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Home My WebLink About AGENDA_2014-09-02 City Council Meeting Agenda September 2, 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 Cavazos 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 Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. 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 Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/ Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana ********* 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 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 and alternate Fridays. 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 Time Warner Cable the Council Chamber or other designated locations which are televised live on CTV3 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 SEPTEMBER 2, 2014 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING SEPTEMBER 2, 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 GARY TUCKER, POLICE CHAPLAIN PRESENTATIONS EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 1.20 YEARS OF SERVICE Nasser N. Rizk, Senior Engineer, Public Works Agency 2.25 YEARS OF SERVICE James D. Berwanger, Police Officer, Police Department John G. Rodriguez, Police Officer, Police Department 3.PROCLAMATION AND CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the Santa Ana Historical Preservation Society and to Santa Ana community members who are Pioneers in Preservation. Ernie Alonzo Jim Gardener Debbie McEwen Linda Sue Ash Paul Giles Lisandro Orozco Guy Ball Jeannie Gillett Lisa Pitsenbarger Eleanor Barton Tim Graber Jean Poppa April Bettendorf Ben Grabiel Ed Power Robert Blethrow Pauline Halloran Nathan Reed LaDonna Bornzin Janelle Hardy Roberta Reed Dr. Dave Chapel Chief James Henery Rob Richardson Phil Chinn Louise Hoffman Tim Rush Rita Corpin Chris Jepsen Phil Schaeffer Ed Cote Colleen Kelley Maxine Schmidl Wayne Curl Toni Kimball Todd Walsh Tina Davidson Alan Lawson Lynn Warner Jeff Dickman Jim Marquez Alison Young Brett Franklin Diann Marsh CITY COUNCIL AGENDA 3 SEPTEMBER 2, 2014 4.PROCLAMATION presented by COUNCILWOMAN MARTINEZ in recognition of National Emergency Preparedness Month. 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. 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 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 31D. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR OPEN MEETING OF AUGUST 5, 2014 RECOMMENDED ACTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES CITY COUNCIL AGENDA 4 SEPTEMBER 2, 2014 13A. MINUTES FROM THE APRIL 28, 2014 PARKS, RECREATION, EDUCATION AND YOUTH (PREY) COUNCIL COMMITTEE {Strategic Plan No. 5, 1} - Planning and Building Agency RECOMMENDED ACTION: Receive and file Minutes. 13B. MINUTES FROM THE JUNE 24, 2013; AUGUST 6, 2013; OCTOBER 14, 2013; NOVEMBER 12, 2013; JANUARY 13, 2014; FEBRUARY 24, 2014; AND APRIL 14, 2014 FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY COUNCIL COMMITTEE {Strategic Plan No. 5, 1} - Planning and Building Agency RECOMMENDED ACTION: Receive and file Minutes. 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 {Strategic Plan No. 5, 1} – Personnel Services Agency RECOMMENDED ACTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State’s sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19D. ACCEPTING DONATION FROM ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) A 16-PASSENGER VEHICLE FOR THE SENIOR MOBILITY PROGRAM {Strategic Plan No. 5, 6E} - Parks, Recreation & Community Services Agency RECOMMENDED ACTION: Recognize the receipt of a 16-passenger vehicle as allowed per Article 2, Paragraph E of the agreement between the Orange County Transportation Authority and the City of Santa Ana for the Senior Mobility Program BUDGETARY MATTERS CITY COUNCIL AGENDA 5 SEPTEMBER 2, 2014 APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT FOR MEDICAL MARIJUANA ENFORCEMENT PLAN {Strategic Plan No. 1, 1F} - Police Department Continued from the August 5, 2014 City Council Meeting by a vote of 4-3) RECOMMENDED ACTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015-037 – To reallocate $500,000 in 2014-15 General Fund reserve appropriations to various departmental expenditure accounts to fund medical marijuana enforcement plan efforts. 20B. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2014 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS {Strategic Plan No. 1, 3B} - Police Department RECOMMENDED ACTIONS: 1.Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015-050 - Recognizing 2014 Edward Byrne Memorial Justice Assistance Grant funding in an amount of $92,001 into the Byrne Justice Assistance revenue account and appropriate same to expenditure account. 2.Authorize the City Manager, Chief of Police, 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 transfer the 2014 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program funds in an amount of $92,001 for a one year. 20C. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FUNDS {Strategic Plan No. 1, 3B} - Police Department RECOMMENDED ACTIONS: 1. Authorize the City Manager and Clerk of the Council to execute an agreement subject to non-substantive changes approved by the City Manager and City Attorney. AGMT – With the State Office of Traffic Safety (Grant Number PT1568) for Selective Traffic Enforcement Program (STEP) Grant funds, in an amount not to exceed $363,410 for one year, October 1, 2014 through September 30, 2015. CITY COUNCIL AGENDA 6 SEPTEMBER 2, 2014 2.Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015-052 - Recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $363,410 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. PROJECTS/CHANGE ORDERS 23A. CONTRACT AWARD FOR 2014-2015 OMNIBUS CONCRETE REPLACEMENT PROJECT FOR HIGH PRIORITY STREET REPAIRS (PROJECT NO. 156824) {Strategic Plan No. 6, 1B} - Public Works Agency and Parks, Recreation and Community Services RECOMMENDED ACTIONS: 1.Award a contract to Bannaoun Engineers Constructors Corporation, the lowest responsible bidder, in accordance with its bid in an amount of $424,875, for the construction of the 2014-2015 Omnibus Concrete Replacement project. 2.Approve the Cost Analysis for a total estimated project delivery cost of $481,186. 3. Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contingency of $8,091. AGREEMENTS 25A. AGMT - MEMORANDUM OF UNDERSTANDING TO ESTABLISH A PROCESS TO CONSIDER POTENTIAL JOINT USE OF A PORTION OF THE SANTA ANA ZOO AND THE ELKS BUILDING ASSOCIATION PROPERTY LOCATED AT ELKS LANE AND FIRST STREET {Strategic Plan No. 3, 5A} - Planning and Building Agency RECOMMENDED ACTION: Authorize the City Manager and the Clerk of the Council to execute a Memorandum of Understanding (MOU) with the Elks Building Association of Santa Ana, subject to non-substantive changes approved by the City Manager and City Attorney. 25B. AGMT - BARRICADES FOR RENTAL AND INSTALLATION OF TRAFFIC CONTROL EQUIPMENT FOR VARIOUS CITY EVENTS {Strategic Plan No. 5, 5C} - Parks, Recreation & Community Services Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute an agreement with California Barricades in an amount not to exceed $75,000, for a term through June 30, 2015, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL AGENDA 7 SEPTEMBER 2, 2014 25C. AGMT - RENTAL AND INSTALLATION OF EQUIPMENT FOR FIESTAS SANTA ANA EVENT {Strategic Plan No. 5, 5C} - Parks, Recreation & Community Services Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute an agreement with A1 Party in an amount of $49,031, which includes a 15% contingency, for a term to end on September 30, 2014, subject to non-substantive changes approved by the City Manager and City Attorney. 25D. AGMT - STAGE RENTAL AND INSTALLATION FOR FIESTAS SANTA ANA EVENT {Strategic Plan No. 5, 5C} - Parks, Recreation & Community Services Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Stage Plus in an amount of $29,785, which includes a 15% contingency, for a term to end on September 30, 2014, subject to non-substantive changes approved by the City Manager and City Attorney. 25E. AGMTS - AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER, CITY ATTORNEY, AND CLERK OF THE COUNCIL{Strategic Plan No.7,4} - City Manager's Office RECOMMENDED ACTIONS: 1.Direct and authorize the Mayor and the Clerk of the Council to execute the amendment to Employment Agreement outlining the terms and conditions of the continued appointment of David Cavazos as the City Manager for the City of Santa Ana. 2.Direct and authorize the Mayor and the Clerk of the Council to execute the amendment to Employment Agreement outlining the terms and conditions of the continued appointment of Sonia Carvalho as the City Attorney for the City of Santa Ana. 3.Direct and authorize the Mayor and the Clerk of the Council to execute the amendment to Employment Agreement outlining the terms and conditions of the continued appointment of Maria Huizar as the Clerk of the Council for the City of Santa Ana. 25F. AGMT - MEMORANDUM OF UNDERSTANDING REGARDING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH POLICE MANAGEMENT ASSOCIATION (PMA) {Strategic Plan No. 7,4,6} - Personnel Services Agency RECOMMENDED ACTION: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to adopt a Memorandum of Understanding with the Santa Ana Police Management Association (PMA) for a one-year period ending June 30, 2015 in an amount not to exceed $95,000, subject to non-substantive changes approved by the City Manager and City Attorney. CITY COUNCIL AGENDA 8 SEPTEMBER 2, 2014 25G. AGMT - ANIMAL SHELTER SERVICES {Strategic Plan No. 1, 3A} - Police Department RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a one-year agreement with the County of Orange in an amount of $1,123,123 subject to non-substantive changes approved by the City Manager and City Attorney. 25H. AGMTS - JAIL INMATE MEDICAL SERVICES {Strategic Plan No. 1, 3A} - Police Department RECOMMENDED ACTIONS: 1. Authorize the City Manager and Clerk of the Council to execute a three-year agreement terminating September 30, 2017, with NaphCare, Inc. to provide basic and emergency health care services for Santa Ana Jail inmates, in an amount of $5,971,893, 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-month agreement terminating September 30, 2014, with Correctional Managed Care Medical Corporation (CMCMC) in an amount of $139,061 with an contingency not to exceed $56,500 for costs associated with extended liability insurance and employee retention to ensure continuous and compliant medical operations, subject to non-substantive changes approved by the City Manager and City Attorney. 25I. AGMT - EXTENSION OF ONE-STOP OPERATOR MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA WORK CENTER {Strategic Plan No. 2, 4} - Community Development Agency The Workforce Investment Board approved recommended action on July 17, 2014, by a vote of 17-0 (De La Riva, Didion, Everett, Gonzalez, Jimenez-Hami, Lewis, Maldonado, Martinez, Rutledge, Sanchez, and Su absent). RECOMMENDED ACTION: Execute an extension of the One-Stop Operator Memorandum of Understanding with the Santa Ana WORK Center as the Comprehensive One-Stop Operator through June 30, 2016, with a one-year extension option, subject to non-substantive changes approved by the City Manager and City Attorney. 25J. AGMTS - UPDATE AGREEMENT WITH GREAT-WEST FOR 457 DEFERRED COMPENSATION SERVICES WITH SUPPORTING FIDUCIARY PROFESSIONAL SERVICES {Strategic Plan No. 7, 4} - Finance & Management Services RECOMMENDED ACTIONS: CITY COUNCIL AGENDA 9 SEPTEMBER 2, 2014 1) Authorize the City Manager and Clerk of the Council to execute an agreement update with Great-West Financial for deferred compensation services for a period of one-year with provision for a one-year extension, subject to non- substantive changes approved by the City Manager and City Attorney. 2) Approve execution of the professional services agreement with Benefit Funding Services Group, Inc. (BFSG), for Deferred Compensation Plan Financial Advisory Services for three-year period expiring September 3, 2017, in an annual amount of $20,000; subject to non-substantive changes approved by City Manager and City Attorney. 3) Approve execution of the professional services agreement with Fiduciary Experts LLC, for Plan Participant Education and Fiduciary Services for a period of one-year expiring September 3, 2015, not to exceed $5,000; subject to non- substantive changes approved by City Manager and City Attorney. 25K. AGMT - ANNUAL WEED AND DEBRIS REMOVAL SERVICES {Strategic Plan No. 6, 1B} - Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a third amendment with Naranjo Landscape, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney for a one- year term, expiring August 31, 2015, in an amount not to exceed $207,000. 25L. AGMT - PROVIDE REAL-TIME, TWO-WAY WIRELESS COMMUNICATION, AND CONTINUOUS REMOTE ALARM MONITORING AND MANAGEMENT SERVICES {Strategic Plan No. 6, 1C} - Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Hadronex, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, for a three-year period expiring June 30, 2017, with a provision for one two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $375,000 for the term of the agreement. 25M. AGMT - PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER QUALITY, USE, AND CONSERVATION {Strategic Plan No. 5, 6F} - Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Municipal Water District of Orange County; subject to nonsubstantive changes approved by the City Manager and City Attorney for the three-year term expiring August 31, 2016, in an amount not to exceed $50,000 per school year. CITY COUNCIL AGENDA 10 SEPTEMBER 2, 2014 25N. AGMT – PURCHASE AND SETTLEMENT AGREEMENT FOR THE BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740 NONGENERAL FUND); PROPERTY LOCATED AT 1401 NORTH BRISTOL STREET (APN 405-272-15) {Strategic Plan No. 6, 1G; 3,2C} - Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Vincent R. Parnell and Jeanette Parnell, husband and wife, as joint tenants of the property located at 1401 North Bristol Street (APN 405-272-15), in an amount of $331,000, for the full purchase price for said real property and goodwill (if any), subject to nonsubstantive changes approved by the City Manager and City Attorney. 25O. AGMT - ADDITIONAL SECURITY GUARD SERVICES AT CITY HALL AND ROSS ANNEX {Strategic Plan No. 1, 1; 7, 1, 6} - Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a third amendment with G4S Secure Solutions (USA) Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, increasing compensation by $40,773, for a total amount not to exceed $608,016 per year, expiring on May 31, 2015, under the existing terms and conditions, with the option to extend the agreement for up to two additional one-year terms, exercisable by the City Manager. 25P. AGMTS – LEGAL COUNSEL SERVICES {Strategic Plan No. 4, 3, 3B} - City Attorney's Office RECOMMENDED ACTION: Authorize the City Manager and the Clerk of the Council to approve agreements with Carpenter, Rothans & Dumon, LLP., and McCune & Harbor, LLP., for a 3-year period, 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. 2013-21 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2013-22 TO ALLOW AFTER-HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013-23 TO ALLOW A BANQUET USE AT LAST CALL ON BROADWAY RESTAURANT LOCATED AT 202 NORTH BROADWAY - KAHROBA AYAZI, APPLICANT {Strategic Plan No. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on August 11, 2014, by a vote of 5-0 (Nalle and Yrarrazaval absent). CITY COUNCIL AGENDA 11 SEPTEMBER 2, 2014 RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2013-21, Conditional Use Permit No. 2013-22 as conditioned, and Conditional Use Permit No. 2013-23 as conditioned. 31B. CONDITIONAL USE PERMIT NO. 2014-17 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA MARRI’S RISTORANTE ITALIANO AT 1631 EAST SEVENTEENTH STREET, UNIT I – MAGDY TOWFELESS, APPLICANT {Strategic Plan No. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on July 28, 2014, by a vote of 7-0. RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2014-17. 31C. CONDITIONAL USE PERMIT NO. 2014-25 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2014- 26 TO ALLOW AFTER-HOURS OPERATION AT SPURGEON SOCIAL LOCATED AT 204 WEST FOURTH STREET – EVAN WHITE, APPLICANT {Strategic Plan No. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on August 11, 2014, to adopt a resolution approving Conditional Use Permit (CUP) No. 2014-25 to allow a Type 47 Alcoholic Beverage Control license in order to sell beer, wine and distilled spirits for on- premise consumption by a vote of 5-0 (Nalle and Yrarrazaval absent); and to adopt a resolution approving Conditional Use Permit No. 2014-26 as conditioned to allow after- hours operation by a vote of 4-1 (Mill opposed, Nalle and Yrarrazaval absent). RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2014-25 and Conditional Use Permit No. 2014-26 as conditioned.. 31D. CONDITIONAL USE PERMIT NO. 2014-28 TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BEST WINES AT 1544 EAST WARNER AVENUE - MICHAEL CHO, APPLICANT {Strategic Plan No. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on July 28, 2014, by a vote of 7-0. RECOMMENDED ACTION: Receive and file the staff report approving Conditional Use Permit No. 2014-28.. **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 12 SEPTEMBER 2, 2014 BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A. RESOLUTION AUTHORIZING A WAIVER OF THE NEW APPLICATION FEE FOR THE PRIVATE PARTY NOMINATIONS OF PROPERTIES TO THE SANTA ANA REGISTER HISTORICAL PROPERTIES AND MODIFICATION OF MILLS ACT AGREEMENT FEES {Strategic Plan No. 5, 3} - Planning and Building Agency Continued from the August 5, 2014 City Council meeting due to a lack of quorum. RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A WAIVER OF THE NEW APPLICATION FEE FOR THE PRIVATE PARTY NOMINATIONS OF PROPERTIES TO THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AND MODIFICATION OF MILLS ACT AGREEMENT FEES 55B. RESOLUTION - PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET - ADDING TWO FULL TIME RECREATION PROGRAM COORDINATOR POSITIONS AND ONE FULL TIME RECREATION LEADER POSITION IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY {Strategic Plan No. 2,2; 5,6} - Personnel Services Agency Continued from the August 5, 2014 City Council meeting due to a lack of quorum. RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD TWO FULL TIME RECREATION PROGRAM COORDINATOR POSITIONS AND ONE FULL TIME RECREATION LEADER POSITION IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 55C. RESOLUTION URGING THE GOVERNOR TO SIGN ASSEMBLY BILL 1999, HISTORIC PRESERVATION TAX CREDIT {Strategic Plan No. 3, 3C} – City Manager’s Office RECOMMENDED ACTION: Adopt a resolution. CITY COUNCIL AGENDA 13 SEPTEMBER 2, 2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF ASSEMBLY BILL 1999 (ATKINS), THE CALIFORNIA ECONOMIC DEVELOPMENT AND HISTORIC PRESERVATION TAX CREDIT ACT PUBLIC HEARINGS 75A. PUBLIC HEARING – AMENDMENT APPLICATION NO. 2014-03 TO AMEND THE ZONING FROM LIGHT INDUSTRIAL (M1) TO TWO-FAMILY RESIDENTIAL (R2) AND VARIANCE NO. 2014-03 TO ALLOW A REDUCTION IN REQUIRED BUILDING SETBACKS AT 1728 AND 1732 WEST SECOND STREET – MIDOROS, LLC, APPLICANT {Strategic Plan No. 5, 3} - Planning and Building Agency Planning Commission approved recommended action on July 28, 2014 by a vote of 7-0. Legal Notice published in the Orange County Reporter and notices mailed on August 22, 2014. RECOMMENDED ACTIONS: 1.Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1728 AND 1732 WEST SECOND STREET FROM LIGHT INDUSTRIAL (M1) TO TWO-FAMILY RESIDENTIAL (R2) (AA NO. 2014-03) 2.Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2014-03 AS CONDITIONED TO ALLOW A REDUCTION IN FRONT AND SIDE YARD SETBACKS FOR THE PROPERTY LOCATED AT 1732 WEST SECOND STREET 75B. PUBLIC HEARING – CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011-01 (SCH# 2008041172), FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MONITORING PROGRAM; VARIANCE NOS. 2012-04(A) AND 2012-04(B) AS CONDITIONED; AND, VESTING TENTATIVE TRACT MAP NO. 2012-02 TO ALLOW A 23-UNIT SINGLE FAMILY DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE (SEXLINGER FARMHOUSE AND ORCHARD) – CONCORDIA UNIVERSITY AND LUTHERAN HIGH SCHOOL OF ORANGE COUNTY, APPLICANTS {Strategic Plan No. 3, 2; 5, 3 } - Planning and Building Agency Legal Notice published in the Orange County Reporter and notices mailed on August 22, 2014. CITY COUNCIL AGENDA 14 SEPTEMBER 2, 2014 RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011-01 (SCH# 2008041172); ADOPTING THE MITIGATION MONITORING PROGRAM; APPROVING VARIANCE NOS. 2012-04(A) AND 2012-04(B) AS CONDITIONED; AND, APPROVING VESTING TENTATIVE TRACT MAP NO. 2012-02 (COUNTY MAP NO. 17231) AS CONDITIONED FOR THE PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE 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. DISCUSSION OF BICYCLE REGISTRATION AND TICKETING POLICY (SANTA ANA MUNICIPAL CODE SECTION 10-196 THROUGH 10-209) – (Councilmember Martinez) - Council Item Consideration of matter continued from the August 5, 2014 City Council meeting. HOUSING AUTHORITY MEETING (Blue Agenda) WORK STUDY SESSION WS. MEDICAL MARIJUANA DISPENSARY ENFORCEMENT PLAN - City Manager's Office Consideration of matter continued from the August 5, 2014 City Council meeting. 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 CITY COUNCIL AGENDA 15 SEPTEMBER 2, 2014 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 BOARDS ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, September 16, 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. Adjourn in Memory of Arcelia Liera FUTURE AGENDA ITEMS • Harbor Blvd. Mixed-Use Plan • Solar Permit Fee Waiver • Proactive Rental Enforcement Program Renewal CITY COUNCIL AGENDA 16 SEPTEMBER 2, 2014