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HomeMy WebLinkAboutAGENDA 080706 REVISED REVISED 08/04/06 City of Santa Ana Council Meeting Agenda AUGUST 7, 2006 6:00 p.m. CITY COUNCIL CHAMBERS 22 Civic Center Plaza Miguel A. Pulido Mayor Lisa Bist Alberta D. Christy Mayor Pro Tem - Ward 2 Councilmember - Ward 4 Jose SolorioClaudia C. Alvarez Councilmember - Ward 1 Councilmember - Ward 5 Carlos Bustamante Mike Garcia Councilmember - Ward 3Councilmember - Ward 6 Joseph W. FletcherDavid N. ReamPatricia E. Healy City Attorney City Manager Clerk of the Council AGENDA INDEX PAGE Consent Calendar..............................................................................................................................................................................3-11 Business Calendar...........................................................................................................................................................................12-14 Public Hearings.....................................................................................................................................................................................14 Community Redevelopment Agency Meeting ..................................................................................................................Green Agenda Housing Authority Meeting ..................................................................................................................................................Blue Agenda Public Comments..................................................................................................................................................................................14 Council Comments ..........................................................................................................................................................................14-15 NOTE: If you need special assistance to participate in this Council meeting, contact, Mary Kelley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102.) American Disabilities Act Title II) BASIC CITY COUNCIL MEETING INFORMATION AGENDA DESCRIPTIONS The Agenda descriptions provide the public with a general summary of the items of business to be Recommended Action considered by the Council. The Council is not limited in any way by the 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 appearing on the agenda. All supporting documentation for this Agenda is available for public review in the Clerk of the Council Office 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, and will be available for viewing in the Council Chambers during the meeting. PUBLIC INPUT An opportunity for the public to address the Council on agenda items will be provided before or during consideration of the item. Members of the public who wish to speak on any item on the agenda are requested to complete a speaker card for each item to be addressed, and present the completed card(s) to the Clerk of the Council. Requests to speak on multiple items may be combined at the discretion of the City Council. Speaker forms are available on the speaker’s podium and Chamber Lobby. The Council will also provide an opportunity for the public to speak on items of general interest within the subject matter jurisdiction of the Council and all related agencies. The Council and agencies may convene in joint session to receive public comments on matters within the jurisdiction of any such governing bodies. To speak on non-agenda matters, check the Public Comments box on the speaker form. When speaking, please state your name and address. Limit your remarks to three (3) minutes on each agenda item. When any group desires to address the City Council, the Council may request that its members agree on a spokesperson to make the presentation. The number of speakers and allotted time may be limited at the discretion of the City Council. 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. A member of the Council may “pull” any item from the Consent Calendar for a separate vote. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the Clerk of the Council, in which case the item will also be “pulled” from the Consent Calendar. TELEVISED MEETING SCHEDULE Regular City Council meetings held in the Council Chamber are televised live on CTV3 Santa Ana Adelphia Cable and cablecast Mondays at 6:00 p.m., Tuesdays immediately following the Council Meeting at 9:30 a.m., Wednesdays at 6:30 p.m., and Sundays at 1:00 p.m. Three (3) videotape copies of the Council meeting cable broadcast are available for public circulation at the Santa Ana Main Library the day after the Council meeting AGENDA & MINUTES ON INTERNET City Council Meeting Agendas and Minutes are available the Friday before a Council meeting at the following website address: www.ci.santa-ana.ca.us CITY COUNCIL AGENDA 2AUGUST 7, 2006 CLOSED SESSION City Hall, Room 831 th 20 Civic Center Plaza, 8 Floor 5:30 p.m. REGULAR MEETING AUGUST 7, 2006 CALL TO ORDER MAYOR PULIDO Councilmembers ALVAREZ, BIST, BUSTAMANTE, CHRISTY, GARCIA, SOLORIO City Manager, City Attorney, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Roger Aragon,Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Mark D. Sowder Firefighter, Fire Department PRESENTATIONS ProclamationCOUNCILMEMBER SOLORIO presented by to Nexus Companies on the th occasion of their 25 Anniversary Certificates of Recognition COUNCILMEMBERS GARCIASOLORIO presented by AND to the Santa Ana River Task Force members for their great efforts in enhancing the land space along the Santa Ana River Certificate of Recognition COUNCILMEMBER GARCIA presented byto Thomas Gordon for his efforts in combating graffiti in the City CITY COUNCIL AGENDA 3AUGUST 7, 2006 REVISED 08/04/06 PRESENTATIONS Certificate of Recognition COUNCILMEMBER BUSTAMANTE presented by to John and Linda Schulte for their great efforts in having Floral Park Neighborhood highlighted on the “On the Road with Garth Kemp” segment Certificate of Recognition COUNCILMEMBER ALVAREZ presented by to Target for their generous donation to the City of Santa Ana Parks, Recreation and Community Services Department and Police Department Certificateof RecognitionCOUNCILMEMBER ALVAREZ presented by to Dayle nd McIntosh Center on the occasion of their 2 Annual Walk and Roll event and the 16th Anniversary of the Signing of the Americans with Disability Act (ADA) CONSENTCALENDAR CONSENTCALENDAR Recommended Action: Approve staff recommendations on the following Consent Calendar items. ADMINISTRATIVE MATTERS MINUTES Recommended Action: Approve minutes. (Item 10.A. - 10.B.) 10.A. ADJOURNED REGULAR MEETING OF JULY 17, 2006 10.B. REGULAR MEETING OF JULY 17, 2006 ORDINANCES / SECOND READING 11.A. ORDINANCE AMENDING SECTIONS 17-70, 1-18.2 AND 10-178 AND ADDING SECTION 41-638.2 OF THE MUNICIPAL CODE RELATING TO ANTI-GRAFFITI MEASURES Placed on first reading at the July 17, 2006 Council Meeting and approved by a 7-0 vote Published in the Orange County Reporter on July 21, 2006 Recommended Action: CITY COUNCIL AGENDA 4AUGUST 7, 2006 CONSENT CALENDAR Place ordinance on second reading and adopt. ORDINANCE NO. NS-2720 - An ordinance of the City Council of the City of Santa Ana amending Section 17-70 and adding Sections 17-70.1 through 17- 17.2 to the Santa Ana Municipal Code, amending Sections 1-18.2 10-178, and adding Section 41-638.2, all related to anti-graffiti measure 11.B. ORDINANCE AMENDING UTILITY USERS’ TAX DUE TO CHANGE IN INTERNAL REVENUE SERVICE INTERPRETATION OF FEDERAL LAW Placed on first reading at the July 17, 2006 Council Meeting and approved by a 7-0 vote Published in the Orange County Reporter on July 21, 2006 Recommended Action: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2721 - An ordinance of the City Council of the City of Santa Ana amending Sections 35-153(n) and 35-155 of the Santa Ana Municipal Code making certain technical modifications to the Utility Users Tax on telephone services due to changes in interpretation of Federal Law BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT – AUGUST 2, 2006 Recommended Action: The Vacancy Report reflects only appointments made by the Council. BOARD/COMMISSIONVACANCIESWARD Community Redevelopment / 1Tenant Housing Commission Environmental & Transportation 3SantaAna CommitteeChamber, Wards 1 & 5 Youth Commission - Regular 6Mayor, 1, 3, 4, 5 & 6 Youth Commission - Alternate 4Mayor, 2, 3, & 6 Planning Commission11 TOTAL 15 CITY COUNCIL AGENDA 5AUGUST 7, 2006 REVISED 08/04/06 CONSENT CALENDAR BOARD/COMMISSIONEXPIREDWARD TERMS Community Redevelopment / 1Mayor Housing Commission Personnel Board 1Mayor TOTAL 2 13.B. APPOINTMENT Appoint Dr. Ana Jimenez-Hami to the Santa Ana Workforce Investment Board as the Youth Community Based representative for a full term. 13.C. APPOINTMENT Appoint Colby E. Johnson to the Youth Commission (Regular) as the Mayoral representative for a full term. (Replaces B. Johnson) 13.D. APPOINTMENT Appoint David Benavides to the Planning Commission, recommended by Councilmember Solorio as the Ward 1 representative for a term expiring on November 30, 2008. (Replacing R. Rodriguez) 13.E. APPOINTMENT Appoint Fortino Rivera to the Environmental & Transportation Committee, recommended by Councilmember Solorio as the Ward 1 representative for a term expiring on November 30, 2008. (Replacing D. Reyes) 13.F. APPOINTMENT Appoint Desi Reyes to the Environmental & Transportation Committee, recommended by the Santa Ana Chamber of Commerce as their representative for a term expiring on November 30, 2006. CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the Brown Act and the Maddy Act. Council Agendas and Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza and Committee Agendas on the door of City Hall at 20 Civic Center Plaza. Recommended Action: CITY COUNCIL AGENDA 6AUGUST 7, 2006 CONSENT CALENDAR Instruct Clerk to enter postings into the Minutes. (Items 15.A. through 15. E.) Council Meeting Agendas Meeting Date Posted Time 15.A. City Council Agenda 07/17/06 07/13/06 10:00 a.m. 15.B. Revised City Council Agenda 07/17/06 07/14/06 4:50 p.m. 15.C. City Council–Adjourned Regular 07/17/06 07/14/06 4:50 p.m. Boards/Commission Resignations Effective Posted Time 15.D. Rigoberto Rodriguez, Planning Commission 07/17/06 07/17/06 2:25 p.m. 15.E. Desi Reyes, Environmental Transportation Advisory Committee 07/20/06 07/20/06 11:20 a.m. MAYORAL PROCLAMATIONS / CERTIFICATES Recommended Action: Declare and instruct clerk to enter proclamations/certificates into the Minutes. (Items 16.A. through 16.J.) HonoreeDate th 16.A. Public Law Center-25Anniversary 7/20/06 16.B WISEPlace Program-Volunteer Recognitions 7/24/06 16.C. James “Ken” Woodworth-Kiwanis Member 7/26/06 16.D. Dr. Al Mijares-Outstanding Contributions to the Santa Unified School District 7/27/06 th 16.E. Dr. Barbara McCoo Lewis- President, 40 Annual Women’s Convention 7/28/06 nd 16.F. CSUF Disabled Student Center-2 Annual Walk And Roll Event 7/29/06 nd 16.G. G. Dayle McIntosh Center-2 Annual Walk And Roll Event 7/29/06 16.H. Scholarship recipients-“Why Voting is Important” 7/30/06 16.I. Sergio Contreras-President of KinderCaminata 8/01/06 16.J.. Participants of the Orange County Bar Foundation 2006 Project Summer Employment in Law Firms (SELF) 8/02/06 MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT (The City Attorney will report items to be considered from the 5:30 p.m. Closed Session) CITY COUNCIL AGENDA 7AUGUST 7, 2006 CONSENT CALENDAR 19.B. EXCUSED ABSENCES 19.C QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2006 – FINANCE & MANAGEMENT SERVICES AGENCY Recommended Action: Receive and file report BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20.A. FISCAL YEAR 2005-2006 APPROPRIATION YEAR-END ADJUSTMENT Recommended Action: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 06-155 – Recognizing fiscal year 2005-2006 net revenues of $2,058,765 in the various Redevelopment Project Area funds, $5,007,620 in the Housing Set-Aside Funds, $200,000 in the Regional Transportation Fund, and $175,000 in the Downtown Maintenance Fund SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Recommended Action: Award in accordance with Requests for Council Action. (Items 22.A. through 22.E.) 22.A. SPEC. NO. 05-044 – TEMPORARY PERSONNEL SERVICES – PERSONNEL SERVICES – Renew the contracts for a one-year period in the aggregate amount not to exceed $190,000 with the following: Abigail Abbott Staffing Seravices Inc. APR Consulting Inc. Devon & Devon Career Professionals Coneybeare, Inc. Howroyd Wright Employment Agency, Inc. Focus on Temps, Inc. d/b/a AppleOne Employment Services PDQ Personnel Services Inc. Kimco Staffing Services Venturi Staffing Partners CITY COUNCIL AGENDA 8AUGUST 7, 2006 CONSENT CALENDAR 22.B. SPEC. NO. 06-086 – CONCRETE REPLACEMENT – PARKS, RECREATION & COMMUNITY SERVICES AGENCY – Award a contract to Thomco Construction, Inc., in the amount not to exceed $61,660 – Finance & Management Services Agency 22.C. SPEC. NO. 06-087 – ASPHALT REPAIR – LIBRARY – Award a contract to Hardy & Harper, Inc., in the amount not to exceed $50,600 - Finance & Management Services Agency 22.D. SPEC. NOS. 06-101 AND 06-103 – ASPHALT AND STREET MAINTENANCE AND POTHOLE REPAIR - PUBLIC WORKS AGENCY 1. Award a contract to Hardy and Harper, Inc. for asphalt pothole repairs for a one-year period, with provision for three one-year renewals, in the annual amount not to exceed $300,000 2. Award a contract to Hardy and Harper, Inc. for asphalt street maintenance for a one-year period, with provision for three one-year renewals, in the annual amount not to exceed $566,900 22.E. SPEC. NO. 06-102 – SIDEWALK MAINTENANCE – PUBLIC WORKS AGENCY – Award a contract to Channel Islands Sawing for a one-year period, with provision for three, one-year renewals in the annual amount not to exceed $25,000 - Finance & Management Services Agency PROJECTS 23.A.CONTRACT AWARD FOR BRISTOL STREET STORM DRAIN FROM MCFADDEN AVENUE TO PINE STREET (PROJECT NO. 06-1500A) Recommended Action: 1. Award a contract to Dominguez General Engineering Contractor, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,579,175 for construction of a storm drain on Bristol Street between McFadden Avenue and Pine Street. 2. Approve a Funding Analysis with a total estimated construction cost of $1,974,700. 23.B.CONTRACT AWARD FOR MAIN STREET REHABILITATION FROM EIGHTEENTH STREET TO BUFFALO AVENUE (PROJECT NOS. 06-1023 AND 06-1022) Recommended Action: CITY COUNCIL AGENDA 9AUGUST 7, 2006 CONSENT CALENDAR Award a contract to All American Asphalt, the lowest responsible 1. bidder, in accordance with unit bid prices in the estimated amount of $742,742 for Main Street Rehabilitation from Eighteenth Street to Buffalo Avenue. Approve a Funding Analysis with a total estimated construction cost 2. of $928,400 Approve an Appropriation Adjustment. 3.(Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO.07-009 - Accepting funds in the amount of $70,000 into the Select Street Construction Fund and appropriating funds to the Select Street Construction Fund AGREEMENTS Recommended Action: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.J.) 25.A. AGMT - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006- 01 – With Glenn William Robertson and Jane Adair Robertson for the property located at 2419 N. Bonnie Brae (D.R. Ball House) – Planning & Building Agency 25.B. AGMT - MEDIA MARKETING SERVICES – Execute an amendment to the agreement with Maricich & Associates, Incorporated, in the amount of $4,135.03 for a total amount of $103,695.03 – Public Works Agency 25.C. AGMT - MEDIAN MAINTENANCE SERVICES – With Midori Gardens for three years, with two optional one-year extensions in an annual amount not to exceed $550,000 - Public Works Agency 25.D. AGMTS - PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) AGMT – With Clarence and Lisa Hughes for the purchase of 314 S. Bristol Street in the amount of $620,000; AGMT – With Alejandro Serrano for the purchase of 410 S. Bristol Street in the amount of $620,000; CITY COUNCIL AGENDA 10 AUGUST 7, 2006 CONSENT CALENDAR AGMT – With Virginia MacKenzie and David MacKenzie for the purchase of 414 S. Bristol Street in the amount of $600,000; AGMT – With Gerard and Mayra Leyva for the purchase of 318 S. Bristol Street in the amount of $615,000; AGMT – With Ruben Arellano for the purchase of 1243 W. Richland Avenue in the amount of $585,000; AGMT – With Mary Schneider for the purchase of 306 S. Bristol Street in the amount of $620,000; AGMT – With Manual Duarte for the purchase of 1246 Highland Avenue in the amount of $600,000 25.E. AGMT - HVAC SYSTEM MAINTENANCE – With Johnson Control for a one year period, with provision for two, one-year renewals in the amount not to exceed $87,712 – Police Department 25.F.AGMT - BUILDING PLAN CHECK SERVICES AND APPROPRIATION ADJUSTMENTS Recommended Action: Direct the City Attorney to prepare and authorize the City Manager and 1. Clerk of the Council to execute agreements. AGMT - With Robert Tyler; Scott Fazekas and Associates, Inc.; Tmad, Taylor & Gaines; and NYA Consulting Structural Engineers in an aggregate total amount not to exceed $500,000 – Planning & Building Agency Approve appropriation adjustments. 2. (Requires five affirmative votes) APPROPRIATION ADJUSTMENTS - Recognizing aggregate total amounts not to exceed $500,000 in the 2006-2007 FY revenue account for building plan check and appropriating various amounts not to exceed $500,000 to the Planning and Building Agency 2006-2007 FY budget allocation in the account for contractual services for payments to the consultants contracted to complete building plan checks of various projects. 25.G. AGMT - UASI PUBLIC EDUCATION CAMPAIGN - With Allison & Partners in an amount not to exceed $180,000 - Police Department CITY COUNCIL AGENDA 11 AUGUST 7, 2006 REVISED 08/04/06 CONSENT CALENDAR 25.H. AGMT - LEGAL SERVICES - Execute an amendment to the agreement with Stephan, Oringher, Richman & Theodora, P.C., to increase the hourly fee for services – City Attorney’s Office 25.I. AGMT - EDUCATION FOR JAIL TESTING SERVICES – Renew the agreement with the Orange County Department of Education in an annual amount not to exceed $30,000 – Police Department 25.J. AGMT - CONSULTING SERVICES AND TRAINING SERVICES - With General Learning Climates, Inc., in an amount not to exceed $60,000 - Public Works Agency and Police Department *** END OF CONSENT CALENDAR *** BUSINESSCALENDAR BUSINESSCALENDAR ORDINANCES / FIRST READING 50.A. 800MHz COUNTYWIDE COORDINATED COMMUNICATION SYSTEM Recommended Action: Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana adding Sections 14-4 through 14-4.6 to Chapter 14 of the Santa Ana Municipal Code regarding public safety radio system coverage 50.B URGENCY ORDINANCE AMENDING UTILITY USERS’ TAX DUE TO CHANGE IN INTERNAL REVENUE SERVICE INTERPRETATION OF FEDERAL LAW. Recommended Action: Adopt Ordinance. (Requires five affirmative votes) ORDINANCE – An urgency ordinance of the City Council of the City of Santa Ana amending sections 35-153(n) and 35-155 of the Santa Ana Municipal Code making certain technical modifications to the Utility Users Tax on telephone services due to changes in interpretation of federal law. CITY COUNCIL AGENDA 12 AUGUST 7, 2006 BUSINESS CALENDAR RESOLUTIONS 55.A. AMENDED BALLOT TITLE RESOLUTION FOR NOVEMBER 7, 2006 SPECIAL MUNICIPAL ELECTION RELATING TO AMENDMENT TO CITY CHARTER SECTION 401 Recommended Action: Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana amending Resolution No. 2006-041 setting forth the language of ballot titles for City Charter amendments to be included on the ballot for the 2006 General Election 55.B. PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO CREATE PAY ADDITIVES FOR POLICE FORENSICS EMPLOYEES Recommended Action: Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana to amend Resolution No. 82-110 to amend the City’s Basic Classification and Compensation Plan to add special pay provisions for the classification titles of Forensic Specialist I and Forensic Specialist II REPORTS 65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT - CITY MANAGER The City Manager will provide an update on developments related to the Fourth District Court of Appeal. The Council may be requested to take actions on the matter. 65.B. THE SANTA ANA RIVER VISION PLAN Recommended Action: 1. Direct staff to seek grant funding to improve trail and habitat opportunities along and adjacent to the Santa Ana River 2. Direct staff to work with various agencies to seek opportunities to implement the Vision, Goals and Policies of the Santa Ana River Vision Plan CITY COUNCIL AGENDA 13 AUGUST 7, 2006 BUSINESS CALENDAR 3. Direct staff to work closely with the County of Orange in their efforts to improve the trails and programs along the river 4. Receive and File PUBLIC HEARINGS 75.A. ZONING ORDINANCE AMENDMENT NO. 2006-03TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH NEW REGULATIONS FOR SUPERSTORE RETAIL USES Filed by the City of Santa Ana to amend Chapter 41 of the Santa Ana Municipal Code to establish new regulations for the Superstore retail uses Legal Notice published in the Orange County Reporter on July 28, 2006 Recommended Action: Place ordinance on first reading and authorize publication. ORDINANCE –An ordinance of the City Council of the City of Santa Ana adding Sections 41-27.5, 41-646.5, 41-1361, and amending Sections 41-365.5, 41-377.5, 41-412.5 and 41-424.5 of the Santa Ana Municipal code relating to the development of super stores COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) HOUSING AUTHORITY MEETING (Blue Agenda) COMMENTS 90.A. PUBLIC COMMENTS AT THIS TIME the members of the public may address the City Council regarding any non-agenda items within the subject matter jurisdiction of the City Council. NO action may be taken on non-agenda items unless authorized by law. WHEN SPEAKING, please state your name and address for the record. Limit your remarks to three (3) minutes. The number of speakers and allotted time may be limited at the discretion of the Council. CITY COUNCIL AGENDA 14 AUGUST 7, 2006 COMMENTS 90.B. CITY COUNCIL COMMENTS AT THIS TIME Councilmembers may comment on non-agenda matters and ask questions of or give directions to staff. NO action may be taken on non- agenda items unless authorized by law. th ADJOURNMENT - To August 21, 2006 - 5:15 p.m. - Police Chief’s Conference Room, 4 Floor, 60 Civic Center Plaza, Santa Ana, California CITY COUNCIL AGENDA 15 AUGUST 7, 2006