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Home My WebLink About AGENDA_2010-10-18 City Council Meeting Agenda October 18, 2010 CLOSED SESSION POLICE CHIEF’S CONFERENCE ROOM th 60 Civic Center Plaza, 4 Floor 5:00 PM REGULAR MEETING POLICE COMMUNITY ROOM 60 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 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 Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the City Council, Community Redevelopment Agency, and/or Santa Ana Financing Authority on any and all matters within the City of Santa Ana's jurisdiction. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the City. For public hearings, members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. 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 CHAIR. 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. 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 meetings will be televised and available for viewing on the City’s cable channel. 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 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 the day after the meeting. DVD copies of the meetings for loan will be available for public circulation at the Santa Ana Main Library the day after a meeting. CITY COUNCIL AGENDA 2 OCTOBER 18, 2010 CITY OF SANTA ANA CITY COUNCIL REGULAR MEETING OCTOBER 18, 2010 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 PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENT Pursuant to Government Code Sec. 54954.3, the public may address the City Council, Community Redevelopment Agency, and/or Santa Ana Financing Authority on any and all matters within the City of Santa Ana's jurisdiction. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the City. For public hearings, members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. 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 CHAIR. 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. CITY COUNCIL AGENDA 3 OCTOBER 18, 2010 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 31B. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF JOINT SPECIAL MEETING OF SEPTEMBER 27, 2010 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: 10B MINUTES OF REGULAR MEETING OF OCTOBER 4, 2010 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: 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 11A ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE RELATING TO RECYCLING - Public Works Agency Placed on first reading at the October 4, 2010 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on October 8, 2010. Place ordinance on second reading and RECOMMENDED ACTION: adopt. ORDINANCE NO. NS-2808 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 16-30 OF THE SANTA ANA MUNICIPAL CODE 11B ORDINANCE ELIMINATING DEADLINES FOR DEBT INCURRED IN THREE REDEVELOPMENT PROJECT AREAS - Community Development Agency CITY COUNCIL AGENDA 4 OCTOBER 18, 2010 Placed on first reading at the October 4, 2010 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on October 8, 2010. : Place ordinance on second reading and RECOMMENDED ACTION adopt. ORDINANCE NO. NS-2809 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CENTRAL CITY, INTER-CITY AND BRISTOL REDEVELOPMENT PLANS OF THE CITY OF SANTA ANA TO ELIMINATE THE TIME LIMIT IN EACH PLAN FOR THE INCURRENCE OF DEBT BOARDS / COMMISSIONS 13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT – APRIL 2010 THROUGH SEPTEMBER 2010 - Clerk of the Council Office : Receive and file Boards and Commissions RECOMMENDED ACTION Biannual Attendance Report. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services Receive and file. RECOMMENDED ACTION: 19D REQUEST FOR PROPOSALS - ENVIRONMENTAL SERVICES FOR A NEW MCDONALD’S RESTAURANT - Planning and Building Agency Receive and file. RECOMMENDED ACTION: 19E REQUEST FOR PROPOSALS - ENERGY AND SUSTAINABILITY CONSULTANT - Public Works Agency CITY COUNCIL AGENDA 5 OCTOBER 18, 2010 Authorize the Public Works Agency to RECOMMENDED ACTION: send a Request for Proposals to qualified consultants to provide energy and sustainability consulting services to coordinate a range of energy and climate protection activities during the next two years, payable from a grant from Southern California Edison. 19F REQUEST FOR PROPOSALS - TAXI SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Public Works Agency Authorize the Public Works Agency to RECOMMENDED ACTION: send a Request for Proposals to qualified companies to provide taxi services at the Santa Ana Regional Transportation Center. 19G REQUEST FOR PROPOSALS - WATER METER REPLACEMENT SERVICES - Public Works Agency Continued from the October 4, 2010 City Council Meeting with a vote of 7-0. Authorize the Public Works Agency to RECOMMENDED ACTION: send the attached Request for Proposals to qualified firms to provide water meter replacement services. 19H REQUEST FOR PROPOSALS - RIGHT OF WAY SERVICES FOR CAPITAL IMPROVEMENT PROJECTS - Public Works Agency Authorize the Public Works Agency to RECOMMENDED ACTION: send Request for Proposals to qualified consulting firms to provide right-of-way services for Capital Improvement Projects. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT - LOAN AGREEMENT WITH IRENE M. MAYORGA FOR REHABILITATION OF 601 E. 20TH STREET - Community Development Agency RECOMMENDED ACTIONS: Approve an appropriation adjustment. 1. (Requires five affirmative votes) CITY COUNCIL AGENDA 6 OCTOBER 18, 2010 APPROPRIATION ADJUSTMENT NO. 2011-081 - Recognizing a $900,000 CalHome Program Grant from the California Department of Housing and Community Development and appropriating the same to fund eligible single family rehabilitation loans. Authorize the City Manager and Clerk of the Council to execute a 2. rehabilitation loan agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT - With Irene M. Mayorga for the rehabilitation of her home at th 601 E. 20 Street in the amount not to exceed $135,000. SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A and 22B) 22A SPEC. NO. 10-038 - REPLACEMENT OF VARIABLE FREQUENCY DRIVE TO REGULATE THE PRESSURE OF WATER PUMPED FROM THE CITYS' WELLS - Award a contract to Academy Electric, Inc. in an amount not to exceed $40,000. (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 10-042 - GLOCK FIREARMS, TASERS, AND ACCESSORIES - Renew the contract with Proforce Law Enforcement for a one-year period in an annual amount not to exceed $85,000 (Police Department) - Finance & Management Services PROJECTS/CHANGE ORDERS 23A REJECTION OF BIDS FOR LOCAL STREET SLURRY SEAL CITYWIDE 2010 (PROJECT NO. 106732) - Public Works Agency Reject all bids for the Local Street Slurry RECOMMENDED ACTION: Seal Citywide 2010 project. 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 and/or actions as noted on the Request for Council Action report. (Items 25A through 25I) CITY COUNCIL AGENDA 7 OCTOBER 18, 2010 25A AGMT - GENERATOR PREVENTIVE MAINTENANCE AND REPAIR - Execute an amendment with Dixie Diesel and Electric Inc., in an amount not to exceed $40,000. - Finance & Management Services 25B TUITION REIMBURSEMENT FOR LIBRARY EMPLOYEES – Parks, Recreation & Community Services Agency 1. AGMT - With the California State Library in the amount of $13,318. Approve an appropriation adjustment. 2. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-078 - Recognizing $13,318 from the California State Library in revenue account and appropriating same to expenditure account. 25C CELLULAR ANTENNA AT DELHI PARK Parks, Recreation & Community Services Agency 1. AGMT – Execute a lease agreement with T-Mobile West Corporation for installation of a stealth monopalm antenna and equipment building at Delhi Park. 2. Approve an appropriation adjustment. (Requires five affirmative votes APPROPRIATION ADJUSTMENT NO. 2011-077 – Recognizing $38,800 in the Capital Outlay Fund Miscellaneous Recovery account and appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account. 3. Receive and file Categorical Exemption for Environmental Review No. 2010-30 (Delhi Park). 25D AGMT - GIS PROGRAMMING AND CONSULTING SERVICES - With Redlands Software Inc. for an amount not to exceed $120,000 annually in Fiscal Years 2010-2011 and 2011-2012. - Public Works Agency 25E GRAFFITI ABATEMENT PROGRAM – Public Works Agency 1. Approve an agreement extension through December 31, 2010 with Graffiti Protective Coatings, Inc. for weekend and holiday graffiti removal services in an amount not to exceed $50,000. CITY COUNCIL AGENDA 8 OCTOBER 18, 2010 2. AGMT - Execute an amendment with Graffiti Tracker, Inc. for software and graffiti analysis services, extending the term through December 31, 2010, in an amount not to exceed $24,000. 25F AGMT - ACQUISITION OF RIGHT OF WAY FOR THE OCTA AT- GRADE RAIL SAFETY ENHANCEMENT (PROJECT NO. 091745) - Execute an acquisition agreement with Far West Fairhaven LTD, a Limited Partnership, for the purchase of a portion of the property located at 1201 Fairhaven Avenue in the amount of $45,000. - Public Works Agency 25G AGMT - ONE-STOP OPERATOR FOR PROGRAM YEAR 2010-2011 - Execute an extension of the One-Stop Operator Memorandum of Understanding with the Santa Ana WORK Center for program year 2010- 2011 - Community Development Agency 25H GARFIELD ELEMENTARY SCHOOL COMMUNITY CENTER - Community Development Agency 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT - Architectural services for the design of a community center at Garfield Elementary School in an amount not to exceed $130,000. 2. Amend the Fiscal Year 2010-2011 Community Development Block Grant Program to increase the Public Facilities Improvements Program allocation by $1,500,000 from prior years’ unexpended funds for a total of $2,500,000 for the development of a community center at Garfield Elementary School. 3. Approve a Funding Analysis with a total estimated project cost of $2,500,000. 25I AGMT - RIGHT-OF-WAY ACQUISITION FOR FIRST STREET BRIDGE REPLACEMENT (PROJECT NO. 061723) - Execute an acquisition agreement with Orange County Flood Control District for an easement for construction of First Street Bridge over Santa Ana River in the amount of $40,900 - Public Works Agency CITY COUNCIL AGENDA 9 OCTOBER 18, 2010 LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NOS. 2010-18 AND 2010-19 - TO ALLOW AFTER-HOURS OPERATION AND A BANQUET FACILITY AT THE CHAPTER ONE RESTAURANT LOCATED IN THE SPECIFIC DEVELOPMENT NO. 84-DOWNTOWN (SD84-DT) ZONING DISTRICT - 227 NORTH BROADWAY; JEFFREY D. HALL, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 27, 2010, by a vote of 7-0. Receive and file the staff report RECOMMENDED ACTION: approving Conditional Use Permit No. 2010-18 and Conditional use Permit No. 2010-19 as conditioned. 31B CONDITIONAL USE PERMIT NO. 2010-20 - TO ALLOW THE RAMONA BANQUET HALL IN THE BASEMENT LEVEL OF AN EXISTING COMMERCIAL BUILDING IN THE SPECIFIC DEVELOPMENT NO. 84- DOWNTOWN (SD84-DT) ZONING DISTRICT - 120 WEST FIFTH STREET, SUITE 110; CARLA LEONARDO, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 27, 2010, by a vote of 7-0. Receive and file the staff report RECOMMENDED ACTION: approving Conditional Use Permit No. 2010-20 as conditioned. **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 10 OCTOBER 18, 2010 BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A RESOLUTION - CONTRACT AWARD TO J.P. MORGAN CHASE TO BE THE OFFICIAL CITY DEPOSITORY FOR A THREE-YEAR PERIOD COMMENCING JANUARY 1, 2011 - Finance & Management Services RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING JP MORGAN CHASE BANK, N.A., AS THE DEPOSITORY FOR CITY OF SANTA ANA FUNDS, EFFECTIVE JANUARY 1, 2011, AND DESIGNATING SIGNATORIES AUTHORIZED FOR THE PURPOSE OF WITHDRAWAL OF SAID FUNDS 2. Authorize the City Manager and the Executive Director of Finance and Management Services Agency to execute an agreement. AGMT - With J.P. Morgan Chase, the lowest responsible bidder, for a three-year period, with provision for a two-year extension in the annual amount not to exceed $45,000 per year commencing January 1, 2011. 3. Authorize the City Manager and the Executive Director of Finance and Management Services Agency to extend the term of the Treasury Services Agreement with Bank of America, N.A. through December 31, 2010, with provision for payment of claims for a six month period, through June 30, 2011. 55B RESOLUTION AUTHORIZING SUBMITTAL OF LAND AND WATER CONSERVATION FUND GRANT PROGRAM APPLICATION FOR THE MCFADDEN AND ORANGE PARK SITE - Parks, Recreation & Community Services Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS TO DEVELOP THE MCFADDEN AND ORANGE PARK SITE CITY COUNCIL AGENDA 11 OCTOBER 18, 2010 PUBLIC HEARINGS 75A PUBLIC HEARING - RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENTS AND REQUISITE FINDINGS - Planning and Building Agency Legal Notice published in the O.C. Reporter on October 8, 2010. RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND UNIFORM SOLAR ENERGY CODE AS AMENDED BY THE STATE OF CALIFORNIA 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND UNIFORM SOLAR ENERGY CODE COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) SANTA ANA FINANCING AUTHORITY MEETING (Lavender Agenda) CITY COUNCIL AGENDA 12 OCTOBER 18, 2010 WORK STUDY SESSION WSA FIXED GUIDEWAY UPDATE – Public Works Agency COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). 90A CITY MANAGER’S COMMENTS 90B CITY COUNCILMEMBER COMMENTS ADJOURNMENT - Motion to cancel November 1, 2010 regular meeting and adjourn to the next regularly scheduled meeting to November 15, 2010. CITY COUNCIL AGENDA 13 OCTOBER 18, 2010