CITY OF SANTA ANA
CITY COUNCIL REGULAR OPEN MEETING
JANUARY 22, 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 JERRY HILL, Police Chaplain
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.
Recommended Action: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25D.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE SPECIAL MEETING OF DECEMBER 21, 2012 - Clerk of the Council Office
Recommended Action: Approve Minutes.
10B MINUTES FROM THE SPECIAL CLOSED MEETING OF DECEMBER 27, 2012 - Clerk of the Council Office
Recommended Action: Approve Minutes.
10C MINUTES FROM THE REGULAR MEETING OF JANUARY 7, 2013 - Clerk of the Council Office
Recommended Action: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13B NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSION FOR A FULL TERM EXPIRING DECEMBER, 2016 – Clerk of the Council
RECOMMENDED ACTION: Reappoint.
Name Board/Commission
1. Laurence Hitterdale Historic Resources Commission
2. Salvador Nicholas Tinajero, Jr. Youth Commission – Associate
3. Maria Isabel Rivera Personnel Board
4. Elizabeth S. Castelan Youth Commission - Alternate
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
19B EXCUSED ABSENCES - Clerk of the Council Office
19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services
RECOMMENDED ACTION: Receive and file the Quarterly Report of Contracts entered into between July 1, 2012 to September 30, 2012 valued at $25,000 and less.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A AGREEMENT AND APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT FROM COUNTY OF ORANGE FOR POST RELEASE COMMUNITY SUPERVISION – Police Department
Recommended ActionS:
- AGMT - Authorize the Chief of Police to sign the Memorandum of Understanding between the City of Santa Ana and the County of Orange for Public Safety Realignment and Post release Community Supervision cost reimbursement.
- Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-76 for reimbursement costs from the County of Orange in the amount of $408,974.66 into the revenue account and appropriate same into the expenditure account.
20B AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR CARNIVALS AT CITY OWNED PARKS - Parks, Recreation & Community Services Agency
Recommended Actions:
- Authorize the City Manager and Clerk of the Council to execute agreements subject to non-substantive changes approved by the City Manager and City Attorney:
- AGMT - AMENDMENT - With Fiesta de Carnival in an amount of $22,500 for a one-year term,
- AGMT - AMENDMENT - With “O” Entertainment in an amount of $15,250 for a one-year term,
- AGMT - AMENDMENT - With Robert Acosta & Associates in an amount of $4,500 for a one-year term.
- Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-77 - recognizing projected carnival revenue in the amount of $42,250 in the Recreation Special Fees and Donations revenue account and appropriate funds to the Recreation Special Fees and Donations expenditure account.
20C AGREEMENT AND APPROPRIATION ADJUSTMENT FOR UPDATING THE STORM DRAIN MASTER PLAN - Public Works Agency
Recommended ActionS:
- AGMT - Authorize the City Manager and the Clerk of the City Council to execute an agreement with RBF Consulting in an amount not to exceed $384,900, subject to non-substantive changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-82 recognizing $71,325 in current year funds received from fees collected and interest earned in the Local Drainage Area Fund revenue accounts and appropriating same into the respective Local Drainage Area Fund expenditure accounts.
20D AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR LED STREET LIGHTS (NO-COST FUNDING) - Public Works Agency
- Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney:
- AGMT - With Sierra Pacific Electrical Contracting to provide and install 1,123 LED street lights for an amount not to exceed $700,000
- AGMT - Southern California Edison to provide no-cost funding through On-Bill Financing for the LED street lights
- Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-075 - recognizing $693,027 in funding from Southern California Edison into the Energy Conservation revenue account and appropriating the same amount to the Energy Conservation expenditure account for the installation of LED street lights.
20E CONTRACT AWARD TO ALL AMERICAN ASPHALT FOR BRISTOL STREET WIDENING FROM 2ND TO 10TH STREETS AND WATER AND SEWER MAIN IMPROVEMENTS FROM 3RD TO 10TH STREETS (PROJECT NOS. 081700, 126421 & 126422 ) AND APPROPRIATION ADJUSTMENT - Public Works Agency
RECOMMENDED ACTIONS:
- Award a construction contract to the lowest bidder, All American Asphalt, Inc., for the Bristol Street widening from 2nd to 10th Streets, and for the water and sewer system improvements from 3rd to 10th Streets, in accordance with their bid in the amount of $6,169,256.
- Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of $7,711,582.
- Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2013-081 -Accepting Orange County Transportation Authority Comprehensive Transportation Funding Programs Measure M2 Arterial Capacity Enhancements allocation in the amount of $3,120,000 into the Measure M Street Construction revenue account and appropriating the same to the Measure M2 Street Construction expenditure account. Also, accepting Orange County Transportation Authority Prop 1B Bond funding in the amount of $3,120,000 into the Prop 1B Bond revenue account and appropriating the same to the Prop 1B Bond expenditure account, for the Bristol Street Widening Project (No. 08-1700).
SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES
Recommended Action: Award in accordance with Request for Council Action. (Items 22A and 22B)
22A SPEC. NO. 12-076 - WASH AND FILL SAND - Award a contract to West Coast Sand and Gravel, Inc. for a one-year period, with provisions for four one-year renewals, in an annual amount not to exceed $50,000 (Public Works Agency) - Finance & Management Services
22B SPEC NO. 09-001 & 09-035 - COLD WATER METERS - Renew the contract with Badger Meter, Inc. for a one-year period in an amount not to exceed $300,000 (Public Works Agency) - Finance & Management Services
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD TO SIEMENS INDUSTRY, INC., FOR TRAFFIC SIGNAL INSTALLATION AT FAIRVIEW STREET & EDNA DRIVE, AND TRAFFIC SIGNAL MODIFICATIONS AT MCFADDEN AVENUE & EUCLID STREET (PROJECT NOS. 126758 AND 126759) - Public Works Agency
RECOMMENDED ACTIONS:
- Award a contract to the lowest responsible bidder, Siemens Industry, Inc., in accordance with the Base Bid plus Add Alternate A, in the total of $530,215.25, for the installation of a traffic signal at Fairview Street and Edna Drive, and traffic signal modifications at McFadden Avenue and Euclid Street.
- Approve the Cost and Funding Analysis as shown in Exhibit 1 for a total estimated project delivery cost of $662,700.
AGREEMENTS
Recommended Action: Authorize the City Manager and Clerk of 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 25D)
25A AGMT - PLANNING AND ENVIRONMENTAL SERVICES FOR THE GENERAL PLAN HOUSING ELEMENT UPDATE - With The Planning Center/DC & E in an amount not to exceed $141,330 - Planning and Building Agency and Community Development Agency
25B AGMT - ANNUAL MAINTENANCE AND ON-CALL SERVICES FOR THE CITY’S TRAFFIC SIGNAL SYSTEM - With Telvent USA, LLC, in an amount of $70,000 annually with the option to extend for two one-year contracts - Public Works Agency
25C AGMT – PURCHASE EASEMENT FOR CITY-OWNED SANITARY SEWER FACILITIES WITHIN ORANGE COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY - With the Orange County Flood Control District - Public Works Agency
25D IMPLEMENTATION OF REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS (136789 AND 136790) - Public Works Agency
- AGMT – COOPERATIVE NO. C-2-1992 - With the Orange County Transportation Authority
- AGMT – COOPERATIVE NO. C-2-2030 - With the Orange County Transportation Authority
**END OF CONSENT CALENDAR**
ORDINANCES/FIRST READING
50A ORDINANCE TO REPEAL ARTICLE XX DISESTABLISHING THE DOWNTOWN COMMUNITY MANAGEMENT DISTRICT AND DIRECTION REGARDING REACTIVATION OF DOWNTOWN BID – City Manager’s Office
RECOMMENDED ACTIONS:
- Place ordinance on first reading and authorize publication of title.
AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE RELATING TO COMMUNITY MANAGEMENT DISTRICTS
- Direct staff to undertake activities to allow consideration of reactivation of the Downtown Santa Ana Business Improvement District (BID).
RESOLUTIONS
55A RESTRUCTURE CITY COUNCIL COMMITTEES AND APPOINT MEMBERS - Clerk of the Council Office
RECOMMENDED ACTIONS:
- Approve the Ad Hoc Committee’s (Councilmembers Martinez and Sarmiento) recommendation to consolidate the City Council Committees and establish the following five:
- Development and Transportation Committee
- Public Safety and Neighborhood Improvement Committee
- Parks, Recreation, Education & Youth (PREY) Committee; and Joint Santa Ana Unified School District /City Council Committee
- Code of Ethics and Conduct Committee
- Finance, Economic Development and Technology Committee
- Adopt a resolution restructuring the City Council Committees and amending the appointing authority.
- Approve the Ad Hoc Committee’s recommendation to appoint the following members:
- Development and Transportation Committee
- Benavides, Sarmiento, Martinez
*Pulido requested consideration of appointment to the Development and Transportation Committee
- Public Safety and Neighborhood Improvement Committee
- Benavides, Martinez, Reyna
- Parks, Recreation, Education & Youth (PREY) Committee; and Joint Santa Ana Unified School District /City Council Committee
- Code of Ethics and Conduct Committee
- Finance, Economic Development and Technology Committee
- Sarmiento, Martinez, Benavides
PUBLIC HEARINGS
75A PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR GRAND AVENUE WIDENING PROPERTIES LOCATED WITHIN THE CITY OF SANTA ANA, 202-218 NORTH GRAND AVENUE (APN 398-453-05) AND 1214 EAST THIRD STREET (APN 398-453-05); (PROJECT NO. 081732 NONGENERAL FUND) - Public Works Agency
Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on December 19, 2012.
Item continued from the January 7, 2013 City Council Meeting.
RECOMMENDED ACTION: Adopt a resolution. (Requires a two-thirds vote.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 202-218 N. Grand Avenue and 1214 E. 3rd Street (APN 398-453-05 and 398-453-06)
75B PUBLIC HEARING – RESOLUTION AUTHORIZING CONDEMNATION OF BILLBOARD AND REAL PROPERTY FOR GRAND AVENUE WIDENING (PROJECT NO. 081732, NON-GENERAL FUND) - Public Works Agency
Notice of Hearing letter regarding acquisition of property (“Billboards”) and real property by eminent domain mailed to property owners on January 7, 2013.
RECOMMENDED ACTION: Adopt a resolution. (Requires a two-thirds vote.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1221 E. THIRD STREET (APN 398-385-05) and Outdoor Poster Panel (Face # 004517 & 004518) LOCATED AT 1221 E. THIRD STREET
75C PUBLIC HEARING – RESOLUTION AUTHORIZING CONDEMNATION OF BILLBOARD FOR GRAND AVENUE WIDENING (PROJECT NO. 081732, NON-GENERAL FUND) - Public Works Agency
Notice of Hearing letter regarding acquisition of property (“Billboards”) by eminent domain mailed to property owners on January 7, 2013.
RECOMMENDED ACTION: Adopt a resolution. (Requires a two-thirds vote.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF Outdoor Poster Panel (Face # 004519 & 005865) LOCATED WITHIN THE CITY OF SANTA ANA AT 119 N. GRAND AVENUE
75D PUBLIC HEARING - BUSINESS LICENSE TAX PENALTY ABATEMENT ORDINANCE - Finance & Management Services
Legal Notice published in the Orange County Register on January 13, 2013.
RECOMMENDED ACTION: Place ordinance on first reading and authorize publication of title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A BUSINESS LICENSE TAX PENALTY ABATEMENT PROCEDURE AND AMENDING SECTIONS 21-3, 21-12, 21-16, 21-25, 21-41, 21-43, 21-44, 21-60, 21-64, 21-83, 21-85, 21-100, 21-115, 21-122, 21-123, 21-124, 21-125 RELATING TO ADMINISTRATIVE PROVISIONS OF CHAPTER 21, THE BUSINESS LICENSE TAX CODE, AND ADDING SECTIONS 21-93.1 RELATING TO ENFORCEMENT AND COLLECTION AND SECTION 21-118.1 RELATING TO DEPOSIT ADJUSTMENT AND SECTIONS 21-119.1, RELATING TO LIMITED LIABILITY OF HOLDING COMPANIES AND PASS-THROUGH ENTITIES AND SECTIONS 21-119.2 AND 21-119.3 AND 21-120h ESTABLISHING AN ALTERNATIVE ELECTIVE FLAT RATE BUSINESS LICENSE TAX ASSESSMENT FOR HOME-BASED BUSINESSES
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.
ADJOURNMENT - The next meeting of the City Council is scheduled for Monday, February 4, 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 Update and Action items
- Update Citywide Classification and Compensation Plan
- Ordinance Addressing Homeless Shelters as per Requirements in SB 2
- Contracting Agreement for Specified Police Support Services
