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Home My WebLink About AGENDA_2012-09-04 City Council Meeting Agenda Tuesday, September 4, 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 5:45 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 Sonia R. Carvalho Paul M. WaltersMaria 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 and 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 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 SEPTEMBER 4, 2012 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING TUESDAY, SEPTEMBER 4, 2012 REGULAR OPEN MEETING 5:45 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 Bear Summers, Police Chaplain PRESENTATIONS EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Mary D. Kelley, Senior Personnel Analyst, Personnel Services 25 YEARS OF SERVICE Charles G. Flynn, Police Sergeant, Police Department PROCLAMATIONMAYOR MIGUEL PULIDO presented by to CASA in recognition of their commitment to represent the best interests of a child in dependency, neglect or abuse cases thus helping to ensure that a child’s right to a safe and permanent home is acted upon in a sensitive, expedient manner; Board Chairman Mark Steiman and Chief Executive Officer Gene Howard will be accepting this recognition. PROCLAMATIONMAYOR MIGUEL PULIDO presented by to WisePlace in recognition th of their 25 Anniversary; Kathleen Davis, Executive Director, will be accepting this recognition. CITY COUNCIL AGENDA 3 SEPTEMBER 4, 2012 OATH OF OFFICE Administered by the Clerk of the Council to Katherine Mitchell, CERTIFICATE OF RECOGNITION regular member of the Youth Commission and MAYOR PRO TEM CLAUDIA ALVAREZ presented by to Katherine Mitchell for her acceptance into the Harvard Secondary School Program. PROCLAMATIONCOUNCIL MEMBER DAVID BENAVIDES presented by to Univision th in recognition of their 50 Anniversary; Television Anchor Teresa Quevedo will be accepting the recognition. 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 and 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 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 SEPTEMBER 4, 2012 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 31B. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF AUGUST 20, 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 SECOND READING ORDINANCE RELATING TO THE ENFORCEMENT OF PARKING REGULATIONS AND TRAFFIC CONTROL - Police Department Placed on first reading at the August 20, 2012 City Council meeting and approved by a vote of 5-0 (Bustamante and Sarmiento absent) Published in the Orange County Reporter on August 24, 2012. Place ordinance on second reading and RECOMMENDED ACTION: adopt. ORDINANCE NS-2837 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING CONTROL REGULATIONS AND TRAFFIC CONTROL SERVICES MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office 19B EXCUSED ABSENCES - Clerk of the Council Office CITY COUNCIL AGENDA 5 SEPTEMBER 4, 2012 19C CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT - Community Development Agency Authorize the submittal of the RECOMMENDED ACTION: Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 19D QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS & ACTIVITIES APRIL 2012 – JUNE 2012 - Community Development Agency Receive and file. RECOMMENDED ACTION: 19E DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT ANNUAL REPORT - Community Development Agency At the July 16 and August 6, 2012 City Council meetings, item not considered due to lack of quorum. RECOMMENDED ACTIONS: 1. Approve the 2011-12 Downtown Santa Ana Community Management District annual report submitted by Downtown Inc.; 2. Authorize staff to submit the FY 2012-2013 Downtown Santa Ana Community Management District Special Assessment date to the Orange County Auditor-Controller by August 10, 2012. 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. 12-054 - ON-GOING HOMELAND SECURITY PROJECTS - Award a contract to Mallory Safety & Supply Co. for a one-year period with provision for two, one-year renewals, in an amount not to exceed $1,750,000 for the first year (Police Department) - Finance & Management Services CITY COUNCIL AGENDA 6 SEPTEMBER 4, 2012 22B SPEC NO. 12-052 - SCREEN PRINTED ARTICLES, PROMOTIONAL ITEMS AND AWARDS - Award a contract to McVicker and Associates for a one-year period in an annual amount not to exceed $55,000 - 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 25I) 25A AGMT - FEDERAL GOVERNMENT LIAISON SERVICES - With The Ferguson Group for an annual amount not to exceed $75,000 - City Manager's Office Continued from the July 2, 2012 City Council meeting by a vote of 6-0 (Bustamante absent). Considered at the August 6, 2012 City Council meeting to approve by a vote of 2-0 (Martinez, Benavides, No; Bustamente, Sarmiento and Tinajero absent), motion failed; and to continue matter to August 20, 2012 meeting by a vote 2-0 (Alvarez, Pulido, No; Bustamente, Sarmiento and Tinajero absent) motion failed. Item considered and continued from the August 20, 2012 City Council meeting by a vote of 5-0 (Bustamante and Sarmiento absent). 25B AGMT - AMENDMENT - INMATE MEDICAL SERVICES - With Correctional Managed Care Medical Corporation in an annual amount not to exceed $1,373,732 - Police Department Continued from the August 20, 2012 City Council meeting by a vote of 5-0 (Bustamante and Sarmiento absent). 25C CONSULTING SERVICES FOR INFORMATION TECHNOLOGY - With the following firms for a total compensation of $3,290,000 and extending the term for a one-year term or until the funds are expended - Finance & Management Services Continued from the August 20, 2012 City Council meeting by a vote of 5-0 (Bustamante and Sarmiento absent). AGMT – AMENDMENT - With Concorde Consulting, Inc. ? AGMT – AMENDMENT - With SoftMaster, Inc. ? AGMT – AMENDMENT - With The Comdyn Group, Inc. ? AGMT – AMENDMENT - With Telfords ? CITY COUNCIL AGENDA 7 SEPTEMBER 4, 2012 25D AGMT - GRANT MANAGEMENT SERVICES, URBAN AREAS SECURITY INITIATIVE (UASI) FUNDED - With Willdan Homeland Solutions in an annual amount not to exceed $125,000 with the option to exercise two, one-year extensions - Police Department 25E AGMT - OPERATION & MAINTENANCE OF PROPERTIES (BIKE TRAILS AND REST AREAS) LEASED BY THE CITY OF SANTA ANA ALONG THE SANTA ANA RIVER AND FLOOD CONTROL CHANNELS - With the Orange County Flood Control District - Parks, Recreation & Community Services Agency 25F AGMT - AMENDMENT - ANNUAL WEED AND DEBRIS REMOVAL SERVICES - With Naranjo Landscape, Inc., for an amount not to exceed $167,500 through August 31, 2013 (Community Development Agency) - Public Works Agency 25G AGMT - GRANT APPLICATIONS PARTNERSHIP FOR A HEALTHIER AMERICA PLAY STREETS TO PROVIDE PHYSCIAL ACTIVITIES TO THE CEDAR-EVERGREEN AREA - With the Partnership for a Healthier America - Parks, Recreation & Community Services Agency 25H GARFIELD COMMUNITY CENTER CONSTRUCTION REIMBURSEMENT AND JOINT USE AGREEMENT - Community Development Agency and Parks, Recreation and Community Servcies 1. AGMT - With the Santa Ana Unified School District (SAUSD) for the construction of a community center at Garfield Elementary School in an amount not to exceed $2,375,000, subject to SAUSD Board approval. 2. AGMT - With the Santa Ana Unified School District for Garfield Elementary School, subject to SAUSD Board approval. 3. Approve the project funding as follows: Construction Reimbursement Agreement $2,375,000, Inspection/Oversight $237,500, and Contingencies $237,500, for a total estimated cost to the City of $2,850,000. 25I AGMT – GEOGRAPHIC INFORAMTION SYSTEM (GIS) PROGRAMMING AND CONSULTING SERVICES - With Redlands Software Inc. for an amount not-to-exceed $120,000 in Fiscal Years 2012- 2013 and 2013-2014 - Public Works Agency CITY COUNCIL AGENDA 8 SEPTEMBER 4, 2012 MISCELLANEOUS - BUDGET 29A 2010-2011 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENTS - Community Development Agency RECOMMENDED ACTIONS: 1. Approve a substantial amendment to the 2010-2011 Annual Action Plan approving the reallocation of Community Development Block Grant funds, and authorize its submittal to the U.S. Department of Housing and Urban Development; 2. Approve a substantial amendment to the 2010-2011 Annual Action Plan revising the NSP3 Target Geography Area, and authorize its submittal to the U.S. Department of Housing and Urban Development; 3. Approve the amendment of the Foreclosed Homes Acquisition Program. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2012-16 AND VARIANCE NO. 2012- 05 TO PERMIT AN INDOOR SPORTS FACILITY THAT EXCEEDS THE ALLOWABLE BUILDING AND SIGN HEIGHT AT 1441 SOUTH VILLAGE WAY – SENDER ONE CLIMBING LLC, APPLICANT – Planning and Building Agency Recommended action approved by the Planning Commission on August 13, 2012, by a vote of 6-0 (Turner absent). Receive and file the staff report RECOMMENDED ACTION: approving Conditional Use Permit No. 2012-16 as conditioned and Variance No. 2012-05 as conditioned.. 31B CONDITIONAL USE PERMIT NO. 2012-17 AND VARIANCE NO. 2012- 06 TO ALLOW THE ACADEMY CHARTER HIGH SCHOOL AT 1901 NORTH FAIRVIEW STREET - ORANGEWOOD CHILDRENS FOUNDATION, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on August 13, 2012, by a vote of 6-0 (Turner absent). CITY COUNCIL AGENDA 9 SEPTEMBER 4, 2012 Receive and file the staff report approving RECOMMENDED ACTION: Conditional Use Permit No. 2012-17 as conditioned and Variance No. 2012-06 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A EXTEND THE SUSPENSION OF CREDIT CARD/ELECTRONIC FUNDS TRANSFER TRANSACTION FEE - Finance & Management Services Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING THE SUSPENSION THE CREDIT CARD / ELECTRONIC FUNDS TRANSFER TRANSACTION FEE 55B RESOLUTION - SUPPORTING THE TRANSFER OF ONTARIO AIRPORT TO LOCAL CONTROL - City Manager's Office Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE TRANSFER OF ONTARIO INTERNATIONAL AIRPORT TO LOCAL CONTROL OF THE CITY OF ONTARIO COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION POLICY - Mayor Pro Tem Alvarez and Councilmember Sal Tinajero At the August 20, 2012 City Council meeting Mayor Pro Tem requested that item be placed on the September 4, 2012 City Council meeting. CITY COUNCIL AGENDA 10 SEPTEMBER 4, 2012 85B ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (“PBID”) ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS, HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING FOR DISESTABLISHMENT - Mayor Pro Tem Alvarez and Councilmember Sal Tinajero Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2 and August 6, 2012 City Council meetings. 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, September 17, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. UPCOMING AGENDA ITEMS ? Tow Truck Franchises ? Enforcement Permit Ordinance ? Economic Development Ordinance ? Update on Local Streets and Roadwork ? Sunshine Ordinance ? Go Local Project - Action items ? Discovery Science Center - Expansion approvals ? Academy High School – Approvals ? Paramedic Services Agreement CITY COUNCIL AGENDA 11 SEPTEMBER 4, 2012