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Home My WebLink About AGENDA_2007-10-01 REVISED 09/28/07 City of Santa Ana Council Meeting Agenda OCTOBER 1, 2007 6:00 P.M. CITY COUNCIL CHAMBERS 22 Civic Center Plaza Miguel A. Pulido Mayor Claudia AlvarezVincent F. Sarmiento Mayor Pro Tem – Ward 5 Councilmember - Ward 1 Michele MartinezCarlos Bustamante Councilmember - Ward 2 Councilmember - Ward 3 P. David Benavides Sal Tinajero Councilmember - Ward 4Councilmember - Ward 6 Joseph W. FletcherDavid N. ReamPatricia E. Healy City Attorney City Manager Clerk of the Council NOTE: If you need special assistance to participate in this Council meeting, contact, Mary Kelley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102.) American Disabilities Act Title II) BASIC CITY COUNCIL MEETING INFORMATION AGENDA DESCRIPTIONS The Agenda descriptions provide the public with a general summary of the items of business to Recommended be considered by the Council. The Council is not limited in any way by the Action and may take any action, which the Council deems to be appropriate on an Agenda item. Except as otherwise provided by law, no action shall be taken on any item not appearing on the agenda. All supporting documentation for this Agenda is available for public review in the Clerk of the Council Office during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday. The Clerk’s Office is located in City Hall, 20 Civic Center Plaza, Room 809, Santa Ana, California, (714) 647-6520, and will be available for viewing in the Council Chambers during the meeting. PUBLIC INPUT An opportunity for the public to address the Council on agenda items will be provided before or during consideration of the item. Members of the public who wish to speak on any item on the agenda are requested to complete a speaker card for each item to be addressed, and present the completed card(s) to the Clerk of the Council. Requests to speak on multiple items may be combined at the discretion of the City Council. Speaker forms are available on the speaker’s podium and Chamber Lobby. The Council will also provide an opportunity for the public to speak on items of general interest within the subject matter jurisdiction of the Council and all related agencies. The Council and agencies may convene in joint session to receive public comments on matters within the jurisdiction of any such governing bodies. To speak on non-agenda matters, check the Public Comments box on the speaker form. When speaking, please state your name and address. Limit your remarks to three (3) minutes on each agenda item. When any group desires to address the City Council, the Council may request that its members agree on a spokesperson to make the presentation. The number of speakers and allotted time may be limited at the discretion of the City Council. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. A member of the Council may “pull” any item from the Consent Calendar for a separate vote. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the Clerk of the Council, in which case the item will also be “pulled” from the Consent Calendar. TELEVISED MEETING SCHEDULE Time Regular City Council meetings held in the Council Chamber are televised live on CTV3 Warner Cable and cablecast Mondays at 6:00 p.m., Tuesdays immediately following the Council Meeting at 9:30 a.m., Wednesdays at 6:30 p.m., and Sundays at 1:00 p.m. Three (3) DVD copies of the Council meeting cable broadcast are available for public circulation at the Santa Ana Main Library the day after the Council meeting AGENDA & MINUTES ON INTERNET City Council Meeting Agendas and Minutes are available the Friday before a Council meeting at the following website address: www.ci.santa-ana.ca.us CITY COUNCIL AGENDA 2 OCTOBER 1, 2007 CLOSED SESSION City Hall, Room 831 th 20 Civic Center Plaza, 8 Floor 5:30 p.m. REGULAR MEETING OCTOBER 1, 2007 CALL TO ORDER MAYOR PULIDO Councilmembers ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, SARMIENTO, TINAJERO City Manager, City Attorney, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido INVOCATION Dale Temple, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Wes Mitchell Senior Plumbing Inspector, Planning & Building Agency 25 YEARS OF SERVICE James B. Livingston Fire Safety Specialist III, Fire Department Jeffry C. Talmage Paramedic, Fire Department 30 YEARS OF SERVICE Ronald H. Leftige Firefighter, Fire Department PRESENTATIONS PROCLAMATION presented by MAYOR PULIDO to Sister Eileen McNerney for being recognized as a “Purpose Prize Fellow”. PROCLAMATION presented by MAYOR PULIDO to The International Dyslexia Association proclaiming October as “Dyslexia Awareness Month”. CITY COUNCIL AGENDA 3 OCTOBER 1, 2007 CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the new 2007- 2008 ComLink Board of Directors in recognition of their newly elected positions. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Eric th Scandrett in recognition of his financial sponsorship of the 20 Annual “Most Beautiful Yard Program”. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ recognizing Eric, Jessica and Rachel Cave for their courage and personal sacrifice in living without a car. CONSENT CALENDAR CONSENT CALENDAR Recommended Action: Approve staff recommendations on the following Consent Calendar items. ADMINISTRATIVE MATTERS MINUTES Recommended Action: Approve minutes. (Item 10.A. - 10.B.) 10.A. REGULAR MEETING MINUTES OF SEPTEMBER 17, 2007 10.B. ADJOURNED REGULAR MEETING MINUTES OF SEPTEMBER 17, 2007 NOTICE OF PUBLIC HEARING 12.A. ABANDONMENT NO. 06-04 – CONTINUATION OF PUBLIC HEARING TO VACATE A PORTION OF GRAND AVENUE AND FAIRHAVEN AVENUE INTERSECTION Recommended Action: Continue the public hearing for the vacation of a portion of land at the northeast corner of Grand Avenue and Fairhaven Avenue to November 5, 2007. BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT – SEPTEMBER 26, 2007 CITY COUNCIL AGENDA 4 OCTOBER 1, 2007 The Vacancy Report reflects only appointments made by the Council. Recommended Action: Receive and file. BOARD/COMMISSION VACANCIES WARD Community Redevelopment 1 Tenant Housing Commission Youth Commission - Alternate 2 3 & 5 Youth Commission Associate 6 1,3,4,5,6 & Mayor Youth Commission - Regular 1 1 Personnel Board 1 5 TOTAL 11 BOARD/COMMISSION EXPIRED WARD TERMS Historic Resources Commission 1 6 Human Relations Commission 1 At Large Library Board 1 Mayor Personnel Board 2 6 & Mayor Youth Commission – Alternate 1 4 TOTAL 6 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT (The City Attorney will report items to be considered from the Closed Session Meeting). 19.B. EXCUSED ABSENCES 19.C. YEAR-END COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UPDATE Recommended Action: Receive and File. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Recommended Action: CITY COUNCIL AGENDA 5 OCTOBER 1, 2007 Award in accordance with Requests for Council Action. (22.A. – 22.E.) 22.A. SPEC. NO. 07-076 - COMPACT PICKUP TRUCKS – PUBLIC WORKS AGENCY - Award a contract to Lake Chevrolet in the amount not to exceed $346,787 – Finance & Management Services Agency 22.B. SPEC. NO. 04-103 - TRAFFIC LINE PAINTING AND TRAFFIC SIGN MAINTENANCE – PUBLIC WORKS AGENCY - Renew the contract with Orange County Striping Service, Inc., for a one-year period in an amount not to exceed $451,464 – Finance & Management Services Agency 22.C. SPEC. NO. 06-152 - MISCELLANEOUS PLUMBING SUPPLIES -Renew the contract with Irvine Pipe & Supply, Inc., for a one-year period in an amount not to exceed $75,000 - Finance & Management Services Agency 22.D. (BID SPEC. 07-075) - COOLING SUIT UNDERGARMENTS - POLICE AND FIRE DEPARTMENTS - Award a contract to Wilcox Industries Corp. in the amount of $26,478.49 - Finance & Management Services Agency 22.E. SPEC. NOS. 07-077, 07-078, AND 07-079 - PASSENGER VEHICLES, VANS, AND HYBRID UTILITY VEHICLES – POLICE DEPARTMENT - Finance & Management Services Agency Recommended Action: 1. Award a contract to Bob Stall Chevrolet for the purchase of seven midsize passenger vehicles in an amount not to exceed $142,472. 2. Award a contract to Villa Ford for the purchase of seven hybrid utility vehicles in an amount not to exceed $196,569; and increase the aggregate limit for miscellaneous vehicle parts and repairs in an amount not to exceed $25,000 annually. 3. Award a contract to George Chevrolet for the purchase of six passenger and cargo vans in an amount not to exceed $139,999. PROJECTS – MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR MAIN STREET REHABILITATION; WALKIE THTH WAY TO NORTH CITY LIMITS, 8 STREET TO 18 STREET, COLUMBINE TO SUNFLOWER; MAIN STREET WATER MAIN FROM CITY COUNCIL AGENDA 6 OCTOBER 1, 2007 REVISED 09/27/07 TH 8 TO WASHINGTON (PROJECT NOS. 06-1009,06-1010,06-1011 AND 07-3205) Recommended Action: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,989,989 for construction of Main Street Rehabilitation and Water Main. 2. Approve a Funding Analysis with a total estimated construction cost of $2,486,100. 23.B. CONTRACT AWARD FOR FOURTH STREET AND TUSTIN AVENUE REHABILITATION (PROJECT NOS. 06-1717 AND 06-1019) Recommended Action: 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,482,555 for construction of Fourth Street and Tustin Avenue. 2. Approve a Funding Analysis with a total estimated construction cost of $1,853,400. 23.C. CONTRACT AWARD FOR FIRST STREET REHABILITATION AND WATER AND SEWER IMPROVEMENTS, AND SEGERSTROM AND WARNER AVENUES REHABILITATION (PROJECT NOS. 06-1008, 06- 1007, 06-1005, 07-3207 AND 07-3516 Recommended Action: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $5,215,174 for construction of First Street Rehabilitation and Water and Sewer Improvements, and Segerstrom and Warner Avenues Rehabilitation. 2. Approve a Funding Analysis with a total estimated construction cost of $7,499,300. 23.D. CONTRACT AWARD FOR SANTA CLARA AVENUE, AND SEVENTEENTH AND BRISTOL STREETS REHABILITATION (PROJECT NOS. 06-1012, 06-1018 AND 06-1715) CITY COUNCIL AGENDA 7 OCTOBER 1, 2007 REVISED 09/27/07 Recommended Action: 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $2,219,936 for construction of Santa Clara Avenue, and Seventeenth and Bristol Streets. 2. Approve a Funding Analysis with a total estimated construction cost of $3,052,600. BUDGETARY MATTERS AGREEMENTS Recommended Action: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.G.) 25.A. AGMT - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-04 - With Eric E. and Lynn T. Renezeder, Trustees of the Renezedar Family Trust, for the structure at 2357 North Riverside Drive - Planning & Building Agency 25.B. AGMT - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-05 - With Mark Rothenberg and Lauren Tarkow for the structure at 2415 North Poinsettia Street - Planning & Building Agency 25.C. AGMT – PURCHASE AGREEMENTS FOR 818 S. BRISTOL STREET (PROJECT 06-1500) - With R. Barbara Farkas, Trustee of the Farkus Trust dated December 20, 1988 for the purchase of the residential property located at 818 S. Bristol in the amount of $635,000 – Public Works Agency 25.D. AGMTS - TRAFFIC COUNTING SERVICES PROJECT (PROJECT NO. 5512) - With National Data & Surveying Services and Transportation Studies, Inc. for an amount not to exceed $50,000, with an option to extend the agreements for one additional year – Public Works Agency 25.E. AGMT - UNDERGROUND FUEL TANKS ANNUAL INSPECTION - Execute an amendment with Pacific Systems Electric in an amount not to exceed $76,000 - Finance & Management Services Agency CITY COUNCIL AGENDA 8 OCTOBER 1, 2007 REVISED 09/27/07 25.F. AGMT - LIBRARY AUTOMATION SYSTEM SERVICE AND SUPPORT - Execute an amendment with The Library Corporation, Inc. for a total amount not to exceed $27,500 - Library 25.G. AGMT – MAIN STREET REHABILITATION FROM WALKIE WAY TO NORTH CITY LIMIT – With the City of Orange – Public Works Agency **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR 55.A. RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA RECREATIONAL TRAILS PROGRAM Recommended Action: 1. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana approving the application for grant funds from the Recreational Trails Program to rehabilitate the Golden Loop Recreational Trail 2. Approve the Categorical Exemption (ER No. 2007-147) for the above listed project. 55.B. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM Recommended Action: 1. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana approving the application for grant funds from the California River Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) to enhance Edna Park 2. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana approving the application for grant funds from the California River Parkways Grant Program under the Water Security, Clean Drinking CITY COUNCIL AGENDA 9 OCTOBER 1, 2007 REVISED 09/27/07 Water, Coastal and Beach Protection Act of 2002 (Proposition 50) to th enhance the 17 Street Triangle 3. Receive and file Negative Declaration for Environmental Review No. 06-170. 55.C. RESOLUTION TO DEVELOP A YOUTH AND FAMILY MASTER PLAN Continued from the July 2, 2007 City Council Meeting by a vote of 7-0; Continued from the August 6, 2007 City Council Meeting by a vote of 6-1 (Martinez, no); August 20, 2007 City Council Meeting by a vote of 6-0 (Pulido absent) Recommended Action: Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana declaring its commitment to be a catalyst for the positive development of young people 55.D. RESOLUTION SUPPORTING SB 1 AND THE FEDERAL DREAM ACT (S. 774) Recommended Action: Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana endorsing the California Dream Act (Senate Bill 1) and The Federal Dream Act (S. 774) PUBLIC HEARINGS 75.A. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2007-04 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO DEFINE AND BAN MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES AND ORDINANCE AMENDMENT NO. 2007-02 TO AMEND CHAPTER 18 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES Filed by the City of Santa Ana to amend Chapter 41 of the Santa Ana Municipal Code to define and ban medical marijuana dispensaries in all CITY COUNCIL AGENDA 10 OCTOBER 1, 2007 zones and to amend Chapter 18 to prohibit medical marijuana dispensaries in the City. Recommended action approved by the Planning Commission at its September 24, 2007 by a vote of 6-0 (Munoz absent) Legal Notice published in the Orange County Reporter on September 21, 2007 Recommended Action: Place ordinance on first reading and authorize publication. ORDINANCE -An ordinance of the City Council of the City of Santa Ana adding Article XIII to Chapter 18, and adding Section 41-121 and amending Section 41-144 of the Santa Ana Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries 75.B. PUBLIC HEARING - AMENDMENT APPLICATION NO. 2007-02, SPECIFIC DEVELOPMENT NO. 81, TENTATIVE TRACT MAP NO. 2007- 04 (COUNTY MAP NO. 17071) AND SITE PLAN REVIEW NO. 2007-02 TO CHANGE THE ZONING FROM ARTERIAL COMMERCIAL TO SPECIFIC DEVELOPMENT NO. 81 AND TO SUBDIVIDE A LOT INTO 47 PARCELS AT 3321 SOUTH FAIRVIEW STREET Legal Notice published in the Orange County Reporter on September 21, 2007 Filed by Alton LLC to change the zoning designation of a parcel from Arterial Commercial (C5) to Specific Development No. 81 and approve a tract map to allow a 38 unit single-family detached condominium project at 3321 South Fairview Street. Applicant: Alton LLC Recommended Action: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007- 37. 2. Place ordinance on first reading and authorize publication. ORDINANCE -A ordinance of the City Council of the City of Santa Ana adopting Specific Development No. 81 (SD-81) and rezoning the property located at 3321 South Fairview Street from arterial Commercial (C5) to Specific Development No. 81 (SD-80) (AA No. 2007-02) CITY COUNCIL AGENDA 11 OCTOBER 1, 2007 3. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Program (Environmental Review No. 2007-37); approving Tentative Tract Map No. 2007-04 as conditioned (County Map No. 2007-04), and Site Plan Review No. 2007-02 as conditioned for the property located at 3321 South Fairview Street 75.C.PUBLIC HEARING –2007/08 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT Legal Notice published in the Orange County Reporter on September 21, 2007 Recommended Action: Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana to approve the proposed expenditure plan for the 2007-2008 Supplemental Law Enforcement Services Fund COUNCIL AGENDA ITEMS Pursuant to Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85.A. INCLUSION OF COLLECTIVE BARGAINING AGREEMENT REQUIREMENT IN THE REQUEST FOR PROPOSALS (RFP) FOR PARKING LOT MANAGEMENT SERVICES (ALVAREZ, SARMIENTO, TINAJERO) Continued from the September 17, 2007 City Council Meeting by a vote of 7-0 Recommended Action: Direction to staff. COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) HOUSING AUTHORITY MEETING (Blue Agenda) CITY COUNCIL AGENDA 12 OCTOBER 1, 2007 COMMENTS 90.A. PUBLIC COMMENTS AT THIS TIME the members of the public may address the City Council regarding any non-agenda items within the subject matter jurisdiction of the City Council. NO action may be taken on non-agenda items unless authorized by law. WHEN SPEAKING, please state your name and address for the record. Limit your remarks to three (3) minutes. The number of speakers and allotted time may be limited at the discretion of the Council. 90.B. CITY COUNCIL COMMENTS AT THIS TIME Councilmembers may comment on non-agenda matters and ask questions of or give directions to staff. NO action may be taken on non-agenda items unless authorized by law. ADJOURNMENT CITY COUNCIL AGENDA 13 OCTOBER 1, 2007