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HomeMy WebLinkAbout2010-09-07 Regular• • is MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 7, 2010 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None CLOSED SESSION ITEMS CITY HALL 20 CIVIC CENTER PLAZA, 8T" FLOOR SANTA ANA, CA 5:13 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ ABSENT: VINCENT F. SARMIENTO SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council City Attorney Fletcher excused himself from the proceedings of Item 1A due to a conflict of interest; his Family Trust owns a property rented by one of the party's attorney. He left the room and did not participate in discussion of this item. 1A CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Estate of Juan Carrasco v. City of Santa Ana; United States District Court Case No. SACV08-981 consolidated with: CITY COUNCIL MINUTES SEPTEMBER 7, 2010 C.M. and J.A. Carrasco v. City of Santa Ana; United States District Court Case No. SACV09-97 and Maria Elena De La Cruz v. City of Santa Ana; United States District Court Case No. SACV09-908 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators Employee Organizations: ADJOURNED Personnel Services Executive Director, Kathie Gonzalez 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 Confidential Association of Santa Ana 5:40 P.M. CITY COUNCIL MINUTES 2 SEPTEMBER 7, 2010 • • C� REGULAR CITY COUNCIL MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:52 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern CARLOS BUSTAMANTE P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO (5:55 p.m.) SAL TINAJERO (6:05 p.m.) PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS ABSENT. - NONE STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council Mayor Pulido Roger Aragon, Police Chaplain SPECIAL PRESENTATION by Congresswoman Loretta Sanchez on Federal Legislative Update PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Congresswoman Loretta Sanchez recognizing Hispanic Heritage Month. EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Jason P. Clemente, General Maintenance Worker, Parks, Recreation and Community Services CITY COUNCIL MINUTES Deborah Sanchez, Economic Development Specialist III, Community Development Agency 3 SEPTEMBER 7, 2010 Ray L. Perez, Parking Control Officer, Police Department PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Senator Lou Correa and Barry Ross in recognition of Childhood Obesity Prevention and Fitness Week. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the following supporters/organizations of the Pacific Electric Bike Festival on July 24th - Love Ministries, Santa Ana College, Taller San Jose, Southern California Association of Governments, Orange County Transportation Authority, CTA, Bicycle Tree, OCCCO, Air Quality Management District, Madison Park Neighborhood Association, St. Joseph Heritage Healthcare Center for Health Promotion, Lee's Sandwiches, REI, and Northgate Market. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Vy Khanh Truong for receiving the Gates Millennium Scholarship. PROCLAMATION presented by MAYOR PRO TEM ALVAREZ to the League of Women Voters recognizing the 90th Anniversary of the 191h Amendment of the United States Constitution which gave women the right to vote. PROCLAMATION presented by MAYOR PRO TEM ALVAREZ and COUNCILMEMBER SARMIENTO to Mexican Consul Alejandra Garcia Williams, Deputy Consul Francisco Anza & Consul of Community Affairs Lourdes Chavez recognizing the 2010 Bicentennial of Mexico's Independence. PROCLAMATION presented by MAYOR PULIDO and MAYOR PRO TEM ALVAREZ to Michael Valle for his courage to save the City of Santa Ana as part of his Make -A -Wish dream and CERTIFICATES OF RECOGNITION to the Make -A -Wish Foundation, Mike Harrah, Nathan Hittle and Robert Escalante for making wishes come true for children that have a life threatening disease. PROCLAMATION presented by COUNCILMEMBER BENAVIDES recognizing AYSO Region 517 25th Anniversary Celebration and CERTIFICATES OF RECOGNITION to Board members Rick Niedermayer, John Schultz, Ralph Dominguez, Omar Dominguez, Mario Alvarado, Heidi Galaviz, Jackie Carrasco, Elisa Perez, Gelacio Mondragon, Rudy Cordova, Regina Aguirre, Ana Mazariegos, Samuel Isaac, Gabriel Esquivel, Letty Macias, Frank Parra, Hector Jiminez, Gloria Alvarado for volunteering their services. CITY COUNCIL MINUTES 4 SEPTEMBER 7, 2010 CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to William Timothy Carver (Carver Construction) for their donation to the Lighthouse is Community CLOSED SESSION REPORT — Nothing to report. *City Attorney Fletcher provided summary on recent decision by the State Attorney General's Office on challenge brought about on limitations on addressing the City Council (under Public Comments). City Attorney Fletcher indicated that Public Comment is a limited public forum, speakers must respect the decorum of the legislative meeting, limit comments to jurisdiction of the Body, address comments through the Chair, comments must be about official actions — personal opinions or non -business activities are not appropriate, and avoid disturbing the meeting using profane language; are all reasons to be removed from the meeting if not adhered to. PUBLIC COMMENT • Albert Castillo — talked about various issues including: critical of City of Bell; thanked speakers for support on his 1st Amendment Rights and Councilmember Benavides and other Councilmember's for apology; talked about his past service on the Human Relations Commission - every 2 years had session on Brown Act; recent Grand Jury report and benefits received by Mayor Pulido; affirmative action; building numerous • apartment buildings without parks; streets being repaired, and read quote by Cesar Chavez. • Carin Agiman — support Item 31 D. • Dr. Carter Dewburry - support Item 31 D and accomplishments made in the downtown area. • Javier Saenz - support Item 31 D and encourages continued growth. • Irving Chase - support Item 31 D. • Ester Panebianco - support Item 31 D. • Jose Romo - support Item 31 D and new energy and businesses that the Chase family is planning on bringing to the City. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 39A with the following modifications: • Mayor Pulido pulled Item 31 D for separate discussion; • Mayor Pro Tern Alvarez voted "No" on Item 19C; • Mayor Pro Tern Alvarez pulled Item 39A for separate discussion; • Mayor Pro Tern Alvarez requested a continuance of Item 22C for 2 weeks (September 20, 2010); • Councilmember Martinez pulled Item 31 C for separate discussion; CITY COUNCIL MINUTES 5 SEPTEMBER 7, 2010 • Councilmember Sarmiento pulled Item 23A for separate discussion; and • Councilmember Tinajero pulled Item 11A for separate discussion. MOTION: Bustamante VOTE: MINUTES 10A AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Alvarez, Benavides, Bustamante, Pulido, Martinez Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS MINUTES OF REGULAR MEETING OF AUGUST 16, 2010 - Clerk of the Council Office MOTION: Approve Minutes. 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 Placed on first reading at the August 16, 2010 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on August 20, 2010. Councilmember Tinajero commented on the matter. Mr. Tefere Gebre also commented on the item. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2807 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 16-40 THROUGH 16-42 TO ARTICLE II OF CHAPTER 16 OF THE SANTA ANA CITY COUNCIL MINUTES 6 SEPTEMBER 7, 2010 MUNICIPAL CODE RELATED TO SOLID WASTE COLLECTION REGULATIONS • MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — Nothing to report. 19B EXCUSED ABSENCES - None is and DESTRUCTION OF OBSOLETE CITY RECORDS (City Manager's Office and Personnel Services 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 Tern Alvarez voted "No" on Item 19C. 19D CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT - Community Development Agency MOTION: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. BUDGETARY MATTERS • APPROPRIATION ADJUSTMENTS CITY COUNCIL MINUTES 7 SEPTEMBER 7, 2010 20A APPROPRIATION ADJUSTMENT - WORKFORCE INVESTMENT ACT INCENTIVE FUNDS MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011- 038 Recognizing revenues from the State of California in the amount of $13,442 in 15% (American Recovery and Reinvestment Act) Incentive Award funds - Community Development Agency 20B APPROPRIATION ADJUSTMENT - ELECTRONIC COMMUNICATIONS INTERCEPT ROOM EQUIPMENT UPGRADE (SPEC. NO. 10-032) - (Police Department) - Finance & Management Services MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 - 043 accepting the Federal Bureau of Investigation (FBI) funding in an amount of $73,000 into the Police Machine & Equipment account to enforce crimes in Orange County. 2. Award a contract to JSI Telecom for the purchase of electronic communications intercept room equipment upgrades in an amount not exceed $73,000. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A, 22B, and 22D) 22A SPEC. NO. 08-004 - DIESEL FUEL - Renew the contract with SC Fuels for a one-year period in an annual amount not to exceed $250,000 - Finance & Management Services 22B SPEC. NO. 09-008 - REPROGRAPHICS PAPERS AND ENVELOPES - Renew the contract with Unisource Worldwide Inc. for a one-year period in an annual amount not to exceed $80,000 (Police Department) - Finance & Management Services CITY COUNCIL MINUTES 8 SEPTEMBER 7, 2010 • U MOTION: Continue consideration of item to the September 20, 2010 Council Meeting. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 22D SPEC. NO. 10-029 - AMMUNITION - Award a contract for a total aggregate amount not to exceed $110,000 with the following vendors: Proforce Law Enforcements Adamson Police Products PROJECTS/CHANGE ORDERS Council commented on the matter. MOTION: San Diego Police Equipment Dooley Enterprises, Inc. 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $5,047,312 for construction of Residential Street Repair Phase 14. 2. Approve a Funding Analysis with a total estimated construction cost of $6,052,100. CITY COUNCIL MINUTES 9 SEPTEMBER 7, 2010 3. Authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement subject to non -substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010-159 - With the Community Redevelopment Agency of the City of Santa Ana (Agency) in an amount of $351,100. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 23B CONTRACT AWARD FOR LYON STREET REHABILITATION BETWEEN EDINGER AND CHESTNUT AVENUES (PROJECT NO. 116733) - Public Works Agency MOTION: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices for bid alternate "A" in the estimated amount of $642,387 for construction of Lyon Street Rehabilitation between Edinger and Chestnut Avenues. 2. Approve a Funding Analysis with a total estimated construction cost of $794,900. 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 25P) 25A AGMT NO. 2010-160 - HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010-09 - With Donald Walter and Joanne Doreen Payne for the structure located at 2022 North Ross Street (Cotton Mather House) - Planning and Building Agency CITY COUNCIL MINUTES 10 SEPTEMBER 7, 2010 25B AGMT NO. 2010-161 - HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010-11 - With Stephanie Colleen Stephens for the • structure located at 2003 North Ross Street (Frandson House) - Planning and Building Agency 25C AGMT NO. 2010-162 - HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010-12 - With Gumm and Livingston Investments, a General Partnership organized in California, for the structure located at 225 North Broadway (The Pacific Building) - Planning and Building Agency 25D AGMT NO. 2010-163 - HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010-13 - With Armin Schwegler for the structure located at 602 South Broadway (Fipps-Fink House) - Planning and Building Agency 25E AGMT NO. 2010-164 - 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 • 25F AGMT NO. 2010-165 - PROVIDE DEVELOPMENT OF CONTINUITY OF OPERATIONS PLANS FOR THE REMAINING CITIES AND AGENCIES IN THE URBAN AREA - With Willdan Homeland Solutions, an operating division of Willdan Group, Inc., in an amount not to exceed $985,000 - Police Department 25G AGMT NO. 2010-166 - TRAINING AND EXERCISE SERVICES - With Willdan Homeland Solutions, an operating division of Willdan Group, Inc. in an amount not to exceed $900,000 (grant funded) - Police Department 25H AGMT NO. 2010-167 - READY OC EMERGENCY PREPAREDNESS CAMPAIGN - With Westbound Communications for continuation of campaign that serves the Anaheim/Santa Ana Urban Area in an amount not to exceed $250,000 (funded by the Urban Areas Security Initiative UASI) - Police Department 251 HOMELESSNESS PREVENTION AND RAPID RE -HOUSING PROGRAM - Community Development Agency • AGMT NO. 2010-168 - Execute an amendment with Interval House in an amount of $20,000. CITY COUNCIL MINUTES 11 SEPTEMBER 7, 2010 • AGMT NO. 2010-169 - Execute an amendment with the Volunteer Center of Orange County/Illumination Foundation in an amount of $125,000. • AGMT NO. 2010-170 - Execute an amendment with WISE Place to add Homelessness Prevention services to their existing $145,000 Rapid Re - Housing contract. 25J DEPARTMENT OF LABOR JOB TECH PROGRAM - Community Development Agency • AGMT NO. 2010-171 - Execute an agreement with the Rancho Santiago Community College District in an amount of $201,648 to provide training to Santa Ana residents. • AGMT NO. 2010-172 - Execute a Memorandum of Understanding with the Cambodian Family for the period of July 1, 2010 through June 30, 2011 to place ten Santa Ana WORK Center computers at The Cambodian Family's computer lab to enhance services for Santa Ana residents. 25K AGMT NO. 2010-173 - RIGHT-OF-WAY FOR THE AT -GRADE RAIL SAFETY ENHANCEMENT PROJECT (PROJECT 091745) - With Evans Roofing Company, Inc. in an amount of $132,000 - Public Works Agency 25L INSTALLATION OF EQUIPMENT AT ADAMS PARK - Parks, Recreation & Community Services Agency MOTION: 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a lease agreement amendment, subject to non -substantive changes approved by the City Manager and the City Attorney. AGMT NO. 2010-174 — Execute an amendment with TowerCo Assets LLC for the installation of communications equipment at Adams Park 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011- 050 - Approve an appropriation adjustment recognizing $3,600 in the Capital Outlay Fund CITY COUNCIL MINUTES 12 SEPTEMBER 7, 2010 0 revenue account and appropriate same to the Capital Outlay Fund expenditure account. 25M AGMT NO. 2010-175 - ANNUAL SOFTWARE MAINTENANCE - Execute an amendment with LexisNexis, Inc. in an annual amount not to exceed $28,000 - Police Department 25N AGMT NO. 2010-176 - LAW ENFORCEMENT HELICOPTER SERVICES - With the Airborne Law Enforcement Services Joint Powers Authority in an annual amount not to exceed $360,000 - Police Department 250 AGMT NO. 2010-177 - POLICE SERVICE DOG TRAINING SERVICES - Execute an amendment with Adlerhorst International, Inc. in an annual amount not to exceed $50,000 - Police Department 25P AGMT NO. 2010-178 - SEXUAL ASSAULT EVIDENCE COLLECTION - With Anaheim Regional Medical Center - Police Department LAND USE MATTERS • CONDITIONAL USE PERMITNARIANCES 31A CONDITIONAL USE PERMIT NO. 2010-11 TO ALLOW A 56-FOOT HIGH MONOPINE WIRELESS FACILITY - 2151 EAST SANTA CLARA AVENUE - COASTAL BUSINESS GROUP, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on August 9, 2010, by a vote of 5-0 (Betancourt and Gartner absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2010-11 as conditioned. 31 B CONDITIONAL USE PERMIT NO. 2010-12 TO ALLOW THE SOUTHWEST COMMUNITY CENTER TO OPERATE A NEIGHBORHOOD SERVICE FACILITY AT 1601 WEST SECOND STREET — CONNIE JONES, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on August 9, • 2010, by a vote of 5-0 (Betancourt and Gartner absent). CITY COUNCIL MINUTES 13 SEPTEMBER 7, 2010 Councilmember Martinez commented on the matter. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2010-12 as conditioned. Recommended action approved by the Planning Commission on August 23, 2010, by a vote of 7-0 Councilmember Martinez commented on the matter. MOTION: Receive and file the staff report approving modifications to Conditional Use Permit No. 2008-35 as conditioned. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) * Councilmember Sarmiento excused himself from the proceedings of Item 31 D due to a conflict of interest; he represents clients within 500 feet radius of the project area and left the dais. He did not participate on items 31 C and 31 D. Recommended action approved by the Planning Commission on August 23, 2010, by a vote of 7-0. Councilmembers Martinez, Bustamante, Benavides, Mayor Pro Tern Alvarez, and Mayor Pulido commented on the project. CITY COUNCIL MINUTES 14 SEPTEMBER 7, 2010 MOTION: Receive and file the staff report approving Conditional Use • Permit No. 2010-04 as conditioned and Conditional Use Permit No. 2010-06 as conditioned. • • MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: TENTATIVE PARCEL/TRACT MAPS SECOND: Alvarez Alvarez, Benavides, Martinez, Tinajero (6) None (0) Sarmiento (1) None (0) Bustamante, Pulido, 32A DENSITY BONUS AGREEMENT AND APPLICATION NO. 2010-01 AND TENTATIVE TRACT MAP NO. 2009-01 TO ALLOW A FIVE -UNIT RESIDENTIAL DEVELOPMENT AT 5301 WEST SILVER DRIVE - EDWARD PADILLA, JR., APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on August 9, 2010 by a vote of 4-1 (Acosta opposed; Betancourt and Gartner absent). MOTION: 1. Receive and file the staff report approving Density Bonus Application No. 2010-01 and Tentative Tract Map No. 2009-01 (County Map No. 17323) as conditioned. 2. Authorize the City Manager and Clerk of the Council to execute a Density Bonus agreement with Integrity Builders & Associates, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney for the development of an affordable for sale unit. AGMT NO. 2010-179 - With Integrity Builders & Associates, Inc for the development of an affordable for sale unit MISCELLANEOUS — LAND USE W I Y COUNCIL MINUTES 15 SEPTEMBER 7, 2010 Councilmembers Benavides and Martinez commented on the matter. Mayor Pro Tern Alvarez noted that a Ceremony will be held on September 22, 2010 at 6 p.m. MOTION: Receive and file the staff report and affirm the naming of the playground at Angels Community Park the Virginia Avila Playground (Public Facilities Naming No. 2010-01). MOTION: Alvarez VOTE: AYES: NOES: SECOND: Martinez Alvarez, Benavides, Bustamante, Pulido, Martinez, Sarmiento, Tinajero (7) None (0) ABSTAIN: None (0) ABSENT: None (0) **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A RESOLUTION APPROVING RELOCATION PLAN FOR AGENCY ACQUISITIONS IN THE STATION DISTRICT - Community Development Agency Continued from the August 16, 2010 City Council meeting by a vote of 7-0. MOTION: Adopt resolution. RESOLUTION NO. 2010-042 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 812 E. SANTA ANA BLVD., 602-604 E. 5T" STREET, 607 E. 6T" STREET, 609 E. 6T" STREET, 613 E. 6T" STREET, 615 E. 6T" STREET, 911 BROWN STREET, AND 409-411 N. MINTER MOTION: Martinez SECOND: Alvarez CITY COUNCIL MINUTES 16 SEPTEMBER 7, 2010 VOTE: AYES: • NOES: Alvarez, Benavides, Bustamante, Pulido, Martinez, Sarmiento, Tinajero (7) None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION AMENDING THE RESIDENTIAL PARKING PERMIT AND SOCCER SURCHARGE FEE FOR FISCAL YEAR 2010-2011 Parks, Recreation & Community Services Agency and Public Works Agency MOTION: Approve a resolution. MOTION: Bustamante SECOND: Sarmiento Council discussion ensued. Councilmember Sarmiento modified recommended action to add a one-year moratorium through the end of the fiscal year on the adult soccer surcharge fee. AMENDED MOTION: Approve a one-year moratorium on collection of adult soccer surcharge fee through the end of the fiscal year and • revise resolution accordingly. RESOLUTION NO. 2010-043 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PERMIT PARKING FEE AND REPEALING IN PART RESOLUTION NO. 2010-023 MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED AT 8:34 P.M. FOR A JOINT MEETING. CITY COUNCIL MINUTES 17 SEPTEMBER 7, 2010 JOINT PUBLIC HEARING SESSION OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY 80A JOINT PUBLIC HEARING — DISPOSITION AND DEVELOPMENT AGREEMENT AND LOAN AGREEMENTS — BUSH AND BIRCH STREET PROPERTIES Legal notice published in the O.C. Reporter on August 23, 2010 and August 30, 2010. Recommended action approved by the Community Redevelopment and Housing Commission on August 17, 2010, by a vote of 4-0, (Verino absent). Mayor Pulido opened the Public Hearing at 8:35 p.m. There were no public speakers and closed the public hearing. CITY COUNCIL ACTION MOTION: 1. Direct the City Attorney to prepare and authorize the Deputy City Manager and Clerk of the Council to execute a loan agreement subject to non -substantive changes approved by the Deputy City Manager and City Attorney. AGMT NO. 2010-180 - With Santa Ana WBBB, LP in an amount not to exceed $500,000, for 217-219 South Birch Street 2. Direct the City Attorney to prepare and authorize the Deputy City Manager and Clerk of the Council to execute a loan agreement subject to non -substantive changes approved by the Deputy City Manager and City Attorney. AGMT NO. 2010-181 - With Santa Ana WBBB, LP in an amount not to exceed $500,000, for 435-437 South Birch Street 3. Direct the City Attorney to prepare and authorize the Deputy City Manager and Clerk of the Council to execute a loan agreement, subject to non -substantive changes approved by the Deputy City Manager and City Attorney. AGMT NO. 2010-182 - With Santa Ana WBBB, LP in an amount not to exceed $500,000 for 2034-2038 Bush Street COMMUNITY REDEVELOPMENT AGENCY ACTION MOTION: CITY COUNCIL MINUTES 18 SEPTEMBER 7, 2010 • • 1. Adopt a resolution. CRA RESOLUTION NO. 2010-004 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND ORANGE HOUSING DEVELOPMENT CORPORATION AND C&C DEVELOPMENT 2. Direct the Agency General Counsel to prepare and authorize the Executive Director and Agency Secretary to execute a loan agreement, subject to non -substantive changes approved by the Executive Director and Agency General Counsel. AGMT - With Santa Ana WBBB, LP in an amount not to exceed $303,667 for 217-219 South Birch Street 3. Direct the Agency General Counsel to prepare and authorize the Executive Director and Agency Secretary to execute a loan agreement, subject to non -substantive changes approved by the Executive Director and Agency General Counsel. AGMT - With Santa Ana WBBB, LP in an amount not to exceed $303,667 for 435-437 South Birch Street 4. Direct the Agency General Counsel to prepare and authorize the Executive Director and Agency Secretary to execute a loan agreement, subject to non -substantive changes approved by the Executive Director and Agency General Counsel. AGMT - With Santa Ana WBBB, LP in an amount not to exceed $303,667 for 2034-2038 Bush Street MOTION: Martinez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADJOURNED JOINT MEETING AT 8:36 P.M. CITY COUNCIL MINUTES 19 SEPTEMBER 7, 2010 COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 8:35 P.M., FOLLOWED BY THE HOUSING AUTHORITY MEETING AND RECONVENED AT 8:36 P.M. WITH SAME MEMBERS PRESENT COMMENTS 90A CITY MANAGER'S COMMENTS — City Manager Ream noted the great success with the neighborhood growth program, working on developing industrial streets and will return with report in a year. 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Attended several events held on Saturday at Artist Village and Downtown Santa Ana - opening night of Film Fiesta kicked off events for Fiestas Patrias (being held this coming weekend); there is a running film at Yost Theater; and had opening night at Old County Courthouse; and • Event on corner of French and 4th was held open-air for viewing of artwork by Frida Kahlo that was presented by Gregorio Luque; lecture was engaging; site should be considered for open plaza - music, art, and multi -purpose gathering; opined that it would be a great location for downtown plaza. Councilmember Martinez: • Agreed with Councilmember Sarmiento's comments about open space and support effort. • Discussed personal commitment and involvement on the council and other regional boards - specifically SCAG, and need to have representation on a regional and state level. Councilmember Bustamante: • Echoed Martinez comments on commitment needed to be an elected official and indicated that he was proud to serve the community. Councilmember Tinajero: • Urged reporters who write about City to be fair, impartial, and compare all cities alike, not be based on Council ethnic composition. • Thanked all who attended the Zoo event on Saturday, candidate for State Governor Jerry Brown also attended. • Noted that tonight's meeting had diverse actions on the Agenda; Council investing in downtown and City is business friendly. • Wished wife Jennifer Tinajero a Happy Anniversary. Councilmember Benavides: CITY COUNCIL MINUTES 20 SEPTEMBER 7, 2010 • Proposed that vacant lot on 4th and Spurgeon be used as open plaza area. Downtown Inc. has used lot for various events, community would • benefit. • Requested that City Clerk look into archiving City Council meetings on the web. • On Saturday will hold monthly Community Office Hours at Jerome Park from 9-12 noon. Mayor Pro Tern Alvarez: • Wished all school aged children well wishes as they begin another school year. • Attended events held last Saturday; well attended. • Noted that elected officials serve on various boards throughout the region and receive some compensation for service; compensation is substantiated by the long hours spent reviewing materials and attending meetings; elected officials often accused of violations that are often times unfounded. Thanked council for their commitment on the various boards and proud of service to the community. Council has approved projects such as street repair program, Bristol widening, Towers at MacArthur, groundbreaking of Marriott Hotel across from Towers. And thanked neighborhood leaders for their efforts. Mayor Pulido: • Stated that public officials enter job freely; always working; no clock in or • out; full-time commitment needed with a desire to make a difference, and love for the City. • ADJOURNED- 9:12 P.M. - The next meeting of the City Council is scheduled for Monday, September 20, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 21 SEPTEMBER 7, 2010