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)
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)
- Donald Stow v. City of Santa Ana; WCAB Case No. unassigned
- Sandra and John Bitz v. City of Santa Ana, United States District Court Case # SACV12-1144 JVS (ANx)
- Del Castillo v. City of Santa Ana, Orange County Superior Court Case No. 30-2010-0038134.
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.
- Public Safety - Sergeant John Follo (Retired) for his outstanding achievement in developing the Santa Ana Police Department Strike Force.
- Business - Mike Harrah, owner and CEO of Caribou Industries, for his outstanding business development and investment in the Santa Ana community.
- Education - Think Together for its outstanding achievement in offering educational programs to enhance the development of Santa Ana students.
- Arts - Don Cribb for his outstanding contribution in championing the Arts in Santa Ana.
- Labor – Teamsters Local 952 for their commitment to improving the lives of union workers in the Santa Ana Community
- Neighborhood Leadership - Rene Guzman, Riverview West Neighborhood Association and Ruby Woo, Artesia Pilar Neighborhood Association, for their outstanding leadership in their respective neighborhoods and for strengthening neighborhood associations throughout the Santa Ana community.
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 |
City Seal Tile |
Library Board |
Luisa Ruiz |
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 |
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
- AGMT – COOPERATIVE AGREEMENT NO. C-2-1640 - With the Orange County Transportation Authority in an amount of $164,250, to provide Federal Transit Authority Section 5307 Funds for the Secure Bike Parking Systems project;
- Approve a Title VI Plan of the Civil Rights Act of 1964 as a condition of receiving Federal Transit Authority funding.
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 ACTION: Receive 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 futher 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
- Update on single-space parking meter field Trial PROGRAM
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
- Street Car Project Update and Action items
- Update Citywide Classification and Compensation Plan
- Ordinance Addressing Homeless Shelters as per Requirements in SB 2 (Senate Bill)