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Home My WebLink About AGENDA_2012-04-02 City Council Meeting Agenda April 2, 2012 CLOSED SESSION MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California 5:00 PM REGULAR OPEN MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza 6:00 PM (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, Housing Authority, and/or City of Santa Ana Acting as Successor Agency 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 APRIL 2, 2012 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING APRIL 2, 2012 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 INVOCATION Tim Felker, Police Chaplain PRESENTATIONS EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Carolyn E. Richard, Workers’ Compensation Administrator, Personnel Services Ruben Ibarra, Police Lieutenant, Police Department 25 YEARS OF SERVICE Pablo A. Sarabia, Police Officer, Police Department 30 YEARS OF SERVICE Patrick McHugh, Fire Engineer, Fire Department Joseph M. Rodriguez, Community Preservation Inspector, Planning & Building Agency 40 YEARS OF SERVICE M. Barry Cupples, Fire Captain, Fire Department CITY COUNCIL AGENDA 3 APRIL 2, 2012 PROCLAMATION MAYOR PRO TEM CLAUDIA ALVAREZ presented by to Genesis Consultants LLC for providing services and information on accessible and affordable insurance coverage to the underserved, uninsured and under-insured minority communities, accepted by Principal Partners Georgina Maldonado and Rita Cruz Gallegos. PROCLAMATION COUNCILMEMBER CARLOS BUSTAMANTE presented byto Crevier BMW/Mini and Mr. Al Parajeckas for providing outstanding service to the residents of the City of Santa Ana. PROCLAMATION COUNCILMEMBER MICHELE MARTINEZ presented by to Karen Athey, Donate Life Ambassador, in recognition of DMV/Donate Life California Month. 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, Housing Authority, and/or City of Santa Ana Acting as Successor Agency 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 4 APRIL 2, 2012 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 31A. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF MARCH 19, 2012 - 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 ADOPTION OF ORDINANCES – APPROVE ZONING ORDINANCE AMENDMENT NO. 2012-01, 200 EAST FIRST AMERICAN WAY AND APPROVE AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004- 03 BETWEEN THE CITY OF SANTA ANA AND VINEYARDS DEVELOPMENT CORPORATION AT THE MET, LLC - Planning and Building Agency Placed on first reading at the March 19, 2012 City Council meeting and approved by a vote of 6-1 (Bustamante Voted No). Published in the Orange County Reporter on March 23, 2012. Place ordinances on second reading and RECOMMENDED ACTION: adopt. ORDINANCE NO. NS-2830 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 43 (SD-43) TO ALLOW THE CONSTRUCTION OF A MULTIFAMILY RESIDENTIAL PROJECT WITH 278 UNITS AT 200 EAST FIRST AMERICAN WAY (ZOA NO. 2012-01) ORDINANCE NO. NS-2831 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY CITY COUNCIL AGENDA 5 APRIL 2, 2012 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 Agency 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. BUDGETARY MATTERS SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A through 22C) 22A SPEC. NO. 10-048 - ANNUAL SIDEWALK MAINTENANCE - Renew the contract with Central Coast Surface Grinding, Inc. for a one-year period in an annual amount not to exceed $150,000 (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 12-016 - SANITARY SEWER BY-PASS PUMP SYSTEM - Award a contract to Xylem Dewatering Solutions, Inc. in an amount not to exceed $45,500 (Public Works Agency) - Finance & Management Services 22C SPEC. NO. 12-025 - VEHICLE BODY REPAIR - Award contracts for a six- month period for an aggregate amount not to exceed $75,000 to the following vendors - Finance & Management Services Vendor Location Doffo Automotive Inc. Santa Ana Kelly’s Body Shop Santa Ana Top Finish Collision Center Inc. Santa Ana CITY COUNCIL AGENDA 6 APRIL 2, 2012 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 25H) 25A AGMT - ENVIRONMENTAL SERVICES TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR THE BAT NHA BUDDHIST MEDITATION CENTER AT 803 SOUTH SULLIVAN STREET - With ICF Jones and Stokes Incorporated in an amount not to exceed $77,340 - Planning and Building Agency 25B AGMT - MEMORANDUM OF UNDERSTANDING FOR WORKFORCE INVESTMENT SERVICES ACT TO PROVIDE WORKFORCE DEVELOPMENT SERVICES FOR LOCAL ADULTS, DISLOCATED WORKERS, YOUTH AND EMPLOYERS - With the Orange County Small Business Development Center - Community Development Agency 25C AGMT - REWIRING STREET LIGHTS ON BROADWAY AND SYCAMORE STREET - With Macadee Construction, Inc. for an amount not to exceed $172,000 - Public Works Agency 25D AGMT - ACQUISITION SETTLEMENT AGREEMENT FOR BRISTOL STREET CORRIDOR, 517 NORTH BRISTOL (PROJECT NO. 081700) - With Abel Torres in the amount of $22,000 - Public Works Agency 25E QUITCLAIM AND SALE OF SURPLUS PROPERTY TO RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT - Public Works Agency ? Execute a quitclaim deed relinquishing the City’s fee interest in a portion of former College Avenue to Rancho Santiago Community College District. ? AGMT - Execute an agreement for the sale of City surplus property located at the northeast corner of College Avenue and Washington Avenue to Rancho Santiago Community College District for $1.00. 25F AGMT - AMENDMENT FOR ENVIRONMENTAL SERVICES FOR THE WARNER AVENUE WIDENING FROM MAIN STREET TO GRAND CITY COUNCIL AGENDA 7 APRIL 2, 2012 AVENUE (PROJECT NO. 091749) - With The Planning Center, in an amount of $44,415 for a total agreement not to exceed $575,000 and extend the term of the agreement to December 31, 2013 - Public Works Agency 25G AGMT - TEMPORARY EMERGENCY TRANSPORATION SERVICES (AMBULANCE) - With Care Ambulance Services Inc. in an amount not to exceed $1,200,000 for a period of 120 days with the ability to extend for an additional 30 days - Fire Department 25H AGMT – CITY ATTORNEY CONTRACT – With the law firm of Best, Best and Krieger designating Sonia R. Carvalho as City Attorney for the City of Santa Ana - Personnel Services Agency LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2012-04 TO ALLOW A 60-FOOT HIGH WIRELESS FACILITY FOR VERIZON WIRELESS AT 1200 EAST GLENWOOD PLACE – CORE DEVELOPMENT SERVICES, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on March 12, 2012, by a vote of 5-0 (Yrarrazaval abstained, Mill absent). Receive and file the staff report approving RECOMMENDED ACTION: Conditional Use Permit No. 2012-04 as conditioned.. **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 8 APRIL 2, 2012 BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-37 TO ALLOW THE EXPANSION OF THE ALLIANCE CHURCH OF ORANGE AT 2130 NORTH GRAND AVENUE - 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. 2008-37 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2130 NORTH GRAND AVENUE 55B NOMINATE AND APPOINT A REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD - Clerk of the Council Office Nominate a councilmember and adopt a RECOMMENDED ACTION: resolution appointing a representative to the Orange County Fire Authority. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS 55C RESOLUTION AUTHORIZING ABSENCE WITH PAY FOR APPROVED CITY EMPLOYEES WHO STAFF POLLING LOCATIONS ON ELECTION DAY - Clerk of the Council Office Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING ABSENCE WITH PAY FOR CITY EMPLOYEES WHO VOLUNTEER TO STAFF POLLING STATIONS FOR THE COUNTY ON ELECTION DAY CITY COUNCIL AGENDA 9 APRIL 2, 2012 PUBLIC HEARINGS 75A PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2012-2013 - Community Development Agency Legal Notice published in the Orange County Register on March 19, 2012. RECOMMENDED ACTION: 1) Approve the proposed Fiscal Year 2012-2013 Community Development Block Grant Program. 2) AGMTS - Execute memorandums of understanding with city departments and agreements with nonprofit agencies awarded funds as part of the approved program. JOINT SESSIONS OF THE CITY COUNCIL AND THE CITY OF SANTA ANA ACTING AS THE SUCCESSOR AGENCY 80A JOINT COUNCIL AND CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY - COOPERATIVE AGREEMENT BETWEEN CITY AND SUCCESSOR AGENCY, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET AND COOPERATIVE AGREEMENT RESOLUTION - Community Development Agency CITY COUNCIL ACTION Approve and authorize the City Manager RECOMMENDED ACTION: and Clerk of the Council to execute a Cooperative Agreement, subject to non-substantive changes approved by the City Manager and City Attorney, and Oversight Board approval pursuant to Sections 34171(d)(1)(F) and 34178(a) of the Dissolution Act . AGMT - With the City of Santa Ana, acting as Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana (Successor Agency) for reimbursement of financial, administrative, and operational services SUCCESSOR AGENCY ACTION RECOMMENDED ACTIONS: 1. Approve and authorize the City Manager and Clerk of the Council to execute a Cooperative Agreement, subject to non-substantive changes approved by the City Manager and City Attorney, and Oversight Board approval pursuant to Sections 34171(d)(1)(F) and 34178(a) of the Dissolution Act. CITY COUNCIL AGENDA 10 APRIL 2, 2012 AGMT - With the City of Santa Ana (City) for reimbursement of financial, administrative, and operational services 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY ADOPTING AND APPROVING THE SUCCESSOR AGENCY’S PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(j), AND AUTHORIZING THE SUCCESSOR AGENCY TO ENTER INTO AN AGREEMENT WITH THE CITY OF SANTA ANA FOR REIMBURSEMENT OF FINANCIAL, ADMINISTRATIVE AND OPERATIONAL SERVICES PURSUANT TO HEALTH AND SAFETY CODE SECTION 34171; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH HOUSING AUTHORITY MEETING (Blue Agenda) SUCCESSOR AGENCY MEETING (Salmon 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 16, 2012 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 Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Donald Kennedy CITY COUNCIL AGENDA 11 APRIL 2, 2012