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Home My WebLink About AGENDA_2008-09-02 City of Santa Ana Council Meeting Agenda TUESDAY, SEPTEMBER 2, 2008 CLOSED SESSION CITY HALL 20 Civic Center Plaza, 8th Floor 5:30 PM REGULAR MEETING CITY COUNCIL CHAMBERS 22 Civic Center Plaza 6:00 P.M. 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 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 DESCRIPTIONS 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. Late materials received following the posting of the agenda will be available for viewing in the Council meeting location during the session. PUBLIC INPUT AGENDA ITEMS – 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 also 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; Following the conclusion of all agenda matters, members of the public shall be provided three (3) minutes 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. 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. 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 CITY COUNCIL AGENDA 2 SEPTEMBER 2, 2008 CITY OF SANTA ANA CITY COUNCIL MEETING TUESDAY, SEPTEMBER 2, 2008 CALL TO ORDER 5:30 P.M. CLOSED SESSION (See Separate Agenda for Closed Session Items) REGULAR MEETING 6:00 P.M. CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, TINAJERO, SARMIENTO PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Robert Barnett, Police Chaplain PRESENTATIONS PROCLAMATION presented by MAYOR PULIDOto Sister Eileen McNerney in recognition of her retirement from Taller San Jose. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDOto Dr. Robert Espinoza for his work with “Homework in the Hood”. PROCLAMATION presented by MAYOR PULIDO proclaiming September 25, 2008 as “Arbor Day”. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZto Vincent Virgen and Tony Chiaramonte for their act of heroism in saving family members from a burning house in Floral Park. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to Commander Dave Valentin congratulating him on his induction into the Santa Ana College Hall of Fame. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to the family of Raul Ayala Jr. in memory of Raul Ayala Jr. and the naming of the new “Raul Ayala Jr. Sports Court” at Thornton Park. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZto Candice Price congratulating her on being awarded “Youth of the Year” by the Santa Ana Youth Commission. CITY COUNCIL AGENDA 3 SEPTEMBER 2, 2008 CERTIFICATE OF RECOGNITION presented by COUNCILMEMBERMARTINEZ to Pastors Nati and Teresa Alvarado for their “Back-to-School Project Backpack Event”. CLOSED SESSION REPORT (The City Attorney will report items to be added to the Consent Calendar from the Closed Session meeting). PUBLIC COMMENT ON AGENDA ITEMS Prior to consideration of the consent and business calendars on the agenda, the City Council and all other related City Agencies meeting on this date will convene in joint session to receive public comments regarding any agenda items on the City Council agenda and any agenda or non-agenda items on the respective agencies agendas. All requests to speak shall be submitted in writing to the Clerk of the Council. Speaker forms are 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 related Agencies agendas. 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. and 10.B.) 10.A. Closed Session of August 18, 2008 10.B. Regular Meeting of August 18, 2008 CITY COUNCIL AGENDA 4 SEPTEMBER 2, 2008 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 11.A. ORDINANCE ADDING DIVISION 6 TO CHAPTER 15 REGARDING STATE FRANCHISED VIDEO SERVICE PROVIDERS Placed on first reading at the August 18, 2008 City Council meeting and approved by a vote of 6-0 (Bustamante absent) Published in the O.C. Reporter on August 22, 2008 Recommended Action: Place ordinance on second reading and adopt. ORDINANCE - An ordinance of the City Council of the City of Santa Ana adding Division 6 to Chapter 15 of the Santa Ana Municipal Code, regarding State franchised video service providers 11.B. ORDINANCE TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES Placed on first reading at the August 18, 2008 City Council meeting and approved by a vote of 6-0 (Bustamante absent) Published in the O.C. Reporter on August 22, 2008 Recommended Action: Place ordinance on second reading and adopt. ORDINANCE - An ordinance of the City Council of the City of Santa Ana to temporarily supersede certain provisions of the Santa Ana Municipal Code and to permit developers to defer payment of certain development impact fees, and to permit the extension of inactive building permits and permit applications 11.C. ZONING ORDINANCE AMENDMENT NO. 2008-03 Placed on first reading at the August 18, 2008 City Council meeting and approved by a vote of 6-0 (Bustamante absent) Published in the O.C. Reporter on August 22, 2008 Recommended Action: Place ordinance on second reading and adopt. CITY COUNCIL AGENDA 5 SEPTEMBER 2, 2008 ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending Chapter 41 of the Santa Ana Municipal Code adding standards for indoor sport facilities (ZOA 2008-03) CHAPTER 3 APPEALS 18.A. HEARING OFFICER’S REPORT RECOMMENDATION RELATED TO VICIOUS DOG DECLARATION Continued from the August 18, 2008 City Council meeting by a vote of 6-0 (Bustamante absent) Recommended action: Continue the matter to the October 6, 2008 City Council Meeting. MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT 19.B. EXCUSED ABSENCES 19.C. PRELIMINARY CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT UPDATE Recommended Action: Receive and file the preliminary City of Santa Ana General Plan Housing Element Update prior to submittal for review by the State Department of Housing and Community Development 19.D. CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT Recommended Action: Authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 19.E. DESTRUCTION OF OBSOLETE CITY RECORDS Recommended Action: 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. (Personnel Services Agency and City Manager’s Office) CITY COUNCIL AGENDA 6 SEPTEMBER 2, 2008 APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING FY 2006 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS Recommended Action: 1. Exercise a reimbursement agreement entered into by the City of Los Angeles and the City of Santa Ana in the amount of $93,750. 2. Approve an Appropriation Adjustment. ( Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 09-014 - Recognizing the FY 2006 Urban Areas Security Initiative in the amount of $93,750 in revenue account and appropriate same in the FY 2006 Urban Areas Security Initiative Program Grant expenditure accounts. 3. AGMT – CASE MANAGEMENT SOFTWARE – Authorize the Chief of Police and Clerk of the Council to execute an agreement in an amount not to exceed $93,750 – Police Department GRANTS 21.A. FY 2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM APPLICATION Recommended Action: Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to submit a grant application to the State of California Office of Homeland Security for the FY2008 Interoperable Emergency Communications Grant Program SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Recommended Action: Award in accordance with Requests for Council Action. (Items 22.A. through 22.F.) 22.A. SPEC. NO. 06-066 - UNLEADED FUEL - Renew the contract with G.P. Resources, Inc., for a one-year period in an amount not to exceed $1,400,000. – Finance & Management Services Agency 22.B. SPEC. NO. 06-100 - WEED AND DEBRIS REMOVAL - Renew the contract with Naranjo Landscaping for a one-year period in an amount not CITY COUNCIL AGENDA 7 SEPTEMBER 2, 2008 to exceed $177,000. – Public Works and Community Development Agencies 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 $90,000 – Finance & Management Services Agency 22.D. SPEC. NO. 07-006 - HAZARDOUS WASTE DISPOSAL SERVICES - Renew the contract with Clean Harbors Environmental Service, Inc., for a one-year period in an amount not to exceed $65,000 - Finance & Management Services Agency 22.E. SPEC. NO. 07-057 - BRASS WATER SERVICE FITTINGS - Renew the contracts for a one-year period in the annual amounts as follows: Vendor: Location: Amount: Wells Supply Company Santa Ana $50,000 Ferguson Waterworks Santa Ana $30,000 22.F. SPEC. NO. 08-052 - SURVEILLANCE SYSTEM COMPONENTS - Award a contract to Merjan Enterprises Inc., dba/Save On Video in an amount not to exceed $107,000 – Police Department PROJECTS – MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR PLAZA OF THE SUN DRAINAGE IMPROVEMENTS (PROJECT NO. 08-9099) Recommended Action: 1. Award a contract to Golden State Constructors, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $42,213.60 for construction of the Plaza of the Sun Drainage Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $59,000. AGREEMENTS Recommended Action: 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. (Items 25.A through 25.J.) CITY COUNCIL AGENDA 8 SEPTEMBER 2, 2008 25.A. AGMTS - PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500-C) – Public Works Agency - With the following: ? Clinton Do and Thuat Thi Cao for $117,500 ? Sergio H. Esparza and Delio O. Esparza for $92,660 25.B. AGMT - GIS PROGRAMMING AND CONSULTING SERVICES - With Redlands Software for an amount not to exceed $141,600 – Public Works Agency 25.C. AGMT - COOPERATIVE AGREEMENT TO CONDUCT DETAILED PLANNING AND ENVIRONMENTAL STUDIES TO CONSTRUCT AND OPERATE A FIXED GUIDEWAY SYSTEMWith the Orange County - Transportation Authority (OCTA) – Public Works Agency 25.D. AGMT - ENERGY CONSULTING SERVICESWith Edward K. - Aghjayan in an amount not to exceed $75,000 – Public Works Agency 25.E. AGMT - POLICE SERVICE DOG TRAINING SERVICES - With Adlerhorst International, Inc. in an amount not to exceed $50,000 – Police Department 25.F. AGMT - NEWPORTWATERSHED COOPERATIVE AGREEMENT – With the County of Orange to extend the term of the agreement to 2010 and authorize an annual payment amount of not to exceed $400,000 - Public Works Agency 25.G. AGMT – OPERATION OF THE COMMUNITY GARDEN AT JEROME PARK – With The Grain Project for a two-year term with two 5-year renewal options – Parks, Recreation & Community Services Agency 25.H. AGMT - LANDSCAPE MAINTENANCE SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK -With Vista Del Verde Landscape, Inc. for a one-year term, in an amount not to exceed $112,720 - Parks, Recreation & Community Services Agency 25.I. AGMT – EMPOWERMENT ZONE MEMORANDUM OF AGREEMENT – Authorize the Mayor to execute an amendment with the U.S. Department of Housing & Urban Development – Community Development Agency 25.J. AGMT – ONE STOP OPERATOR FOR PROGRAM YEAR 2008-2009 Execute an extension of the Memorandum of Understanding with the Santa Ana WORK Center – Community Development Agency **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 9 SEPTEMBER 2, 2008 BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE PARKS RECREATIONAL TRAILS PROGRAM Recommended Action: 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 develop the Fisher Park Nature Trail 55.B. RESOLUTION SUPPORTING RECYCLING AT CITY FACILITIES AND AT CITY SPONSORED EVENTS Recommended Action: Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana adopting a policy to encourage recycling at City facilities and City sponsored events 55.C. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA STATE PARKS HABITAT CONSERVATION FUND GRANT PROGRAM Recommended Action: Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana approving the application for grant funds under the Habitat Conservation Fund Program for the Santiago Creek Butterfly and Bird Habitat Project 55.D. BIENNIAL REVIEW OF CITY’S CONFLICT OF INTEREST CODE Recommended Action: Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana amending the Conflict of Interest codes of certain City agencies and departments CITY COUNCIL AGENDA 10 SEPTEMBER 2, 2008 PUBLIC HEARINGS PUBLIC HEARINGS 75.A. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2008-02 AND CONDITIONAL USE PERMIT NO. 2008-23 – 520 S. HARBOR BOULEVARD Filed by Cal-City Construction, Inc. to allow the construction of a two-story, medical and commercial development with restaurant use at 520 South Harbor Boulevard in the North Harbor Specific Plan (SP2) zoning district. Recommended action approved by the Planning Commission on August 11, 2008, by a vote of 7-0 Legal Notice published in the O.C. Reporter on August 22, 2008 and notices mailed Recommended Action: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006- 87 2. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana approving and adopting a negative declaration for environmental review No. 2006-87 and amending the North Harbor Specific Plan (SP2) Zoning District to rezone the property located at 520 South Harbor Boulevard from single family residential to General Commercial (ZOA No. 2008-02) 3. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana approving Conditional Use Permit No. 2008-23 as conditioned to allow 2,696 square feet of restaurant space at the property located at 520 South Harbor Boulevard COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) HOUSING AUTHORITY MEETING (Blue Agenda) CITY COUNCIL AGENDA 11 SEPTEMBER 2, 2008 PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST Members of the public shall be provided three (3) minutes 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 90.A. CITY MANAGER’S COMMENTS 90.B. CITY COUNCILMEMBER COMMENTS ADJOURNMENT CITY COUNCIL AGENDA 12 SEPTEMBER 2, 2008