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Home My WebLink About AGENDA_2011-04-04 City Council Meeting Agenda April 4, 2011 CLOSED SESSION MEETING 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 APRIL 4, 2011 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING APRIL 4, 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 Roger Aragon, Police Chaplain PLEDGE OF ALLEGIANCE MAYOR PULIDO PRESENTATIONS EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 25 YEARS OF SERVICE Jose L. Perez, Community Services Supervisor, Parks, Recreation and Community Services CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Vicki Maciha recognizing efforts on behalf of Mothers Against Drunk Driving (MADD). PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Christine Cote in recognition of Donate Life Month. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to the following Santa Ana Bulls’ members for winning the 2011 Division C Orange County Municipal Athletic Federation (OCMAF) Championship: Alex Badillo Mathew Mejia Christopher Carrera Pektra Monh Alvaro Carrillo Jr. Verak Monh Jason Faulkner II Jonathan Rivera Kristian Landeros’Sosa Head Coach Alex Badillo and Isaiah J. Lopez Assistant Coach/Team Mom Jessica Ayala CITY COUNCIL AGENDA 3 APRIL 4, 2011 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to the following Valley High School Water Polo Team members for winning the C.I.F. Division 7 Championship: Bianka Baeza Jenny Silva Gabriela Chavez Lizbeth Silva Jazmin Hinojoza Dianna Solano and Cristina Magaña Coach Fred Lammers 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 APRIL 4, 2011 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 25F. ADMINISTRATIVE MATTERS MINUTES 10A REGULAR MEETING MINUTES OF MARCH 21, 2011 - 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 AMEND THE SANTA ANA MUNICIPAL CODE REGULATING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY - Public Works Agency Placed on first reading at the March 21, 2011 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on March 25, 2011. Place ordinance on second reading and RECOMMENDED ACTION: adopt. ORDINANCE NS-2816 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING GUIDELINES FOR TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT OF WAY BOARDS / COMMISSIONS / COMMITTEES 13A NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 9, 2014 – Clerk of the Council Appoint RECOMMENDED ACTION: . CITY COUNCIL AGENDA 5 APRIL 4, 2011 Residing Name Board/Commission Ward Adrian Sarmiento Youth Commission, Associate 1 (Replacing Espinoza) 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 PUBLIC WORKS AGENCY RECORDS - 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 REQUEST FOR PROPOSALS FOR PROVIDING A DISCOUNT PHARMACY CARD PROGRAM - Parks, Recreation & Community Services Agency Authorize the Parks, Recreation and RECOMMENDED ACTION: Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide a discount pharmacy card program for the City of Santa Ana. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A LIBRARY SERVICES ENHANCEMENT GRANT FUNDS - Parks, Recreation & Community Services Agency RECOMMENDED ACTIONS: 1. Authorize the City Manager and Clerk of the Council to execute an agreement subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL AGENDA 6 APRIL 4, 2011 AGMT - With the California State Library in the amount of $5,000 for a Library Services and Technology Act, Our Lives are Our History grant. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-167 - Recognizing $5,000 from the California State Library in the LSTA Grant Awards revenue account and appropriating same to expenditure account. 20B AGMT – DEMOLITION OF PROPERTY LOCATED AT 1901 W. WALNUT, RESCUE MISSION - Community Development Agency 1. Authorize the City Manager and the Clerk of the Council to execute a demolition contract, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT - With Cardinal Environmental Consultants, Inc., dba 5M Contracting in the amount of $38,220 2. Approve a Funding Analysis with a total estimated demolition cost of $43,953. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-173 - Transferring funds in the amount of $43,953 from the General Non-Departmental Fund to the Non-Departmental Capital Outlay Fund. SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A through 22F) 22A SPEC. NO. 11-007 - BODY ARMOR VESTS Award contracts for a two- year period with provision for two one-year renewals, in an annual aggregate amount not to exceed $144,000 with the vendors listed below – Police Department and Finance & Management Services Vendor Location Galls, an ARAMARK Company, LLC Orange Quartermaster, Inc. Santa Ana CITY COUNCIL AGENDA 7 APRIL 4, 2011 22B SPEC. NO. 11-015 - STREET LAMPPOST LIGHT CONVERSION KITS - Award a contract to Sequoia Lighting Corporation in an amount not to exceed $130,000 – Public Works Agency and Finance & Management Services 22C SPEC. NO. 11-016 - MANHOLE FRAMES AND COVERS - Award a contract to Alhambra Foundry Co., LTD for a one-year period, with provisions for two, one-year renewals in an annual amount not to exceed $40,000 - Public Works Agency and Finance & Management Services 22D SPEC. NO. 09-037 - HAND TOOLS AND MISCELLANEOUS ITEMS - Renew the contract with W.W. Grainger, Inc. for a one-year period in an annual amount not to exceed $30,000 - Finance & Management Services 22E SPEC. NO. 07-108 - JANITORIAL STOCK PAPER GOODS - Renew the contract with Gale Supply Company for a one-year period in an annual amount not to exceed $85,000 - Finance & Management Services 22F SPEC. NO. 11-013 - DEFIBRILLATOR WARRANTY AND MAINTENANCE - Award a contract to ZOLL Medical Corporation to extend the factory warranty and renew the maintenance contract for 10 defibrillators for a one-year period not to exceed $13,000; and increase the aggregate limit by $25,000 for miscellaneous supplies in an amount not to exceed $38,000 annually – Fire Department and Finance & Management Services 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. (Item 25A through 25E) 25A AGMT - MEDICAL SUPPLIES AND PHARMACEUTICALS - With Santa Ana Western Medical Center in an amount not to exceed $40,000 annually. - Fire Department 25B SETTLEMENT AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NOS. 081700 AND 116744) - Public Works Agency CITY COUNCIL AGENDA 8 APRIL 4, 2011 ? AGMT - With Teresa Arellano dba Santa Ana Professional Services for acquisition settlement for the business located at 828 North Bristol Street, Suite 202 in an amount of $21,800. ? AGMT - With Barney Svardloff, Trustee; Nathan Ogints, Trustee and; Steven Iker, Trustee for the purchase of a portion of the property located at 1715 North Bristol in an amount of $90,000. ? AGMT - With Livescan N More for acquisition settlement for the business located at 1631 North Bristol Street, Suite 201 in an amount of $20,405. 25C RIGHT-OF-WAY DEMOLITION, SURVEY, AND ENVIRONMENTAL ASSESSMENT SERVICES FOR CAPITAL IMPROVEMENT PROJECTS (CIP) PROJECTS - Public Works Agency ? AGMT - With J & G Company for demolition services in an amount of $150,000. ? AGMT - With Johnson and Frank Associates and Coast Surveying for survey for an aggregate amount not to exceed $300,000. ? AGMT - With Leighton Consulting Group Inc. and SCS for Environmental Assessment services for an aggregate amount not to exceed $200,000. 25D NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) COMMERCIAL/INDUSTRIAL INSPECTION SERVICES – Execute agreements for a total aggregate amount not to exceed $300,000 annually for a term of one year with options to renew for three additional one-year periods with the vendors listed below - Public Works Agency ? AGMT - With EEC Environmental, Inc. ? AGMT - With AMEC, Inc. 25E AGMT – ACQUISITION OF MULTI-FAMILY COMPLEX FUNDED BY THE NEIGHBORHOOD STABILIZATION PROGRAM LOCATED AT 326 S GARNSEY – Execute a loan agreement with Garnsey, LP in an amount not to exceed $4,291,188 - Community Development Agency **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 9 APRIL 4, 2011 BUSINESS CALENDAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A ORDINANCE AMENDING CHAPTER 18 AND 31 OF THE MUNICIPAL CODE PROHIBITING SMOKING IN CITY PARKS - Parks, Recreation & Community Services Agency : 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 18 AND CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING SMOKING IN CITY PARKS RESOLUTIONS 55A RESOLUTION CERTIFYING ENVIRONMENTAL IMPACT REPORT FOR SAN LORENZO SEWER LIFT STATION AND APPROVAL OF PROJECT - (Continued from the February 7, 2011 and February 20, 2011 City Council meeting by a vote of 7-0.) - Public Works Agency Continue item pending further review; RECOMMENDED ACTION: item to be re-noticed. 55B RESOLUTION AUTHORIZING A TWO-YEAR EXTENSION OF THE SOLAR PERMIT FEE WAIVER PROGRAM - Planning and Building Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A TWO-YEAR CONTINUANCE OF A PROGRAM TO ENCOURAGE SOLAR INSTALLATIONS BY TEMPORARILY WAIVING PERMITTING FEES PUBLIC HEARINGS 75A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FY 2011-2012 - Community Development Agency Legal Notice published in the O.C. Reporter on March 18, 2011. CITY COUNCIL AGENDA 10 APRIL 4, 2011 RECOMMENDED ACTIONS: 1. Approve the proposed Fiscal Year 2011-2012 Community Development Block Grant Program. 2. Approve the proposed contingency plan for the Fiscal Year 2011- 2012 Community Development Block Grant Program. 3. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's Fiscal Year 2011-2012 allocation of Community Development Block Grant funds and execute the grant agreement with the United States Department of Housing and Urban Development (HUD). 4. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding with city departments and agreements with nonprofit agencies awarded funds as part of the approved program. 75B AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02, CONDITIONAL USE PERMIT NO. 2011-05, VARIANCE NO. 2011-04, AND SITE PLAN REVIEW NO. 2011-01 TO ALLOW A NEW MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED IN THE SPECIFIC DEVELOPMENT NO. 76 (SD-76) ZONING DISTRICT - 100-140 EAST MACARTHUR BOULEVARD; FILED BY BILL MCKIBBIN FOR LYON COMMUNITY DEVELOPMENT - Planning and Building Agency Recommended Action approved by the Planning Commission on March 14, 2011 by a 7-0 vote. Legal Notice published in the O.C. Reporter and notices mailed on March 25, 2011. RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-02 AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM; APPROVING CONDITIONAL USE PERMIT NO. 2011-05 AS CONDITIONED; APPROVING VARIANCE NO. 2011-04 AS CONDITIONED TO ALLOW TANDEM PARKING; AND, APPROVING SITE PLAN REVIEW NO. 2011-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 100-140 EAST MACARTHUR BOULEVARD CITY COUNCIL AGENDA 11 APRIL 4, 2011 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GRAND PLAN 2, LLC AND LYON INTEGRAL MACARTHUR PLACE, LLC 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 Monday, April 18, 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. CITY COUNCIL AGENDA 12 APRIL 4, 2011