The URL can be used to link to this page

Home My WebLink About AGENDA_2012-10-01 City Council Meeting Agenda October 1, 2012 CLOSED SESSION MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California 5:00 PM REGULAR OPEN MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza 5:45 PM (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 Sonia R. Carvalho Paul M. WaltersMaria 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 and any other legislative body scheduled to meet on same day and time 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 Thursday. 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 OCTOBER 1, 2012 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING OCTOBER 1, 2012 REGULAR OPEN MEETING 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, TINAJERO, SARMIENTO PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Police Chaplain PRESENTATIONS PROCLAMATIONMAYOR PULIDO presented by to Dr. David Nunez, County of Orange, Environmental Health Medical Director in recognition of County of Orange Childhood Lead Poisoning Prevention Week. PROCLAMATIONMAYOR PULIDO presented by to Assistance League of Santa Ana th President Judy Tschetter in recognition of the League’s 75 Anniversary. CERTIFICATES OF RECOGNITIONMAYOR PRO TEM ALVAREZ presented by to the Boys and Girls Club, CSP, Girls, Inc., Human Options, Kidworks, Mercy House, Orange County Bar Foundation, Orange County Children’s Therapeutic Arts Center, Taller San Jose and WISEPlace in recognition of their ongoing support and contribution to the residents and community of Santa Ana. PROCLAMATIONCOUNCILMEMBER MARTINEZ presented by to The League of United Latin American Citizens, District 1, President Zeke Hernandez, in recognition of Hispanic Heritage Month. CITY COUNCIL AGENDA 3 OCTOBER 1, 2012 CERTIFICATE OF RECOGNITIONCOUNCILMEMBER MARTINEZ presented by to Mother’s Market and Kitchen President Alejandro Hernandez-Martinez and Terri th Takemoto in recognition of its 4 Year Anniversary in Santa Ana. CERTIFICATES OF RECOGNITIONCOUNCILMEMBER SARMIENTO presented by to Owner Jerry Zomorodian, Arco Gas Station; General Manager Jim Master, Coast Composites; and Arturo Saucedo, California Youth Soccer for their contribution to the community and its residents. 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 and any other legislative body scheduled to meet on same day and time 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. CITY COUNCIL AGENDA 4 OCTOBER 1, 2012 CONSENT CALENDAR CONSENT CALENDAR Approve staff recommendations on the RECOMMENDED ACTION: following Consent Calendar items: Items 10A through 31A. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 17, 2012 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD - Community Development Agency Appoint Ignacio Alegre, Rehabilitation RECOMMENDED ACTION: Supervisor, replacing Maryann Conway, as the Department of Rehabilitation representative on the Santa Ana Workforce Investment Board. 13B COUNCIL COMMITTEE REPORTS – PARKS, RECREATION, EDUCATION AND YOUTH (PREY) MINUTES – PARKS, RECREATION & COMMUNITY SERVICES AGENCY Receive and file Parks, Recreation, RECOMMENDED ACTION: Education and Youth Minutes of June 4, 2012. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office CITY COUNCIL AGENDA 5 OCTOBER 1, 2012 19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services Receive and file the Quarterly Report of RECOMMENDED ACTION: Contracts entered into between April 1, 2012 to June 30, 2012 valued at $25,000 and less. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A LEASE AGREEMENT WITH VERIZON WIRELESS FOR CO-LOCATION OF CELLULAR ANTENNA AT JEROME PARK AND APPROPRIATION ADJUSTMENT - Parks, Recreation & Community Services Agency RECOMMENDED ACTIONS: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a lease agreement for co- location of cellular antenna and equipment building at Jerome Park, subject to non-substantive changes approved by the City Manager and the City Attorney. AGMT - With Verizon Wireless Approve an appropriation adjustment. 2. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-035 - recognizing $46,800 in the Capital Outlay Fund Miscellaneous Recovery account and appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account. 3. Receive and file Categorical Exemption for Environmental Review No. 2012-59 (Jerome Park). 20B APPROPRIATION ADJUSTMENT ACCEPTING FUNDS FOR THE TRAFFIC SIGNAL AT FAIRVIEW STREET AND EDNA DRIVE (PROJECT NO. 126758) - Public Works Agency Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) CITY COUNCIL AGENDA 6 OCTOBER 1, 2012 APPROPRIATION ADJUSTMENT NO. 2013 - 034 - Accepting funds from the Wintersburg Presbyterian Church in the amount of $2,000 into the select street construction fund and appropriating the funds into the select street construction fund for the traffic signal installation at Fairview Street and Edna Drive. SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A through 22D) 22A SPEC. NO. 11-044 - SIGNS, HARDWARE AND ACCESSORIES – Renew the contract with Safeway Sign Company for a one-year period in an amount not to exceed $100,000 (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 11-035 - ELEVATOR MAINTENANCE AND REPAIR SERVICES – Renew the contract with Pacific Coast Elevator dba Amtech Elevator Services for a one-year period in an annual amount not to exceed $45,000 - Finance & Management Services 22C SPEC. NO. 09-051 - PREPAID GASOLINE CARDS – Renew the contract with SVM, LP for a one-year period in an annual amount not to exceed $31,500 (Community Development Agency) - Finance & Management Services 22D SPEC. NO. 12-050 - CIVIC CENTER TREE PRUNING – Award a contract with George Salinas Tree Preservation in an amount of $52,300 (Parks, Recreation and Community Services) - 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 - AMENDMENT - LAND LEASE TO REMOVE CO-LOCATION REVENUE SHARING REQUIREMENT OF THE NEW CINGULAR WIRELESS MONOPINE LOCATED AT 2115 W. MCFADDEN - With New Cingular Wireless PCS, LLC - Parks, Recreation & Community Services Agency CITY COUNCIL AGENDA 7 OCTOBER 1, 2012 25B AGMT - INSTRUCTIONAL SERVICES - With the Rancho Santiago Community College District in an amount of $88,463 to provide instructional services to eligible youth participating in the Seeds to Trees Digital Media Academy - Parks, Recreation & Community Services Agency and Community Development Agency 25C GRAND AVENUE WIDENING (PROJECT NO. 081732 NON-GENERAL FUND) - Public Works Agency 1. Authorize the City Manager and Clerk of the Council to execute the attached settlement agreements: ? AGMT – With Roberto Comparan dba Comparan Produce, tenant of the property located at 204 North Grand Avenue (APNs 398-453- 05 & 06) in the amount of $22,510. ? AGMT - With Alfred Laguna dba Continental Barber, tenant of the property located at 208 North Grand Avenue (APNs 398-453-05 & 06) in the amount of $16,730. ? AGMT - With K & K Investments LP, tenant of the property located at 218 North Grand Avenue (APNs 398-453-05 & 06) in the amount of $29,815. ? AGMT - With Raymundo Pena dba Imagen Beauty, tenant of the property located at 1221 East First Street, Unit D (APNs 398-454- 12 & 13) in the amount of $17,415. ? AGMT - With Joan McVay, Lance McVay, Joanna McVay, Trustee for the Joanna McVay Revocable Trust of 2007, for the purchase of the property located at 1225 East Fourth Street (APN 398-385-04) in the amount of $300,000. 2. Authorize the City Manager and Clerk of the Council to execute the attached loss of rent agreement. ? AGMT - With Gallegos Brothers LLC for the real property commonly known as 2012 North Grand Avenue; APNs 398-453-05 & 398-453-06 (Unit Identification: 202, 204, 206, 208, 210, 212-214, 216-218 North Grand Avenue). 25D AGMT - AMENDMENT - TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE - With Aegis ITS, Inc. to approve a one-year contract extension in an amount not to exceed $650,000 annually, with the option to extend for one additional year exercisable by the City Manager - Public Works Agency CITY COUNCIL AGENDA 8 OCTOBER 1, 2012 25E AGMT - ONE-STOP OPERATOR EXTENSION FOR PROGRAM YEAR 2012-2013 – With the Santa Ana WORK Center - Community Development Agency 25F AGMT - MEMORANDUM OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNER – With the Orange County Social Service Agency - Community Development Agency 25G AGMT - LICENSE AGREEMENT FOR USE OF FORMER ALTON YARD SITE RECOGNIZING RENTAL INCOME – With All City Nursery - Public Works Agency LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NOS. 2012-11 AND 2012-13 TO ALLOW THE RESTAURANT TO OPERATE UNTIL 2:00 A.M AND TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY, 220 EAST FOURTH STREET, SUITE 102 - BOB QUINN, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 10, 2012, by a vote of 6-0 (Alderete absent). : Receive and file the staff report RECOMMENDED ACTION approving Conditional Use Permit No. 2012-11 as conditioned and Conditional Use Permit No. 2012-13 as conditioned. **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 9 OCTOBER 1, 2012 BUSINESS CALENDAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A SUNSHINE ORDINANCE – City Manager’s Office : Select one of the following: RECOMMENDED ACTION 1. Direct staff to prepare a revised ordinance and schedule for a future City Council meeting. 2. Introduce and hold first reading of ordinance, as prepared by staff. AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE II.I THROUGH ARTICLE II.III TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE 3. Provide additional direction. RESOLUTIONS 55A BIENNIAL REVIEW OF CITY CLASSIFICATIONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS FORM - Clerk of the Council Office Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS 55B RESOLUTION IN OPPOSITION TO CALIFORNIA PROPOSITION 32 – City Manager’s Office Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING PROPOSITION 32 CITY COUNCIL AGENDA 10 OCTOBER 1, 2012 PUBLIC HEARINGS 75A PUBLIC HEARING – GENERAL PLAN AMENDMENT NO. 2012-01 AND ZONING AMENDMENT APPLICATION NO. 2012-01 FOR PROPOSED PARK SITE LOCATED AT 300 EAST MCFADDEN AVENUE - Planning and Building Agency Recommended Action approved by the Planning Commission on June 14, 2012 by a 6-0 vote (Alderete absent). Legal Notice published in the O.C. Reporter on September 21, 2012 and notices mailed on September 20, 2012. RECOMMENDED ACTIONS: 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2012-01 FOR THE PROPOSED PARK SITE LOCATED AT 300 EAST MCFADDEN AVENUE 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) 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 ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (“PBID”) ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS, HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING FOR DISESTABLISHMENT - Mayor Pro Tem Alvarez Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2 and August 6, 2012 City Council meetings. CITY COUNCIL AGENDA 11 OCTOBER 1, 2012 HOUSING AUTHORITY MEETING (Blue Agenda) SUCCESSOR AGENCY MEETING (Salmon 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, October 15, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn In Memory of Christine “Chris” Diaz FUTURE AGENDA ITEMS ? Tow Truck Franchises ? Update on Local Streets and Roadwork ? Street Car Project Update and Action items ? Discovery Science Center - Expansion approvals ? Update Citywide Classification and Compensation Plan CITY COUNCIL AGENDA 12 OCTOBER 1, 2012