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Home My WebLink About AGENDA_2009-10-05 REVISED 10/02/2009 Council Meeting Agenda October 5, 2009 CLOSED SESSION CITY HALL 20 Civic Center Plaza, 8th Floor 5:30 PM REGULAR MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza Immediately following the Closed Session 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. ReamMaria 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 of the City of Santa Ana 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 Input - Members of the public shall be given three (3) minutes to address the City Council on any and all matters contained on the City Council agenda as well as the agendas of any of the City’s related agencies scheduled at the same time; members of the public shall be given three (3) minutes to address the City Council for each duly noticed hearing, unless the matter is continued prior to taking public testimony; members of the public shall also be provided an opportunity to address the Council on issues of public interest within the subject matter jurisdiction of the City Council. All requests to speak shall be submitted in writing by submitting a speaker card to the Clerk of the Council. No requests to speak shall be accepted after the public comment session begins without permission of the presiding officer. 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 Friday. 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 Council meetings will be televised and available for viewing on the City’s web page live or taped delayed. 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 Council 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 and the City’s website one day following the Council meeting. DVD copies of the Council meetings for loan will be available for public circulation at the Santa Ana Main Library the day after the Council meeting. 1 CITY COUNCIL AGENDA 2 OCTOBER 5, 2009 CITY OF SANTA ANA CITY COUNCIL REGULAR MEETING OCTOBER 5, 2009 REGULAR MEETING (Immediately following the Closed Session Meeting at 5:30 p.m.) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, TINAJERO, SARMIENTO INVOCATION Dale Temple, Police Chaplain PLEDGE OF ALLEGIANCE MAYOR PULIDO EMPLOYEE SERVICE AWARDS 20 YEARS OF SERVICE Richard L. Marckstadt Police Officer, Police Department 25 YEARS OF SERVICE Stephen D. Horner Fire Captain, Fire Department PRESENTATIONS PROCLAMATION presented by MAYOR PULIDOtothe Orange County American Italian Renaissance Foundation in recognition of Italian Heritage Month. PROCLAMATION presented by MAYOR PULIDOtoJohn Burk for his service on the Santa Ana Federal Credit Union and for his 30 years of service with the City of Santa Ana. PROCLAMATION presented by MAYOR PRO TEM ALVAREZ toConsul Carlos Rodriguez-y-Quezada in recognition of Hispanic Heritage Month. PROCLAMATION presented by MAYOR PRO TEM ALVAREZ toConsul Carlos Rodriguez-y-Quezada in recognition of Bi-national Health Week. CITY COUNCIL AGENDA 3 OCTOBER 5, 2009 CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZtothe Secretary of Defense Employer Support Freedom Award recipients – Police Chief Paul Walters, Corporal Kevin De Deaux, Sergeant Terry Zlateff and Sergeant Joe Perez, Police Officers’ Association President. PROCLAMATION presented by COUNCILMEMBER BUSTAMANTE to Western Medical Center for being recognized as one of the top 500 hospitals in America by U.S. News & World Report. PROCLAMATION presented by COUNCILMEMBER MARTINEZ toNational Latina Business Women Association for enriching the lives of Hispanic women everywhere. PROCLAMATION presented by COUNCILMEMBER TINAJERO toToastmasters International for recognizing the need for all people to communicate in a clear and effective manner. CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENT ON AGENDA ITEMS Prior to consideration of the consent and business calendars on the agenda, the public will be given the opportunity to speak on any and all matters contained on the Council agenda or the agendas of any of the City’s related agencies (if any). All requests to speak shall be submitted in writing to the Clerk of the Council. 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 PRESIDING OFFICER. Members of the public shall be given a total of three (3) minutes to address the City Council on any and all matters contained on the City Council and all Agency agendas for tonight’s meeting. CITY COUNCIL AGENDA 4 OCTOBER 5, 2009 REVISED 10/02/2009 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 32A. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE CLOSED SESSION AND REGULAR MEETING OF SEPTEMBER 21, 2009 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: BOARDS AND COMMISSIONS Reappoint. (Items 13A and 13B) RECOMMENDED ACTION: 13A NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 11, 2012 – Clerk of the Council Name Board/Commission Residing Ward 1. Eric Alderete Planning Commission 3 2. Kenneth Nguyen Recreation & Parks Board 6 3. Miguel A. Vega Youth Commission 1 13B NOMINATED BY MAYOR PRO TEM ALVAREZ AS THE WARD 5 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 11, 2012 – Clerk of the Council Name Board/Commission Residing Ward Thomas Morrissey Environmental and Transportation 5 Advisory Committee (ETAC) CITY COUNCIL AGENDA 5 OCTOBER 5, 2009 REVISED 10/02/2009 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES 19C DESTRUCTION OF OBSOLETE CITY RECORDS – City Manager’s Office : Approve the requests for the destruction RECOMMENDED ACTION of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006- 045. 19D PLANS FOR CITY SPONSORED 2010 BICENTENNIAL FIESTAS PATRIAS EVENTS : Confirm Staff’s recommendation to RECOMMENDED ACTION initiate plans for the City to organize and produce the celebration/cultural activities of the 2010 Bicentennial Fiestas Patrias and authorize the Mayor to establish a City Council 2010 Bicentennial Fiestas Patrias Ad Hoc Committee. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT - ALLOCATE COMMUNITY DEVLOPMENT BLOCK GRANT-RECOVERY PROGRAM FUNDS - Community Development Agency : Approve an Appropriation Adjustment. RECOMMENDED ACTION (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-022 – Recognizing American Recovery and Reinvestment Act Community Development Block Grant- Recover funds in the amount of $1,852,245 awarded to the City of Santa Ana SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A through 22D) CITY COUNCIL AGENDA 6 OCTOBER 5, 2009 22A SPEC. NO. 06-090 - INMATE CLOTHING AND SHOES - Renew the contract with Bob Barker for a one-year period in an amount not to exceed $28,015; and an additional $6,000, for a total annual amount not to exceed $34,015 - Police Department 22B SPEC. NO. 06-125 - PAINT AND SUPPLIES - Renew the contract with Vista Paint Corporation for one-year in an amount not to exceed $70,000 - Finance & Management Services 22C SPEC. NO. 09-048 - FIRE PUMPERS - Award a contract to Emergency Vehicle Group, Inc. under the Cooperative Purchase Provision in the amount not to exceed $900,000 - Fire Department 22D SPEC. NO. 09-049 - SELF-CONTAINED BREATHING APPARATUS - Award a contract to Allstar Fire Equipment, Inc. in the amount of $20,000; and an additional $15,000, for a total annual amount not to exceed $35,000 - Fire Department PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR PHASE 9 (PROJECT NO. 10-6706-C) - Public Works Agency : RECOMMENDED ACTIONS 1. Award a contract to Elite Bobcat Service, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $2,607,090, for construction of Residential Street Repair Phase 9. 2. Approve a Funding Analysis with a total estimated construction cost of $3,127,300. 23B CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR – PHASE 6 (PROJECT NO.09-1754-C) - Public Works Agency : RECOMMENDED ACTIONS 1. Award a contract to Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $3,027,105 for construction of Residential Street Repair – Phase 6. 2. Approve a Funding Analysis with a total estimated construction cost of $3,783,800. CITY COUNCIL AGENDA 7 OCTOBER 5, 2009 REVISED 10/02/2009 23C CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR – PHASES 7 AND 8 (PROJECT NOS.09-1755-C AND 09-1759-C) - Public Works Agency : RECOMMENDED ACTIONS 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $3,216,841 for construction of Residential Street Repair – Phases 7 and 8. 2. Approve a Funding Analysis with a total estimated construction cost of $4,021,000. 23D CONTRACT AWARD FOR FLOWER STREET BIKE TRAIL EXTENSION, PHASE I, FROM UNION PACIFIC RAILROAD TO MACARTHUR BOULEVARD (PROJECT NO. 08-6029-C) : RECOMMENDED ACTIONS 1. Award a contract to I.C.E. Engineering, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $726,208 for construction of Flower Street Bike Trail Extension, Phase I, from Union Pacific Railroad to MacArthur Boulevard. 2. Approve a Funding Analysis with a total estimated construction cost of $931,900. AGREEMENTS : Table the matter per staff’s request. (Item RECOMMENDED ACTION 25A) 25A AGMT - LEASE AGREEMENT WITH OMNIPOINT COMMUNICATIONS INC. FOR CELLULAR ANTENNA AT ROSITA PARK - Parks, Recreation & Community Services Agency Continued from the July 6, 2009 City Council Meeting by a vote of 6-0. (Sarmiento absent); Continued from the September 8, 2009 City Council Meeting by a vote of 7-0; Continued from the September 21, 2009 City Council Meeting by a vote of 4-0 (Absent: Martinez, Tinajero, Pulido). CITY COUNCIL AGENDA 8 OCTOBER 5, 2009 REVISED 10/02/2009 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. (Item 25B through 25H) 25B AGMT - GRAFFITI REMOVAL SERVICES - With Graffiti Protective Coatings, Inc. in the amount of $524,997 for a nine-month period with a provision for four one-year renewals - Public Works Agency 25C AGMT - TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES - Execute a second amendment with PDS Technical Services in the amount of $150,000 for a total agreement amount not to exceed $450,000 - Public Works Agency 25D AGMT - PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES - With the Municipal Water District of Orange County for a one-year term with the option to extend for a second one-year term in an amount not to exceed $30,000 per year - Public Works Agency 25E AGMT - AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF SANTA ANA FOR THE INSTALLATION OF MISCELLANEOUS FACILITIES - With the Irvine Ranch Water District to execute the a two-year reimbursement agreement for less than $100,000 per project - Public Works Agency 25F AGMT - ON-CALL AERIAL MAPPING AND SURVEYING SERVICES - Execute a first amendment with Johnson-Frank and Associates in an amount of $200,000 for a total agreement not to exceed $500,000 - Public Works Agency 25G AGMT - PROVIDE ON-CALL SERVICES AND TRANSPORTATION INFORMATION SYSTEM FOR THE CITY’S TRAFFIC SIGNAL SYSTEM - With Telvent Farradyne, Inc. in an amount not to exceed $173,940 - Public Works Agency 25H AGMT - MAINTENANCE OF THE STADIUM AND CIVIC CENTER - Execute an amendment with Merchants Landscape Services in an amount not to exceed $108,189, for a total agreement amount of $584,263 - Parks, Recreation & Community Services Agency CITY COUNCIL AGENDA 9 OCTOBER 5, 2009 REVISED 10/02/2009 TENTATIVE PARCEL/TRACT MAPS 32A TENTATIVE PARCEL MAP NO. 2009-02 (COUNTY MAP NO. 2009-109) TO SUBDIVIDE AN EXISTING INDUSTRIAL PROPERTY INTO THREE SEPARATE PARCELS - 1720, 1740, 1760 AND 1800 EAST WILSHIRE AVENUE - Planning and Building Agency Applicant: The Realty Associates Fund VII On September 16, 2009, the Zoning Administrator adopted Planning Commission Resolution No. 2009-12 approving Tentative Parcel Map 2009-02 Confirm the Zoning Administrator’s RECOMMENDED ACTION: action approving Tentative Parcel Map No. 2009-02 as conditioned (County Map No. 2009-109). **END OF CONSENT CALENDAR** PUBLIC HEARINGS 75A PUBLIC HEARING – ZONING ORDINANCE AMENDMENT NO. 2009-05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP-3) - Planning and Building Agency Legal Notice published in the O.C. Reporter on August 28, 2009. Continued from the September 8, 2009 City Council Meeting by a vote of 7-0. th Continue the matter to the October 19 RECOMMENDED ACTION: meeting per staff’s request. 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 PROPOSED METROPOLITAN WATER DISTRICT EMPLOYEE COMPENSATION AND BENEFITS ISSUES (ALVAREZ) CITY COUNCIL AGENDA 10 OCTOBER 5, 2009 COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) HOUSING AUTHORITY MEETING (Blue Agenda) PUBLIC COMMENTS ON ISSUES OF PUBLIC INTEREST (At the discretion of the Chair, this item may be considered at an earlier time and combined with public comments on agenda items) Members of the public shall be provided the opportunity to address the City Council on issues of public interest within the subject matter jurisdiction of the City Council. 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. DEADLINE TO SUBMIT REQUEST TO SPEAK - NO REQUESTS TO SPEAK SHALL BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE PRESIDING OFFICER. CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER’S COMMENTS 90B CITY COUNCILMEMBER COMMENTS ADJOURNMENT - The next meeting of the City Council is scheduled for Monday, October 19, 2009 at 5:30 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. CITY COUNCIL AGENDA 11 OCTOBER 5, 2009