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Home My WebLink About10A - MINUTES - 03-18-14MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 18, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern (5:15 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES (5:14 p.m.) MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO (5:32 p.m.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:12 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: CITY COUNCIL MINUTES 101 MARCH 18, 2014 • David Rondou v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8893266 • Marianne Murray v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ7076855, ADJ583190, ADJ666649, ADJ7076683; ADJ8272088, ADJ8272435 • Jeanette Calhoun v. City of Santa Ana; Orange County Superior Court Case No. 30- 2013- 0064997 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Feebler vs. State of California Superior Court Case No. 34- 2012 - 80001172; Court of Appeal Case No. C073698 • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477 2. PUBLIC EMPLOYEE — ANNUAL EVALUATION OF PERFORMANCE pursuant to Section 54957(b)(1) of the Government Code: Title: City Attorney CLOSED SESSION REPORT — See Item 19A. for reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:45 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 1 OX-2 MARCH 18, 2014 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:57 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council CRISTHIAN CRUZ, CHRISTIAN FLORES AND, CELESTE MARQUEZ; DAVIS ELEMENTARY SCHOOL RUBEN ESPONDA, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to the following students who participated in the The Santa Ana Youth and Government Conference in Sacramento: Paula Alvarez, Zabdi Alvarez, David Delgado, Martha Delgado, Andrea Diaz, Ivan Enriquez, Adrian Ramirez, Mario Reyna, Aracely Ruvalcaba, Mike Solorio, Alfredo Torreblanca, Erika Torreblanca Bethany Urbano, Tsui Vasquez, Alexis Nava, Jonathan Vasquez and Elisa Hernandez; Advisors: Brian Leal, Ralph Martinez, Eliasar Molina and Vickie Troung. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Santa Ana Police Department Police Explorer Jonathan Alaradejo for being selected as the #1 Explorer of his class. CITY COUNCIL MINUTES 1 OA-3 MARCH 18, 2014 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Dr. Ana Jimenez -Hami for being recognized by the Orange County Register as Everyday Hero of the Year and to Orange County Children's Therapeutic Arts Center for receiving a grant from the National Endowment for the Arts. CLOSED SESSION REPORT - City Attorney Carvalho reported that City Council approved the matters listed on the Consent Calendar under Agenda Item 19A. PUBLIC COMMENT • Steve Rocco, spoke on miscellaneous issues. • Peter Katz, spoke in support of Agenda Item 55B, thanked City Council for agendizing. • Zeke Hernandez, thanked City Council for considering Veteran's Cemetery (Agenda Item 55B). • George Estrada, commented on Agenda Item 55C, opined that City does not have jurisdiction over immigration laws. • John Raya, invited City Council to Amateur Boxing on March 22nd at Jerome Center at 1 p, M. • Matthew Southgate, representing United Artist of Santa Ana, congratulated SACReD in efforts on Strategic Plan; opined that arts and culture related requests have been replaced by entertainment. • Allen Baylis, spoke in support of staff's recommendation on Red Light Cameras (Agenda Item 29B); opined that extending yellow light will reduce accidents. • Zuleima Valera, representing SACReD, thanked staff for including Restorative Justice and look forward to implementation. • Paola Alvarez, spoke in support of Strategic Plan; pleased that Plan includes many of the elements requested including internships. • Adriana Moreno, executive director of Children's Health Initiative, worked collaboratively with organizations to create health and wellness programs. • Apolonio Cortes, pleased with elements included in Strategic Plan; Economic Development efforts should assist all residents; expand transportation and bicycle safety; thanked all for community participation. • Manuela Lopez, has attended many community meeting on Strategic Plan; request termination of contract with ICE and use of City Jail; thanked City Council for supporting DACA resolution. • Sarai Arpera, recognized staff and City Council for inclusionary process with community members on Strategic Plan. • Alexis Teodoro, member of RAZZ, concerned with deportation practices by surrounding communities; ICE detainers are not mandatory and urge the City Council to not partake in the program; had presented resolution for staff consideration on how to stop detainers. • Abraham Medina, spoke on in support of Restorative Justice Proposal; request participation in implementation. • Giovanna Miranda, spoke in opposition to contract with ICE. CITY COUNCIL MINUTES 1 OX-4 MARCH 18, 2014 • Carlos Perea, addressed issue of ICE contract. • Taina Lopez, Hermandad Mexicana, spoke in support of Agenda Item 55C. • Maria Rosa Lopez, urged City Council to stop deportation efforts; need immigration reform. • Alfredo Amezcua, pleased that Agenda Item 55C agendized; representing City well on issue; pleased with Strategic Plan; recommended measurable data /monitoring • Guadalupe Mata, Los Amigos of Santa Ana, spoke in support of Agenda Item 55C - protects families; • Bob Warner, represents contractor, spoke in support of Red Light Camera program; request continuance of matter for further discussion and evaluation of program. • Thomas Gordon, thanked the City Council for Strategic Plan, but concerned that Plan continued to be updated as late as yesterday. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25J as recommended by staff with the following modifications: • Mayor Pulido pulled Agenda Item 25J for separate discussion; • Councilmember Sarmiento pulled Agenda Item 29B for separate discussion; • Councilmember Martinez pulled Agenda Item 25H for separate discussion; • Councilmember Amezcua request continuance of Agenda Item 29A; and • Councilmember Reyna pulled Agenda Item 25B for separate discussion. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 1 OA-5 MARCH 18, 2014 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE SPECIAL MEETING OF FEBRUARY 22, 2014 - Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF MARCH 4, 2014 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATE JOSE L. TAPIA TO THE RECREATION AND PARKS BOARD BY COUNCILMEMBER ANGELICA AMEZCUA AS THE WARD 3 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 13, 2016 — Clerk of the Council Office MOTION: Appoint Jose L. Tapia, Ward 2 Resident, to the Recreation and Parks Board. (Replaces B. Bauer). 13B. NOMINATE LISANDRO OROZCO TO THE ARTS AND CULTURE COMMISSION BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 13, 2016 — Clerk of the Council Office MOTION: Appoint Lisandro Orozco, Ward 1 Resident, to the Arts and Culture Commission. 13C. COUNCIL COMMITTEE REPORTS - Planning and Building Agency MOTION: Receive and file Development and Transportation Special Meeting Minutes of December 5, 2013; December 12, 2013; and Regular Minutes of January 9, 2014. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office CITY COUNCIL MINUTES 1 OX-6 MARCH 18, 2014 MOTION: Approve settlement agreements: • David Rondou v. City of Santa Ana; Workers' Compensation Appeals Board Case #ADJ8893266; Settlement in the amount of $19,665 plus lifetime medical related to his injury (Sarmiento, Benavides and Pulido were absent during discussion). • Marianne Murray v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ7076855, ADJ583190, ADJ666649, ADJ7076683; ADJ8272088, ADJ8272435; Compromise and Release in the amount of $493,489.00 (Sarmiento and Benavides absent during discussion of this matter) • AGMT NO. 2014 -068 - Jeanette Calhoun v. City of Santa Ana; Orange County Superior Court Case No. 30- 2013 - 0064997; Approved request to settle matter. • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Feebler vs. State of California Superior Court Case No. 34- 2012 - 80001172; Court of Appeal Case No. C073698; Council provided direction to staff. • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State; Council provided direction to staff. • JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477; Council provided direction to staff. 19B. EXCUSED ABSENCES — None 19C. CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT - Planning and Building Agency MOTION: Authorize submittal of the General Plan Housing Element Annual Progress Report to the State of California Housing and Community Development (HCD). 19D. REQUEST FOR PROPOSALS FOR THE MODERNIZATION OF DOWNTOWN PARKING METERS - Community Development Agency MOTION: Authorize the Community Development Agency to release a Request for Proposals to qualified firms for the purchase and installation of Smart Meters to replace regular on- street meters in Downtown Santa Ana. CITY COUNCIL MINUTES 107 MARCH 18, 2014 BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -008 - TACTICAL BODY ARMOR VESTS (Police Department) - Finance & Management Services MOTION: Award a contract to Galls, LLC in an amount of $100,600, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 14 -011 - LOCKS, KEYS AND LOCKSMITH SERVICES - Finance & Management Services MOTION: Amend the contract with Civic Center Lock & Safe to increase the aggregate limit by $15,000 in an annual amount not to exceed $40,000, subject to non - substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 14 -015 - PAPER GOODS (Police Department) - Finance & Management Services MOTION: Amend the contract with Gale Supply Company to increase the aggregate limit by $3,100 in an annual amount not to exceed $28,100, subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. AGMT NO. 2014 -069 - CUSTODIAL SERVICES AND REPLACEMENT FIXTURES OF PARK RESTROOMS IN DISTRICTS THREE AND FOUR - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment, with Bell Building Maintenance Company to increase the agreement amount by $12,000 for a total amount not to exceed $88,389 and extend the agreement to May 31, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. ; PAGMT CITY COUNCIL MINUTES 2014 -070 - CONSOLIDATED MEMORANDUM OF DING WITH POLICE OFFICER'S ASSOCIATION (POA) WAGES AND OTHER TERMS AND CONDITIONS OF 1 OX-8 MARCH 18, 2014 Councilmember Reyna asked if this action would impact future negotiations. City Manager Cavazos indicated that all bargaining groups to negotiate contracts on same schedule. MOTION: Approve a consolidated Memorandum of Understanding with the Police Officers Association, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Reyna VOTE: AYES: NOES: ABSTAIN ABSENT: 25C. AGMT NO. 2014 -071 Management Services SECOND: Martinez Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) - MERCHANT PAYMENT SERVICES - Finance & MOTION: Authorize the City Manager and the Clerk of the Council to execute 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 NO. 2014 -072 - JANITORIAL SERVICES AT CITY HALL, BRIDGE, ROSS ANNEX, CORPORATE YARD BUILDINGS, A. J. STORES, PUBLIC WORKS ADMINISTRATION, SANTA ANA POLICE ATHLETIC ACTIVITY LEAGUE FACILITY, AND CENTENNIAL TRAINING CENTER - Finance & Management Services MOTION: Authorize the City Manager and the Clerk of the Council to execute an amendment with Bell Building Maintenance, Inc. in an annual amount not to exceed $194,040 for a period ending June 30, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AGMT NO. 2014 -073 - INOVAH COMPUTERIZED CASHIERING SYSTEM MAINTENANCE AND PROGRAMMING- Finance & Management Services CITY COUNCIL MINUTES A OX-9 MARCH 18, 2014 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with System Innovators, a division of Harris Computer Corporation in an amount aggregate limit not to exceed $35,000 annually for a three year term for total contract amount of $105,000 extending through March 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2014 -074 - AMEND MASTER FUNDING AGREEMENT, C -1 -2783, FOR MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Amendment No. 6 to the Master Funding Agreement with the Orange County Transportation Authority to change term to a period of five years, subject to non - substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2014 -075 - PROPANE FUELING STATION AT THE SANTA ANA CORPORATE YARD - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Arro Autogas, subject to non - substantive changes approved by the City Manager and City Attorney, to: 1. Provide and install propane fueling station equipment at the Santa Ana Corporate Yard, in an amount not to exceed $10,500; 2. Provide maintenance of the fueling station, in an amount not to exceed $4,950 annually, for a period of five years commencing with the City's written acceptance of the fueling facility; and, 3. Supply propane fuel in accordance with the agreement price proposal, also for a period of five years commencing with the City's written acceptance of the fueling facility. *Councilmember Sarmiento and Mayor Pulido abstained on Agenda Item 25H due to proximity to their business and left the dais during deliberation. 25H AGMT NO. 2014 -076 - PILOT PROGRAM FOR VALET PARKING SERVICES City Manager Cavazos highlighted pilot program. Council expressed unanimous support. CITY COUNCIL MINUTES 1 O A _A O MARCH 18, 2014 MOTION: Authorize the City Attorney to prepare and City Manager and Clerk of the Council to execute a license agreement with the selected vendor for a six -month pilot program, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) 251. AGMT NO. 2014 -077 - LOAN AGREEMENT FOR THE ACQUISITION AND REHABILITATION OF A MULTI - FAMILY PROPERTY LOCATED AT 940 MINNIE STREET - Community Development Agency 25J. MOTION: Authorize the City Manager or his designee and the Clerk of the Council to execute a loan agreement with 940 S. Minnie, LP in an amount not to exceed $1,422,000, subject to non - substantive changes approved by the City Manager and City Attorney. The Following speakers address the City Council on the matter: • Shawna Smith, spoke in support of the matter. • Gabriela Robles of St. Joseph Health spoke in support of the project. • Annette Walker of St. Joseph Health, financial support from non - profit organization. • Michael Harrah, of Caribou Industries, submitted proposal for consideration; recommend exterior of building be upgraded; suggest tabling matter for further consideration • Nancy Loughney, Director of Finance for Taller San Jose; expressed support of project. • John Raya, request Council set realistic goals and expectations for project and for all of those involved. o Cesar Covarrubias, representing the Kennedy Commission, supports proposed project. CITY COUNCIL MINUTES 1 o 1 -1 1 MARCH 18, 2014 Councilmember Benavides indicated that Request for Qualifications process discussed at Development and Transportation Council Committee with proposal review at the staff level; divided between social and business needs of the City and the two proposal submitted that would provide different services; asked about services to be provided by Taller San Jose. Councilmember Amezcua supports staff's recommendation. Councilmember Sarmiento thanked applicants for proposal, concerned with retrofit cost and investment needed to bring project forward; sees as public asset and return on investment. Representatives from St. Joseph and Taller San Jose responded that partnership with St. Joseph Health will allow them to leverage funds needed; fundraising has begun with $10 million pledge after tonight's approval; committed to project. Project would bring jobs to the City, wellness and fitness facility will directly impact the community; Wellness Center would be open to the public; restored to original purpose; and will request parking variance by the City as well as promote public transportation; would be willing to make exterior improvements within 120 days of approval. Councilmember Reyna, noted that YMCA develops skills and work by Taller San Jose has also provided services; supports project and serve our community. Representatives responded that Taller San Jose currently services 350 individuals, expect double or triple within short timeframe Mayor Pro Tern Tinajero asked about the process to consider non - profit organization. City Manager Cavazos noted that historic condition with be restored, parking accessible, and job creations were elements considered in recommending proposal. Mayor Pulido asked Mr. Harrah to describe the exterior renovations of his proposal. Would include broke glass, paint building, add lighting feature; expect $13 million in improvements; except exterior improvements to be completed within 180 days; his proposal also includes gym facility and open to the public. Offered $1 million to purchase building. St. Joseph Health representative indicated that exterior improvements will depend on historic restoration plans submitted; may City Attorney - point of clarification that reimbursement agreement will allow for hard money; exclusive agreement will come back to the city Council for approval; authority to negotiate is sought today; Taller San Jose could lease current facility out if they relocate to YMCA. City Manager clarified that both representatives were contacts and treated the same. CITY COUNCIL MINUTES 1 o -1 2 MARCH 18, 2014 Councilmember Martinez supports recommendation and thanked Taller San Jose and St. Joseph Health; will be community asset; changing people's lives will expand economic development; staff to consider including timeframe to improve the exterior in negotiations and allow gym to be open to the public. Mayor Pulido noted that other uses have been considered in the past. Add motion to consider allowing pool to be open to the public, as part of negotiations; as part of final negotiations, would like to include provisions that in the first 120- 180 days, the following work would be completed: Clean broken glass, add lighting features, paint outside of building, and clean up property. Concurrence by: Councilmembers Martinez and Sarmiento; would like to make sure that gym access, including the pool, is available for public access. MOTION: Authorize the City Manager and City Attorney to negotiate an Exclusive Negotiation Agreement on behalf of the City of Santa Ana with St. Joseph Health and Taller San Jose for the reuse of the YMCA building, and authorize the City Manager and City Attorney to negotiate, finalize and execute a Reimbursement Agreement with the parties in substantially the same form, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: MISCELLANEOUS - BUDGET 29A. SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) MOTION: Continue consideration of matter. MOTION: Amezcua VOTE: AYES SECOND: Martinez TO RENEW City Manager's Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 1 O �,3 -1 3 MARCH 18, 2014 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Sarmiento indicated that City has contractual obligation through June of 2015; supports staff recommendation. Mayor Pro Tern Tinajero, commented on heavy fines; need to educate community on how to prevent collisions. Councilmember Martinez thanked staff for placing on Agenda. Councilmember Amezcua supports staff's recommendation. MOTION: Direct staff to not exercise the available contract options with Redflex Traffic Systems for Automated Red Light Camera System and allow the contract to expire in June 2015. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 1 O ti4_A w MARCH 18, 2014 BUSINESS CALENDAR ITEMS RESOLUTIONS *Councilmember Sarmiento reported a Conflict of Interest on Agenda Item 55A due to a campaign contribution and left the dais during deliberation of this matter. 55A. EXTENSION OF CONDITIONAL USE PERMIT NO. 2010 -15 TO ALLOW A CARE HOME FOR THE ELDERLY AT 1600 EAST FIRST STREET — FARAMARZI FAMILY TRUST, APPLICANT - Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2010 -15 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1600 EAST FIRST STREET MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAINED Sarmiento(1) AND NOT PRESENT: ABSENT: None (0) 55B. ADOPT RESOLUTION TO CREATE NEW JOB CLASSIFICATIONS INCLUDING: DOWNTOWN DEVELOPMENT LIAISON, NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST AND CORRECTIONAL SERVICES OFFICER; PAY ADJUSTMENT FOR PART -TIME CLASSIFICATIONS; ALLOCATION OF STREET LIGHTING MAINTENANCE WORKER; REALLOCATION OF PUBLIC WORKS PROJECTS SPECIALIST; AND ADJUST COMPENSATION FOR SIX EXECUTIVE MANAGEMENT CLASSIFICATIONS - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82- 110AND 91- 066 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CITY COUNCIL MINUTES 1 O A_A 5 MARCH 18, 2014 CLASSIFICATION AND COMPENSATION PLANS WHICH INCLUDES PROVIDING PAY INCREASES FOR SEVEN PART TIME TITLES, TO ENSURE COMPLIANCE WITH STATE MINIMUM WAGE LAW, AND TO AMEND THE CITY'S BUDGET FOR FISCAL YEARS 2013 -2015. MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C. CONSIDERATION OF RESOLUTION ENCOURAGING THE UNITED STATES CONGRESS AND PRESIDENT OBAMA TO SUPPORT COMPREHENSIVE FEDERAL IMMIGRATION REFORM TO EXPAND THE DEFERRED ACTION PROGRAM TO PROTECT FAMILIES IMPACTED BY DEPORTATION - City Attorney's Office MOTION: Adopt a resolution. RESOLUTION NO. 2014 -012 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, IN ACCORDANCE WITH AND AS A COROLLARY TO SANTA ANA RESOLUTION NO. 2013 -023 EXPRESSING SUPPORT FOR COMPREHENSIVE FEDERAL IMMIGRATION REFORM AND URGING THE 113TH CONGRESS TO ENACT REFORMS THAT SECURE OUR BORDERS, ENSURE ECONOMIC STRENGTH AND PROMOTE STRONGER COMMUNITIES, NOW FURTHER URGING PRESIDENT OBAMA AND THE FEDERAL GOVERNMENT TO PROTECT OUR FAMILIES FROM DESTRUCTIVE AND NEEDLESS IMMIGRATION DEPORTATIONS BY SEEKING LEGISLATION TO EXPAND THE SUCCESSFUL DEFERRED ACTION PROGRAM TO INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY MOTION: Reyna SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 1 O A _A 6 MARCH 18, 2014 ABSENT: None (0) 55D. CONSIDERATION OF RESOLUTION IN SUPPORT OF THE PASSAGE OF ASSEMBLY BILL 1453 AND THE ESTABLISHMENT OF THE SOUTHERN CALIFORNIA STATE VETERANS' CEMETERY MOTION: Adopt a resolution. RESOLUTION NO. 2014 -013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, IN SUPPORT OF ASSEMBLY BILL 1453 AND THE ESTABLISHMENT OF THE SOUTHERN CALIFORNIA STATE VETERANS CEMETERY MOTION: Reyna SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. REVIEW AND ADOPTION OF THE FIVE -YEAR STRATEGIC PLAN (FY2014- 15 THRU FY 2018 -19) Councilmember Martinez proposed that Active Transportation fund a Coordinator position to lead Circulation Element, Safety Training through Police Department; additional four (4) Code Enforcement Officers to help with commercial and residential community concerns; Create city scholarship for sport participation; commitment to deferred maintenance and internship programs; request more accountability which is separated by policy, program, and plans; fiscal impacts for programs; Active transportation- would like to have a CicLAvia type event in Santa Ana- would like to have a "Sunday on Main Street" in South Main Street (15t and Main to Edinger) - event would close the street and then have people the opportunity to bike, walk and shop through this corridor; ICE language to be addressed to meet the commitment of the community. Direct City Attorney to provide language to this effect; matter to return in a year. CITY COUNCIL MINUTES 1 O A-1 7 MARCH 18, 2014 City Manager indicated that jail obligations have expanded to outside contracts, cost recovery and working with labor; when economically feasible will consider contract; currently operating in $3 -4 million deficit, result in City falling further behind on obligations. Councilmember Martinez, City Council to consider how the City chooses sites specifically designed for youth sports programs because currently they are not equitable to all residents. As alternative perhaps having a scholarship voucher program would meet the needs of more youth. This would be able to go to non- profits and other groups, not just certain facilities; community centers /parks to be renovated and a higher commitment to this type of deferred maintenance. Councilmember Amezcua reminded all that Plan is a living document that may be updated in the future; would like to see the final version with the concept changes Councilmember Martinez requested. Councilmember Reyna request timelines and benchmarks to be included in Plan; and ensure that departments continue to provide core services; supports CDBG funds to be directed to non - profits; would like to have programs for tracks and field, soccer, etc., which allow services to be available to a larger amount of youth. Councilmember Benavides noted that Plan is setting course for moving City in the right direction; on page 16 - community safety item 6F, re -entry programs, there should be mention of the business community as an addition to the list of resources; concurred with Councilmember Martinez on CicLAvia concept. Councilmember Sarmiento thanked staff and colleagues for participation; supports Councilmember Martinez on scholarship program and request Parks Director incorporate soccer; Plan was collaboration from many groups and residents. Mayor Pro Tem Tinajero reflected on community meetings in which priorities of the community provided and have been incorporated in Plan; congratulated Councilmember Martinez for her perseverance and foresight to bring forth Strategic Plan. City Manager Cavazos noted that traffic safety coordinator may be accomplished with reallocation; CDBG funding for Code Enforcement Officers and timeline and benchmarks will be incorporated into Plan; also, $500,000 identified for youth programs and $150,000 for sports scholarship. Councilmember Reyna request to be part of discussion on program criteria. Councilmember Martinez noted that only 8 facilities identified in Plan, but City has 29 parks and facilities; must be equitable to all sports and sites. CITY COUNCIL MINUTES 1 OA-1 8 MARCH 18, 2014 Mayor Pulido suggests non - profits join in efforts to leverage funds; combine efforts such as kids teach kids; balanced approach. The following comments and recommendations: Strategic Plan: • Develop an active transportation pilot event (i.e. Sunday on Main Street) • Develop a youth sports scholarship program • Develop timelines, performance measures and benchmarks • Addition of "business community" to Community Safety, Objective 6, Strategy f Budget Items: • Hire an Active Transportation Coordinator within the Public Works Agency • Seek funding to add 4 additional Code Enforcement Officers (CDBG) • Seek future funding for deferred maintenance of parks and community centers • Review the feasibility of eliminating Jail contracts in the next 12 months MOTION: Adopt the Five -Year Strategic Plan (FY2014 -15 thru FY 2018 -19). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 75A. AMENDMENT APPLICATION NO. 2013 -04, TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AND SITE PLAN REVIEW NO. 2013 -04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS AT 4226 -4306 WEST FIFTH STREET — URBAN LAND, LLC, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on February 24, 2014 by a vote of 6 -0 (Gartner absent). CITY COUNCIL MINUTES 1 O A_A 9 MARCH 18, 2014 Legal Notice published in the Orange County Reporter and notices mailed on March 7, 2014. Staff report presented by Acting Planning and Building Executive Director Karen Haluza Project Background • Planning Commission recommended approval on Sept. 23, 2013. • City Council adopted first reading of the ordinance approving the project on Nov. 4, 2013. • Following first reading the City received a letter questioning the adequacy of the environmental review. • Staff conducted additional analysis and prepared a Negative Declaration, which identified no significant impacts. • Planning Commission again recommended approval on Feb. 24, 2014. Project Description • Allows for the construction of a 28 -unit small -lot detached, for -sale residential community. • Brings property into consistency with General Plan designation of Low Medium Density Residential (LMR -11). • Improves street frontage by providing a new sidewalk and tree -lined parkway. • Provides for -sale housing opportunities for low -to- moderate income households. Site Plan Sample Elevations 4 At A a rt � 1 J �a CITY COUNCIL MINUTES 1 OA -n0 MARCH 18, 2014 i 1�4 ` Recommended City Council Action • Approve and adopt Negative Declaration, Environmental Review No. 2013- 14 • Adopt an ordinance approving Amendment Application No. 2013 -04 and Specific Development No. 86. • Adopt a resolution approving Tentative Tract Map No. 2013 -05 (County Map No. 17546) as conditioned. • Adopt a resolution approving Site Plan Review No. 2013 -04 as conditioned. Mayor Pulido opened the Public Hearing. Ralph Nicholas of P3 Service spoke on the matter. The Mayor closed the Hearing. Council discussion ensued. City Council clarified size of lots. MOTION: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2013 -04. 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2859 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET FROM GENERAL AGRICULTURAL (Al) TO SPECIFIC DEVELOPMENT NO. 86 (SD -86) (AA NO. 2013 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 86 (SD -86) FOR SAID PROPERTY 3. Adopt a resolution. RESOLUTION NO. 2014 -014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2013 -04, APPROVING TENTATIVE TRACT MAP NO. 2013 -05 (COUNTY MAP NO. 17546) AS CONDITIONED, AND APPROVING SITE PLAN REVIEW NO. 2013 -04 AS CONDITIONED FOR THE PROPERTY LOCATED AT 4226 -4306 WEST FIFTH STREET MOTION: Tinajero SECOND: Sarmiento" CITY COUNCIL MINUTES 1 OA-21 MARCH 18, 2014 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna, Sarmiento (2) *Councilmember Sarmiento seconded the motion, but stepped out of the room when vote casted. Councilmember Reyna was absent during discussion of Agenda Item 75A. 75B. ZONING ORDINANCE AMENDMENT NO. 2013 -02 TO AMEND PROVISIONS OF CHAPTER 41 RELATING TO SIGN PROGRAMS FOR REGIONAL COMMERCIAL CENTERS AND ATTRACTIONS, CITY OF SANTA ANA - APPLICANT - Planning and Building Agency Planning Commission approved recommended action on February 24, 2014 by a vote of 6 -0 (Gartner absent). Legal Notice published in the Orange County Reporter on March 7, 2014. Staff report presented by Acting Planning and Building Executive Director Karen Haluza Regional Commercial Centers & Attractions Planned Sign Programs Ordinance Background • Need identified for more flexible signage programs for large centers and attractions. • First draft of ordinance recommended for approval by Planning Commission on Sept. 23, 2013. • Development and Transportation Council Committee reviewed draft ordinance and provided feedback regarding digital signs on Nov. 7, 2013. • Planning Commission study session on Feb. 10, 2014. • Revised ordinance recommended for approval by Planning Commission on Feb. 24, 2014. Planned Sign Program Features • Establishes new definitions for: • Regional Commercial Centers • Regional Automobile Dealerships • Regional Attractions • Allows businesses to design custom sign programs to fit their unique identification needs. • Requires review and approval by the Planning Commission. CITY COUNCIL MINUTES 1 OX-22 MARCH 18, 2014 • Includes standards for electronic message displays. Planned Sign Program Features • Establishes new definitions for: • Regional Commercial Centers • Regional Automobile Dealerships • Regional Attractions • Allows businesses to design custom sign programs to fit their unique identification needs. • Requires review and approval by the Planning Commission. • Includes standards for electronic message displays to ensure safety and avoid neighborhood impacts. Examples of Sites • Discovery Science Center • Westfield Main Place • Brookhollow • Santa Ana Auto Mall • McFadden Place • Santa Ana Zoo • Kia Depot • Hutton Center Recommended City Council Action • Modify Section e) 1. to delete maximum number of signs along freeway frontage. • Modify Section e) 3. A. to read as follows: Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement. • Adopt a resolution approving ZOA No. 2013 -2 Mayor Pulido opened the Public Hearing. Gregg Berwin representing Westfield Mall spoke on the matter. The Mayor closed the Hearing. Council discussion ensued. Councilmember Benavides, would like to have language that requires quantity of public service announcement time required of digital sign applicants. Councilmember Reyna, Amend Zoning Ordinance related to sign program, concurred with Councilmember Benavides on requiring specific time language in the ordinance. MOTION: Continue consideration of matter. MOTION VOTE: Tinajero SECOND: Martinez AYES: Amezcua, Benavides, Martinez, Pulido, CITY COUNCIL MINUTES 10.4-23 MARCH 18, 2014 Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) WORK STUDY SESSION WSA. CITY OF SANTA ANA TRAFFIC SAFETY PROGRAM — 2014 — Public Works Agency Mayor Pro Tern Tinajero, motion to continue matter to following meeting. Councilmember Martinez objected; noted importance of matter and need to provide direction to staff; request Council vote. Mayor Pulido request staff provides alternatives to making study sessions more effective. MOTION: Continue consideration of matter. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Amezcua Amezcua, Benavides, Sarmiento, Tinajero (6) Martinez (1) None (0) None (0) COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Pulido, Reyna, Councilmember Amezcua: Invited all to attend the Plaza Primavera event on Saturday, March 22nd at 4 p.m.; and CITY COUNCIL MINUTES 1 OA-24 MARCH 18, 2014 • Reminded all that deadline to apply for Affordable Care fast approaching. Councilmember Reyna: • Urged all to conserve water; and • Shop in Santa Ana! Councilmember Benavides: • Encouraged all to shop in Santa Ana — Westfield Mall continues to expand with additional restaurants recently added; • New restaurant in area called Civic Cafe, support local businesses. Councilmember Martinez: • Concerned that Traffic Study matter continued — important for Mayor to review Agenda and allow ample time to discuss all matters; • Lowell Pio Pico Neighborhood Meeting - would like staff to start the process /report to create a task force of both city and county staff to address truck vendor issues. Need to work with the county to identify the best approach and remedy issue. Councilmember Sarmiento: • Request Orange County Fire Authority Battalion Chief discuss recent incident by OCFA firefighters. o Chief Espinoza apologized for incidents by a few firefighters who developed a t -shirt that lacked good judgment; not a reflection of professionalism of rest of firefighters. Mayor Pulido: • Adjourn in memory of Lee Hernandez, brother of Zeke Hernandez. ADJOURNED- 10:22P.M. - The next meeting of the City Council is scheduled for Tuesday, April 1, 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 Lee Hernandez Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Harbor Blvd. Mixed -Use Plan • Sunshine Ordinance Solar Permit Fee Waiver • Dangerous and Abandoned Buildings Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 1 OA-25 MARCH 18, 2014 1 OA -26