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HomeMy WebLinkAbout AGENDA_2011-08-01 City Council Meeting Agenda August 1, 2011 CLOSED SESSION MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza, Room 147 Santa Ana, California 92702 5:00 PM REGULAR OPEN MEETING CITY COUNCIL CHAMBER 22 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 StrakaPaul M. WaltersMaria D. Huizar Interim City Attorney Interim 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 three (3) minutes 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 1, 2011 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING AUGUST 1, 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 INVOCATION Roger Aragon, Police Chaplain PLEDGE OF ALLEGIANCE MAYOR PULIDO PRESENTATIONS EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 25 YEARS OF SERVICE Willard V. Holt, Revenue Supervisor, Finance & Management Services CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS BENAVIDES the Independence Day Sponsors – Cordoba Corporation; and BUSTAMANTE to Edison Company; AT&T; Crevier Motors; Waste Management; Knowlwood Enterprises; C&C Development; Ware Disposal; TNT Fireworks; SAFBA; Chase Development; Elite Special Events; CA Team Realty; Gay Neighbors, Family and Friends; Liberty House of OC; Santa Ana Police Officers Association and Santa Ana/SCE Energy Partnership for their contribution to the Independence Day Celebration held on July 3, 2011. CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. CITY COUNCIL AGENDA 3 AUGUST 1, 2011 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 three (3) minutes 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 CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 31B. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY OF JUNE 22, 2011 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: 10B MINUTES FROM THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 18, 2011 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: CITY COUNCIL AGENDA 4 AUGUST 1, 2011 NOTICE OF PUBLIC HEARINGS 12A RESOLUTION - NOTICE OF INTENT TO MODIFY THE MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT - Community Development Agency Legal Notice published in the Orange County Register on July 9, 2011 and on July 23, 2011 and notices mailed to business and property owners. Continued from the July 18, 2011 City Council meeting by a vote of 4-0 (Benavides, absent; Pulido and Sarmiento abstained). RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO MODIFY THE MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES AND ENGINEER’S REPORT FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON 2. Set a public hearing for August 15, 2011. 12B ABANDONMENT NO. 10-01: INTENT TO VACATE PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER AND POINSETTIA STREETS - Public Works Agency RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE TWO PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER STREET AND POINSETTIA STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 2010-01) 2. Set a public hearing for September 6, 2011. CITY COUNCIL AGENDA 5 AUGUST 1, 2011 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office 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 QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2011 - Finance & Management Services Receive and file. RECOMMENDED ACTION: 19E REQUEST FOR PROPOSALS FOR BASELINE GREENHOUSE GAS EMISSIONS STUDY AND CLIMATE ACTION PLAN - Public Works Agency Authorize the Public Works Agency to RECOMMENDED ACTION: send a Request for Proposals to qualified firms to develop a governmental and community baseline Green House Gas Emissions Inventory and Climate Action Plan. 19F REQUEST FOR PROPOSALS FOR SURVEYING SERVICES - Public Works Agency Authorize the Public Works Agency to RECOMMENDED ACTION: send a Request for Proposals to qualified consulting firms to provide surveying services. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ADDITIONAL WORKFORCE INVESTMENT ACT ALLOCATIONS FOR PROGRAM YEAR 2011-12 - Community Development Agency CITY COUNCIL AGENDA 6 AUGUST 1, 2011 Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-024 - Recognizing additional revenues of $42,226 in Title I Dislocated Worker funds, $113,141 in Title I Youth funds, and a decrease in revenues of $15,401 in Title I Adult funds and $45,033 in Rapid Response funds from the State of California for the 2011-12 fiscal year allocation. 20B WORKFORCE INVESTMENT ACT FUNDS - Community Development Agency Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-242 - Recognizing additional revenues from the California Workforce Investment Board in the amount of $5,000 for Workforce Investment Act activities. SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. NO. 11-036 - STREET SWEEPERS (Public Works Agency) - Finance & Management Services Continued from the June 20, 2011 City Council Meeting by a vote of 4-3 (Alvarez, Martinez, Tinajero, no); continued from the July 18, 2011 City Council Meeting by a vote of 5-0 (Benavides and Pulido absent). RECOMMENDED ACTION: Staff recommends to continue item indefinitely. Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22B through 22G) 22B SPEC. NO. 11-038 - DEFIBRILLATORS - Award a contract to Zoll Medical Corporation in an amount of $252,000 funded by the Metropolitan Medical Response System 2009 Grant (Fire Department) - Finance & Management Services 22C SPEC. NO. 11-033 - UNINTERRUPTIBLE POWER SUPPLY REPLACEMENT - Award a contract to Power and Systems Innovations in CITY COUNCIL AGENDA 7 AUGUST 1, 2011 an amount not to exceed $67,400 (Police Department) - Finance & Management Services 22D SPEC. NO. 07-060 - BLOOD AND BREATH TECHNICIAN SERVICES - Renew the contract with California Forensic Phlebotomy, Inc., in an annual amount not to exceed $120,000 (Police Department) - Finance & Management Services 22E SPEC. NO. 08-008 - WATER TREATMENT SALT - Renew the contract with Gallade Chemical Inc. for a one-year period in an annual amount not to exceed $40,000 (Public Works Agency) - Finance & Management Services 22F SPEC. NO. 09-008 - REPROGRAPHICS PAPERS AND ENVELOPES - Renew the contract with Unisource Worldwide Inc. for a one-year period in an annual amount not to exceed $80,000 (Police Department) - Finance & Management Services 22G SPEC. NO. 08-060 - TRAFFIC LINE PAINTING AND TRAFFIC SIGN MAINTENANCE - Renew the contract with Orange County Striping Service, Inc., for a one-year period in an annual amount not to exceed $425,275 (Public Works Agency) - Finance & Management Services 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 25G) 25A AGMT - TREE MAINTENANCE SERVICES - Execute an amendment with West Coast Arborists, Inc. in an amount not to exceed $760,622 for FY 2011-2012 - Public Works Agency and Parks, Recreation & Community Services Agency Continued from the June 20, 2011 City Council Meeting by a vote of 7-0; continued from the July 18, 2011 City Council Meeting by a vote of 5-0 (Benavides and Pulido absent). CITY COUNCIL AGENDA 8 AUGUST 1, 2011 25B AGMT - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010-19 - With Thomas and Amy Tsotsis for the structure located at 2126 North Ross Street (McKay House) - Planning and Building Agency 25C AGMT - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-02 - With Tam Tran for the structure located at 2346 N. North Park Boulevard (C. Swanner House) - Planning and Building Agency 25D AGMT - STEP 2 PRE-PRELIMINARY ENGINEERING ANALYSIS FOR THE SANTA ANA AND GARDEN GROVE FIXED GUIDEWAY PROJECT (PROJECT 092505) - With Cordoba Corporation, Sheils, Obletz, Johnsen, Inc. (SOJ); URS Corporation; Leon Skiles & Associates, Inc.; E.D. Hovee & Company, LLC; Cambridge Systematics; and John Parker Consulting, LLC team in an amount not to exceed $491,736 - Public Works Agency 25E AGMT - ALL-INCLUSIVE SETTLEMENT AGREEMENT FOR 1211 WEST WARNER AVENUE (PROJECT NO. 091752) - With Big O Tires, LLC in an amount of $250,000 - Public Works Agency 25F AGMT - CABLE AUDIT SERVICES – Execute an amendment with Communications Support Group Inc. in an amount not to exceed $60,000, for a total not to exceed an amount of $78,000 - Parks, Recreation & Community Services Agency 25G AGMT - LABOR NEGOTIATIONS ASSISTANCE – With the Law Firm of Liebert Cassidy Whitmore, in an amount not to exceed $75,000 - Personnel Services Agency LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NOS. 2011-07, 2011-15 & 2011-16 - KARMINA RESTAURANT LOCATED IN THE SPECIFIC DEVELOPMENT NO. 84/DOWNTOWN (SD-84) ZONING DISTRICT - 515 NORTH MAIN STREET, UNIT B. - FILED BY ADOLFO LOPEZ - Planning and Building Agency Recommended action approved by the Planning Commission on July 11, 2011, by a vote of 5-0 (Turner absent; Gartner abstained). CITY COUNCIL AGENDA 9 AUGUST 1, 2011 : Receive and file the staff report RECOMMENDED ACTION approving Conditional Use Permit Nos. 2011-07, 2011-15 and 2011-16 as conditioned. 31B MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 1996-30 LOCATED IN THE SPECIFIC DEVELOPMENT NO. 84/TRANSIT ZONING CODE-DOWNTOWN (SD84/TRANSIT ZONING CODE- DOWNTOWN) ZONING DISTRICT - 416 WEST FOURTH STREET - FILED BY JASON KORDAS FOR THE VELVET LOUNGE - Planning and Building Agency Recommended action approved by the Planning Commission on May 23, 2011, by a vote of 7-0. Matter referred to the Public Safety Committee for review at the June 20, 2011, City Council Meeting by a vote of 7-0. : Receive and file the staff report RECOMMENDED ACTION approving modifications to Conditional Use Permit No. 1996-30 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A ORDINANCE AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY STREETS - Public Works Agency : Place ordinance on first reading and RECOMMENDED ACTION authorize publication of title. AN ORDINANCE OF THE CITY OF SANTA ANA REVISING ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE, SETTING THE PRIMA FACIE SPEED LIMITS FOR STREETS IN THE CITY CITY COUNCIL AGENDA 10 AUGUST 1, 2011 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 NAMING OF OPEN AREA ON FOURTH AND FRENCH STREETS – MAYOR PRO TEM ALVAREZ COMMUNITY REDEVELOPMENT AGENCY MEETING (Green Agenda) HOUSING AUTHORITY MEETING (Blue Agenda) 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, August 15, 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. CITY COUNCIL AGENDA 11 AUGUST 1, 2011