Loading...
HomeMy WebLinkAbout2016-06-07 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 7, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA (5:22 p.m.) P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (5:33 p.m.) SAL TINAJERO (5:25 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 5:16 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. Antonio Quintanilla, et al. v City of Santa Ana et al., Orange County Superior Court Case No. 30-2015-00803957 CITY COUNCIL MINUTES 1 JUNE 7, 2016 2. City of Santa Ana v. Sycamore Parking Concepts LLC et al., Orange County Superior Court Case No. 30-2016-00844851 3. 1901 First Street Owner LLC v. Tustin Unified School District, Orange County Superior Court Case No.: 30-2015-00803234-CU-WM-CJC 2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: Two cases 3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: 1901 First Street Owner, LLC 4. PUBLIC EMPLOYEE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Attorney CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:23 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 JUNE 7, 2016 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:25 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA (6:27 p.m.) P. DAVID BENAVIDES (6:27 p.m.) MICHELE MARTINEZ (6:27 p.m.) ROMAN A. REYNA (6:27 p.m.) SAL TINAJERO (6:37 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 (6:27 p.m.) MEMBERS OF THE SANTA ANA POLICE ASSOCIATION ATHLETICS LEAGUE DR. CURTIS SMITH, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to the following individuals for helping the youth in Santa Ana: Johnathan Hernandez, Executive Director of Santa Ana Unidos Boxing Club; Alicia Rodriguez of Delhi Center, Rudy Cordova of Suavecito; Robert Ruiz, Jesse Vargas, and Adrian Esparza of Laborers Local 652; and Rigo Lafontaine of South Coast Mitsubishi. PROCLAMATION presented by COUNCILMEMBER AMEZCUA recognizing the Orange County Fire Authority's Drowning Prevention campaign. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to the children of the Santa Ana Police Association Athletics League who successfully completed the OC Half Marathon on May 1, 2016: CITY COUNCIL MINUTES 3 JUNE 7, 2016 Coaches - Kenney Aguilar; Dario Gaitan; David Ai; Abel Medina; Runners - Michelle Acosta; Yvette Acosta; Roxana Diaz; Lilia Fuentes; Bryan Garcia; Guille Gomez; Ryan Gomez; Carolina Gonzalez; Susana Grajeda; Janet Gutierrez; Elisa Lopez; Christopher Meza; Wendy Meza; Adriana Montoya; Justine Nava; Carolina Perez; Ivan Perez; Luis Quiroz; Arizbet Pichardo; Daisy Rayo; Diego Rodriguez; Alexis Rodriguez•, Andres Salado; Lucero Valenzuela; Samantha Valle; Alexandra Velasquez; Denisse Velasquez; Jesse Velasquez; Cynthia Viera; Bryanna Villegas; Jose Zamora. CLOSED SESSION REPORT - See Item 19A for any reportable actions. PUBLIC COMMENT (CONSENT CALENDAR ITEMS) - None CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31E, with the following modifications: • Councilmember Martinez, dissented on Agenda Items 10A and 11A - absent from the May 17, 2016 City Council Meeting; • Councilmember Martinez, pulled Agenda Items 19D, 20B, 23A, 25B and 25C for separate action; • Councilmember Tinajero, pulled Agenda Item 31 E for separate action; and • Mayor Pulido, abstained on Agenda Items 31A and 31 B due to a potential conflict of interest and receipt of a campaign contribution. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions shave the actual vote. Items without votes are adopted as part of the consent motion, CITY COUNCIL MINUTES 4 JUNE 7, 2016 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF MAY 17, 2016 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve minutes. t°Councilmember Martinez, dissented on Agenda Item 10A. 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: REZONING FOUR PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET FROM GENERAL COMMERCIAL (C-2) AND SINGLE FAMILY RESIDENCE (R-1) TO SPECIFIC DEVELOPMENT NO. 90 (SD-90) (AA NO. 2016-02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 90 (SD-90) — THE OLSON COMPANY, APPLICANT {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office Placed on first reading at the May 17, 2016 City Council meeting and approved by a vote of 5-0 (Martinez and Tinajero absent). Published in the Orange County Reporter on May 27, 2016. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2899 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING FOUR PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET FROM GENERAL COMMERCIAL (C-2) AND SINGLE FAMILY RESIDENCE (R-1) TO SPECIFIC DEVELOPMENT NO. 90 (SD-90) (AA NO. 2016-02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 90 (SD-90) FOR SAID PROPERTIES "Councilmember Martinez, dissented on Agenda Item 11A. 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 Code of Ethics and Conduct Committee 5/19/2016 Public Safety and Neighborhood Improvement Committee (Cancelled) 5/24/2016 CITY COUNCIL MINUTES 5 JUNE 7, 2016 13B. NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE TO ARTS AND CULTURE COMMISSION FOR A PARTIAL TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Frank J. Gutierrez to the Arts and Culture Commission, Ward 5 resident (replacing D. Ramirez). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement as follow: CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Antonio Quintanilla et al v City of Santa Ana et al., Orange County Superior Court Case No. 30-2015-00803957; Motion by Benavides, Seconded by Sarmiento to approve total settlement in the amount of $62,000 by 6-0 vote (Reyna absent). (A-2016-223) 19B. EXCUSED ABSENCES — None 19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR MAY 2016 {STRATEGIC PLAN NO. 5, 11 - Public Works Agency 19b. MOTION: Receive and file. Councilmember Martinez, requested report on project; noted nexus to Agenda Item 20B; relocation of graduation ceremonies; safety concerns. Parks, Recreation and Community Services Executive Director Mouet, stated that graduation ceremonies have historic importance in the community; described project schedule that were based on estimates back in January, but due to unforeseen circumstances additional work has to be performed for safety reasons; Westside bleachers to be completed by the end of the week and Eastside by September — in time for football season, field continues to be used CITY COUNCIL MINUTES 6 JUNE 7, 2016 for soccer just not bleachers; and stated that Santa Ana Unified School District and Santa Ana College graduation ceremonies have been relocated to Centennial Park. Public Works Agency Executive Director Mousavipour, said that original estimate based on initial review but once construction began additional repairs identified. City Manager Cavazos, specified that unforeseen condition of stadium required change order, urgent request to finish repairs before football season. Mayor Pro Tern Sarmiento, future scheduling of improvements should consider impacts such as graduations with said project. MOTION: Receive and file. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT - WORKFORCE INNOVATION AND OPPORTUNITY ACT FUNDS FOR PROGRAM YEAR 2015-2016 {STRATEGIC PLAN NO. 2, 4) — Community Development Agency Matter continued from the May 17, 2016 City Council meeting due to insufficient votes. MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016-113 - Recognizing additional Workforce Innovation and Opportunity Act grant funds in the total amount of $4,030 in Federal Grant Indirect revenue account and appropriating as follows: 1. $ 343 in Administrative Allowance funds to Reserve Appropriation account; CITY COUNCIL MINUTES 7 JUNE 7, 2016 2. $ 1,941 in Adult funds to Reserve Appropriation account; 3. $ 1,150 in Dislocated Worker funds to Reserve Appropriation account; and 4. $ 596 in Rapid Response funds to Miscellaneous Operating expense account 20B, INCREASE SCOPE OF CONTRACT FOR SANTA ANA : STADIUM STRUCTURAL CONCRETE REPAIRS (PROJECT 16-2656) {STRATEGIC PLAN NO. 6, 1B and 1G) - Public Works Agency, Personnel Services Agency and Parks, Recreation and Community Services Agency Matter continued from the May 17, 2016 City Council meeting due to insufficient votes. Councilmember Martinez, requested update report within 30 days. Councilmember Benavides, expressed same concerns as Councilmember Martinez. MOTION: 1. Approve an increase of $800,000 to Metro Builders & Engineers Group, Ltd. Construction contract for the Santa Ana Stadium Structural Concrete Repair Project, to address the urgent safety and liability issues that were discovered during construction, 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. 2016-117 - Recognizing Liability & Property Insurance Fund Reserves in Balance from Prior Year revenue account and appropriate same to expenditure account in the amount of $800,000. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 8 JUNE 7, 2016 SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16-070 - CONTRACT AMENDMENT FOR CHAIN LINK FENCE RENTALS {STRATEGIC PLAN NO. 5, 41 - (Community Development Agency, Public Works Agency and Parks, Recreation and Community Services) - Finance and Management Services MOTION: Amend the contract with United Site Services to increase the aggregate limit by $30,000 for a total amount not to exceed $55,000 subject to non -substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 15-132 - CONTRACT AMENDMENT FOR REPAIRS TO FREIGHT ELEVATOR 4H IN THE POLICE DEPARTMENT DETENTION FACILITY {STRATEGIC PLAN NO. 6, 2) (Police Department) - Finance and Management Services MOTION: Amend the contract with KONE, Inc. in the amount $24,550, which includes $10,000 contingency, for a total amount not to exceed $68,550, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 16-021 — VARIABLE FREQUENCY DRIVES AND PUMP MOTORS AT DESIGNATED COMMUNITY POOLS {STRATEGIC PLAN NO. 6, 1 D) (Parks, Recreation and Community Services) - Finance and Management Services MOTION: 1. Reject four bids considered nonresponsive to the specifications. 2. Authorize a one-time purchase and payment of purchase order to California Waters Development, Inc. in an amount not to exceed $ 45,800, which includes $3,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney. 22D. SPEC. NO. 16-056 - NINE PORTABLE VIDEO CAMERA SYSTEMS {STRATEGIC PLAN NO. 1,1 F) (Police Department) - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase order to Knuckledragger Design, Inc. in the amount of $121,986, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 9 JUNE 7, 2016 22E. SPEC. NO. 16-049 - EMERGENCY DIESEL GENERATOR SET FOR WALNUT WATER PUMPING STATION {STRATEGIC PLAN NO. 6, 1C} (Public Works Agency) - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase order to Quinn Company in the amount of $179,658 with a 10 percent contingency for a total amount not to exceed $197,625, subject to non - substantive changes approved by the City Manager and City Attorney. 22F. SPEC. NO. 14-021 - CONTRACT AMENDMENT FOR JANITORIAL SERVICES {STRATEGIC PLAN NO. 6, 1C} (Parks, Recreation and Community Services Agency and Public Works Agency) - Finance and Management Services MOTION: Amend the contract with Commercial Cleaning Services in the amount of $125,235, which includes $8,000 contingency, for a total annual amount not to exceed $582,235, subject to non -substantive changes approved by the City Manager and City Attorney. PROJECTSICHANGE ORDERS 23A. AWARD CONTRACT FOR CONSTRUCTION OF SAFE TRANSIT STOPS (PROJECT 15-6843) {STRATEGIC PLAN NO. 6, 1G} - Public Works Agency and Community Development Agency Public Work Agency Executive Director Mousavipour, noted that it is a grant funded project that will provide a number of transit stops throughout the City. MOTION: 1. Award a contract to ND Construction Company, Inc., the lowest responsible bidder, in accordance with the base bid plus additive alternates 1 and 2, in the amount of $1,066,446 for the construction of Safe Transit Stops, and authorize the City Manager and Clerk of the Council to execute contract, 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 $1,439,702, which includes the contract base amount, administration, inspection, testing, and an authorized contract contingency of 20 percent in the amount of $213,290. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) CITY COUNCIL MINUTES 10 JUNE 7, 2016 NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero(1) AGREEMENTS 25A. AGMT NO. 2016-132 - PROJECT MANAGEMENT SERVICES FOR THE POLICE DEPARTMENT'S TRITECH INTEGRATED SOFTWARE SYSTEM (STRATEGIC PLAN NO. 1, 2A) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Winbourne Consulting for the period of April 16„ 2016 through April 16, 2018, in an amount not to exceed $150,512, with a contingency of $9,488 for a total agreement amount of $160,000, subject to non -substantive changes approved by the City Manager and City Attorney. Councilmember Martinez, asked if City offers on-line billing and what is cost to provide service. Finance and Management Services Executive Director Gutierrez, responded that intent of contract is to provide enhanced services including on-line access to history and payment; City Council will consider approving a cap on credit card transaction fee at subsequent City Council meeting. MOTION: 1. AGMT NO. 2016-133 - Authorize the City Manager and Clerk of the Council to execute a First Amended Agreement with InfoSend, Inc. to add bill print services for the City's Proactive Residential Enforcement Program for an amount not to exceed $5,000 for the period beginning June 7, 2016 through June 30, 2016 with an additional amount not to exceed $25,000 for the fiscal year period of 2016-17 for a total sum of $30,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2016-134 - Authorize the City Manager and Clerk of the Council to execute a Second Amended Agreement with Invoice Cloud, CITY COUNCIL MINUTES 11 JUNE 7, 2016 Inc. expanding the scope of contractual services to include enhanced Electronic Billing and Payment Presentation (EBPP) services for the City's Municipal Utility Services program and extending the current contract term beginning July 1, 2016 through June 30, 2018 and increasing compensation from $25,000 to $290,000, which includes a $50,000 contingency, upon a written request executed by the City Manager and City Attorney, 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) 25C. CONSTRUCTABILITY REVIEW SERVICES {STRATEGIC PLAN NO. 61 1Q - Public Works Agency Public Works Agency Executive Director Mousavipour, explained that contractors review complex projects. Councilmember Martinez, need to be conservative with City funds; review staffing needs, if needed. MOTION: Authorize the City Manager and the Clerk of the Council to execute agreements for a two-year period beginning June 8, 2016 and expiring June 7, 2018, with provisions for two one-year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $400,000 for each consultant over the entire term of the agreement, including any renewals, subject to non -substantive changes approved by the City Manager and City Attorney. 1. AGMT NO. 2016-135 - With KPFF Consulting Engineers and 2. AGMT NO. 2016.136 - With IDS Group, Inc., MOTION: Martinez VOTE: AYES: SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 12 JUNE 7, 2016 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25D. MEMORANDUM OF UNDERSTANDING WITH MANDATED PARTNERS AND COUNTY OF ORANGE — WORKFORCE INNOVATION AND OPPORTUNITY ACT (STRATEGIC PLAN NO 2, 4) - Community Development Agency Workforce Development Board approved recommended action on May 25, 2016 by a vote of 9-0 (Absent: Davila, Didion, Elliott, McMurtray, Piwnica, Ruiz, Wadhera; Abstain: Alegre, Claudio, Martinez, Nishimoto, Ray absent). MOTION: 1. AGMT NO. 2016-137 - Authorize the Mayor, City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board and America's Job Center of California Partner to establish a cooperative working relationship between the parties and to define respective roles and responsibilities, subject to non -substantive changes approved by the City Manager and City Attorney. �¢� 2. AGMT NOS. 2016-138 & 2016-138A ='Authorize the Mayor and City Attorney to execute the Memorandum of Understanding with the County of Orange in partnership with the Orange County Development Board, the Orange County Social Services Agency and the Orange County Sheriff's Department Second Chance Act grant program, subject to non -substantive changes approved by the City Manager and City Attorney 25E. AGMT NO. 2016-139 - DONATION TO SUPPORT AN ART EXHIBIT {STRATEGIC PLAN NO. 5, 4) - Councilmember Martinez 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 $1,280, subject to non -substantive 25F. AGMT NO. 2016-140 - DONATION TO SUPPORT A RESIDENT LEADERSHIP PROJECT {STRATEGIC PLAN NO. 5, 4) - Councilmember Martinez MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Latino Health Access for a one-time donation amount of $3,000, subject to non -substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL MINUTES 13 JUNE 7, 2016 25G. AGMT NO. 2016-141 - DONATION TO SUPPORT A COLLEGIATE WRESTLING PROGRAM {STRATEGIC PLAN NO. 5, 4) - Councilmember Martinez MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Athletic Foundation for a one-time donation amount of $2,000, subject to non -substantive changes approved by the City Manager and the City Attorney. 25H. AGMT NO. 2016-142 - DONATION TO SUPPORT MICROFARM AND MERCADITO SUMMER WELLNESS PROGRAMS {STRATEGIC PLAN NO. 5, 4} - Councilmember Martinez MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Charitable Ventures of Orange County Inc. for a one-time donation amount of $2,000, subject to non -substantive changes approved by the City Manager and the City Attorney. 251. AGMT NO. 2016-143 - DONATION TO SUPPORT WILLARD NEIGHBORHOOD'S COMMUNITY CLEANUP EVENT {STRATEGIC PLAN NO. 5, 4) - Councilmember Reyna MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Charitable Ventures of Orange County Inc. for a one-time donation amount of $1,500, subject to non -substantive changes approved by the City Manager and the City Attorney. 25J. AGMT NO. 2016-144 - DONATION TO SUPPORT A HEALTH EDUCATION AND PREVENTION PROGRAM {STRATEGIC PLAN NO. 5, 4} - Mayor Pro Tern Sarmiento MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Madison Park Neighborhood Association for a one-time donation amount of $1,500, subject to non -substantive changes approved by the City Manager and the City Attorney. 25K. AGMT NO. 2016-145 - DONATION TO SUPPORT A SUMMER ENRICHMENT CAMP {STRATEGIC PLAN NO. 5, 4) - Mayor Pro Tern Sarmiento MOTION: - Authorize the City Manager and Clerk of the Council to execute an agreement with the Delhi Center for a one-time donation amount of CITY COUNCIL MINUTES 14 JUNE 7, 2016 $2,500, subject to non -substantive changes approved by the City Manager and the City Attorney. 25L. AGMT NO. 2016-146 - DONATION TO SUPPORT A SUMMER ENRICHMENT CAMP (STRATEGIC PLAN NO. 5, 4) - Councilmember Amezcua MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Delhi Center for a one-time donation amount of $1,000, subject to non -substantive changes approved by the City Manager and the City Attorney. 25M. AGMT NO. 2016-147 - DONATION TO SUPPORT AN ANNUAL BLUE RIBBON EVENT {STRATEGIC PLAN NO. 5,4) - Councilmember Amezcua MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Human Options Inc. 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 PERM ITIVARIANCES 31A. CONDITIONAL USE PERMIT NO. 2016-13 TO ALLOW A BANQUET FACILITY AND VARIANCE NO. 2016-03 FOR A REDUCTION IN REQUIRED PARKING FOR CENTRO CULTURAL BANQUET HALL LOCATED AT 1002 EAST SEVENTEENTH STREET, UNIT M - RAUL BALDERRAMA, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on May 9, 2016, by a vote of 5-0 (McLoughlin and Verino absent). MOTION: Receive and file the staff report denying Conditional Use Permit No. 2016-13 and Variance No. 2016-03. *Mayor Pulido abstained due to a potential conflict of interest and campaign contribution. 31B. CONDITIONAL USE PERMIT NO. 2014-16 TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE EL CORTEZ RESTAURANT LOCATED AT 1227 EAST SEVENTEENTH STREET — JOSEPH RODRIGUEZ, APPLICANT (STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency CITY COUNCIL MINUTES 15 JUNE 7, 2016 Planning Commission approved recommended action on May 9, 2016, by a vote of 4-0 (Alderete, McLoughlin and Verino absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014-16. *Mayor Pulido abstained due to a potential conflict of interest and campaign contribution. 31 C. CONDITIONAL USE PERMIT NO. 2016-16 TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT ROCKFIRE GRILL RESTAURANT AT 1945 EAST SEVENTEENTH STREET, SUITE 104 - RAJ SYAL, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on May 9, 2016, by a vote of 4-0 (Alderete, McLoughlin and Verino absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016-16. 31D. VARIANCE NO. 2016-04 FOR A REDUCTION IN REQUIRED PARKING FOR THE SANTA ANA ARTS COLLECTIVE ADAPTIVE REUSE PROJECT LOCATED AT 1666 NORTH MAIN STREET - MICHELLE COULTER, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5; 5, 3, 4) - Planning and Building Agency Planning Commission approved recommended action on May 9, 2016, by a vote of 4-0 (Alderete, McLoughlin and Verino absent). MOTION: Receive and file the staff report approving Variance No. 2016-04 as conditioned. 31 E. CONDITIONALUSE PERMIT NO. 201-6-21 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT SUPER KING MARKET LOCATED AT 2741 WEST MACARTHUR BOULEVARD- DAVID WEISSGLASS, APPLICANT {STRATEGIC PLAN NO. 3, 2}- Planning and Building Agency Planning Commission approved recommended action on May 23, 2016, by a vote of 5-1 (Mill dissented; Bacerra absent). Councilmember Tinajero, expressed concern with project to approve a liquor license in his Ward; applicants who are proposing major business need to reach out to the councilmember in that area and discuss the impacts that it may pose; proposed to table matter for a few weeks however because Planning Commission has approved, the City Council must take action tonight to table CITY COUNCIL MINUTES 16 JUNE 7, 2016 and set for public hearing; asked if applicant had contracted with consultant that may create a conflict for Mayor. Planning and Building Agency Executive Director Haghani, indicated that he could not confirm or deny who the applicant had contracted with, but conversation on that matter held at the Planning Commission meeting. Councilmember Tinajero, motioned to de novo matter and schedule a public hearing, seconded by Councilmember Amezcua to allow applicant to meet with Councilmember. Councilmember Benavides, fair request and asked what if any impacts delay would have on opening. Planning and Building Agency Executive Director Haghani, confirmed that proposed action is approval of a conditional use permit to sell alcohol; the supermarket opening can continue. Councilmember Tinajero, stated that it was a matter of courtesy since applicant has not reached out to all councilmembers. Mayor Pulido, asked the City Attorney that if Planning Commission decision was overturned if there had to be findings. City Attorney Carvalho, indicated that Planning Commission decisions are quasi-judicative decision; City Council may consider de novo hearing; if decision overturned will require findings to support determination. Councilmember Tinajero, would like to discuss operation of business and may find that there is no issue; would like to schedule meeting to do due diligence as a councilmember. Planning and Building Agency Executive Director Haghani, will need time to notice public hearing item. Mayor Pulido, noted that location is former Ralph's Supermarket. Councilmember Tinajero, stated that former is a large and reputable supermarket, but does not know business practice of incoming business. Councilmember Martinez, asked what it does to applicant if matter scheduled for a month out; from a planning perspective what is the process to obtain a Conditional Use Permit (CUP); what is time frame for other applicants and is this consistent with other applications? Planning and Building Agency Executive Director Haghani, noted that Santa Ana Municipal Code (SAMC) current practice is an anomaly; normal case is 3-4 CITY COUNCIL MINUTES 17 _ JUNE 7, 2016 months and if CUP delayed it may delay their opening tentatively scheduled for the end of the month. Mayor Pro Tern Sarmiento, important to follow procedure; remember other ABC licenses in the Downtown had additional conditions considered in the past; received communication from UFCW; have had applicants work with unions in amicable environment; need comfort level to move forward and be fair to working families. City Attorney Carvalho, specified that according to the Santa Ana Municipal Code the Planning Commission decision becomes final after 10-day appeal period expires and decision are final after first regular meeting of the City Council; need majority vote to set public hearing and when matter before City Council for consideration will be bound to land use restrictions and need findings to support decision. Councilmember Martinez, does not want to postpone decision that will hurt applicant from opening business; important for applicant to reach out to all councilmembers. City Attorney Carvalho, clarified that item will be effective tomorrow unless the City Council votes to schedule a public hearing. Councilmember Tinajero, motion to approve de novo hearing for 30 days. Mayor Pulido, asked if only purpose is to encourage union membership if it within legal right. Mayor Pro Tern Sarmiento, clarified that his comments were to allow conversation and courtesy extended to bargaining units. City Attorney Carvalho, indicated that public hearing can only be set to discuss findings for a conditional use permit — consistent with existing general plan, zoning, is it likely to create nuisance and make determinations. Planning and Building Agency Executive Director Haghani, offered that Planning Commission has approved CUP with certain conditions. Clerk of the Council Huizar, mentioned that if it's a matter of noticing hearing, can publish in time for June 21, 2016 City Council meeting. Councilmember Tinajero, may not be ready to consider matter in two weeks but at said meeting may continue the public hearing. MOTION: Table matter and direct staff to schedule a fully noticed de novo hearing for two weeks. MOTION: Tinajero SECOND: Sarmiento CITY COUNCIL MINUTES 18 JUNE 7, 2016 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS AGENDA ITEMS CONSIDERED OUT OF ORDER RESOLUTIONS 55E. RESOLUTION TO ESTABLISH A HOTEL DEVELOPMENT INCENTIVE PROGRAM {STRATEGIC PLAN NO. 3, 3C} - Community Development Agency Matter continued from the April 19, 2016 City Council meeting at the request of staff. The following speakers addressed the City Council: • Avelino Valencia III, representing Assemblyman Tom Daly, read letter of support for incentive program. • Ernesto Medrano, Council Representative at Los Angeles / Orange Counties Building and Construction Trades Council, urged approval of program; labor unions actively participated in development of program. • Ryan Esfahani, representing the Kennedy Commission, supports item; encourage continued discussion with community on similar projects. • Shakeel Syed, incoming Executive Director of OCCORD, expressed support; active participation with community. • Ada Briceho, representing Unite Local 11, supports item; will provide local incentives; model for other cities. Mayor Pro Tem Sarmiento, thanked United Local 11, Building Trades and staff; 2014 County had 46 million visitors attracts many from the outside and creates opportunity for Santa Ana; Harbor Blvd may extend area of opportunities; create quality jobs for residents; fully supports item. Councilmember Benavides, thanked staff and opportunities created CITY COUNCIL MINUTES 19 JUNE 7, 2016 MOTION: Adopt a resolution. RESOLUTION NO. 2016-034 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ESTABLISH A HOTEL DEVELOPMENT INCENTIVE PROGRAM MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: TH OF OFFICE SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTERED BY THE CLERK OF THE COUNCIL TO FRANK J. GUTIERREZ, ARTS AND CULTURE COMMISSIONER • Councilmember Martinez left the meeting at 8:04 p.m. and did not return. 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. PROVIDE DIRECTION TO STAFF REGARDING A REQUEST FOR QUALIFICATION FOR THE 3RD STREET & BROADWAY SITE ORIGINALLY ISSUED ON MAY 3, 2013, THEN REISSUED ON SEPTEMBER 16, 2014 - Mayor Pro Tern Sarmiento and Councilmember Benavides Mayor Pro Tern Sarmiento, thanked colleagues Benavides and Martinez for serving on Development and Transportation Council Committee who discussed the old YMCA and specific site to incentivize development, creating jobs and opportunities. Would like to take matter out of Committee and bring to full City Council for comment and provide direction. Councilmember Benavides, noted that matter Request for Qualification issued 3 years ago; item revised and reissued to include specific request; held several meetings on the matter. Motion by Councilmember Benavides, seconded by CITY COUNCIL MINUTES 20 JUNE 7, 2016 Mayor Pro Tern Sarmiento to direct staff to bring back options for City Council to consider within 30 days. Mayor Pro Tern Sarmiento, need to create finality with last standing applicant or move forward with other opportunities. Mayor Pulido, would like to add for consideration approval of a development agreement; noted that he received an email from Councilmember Benavides with recommendation that include sureties bonds and performance standards and elements required in a development agreement. Email needs to be entered into the record. Maker of the motion agreed to include friendly amendment. City Manager Cavazos, cautioned that proposal received, but have not been able to ascertain the financial threshold criteria, i.e. the finances to enter into negotiations; development agreement entered into usually after meeting criteria thus agreement may have some blanks but will take direction from the City Council. Mayor Pulido, wanted to make clear in the motion that development agreement is one of the options that should be considered by the City Council. FRIENDLY AMENDED MOTION: Direct staff to bring back options for consideration including development agreement within 30 days. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARING SECOND: Sarmiento Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) None (0) None (0) Martinez (1) 75F 1-2. PUBLIC HEARING - ADOPTION OF CITY BUDGET FISCAL YEAR 2016-2017; SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FROM FISCAL YEAR 2016-2017 THROUGH FISCAL YEAR 2022-2023; AMEND AND RE- ESTABLISH THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS AND FISCAL YEAR 2016-2017 MISCELLANEOUS FEE RESOLUTION {STRATEGIC PLAN 4, 2A} - Finance and Management Services Legal Notice published in the Orange County Reporter on May 27, 2016 and June 3, 2016. CITY COUNCIL MINUTES 21 _��_ JUNE 7, 2016 Council discussion ensued Mayor Pulido, requested addition of $100,000 to the Cabrillo Tennis Center in order to build 2 tennis courts; owner is willing to put in the delta to construct courts. Councilmember Tinajero, supports current budget as recommended; may include request in next year's budget. Mayor Pro Tern Sarmiento, noted that additional changes may be considered in the future; not prepared to vote now. City Manager Cavazos, indicated that budget has several hundred thousand dollars for request, for proposal projects; did meet with operator of Cabrillo Center and promised a pro -forma and analysis report; commit to the Council that after he meets with operator will bring back to the City Council for consideration. Councilmember Benavides, noted that City Council had previously discussed staffing changes in the Clerk of the Council office to allow for additional duties such as voter outreach. Motion to create a line item to add an Assistant Clerk of the Council and designate some funds; seconded by Pulido. Councilmember Tinajero, asked that before taking action on that matter request meeting with the Clerk of the Council to discuss some concerns with out of class responsibilities; concerned that if they add staff want to make sure that job responsibilities consistent with scope of the position and then approve. Councilmember Benavides, asked for clarification on the request. Clerk of the Council Huizar, responded that request was for an Assistant Clerk to assist with voter outreach and other responsibilities. Councilmember Tinajero, important for responsibilities to stay within the scope. Councilmember Benavides, asked if allocation of funds had to be included. City Manager Cavazos, said that motion to add a position was appropriate and noted that $100,000 was added to the budget for voter outreach and can add $50,000 Clerk of the Council Huizar, indicated that request was a reclassification of an existing Senior Deputy Clerk of the Council to an Assistant Clerk and the addition of a Deputy Clerk City Manager Cavazos, budget changes need to be made now to finalize the budget on June 21 st. CITY COUNCIL MINUTES 22 JUNE 7, 2016 Councilmember Tinajero, indicated that he would be dissenting from that item because he had concerns with expanding the department. Councilmember Reyna, reported that Joint Use Committee and PREY have discussed a pilot program for a joint use agreement to keep the shell of the school open from 6 p.m. to 10 p.m. to create sustained change in the community, recommended $250,000 for a pilot program to work with the school district in doing a joint use agreement; matter would be referred to Joint Use Committee to review schools and recommendations Councilmember Tinajero, more supportive of joint use agreement than tennis courts because they have significant impact with the schools; cognizant and value with request. Councilmember Amezcua, sits on joint use committee and supports request. Mayor Pro Tern Sarmiento, supports the joint use effort; sat with Councilmember Martinez and Councilmember Tinajero, and Mayor Pro Tern Sarmiento, sat on PREY Committee and did a few joint use agreements; thanked City Manager for proposing a budget that increases number of police officers, would like to get back to numbers before the recession and thanked for funding youth programs such as Delhi Center and other centers; on the tennis courts he said it was good to leverage two courts that are assets to the City; was a line item last budget but removed but used to address homeless issues. City Manager Cavazos, summarized requests; motion to approve as recommended and add consensus item which is $250,000 for joint use agreement. Councilmember Benavides, indicated that Clerk office change is for $75,000. Councilmember Amezcua, requested information of role and responsibilities of Clerk. AMENDED MOTION NO. 1: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2900 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2016 2. Adopt a Seven -Year Capital Improvement Program (CIP) beginning fiscal year 2016-2017 through fiscal Year 2022-2023 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. 3. Adopt resolutions. CITY COUNCIL MINUTES 23 JUNE 7, 2016 RESOLUTION NO. 2016-035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS TO EFFECT CERTAIN CHANGES. **** RESOLUTION NO. 2016-036 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2016-2017 4. Develop a pilot Joint Use Agreement with the Santa Ana Unified School District and appropriate $250,000. MOTION: Reyna SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) Councilmember Tinajero, dissented on addition of Assistant Clerk of the Council position as noted in Amended Motion No. 3 and reflected in Section 3A of said Resolution. AMENDED MOTION NO. 2: Direct staff to leverage $100,000 for construction of two tennis courts at Cabrillo Tennis Center MOTION: Pulido VOTE: AYES: Amezcua, Benavides, Pulido, Sarmiento (4) NOES: Reyna, Tinajero (2) ABSTAIN: None (0) ABSENT: Martinez (1) AMENDED MOTION NO. 3: Create a line item in the budget to add the Assistant Clerk of the Council position and appropriate $75,000 MOTION: Benavides SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, (5) NOES: Tinajero (1) CITY COUNCIL MINUTES 24 JUNE 7, 2016 _► ABSENT None (0) Martinez (1) • Jared Elmore, had submitted a Request to Speak form on public hearing; asked three questions as they pertained to transfer of senior management analyst position in Public Works Agency from Administrative Services to Water Resources. - Councilmember Benavides, would like staff to provide answers and information and asked that speaker submit questions via email. • Mayor Pro Tem Sarmiento, left at 8:26 p.m. and did not return. EMERGENCY ORDINANCE 50A. EMERGENCY ORDINANCE ADOPTING A 45-DAY MORATORIUM ON THE ESTABLISHMENT, OPERATION OR EXPANSION OF ANY BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USE OR MULTIPLE TENANCIES IN A SINGLE APARTMENT UNIT (STRATEGIC PLAN NO. 5, 4)- Planning and Building Agency MOTION: Adopt an emergency ordinance. (Requires five affirmative votes) .39 Ire "I am- EVIONNINFAIE40104M '41 10 MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) **Clerk of the Council Huizar, indicate that several speakers had submitted Request to Speak forms on the matter; may need to veto earlier action. Mayor Pulido, reconsidered item to allow for public speakers. City Attorney Carvalho, stated that Brown Act requires speakers to address the City Council before action considered; five members required to reconsider CITY COUNCIL MINUTES 25 _ JUNE 7, 2016 emergency ordinance; may take public comments and continue matter for two weeks. Planning and Building Agency Executive Director Haghani, said that proposed action may alleviate neighborhood impacts Mayor Pulido, stated that Mayor Pro Tern Sarmiento had expressed concerns with unintended consequences and will allow the public to speak on the matter. The following speakers addressed the City Council: • Marylou Ontiveros, expressed concerns with proposed sober living at Mauna Lau Apartments that abut her property; area not conducive for type of business proposed. • Brenda Vargas, thanked the City Council for continuing matter to allow Mayor Pro Tern to consider matter. • Kathleen Dolaway, supports long term residents of apartment complex, but not of proposed business; important to protect residents. • Robert Mann, representing Sober Living Coalition, opined that proposed ordinance does not clarify if it does affect sober living environments; offered staff assistance to draft ordinance. • Sam Ford, requested clarification of action; also, expressed concern that sober living facilities do not perform background checks. - Mayor Pulido, indicated that discussion of moratorium continued for 2 weeks. MOTION: Continue consideration of matter for 2 weeks. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: RESOLUTIONS SECOND: Amezcua Amezcua, Benavides, Pulido, Reyna, Tinajero (5) None (0) None (0) Martinez, Sarmiento (2) 55A. RESOLUTION AMENDING VALLEY HIGH PERMIT PARKING DISTRICT TO INCLUDE THE CENTENNIAL PARK NEIGHBORHOOD (STRATEGIC PLAN NO. 5, 4) - Public Works Agency MOTION: Adopt a resolution. CITY COUNCIL MINUTES 26 JUNE 7, 2016 RESOLUTION NO. 2016-041 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1993-077 RELATED TO THE VALLEY HIGH PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING SUCH DISTRICT TO INCLUDE THE CENTENNIAL PARK NEIGHBORHOOD MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS SECOND: Pulido Amezcua, Benavides, Pulido, Reyna, Tinajero (5) None (0) None (0) Martinez, Sarmiento (2) AGENDA ITEMS CONSIDERED OUT OF ORDER 75A. PUBLIC HEARING - ISSUANCE OF TAX EXEMPT BONDS FOR THE BENEFIT OF NOVA ACADEMY EARLY COLLEGE HIGH SCHOOL AND RESOLUTION APPROVING THE ISSUANCE OF BONDS {STRATEGIC PLAN NO. 3, 2} - Community Development Agency Legal Notice published in the Orange County Register on May 24, 2016. Mayor Pulido opened the Public Hearing; there were no speakers and Hearing closed. MOTION: 1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing (TEFRA) in consideration of the issuance of tax-exempt bond financing by the California Municipal Finance Authority on behalf of the Nova Academy Children's Foundation, Inc., for the benefit of NOVA Academy Early College High School, to finance the costs of (a) acquiring land and education and related facilities located at 500 W. Santa Ana Blvd., City of Santa Ana, County of Orange, California, for use by Nova Academy Early College High School, currently serving students in grades 9-12; (b) funding a debt service reserve fund for the Bonds; (c) paying capitalized interest on the Bonds; and (d) paying certain Bond issuance expenses (collectively, the "Project"). 2. Adopt a resolution. CITY COUNCIL MINUTES 27 JUNE 7, 2016 RESOLUTION NO. 2016-037 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT OF $19,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN FACILITIES FOR THE BENEFIT OF NOVA ACADEMY CHILDREN'S FOUNDATION OR AN AFFILIATE THEREOF MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 75B. PUBLIC HEARING - ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ORANGE COUNTY SCHOOL OF THE ARTS - {STRATEGIC PLAN NO. 2, 4) - Community Development Agency Legal Notice published in the Orange County Register on May 24, 2016. Mayor Pulido opened the Public Hearing; there were no speakers and Hearing closed. MOTION: 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) hearing in consideration of issuance of tax-exempt obligations by the California Enterprise Development Authority for the purpose of financing and refinancing school facilities located at 800 North Bush Street, 801 North Main Street, 902 North Main Street, 906 North Main Street, 1000 North Main Street, 1010 North Main Street, 1018 North Main Street, 1104 North Main Street, 1107 North Main Street, 1110 North Main Street, 123 East 11th Street, 900 North Sycamore Street, 912 North Sycamore Street, 921 North Sycamore Street, 839 North Broadway, 843 North Broadway, 845 North Broadway, 915 North Broadway, 919 North Broadway, 201 West Washington Avenue, and 207 West Washington Avenue, Santa Ana, California for the benefit of Orange County School of the Arts, The Legacy Fund and/or The Opus Fund, LLC. 2. Adopt a resolution. CITY COUNCIL MINUTES 28 JUNE 7, 2016 RESOLUTION NO. 2016-038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF TAX- EXEMPT OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,000,000 TO FINANCE AND REFINANCE VARIOUS SCHOOL FACILITIES OWNED BY ORANGE COUNTY SCHOOL OF THE ARTS, THE LEGACY FUND, AND/OR THE OPUS FUND, LLC MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 75C. PUBLIC HEARING - ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ORANGEWOOD REAL PROPERTY AND SAMUEL[ ACADEMY {STRATEGIC PLAN NO. 2, 41 - Community Development Agency Legal Notice published in the Orange County Register on May 24, 2016. Mayor Pulido opened the Public Hearing; there were no speakers and Hearing closed. MOTION: 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) hearing in consideration of issuance of tax-exempt obligations by the California Enterprise Development Authority for the purpose of financing and refinancing educational and related facilities located at 1901 and 1919 North Fairview Street, Santa Ana, California, for the benefit of Orangewood Real Property, LLC and Samueli Academy. 2. Adopt a resolution. RESOLUTION NO. 2016-039 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF TAX- EXEMPT OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,750,000 TO FINANCE AND REFINANCE VARIOUS SCHOOL FACILITIES OWNED BY ORANGEWOOD REAL PROPERTY, LLC CITY COUNCIL MINUTES 29 JUNE 7, 2016 MOTION: Benavides SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 75D. PUBLIC HEARING - ORDINANCE REGARDING CODE ENFORCEMENT CITATION AUTHORITY (STRATEGIC PLAN NOS. 1, 3, 4, 5) - Planning and Building Agency Legal Notice published in the Orange County Reporter on May 27, 2016. Mayor Pulido opened the Public Hearing; there were no speakers and Hearing closed. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2901 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING CODE ENFORCEMENT CITATIONS. MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 75E. PUBLIC HEARING — URBAN WATER MANAGEMENT PLAN [NON -GENERAL FUND] (STRATEGIC PLAN NOS. 5, 2 & 6, 1) - Public Works Agency Legal Notice published in the Orange County Reporter on May 20, 2016 and May 27, 2016. Mayor Pulido opened the Public Hearing; there we no speakers and Hearing closed. MOTION: Adopt a resolution. CITY COUNCIL MINUTES 30 JUNE 7, 2016 RESOLUTION NO. 2016-040 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE 2015 URBAN WATER MANAGEMENT PLAN FOR THE CITY OF SANTA ANA MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: EMERGENCY ORDINANCE SECOND: Tinajero Amezcua, Benavides, Pulido, Reyna, Tinajero (5) None (0) None (0) Martinez, Sarmiento (2) 50A. AGENDA ITEM RECONSIDERED (See Page 25 for details) • Councilmember Tinajero, left at 8:47 p.m. and did not return. CITY COUNCIL RECESSED AT 8:47 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED THE CITY COUNCIL MEETING AT 8:49 P.M. WITH SAME MEMBERS PRESENT. COMMENTS PUBLIC COMMENTS (NON-AGENDIZED ITEMS) • Robert Flournoy, spoke of efforts to fight hunger and acknowledged organizations that have assisted. 90A. CITY MANAGER'S COMMENTS • City Manager Cavazos, commented on success of Police Department Open House CITY COUNCIL MINUTES 31 JUNE 7, 2016 AGENDA ITEMS CONSIDERED OUT OF ORDER MOTION; Approve Agenda Item Nos. 55B, 55C, 55D, 55F, 55G and 65A. MOTION: Amezcua SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Reyna (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento, Tinajero (3) 55B. RESOLUTION AMENDING MABURY PARK PERMIT PARKING DISTRICT TO INCLUDE THE GRAND SUNSHINE NEIGHBORHOOD {STRATEGIC PLAN NO. 5, 4) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2016-042 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2005-028 RELATED TO THE MABURY PARK PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING SUCH DISTRICT TO INCLUDE THE GRAND SUNSHINE NEIGHBORHOOD 55C. RESOLUTION AMENDING LOGAN PERMIT PARKING DISTRICT TC EXPAND SAID DISTRICT (STRATEGIC PLAN NO. 5, 4) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2016-043 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2006-054 RELATED TO THE LOGAN PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING SUCH DISTRICT 55D. RESOLUTION AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR BICYCLE CORRIDOR IMPROVEMENT PROGRAM GRANTS {STRATEGIC PLAN NO. 1, 3B) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2016-044 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR FUNDING FOR THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDED WITH CITY COUNCIL MINUTES 32 JUNE 7, 2016 CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING UNDER THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY AND FIXING AMERICAS SURFACE TRANSPORTATION FEDERAL TRANSPORTATION ACT 55F. RESOLUTION TO APPROVE THE RELOCATION PLAN FOR THE FIRST STREET APARTMENTS PROJECT {STRATEGIC PLAN NO 5, 3C} - Community Development Agency MOTION: Adopt a resolution. RESOLUTION NO. 2016-045 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 1440 E. FIRST STREET 55G. RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION AS A JOINT APPLICANT WITH META HOUSING CORPORATION FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM {STRATEGIC PLAN NO. 5, 3 & 61 - Community Development Agency MOTION: Adopt a resolution. RESOLUTION NO. 2016-046 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDING UNDER THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM AS JOINT APPLICANTS WITH META HOUSING CORPORATION, AND, IF AWARDED, AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH DEVELOPER UTILIZING THE GRANT FUNDS TO CONSTRUCT THE TRANSPORTATION RELATED INFRASTRUCTURE FOR THE SANTA ANA ARTS COLLECTIVE PROJECT REPORTS 65A. MATER DEI APPENDIX ANALYSIS AND UPDATE {STRATEGIC PLAN NO. NOT APPLICABLE} - City Manager's Office MOTION: Matter continued to a future meeting at the request of the applicant. CITY COUNCIL MINUTES 33 JUNE 7, 2016 COMMENTS 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Staff to prepare letter to send to Santa Ana Unified School District and have delivered to school parents before end of school year about the increased illegal fireworks fines; • Thanked staff for efforts in preparing City budget; and • Acknowledged Fire Chief Anderson for drowning prevention month. Councilmember Reyna: • Congratulated all graduates and asked that they thank those who assisted • Wished all a Happy Father's Day; • Urged all to conserve water; and • Shop Santa Ana and look forward to upcoming Shop Santa Ana video. Councilmember Benavides: • Would like staff to promote the Centennial Fireworks event in conjunction inform all about increased fines for illegal fireworks; and • Support local shops. Mayor Pulido: • Adjourned in memory of his father-in-law, Robert Saari and Amin David. ADJOURNED- 8:59 p.m. - The next meeting of the City Council is scheduled for Tuesday, June 21, 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. ADJOURN IN MEMORY OF ROBERT SAARI AND AMIN DAVID v . i,) - Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • 2016 General Election • Economic Development Strategic Plan CITY COUNCIL MINUTES 34 JUNE 7, 2016