COMPUTER SUPPORT SERVICES — Execute an amendment with Sapphire Technologies in a fiscal year amount not to exceed $170,810 — Fire Department 25C AGMTS — JANITORIAL SERVICES — Finance and Management Services Agency 1. AGMT NO. 2009-112 — With Pacific Building Care, Inc. in an annual amount not to exceed $160,000 for a two-year term, with option for three one-year renewals at the Depot at Santa Ana. Additionally, include services at various city and park sites in an annual amount not to exceed $181,000 for a two-year term, with option for three one-year renewal 2. AGMT NO. 2009-113 — With Bell Building Maintenance Company in an amount not to exceed $248,000 for a two-year term, with option for three one-year renewals at various city sites 25D AGMTS NO. 2009-114 — EMPLOYEE GROUP INSURANCE RENEWALS — Execute agreements for long term disability, medical, dental, vision, employee assistance, employee group life and accidental death and dismemberment insurance — Personnel Services Agency 25E AGMT NO. 2009-115 — RED HILL PAVEMENT REHABILITATION COOPERATIVE AGREEMENT — With the City of Irvine in the amount of ,` $125,000 — Public Works Agency CITY COUNCIL MINUTES 192 AUGUST 3, 2009 25F AGMT NO. 2009-116 — GIS PROGRAMMING AND CONSULTING SERVICES — With Redlands Software Inc. for an amount not to exceed $94,000 — Public Works Agency 25G AGMT NO. 2009-117 — SEXUAL ASSAULT EVIDENCE COLLECTION — Renew agreement with Anaheim Memorial Medical Center — Police Department 25H AGMT NO. 2009-118 — PURCHASE OF THE CRIME MAPPING ANALYSIS SOFTWARE — With GeoSpatial Technologies, Inc. for a one- year period, in an amount not to exceed $71,593.75 — Police Department 251 AGMT NO. 2009-119 — GOVERNMENT LIAISON SERVICES — Amend the agreement with Townsend Public Affairs in an amount not to exceed $50,000 — Community Development Agency and Public Works Agency (Councilmember Sarmiento abstained on Item 251 due to receipt of campaign contribution from the consultant.) 25J AGMT NO. 2009-120 — PREPARATION OF FEDERAL PROGRAM PLANS — With Mike Linares, Inc. in the amount of $95,000 — Community Development Agency 25K AGMT NO. 2009-121 — ELECTRONIC COMMUNICATIONS INTERCEPT ROOM EQUIPMENT UPGRADE — Award a contract to JSI Telecom in an amount not to exceed $50,000 — Police Department 25L AGMT NO. 2009-122 — GO LOCAL PROGRAM STEP 2 TECHNICAL ANALYSIS — Execute an agreement with Cordoba Corporation in the amount of $4,845,026 (Mayor Pulido abstained from Item 25L out of an abundance of caution in order to avoid an appearance of a conflict of interest; Councilmember Bustamante abstained from Item 25L and stated that he had a potential conflict of interest due to a business relationship with the recommended consultant) CONDITIONAL USE PERMIT 1 VARIANCES 31A CONDITIONAL USE PERMIT NO. 2009-11 TO PERMIT AN EXISTING CHURCH AND EXPANSION PROJECT — 2000 NORTH FAIRVIEW STREET Filed by Larry La Bonte to obtain a conditional use permit to allow the expansion of Wintersburg Presbyterian Church at 2000 North Fairview Street located in the Agriculture (Al) zoning district ,fir CITY COUNCIL MINUTES 193 AUGUST 3, 2009 `\. `. Recommended action approved by the Planning Commission at its July 13, 2009 meeting by a vote of 6-0 (Turner absent) Applicant: Larry La Bonte Motion: Receive and file the staff report approving Conditional Use Permit No. 2009-11 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ORDINANCES/FIRST READING 50A ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE RELATING TO ANTI -GRAFFITI MEASURES Councilmember Sarmiento moved, seconded by Councilmember Martinez, that the City Council approve the ordinance relating to anti - graffiti measures as recommended by staff and amended to remove the proposed sections related to lien and foreclosure procedures. Council discussion ensued. Councilmember Bustamante moved the ordinance as prepared by staff. This motion failed due to a lack of a second. As a substitute motion, Councilmember Benavides moved, seconded by Councilmember Bustamante, to approve the ordinance prepared by staff as amended to remove the sub -section relating to foreclosure procedures only. Substitute Motion: Place ordinance prepared by staff, as amended to remove proposed Section 10-231 (e), on first reading and authorize publication of title. ORDINANCE — An ordinance of the City Council of the City of Santa Ana amending the Santa Ana Municipal code to update the City's regulation of graffiti MOTION: Benavides VOTE: AYES: CITY COUNCIL MINUTES NOES SECOND: Bustamante Benavides, Bustamante (2) Martinez, Sarmiento, Tinajero, Pulido (4) 194 AUGUST 3, 2009 ABSTAIN: ABSENT: None (0) Alvarez (1) Substitute motion failed of adoption Motion: Place ordinance as prepared by staff as amended to remove the proposed sections relating to lien and foreclosure procedures on first reading and authorize publication of title. ORDINANCE — An ordinance of the City Council of the City of Santa Ana amending the Santa Ana Municipal code to update the City's regulation of graffiti MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) 50B ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE UNIFORM HEARING AND APPEAL PROCEDURE Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE — An ordinance of the City Council of the City of Santa Ana amending Chapter 3 of the Santa Ana Municipal Code pertaining to the Uniform Hearing and Appeal procedure, as well as various references to the appeal process throughout the code MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: CITY COUNCIL MINUTES SECOND: Sarmiento Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) None (0) None (0) 195 AUGUST 3, 2009 .I ,%W ABSENT: Alvarez (1) RESOLUTIONS 55A APPROPRIATION ADJUSTMENT ACCEPTING FY 2009 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS Motion: 1. Adopt a resolution. RESOLUTION NO. 2009-042 — A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to enter into an agreement with the State of California Emergency Management Agency for the FY 2009 Urban Area Security Initiative Funding Program 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements. AGMTS NO. 2009-123 - EQUIPMENT, SERVICES, OR TRAINING - ,` With the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area — POLICE DEPARTMENT 3. Approve an Appropriation Adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-007 - Recognizing the FY 2009 Areas Security Initiative in the amount of $10,218,440 in revenue account and appropriate same in the FY 2007 Urban Areas Security Initiative Program Grant Expenditure accounts MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) 55B CITY COUNCIL MEETING SCHEDULE AND ORDER OF BUSINESS AT COUNCIL MEETINGS CITY COUNCIL MINUTES 196 AUGUST 3, 2009 REPORTS Al Councilmember Benavides moved staffs recommendations as amended to approve changes in the time and place of Council meetings only. Motion: Adopt a resolution. RESOLUTION NO. 2009-043 — A resolution of the City Council of the City of Santa Ana establishing rules and procedures for meetings of the City Council and repealing Resolution No. 2008-010 MOTION: Benavides SECOND: Bustamante VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) RESTRUCTURE CITY BOARDS, COMMISSIONS, AND COMMITTEES (APPOINTIVE BOARDS) Continued from the February 2, 2009 City Council meeting by a vote of 7- 0. Continued from the March 2, 2009 City Council meeting by a vote of 7-0. Continued from the April 20, 2009 City Council meeting by a vote of 7-0. Continued from the July 6, 2009 City Council meeting by a vote of 5-0. (Sarmiento and Tinajero absent) Motion: 1. Place ordinances on first reading and authorize publication of titles: a. ORDINANCE — An ordinance of the City Council of the City of Santa Ana repealing sections 2-603, 2-604 and section 2-607 of Article IV of Chapter 2 of the Santa Ana Municipal Code, related to dissolution of the Library Commission of the City of Santa Ana low vo CITY COUNCIL MINUTES 197 AUGUST 3, 2009 b. ORDINANCE — An ordinance of the City Council of the City of tr, Santa Ana repealing section 2-550 through section 2-554 of the Santa Ana Municipal Code related to Early Prevention and Intervention Commission c. ORDINANCE — An ordinance of the City Council of the City of Santa Ana amending section 2-325 to the Santa Ana Municipal Code related to compensation for boards and commissions 2. Adopt a resolution. RESOLUTION NO. 2009-044 — A resolution dissolving the Human Relations Commission of Santa Ana 3. Direct City staff to prepare a recommended ordinance creating a new seven member City Commission focused on enhancing opportunities for youth in Santa Ana to significantly reduce gang involvement. 4. Direct that the Historic Resources Commission and Youth Commission reduce their meetings from monthly to a quarterly or as needed basis as determined by the Executive Directors of Planning and Building, and Parks and Recreation, respectively, and direct that the Environmental Transportation and Advisory Committee meet on an as needed basis as determined by the Executive Director of the Public Works Agency. MOTION: Bustamante SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez (1) PUBLIC HEARINGS 75A PUBLIC HEARING — 2009/10 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT Legal Notice published in the O.C. Reporter on July 24, 2009. No written correspondence. No speakers; public Hearing closed. CITY COUNCIL MINUTES 198 AUGUST 3, 2009 Motion: Adopt a resolution. RESOLUTION NO. 2009-045 — A resolution of the City Council of the City of Santa Ana to approve the proposed expenditure plan for the 2009-2010 Supplemental Law Enforcement Services Fund MOTION: Martinez SECOND: Bustamante 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 AT 7:61 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING. COUNCIL RECONVENED WITH ALL MEMBERS PRESENT AT 7:55 P.M. PUBLIC COMMENTS Steve McGuigan invited the public to participate in the National Night Out event at El Salvador Park on Tuesday, August 4, 2009. CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento • Thanked everyone who contributed to the proposed anti -graffiti regulations • Announced that the City competed successfully to obtain federal stimulus funds to hire new officers in the Police Department; thanked the Mayor for his efforts on behalf of the City and also Congresswomen Sanchez and Senators Feinstein and Boxer. Councilmember Martinez • Thanked everyone for their efforts related to proposed anti -graffiti regulations CITY COUNCIL MINUTES 199 AUGUST 3, 2009 • Thanked Pat Healy and Jim Ross for their service and wished them luck in their retirement • Welcomed Maria Huizar as the incoming Clerk of the Council • Invited all residents to attend the Madison Park Walk-a-thon annual event this Saturday Councilmember Bustamante • Thanked residents and employees who worked together on the anti - graffiti regulations. • Congratulated Pat Healy and Jim Ross on their respective retirements from the City Councilmember Benavides • Asked staff to look at efforts in other cities related to curfews and report findings to the Public Safety Council Committee Councilmember Tinaiero • Congratulated Councilmember Sarmiento for attending the Kennedy School of Government at Harvard University • Thanked Councilmember Martinez for supporting a recent fundraiser for Fullerton High School • Thanked the City Fire Department for their quick response to a fire at his residence and credited the minimal damage incurred to the fast response. Mayor Pulido • Thanked all the residents and City staff that worked together on the proposed anti -graffiti regulations, and thanked the police department for their good work. • Noted that the City's federal representatives were crucial in making amendments to the federal stimulus grants which eliminated the requirement for matching funds ADJOURNMENT - 8:17 P.M. to Police Community Room, 60 Civic Center Plaza, Santa Ana, August 17, 2009. 'Ff� Lllj;� 6 -��Patricia E. Healy Clerk of the Council CITY COUNCIL MINUTES 200 AUGUST 3, 2009