HomeMy WebLinkAbout2014-12-02 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
2, 2014
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:21 P.M.
ATTENDANCE COUNCILMEMBERS Present:
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES (5:25 p.m.)
MICHELE MARTINEZ
ROMAN A. REYNA
COUNCILMEMBERS Absent:
MIGUEL A. PULIDO, Mayor
VINCENT F. SARMIENTO
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 5:22 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:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Donald Sipple, et al., v. City of Alhambra, et al., Los Angeles Superior Court
Case No. BC462270.
Yolanda Pena vs City of Santa Ana; Case Nos. ADJ8099232 and ADJ8109301.
CITY COUNCIL MINUTES 1 DECEMBER 2, 2014
2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision
(d) of Section 54956.9 of the Government Code: - One Case
3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiator:
Employee Organizations
City Manager, David Cavazos
Executive Management (EM)
4. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section
54957(b)(1) of the Government Code:
Title: City Manager
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 5:45 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 2 DECEMBER 2, 2014
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:52 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (6:04 p.m.)
SAL TINAJERO, Mayor Pro Tem
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
VINCENT F. SARMIENTO
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCILMEMBER AMEZCUA
JERRY HILL, POLICE CHAPLAIN
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to
Alexis Rocha and April Vega for their recent victory at the World Ringside Tournament.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Matt
Ferrera and Stephen Donovan for establishing Smiles for Soldiers, a nonprofit that provides
dental care to veterans.
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to Mrs.
Angelica Cardoza, Saddleback High School teacher, for her dedication to working with
disabled students.
CITY COUNCIL MINUTES 3 DECEMBER 2, 2014
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO AND
COUNCILMEMBER REYNA to the Midget Red and Pee Wee Red Cheer Teams for being
selected to participate in the Pop Warner National Cheer Championships.
1. Midget Red Team: Head Coach: Pam Lollis-Louis, Assistant Coach: Jazmyn Louis,
Assistant Coach: Cassandra Ramirez, Team Parent: Maggie Valera, Student
Demonstrator: Jordyn Louis; Players: Elyciana Brown, Yvette Lobato, Jessica
Martinez, Gabriella Perez, Priscilla Perez, Maria Ponce, Arianna Rios, Liliana Rios,
Alexandra Rivas, Natalie Rodriguez, Janae Varela, Alexis Vergara,
2. Pee Wee Red Team: Head Coach Patty Madrid, Assistant Coach: Celeste
Martinez, Assistant Coach: Selina Prawl, Student Demonstrator: Alicia Quintero,
Student Demonstrator: Marissa Vasquez, Association Cheer: Pam Lollis-Louis;
Players: Jaime Buenaventura, Breanna Cazales, Gracie Contreras, Iverlynn Fuiava,
Sirena Galaviz, Arianna Garcia, Amira Gomez, Divony Lopez, Trinity Lopez, Alexis
Madrid, Kayla Manu, Kaylah Marquez, Natalia Mendoza, Natalie Morales, Briana
Roa, Valerie Shubin, Esveidy Soto,
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Rock Garcia, Parking Meter Technician II, Finance &
Management Services Agency
Francisco J. Orellana, Senior Engineer, Public Works
Agency
30 YEARS OF SERVICE Angela Christensen, Secretary to the City Manager,
City Manager's Office
35 YEARS OF SERVICE Roger A. Jones, Senior Librarian; Parks, Recreation &
Community Services
CLOSED SESSION REPORT — See Agenda Item 19A for Closed Session Report.
PUBLIC COMMENTS
• Frank Mirjanangir, spoke on Agenda Item 20B, section C regarding LED lighting contract;
concerned with bidding process.
• Michael Klibaikin, commented on Agenda Item 20D regarding charging stations.
CONSENT CALENDAR
MOTION: Approve Consent Calendar Items 10A through 31A as recommended
by staff with the following modifications:
CITY COUNCIL MINUTES 4 DECEMBER 2, 2014
• Mayor Pulido, abstained on Agenda Items 22A and 22B due to potential campaign
contribution;
• Councilmember Martinez, pulled Agenda Items 22B, 23A, and 25C for separation
action and abstained on Agenda Item 25E due to potential conflict of interest; and
• Councilmember Reyna, pulled agenda Item 20A for separate action.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 18, 2014 -
{STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office
MOTION: 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. SECOND READING ORDINANCE: ORDINANCE REPEALING ARTICLE III OF
CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE REGARDING
BICYCLE LICENSING AND REGISTRATION - {STRATEGIC PLAN NO. 5, 11 -
Clerk of the Council Office
Placed on first reading at the November 18, 2014 City Council meeting and
approved by a vote of 6-0 (Tinajero absent).
Published in the Orange County Reporter on November 21, 2014.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2873 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REPEALING ARTICLE III OF CHAPTER 10
ENTITLED REGARDING BICYCLE LICENSING AND REGISTRATION
REQUIREMENTS
CITY COUNCIL MINUTES 5 DECEMBER 2, 2014
11B. SECOND READING ORDINANCE: ZONING ORDINANCE AMENDMENT NO.
2014-02 TO ADOPT AN ADAPTIVE REUSE ORDINANCE — CITY OF SANTA
ANA, APPLICANT {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
Placed on first reading at the November 18, 2014 City Council meeting and
approved by a vote of 6-0 (Tinajero absent).
Published in the Orange County Reporter on November 21, 2014.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2874 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE TO ALLOW THE ADAPTIVE REUSE OF ELIGIBLE
BUILDINGS IN PROJECT INCENTIVE AREAS
BOARDS / COMMISSIONS / COMMITTEES
13A. MINUTES FROM THE FEBRUARY 27, 2014 AND SEPTEMBER 25, 2014
CODE OF CONDUCT AND ETHICS CITY COUNCIL COMMITTEE
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
MOTION: Receive and file Minutes.
13B. MINUTES FROM THE SEPTEMBER 4, 2014 DEVELOPMENT AND
TRANSPORTATION CITY COUNCIL COMMITTEE {STRATEGIC PLAN NO. 5,
1} - Planning and Building Agency
MOTION: Receive and file Minutes.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve settlement agreement:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
Yolanda Pena vs City of Santa Ana; Case Nos. ADJ8099232 and ADJ8109301;
in the amount of $27,500.
Donald Sipple, et al., v. City of Alhambra, et al. Los Angeles Superior Court
Case No. BC462270., Council provided direction for settlement. (A-2014-360)
CITY COUNCIL MINUTES 6 DECEMBER 2, 2014
19B. EXCUSED ABSENCES — Clerk of the Council Office
MOTION: Excuse the absence of Councilmember Sarmiento from said
meeting.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Martinez, Pulido, Reyna, Tinajero (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides, Sarmiento (2)
19C. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5,
11 — Clerk of the Council Office, Community Development Agency and Finance
& Management Services
MOTION: Approve the requests for the destruction of obsolete records
from various City departments in accordance with the retention schedule
outlined in City Council Resolution 2013-014. The Citywide Records
Retention Schedule has specific retention periods for many City
documents. The Schedule is modeled after the California Secretary of
State's sample for local government and incorporates other statutory
periods applicable to Santa Ana. These are minimum retention periods.
Each department makes discretionary decisions on whether to retain
records past the minimum requirements.
19D. REQUEST FOR PROPOSALS FOR FEDERAL EMERGENCY SOLUTIONS
GRANT FUNDED HOMELESS EMERGENCY ASSISTANCE {STRATEGIC
PLAN NO. 51 - Community Development Agency
MOTION: Authorize the Community Development Agency to release a
Request for Proposals to tax-exempt non-profit corporations that provide
services for homeless and at -risk of homelessness that are eligible under
the federal Emergency Solutions Grant (ESG) program.
19E. APPROVE SANTA ANA GRADE SEPARATION PROJECT REPORT
EQUIVALENT (PRE) AND RECEIVE AND FILE ENVIRONMENTAL
CLEARANCE {STRATEGIC PLAN NO. 5,4,6 AND 6,11 - Public Works Agency
MOTION:
CITY COUNCIL MINUTES 7 DECEMBER 2, 2014
1. Approve the Santa Ana Grade Separation Project Report Equivalent
(PRE).
2. Receive and file the Notice of Exemption (NOE) for this project dated
June 23, 2014.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
MOTION: Approve appropriation adjustments. (Requires five affirmative
votes)
1. APPROPRIATION ADJUSTMENT NO. 2015-101- Recognizing anticipated
city event revenue from fiscal year 2014-2015 in the amount of $375,000 in
the Parks, Recreation and Community Services City Events revenue account
and appropriate funds to the Parks, Recreation and Community Services
Agency expenditure accounts
2. APPROPRIATION ADJUSTMENT NO. 2015-101- Recognizing revenue from
fiscal year 2014-2015 in the amount of $104,890 in the Civic Center
Maintenance Charges revenue account and appropriate funds to the Civic
Center expenditure accounts;
3. APPROPRIATION ADJUSTMENT NO. 2015-101- Approve an appropriation
adjustment recognizing anticipated revenue from fiscal year 2014-2015 in
the amount of $5,952 in the Parks, Recreation and Community Service-
OCTA-Transport revenue account and appropriate funds to the Parks,
Recreation and Community Services Agency-OCTA-VNCOC Senior Mobility
Program expenditure account.
MOTION: Reyna SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
CITY COUNCIL MINUTES 8 DECEMBER 2, 2014
20B. APPROPRIATION ADJUSTMENT AND AGREEMENTS TO INSTALL LED
POST TOP STREETLIGHTS AND LED PARKING STRUCTURE LIGHTS
USING SOUTHERN CALIFORNIA EDISON ON -BILL FINANCING PROGRAM
FUNDING {STRATEGIC PLAN NO. 5, 2) - Public Works Agency
MOTION;
1. Direct the City Manager and Clerk of the Council to execute the
following agreements, subject to non -substantive changes approved
by the City Manager and City Attorney:
a) AGMT NO. 2014-301 - Powerlux Corporation to provide LED Double -
Fixture Type Post Top Streetlights for an amount not to exceed
$160, 290.
b) AGMT NO. 2014-302 - South Coast Lighting to provide LED Single -
Fixture Type Post Top Streetlights for an amount not to exceed
$120,800.
c) AGMT NO. 2014-303 - Amiran Construction to provide and install LED
parking structure lights for an amount not to exceed $84,680.
d) AGMT NO. 2014-304 - Southern California Edison to provide no -cost
funding through On -Bill Financing for the LED streetlights.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2015-100- Recognizing $418,664 in
funding from Southern California Edison into the Energy Conservation
revenue account and appropriating the same amount to the Energy
Conservation expenditure account for the installation of LED light fixtures.
20C. APPROPRIATION ADJUSTMENT AND AGREEMENT WITH STATE WATER
RESOURCES CONTROL BOARD AND REVISION OF THE FISCAL YEAR
2014-2015 CAPITAL IMPROVEMENT PROGRAM FOR PROPOSITION 40
STORM WATER GRANT FUNDING {STRATEGIC PLAN NO. 5, 2} - Public
Works Agency
MOTION;
1. AGMT NO. 2014-305 - Authorize the City Manager and the Clerk of the
Council to execute an agreement with the California State Water
Resources Control Board, subject to non -substantive changes by the
CITY COUNCIL MINUTES 9 DECEMBER 2, 2014
City Manager and City Attorney, for Proposition 40 Storm Water Grant
Program.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2015-098 - Recognizing Proposition
40 State Grant Funds in the amount of $288,898 into the States Grants —
Direct revenue account and appropriating the same amount to the Public
Works Water Quality & Control expenditure account for the Morrison Park
Low Impact Development Improvements Project.
3. Approve a revision of the Fiscal Year 2014-2015 Capital Improvement
Program to add the Morrison Park Low Impact Improvements Project.
20D. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2014
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) CLEAN
TRANSPORTATION FUNDS FOR ELECTRIC VEHICLE CHARGING
STATIONS
{STRATEGIC PLAN NO. 5, 21 - Finance & Management Services
Matter continued from the November 18, 2014 City Council meeting by a vote of
6-0 (Tinajero absent).
MOTION:
1. AGMT NO. 2014-306 - Authorize the City Manager and the Clerk of the
Council to execute an agreement, Contract No. ML14012, with South
Coast Air Quality Management District (AQMD) to install six Electric
Vehicle charging stations, subject to non -substantive changes
approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2015-092 - Recognizing 2014 South
Coast Air Quality Management District Clean Transportation grant funding in
the amount of $34,000 in the MSRC Reimbursement revenue account and
appropriate same to expenditure account.
20E. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2014
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) CLEAN
TRANSPORTATION FUNDS FOR PROPANE CONVERSION {STRATEGIC
PLAN NO. 5, 21 - Finance & Management Services
Matter continued from the November 18, 2014 City Council meeting by a vote of
6-0 (Tinajero absent).
CITY COUNCIL MINUTES 10 DECEMBER 2, 2014
MOTION:
1. AGMT NO. 2014-306 - Authorize the City Manager and the Clerk of the
Council to execute an agreement, Contract No. ML14012, with South
Coast Air Quality Management District (AQMD) to convert seven new
heavy-duty trucks to propane fuel usage, subject to non -substantive
changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2015-097- Recognizing 2014 South
Coast Air Quality Management District Clean Transportation grant funding in
the amount of $210,000 in the MSRC Reimbursement revenue account and
appropriate same to expenditure account.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 14-072 - ASPHALT STREET MAINTENANCE {STRATEGIC PLAN
NO. 6, 1C} (Public Works Agency) - Finance & Management Services
MOTION: Award a contract to Hardy & Harper, Inc. for a one year period
in an annual amount not to exceed $610,000, with provision for three one-
year renewals exercisable by the City Manager, subject to non -substantive
changes approved by the City Manager and the City Attorney.
*Mayor Pulido abstained due to potential conflict of interest.
MOTION: Award a contract to All American Asphalt repair for a one year
period in an annual amount not to exceed $450,000, with provision for
three one-year renewals exercisable by the City Manager, subject to non -
substantive changes approved by the City Manager and the City Attorney.
MOTION: Martinez SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Tinajero
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Sarmiento (2)
*Mayor Pulido abstained due to potential conflict of interest.
CITY COUNCIL MINUTES 11 DECEMBER 2, 2014
PROJECTS/CHANGE ORDERS
MOTION:
1. Award a contract to Paulus Engineering, Inc., the lowest responsible
bidder, for the construction of the 17th Street Water Main
Improvements, Bristol Street to Broadway, in accordance with the base
bid in the amount of $1,593,640 and a contingency of $239,301 for a
total amount not to exceed $1,832,571.
2. Approve the Cost Analysis for a total estimated project delivery cost of
$2,071,602.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
AGREEMENTS
SECOND: Tinajero
Amezcua, Martinez, Pulido, Reyna, Tinajero (5)
None (0)
None (0)
Benavides, Sarmiento (2)
25A. HISTORIC PROPERTY PRESERVATION AGREEMENTS (STRATEGIC PLAN
NOS. 5, 2 AND 5, 3) - Planning and Building Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
Mills Act agreements with the below -referenced property owners for the
identified structures, subject to non -substantive changes approved by the
City Manager and City Attorney.
1. AGMT NO. 2014-307 — Jeffrey W. Smith & Nancy A. Smith, HPPA #2014-
04, 2442 North Heliotrope Drive (Neiman House) Recommended Approval
Date/ Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained)
2. AGMT NO. 2014-308 — Gary L. Burkharsmeier & Paulette J.
Burkharsmeier, HPPA #2014-05, 2306 North Spurgeon Street (Kennedy
House), Recommended Approval Date/ Vote by HRC: 11/20/14, 8:0
CITY COUNCIL MINUTES 12 DECEMBER 2, 2014
3. AGMT NO. 2014-309 — Gary E, Humphreys & Julie Humphreys, HPPA
#2014-06, 2112 North Ross Street (Bemis House), Recommended
Approval Date/ Vote by HRC: 11/20/14, 8:0
4. AGMT NO. 2014-310 — David Butts & Ellen Friedlander, HPPA #2014-07,
1908 North Flower Street (Dr. D. Waynick House), Recommended
Approval Date/ Vote by HRC: 11/6/14, 8:0
5. AGMT NO. 2014-311 — Henry L. Jenkins & Sally Ann Salisbury, HPPA #
2014-10, 2223 North Flower Street (Gardner House) Recommended
Approval Date/ Vote by HRC: 11/6/14, 8:0
6. AGMT NO. 2014-312 — Ruth Lyons, HPPA #2014-13, 2340 North Park
Blvd. (Mellenthin House), Recommended Approval Date/ Vote by HRC:
11/6/14, 8:0
7. AGMT NO. 2014-313 — Joseph Chally & Katherine Chally, HPPA #2014-
15, 2416 North Riverside Drive (Mansur House), Recommended Approval
Date/ Vote by HRC: 11/20/14,7:0:1 (McLoughlin abstained)
8. AGMT NO. 2014-314 — Craig Hoffman & Elizabeth Hoffman, HPPA#2014-
16, 2415 North Bonnie Brae (Judge Allen House), Recommended
Approval Date/ Vote by HRC: 11/6/1, 8:0
9, AGMT NO. 2014-315 — Edward A. Murashie & Linda J. Grant, HPPA#
2014-17, 2139 North Flower Street (Dr. H.B. Nall -Belisle House),
Recommended Approval Date/ Vote by HRC: 11/20/14, 8:0
10. AGMT NO. 2014-316 — Lynda A. Yana, HPPA# 2014-18, 2438 North
Heliotrope Drive (Marksity House), Recommended Approval Date/ Vote by
HRC: 11/20114, 7:0:1 (McLoughlin abstained
11. AGMT NO. 2014-317 — Janet Tidgewell on behalf of the Tidgewell Family
Trust, HPPA# 2014-19, 501 West Nineteenth Street (Lacy -Murray House),
Recommended Approval Date/ Vote by HRC: 11/20/14,7:0:1 (Mill
abstained)
12. AGMT NO. 2014-318 — Mark Lunetto & Kathleen Lunetto, HPPA# 2014-20,
1812 North Ross Street (Sumner House), Recommended Approval Date/
Vote by HRC: 11/20/14,8:0
13. AGMT NO. 2014-319 — Laura A. Pickrell, HPPA# 2014-21, 2425 North
Heliotrope Drive (Walker-Sackerson House), 11/20/14,7:0:1 (McLoughlin
abstained)
14. AGMT NO. 2014-320 — Micah Stork & Kerri Stork, HPPA# 2014-22, 2388
North Heliotrope Drive (Harwood House), Recommended Approval Date/
Vote by HRC: 11/20/14,8:0
15. AGMT NO. 2014-321 — Linda Nelessen, HPPA#2014-23, 2428 North
Riverside Drive (Butler House), Recommended Approval Date/ Vote by
HRC: 11/20/14,7:0:1 (McLoughlin abstained)
16. AGMT NO. 2014-322 — Debra McEwen, HPPA# 2014-24, 201 East
Washington Avenue (Keech-Klatt House), Recommended Approval Date/
Vote by HRC: 11/20/14, 8:0
17. AGMT NO. 2014-323 — Chan Q. Kieu & Quynk Kieu, HPPA# 2014-25,
2221 North Heliotrope Drive (Maharajah House) , Recommended Approval
Date/ Vote by HRC: 11/20/14,8:0
CITY COUNCIL MINUTES 13 DECEMBER 2, 2014
18. AGMT NO. 2014-324 - Bryan Schmitz & Kathryn Schmitz, HPPA# 2014-
26, 524 West Nineteenth Street (Dixon House) , Recommended Approval
Date/ Vote by HRC: 11/20/14, 8:0
19. AGMT NO. 2014-325 - Craig Glaspell & Leigh Donovan, HPPA# 2014-27,
2104 North Santiago Street (Tidball House), Recommended Approval
Date/ Vote by HRC: 11/20/14, 8:0
20. AGMT NO. 2014-326 - Ronald Lee Scott, HPPA# 2014-28, 2372 North
Riverside Drive (E.C. Rogers House), Recommended Approval Date/ Vote
by HRC: 11/6/14, 8:0
21. AGMT NO. 2014-327 - Jeffrey A. Katz, HPPA# 2014-29, 1919 North
Heliotrope Drive (MacMullen House), Recommended Approval Date/ Vote
by HRC: 11/20/14, 8:0
22. AGMT NO. 2014-328 - Michael Viljak & Miya Suzuki, HPPA# 2014-30, 532
North Eastside Avenue (Richardson -Prentice House), Recommended
Approval Date/ Vote by HRC: 11/20/14, 7:0:1 (Hitterdale abstained)
23. AGMT NO. 2014-329 - Dean Guzman & Aldo Gonzalez, HPPA# 2014-31,
2445 North Riverside Drive (Dunton House), Recommended Approval
Date/ Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained)
24. AGMT NO. 2014-330 - Cynthia Ann Robbins, HPPA# 2014-32, 2446 North
Heliotrope Drive (Symmes House), Recommended Approval Date/ Vote by
HRC: 11/6/14, 8:0
25. AGMT NO. 2014-331 - Charles Jude Dzama & Angela Dawn Dzama,
HPPA# 2014-33, 2511 North Park Blvd. (Horace C. Head House),
Recommended Approval Date/ Vote by HRC: 11/6/14, 8:0
26. AGMT NO. 2014-332 - Mark A. Mittmann, HPPA# 2014-34, 2385 North
Riverside Drive (M. Heninger House), Recommended Approval Date/ Vote
by HRC: 11/20/14, 7:0:1 (McLoughlin abstained)
27. AGMT NO. 2014-333 - Joseph Albert Walsh & Ann L. Walsh, HPPA#
2014-35, 2405 North Heliotrope Drive (Clem House), Recommended
Approval Date/ Vote by HRC: 11/6/14, 8:0
28. AGMT NO. 2014-334 - Kenneth C. Jones & Helen Luetto Jones, HPPA#
2014-37, 2300 North Park Blvd. (Steele House), Recommended Approval
Date/ Vote by HRC: 11/20/14, 8:0
29. AGMT NO. 2014-335 - Richard C. Payne & Mirian S. Payne, HPPA# 2014-
38, 340 West. Nineteenth Street (Tate House), Recommended Approval
Date/ Vote by HRC: 11/20/14, 8:0
30. AGMT NO. 2014-336 - Norichika Okada & Heather Lenz, HPPA# 2014-39,
934 West Sharon Road (Cohrt-Fowler House), Recommended Approval
Date/ Vote by HRC: 11/20/14, 8:0
31. AGMT NO. 2014-337 - Craig Emmons Kalthoff & Franklyn Russell Patti,
HPPA# 2014-41, 2510 North Park Blvd. (McKamy House), Recommended
Approval Date/ Vote by HRC: 11/20/14, 8:0
32. AGMT NO. 2014-338 - Scott McDowell & Vanessa McDowell, HPPA#
2014-42, 2618 North Louise Street (Dutcher House), Recommended
Approval Date/ Vote by HRC: 11/20/14, 8:0
33. AGMT NO. 2014-339 - Michael J. Weatherly, HPPA# 2014-44, 2029 North
Flower Street (Dr. M. McMurray House), Recommended Approval Date/
Vote by HRC: 11/6/14, 8:0
CITY COUNCIL MINUTES 14 DECEMBER 2, 2014
34. AGMT NO. 2014-340 — Dennis Koldewey & Ellen Koldewey, HPPA# 2014-
45, 2125 North Heliotrope Street (Dye House), Recommended Approval
Date/ Vote by HRC: 11/6/14, 8:0
35. AGMT NO. 2014-341 — Robert Aubuchon & Ann L. Feng, HPPA# 2014-47,
2207 North Flower Street (Ranney House), Recommended Approval Date/
Vote by HRC: 11/20/14,8:0
36. AGMT NO. 2014-342 — George J. Honer & Sherri L. Honer, HPPA# 2014-
49, (Nisson House), Recommended Approval Date/
Vote by HRC: 11/6/14, 8:0
37, AGMT NO. 2014-343 — Stefan Wolff & Darlene Glenn, HPPA# 2014-50,
2133 North Greenleaf Street (Stein House), Recommended Approval Date/
Vote by HRC: 11/20/14, 8:0
38. AGMT NO. 2014-344 — David P. Ko & Jeanette L. Ko, HPPA# 2014-51,
1812 North Heliotrope Street (Bryte House), Recommended Approval
Date/ Vote by HRC: 11/20/14, 8:0
39. AGMT NO. 2014-345 — Alex L. Hart & Mason K. Nakamura, HPPA# 2014-
52, 2215 North Victoria Drive (Kimes House), Recommended Approval
Date/ Vote by HRC: 11/20/14, 8:0
40. AGMT NO. 2014-346 — Eric R. Carlson & John E. Baird, HPPA# 2014-54,
2441 North Riverside Drive (Henderson House), Recommended Approval
Date/ Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained)
25B. AGMT NO. 2014-347 — AMENDMENT - RENTAL AND INSTALLATION OF
EQUIPMENT - {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation &
Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment to the agreement with Al Party, increasing the
compensation by $2,939.06 for the Sunday On Main Open Streets event
(SOMOS) , total compensation not to exceed $51,970.06, subject to non -
substantive changes approved by the City Manager and City Attorney.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with WKE, Inc., subject to nonsubstantive changes
approved by the City Manager and City Attorney, for a two-year period
expiring December 2, 2016, with the provision for one one-year extension
exercisable by the City Manager, for a total agreement amount not to
exceed $600,000.
MOTION: Martinez SECOND: Reyna
VOTE: AYES: Amezcua, Martinez, Pulido, Reyna, Tinajero (5)
CITY COUNCIL MINUTES 16 DECEMBER 2, 2014
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides, Sarmiento (2)
25D. AGMT NO. 2014-349 - MEMORANDUM OF UNDERSTANDING (C-4-1772)
FOR THE 17TH STREET GRADE SEPARATION {STRATEGIC PLAN NO. 6, 1,
G} - Public Works Agency
MOTION; Authorize the City Manager to execute the Memorandum of
Understanding between the Orange County Transportation Authority and
the City of Santa Ana defining the roles and responsibilities for
preparation of a Project Report Equivalent and Environmental Document
for the 17th Street Grade Separation at the Los Angeles -San Diego -San
Luis Obispo Rail Corridor.
25E. AGMT NO. 2014-350 - RIGHT OF ENTRY AND LICENSE TO CONSTRUCT
AND MAINTAIN IMPROVEMENTS IN THE ALLEY NORTH OF SECOND
STREET BETWEEN BROADWAY AND SYCAMORE STREET {STRATEGIC
PLAN NO. 3,4,Aj - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
a Right of Entry and License Agreement with Corbiz, LLC,. subject to
nonsubstantive changes approved by the City Manager and City Attorney.
*Councilmember Martinez abstained due to potential conflict of interest.
CONDITIONAL USE PERMIT/VARIANCES
31A. CONDITIONAL USE PERMIT NO. 2014-33 FOR A TYPE 47 ALCOHOL
BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014-34
TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M., CONDITIONAL
USE PERMIT NO. 2014-35 TO ALLOW A BANQUET USE, AND
CONDITIONAL USE PERMIT NO. 2014-42 TO ALLOW AN INDOOR
COMMERCIAL RECREATION USE FOR THE COPPER DOOR AT 225%
NORTH BROADWAY—ALVIN OH, APPLICANT {STRATEGIC PLAN NOS. 3,2
AND 3, Q — Planning and Building Agency
Planning Commission approved recommended action on November 24, 2014,
by a vote of 5-0 (Alderete and Yrarrazaval absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014-33, Conditional use Permit No. 2014-34 as conditioned,
CITY COUNCIL MINUTES 16 DECEMBER 2, 2014
Conditional Use Permit No. 2014-35 as conditioned, and Conditional Use
Permit No. 2014-42 as conditioned.
RESOLUTIONS
55A.
55B.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
FRENCH COURT PERMIT PARKING DISTRICT {STRATEGIC PLAN NO. 5, 41
- Public Works Agency
The following speakers spoke in support of the permit.
• Ellen Diamond, spoke in support of the proposed permit parking district.
• Diane Ashbough, echoed support for the permit parking district.
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-081 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING AND SUPERCEDING RESOLUTIONS
NO. 93-090, NO. 94-012, AND RESOLUTION 2000-037 REGARDING THE
FRENCH COURT PERMIT PARKING DISTRICT
MOTION: Martinez
SECOND: Tinajero
VOTE: AYES:
Amezcua, Martinez, Pulido, Reyna, Tinajero (5)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Benavides, Sarmiento (2)
ADOPTION OF A RESOLUTION DESIGNATING OCTOBER 26 OF EACH
YEAR AS REPUBLIC OF VIETNAM DAY— City Manager's Office
Staff directed to prepare resolution in support of Republic of Vietnam Day as
discussed on Agenda Item 85A on November 18, 2014 City Council Meeting.
The proposed resolution designates the date of October 26 of each year as the
Republic of Vietnam Day to honor the Republic of Vietnam and recognize the
enormous sacrifices and contributions of its army, people, elected and
governmental officials as well as the American soldiers, the Vietnam War
Veterans, and the allied armies and their families.
CITY COUNCIL MINUTES 17 DECEMBER 2, 2014
REPORTS
65A.
The following speaker spoke in support of resolution: Ilya Tseylin.
MOTION: Adopt resolution.
RESOLUTION NO. 2014-082 - RESOLUTION ESTABLISHING OCTOBER
26TH OF EACH YEAR, AS THE REPUBLIC OF VIETNAM DAY TO HONOR
AND COMMEMORATE THE CONTRIBUTIONS AND SACRIFICES OF
ELECTED AND GOVERNMENTAL OFFICIALS FROM THE REPUBLIC OF
VIETNAM, AND THOSE COMMUNITY MEMBERS FROM THE REPUBLIC OF
VIETNAM AS WELL AS AMERICAN SOLDIERS, VIETNAM WAR VETERANS,
ALLIED ARMIES, AND THEIR FAMILIES
MOTION: Martinez
SECOND: Tinajero
VOTE: AYES:
Amezcua, Martinez, Pulido, Reyna, Tinajero (5)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Benavides, Sarmiento (2)
BUDGET CALENDAR FOR FISCAL YEAR 2015-2016 {STRATEGIC PLAN NO.
4, 1} - Finance & Management Services
MOTION: Approve the Budget Calendar for fiscal year 2015-2016.
MOTION: Martinez SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
65B. AUTHORIZE STAFF TO PREPARE DOCUMENTS FOR PROPOSED WATER
AND SEWER RATE ADJUSTMENTS {STRATEGIC PLAN NO. 6, 1, H} - Public
Works Agency
CITY COUNCIL MINUTES 18 DECEMBER 2, 2014
MOTION: Authorize and direct staff to prepare all required documents
necessary to proceed with notification of proposed water and sewer rate
adjustments in compliance with Proposition 218 requirements, including,
but not limited to, all of the following:
a) Prepare and mail proposed rate adjustment notices to all Santa Ana property
owners in compliance with Proposition 218 requirements;
b) Schedule a public hearing at a future Council meeting;
c) Prepare all other documents required to proceed with water and sewer rate
adjustments.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
*Mayor Pulido and Councilmember Martinez abstained on Agenda Item 75A due to potential
conflict of interest.
PUBLIC HEARINGS
75A. PUBLIC HEARING — 2015 DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT ASSESSMENT {STRATEGIC PLAN NO. 3, 4F) - Community
Development Agency
Legal Notice published in the Orange County Register November 7, 2014.
Due to a lack of quorum and eligible members to consider the item, City
Manager directed matter to be continued to the December 2, 2014 City Council
meeting.
Legal Notice re -published in the Orange County Reporter November 21, 2014.
No written protest received.
MOTION:
1. Conduct a public hearing to consider all protests regarding the
intention to levy an assessment for 2015 for the Downtown Santa Ana
Business Improvement District.
CITY COUNCIL MINUTES 19 DECEMBER 2, 2014
2. Review any written protests filed prior to the close of the public hearing
and determine whether they constitute a majority protest.
3. If the Council determines that no valid majority protest was lodged,
adopt a resolution confirming the Assessment Report and levying the
assessment for 2015.
RESOLUTION NO. 2014-083 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE
DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR
CALENDAR YEAR 2015
MOTION: Amezcua
VOTE: AYES
ABSTAINED
AND NOT
PRESENT:
WORK STUDY SESSION
SECOND: Benavides
Amezcua, Benavides, Reyna, Tinajero (4)
None (0)
Martinez, Pulido (2)
Sarmiento (1)
WS-A. MOBILE VENDING TRUCKS - Planning and Building Agency
Presentation by Alvaro Nunez, Community Preservation Coordinator:
Types of Vending Vehicles
• Catering Vehicles
• Sells hot and prepared foods.
• Currently 105 catering vehicles with active business licenses.
Types of Vending Vehicles
• Produce Vehicles
• Sells vegetables, fruit, candy, milk, etc.
• Currently 120 produce vehicles with active business licenses.
Mobile Vending Positives
• Provides access to food and other convenience items in dense
neighborhoods
• Easily accessible to those without transportation
• Sometimes extend credit for purchases
• Can act as "eyes on the street' due to their continual presence
CITY COUNCIL MINUTES 20 DECEMBER 2, 2014
Legislative History
• 1994 — City adopted ordinance to regulate mobile vending
• 1997 — Court injunction to cease enforcement of the regulations
• 2004/05 — City adopted new regulations
• 2006 — Ordinance challenged in both State and Federal Court
• State Superior Court issued injunction to cease enforcement of:
• Hours of operation
• Requirement to move every 90 minutes
• Revocation of City permits
• Federal District Court issued a Temporary Restraining Order prohibiting
enforcement of all aspects of the ordinance.
Common Concerns: Neighborhood Quality of Life
• Concentration of vending vehicles on neighborhood streets
• Loud noise
Damage to parkways
Overnight parking in residential zones
• Vehicles not returning to commissaries
• Vendors taking up limited parking spaces
• Late night operation
Common Concerns: Neighborhood Quality of Life
Common Concerns: Public Health
• Don't provide enough healthy food choices
• Sales of single cigarettes, fireworks, toy weapons
• Trash and litter accumulation
• Public urination
• Failure to comply with Orange County Health standards
Common Concerns: Public Safety
• Parking too close to intersections and driveways — blocks visibility at
crosswalks and sidewalks
• Mid -block pedestrian crossings to reach trucks
• Tables and chairs blocking sidewalks or set up in the road
• Can become targets for graffiti and gang identification
Existing Enforcement Tools Can Address:
• Obstruction on parkways/sidewalks
• Illegal or unsafe parking
• Trash
• Public urination
• County health standards
• Business license
• Graffiti
• Noise
CITY COUNCIL MINUTES 21 DECEMBER 2, 2014
Council discussion ensued, Unanimous consent to provide options, quantify
consequences and address food providers and healthy choices; staff to consider
moratorium on new mobile vending trucks to allow City Council to evaluate
options. Staff to prepare memo to City Council on current policy. Matter will be
brought back in February 2015 for further discussion.
RECESSED THE CITY COUNCIL MEETING AT 7:51 P.M. AND CONVENE THE HOUSING
AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 7:52 P.M.
WITH SAME MEMBERS PRESENT
COMMENTS
PUBLIC COMMENTS
• Michael Klubnikin, concerned with court system process.
• Connie Hamilton, reported that January 27, 2015 the County will have a Special Election
to vote on 1st District Supervisor, filing period ends December 27tn
90A. CITY MANAGER'S COMMENTS - None
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
o Noted that City Council has responsibility to set good policy;
o Thanked the community for participating in the Complete Streets workshops;
o Reported on upcoming City event — Fiesta Navidad to be held on Saturday,
December 13th;
o Acknowledged Parks and Recreation staff on grand opening of outdoor
exercise park;
o Congratulated Karen Haluza on upcoming promotion as Community
Development Director with the City of Fullerton;
o Proposed moratorium new mobile vending truck license; and
o Reported attendance at annual NALEO Conference in Washington DC, not
City funded.
Councilmember Amezcua:
o Commented on President Obama's new initiative on My Brother's Keeper;
o Spoke of illegal fireworks; draft ordinance to mitigate illegal fireworks for the
coming year; and
o Commented service of Karen Haluza and wished her well.
Councilmember Reyna:
CITY COUNCIL MINUTES 22 DECEMBER 2, 2014
o Encouraged all to conserve water;
o Recognition of veteran's important; City holding monthly flag raising
ceremony at the Main Library;
o Attended My Brother's Keeper meeting - well attended;
o Appreciate hard work and institutional knowledge that Karen Haluza takes
with her; wished her well in her new endeavor;
o Look forward to attending boxing match of April Rocha in the near future;
o Support our law enforcement agency; need to provide tools for success such
as body cameras; and
o Asked all to shop in Santa Ana.
Councilmember Benavides:
o Encouraged staff review design components — lighting and architecture of
Agenda Item 25C;
o Attended My Brother's Keeper meeting, met with White House staff recently
to discuss resources to support young men of color;
o Thanked City management for Christmas decorations and festive
environment along 4th Street;
o Invited all to Council Installation on December 9th.
o Thanked Karen Haluza for dedication and service to the community; and
o Wished all Happy Holidays and Merry Christmas.
Mayor Pro Tern Tinajero:
o Appreciate the hard work of Karen Haluza; extended well wishes in her new
role with the City of Fullerton;
o Reported that he attended New American Leaders Project (NALP), Power
and Policy Conference in Washington DC along with Councilmember
Amezcua;
o Directed staff to memorialize capital improvement projects and recognize
officials that made that possible; and
o Congratulated all recipients of certificates especially Pop Warner
Cheerleaders and wished them good luck in upcoming competition.
Mayor Pulido:
o Recognized all employees service award recipients and acknowledged
service of Karen Haluza; and
o Commended Mayor Pro Tem Tinajero for being inducted into the
International Teacher's Hall of Fame.
ADJOURNED - 8:18 p.m. - The next regular meeting of the City Council is scheduled for
Tuesday, December 16, 2014 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business Meeting at
5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana,
California.
CITY COUNCIL MINUTES 23 DECEMBER 2, 2014
Maria D. Huizar,
Clerk of the Coun4l
FUTURE AGENDA ITEMS
• Solar Permit Fee Waiver
• Proactive Rental Enforcement Program Renewal
• Water and Sewer Rate Update
CITY COUNCIL MINUTES 24 DECEMBER 2, 2014