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Home My WebLink About2012-10-15 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 15, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:23 p.m.) CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO SAL TINAJERO (5:20 p.m.) COUNCILMEMBERS Absent: MICHELE MARTINEZ STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:12 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) • Cheryl Yarnall vs. City of Santa Ana, - WCAB Case # ADJ6890350-1 ADJ6890544 • Mark Fernberq vs. City of Santa Ana, - WCAB Case # ADJ7044706; et al CITY COUNCIL MINUTES 1 OCTOBER 15, 2012 • Richard Strengberg vs the City of Santa Ana, - WCAB Case Nos. ADJ8292595; 4015427 and ANA96573 1B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) Property and Business Improvement District ("PBID")/Community Management District (CMD), Downtown Inc. 1C CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) In the Matter of Fred and Brenda Orgeron CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:46 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 OCTOBER 15, 2012 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:46 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE *MICHELE MARTINEZ (5:53 p.m. to 6:24 p.m VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION BOB BARLETT, POLICE CHAPLAIN CLOSED SESSION REPORT - See Item 19A. for Report. PUBLIC COMMENT - None *Pursuant to Government Code Section 54953(b), Councilmember Martinez participated in the meeting via teleconference from Cabo Azul Resort, Paseo Malecon S/N, Lote 11 Fonatur, San Jose del Cabo, Baja California Sur, Mexico 23400. Agenda for said meeting was posted at said location as required by the Brown Act. CITY COUNCIL MINUTES 3 OCTOBER 15, 2012 CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31B with the following modifications: • Mayor Pro Tern Alvarez pulled Agenda Item 11A for separate discussion; • At staff's request, continue consideration of Agenda Item 25B for 30 days; and • Addition of Closed Session Report (Agenda Item 19A). MOTION: Benavides SECOND: Sarmiento ROLL CALL VOTE: VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF OCTOBER 1, 2012 - Clerk of the Council Office MOTION: Approve Minutes. 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 11.1 THROUGH ARTICLE 11.111 TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE - City Manager's Office CITY COUNCIL MINUTES 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. Mayor Pro Tern Alvarez questioned why the ordinance was approved in two parts for first reading and now being considered as one item. Noted for the record that she was not in favor of sections 4 through 6 only because labor and business groups not considered. Councilmember Sarmiento would like status report in one year. Intent and spirit of the ordinance is to empower residents and provide instruments in which they can voice their opinion on projects impacting their neighborhood. Thanked Councilmember Tinajero for leading efforts to bring forth ordinance. Councilmembers Benavides and Martinez thanked residents for engagement in process; community empowered. Mayor Pulido opposed to only certain sections of the ordinance; opined that ordinance may have unintended consequences on development projects. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2838 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE 11.1 THROUGH ARTICLE 11.111 to CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE MOTION: Benavides ROLL CALL VOTE: SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4) NOES: Alvarez, Bustamante, Pulido (3) ABSTAIN: None (0) ABSENT: None (0) 11B ORDINANCE SECOND READING: ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE-FAMILY CITY COUNCIL MINUTES 5 OCTOBER 15, 2012 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. MOTION: Place ordinance on second reading and 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 MOTION: Receive and file Boards and Commissions Biannual Attendance Report. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve. Peebler vs. State of California Department of Finance, City of Santa Ana, et al., Case No. 34-2012-80001172-CU-WM-GDS - Petition for Writ of Mandate seeking that the South Main Settlement Agreement be determined an "Enforceable Obligation 19B EXCUSED ABSENCES - None 19C CANCELLATION OF THE NOVEMBER 5, 2012 CITY COUNCIL MEETING - Clerk of the Council Office MOTION: Direct the Clerk of the Council to post a 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. CITY COUNCIL MINUTES 6 OCTOBER 15, 2012 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING THE 2012 JUSTICE ASSISTANCE (JAG) - Police Department MOTION: 1. Approve an appropriation adjustment. (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. 1. 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 NO. 2012-214 - With the County of Orange, Sheriff's Department to transfer the 2012 Justice Assistance Grant Program funds in an amount of $102,764. 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 MOTION: 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 NO. 2012-215 - AMENDMENT - With the City of Tustin for reallocation of Transportation System Improvement Program area fees and bond proceeds CITY COUNCIL MINUTES 7 OCTOBER 15, 2012 2. Amend the Fiscal Year 2012/2013 Capital Improvement Program and approve 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 approve 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. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A and 2213) 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 CITY COUNCIL MINUTES 8 OCTOBER 15, 2012 PROJECTS/CHANGE ORDERS 23A CONTINGENCY INCREASE FOR BRISTOL-WARNER INTERSECTION (PROJECT NO. 091752) - Public Works Agency MOTION: Increase the contingency for the contract 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 MOTION: Authorize the City Manager and Clerk of 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 ENVIRONMENTAL SERVICES FOR A 24-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE - Planning and Building Agency • AGMT NO. 2012-216 - 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 NO. 2012-217 - 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 AMENDMENT - CIVIL ENGINEERING CONSULTANT SERVICES - At staff's recommendation, continue Consideration of matter for 30 days (November 19, 2012)- Public Works Agency 25C AGMT NO. 2012-218 - 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 NO. 2012-219 - MANAGED PRINT SERVICES - With C3 Office Solutions in an annual average amount of $240,000 for a three-year term, CITY COUNCIL MINUTES 9 OCTOBER 15, 2012 with an option for an additional three-year renewal - Finance & Management Services 25E AGMT NO. 2012-220 - 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 NO. 2012-221 - SETTLEMENT FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NON-GENERAL FUND) - With Enrique Santiago dba El Jalapenos Mexican Food, tenant of the property located at 1221 East First Street, Unit C (APN's 398-454-12 & 13), in an amount of $73,230 - Public Works Agency 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). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012-20 as conditioned. 31 B 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. MOTION: Receive and file the staff report approving Variance No. 2012-07 as conditioned. **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 10 OCTOBER 15, 2012 BUSINESS CALENDAR ITEMS RESOLUTION 55A PROPOSITION 113 - 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 MOTION: 1. Adopt a resolution. RESOLUTION NO. 2012-046 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PROJECT LIST FOR USE OF PROPOSITION 1 B 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. MOTION: Alvarez SECOND: Sarmiento ROLL CALL VOTE: VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Martinez terminated the teleconference at 6:24 p.m. CITY COUNCIL MINUTES 11 OCTOBER 15, 2012 Mayor Pulido declared a conflict of interest on Agenda Item 85A, left the dais and did not participate in the discussion of the matters (6:24 p.m.). Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. 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 Tern 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 Manager Walters indicated that mediator process has been recommended. Mayor Pro Tern requested fast track mediator selection and process; would like swift resolution; keep item on the Agenda to receive updates. CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING AT 6:34 P.M. AND RECONVENED AT 6:35 P.M. WITH SAME MEMBERS PRESENT COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Benavides: • October 20, 2012 will have several ribbon cutting events along the river trail including: 17th Street Triangle, Fairview Triangle and McFadden Triangle; invited all to the events, and • Urged all to shop in Santa Ana and support our local businesses. CITY COUNCIL MINUTES 12 OCTOBER 15, 2012 Councilmember Bustamante: • Reminded all to keep children safe on Halloween night. Mayor Pro Tern Alvarez: • Commended on Santiago Creek Bike Trail project; City held community meetings to receive public input on Bikeway Master Plan; information to be made available on-line; and Wished all Happy Halloween. Mayor Pulido: • Recommended Bike Trail Project move with caution since many property owners impacted; • Adjourn meeting in Memory of Mary Muth; • Urged all to exercise their right to vote on November 6tn ADJOURNMENT - 6:47 p.m. - The next meeting of the City Council is scheduled for Monday, November 19, 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 Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Mary Muth Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Update and Action items • Discovery Science Center - Expansion approvals • Update Citywide Classification and Compensation Plan CITY COUNCIL MINUTES 13 OCTOBER 15, 2012