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Home My WebLink About AGENDA_2013-07-15 City Council Meeting Agenda July 15, 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 Kevin O’RourkeMaria D. Huizar 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 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 JULY 15, 2013 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING JULY 15, 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 ROGER ARAGON, POLICE CHAPLAIN PRESENTATIONS CERTIFICATE OF RECOGNITIONCOUNCILMEMBER BENAVIDES presented by to Wesley Shih, Partner and Co-founder Wesley Chu from Sender One Climbing for opening a new facility in Santa Ana. CERTIFICATES OF RECOGNITIONINDEPENDENCE DAY CITY presented by COUNCIL ADHOC COMMITTEE MEMBERS REYNA, MARTINEZ, and BENAVIDES, to the 2013 Independence Day Celebration Sponsors - Northgate Market; Gay Neighbors, Families and Friends; Santa Ana Police Officer’s Association; AT&T; C&C Development; Waste Management; Santa Ana Republic Women Federated; and TNT Fireworks for their generous donations and to the Santa Ana Independence Day Celebration Committee for donating their time and support towards this worthwhile event. 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. CITY COUNCIL AGENDA 3 JULY 15, 2013 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 JULY 15, 2013 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 JULY 1, 2013 - 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 - AMENDMENT APPLICATION NO. 2013-02 TO REZONE MCFADDEN PLACE FROM LIGHT INDUSTRIAL (M-1) TO SPECIFIC DEVELOPMENT NO. 85 AT 1400-1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE – MAKENA PROPERTIES, APPLICANT - Planning and Building Agency Placed on first reading at the July 1, 2013 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on July 5, 2013. Place ordinance on second reading and RECOMMENDED ACTION: adopt. ORDINANCE NO. NS-2846 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1400-1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 85 (SD-85) (AA NO. 2013-02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 85 (SD-85) FOR SAID PROPERTY CITY COUNCIL AGENDA 5 JULY 15, 2013 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 19C DESTRUCTION OF OBSOLETE CITY RECORDS – Clerk of the Council Approve the request for the destruction RECOMMENDED ACTION: of obsolete records from Finance and Management Services Agency and Community Development Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT AND AGREEMENTS - DESIGN AND CONSTRUCTION OF NEW OCELOT EXHIBIT AT SANTA ANA ZOO AT PRENTICE PARK (PROJECT NO. 13-2636) - Parks, Recreation & Community Services and Public Works Agency RECOMMENDED ACTIONS: 1. Authorize the City Manager and Clerk of the Council to execute a funding agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT - With Friends of Santa Ana Zoo (FOSAZ) for the development of a new Ocelot Exhibit at the Santa Ana Zoo at Prentice Park 2. Authorize the City Manager and Clerk of the Council to execute a professional services agreement, subject to non-substantive changes approved by the City Manager and City Attorney AGMT - With ELM, Inc., for the development of contract documents for a new Ocelot Exhibit at the Santa Ana Zoo at Prentice Park 3. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL AGENDA 6 JULY 15, 2013 APPROPRIATION ADJUSTMENT NO. 2014-002 - Accepting $350,000 in donations from FOSAZ in the PRCSA Fees and Donations revenue account and appropriating same into the PRCSA Fees and Donations expenditure account for a new Ocelot Exhibit project at the Santa Ana Zoo at Prentice Park. 20B APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING - Police Department Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-004 - Recognizing $156,379 in Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to expenditure account. 20C APPROPRIATION ADJUSTMENT ACCEPTING SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS – Police Department Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-003 - Recognizing $442,268 in the Supplemental Law Enforcement Services Fund revenue account and appropriate same to expenditure account for overtime. 20D APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT AGREEMENT FUNDS FOR NEWPORT BAY TMDL COMPLIANCE - Public Works Agency Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-005 - Accepting funds from the County of Orange in the amount of $60,000 into the Federal Clean Water Protection Enterprise Fund and appropriating the same to the Federal Clean Water Protection Enterprise Fund for the Newport Bay compliance alternative feasibility report. TMDL CITY COUNCIL AGENDA 7 JULY 15, 2013 GRANTS/APPLICATIONS 21A AUTHORIZATION TO APPLY FOR FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANTS - Public Works Agency Authorize staff to submit grant RECOMMENDED ACTION: applications to the State of California Department of Transportation for consideration of federal Highway Safety Improvement Program funding. SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A through 22C) 22A SPEC. NO. 09-036 - TRANSPORTATION SERVICES FOR THE SENIOR CENTERS - Renew the contract with JFK Transportation Company for a one-year period in an annual amount not to exceed $50,000 (Parks, Recreation and Community Services) - Finance & Management Services Agency 22B SPEC. NO. 12-047 - TRAFFIC LINE PAINTING AND TRAFFIC SIGN MAINTENANCE - Renew the contract with Orange County Striping Service, Inc. for a one-year period in an amount not to exceed $400,275 (Public Works Agency) - Finance & Management Services Agency 22C SPEC. NO. 13-033 - HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE AND REPAIRS - Award a contract to Adelphia, Inc. dba Chandler’s Air Conditioning and Refrigeration for a one- year period with provisions for three one-year renewals in an annual amount not to exceed $90,000 - Finance & Management Services Agency PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD TO AEGIS ITS, INC., FOR TRAFFIC SIGNAL EQUIPMENT REPLACEMENT PHASE I (PROJECT NO. 10-6719) - Public Works Agency RECOMMENDED ACTION: 1. Award a contract to Aegis ITS, Inc., the lowest responsible bidder, in accordance with the unit bid prices in the amount not to exceed $150,000 for construction traffic signal equipment replacement – Phase I project. CITY COUNCIL AGENDA 8 JULY 15, 2013 2. Approve a Cost Analysis with a total estimated construction cost of $160,000. 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 25G) 25A AGMT - LANDSCAPE MAINTENANCE SERVICES IN DISTRICT FOUR PARK SITES - With Azteca Landscape for an 18 month term with four one-year renewal options in an amount of $1,174,926.06 with a 10% contingency for unanticipated work for a total amount not to exceed $1,292,418.67 - Parks, Recreation & Community Services Agency 25B AGMT – CLOSED CIRCUIT TELEVISION INSPECTION OF SANITARY SEWER SERVICES - With Houston & Harris PCS, Inc. in an amount not to exceed $400,000 for a term expiring June 30, 2014 and may be renewed for up to three additional one-year periods. - Public Works Agency 25C AGMTS - AMENDMENTS - ON-CALL ENGINEERING SERVICES FOR and WATER AND SEWER PROJECTS - With Tetra Tech, Inc., Psomas, Inc. for one-year terms in an amount not to exceed $200,000 for each firm. - Public Works Agency 25D AGMT - AMENDMENT - WATER SYSTEM PROGRAMMING AND ENGINEERING SERVICES - With CPC Powertec, Inc. for a two-year term, in an amount not to exceed $60,000 per year. - Public Works Agency 25E AGMT - AMENDMENTS - STORM DRAIN FACILITY CLEANING AND and SPILL RESPONSE - With United Storm Water, Inc., Ocean Blue Environmental Services, Inc., exercising the option to extend the term for a one-year period, providing funding in the amount of $250,000 annually, and assigning authority to the City Manager to exercise three remaining one-year options to extend. - Public Works Agency CITY COUNCIL AGENDA 9 JULY 15, 2013 25F AGMT - SETTLEMENT AGREEMENT FOR GRAND AVENUE WIDENING (PROJECT NO. 081732, NON-GENERAL FUND) (PROPERTY AT 1221 E. FIRST ST., UNIT A, APN 308-454-12 & 13) - With Western Dental Services, Inc. dba Western Dental in the amount of $90,105. - Public Works Agency 25G AGMT – STATE GOVERNMENT LIAISON SERVICES - With Townsend Public Affairs in an annual amount not to exceed $50,000 and term expiring June 30, 2014. - City Manager's Office LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2013-06 TO ALLOW EXTENDED BUSINESS HOURS FOR A 7-ELEVEN CONVENIENCE MARKET AT 5210 WEST FIRST STREET, SUITE A - RALPH DEPPISCH, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on June 24, 2013, by a vote of 5-0 (Alderete and Gartner absent). Receive and file the staff report RECOMMENDED ACTION: approving Conditional Use Permit No. 2013-06 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2013-14 - Finance & Management Services Agency Adopt a resolution. RECOMMENDED ACTION: CITY COUNCIL AGENDA 10 JULY 15, 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2013-2014 55B WORKFORCE INVESTMENT ACT TITLE I SUB-GRANT FOR PROGRAM YEAR 2013-2014 – Community Development Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT SUB-GRANT WITH THE STATE OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION PUBLIC HEARINGS 75A PUBLIC HEARING - ORDINANCE REGULATING ALCOHOL SALES AND ENTERTAINMENT – MODIFICATIONS TO CHAPTER 41 & 11 OF SAMC (ZOA NO. 2012-03) – Planning and Building Agency Recommended action approved by Planning Commission on November 26, 2012, by a vote of 4-2 (Alderete, Yrarrazaval opposed). Item continued from the December 3, 2012 Council meeting per staff request by a vote of 7-0; Continued from the February 4, 2013 Council meeting per direction from the Public Safety Council Committee; Council continued per staff’s request to a minimum of 90 days on March 4, 2013. Legal Notice published in the Orange County Reporter on July 5, 2013. RECOMMENDED ACTION: 1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 11 AND 41 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY’S REGULATION OF ENTERTAINMENT AND ALCOHOL PERMITS AND APPLICATION STANDARDS. CITY COUNCIL AGENDA 11 JULY 15, 2013 2. Rescind Planning Commission Resolution No. 89-7 which delegated authority to the Zoning Administrator to act on alcohol sales Conditional Use Permits. 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 PUBLIC ART ON UTILITY BOXES (MAYOR PULIDO) 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 - 1. This is 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. 2. ORAL REPORTS - CITY COUNCIL COMMITTEES Chair Committee Meeting Date Sarmiento * Development, Land Use & Transp. June 4, 2013 * Legislative Committee June 20, 2013 * Finance, Econ. Dev. & Technology June 24, 2013 Benavides * Public Safety June 18, 2013 Tinajero * Parks, Rec., Ed. & Youth (PREY) & Joint SAUSD June 10, 2013 * Code of Ethics and Conduct TBD 3. ORAL REPORTS - REGIONAL BOARDS: Representative Board * Pulido Orange County Transportation Authority (OCTA) * South Coast Air Quality Management District (AQMD) * Tinajero Orange County Fire Authority (OFCA) CITY COUNCIL AGENDA 12 JULY 15, 2013 * Benavides OC Sanitation District * Martinez Newport Bay Watershed Executive Committee * Orange County Council of Governments Board of Directors (OCCOG) * Southern California Association of Governments (SCAG) Transportation Corridor Agencies (TCA) * Sarmiento OC Water District * Santa Ana / Orange Transp. Systems Improvement Area * Santa Ana. /Tustin Transp. Systems Improvement Area ADJOURNMENT - The next meeting of the City Council is scheduled for Monday, August 5, 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 Locally Preferred Alignment • Ordinance Addressing Homeless Shelters as per Requirements in SB 2 • Public Hearing on Sexlinger Property • Adoption of Strategic Plan • Harbor Blvd. Mixed-Use Plan CITY COUNCIL AGENDA 13 JULY 15, 2013