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Home My WebLink About AGENDA_2010-08-16 City Council Meeting Agenda August 16, 2010 CLOSED SESSION 5:00 PM REGULAR MEETING (Immediately following Closed Session Meeting) YOST THEATER FIESTA MARKETPLACE PROMENADE 307 N. SPURGEON SANTA ANA, CA 92701 ** PARKING AVAILABLE AT FIESTA MARKETPLACE PARKING STRUCTURE ** Miguel A. Pulido Mayor Claudia Alvarez Vincent F. Sarmiento Mayor Pro Tem – Ward 5 Councilmember - Ward 1 Michele Martinez Carlos 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 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, Community Redevelopment Agency, and/or Housing Authority 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 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 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 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 AUGUST 16, 2010 CITY OF SANTA ANA CITY COUNCIL REGULAR MEETING AUGUST 16, 2010 REGULAR MEETING (Immediately following the Closed Session Meeting at 5:00 p.m.) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, TINAJERO, SARMIENTO PLEDGE OF ALLEGIANCE MAYOR PULIDO 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, Community Redevelopment Agency, and/or Housing Authority 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 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 AUGUST 16, 2010 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 REGULAR MEETING OF JULY 19, 2010 – Clerk of the Council Office Approve Minutes as corrected. RECOMMENDED ACTION: 10B MINUTES OF REGULAR MEETING OF AUGUST 2, 2010 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT TO THE ORANGE COUNTY-CITY HAZARDOUS MATERIALS EMERGENCY RESPONSE AUTHORITY BOARD OF DIRECTORS – Santa Ana Fire Department : Appoint Hazardous Materials Disclosure RECOMMENDED ACTION Inspector, Chris Ciraulo, as Santa Ana’s Alternative Board Member to the Orange County-City Hazardous Materials Emergency Response Authority (OCCHMERA) Board of Directors. 13B COUNCIL COMMITTEE REPORTS Committee Name Date Parks, Recreation, Education & Youth 04/03/2008 Parks, Recreation, Education & Youth 11/10/2009 Public Safety 07/27/2010 CITY COUNCIL AGENDA 4 AUGUST 16, 2010 13C REMOVAL OF WARD 2 COMMISSION MEMBER FROM THE BOARD OF RECREATION AND PARKS Pursuant to Santa Ana Charter Section 901, a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council. Remove the Ward 2 representative from RECOMMENDED ACTION: the Board of Recreation and Parks. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 19C REQUEST FOR PROPOSALS FOR FIRE HYDRANT MAINTENANCE SERVICES - Public Works Agency Authorize the Public Works Agency to RECOMMENDED ACTION: send the attached Request for Proposals to qualified firms to provide maintenance services for the City’s public fire hydrants 19D RESPONSE TO ORANGE COUNTY GRAND JURY REPORT - City Manager's Office Authorize the Mayor to execute a letter RECOMMENDED ACTION: responding to the Grand Jury Report "Santa Ana Street Car Project." BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT - ENVIRONMENTAL REVIEW FOR FIRST STREET BRIDGE REPLACEMENT PROJECT - Public Works Agency RECOMMENDED ACTIONS: 1. Approve and adopt the Mitigated Negative Declaration Environmental Report No. 2010-108 for the replacement of the First Street Bridge over the Santa Ana River. CITY COUNCIL AGENDA 5 AUGUST 16, 2010 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-036 - Accepting funds in the amount of $9,147,083 from the California Department of Transportation into the Federal Highway Bridge Replacement Program Fund and appropriating funds to the Select Street Construction Fund. PROJECTS / CHANGE ORDERS 23A CONTRACT AWARD FOR RIVERVIEW NEIGHBORHOOD WATER MAIN IMPROVEMENTS (PROJECT NO. 093214) - Public Works Agency RECOMMENDED ACTIONS: 1. Award a contract to J. Desigio Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $1,598,092 for construction of Riverview Neighborhood Water Main Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $1,997,500. 23B CONTRACT AWARD FOR SR55/MACARTHUR BOULEVARD RAMPS WIDENING (PROJECT NO. 072503) - Public Works Agency Continued from the August 2, 2010 City Council meeting by a vote of 7-0. RECOMMENDED ACTIONS: 1. Award a contract to Peterson-Chase General Engineering Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,126,850.64 for construction of SR-55/MacArthur Boulevard Ramps Widening. 2. Approve a Funding Analysis with a total estimated construction cost of $1,577,000. 3. Direct the City Manager and Clerk of the Council to execute the attached Construction Cooperative Agreement with Caltrans for the State Route 55/MacArthur Boulevard Ramps Widening project. CITY COUNCIL AGENDA 6 AUGUST 16, 2010 23C REJECTION OF BIDS FOR RESIDENTIAL STREET REPAIR PHASE 14 (PROJECT NO.106730) - Public Works Agency Reject all bids for the Residential Street RECOMMENDED ACTION: Repair Phase 14 project. 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. (Item 25A through 25C) 25A AGMT - COMPREHENSIVE PHYSICAL EVALUATIONS AND HEALTH SCREENING - Execute an amendment with Pulmonary Consultants and Primary Care Physicians Medical Group, Inc., in an amount not to exceed $30,000 – Fire and Police Departments 25B AGMT - DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT AND BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORTS AND AGREEMENT WITH DOWNTOWN INC. - Community Development Agency 1. Approve the 2010 Downtown Santa Ana Management Community District annual report. 2. Approve the 2010 Downtown Santa Ana Improvement Business District annual report. 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Downtown Inc., a non-profit corporation, in the amount of $1,294.37 to expend the remaining funds towards the “Clean and Safe” Program benefitting the BID area. 25C AGMT - NEWPORT WATERSHED COOPERATIVE AGREEMENT - Execute an amendment to the cooperative agreement with the County of Orange to extend the term of the agreement to June 30, 2012 and authorize an annual payment amount of not to exceed $400,000 - Public Works Agency CITY COUNCIL AGENDA 7 AUGUST 16, 2010 LAND USE MATTERS CONDITIONAL USE PERMIT / VARIANCES 31A VARIANCE NO. 2010-03 TO INSTALL A NEW FREESTANDING SIGN THAT EXCEEDS THE NUMBER OF SIGNS ALLOWED WITHIN AN INTEGRATED DEVELOPMENT SITE AT 2130 EAST SEVENTEENTH STREET - ICI DEVELOPMENT COMPANY, APPLICANT - Planning and Building Agency On July 26, 2010, the Planning Commission adopted a resolution approving Variance No. 2010-03 as conditioned by a vote of 7-0 Receive and file the staff report RECOMMENDED ACTION: approving Variance No. 2010-03 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR ORDINANCES / FIRST READING 50A ORDINANCE AMENDING CHAPTER 16 OF THE MUNICIPAL CODE ESTABLISHING STANDARDS FOR RETENTION OF WORKERS -– Public Works Agency : Place ordinance on first reading and RECOMMENDED ACTION authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 16-40 THROUGH 16-42 TO ARTICLE II OF CHAPTER 16 OF THE SANTA ANA MUNCIPAL CODE RELATED TO SOLID WASTE COLLECTION REGULATIONS. RESOLUTIONS 55A RESOLUTION APPROVING RELOCATION PLAN FOR AGENCY ACQUISITIONS IN THE STATION DISTRICT - Community Development Agency CITY COUNCIL AGENDA 8 AUGUST 16, 2010 REVISED 08/13/10 Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY TH LOCATED AT 812 E. SANTA ANA BLVD., 602-604 E. 5 STREET, 607 THTHTHTH E. 6 STREET, 609 E. 6 STREET, 613 E. 6 STREET, 615 E. 6 STREET, 911 BROWN STREET, AND 409-411 N. MINTER 55B ADOPT RESOLUTIONS AUTHORIZING APPLICATIONS FOR STATE AND FEDERAL PLANNING AND TRANSPORTATION GRANTS - Planning & Building Agency Adopt resolutions. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY’S GRANT APPLICATION FOR THE CALIFORNIA PROPOSITION 84 (SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE THEREOF. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A GRANT APPLICATION FOR A SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT UNDER THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE THEREOF. COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) WORK STUDY SESSION WSA DOWNTOWN INC. ANNUAL REPORT - Community Development Agency CITY COUNCIL AGENDA 9 AUGUST 16, 2010 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 ADJOURNMENTTuesday, - The next meeting of the City Council is scheduled for September 7, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. CITY COUNCIL AGENDA 10 AUGUST 16, 2010