HomeMy WebLinkAbout2016-01-19 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JANUARY 19, 2016
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:11 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 (5:18 p.m.)
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:12 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters
without members of the public present. The City Council finds, based on advice from the City Attorney,
that discussion in open session of the following matters will prejudice the position of the City in existing
and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
1) Tarune Dillon, John Mendoza & Ivan Nathanson v. City of Santa Ana,
Orange County Superior Court Case No.: 30-2015-00786940-CU-MC-CJC,
CITY COUNCIL MINUTES 1 JANUARY 19, 2016
2) Matt Chou, et al. v. City of Santa Ana, United States Federal Case No.: SA
CV 15-00941
3) 1901 First Street Owner, LLC v. Tustin Unified School District, Orange
County Superior Court Case No.: 30-2015-00803234-CU-WM-CJC
4) Live2Love v. City of Santa Ana , Orange County Superior Court Case No.
30-2014-00762124-C U-M C-CJ C
5) Terra Collective v. City of Santa Ana, Orange County Superior Court Case
No. 3 0-2014-0 0762123-C U- M C-C J C
6) Natures Holistic v. City of Santa Ana, Orange County Superior Court Case
No. 30-2015-00782237-CU-M C-CJC
7) Enzoc Consulting v. City of Santa Ana, Orange County Superior Court Case
No. 30-2015-00826605-C U- M C-CJ C
2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION
Significant exposure to litigation pursuant to paragraph (4) 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 Negotiators: Personnel Services Executive Director, Ed Raya
Employee Organizations: Service Employees' International Union, Part -
Time
4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the
Government Code:
Title: Chief Technology Innovations Officer
COUNCIL AGENDA ITEM
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.
5. PUBLIC EMPLOYEE — ANNUAL EVALUATION OF PERFORMANCE pursuant
to Section 54957(b)(1) of the Government Code: (Councilmembers Reyna and
Amezcua)
Title: City Manager
CITY COUNCIL MINUTES 2 JANUARY 19, 2016
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
*Councilmember Amezcua left the meeting at 6:40 p.m. and did not return.
ADJOURNED THE CLOSED SESSION MEETING AT 6:40 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 3 JANUARY 19, 2016
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:43 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VINCENT F. SARMIENTO, Mayor Pro Tern
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO
PLEDGE nr n' s EG-I Li Al CE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
ANGELICA AMEZCUA
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
nnAvnR pi iiLlnn
COUNCILMEMBER MARTINEZ
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
25 YEARS OF SERVICE Eric S. Demopoulos, Police Officer, Police
Department
Osvaldo Rangel, Tree Maintenance Supervisor,
Public Works Agency
Gail M. Woods, Executive Assistant, City Manager's
Office
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to two
Santa Ana AYSO teams for winning the Area 11-K Playoffs:
CITY COUNCIL MINUTES 4 JANUARY 19, 2016
Under 12 Years - Boys Team
Coach: Jose Hernandez; Assistant Coach Sarah Nelson
Players: James Beltran; Marco Castebada; Jasper Felder; Christian Kemechs; Rogelio
Lopez; Jimmy Espinosa Lucero; Sergio Macias; Derick Manzano; David Molina; Cesar
Perez; Isaias Ramirez; Issac Rodriguez
Under 10 Years - Girls Team
Coach Eric Valle; Assistant Coach Eddy Guevera
Players: Donna Van Buskirk; Jaidy Guevara; Clarrisa Huerta; Samantha Leon; Alexa
Martinez; Jazmin Rodriguez; Isabella Rojas; Erica Valle
PROCLAMATION presented by COUNCILMEMBER REYNA to Santa Ana College's El Don
Newspaper for winning the Associated Collegiate Press National Pacemaker Awards at the
annual Associated Collegiate Press/College Media Association Joint Annual Convention.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to student
journalists of El Don newspaper at Santa Ana College for their excellent writing skills: Juan
A. Avila Bran; Ashley M. Binder; Jorge L. Campos; Rosalia S. Cato; Arleeny B. Escarcega;
Daniel A. Garcia; Laura 0. Garcia; Adrian Gonzalez; Alessandra Gonzales; Nashe E. Harley;
Meghan G. Kliewer; Andrew Mata; Joanna A. Meza; Juan A. Olivares; Edgar I. Ornelas; Karla
N. Ornelas; Itzel V. Quintana; Anjel Ramirez; Alex Robles; Emilio J. Rodriguez; Gracia M.
Sanchez; Rogelio N. Santana; Jose E. Servin; Angela V. Truong; Kevin E. Vazquez; and
Diana Viera
DONATION by CITY ATTORNEY CARVALHO to Dave Anderson, Santa Ana Division Chief,
Orange County Fire Authority, of smoke detectors to be distributed to the Santa Ana
community.
CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report.
AGENDA ITEM TAKEN OUT OF ORDER
65D. ORANGE COUNTY TRANSPORTATION AUTHORITY'S PROPOSED 2016
BUS SERVICE PLAN — City Manager's Office
The following addressed the City Council on the matter:
• John Palacios, representing Santa Ana Unified School District, support
adoption of resolution to oppose service reductions in Santa Ana.
• Gloria Castaheda, read petition from the Santa Ana Senior Center and the
Southwest Senior Center opposed to any cuts to the Senior Mobility
program.
• Sallie Gomez, read petition from seniors in Spanish for the record.
CITY COUNCIL MINUTES 6 JANUARY 19, 2016
• Phil Bacerra, expressed concern with proposed elimination of bus routes 51
and 145; opined that services need to be enhanced not cut, City Council
should consider approving resolution opposed to Orange County
Transportation Authority (OCTA) Proposed Plan; supports expansion of
Bravo and Xpress lines, modifying bus route 53 traveling to John Wayne
Airport.
• Claudio Gallegos, spoke in support of proposed resolution; echoed
comments by Mr. Bacerra.
• Tish Leon, noted that with impending OC Street Car project there should be
more connecting routes and not impede ridership by reducing service;
supports recommendations as proposed by Mr. Bacerra.
Ken Phipps, Deputy Chief Executive Officer at OCTA, presented proposal being
considered by the OCTA Board; opined that Plan is a reallocation of service to
the central core.
Councilmember Martinez, opined that first and last mile connections important
as well as keeping shared economy in mind.
Lou Correa, concerned with elimination of bus routes; requested collaborative
efforts between the two agencies.
Mayor Pro Tern Sarmiento, opined that OCTA to consider status quo, perception
and messaging; suggested agencies discuss service delivery and impacts prior
to rolling out proposal.
Councilmember Benavides, pleased with proposed expansion of Bravo and
xpress lanes.
Mayor Pulido, noted that ridership across the Country has decreased and only
ones that have not are the ones that have a street car; requested impact
analysis to Santa Ana community — dollars expended, number of potential
ridership, etc.
Councilmember Martinez, motion to continue matter to allow Council Committee
review; also, need to meet with OCTA representatives.
Councilmember Benavides, substitute motion to approve matter and send
message to OCTA on behalf of Santa Ana residents.
Mayor Pulido, directed staff to develop proposal for consideration of options that
are viable and sustainable and impacts to Santa Ana.
Mayor Pro Tern Sarmiento, voiced opposition to proposed Plan absent
alternatives.
Councilmember Benavides, only opposed to elimination of routes
CITY COUNCIL MINUTES 6 JANUARY 19, 2016
MOTION:
1. Receive and file the Proposed 2016 Bus Service Plan.
2. Adopt a resolution.
RESOLUTION NO. 2016-001 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA OPPOSING THE ORANGE COUNTY
TRANSPORTATION AUTHORITY'S PROPOSED 2016 SERVICE PLAN
3. Direct the City Manager and/or designee to develop options in
collaboration with OCTA officials to minimize ridership impacts in the
City of Santa Ana.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 32A, with the following modifications:
• Councilmember Martinez pulled Agenda Items 20A, 2213, 2913, 31A and 31B for
separate action.
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Benavides, Pulido, Martinez, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
CITY COUNCIL MINUTES 7 JANUARY 19, 2016
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR OPEN MEETING OF DECEMBER 15, 2015
{STRATEGIC PLAN NO. 5, 11 — 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: REAFFIRM A BAN ON THE CULTIVATION
AND DELIVERY OF MARIJUANA {STRATEGIC PLAN NO. 5, 11 - Clerk of the
Council Office
Placed on first reading at the December 15, 2015 City Council meeting and
approved by a vote of 4-0 (Tinajero abstained; Benavides and Pulido absent)
Published in the Orange County Reporter on January 8, 2015.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2889 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA TO REAFFIRM A BAN ON THE CULTIVATION
AND DELIVERY OF MARIJUANA
BOARDS / COMMISSIONS / COMMITTEES
13A. NOMINATE MARK MCLOUGHLIN TO PLANNING COMMISSION BY MAYOR
PULIDO AS THE CITY-WIDE REPRESENTATIVE FOR A PARTIAL TERM
EXPIRING DECEMBER 6, 2016 {STRATEGIC PLAN NO. 5, 11 - Clerk of the
Council Office
MOTION: Appoint Mark McLoughlin, Ward 3 resident, to the Planning
Commission (Replaces S. Nalle).
13B. COUNCIL COMMITTEES — AGENDA AND MINUTES (STRATEGIC PLAN NO.
5, 1} - Clerk of the Council Office
CITY COUNCIL MINUTES 8 JANUARY 19, 2016
MOTION: Receive and file.
NAME MEETING DATE
Finance, Economic Development & Technology 12/14/2015, 1/11/2016
Legislative (Cancellation) 12/23/2015
Development and Transportation (Cancellation) 1/7/2016
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve, as follow:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant
to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code - Direction provided to legal counsel on pending litigation.
2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION
Significant exposure to litigation pursuant to paragraph (4) of subdivision (d)
of Section 54956.9 of the Government Code — Matter continued.
3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a) — Matter continued.
4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the
Government Code — Confirmed appointment of Chief Technology
Innovations Officer.
5. PUBLIC EMPLOYEE — ANNUAL EVALUATION OF PERFORMANCE
pursuant to Section 54957(b)(1) of the Government Code: City Manager —
Authorized performance bonus of 5% and approved by 5-2 vote (Martinez
and Pulido dissented).
19B. EXCUSED ABSENCES — NONE
19C. STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER 2015 {STRATEGIC
PLAN NO. 5, 11 - City Manager's Office
MOTTON: Receive and file.
19D. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5,
11 — (Community Development Agency and Finance Management Services
Agency) - Clerk of the Council Office
CITY COUNCIL MINUTES 9 JANUARY 19, 2016
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.
19E. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL
IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR DECEMBER 2015
{STRATEGIC PLAN NO. 5, 1} - Public Works Agency
MOTION; Receive and file.
BUDGETARY MATTERS
APPROPRIATION
1. Authorize the City Manager and Clerk of the Council to award a
contract to Siemens Industry, Inc., the lowest responsive bidder, in
accordance with the bid in an amount of $596,076 and authorize the
City Manager and Clerk of the Council to execute the contract, 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. 2016-074 - Recognizing $101,822
from the Highway Safety Improvement Program funds into the Select Street
Construction revenue account and appropriating the same to the Select
Street Construction Expenditure account.
3. Approve the Project Cost Analysis for a total estimated project delivery
cost of $745,096, which includes the contract base amount,
administration, inspection, testing, and a 10 percent contractual
CITY COUNCIL MINUTES 10 JANUARY 19, 2016
contingency of $69,608, subject to non -substantive changes approved
by the City Manager and City Attorney.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Pulido, Martinez, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 15-131 — EMERGENCY FUELING SERVICES OF COMPRESSED
NATURAL GAS (CNG) POWERED CITY FLEET {STRATEGIC PLAN NO. 6,
1 C} - Finance & Management Services
MOTION: Amend the contract with Timco CNG to increase the aggregate
limit by $50,000 in an annual amount not to exceed $75,000, subject to
non -substantive changes approved by the City Manager and City Attorney.
MOTION: Authorize the City Manager and Clerk of the Council to award
contracts to Aqua -Metric Sales Co., Badger Meter, Inc., H.D. Supply
Waterworks, and Mueller System, LLC for a one-year period beginning
February 1, 2016 and expiring January 31, 2017, with provisions for four
one-year renewals exercisable by the City Manager, in an annual amount
not to exceed $140,000, subject to non -substantive changes approved by
the City Manager and City Attorney.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Pulido, Martinez, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 11 JANUARY 19, 2016
ABSENT: Amezcua (1)
22C. SPEC. NO. 15-124 - TACTICAL ELECTRONIC SEARCH SYSTEMS FOR
POLICE FIELD OPERATIONS {STRATEGIC PLAN NO. 1, 51 (Police
Department) - Finance & Management Services
MOTION: Authorize a one-time purchase of two tactical electronic search
systems in an amount not to exceed $34,850 and a $25,000 contract for
flares and various police recruit supplies with Adamson Police Products
for a total amount not to exceed $59,850, subject to non -substantive
changes approved by the City Manager and City Attorney.
PROJECTS/CHANGE ORDERS
23A. AWARD CONTRACT FOR THE SANTA ANA STADIUM STRUCTURAL
CONCRETE REPAIRS (PROJECT 16-2656) {STRATEGIC PLAN NO. 6, 113 &
1G} - Public Works Agency and Parks, Recreation & Community Services
Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to award and
execute a contract to Metro Builders & Engineers Group, Ltd., the
lowest responsive bidder, in accordance with the bid in the amount of
$448,339.60 and the Additive Alternate Two of $20,300, for a contract
total of $468,639.60, for the Santa Ana Stadium Structural Concrete
Repairs, subject to non -substantive changes approved by the City
Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated project delivery
cost of $689,300, which includes the contract base bid amount,
administration, inspection and testing, and a contractual contingency
of $130,992, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
AGREEMENTS
25A. AGMT NO. 2016-001 - DONATION TO SUPPORT FAMILY LITERACY
{STRATEGIC PLAN NO. 5, 4) - City Manager's Office
MOITON: Authorize the City Manager and Clerk of the Council to execute
an agreement with Latino Health Access for a one-time donation amount
of $1,000, subject to non -substantive changes approved by the City
Manager and the City Attorney.
CITY COUNCIL MINUTES 12 JANUARY 19, 2016
25B. AGMT NO. 2016-002 - LANDSCAPE SERVICES IN CITY PARKS AND
FACILITIES {STRATEGIC PLAN NO. 6, 1 B) - Parks, Recreation & Community
Services Agency and Police Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Merchants Landscape Services, Inc. to provide
landscape maintenance services in District 1 in an annual amount not to
exceed $204,943, and in District 4 in an annual amount not to exceed
$574,976, for a total annual of $779,919, which includes a 10%
contingency, for a term from February 1, 2016 through January 31, 2018,
for a total contract amount of $1,559,838 during FY 15-16, FY 16-17, and
FY 17-18, with two, one-year renewal options, subject to non -substantive
changes approved by the City Manager and City Attorney,
25C. INFIELD MAINTENANCE SERVICES IN CITY PARKS {STRATEGIC PLAN NO.
6, 1 B) - Parks, Recreation & Community Services Agency
Irriteyf[r7��A
1. AGMT NO. 2016-003 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Major League Infields, Inc. to
provide infield maintenance services in District 1 in an annual amount
not to exceed $104,623, which includes a 10% contingency, for a term
from February 1, 2016 through January 31, 2018, with two, one-year
renewal options, subject to non -substantive changes approved by the
City Manager and City Attorney.
2. AGMT NO. 2016-004 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Professional Sports Field
Maintenance, Inc, to provide infield maintenance services in District 4
in an annual amount not to exceed $114,604, which includes a 10%
contingency, for a term from February 1, 2016 through January 31,
2018, with two, one-year renewal options, subject to non -substantive
changes approved by the City Manager and City Attorney.
25D. AGMT NO. 2016-005 - AMENDMENT - INMATE FOOD SERVICES
{STRATEGIC PLAN NO. 1, 3A) - Police Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
the attached one-year agreement amendment with Aramark Correctional
Services, Inc., for the period of February 1, 2016 through January 31, 2017,
adding an additional $1,452,951 plus a 15% contingency ($217,943) to the
existing agreement amount of $1,412,140 (total amendment amount of
$1,670,894), for a total not to exceed agreement amount of $3,083,034,
CITY COUNCIL MINUTES 13 JANUARY 19, 2016
subject to non -substantive changes approved by the City Manager and
City Attorney.
25E. AGMT NO. 2016-006 - PROVIDE STAFFING STUDY SERVICES FOR POLICE
INVESTIGATIVE PERSONNEL {STRATEGIC PLAN NO. 1, 1F} - Police
Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with the University of North Texas, for the period of January
19, 2016 through June 15, 2016, for professional services to provide a
written staffing report, including staffing recommendations, data analysis,
and a five-year strategic staffing plan for the Santa Ana Police
Department's Investigations Bureau, in an amount not to exceed $24,887,
subject to non -substantive changes approved by the City Manager and
City Attorney.
25F. AGMT NO. 2016-007 - DONATION TO SUPPORT A HOLIDAY TOY DRIVE
{STRATEGIC PLAN NO. 5, 4) - City Manager's Office
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Regents of the University of California at Irvine for a
one-time donation amount of $300, subject to non -substantive changes
approved by the City Manager and the City Attorney.
25G. AGMT NO. 2016-008 - AMENDMENT - HARBOR BOULEVARD TRAFFIC
SIGNAL SYNCHRONIZATION (PROJECT NO. 156828) {STRATEGIC PLAN
NO, 6, 1 B} - Public Works Agency
MOTION: Approve an amendment to the professional engineering
services agreement with Iteris, Inc., to integrate an emergency vehicle
preemption system as part of the Harbor Boulevard Corridor Traffic Signal
Synchronization Project at the cost of $89,100 and an additional 12
months, which increases the total agreement amount to $844,100 and
extends the expiration date to December 31, 2019, subject to non -
substantive changes approved by the City Manager and City Attorney.
25H. RIGHT-OF-WAY SERVICES (NONGENERAL FUND) {STRATEGIC PLAN NO.
6, 1G} - 1) - Public Works Agency
MOTION:
1. AGMT NO. 2016-009 — Authorize the City Manager and Clerk of the
Council to amend the agreement with Epic Land Solutions in an
amount of $100,000, for a revised total contract amount not to exceed
CITY COUNCIL MINUTES 14 JANUARY 19, 2016
$400,000, with no change to the August 5, 2018, expiration date subject
to non -substantive changes approved by the City Manager and City
Attorney.
2. AGMT NO. 2016-010 — Authorize the City Manager and Clerk of the
Council to amend the agreement with Overland, Pacific & Cutler in an
amount of $150,000, for a revised total contract amount not to exceed
$460,000, with no change to the August 5, 2018, expiration date subject
to non -substantive changes approved by the City Manager and City
Attorney.
251. AGMT NO. 2016-011 - PUMP STATION OPERATIONAL PLAN AND SYSTEM
TESTING SERVICES (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1C} -
Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Enterprise Automation Inc., for a three-year period
expiring January 31, 2019, with provisions for a one-year renewal option
exercisable by the City Manager and City Attorney, in the amount of
$233,923, with a 15 percent contingency, for a total amount not to exceed
$269,012 subject to non -substantive changes approved by the City
Manager and City Attorney.
MISCELLANEOUS -BUDGET
29A. 2015-2016 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT
{STRATEGIC PLAN NO. 51 - Community Development Agency
Community Redevelopment and Housing Commission approved recommended
action on January 13, 2016 by a vote of 4:0 (Gomez absent).
MOTION: Approve a Substantial Amendment to the 2015-2016 Annual
Action Plan for the reallocation of HOME Investment Partnership Grant
and Community Development Block Grant funds, and authorize its
submission to the U.S. Department of Housing and Urban Development.
Mayor Pro Tern Sarmiento, requested transparent process and policy for future
council requests, suggested council committee review.
MOTION: Authorize the expenditure of $15,000 for audio-visual
equipment and subsequent development of an equipment reservation
CITY COUNCIL MINUTES 15 JANUARY 19, 2016
program, subject to non -substantive changes by the City Manager and
City Attorney.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Benavides, Reyna, Sarmiento, Tinajero (4)
NOES: Martinez, Pulido (2)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
LAND USE MATTERS
CONDITIONAL USE PERMITIVARIANCES
31A;
0
311:B..
Planning Commission approved recommended action on December 14, 2015,
by a vote of 5-0 (Alderete absent).
Councilmember Martinez, concerned with cell towers not retrofitted.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2015-20 as conditioned.
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Benavides, Pulido, Reyna, Sarmiento, Tinajero (5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
CITY COUNCIL MINUTES 16 JANUARY 19, 2016
Planning Commission approved recommended action on December 14, 2015,
by a vote of 4-1 (Bacerra opposed, Alderete absent).
Councilmember Martinez, concerned with cell towers not retrofitted.
Councilmember Benavides, suggested staff work with application to provide for
additional screening at facility and/or around equipment.
MOTION; Receive and file the staff report approving Conditional Use
Permit No. 2015-23 as conditioned.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
TENTATIVE PARCEL/TRACT MAPS
SECOND: Reyna
Benavides, Pulido, Reyna, Sarmiento, Tinajero (5)
Martinez (1)
None (0)
Amezcua (1)
32A. TENTATIVE TRACT MAP NO. 2015-04 (COUNTY MAP NO. 17715) AND
DENSITY BONUS AGREEMENT NO. 2015-01 TO ALLOW A SUBDIVISION
FOR FIVE SINGLE-FAMILY CONDOMINIUM UNITS AT 4010 WEST
MCFADDEN AVENUE - HABITAT FOR HUMANITY, APPLICANT {STRATEGIC
PLAN NOS. 3, 2, 5; 5, 3, 4} - Planning and Building Agency
Planning Commission approved recommended action on December 14, 2015,
by a vote of 5-0 (Alderete absent).
MOTION:
1. Receive and file the staff report approving Tentative Tract Map No.
2015-04 as conditioned and with the additional unit permitted by
Density Bonus Agreement No. 2015-01 and no other deviations from
the City Zoning Ordinance.
2. AGMT NO. 2016-012 - Authorize the City Manager and Clerk of the
Council to execute the attached Density Bonus Agreement with Habitat
for Humanity of Orange County, subject to non -substantive changes
approved by the City Manager and City Attorney for the development of
five (5) affordable for -sale units.
**END OF CONSENT CALENDAR**
CITY COUNCIL MINUTES 17 JANUARY 19, 2016
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. CONTINUE MATTER: ESTABLISH A HOTEL DEVELOPMENT INCENTIVE
PROGRAM {STRATEGIC PLAN NO. 3, 3C) - Community Development Agency
Matter continued for consideration 30 days from the November 3, 2015 City
Council meeting by a vote of 7 of 0. Matter continued from the December 1,
2015 at the request of staff.
MOTION, Continue consideration of item to the February 16, 2016 City
Council Meeting at the request of staff.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
55B. POTENTIAL FORMATION OF THE WARNER INDUSTRIAL COMMUNITY
ASSESSMENT DISTRICT (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6,
1 G) - Public Works Agency
MOTION; Adopt resolutions.
1. RESOLUTION NO. 2016-002 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA, ADOPTING A MAP
SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT
NO. 2015-01 (WARNER INDUSTRIAL COMMUNITY
2, RESOLUTION NO. 2016-003 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA PASSING UPON AND
GIVING PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT OF
THE ASSESSMENT ENGINEER, SETTING THE TIME AND PLACE FOR A
PUBLIC HEARING AND ORDERING THE INITIATION OF ASSESSMENT
CITY COUNCIL MINUTES 18 JANUARY 19, 2016
BALLOT PROCEDURES FOR ASSESSMENT DISTRICT NO. 2015-01
(WARNER INDUSTRIAL COMMUNITY)
a. Proposed Proposition 218 Election and Public Hearing date to be
held on: April 5, 2016
3. RESOLUTION NO. 2016-004 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA, ESTABLISHING LOCAL
PROCEDURES TO IMPLEMENT REQUIREMENTS OF ARTICLE XIIID OF
THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE
PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT APPLICABLE TO
ASSESSMENT BALLOT PROCEEDINGS
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
55C. AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO
INCREASE SALARY OF DEPUTY CITY MANAGER TO PARALLEL CURRENT
LABOR MARKET SALARY RATE {STRATEGIC PLAN NO. 7, 61 - Personnel
Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2016-005 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO
PROVIDE AN INCREASE IN SALARY FOR THE UNREPRESENTED
EXECUTIVE MANAGEMENT CLASSIFICATION OF DEPUTY CITY MANAGER
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
CITY COUNCIL MINUTES 19 JANUARY 19, 2016
55D. RESOLUTION AND APPROPRIATION ADJUSTMENT ACCEPTING
ADDITIONAL FISCAL YEAR 2015 HOMELAND SECURITY GRANT
PROGRAM FUNDS {STRATEGIC PLAN NO. 1, 2 & 6} - Police Department
71 F, royffeTiq
1. Adopt a resolution.
RESOLUTION NO. 2016-006 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND
THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO AMEND THE
CURRENT AGREEMENT WITH THE STATE OF CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY2015
URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM TO ACCEPT
ADDITIONAL FUNDS AND APPROPRIATION ADJUSTMENT
a. AGMT NO. 2016-013 — Amendment - With the State of California in an
amount of $565,000.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2016-073 - Accept additional FY
2015 Urban Areas Security Initiative funds in an amount of $565,000 in
revenue account and appropriate same to expenditure accounts in the
respective fiscal year(s).
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
ADMINISTRATIVE MATTERS - BUSINESS
60A. APPOINT MEMBER TO THE ORANGE COUNTY VECTOR CONTROL BOARD
{STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office
Councilmember Reyna, expressed interest in serving on the Orange County
Vector Control Board.
CITY COUNCIL MINUTES 20 JANUARY 19, 2016
City Council unanimously agreed that elected officials would be given deference
prior to members of the public.
Councilmember Tinajero, Mayor Pro Tern Sarmiento and Mayor Pulido thanked
Cecilia Aguinaga for service on the Board.
Cecilia Aguinaga, thanked the City Council for their support.
MOTION: Appoint Councilmember Roman Reyna to the Orange County
Vector Control for a two (2) term expiring in January of 2018.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
REPORTS
SECOND: Tinajero
Benavides, Martinez, Pulido,
Sarmiento (5)
None (0)
Reyna (1)
Amezcua (1)
Tinajero,
65A. ANNUAL REVIEW OF COUNCIL COMMITTEES AND APPOINTEES
{STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
Consideration of matter continued from the December 15, 2015 City Council
meeting by a vote of 5-0 (Benavides and Pulido absent).
MOTION:
1. Reviewed the current list of established Council Committees and did
not make any changes.
2. Reviewed the current list of appointees to Council Committees and
made the following changes:
• Councilmember Martinez resigned from Development and
Transportation Committee and from the Legislative Committee; and
• Councilmember Amezcua resigned from Public
Safety/Neighborhood Improvement/Code Enforcement Committee
and added to the Legislative Committee.
MOTION: Martinez SECOND: Reyna
CITY COUNCIL MINUTES 21 JANUARY 19, 2016
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
65B. REVIEW OF REGIONAL BOARD APPOINTEES {STRATEGIC PLAN NO. 5, 1}
- Clerk of the Council Office
Consideration of matter continued from the December 15, 2015 City Council
meeting by a vote of 5-0 (Benavides and Pulido absent).
MOTION: Reviewed the regional board appointment list and did not make
any changes.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
65C. SUMMARY OF FIRE SERVICES REPORT {STRATEGIC PLAN NO. 5, 11 - Fire
Department
MOTION: Receive and file.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 22 JANUARY 19, 2016
ABSENT: Amezcua (1)
65D. AGENDA ITEM TAKEN OUT OF ORDER
PUBLIC HEARINGS
75A. RESOLUTION APPROVING THE ISSUANCE OF TAX-EXEMPT
OBLIGATIONS AND AUTHORIZATION TO APPROVE JOINT EXERCISE OF
POWERS AGREEMENT - GUEST HOUSE APARTMENTS PROJECT
LOCATED AT 2151 EAST FIRST STREET {STRATEGIC PLAN NO. 5, 3) -
Community Development Agency
Legal Notice published in the Orange County Reporter January 4, 2016.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2016-007 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE
CALIFORNIA PUBLIC FINANCE AUTHORITY OF MULTIFAMILY HOUSING
REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING OR
REFINANCING THE ACQUISITION AND REHABILITATION OF GUEST
HOUSE APARTMENTS AND CERTAIN OTHER MATTERS RELATING
THERETO, AND AUTHORIZING THE EXECUTION OF THE JOINT
EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA
PUBLIC FINANCE AUTHORITY TO BECOME AN ADDITIONAL MEMBER
FOR THE PURPOSE OF APPROVING BONDS FOR THE GUEST HOUSE
APARTMENTS PROJECT LOCATED AT 2151 EAST FIRST STREET,
SANTA ANA
2. AGMT NO. 2016-014 - Authorize the City Manager and Clerk of the
Council to execute a Joint Exercise of Powers Agreement relating to
the California Public Finance Authority to serve as the municipal issuer
of the bonds for the purpose of approving bonds for the Guest House
Apartment Project, subject to non -substantive changes approved by
the City Manager and City Attorney.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
CITY COUNCIL MINUTES 23 JANUARY 19, 2016
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
75B. AMENDMENT APPLICATION NO. 2015-02 TO REZONE THREE
PROPERTIES FROM URBAN NEIGHBORHOOD-2 (UN-2) TO OPEN SPACE
(OS) AT 710-720 EAST SIXTH STREET - SANTA ANA HOUSING
AUTHORITY, APPLICANT {STRATEGIC PLAN NO. 5, 4) - Planning and
Building Agency
Planning Commission approved recommended action on December 14, 2015 by
a vote of 5-0 (Alderete absent).
Legal Notice published in the Orange County Reporter on January 8, 2016 and
notices mailed on January 8, 2016.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS-2890 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REZONING PROPERTIES LOCATED AT 710, 714
AND 720 EAST SIXTH STREET FROM SPECIFIC DEVELOPMENT NO.
84/URBAN NEIGHBORHOOD-2 TO SPECIFIC DEVELOPMENT NO. 84/OPEN
SPACE (AA NO. 2015-02)
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
CITY COUNCIL MINUTES 24 JANUARY 19, 2016
75C. ZONING ORDINANCE AMENDMENT NO. 2015-04 TO UPDATE THE WATER
EFFICIENT LANDSCAPE ORDINANCE {STRATEGIC PLAN NO. 5, 2} -
Planning and Building Agency
Planning Commission approved recommended action on December 14, 2015 by
a vote of 5-0 (Alderete absent).
Legal Notice published in the Orange County Reporter on January 8, 2016 and
notices mailed on January 8, 2016.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS-2891 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT
LANDSCAPE ORDINANCE
2. Adopt a resolution.
RESOLUTION NO. 2016-008 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING GUIDELINES FOR
IMPLEMENTATION OF THE SANTA ANA WATER EFFICIENT
LANDSCAPE ORDINANCE
MOTION: Martinez SECOND: Reyna
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
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. RESOLUTION OF THE CITY COUNCIL OF SANTA ANA IN SUPPORT OF
THE HOUSING FUTURES INITIATIVE BY THE BUILDING INDUSTRY
CITY COUNCIL MINUTES 26 JANUARY 19, 2016
ASSOCIATION ORANGE COUNTY CHAPTER — Mayor Pro Tern Sarmiento
and Coucilmember Martinez
Mayor Pro Tem Sarmiento, summarized request for consideration to approve
resolution.
Councilmember Martinez, noted that City policy changes align with proposed
resolution as recommended by the Building Industry Association (BIA).
MOTION: Adopt a resolution.
RESOLUTION NO. 2016-009 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA, CALIFORNIA, IN SUPPORT OF THE HOUSING
FUTURES INITIATIVE BY THE BUILDING INDUSTRY ASSOCIATION
ORANGE COUNTY CHAPTER
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua (1)
CITY COUNCIL RECESSED AT 9:03 P.M. TO THE HOUSING AUTHORITY MEETING AND
RECONVENED THE CITY COUNCIL MEETING AT 9:04 P.M. WITH SAME MEMBERS
PRESENT.
COMMENTS
PUBLIC COMMENTS
• Ilya Tseglin, noted that reason for addressing the City Council is to protect his son from
discrimination.
• Robert Tseglin, commented that police department staff responsible to investigate matter
affecting brother.
• Former State Senator Joe Dunn, offered comment on OCTA proposed plan; need to
provide best service to our senior community; need to keep them first and foremost.
• Tish Leon, concerned with proposed Senior Mobility Program service reductions.
o Mayor Pulido, noted that reductions will only affect trips to casinos and wineries and
not basic needs and local attractions.
CITY COUNCIL MINUTES 26 JANUARY 19, 2016
• Rick Niedermayer, concerned with increased graffiti at Windsor Neighborhood Association
at Centennial Park; restroom facilities need to be supplied.
• Luis Aleman, read remainder of letter as submitted by the senior center participants.
• Esther Berber, shared experience using senior mobility program; opposed to any
reductions.
*Councilmember Tinajero left the meeting at 9:10 p.m. and did not return
90A. CITY MANAGER'S COMMENTS
• Thanked the City Council for support over past two years ; and
• Noted upsurge in rental property rates and demand in Santa Ana; will
discuss when meeting with Standard and Poor representatives on credit
rating analysis,
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Noted for the record that she is on a month to month rental agreement to
avoid potential conflicts of interest;
• Commented on strong role and impact of millennials to economy, housing,
etc.;
• Noted increase of violent crimes across the Country; Police Chief to discuss
factors affecting trend and public policy effects; need to advocate;
• Reflected on global economy need to be aware of impacts to our local
economy and conservative policies; increased business licenses in Santa
Ana; and
• Wished all a Happy New Year; thanked staff for efforts and look forward to
going out into community and meeting with residents and businesses.
Mayor Pro Tern Sarmiento:
• New Year greetings to all;
• Noted that Public Safety Council Committee to address violent crime rate
increases; optimistic about efforts to protect community and enhance
services;
• Invited all to participate in upcoming Relay for Life event in April; and
• Requested meeting be adjourned in memory of Catalina Munoz; reflected on
her efforts to better the Delhi community.
Councilmember Reyna:
• Wished all a Happy New Year;
• Congratulated Councilmember Benavides on his recent marriage;
• Encouraged all to shop in Santa Ana as Valentine's Day approaches;
• Urged all to continue to conserve water;
CITY COUNCIL MINUTES 27 JANUARY 19, 2016
• Connect to Council hosting Community Police Forum on January 30t" at
Godinez High School and;
• Thanked service of his executive assistant, Gail Woods for 25 years of
service;
• Requested service announcement be sent out on upcoming public hearing
by Orange County Transportation Authority board on proposed plan; and
• Announced that Relay for Life hosting Kick -Off meeting on January 29t"
Councilmember Benavides:
• Happy New Year to all;
• Recently enjoyed Monthly Art Walk; invited all to support our local economy;
• Asked staff to address graffiti issue raised by resident;
• Noted that City Hall accessible through social media and applications;
encouraged all to download app and stay informed;
• Welcomed new Chief Information and Technology Officer; look forward to
improvements;
• Thanked City Manager for fiscal responsibility and added services; and
• Commended staff for efforts last year; look forward to New Year.
Mayor Pulido:
• Adjourned meeting in memory of Rosa Penaflor, Anthony "Tony" Hauck,
Carlos Amezcua, and Catalina Munoz;
Asked City Manager to work with OCTA officials to develop alternatives on
proposed Plan; requested staff accelerate resolution of senior mobility
program.
ADJOURNED- 9:46 p.m. - The next meeting of the City Council is scheduled for
Tuesday, February 2, 2016 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.
Adjourned Meeting in Memory of
Rosa Penaflor,
Anthony "Tony" Hauck,
Carlos Amezcua,
and
Catalina Munoz
-17
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
CITY COUNCIL MINUTES 28 JANUARY 19, 2016
• Community Engagement Plan
• General Plan Update
CITY COUNCIL MINUTES 29 JANUARY 19, 2016