City Council Meeting Agenda

December 2, 2013

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 Tinajero
Mayor Pro Tem - Ward 6
STinajero@santa-ana.org

Michele Martinez
Councilmember - Ward 2
MMartinez@santa-ana.org

P. David Benavides
Councilmember - Ward 4
DBenavides@santa-ana.org

 

Vincent F. Sarmiento
Councilmember - Ward 1
VSarmiento@santa-ana.org

Angelica Amezcua
Councilmember Elect – Ward 3
AAmezcua@santa-ana.org

Roman A. Reyna
Councilmember Elect – Ward 5
RReyna@santa-ana.org

Mayor and Council telephone: 714-647-6900
Agenda item inquiries: 714-647-6520

Sonia R. Carvalho
City Attorney
David Cavazos
City Manager
Maria D. Huizar
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 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 OF SANTA ANA

CITY COUNCIL
CLOSED SESSION MEETING

AGENDA

 

5:00 P.M.
DECEMBER 2, 2013

City Council Chamber
22 Civic Center Plaza
Santa Ana, California  92702

 

CALL TO ORDER                                             Mayor PULIDO

Councilmembers AMEZCUA, BENAVIDES, MARTINEZ, REYNA, SARMIENTO, TINAJERO

City Manager, City Attorney, Clerk of the Council

 

PUBLIC COMMENTS - Members of the public may address the City Council on items on the Closed Session Agenda.

 

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:

 

CLOSED SESSION REPORT  - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting.

Adjourn Closed Session and convene to the Regular Open Session.

 

CITY OF SANTA ANA
CITY COUNCIL REGULAR OPEN MEETING

DECEMBER 2, 2013

 

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 ALLEGIANCECarlos Ayala and Jakelyne Carrera of Lowell Elementary School

 

INVOCATION                                               Sam Thompson, Police Chaplain

 

PRESENTATIONS

EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:

20 YEARS OF SERVICE                     Ann Matulin, Jail Administrator, Police Department

35 YEARS OF SERVICE                     Gregorio O. Zul, General Maintenance Leader; Parks,
Recreation and Community Services

 

CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Latino Health Access CEO, America Bracho and the Wellness Corridor Steering Committee for their work on Wellness Corridor Project.

Steering Committee:

 

 

 

 

 

CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER REYNA to Toyama Karate Academy owner Jerry Cazalez, for his community support and longevity in Santa Ana.

 

CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Consul Alejandra Garcia Williams and the Mexican Consulate in recognition of their new office location and expansion to provide a larger facility to better serve Mexican nationals abroad.

 

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.

 

Text Box: CONSENT CALENDAR 


Recommended Action:  Approve staff recommendations on the following Consent Calendar items: Items 10A through 31B.

 

ADMINISTRATIVE MATTERS

MINUTES

10A.                MINUTES FROM THE REGULAR MEETING OF NOVEMBER 18, 2013 - 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.                AMENDMENT APPLICATION NO. 2013-04 TO CHANGE THE ZONING FROM GENERAL AGRICULTURAL (A1) TO SPECIFIC DEVELOPMENT NO. 86 TO SUBDIVIDE THREE PARCELS INTO 28 CONDOMINIUMS AT 4226-4306 WEST FIFTH  STREET - Planning and Building Agency

Placed on first reading at the November 4, 2013 City Council meeting and approved by a vote of 7-0.

                        Published in the Orange County Reporter on November 8, 2013.

                        Item continued from the November 18, 2013 City Council meeting by a vote of 6-0 (Tinajero abstained).

RECOMMENDED ACTION: Table the matter per staff’s request.  

 

 

11B.                TEMPORARILY DEFERRING COLLECTION OF DEVELOPMENT IMPACT FEES - Planning Building Agency

Placed on first reading at the November 18, 2013 City Council meeting and approved by a vote of 7-0.

                        Published in the Orange County Reporter on November 22, 2013.

RECOMMENDED ACTION: Place ordinance on second reading and adopt.  

ORDINANCE NO. NS-2855 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES

 

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 RECORDS - City Manager's Office and Community Development 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. 

 

BUDGETARY MATTERS

 

APPROPRIATION ADJUSTMENTS

20A.                AGREEMENT AND APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT FROM COUNTY OF ORANGE FOR POSTRELEASE COMMUNITY SUPERVISION - Police Department

                        Recommended Actions:

Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding, subject to non-substantive changes approved by the City Manager and City Attorney.

 

AGMT - With the County of Orange for Public Safety Realignment and Postrelease Community Supervision cost reimbursement in an amount of $144,434 retroactively from July 1, 2013 through June 30, 2014.

 

APPROPRIATION ADJUSTMENT NO. 2014-050 - Approve an appropriation adjustment in an amount of $144,434 for reimbursement costs from the County of Orange in revenue account and appropriate same to expenditure account.

 

20B.                APPROPRIATION ADJUSTMENT ACCEPTING CALIFORNIA ENDOWMENT GRANT FUNDING - Police Department

                        Recommended Action:    Approve an appropriation adjustment. (Requires five affirmative votes) 

                        APPROPRIATION ADJUSTMENT NO. 2014-047 - Recognizing California Endowment Program funding in an amount of $20,000 in revenue account and appropriate same to expenditure accounts.

 

20C.                APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING - Police Department

                        Recommended Action:    Approve an appropriation adjustment. (Requires five affirmative votes) 

APPROPRIATION ADJUSTMENT NO. 2014-048 - Recognizing $179,216 in Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to the grant expenditure account.

 

20D.                APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDING - Police Department

                        Recommended ActionS:  

 

APPROPRIATION ADJUSTMENT NO. 2014-049 - Recognizing 2013 Edward Byrne Memorial Justice Assistance Grant funding in the amount of $93,501 into the Byrne Justice Assistance revenue account and appropriate same to expenditure account.

 

AGMT – With the County of Orange, Sheriff’s Department to provide 2013 Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $93,501.

 

PROJECTS/CHANGE ORDERS

23A.                CONTINGENCY INCREASE FOR BROADWAY REHABILITATION FROM ANAHURST PLACE TO FIRST STREET (PROJECT NOS. 116736 & 116746) - - Public Works Agency

RECOMMENDED ACTIONS:  

 

APPROPRIATION ADJUSTMENT NO. 2014-051 - Recognizing $200,000 in interest earned in the Proposition 1B Fund revenue account and appropriating the same into the Proposition 1B Fund expenditure account

 

AGREEMENTS

25A.                AGMT – ORANGE COUNTY CIVIC CENTER CAMERA SYSTEM MAINTENANCE - Police Department

Recommended Action:  Award a contract to Siemens Inc. for a period of eighteen months, in an amount not to exceed $109,540, with an option to extend up to one additional 18-month period, subject to non-substantive changes approved by the City Manager and City Attorney.

 

 

25B.                AGMT – SETTLEMENT AGREEMENT WITH THE SMOG PLACE FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) – 1222 EAST FOURTH STREET (APN 398-385-03) - Public Works Agency

Recommended Action:  Authorize the City Manager and Clerk of the Council to execute an agreement with Antonio Rios dba The Smog Place, tenant of the property located at 1222 East Fourth Street (APN 398-385-03), in an amount of $17,665 for all right, title, and interest, in and to certain improvements, including fixtures and equipment, subject to nonsubstantive changes approved by the City Manager and City Attorney.

 

25C.                AGMT - SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT FOR SPECIALIZED ENGINEERING SOFTWARE - Public Works Agency

Recommended Action:  Authorize the City Manager and the Clerk of the Council to execute an agreement with Bentley Systems, Inc., in an amount not to exceed $50,000 per year, for a one year period, with the option to extend for up to two additional one-year terms, exercisable by the City Manager or his designated representative.

 

25D.                AGMT - VOLUME LICENSING & MAINTENANCE FOR MICROSOFT SOFTWARE AND PRODUCTS - Finance & Management Services

Recommended Action:  Approve and authorize the City Manager and Clerk of the Council to execute an agreement with CompuCom Systems, Inc. in an annual amount of $410,000 for a three-year term with the option to renew the agreement for one additional three-year term for Microsoft licensing and services plus up to $50,000 per year for additional Microsoft licensing and services as required in support of changes in City business operations subject to non-substantive changes approved by the City Manager and City Attorney.  Authorize the City Manager and Clerk of the Council to execute Microsoft Enterprise and Select Enrollment Agreements for volume licensing and maintenance.

 

MISCELLANEOUS - BUDGET

29A.                SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM - Community Development Agency

The Finance, Economic Development, and Technology Committee reviewed matter on October 14, 2013 and by a vote of 3-0 recommended City Council authorize staff to administer the program.

 

RECOMMENDED ACTION: Approve the Santa Ana Small Business Incentive Program, 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. 2013-39 TO ALLOW A TYPE 20 ABC LICENSE FOR A 7-ELEVEN STORE LOCATED AT 1441 WEST MACARTHUR BOULEVARD, UNIT D - MICHAEL CHO, APPLICANT - Planning and Building Agency

Planning Commission approved recommended action on November 12, 2013, by a vote of 6-0 (Yrarrazaval absent). 

RECOMMENDED ACTION:  Receive and file the staff report approving Conditional Use Permit No. 2013-39 as conditioned.

 

31B.                CONDITIONAL USE PERMIT NO. 2013-40 TO ALLOW A TYPE 20 ABC LICENSE FOR A 7-ELEVEN STORE LOCATED AT 2112 SOUTH MAIN STREET -  RALPH DEPPISCH, APPLICANT - Planning and Building Agency

Planning Commission approved recommended action on November 12, 2013, by a vote of 6-0 (Yrarrazaval absent). 

RECOMMENDED ACTION:  Receive and file the staff report approving Conditional Use Permit No. 2013-40 as conditioned.

 

**END OF CONSENT CALENDAR**

 

 

Text Box: BUSINESS CALENDAR 


ORDINANCES/FIRST READING

50A.                ORDINANCE TO CREATE AN ARTS AND CULTURE COMMISSION - Parks, Recreation & Community Services Agency

RECOMMENDED ACTION: Place ordinance on first reading and authorize publication of title.

                        AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW DIVISION 5, ESTABLISHING AN ARTS AND CULTURE COMMISSION

 

RESOLUTIONS

55A.                RESOLUTION AFFIRMING ADOPTION OF THE MEASURE M2 YEAR-END EXPENDITURE REPORT - Public Works Agency

RECOMMENDED ACTION:  Adopt a resolution.   

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE FY 2012/13 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA

 

55B.                RESOLUTION TO ADOPT ADDENDUM TO FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN WASHINGTON AVENUE AND 17TH STREET - Public Works Agency

RECOMMENDED ACTION:  Adopt a resolution.   

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

 

55C.                ADOPT RESOLUTION SUPPORTING THE UNITED STATES POSTAL REFORM LEGISLATION – City Manager’s Office

RECOMMENDED ACTION:  Adopt a resolution.   

                        A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING UNITED STATES POSTAL REFORM LEGISLATION

 

ADMINISTRATIVE MATTERS - BUSINESS

60A.                APPOINT REPRESENTATIVE TO THE ORANGE COUNTY VECTOR CONTROL - Clerk of the Council Office

The City’s current representative is Cecilia Aguinaga who has served in this capacity since November, 2010 and has expressed interest in continuing to represent the City.

                        RECOMMENDED ACTION: Appoint a representative to the Orange County Vector Control for a two year term expiring December 31, 2015.

 

REPORTS

65A.                DISCUSSION OF POTENTIAL CHARTER AMENDMENT FOR PRIMARY ELECTIONS AND RELATED ELECTION ISSUES - City Attorney's Office

                        RECOMMENDED ACTION: Staff recommends that the City Council discuss the election related items and provide direction.

 

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

 

Representative      Board
Pulido                        * Orange County Transportation Authority (OCTA)

Tinajero                      * Orange County Fire Authority (OFCA)

 

ADJOURNMENT  -             The next meeting of the City Council is scheduled for Monday, December 16, 2013 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