The URL can be used to link to this page

Home My WebLink About AGENDA_2012-10-15 City Council Meeting Agenda October 15, 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 any other legislative body scheduled to meet on same day and time 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 Thursday. 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 OCTOBER 15, 2012 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING OCTOBER 15, 2012 TELECONFERENCE LOCATION: For Councilmember Martinez: Cabo Azul Resort Paseo Malecon S/N, Lote 11 Fonatur San Jose del Cabo, Baja California Sur, Mexico 23400 For Councilmember Sarmiento: Sarmiento Inc: Law Office and Lawyers 333 N Garfield Ave Alhambra, CA 91801-2461 Pursuant to California Government Code section 54953(b)(3), any member of the public wishing to address the legislative body directly pursuant to California Government Code section 54954.3 may do so at each teleconference location at the time the item is considered. 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 Police Chaplain CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. CITY COUNCIL AGENDA 3 OCTOBER 15, 2012 PUBLIC COMMENT Pursuant to Government Code Sec. 54954.3, the public may address the City Council and any other legislative body scheduled to meet on same day and time 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 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 OCTOBER 1, 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 ORDINANCE SECOND READING: ADDING ARTICLE II.I THROUGH ARTICLE II.III TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE - City Manager's Office CITY COUNCIL AGENDA 4 OCTOBER 15, 2012 Ordinance approved for first reading at the October 1, 2012 City Council meeting; Ordinance Sections 1, through 3, and 7 through 10 were approved by a vote of 7-0 and Sections 4, 5 and 6 were approved 4-3 (Alvarez, Bustamante, and Pulido voted “No”). Published in the Orange County Reporter on October 5, 2012. RECOMMENDED ACTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2838 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE II.I through ARTICLE II.III to CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE 11B ORDINANCE SECOND READING: ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AMENDMENT APPLICATION NO. 2012-01) - Planning and Building Agency Placed on first reading at the October 1, 2012 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on October 5, 2012. Place ordinance on second reading and RECOMMENDED ACTION: adopt. ORDINANCE NO. NS-2839 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) BOARDS / COMMISSIONS / COMMITTEES 13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT APRIL 2012 THROUGH SEPTEMBER 2012 - Clerk of the Council Office Receive and file Boards and Commissions RECOMMENDED ACTION: Biannual Attendance Report. CITY COUNCIL AGENDA 5 OCTOBER 15, 2012 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 19C CANCELLATION OF THE NOVEMBER 5, 2012 CITY COUNCIL MEETING - Clerk of the Council Office Direct the Clerk of the Council to post a RECOMMENDED ACTION: Notice of Cancellation for the regularly scheduled Council meeting of November 5, 2012; the City Council hereby waives notice of said meeting as required by the government code. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING THE 2012 JUSTICE ASSISTANCE (JAG) – Police Department RECOMMENDED ACTIONS: Approve an appropriation adjustment. 1. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-040 - Recognizing the 2012 Justice Assistance Grant in the amount of $102,764 into the revenue account and appropriate same into the 2012 Justice Assistant Grant expenditure account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT - With the County of Orange, Sheriff’s Department to transfer the 2012 Justice Assistance Grant Program funds in an amount of $102,764. CITY COUNCIL AGENDA 6 OCTOBER 15, 2012 20B APPROPRIATION ADJUSTMENT AND AGREEMENT - AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT AND FISCAL YEAR 2012/2013 CAPITAL IMPROVEMENT PROGRAM FOR WARNER AVENUE AND GRAND AVENUE WIDENING PROJECTS – Public Works Agency RECOMMENDED ACTIONS: 1. Authorize the City Manager and Clerk of the Council to execute the attached second amendment to the Joint Exercise of Powers agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT AMENDMENT - With the City of Tustin for reallocation of - Transportation System Improvement Program area fees and bond proceeds 2. Amend the Fiscal Year 2012/2013 Capital Improvement Program and a pprove an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-042 - Accepting funds in amounts of $8 million from City of Tustin Community Facilities District bond proceeds, and $2,919,046 from Transportation System Improvement Program Area B fees into the Transportation System Improvement Area Revenue Fund, and appropriating $10,919,046 to the Transportation System Improvement Area Expenditure Fund for the Warner Avenue Widening Project from Main Street to Grand Avenue. 3. Amend the Fiscal Year 2012/2013 Capital Improvement Program and a pprove an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-043 - Accepting funds in an amount of $2,790,262 from Transportation System Improvement Program Area A fees into the Transportation System Improvement Area Revenue Fund, and appropriating the same amount to the Transportation System Improvement Area Expenditure Fund for the Grand Avenue Widening Project from First Street to Fourth Street. CITY COUNCIL AGENDA 7 OCTOBER 15, 2012 SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A and 22B) 22A SPEC. NO. 12-061 - ELECTRICAL SERVICES - Award contracts for electrical services for a one-year period, with provision for three one-year renewals, in an annual aggregate amount not to exceed $200,000 with the following vendors: (Finance & Management Services) Vendor Location A.J. Kirkwood & Associates, Inc. Tustin GA Technical Services, Inc. Rancho Cucamonga Williams & Maher, Inc. Santa Ana 22B SPEC. NO. 12-059 - REPLACEMENT OF POLICE PATROL CARS - Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of the County of Los Angeles, for the purchase of 25 Police patrol cars in an amount of $694,250 – Finance & Management Services PROJECTS/CHANGE ORDERS 23A CONTINGENCY INCREASE FOR BRISTOL-WARNER INTERSECTION (PROJECT NO. 091752) – Public Works Agency Increase the contingency for the contract RECOMMENDED ACTION: with Hillcrest Contracting Inc. for the construction of the Bristol- Warner Intersection Widening Project by $30,000 to a total estimated contract amount of $1,617,091 and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. 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) 25A AGMTS - ENVIRONMENTAL SERVICES FOR A 24-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE – Planning and Building Agency CITY COUNCIL AGENDA 8 OCTOBER 15, 2012 ? AGMT - AMENDMENT - With URS Corporation for environmental services in an amount not to exceed $48,905 for a new 24-unit single- family residential development at 1584 East Santa Clara Avenue. ? AGMT - With URS Corporation for environmental services in an amount not to exceed $5,810 for technical analysis and meeting attendance in conjunction with the listing of the property on 1584 East Santa Clara Avenue on the City’s historic register. 25B AGMT - AMENDMENT - CIVIL ENGINEERING CONSULTANT SERVICES - With CivilSource, Inc. for an amount not to exceed $52,000 and to extend the term of the agreement to June 30, 2013, with a total aggregate amount not to exceed $77,000 – Public Works Agency 25C AGMTS - TRAINING AND EXERCISE SERVICES - With Willdan Homeland Solutions, an operating division of Willdan Group, Inc., in an amount not exceed $1,000,000 – Police Department 25D AGMT - MANAGED PRINT SERVICES - With C3 Office Solutions in an annual average amount of $240,000 for a three-year term, with an option for an additional three-year renewal – Finance & Management Services 25E AGMT - AMENDMENT - MERCHANT PAYMENT SERVICES - With Transfirst, LLC, approving compensation not to exceed $165,000 annually for two one-year terms commencing October 1, 2011 and continuing through September 30, 2013 – Finance & Management Services 25F AGMT - SETTLEMENT FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) - With Enrique Santiago dba El Jalapeños Mexican Food, tenant of the property located at 1221 East First Street, Unit C (APNs 398-454-12 & 13), in an amount of $73,230 – Public Works Agency CITY COUNCIL AGENDA 9 OCTOBER 15, 2012 LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2012-20 TO ALLOW THE RESTAURANT TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY - BRUCE MARSH, APPLICANT – Planning and Building Agency Recommended action approved by the Planning Commission on September 10, 2012, by a vote of 6-0 (Alderete absent). Receive and file the staff report RECOMMENDED ACTION: approving Conditional Use Permit No. 2012-20 as conditioned. 31B VARIANCE NO. 2012-07 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR A NEW COMMERCIAL BUILDING AT 2702 NORTH BRISTOL STREET - METRO STAR LLC, APPLICANT – Planning and Building Agency Recommended action approved by the Planning Commission on September 24, 2012, by a vote of 7-0. : Receive and file the staff report RECOMMENDED ACTION approving Variance No. 2012-07 as conditioned. **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 10 OCTOBER 15, 2012 BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A PROPOSITION 1B – PROJECT LIST AMENDMENT AND CONTRACT AWARD FOR LYON STREET: CHESTNUT TO FIRST & MAIN/FIRST STREET IMPROVEMENTS (PROJECT NO. 126775), AND MCFADDEN AVENUE: HARBOR TO FAIRVIEW (PROJECT NO. 126777) – Public Works Agency RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PROJECT LIST FOR USE OF PROPOSITION 1B FY 2009/10 2. Award a contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,049,000 for construction of the Lyon Street: Chestnut to First & Main/First Street Improvements (Project No. 126775), and McFadden Avenue: Harbor To Fairview (Project No. 126777). 3. Approve the Funding Analysis as follows: Construction Contract – $1,049,000; Contract Administration – $31,470; Inspection and Testing – $52,450; Survey Staking – $20,980; Contingencies – $104,900; for a total estimated construction cost of $1,258,800. 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 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, SETTING PUBLIC HEARING FOR DISESTABLISHMENT, AND ORDINANCE REPEALING PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (“PBID”) - Mayor Pro Tem Alvarez Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2, August 6, 2012, September 4, 2012 and October 1, 2012 City Council meetings. CITY COUNCIL AGENDA 11 OCTOBER 15, 2012 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 - MOTION: Adjourn Regular Meeting of the City Council to Monday, October 22, 2012 at 5:45 p.m. for a Regular Open Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Mary Muth FUTURE AGENDA ITEMS ? Street Car Project Update and Action items ? Discovery Science Center - Expansion approvals ? Update Citywide Classification and Compensation Plan CITY COUNCIL AGENDA 12 OCTOBER 15, 2012