The URL can be used to link to this page

Home My WebLink About AGENDA_2009-12-07REVISED 12/04/2009 City Council Meeting Agenda December 7, 2009 CLOSED SESSION th City Hall, 8 Floor, Room 831 20 Civic Center Plaza, 5:00 p.m. REGULAR MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza (Immediately following the Closed Session Meeting) 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. ReamMaria D. Huizar City Attorney City Manager Clerk of the Council NOTE:If you need special assistance to participate in this Council meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Basic City Council Meeting Information Code of Ethics and Conduct The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter of the City of Santa Ana which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the Council. The Council is not limited in any way by the “Recommended 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 listed on the agenda. Public Input - Members of the public shall be given three (3) minutes to address the City Council on any and all matters contained on the City Council agenda as well as the agendas of any of the City’s related agencies scheduled at the same time; members of the public shall be given three (3) minutes to address the City Council for each duly noticed hearing, unless the matter is continued prior to taking public testimony; members of the public shall also be provided an opportunity to address the Council on issues of public interest within the subject matter jurisdiction of the City Council. All requests to speak shall be submitted in writing by submitting a speaker card to the Clerk of the Council. No requests to speak shall be accepted after the public comment session begins without permission of the presiding officer. 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 unless a member of the Council “pulls” an item(s) from the consent calendar for a separate vote. Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the Clerk of the Council Office during normal business hours. Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the Office of the Clerk of the Council and are available for public inspection 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. Council meeting agendas, staff reports, and minutes are available the Friday before a Council meeting at the following website address: www.santa-ana.org Televised Meeting Schedule - All regular Council meetings will be televised and available for viewing on the City’s web page live or taped delayed. Meetings held in the Council Chamber or other designated locations which are televised live on CTV3 Time Warner Cable will be cablecast Mondays at 6:00 p.m., Tuesdays immediately following the Council meeting at 9:00 a.m., Wednesdays at 6:00 p.m., and Sundays at 1:00 p.m. Meetings held in locations that do not have a live cable feed will be videotaped and shown on CTV3 and the City’s website one day following the Council meeting. DVD copies of the Council meetings for loan will be available for public circulation at the Santa Ana Main Library the day after the Council meeting. 1 CITY COUNCIL AGENDA 2 DECEMBER 7, 2009 CITY OF SANTA ANA CITY COUNCIL REGULAR MEETING DECEMBER 7, 2009 REGULAR MEETING (Immediately following the Closed Session Meeting at 5:00 p.m.) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, TINAJERO, SARMIENTO INVOCATION Robert Barnett, Police Chaplain PLEDGE OF ALLEGIANCE MAYOR PULIDO EMPLOYEE SERVICE AWARDS YEARS DEPARTMENT TITLE OF SERVICE NAME Angela Christensen City Manager’s Office Secretary to the City 25 Manager Roger A. Jones Parks, Recreation & Senior Librarian 30 Community Services Bich D. Ta Finance & Management Supervising 30 Services Accountant Robert Hernandez Jr. Parks, Recreation & General Maintenance 35 Community Services Supervisor Ronald Y. Ono Parks, Recreation & Administrative 40 Community Services Services Manager PRESENTATIONS PROCLAMATION presented by MAYOR PULIDOto Consul Carlos Rodriguez Y Quezada for his service to the Mexican Consulate in Santa Ana. CITY COUNCIL AGENDA 3 DECEMBER 7, 2009 CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the participants of the Summer Youth Program for their outstanding service and leadership to the City of Santa Ana Youth Employment Program. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZto Alex Flores for helping fellow students stay in school by successful fundraising efforts at Santa Ana College. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTOto Dr. Gaston Cilliani for his work at Popular Medical Clinic and for providing free medical services to patients in Santa Ana. CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENT ON AGENDA ITEMS Prior to consideration of the consent and business calendars on the agenda, the public will be given the opportunity to speak on any and all matters contained on the Council agenda or the agendas of any of the City’s related agencies (if any). All requests to speak shall be submitted in writing to the Clerk of the Council. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE PRESIDING OFFICER. Members of the public shall be given a total of three (3) minutes to address the City Council on any and all matters contained on the City Council and all Agency agendas for tonight’s meeting. CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 25I. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE CLOSED SESSION AND REGULAR MEETING OF NOVEMBER 16, 2009 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: CITY COUNCIL AGENDA 4 DECEMBER 7, 2009 REVISED 12/04/2009 BOARDS/COMMISSIONS 13A APPOINTMENTS AppointJoe Yañez (Ward 4 resident) to RECOMMENDED ACTION: the Community Redevelopment and Housing Commission nominated by Councilmember Benavides as the Ward 4 representative for a partial term expiring December 14, 2010 (replacing Roman Reyna). MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office 19B EXCUSED ABSENCES 19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office; Parks Recreation, and Community Services, Personnel Services Agency; Public Works Agency - Clerk of the Council Office : Approve the requests for the destruction RECOMMENDED ACTION of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006- 045. 19D QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services : Receive and file the Quarterly Report of RECOMMENDED ACTION Contracts entered into between July 1, 2009 and September 30, 2009, valued at $25,000 and less. 19E COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2008-2009 - Community Development Agency : Receive and file the Community RECOMMENDED ACTIONS Redevelopment Agency Annual Report for FY 2008-2009 consisting of: 1. The Annual Audit Report as prepared by Macias Gini & O’Connell, LLP. 2. The Annual Report of Financial Transactions. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies. CITY COUNCIL AGENDA 5 DECEMBER 7, 2009 4. Annual Statement of Indebtedness. 5. All other information as required pursuant to California Redevelopment Law. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT - ACCEPT THE 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) - Police Department : RECOMMENDED ACTIONS 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-050 - Recognizing the 2009 Edward Byrne Memorial Justice Assistance Grant in the amount of $203,144 into the revenue account and appropriate same into the 2009 Edward Byrne Memorial Justice Assistance Grant Expenditure account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement. AGMT – With the County of Orange, Sheriff’s Department to transfer the 2009 Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $203,144. SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A through 22C) 22A SPEC NO. 06-168 - FIRE DEPARTMENT UNIFORMS - Renew the contracts with Carmen’s Uniforms, Inc. and Galls, and Aramark Co. LLC, for a one-year period in an aggregate amount not to exceed $120,000 – Fire Department 22B SPEC NO. 09-056 - MISCELLANEOUS ELECTRICAL SUPPLIES - Amend the contract with Curley Wholesale Electric in the amount of $25,000 for an annual amount not to exceed $50,000 – Finance & Management Services CITY COUNCIL AGENDA 6 DECEMBER 7, 2009 22C SPEC. NO. 09-051 - PREPAID GASOLINE CARDS - Award a contract to SVM, LP for a two-year period, with provision for two one-year renewals, in an annual amount not to exceed $85,000 – Community Development Agency and Personnel Services PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR PHASE 10 (PROJECT NO. 10-6707) - Public Works Agency : RECOMMENDED ACTIONS 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate one in the estimated amount of $3,707,956.48 for construction of Residential Street Repair Phase 10. 2. Approve a Funding Analysis with a total estimated construction cost of $4,448,000. 23B CONTRACT AWARD FOR RECYCLED WATER CONSERVATION PROJECT (PROJECT NO. 09-3215) - Public Works Agency : RECOMMENDED ACTIONS 1. Award a contract to Guerrero Backhoe Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $195,240 for construction of the Recycled Water Conservation Project. 2. Approve a Funding Analysis with a total estimated construction cost of $253,800. 23C CONTRACT AWARD FOR CABRILLO TENNIS CENTER CLAY COURT (PROJECT NO. 10-2602) - Public Works Agency RECOMMENDED ACTIONS: 1. Award a contract to Saviano Company, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate three in the estimated amount of $133,605 for construction of Cabrillo Tennis Center Clay Court. 2. Approve a Funding Analysis with a total estimated construction cost of $170,000. CITY COUNCIL AGENDA 7 DECEMBER 7, 2009 AGREEMENTS Authorize the City Manager and Clerk of RECOMMENDED ACTION: the Council to execute the following agreements, subject to non- substantive changes approved by the City Manager and City Attorney. (Item 25A through 25I) 25A AGMT - ELECTRONIC DOOR ACCESS SYSTEM - Execute an amendment with Simplex/Grinnell LP, for an additional amount of $14,024.40 bringing the total amount to $74,024.40 for a one-year term - Police Department 25B AGMT - PREVENTIVE MAINTENANCE AND REPAIR OF THE FIRE ALARM SYSTEM AT THE POLICE ADMINISTRATION AND HOLDING FACILITY - With Siemens Building Technologies for one year, with provision for two, one-year renewals, in an annual amount not to exceed $38,000 - Police Department 25C AGMT - PREVENTIVE MAINTENANCE OF ELEVEN ELEVATORS AT THE POLICE ADMINISTRATION AND HOLDING FACILITY - With Otis Elevators for a two-year period with options for two one-year renewals, in the annual amount not to exceed $60,880 - Police Department 25D AGMTS - INSTALLATION OF COMMUNICATIONS EQUIPMENT AT HERITAGE, ROSITA AND WINDSOR PARKS - Parks, Recreation & Community Services Agency : RECOMMENDED ACTIONS 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute the agreements: A. AGMT - Execute an amendment with Tower Co. LLC for Heritage Park. B. AGMT - Execute an amendment with Tower Co. LLC for Rosita Park. C. AGMT - Execute an amendment with Tower Co. LLC for Windsor Park. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-051 - Recognizing the $10,800 in the Capital Outlay Fund revenue account and appropriate the same to the Capital Outlay Fund expenditure account CITY COUNCIL AGENDA 8 DECEMBER 7, 2009 25E AGMT - STEAM CLEANING SERVICES FOR SOUTH MAIN, TRANSPORTATION CENTER AND PUBLIC PARKING LOTS - Execute an amendment with TSCM for a one-year period in an annual amount not to exceed $72,000 – Community Development Agency 25F AGMTS - ACQUISITION OF RIGHT-OF-WAY FOR THE DYER/REDHILL INTERSECTION WIDENING PROJECT - Public Works Agency : RECOMMENDED ACTIONS 1. Authorize the City Manager and the Clerk of the Council to execute a cooperative agreement. AGMT – With the City of Irvine 2. Authorize the City Manager and the Clerk of the Council to execute purchase and sale agreements. A. AGMT – With CFRI/Greenlaw Dyer Road L.L.C., a Delaware Limited Liability Company, for $1,079,606 B. AGMT – With DRSS-I, LLC, a California Limited Liability Company, for $4,257,880 25G AGMT - ENERGY PARTNERSHIP TO DELIVER ENERGY EFFICIENCY PROGRAMS AND EDUCATION - With Southern California Edison in a not-to-exceed amount of $1,513,163 - Public Works Agency 25H AGMT - TAXI SERVICE AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Execute a third renewal option amendment with A White and Yellow Cab Company in an amount of $6,024 per month for a one-year term - Public Works Agency 25I AGMT - LEGAL SERVICES - With the Law Firm of Atkinson, Andelson, Loya, Rudd & Romo – City Attorney’s Office and Personnel Services Agency CONDITIONAL USE PERMIT / VARIANCES 31A CONDITIONAL USE PERMIT NO. 2009-19 TO ALLOW A CARWASH FACILITY AT 202 EAST FIRST STREET - Planning and Building Agency Recommended Action approved by the Planning Commission on October 26, 2009 by a 5-0 vote (Gartner abstained). Applicant: James Gartner and Associates Architects CITY COUNCIL AGENDA 9 DECEMBER 7, 2009 : Receive and file the staff report RECOMMENDED ACTION approving Conditional Use Permit No. 2009-19 as conditioned. MISCELLANEOUS – LAND USE 39A PUBLIC FACILITIES NAMING NO. 2009-01 - TO NAME A ROOM WITHIN THE TEENSPACE AREA OF THE SANTA ANA MAIN PUBLIC LIBRARY LOCATED AT 26 CIVIC CENTER PLAZA THE ESTELLA R. SHULSE TEEN ACTIVITY ROOM - Parks, Recreation & Community Services Agency Recommended action approved by the Board of Recreation and Parks on October 28, 2009 by a vote of 7-0 (Orea absent). Recommended action approved by the Planning Commission on November 9, 2009 by a vote of 5-0 (Betancourt absent). Applicant: City of Santa Ana Parks, Recreation and Community Services Agency : Receive and file the staff report and RECOMMENDED ACTION affirm the naming of a room within the TeenSpace area of the Santa Ana Main Public Library the Estella R. Shulse Teen Activity Room (Public Facilities naming No. 2009-01). **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A ORDINANCE - AMEND SECTION 10-280 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FALSE ALARM PENALTY ASSESSMENTS - Police Department : Place ordinance on first reading and RECOMMENDED ACTION authorize publication of title. CITY COUNCIL AGENDA 10 DECEMBER 7, 2009 ORDINANCE – An ordinance of the City Council of the City of Santa Ana amending Section 10-280 of the Santa Ana Municipal Code relating to False Alarm Penalty Assessments RESOLUTIONS 55A RESOLUTION - FY 2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT - Fire Department : RECOMMENDED ACTIONS 1. Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Fire Chief to act on behalf of the City to obtain 2009 Emergency Management Performance Grant Funds through the County of Orange 2. Authorize the City Manager and the Clerk of the Council to execute a sub-grantee agreement, subject to non-substantive changes approved by the City Manager and the City Attorney. AGMT – With County of Orange, Orange County Sheriff’s Office in the amount of $25,140 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-048 - Recognizing the 2009 Emergency Management Performance Grant funds and appropriate the same into the 2009 Emergency Management Performance Grant expenditure account. PUBLIC HEARINGS 75A PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009-07 TO AMEND THE PROVISIONS OF CHAPTER 41 PERTAINING TO WATER EFFICIENT LANDSCAPING AND ADOPT NEW REGULATIONS FOR WATER EFFICIENT LANDSCAPING - Planning and Building Agency CITY COUNCIL AGENDA 11 DECEMBER 7, 2009 Recommended action approved by the Planning Commission on November 9, 2009 by a vote of 4-0 (Betancourt and Leo abstained). Legal Notice published in the O.C. Reporter on November 27, 2009. : Place ordinance on first reading and RECOMMENDED ACTION authorize publication of title. ORDINANCE – An ordinance of the City Council of the City of Santa Ana amending Chapter 41 of the Santa Ana Municipal Code to update the City’s water efficiency standards for proposed development projects with substantial landscaping JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY 80A APPROVAL OF PREDEVELOPMENT AGREEMENTS FOR THE STRATEGIC PLANNING AND DEVELOPMENT OF THE STATION DISTRICT – Community Redevelopment Agency CITY COUNCIL : Authorize the City Manager and Clerk of RECOMMENDED ACTION the Council to execute Predevelopment Agreements. AGMTS – Between the Community Redevelopment Agency of the City of Santa Ana, the City of Santa Ana, The Related Companies of California, LLC, a California limited liability company and Griffin Realty Corporation, a California Corporation. COMMUNITY REDEVELOPMENT AGENCY : Authorize the Executive Director and RECOMMENDED ACTION Agency Secretary to execute the Predevelopment Agreements between the Community Redevelopment Agency of the City of Santa Ana, the City of Santa Ana, The Related Companies of California, LLC, a California limited liability company and Griffin Realty Corporation, a California Corporation (jointly, the “Developer”) for: 1) the development of 48 Agency-owned parcels in the Station District; and 2) the strategic planning and overall development of the Station District. CITY COUNCIL AGENDA 12 DECEMBER 7, 2009 80B APPROPRIATION ADJUSTMENT – EDUCATIONAL REVENUE AUGMENTATION FUND FY 2008-2009 – Community Redevelopment Agency CITY COUNCIL : Approve an appropriation adjustment. RECOMMENDED ACTION (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-053 – Transferring funds from the Merged Redevelopment Project Area Fund to the Low and Moderate- Income Housing Fund to return the funds borrowed to pay the County Educational Revenue Augmentation Fund as required by legislation implementing the California State Budget for FY 2008-2009. COMMUNITY REDEVELOPMENT AGENCY ACTION : Adopt a resolution returning $3,679,545 RECOMMENDED ACTION to the Housing Set-Aside Funds, which had been borrowed to make the FY 2008-2009 payment to the Educational Revenue Augmentation Fund. 80C RELOCATION AND REHABILITATION CONTRACT FOR REDEVELOPMENT AGENCY PROPERTIES Recommended action approved by the Community Redevelopment and Housing Commission on November 17, 2009 by a vote of 5-0. CITY COUNCIL : Approve an appropriation adjustment. RECOMMENDED ACTION (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-052 – Recognizing Housing Set-Aside fund revenues of $733,082. COMMUNITY REDEVELOPMENT AGENCY ACTION : RECOMMENDED ACTIONS 1. Authorize the Executive Director or designee and Agency Secretary to execute the Construction Contract with Michael Mihos, Construction, Inc. in the amount of $522,707, subject to non-substantive changes approved by the Executive Director and Agency General Counsel. CITY COUNCIL AGENDA 13 DECEMBER 7, 2009 2. Approve a project budget not to exceed $601,113 which includes a 15 percent contingency. COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) HOUSING AUTHORITY MEETING (Blue Agenda) PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST (At the discretion of the Chair, this item may be considered at an earlier time and combined with public comments on agenda items) Members of the public shall be provided the opportunity to address the City Council on issues of public interest within the subject matter jurisdiction of the City Council. When speaking, all persons addressing the City Council shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. DEADLINE TO SUBMIT REQUEST TO SPEAK - NO REQUESTS TO SPEAK SHALL BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE PRESIDING OFFICER. CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER’S COMMENTS 90B CITY COUNCILMEMBER COMMENTS ADJOURNMENT - The next meeting of the City Council is scheduled for Monday, December 21, 2009 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. CITY COUNCIL AGENDA 14 DECEMBER 7, 2009