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Home My WebLink About AGENDA_2014-01-07 City Council Meeting Agenda Tuesday, January 7, 2014 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 on the day of the meeting will be rebroadcast on Mondays at 6:00 p.m., Tuesdays at 9:00 a.m. and 6:00 pm, Wednesdays at 9:00 a.m. and 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 JANUARY 7, 2014 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING JANUARY 7, 2014 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 DOUG HARDIN, POLICE CHAPLAIN PRESENTATIONS PROCLAMATIONSMAYOR PULIDO presented by to Judge James Gray (retired) and Doy Henley for their exemplary citizen participation and services to the community. CERTIFICATES OF RECOGNITIONCOUNCILMEMBERS REYNA presented by and BENAVIDES to Tony Adame, Peter Adame and Jason Venable for their entrepreneurship in developing Suavecito Pomade. 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 CITY COUNCIL AGENDA 3 JANUARY 7, 2014 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 CONSENT CALENDAR Approve staff recommendations on the following RECOMMENDED ACTION: Consent Calendar items: Items 10A through 31A. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 16, 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. SECOND READING ORDINANCE - SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 1990-03 TO ALLOW AN EXTENSION OF TIME FOR A PORTION OF THE LAKE CENTER OFFICE PARK AT 3500 WEST LAKE CENTER DRIVE - Planning and Building Agency Placed on first reading at the December 16, 2013 City Council meeting and approved by a vote of 6-0 (Pulido absent) Published in the Orange County Reporter on December 27, 2013. Place ordinance on second reading and adopt. RECOMMENDED ACTION: ORDINANCE NO. NS-2857 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND C.J. SEGERSTROM & SONS, A CALIFORNIA GENERAL PARTNERSHIP CITY COUNCIL AGENDA 4 JANUARY 7, 2014 11B. SECOND READING ORDINANCE - AMENDMENT APPLICATION NO. 2013-01 TO REZONE NINE PROPERTIES FROM SINGLE-FAMILY RESIDENCE (R1) AND TWO-FAMILY RESIDENCE (R2) TO ARTERIAL COMMERCIAL (C5) AT 1729 TO 2011 NORTH GRAND AVENUE - Planning and Building Agency Placed on first reading at the December 16, 2013 City Council meeting and approved by a vote of 6-0 (Pulido absent) Published in the Orange County Reporter on December 27, 2013. Place ordinance on second reading and adopt. RECOMMENDED ACTION: ORDINANCE NO. NS-2858 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING NINE PROPERTIES LOCATED BETWEEN 1729 AND 2011 NORTH GRAND AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) AND TWO-FAMILY RESIDENCE (R2) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2013-01) BOARDS / COMMISSIONS / COMMITTEES 13A NOMINATE BRUCE BAUER TO THE PLANNING COMMISSION BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 13, 2016 – City Clerk of the Council Office Appoint Bruce T. Bauer, Ward 3 Resident, to RECOMMENDED ACTION: the Planning Commission (Replaces J. Crespo). 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 CITY RECORDS - CITY MANAGER'S OFFICE AND POLICE DEPARTMENT 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. CITY COUNCIL AGENDA 5 JANUARY 7, 2014 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT ACCEPTING PROP 69 DNA, “DNA FINGERPRINT, UNSOLVED CRIME AND INNOCENCE PROTECTION ACT” REIMBURSEMENT FUNDING- Police Department Approve an appropriation adjustment. RECOMMENDED ACTION: (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2014-053 - Recognizing Prop 69 DNA reimbursement funds in the amount of $30,508 in Police Special Revenue account and appropriate same into the Police Special Revenue expenditure account for reimbursement of costs associated with DNA collection. GRANTS/APPLICATIONS 21A. REQUEST TO APPLY FOR NATIONAL ENDOWMENT FOR THE ARTS, OUR TOWN GRANT FOR FUNDING TO STUDY OPPORTUNITIES FOR CULTURAL PLANNING, ARTS ENGAGEMENT AND DESIGN IN SANTA ANA - Planning and Building Agency Authorize staff to respond to the National RECOMMENDED ACTION: Endowment for the Arts, Our Town grant to request funding to study opportunities for Cultural Planning, Arts Engagement and Design in Santa Ana. AGREEMENTS 25A. AGMTS - CONFIRM THE ARTISTS SELECTED BY THE UTILITY CABINET PILOT ART PROGRAM SELECTION COMMITTEE - Planning and Building Agency and Public Works Agency Direct the City Attorney to prepare and RECOMMENDED ACTION: authorize the City Manager and the Clerk of the Council to execute agreements with the artists recommended by the Utility Cabinet Pilot Art Program Selection Committee to paint seven utility cabinets in the downtown, subject to non-substantive changes approved by the City Manager and City Attorney. 25B. AGMTS - REHABILITATION OF WATER WELLS - Public Works Agency CITY COUNCIL AGENDA 6 JANUARY 7, 2014 Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute third amendments to the agreements with Orange County Pump Corporation, and Bakersfield Well and Pump Company, subject to nonsubstantive changes approved by the City Manager and City Attorney, in an annual aggregate amount not to exceed $300,000 through December 31, 2014, subject to non-substantive changes approved by the City Manager and City Attorney. 25C. AGMT - MERCHANT PAYMENT SERVICES - Finance & Management Services Authorize the City Manager and the Clerk of the RECOMMENDED ACTION: Council to execute an agreement with TransFirst LLC, approving compensation not to exceed $70,000 annually, for two one-year terms commencing October 1, 2013 and continuing through September 30, 2015, subject to non-substantive changes approved by the City Manager and City Attorney. 25D. AGMT - FOOD CONCESSION SERVICES AT THE SANTA ANA ZOO - Parks, Recreation & Community Services Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute an agreement amendment with Knowlwood Enterprises, Inc., for a two year extension, subject to non-substantive changes approved by the City Manager and City Attorney. 25E. AGMT - VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES - Parks, Recreation & Community Services Agency Authorize the City Manager and the Clerk of the RECOMMENDED ACTION: Council to execute an agreement with Video Engineering Services for one year in an annual amount not to exceed $56,045, subject to non- substantive changes approved by the City Manager and City Attorney. 25F. AGMTS - PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICTS 1 AND 3 - Parks, Recreation & Community Services Agency RECOMMENDED ACTIONS: 1. Authorize the City Manager and Clerk of the Council to execute a one- year agreement, with four one-year renewal options, with Landscape West Management Services, Inc. dba Palo Verde Landscape Management Company to provide park landscape maintenance CITY COUNCIL AGENDA 7 JANUARY 7, 2014 services in District 1 in an annual amount not to exceed $259,000 and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $284,900, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a one- year agreement, with four one-year renewal options, with Mariposa Landscape, Inc. to provide park landscape maintenance services in District 3, in an annual amount not to exceed $887,420, and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $976,162, subject to non-substantive changes approved by the City Manager and City Attorney. 25G. AGMT - SOFTWARE APPLICATION MAINTENANCE AND CUSTOMER SUPPORT FOR THE POLICE DEPARTMENT’S AUTOMATIC VEHICLE LOCATOR SYSTEM - Police Department Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute a one-year agreement with GeoSpatial Technologies, Inc. in an amount not to exceed $20,898, subject to non-substantive changes approved by the City Manager and City Attorney. 25H. AGMT - GED TESTING SERVICES (INMATE WELFARE FUND) - Police Department Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute a three-year agreement with the Orange County Superintendent of Schools to administer GED testing to inmates incarcerated in the Santa Ana Jail Facility in an amount not to exceed $20,000 per year and an aggregate sum of $60,000 for a 3 year period, subject to non-substantive changes approved by the City Manager and City Attorney. 25I. AGMT - ON-THE-JOB TRAINING RECRUITMENT SERVICES - Community Development Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute the attached agreement with Network Kinection, LLC in the amount of $127,376 for a one-year period, subject to non-substantive changes approved by the City Manager and City Attorney. 25J. AGMTS – AMENDMENT TO BUSINESS IMPROVEMENT DISTRICT OPERATING AGREEMENTS TO ESTABLISH A “REVOLVING FUND” ACCOUNT- Community Development Agency CITY COUNCIL AGENDA 8 JANUARY 7, 2014 Authorize the City Manager and the Clerk of the RECOMMENDED ACTION: Council to execute the Amended and Restated Operating Agreements with Downtown Inc. and with the Santa Ana Business Council Inc., in the amount of $20,000 for each entity, 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. 2012-18 TO ALLOW AFTER-HOURS OPERATION FOR THE LITTLE SPARROW CAFE AT 300 NORTH MAIN STREET – BRUCE MARSH, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on December 9, 2014, by a vote of 6-0 (Bacerra abstained). Receive and file the staff report approving RECOMMENDED ACTION: Conditional Use Permit No. 2012-18 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR BUSINESS CALENDAR PUBLIC HEARINGS 75A. PUBLIC HEARING – 2014 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT – Community Development Agency Set for public hearing at the December 16, 2013 City Council meeting by a vote of 5-0 (Pulido and Martinez abstained). Legal Notice published in the Orange County Reporter on December 20, 2013 and December 27, 2013. RECOMMENDED ACTIONS: CITY COUNCIL AGENDA 9 JANUARY 7, 2014 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2014 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. If the Council determines that no valid majority protest was lodged, adopt a resolution confirming the Assessment Report and levying the assessment for 2014. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR CALENDAR YEAR 2014 JOINT SESSIONS OF THE CITY COUNCIL AND THE INDUSTRIAL DEVELOPMENT AUTHORITY JOINT SESSIONS 80A. RESOLUTION – AUTHORIZING AMENDMENT TO LOAN AGREEMENT WITH MEMORY EXPERTS INTERNATIONAL (USA), INC. TO LOWER THE INTEREST RATE ON A TAX-EXEMPT INDUSTRIAL DEVELOPMENT LOAN CITY COUNCIL ACTION Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA AUTHORIZING THE AMENDMENT OF A LOAN AGREEMENT TO REFINANCE THE MANUFACTURING FACILITY OF MEMORY EXPERTS INTERNATIONAL (USA), INC., LOCATED AT 1651 ST. ANDREW PLACE INDUSTRIAL DEVELOPMENT AUTHORITY ACTION Adopt a resolution. RECOMMENDED ACTION: A RESOLUTION oF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA AUTHORIZING THE AMENDMENT OF A LOAN AGREEMENT TO REFINANCE THE MANUFACTURING FACILITY OF MEMORY EXPERTS INTERNATIONAL (USA), INC., LOCATED AT 1651 ST. ANDREW PLACE CITY COUNCIL AGENDA 10 JANUARY 7, 2014 HOUSING AUTHORITY MEETING (Blue Agenda) INDUSTRIAL DEVELOPMENT AUTHORITY MEETING (White Agenda) WORK STUDY SESSION WSA. UPDATE ON BRISTOL STREET WIDENING PROJECT – Public Works Agency 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. 2. ORAL REPORTS - REGIONAL BOARD ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, January 21, 2014 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 11 JANUARY 7, 2014