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Home My WebLink About10A - MINUTES MINUTES OF THE CLOSED AND REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 16, 2009 CLOSED SESSION MEETING CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA, 4T" FLOOR 5:49 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:53 P.M.) ABSENT: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager BENJAMIN KAUFMAN, Chief Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PUBL{C COMMENTS -None CLOSED SESSION ITEM 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organization: Santa Ana Service Employees International Union (SEIU), Santa Ana Police Officers Association, Santa Ana Firemen's Benevolent Association, Santa Ana Management Association (SAMA) ADJOURNED - 6:17 P.M. CITY COUNCIL MINUTES 278 NOVEMBER 16, 2009 10A-1 REGULAR CITY COUNCIL MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:25 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO (6:30 P.M.) SAL TINAJERO (6:30 P.M.) ABSENT: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager BENJAMIN KAUFMAN, Chief Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido CLOSED SESSION REPORT None PUBLIC COMMENTS None CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31A with the following modifications: • Councilmember Benavides abstained on Item 13B due to lack of background information on item; and • Mayor Pulido subsequent to approval of all Consent Calendar Item called for a re-vote on Item 20A and 25A -Item 20A required five affirmative votes, and Item 25A was presented with an amended motion. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Martinez, Pulido (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Sarmiento, Tinajero (3) CITY COUNCIL MINUTES NOVEMBER 16, 2009 10A-2 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 NOVEMBER 2, 2009 -Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING 11A ORDINANCE -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 Placed on first reading at the November 2, 2009 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 6, 2009. MOTION; Place ordinance on second reading and adopt. 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 11 B ORDINANCE -ZONING ORDINANCE AMENDMENT NO. 2009-06 TO EXPAND EXISTING STANDARDS FOR GRAFFITI ABATEMENT AND TO AMEND THE CITYWIDE DESIGN GUIDELINES -Planning and Building Agency Placed on first reading at the November 2, 2009 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 6, 2009. MOTION: Place ordinance on second reading and adopt. 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 CITY COUNCIL MINUTES 280 NOVEMBER 16, 2009 10A-3 11 C ORDINANCE -AMENDMENT APPLICATION NO. 2009-02 TO ALLOW A MIXED USE OFFICE AND THREE-UNIT RESIDENTIAL PROJECT WITH SURFACE PARKING LOT - 1331 WEST FIRST STREET -Planning and Building Agency Placed on first reading at the November 2, 2009 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 6, 2009. MOTION: Place ordinance on second reading and adopt. 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) BOARDS AND COMMISSIONS 13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT - APRIL 2009 THROUGH SEPTEMBER 2009 -Clerk of the Council Office MOTION: Receive and file Boards and Commission Biannual Attendance Report for the period of April 2009 through September 2009. 13B APPOINTMENTS MOTION: Appoint Councilmember Vincent Sarmiento as the City's representative and Councilmember Carlos Bustamante as Alternate to the Transportation Corridor Agency Board effective December 31, 2009. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Martinez, Sarmiento, Tinajero, Pulido (5) NOES: None (0) ABSTAIN: Benavides (1)* ABSENT: Bustamante (1) "Councilmember Benavides abstained on Item 13B due to lack of background information on agenda item. CITY COUNCIL MINUTES 281 NOVEMBER 16, 2009 10A-4 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -None 19B EXCUSED ABSENCES MOTION: Excuse the absence of Councilmember Bustamante from the November 16, 2009 City Council meeting. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT FOR WORKFORCE INVESTMENT ACT CALIFORNIA NEW START GRANT -Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-044 -Recognizing $62,742 in Workforce Investment Act funds awarded to the Santa Ana WORK Center by the State of California Employment Department fora Prison-to- Employment Program. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Tinajero (2) PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR LOCAL STREET SLURRY SEAL (PROJECT N0.106703) -Public Works Agency MOTION: CITY COUNCIL MINUTES 282 NOVEMBER 16, 2009 10A-5 1. Award a contract to American Asphalt South, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $130,150 for construction of slurry sealing of local streets. 2. Approve a Funding Analysis with a total estimated construction cost of $161,900. 23B CONTRACT AWARD FOR MEMORIAL PARK POOL RENOVATION (PROJECT N0.08-6016) -Public Works Agency MOTION: 1. Award a contract to South Coast Pool Plastering, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate B in the estimated amount of $255,152.20 for construction of Memorial Park Pool Renovation. 2. Approve a Funding Analysis with a total estimated construction cost of $318,900. AGREEMENTS 25A AGMT NO. 2009-193 -MAINTENANCE OF THE STADIUM AND CIVIC CENTER -Execute an amendment with Merchants Landscape Services in an amount not to exceed $273,976 for a total agreement amount of $858,239 -Parks, Recreation & Community Services Agency MOTION; 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; amend the contract to add one (1) service inspector category 1 position; and have staff bring back to Council for consideration (the contracting of) all 12 parks concurrent with adding an administrator position and another inspector position (in Parks, Recreation & Community Services Agency). MOTION: Pulido SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) CITY COUNCIL MINUTES 283 NOVEMBER 16, 2009 10A-6 CONDITIONAL USE PERMIT /VARIANCES 31A VARIANCE NOS. 2009-03, 2009-05, 2009-06, 2009-07 AND 2009-09 AND CONDITIONAL USE PERMIT NO. 2009-15 TO ALLOW A CHECK CASHING BUSINESS - 1647 EAST FIRST STREET, SUITE A -Planning and Building Agency Recommended action approved by the Planning Commission on October 12, 2009, by a vote of 5-0 (Yrarrazaval absent). Applicant: Maria Guerrero MOTION: Receive and file the staff report denying Variance Nos. 2009-03, 2009-05, 2009-06, 2009-07, 2009-09 and Conditional Use Permit No. 2009-15. **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTION 55A PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN FOR MANAGEMENT EMPLOYEES (RISK MANAGER) -Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2009-059 - A resolution of the City Council of the City of Santa Ana to amend resolution No. 91-066 to adjust the salary for the Middle Management classification of Risk Manager (MM) MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Sarmiento, Tinajero (3) CITY COUNCIL MINUTES 284 NOVEMBER 16, 2009 10A-7 PUBLIC HEARING 75A APPEAL NO. 2009-05 FOR TENTATIVE PARCEL MAP NO. 2009-01 TO SUBDIVIDE A RESIDENTIAL PROPERTY INTO TWO SEPARATE PARCELS AT 1013 SOUTH ELLIOTT PLACE -Planning and Building Agency Recommended Action approved by the Planning Commission on October 12, 2009 by a 5-0 vote (Yrarrazaval absent) Set for public hearing at the November 2, 2009 City Council Meeting by a vote of 7-0. Legal Notice published in the O.C. Reporter on November 6, 2009, and notices mailed. Applicant: Peter Pham Staff presentation given by Jay Trevino, Executive Director of the Planning and Building Agency. Mayor Pulido opened the Public Hearing and acknowledged one written communication received. Public Speakers Peter Pham, Frank Vo, and Dominique Thieu opposed the denial of the proposed subdivision; Debra Zuver, Kathy Larsen, Lola Warren, Joan Todisco, David Lopez, Patricia Young, Vivian Stowers, and Nancy Martin spoke in support of staff recommendation. The Mayor closed the Hearing. MOTION: Adopt a resolution. RESOLUTION NO. 2009-060 - A resolution of the City Council of the City of Santa Ana denying Tentative Parcel Map No. 2009-01 to subdivide an existing parcel into two parcels in order to construct two new Single Family Residences at 1013 South Elliott Place (Appeal No. 2009-05) MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) CITY COUNCIL MINUTES 285 NOVEMBER 16, 2009 10A-8 WORK STUDY SESSION WSA PRESENTATIONS: BRISTOL STREET WIDENING PROJECT BY PUBLIC WORKS AGENCY, AND CENTRAL CORRIDOR STUDY BY ORANGE COUNTY TRANSPORTATION AUTHORITY Raul Godinez, III, Executive Director of the Public Works Agency, introduced Tammy Warren, Program Manager from the Orange County Transportation Authority (OCTA), who provided the Council with an overview of the Central County Corridor Major Investment Study. Highlights of the presentation include: • Study identifies mobility problems, creates a statement of purpose and need, narrows down alternatives, recommends locally preferred strategy, and sets the stage for funding; • Process and status of the various phases; • Detailed the area of study and the next steps in the estimated timeline through Summer 2010. Staff presentation of the Bristol Street Widening Project by George Alvarez, City Engineer, who highlighted the following: • Project scope includes widening between Warner and Memory Lane o Provide regional traffic relief to the Central Corridor County by widening from two to three lanes in each direction and improving intersections o Improve aesthetics by providing linear parks and landscaped medians throughout the corridor o Convert overhead utilities to underground o Construct storm drain and street lighting improvements o Construct sound walls to reduce noise impacts to adjacent neighborhoods • Chronology of Bristol Street Corridor o Planning began in 1984 o Environmental Impact Statement (EIS) certified in 1990 o Bristol Corridor Specific Plan approved in 1991 o July 2006, executed an agreement with OCTA to fund and secure $225 million • Status of Project Phase Status Phase I -McFadden to Pine Under Construction Phase II -Third to Civic Center Acquiring Right of Way Phase III -Civic Center to 17t" Need to update EIS to seek Federal funding Phase IV - St. Andrews to Warner Need to update EIS to seek Federal funding CITY COUNCIL MINUTES 286 NOVEMBER 16, 2009 10A-9 `prior to Phase I, the City received funding to complete the following segments: ¦ St. Andrews Place to McFadden Avenue ¦ Elm Street to Memory Lane ¦ Pine to Third Street • Current Funding Commitment from OCTA o $125 million to fund with Gas Tax for Phases I and II o $100 million to collaboratively seek additional funding for Phases III and IV (Local Funds, State Grants, or Federal Appropriations) for a total of $225 million • Status of OCTA's Project Funding Phase Limits Cost Received Remaining Millions to Date Millions Millions Phase I McFadden to 60 52 8 Pine Phase II Third Street to 47 11 37 Civic Center Drive Total 107 63 45 • Immediate Fiscal Impact of losing Bristol Project funding o Phase I $10.3 million Contractors profit Payment for material purchased Restore street to a safe condition Maintain vacant lots Restart project at a later date Loss of jobs (200) o Phase II $5.5 million Rescind contract to acquire three properties Legal and consultant costs Maintain vacant lots Restart the project • Council discussion ensued. COMMENTS 90A CITY MANAGER'S COMMENTS -None 90B CITY COUNCILMEMBER COMMENTS Councilmember Benavides • Commented on the recent California Endowment meeting he attended; • Looks forward to creative alternatives for the Station District area project; and • Staff to return to a future Work Study Session with the Youth and Family Master plan for discussion. CITY COUNCIL MINUTES 287 NOVEMBER 16, 2009 10A-10 Councilmember Martinez • Wished all a Happy Thanksgiving; • Recently attended tour of Boyle Heights area including the Pueblo Del Sol project with Station District Master Developer; very pleased with developments and expects Santa Ana project to be as impressive; report to Council is forthcoming. Mayor Pulido • Staff to return to a Work Study Session with proposed bus route changes that will affect community. ADJOURNED 7:55 P.M. -The next regular meeting of the City Council is scheduled for Monday, December 7, 2009 at 5:30 p.m. for the Closed Session Meeting, immediately followed to the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 288 NOVEMBER 16, 2009 10A-11 10A-12