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HomeMy WebLinkAbout10A - COUNCIL MINUTES FOR 2009-11-02 MINUTES OF THE CLOSED AND REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 2, 2009 CLOSED SESSION MEETING CALLED TO ORDER CITY HALL 20 CIVIC CENTER PLAZA, 8T" FLOOR 5:32 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 FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS -None CLOSED SESSION CALENDAR 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) William Rosen vs City of Santa Ana, Case Nos. ADJ1969924 and ADJ2301171 1 B LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Claimant: Ann Christoph Claimant: Erika Martinez Claimant: Chevron Corporation CITY COUNCIL MINUTES 257 NOVEMBER 2, 2009 10A-1 1 C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Service Employees International Union (SEIU), Santa Ana Police Officers Association, Santa Ana Firemen's Benevolent Association. ADJOURNED 6:10 P.M. REGULAR CITY COUNCIL MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 6:18 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES (6:32 P.M.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (6:21 P.M.) STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council INVOCATION Gary Tucker, Police Chaplain PLEDGE OF ALLEGIANCE Benjamin Jesus Sanchez, Boy Scout Troop 804 PRESENTATIONS CERTIFICATES OF RECOGNITION AND CITY TILES* presented by MAYOR PULIDO recognizing the following Board and Commission members for their service on the now dissolved Early Prevention & Intervention (EPIC) Commission, Human Relations Commission, and Library Board: CITY COUNCIL MINUTES 258 NOVEMBER 2, 2009 10A-2 Early Prevention & Intervention Human Relations Library Board Commission (EPIC) Commission Valerie Amezcua **Cecilia Aguinaga* Patricia M. Lenahan **Rosemarie "Rosie" Avila Valerie Amezcua **Anne Menaldo Jose S. Chavez Albert B. Castillo* Deana Mulkerin* **Albert Garcia Norma C. Gonzalez **Michael Nguyen Thomas Linnert Don Han* Nam M. Pham* Art Lomeli **Daniel Hernandez Jose Rea John Marsh **Nhan T. Hoa* **Rebecca Plascencia Rafael Solorzano **Carah Reed Myriam Tinajero Irma Salazar-Allen Ava Steaffens * Member has served at least 4 years and will receive a City Tile for service. Member present PROCLAMATION and CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the Santa Ana Police Foundation for providing the business community with assistance in continuing business operations should a disaster occur in our City. PROCLAMATION presented by MAYOR PULIDO to Hazel Newhouse in recognition of Arbor Day. PROCLAMATION presented by MAYOR PULIDO to Ruben Martinez recognizing November 2009 as National Scholarship Month. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the participants and organizers of the 2009 Fiestas Patrias Parade including all 32 Mexican States and the Fiestas Patrias Committee. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Phalen Lim for receiving the 2009 California Peace Prize from the California Wellness Foundation. PROCLAMATION presented by COUNCILMEMBER SARMIENTO to Pan American Bank in recognition of its 45t" Anniversary and 40 years in Santa Ana. CLOSED SESSION REPORT -City Attorney Fletcher provided report, refer to Consent Calendar Item 19A. PUBLIC COMMENT ON AGENDA ITEMS • Roberta Rogers requested assistance regarding an issue related to the American Disabilities Act. City Attorney to review the matter. • Connie Hamilton invited the City Council to attend the upcoming Connect-to-Council event being held on November 19, 2009. CITY COUNCIL MINUTES 259 NOVEMBER 2, 2009 10A-3 • Jeff Dickman, Ben Grabiel, Mike Tardif, Alison Young, Colleen Williams, and Ezequiel Gutierrez spoke in opposition to Item 3 on the Community Redevelopment Agency agenda. • Sean Coolidge asked the City Council to consider the need for open space, light retail, and pocket parks in the Station District area. • Zeke Hernandez and Arturo Saucedo thanked Council for their support on Item 31 A. • Karen Finn commented on issues related to employee benefits. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C and pulled items 20B, 23A, 23B, 251 and 25J for separate discussion • Councilmember Sarmiento pulled item 31A for separate discussion MOTION: Tinajero 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 10A MINUTES OF THE CLOSED SESSION AND REGULAR MEETING OF OCTOBER 19, 2009 -Clerk of the Council Office MOTION: Approve Minutes. NOTICE OF PUBLIC HEARINGS 12A APPEAL NO. 2009-05 FOR TENTATIVE PARCEL MAP NO. 2009-01 - 1013SOUTH ELLIOTT PLACE -Planning and Building Agency CITY COUNCIL MINUTES 260 NOVEMBER 2, 2009 10A-4 Filed by Peter Pham appealing the Zoning Administrator's action denying a request to subdivide a residential property into two separate parcels at 1013 South Elliot Place located in the Single Family Residential (R1) zoning district. MOTION: Set Appeal No. 2009-05 (Tentative Parcel Map No. 2009-01) as a public hearing item on the next regularly scheduled City Council meeting. BOARDS AND COMMISSIONS 13A APPOINTMENT MOTION: Appoint. Appoint Erick A/onso Plascencia to the Community Redevelopment and Housing Commission; nominated by Councilmember Tinajero as the Ward 6 representative for a term expiring December 14, 2010. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT MOTION: Approve settlements. ¦ William Rosen vs City of Santa Ana, Case Nos. ADJ1969924 and ADJ2301171; Compromise and Release in the amount of $45,000. ¦ Claimant: Ann Christoph -Settlement in the amount of $13,340.12. ¦ Claimant: Erika Martinez -Settlement in the amount of $8,673.00. ¦ Claimant: Chevron Corporation - Settlement in the amount of $31,719.16. 19B EXCUSED ABSENCES -None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - (CITY MANAGER'S OFFICE AND COMMUNITY DEVELOPMENT AGENCY) -Clerk of the Council Office 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. *Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C CITY COUNCIL MINUTES 261 NOVEMBER 2, 2009 10A-5 19D INVESTMENTS REPORT -QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2009 -Finance & Management Services MOTION: Receive and file. 19E AMENDMENT TO THE FEDERAL CITIZEN PARTICIPATION PLAN - Community Development Agency MOTION: Approve the amendment to the Citizen Participation Plan and authorize the submittal to the U.S. Department of Housing and Urban Development. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT -ACCEPT THE 2010 CLICK-IT OR TICKET MINI-GRANT AWARD -Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-032 -Accepting the 2010 Click-It or Ticket Mini-Grant award in the amount of $27,000 into the revenue account and appropriate same into the 2010 Click-It or Ticket Mini-Grant Overtime expenditure account. 20B APPROPRIATION ADJUSTMENT -ACCEPT FY 2009 DEPARTMENT OF JUSTICE/NIJ COLD CASE PROGRAM FUNDS -Police Department MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-031- Recognizing the FY 2009 United States Department of Justice, National Institute of Justice Cold Case DNA Program in the amount of $300,740 in revenue account and appropriate same in the FY 2009 DOJ/NIJ Cold Case DNA Program expenditure accounts. 2. Authorize the City Manager and Clerk of the Council to execute an agreement subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 262 NOVEMBER 2, 2009 10A-6 AGMT NO. 2009-173 -Cooperative Agreement -With the United States Department of Justice, National Institute of Justice for the terms and conditions set forth in this funding program. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22E) 22A SPEC. NO. 09-047 -SERVERS - Award a contract to Govplace in an amount not to exceed $39,651 -Police Department 22B SPEC. NO. 09-052 -MICRO-WAVE BASED NETWORK SYSTEM - Award a contract to Pacific Services in an amount not to exceed $47,000 - Finance & Management Services 22C SPEC. NO. 07-086 -VEHICLE BODY REPAIR -Renew the contract with Kelly's Body Shop Inc. for cone-year period in an annual amount not to exceed $85,000 -Finance & Management Services 22D SPEC. NO. 09-044 -MOTOR CONTROL CENTER UPGRADE AT WELL 34 - Award a contract to Digital Control Services, Inc. in the amount of $231,400 -Public Works Agency 22E SPEC. NO. 09-050 - WEB-BASED INFORMATION SHARING SOFTWARE - AWARD A CONTRACT TO MINDTOUCH, INC. IN AN AMOUNT NOT TO EXCEED $49,995 -Police Department PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR MCFADDEN AVENUE AND CIVIC CENTER DRIVE REHABILITATION (PROJECT NOS. 091753, 091757 AND 091756) -Public Works Agency MOTION: CITY COUNCIL MINUTES 263 NOVEMBER 2, 2009 10A-7 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,892,000 for construction of McFadden Avenue and Civic Center Drive Rehabilitation. 2. Approve a Funding Analysis with a total estimated construction cost of $2,365,000. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) 23B CONTRACT AWARD FOR FIFTH STREET REHABILITATION BETWEEN JACKSON AND SULLIVAN STREETS (PROJECT N0.091742) -Public Works Agency MOTION: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $833,501.50 for construction of Fifth Street Rehabilitation between Jackson and Sullivan Streets. 2. Approve a Funding Analysis with a total estimated construction cost of $1,041,900. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) 23C CONTRACT AWARD FOR 2009-2010 OMNIBUS CONCRETE IMPROVEMENTS (PROJECT N0.106716) -Public Works Agency CITY COUNCIL MINUTES 264 NOVEMBER 2, 2009 10A-8 MOTION: 1. Award a contract to C.J. Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $212,562.50 for construction of Omnibus Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $245,000. 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. (Item 25A through 25H, and 25K through 25S) 25A AGMT NO. 2009-174 - GEOFILE DATASET MAINTENANCE AND ENHANCEMENTS -Execute an amendment with GIS Data Resources, Inc. in an additional amount not to exceed $10,000 -Fire Department 25B AGMT NO. 2009-175 - HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2008-30 -With Carin C. and Bertram M. Kager for the structure at 222 South Birch Street (Stein House) -Planning and Building Agency 25C AGMT NO. 2009-176 - HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2009-01 -With Richard and Mary Coleman for the structure at 2360 N. North Park Boulevard (Horton House) -Planning and Building Agency 25D AGMT NO. 2009-177 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009-02 -With Carole W. Lankford for the structure at 1914 North Victoria Drive (Segerstrom House) -Planning and Building Agency 25E AGMT NO. 2009-178 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009-03 -With John and Patricia Bretza for the structure located at 1917 North Victoria Drive (Hoiles House) -Planning and Building Agency 25F AGMT NO. 2009-179 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009-04 -With Noel and Clare Bonn for the structure located at 1541 East Fourth Street (Safely House) -Planning and Building Agency 25G AGMT NO. 2009-180 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009-05 -With William C. and Carmen E. McEwen for CITY COUNCIL MINUTES 265 NOVEMBER 2, 2009 10A-9 the structure located at 2033 North Flower Street (Meyers-Tubbs House) - Planning and Building Agency 25H AGMT NO. 2009-181 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009-06 -With Dean A. and Ruth A. Reynolds for the structure located at 2204 North Greenleaf Street (Alice Peterson House) - Planning and Building Agency 251 AGMT NO. 2009-182 -DEVELOPMENT AND IMPLEMENTATION OF A SCHOOL BASED MENTORING PROGRAM AT CARR INTERMEDIATE SCHOOL -Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, subject to non-substantive changes approved by the City Manager and City Attorney -With Big Brothers Big Sisters of Orange County in an amount not to exceed $48,000. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25J AGMT NO. 2009-183 - IMPLEMENT AND SUPPORT A LEARNING CENTER AND ARTS & LITERACY PROGRAM AT THE SANTA ANA POLICE ATHLETIC AND ACTIVITIES CENTER (SAPAAL) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, subject to non-substantive changes approved by the City Manager and City Attorney -With the Orange County Children's Therapeutic Arts Center in an amount not to exceed $39,000. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) CITY COUNCIL MINUTES 266 NOVEMBER 2, 2009 10A-10 ABSTAIN: None (0) ABSENT: None (0) 25K AGMT NO. 2009-184 - HAZARDOUS MATERIAL EMERGENCY RESPONSE SERVICES -Execute an amendment with Allied International Emergency, LLC., to increase the compensation by an amount not to exceed $60,000 -Police Department 25L AGMT NO. 2009-185 -SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT -Execute an amendment with Bentley Systems, Inc. in an amount not exceed $39,900 per year -Public Works Agency 25M AGMT NO. 2009-186 -SECURITY GUARD SERVICES -Execute an amendment with Securitas Security Services USA, Inc. for a term of one year in an amount not to exceed $415,410 -Public Works Agency 25N AGMT NO. 2009-187 -VIDEO SURVEILLANCE SYSTEM AT SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) -With the Orange County Transportation Authority to allow for the design, installation and acceptance of a video surveillance system (VSS) -Public Works Agency 250 AGMT NO. 2009-188 - PARKING MANAGEMENT SERVICES FOR FOUR MULTI-LEVEL PARKING FACILITIES -With Parking Concepts, Inc. of Los Agencies in an amount not to exceed $28,800 for cone-year term -Community Development Agency 25P AGMT NO. 2009-189 -HOUSING OPPORTUNITY FOR PERSONS WITH AIDS (HOPWA) PROGRAM -Execute an amendment with the County of Orange Health Care Agency adding an additional $262,000 for a total of $1,237,043- Community Development Agency 25Q AGMT NO. 2009-190 -MEMORANDUM OF UNDERSTANDING -With the Office of the Governor and Orange County United Way for the Bank on Santa Ana initiative -Community Development Agency 25R AGMT NO. 2009-191 -INTEGRATED SERVICE DELIVERY MODEL AT SANTA ANA WORK CENTER -With O'Reilly & Associates in an amount of $38,000 for cone-year term -Community Development Agency 25S AGMT NO. 2009-192 -MAINTENANCE, SERVICE AND REPAIR OF AIR CONDITIONING UNITS -Execute an amendment with TRANE, Inc. in the amount of $28,500 for a total amount not to exceed $53,500 -Community Development Agency MISCELLANEOUS -BUDGET CITY COUNCIL MINUTES 267 NOVEMBER 2, 2009 10A-11 29A TARGET STORES DONATION FOR GRAFFITI ENFORCEMENT -Police Department MOTION: 1. Authorize the acceptance of a donation in the amount of $2,000 from the Target Stores, to be used by the Police Department Graffiti Task Force Unit. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-034 - Recognizing the donation in the amount of $2,000 into the Police Special Revenue Fund, Gifts and Donations revenue account and appropriate same into the Police Special revenue fund, Operating Materials and Supplies expenditure account. LAND USE MATTERS CONDITIONAL USE PERMIT /VARIANCES 31A CONDITIONAL USE PERMIT NO. 2009-18 TO ALLOW AN INDOOR SPORTS FACILITY - 1501 EAST MCFADDEN AVENUE -Planning and Building Agency Recommended Action approved by the Planning Commission on October 12, 2009 by a 5-0 vote (Yrarrazaval absent) Applicant: Arturo Saucedo. MOTION: Receive and file the staff report approving Conditional Use Permit No 2009-18 as conditioned. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 268 NOVEMBER 2, 2009 10A-12 **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A AUTHORIZE THE EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR THE CITY OF SANTA ANA PROPOSITION 1A SECURITIZATION PROGRAM -Finance & Management Services MOTION: Adopt a resolution. RESOLUTION NO. 2009-053 - A resolution of the City Council of the City of Santa Ana approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller's Proposition 1 A Receivable from the State; and directing and authorizing certain other actions in connection therewith MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B ACCEPT ADDITIONAL FY 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT FUNDS (PSIC) -Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2009-054 - A resolution of the City Council of the City of Santa Ana accepting additional Grant Award Funds and Authorizing the City Manager or the Chief of Police to approve an appropriation adjustment for the Public Safety Interoperable Communications Grant Program 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 269 NOVEMBER 2, 2009 10A-13 APPROPRIATION ADJUSTMENT NO. 10-033 - Recognizing the additional FY 2007 Public Safety Interoperable Communications Grant Funds in the amount of $196,774 in revenue account and appropriate same in the FY 2007 Public Safety Interoperable Communications Grant expenditure accounts. MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C AUTHORIZE MEMBERSHIP PAYMENT TO INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) - Police Department MOTION: Adopt a resolution. RESOLUTION NO. 2009-055 - A resolution of the City Council of the City of Santa Ana authorizing the City of Santa Ana Police Department to authorize the expenditure of funds for services provided as part of the City of Santa Ana's membership in the integrated Law and Justice Agency for Orange County for the 2009-2010 Fiscal Year MOTION: Bustamante SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55D ADOPT A CITY OF SANTA ANA BIKEWAYS STRATEGIC PLAN AND AUTHORIZE SUBMISSION OF THE BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION -Public Works Agency MOTION: 1. Adopt a resolution. CITY COUNCIL MINUTES 270 NOVEMBER 2, 2009 10A-14 RESOLUTION NO. 2009-056 - A resolution of the City Council of the City of Santa Ana adopting the Bikeways Strategic Plan and authorizing the submission of a project for funding under the submission of a project for funding under the Bicycle Transportation Account 2. Authorize the Executive Director of the Parks, Recreation and Community Services Agency and/or the Executive Director of Public Works Agency to submit the Flower Street bike trail extension project for funding consideration under the Bicycle Transportation Account. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55E CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY -Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2009-057 - A resolution of the City Council of the City of Santa Ana amending Resolution No. 2001-065 to provide for continuation of additional partially-paid temporary military leave of absence for city employees called to active duty with the Armed Forces and continuation of benefits for their dependents. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 271 NOVEMBER 2, 2009 10A-15 PUBLIC HEARINGS 75A PUBLIC HEARING -ZONING ORDINANCE AMENDMENT NO. 2009-05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP-3) -Planning and Building Agency Recommended Action approved by the Planning Commission on August 24, 2009 by a 7-0 vote. Legal Notice published in the O.C. Reporter on August 28, 2009. Continued from the September 8, 2009, October 5, 2009, and the October 19, 2009 City Council Meetings by a vote of 7-0. Applicant: City of Santa Ana Staff presentation given by Jay Trevino, Executive Director of the Planning and Building Agency. The Mayor opened the Public Hearing. Dr. Audrey Yamagata-Noji representing the Santa Ana Unified School District spoke in support of item; there was no written communication received, and the Mayor closed the Hearing. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2797 - An ordinance of the City Council of the City of Santa Ana amending the Midtown Specific Plan to amend the allowed uses in the Broadway Corridor District MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B PUBLIC HEARING -ZONING ORDINANCE AMENDMENT NO. 2009-06 TO EXPAND EXISTING STANDARDS FOR GRAFFITI ABATEMENT AND TO AMEND THE CITYWIDE DESIGN GUIDELINES -Planning and Building Agency CITY COUNCIL MINUTES 272 NOVEMBER 2, 2009 10A-16 Recommended Action approved by the Planning Commission on September 14, 2009 by a 5-0 vote (Leo absent) Legal Notice published in the O.C. Reporter on October 23, 2009. Applicant: City of Santa Ana Staff presentation given by Jay Trevino, Executive Director of the Planning and Building Agency. The Mayor opened the Public Hearing; there was no written communication received, nor public speakers; and closed the Hearing. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2798 - An ordinance of the City Council of the City of Santa Ana amending the Santa Ana Municipal Code to the update the City's regulation of graffiti 2. Receive and file amendments to the Citywide Design Guidelines. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75C PUBLIC HEARING - ORDINANCE AMENDMENT NO. 2009-02 TO AMEND CHAPTER 30 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH A NEW APPLICATION FEE FOR THE PRIVATE PARTY NOMINATION OF PROPERTIES OF THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES -Planning and Building Agency Legal Notice published in the O.C. Reporter on October 23, 2009 and October 28, 2009. MOTION: Continue the matter to the January 4, 2010 City Council Meeting, per staff's request. MOTION: Tinajero SECOND: Martinez CITY COUNCIL MINUTES 273 NOVEMBER 2, 2009 10A-17 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75D PUBLIC HEARING -APPEAL NO. 2009-04 FOR CONDITIONAL USE PERMIT NO. 2006-20 AND VARIANCE NO. 2006-13 - 202 EAST SEVENTEENTH STREET -Planning and Building Agency Recommended Action approved by the Planning Commission on September 14, 2009 by a 3-1 vote (Gartner opposed, Betancourt abstained, Leo absent) Legal Notice published in the O.C. Reporter on October 23, 2009, and notices mailed. Applicant: Caribou Industries Councilmember Bustamante noted that he would abstain from voting on this item due to proximity to a business partnership, for which he serves as a Board Member and left the dais. Staff presentation given by Jay Trevino, Executive Director of the Planning and Building Agency. The Mayor opened the Public Hearing; there was no written communication received, nor public speakers; and closed the Hearing. MOTION: Continue the matter for 30 days. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: Bustamante (1) ABSENT: None (0) * Councilmember Bustamante returned to the dais. CITY COUNCIL MINUTES 274 NOVEMBER 2, 2009 10A-18 75E PUBLIC HEARING - AMENDMENT APPLICATION NO. 2009-02, CONDITIONAL USE PERMIT NO. 2009-20 AND VARIANCE NO. 2009- 08 TO ALLOW A MIXED USE OFFICE AND THREE-UNIT RESIDENTIAL PROJECT WITH SURFACE PARKING LOT - 1331 WEST FIRST STREET -Planning and Building Agency Recommended Action approved by the Planning Commission on October 12, 2009 by a 5-0 vote (Yrarrazaval absent) Legal Notice published in the O.C. Reporter on October 23, 2009, and notices mailed. Applicant: Global Empire LLC The Mayor opened the Public Hearing; there was no written communication received, nor public speakers; and closed the Hearing. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2799 - An ordinance of the City Council of the City of Santa Ana Rezoning the property located at 107 North Hesperian Street from Two-Family Residence (R2) to Two-Family Residence with "B" suffix (RB-B) (AA No. 2009-02) 2. Adopt a resolution. RESOLUTION NO. 2009-058 - A resolution of the City Council of the City of Santa Ana approving granting Conditional Use Permit No. 2009-20 as conditioned to permit "B" suffix Parking and Variance Nos. 2009-08 and 2009-08 as conditioned to allow a reduction in minimum lot size for the property located at 1331 West First Street MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 275 NOVEMBER 2, 2009 10A-19 COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AT 8:00 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AND RECONVENED AT 8:25 P.M. WITH SAME MEMBERS PRESENT CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS -None 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento • Commented on the need for open space throughout City; specifically mentioned a pocket park on the corner of McFadden and Bishop being developed in coordination with private land owner and non-profit organization; suggested other similar parks be developed in empty lots; City to also partner with school district on joint use agreements; State lobbyist to research grant funds available for such projects. Councilmember Martinez: • Thanked Councilmember Sarmiento for facilitating discussion among pocket park developers; • Invited all to attend upcoming `Noches de Altares' at the Fiesta Marketplace, and `Dia de los Muertos' events at Bowers Museum and Bowers Kidseum on Saturday, November 7tn; • Commented on the improvements made at Valley High School through Measure G funds and urged the expansion of joint-use agreements to provide for additional open space/sports program and keep Santa Ana youth healthy; and • Welcomed Raul Godinez III, newly appointed Executive Director of the Public Works Agency to the City of Santa Ana. Councilmember Bustamante: • Wished all a Happy Veterans Day; and • Welcomed newly appointed Public Works Director, Mr. Godinez to the City. Councilmember Tinaiero: • Congratulated local high school football programs on a successful season, some schools in playoffs; Segerstrom High School defeated Orange and playing for Golden West Championship; • Presented his (National Forensic League's Speech and Debate Championship) ring recently received for national speech competition; and • Requested that the Council adjourn the meeting in honor of close friend, Lawrence Gregory Howard. CITY COUNCIL MINUTES 276 NOVEMBER 2, 2009 10A-20 Councilmember Benavides • Congratulated staff on the Bikeways Strategic Plan approved at tonight's Council Meeting and urged staff to explore further transportation alternatives; • Attended community meeting in the Station District and requested staff engage area residents and hold regular project status meetings; • Welcomed newly appointed Executive Director of Public Works, Mr. Godinez. Mayor Pro Tem Alvarez: • Welcomed Mr. Godinez to the City of Santa Ana and looks forward to working with him; • Thanked outgoing City commissioners on their dedication to the City and their efforts to create a better Santa Ana; • Congratulated Councilmember Tinajero on being awarded the prestigious California Golden Bell Award; • Commented on significance of `Dia de Los Muertos' and wished the community a Happy Thanksgiving. Mayor Pulido • Commented on `Dia de los Muertos' and `All Saints Day'. ADJOURNED 8:40 P.M. -The next regular meeting of the City Council is scheduled for Monday, November 16, 2009 at 5:30 p.m. for the Closed Session Meeting, immediately followed to the Regular Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. In Memory of Lawrence Gregory Howard Maria D. Huizar Clerk of the Council CITY COUNCIL MINUTES 277 NOVEMBER 2, 2009 10A-21 10A-22