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Home My WebLink About AGENDA_2011-02-07 City Council Meeting Agenda February 7, 2011 CLOSED SESSION th City Hall, 8 Floor, Room 831 20 Civic Center Plaza 5:00 PM REGULAR OPEN 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 StrakaDavid N. ReamMaria D. Huizar Interim 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 Housing 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 FEBRUARY 7, 2011 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING FEBRUARY 7, 2011 REGULAR OPEN 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 Bob Barnett, Police Chaplain PLEDGE OF ALLEGIANCE MAYOR PULIDO PRESENTATIONS EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Scott D. Kutner, Community Development District Manager, Community Development Agency 25 YEARS OF SERVICE Richard Ley, Sanitation Inspector II, Public Works Agency Linda C. Flores, Traffic Services Specialist, Police Department PROCLAMATION presented by MAYOR PULIDO to Julie Lee in recognition of Bowers th Museum’s 75 Anniversary. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Alexandra Bolanos in recognition of Northgate Markets’ Christmas Toy Give-away. CITY COUNCIL AGENDA 3 FEBRUARY 7, 2011 PROCLAMATION presented by COUNCILMEMBER BENAVIDES to Bobby McDonald in recognition of Black History Month. CITY TILE presented by COUNCILMEMBER BENAVIDES to Julie Stroud for her service on the Board of Parks and Recreation. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Julie Melcher for organizing the WestEnd COP Children’s Christmas Party. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Mario Guerrero for his service on the Youth Commission. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Adam Hurtado for his successful fight against obesity and for seeking a healthier lifestyle. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Alfred Mata for the Healthy Eating Active Living (HEAL) campaign. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Erick Plascencia for his service on the Community Redevelopment and Housing Commission. 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 Housing 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 4 FEBRUARY 7, 2011 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 31A. ADMINISTRATIVE MATTERS MINUTES 10A REGULAR MEETING MINUTES OF JANUARY 18, 2011 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL COMMITTEE REPORTS Receive and file Public Safety Committee RECOMMENDED ACTION: Minutes of September 28, 2010. 13B REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS - Community Development Agency Reappoint Brent Beasley, Maryann RECOMMENDED ACTION: Conway, Patrick Korthuis, Donna Lin, Georgina Maldonado, Lee McMurtray, Maryam Nazeri, Robert Ruiz, Robert Tucker, and Andy Wadhera to the Santa Ana Workforce Investment Board for four-year terms expiring March 31, 2015. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 19C DESTRUCTION OF OBSOLETE CITY RECORDS (City Manager's Office, Community Development Agency and Personnel Services) - Clerk of the Council Office CITY COUNCIL AGENDA 5 FEBRUARY 7, 2011 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 INVESTMENTS AS OF DECEMBER 31, 2010 - Finance & Management Services Receive and file. RECOMMENDED ACTION: 19E 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, 2010 and September 30, 2010 valued at $25,000 and less. 19F REQUEST FOR PROPOSALS - ENVIRONMENTAL SERVICES FOR ATHLETIC FIELD IMPROVEMENTS AT WILLARD INTERMEDIATE SCHOOL - Planning and Building Agency Authorize a Request for Proposals to RECOMMENDED ACTION: qualified consulting firms to provide environmental services for proposed athletic field improvements at Willard Intermediate School. 19G REQUEST FOR PROPOSALS - DOWNTOWN PARKING OPERATION AND UTILIZATION STUDY - Community Development Agency Authorize the Community Development RECOMMENDED ACTION: Agency to send a Request for Proposals to qualified consulting firms to provide a Downtown parking operation and utilization study. 19H DONATION OF MERRY-GO-ROUND - Community Development Agency Authorize the acceptance of the donation RECOMMENDED ACTION: of a merry-go-round to the City of Santa Ana from the Fiesta Marketplace Partners. BUDGETARY MATTERS CITY COUNCIL AGENDA 6 FEBRUARY 7, 2011 APPROPRIATION ADJUSTMENTS 20A REIMBURSEMENT AGREEMENT FOR LAND CONVERSION REQUIREMENT BY THE NATIONAL PARK SERVICE - 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 a reimbursement agreement. AGMT - With Rancho Santiago Community College District in an amount not to exceed $300,000 to transfer the deed restriction to a new park site at McFadden/Orange (1.4 acres). 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-133 - Recognizing $300,000 in the Park Acquisition and Development revenue account and appropriate same to the Park Acquisition and Development expenditure account. 20B TRANSPORTATION ENHANCEMENT FUNDING FOR THE MAPLE STREET BIKE TRAIL LANDSCAPING PROJECT - Public Works Agency and Parks, Recreation & Community Services Agency RECOMMENDED ACTIONS: 1. Authorize the City Manager and Clerk of the Council to execute an agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. AGMT - With Orange County Transportation Authority, to provide Transportation Enhancement funding up to an amount not to exceed $285,750. 2. Approve appropriation adjustments. (Requires five affirmative votes) ? APPROPRIATION ADJUSTMENT NO. 2011-119 – Accepting funds in the amount of $285,750 into the Select Street Construction Revenue Fund for Federal Grants and appropriating $285,750 to the Select Street Construction Expense Fund for Improvements Other Than Buildings. CITY COUNCIL AGENDA 7 FEBRUARY 7, 2011 ? APPROPRIATION ADJUSTMENT NO. 2011-118 – Accepting funds in an amount of $95,250 into the Residential Development District 3 Revenue Fund and appropriating $95,250 to the Select Acquisition and Development Fund for Improvements Other Than Buildings for the 25 percent matching requirement for the project. SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. NO. 11-001 - COMMVAULT PREMIER MAINTENANCE RENEWAL - Finance & Management Services Award a contract to NTH Generation RECOMMENDED ACTION: Computing, Inc. in an amount not to exceed $31,600. 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 25E) 25A AGMT - STEAM CLEANING SERVICES - With TSCM Corporation for a one-year period, in an amount not to exceed $45,000 - Community Development Agency 25B AGMT - INMATE FOOD SERVICES - Execute an amendment with Aramark Correctional Services, Inc. in an amount not to exceed $1,443,160 for a one-year term - Police Department 25C AGMT - GRAFFITI REMOVAL SERVICES - With Graffiti Protective Coatings, Inc. in an amount not to exceed $600,000 with an option to extend the agreement for four additional one-year renewals - Public Works Agency Continued from the December 20, 2010 City Council meeting by a vote of 6-0 (Sarmiento absent), from the January 4, 2011 City Council meeting by a vote of 7-0, and from the January 18, 2011 City Council meeting by a vote of 6-0 (Bustamante absent). CITY COUNCIL AGENDA 8 FEBRUARY 7, 2011 25D AGMTS - REHABILITATION OF WATER WELLS - With Orange County Pump Company & Bakersfield Well, and Pump Company in an annual aggregate amount not to exceed $300,000 - Public Works Agency 25E AGMT - MEMORANDUM OF UNDERSTANDING (MOU) - With the Service Employees International Union (SEIU) representing part-time, non-civil service employees for a three-year period covering July 1, 2010 through June 30, 2013 - Personnel Services Agency LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2010-24 AND VARIANCE NO. 2010- 04 TO ALLOW THE CONSTRUCTION OF A NEW CHURCH WITH A BELL TOWER THAT EXCEEDS THE ALLOWABLE HEIGHT LOCATED IN THE SINGLE FAMILY RESIDENTIAL (R1) ZONING DISTRICT - 5321 WEST MCFADDEN AVENUE - FILED BY FOR CALVARY LUTHERAN CHURCH - Planning and Building Agency Recommended action approved by the Planning Commission on January 24, 2011, by a vote of 7-0. Receive and file the staff report RECOMMENDED ACTION: approving Conditional Use Permit No. 2010-24 as conditioned and Variance No. 2010-04 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A LEAGUE OF CALIFORNIA CITIES HEALTHY EATING, ACTIVE LIVING CITY - City Manager's Office Adopt a resolution. RECOMMENDED ACTION: CITY COUNCIL AGENDA 9 FEBRUARY 7, 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ADOPT A POLICY ON HEALTHY EATING AND ACTIVE LIVING 55B RESOLUTION CERTIFYING ENVIRONMENTAL IMPACT REPORT FOR SAN LORENZO SEWER LIFT STATION AND APPROVAL OF PROJECT - Public Works Agency RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SAN LORENZO SEWER LIFT STATION PROJECT, ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM 2. Conceptually approve the proposed San Lorenzo Sewer Life Station as described in the Final EIR. 55C RESOLUTION SUPPORTING CITY’S APPLICATION FOR 2010/2011 CAL FIRE URBAN FORESTRY PROGRAM GRANTS - Public Works Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE URBAN FORESTRY GRANT PROGRAM ENTITLED “AN URBAN FOREST FOR EVERY CITY”, AS PROVIDED THROUGH PROPOSITIONS 40 AND 84 PUBLIC HEARINGS 75A PUBLIC HEARING - AMENDMENT APPLICATION NO. 2010-01 AND CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AND CHANGE THE ZONING FOR A PORTION OF THE LOT FROM SINGLE FAMILY RESIDENTIAL (R1) AND MULTIPLE FAMILY RESIDENTIAL (R3) TO GENERAL COMMERCIAL (C2) ZONING - 1600 EAST FIRST STREET; FILED BY NABILE ANZ OF AZURE PLAZA PARTNERS, LLC - Planning and Building Agency CITY COUNCIL AGENDA 10 FEBRUARY 7, 2011 Continued from the October 4, 2010 City Council meeting by a vote of 7-0 and from the December 6, 2010 City Council meeting by a vote of 5-0 (Martinez and Pulido absent). Recommended Action approved by the Planning Commission on September 13, 2010, by a 7-0 vote. Legal Notice published in the O.C. Reporter and notices mailed out on September 24, 2010 and November 19, 2010. RECOMMENDED ACTIONS: 1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 1600 EAST FIRST STREET FROM SINGLE FAMILY RESIDENCE (R1) AND MULTIPLE- FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C-2) (AA NO. 2010-01) 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-15 AS CONDITIONED TO ALLOW AN ADULT DAY CARE FACILITY AT 1600 EAST FIRST STREET 75B PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2010-03 TO REQUEST AN AMENDMENT TO CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE (SAMC) IN ORDER TO ESTABLISH A PROCESS WHEREBY PERSONS WITH DISABILITIES MAY REQUEST DEVIATIONS FROM THE CITY’S DEVELOPMENT STANDARDS IN ORDER TO ENSURE THAT THEY MAY HAVE EQUAL OPPORTUNITY TO USE AND ENJOY A DWELLING; FILED BY THE CITY OF SANTA ANA - Planning and Building Agency Recommended Action approved by the Planning Commission on January 24, 2011 by a 7-0 vote. Legal Notice published in the O.C. Reporter on January 28, 2011. Place ordinance on first reading and RECOMMENDED ACTION: authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING A PROCEDURE FOR PEOPLE WITH DISABILITIES TO REQUEST REASONABLE ACCOMMODATIONS TO ENSURE EQUAL ACCESS TO HOUSING CITY COUNCIL AGENDA 11 FEBRUARY 7, 2011 75C PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES - Planning and Building Agency Legal Notice published in the O.C. Reporter on January 21, 2011. Place ordinance on first reading and RECOMMENDED ACTION: authorize publication of title. 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 COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) HOUSING AUTHORITY MEETING (Blue Agenda) 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 - The next meeting of the City Council is scheduled for Tuesday, February 22, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. In Memory of Gregg Richard Wiles CITY COUNCIL AGENDA 12 FEBRUARY 7, 2011