HomeMy WebLinkAbout10A - MINUTES 2-2-16CALLED TO ORDER
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 2, 2016
CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:17 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
COUNCILMEMBERS Absent:
SAL TINAJERO
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 5:18 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:
Joseph Straka vs. City of Santa Ana; Claim No. 2015 -097
CITY COUNCIL MINUTES 1 FEBRUARY 2, 2016
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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
Continued from the January 19, 2016 Closed Session meeting.
3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Continued from the January 19, 2016 Closed Session meeting.
Agency Negotiators: Personnel Services Executive Director, Ed Raya
Employee Organizations: Service Employees' International Union, Part
Time
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6.09 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 2 FEBRUARY 2, 2016
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CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:11 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 (6:22 p.m.)
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
MANUEL HERRERA, CARR INTERMEDIATE
SCHOOL
RUPERT VEGA, POLICE CHAPLAIN
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Cecilia Aguinaga for
her invaluable service on the Orange County Vector Control
PROCLAMATION presented posthumously by MAYOR PRO TEM SARMIENTO to the
family of Catalina Munoz in recognition of her outstanding contributions in the Delhi
Community.
CITY COUNCIL MINUTES 3 FEBRUARY 2, 2016
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AGENDA ITEM TAKEN OUT OF ORDER — CONSENT CALENDAR ITEM
25D. AMENDMENT WITH U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
(ICE) TO PROVIDE HOUSING FOR FEDERAL INMATES {STRATEGIC PLAN
NO. 1, 4A) - Police Department
City Manager David Cavazos summarized proposed recommendation.
The following speakers addressed the City Council on the matter:
• Hario Cortez, program director for Orange County Immigrant Youth United,
opposed to expansion of contract; welcome opportunity to meet with City
Manager to discuss options.
• Jessica Letona, detailed personal experience at detention center.
• Christina Fialho, Co- Founder /Executive Director of Community Initiatives for
Visiting Immigrants in Confinement (CIVIC) is representing 31 women who
were illegally detained; concerned with City's strip search policy.
• Laura Kanter, concerned with treatment of LGBT detainees, lack of post
detention services and suggested policy improvements.
• Jorge Gutierrez, addressed Christina Lopez' 2 year detention at City jail.
• Carlos Perea, representing RAIZ, opposed to extending contract and noted
that officials were asked to cancel contract with ICE some years past and not
expand services as being proposed.
• Isa Noyola, representing Transgender Law Center, concerned that ICE has
not addressed transgender prisoners; City exposed to liability.
• Richard Wheeter, reflected on wife's arrest by ICE officials and jailed in
Santa Ana for over 13 months.
• Destiny Cano, student at CSUF and employee at LGBT Center, opposed to
contract expansion.
• Benjamin Vazquez, volunteer at Centro Cultural of Mexico and teacher at
Valley High School, recommend City wind down contract with ICE - not
expand services.
• Ashley Rojo, student at CSUF, advocate for victim rights, urged a no vote on
contract amendment.
• Roberto Herrera, member of De Colores Queer, concerned with lack of
medical care at detention facility.
• Amanda Wallner, policy manager at Los Angeles LGBT Center, expressed
concern with proposed amendment to contract; opined that basic needs not
met.
• Reverend Kent Doss, concerned with handling of transgender detainees,
and strip searches; noted that ICE revised policy for transgender in June of
2015 and asked City to follow policy.
• Peggy Thompson, member of Friends of Orange County Detainees, noted
that service group offers counseling and services; opined that strip searches
are unnecessary and possibly illegal.
• Luis Sarmiento, representing Centro Cultural de Mexico, opposed to contract
amendment.
• David Mangikyan, representing UCI Law Center, concerned with ICE inability
to treat medical conditions; medical negligence, need to provide basic needs.
CITY COUNCIL MINUTES 4 FEBRUARY 2, 2016
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• Maria Duque, represents US WWW, represents over 7,000 members and
requested no vote on contract amendment with ICE.
• Marilynn Montano, opposed to contract amendment.
• Alexis Nava Teodora, RAIZ member and deportation representative, endorse
the letter as submitted for the record by Hairo Cortez, opposed to
criminalization of illegal residents and urged cancellation of contract with
ICE.
• Rev. Sian Wittshire, representing Orange Coast UU Congregation, opined
that contract condones past practices; urge discussion with community.
• Edna Monroy, member of California Immigrant Youth Justice Alliance,
concerned community member; opposed to contract.
• David Carbajal, work with community based groups, demand no vote on
expansion of contract.
• Joese Hernandez, volunteer at Centro Cultural de Mexico and May Day
Coalition, questioned need to wand residents attending City Council meeting
- unwelcome feel.
• Ana Siria Urzua, member of Santa Ana Building Healthy Communities, noted
that expansion of contract would further criminalize deportation of members
of our community.
• Karina Paredez - Aroza, member of CLUE, asked City Council to welcome
immigrants and end contract with ICE.
• Stacey Araujo, expressed objection to expansion of contract and treatment
of detainees.
• Angie Cano, asked that treatment of current members improved before
expanding number of beds.
• Cecilia Iglesias, opposed to contract amendment that only considers
profitability of City jail and not the values that this community needs.
• Marcela Hernandez, opposed to ICE contract and requested consideration
for ending contract.
• Sarai Mojica, member of immigrant youth coalition, voiced opposition to
expansion of contract.
• Lizette Diaz, recounted personal story and requested no vote on contract
amendment.
• Ilya Tseglin, spoke of discrimination and corruption in existing system.
• Robert Tseglin, opined that contract amendment may give rise to
constitutional violations.
• Gema Suarez, spoke in support of LGBTQ community; asked for improved
conditions at the jail; opposed to contract expansion; jail poses human rights
violations.
• Alfredo Amezcua, noted that City of Santa Ana is an immigrant community;
echoed stories and issues raised by many tonight; opined that contract
would hinder community policing efforts; suggest staff develop a phase -out
plan.
• Mariella Saba, suggested social programs rather than expansion of contract;
opposed to contract with ICE.
Council discussion ensued.
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Councilmember Martinez, thanked speakers and indicated that she would not
support expansion of contract. Proposed substitute motion to deny contract
amendment, engage community in developing solutions and request City
Manager work with Police Chief in strategizing sustainability of jail without the
use of federal dollars, if not feasible, propose options to terminate jail services.
Motion seconded by Councilmember Tinajero.
Councilmember Tinajero, would not support matter; need to have discussion
with transgender community; and develop better solution that builds trust with
the community.
Mayor Pro Tern Sarmiento, opposed to staff recommendation; concerned with
strip searches and troubled by accounts voiced by speakers, release of inmates
late in the evening and lack of dignity and respect and compelled to ask Police
Chief to make sure that issue by OC Sheriff are avoided in Santa Ana. Need to
slowly disengage contract with ICE.
Councilmember Amezcua, thanked speakers and indicated that she would not
support contract amendment; goal is to end the contract with ICE responsibly.
Councilmember Reyna, opposed to contract expansion.
Councilmember Benavides, indicated that he attended meeting with ICE officials
in Washington DC a few months ago, noted that transgender detainees are
vulnerable population; asked if City could provide dignified treatment since
detainment will need to be provided somewhere; asked that issues raised be
brought to the Public Safety Council Committee for review and take corrective
action, if necessary.
Mayor Pulido, as a follow up asked that City Manager develop options to
address remaining jail debt; need to provide fair and humane services; dialogue
important.
City Manager Cavazos, indicated that staff recommendation provided a means
to repay remaining $27 million jail debt; will provide options for consideration
and will meet with community to address miscommunication and develop
options; need time to develop options.
Mayor Pulido, noted that initial debt was $128 million and able to pay down.
SUBSTITUTE MOTION: Deny contract amendment, engage community in
developing solutions and request City Manager work with Police Chief in
strategizing sustainability of jail without the use of federal dollars, if not
feasible, propose options to terminate jail services.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
CITY COUNCIL MINUTES 6 FEBRUARY 2, 2016
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Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CLOSED SESSION REPORT — No reportable action.
PUBLIC COMMENTS
• Trevor Icke, concerned with proposed 200 bed drug rehabilitation project being considered
by the Planning Commission in his neighborhood.
• Jeff Heileson, resident of Mayberry Neighborhood; opposed to proposed drug
rehabilitation center.
• Marylou Ontiveros, also concerned with reduced property values and safety of children in
the area proposed for drug rehabilitation center.
• Hortencia De La Torres, opposed to drug rehabilitation project site.
• Ilya Tseglin, spoke of corruption at Orange County Regional Center; desire to save his son
from mistreatment by the system.
• Robert Tseglin, reported that his brother had been illegally detained by the Irvine Police
Department.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 32A, with the following modifications:
• Councilmember Martinez, pulled Agenda item 19D for comment and agenda Items
22A, 2213, and 25A for separate discussion.
• Mayor Pro Tem Sarmiento, pulled Agenda Item 25B for separate discussion.
MOTION: Sarmiento SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent motion.
CITY COUNCIL MINUTES 7 FEBRUARY 2, 2016
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ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF JANUARY 19, 2016
{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: 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, 1) - Clerk of
the Council Office
Placed on first reading at the January 19, 2016 City Council meeting and
approved by a vote of 6 -0 (Amezcua absent).
Published in the Orange County Reporter on January 22, 2016.
MOTION: Place ordinance on second reading and adopt.
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)
11B. SECOND READING ORDINANCE: ZONING ORDINANCE AMENDMENT NO.
2015 -04 TO UPDATE THE WATER EFFICIENT LANDSCAPE ORDINANCE
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
Placed on first reading at the January 19, 2016 City Council meeting and
approved by a vote of 6 -0 (Amezcua absent).
Published in the Orange County Reporter on January 22, 2016.
MOTION: Place ordinance on second reading and adopt.
CITY COUNCIL MINUTES 8 FEBRUARY 2, 2016
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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
BOARDS / COMMISSIONS / COMMITTEES
13A. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO.
5, 1) - Clerk of the Council Office
MOTION: Receive and File
NAME MEETING DATE
Parks, Recreation, Education and Youth Committee 1/25/2016
Public Safety and Neighborhood Improvement Committee 1/26/2016
13B. NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6
REPRESENTATIVE TO COMMUNITY REDEVELOPMENT AND HOUSING
COMMISSION FOR A PARTIAL TERM EXPIRING DECEMBER 11, 2018
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
MOTION: Appoint.
NAME BOARD /COMMISSION REPLACES WARD
RES.
Matthew Schauer Community Redevelopment / S. Tuchler Ward 1
Housing Commission
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None
19B. EXCUSED ABSENCES — None
19C. QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2015
(STRATEGIC PLAN NO. 4, 1 D) - Finance & Management Services
MOTION: Receive and file.
CITY COUNCIL MINUTES 9 FEBRUARY 2, 2016
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19D. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL
IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR JANUARY 2016
{STRATEGIC PLAN NO. 5, 1) - Public Works Agency
Councilmember Martinez, asked about Capital Improvement Project budget;
expressed concern with State policy, reductions and impact to City.
Public Works Agency, Executive Director, Fred Mousavipour, noted that
additional road repair funding needed; adopted Pavement Repair Program to
address schedule and funding.
MOTION: Receive and file.
19E. REQUEST FOR PROPOSALS FOR AFFORDABLE RENTAL HOUSING
ACQUISITION AND REHABILITATION {STRATEGIC PLAN NO 5, 31 -
Community Development Agency
MOTION: Receive and file.
19F. SANTA ANA ARTS FUTURE COMMUNITY ENGAGEMENT WEEK
{STRATEGIC PLAN NO. 5, 5B) - Community Development Agency
MOTION: Receive and file.
BUDGETARY MATTERS
GRANTSIAPPLICATIONS
21 A. RELEASE THE ARTIST GRANT OPPORTUNITY APPLICATION {STRATEGIC
PLAN NO. 5, 5C} - Community Development Agency
MOTION: Authorize the Community Development Agency staff to release
the Fiscal Year 2016 -2017 Investing in the Artist Grant Opportunity
application.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 16 -010 - SUNDRY FOOD AND PAPER GOODS TO PROVIDE
PARTICIPANTS DURING FOR VARIOUS CITY- SPONSORED EVENTS
(SPEC. NO. 16 -010) {STRATEGIC PLAN NO. 2, 2; 5, 41 (Parks, Recreation and
Community Services Agency) - Finance & Management Services
Councilmember Martinez, asked if Request for Proposal process followed;
urged City to buy local and provide for healthy options, when available.
CITY COUNCIL MINUTES 10 FEBRUARY 2, 2016
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Finance and Management Services, Executive Director, Francisco Gutierrez,
indicated that survey of local providers prepared.
MOTION: Award a contract to Smart & Final Stores LLC for a three -year
period expiring January 31, 2019, in an annual amount of $45,000, for a
total amount not to exceed $135,000, 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, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
2ZB. SPEC. NO. 15 -087 - SANITARY SEWER LATERAL LINING SERVICES
{STRATEGIC PLAN NO. '6, 1C, ,1 F} (Public Works Agency) - Finance &
Management Services
Councilmember Martinez, requested equitable consideration for all projects
throughout the City.
MOTION: Authorize the City Manager and Clerk of the Council to award a
contract to Select Trenchless Pipelines, Inc., for a three -year period
expiring January 31, 2019 in the amount of $150,000, with provisions for
one two -year renewal option exercisable by the City Manager and City
Attorney, in an annual amount not to exceed $50,000; subject to
nonsubstantive changes approved by the City Manager and City Attorney.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 11 FEBRUARY 2, 2016
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PROJECTS /CHANGE ORDERS
23A. AWARD CONTRACT FOR CONSTRUCTION OF WASHINGTON SQUARE
RESIDENTIAL STREET REPAIR FY 2015 -16 (PROJECT NO. 16 -7523)
{STRATEGIC PLAN NO. 6, 113, 1 G} - Public Works Agency and Community
Development Agency
MOTION:
1. Reject all bids received on December 1, 2015, for construction of the
Washington Square Residential Street Repair Project, due to required
federal funding documents that were not included.
2. Award a contract to EBS General Engineering Inc., the lowest
responsible bidder, in accordance with the base bid of $984,925 for
construction of the Washington Square Residential Street Repair
Project, 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.
3. Approve the Project Cost Analysis for a total estimated project delivery
cost of $1,231,157, which includes the contract base amount,
administration, inspection, testing, and an authorized contingency of
$98,493.
AGREEMENTS
25A. INFORMATION TECHNOLOGY SERVICES {STRATEGIC PLAN NO. 7, 21 -
Finance & Management Services
Councilmember Martinez, noted for the record concern with six month contract
extension.
MOTION:
1. AGMT NO. 2016 -015 - Authorize the City Manager and Clerk of the
Council to approve and execute agreement with The Comdyn Group,
Inc. for a six -month period, beginning March 1, 2016 through August
31 2016; along with a six -month extension exercisable on a month to
month basis for the period September 1, 2016 through February 28,
2017 upon approval by both the City Manager and City Attorney for a
total amount of $1,560,000; subject to non - substantive changes
approved by the City Manager and City Attorney.
2. AGMT NO. 2016 -016 - Authorize the City Manager and Clerk of the
Council to approve and execute agreement with Softmaster, Inc. for a
six -month period, beginning March 1, 2016 through August 31 2016;
CITY COUNCIL MINUTES 12 FEBRUARY 2, 2016
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along with a six -month extension exercisable on a month to month
basis for the period September 1, 2016 through February 28, 2017
upon approval by both the City Manager and City Attorney for a total
amount of $2,040,000; subject to non - substantive changes approved
by the City Manager and City Attorney.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
25B.
SECOND: Tinajero
Amezcua, Benavides, Pulido, Reyna, Sarmiento,
Tinajero (6)
Martinez (1)
None (0)
None (0)
Mayor Pro Tern Sarmiento, asked if Council had considered matter earlier.
Community Development Agency Executive Director Kelly Reenders noted that
City Council had approved a pre- commitment and now funds under Community
Development Block Grant considered; will consider HOME funds in near future;
total of 57 units at site on corner of 17th and Main Street.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a single loan agreement with Santa Ana Arts Collective, LP for
$500,000 in Community Development Block Grant funds and $1,875,000 in
Inclusionary Housing Funds for a total combined amount not to exceed
$2,375,000; subject to non - substantive changes approved by the City
Manager and City Attorney.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Martinez
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 13 FEBRUARY 2, 2016
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25C. ON -CALL ENGINEERING SERVICES (NON- GENERAL FUND) {STRATEGIC
PLAN NO. 6, 1 G) - Public Works Agency
MOTION:
1. Authorize the Executive Director of Public Works to terminate the
agreement with VA Consulting, Inc., for on -call engineering services in
an amount not to exceed $250,000.
1 AGMT NO. 2016 -018 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Rick Engineering for a two -year
term beginning February 3, 2016, and expiring February 2, 2018, with
provisions for up to two one -year renewal options exercisable by the
City Manager and City Attorney, for a total not to exceed $250,000 over
the life of the agreement, including any renewal periods, subject to
non- substantive changes approved by the City Manager and City
Attorney.
25D. AGENDA ITEM TAKEN OUT OF ORDER
25E, AGMT NO. 2016 -019 - AMEND THE PARTNERSHIP FUNDING AGREEMENT
WITH SOUTHERN CALIFORNIA EDISON FOR ENERGY EFFICIENCY
PROGRAMS {STRATEGIC PLAN NO. 5, 21 - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with Southern California Edison to extend the term through
March 31, 2017, and to increase the funding allocation by $17,000, subject
to non - substantive changes approved by the City Manager and City
Attorney.
25F. AGMT NO. 2016 -020 — AMEND THE PARTNERSHIP FUNDING AGREEMENT
WITH SOUTHERN CALIFORNIA GAS COMPANY FOR ENERGY EFFICIENCY
PROGRAMS {STRATEGIC PLAN NO. 5,2) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with the Southern California Gas Company to extend the
term through March 31, 2019, and to increase the funding allocation by
$84,000, subject to non - substantive changes approved by the City
Manager and City Attorney.
CITY COUNCIL MINUTES 14 FEBRUARY 2, 2016
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LAND USE MATTERS
TENTATIVE PARCEL /TRACT MAPS
32A. TENTATIVE PARCEL MAP NO. 2015 -03 (COUNTY MAP NO. 2014 -141) TO
SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 1615 WEST
POMONA STREET — BOB BEERS, APPLICANT {STRATEGIC PLAN NOS. 3,
2, 5; 5, 3, 4) - Planning and Building Agency
MOTION: Confirm the Zoning Administrators action approving Tentative
Parcel Map No. 2015 -03 (County Map No. 2014 -141) as conditioned.
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. RESOLUTIONS AFFIRMING PERFORNANCE BONUS FOR CITY MANAGER
AND CLERK OF THE COUNCIL AND AMENDED AND RESTATED
EMPLOYMENT AGREEMENT FOR CITY MANAGER {STRATEGIC PLAN NO.
7, 4, 7) - City Manager's Office
Councilmember Martinez, requested bifurcation of items and consider the Clerk
of the Council matter first.
MOTION:
1. Adopt a resolution.
B. RESOLUTION NO. 2016 -010 - A RESOLUTION OF THE SANTA ANA
CITY COUNCIL AFFIRMING THE AWARD OF A CLERK OF THE
COUNCIL PERFORMANCE BONUS
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 15 FEBRUARY 2, 2016
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MOTION: Approve City Manager bonus.
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento, Tinajero
(5)
NOES: Martinez, Pulido (2)
ABSTAIN: None (0)
ABSENT: None (0)
Discussion ensued on City Manager contract extension.
Councilmember Martinez, concerned with the process and extending contract
because it was her understanding that contract would be negotiated with
options; why approve contract when it does not expire until October, 2017.
Mayor Pro Tern Sarmiento, indicated that ad hoc committee worked with City
Attorney to develop options for consideration before the full City Council; need
to develop criteria to judge performance of all appointed officials.
Councilmember Amezcua, noted that ad hoc committee requested criteria and
goals to better evaluate on an ongoing basis.
Councilmember Reyna, support performance bonus for City Manager; need to
invest in our leadership.
Councilmember Benavides, indicated that process did exist to develop contract
extension; measurable improvements and goals met.
Councilmember Amezcua, clarified that action is performance bonus, not raise.
Councilmember Tinajero, opined that 3rd term on the City Council has allowed
change to take place on the dais; have made structural changes and moved the
City in the right direction.
Mayor Pulido, expressed concern with process, noted that (previous) Closed
Session meeting did not vote to consider contract amendment. Asked for
clarifications from Clerk of the Council and City Attorney.
Clerk of the Council Huizar, indicated that the Minutes of January 19, 2016 only
reported a 5 -2 vote on the performance bonus with no mention of creation of an
ad hoc committee to discuss contract amendment.
CITY COUNCIL MINUTES 16 FEBRUARY 2, 2016
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City Attorney Carvalho, noted that record reflects what was legally required.
Mayor Pulido, proposed amendments to contract re- language to seek to amend
contract amendment to add language to make it illegal for City Manager to have
a romantic relationship with existing City employee.
City Attorney Carvalho, noted that it is referred to as "morality clause" and if
directed by the City Council would have to negotiate language in contract and
would have to be acceptable to employee.
Mayor Pulido, requested consideration for substitute motion.
SUBSTITUTE MOTION: Amend contract to include morality clause
prohibiting and making it illegal for City Manager to have romantic
relationship with City employee.
MOTION: Pulido SECOND: Martinez
VOTE: AYES: Martinez, Pulido (2)
NOES: Amezcua, Benavides, Reyna, Sarmiento, Tinajero
(5)
ABSTAIN: None (0)
ABSENT: None (0)
*Motion failed by a 2 -5 vote.
City Council considered original motion.
MOTION:
1. Adopt a resolution.
A. RESOLUTION NO. 2016 -011 - A RESOLUTION OF THE SANTA ANA
CITY COUNCIL APPROVING AN AMENDED AND RESTATED CITY
MANAGER EMPLOYMENT AGREEMENT AND AFFIRMING THE
AWARD OF A PERFORMANCE BONUS.
2. AGMT NO. 2016 -021 - Approve Amended and Restated City Manager
Employment Agreement.
MOTION: Amezcua SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento, Tinajero
(5)
NOES: Martinez, Pulido (2)
CITY COUNCIL MINUTES 17 FEBRUARY 2, 2016
1 0A -17
ABSTAIN
ABSENT:
None (0)
None (0)
*Councilmember Martinez left the meeting at 9:30 p.m. and did not return.
PUBLIC HEARING
75A. PUBLIC HEARING - FINAL ENVIRONMENTAL IMPACT REPORT NO. 2015-
01, AMENDMENT APPLICATION NO. 2014 -04, GENERAL PLAN
AMENDMENT NO. 2015 -03, DEVELOPMENT AGREEMENT NO. 2015 -03 AND
VESTING TENTATIVE TRACT MAP NO. 2015 -03 FOR THE HERITAGE
MIXED -USE DEVELOPMENT PROJECT PROPOSED AT 2001 EAST DYER
ROAD — DYER 18 LLC, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning
and Building Agency
At its regular meeting on October 12, 2015 by a vote of 5:0 (Nalle & Verino
absent), the Planning Commission recommended that the City Council approve
The Heritage project, a mixed -use development on an existing industrial site at
2001 East Dyer Road located in the Light Industrial (M -1) zoning district. The
Planning Commission added a recommendation to direct the in -lieu housing
fees to a project proposed by AMCAL on East First Street as permitted by
Section 41- 1904(c)(3) of the recently amended Housing Opportunity Ordinance.
This recommendation was not included in the Development Agreement currently
before the City Council. Should the City Council decide to approve this
recommendation, Council may direct staff to modify the proposed Development
Agreement to reflect this language. Additionally the Planning Commission
recommended that the public improvements exhibit presented to the
Commission at the hearing be added to the Development Agreement.
Legal Notice published in the Orange County Reporter January 22, 2016 and
notices mailed on said date.
Mayor Pulido opened the hearing.
Planning and Building Agency, Executive Director, Hassan Haghani and Senior
Assistant Planner, Vincent Fregoso presented staff report:
Request of applicant
• Proposal to construct mixed -use development:
■ 1,221 apartments
■ 18,000 square feet of commercial
■ 56,000 square feet of office
• Request several entitlements:
■ Certification of final environmental impact report
CITY COUNCIL MINUTES 18 FEBRUARY 2, 2016
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• General Plan amendment
• Zone change
• Development agreement
• Vesting map
Project Benefits
• Reoccupy long -term vacant structure
• Strong urban design with LEED Silver certification
• Approximately 275 new permanent jobs to be created
• General Fund revenue of approximately $1m per year
■ Public art contribution of approximately $1.5m
• Contribution of nearly $10m for affordable housing
Proposed Site Plan
UNIT PLANS
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CITY COUNCIL MINUTES 19 FEBRUARY 2, 2016
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CITY COUNCIL MINUTES 19 FEBRUARY 2, 2016
1 0A -19
Landscape Plan
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• Extensive open space and systems of trails planned to be installed
throughout the project, with most to be within first phase.
HERITAGE OPEN SPACE
Fitness Trails & Plazas
131.868 SF
Central Pork
45.302 SF
Courtyards
60.300 SF
Private Decks
64.246 SF
Common Area Amenities
20.386 SF
Roof Teuoces
5.200 SF
Total Area
327,302 SF
HERITAGE VILLAGE WILL PROVIDE
OVER
7.5 ACRES OF OPEN SPACE
OVER ITS 18 ACRES
Final Environmental Impact Report
• Draft EIR released July 2015 with PC Hearing in August 2015
• Analyzed three different project alternatives
• Response to comments addresses issues raised during 45 -day public review
period
■ All impacts mitigated to less than significant except air quality and
transportation and traffic
• Statement of overriding considerations needed due to air quality and traffic
impacts
Development Agreement
■ Agreement to include the following provisions:
• Six year agreement with a three year extension
• Allow phasing of project
• Public art contribution of approximately $1,500,000
• Common open space to be built in first phase
• Comply with Housing Opportunity Ordinance
CITY COUNCIL MINUTES 20 FEBRUARY 2, 2016
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Vesting Tract Map
■ Map to allow subdivision of project into six parcels:
• Four development parcels
• Two common area parcels
• Does not include subdivision of units for condominium purposes
• Requires submittal of CC &R's for common area lots
Zone Change / GP Amendment
• Proposal to modify zoning of site to specific development designation
• Proposal to amend General Plan Land Use designation to District Center
• Specific zoning standards have been prepared for the project that are unique
to the project and subject site
• Staff studying area for mixed -use development as part of General Plan
update
Planning Commission Action:
■ Voted 5:0 to recommended that the City Council:
• Certify the Final Environmental Impact Report;
• Approve General Plan amendment;
• Approve zone change;
• Approve development agreement; and,
• Approve vesting map
Airport Land Use Commission:
• Held meeting on October 15, 2015
• Voted 5:1 to find the project inconsistent with the AELUP
• Requires a 2/3 vote to overrule ALUC determination
• Assigns liability to City for future aircraft related events
Recommendation
• Approve certification of Final Environmental Impact Report No. 2015 -01,
adopt statement of overriding considerations and approve mitigation
monitoring and reporting program;
• Adopt a resolution approving General Plan Amendment No. 2015 -03;
• Adopt an ordinance approving Amendment Application No. 2014 -04;
• Adopt a resolution approving Development Agreement No. 2015 -03;
• Adopt a resolution approving Vesting Tentative Tract Map No. 2015 -03; and,
• Adopt a resolution finding the project consistent with the State Aeronautics
Act
The following addressed the City Council on the matter:
• Pamela Sapetto, representing SIRES, thanked staff for efforts to bring project
forward.
Councilmember Tinajero motioned to approve, seconded by Councilmember
Amezcua.
CITY COUNCIL MINUTES 21 FEBRUARY 2, 2016
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City Attorney Carvalho, requested consideration of California Environmental
Quality Act (CEQA) resolution separately.
MOTION:
1. Adopt a resolution.
A. RESOLUTION NO. 2016 -012 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ADOPTING FINDINGS AND A
STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CERTIFYING
FINAL ENVIRONMENTAL IMPACT REPORT NO. 2015 -01; ADOPTING
THE MITIGATION MONITORING PROGRAM; APPROVING GENERAL
PLAN AMENDMENT NO. 2015 -03; AND, APPROVING VESTING
TENTATIVE TRACT MAP NO. 2015 -03 AS CONDITIONED FOR THE
PROPERTY LOCATED AT 2001 EAST DYER ROAD
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
Councilmember Amezcua, motioned to approve resolution and (introduce) two
ordinances, seconded by Councilmember Tinajero.
MOTION:
1. Adopt a resolution.
B. RESOLUTION NO. 2016 -013 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE
DETERMINATION BY THE AIRPORT LAND USE COMMISSION OF
THE COUNTY OF ORANGE OF INCONSISTENCY OF THE
PROPOSED HERITAGE MIXED USE DEVELOPMENT PROJECT, 2001
EAST DYER ROAD, WITH THE CURRENT ORANGE COUNTY
AIRPORT LAND USE PLAN, WITH SUPPORTIVE FINDINGS
2. Place ordinances on first reading and authorize publication of titles.
A. ORDINANCE NO. NS -2892 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA REZONING THE HERITAGE
PROPERTY LOCATED AT 2001 EAST DYER ROAD FROM LIGHT
CITY COUNCIL MINUTES 22 FEBRUARY 2, 2016
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INDUSTRIAL (M -1) TO SPECIFIC DEVELOPMENT NO. 88 (SD -88) (AA
NO. 2014 -04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 88 (SD-
88) FOR SAID PROPERTY
B. ORDINANCE NO. NS -2893 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING A DEVELOPMENT
AGREEMENT FOR THE PROPERTY LOCATED AT 2001 EAST DYER
ROAD, BETWEEN THE CITY OF SANTA ANA AND HERITAGE
VILLAGE OC, A DELAWARE CORPORATION
MOTION: Amezcua SECOND: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
Council discussion en
Amezcua, Benavides, Pulido, Reyna, Sarmiento,
Tinajero (6)
None (0)
None (0)
Martinez (1)
sued on last item for consideration.
Mayor Pro Tern Sarmiento, noted that last item on the recommendations was to
amend the development agreement to include the in -lieu fees, as recommended
by Planning Commission.
City Attorney Carvalho, indicated that if it was Council desire to draft the
language and negotiate with the developer, she can do that.
Mayor Pro Tern Sarmiento motioned to approve, seconded by Councilmember
Benavides.
Councilmember Reyna, asked for clarification that affordable units will be built
as part of another development.
Planning and Building Executive Director Haghani, confirmed and noted that
Planning Commission had made the recommendation, although the Planning
Commission has not considered the project that funds would be earmarked; the
housing opportunities ordinance provides for the developer to express
preference to earmark in -lieu fees for certain project, but not obligatory. Also, if
Council approves option #7 on the agenda report those provisions are not
included in the drafted documents but additional action will be required.
Councilmember Reyna, clarified that option #7 would allow staff to negotiate
with developer, but matter would be agendized for Council consideration in the
future.
CITY COUNCIL MINUTES 23 FEBRUARY 2, 2016
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City Attorney Carvalho, summarized Planning Commission's desire to add
requirement that in -lieu fees be earmarked, but not part of staff's
recommendation and need City Council direction.
Councilmember Reyna, asked if other cities have managed the in -lieu fees in
the same manner. City Attorney Carvalho, indicated that there are other cities,
but the difference is that the money are available and not projected, as this is
the case.
Planning and Building Executive Director Haghani, noted that most practiced
approach is in -lieu fees directed to account and Housing Authority uses same as
any other resource — sole source or not.
City Manager Cavazos, noted that developer and Planning Commission are
recommending action.
Mayor Pro Tern Sarmiento, stated that he was aware of other cities that have in-
lieu fees with sole source projects; city amended the housing opportunity
ordinance to allow developer discretion.
Developer Ryan Olgunik, noted that AMCAL is high performance company and
urge in -lieu fees to be used for project on First Street, between Grand and 5
Freeway.
Mayor Pro Tern Sarmiento, rezoning light- industrial to mixed -use residential in
proposed First Street Project is good public policy; area has already been
identified in the Housing Element; will support under - performing areas.
Ryan Olgunik, noted that their development project is first to apply inclusionary
housing opportunity ordinance.
Mario Turner, representative for AMCAL, indicated that surrounding cities have
inclusionary fees.
Mayor Pulido, expressed support for project; will revitalize area.
Councilmember Benavides, commended staff for their efforts in past couple of
years; excited about mixed use project; pleased with other AMCAL projects in
the community; asked status of First Street project status; also, asked how
much HOME funding available per year.
Planning and Building Agency Executive Director Haghani, noted that project
received and being reviewed by case planner; working with developer on design
details.
Community Development Agency Executive Director Reenders, noted that
federal funding vary; HOME funds this year are approximately $1.6 million and
CDBG approximately $500,000, in addition to inclusionary funds.
CITY COUNCIL MINUTES 24 FEBRUARY 2, 2016
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Mario Turner, requested approval of project in concept.
City Attorney Carvalho, noted that if matter as proposed by the Planning
Commission would allow staff to work with developer in amending the
development agreement.
Community Development Agency Director Reenders, stated that when project
before the City Council for consideration will include subsidy layer report and
analysis.
City Attorney Carvalho, summarized option in the agenda report for
consideration.
Mayor Pro Tern Sarmiento, indicated that it was important to work out the timing,
funding; project is not unprecedented; asked City Manage to lead efforts.
William Devyn, Attorney for the Developer, indicated that they are opposed to
amending the development agreement (with Dyer 18 LLC), instead would like to
work with City to come up with proposal to direct funds and return to City
Council for approval is acceptable. Suggested motion for City Council
consideration.
City Manager Cavazos, noted that matter would be brought back to City Council
for consideration.
SUBSTITUTE MOTION:
3. Direct City Manager to lead discussions with developer on proposal for
City Council consideration as to the affordable housing project to
receive in -lieu fees.
MOTION: Reyna SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
CITY COUNCIL MINUTES 25 FEBRUARY 2, 2016
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80A. APPROPRIATION ADJUSTMENT — FAMILY SELF- SUFFICIENCY PROGRAM
ENABLES FAMILIES ASSISTED VIA THE HOUSING CHOICE VOUCHER
PROGRAM INCREASE INCOME AND REDUCE DEPENDENCY ON RENTAL
ASSISTANCE {STRATEGIC PLAN NO. 5, 3)
MOTION: Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2016 -076 - Recognizing an additional
$103,787 of U.S. Department of Housing and Urban Development's Family Self -
Sufficiency Program funds awarded to the Housing Authority of the City of Santa
Ana in the revenue account and appropriating the same in the expenditure
accounts.
MOTION: Amezcua SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Martinez (1)
CITY COUNCIL RECESSED AT 10:15 P.M. TO THE HOUSING AUTHORITY MEETING;
FOLLOWED BY SUCCESSOR AGENCY MEETING AT 10:16 P.M. AND RECONVENED
THE CITY COUNCIL MEETING AT 10:17 P.M. WITH SAME MEMBERS PRESENT.
COMMENTS
90A. CITY MANAGER'S COMMENTS
• Noted that successful meeting held with rating agency, Standard and Poor;
look forward to credit rating; thanked City Council for leadership.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Tinajero:
• Thanked City Manager for efforts and congratulated him on contract
extension.
CITY COUNCIL MINUTES 26 FEBRUARY 2, 2016
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Mayor Pro Tem Sarmiento:
• Noted that Citizenship Fair, in partnership with Public Law Center and
OCCORD, scheduled on April 9, 2016 at Southwest Senior Center;
encouraged all to exercise right to vote;
• Thanked speakers for addressing City Council on ICE contract; and
• Asked staff for advance notice on sensitive matters, better collaboration
amongst City departments and mindful of public's money.
Councilmember Amezcua:
• Thanked staff for tonight's meeting;
• Wished all a Happy Valentine's Day; and
• Concerned with lack of advance notice on Santiago Creek clean -up efforts.
Councilmember Reyna:
• Wished mother a Happy 80th Birthday!
Councilmember Benavides:
• Congratulated Mrs. Reyna on her 80th birthday;
• Thanked community for comments at tonight's meeting;
• Encourage residents to sign up to received notifications from the City
through Nixle and use applications to report graffiti; and
• Urged all to support our local economy and shop Santa Ana.
Mayor Pulido:
• Noted that U.S. President Barack Obama would be approving federal budget
on February 9th ; hope that OC Streetcar funding in the amount of $125
million would be included.
ADJOURNED- 10:29 p.m. - The next meeting of the City Council is scheduled for
Tuesday, February 16, 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 in Memory of
former Santa Ana Firefighter
Miguel "Mike" Diaz
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
• General Plan Update
CITY COUNCIL MINUTES 27 FEBRUARY 2, 2016
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