HomeMy WebLinkAbout AGENDA_2013-01-22
City Council Meeting
Agenda
Tuesday, January 22, 2013
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
Sal TinajeroVincent F. Sarmiento
Mayor Pro Tem – Ward 6 Councilmember - Ward 1
Michele MartinezAngelica Amezcua
Councilmember - Ward 2 Councilmember - Ward 3
P. David Benavides Roman Reyna
Councilmember - Ward 4Councilmember - Ward 5
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 Thursday 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 JANUARY 22, 2013
CITY OF SANTA ANA
CITY COUNCIL REGULAR OPEN MEETING
JANUARY 22, 2013
REGULAR OPEN MEETING
5:45 p.m. (Immediately following the Closed
Session Meeting)
CALL TO ORDER
MAYOR PULIDO
COUNCILMEMBERS AMEZCUA,
BENAVIDES, MARTINEZ, REYNA,
TINAJERO, SARMIENTO
PLEDGE OF ALLEGIANCE
MAYOR PULIDO
INVOCATION
JERRY HILL, Police Chaplain
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 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.
CITY COUNCIL AGENDA 3 JANUARY 22, 2013
CONSENT CALENDAR
CONSENT CALENDAR
Approve staff recommendations on the
RECOMMENDED ACTION:
following Consent Calendar items: Items 10A through 25D.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE SPECIAL MEETING OF DECEMBER 21, 2012 -
Clerk of the Council Office
Approve Minutes.
RECOMMENDED ACTION:
10B MINUTES FROM THE SPECIAL CLOSED MEETING OF DECEMBER
27, 2012 - Clerk of the Council Office
Approve Minutes.
RECOMMENDED ACTION:
10C MINUTES FROM THE REGULAR MEETING OF JANUARY 7, 2013 -
Clerk of the Council Office
Approve Minutes.
RECOMMENDED ACTION:
BOARDS / COMMISSIONS / COMMITTEES
13B NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1
REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSION FOR
A FULL TERM EXPIRING DECEMBER, 2016 – Clerk of the Council
Reappoint.
RECOMMENDED ACTION:
Name Board/Commission
1. Laurence Hitterdale Historic Resources Commission
2. Salvador Nicholas Tinajero, Jr. Youth Commission – Associate
3. Maria Isabel Rivera Personnel Board
4. Elizabeth S. Castelan Youth Commission - Alternate
CITY COUNCIL AGENDA 4 JANUARY 22, 2013
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
19B EXCUSED ABSENCES - Clerk of the Council Office
19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY
MANAGER - Finance & Management Services
Receive and file the Quarterly Report of
RECOMMENDED ACTION:
Contracts entered into between July 1, 2012 to September 30, 2012
valued at $25,000 and less.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A AGREEMENT AND APPROPRIATION ADJUSTMENT ACCEPTING
REIMBURSEMENT FROM COUNTY OF ORANGE FOR POST
RELEASE COMMUNITY SUPERVISION – Police Department
RECOMMENDED ACTIONS:
1.
AGMT - Authorize the Chief of Police to sign the Memorandum of
Understanding between the City of Santa Ana and the County of
Orange for Public Safety Realignment and Post release Community
Supervision cost reimbursement.
2. Approve an appropriation adjustment.
(Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-76 for reimbursement
costs from the County of Orange in the amount of $408,974.66 into the
revenue account and appropriate same into the expenditure account.
20B AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR
CARNIVALS AT CITY OWNED PARKS - Parks, Recreation & Community
Services Agency
RECOMMENDED ACTIONS:
CITY COUNCIL AGENDA 5 JANUARY 22, 2013
1. Authorize the City Manager and Clerk of the Council to execute
agreements subject to non-substantive changes approved by the
City Manager and City Attorney:
?
AGMT - AMENDMENT - With Fiesta de Carnival in an amount of
$22,500 for a one-year term,
?
AGMT - AMENDMENT - With “O” Entertainment in an amount of
$15,250 for a one-year term,
?
AGMT - AMENDMENT - With Robert Acosta & Associates in an
amount of $4,500 for a one-year term.
2. Approve an appropriation adjustment.
(Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-77 - recognizing
projected carnival revenue in the amount of $42,250 in the Recreation
Special Fees and Donations revenue account and appropriate funds to
the Recreation Special Fees and Donations expenditure account.
20C AGREEMENT AND APPROPRIATION ADJUSTMENT FOR UPDATING
THE STORM DRAIN MASTER PLAN - Public Works Agency
RECOMMENDED ACTIONS:
1. AGMT - Authorize the City Manager and the Clerk of the City
Council to execute an agreementwith RBF Consulting in an
amount not to exceed $384,900, subject to non-substantive
changes approved by the City Manager and City Attorney.
2.Approve an appropriation adjustment.
(Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-82 recognizing $71,325
in current year funds received from fees collected and interest earned
in the Local Drainage Area Fund revenue accounts and appropriating
same into the respective Local Drainage Area Fund expenditure
accounts.
20D AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR LED
STREET LIGHTS (NO-COST FUNDING) - Public Works Agency
1. 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:
CITY COUNCIL AGENDA 6 JANUARY 22, 2013
?
AGMT - With Sierra Pacific Electrical Contracting to provide and
install 1,123 LED street lights for an amount not to exceed
$700,000
?
AGMT - Southern California Edison to provide no-cost funding
through On-Bill Financing for the LED street lights
2. Approve an appropriation adjustment.
(Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-075 - recognizing
$693,027 in funding from Southern California Edison into the Energy
Conservation revenue account and appropriating the same amount to
the Energy Conservation expenditure account for the installation of
LED street lights.
20E CONTRACT AWARD TO ALL AMERICAN ASPHALT FOR BRISTOL
STREET WIDENING FROM 2ND TO 10TH STREETS AND WATER AND
RD
SEWER MAIN IMPROVEMENTS FROM 3 TO 10TH STREETS
(PROJECT NOS. 081700, 126421 & 126422 ) AND APPROPRIATION
ADJUSTMENT - Public Works Agency
RECOMMENDED ACTIONS:
1. Award a construction contract to the lowest bidder, All American
Asphalt, Inc., for the Bristol Street widening from 2nd to 10th
Streets, and for the water and sewer system improvements from
3rd to 10th Streets, in accordance with their bid in the amount of
$6,169,256.
2. Approve the Cost Analysis, as shown in Exhibit 1, for a total
estimated project delivery cost of $7,711,582.
3. Approve an appropriation adjustment.
(Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2013-081 - Accepting Orange
County Transportation Authority Comprehensive Transportation
Funding Programs Measure M2 Arterial Capacity Enhancements
allocation in the amount of $3,120,000 into the Measure M Street
Construction revenue account and appropriating the same to the
Measure M2 Street Construction expenditure account. Also, accepting
Orange County Transportation Authority Prop 1B Bond funding in the
amount of $3,120,000 into the Prop 1B Bond revenue account and
appropriating the same to the Prop 1B Bond expenditure account, for
the Bristol Street Widening Project (No. 08-1700).
CITY COUNCIL AGENDA 7 JANUARY 22, 2013
SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES
Award in accordance with Request for
RECOMMENDED ACTION:
Council Action. (Items 22A and 22B)
22A SPEC. NO. 12-076 - WASH AND FILL SAND - Award a contract to West
Coast Sand and Gravel, Inc. for a one-year period, with provisions for four
one-year renewals, in an annual amount not to exceed $50,000 (Public
Works Agency) - Finance & Management Services
22B SPEC NO. 09-001 & 09-035 - COLD WATER METERS - Renew the
contract with Badger Meter, Inc. for a one-year period in an amount not to
exceed $300,000 (Public Works Agency) - Finance & Management
Services
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD TO SIEMENS INDUSTRY, INC., FOR TRAFFIC
SIGNAL INSTALLATION AT FAIRVIEW STREET & EDNA DRIVE, AND
TRAFFIC SIGNAL MODIFICATIONS AT MCFADDEN AVENUE &
EUCLID STREET (PROJECT NOS. 126758 AND 126759) - Public Works
Agency
RECOMMENDED ACTIONS:
1. Award a contract to the lowest responsible bidder, Siemens
Industry, Inc., in accordance with the Base Bid plus Add Alternate
A, in the total of $530,215.25, for the installation of a traffic signal
at Fairview Street and Edna Drive, and traffic signal modifications
at McFadden Avenue and Euclid Street.
2. Approve the Cost and Funding Analysis as shown in Exhibit 1 for
a total estimated project delivery cost of $662,700.
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 25D)
CITY COUNCIL AGENDA 8 JANUARY 22, 2013
25A AGMT - PLANNING AND ENVIRONMENTAL SERVICES FOR THE
GENERAL PLAN HOUSING ELEMENT UPDATE - With The Planning
Center/DC & E in an amount not to exceed $141,330 - Planning and
Building Agency and Community Development Agency
25B AGMT - ANNUAL MAINTENANCE AND ON-CALL SERVICES FOR THE
CITY’S TRAFFIC SIGNAL SYSTEM - With Telvent USA, LLC, in an
amount of $70,000 annually with the option to extend for two one-year
contracts - Public Works Agency
25C AGMT – PURCHASE EASEMENT FOR CITY-OWNED SANITARY
SEWER FACILITIES WITHIN ORANGE COUNTY FLOOD CONTROL
DISTRICT RIGHT-OF-WAY - With the Orange County Flood Control
District - Public Works Agency
25D IMPLEMENTATION OF REGIONAL TRAFFIC SIGNAL
SYNCHRONIZATION PROJECTS (136789 AND 136790) - Public Works
Agency
?
AGMT – COOPERATIVE NO. C-2-1992 - With the Orange County
Transportation Authority
?
AGMT – COOPERATIVE NO. C-2-2030 - With the Orange County
Transportation Authority
**END OF CONSENT CALENDAR**
CITY COUNCIL AGENDA 9 JANUARY 22, 2013
BUSINESS CALENDAR
BUSINESS CALENDAR
ORDINANCES/FIRST READING
50A ORDINANCE TO REPEAL ARTICLE XX DISESTABLISHING THE
DOWNTOWN COMMUNITY MANAGEMENT DISTRICT AND
DIRECTION REGARDING REACTIVATION OF DOWNTOWN BID – City
Manager’s Office
:
RECOMMENDED ACTIONS
1. Place ordinance on first reading and authorize publication of title.
AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING
ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL
CODE RELATING TO COMMUNITY MANAGEMENT DISTRICTS
2. Direct staff to undertake activities to allow consideration of
reactivation of the Downtown Santa Ana Business Improvement
District (BID).
RESOLUTIONS
55A RESTRUCTURE CITY COUNCIL COMMITTEES AND APPOINT
MEMBERS - Clerk of the Council Office
RECOMMENDED ACTIONS:
Approve the Ad Hoc Committee’s (Councilmembers Martinez and
1.
Sarmiento) recommendation to consolidate the City Council
Committees and establish the following five:
?
Development and Transportation Committee
?
Public Safety and Neighborhood Improvement Committee
?
Parks, Recreation, Education & Youth (PREY) Committee; and
Joint Santa Ana Unified School District /City Council Committee
?
Code of Ethics and Conduct Committee
?
Finance, Economic Development and Technology Committee
Adopt a resolution restructuring the City Council Committees and
2.
amending the appointing authority.
CITY COUNCIL AGENDA 10 JANUARY 22, 2013
Approve the Ad Hoc Committee’s recommendation to appoint the
3.
following members:
?
Development and Transportation Committee
?
Benavides, Sarmiento, Martinez
*Pulido requested consideration of appointment to the
Development and Transportation Committee
?
Public Safety and Neighborhood Improvement Committee
?
Benavides, Martinez, Reyna
?
Parks, Recreation, Education & Youth (PREY) Committee; and
Joint Santa Ana Unified School District /City Council Committee
?
Amezcua, Reyna, Tinajero
?
Code of Ethics and Conduct Committee
?
Tinajero and Amezcua
?
Finance, Economic Development and Technology Committee
?
Sarmiento, Martinez, Benavides
PUBLIC HEARINGS
75A PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION
OF REAL PROPERTY FOR GRAND AVENUE WIDENING
PROPERTIES LOCATED WITHIN THE CITY OF SANTA ANA, 202-218
NORTH GRAND AVENUE (APN 398-453-05) AND 1214 EAST THIRD
STREET (APN 398-453-05); (PROJECT NO. 081732 NONGENERAL
FUND) - Public Works Agency
Notice of Hearing letter regarding acquisition of real property by eminent
domain mailed to property owners on December 19, 2012.
Item continued from the January 7, 2013 City Council Meeting.
Adopt a resolution.
RECOMMENDED ACTION:(Requires a two-
thirds vote.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
FINDING AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTIES LOCATED WITHIN THE CITY OF SANTA
rd
ANA LOCATED AT 202-218 N. GRAND AVENUE AND 1214 E. 3
STREET (APN 398-453-05 AND 398-453-06)
75B PUBLIC HEARING – RESOLUTION AUTHORIZING CONDEMNATION
OF BILLBOARD AND REAL PROPERTY FOR GRAND AVENUE
WIDENING (PROJECT NO. 081732, NON-GENERAL FUND) - Public
Works Agency
CITY COUNCIL AGENDA 11 JANUARY 22, 2013
Notice of Hearing letter regarding acquisition of property (“Billboards”) and
real property by eminent domain mailed to property owners on January 7,
2013.
Adopt a resolution.
RECOMMENDED ACTION:(Requires a two-
thirds vote.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
FINDING AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA
ANA LOCATED AT 1221 E. THIRD STREET (APN 398-385-05) AND
OUTDOOR POSTER PANEL (FACE # 004517 & 004518) LOCATED AT
1221 E. THIRD STREET
75C PUBLIC HEARING – RESOLUTION AUTHORIZING CONDEMNATION
OF BILLBOARD FOR GRAND AVENUE WIDENING (PROJECT NO.
081732, NON-GENERAL FUND) - Public Works Agency
Notice of Hearing letter regarding acquisition of property (“Billboards”) by
eminent domain mailed to property owners on January 7, 2013.
Adopt a resolution.
RECOMMENDED ACTION:(Requires a two-
thirds vote.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
FINDING AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
OUTDOOR POSTER PANEL (FACE # 004519 & 005865) LOCATED
WITHIN THE CITY OF SANTA ANA AT 119 N. GRAND AVENUE
75D PUBLIC HEARING - BUSINESS LICENSE TAX PENALTY ABATEMENT
ORDINANCE - Finance & Management Services
Legal Notice published in the Orange County Register on January 13,
2013.
: Place ordinance on first reading and
RECOMMENDED ACTION
authorize publication of title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA ESTABLISHING A BUSINESS LICENSE TAX PENALTY
ABATEMENT PROCEDURE AND AMENDING SECTIONS 21-3, 21-12,
21-16, 21-25, 21-41, 21-43, 21-44, 21-60, 21-64, 21-83, 21-85, 21-100,
21-115, 21-122, 21-123, 21-124, 21-125 RELATING TO
CITY COUNCIL AGENDA 12 JANUARY 22, 2013
ADMINISTRATIVE PROVISIONS OF CHAPTER 21, THE BUSINESS
LICENSE TAX CODE, AND ADDING SECTIONS 21-93.1 RELATING TO
ENFORCEMENT AND COLLECTION AND SECTION 21-118.1
RELATING TO DEPOSIT ADJUSTMENT AND SECTIONS 21-119.1,
RELATING TO LIMITED LIABILITY OF HOLDING COMPANIES AND
PASS-THROUGH ENTITIES AND SECTIONS 21-119.2 AND 21-119.3
AND 21-120h ESTABLISHING AN ALTERNATIVE ELECTIVE FLAT
RATE BUSINESS LICENSE TAX ASSESSMENT FOR HOME-BASED
BUSINESSES
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 - AB1234 Disclosure: This is also
the time for members of the Council to provide a brief oral report on any
conference, meeting or travel paid for by the City. If more than one
Councilmember attended the same event, the Mayor may designate one
attendee to give the report.
ADJOURNMENT
- The next meeting of the City Council is scheduled for Monday,
February 4, 2013 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.
FUTURE AGENDA ITEMS
?
Street Car Project Update and Action items
?
Update Citywide Classification and Compensation Plan
?
Ordinance Addressing Homeless Shelters as per Requirements in SB 2
?
Contracting Agreement for Specified Police Support Services
CITY COUNCIL AGENDA 13 JANUARY 22, 2013