HomeMy WebLinkAbout2014-12-16 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
DECEMBER 16, 2014
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VINCENT F. SARMIENTO, Mayor Pro Tern
ANGELICA AMEZCUA (5:19 p.m.)
P. DAVID BENAVIDES (5:19 p.m.)
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO (5:16 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
• Alitzel Velasco, spoke in opposition to propose bonus for City Manager; City in need
of social programs.
• Omar De La Riva, opposed to proposed bonus; suggested another year before
matter considered; also concerned with intimidation of security and use of wands at
City Council meeting.
• Marco Zeferino, concerned with proposed bonus, opined that City services would
benefit from funds.
• Marcos Rodriguez, no bonus for City Manager, City has low income residents;
community in need of safe bike lanes.
• Madeleine Spencer, commented on efforts by previous Interim City Manager that
allowed community to have additional funds for parks and recreation; opined that
bonus not merited after a year; expense accountability has not been shared with
community.
CITY COUNCIL AGENDA 1 DECEMBER 16, 2014
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:27 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:
2
k,
Lawrence Coleman v. City of Santa Ana; Workers' Compensation Appeals
Board case #ADJ9220544
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6(a):
Agency Negotiator:
Employee Organizations:
City Manager, David Cavazos
Executive Management (EM)
PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to
Section 54957(b)(1) of the Government Code:
Title: City Manager
4. PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: Planning and Building Agency Director.
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:26 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL AGENDA 2 DECEMBER 16, 2014
REGULAR OPEN MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:28 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VINCENT F. SARMIENTO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO
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
ISAIAH DIAZ AND MARTIN SALDANA,
WASHINGTON ELEMENTARY SCHOOL
DAVID MITCHELL, POLICE CHAPLAIN
SPECIAL PRESENTATION to Police Chief Rojas by California Highway Patrol (CHP).
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to
the Saddleback High School Football team for advancing to the 2014 CIF playoffs.
Coaches: Head Coach/Athletic Director - Rob Thompson, Offensive Coordinator
- Paul Carnegie, Offensive Line Coach - Jerry Witte, Defensive Line Coach -
Manny Villa, Linebackers Coach - Pati Tanielu, Quarterbacks Coach - Ramon
Saavedra, Defensive Backs Coach - Rory Carpenter, Strength and Conditioning
Coach - Ricardo Rosas
Players: Hector Barcenas, Jose Benitez, Jesse Cortez, Antonio Davalos,
Jonathon Duran, Giovanni Estrada, Eddie Flores, Emilio Garcia, Frankie Garcia,
CITY COUNCIL AGENDA 3 DECEMBER 16, 2014
David Goodgame, James Herrera, Juan Huertas, Jacob Jimenez, Pedro Leon,
Fernando Lopez, Anthony Luna, Giovanni Medina, Juan Medina, Jesus Morales,
Jorge Munoz, Emanuel Oropeza, Eduardo Pasallo, Daniel Porras, Arturo
Ramirez, Jonathan Reyes, Chris Rios, Luis Roldan, Alfredo Rosas, Johnny
Rojas, Jesus Rosas, Bryan Salcido, Ken Sierra, Sam Tanielu, Chris Thorn, Jorge
Valdez, Alexis Vega, and Osvaldo Zuno
CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report.
PUBLIC COMMENT - None
CONSENT CALENDAR
MOTION: Approve Consent Calendar Items 10A through 29A as
recommended by staff, with the following modifications:
• Councilmember Tinajero, pulled agenda Item 13A and 13C for separate
action;
• Councilmember Martinez, pulled Agenda Items 19C, 25A, 25B, and 25C for
separate action;
• Mayor Pro Tern Sarmiento abstained on Agenda Item 25B due to an
economic conflict of interest (represent business owner);
• Mayor Pulido, abstained on Agenda Item 25B out of an abundance of
caution (proximity to family business); and
• City Manager Cavazos noted that staff recommends a continuance on
Agenda Item 25A.
MOTION: Martinez SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS
Martinez, Pulido, Reyna,
CITY COUNCIL AGENDA 4 DECEMBER 16, 2014
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 2, 2014 -
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
MOTION: Approve Minutes.
10B. MINUTES FROM THE SPECIAL MEETING OF DECEMBER 9, 2014 -
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
MOTION; Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
Councilmember Tinajero proposed amended motion, seconded by
Sarmiento to reappoint 1-5 and 7, as follows:
Name
Board/Commission
1. Mike McGee
Arts and Culture Commission
2. Erika Carranza
Board of Recreation & Parks
3. Carl Benninger
Environmental & Transportation
Advisory Committee
4. Alberta D. Christy
Historic Resources Commission
5. Enrique Adame
Personnel Board
7. Anais Benavides Youth Commission, Associate
Councilmember Benavides noted that as a courtesy the nominees have
been approved by the City Council.
Councilmember Benavides, introduced a substitute motion, seconded by
Councilmember Reyna, as follows:
SUBSTITUTE MOTION:
members.
MOTION: Benavides
VOTE: AYES:
Approve all board and commission
SECOND: Reyna
Amezcua, Benavides, Reyna (3)
CITY COUNCIL AGENDA 5 DECEMBER 16, 2014
NOES: Martinez, Pulido, Sarmiento, Tinajero (4)
ABSTAIN: None (0)
ABSENT: None (0)
Substitute motion failed. Council discussion continued.
Councilmember Tinajero, commented that planning commissioners held to
high standards; member nominated for re -appointment has not complied
with bylaws.
Councilmember Reyna, noted that goal is to allow representatives and
voices of the community at the table, important to respect opinions.
Mayor Pro Tern Sarmiento, indicated that courtesy extended to nominating
Councilmember; concerned because there is cause; issue with disclosure
forms; commissioners held to higher standard; commissioners serve at the
pleasure of the Council and some have been removed in the past for
lesser cause; reportable documents that are mandated should be filed;
City Council has discretion not to reappoint.
Councilmember Benavides, requested clarification on Ex Parte
Communication form that was not filed; commissioner has filed all required
forms to date.
City Attorney Carvalho, indicated that commissioner has submitted all Ex
Parte contact forms as required by the Planning commission; explained
purpose of forms and also Fair Political Practices Commission form as
required.
Mayor Pro Tern Sarmiento requested clarification from City Attorney on
purpose of Ex Parte Communication form.
Council voted on original amended motion.
AMENDED MOTION: Reappoint 1-5 and 7.
Name
Board/Commission
1. Mike McGee
Arts and Culture Commission
2. Erika Carranza
Board of Recreation & Parks
3. Carl Benninger
Environmental & Transportation
Advisory Committee
4. Alberta D. Christy
Historic Resources Commission
5. Enrique Adame
Personnel Board
7. Anais Benavides Youth Commission, Associate
CITY COUNCIL AGENDA 6 DECEMBER 16, 2014
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Martinez, Pulido, Sarmiento, Tinajero (4)
NOES: Amezcua, Benavides, Reyna, (3)
ABSTAIN: None (0)
ABSENT: None (0)
13B. NOMINATE SUSAN TUCHLER TO THE PERSONNEL BOARD,
RECOMMENDED BY COUNCILMEMBER TINAJERO AS THE WARD 6
REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 11, 2018
(REPLACES J. RAMIREZ) {Strategic Plan No. 5, 1) - Clerk of the Council
Office
MOTION: Appoint Susan Tuchler to the Personnel Board (Ward 6
Resident).
13C. NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6
REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSIONS FOR
A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO.
5, 1} - Clerk of the Council Office
Councilmember Tinajero proposed amended motion, seconded by
Martinez to re -appoint 1-4; remove Adrian Sarmiento due to conflict with
school schedule, he is unable to continue to serve
AMENDED MOTION: Reappoint 1-4
Name Board/Commission
1. Sandra "Pocha" Pena Arts and Culture Commission
2. Maricela Vallejo Board of Recreation & Parks
3. Mark S. McCoughlin Historic Resources Commission
4. Sean Mill Planning Commission
5. Adrian Sarmienie Youth Commission, Associate
Councilmember Benavides introduced a substitute motion, seconded by
Reyna to reappoint 1-3. Council discussion ensued.
Councilmember Benavides, commented that Planning Commissioner
nominated for re -appointment inappropriately used City logo for personal
benefit and unethical.
City Manager Cavazos clarified that Communications Manager had sent
letter to commissioner on that matter.
CITY COUNCIL AGENDA 7 DECEMBER 16, 2014
SUBSTITUTE MOTION: Reappoint 1-3.
Name Board/Commission
1. Sandra "Pocha" Pena Arts and Culture Commission
2, Maricela Vallejo Board of Recreation & Parks
3. Mark S. McCoughlin Historic Resources Commission
4. Sean Moll Planning rn,,,..,is��nn
5. Adrian Sarmoentn Youth Ge ...s'o , Av v mate
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Benavides, Reyna (2)
NOES: Amezcua, Martinez, Pulido, Sarmiento,
Tinajero (5)
ABSTAIN: None (0)
ABSENT: None (0)
Substitute motion failed. Council voted on original amended motion.
AMENDED MOTION: Reappoint 1-4.
Name Board/Commission
1. Sandra "Pocha" Pena Arts and Culture Commission
2, Maricela Vallejo Board of Recreation & Parks
3. Mark S. McCoughlin Historic Resources Commission
4, Sean Mill Planning Commission
5. AAdFian Sarmgento 'Ye hug, G0Fn ,:ssiGR, Associate
MOTION: Tinajero SECOND: Martinez
VOTE: AYES: Amezcua, Martinez, Pulido, Sarmiento,
Tinajero (5)
NOES: Benavides, Reyna (2)
ABSTAIN: None (0)
ABSENT: None (0)
Councilmember Tinajero noted that if mistake made, need to rectify
immediately to show integrity.
Councilmember Amezcua, commented that Council responsible for
communication with commissioners.
CITY COUNCIL AGENDA 8 DECEMBER 16, 2014
Councilmember Reyna, opined that all commissioners need to be held to
the same standard,
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION; Approve.
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION
pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the
Government Code: Lawrence Coleman v. City of Santa Ana; Workers'
Compensation Appeals Board case #ADJ9220544; Settlement agreement
in the amount of $52,868.79.
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6(a):
Agency Negotiator: City Manager, David Cavazos
Employee Organizations: Executive Management (EM)
City Council provided staff direction.
19B. EXCUSED ABSENCES — None
Councilmember Martinez thanked City Manager for providing monthly
report and requested accountability matrix.
MOTION: Receive and file the Strategic Plan Monthly Report for
November 2014.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL AGENDA 9 DECEMBER 16, 2014
ABSENT: None (0)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE
AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING
{STRATEGIC PLAN NO. 1, 3B} - Police Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2015-111 - Recognizing $642,464
in Board of State and Community Corrections 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.
20B. APPROPRIATION ADJUSTMENT AND EXTEND PARTNERSHIP
FUNDING AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON
AND SOUTHERN CALIFORNIA GAS COMPANY {STRATEGIC PLAN
NO. 5, 21 - Public Works Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute
amendments to partnership agreements subject to non -
substantive changes approved by the City Manager and City
Attorney.
AGMT NO. 2014-351 - With Southern California Edison to extend the
term through June 30, 2016, and increase funding allocation by
$70,000.
AGMT NO. 2014-352 — With Southern California Gas Company, to
extend the term through June 30, 2016, and increase funding
allocation by $28,000.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
CITY COUNCIL AGENDA 10 DECEMBER 16, 2014
APPROPRIATION ADJUSTMENT NO. 2015-108 - Recognizing
$70,000 and $28,000 in funding from Southern California Edison and
Southern California Gas Company, respectively, and appropriating the
same amount to the Public Works Administrative Services Contract
Services -Professional account for fulfillment of the partnerships.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 14-033 - AMENDMENTS - DESKTOP COMPUTERS,
LAPTOPS, MOBILE DEVICES & RELATED EQUIPMENT {STRATEGIC
PLAN NO. 1, 2A; 2, 3D} (Parks Recreation & Community Services and
Police Department) — Finance & Management Services
MOTION: Amend the contracts terminating August 4, 2015 in an
amount of $320,000, subject to non -substantive changes approved
by the City Manager and City Attorney, with the following vendors
Direct Manufacturer: Value -Added Resellers:
Dell Computer Corp. CDW Government, LLC,
CherryStonelT, Inc.,
Insight Investments, Vology
22B. SPEC. NO. 14-070 - COMMUNITY EDUCATIONAL AND PROMOTIONAL
MATERIALS, EMPLOYEE YEARS OF SERVICE AWARDS, AND SILK
SCREENING AND EMBROIDERY {STRATEGIC PLAN NO. 7, 21 -
Finance & Management Services
MOTION: Award a contract to McVicker and Associates, for a one-
year period in an annual amount not to exceed $55,000, with
provisions for two one-year renewals exercisable by the City
Manager, subject to non -substantive changes approved by the City
Manager and City Attorney.
22C. SPEC. NO. 14-086 - GLOCK FIREARMS {STRATEGIC PLAN NO.1, 51
(Police Department) - Finance & Management Services
MOTION: Award a contract to Proforce Law Enforcement for the
purchase of 215 Glock firearms in an amount of $24,500; and an
additional $10,000 for an annual blanket order contract for a total
amount not to exceed $34,500, subject to non -substantive changes
approved by the City Manager and City Attorney.
AGREEMENTS
CITY COUNCIL AGENDA 11 DECEMBER 16, 2014
25B.,,
Matter continued from the November 18, 2014 City Council meeting by a
vote of 6-0 (Martinez absent).
Mayor Pro Tern Sarmiento, noted that matter discussed at the
Development and Transportation Committee; does not support concession
agreement only consultant contract to evaluate assets.
Councilmember Martinez, concerned with process; request legal analysis
of contracts is included in agenda report.
MOTION: Matter continued indefinitely at the request of staff.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Councilmember Martinez, asked if staff considering other locations;
request matter be re-agendized for review by the Development
Committee.
City Manager Cavazos, indicated that no other location identified;
Downtown Liaison will be reviewing alternative sites.
MOTION: Authorize the City Attorney, City Manager, and Clerk of the
Council to execute a license agreement with Supreme Parking
Service for one year, starting January 1, 2015 with an option to
extend the contract an additional two years, for a total of three years.
Supreme Parking was selected based on qualifications and terms
proposed. This contract will generate $500 per month at
approximately $6,000 per year in revenue for the City.
MOTION: Martinez SECOND: Reyna
CITY COUNCIL AGENDA 12 DECEMBER 16, 2014
VOTE: AYES: Amezcua, Benavides, Martinez,
Tinajero (5)
NOES: None (0)
ABSTAIN: Pulido, Sarmiento (2)
ABSENT: None (0)
Reyna,
Water Resources Manager Nabil Saba, explained purpose and term of
agreement.
MOTION: Authorize the City Manager and Clerk of the Council to
execute a Current Base Purchase Order Agreement with the
Metropolitan Water District of Southern California to purchase (Refer
to Attachment 2 for rates and charges) imported water during the 10-
year period from January 1, 2015, through December 31, 2024,
subject to non -substantive changes approved by the City Manager
and City Attorney.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
25D. AGMT NO. 2014-355 - POWER WASHING AND SWEEPING AT THE
SANTA ANA REGIONAL TRANSPORTATION CENTER (SPEC. NO. 14-
079) {STRATEGIC PLAN NO. 6, 1, C) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with TSCM Corporation, subject to non -
substantive changes approved by the City Manager and City
Attorney, for a two-year period ending December 31, 2016, with two
one-year renewal options exercisable by the City Manager, in an
CITY COUNCIL AGENDA 13 DECEMBER 16, 2014
amount not to exceed $40,700 annually, which includes a $5,000
contingency.
25E. AGMT NO. 2014-356 - WATER QUALITY CONSUMER CONFIDENCE
REPORT {STRATEGIC PLAN NO. 1, 41 - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Straightline Communications, subject to
non -substantive changes approved by the City Manager and City
Attorney, for a three-year period expiring December 31, 2017, with
one provision for a two-year renewal exercisable by the City Manager
and City Attorney, in an amount of $40,000 per year, for a total not to
exceed $120,000 for the agreement term.
25F. AGMT NO. 2014-357 - ENGINEERING CONSULTING SERVICES FOR
SANTA ANA DELHI DIVERSION PROJECT TO REMOVE ALL
POLLUTANT LOADS TRANSPORTED BY NON-STORMWATER
DISCHARGES IN THE DELHI AND SANTA ANA GARDENS CHANNELS
{STRATEGIC PLAN NO. 5, 2) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with URS Corporation, subject to non -
substantive changes approved by the City Manager and City
Attorney, for a three-year period expiring December 2, 2017, with a
provision for two one-year extensions exercisable by the City
Manager, in an amount not to exceed $550,000.
25G. AGMT NO. 2014-358 - AMENDMENT — SOFTWARE AND
MAINTENANCE OF THE INOVAH CASHIERING SYSTEM AND
PURCHASE OF HARDWARE AND SOFTWARE DEVELOPMENT OF AN
IMAGE CASH LETTER (ICL) SOLUTION {STRATEGIC PLAN NO. 7, 51 -
Finance & Management Services
MOTION: Authorize the City Manager and Clerk of the Council to
amend the agreement with System Innovators, a division of Harris
Computer Corporation, for software support and maintenance
related to the iNovah cashiering system, to increase the contract
amount by $30,000 for purchase of hardware and software
development of an Image Cash Letter (ICL) solution, subject to non -
substantive changes approved by the City Manager and City
Attorney.
MISCELLANEOUS - BUDGET
CITY COUNCIL AGENDA 14 DECEMBER 16, 2014
29A. AMENDMENT TO THE BLANKET ORDER CONTRACT FOR
MAINTENANCE PAINTING SERVICES TO CONTINUE THE ROSS
ANNEX FIRST FLOOR REFURBISHING PROJECT {STRATEGIC PLAN
NOS. 6, 2; 4, 11 - Finance & Management Services, Planning & Building
Agency and Public Works Agency
MOTION: Approve an increase of $1,685 in the blanket order contract
with 1 Solorio, Inc., for a total amended contract amount of $26,685,
to enable processing of the final outstanding invoice.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
ORDINANCES/FIRST READING
50A. EMERGENCY ORDINANCE AMENDING SANTA ANA MUNICIPAL
CODE (SAMC) SEC. 33-202 AND ADDING 33-206 RELATING TO
PAYMENT OF PREVAILING WAGES {STRATEGIC PLAN NO. 1, 3; 7,41
- City Manager's Office
MOTION: Adopt an emergency ordinance. (Requires five affirmative
votes)
ORDINANCE NO. NS-2875 - AN EMERGENCY ORDINANCE OF THE
CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE
SECTION 33-202 AND ADDING 33-206 TO THE SANTA ANA
MUNICIPAL CODE RELATING TO PAYMENT OF PREVAILING WAGES
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
RESOLUTIONS
SECOND: Pulido
Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento (6)
None (0)
None (0)
Tinajero (1)
CITY COUNCIL AGENDA 15 DECEMBER 16, 2014
55A. RESOLUTION AUTHORIZING A JOINT APPLICATION FOR FUNDING
UNDER THE INFILL INFRASTRUCTURE GRANT PROGRAM FOR THE
DEPOT AT SANTIAGO HOUSING PROJECT AT 923 NORTH
SANTIAGO STREET {STRATEGIC PLAN NO. 5, 3} - Community
Development Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-084 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR FUNDING UNDER THE INFILL INFRASTRUCTURE
GRANT PROGRAM FOR DEPOT AT SANTIAGO; THE EXECUTION OF
A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND
ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS
NECESSARY TO PARTICIPATE IN THE INFILL INFRASTRUCTURE
GRANT PROGRAM
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
REPORTS
65A. REVIEW COUNCIL COMMITTEES & APPOINTEES; RECEIVE AND
FILE BYLAWS, AND APPROVE 2015 CALENDAR OF MEETING DATES
{STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office
Councilmember Martinez, noted for the record that she will not seek
reappoint on the Public Safety Committee, Legislative Committee or the
Development & Transportation Committee. She would like to continue
serving on the Finance, Economic Development and Technology
Committee.
AMENDED MOTION: Matter continued to the January 20, 2015 City
Council Meeting.
MOTION:
Martinez
SECOND:
Pulido
VOTE:
AYES:
Amezcua,
Benavides, Martinez, Pulido,
CITY COUNCIL AGENDA 16 DECEMBER 16, 2014
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
65B. REVIEW OF REGIONAL BOARD APPOINTEES {STRATEGIC PLAN NO.
5, 11 - Clerk of the Council Office
AMENDED MOTION: Matter continued to the January 20, 2015 City
Council Meeting.
MOTION: Amezcua SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento (6)
NOES: Tinajero (1)
ABSTAIN: None (0)
ABSENT: None (0)
65C. PILOT HOMELESS PROPERTY STORAGE CHECK -IN CENTER AND
ENHANCED PUBLIC RESTROOMS SERVICES {STRATEGIC PLAN 1,
1 G) - City Manager's Office
The following addressed the City Council:
• Susana Sandoval, representative of Community United for
Environmental Justice, supports use of OCTA bus station and
expanded restroom services.
• Brizy Mae, supports storage facility and expanded restroom hours.
• Carlos Brown, shelter to serve the members of the community; use of
$96 million to provide needed services.
• Massimo Marini, representing Civic Center Roundtable, supports
recommendation #1, use of the OCTA Bus Shelter and extended
restroom hours; opined that City should be example of homeless
services.
• Allyson Crosby, representing Illumination Foundation, supports check -
in center and just treatment for homeless population.
CITY COUNCIL AGENDA 17 DECEMBER 16, 2014
Councilmember Martinez, supports use of OCTA; request hours of
operation accommodate the needs of the users and not City Hall business
hours; would like the site selection to occur regardless of County
commitment.
Mayor Pulido, believe there are restrictions with use of OCTA, City to
consider the Armory and take pro -active approach in making it a multi-
function site.
MOTION:
1. AGMT NO. 2014-359 - Authorize negotiations and City Manager
authority to enter into an agreement with Mercy House for the
operation of a pilot property storage check -in center for use by
the homeless in the Civic Center vicinity and allocate a project
budget of $54,500 for start-up costs and $136,000 for annual
operating expenses for a total amount not to exceed $190,500,
subject to approval by the City Attorney, with provision for a one-
year extension exercisable by the City Manager.
2. Direct the City Manager to enter into negotiation with the Orange
County Transit Authority and the County of Orange to amend the
Memorandum of Understanding to extend the public restrooms
hours at the Santa Ana Transit Terminal.
3. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2015-112 - Recognizing
$205,500 in general fund unassigned fund balance and allocate the
same in the General Non -Departmental account.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
PUBLIC HEARINGS
SECOND: Benavides
Amezcua, Benavides, Martinez, Reyna,
Sarmiento, Tinajero (6)
Pulido (1)
None (0)
None (0)
75A. PUBLIC HEARING: AUTHORIZING SUBMISSION OF GRANT
APPLICATION TO CALTRANS ELDERLY & DISABLED PERSONS
CITY COUNCIL AGENDA 18 DECEMBER 16, 2014
SPECIALIZED TRANSIT PROGRAM AND DESIGNATING CITY'S
SIGNATORY ON GRANT DOCUMENTS {STRATEGIC PLAN NO. 5, 2 &
2, 4} - Finance & Management Services and Parks, Recreation &
Community Services Agency
Legal Notice published in the Orange County Reporter on December 5,
2014.
Mayor Pulido, opened the Public Hearing. There were no speakers or
written communication. Mayor Pulido closed the Hearing.
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-086 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING STAFF TO APPLY FOR
FEDERAL TRANSIT ADMINISTRATION FUNDING PURSUANT TO 49
U.S.C. SECTION 5310 WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B. PUBLIC HEARING - ESTABLISHING FEES FOR MEDICAL MARIJUANA
REGISTRATION APPLICATION AND REGULATORY SAFETY PERMIT
{STRATEGIC PLAN NOS. 4-2A, 1-1 F} - Planning and Building Agency
Legal Notice published in the Orange County Reporter on December 5
2014 and December 12, 2014.
Mayor Pulido, opened the Public Hearing. There were no speakers or
written communication. Mayor Pulido closed the Hearing.
Councilmember Tinajero, requested staff to explain cost.
City Manager Cavazos, explained that the cost is recovery based;
administrative cost reflected in the fee.
CITY COUNCIL AGENDA 19 DECEMBER 16, 2014
Mayor Pro Tern Sarmiento, inquired how comparable our fee structure is
with other cities.
Staff confirmed that our fees are comparable with other cities.
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-087 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING FEES FOR THE
MEDICAL MARIJUANA REGISTRATION APPLICATION AND THE
REGULATORY SAFETY PERMIT IN ACCORDANCE WITH ORDINANCE
NUMBER NS-2864
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2013-14 — LOW
AND MODERATE INCOME HOUSING ASSET FUND {STRATEGIC
PLAN NO. 5, 11 - Community Development Agency
Councilmember Martinez, requested staff to compliance with our Housing
Element.
Executive Director of Community Development Agency Reender, noted
that City in full compliance with Element.
MOTION: Receive and file.
MOTION: Sarmiento SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Reyna, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL AGENDA 20 DECEMBER 16, 2014
ABSENT: None (0)
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place
items on the City Council Agenda to be considered by the City Council.
85A. DISCUSS PARK RANGER POLICY DIRECTION AND OPTIONS
(Councilmembers Martinez & Reyna)
The following spoke on the matter:
• Ann Salisbury, urge the City maintain the Park Ranger program,
supports parks and recreation programs and partnership programs.
• Dave Hoen, concerned with lack of outreach when matter considered
by council committees.
• Steve McGuigan, concerned with titles and agenda reports not
available on council committees, opined that rangers should remain
until end of the fiscal year; have expertise needed to handle parks.
• Monica Sutter, representing SEIU, concerned that City advertising to
recruit to replace annuitants; program should not be eliminated; extend
program until end of fiscal year; review policy changes; program has
helped the gang activity and have actively and pro -actively worked with
the community
• Rick Niedermeyer, could cause adverse effect if the park ranger
program eliminated; police officers have different perspective of
patrons.
Councilmember Martinez, concerned that council committee made
decision without coming back to full City Council for policy direction;
dismantling a program should be City Council action, not staff; request to
bring back options for City Council consideration.
Councilmember Tinajero, noted that Councilmembers were apprised of
situation by City Manager and SEIU was aware.
Mayor Pro Tern Sarmiento, agrees with misperception of having armed
park rangers; transition to park ambassadors; concerned with liability of
carrying weapon.
Councilmember Tinajero, commented on armed park ranger program,
what is liability? request to have Ambassador Program recruitment begin
and provide a 60 day period to support the transition process.
Police Chief Rojas, opined that armed park rangers are a liability since
they are not POST certified; accountability and transparency different
CITY COUNCIL AGENDA 21 DECEMBER 16, 2014
because calls not logged - parallel communication and tracking system of
concern; noted that city has full service police department.
City Manager Cavazos, noted that program being transferred to police
department; recommending 15 part-time ambassadors and one full time
police liaison to oversee program; request general direction from City
Council to hire park ambassadors to address annuitants and staff to return
with options regarding armed and not -armed staff.
RECESSED THE CITY COUNCIL MEETING AT 8:23 P.M. AND CONVENE THE
HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED
AT 8:24 P.M. WITH SAME MEMBERS PRESENT
PUBLIC COMMENTS
• America Najera, spoke on recent police incident; request independent review of
check -points; stand in solidarity of Maria and Teresa arrested by the Police.
• Michael Klubnikln, noted that Boston Tea Party held over 200 years ago today;
concerned with transfer of cases between courts.
• Ilya Tseglin, concerned with county social services.
• Abraham Medina, attended "My Brother's Keepers Alliance'; would like program to
be aligned with City's Strategic Plan.
• George Garcia, concerned with changes to park ranger program.
• Madeleine Spencer, spoke in support of Chicanos Unidos and Kidworks; need
funding for social programs and not restorative justice program; stand against
Townsend Gang Injunction and negative labeling.
• Dylan Thompson, spoke in support of community oriented policing
• Carolyn Torrez, representing Chicano Unidos, spoke against Townsend gang
injunction and civil rights violations.
• Hairo Cortes, also spoke in opposition to gang injunction; opined that police
polarizing issue; supports Cop Watch.
• Dulce Saavedra, Youth Empowerment Network, opposed to gang labeling and
negative effects on the community; additional social programs needed.
• Ramon Campos, represent Kidworks and working collaborative on gang injunction;
concerned with status labeled on all members of the neighborhood; need additional
social programs.
• Benjamin Vasquez, teacher at Valley High School, joined the struggle against
Townsend Gang Injunction; open to dialogue and need restorative justice.
• Joese Hernandez, opposed to gang injunction; not criminalize youth, but provide
community programs; need to invest in our youth; commented on City Manager
proposed bonus; request charges on Maria and Teresa be dropped — fighting for
CITY COUNCIL AGENDA 22 DECEMBER 16, 2014
immigrant rights and stop undocumented drivers; shared experience at Dia De Los
Muertos and intimidation by police officer; need cultural sensitivity training.
• Vanessa Cerda, Chicanos Unidos, thanked organizers for awareness; need for
respect by officials and community to be heard.
• Gaby Hernandez, Chicanos Unidos, noted that Santa Anita neighborhood has had
two deaths and Townsend none; stand up for civil rights; need justice and
democracy; need to agendize matter for discussion; need to file police complaint.
• Brenda Zeferino, does not support City Manager bonus; supports Maria Zacarias
and Teresa efforts; spoke of personal incident with his dad where an officer lied
under oath about arrest.
• Undisclosed, provided allegory of police arrest.
• Barbara Lamere, spoke on lack of lighting at park, noted that 10 lights out in tennis
courts and playground area; reported matter on November 6t" and has not been
fixed; supports current park ranger program.
• James Spady, Chicanos Unidos, spoke against gang injunction; need to engage in
dialogue; consider all options including after school programs.
• Ignacio Rios Jr., representing Santa Ana Boys and Men of Color, noted importance
of social and emotional awareness programs.
• Isaac Castillo, noted that City motto is "Education First"; need to focus on youth.
• Ana Urzua, commented on criminalization and racism; encourage the Police
Department to drop charges and change DUI check points; investigate actions; not
add additional funds for police force or programs; support restorative justice and
repair harm.
• Alfonso Alvarez, spoke of need for body video cameras to protect the community
and reduce complaints; opposed to gang injunctions; opine that faith based and
social organizations need to work together to address the root of the problem.
• Robert Sanchez, member of Chicanos Unidos, opposed to gang injunction, not
incarcerate youth; need to invest in our community and after -school programs.
• Ed Murashie, Connect to Council will host OC Supervisor Forum on January 6th at 7
p.m. and Rancho Community College; opine the best resource is neighborhood
association; need to leverage communication gap and get in front of the issue.
• Scott Sink, OC May Day Coalition, spoke on recent arrest of observers at DUI
checkpoint; need to review content of arrests; wanding erodes trust; City continues
to hold ICE detainees; need to get out of deportation and tow business.
• Gema Salas, stand in solidarity on missing youth in Mexico; request approval of
resolution to protect human rights like City of Pomona; need to protect immigrant
laws; police to have sensitivity training; need to understand reason for arrest of
Maria and Teresa.
• Rick Niedermeyer, thanked City Council for taking time to listen to community;
commented on CDBG application process; United States Soccer Federal has grant
funds available for synthetic turf; also request City Council adjourn meeting in
memory of Carlos Sedano.
90A. CITY MANAGER'S COMMENTS
CITY COUNCIL AGENDA 23 DECEMBER 16, 2014
■ City Manager Cavazos, commented on successful of clean-up at
Santiago Creek.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Amezcua:
o Thanked OCFA for clean up at Santiago Creek; and
o Wished all Happy Holidays and Merry Christmas.
Councilmember Reyna:
o Urged all to conserve water;
o Wished all Happy Holidays, Happy New Year and asked all to be safe;
and
o Request all shop in Santa Ana.
Councilmember Benavides:
o Thanked all speakers and noted that he was open to discuss gang
injunction;
o Wished all a Merry Christmas - important to appreciate family and
health; and
o Asked all to shop local businesses.
Councilmember Martinez:
o Merry Christmas and New Year; and
o Thanked residents for addressing the City Council and commend all
standing up for that they believe in; open to dialogue but must have
mutual respect.
Councilmember Tinajero:
o Expressed support for City Manager, deserves bonus;
o Noted that we need to continue to work together and find common
ground; and
o Wished all a fun time during holiday season.
Mayor Pro Tern Sarmiento:
o Thanked speakers for addressing a variety of issues;
o Thanked staff for hard work;
o Wished all a Merry Christmas and Happy New Year.
Mayor Pulido:
o Merry Christmas and Happy New Year to all; and
o Adjourned meeting in memory of Carlos Sedano.
ADJOURNED- 9:58 p.m.- The next meeting of the
City
Council
is scheduled for
Tuesday, January 20, 2015 at 5:00
p.m.
for the
Closed Session
Meeting immediately followed by
the
Regular
Open Business
CITY COUNCIL AGENDA 24 DECEMBER 16, 2014
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
Adjourn in Memory of
Carlos Sedano
"kZ) t)�
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Solar Permit Fee Waiver
• Proactive Rental Enforcement Program Renewal
• Water and Sewer Rate Update
CITY COUNCIL AGENDA 25 DECEMBER 16, 2014