City of Santa Ana
City Council Meeting

Agenda
Tuesday, January 22, 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 Tinajero
Mayor Pro Tem - Ward 6

Michele Martinez
Councilmember - Ward 2

P. David Benavides
Councilmember - Ward 4

 

Vincent F. Sarmiento
Councilmember - Ward 1

Angelica Amezcua
Councilmember Elect – Ward 3

Roman A. Reyna
Councilmember Elect – Ward 5

Sonia R. Carvalho
City Attorney
Paul M. Walters
City Manager
Maria D. Huizar
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 item listed on the Special Agenda.

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 City Council 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 OF SANTA ANA

CITY COUNCIL
CLOSED SESSION MEETING

AGENDA

 

5:00 P.M.
TUESDAY, JANUARY 22, 2013

 

City Council Chamber
22 Civic Center Plaza
Santa Ana, California  92702

 

CALL TO ORDER                                               Mayor PULIDO

Councilmembers AMEZCUA, BENAVIDES, MARTINEZ, REYNA, SARMIENTO, TINAJERO

City Manager, City Attorney, Clerk of the Council

 

PUBLIC COMMENTS  - Members of the public may address the City Council on items on the Closed Session Agenda.

 

CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1A                    CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a)

 

 

 

 

 

1B                    CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b)

 

 

1C                   PUBLIC EMPLOYEE evaluation of performance AND/OR POTENTIAL dismissal/RELEASE pursuant to Government Code Section 54957(b)(1)

Title: City Manager

 

1D                   PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957

                        Title: City Attorney

 

1E                    CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 

                        Agency Negotiators:                     Personnel Services Executive Director, Ed Raya

                        Employee Organizations:             Service Employees’ International Union (SEIU) Full-Time Employees

 

CLOSED SESSION REPORT  - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting.

 

Adjourn Closed Session and convene to the Regular Open Session.

 

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.

 

Text Box: CONSENT CALENDAR 

 

 


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:

 

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:   

 

 

 

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:

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

 

 

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:  

 

 

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:  

 

 

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

 

 

**END OF CONSENT CALENDAR**

 

 

Text Box: BUSINESS 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:

                              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              

 

RESOLUTIONS

55A                 RESTRUCTURE CITY COUNCIL COMMITTEES AND APPOINT MEMBERS - Clerk of the Council Office

RECOMMENDED ACTIONS: 

 

 

*Pulido requested consideration of appointment to the Development and Transportation Committee

 

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