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Home My WebLink About AGENDA_2011-11-28 City Council Meeting Agenda November 28, 2011 CLOSED SESSION MEETING POLICE COMMUNITY ROOM 60 Civic Center Plaza Santa Ana, California 5:00 P.M. ADJOURNED REGULAR MEETING POLICE COMMUNITY ROOM 6:00 P.M. (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 StrakaPaul M. WaltersMaria D. Huizar Interim City Attorney Interim 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, 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 three (3) minutes 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 NOVEMBER 28, 2011 CITY OF SANTA ANA CITY COUNCIL ADJOURNED REGULAR OPEN MEETING NOVEMBER 28, 2011 REGULAR OPEN MEETING 6:00 p.m. (Immediately following the Closed Session Meeting) 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, 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 three (3) minutes 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 NOVEMBER 28, 2011 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: (10A through 25F) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 2011 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: 10B MINUTES OF THE SPECIAL CLOSED SESSION AND OPEN CITY COUNCIL MEETINGS OF NOVEMBER 14, 2011 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: ORDINANCES/SECOND READINGSS 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 ZONING ORDINANCE AMENDMENT NO. 2011-01 TO CREATE A HOUSING OPPORTUNITY ORDINANCE TO ENSURE FUTURE RESIDENTIAL DEVELOPMENT PROJECTS CONTRIBUTE TO THE ATTAINMENT OF THE AFFORDABLE HOUSING GOALS SET FORTH IN THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN - Filed by the City of Santa Ana. - Planning and Building Agency Placed on first reading at the November 7, 2011 City Council meeting and approved by a vote of 6-1 (Bustamante, opposed) Published in the Orange County Reporter on November 18, 2011. Place ordinance on second reading and RECOMMENDED ACTION: adopt. ORDINANCE NO. NS-2825 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING HOUSING OPPORTUNITY STANDARDS AND PROCEDURES TO ENCOURAGE THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE TO A RANGE OF HOUSEHOLDS WITH VARYING INCOME LEVEL CITY COUNCIL AGENDA 4 NOVEMBER 28, 2011 BOARDS / COMMISSIONS / COMMITTEES 13A RE-APPOINT ORANGE COUNTY VECTOR CONTROL DISTRICT BOARD MEMBER – Clerk of the Council Office : Re-appoint Cecilia Aguinaga as the City Representative to MOTION the Orange County Vector Control District Board for a two-year term expiring December 31, 2013. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 19C REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR THE ACADEMY CHARTER HIGH SCHOOL - Planning and Building Agency Authorize the Planning and Building RECOMMENDED ACTION: Agency to send a Request for Proposals to qualified consulting firms to provide environmental services for The Academy Charter High School at 1901 North Fairview Street. BUDGETARY MATTERS SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A and 22B) 22A SPEC. NO. 10-040 - ASPHALT POTHOLE REPAIR - Renew the contract with Ben’s Asphalt, Inc.. for a one-year period in an annual amount not to exceed $500,000 (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 06-064 - ELECTRICAL SERVICES – Authorize payment to Williams and Maher in the amount not to exceed $115,000 - Finance & Management Services CITY COUNCIL AGENDA 5 NOVEMBER 28, 2011 PROJECTS/CHANGE ORDERS 23A 2011-2012 OMNIBUS CONCRETE REPLACEMENT CONTRACT (PROJECT NO. 126752) - Public Works Agency RECOMMENDED ACTIONS: 1. Relieve C.J. Concrete Construction, Inc. of its bid in the amount of $237,500. 2. Award a contract to Bannaoun Engineers Constructors Corp., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $243,150. 3. Approve a funding analysis with a total estimated construction cost of $296,800. 23B CONTRACT AWARD FOR SEVENTEENTH STREET TRIANGLE (PROJECT NO. 096035) STATE RESOURCES AGENCY GRANT FUNDED - Public Works Agency and Parks, Recreation, and Community Services Agency RECOMMENDED ACTIONS: 1. Award a contract to Greenland Construction Inc., the lowest responsible bidder, in accordance with unit bid prices for the Base Bid plus Add Alternate Two in the estimated amount of $140,740. 2. Approve a Funding Analysis with a total estimated construction cost of $196,900. 23C CONTRACT AWARD FOR DIAMOND PARK MUTUAL WATER COMPANY WATER MAIN IMPROVEMENTS (PROJECT NO. 106404 REBID) PROPOSITION 84 GRANT - Public Works Agency RECOMMENDED ACTIONS: 1. Approve an appropriation adjustment. (Requires five affirmative vote) APPROPRIATION ADJUSTMENT NO. 2012-94 - Accepting funds in the amount of $1,121,727 into the Miscellaneous Revenue Fund for State Grants and appropriating $1,121,727 to the Public Works Water Quality and Control Expense Fund for Water Capital Improvements. CITY COUNCIL AGENDA 6 NOVEMBER 28, 2011 2. Award a contract to J.A. Salazar Construction and Supply Corporation, the lowest responsible bidder, in accordance with unit bid prices for estimated amount of $593,068.50. 3. Approve a Funding Analysis with a total estimated construction cost of $771,000. 23D CONTRACT AWARD FOR CATALINA STREET PUMP OWNERS ASSOCIATION WATER SERVICE CONNECTION (PROJECT NO. 106403) PROPOSITION 84 GRANT - Public Works Agency RECOMMENDED ACTIONS: 1. Approve an appropriation adjustment. (Requires five affirmative vote) APPROPRIATION ADJUSTMENT NO. 2012-95 - Accepting funds in the amount of $441,651 into the Miscellaneous Revenue Fund for State Grants and appropriating $441,651 to the Public Works Water Quality and Control Expense Fund for Water Capital Improvements. 2. Award a contract to Stephen Doreck Equipment Rental, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus in the estimated amount of $169,120.45. 3. Approve a Funding Analysis with a total estimated construction cost of $245,200. 23E CONTRACT AMENDMENT WITH J & G INDUSTRIES INC. FOR DEMOLITION SERVICES (PROJECT 116744) GRANT FUNDED - Public Works Agency Amend the demolition contract with J & RECOMMENDED ACTION: G Industries, Inc., by $400,000 for a total contract amount of $550,000, in order to provide for the demolition of 1631 North Bristol Street, a part of the Bristol and Seventeenth Street Widening 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. (Item 25A through 25F) CITY COUNCIL AGENDA 7 NOVEMBER 28, 2011 25A AGMT - ENVIRONMENTAL SERVICES FOR A NEW 24-UNIT SINGLE- FAMILY RESIDENTIAL DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE - Execute an amendment with URS Corporation in an amount not to exceed $23,235 - Planning and Building Agency 25B AGMT - PROVIDE EVENT PRODUCTION SERVICES FOR DOWNTOWN EVENTS - With MX Live for a two-year period - Parks, Recreation & Community Services Agency 25C AGMTS - CATCH BASIN SCREEN INSTALLATION PROJECTS - With United Stormwater, Inc. and West Coast Storm, Inc., each in an amount not to exceed $110,000 - Public Works Agency 25D AGMT - PRELIMINARY ENGINEERING FOR THE SANTA ANA- GARDEN GROVE FIXED GUIDEWAY PROJECT (PROJECT 092505)- Public Works Agency 1. Execute a cooperative agreement with the Orange County Transportation Authority (OCTA), in an amount not to exceed $5,541,700. 2. Approve an appropriation adjustment . (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-93 – Correctly allocate Federal Transit Administration (FTA) Section 5307 transit funds in the amount of $4,433,360 budgeted in the Select Construction Revenue Fund for Federal Grants-Direct to the Measure M Street Construction Revenue Fund for Other Grants and the appropriation of the same $4,433,360 from the Select Street Construction Expense Fund to the OCTA Transitway Project – MOS3 Expense Fund. 25E AGMT - POINT-TO-POINT HIGH-CAPACITY WIRELESS MILLIMETER- BAND 80GHZ SYSTEM (UASI GRANT FUNDED) - With Pacific Services, Inc., in an amount not to exceed $63,000 - Police Department 25F AGMT - PROVIDE AUTOMATED PARKING CITATION PROCESSING SYSTEM - Execute a 3rd amendment with Phoenix Group Information Systems, for a six-month extension in an amount not to exceed $100,000.00 - Police Department, Public Works Agency, and Community Development Agency **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 8 NOVEMBER 28, 2011 BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008-27 AND 2008- 31 TO ALLOW THE CONSTRUCTION OF A NEW PHARMACY AT 115 NORTH HARBOR BOULEVARD - Planning and Building Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-27 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2008-31 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 115 NORTH HARBOR BOULEVARD 55B RESOLUTION AND AGREEMENT TO ESTABLISH A RETIREE HEALTH SAVINGS PLAN ACCESSIBLE TO ALL BARGAINING GROUPS ON A VOLUNTARY BASIS - Personnel Services Agency RECOMMENDED ACTIONS: 1. Adopt a resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR ADOPTION OF THE ICMA-RC VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN ACCESSIBLE TO ALL BARGAINING GROUPS 2. Authorize the City Manager and the Clerk of the Council to execute an agreement. AGMT - ESTABLISH AND ADMINISTER THE PLAN - With ICMA-RC for a period of five years with provision for year-to-year extensions, contingent upon Council approval, and to execute any other documents required. 3. Appoint the Executive Director of Finance & Management Services Agency, or his designee, as the City’s Plan Trustee authorized to maintain compliance with any regulations regarding the trust. 4. Appoint the Executive Director of Personnel Services, or his designee, as the City’s Plan Administrator for the Plan, authorized to implement the plan, amend the plan, and to take additional CITY COUNCIL AGENDA 9 NOVEMBER 28, 2011 actions as necessary to maintain the City’s participation in the plan, maintain compliance with any regulations regarding the plan, and to administer the plan for current and retired bargaining unit members, on behalf of the City. 55C MEASURE M COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM – GRANT APPLICATIONS - Public Works Agency RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM 2. Direct staff to amend the seven-year Capital Improvement Program to incorporate the Comprehensive Transportation Funding Program projects list. 55D RESOLUTION PROPOSING AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO ADD A PART-TIME JOB TITLE - Personnel Services Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO AMEND THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLAN TO ADD ONE NEW PART TIME CLASSIFICATION TITLE IN THE POLICE DEPARTMENT. 55E RESOLUTION SUPPORTING THE MISSION OF THE “OCCUPY” ORGANIZATION RELATING TO THE NATION’S ECONOMIC CRISIS - City Manager’s Office Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE MISSION AND GOALS OF THE “OCCUPY” ORGANIZATIONS RELATING TO THE CAUSES OF THE NATION’S ONGOING ECONOMIC CRISIS CITY COUNCIL AGENDA 10 NOVEMBER 28, 2011 WORK STUDY SESSION WSA SR-55 IMPROVEMENT BETWEEN I-5 & 405 FWY – OCTA - 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 - The next meeting of the City Council is scheduled for Monday, December 5, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. CITY COUNCIL AGENDA 11 NOVEMBER 28, 2011