HomeMy WebLinkAbout2016-05-03 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MAY 3, 2016
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:10 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VICENTE SARMIENTO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
SAL TINAJERO
STAFF Present:
DAVID CAVAZOS, City Manager
JOHN FUNK, Assistant City Attorney
MARIA D. HUIZAR, Clerk of the Council
PAUL HERNANDEZ, SANTA ANA HIGH SCHOOL
TOM JONES, POLICE CHAPLAIN
PROCLAMATION presented by MAYOR PRO TEM SARMIENTO recognizing May 22nd as
Harvey Milk Day.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to
Officers of the Santa Ana Police Department involved in the HEART program for their
outstanding work with homelessness in the Civic Center: Officer Cassandra Hawkins;
Officer Judy Valdez; Officer David Enriquez; Officer Matt Chitjian; Corporal Juan Montiel;
Commander Ruben Ibarra.
CITY COUNCIL MINUTES 1 MAY 3, 2016
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Mario
and Trisha Morales and Victory Outreach Southeast Santa Ana for their outstanding work in
organizing the Peace and Unity March.
PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing National Bike to
Work Month.
PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing Small Business
Week.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 31 D, with the following modifications:
• Mayor Pulido pulled Agenda Items 19E, 20A, 20B, 25J, 25K, 25L, 25M, 251 and
31 B for separate action.
MOTION: Martinez SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF APRIL 19, 2016 {STRATEGIC
PLAN NO. 5, 11 - Clerk of the Council Office
MOTION
Approve minutes.
CITY COUNCIL MINUTES 2 MAY 3, 2016
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. ORDINANCE - SECOND READING: AMENDING CHAPTER 18 OF THE
SANTA ANA MUNICIPAL CODE REGARDING UNARMED GUARDS;
ESTABLISHING REGULATORY SAFETY PERMIT APPLICATION
DEADLINES; AND PROHIBITING ISSUANCE OF REGULATORY SAFETY
PERMIT APPLICATIONS TO NARCOTIC REGISTRANTS {STRATEGIC PLAN
NO. 5, 1) — Clerk of the Council
Published in the Orange County Reporter on April 8, 2016.
Placed on first reading at the April 5, 2016 City Council meeting and approved by a vote
of 5-0 (Tinajero and Pulido absent). Consideration of matter continued from the April
19, 2016 City Council meeting by a vote of 4-0 (Amezcua, Martinez and Pulido absent).
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2896 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE SANTA ANA
MUNICIPAL CODE REGARDING UNARMED GUARDS; ESTABLISHING
REGULATORY SAFETY PERMIT APPLICATION DEADLINES; AND
PROHIBITING ISSUANCE OF REGULATORY SAFETY PERMIT APPLICATIONS
TO NARCOTIC REGISTRANTS
*Mayor Pulido abstained on Agenda Item 11A; not present during deliberation of
matter on April 5, 2016.
11B. ORDINANCE - SECOND READING: REZONING THE AMCAL MULTI
HOUSING TWO, LLC PROPERTY LOCATED AT 1438 AND 1440 EAST FIRST
STREET FROM GENERAL COMMERCIAL (C-2) TO SPECIFIC
DEVELOPMENT NO. 89 (SD-89) (AA NO. 2016-01) AND ADOPTING
SPECIFIC DEVELOPMENT NO. 89 (SD-89) FOR SAID PROPERTY
{STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
Published in the Orange County Reporter on April 22, 2016.
Placed on first reading at the April 19, 2016 City Council meeting and approved
by a vote of 7-0.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2897 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REZONING THE AMCAL MULTI HOUSING TWO, LLC
PROPERTY LOCATED AT 1438 AND 1440 EAST FIRST STREET FROM
GENERAL COMMERCIAL (C-2) TO SPECIFIC DEVELOPMENT NO. 89 (SD-89)
(AA NO. 2016-01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 89 (SD-89)
FOR SAID PROPERTY
CITY COUNCIL MINUTES 3 MAY 3, 2016
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
Development and Transportation Committee (Cancelled) 4/7/2016
Development and Transportation Committee (Special) 4/18/2016
Parks, Recreation, Education and Youth Committee (Cancelled) 4/25/2016
FINAL TRACT MAP NOTIFICATIONS
Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map
and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove
this map within 10 days of the City Council Meeting.
17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP
NO. 17636 (1010 SOUTH HARBOR BOULEVARD) {STRATEGIC PLAN NO, 3,
21 - Public Works Agency
MOTION: Receive and file.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE
19B. EXCUSED ABSENCES — Clerk of the Council Office
MOTION: Excuse the absence of Councilmember Tinajero from the May 3,
2016 City Council Meeting.
19C. QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2016
{STRATEGIC PLAN NO. 4, 1 D) - Finance and Management Services
MOTION: Receive and file.
19D. REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE
{STRATEGIC PLAN NO. 5, 1} - Community Development Agency
Community Redevelopment and Housing Commission approved recommended
action on April 27, 2016 by a vote of 5 - 0 (Garcia absent).
CITY COUNCIL MINUTES 4 MAY 3, 2016
MOTION: Approve the Regional Analysis of Impediments to Fair Housing
Choice and authorize the City Manager to certify that the Regional
Analysis of Impediments to Fair Housing Choice represents the City's
conclusions about impediments to fair housing choice and actions
necessary to identify and address impediments.
Councilmember Martinez, asked for status report on the issues that have been
brought to her from the community as they relate to illegal park activity.
City Manager Cavazos, noted that staff has reviewed information and will
recommend hiring of full-time rangers for the upcoming budget cycle.
Councilmember Reyna, echoed comments by Councilmember Martinez;
welcome opportunity to hire full-time rangers to address public safety concerns.
MOTION: Receive and file.
MOTION: Martinez SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
19F. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL
IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR APRIL 2016
{STRATEGIC PLAN NO. 5, 1} - Public Works Agency
MOTION: Receive and file.
19G. SENIOR MOBILITY PROGRAM SERVICE PLAN WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) {STRATEGIC PLAN NO. 5, 4B} -
Parks, Recreation and Community Services Agency
MOTION: Approve the Senior Mobility Program Service Plan and authorize
its submittal to the Orange County Transportation Authority.
CITY COUNCIL MINUTES 6 MAY 3, 2016
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
Consideration of matter continued from the April 19, 2016 City Council meeting
due to an insufficient number of votes required.
MOTION: Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2016-096 — Recognize Orange County
Partnership to Improve Community Health grant allocation in the amount of
$145,000 into the Emergency and Health Fund revenue account and
appropriating the same in the Emergency and Health Fund expenditure account
for 2015-2016
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
SECOND: Reyna
Amezcua, Benavides, Pulido, Reyna, Sarmiento
(5)
None (0)
Martinez (1)
ABSENT: Tinajero (1)
*Councilmember Martinez, abstained on Agenda Item out of an abundance of
caution and due to her employment.
Consideration of matter continued from the April 19, 2016 City Council meeting
due to an insufficient number of votes required.
Councilmember Martinez, supports concept but concerned about million dollar
investment.
CITY COUNCIL MINUTES 6 MAY 3, 2016
Public Works Agency Executive Director Fred Mousavipour, indicated that it was
investment and would be cost effective project.
MOTION:
1. Recognize a Mitigated Negative Declaration for the Santa Ana Delhi
Diversion Project.
2. AGMT NO. 2016-092 - Authorize the City Manager and Clerk of the
Council to execute a Cooperative Agreement with the City of Costa
Mesa that advances funds in an amount not to exceed $1,100,000 for
construction of the portion of the Santa Ana Delhi Diversion Project
within the limits of City of Costa Mesa and require reimbursement of
$600,000 to the City of Santa Ana by January 31, 2017, subject to non -
substantive changes approved by the City Manager and City Attorney.
3. Amend the Fiscal Year 2015-2016 Capital Improvement Project to
increase the Delhi Diversion Project budget by $1,100,000.
4. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2016-103 - Recognize a $600,000
Expense Reimbursement from City of Costa Mesa and $500,000 from
Federal Clean Water Protection Enterprise prior year fund balance, and
appropriate $1,100,000 in the Federal Clean Water Protection Enterprise
Fund.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Amezcua
Amezcua, Benavides,
Sarmiento (5)
None (0)
None (0)
Pulido, Tinajero (2)
Martinez, Reyna,
20C. AGREEMENT AND APPROPRIATION ADJUSTMENT FOR PROFESSIONAL
ENGINEERING SERVICES TO IDENTIFY ALTERNATIVE INFRASTRUCTURE
STORM DRAIN IMPROVEMENTS (PROJECT 16-6608) {STRATEGIC PLAN
NO. 6, 1 F) - Public Works Agency
Consideration of matter continued from the April 19, 2016 City Council meeting
due to an insufficient number of votes required.
MOTION:
CITY COUNCIL MINUTES 7 MAY 3, 2016
1. AGMT NO. 2016-093 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Michael Baker International to
provide professional engineering services for a one-year term
beginning May 4; 2016, through May 4, 2017, with provision for two one-
year term extensions exercisable by the City Manager and the City
Attorney, in an amount not to exceed $236,956 over the life of the
agreement, 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. 2016-104 - Recognizing $150,000 in
current year funds received from fees collected and interest earned in the
Local Drainage Area Fund 221, 222, and 223 revenue accounts, and
appropriating the same amount into the respective Local Drainage Area
Fund 221, 222, and 223 expenditure accounts.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 15-130 - POLICE CONVERSION COMPONENTS {STRATEGIC
PLAN NO. 6, 21 - Finance and Management Services
Project in accordance with the Council approved Surplus Allocation Plan as of
October 20, 2015.
MOTION: Award contracts for a two year period expiring April 30, 2018 in
an annual amount not to exceed $495,000, subject to non -substantive
changes approved by the City Manager and City Attorney, with the
Adamson Police Products, Los Alamitos and Lehr, Anaheim.
2213. SPEC. NO. 16-020 — PURCHASE OF EIGHT FORD INTERCEPTOR SUV
POLICE PATROL VEHICLES {STRATEGIC PLAN NO. 6, 2) - Finance and
Management Services
Project in accordance with the Council approved Surplus Allocation Plan as of
October 20, 2015.
MOTION: Authorize a one-time purchase and payment of purchase order
to National Auto Fleet Group in an amount not to exceed $263,060, subject
to non -substantive changes approved by the City Manager and City
Attorney.
CITY COUNCIL MINUTES 8 MAY 3, 2016
22C. SPEC. NO. 16-042 - PURCHASE OF 16 MID -SIZE TRUCKS {STRATEGIC
PLAN NO. 6, 2) (Parks, Recreation and Community Services Agency and Public
Works Agency) - Finance and Management Services
Project in accordance with the Council approved Surplus Allocation Plan as of
October 20, 2015.
MOTION: Continue consideration of matter to the May 17, 2016 City
Council Meeting, at the request of staff.
PROJECTS/CHANGE ORDERS
23A. AWARD CONTRACT FOR CENTENNIAL PARK NEIGHBORHOOD WATER
MAIN IMPROVEMENT (PROJECT 09-3213) {STRATEGIC PLAN NO. 6, 1C) -
Public Works Agency
MOTION;
1. Authorize the City Manager and Clerk of the Council to award and
execute a construction contract to Big Ben, Inc., the lowest responsible
bidder, in accordance with the bid in the amount of $2,912,602, for the
term beginning upon execution of the contract and ending upon project
completion, for the construction of the Centennial Park Neighborhood
Water Main Improvements Project, subject to non -substantive changes
approved by the City Manager and City Attorney.
2. Approve the Project Cost Analysis for a total estimated project delivery
cost of $3,786,384, which includes the contract base amount,
administration, inspection, testing, and a 15 percent contractual
contingency of $436,891.
AGREEMENTS
25A. AGMT NO. 2016-094 - DONATION TO ASSIST IN HOSTING A SERIES OF
MOVIE NIGHTS TO HELP BUILD COMMUNITY BY BRINGING RESIDENTS
TOGETHER {STRATEGIC PLAN NO. 5,4) - Councilmember Reyna
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Charitable Ventures of Orange County for a one-time
donation amount of $1,000, subject to non -substantive changes approved
by the City Manager and the City Attorney.
25B. AGMT NO. 2016-095 - DONATION TO SUPPORT ACADEMICS AND ARTS
THROUGH CULTURAL ENRICHMENT SERVICES AND STRENGTHEN
CULTURAL PRIDE AND SELF-CONFIDENCE THROUGH THE STUDY AND
CITY COUNCIL MINUTES 9 MAY 3, 2016
PRESERVATION OF TRADITIONAL MEXICAN PERFORMING ARTS
{STRATEGIC PLAN NO. 5, 4} - Councilmember Amezcua
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Relampago Del Cielo, Inc. for a one-time donation
amount of $2,500, subject to non -substantive changes approved by the
City Manager and the City Attorney.
25C. AGMT NO. 2016-096 - DONATION TO SUPPORT A RELAY FOR LIFE EVENT
AT SANTA ANA COLLEGE AND HELP SUPPORT THOSE IMPACTED BY
CANCER, INCLUDING PATIENTS AND CAREGIVERS {STRATEGIC PLAN
NO. 5, 4} - Councilmember Tinajero
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with the American Cancer Society for a one-time donation
amount of $500, subject to non -substantive changes approved by the City
Manager and the City Attorney
25D. AGMT NO. 2016-097 - DONATION TO SUPPORT AN ATHLETIC CLUB AT
SEGERSTROM HIGH SCHOOL PROGRAM {STRATEGIC PLAN NO, 5, 41 -
Councilmember Tinajero
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Jaguar Diamond Booster Club for a one-time donation
amount of $2,500, subject to non -substantive changes approved by the
City Manager and the City Attorney.
25E. AGMT NO. 2016-098 - PROFESSIONAL AUDITING SERVICES {STRATEGIC
PLAN NO. 7, 5F} — City Manager's Office and Finance and Management
Services
MOTION: Award a contract to White Nelson Diehl Evans LLP, for a two-
year period beginning with the fiscal year -ending June 30, 2016 and June
30, 2017, in the amount of $366,675, with a provision for one two-year
renewal exercisable by the City Manager, for the for the fiscal year -ending
June 30, 2018 and June 30, 2019, subject to non -substantive changes
approved by the City Manager and City Attorney.
25F. AGMT NO. 2016-099 - AMENDMENT - INOVAH CASHIERING SYSTEM
UPGRADE AND EXTENSION OF HARDWARE SYSTEMS MAINTENANCE
{STRATEGIC PLAN NO. 7, 51 - Finance and Management Services and
Information Technology Department
CITY COUNCIL MINUTES 10 MAY 3, 2016
MOTION: Authorize the City Manager and Clerk of the Council to execute a
second amended agreement with System Innovators, a division of N.
Harris Computer Corporation, for an upgrade of iNovah, the City's
integrated cashiering system, for an amount not to exceed $29,710.
Authorization of second amended agreement to also include ongoing
software support and hardware systems maintenance for the annual
calendar year periods of 2017, 2018, and 2019, along with one additional
two year extension for the annual calendar year periods of 2020 and 2021
exercisable by the City Manager and City Attorney, subject to non -
substantive changes for an amount not to exceed $202,807.30.
25G. AGMT NO. 2016-100 - DONATION TO SUPPORT AN ATHLETIC CLUB AT
GODINEZ HIGH SCHOOL {STRATEGIC PLAN NO. 5, 4} - Councilmember
Tinajero
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Grizzly Athletic Booster Club for a one-time donation
amount of $2,500, subject to non -substantive changes approved by the
City Manager and the City Attorney.
25H. AGMT NO. 2016-101 - AMEND SITE LICENSE AGREEMENT FOR BUS
PASSENGER SERVICES AT THE SANTA ANA REGIONAL
TRANSPORTATION CENTER {STRATEGIC PLAN NO. 3, 2C} - Public Works
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
the First Amendment with Orange County Transportation Authority, for the
term beginning May 3, 2016, through the remaining three of five one-year
renewal options to be granted at the City's discretion, to compensate the
City $2,282 annually for the use of the license area for bus passenger
services at the Santa Ana Regional Transportation Center, subject to non -
substantive changes approved by the City Manager and City Attorney.
MOTION:
• AGMT NO. 2016-102 — Authorize the City Manager and Clerk of the
Council to amend the agreement with WM Curbside, LLC, for residential
universal waste collection by amending the term of the existing
agreement to expire on June 30, 2018, and increasing the funding
allocation by an amount not to exceed $25,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 11 MAY 3, 2016
• AGMT NO. 2016-103 — Authorize the City Manager and Clerk of the
Council to amend the agreement with WM Curbside, LLC, battery
recycling, by amending the term of the existing agreements to expire
on June 30, 2018, and increasing the funding allocation by an amount
not to exceed $25,000, subject to non -substantive changes approved
by the City Manager and City Attorney.
• AGMT NO. 2016-104 - Authorize the City Manager and Clerk of the
Council to amend the agreement with Welldyne/RxWest for medical
sharps disposal services, by amending the term of the agreement to
expire on June 30, 2018, and increasing the funding allocation by an
amount not to exceed $25,000, subject to non -substantive changes
approved by the City Manager and City Attorney.
*Mayor Pro Tern Sarmiento abstained on Agenda Item 251 due to campaign
contribution.
Project in accordance with the Council approved Surplus Allocation Plan as of
October 20, 2015.
Rick Neidermeyer, expressed concern with contractor selected.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with FieldTurf for a one-year term beginning May 8, 2016, in
an amount not to exceed $1,035,675 over the life of the agreement, which
includes a 15 percent contingency, subject to non -substantive changes
approved by the City Manager and City Attorney.
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
CITY COUNCIL MINUTES 12 MAY 3, 2016
Councilmember Martinez expressed concern with full takes.
MOTION: Authorize the City Manager and Clerk of the Council to execute
purchase agreements for the full purchase price for the real property listed
below and goodwill (if any) with the following property owners, subject to
non -substantive changes approved by the City Manager and City Attorney:
• AGMT NO. 2016-106 — With David P. Cohen and Summer L. Cohen in an
amount of $ 420,000 for the property located at 827 N. Bristol (APN 405-
262-21);
• AGMT NO. 2016-107 — With John P.S. Park and Grace P.C. Park
Trustees in an amount of $470,000 for the property located at 911 N.
Bristol (APN 405-262-24).
MOTION: Benavides SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento
(5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
Councilmember Martinez expressed concern with full takes.
MOTION: Authorize the City Manager and Clerk of the Council to execute a
purchase agreement for the full purchase price for the real property listed
below and goodwill (if any), with the following property owners, subject to
non -substantive changes approved by the City Manager and City Attorney:
• AGMT NO. 2016-108 - With Eduardo Palacio and Elisa Palacio in an
amount of $450,000 for the property located at 1242 W. Saint Anne Place
(APN 015-216-01);
CITY COUNCIL MINUTES 13 MAY 3, 2016
25N
• AGMT NO. 2016-109 - With Loyd Van Dao in an amount of $540,000 for
the property located at 1302 W. Saint Anne Place (APN 408-336-01).
MOTION: Benavides SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento
(5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
Councilmember Martinez expressed concern with full takes.
MOTION: Authorize the City Manager and Clerk of the Council to execute a
settlement agreement with Joe Garrido dba Farmers Insurance, tenant of
the property located at 1607 North Bristol Street (APN 399-085-11), in the
amount of $30,000, subject to non -substantive changes approved by the
City Manager and City Attorney.
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento
(5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
GEOTECHNICAL, SPECIAL INSPECTION, AND MATERIAL TESTING
SERVICES {STRATEGIC PLAN NO. 6, 1 C} - Public Works Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with the each of the three entities listed below to
provide on -call geotechnical, special inspection, and material testing
CITY COUNCIL MINUTES 14 MAY 3, 2016
services, for a two-year period beginning May 4, 2016, and expiring May 3,
2018, with provisions for two one-year renewal options exercisable by the
City Manager and City Attorney, in an amount not to exceed $500,000 for
each firm over the entire term of the agreement, including any renewals,
subject to non -substantive changes approved by the City Manager and
City Attorney.
• AGMT NO. 2016-111 —With AESCO,
• AGMT NO. 2016-112 —With United Inspection & Testing, and
• AGMT NO. 2016-113 —With Ninyo & Moore
250. AGMT NO. 2016-114 - DONATION TO SUPPORT TWO SOFTBALL
SCRIMMAGE GAMES {STRATEGIC PLAN NO. 5,4) - Councilmember Tinajero
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Santa Ana Xtreme Softball for a one-time donation
amount of $2,500, subject to non -substantive changes approved by the
City Manager and the City Attorney.
25P. AGMT NO. 2016-115 - DONATION TO SUPPORT A CLASSICAL MUSIC
PROGRAM {STRATEGIC PLAN NO. 5, 4} — Councilmember Amezcua
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Orange County Children's Therapeutic ARTS Center for
a one-time donation amount of $1,500, subject to non -substantive changes
approved by the City Manager and the City Attorney.
LAND USE MATTERS
CONDITIONAL USE PERMITNARIANCES
31A. CONDITIONAL USE PERMIT NO. 2016-05 TO ALLOW A TYPE 41 ALCOHOL
BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO.
2016-15 TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M. AT
KIYOMIZU RESTAURANT AT 305 EAST FOURTH STREET, SUITE 105 —
PHILLIP KWAN, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 4) - Planning and
Building Agency
Planning Commission approved recommended action on April 11, 2016, by a
vote of 5-0 (Alderete and Bacerra absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016-05 and Conditional Use Permit No. 2016-15 as
conditioned.
CITY COUNCIL MINUTES 15 MAY 3, 2016
Planning Commission approved recommended action on April 11, 2016, by a
vote of 5-0 (Alderete and Bacerra absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016-08 and Conditional Use Permit No. 2016-09 as
conditioned.
MOTION: Amezcua
VOTE: AYES:
NOES
ABSTAIN
SECOND: Benavides
Amezcua, Benavides,
Sarmiento (5)
None (0)
Pulido (0)
Martinez, Reyna,
ABSENT: Tinajero (1)
*Mayor Pulido abstained due to potential conflict of interest due to a campaign
contribution.
31C. CONDITIONAL USE PERMIT NO. 2016-10 AND CONDITIONAL USE PERMIT
NO. 2016-11 TO ALLOW THE AFTER-HOURS OPERATION OF 7-ELEVEN
MARKET FOR 24-HOUR OPERATION AND AN OFF -SALE ALCOHOLIC
BEVERAGE CONTROL LICENSE AT 3960 SOUTH MAIN STREET, UNIT A -
DANIELLE FOLEY, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and
Building Agency
Planning Commission approved recommended action on April 11, 2016, by a
vote of 5-0 (Alderete and Bacerra absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016-10 as conditioned and Conditional Use Permit No. 2016-
11.
31 D. REGIONAL PLANNED SIGN PROGRAM NO. 2016-01 - McFADDEN PLACE
AT 1421 SOUTH VILLAGE WAY — PAULA HALVERSON, APPLICANT
{STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency
CITY COUNCIL MINUTES 16 MAY 3, 2016
Planning Commission approved recommended action on April 11, 2016, by a
vote of 5-0 (Alderete and Bacerra absent).
MOTION: Receive and file the staff report approving Regional Planned
Sign Program No. 2016-01 as conditioned.
**END OF CONSENT CALENDAR**
PUBLIC COMMENTS
• Ilya Tseglia, requested to speak on Agenda items 22A, 22B, 20A, 55C, 20A and 25E —
made general comments about welfare of son who is in custody of the State.
• Robert Tseglia, requested to speak on Agenda items 22A, 22B, 20A, 55C, 20A and 25E —
asked for assistance as it relates to the wellbeing of brother.
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. RELOCATION PLAN FOR BRISTOL STREET PHASE 3A IMPROVEMENTS
BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE (PROJECT
NO. 136792) (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1G & 3, 2C) -
Public Works Agency
Councilmember Martinez, commented that agenda report was not available on-
line. Clerk of the Council Huizar, confirmed that hard copy available to the
public, but not on-line. Council consensus to continue matter.
MOTION: Continue consideration of matter to the May 17, 2016 City
Council Meeting.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
CITY COUNCIL MINUTES
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
None (0)
None (0)
Tinajero (1)
17
MAY 3, 2016
55B. RELOCATION PLAN FOR BRISTOL STREET PHASE 4 IMPROVEMENTS
BETWEEN WARNER AVENUE AND SAINT ANDREW PLACE (PROJECT NO.
116741) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G & 3, 2C} -
Public Works Agency
Councilmember Martinez, asked how many units would be relocated; concerned
with displacement and important to have equitable process.
Jason Gabriel, Principal Civil Engineer, noted that non-residential impacts to 13
business and 1 billboard, and 13 single family units and 1 mixed use property.
MOTION: Adopt a resolution.
RESOLUTION NO. 2016-025 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR
PHASE 4 IMPROVEMENTS OF THE BRISTOL STREET IMPROVEMENTS
PROJECT BETWEEN WARNER AVENUE AND SAINT ANDREW PLACE
MOTION: Benavides SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento
(5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
55C. ACCEPTING THE DONATION OF FITNESS EQUIPMENT FOR THE SANTA
ANA POLICE DEPARTMENT FITNESS CENTER FROM THE SANTA ANA
POLICE OFFICERS ASSOCIATION {STRATEGIC PLAN GOAL NO. 1, 11) -
Police Department
MOTION: Adopt a resolution.
RESOLUTION NO. 2016-026 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ACCEPTING THE DONATION OF GYM
EQUIPMENT FROM THE SANTA ANA POLICE OFFICER ASSOCIATION FOR
USE IN THE BRUCE R. CARLSON FITNESS CENTER
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
CITY COUNCIL MINUTES 18 MAY 3, 2016
ABSTAIN: None (0)
ABSENT: Tinajero (1)
REPORTS
65A. REGULATORY FEE RELATED TO THE SALE OF SAFE AND SANE
FIREWORKS {STRATEGIC PLAN GOAL NO. 1, 2D} - Police Department
Staff Recommendation: Review and select an option regarding the
implementation of a regulatory fee for the sale safe and sane fireworks from the
options listed below:
1. No Policy Change — do not pursue regulatory fee related to the sale of safe
and sane fireworks
2. Conduct the staff work required to implement a regulatory fee related to the
sale of safe and sane fireworks and present for City Council consideration:
The following speakers addressed the City Council:
• Kimberly Terrazas, representative of Trinity Crystal Rey Church, concerned
with proposed tax increase.
• Rick Neidermeyer, suggested that fines be increased and enforced; noted
that funds raised directly by non-profit organizations benefit the children in
our community.
Council discussion ensued.
Councilmember Martinez, requested clarification on recommendation action.
City Manager Cavazos, noted that recommendation asks City Council to
consider matter as status quo or direct staff to review regulatory fee options.
Councilmember Martinez, noted that Council needs to provide direction soon
since 4th of July fast approaching; asked if funding was available in budget to
address illegal activity; reiterated that her recommendation is to take it to the
voters for consideration; asked if impacts of proposed recommendations were
analyzed.
City Manager Cavazos, noted that funds available in current budget, if
regulatory fee approved City would be able to provide other services.
Councilmember Benavides, noted that Public Safety Council Committee has
discussed at length — positive programs offered through non -profits and
negative impacts of illegal fireworks; asked that matter be brought back after the
CITY COUNCIL MINUTES 19 MAY 3, 2016
4th of July to decide on voter approved measure or other impacts; supports
regulatory fee, but not charged to non -profits.
Councilmember Benavides, motion to consider approval of regulatory fee but
not all passed on to non-profit organizations but the fireworks industry; need to
provide enhanced enforcement and education with goal to reduce illegal
fireworks; and return matter after 4th of July for City Council to consider ban.
Seconded by Councilmember Amezcua.
Councilmember Amezcua, comments that public safety committee had
considered increasing fines; asked if sufficient time to place on the ballot.
City Manager Cavazos, reminded that if voter approved measure passed any
future changes would require it to go back to the ballot; staff will review fines.
Councilmember Reyna, supports fines at highest level possible to eliminate
illegal; earmark police unit to address illegal fireworks such as unit that works
cold -cases; need to have combination of education and enforcement.
Mayor Pro Tern Sarmiento, need to consider all comments including members
opposed to fireworks; supports review of regulatory fee and preliminary work to
place on the ballot.
Mayor Pulido, summarized motion proposed
City Manager Cavazos, noted that City Council will go dark on July 19th and
would need to agendize by July 5ch
Mayor Pulido, may need to call special meeting if necessary.
Councilmember Benavides, presented motion and noted that at the previous
meeting directed staff to agendize options including impacts, enforcement and
look at what options to consider including placing matter for voter approval at
the July 5th City Council Meeting.
Councilmember Martinez, clarified that motion is to be status quo this year, but
staff to conduct assessment of regulatory fee to impose in the future and option
to place on the ballot; time sensitive.
Councilmember Benavides, prefers to have regulatory fee imposed this year to
offset costs.
City Manager Cavazos, noted that it may be more realistic to bring forth on July
5th because of noticing requirements.
John Funk, Acting City Attorney, noted that matter may be considered in the
form of Urgency Ordinance.
CITY COUNCIL MINUTES 20 MAY 3, 2016
Councilmember Amezcua, asked if too late to review fines.
Mayor Pulido, supports fireworks; important to include discussion with fireworks
industry; also concerned about timing for placing matter on the ballot.
City Manager Cavazos, staff will bring back consideration of increased fines and
regulatory fee structure in the future.
FRIENDLY AMENDMENT TO THE MOTION: Consider increasing fines and
move forward with option 2 as proposed by staff (above) — direct staff to
look at creating a regulatory fee, but to qualify it, and not to be passed on
to non-profit organizations.
MOTION: Benavides SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido,
Sarmiento (5)
NOES: Reyna (1)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
PUBLIC HEARINGS
75A. CONTINUED PUBLIC HEARING — AUTHORIZING CONDEMNATION OF
REAL PROPERTY AT 1607 NORTH BRISTOL STREET (APN 405-252-22)
FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740)
(NONGENERAL FUND) {STRATEGIC PLAN NO. 6,1,G & 3,2,C} - Public
Works Agency
Notice of Hearing letter regarding acquisition of real property by eminent domain
mailed to property owners on March 24, 2016.
Consideration of item continued from the March 15, 2016 City Council meeting
by a vote of 6-0 (Martinez absent) and continued from the April 19, 2016 City
Council meeting due to an insufficient votes required.
Public hearing opened and closed at the April 19, 2016 City Council meeting.
Councilmember Benavides, commented on location of property.
MOTION: Adopt a resolution. (Requires five affirmative votes)
RESOLUTION NO. 2016-027 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC
CITY COUNCIL MINUTES 21 MAY 3, 2016
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA
ANA LOCATED AT 1607 N. BRISTOL STREET (APN 405-252-22)
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento
(5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
75B. CONTINUED PUBLIC HEARING —ADOPTION OF THE PROACTIVE RENTAL
ENFORCEMENT PROGRAM (PREP) ORDINANCE IN CHAPTER 8
(STRATEGIC PLAN NO. 5, 4E} - Planning and Building Agency
Legal Notice published in the Orange County Reporter April 8, 2016 and April
15, 2016.
Consideration of matter continued from the April 19, 2016 City Council by a vote
of 4-0. (Amezcua, Martinez and Pulido absent).
Public hearing opened and closed at the April 19, 2016 City Council meeting.
The following spoke in support of the revised ordinance:
Lou Penrose and Nicholas Dunlap, representing the Apartment Association of
Orange County.
Councilmember Benavides, requested clarification on proposed changes; how
does PREP address the substandard condition of some apartments.
Planning and Building Executive Director Hassan Haghani, noted that fee
reduced to $2 among a few other changes; PREP program purpose and options
to address repeat offenders.
MOTION: Place revised ordinance on first reading and authorize
publication of title.
ORDINANCE NO. NS-2898 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADOPTING THE PROACTIVE RENTAL
ENFORCEMENT PROGRAM (PREP) IN CHAPTER EIGHT OF THE SANTA
ANA MUNICIPAL CODE
CITY COUNCIL MINUTES 22 MAY 3, 2016
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Amezcua
Amezcua, Benavides,
Sarmiento (5)
None (0)
None (0)
Reyna, Tinajero (2)
Martinez, Pulido,
75C. PUBLIC HEARING -- GENERAL PLAN AMENDMENT NO. 2016-02,
AMENDMENT APPLICATION NO. 2016-02, TENTATIVE TRACT MAP NO.
2016-02, MITIGATED NEGATIVE DECLARATION NO. 2015-09, SUMMARY
STREET VACATION AND INCLUSIONARY HOUSING AGREEMENT FOR
THE FIRST AND PACIFIC TOWNHOME PROJECT AT 1506 THROUGH 1548
WEST FIRST STREET — THE OLSON COMPANY, APPLICANT (STRATEGIC
PLAN NOS. 3, 2, 5; 5, 3, 41 - Planning and Building Agency
Planning Commission approved recommended action on April 11, 2016 by a
vote of 5 - 0 (Alderete and Bacerra absent).
Legal Notice published in the Orange County Reporter April 22, 2016 and
notices mailed on April 21, 2016,
Mayor Pro Tern Sarmiento, noted that Kennedy Commission submitted letter for
the record with concerns; requested a continuance of 30 days to allow time to
address issues including identifying project as a Housing Element, which project
does not correspond; will need to consider discretion on AMI.
City Manager Cavazos, noted that staff to work with Council directly and
address concerns.
John Reekstin, Olson Co. representative, asked City Council to reconsider
motion and not delay matter; delay may pose contractual obligation and
potentially lose property.
Council consensus to continue to the next regular City Council meeting.
AMENDED MOTION: Continue consideration of matter to the May 17, 2016
City Council Meeting.
MOTION: Sarmiento SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
CITY COUNCIL MINUTES 23 MAY 3, 2016
NOES:
ABSTAIN:
F_1Gi
None (0)
None (0)
Tinajero (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. ADOPT RESOLUTION IN SUPPORT OF DESALINATION AS A LOCAL,
RELIABLE SUPPLY OF CLEAN SAFE DRINKING WATER — Mayor Pro Tern
Sarmiento and Councilmember Reyna
Andres Teran and Diego Teran, expressed strong support for desalination
project in Huntington Beach.
Mayor Pro Tem Sarmiento, supports matter, concerned with over -drafting
aquafer, project pending State approval; cost needs to match Metropolitan
Water District rates.
Councilmember Reyna, echoed comments and supports matter.
MOTION: Adopt a resolution.
RESOLUTION NO. 2016-028 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA IN SUPPORT OF DESALINATION AS A LOCAL,
RELIABLE SUPPLY OF CLEAN SAFE DRINKING WATER
MOTION: Sarmiento SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
CITY COUNCIL RECESSED AT 8:25 P.M. TO THE HOUSING AUTHORITY MEETING AND
RECONVENED THE CITY COUNCIL MEETING AT 8:26 P.M. WITH SAME MEMBERS
PRESENT.
CITY COUNCIL MINUTES 24 MAY 3, 2016
COMMENTS
PUBLIC COMMENTS
• Rick Neidermeyer, representing AYSO, thanked the police department for hard work and
efforts in rescuing child
• James Kendrick, submitted copy of SAMC section regarding cigarettes; protests cigarette
license fees in excess of $600; requested consideration for waiving late fee of $100.
• Ilya Tseglia, spoke of son's condition.
• Robert Tseglia, concerned with treatment of brother, who is ward of the State.
• Sandra "Pocha" Pena, provided update on behalf of the Arts and Culture Commission; half
way point through Arts Master Plan and would like input from councilmembers; invited all to
observatory for performance by Los Lobos.
• Madeline Spencer, spoke of City's economic development efforts; City to finalize Plan.
90A. CITY MANAGER'S COMMENTS
• Commented on success for Cinco de Mayo celebration; and
• Mentioned that City's Library has received national recognition as one of top 5
libraries; will be receiving prestigious award in Washington D.C.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Requested meeting be adjourned in memory of Chris Chavez who was fatally
wounded in a hit and run accident; condolences to the family; noted City's
pledge of $10,000 reward to find culprit;
• Asked for status of lights on loth Street;
• Request for Proposal for branding and communication & media — requested
update and next steps; what is status of economic development plan perhaps
reconsider denial of additional funds to finalize report; and
• Wished all a Happy a Mother's Day.
Mayor Pro Tern Sarmiento:
• Congratulated Parks, Recreation and Community Service and Police
Department staff for another successful Cinco de Mayo event;
• Thanked City Manager and staff for handling Delhi Neighborhood Association
on a roundabout on Central Avenue across from Center and school; and also a
request from Sandpoint Neighborhood regarding trees and other public safety
concerns;
• Recognized Councilmember Martinez as first Santa Ana Councilmember sworn -
in as SCAG President; is the current President of NALEO and also holds a seat
on Metropolitan Water District — very proud of work and representing City; and
• Wished his mother and all others a Happy Mother's Day.
Councilmember Amezcua:
• Thanked staff for another successful Cinco De Mayo event;
• Congratulated library for national recognition;
CITY COUNCIL MINUTES 25 MAY 3, 2016
• Congratulated Councilmember Martinez on being elected President of SCAG;
• Thanked all teachers for their hard work and efforts as today is Teacher
Appreciation Day; and
• Wished all a Happy Mother's Day.
Councilmember Reyna:
• Encouraged all to conserve water;
• Commented on success of Cinco de Mayo;
• Mentioned that Teachers of the Year award recipients will be recognized at
upcoming meeting;
• Asked all to shop Santa Ana; new video coming out soon that promotes some of
our local businesses; and
• Expressed appreciation for his mother and wished all a Happy Mother's Day.
Councilmember Benavides:
• Commended parks staff on another successful Cinco de Mayo event;
• Thanked all who joined the Peace and Unity rally;
• Invited all to attend the Love Santa Ana Initiative to be held on May 215t;
• Request staff follow-up on economic development plan and review business
license fees and have Finance and Economic Development Council Committee
consider items; and
• Wished all a Happy Mother's Day!
Mayor Pulido:
• Participated in the Orange County Half Marathon; asked that participants be
recognized at upcoming Council meeting including the kids from PAAL;
• Wished all a Blessed Mother's Day.
ADJOURNED - 9:04 p.m. - The next meeting of the City Council is scheduled for Tuesday,
May 17, 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
CHRIS CHAVEZ
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
• Budget Approved Fiscal Year 2016-2017
• 2016 General Election
• Economic Development Strategic Plan
• General Plan Update, tentatively scheduled for February 2018
• Continuation of update and recommendations for the Santa Ana Jail
CITY COUNCIL MINUTES 26 MAY 3, 2016