HomeMy WebLinkAbout10A - MINUTES - MARCH 3 2010 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MARCH 1, 2010
CLOSED SESSION MEETING
CALLED TO ORDER CITY HALL
20 CIVIC CENTER PLAZA, 8T" FLOOR
SANTA ANA, CA
5:14 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES (5:20 P.M.)
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO (5:15 P.M.)
SAL TINAJERO (5:15 P.M.)
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS -None
CLOSED SESSION ITEMS
1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54956.8.
Agency Negotiators: Personnel Services Executive Director, Kathie
Gonzalez
Employee Organizations: Santa Ana Service Employees International Union
(SEIU)
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
Santa Ana Police Management Association
Santa Ana Fire Management Association II
CITY COUNCIL MINUTES 1 MARCH 1, 2010
10A-1
Community Redevelopment Agencv Item
Mayor Pulido, Mayor Pro Tem Alvarez, and Councilmember Sarmiento excused
themselves from proceedings of Closed Session Item 2A due to a conflict of interest
and did not participate in consideration of this item. They left the conference room at
5:56 p.m.
2A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8.
Property: 501, 505, 511, 601, 606, 607, 610, 615, 616,
620, 621 & 712 E. Fifth St., 602, 609, 618, 619,
622, 623, 625, 626 & 630 N. Garfield St, 601,
604, 605, 606, 609, 611, 614, 620 & 622 N.
Lacy St., 612, 614, 622, 626, 714 & 804 E.
Santa Ana Blvd., 601, 602, 709, 710, 711, 714
& 720 E. Sixth St., 801, 809, 901 & 905 Brown
St., and 611 N. Minter St.
Agencv negotiator: Cindy Nelson, Executive Director
Party with whom negotiating: Related California/Griffin Realty Corp.
Under negotiation: Terms of Sale and Development of Property
ADJOURNED 6:15 P.M.
CITY COUNCIL MINUTES 2 MARCH 1, 2010
10A-2
REGULAR CITY COUNCIL MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:20 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
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION Roger Aragon, Police Chaplain
PRESENTATIONS
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE .Patricia Flynn; Zoo Education Specialist, Parks,
Recreation & Community Services
25 YEARS OF SERVICE .Michael W. Gross, Fire Engineer, Fire Department
• Gregory Weston, Computer Operator, Finance &
Management Services
CERTIFICATE OF TRIBUTE presented by MAYOR PRO TEM ALVAREZ
commemorating the life of Juanita Sarmiento presented to Cruz Sarmiento and family
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
Alexis Rodriguez from Santa Ana High School for receiving a $170,000 scholarship
from Wabash College in Indiana
CITY COUNCIL MINUTES 3 MARCH 1, 2010
10A-3
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
Mothers Against Drunk Driving (MADD) in recognition of its continuing efforts in the fight
against drunk driving
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
the Santa Ana College Wrestling Team "Dons" in recognition of becoming State
Champions:
Jaime Martinez -State Champion
Bobby Scofield -State Champion Coach Vince Silva -Southern
Jose Navarro -State Champion California Coach of the Year &
Ted Bristol - 3~d Place California Coach of the Year
Daniel Kennedy - 3~d Place
Jimmy Botheras - 3`d Place Coach Vito Becerra -Southern
Jason Arreola - 4t" Place California Assistant Coach of the Year &
RJ Pilkington - 4t" Place California Assistant Coach of the Year
Luis Onofre - 4t" Place
Brian Klevias - 5t" Place
CITY TILE presented by COUNCILMEMBER SARMIENTO to Phillip Schaefer for his
service on the Historic Resources Commission
SPECIAL PRESENTATION -CENSUS 2010 UPDATE -Mark Lawrence, Executive
Assistant to the City Manager, discussed City's outreach efforts and introduced Beatriz
Fernandez, Partnership Team Leader, who provided a brief presentation on efforts to
ensure a full and accurate count.
CLOSED SESSION REPORT -None.
PUBLIC COMMENT ON AGENDA ITEMS
• George Collins commented on Agenda Item 55A; concerned with possible use and
clients; and
• Vicky Baxter, Executive Director of Downtown Inc. introduced interns, and indicated
that she would be providing a presentation in the near future on the efforts of
Downtown Inc.; and
• James Keech, Tyson Chandler, Craig Palter, Peter Raissi, and Luis Moyer
concerned with eviction notices given at Saddlebac nn~ City Manager to assist with
issue.
CITY COUNCIL MINUTES 4 MARCH 1, 2010
10A-4
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 25K with the following modifications:
• Mayor Pro Tem Alvarez voted "no" on Item 19C and pulled Items 23A for
separate discussion;
• Councilmember Benavides pulled Item 25K for separate discussion.
MOTION: Alvarez SECOND: Martinez
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 vo#e. Items without votes are adopted as part of the consent Motion.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, 2010 -
Clerk of the Council Office
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT -None.
19B EXCUSED ABSENCES -None.
19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's
Office, Community Development Agency, Finance and Management
Services, Personnel Services, and Planning and Building Agency -Clerk
of the Council Office
CITY COUNCIL MINUTES 2 MARCH 1, 2010
10A-5
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
19D GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT -
Planning and Building Agency
MOTION: Authorize submittal of the General Plan Housing Element
Annual Progress Report to the State of California Housing and
Community Development (HCD).
19E SUPPORT THE "LOCAL TAXPAYER, PUBLIC SAFETY AND
TRANSPORTATION PROTECTION ACT" -City Manager's Office
MOTION: Authorize the Mayor to send a letter to the League of
California Cities in support of the "Local Taxpayer, Public Safety and
Transportation Protection Act."
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT ACCEPTING DEVELOPER FUNDS
AND AGREEMENTS FOR RAILROAD ENHANCEMENTS (PROJECT 10-
6728) -Public Works Agency
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 10-094 -Accepting $59,602
into the Select Street Construction Developer Contribution revenue
account and appropriate the funds into the Select Street Construction
expenditure account.
2. Authorize the City Manager and Clerk of the Council to execute an
agreement subject to nonsubstantive changes approved by the
City Manager and City Attorney.
AGMT NO. 2010-034 -With Union Pacific Railroad Company in the
amount of $61,333
CITY COUNCIL MINUTES 3 MARCH 1, 2010
10A-6
i
I
3. Authorize the City Manager and Clerk of the Council to execute an
agreement subject to nonsubstantive changes approved by the
City Manager and City Attorney.
AGMT NO. 2010-035 -With the Roman Catholic Bishop of Orange
SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22H)
22A SPEC. NO. 06-013 -WATER WELL REHABILITATION -Renew the
contract with Orange County Pump Co. for aone-year period in an annual
amount not to exceed $150,000 (Public Works Agency) -Finance &
Management Services
22B SPEC. NO. 09-004 -HIGH DENSITY POLYETHYLENE (HDPE) FUSIBLE
PIPE -Amend current contract with ISCO Industries, LLC in an amount of
$15,000, for a total not to exceed $40,000 and renew the contract for an
additional year in an amount not to exceed $40,000 (Public Works
Agency) -Finance & Management Services
22C SPEC. NO. 09-052 -MICROWAVE BASED NETWORK SYSTEM -
Amend the contract amendment with Pacific Services by $38,000 for an
annual amount not to exceed $85,000 (Police Department) -Finance &
Management Services
22D SPEC. NO. 10-002 & 10-004 -SERVERS & DATA STORAGE - (Police
Department) -Finance & Management Services
1. Award a contract to GovPlace for purchase of four servers and support
in an amount not to exceed $79,000; and
2. Award a contract to GovConnection for purchase of data storage in an
amount not to exceed $32,000.
22E SPEC. NO. 10-003 -FIRE EQUIPMENT AND SUPPLIES -Finance &
Management Services
CITY COUNCIL MINUTES 4 MARCH 1, 2010
10A-7
1. Amend the current contract with Allstar Fire Equipment, Inc. for fire
brush jackets and pants in an amount of $14,500, for a total annual
amount not to exceed $39,500; and
2. Renew the contract for the subsequent contract period with Allstar Fire
Equipment, Inc. an annual amount of $50,000.
22F SPEC. NO. 10-005 -DELL COMPUTERS - Award a contract to Dell
Computer Corporation in an amount not to exceed $20,000 (Parks,
Recreation, and Community Services) -Finance & Management Services
22G SPEC. NO. 10-006 -REPAIR OF COMPRESSED NATURAL GAS (CNG)
COMPRESSOR - Award a contract to Gas Equipment Systems Inc. in an
amount not to exceed $28,700 -Finance & Management Services
22H SPEC. NO. 10-007 - MISCELLANEOUS REPAIRS OF FIRE
APPARATUS - Award a contract to American LaFrance of Los Angeles for
a three year period in an annual amount not to exceed $50,000 -Finance
& Mana ement Services
9
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD FOR PLAZA OF THE FOUNTAIN RENOVATIONS
(PROJECT NOS. 09-9108 & 08-9097) -Public Works Agency
MOTION: Continue matter for 30 days.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (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. (Item 25A
through 25J)
CITY COUNCIL MINUTES 5 MARCH 1, 2010
10A-8
25A AGMT NO. 2010-036 -READY OC EMERGENCY PREPAREDNESS
CAMPAIGN -With Westbound Communications for an amount not to
exceed $150,000 -Police Department
25B AGMT NO. 2010-037 -TOBACCO RETAIL LICENSE COMPLIANCE
CHECKS & INVESTIGATIONS -With the California State Department of
Public Health in an amount of $75,000 for aone-year term -Police
Department
25C AGMT NO. 2010-038 -CROSSING GUARD PROGRAM -With All City
Management Services Inc. (AGMs) in an amount not to exceed $826,783
- Police Department
25D AGMT NO. 2010-039 - PURCHASE AGREEMENT FOR BRISTOL
STREET CORRIDOR (PROJECT NO. 08-1700) - With Ghanshyam
Lohiya for the purchase of the property located at 724 N. Bristol in an
amount of $705,000 -Public Works Agency
25E AGMT NO. 2010-040 -ENVIRONMENTAL IMPACT REPORT FOR THE
SAN LORENZO SEWER LIFT STATION PROJECT LOCATED AT 2909
S. BRISTOL STREET - With T & B Planning in an amount not-to-exceed
$95,274 -Public Works Agency
25F AGMT NO. 2010-041 -COMPUTER SOFTWARE MAINTENANCE -With
Intergraph in an amount not to exceed $45,000 per year, for atwo-year
term -Public Works Agency
25G AGMT NO. 2010-042 -ACQUISITION OF RIGHT OF WAY FOR THE
OCTA AT- GRADE RAIL SAFETY ENHANCEMENT PROJECT -With
Earl Scheib Realty Corp., for the purchase of a portion of the property
located at 1102 E. Seventeenth Street in an amount of $41,185 -Public
Works Agency
25H AGMT NO. 2010-043 -STREET SWEEPING SERVICES AT THE DEPOT
- With TSCM for aone-year period with an additional one-year renewal in
an annual amount of $12,000 -Public Works Agency
CITY COUNCIL MINUTES 6 MARCH 1, 2010
10A-9
251 AGMT NO. 2010-044 - COMPREHENSIVE FINANCIAL AUDIT
SERVICES -Execute an amendment with Macias Gini & O'Connell, LLP
in an amount not to exceed $355,800 -Finance & Management Services
25J AGMT NO. 2010-045 -LANDSCAPE MAINTENANCE SERVICES AT
VARIOUS CITY FACILITIES -Execute an amendment with Vista Del
Verde Landscape, Inc. in an amount of $216,557 for aone-year term -
Parks, Recreation & Community Services Agency
25K AGMTS -FEDERAL NEIGHBORHOOD STABILIZATION PROGRAM
(NSP 1 AND NSP 2) -Community Development Agency
MOTION:
1. Authorize the City Manager to execute a Neighborhood
Stabilization Program 2 (NSP 2) contract
AGMT NO. 2010-046 -With the U. S. Department of Housing and
Urban Development for grant funds in the amount of $10,000,000.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2010-091 - Recognizing
$10,000,000 in Neighborhood Stabilization Program 2 grant funds and
appropriating the same.
3. Authorize the City Manager and the Clerk of the Council to
execute an agreement for the implementation of the
Neighborhood Stabilization Program 2 in the amount of
$9,000,000 plus program income with:
AGMT NO. 2010-047 - ANR Industries, Inc.
AGMT NO. 2010-048 -Orange Housing Development Corporation and
C & C Development
4. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2010-092 - Recognizing
Neighborhood Stabilization Program 1 (NSP1) program income funds
and appropriating the same.
CITY COUNCIL MINUTES 7 MARCH 1, 2010
10A-10
5. Authorize the City Manager and the Clerk of the Council to
execute an amendment subject to non-substantive changes
approved by the City Manager and City Attorney.
AGMT NO. 2010-049 -Execute an amendment with ANR Industries,
Inc. for implementation of the single family and Historic Condo
components of the Neighborhood Stabilization Program 1 to include
program income
6. Authorize the City Manager and the Clerk of the Council to
execute an amendment subject to non-substantive changes
approved by the City Manager and City Attorney.
AGMT NO. 2010-050 -Execute an amendment with Orange Housing
Development Corporation and C & C Development for implementation
of the Rental Housing component of the programs Neighborhood
Stabilization Program 1 to include program income
MOTION: Benavides SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
LAND USE MATTERS
CONDITIONAL USE PERMITNARIANCES
31A CONDITIONAL USE PERMIT NO. 2009-25 TO ALLOW A 60-FOOT HIGH
MONOPINE WIRELESS FACILITY - 2100 SOUTH FAIRVIEW STREET
Recommended action approved by the Planning Commission at its
February 8, 2010 meeting by a 4-0 vote (Gartner and Yrarrazaval absent) ii
Applicant: Sequoia Deployment Services
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2009-25 as conditioned.
CITY COUNCIL MINUTES 8 MARCH 1, 2010
10A-11
31 B VARIANCE NO. 2010-01 TO ALLOW THE INSTALLATION OF A WALL
SIGN THAT DOES NOT COMPLY WITH THE HEIGHT AND LOCATION
REQUIREMENTS OF THE SIGN CODE - 2890 NORTH MAIN STREET
Recommended action approved by the Planning Commission at its
February 8, 2010 meeting by a 4-0 vote (Gartner and Yrarrazaval absent)
Applicant: Mainplace Shoppingtown, LLC
MOTION: Receive and file the staff report approving Variance No.
2010-01 as conditioned.
*~`END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A EXTENSION OF ENTITLEMENTS FOR CONDITIONAL USE PERMIT
NO. 2006-12 AND MINOR EXCEPTION NO. 2006-04 TO ALLOW THE
CONSTRUCTION OF A COMMUNITY SERVICE FACILITY FOR THE
YMCA OF ORANGE COUNTY AT 2100 WEST ALTON AVENUE -
Planning and Building Agency
MOTION: Adopt a resolution
RESOLUTION NO. 2010-010 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA FOR THE EXTENSION OF
ENTITLEMENTS FOR CONDITIONAL USE PERMIT NO. 2006-12 AND
MINOR EXCEPTION NO. 2006-04 TO ALLOW THE ESTABLISHMENT
AND CONSTRUCTION OF A COMMUNITY SERVICE FACILITY FOR
THE YMCA OF ORANGE COUNTY AT 2100 WEST ALTON AVENUE
MOTION: Bustamante SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 9 MARCH 1, 2010
10A-12
COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 7:52
P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 7:54 P.M.
COUNCIL RECONVENED WITH ALL MEMBERS PRESENT
COMMENTS
90A CITY MANAGER'S COMMENTS -None.
90B CITY COUNCILMEMBER COMMENTS
Mayor Pulido made the following announcement:
• Fixed Guideway Project
° Two public listening sessions conducted, good feedback; people
want to improve transit options
° Draft EIR process for Fixed Guideway Project will begin in March
° City hosting "Scoping Sessions" to receive public input on transit
technology options and routers for Phase I
° Meeting to be held in late March; notices on City's website, in
addition to public notice boards and mailings
• Transit Zoning Code
° Draft EIR is available
° First public input meeting held on February 22"d
° Next public meeting will be held on March 22"d at 6 p.m. in the
Council Chambers
Councilmember Tinaiero
• Baseball opening ceremonies postponed to Friday and Saturday due
to rain and wished all good luck on upcoming season.
Councilmember Benavides
• Events scheduled for February 6th were postponed to Saturday, March
6th due to rain. Invited all to attend; and
• Announced that Santa Ana Zoo is celebrating its birthday with
festivities on Saturday and Sunday, March 6th and 7th;
• Requested adjournment in memory of Miguel Sandoval, active it
community volunteer at Westend COP. i
Manor Pro Tem Alvarez
• Commented on Tribute given earlier during the meeting to Juanita
Sarmiento's family and requested formal adjournment of meeting in her
memory.
CITY COUNCIL MINUTES 10 MARCH 1, 2010
10A-13
Councilmember Sarmiento
• Announced upcoming groundbreaking ceremony of the YMCA to be
held on March 16tH
Councilmember Martinez
• Thanked Mayor and community leaders who attended Career Day at
Santa Ana High School;
• Dr. Seuss Day is Tuesday, March 2"d; thanked all for reading to
children;
• Encouraged all residents to complete their Census application; and
• Noted that Legal Aid and United Way is providing free tax services
throughout the City.
Councilmember Bustamante
• Reiterated that baseball opening ceremonies would be held over the
weekend.
Mayor Pulido
• Echoed Councilmember Martinez' comment on the importance of
being counted on the Census; and
• Adjourned in memory of Juanita Sarmiento and Miguel Sandoval.
ADJOURNED - 8:02 p.m. -The next meeting of the City Council is scheduled for
Monday, March 15, 2010 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Business Meeting in
the Council Chamber, 60 Civic Center Plaza, Santa Ana, California.
Adjourned in memory of
Juanita Sarmiento
and
Miguel Sandoval
Maria D. Huizar, II
Clerk of the Council
CITY COUNCIL MINUTES 11 MARCH 1, 2010
10A-14