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HomeMy WebLinkAbout AGENDA_2013-12-02 City Council Meeting Agenda December 2, 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 MPulido@santa-ana.org Sal TinajeroVincent F. Sarmiento Mayor Pro Tem – Ward 6 Councilmember - Ward 1 STinajero@santa-ana.org VSarmiento@santa-ana.org Michele MartinezAngelica Amezcua Councilmember - Ward 2 Councilmember - Ward 3 MMartinez@santa-ana.org AAmezcua@santa-ana.org P. David Benavides Roman Reyna Councilmember - Ward 4Councilmember - Ward 5 DBenavides@santa-ana.org RReyna@santa-ana.org Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho David CavazosMaria 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, members of the public may address either the City Council or any of the City’s other related entities, such as the Housing Authority, Successor Agency or other legislative bodies, meeting in conjunction with this scheduled meeting. Public comments may be made on any and all matters within the City of Santa Ana's jurisdiction or the jurisdiction of the other related entities. 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 COUNCIL AGENDA 2 DECEMBER 2, 2013 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING DECEMBER 2, 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 CARLOS AYALA AND JAKELYNE CARRERA OF LOWELL ELEMENTARY SCHOOL INVOCATION SAM THOMPSON, POLICE CHAPLAIN PRESENTATIONS EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Ann Matulin, Jail Administrator, Police Department 35 YEARS OF SERVICE Gregorio O. Zul, General Maintenance Leader; Parks, Recreation and Community Services CERTIFICATES OF RECOGNITIONCOUNCILMEMBER MARTINEZ presented by to Latino Health Access CEO, America Bracho and the Wellness Corridor Steering Committee for their work on Wellness Corridor Project. Steering Committee :  Community Representatives :Zabdi Alvarez, Maria Andrade, Angie Aparicio, Alondra Campos, Mary Ann Castillo, Apolonio Cortes, Lupita Díaz, Sallie Gomez, Lorenzo Gonzalez, Jose Leal, Elba Lucero, Juan Carlos Macedo, Carlos Melendez, Adrian Munoz, Marisol Ocampo, Saul Ocampo, Jonathan Pantoja, Carlos Ramirez, Jeanette Rubio, Vicky Salgado, Carolina Sarmiento, Revel Sims, and Tixoc Ventura. CITY COUNCIL AGENDA 3 DECEMBER 2, 2013  Community Based Organizations : American Heart Association, Child Abuse Prevention Center, El Centro Cultural de Mexico, El Fenix, KidWorks, NeighborWorks Orange County, Orange County Bar Foundation and The Grain Project.  Business Representatives : Northgate Gonzalez Markets, Rancho de Mendoza, Road Less Traveled, St. Teresa’s Gift Shop, Teresa’s Jeweler, Wells Fargo, and the Yost Theatre.  Orange County Artist Community : Cal State Fullerton Grand Arts Central and Orange County Film Fiesta  County of Orange : Supervisor Janet Nguyen’s Office and Orange County Health Care Agency  State Representative : Senator Lou Correa’s Office  Health Sector : St. Joseph Health Care  Education Sector : Santa Ana Unified School District, Santa Ana College and University of California, Irvine. CERTIFICATE OF RECOGNITIONCOUNCILMEMBER REYNA presented by to Toyama Karate Academy owner Jerry Cazalez, for his community support and longevity in Santa Ana. CERTIFICATE OF RECOGNITIONCOUNCILMEMBER SARMIENTO presented by to Consul Alejandra Garcia Williams and the Mexican Consulate in recognition of their new office location and expansion to provide a larger facility to better serve Mexican nationals abroad. 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, members of the public may address either the City Council or any of the City’s other related entities, such as the Housing Authority, Successor Agency or other legislative bodies, meeting in conjunction with this scheduled meeting. Public comments may be made on any and all matters within the City of Santa Ana's jurisdiction or the jurisdiction of the other related entities. 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. CITY COUNCIL AGENDA 4 DECEMBER 2, 2013 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 CONSENT CALENDAR Approve staff recommendations on the following RECOMMENDED ACTION: Consent Calendar items: Items 10A through 31B. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 18, 2013 - Clerk of the Council Office Approve Minutes. RECOMMENDED ACTION: 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. AMENDMENT APPLICATION NO. 2013-04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (A1) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS AT 4226-4306 WEST FIFTH STREET - Planning and Building Agency Placed on first reading at the November 4, 2013 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 8, 2013. Item continued from the November 18, 2013 City Council meeting by a vote of 6-0 (Tinajero abstained). Table the matter per staff’s request. RECOMMENDED ACTION: CITY COUNCIL AGENDA 5 DECEMBER 2, 2013 11B. TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES - Planning Building Agency Placed on first reading at the November 18, 2013 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 22, 2013. Place ordinance on second reading and adopt. RECOMMENDED ACTION: ORDINANCE NO. NS-2855 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) – City Attorney’s Office 19B. EXCUSED ABSENCES – Clerk of the Council Office 19C. DESTRUCTION OF OBSOLETE RECORDS - City Manager's Office and Community Development Agency Approve the requests for the destruction of RECOMMENDED ACTION: obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. AGREEMENT AND APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT FROM COUNTY OF ORANGE FOR POSTRELEASE COMMUNITY SUPERVISION - Police Department RECOMMENDED ACTIONS: CITY COUNCIL AGENDA 6 DECEMBER 2, 2013 1. Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT - With the County of Orange for Public Safety Realignment and Postrelease Community Supervision cost reimbursement in an amount of $144,434 retroactively from July 1, 2013 through June 30, 2014. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-050 - Approve an appropriation adjustment in an amount of $144,434 for reimbursement costs from the County of Orange in revenue account and appropriate same to expenditure account. 20B. APPROPRIATION ADJUSTMENT ACCEPTING CALIFORNIA ENDOWMENT GRANT FUNDING - Police Department Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-047 - Recognizing California Endowment Program funding in an amount of $20,000 in revenue account and appropriate same to expenditure accounts. 20C. APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING - Police Department Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-048 - Recognizing $179,216 in Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to the grant expenditure account. 20D. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDING - Police Department RECOMMENDED ACTIONS: 1. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL AGENDA 7 DECEMBER 2, 2013 APPROPRIATION ADJUSTMENT NO. 2014-049 - Recognizing 2013 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $93,501 into the Byrne Justice Assistance revenue account and appropriate same to expenditure account. 2. Authorize the City Manager and the Clerk of the Council to execute an agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT – With the County of Orange, Sheriff’s Department to provide 2013 Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $93,501. PROJECTS/CHANGE ORDERS 23A. CONTINGENCY INCREASE FOR BROADWAY REHABILITATION FROM ANAHURST PLACE TO FIRST STREET (PROJECT NOS. 116736 & 116746) - - Public Works Agency RECOMMENDED ACTIONS: 1. Increase the contingency for the Broadway Rehabilitation Project by $200,000 which will increase the total construction contract with All American Asphalt, Inc., to $2,967,682. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-051 - Recognizing $200,000 in interest earned in the Proposition 1B Fund revenue account and appropriating the same into the Proposition 1B Fund expenditure account AGREEMENTS 25A. AGMT – ORANGE COUNTY CIVIC CENTER CAMERA SYSTEM MAINTENANCE - Police Department Award a contract to Siemens Inc. for a period RECOMMENDED ACTION: of eighteen months, in an amount not to exceed $109,540, with an option to extend up to one additional 18-month period, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL AGENDA 8 DECEMBER 2, 2013 25B. AGMT – SETTLEMENT AGREEMENT WITH THE SMOG PLACE FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) – 1222 EAST FOURTH STREET (APN 398-385-03) - Public Works Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute an agreement with Antonio Rios dba The Smog Place, tenant of the property located at 1222 East Fourth Street (APN 398-385-03), in an amount of $17,665 for all right, title, and interest, in and to certain improvements, including fixtures and equipment, subject to nonsubstantive changes approved by the City Manager and City Attorney. 25C. AGMT - SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT FOR SPECIALIZED ENGINEERING SOFTWARE - Public Works Agency Authorize the City Manager and the Clerk of the RECOMMENDED ACTION: Council to execute an agreement with Bentley Systems, Inc., in an amount not to exceed $50,000 per year, for a one year period, with the option to extend for up to two additional one-year terms, exercisable by the City Manager or his designated representative. 25D. AGMT - VOLUME LICENSING & MAINTENANCE FOR MICROSOFT SOFTWARE AND PRODUCTS - Finance & Management Services Approve and authorize the City Manager and RECOMMENDED ACTION: Clerk of the Council to execute an agreement with CompuCom Systems, Inc. in an annual amount of $410,000 for a three-year term with the option to renew the agreement for one additional three-year term for Microsoft licensing and services plus up to $50,000 per year for additional Microsoft licensing and services as required in support of changes in City business operations subject to non-substantive changes approved by the City Manager and City Attorney. Authorize the City Manager and Clerk of the Council to execute Microsoft Enterprise and Select Enrollment Agreements for volume licensing and maintenance. MISCELLANEOUS - BUDGET 29A. SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM - Community Development Agency The Finance, Economic Development, and Technology Committee reviewed matter on October 14, 2013 and by a vote of 3-0 recommended City Council authorize staff to administer the program. CITY COUNCIL AGENDA 9 DECEMBER 2, 2013 Approve the Santa Ana Small Business RECOMMENDED ACTION: Incentive Program, subject to non-substantive changes approved by the City Manager and City Attorney. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A. CONDITIONAL USE PERMIT NO. 2013-39 TO ALLOW A TYPE 20 ABC LICENSE FOR A 7-ELEVEN STORE LOCATED AT 1441 WEST MACARTHUR BOULEVARD, UNIT D - MICHAEL CHO, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on November 12, 2013, by a vote of 6-0 (Yrarrazaval absent). Receive and file the staff report approving RECOMMENDED ACTION: Conditional Use Permit No. 2013-39 as conditioned. 31B. CONDITIONAL USE PERMIT NO. 2013-40 TO ALLOW A TYPE 20 ABC LICENSE FOR A 7-ELEVEN STORE LOCATED AT 2112 SOUTH MAIN STREET - RALPH DEPPISCH, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on November 12, 2013, by a vote of 6-0 (Yrarrazaval absent). Receive and file the staff report approving RECOMMENDED ACTION: Conditional Use Permit No. 2013-40 as conditioned. **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 10 DECEMBER 2, 2013 BUSINESS CALENDAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A. ORDINANCE TO CREATE AN ARTS AND CULTURE COMMISSION - Parks, Recreation & Community Services Agency : Place ordinance on first reading and authorize RECOMMENDED ACTION publication of title. AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW DIVISION 5, ESTABLISHING AN ARTS AND CULTURE COMMISSION RESOLUTIONS 55A. RESOLUTION AFFIRMING ADOPTION OF THE MEASURE M2 YEAR-END EXPENDITURE REPORT - Public Works Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE FY 2012/13 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA 55B. RESOLUTION TO ADOPT ADDENDUM TO FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN WASHINGTON AVENUE TH AND 17 STREET - Public Works Agency Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT NO. 89-01 FOR THE BRISTOL STREET WIDENING PROJECT 55C. ADOPT RESOLUTION SUPPORTING THE UNITED STATES POSTAL REFORM LEGISLATION – City Manager’s Office Adopt a resolution. RECOMMENDED ACTION: CITY COUNCIL AGENDA 11 DECEMBER 2, 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING UNITED STATES POSTAL REFORM LEGISLATION ADMINISTRATIVE MATTERS - BUSINESS 60A. APPOINT REPRESENTATIVE TO THE ORANGE COUNTY VECTOR CONTROL - Clerk of the Council Office The City’s current representative is Cecilia Aguinaga who has served in this capacity since November, 2010 and has expressed interest in continuing to represent the City. Appoint a representative to the Orange County RECOMMENDED ACTION: Vector Control for a two year term expiring December 31, 2015. REPORTS 65A. DISCUSSION OF POTENTIAL CHARTER AMENDMENT FOR PRIMARY ELECTIONS AND RELATED ELECTION ISSUES - City Attorney's Office Staff recommends that the City Council discuss RECOMMENDED ACTION: the election related items and provide direction. 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 1. AB1234 DISCLOSURE - This is 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. CITY COUNCIL AGENDA 12 DECEMBER 2, 2013 2. ORAL REPORTS - REGIONAL BOARDS: Representative Board Pulido Orange County Transportation Authority (OCTA) * Tinajero Orange County Fire Authority (OFCA) * ADJOURNMENT - The next meeting of the City Council is scheduled for Monday, December 16, 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 Locally Preferred Alignment • Public Hearing on Sexlinger Property • Adoption of Strategic Plan • Harbor Blvd. Mixed-Use Plan CITY COUNCIL AGENDA 13 DECEMBER 2, 2013