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Home My WebLink About AGENDA_2007-11-05 REVISED 11/02/07 City of Santa Ana Council Meeting Agenda NOVEMBER 5, 2007 6:00 P.M. CITY COUNCIL CHAMBERS 22 Civic Center Plaza 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 Joseph W. FletcherDavid N. ReamPatricia E. Healy City Attorney City Manager Clerk of the Council 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 Time Regular City Council meetings held in the Council Chamber are televised live on CTV3 Warner 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) DVD 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 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 normal business hours. 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 2 NOVEMBER 5, 2007 REVISED 11/02/07 CLOSED SESSION City Hall, Room 831 th 20 Civic Center Plaza, 8 Floor 5:30 p.m. REGULAR MEETING NOVEMBER 5, 2007 CALL TO ORDER MAYOR PULIDO Councilmembers ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, SARMIENTO, TINAJERO City Manager, City Attorney, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido INVOCATION Gary Tucker, Police Chaplain EMPLOYEE SERVICE AWARDS MAYOR PULIDO 20 YEARS OF SERVICE Donna J. Schultze Recreation Supervisor, Parks, Recreation & Community Services Agency 30 YEARS OF SERVICE Marylou Sepulveda Senior Accounting Assistant, Public Works Agency David C. Lopez Fire Engineer, Fire Department PRESENTATIONS PROCLAMATION presented by MAYOR PULIDO to Alfredo Amezcua in the Memory of Margarita Solorzano. PROCLAMATION presented by MAYOR PULIDO to Patricia Davenport and Judy Sampson in the Memory of Emma Ruth Davenport. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to KidSingers, in recognition of their dedication and investment in the City of Santa Ana’s “At-Risk Youth”. CITY COUNCIL AGENDA 3 NOVEMBER 5, 2007 CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to Patrick Hoang Phong Le & Phillip Hoang Phong Le, congratulating them on the receipt of their Eagle Scout Awards. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to Adams Elementary, Carver Elementary, Diamond Elementary, Edison Elementary, El Sol Science & Arts Academy, Harvey Elementary and Monte Vista Elementary, in recognition of being named among the “Top 10 Most Improved Schools in Orange County”. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Peggy Butler for her $25,000 donation to the Santa Ana Zoo at Prentice Park. PROCLAMATION presented by COUNCILMEMBER TINAJERO recognizing Erasmo CERTIFICATE OF RECOGNITION Ramirez for his athletic accomplishments and a presented to Mr. & Mrs. Ramirez for their wonderful parenting. CONSENT CALENDAR CONSENT CALENDAR Recommended Action: Approve staff recommendations on the following Consent Calendar items. ADMINISTRATIVE MATTERS MINUTES Recommended Action: Approve minutes. (Item 10.A.) 10.A. REGULAR MEETING MINUTES OF OCTOBER 15, 2007 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. 11.A. ZONING ORDINANCE AMENDMENT NO. 2007-04 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO DEFINE AND BAN MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES AND ORDINANCE AMENDMENT NO. 2007-02 TO AMEND CHAPTER 18 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES Placed on first reading at the October 1, 2007 City Council meeting and approved by a vote of 7-0 CITY COUNCIL AGENDA 4 NOVEMBER 5, 2007 Legal notice published in The O.C. Reporter on October 5, 2007 Recommended Action: Place ordinance on second reading and adopt. ORDINANCE -An ordinance of the City Council of the City of Santa Ana adding Article XIII to Chapter 18, and adding Section 41-121 and amending Section 41-144 of the Santa Ana Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries BOARDS/COMMISSIONS/COMMITTEES 13.A. VACANCY REPORT – OCTOBER 31, 2007 The Vacancy Report reflects only appointments made by the Council. Recommended Action: Receive and file. BOARD/COMMISSION VACANCIES WARD Community Redevelopment 2 Tenant & 5 Housing Commission Library 1 6 Youth Commission - Alternate 3 3, 5 & 6 Youth Commission Associate 6 1,3,4,5,6 & Mayor Youth Commission - Regular 1 1 Personnel Board 1 5 TOTAL 14 BOARD/COMMISSION EXPIRED WARD TERMS Historic Resources Commission 1 6 Human Relations Commission 1 At Large Library Board 1 Mayor Personnel Board 2 6 & Mayor Youth Commission – Alternate 1 4 TOTAL 6 13.B. COUNCIL COMMITTEE REPORTS Committee Name Date Development 08/30/07 CITY COUNCIL AGENDA 5 NOVEMBER 5, 2007 REVISED 11/02/07 Public Safety 08/28/07 Development 09/20/07 Public Safety 09/25/07 13.C. BOARDS AND COMMISSIONS BI-ANNUAL ATTENDANCE REPORT MARCH 2007 THROUGH SEPTEMBER 2007 Recommended Action: Receive and file Boards and Commission Bi-Annual Attendance Report. APPOINTMENTS 13.D. APPOINTMENT OF MEMBER TO THE SANTA ANA WORKFORCE INVESTMENT BOARD Recommended Action: Appoint. Appoint Ms. Georgina Maldonado, Regional Community Programs Manager, Health Net of California as a private sector member on the Santa Ana Workforce Investment Board. 13.E. APPOINTMENT Recommended Action: Appoint. Appoint Norma C. Gonzalez to the Human Relations Commission nominated by Mayor Pulido as the At Large representative for a full term expiring December 9, 2008. (replacing Betsy Benton) 13.F. APPOINTMENT Recommended Action: Appoint. Appoint Joe F. Ramirez to the Personnel Board nominated by Councilmember Tinajero as the Ward 6 representative for a full term expiring December 14, 2010. (replacing Charles L. Dobson) CITY COUNCIL AGENDA 6 NOVEMBER 5, 2007 CLERK OF THE COUNCIL POSTING REPORT The following notices were posted pursuant to the the Maddy Act. Board and Commission resignations are posted on the door of the Council Chambers at 22 Civic Center Plaza Boards/Commission Resignation Effective Posted Time 15.A. Richard X. Tran, Library 08/06/07 09/19/07 5:00 p.m. 15.B. Michael G. Kanda, WIB 09/14/07 09/19/07 5:00 p.m. 15.C. Megan Kluken, Youth (alternate) 06/30/07 09/19/07 5:00 p.m. 15.D. Nelida Yanez, Community Redevelopment/Housing Commission 10/01/07 10/03/07 8:10 a.m. 15.E. Betsy Benton, Human Relations Commission 09/12/07 10/17/07 9:00 a.m. 15.F. Diana Lara, Youth Commission (Alternate) 02/01/07 10/24/07 4:10 p.m. FINAL MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received these Final Maps and is in the process of reviewing the maps for final approval. The City Engineer shall approve or disapprove these maps within 10 days of this City Council meeting. 17.A. FINAL PARCEL MAP NO. 2006-233 - 1043 AND 1045 EAST FOURTH STREET Recommended Action: Receive and file . 17.B. FINAL PARCEL MAP NO. 16836 – 2100 S. SUSAN STREET Recommended Action: Receive and file . MISCELLANEOUS ADMINISTRATION 19.A. CLOSED SESSION REPORT (The City Attorney will report items to be considered from the Closed Session Meeting). 19.B. EXCUSED ABSENCES 19.C. DESTRUCTION OF OBSOLETE CITY RECORDS CITY COUNCIL AGENDA 7 NOVEMBER 5, 2007 Recommended Action: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. (Finance & Management Services Agency, Community Development Agency, and City Manager’s Office) 19.D.INVESTMENTS REPORT - QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2007 – FINANCE & MANAGEMENT SERVICES AGENCY Recommended Action: Receive and file report 19.E. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER Recommended Action: Receive and file the Quarterly Report of Contracts entered into by the City Manager between July 1 and September 30, 2007 valued at $25,000 and less. APPROPRIATION ADJUSTMENTS 20.A. APPROPRIATION ADJUSTMENT ACCEPTING FY 2007 HOMELAND SECURITY GRANT PROGRAM Recommended Action: 1. Adopt a resolution. RESOLUTION - Authorizing the City Manager and the Chief of Police to execute a grant award agreement with the State of California, Office of Homeland Security for the FY 2007 Urban Areas Security Initiative funding program in the amount of $11,072,000. 2. Direct the City Attorney to prepare and authorize the Police and the Clerk of the Council to enter into reimbursement agreements. AGMTS - EQUIPMENT, SERVICES, OR TRAINING - With the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area. CITY COUNCIL AGENDA 8 NOVEMBER 5, 2007 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-038 - Recognizing the FY 2007 Urban Areas Security Initiative grant funds in the amount of $11,072,000 in revenue account and appropriate same in the FY 2007 Urban Areas Security Initiative Program Grant expenditure accounts. 20.B. APPROPRIATION ADJUSTMENT ACCEPTING THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-039 - Recognizing the 2007 Edward Byrne Memorial Justice Assistance Grant in the amount of $97,393 into the revenue account and appropriate same into the 2007 Edward Byrne Memorial Justice Assistance Grant overtime account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement. AGMT - With the County of Orange, Sheriff’s Department to transfer the 2007 Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $194,786. 20.C. APPROPRIATION ADJUSTMENT FOR THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES GRANT AWARD AND AGREEMENT WITH HUNT DESIGN TO PROVIDE MASTER GRAPHICS PLAN AT SANTA ANA ZOO Recommended Action: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-045 -Recognizing $150,000 in the Institute of Museum and Library Services grant revenue account and appropriate same to the Institute of Museum and Library Services expenditure account for a Master Graphics Plan at the Santa Ana Zoo. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT - With Hunt Design to create a master graphics plan at the Santa Ana Zoo in an amount not to exceed $70,000 – Parks, Recreation & Community Services Agency CITY COUNCIL AGENDA 9 NOVEMBER 5, 2007 20.D. APPROPRIATION ADJUSTMENT - CALHOME PROGRAM Recommended Action: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 08-043 – Recognizing $600,000 in Calhome Program Funds and appropriating the same. GRANTS/APPLICATIONS 21.A. FY 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAM Recommended Action: Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and the Chief of Police to submit a grant application to the State of California Office of Homeland Security for the FY2007 Public Safety Interoperable Communications Grant Program SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Recommended Action: Award in accordance with Requests for Council Action. (22.A. – 22.H.) 22.A. SPEC. NO. 05-050 - FLOOR COVERING SERVICES - Renew the contract with JJJ Floor Covering, Inc., for a one-year period in an amount not to exceed $85,000 – Finance & Management Services Agency 22.B. SPEC. NO. 06-135 - PRINTER CARTRIDGES - Approve the second-year funding of a two-year contract with Software House International in the amount of $125,000 - Finance & Management Services Agency 22.C. SPEC. NO. 06-139 - BRASS, GALVANIZED, AND PVC IRRIGATION SUPPLIES – PARKS, RECREATION & COMMUNITY SERVICES AND PUBLIC WORKS AGENCIES - Renew the contract with Ferguson Waterworks for a one-year period in an amount not to exceed $27,000 - Finance & Management Services Agency 22.D. SPEC. NO. 07-078 - HYBRID UTILITY VEHICLE - Amend the contract with Villa Ford in the amount not to exceed $27,239 - Finance & Management Services Agency CITY COUNCIL AGENDA 10 NOVEMBER 5, 2007 22.E. SPEC. NO. 07-086 - VEHICLE BODY REPAIR - FINANCE & MANAGEMENT SERVICES AGENCY- Award contracts for a one-year period, with provision for two, one-year renewals, in the annual aggregate amount not to exceed $150,000 with the following Santa Ana vendors: Doffo Automotive, Inc. 1 Day Paint & Body Centers, Inc. Eleganze Auto Body Shop Top Finish Collision Center Inc. Kelly’s Body Shop Inc. 22.F. SPEC. NO. 05-091 - REPROGRAPHICS SERVICES - FINANCE & MANAGEMENT SERVICES AGENCY - Renew the contracts for reprographics services for a one-year period in a total annual aggregate amount not to exceed $65,000 with: Vendor: American Reprographics Co d/b/a Consolidated Reprographics Bodourian Inc. d/b/a Color Copy Center FedEx Kinko’s Office and Print Services, Inc. OCB Reprographics SABP Reprographics 22.G. SPEC. NO. 07-087 - OEM VEHICLE PARTS AND REPAIRS - FINANCE & MANAGEMENT SERVICES AGENCY - For a one-year period, with provision for two, one-year renewals, in the annual aggregate amount not to exceed $200,000 with the following vendors: Power Chevrolet Irvine Showcase Chevrolet McCoy Motor Co. inc. d/b/a Mills Ford Power Ford Tustin Villa Ford 22.H. SPEC. NO. 07-091 - DIESEL EXHAUST REMOVAL SYSTEM – FIRE DEPARTMENT - Award a contract to Air Cleaning Systems, Inc., in an amount not to exceed $129,176 - Finance & Management Services Agency PROJECTS – MAINTENANCE, REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. CONTRACT AWARD FOR SEVENTEENTH STREET SEWER LINING (PROJECT 08-3517) Recommended Action: CITY COUNCIL AGENDA 11 NOVEMBER 5, 2007 Award a contract to InsituForm Technologies, Inc., in the amount of $66,600.00 for installation of the Seventeenth Street Sewer Lining. BUDGETARY MATTERS 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.O.) 25.A. AGMT - COMPREHENSIVE ONE-STOP CENTER MEMORANDUM OF UNDERSTANDING FOR PROGRAM YEAR 2007-2008 - Execute an extension of the One-Stop Operator Memorandum of Understanding – Community Development Agency 25.B. AGMT – INFORMATION TECHNOLOGY AND COMPUTER SUPPORT SERVICES – Execute an amendment with Sapphire Technologies in an aggregate amount not to exceed $600,000 – Fire Department 25.C. AGMT - INSTALLATION AND REMOVAL OF EQUIPMENT FOR EMERGENCY VEHICLE - With 911 Vehicle in an amount not to exceed $35,000 – Fire Department 25.D. AGMT - PLAN CHECK SERVICES - With Willdan in an amount not to exceed $55,000 – Planning and Building Agency 25.E. AGMT - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-07 - With Alfonso and Patricia T. Bustamante, Joel Torres and Laurie Hampton for the apartment structures located at the primary address of 2201 North Broadway (inclusive of 2201-2205½ North Broadway and 211- 219½ West Buffalo Street) - Planning and Building Agency 25.F. AGMT - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-08 - With Alfonso and Patricia T. Bustamante of the Bustamante Family Trust dated March 8, 2006 for the structure located at 819 North Spurgeon Street - Planning and Building Agency 25.G. AGMT - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-09 - With Stephen and Patricia Eisenhaur for the structure located at 2414 North Bonnie Brae - Planning and Building Agency 25.H. AGMT - CONSULTING SERVICES - With Alternet Networks, Inc. in an amount not to exceed $45,000 – Police Department 25.I. AGMT - ASSET FORFEITURE CONSULTING SERVICES - Execute a one-year agreement with two, one-year renewal options with Joseph R. La CITY COUNCIL AGENDA 12 NOVEMBER 5, 2007 Rosa Jr., in an annual amount not to exceed $36,000 – Police Department 25.J. AGMT – SERVICES Execute an amendment to the agreement with - Graffiti Trackers in the amount of $148,000 for a total not to exceed contract amount of $233,000 – Public Works Agency 25.K. AGMT - WATER SYSTEM MAPPING SERVICES -Execute an amendment with IWater, Inc. in the amount of $247,126 for a total not to exceed contract amount of $421,647 - Public Works Agency 25.L. AGMT - SEWER SYSTEM FATS, OILS AND GREASE CONTROL PROGRAM - With Environmental Engineering and Contracting, Inc. for a one year term with the option to extend for a second one year term in the amount of $180,000 per year – Public Works Agency 25.M. AGMT - DOMESTIC WATER QUALITY TESTING SERVICES - Execute an amendment with Clinical Laboratory of San Bernardino for domestic water quality testing in the bi-annual not to exceed amount of $147,370 – Public Works Agency 25.N. AGMT - CABLE TV CONSULTING SERVICES - Execute an agreement with Communications Support Group for a one-year period in an amount not to exceed $85,870 – Parks, Recreation & Community Services Agency 25.O. AGMT – WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT - Execute an agreement with Service Employees International Union, Local 721, representing Part Time Civil Service employees (30 hours) – Personnel Services Agency LAND USE MATTERS CONDITIONAL USE PERMITS/VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2007-03 TO CONSTRUCT A 55-FOOT HIGH CELLULAR ANTENNA FOR T-MOBILE AT 1444 EAST MCFADDEN AVENUE – TRILLIUM CONSULTING, APPLICANT Filed by Jason Kozora for Trillium Consulting (T-Mobile) to construct a 55- foot monopine wireless facility located in the Light Industrial (M1) zoning district at 1444 East McFadden Avenue. Recommended action approved by the Planning Commission at its September 24, 2007 meeting by a vote of 6-0 (Munoz absent) Applicant: Trillium Consulting Recommended Action: CITY COUNCIL AGENDA 13 NOVEMBER 5, 2007 Receive and file the staff report approving Conditional Use Permit No. 2007-03 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55.A. RESOLUTION APPROVING AND AUTHORIZING THE SUBMITTAL OF THE CITY OF SANTA ANA’S ENTERPRISE ZONE APPLICATION Recommended Action: 1. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana approving and authorizing the submittal of the City of Santa Ana’s Enterprise Zone application 2. Authorize the Executive Director of the Community Development Agency to prepare and submit an application to the State of California Housing & Community Development Department for Enterprise Zone designation 55.B. RESOLUTION SUPPORTING ENERGY PARTNERSHIP AND AGREEMENT WITH SOUTHERN CALIFORNIA EDISON TO DELIVER ENERGY EFFICIENCY INFORMATION AND EDUCATION Recommended Action: 1. Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana, California, declaring the City’s support for an energy partnership between Southern California Edison and the City of Santa Ana 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement AGMT – ENERGY EFFICIENT PROGRAMS – With Southern California Edison in the amount of $200,000 – Public Works Agency CITY COUNCIL AGENDA 14 NOVEMBER 5, 2007 REVISED 11/02/07 55.C. ABANDONMENT NO. 07-02-S: TO VACATE A PORTION OF FLOWER STREET AND WARNER AVENUE INTERSECTION Recommended Action: Adopt a resolution. RESOLUTION - A resolution approving the summary vacation of 116 square foot irregular shaped portion of excess right-of-way on the northwest corner of Flower Street and Warner Avenue (Abandonment No. 07-02-S) 55.D. RESOLUTION AUTHORIZING PARTICIPATION IN THE FEMA PRE- DISASTER MITIGATION GRANT PROGRAM Recommended Action: Adopt a resolution. RESOLUTION - A resolution of the City Council of the City of Santa Ana authorizing the filing of a Federal Emergency Management agency (FEMA) Pre-disaster Mitigation Grant application for a Seismic Mitigation Project for St. Joseph Hospital of Orange-South Building 55.E. AMENDMENT TO RESOLUTION CALLING SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE VOTERS OF THE QUESTIONS ON CHANGES IN THE CITY CHARTER RELATED TO TERM LIMITS Recommended Action: 1. Amend Resolution No. 2007-057 ordering a Special Municipal Election for the submission to the voters of questions on changes in the City Charter by deleting the proposed changes to Charter Sections 400 and 404, adding a new Charter Section 401.05 related to adoption of a Code of Ethics and Conduct, and, amending the ballot question for Sections 401 and 401.05. 2. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for/against the revised proposed charter amendment, fix the date for the submission of arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. 3. Direct the Clerk of the Council to amend the Notice of Election and republish in accordance with the provision of the California State Elections Code. CITY COUNCIL AGENDA 15 NOVEMBER 5, 2007 REVISED 11/02/07 4. Direct the City Attorney to prepare an impartial analysis for the revised proposed charter amendment submitted to the voters. PUBLIC HEARINGS 75.A. PUBLIC HEARING - AMENDMENT APPLICATION NO. 2007-02, SPECIFIC DEVELOPMENT NO. 81, TENTATIVE TRACT MAP NO. 2007- 04 (COUNTY MAP NO. 17071) AND SITE PLAN REVIEW NO. 2007-02 TO CHANGE THE ZONING FROM ARTERIAL COMMERCIAL TO SPECIFIC DEVELOPMENT NO. 81 AND TO SUBDIVIDE A LOT INTO 47 PARCELS AT 3321 SOUTH FAIRVIEW STREET Legal Notice published in the Orange County Reporter on September 21, 2007 Filed by Alton LLC to change the zoning designation of a parcel from Arterial Commercial (C5) to Specific Development No. 81 and approve a tract map to allow a 38 unit single-family detached condominium project at 3321 South Fairview Street. Recommended action approved by the Planning Commission at its September 10, 2007 meeting by a vote of 5-0 (Gartner, Leo absent) Applicant: Alton LLC Continued from the October 1, 2007 City Council Meeting by a vote of 7-0 Recommended Action: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007- 37. 2. Place ordinance on first reading and authorize publication. ORDINANCE –An ordinance of the City Council of the City of Santa Ana adopting Specific Development No. 81 (SD-81) and rezoning the property located at 3321 South Fairview Street from arterial Commercial (C5) to Specific Development No. 81 (SD-81) (AA No. 2007-02) 3. Adopt a resolution. CITY COUNCIL AGENDA 16 NOVEMBER 5, 2007 RESOLUTION - A resolution of the City Council of the City of Santa Ana approving and adopting the Mitigated Negative Declaration and Mitigation Monitoring Program (Environmental Review No. 2007-37); approving Tentative Tract Map No. 2007-04 as conditioned (County Map No. 2007-04), and Site Plan Review No. 2007-02 as conditioned for the property located at 3321 South Fairview Street 75.B. PUBLIC HEARING – ABANDONMENT NO. 06-04: TO VACATE A PORTION OF GRAND AVENUE AND FAIRHAVEN AVENUE INTERSECTION Legal notice published in The O.C. Reporter September 21 & 28, 2007 Public hearing continued from the October 1, 2007 by a vote of 7-0 Recommended Action: 1. Adopt a resolution. RESOLUTION -A resolution of the City Council of the City of Santa Ana vacating a portion of land at the northeast corner of Grand Avenue and Fairhaven Avenue at 2701 North Grand Avenue (Abandonment No. 06- 04) 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement for the sale of the City’s fee interest in a portion of the street to SCP Avondale, LLC for $1.00. 75.C. PUBLIC HEARING – RESOLUTION AND ORDINANCE ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES Legal Notice published in The O.C. Reporter on October 19, 2007 Recommended Action: 1. Adopt a resolution. RESOLUTION – A resolution of the City Council of the City of Santa Ana, California, setting forth findings with respect to local conditions within the City of Santa Ana which make certain modifications and changes to the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California existing Building Code, Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Solar Energy Code, International Property Maintenance Code, and California Fire Code as amended by the State of California CITY COUNCIL AGENDA 17 NOVEMBER 5, 2007 2. Place ordinance on first reading and authorize publication. ORDINANCE - An ordinance of the City Council of the City of Santa Ana amending Chapter 8 and 14 of the Santa Ana Municipal Code to adopt and amend thereto the most recently enacted California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California existing Building Code, Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Solar Energy Code, International Property Maintenance Code, and California Fire Code 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. 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. ADJOURNMENT CITY COUNCIL AGENDA 18 NOVEMBER 5, 2007