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Home My WebLink About AGENDA_2018-10-02_CC-HA-SA City Council Meeting Agenda October 2, 2018 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 Vicente SarmientoMichele Martinez Councilmember – Ward 1 Mayor Pro Tem - Ward 2 VSarmiento@santa-ana.org MiMartinez@santa-ana.org Jose SolorioP. David Benavides Councilmember - Ward 3 Councilmember - Ward 4 JSolorio@santa-ana.org DBenavides@santa-ana.org Juan Villegas Sal Tinajero Councilmember - Ward 5Councilmember - Ward 6 JVillegas@santa-ana.org STinajero@santa-ana.org Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Raul Godinez II 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 Agenda & Materials - The agenda titles provide the public with a list of items to be considered by the Council broken down into four categories: Presentations, Consent Calendar, Business Calendar and Public Hearings. Presentations are ceremonial. Consent Calendar are considered to be routine by the City Council and may be enacted by one motion without discussion unless a member of the Council “pulls” an item(s) for a separate vote. Business Calendar and Public Hearing items are considered individually. Additional information of the various categories on the agenda is found on the “Understanding Your City Council Meeting Agenda” pamphlet at: http://www.ci.santa-ana.ca.us/coc/documents/understanding_council_agenda.pdf.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 All staff reports and any non-confidential writings or provided by law, no action shall be taken on any item not listed on the agenda. documents provided to a majority of the City Council members regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City’s website the Friday before a Council meeting at: http://www.santa-ana.org/coc/granicus.asp Public Comments / Oral Communication - 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 jurisdiction of the City. The public will be given the opportunity to speak on any item listed on the Agenda during the first Public Comments portion of the Agenda, with the exception of Public Hearings that are considered separately and on non-agendized items within the jurisdiction of the City Council during the second Public Comments portion of the Agenda. At the discretion of the Presiding Mayor, all comments may be considered jointly. 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 PRESIDING MAYOR. 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. Written Communication – Correspondence regarding any item on the agenda may be faxed to (714) 647-6956 or emailed to eComment@santa-ana.org. Please submit by 3 p.m. on City Council meeting day to allow sufficient time to upload to the website and circulate to the City Council for their consideration. Emails received after 3 p.m. will be uploaded to the City’s website the day after the meeting. Translation Services - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Concilio. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio. 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 Spectrum (formerly 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 are also available in SAP. 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 are available for public circulation at the Santa Ana Main Library the day after a meeting. CITY VISION, STRATEGIC PLAN AND CODE OF ETHICS 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, as follow: 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 Five-Year Strategic Plan - Goals/Objectives/Strategies: Full report available at: http://www.santa-ana.org/strategic-planning/ 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 - At the Special Municipal Election held on February 5, 2008, voters 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. The following are the core values expressed: Integrity · Honesty · Responsibility · • • •• Fairness · Accountability · Respect · Efficiency • • • CITY COUNCIL AGENDA 2 OCTOBER 2, 2018 OPEN MEETING REGULAR OPEN MEETING 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS BENAVIDES, MARTINEZ, SARMIENTO, SOLORIO, TINAJERO AND VILLEGAS PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION VINCENT BARRINGER, POLICE CHAPLAIN CEREMONIAL PRESENTATIONS  PROCLAMATION presented by MAYOR PULIDO naming October 3rd as California Clean Air Day.  PROCLAMATION presented by MAYOR PRO TEM MARTINEZ recognizing October as Pregnancy and Infant Loss Awareness Month and naming October 15th as Pregnancy and Infant Loss Remembrance Day.  PROCLAMATION presented by COUNCILMEMBER VILLEGAS naming October 7th through October 13th as Fire Prevention Week. CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS 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 CITY COUNCIL AGENDA 3 OCTOBER 2, 2018 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 MAYOR. 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 RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25C. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 18, 2018 {STRATEGIC PLAN NO. 5, 1} – 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. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE METRO EAST MIXED USE (MEMU) OVERLAY ZONE WEST ALONG FIRST STREET TO GRAND AVENUE {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Placed on first reading at the September 18, 2018 City Council meeting and approved by a vote of 4-3 (Benavides, Martinez and Sarmiento dissented). Published in the Orange County Reporter on September 21, 2018. RECOMMENDED ACTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2955 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CITY COUNCIL AGENDA 4 OCTOBER 2, 2018 CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METRO EAST MIXED USE (MEMU) OVERLAY ZONE (OZ-1) BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATE FELIPE GUERRERO TO THE BOARD OF RECREATION AND PARKS AS THE GARDEN GROVE UNIFIED SCHOOL DISTRICT REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTION: Appoint Felipe Guerrero to the Board of Recreation and Parks for a partial term expiring on December 15, 2020 (replaces C. Schultz). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) – City Attorney’s Office 19B. EXCUSED ABSENCES – Clerk of the Council Office RECOMMENDED ACTION: Excuse the absence of Councilmember Vicente Sarmiento from the October 2, 2018 City Council Meeting. 19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR SEPTEMBER 2018 {STRATEGIC PLAN NO. 5, 1} – Public Works Agency The CIP Executive Summary Schedule is available on the City’s website at http://www.santa-ana.org/pwa/documents/ExecutiveMonthlyCIPSeptember2018.pdf RECOMMENDED ACTION: Receive and file the Public Works Agency Status of Projects - Monthly Capital Improvement Program Executive Report for September 2018. 19D. PREFERENTIAL PERMIT PARKING IMPLEMENTATION PROCESS IMPROVEMENTS{STRATEGIC PLAN NO. 7, 5E} – Public Works Agency RECOMMENDED ACTION: Receive and file information related to process improvements for the Preferential Permit Parking program. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS CITY COUNCIL AGENDA 5 OCTOBER 2, 2018 20A. APPROPRIATION ADJUSTMENT AND AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT LOCAL PARTNERSHIP PROGRAM GRANT FUNDS TO HELP ACHIEVE MANDATED REDUCTIONS IN SMOG- FORMING POLLUTANTS {STRATEGIC PLAN NO. 6, 2} – Finance and Management Services Agency RECOMMENDED ACTIONS: 1.Authorize the City Manager and Clerk of the Council to execute an agreement with the South Coast Air Quality Management District (SCAQMD) for AB2766/Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Government Partnership Program grant funds, for the period of October 1, 2018 through June 2026, in the amount not to exceed $385,000, subject to non- substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-XXX). 2.Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-028 - Recognizing South Coast Air Quality Management District, Mobile Source Air Pollution Reduction Review Committee grant funds in the amount of $385,000 in the Air Quality Improvement revenue account and appropriate same to expenditure accounts. 20B. APPROPRIATION ADJUSTMENT AND AMENDMENT TO THE FISCAL YEAR 2018/19 CAPITAL IMPROVEMENT PROGRAM TO ACCOUNT FOR RECENTLY AWARDED GRANT FUNDS WARNER PHASE 1 (MAIN TO OAK) AND WARNER PHASE 2 (OAK TO GRAND) (NON-GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G} – Public Works Agency RECOMMENDED ACTIONS: 1.Approve an amendment to the Fiscal Year 2018/19 Capital Improvement Program adding $15,189,750 in Measure M2 Competitive ACE funding to the Warner Avenue Street Improvement projects; for the construction phase of Warner Phase 1 from Main to Oak project (14-6802) and for the right-of-way phase of Warner Phase 2 from Oak to Grand project (18-6901). 2.Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-029 - Recognizing $15,189,750 in Measure M2 Competitive ACE grant funds into the Measure M-Street Construction Fund revenue account and appropriating the same into the Measure M2 Competitive Street Construction Fund expenditure account. 3. Approve an amendment to the Fiscal Year 2018/19 Capital Improvement Program adding the remaining $172,444 in Community Development Block Grant funds budgeted for the Residential Street Repair Program project (No. 18- 7527). CITY COUNCIL AGENDA 6 OCTOBER 2, 2018 SPECIFICATIONS – PURCHASE OF EQUIPMENT AND SERVICES 22A. CONTRACT AMENDMENT WITH RACEWAY FORD FOR ONE MAINTENANCE UTILITY TRUCK - SPEC. NO. 18-011 {STRATEGIC PLAN NO. 6, 2} - Finance and Management Services Agency; and Public Works Agency RECOMMENDED ACTION: Amend the contract with Raceway Ford for the procurement of one additional Ford F-350 truck with utility body in the amount of $56,855, subject to non-substantive changes approved by the City Manager and City Attorney. 22B. CONTRACT AMENDMENT WITH COMMERCIAL CLEANING SYSTEMS FOR JANITORIAL SERVICES AT VARIOUS CITY FACILITIES - SPEC. NO. 14-021 {STRATEGIC PLAN NO. 6, 1C} - Finance and Management Services Agency; Parks, Recreation and Community Services Agency; and Public Works Agency RECOMMENDED ACTIONAmend the contract with Commercial Cleaning Services for janitorial services in the amount of $154,839, which includes a $10,000 contingency, for a total annual amount not to exceed $737,074 for the final term expiring June 30, 2019, subject to non-substantive changes approved by the City Manager and City Attorney. PROJECTS/CHANGE ORDERS 23A. AWARD CONTRACT TO CEM CONSTRUCTION CORPORATION FOR CABRILLO PARK SIDEWALK IMPROVEMENT PROJECT (PROJECT NO 16-6862) {STRATEGIC PLAN NOS. 6, 1B & G} – Public Works Agency RECOMMENDED ACTIONS: 1.Authorize the City Manager and Clerk of the Council to execute easement agreements with Cabrillo Park, Monterey Villas, Park Center (Shady Hollow), and Redwoods Homeowner Associations, to allow the City to construct and maintain meandered City sidewalk around existing trees within the property areas along Cabrillo Park Drive, subject to non-substantive changes approved by the City Manager and the City Attorney. 2.Award a contract to CEM Construction Corporation, the lowest responsible bidder, in accordance with the base bid in the amount of $373,000, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Cabrillo Park Sidewalk Improvement Project, and authorize the City Manager and Clerk of the Council to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney. 3.Approve the Project Cost Analysis for a total estimated construction delivery cost of $466,250, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $37,300. CITY COUNCIL AGENDA 7 OCTOBER 2, 2018 4.Amend the Fiscal Year 2015-16, 2016-17, and 2017-18 Capital Improvement Programs and approve the reallocation of $206,550.77, $200,000, and $59,699.23 (respectively) in Measure M2 Local Fairshare funds from the Omnibus 2015-16, 2016-17, and 2017-18 projects to the Cabrillo Park Sidewalk Improvement project. AGREEMENTS 25A.APPROVE AMENDMENT TO AGREEMENT WITH WEST COAST ARBORIST, INC. FOR TREE MAINTENANCE SERVICES {STRATEGIC PLAN NO. 6, 1B} – Parks, Recreation and Community Services Agency; and Public Works Agency RECOMMENDED ACTION:Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with West Coast Arborists, Inc. to provide tree maintenance services for the City by: 1. increasing the annual agreement amount by $248,251.60, which includes $140,000 for the Parks, Recreation and Community Services Agency and a 10-percent contingency ($108,251.60) of the original agreement amount for the Public Works Agency for the second year of the first, two-year renewal option period of July 1, 2017 through June 30, 2019, for a total annual cost of $1,330,767.60, and 2. increasing the annual agreement amount by $108,251.60 for the Public Works Agency, which is a 10-pecent contingency of the original agreement amount, for the second, two-year renewal option period of July 1, 2019 through June 30, 2021, for a total annual cost of $1,190,767.60, subject to non-substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-XXX). 25B. APPROVE AGREEMENT FOR TENANT GOODWILL COMPENSATION FOR PROPERTY LOCATED AT 1111 NORTH BRISTOL STREET, UNIT D (APN 405- 275-10) FOR BRISTOL STREET IMPROVEMENTS PROJECT FOR - PHASE 3A (PROJECT NO. 136792, NON-GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} – Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Khaled H. Jawhary dba Advantage Auto Insurance Brokerage in the amount of $163,000 for compensation for loss of business goodwill related to the full real property acquisition, subject to non- substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-XXX). 25C. APPROVE REQUEST FOR CONSENT FROM C&C DEVELOPMENT COMPANY, LLC AND ORANGE HOUSING DEVELOPMENT CORPORATION TO INCREASE THE PERMANENT LOAN FOR THE DEPOT AT SANTIAGO {STRATEGIC PLAN NO. 4, 5} – Community Development Agency RECOMMENDED ACTIONS: CITY COUNCIL AGENDA 8 OCTOBER 2, 2018 1. Authorize the City Manager and Clerk of the Council to approve the request for consent from C&C Development Company, LLC and Orange Housing Development Corporation to increase the permanent loan up to $6,420,000 for the Depot at Santiago. 2. Authorize the City Manager and Clerk of the Council to execute the Junior Lienholder’s Consent to a Modification Agreement between Bank of America, N.A, California Community Reinvestment Corporation, and Depot at Santiago, L.P., and any other documents as may be required to increase the permanent loan up to $6,420,000 for the Depot at Santiago, subject to non-substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018- XXX). **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT A RESOLUTION IMPLEMENTING AN EMPLOYEE REFERRAL INCENTIVE PROGRAM TO ENHANCE POLICE OFFICER RECRUITMENT EFFORTS {STRATEGIC PLAN NO. 1.1.i} – Human Resources Department and Police Department RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO IMPLEMENT AN EMPLOYEE REFERRAL INCENTIVE PROGRAM FOR A ONE YEAR PERIOD TO ENHANCE POLICE OFFICER RECRUITMENT EFFORTS PUBLIC HEARINGS 75A. PUBLIC HEARING: CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT {STRATEGIC PLAN NO 4, 1} – Community Development Agency Legal Notice published in The Register on September 1, 2018. Community Redevelopment and Housing Commission approved recommended action on August 22, 2018 by a vote of 5-0 (Cano, Santana and Urzua absent). Continued from the September 18, 2018 City Council meeting by a vote of 6-0 (Benavides absent). CITY COUNCIL AGENDA 9 OCTOBER 2, 2018 RECOMMENDED ACTION: Authorize the submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 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. SEEK SUPPORT FROM COUNCIL MAJORITY TO DIRECT STAFF TO AGENDIZE DISCUSSION AND POLICY DECISION TO REQUIRE FISCAL ANALYSIS ON ALL ZONING AND NEW DEVELOPMENT PROJECTS – Mayor Pro Tem Martinez HOUSING AUTHORITY MEETING (Blue Agenda) SUCCESSOR AGENCY MEETING (Salmon 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. 2.ORAL REPORTS – COUNCIL COMMITTEES AND REGIONAL BOARDS ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, October 16, 2018 at 5:00 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 • Policy on Use of General Reserve and Enterprise Funds CITY COUNCIL AGENDA 10 OCTOBER 2, 2018