City Council Meeting

Agenda

December 3, 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 Alvarez

 

Vincent F. Sarmiento

Mayor Pro Tem – Ward 5

 

Councilmember - Ward 1

Michele Martinez

 

Carlos Bustamante

Councilmember - Ward 2

 

Councilmember - Ward 3

P. David Benavides

 

Sal Tinajero

Councilmember - Ward 4

 

Councilmember - Ward 6

Sonia R. Carvalho

Paul M. Walters

Maria 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 OF SANTA ANA

CITY COUNCIL
CLOSED SESSION MEETING

AGENDA

 

5:00 P.M.
DECEMBER 3, 2012

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

 

CALL TO ORDER                                             Mayor PULIDO

Councilmembers ALVAREZ, BENAVIDES, BUSTAMANTE, MARTINEZ, 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                   CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 

                        Agency Negotiators:                     Personnel Services Executive Director, Ed Raya

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

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

DECEMBER 3, 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

EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:

20 YEARS OF SERVICE                           Frank B. Fajardo, Police Officer, Police Department

                                                                        Donna L. Estrada, Correctional Supervisor, Police Department

25 YEARS OF SERVICE                           James J. Schnabl, Police Lieutenant, Police Department

Jose L. Martinez, Maintenance Worker II, Public Works Agency

Jesus G. De La Barcena, Police Officer, Police Department

Luisa Mendoza, Payroll Technician, Finance & Management Services

35 YEARS OF SERVICE                           Gloria A. Perez, Police Service Officer, Police Department

 

CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO for Gene Goldsman Law Offices architectural improvements and exceptional renovations to the property.  Arik Shafir, Esq. from the Gene Goldsman Law Offices will be accepting the certificate.

 

CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ recognizing individuals and organizations that have made outstanding contributions to the community in Public Safety, Business, Education, Arts, Labor and Neighborhood Leadership.

 

 

 

 

BOARDS AND COMMISSIONS RECOGNITION presented by MAYOR PRO TEM ALVAREZ recognizing current and former commissioners for their invaluable service on City of Santa Ana Boards and Commissions:

NAME

RECOGNITION

BOARD/COMMISSION

 

Lisa Bist

 

City Seal Tile

 

Community Redevelopment & Housing Commission

Max Madrid

City Portfolio

Board of Parks & Recreation

Thomas P. Morrissey

City Seal Tile

Environmental & Transportation Advisory Committee (ETAC)

Frank Acosta

 

City Seal Tile

Planning Commission

 

NAME

 

RECOGNITION

 

BOARD/COMMISSION

 

Katherine A.  Mitchell

 

Certificate of Recognition

 

Youth Commission

Nelida Mendoza Yanez (former commissioner)

City Seal Tile

Community Redevelopment & Housing Commission

Jessica Amezcua (former commissioner)

City Seal Tile

Early Prevention & Intervention Commission (EPIC)

Dr. Alfonso Bustamante (former commissioner)

City Seal Tile

Historic Resources Commission

 

Ernesto G. Figueroa (former commissioner)

City Seal Tile

Human Relations Commission

Daniel Hernandez (former commissioner)

City Seal Tile

Human Relations Commission

Jose Rea
(former boardmember)

City Seal Tile

Library Board

Luisa Ruiz
(former boardmember)

City Seal Tile

Library Board

 

Eva M. Lombardo (former boardmember)

City Seal Tile

Personnel Board

Robert J. MacCleod (former boardmember)

City Seal Tile

Personnel Board

Chris M. Leo
(former commissioner)

City Portfolio

Planning Commission

Carina Ruvalcaba (former commissioner)

Certificate of Recognition

Youth Commission

 

 

 

 

 

BOARDS AND COMMISSIONS RECOGNITION presented by COUNCILMEMBER BUSTAMANTE recognizing current commissioners for their invaluable service on City of Santa Ana Boards and Commissions:

NAME

RECOGNITION

BOARD/COMMISSION

 

Gerald A. Tiritilli

 

Certificate of Recognition

 

Board of Recreation & Parks

 

Dennis W. Wootan

Certificate of Recognition

Community Redevelopment & Housing Commission

 

Daniel Oregal

 

City Seal Tile

 

Environmental & Transportation Advisory Committee (ETAC)

Blair O’Callaghan

City Seal Tile

Historic Resources Commission

Christine Korthuis

City Seal Tile

Personnel Board

James R. Gartner

City Seal Tile

Planning Commission

Joey Michelle Madrid

City Seal Tile

Youth Commission

 

PROCLAMATION presented by COUNCILMEMBER MARTINEZ in recognition of Kenneth Pierre “Cheerios” for his uplifting spirit and generosity to the community.  Proclamation will be accepted by Patricia Johnson, caretaker for Kenneth Pierre.

 

CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Robert Sanchez of The Law Offices of Alfredo Amezcua, Santa Ana Police Sergeant Dennis Rios and Santa Ana Fire Department Engineer Robert Lacy for providing additional care and support of Kenneth Pierre.

 

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 31B.

 

ADMINISTRATIVE MATTERS

MINUTES

10A                 MINUTES FROM THE REGULAR MEETING OF NOVEMBER 19, 2012 - 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                 ZONING ORDINANCE AMENDMENT NO. 2012-02 TO AMEND SPECIFIC DEVELOPMENT NO. 65 TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET - Planning and Building Agency

Placed on first reading at the November 19, 2012 City Council meeting and approved by a vote of 7-0.

                        Published in the Orange County Reporter on November 23, 2012.

 

RECOMMENDED ACTION: Place ordinance on second reading and adopt.  

ORDINANCE NO. NS-2840 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 65 (SD-65) to allow the Renovation and Expansion of the Discovery Science Center At 2500 North Main Street (ZOA NO. 2012-02)

 

BOARDS / COMMISSIONS / COMMITTEES

13A                 APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD - Community Development Agency

RECOMMENDED ACTION: Appoint Nathan Nishimoto, Director, Family Self-Sufficiency Division, replacing Maritza Rodriquez Farr, as the Orange County Social Services Agency representative on the Santa Ana Workforce Investment Board.

 

MISCELLANEOUS ADMINISTRATION

19A                 CLOSED SESSION REPORT – City Attorney’s Office

 

19B                 EXCUSED ABSENCES – Clerk of the Council Office

 

BUDGETARY MATTERS

 

APPROPRIATION ADJUSTMENTS

20A                 ACCEPTING DEVELOPER CONTRIBUTION FUNDS FOR A BUS PAD AT THE NORTHEAST CORNER OF MCFADDEN AND GRAND - Public Works Agency

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

                        APPROPRIATION ADJUSTMENT NO. 2013-066 - Accepting a developer contribution in an amount of $27,700 into the Select Street Construction revenue account and appropriate the funds to the Select Street Construction expenditure account for the Lyon Street Rehabilitation Project (Project 12-6775).

 

SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES

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

22A                 SPEC. NO. 12-069 - COMMVAULT PREMIER COMPUTER SUPPORT AND MAINTENANCE RENEWAL - Award a contract to En Pointe Technologies Sales Inc. in an annual amount not to exceed $40,000, with an option to extend for up to three additional one-year renewals - Finance & Management Services

 

22B                 SPEC. NO. 12-070 - TACTICAL BODY ARMOR VESTS - Award a contract to Adamson Police Products for the purchase of tactical body armor vests in an amount of $33,700; and an annual blanket contract in an amount of $25,000 to provide miscellaneous police equipment and traffic flares, for a total annual amount not to exceed $58,700 (Police Department) - Finance & Management Services

 

22C                 SPEC. NO. 12-073 - TREATING SANITARY SEWER MANHOLES - Award a contract to Golden Bell Products, Inc. for a one-year period, with provision for three one-year renewals, in an annual amount not to exceed $50,000 (Public Works Agency) - Finance & Management Services

 

22D                 SPEC. NO. 12-074 - POLICE VEHICLE CONVERSION PARTS AND EQUIPMENT -  Amend the contracts to increase the aggregate limit of each vendor by the following amount: (Finance & Management Services)

                                    Vendor                                   Location                     Amount
Go Rhino Products              Brea                            $22,000
Federal Signal Corp.           Anaheim                    $36,000
Power Guardian, Inc.          North Plains, OR      $  9,000

 

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 25E)

25A                 AGMT - AMENDMENT - PROVIDE AUTOMATED PARKING CITATION PROCESSING SYSTEM - With  Phoenix Group Information Systems, for a one-year extension in an amount not to exceed $250,000 - Police Department, Public Works Agency and Community Development Agency

25B                 FEDERAL TRANSIT AUTHORITY SECTION 5307 FUNDING FOR SECURE BIKE PARKING SYSTEMS PROJECT 13-6791 - Public Works Agency; Parks, Recreation, & Community Services Agency

 

 

25C                 AGMT - AMENDMENT - REIMBURSEMENT OF CONSTRUCTION COST AT WILLARD INTERMEDIATE PARK -  With the Santa Ana Unified School District - Parks, Recreation & Community Services Agency

 

25D                 AGMT - AMENDMENT - JANITORIAL MAINTENANCE SERVICES - With Able Building Maintenance Company for a six-month extension not to exceed amount $185,000 - Police Department

 

25E                 AGMT - MAINTENANCE OF THE SANTA ANA STADIUM SCOREBOARD AND MARQUEE - With Daktronics, Inc. for a five-year period in an amount of $31,590 - Parks, Recreation & Community Services Agency

 

LAND USE MATTERS

 

CONDITIONAL USE PERMIT/VARIANCES

31A                 CONDITIONAL USE PERMIT NO. 2012-24 TO PERMIT AN INDOOR SPORTS FACILITY AT 1404 SOUTH VILLAGE WAY – AUSTRAILIAN SWIM SCHOOL, APPLICANT - Planning and Building Agency

Recommended action approved by the Planning Commission on November 13, 2012, by a vote of 5-0 (Acosta absent). 

RECOMMENDED ACTIONReceive and file the staff report approving Conditional Use Permit No. 2012-24 as conditioned.

 

 

31B                 VARIANCE NO. 2012-09 TO ALLOW A MONUMENT SIGN TO EXCEED THE ALLOWABLE HEIGHT, WIDTH AND SIGN AREA AT THE BROOKHOLLOW OFFICE PARK LOCATED AT 1500 EAST WARNER AVENUE – BROOKHOLLOW OFFICE PARK ASSOCIATION, APPLICANT - Planning and Building Agency

Recommended action approved by the Planning Commission on November 13, 2012, by a vote of 5-0 (Acosta absent).

RECOMMENDED ACTION:  Receive and file the staff report approving Variance No. 2012-09 as conditioned.

 

**END OF CONSENT CALENDAR**

 

RESOLUTIONS

55A                 RESOLUTION AFFIRMING THE ADOPTION OF MEASURE M2 YEAR-END EXPENDITURE REPORT - Public Works Agency

RECOMMENDED ACTION:  Adopt a resolution.   

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE FY 2011/12 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA

 

PUBLIC HEARINGS

75A                 PUBLIC HEARING - MODIFY CHAPTERS 41 AND 11 OF SAMC  RELATED TO ALCOHOL SALES AND ENTERTAINMENT (ZOA NO. 2012-03) - Planning and Building Agency

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

                        RECOMMENDED ACTION:  Continue consideration of matter to the February 4, 2013 City Council Meeting, at the request of staff.

 

 

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                 REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION POLICY - Mayor Pro Tem Alvarez and Councilmember Sal Tinajero

At the August 20, 2012 City Council meeting Mayor Pro Tem requested that item be placed on the September 4, 2012 Council meeting.  At the September 4, 2012 City Council meeting Mayor Pro Tem Alvarez requested item be agendized on the next City Council agenda for status report from staff.  At the September 17, 2012 City Council meeting Mayor Pro Tem Alvarez requested matter be re-agendized after October 2012 to receive update.  At the November 19, 2012 City Council meeting Mayor Pro Tem Alvarez requested matter to be agendized for further updates.

 

85B                 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, SETTING PUBLIC HEARING FOR DISESTABLISHMENT, AND ORDINANCE REPEALING PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (“PBID”) - Mayor Pro Tem Alvarez

                        Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2, August 6, 2012, September 4, 2012,  October 1, 2012, October 15, 2012, and November 19, 2012 City Council meetings.

 

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 Council Member attended the same event, the Mayor may designate one attendee to give the report.

 

ADJOURNMENT  -             To the Special Meeting of Tuesday, December 11, 2012 at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.

 

Adjourn in Memory of
Max Martinez

 

Future Agenda Items