City Council Meeting Agenda

Agenda
February 4, 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.
FEBRUARY 4, 2012

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)

One Matter

 

1C                   PUBLIC EMPLOYEE APPOINTMENT OF INTERIM pursuant to Government Code Section 54957(b)(1)

Title:  City Manager

 

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

FEBRUARY 4, 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                                               Tim Felker, Police Chaplain

 

PRESENTATIONS

SPECIAL PRESENTATION - Orange County Human Relations Commission Annual Report - Dr. Gupreet Ahuja

 

PROCLAMATION presented by MAYOR PULIDO in recognition of Korean American Day January 13, 2013 to the Korean American Federation of Orange County - Dr. Andrew Oh, President and Joe Pak, Member, National Council on Disability; Orange County Korean Police Booster Association - Kent Na, President; World Dokdo Love Federation - Lydia Nanhyang Yoon, President; Shalom Women’s Choir of Orange County - Grace Lee, President; One Heart Women’s Service Club of Orange County - Dr. Jung Ja Lee, President; Korean American Festival Foundation Orange County - Woo Jin Park, Vice President; Korean American Sports Commission of Orange County - Ho Sik Myung, President; Arirang Women’s Choir - Maria Kim, President;  Korean American Forum of California - Joachim Youn, President; and KBC – TV America - Chang Joon Choi, President.

 

CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Phil Soma and Orange County Habitat for Humanity for providing needed assistance to the restructuring of the Bishop Manor carport.

 

CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to John Bishop of Famous Dave’s BBQ and Antonio Chaidez, Bella Cuba Restaurant for bringing great new restaurants to Santa Ana.

 

CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the members of the Minnie Street Family Resource Center Community Engagement Advisory Committee and their collaborative partners for their proactive community leadership in making a difference in their community. 

            Anahi Alvarez
America Banda
Claudia Flores
Rocio Guzman
Juana Ortega
Lourdes Piedra
Elizabeth Reyes
Catalina Soto
Soledad Valentin
Francisca Valentin
Yadira Viveros

            Claudia Flores
Victoria Zaragoza

            Child Guidance Center (accepting will be Victoria Zaragoza)
City of Santa Ana Neighborhood Improvement - Scott Kutner
Cornerstone Village Property Owners Association - Mr. Barry Cottle
Cornerstone Village Neighborhood Association (accepting will be Victoria
Zaragoza)
Families and Communities Together – Joythi Alturi, Program Manager       Human Options (accepting will be Rebecca Segura)
Santa Ana Unified School District (accepting will be Kennedy Elementary
School Principal Mrs. Muse)
Santa Ana Unified School District Campus Police Chief David Valentin
Santa Ana Police Department Commander Ken Gominsky
Cambodian Family (accepting will be Mike Murtaugh).

 

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 25F.

 

ADMINISTRATIVE MATTERS

MINUTES

10A                 MINUTES FROM THE REGULAR MEETING OF JANUARY 22, 2013 - Clerk of the Council Office

                        Recommended Action:    Approve Minutes.

 

10B                 MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF JANUARY 24, 2013 - Clerk of the Council Office

                        Recommended Action:    Approve Minutes.

10C                 MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF JANUARY 29, 2013 - Clerk of the Council Office

                        Recommended Action:    Approve Minutes.

ORDINANCES/SECOND READING
In the event a Councilmember recorded an “abstention” before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading.

11A                 BUSINESS LICENSE TAX PENALTY ABATEMENT ORDINANCE - Finance & Management Services

Placed on first reading at the January 22, 2013 City Council meeting and approved by a vote of 7-0.

                        Published in the Orange County Reporter on January 25, 2013.

RECOMMENDED ACTION: Place ordinance on second reading and adopt.

ordinance no. ns-2841 - 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 AND ADDING SECTIONS 21-80.1 AND 21-83.1 RELATING TO ADMINISTRATIVE PROVISIONS OF CHAPTER 21, THE BUSINESS LICENSE TAX CODE, AND ADDING SECTION 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

 

11B                 ORDINANCE TO REPEAL ARTICLE XX DISESTABLISHING THE DOWNTOWN COMMUNITY MANAGEMENT DISTRICT - City Attorney's Office

Placed on first reading at the January 22, 2013 City Council meeting and approved by a vote of 6-0 (Martinez abstained).

                        Published in the Orange County Reporter on January 25, 2013.

RECOMMENDED ACTION: Place ordinance on second reading and adopt.  

ORDINANCE NO. NS-2842 - 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

BOARDS / COMMISSIONS / COMMITTEES

13A                 NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSION FOR A FULL TERM EXPIRING DECEMBER 13, 2016 – Clerk of the Council Office

RECOMMENDED ACTION:  Reappoint.

      Name                                                       Board/Commission
1.   Kenneth Nguyen                                   Board of Recreation and Parks
2.   Eric M. Alderete                                      Planning Commission

 

13B                 NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE TO THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) FOR A FULL TERM EXPIRING DECEMBER 13, 2016 – Clerk of the Council

RECOMMENDED ACTION:  Appoint.

Name                                                             Ward Reside
Desi Reyes                                                              1
(Replace K. Olson)

 

13C                 NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE TO THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) FOR A FULL TERM EXPIRING DECEMBER 13, 2016 – Clerk of the Council Office

RECOMMENDED ACTION:  Appoint.

Name                                                             Ward Reside
Daniel Oregel                                                          3

 

MISCELLANEOUS ADMINISTRATION

19A                 CLOSED SESSION REPORT – City Attorney’s Office

 

19B                 EXCUSED ABSENCES – Clerk of the Council Office

 

19C                 QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2012 - Finance & Management Services

RECOMMENDED ACTION: Receive and file.

19D                 REQUEST FOR PROPOSALS FOR PLANNING AND ENVIRONMENTAL SERVICES FOR DEVELOPMENT PROJECT LOCATED AT 301 EAST JEANNETTE LANE - Planning and Building Agency

RECOMMENDED ACTION: Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide planning and environmental services for a development project located at 301 East Jeannette Lane.

 

BUDGETARY MATTERS

 

APPROPRIATION ADJUSTMENTS

20A                 APPROPRIATION ADJUSTMENT ACCEPTING FY 2012 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS - Police Department

                        Recommended ActionS:   

 

      AGMT - With the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, training and exercises authorized under the FY 2012 Urban Areas Security Initiative in an amount not to exceed $1,218,215.

 

APPROPRIATION ADJUSTMENT NO. 2013-086 - Recognizing the FY 2012 Urban Areas Security Initiative in an amount of $1,218,215 in revenue account and appropriate same in the FY 2010 Urban Areas Security Initiative Program Grant expenditure accounts.

 

20B                 AGREEMENT FOR A COMMUNITY STORIES GRANT FUND AND APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES ENHANCEMENT - Parks, Recreation & Community Services Agency

                        Recommended Actions:     

 

AGMT - With the California Council for the Humanities in an amount of $10,000 for a Community Stories grant to fund The Raitt Street Chronicles: A Survivors Oral History project.

 

APPROPRIATION ADJUSTMENT NO. 2013-83 Recognizing $10,000 from the California Council for the Humanities in the revenue account and appropriating same to expenditure account.

 

20C                 APPROPRIATION ADJUSTMENTS TO THE FY 2012/2013 CAPITAL IMPROVEMENT PROGRAM FOR BRISTOL STREET WIDENING – PHASES IIIA AND IV (PROJECTS 136792 AND 116741) - Public Works Agency

                        Recommended Action:  Approve appropriation adjustments. (Requires five affirmative votes) 

 

 

SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES

Recommended Action:     Award in accordance with Request for Council Action.  (Items 22A and 22B)

22A                 SPEC. NO. 12-058 - REPROGRAPHIC PAPER AND ENVELOPES - Award a contract to Liberty Paper for a one-year period, with provision for three one-year renewals, in an annual amount not to exceed $90,000 (Police Department) - Finance & Management Services

 

 

22B                 SPEC. NO. 13-001 - ANTIQUE STYLE STREET LIGHTS - Award a contract to Pacific Lighting Sales, Inc. in an amount not to exceed $165,000 (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

                        Continued from the  January 22, 2013 City  Council meeting by a vote of 7-0.

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 25F)

25A                 AGMT - AMENDMENT - ADULT CROSSING PROGRAM THROUGHOUT THE CITY - With All City Management Services Inc. (ACMS), in an amount not to exceed $850,000 - Police Department

25B                 AGMT - AMENDMENT - ENVIRONMENTAL SERVICES FOR THE WIDENING OF WARNER AVENUE FROM MAIN STREET TO GRAND AVENUE (PROJECT NO. 091749) - Restated agreement with The Planning Center, in an amount of $72,619 plus a contingency of $25,000, for a total agreement not to exceed $640,966, and extend the term of the agreement to June 30, 2014 - Public Works Agency

 

25C                 AGMT - AMENDMENT - PREPARATION OF A SANITARY SEWER AND WATER FINANCIAL PLAN - With Black & Veatch Corporation in an amount not to exceed $150,000 - Public Works Agency

 

25D                 AGMT - AMENDMENT - GRAFFITI REMOVAL SERVICES - With Graffiti Protective Coatings, Inc., in an amount not to exceed $600,000, for the period of March 1, 2013, through February 28, 2014 - Public Works Agency

 

25E                 AGMT - PUBLIC EDUCATION SERVICES (GRANT FUNDING) - With the Discovery Science Center, in an amount of $120,000 annually for a two-year period, to be paid for with CalRecycle grant funding - Public Works Agency

 

25F                 AGMT - AMENDMENT - PROVIDE CLASS SOFTWARE MAINTENANCE AND SUPPORT - With Active Network in an amount of $11,017 and will add a $2,000 contingency for the on-line registration project for unanticipated work, for a total not to exceed amount of $34,981 - Parks, Recreation & Community Services Agency

 

**END OF CONSENT CALENDAR**

 

 

Text Box: BUSINESS CALENDAR 

 


RESOLUTIONS

55A                 ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM GRANT APPLICATION - Public Works Agency

RECOMMENDED ACTION:  Adopt a resolution.   

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF AN APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM GRANT FUNDS TO THE CALIFORNIA NATURAL RESOURCES AGENCY FOR THE LINCOLN AVENUE SAFETY PATHWAY – PARK LANE TO SANTIAGO PARK PROJECT

 

55B                 AUTHORIZING DONATION TO SANTA ANA HISTORICAL PRESERVATION SOCIETY FOR SANTA ANA FIRE MUSEUM AND APPROVAL OF LICENSE AGREEMENT - City Manager's Office

RECOMMENDED ACTIONS:  

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING 1) THE DONATION OF A 1921 SEAGRAVE FIRE TRUCK AND $5,000 TO THE SANTA ANA FIRE MUSEUM AND 2) APPROVAL OF A LICENSE AGREEMENT TO MAINTAIN A PLAQUE ON CITY PROPERTY

 

                              AGMT - With the Santa Ana Historical Preservation Society to maintain Santa Ana Fire Department memorial plaques on City property

 

55C                 MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATIVE - RESOLUTION AUTHORIZING REIMBURSEMENT TO THE COUNTY OF ORANGE, REGISTRAR OF VOTERS FOR PETITION SIGNATURE VERIFICATION SERVICES - Clerk of the Council Office

RECOMMENDED ACTIONS: 

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING REIMBURSEMENT TO THE COUNTY OF ORANGE FOR PETITION SIGNATURE VERIFICATION SERVICES RELATED TO THE MEDICAL CANNABIS INITIATIVE PETITION

 

PUBLIC HEARINGS

75A                 PUBLIC HEARING – ZONING ORDINANCE AMENDMENT NO. 2012-03 TO ALLOW MODIFICATIONS TO CHAPTERS 41 AND 11 OF THE SANTA ANA MUNICIPAL CODE (SAMC) RELATED TO ALCOHOL SALES AND ENTERTAINMENT CITYWIDE - Planning and Building Agency

Legal Notice published in the Orange County Reporter on November 23, 2012.

                        Item continued from the December 3, 2012 Council meeting per staff request by a vote of 7-0.

Legal Notice published in the Orange County Reporter on January 25, 2013.

Matter was considered by the Public Safety Council Committee on January 29, 2013.

RECOMMENDED ACTION:  Pursuant to direction from the Public Safety Council Committee, continue to the March 4, 2013 City Council meeting.

 

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.

 

ADJOURNMENT  -             The next meeting of the City Council is scheduled for Tuesday, February 19, 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