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Home My WebLink About AGENDA_2013-06-03 City Council Meeting Agenda June 3, 2013 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 Sal TinajeroVincent F. Sarmiento Mayor Pro Tem – Ward 6 Councilmember - Ward 1 Michele MartinezAngelica Amezcua Councilmember - Ward 2 Councilmember - Ward 3 P. David Benavides Roman Reyna Councilmember - Ward 4Councilmember - Ward 5 Sonia R. Carvalho Kevin O’RourkeMaria D. Huizar 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 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 JUNE 3, 2013 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING JUNE 3, 2013 REGULAR OPEN MEETING 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS AMEZCUA, BENAVIDES, MARTINEZ, REYNA, TINAJERO, SARMIENTO PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION Eric WakelingPolice Chaplain , PRESENTATIONS PROCLAMATIONMAYOR PULIDO presented by to Orange County Fire Authority Battalion Chief Jim Henery and Division Chief Scott Brown recognizing Drowning Prevention Summer. CERTIFICATE OF RECOGNITIONMAYOR PRO TEM TINAJERO presented by to Frank Cabada, student at Godinez Fundamental High School for receiving the Hispanic Heritage Foundation’s National ExxonMobil Engineering and Mathematics Award. PROCLAMATIONCOUNCILMEMBER MARTINEZ presented by to Pro Mixed Martial Arts Fighter Gilbert Melendez, for winning of the Strikeforce Lightweight Championship and ranking #2 in his weight division. CERTIFICATES OF RECOGNITIONCOUNCILMEMBER SARMIENTO presented by to MacArthur Fundamental School students for participating and winning the Orange County Academic Pentathlon competition. CITY COUNCIL AGENDA 3 JUNE 3, 2013 7th Grade Team: 8th Grade Team 1 8 th Grade Team 2: Principal Selene Chang Josceline Acosta Jason Acosta David Casper Angel Cuellar Valerie Borroel Vanessa Avalos Mikaella Miguel Ashley Chavez Kyle Cung Teachers/Coaches: Christina Nguyen Aaron Mendez Charissa Nguyen Ms. Christine Silva Kevin Nguyen Teddy Moreno Celina Olivares Mrs. Laurie Tristan Elisa Olivares Sofia Olivares Alexis Ortega Blake Pham Jesse Perez Karina Torres Brian Roman Giselle Ramos Kyle Nguyen Justin Salgado Noah Tristan Miya Lopez 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 JUNE 3, 2013 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 THE REGULAR MEETING OF MAY 20, 2013 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: BOARDS / COMMISSIONS / COMMITTEES 13A LEGISLATIVE COUNCIL COMMITTEE APPOINTMENT - City Manager’s Office Confirm Martinez and Sarmiento to RECOMMENDED ACTION: Legislative Council Committee. 13B NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 13, 2016 – City Clerk of the Council Office Appoint. RECOMMENDED ACTION: Residing Name Board/Commission Ward Ivan Enriquez Youth Commission, Alternate 3 (Replaces J. Madrid) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT – City Attorney’s Office 19B EXCUSED ABSENCES – Clerk of the Council Office CITY COUNCIL AGENDA 5 JUNE 3, 2013 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 2013- 014. 19D QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES (JANUARY 2013 – MARCH 2013) - Community Development Agency Receive and file. RECOMMENDED ACTION: 19E AUTHORIZATION TO RELEASE REQUESTS FOR QUALIFICATIONS FOR SPECIALIZED LEGAL COUNSEL SERVICES - City Attorney's Office Authorize the City Attorney to issue RECOMMENDED ACTION: Request for Qualifications for specialized legal services. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A 2012 STATE JUSTICE ASSISTANCE GRANT FOR THE ANTI-DRUG ABUSE ENFORCEMENT TEAM - Police Department Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-132 - Recognizing the 2012 State Justice Assistance Grant in the amount of $113,723 and appropriate same into the 2012 State Justice Assistance Grant fund SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES Award in accordance with Request for RECOMMENDED ACTION: Council Action. (Items 22A through 22D) 22A SPEC. NO. 12-038 - CONTRACT RENEWAL WITH UNITED RENTAILS INC. FOR EQUIPMENT RENTAL AND CONCRETE – Renew the contract with United Rentals, Inc. for equipment rental and concrete for a one year CITY COUNCIL AGENDA 6 JUNE 3, 2013 period in an amount not to exceed $40,000 - Finance & Management Services 22B SPEC. NO. 13-022 - CONTRACT AWARD TO EN POINTE TECHNOLOGIES FOR VMWARE SUPPORT CONTRACT RENEWAL – Award contract with En Pointe Technoloogies Sales, Inc. for the purchase of a VMware Support Contract in the amount not to exceed $38,600 - Finance & Management Services 22C SPEC. NO. 13-023 - CONTRACT AWARD TO NEW TECH SOLUTIONS, INC. FOR CISCO NETWORK SWITCH UPGRADES – Award a contract to New Tech Solutions, inc. for the purchase of a Cisco network switch upgrades in the amount not the exceed $77,000 - Finance & Management Services 22D SPEC. NO. 13-028 - CONTRACT AWARD TO DELL CORP FOR COMPUTERS AND SERVER EQUIPMENT- Award a contract to Dell Computer Corporation for the purchase of computers and server equipment for the Public Works Agency, the Planning and Building Agency and the Parks, Recreatin and Community Services Agency in an amount not to exceed $104,000 - Finance & Management Services PROJECTS/CHANGE ORDERS 23A CONTRACT INCREASE TO ADD STREETLIGHTS TO FIRST STREET BRIDGE REPLACEMENT OVER THE SANTA ANA RIVER (PROJECT NO. 061723) - Public Works Agency Increase the contract with Powell RECOMMENDED ACTION: Constructors, Inc., for the construction of the First Street bridge replacement over the Santa Ana River by $250,000 for a total estimated contract amount of $8,065,000, and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. 23B CONTRACT AWARD TO KASA CONSTRUCTION , INC. FOR FLOWER STREET BIKE TRAIL GAP CLOSURE (PROJECT NO. 122620) - Public Works Agency RECOMMENDED ACTIONS: CITY COUNCIL AGENDA 7 JUNE 3, 2013 1. Award a contract to the lowest responsible bidder, KASA Construction, Inc., in accordance with the Base Bid plus Bid Item Nos. 47 and 49 of Additive Alternate 1, totaling $1,037,942.50 for the construction of the Flower Street Bike Trail Gap Closure. 2. Approve the Cost Analysis, for a total estimated project delivery cost of $1,307,520. 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 25H) 25A AGMT - ANIMAL SHELTER SERVICES - With the County of Orange in an amount not to exceed $1,068,799 - Police Department 25B AGMT - HELICOPTER SERVICES - With the Orange County Sheriff’s Department in an annual amount not to exceed $360,474 - Police Department 25C AGMT - FIVE-YEAR STRATEGIC PLAN - With Management Partners, Inc. in an amount not to exceed $50,000 - City Manager's Office 25D DISTRIBUTION OF WORKFORCE INVESTMENT ACT FORMULA YOUTH FUNDS FOR PROGRAM YEAR 2013-2014 - Community Development Agency ? AGMTS - Approve and authorize the City Manager and Clerk of the Council to execute agreements for Workforce Investment Act Formula Youth funds with the following Youth Program Operators for Program Year 2013-2014 in the amount of $982,562. If final allocations are less than anticipated, contract amounts will be decreased proportionately to the actual amount of Youth funds awarded. 1. Orange County Asian and Pacific Islander $101,340 Community Alliance 2. Santa Ana Public Library $170,000 3. Santa Ana WORK Center STEM Youth $170,000 Program CITY COUNCIL AGENDA 8 JUNE 3, 2013 7 . 4. Orange County Conservation Corps $200,000 5. Orange County Children’s Therapeutic Arts $180,000 Center 6. Career College of California $79,920 7. KidWorks $81,302 ? AGMT - Approve and authorize the City Manager and Clerk of the Council extend the term of the Memorandum of Understanding with the Santa Ana WORK Center for the Youth Service Provider Navigator to June 30, 2014 and allocate funding from program year 2013-2014 funds in the amount of $357,990. 25E AGMT - MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER - With Match Point Tennis Academy, LLC in an annual amount of $48,000 for a five-year term with four, five-year renewal options - Parks, Recreation & Community Services Agency 25F AGMT - SENIOR MEALS PROGRAMS - With Community SeniorServ, Inc. in an amount of $80,000 - Parks, Recreation & Community Services Agency and Community Develoment Agency 25G AGMT - SETTLEMENT AGREEMENT WITH LA ESTRELLITA FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) - With La Estrellita, tenant of the property located at 208 North Grand Avenue, Unit A (APN 398-453-06), in an amount of $12,962 - Public Works Agency 25H SECURE BIKE PARKING FACILITIES - Public Works Agency ? AGMT - With Acire, Inc., to provide design-build services for construction of secure bike parking facilities in an amount not to exceed $200,622. ? Approve a Cost Analysis for a total estimated project delivery cost of $234,275. CITY COUNCIL AGENDA 9 JUNE 3, 2013 LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2013-02 TO ALLOW AFTER-HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013-07 TO ALLOW A BANQUET FACILITY FOR THE C4: CURE FOR THE COMMON DELI AT 200 NORTH BROADWAY – JEFFREY HALL, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 13, 2013, by a vote of 6-0 (Bacerra abstained). Receive and file the staff report RECOMMENDED ACTION: approving Conditional Use Permit No. 2013-02 and Conditional Use Permit No. 2013-07 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A ORDINANCE AMENDING SECTIONS 2-155 AND 2-157 OF THE MUNICIPAL CODE – THE SUNSHINE ORDINANCE - City Manager's Office : Place ordinance on first reading and RECOMMENDED ACTION authorize publication of title. AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-155 AND 2-157 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE RESOLUTIONS 55A DONATION OF SURPLUS LAW ENFORCEMENT EQUIPMENT TO CITY OF SONSONATE, EL SALVADOR - City Manager's Office : Adopt a resolution. RECOMMENDED ACTION CITY COUNCIL AGENDA 10 JUNE 3, 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DONATION OF A SURPLUS LAW ENFORCEMENT EQUIPMENT TO THE CITY OF SONSONATE, EL SALVADOR 55B RESOLUTION AFFIRMING CONSISTENCY BETWEEN THE CITY’S CIRCULATION ELEMENT AND THE MASTER PLAN OF ARTERIAL HIGHWAYS AND CONCURRENCE WITH EXISTING TRANSPORTATION SYSTEM IMPROVEMENT AREA FEE PROGRAM - Public Works Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING CONSISTENCY BETWEEN THE CIRCULATION ELEMENT OF THE CITY OF SANTA ANA AND THE MASTER PLAN OF ARTERIAL HIGHWAYS PUBLIC HEARINGS 75A PUBLIC HEARING: ADOPTION OF TWO-YEAR BUDGET FISCAL YEARS 2013-15; MISCELLANEOUS FEE INCREASES AND CITY’S BASIC CLASSIFICATION AND COMPENSATION PLANS - City Manager's Office and Finance & Management Services Legal Notice published in the Orange County Register on May 24 and 31, 2013. RECOMMENDED ACTIONS: 1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING JULY 1, 2013 2. Adopt resolutions. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2013-2014 AND REPEALING IN PART RESOLUTION NO. 2012-022 CITY COUNCIL AGENDA 11 JUNE 3, 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110, 91-066 AND 96-095 TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLANS 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 - AB1234 Disclosure: This is also the time for members of the Council to provide a brief oral report on any conference, meeting or travel paid for by the City. If more than one Councilmember attended the same event, the Mayor may designate one attendee to give the report. ORAL REPORTS FROM REGIONAL BOARDS: Representative Board Mayor Pulido ?Orange County Transportation Authority (OCTA) ?South Coast Air Quality Management District (AQMD) Mayor Pro Tem Tinajero ?Orange County Fire Authority (OFCA) Councilmember Benavides ?OC Sanitation District Councilmember Martinez ?Newport Bay Watershed Executive Committee ?Southern California Association of Governments (SCAG) * ?Transportation Corridor Agencies (TCA) Councilmember Sarmiento ?OC Water District ?S.A./Orange T.S.I.A. ?S.A./Tustin T.S.I.A. ADJOURNMENT - The next meeting of the City Council is scheduled for Monday, June 17, 2013 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. FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Ordinance Addressing Homeless Shelters as per Requirements in SB 2 • Study Session on Entertainment Ordinance • Public Hearing on Sexlinger Property • Adoption of Strategic Plan • Harbor Blvd. Mixed-Use Plan CITY COUNCIL AGENDA 12 JUNE 3, 2013