The URL can be used to link to this page

Home My WebLink About AGENDA_2011-04-18 City Council Meeting Agenda April 18, 2011 CLOSED SESSION MEETING POLICE CHIEF’S CONFERENCE ROOM th 60 Civic Center Plaza, 4 Floor 5:00 PM REGULAR OPEN MEETING POLICE COMMUNITY ROOM 60 Civic Center Plaza (Immediately following the Closed Session Meeting) 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 StrakaDavid N. ReamMaria D. Huizar Interim 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 APRIL 18, 2011 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING APRIL 18, 2011 REGULAR OPEN 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 APRIL 18, 2011 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 25E. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE APRIL 4, 2010 MEETING - 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 AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02 - 100- 140 EAST MACARTHUR BOULEVARD - Planning and Building Agency Placed on first reading at the April 4, 2011 City Council meeting and approved by a vote of 6-0 (Pulido abstained). Published in the Orange County Reporter on April 8, 2011. Place ordinance on second reading and RECOMMENDED ACTION: adopt. ORDINANCE NO. NS-2817 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GRAND PLAN 2, LLC AND LYON INTEGRAL MACARTHUR PLACE, LLC BOARDS / COMMISSIONS / COMMITTEES 13A NOMINATED BY MAYOR PRO TEM ALVAREZ AS THE WARD 5 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 11, 2012 – Clerk of the Council Office Appoint RECOMMENDED ACTION: CITY COUNCIL AGENDA 4 APRIL 18, 2011 Residing Name Board/Commission Ward John J. Polce Historic Resources 5 (Replacing Bustamante) Commission 13B BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT – OCTOBER 2010 THROUGH MARCH 2011 - Clerk of the Council Office Receive and file. RECOMMENDED ACTION: 13C COUNCIL COMMITTEE REPORTS Receive and file. RECOMMENDED ACTION: Committee Name Date Parks, Recreation Education & Youth 01/12/2011 Parks, Recreation Education & Youth 02/25/2011 Public Safety 11/30/2010 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 19C REQUEST FOR PROPOSALS TO PROVIDE AND INSTALL LED STREET LIGHTS - Public Works Agency Authorize the Public Works Agency to RECOMMENDED ACTION: send a Request for Proposals to qualified firms to provide and install energy-efficient LED street lights. 19D AUTHORIZATION TO REQUEST PROPOSALS FOR PRE- PRELIMINARY ENGINEERING ANALYSIS FOR THE SANTA ANA GARDEN GROVE FIXED GUIDEWAY (PROJECT 092505) - Public Works Agency Authorize the Public Works Agency to RECOMMENDED ACTION: issue a Request for Proposals (RFP) to qualified consulting firms to prepare Pre-Preliminary Engineering project deliverables required by the Federal Transit Administration. CITY COUNCIL AGENDA 5 APRIL 18, 2011 19E REQUEST FOR PROPOSALS FOR PART-TIME PLAN CHECK SERVICES - Planning and Building Agency Authorize the Planning and Building RECOMMENDED ACTION: Agency to send a Request for Proposals to qualified consulting firms to provide part-time plan check services for the Building Division. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING FY 2010/11 CAL-GRIP GRANT FUNDING PROGRAM - Police Department Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-180 - Recognizing the FY 2010/11 California Gang Reduction, Intervention and Prevention Program Fund (CAL GRIP) in the amount of $369,309 into the revenue account and appropriate same into the expenditure accounts SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A through 22C) 22A SPEC. NO. of 08-046 - CHARTER BUS SERVICE - Renew the contract with Certified Transportation Services, Inc. in an amount not to exceed $100,600 (Parks, Recreation and Community Services and Police Department) - Finance & Management Services 22B SPEC. NO. 08-076 - SAFETY GLOVES - Renew the contract with Fisher Scientific, LLC for a one-year period in an annual amount not to exceed $35,000 - Finance & Management Services 22C SPEC. NO. 09-010 - ON-CALL SANITARY SEWER LINING SERVICES - Renew the contract with RePipe-California, Inc. for a one-year period in an amount not to exceed $500,000 (Public Works Agency) - Finance & Management Services CITY COUNCIL AGENDA 6 APRIL 18, 2011 PROJECTS/CHANGE ORDERS 23A CONTRACT CHANGE ORDER NO. 1; SR55/MACARTHUR BOULEVARD RAMPS WIDENING (PROJECT NO. 072503) - Public Works Agency Approve Change Order No. 1 for RECOMMENDED ACTION: SR55/MacArthur Boulevard ramps widening for an estimated cost of $600,000. 23B CONTRACT CHANGE ORDER NO. 2; DYER ROAD AND GRAND AVENUE INTERSECTION WIDENING - Public Works Agency Approve Change Order No. 2 for Dyer RECOMMENDED ACTION: Road and Grand Avenue Intersection Widening for an estimated cost of $75,000. 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 25E) 25A AGMT - DOWNTOWN GENERAL MAINTENANCE SERVICES AND GUARDRAIL, BOLLARD AND CHAIN LINK FENCE REPAIR - Execute an amendment with Orange County Contractors Services dba Orange County Mailboxes and Construction for an amount not to exceed $100,000 through June 30, 2012, with an option to extend an agreement for two additional one-year renewals - Community Development Agency and Public Works Agency 25B ON-CALL ENGINEERING SERVICES FOR WATER AND SEWER PROJECTS - Public Works Agency AGMT - Execute an amendment with Tetra Tech, Inc. in the amount of ? $200,000 for total contract amount not to exceed $900,000. AGMT - Execute an amendment with Psomas, Inc. in the amount of ? $200,000 for total contract amount not to exceed $900,000. CITY COUNCIL AGENDA 7 APRIL 18, 2011 25C AGMT - ENVIRONMENTAL IMPACT REPORT FOR THE SAN LORENZO SEWER LIFT STATION (PROJECT NO. 063510) - Execute an amendment with T & B Planning in an amount of $40,275 for a total contract amount not to exceed $135,549 - Public Works Agency 25D ACQUISITION OF RIGHT-OF-WAY FOR THE OCTA AT-GRADE RAIL SAFETY ENHANCEMENTS (PROJECT NO. 091745) – To convey to the City a portion of the property located on Lincoln Avenue between Santa Ana Blvd. and Fruit Street at no charge - Public Works Agency AGMT - With Orange County Transportation Authority (OCTA), APN# ? 398-207-02 AGMT - With Orange County Transportation Authority (OCTA), APN# ? 398-207-01 25E AGMT - COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE - With TriTech Software Systems in an amount not to exceed $120,844 for a one-year period - Fire Department **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A AMEND CHAPTER 5 OF SANTA ANA MUNICIPAL CODE REGARDING CARE, TREATMENT AND ASSESSMENT OF DOGS - Police Department : Place ordinance on first reading and RECOMMENDED ACTION authorize publication of title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE CARE, TREATMENT, AND ASSESSMENT OF DOGS CITY COUNCIL AGENDA 8 APRIL 18, 2011 RESOLUTIONS 55A APPROPRIATION ADJUSTMENT ACCEPTING FY 2010 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM (IECGP) - Police Department RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA EMERGENCY MANAGEMENT AGENCY FOR THE FY2010 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT AND TO ENTER INTO REIMBURSEMENT AGREEMENTS IN CONJUNCTION WITH THE GRANT 2. Direct the City Attorney to prepare and authorize the Chief of Police or the City Manager to enter into reimbursement agreements for equipment, services, training, or exercises. AGMTS - With cities and counties located in the Southern Planning Area and contractors/consultants providing services and/or goods in conjunction with the FY 2010 IECGP. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-183 - Recognizing the FY 2010 Interoperable Emergency Communications Grant Program in the amount of $1,972,980 in revenue account and appropriate same in the FY 2010 Interoperable Emergency Communications Grant Program expenditure accounts. 55B ADOPT A RESOLUTION AUTHORIZING THE IMPLEMENTATION OF A PARS TRUST PLAN FOR AFFECTED FORMER POLICE OFFERS ASSOCIATION MEMBERS - Personnel Services Agency RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE IMPLEMENTATION OF A SUPPLEMENTARY RETIREMENT PLAN FOR TWENTY-FIVE (25) POLICE OFFICERS ASSOCIATION RETIREES, DESIGNATING PUBLIC AGENCY CITY COUNCIL AGENDA 9 APRIL 18, 2011 RETIREMENT SERVICES AS THE TRUST ADMINISTRATOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RETIREMENT PLAN AND TRUST DOCUMENTS 2. Authorize the City Manager and Clerk of the Council to execute an agreement. AGMT - WIth PARS to establish and administer the Planfor a period of five years with provision for year-to-year extensions, contingent upon Council approval, and to execute any other documents required to establish the trust and implement the Plan. 3. Appoint the Executive Director of Personnel Services, or designee, as the City’s Plan Administrator for the Plan, authorized to implement the Plan and to take additional actions as necessary to maintain the City’s participation in the Plan, maintain compliance with any regulations regarding the Plan, and to administer the PARS Trust Supplementary Retirement Plan for said twenty-five (25) POA retirees, on behalf of the City. PUBLIC HEARINGS 75A CONTINUED PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FY 2011-2012 - Community Development Agency Legal Notice published in the Orange County Register on March 18, 2011. Public hearing opened and closed at the April 4, 2011 City Council meeting. RECOMMENDED ACTIONS: 1. Approve the proposed Fiscal Year 2011-2012 Community Development Block Grant Program. 2. Approve the proposed contingency plan for the Fiscal Year 2011- 2012 Community Development Block Grant Program. 3. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's Fiscal Year 2011-2012 allocation of Community Development Block Grant funds and execute the grant agreement with the United States Department of Housing and Urban Development (HUD). 4. Direct the City Attorney to prepare and authorize the City Manager CITY COUNCIL AGENDA 10 APRIL 18, 2011 and the Clerk of the Council to execute memorandums of understanding with city departments and agreements with nonprofit agencies awarded funds as part of the approved program. 75B PUBLIC HEARING – ZONING ORDINANCE AMENDMENT NO. 2011-02 TO ALLOW HEALTH CLUBS IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT AND VARIANCE NO. 2011-03 TO ALLOW A REDUCTION IN PARKING FOR GOLD’S GYM - 1945 EAST SEVENTEENTH STREET, UNIT 103 – FILED BY BANNICK ARCHITECTS, APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on March 29, 2011 by a 6-0 vote (Gartner absent). Legal Notice published in the O.C. Reporter and notices mailed on April 8, 2011. Continued to the May 2, 2011 City Council RECOMMENDED ACTION: meeting at staff’s request. JOINT SESSIONS OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY 80A JOINT SESSION - SETTLEMENT AGREEMENT WITH FRIENDS OF THE LACY HISTORIC NEIGHBORHOOD AND FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH SANTA ANA STATION DISTRICT, LLC - Community Redevelopment Agency CITY COUNCIL ACTION RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING CEQA FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS AND CONSENTING TO THE APPROVAL OF THE FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND SANTA ANA STATION DISTRICT, LLC AND MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH CITY COUNCIL AGENDA 11 APRIL 18, 2011 2. Direct the City Attorney to prepare and authorize the City Manager, the Chair of the Council, and Clerk of the Council to execute a settlement agreement. AGMT - With the Friends of the Lacy Historic Neighborhood, Deborah McEwen, theCity of Santa Ana, the City Council of Santa Ana, the Redevelopment Agency of the City of Santa Ana, the Board of the Agency, and Santa Ana Station District, LLC. COMMUNITY REDEVELOPMENT AGENCY ACTION RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING CEQA FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND SANTA ANA STATION DISTRICT, LLC AND MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH 2. Direct the Agency General Counsel to prepare and authorize the Executive Director, the Chair of the Board, and Recording Secretary to execute a settlement agreement. AGMT - With the Friends of the Lacy Historic Neighborhood, Deborah McEwen, theCity of Santa Ana, the City Council of Santa Ana, the Redevelopment Agency of the City of Santa Ana, the Board of the Agency, and Santa Ana Station District, LLC. 3. Direct the Agency General Counsel to prepare and authorize the Executive Director and Recording Secretary to execute the First Amendment to the Disposition and Development Agreement revising the Scope of Development. AGMT - Between the Community Redevelopment Agency of the City of Santa Ana and Santa Ana Station District, LLC dated June 7, 2010. 4. Adopt the Lacy Housing Fund Program and authorize the deposit and expenditure of $200,000. 5. Authorize the release of Request for Proposals for the demolition thth of 620 E 5 St., 611 N. Minter St., 609, 615-617 E. 6 St., 623 and 707 N. Garfield and 812 E. Santa Ana Blvd., and the relocation of thth the structures on 613 E. 6 St and 610-612 E. 5 St. CITY COUNCIL AGENDA 12 APRIL 18, 2011 WORK STUDY SESSION WSA PROPOSED BUDGET FOR FISCAL YEAR 2011/12 CAPITAL IMPROVEMENT PROJECTS - Public Works Agency 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 ADJOURNMENT - The next meeting of the City Council is scheduled for Monday, May 2, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of John Maloney and Beverly Shuck CITY COUNCIL AGENDA 13 APRIL 18, 2011