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HomeMy WebLinkAbout AGENDA_2014-02-04 City Council Meeting Agenda Tuesday, February 4, 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 FEBRUARY 4, 2014 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING FEBRUARY 4, 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 DIEGO BAUTISTA, JOHN ADAMS ELEMENTARY INVOCATION DAVE MITCHELL, POLICE CHAPLAIN PRESENTATIONS SPECIAL PRESENTATION - “Non-Stop Travel” program for all Orange County toll road customers, Neil Peterson, CEO Transportation Corridor Agencies, presenter. PROCLAMATIONSMAYOR PULIDO presented by to Parker Kennedy, CEO, First American Title Corporation and Oldrich Unger, Santa Ana resident, for their exemplary citizen participation and services to the community. CERTIFICATES OF RECOGNITIONMAYOR PRO TEM TINAJERO presented by to the Santa Ana Monarchs Pop Warner Cheerleaders and Dance Team for winning the National Cheer Competition. Pee Wee Cheerleaders • : Jamie Buenventura, Gracie Contreras, Iverlynn Fuiava, Sirena Galaviz, Arianna Garcia, Divony Lopez, Trinity Lopez, Alexis Madrid, Kayla Manu, Kaylah Marquez, Briana Roa, Valerie Shubin and Esveidy Soto Pee Wee Dance • : Jenelle Gonzalez, Desiree Marquez, Emily Ramirez, Giana Testa, Valeria Valencia and Alyssa Zamora. CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. CITY COUNCIL AGENDA 3 FEBRUARY 4, 2014 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 Approve staff recommendations on the following RECOMMENDED ACTION: Consent Calendar items: Items 10A through 31C. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF JANUARY 21, 2014 - 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 - ADOPT ORDINANCE TO ALLOW FOR CAMPAIGN DISCLOSURE E-FILING - Clerk of the Council Office Placed on first reading at the January 21, 2014 City Council meeting and approved by a vote of 6-0 (Tinajero absent) CITY COUNCIL AGENDA 4 FEBRUARY 4, 2014 Published in the Orange County Reporter on January 24, 2014. Place ordinance on second reading and adopt. RECOMMENDED ACTION: ORDINANCE NO. NS-2853 - AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 2-110, RELATING TO CAMPAIGN DISCLOSURE FILING METHODS 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 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. The Citywide Records Retention Schedule has specific retention periods for many City documents and 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. QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2013 - Finance & Management Services Receive and file. RECOMMENDED ACTION: 19E. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services Receive and file the Quarterly Report of RECOMMENDED ACTION: Contracts entered into between October 1, 2013 to December 31, 2013 valued at $25,000 and less. CITY COUNCIL AGENDA 5 FEBRUARY 4, 2014 BUDGETARY MATTERS AGREEMENTS 25A. AGMT - CROSSING GUARD SERVICES - Police Department Execute a one-year agreement amendment RECOMMENDED ACTION: from March 1, 2014 through February 28, 2015 with All City Management Services Inc. to provide an Adult Crossing Guard Program, in an amount not to exceed $850,000, subject to non-substantive changes approved by the City Manager and City Attorney 25B. AGMT - LICENSE EXTENSION AT CENTENNIAL PARK - Parks, Recreation & Community Services Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute a license extension agreement with Rancho Santiago Community College District for five years ending November 5, 2019 at Centennial Park, subject to non-substantive changes approved by the City Manager and City Attorney. 25C. AGMT - GRAFFITI REMOVAL SERVICES - Public Works Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute the third option to renew the agreement with Graffiti Protective Coatings, Inc., in an amount not to exceed $600,000 annually ending February 28, 2015, and authorize the City Manager to exercise the fourth option to renew, subject to nonsubstantive changes approved by the City Manager and City Attorney. 25D. AGMTS – IMPLEMENT MACARTHUR BOULEVARD, WARNER AVENUE, AND TUSTIN AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS - Public Works Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute amendments to three cooperative agreements (C-1- 3022, C-1-3023, and C-1-3024) to remove Caltrans participation and associated matching funding, revise the local match commitments to reflect actual project costs which were less than originally estimated, and extend term to June 30, 2016 with the Orange County Transportation Authority, subject to nonsubstantive changes approved by the City Manager and City Attorney. CITY COUNCIL AGENDA 6 FEBRUARY 4, 2014 25E. AGMT - IMPLEMENT THE KRAEMER/GLASSELL/GRAND TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 146817) - Public Works Agency RECOMMENDED ACTION: Authorize the City Manager and Clerk of the Council to execute a cooperative agreement (C-3-2084) with the Orange County Transportation Authority, subject to nonsubstantive changes approved by the City Manager and City Attorney. 25F. AGMTS - ON-CALL RIGHT-OF-WAY SPECIALTY SERVICES - Public Works Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute on-call right-of-way specialty services agreements ending June 30, 2015 and may be extended by the City Manager if additional time is needed, subject to nonsubstantive changes approved by the City Manager and City Attorney, for: 1) real property appraisal services; 2) furniture/fixtures and equipment appraisal services; 3) business goodwill appraisal services; 4) acquisition, relocation, and property management service; and 5) right-of-way program management services, in the not-to- exceed amounts noted below: 1) Real Property Appraisal Services: Kiley Company $200,000 Hennessey & Hennessey, LLC $200,000 2) Furniture, Fixtures, Equipment Appraisal Services Desmond, Marcello, and Amster, LLC $200,000 Hodges Lacy & Associates, LLC $200,000 3) Business Goodwill Appraisal Services Donna Desmond Associates $300,000 Desmond, Marcello, and Amster, LLC $300,000 4) Acquisition, Relocation, and Property Management Services Overland, Pacific & Cutler, Inc $500,000 HDR Engineering, Inc $500,000 5) Right-of-Way Program Management Services APA Engineering, Inc. $200,000 25G. AGMT - PAVEMENT MANAGEMENT CONSULTANT SERVICES - Public Works Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute an agreement with Bucknam Infrastructure Group, Inc., CITY COUNCIL AGENDA 7 FEBRUARY 4, 2014 subject to nonsubstantive changes approved by the City Manager and City Attorney, in an amount not to exceed $95,000 ending December 31, 2014; term may be extended by the City Manager. 25H. AGMT - JANITORIAL SERVICES - Finance & Management Services, Public Works Agency and Parks, Recreation & Community Services Agency Authorize the City Manager and the Clerk of the RECOMMENDED ACTION: Council to execute an agreement amendment with Commercial Cleaning Systems (formerly Pacific Building Care, Inc.) for janitorial services at the Santa Ana Regional Transportation Center (SARTC) in an amount not to exceed $160,000 and other City facility sites in an amount not to exceed $212,000, for a one-year period commencing July 1, 2013, subject to non- substantive changes approved by the City Manager and City Attorney. 25I. AGMT - MULTIYEAR FINANCIAL AND COST ANALYSIS SERVICES - Public Works Agency Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute an agreement with MGT of America, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to prepare multiyear financial and cost allocation studies required to secure maximum reimbursements from the Orange County Transportation Authority, in an amount not to exceed $30,000. 25J. AGMT - BILL PRINT AND PAYMENT SERVICES - Finance & Management Services Authorize the City Manager and Clerk of the RECOMMENDED ACTION: Council to execute an agreement with InfoSend, Inc. for municipal utility services bill, paramedic subscription, dog licensing and business license tax printing and mailing, and electronic bill presentment and payment services not to exceed $250,000 annually, during the term from February 28, 2014 through February 28, 2016, with the option to extend one additional year upon the writing executed by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES CITY COUNCIL AGENDA 8 FEBRUARY 4, 2014 31A. CONDITIONAL USE PERMIT NO. 2013-46 FOR A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR CURRY HOUSE RESTAURANT AT 131 EAST MEMORY LANE - HOUSING FOODS AMERICA CORPORATION, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on January 13, 2014, by a vote of 6-0 (Alderete absent). Receive and file the staff report approving RECOMMENDED ACTION: Conditional Use Permit No. 2013-46 as conditioned. 31B. CONDITIONAL USE PERMIT NO. 2013-47 TO ALLOW AFTER-HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013-48 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE WURST HAUS RESTAURANT LOCATED AT 305 EAST FOURTH STREET, SUITE 106 - GREENTREE INVESTMENTS, INC., APPLICANT - Planning and Building Agency Planning Commission approved recommended action on January 13, 2014, by a vote of 6-0 (Alderete absent). Receive and file the staff report approving RECOMMENDED ACTION: Conditional Use Permit No. 2013-47 as conditioned and Conditional Use Permit No. 2013-48 as conditioned. 31C. CONDITIONAL USE PERMIT NO. 2013-50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2013-51 TO ALLOW AFTER-HOURS OPERATION AT THE BARREL ROOM RESTAURANT LOCATED AT 324 WEST FOURTH STREET, SUITE A - JL CASTRO ENTERPRISES, LLC - Planning and Building Agency Planning Commission approved recommended action on January 13, 2014, by a vote of 6-0 (Alderete absent). Receive and file the staff report approving RECOMMENDED ACTION: Conditional Use Permit No. 2013-50 as conditioned and Conditional Use Permit No. 2013-51 as conditioned. **END OF CONSENT CALENDAR** CITY COUNCIL AGENDA 9 FEBRUARY 4, 2014 BUSINESS CALENDAR BUSINESS CALENDAR RESOLUTIONS 55A. RESOLUTION ADOPTING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET WIDENING PROJECT - 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 REPORTS 65A. MID-YEAR BUDGET REVIEW/FORECAST - City Manager's Office and Finance Adopt the revised five year forecast. RECOMMENDED ACTION: PUBLIC HEARINGS 75A. PUBLIC HEARING – GENERAL PLAN AMENDMENT NO. 2013-01 TO UPDATE THE SANTA ANA GENERAL PLAN HOUSING ELEMENT (2014-2021) AND PUBLIC SAFETY ELEMENT - Planning and Building Agency Planning Commission approved recommended action on December 9, 2014 by a vote of 5-2 (Bacerra and Mill dissented). Legal Notice published in the Orange County Reporter and notices mailed on January 24, 2014. RECOMMENDED ACTIONS: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2013-98. 2. Adopt a resolution. CITY COUNCIL AGENDA 10 FEBRUARY 4, 2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SANTA ANA GENERAL PLAN HOUSING ELEMENT AND PUBLIC SAFETY ELEMENT UPDATES (GPA NO. 2013-01) 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. DIRECT CITY ATTORNEY TO PREPARE A RESOLUTION URGING CONGRESS AND PRESIDENT OBAMA TO EXPAND THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) PROGRAM TO PROTECT ALL IMMIGRANT FAMILIES WHO ARE NOT ENGAGED IN CRIMINAL ACTIVITY AND SUSPEND FURTHER DEPORTATIONS OF INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY (Councilmembers Martinez, Sarmiento and Benavides) 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. 2. ORAL REPORTS - REGIONAL BOARDS: Representative Board Pulido Orange County Transportation Authority (OCTA) * Tinajero Orange County Fire Authority (OFCA) * CITY COUNCIL AGENDA 11 FEBRUARY 4, 2014 ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, February 18, 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 12 FEBRUARY 4, 2014