HomeMy WebLinkAbout10A - MINUTES 7-5-16MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JULY 5, 2016
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:10 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:12 p.m.)
VICENTE SARMIENTO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
COUNCILMEMBERS Absent:
SAL TINAJERO
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:11 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. Chou v. City of Santa Ana, et al. United States Central District Court; Case
No. SA CV15 -00941
2. City of Santa Ana v. La Morenita Market; Case No. 30- 2015 - 00787412
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1 City of Santa Ana v. La Amiga Textiles; Case No. 30- 2015 - 00787432
4. Vicente Rodriguez v. City of Santa Ana; Case No. 30- 2015 - 00806655
5. 1901 First Street Owner LLC v. Tustin Unified School District, Orange
County Superior Court Case No.: 30- 2015 - 00803234- CU- WM -CJC
2. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code:
1901 First Street Owner, LLC
3. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION -
Potential Initiation of litigation pursuant to paragraph (4) of subdivision (d) of
Section 54956.9: Fifteen (15) cases.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: 1416 So. Bristol Street, Santa Ana, CA (APN #
109- 266 -17);
Address of Vinnie Tran 1113 to 1125 So. Standard Street, Santa Ana, CA
Owned Property: (APN # 011- 251 -17, -18, -19, -20, -38 and -39)
Negotiators: City Manager David Cavazos
Terms: Conditions of potential exchange.
5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: Personnel Services Executive Director, Ed Raya
Employee Organizations: Santa Ana Police Officers Association (POA)
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:15 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING.
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CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:17 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VICENTE SARMIENTO, Mayor Pro Tern
ANGELICA AMEZCUA (6:18 p.m.)
P. DAVID BENAVIDES
MICHELE MARTINEZ (6:20 p.m.)
ROMAN A. REYNA (6:18 p.m.)
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
SAL TINAJERO
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
BOB BARNETT, POLICE CHAPLAIN
• CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to
David Torres for his commitment and dedication as a Mariachi Instructor at the Delhi
Center.
• CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to
Zander Bretza, Nehemiah Jatib and Ethan Robles, Pony baseball players who
represented Santa Ana at the Pitch, Hit & Run baseball event.
• CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to
Faith Avila and Michael Miramontes for winning the Metropolitan Water District of
Southern California's "Water is Life" art contest.
• PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Senator Janet
Nguyen representative proclaiming July as Kindness Month.
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CLOSED SESSION REPORT- No reportable action.
PUBLIC COMMENTS
• Irma Jauregui, Wilshire Square representative, thanked the City Council for considering
their request for grant funding (Agenda Item 251).
• Ilya Tseglia, commented on corruption at the County of Orange.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 31 B, with the following modifications:
i Councilmember Martinez, commented on Agenda Item 19D.
MOTION: Sarmiento SECOND: Benavides
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 JUNE 21, 2016 (STRATEGIC
PLAN NO. 5, 1) — Clerk of the Council Office
MOTION: Approve minutes.
ORDINANCES /SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the
following ordinance(s) on first reading, such abstention will also be reflected in the minutes
for second reading.
11A. ORDINANCE SECOND READING: ADD SECTION 2 -111 TO THE SANTA
ANA MUNICIPAL CODE REQUIRING MAYOR AND COUNCILMEMBER
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DISQUALIFICATIONS AFTER RECEIVING A LEGAL DEFENSE FUND
CONTRIBUTION {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office
Placed on first reading at the June 21, 2016 City Council meeting and approved
by a vote of 7 -0.
Published in the Orange County Reporter on June 24, 2016.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2902 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE BY ADDING A NEW SECTION 2 -111 REQUIRING MAYOR
AND COUNCIL MEMBER DISQUALIFICATIONS AFTER RECEIVING A LEGAL
DEFENSE FUND CONTRIBUTION
11 B. ORDINANCE SECOND READING: AMENDMENT NO. 2016 -01 AND ZONING
ORDINANCE AMENDMENT NO. 2016 -01 TO AMEND CHAPTERS 22 AND 41
OF THE SANTA ANA MUNICIPAL CODE TO COMPLY WITH NEW STATE
LEGISLATION FOR MASSAGE ESTABLISHMENTS CITYWIDE {STRATEGIC
PLAN NO. 5, 11 - Clerk of the Council Office
Placed on first reading at the June 21, 2016 City Council meeting and approved
by a vote of 7 -0.
Published in the Orange County Reporter on June 24, 2016.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2903 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 22 AND CHAPTER 41 WITH
REGARD TO MASSAGE AND MASSAGE ESTABLISHMENTS
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
Legislative Committee (Cancellation) 6/22/2016
MISCELLANEOUS ADMINISTRATION
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19A. CONFIRMATION OF CLOSED SESSION ACTION(S) - NONE
19B. EXCUSED ABSENCES -- Clerk of the Council Office
MOTION: Excuse the absence of Councilmember Sal Tinajero from the
July 5, 2016 City Council Meeting.
19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL
IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR JUNE 2016
(STRATEGIC PLAN NO. 5, 1) - Public Works Agency
MOTION: Receive and file.
19D. DOWNTOWN ENHANCEMENTS AND PARKING MODERNIZATION PLAN
UPDATE {STRATEGIC PLAN NO. 3,4131 ;'City Manager's Office
Councilmember Martinez, commented that this summer the Ci!y will be installing
restrooms and facility improvements in the Downtown at 3' and Bush; LED
lighting has been completed; also, requested that Request for Proposal on
parking to be released later in the year include alternative modes of
transportation and bike infrastructure; asked about beatification of murals
services. City Manager Cavazos, noted that both local and national artist will be
considered for the murals.
MOTION: Receive and file.
BUDGETARY MATTERS
PROJECTS /CHANGE ORDERS
23A. AWARD CONTRACT FOR CONSTRUCTION OF RIVERVIEW, CABRILLO,
AND WINDSOR PARKS COURT RESURFACING (PROJECT 16 -2668)
{STRATEGIC PLAN NO. 6, 1 B) - Public Works Agency; and Parks, Recreation
and Community Services Agency
MOTION:
1. Authorize the City Manager and the Clerk of the Council to award and
execute a construction contract to Pacific Tennis Courts Inc., the
lowest responsible bidder, in accordance with the base bid plus
Additive Alternates 1 and 2 in the amount of $263,010, for the term
beginning upon execution of the contract and ending upon project
completion, for construction of the Riverview, Cabrillo, and Windsor
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Parks Court Resurfacing Project, subject to non - substantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated project delivery
cost of $315,620, which includes the contract base bid plus Additive
Alternates 1 and 2, administration, inspection, testing, and a $26,301
contingency.
AGREEMENTS
25A. AGMT NO. 2016 -174 - FISCAL YEAR 2016 -2017 SENIOR MEALS PROGRAM
(STRATEGIC PLAN NO. 5, 6E) - Parks, Recreation and Community Services
Agency; and Community Development Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Community SeniorServ, Inc. in the amount of $75,290
for a one year term to end on June 30, 2017, subject to non - substantive
changes approved by the City Manager and City Attorney.
25B. AGMT NO. 2016 -175 - SENIOR MOBILITY PROGRAM {STRATEGIC PLAN
NO. 5, 46) - Parks, Recreation and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
amendment no. 1, cooperative agreement no. C -1 -2486, with Orange
County Transportation Authority (OCTA) to extend the expiration date
from June 30, 2016 to June 30, 2021 and to modify the scope, subject to
non - substantive changes approved by the City Manager and City Attorney.
25C. AGMT NO. 2016 -176 - EXTEND THE GROUND LEASE OF THE DELHI
CENTER {STRATEGIC PLAN NO. 5, 4B) - Parks, Recreation and Community
Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with Delhi Center to extend the expiration date from
September 6, 2020 to September 6, 2040, subject to non - substantive
changes approved by the City Manager and City Attorney.
25D. AGMT NO. 2016 -177 - AMEND COOPERATIVE AGREEMENT FOR EDINGER
AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT {STRATEGIC
PLAN NO. 6, 1 B) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to amend
the cooperative agreement, C -2 -2030, with the Orange County
Transportation Authority (OCTA) extending the term by 36 months with a
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new expiration date of June 30, 2019, subject to non- substantive changes
approved by the City Manager and City Attorney.
25E. AGMT NO. 2016 -178 - ENTERTAINMENT SERVICES FOR FIESTAS SANTA
ANA {STRATEGIC PLAN NO. 5, 5C} - Parks, Recreation and Community
Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Bobby Nava Advertising and Entertainment Agency in
the amount of $36,000, beginning July 5, 2016 through September 30,
2016, subject to non - substantive changes approved by the City Manager
and City Attorney.
25F. AGMT NO. 2016 -179 - PUBLIC EDUCATION SERVICES (GRANT FUNDING)
{STRATEGIC PLAN NO. 5, 2) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with the Discovery Science Center of Orange County, for a
one -year period beginning July 6, 2016 through July 5, 2017, with two
optional one -year extensions exercisable by the City Manager and the City
Attorney, in the amount of $120,000 annually, for a total agreement amount
of $360,000, including all extensions, subject to non - substantive changes
approved by the City Manager and City Attorney.
25G. AGMT NO. 2016 -180 - COOPERATIVE AGREEMENT FOR THE SANTA ANA
DELHI DIVERSION PROJECT (NONGENERAL FUND) (PROJECT NO. 16-
6467) {STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute a
cooperative agreement, D15 -013, with the County of Orange, the
Orange County Flood Control District, the Irvine Ranch Water District,
and the cities of Newport Beach and Costa Mesa; for the term
commencing with the full execution of the agreement by all parties, and
extending twenty years from the completion of construction with
automatic ten -year renewal, thereafter; obligating the City to its share
of $1.9 million for design and construction, including an ongoing 33.93
percent share of maintenance costs for the Santa Ana Delhi Diversion
Project, subject to non - substantive changes approved by the City
Manager and City Attorney.
2. Amend the Fiscal Year 16117 Capital Improvement Plan to include the
Delhi Diversion Project and allocate $1.3 million in the Fiscal Year
2016117 Budget to fund this project.
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25H. AGMT NO. 2016 -181 - MEMORANDUM OF UNDERSTANDING TO UTILIZE
THE ALERTOC EMERGENCY MASS NOTIFICATION SYSTEM {STRATEGIC
PLAN NO. 1, 2B) - Police Department
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a five -year Memorandum of Understanding with the County of
Orange, commencing July 1, 2016, at no cost to the City, subject to non -
substantive changes approved by the City Manager and City Attorney.
251. AGMT NO. 2016 -182 - SUPPORT WILSHIRE SQUARE NEIGHBORHOOD
ASSOCIATION'S "DINNER UNDER THE STARS" EVENT {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 $1,000, subject to non - substantive changes approved by the
City Manager and the City Attorney.
25J. ARTS AND CULTURE ARTIST GRANT PROGRAM FISCAL YEAR 2016 -2017
{STRATEGIC PLAN NO. 5, 5131 - Community Development Agency
Arts and Culture Commission approved recommended action on June 16, 2016,
by a vote of 6 -0 (Alvarado absent).
RECOMMENDED ACTIONS:
1. Approve the Arts and Culture Commission recommendations for Fiscal
Year 2016 -2017 Investing in the Artist Grant Opportunity in the amount
of $70,000;
2. Authorize the City Manager and the Clerk of the Council to execute
agreements with six artists not to exceed $5,000 each and four art
organizations not to exceed $10,000 each, expiring June 30, 2017,
subject to non - substantive changes approved by the City Manager and
City Attorney.
Applicant
Project
Recommended
Funding
AGMT NO. 2016 -183
Establish seasonal community
Omar Avalos
chamber orchestra
$5,000
AGMT NO. 2016 -184
Free playwriting & theatre - making
Sara Guerrero
workshops
$5,000
AGMT NO. 2016 -185
Bookmobile to build community and
Sarah Rafael Garcia I
promote literacy
$5,000
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AGMT NO. 2016 -186
2 Free Community Art & Culture
Priscila Hernandez
Events: International Women's Day
$5,000
International Artist's Day
AGMT NO. 2016 -187
A social documentary of Santa Ana
$5,000
Federico Medina
presented in photography
AGMT NO. 2016 -188
A series of 4 large -scale woodcuts
$5,000
Victor Cruz
AGMT NO. 2016 -189
Support Noche de Altares, Santa
$10,000
Centro Cultural de
Ana's Dia de los Muertos event
Mexico
AGMT NO. 2016 -190
Artwalk: performances, interactive art
$10,000
Downtown Inc.
exhibits and art activities
AGMT NO. 2016 -191
The camp will feature a
Delhi
comprehensive art driven menu that
$10,000
participants can choose from on a
rotational basis
AGMT NO. 2016 -192
Orange County
Summer Intensive Music Camp for
$10,000
Children's Therapeutic
Santa Ana Youth
Arts Center
25K. AGMT NO. 2016 -193 — MONTHLY TRACKING AND ENGINE DIAGNOSTIC
UNIT MONITORING SERVICES {STRATEGIC PLAN NO. 6, 2) - Finance and
Management Services
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a three year agreement with USA Fleet Solutions to provide
monthly monitoring services for 105 GPS fleet tracking and engine
diagnostic units, for the period of July 1, 2016 through June 30, 2019, in an
amount not to exceed $152,265, with an option of two one -year renewals,
subject to non - substantive changes approved by the City Manager and
City Attorney.
MISCELLANEOUS - BUDGET
29A. CONTRACT AWARD TO COURTESY CHEVROLET CENTER FOR TWO MID-
SIZE TRUCKS {STRATEGIC PLAN NO. 6, 2} - Parks, Recreation and
Community Services Agency
MOTION: Authorize a one -time purchase and payment of purchase order
to Courtesy Chevrolet Center for the purchase of two Colorado pickup
trucks in an amount not to exceed $56,910, subject to non - substantive
changes approved by the City Manager and City Attorney.
LAND USE MATTERS
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CONDITIONAL USE PERMITIVARIANCES
31A. CONDITIONAL USE PERMIT NO. 2016 -20 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT EL TACO
VELOZ LOCATED AT 1730 EAST SEVENTEENTH STREET, UNIT H -
JUVENTINO GONZALEZ, APPLICANT {STRATEGIC PLAN NO. 3, 2) -
Planning and Building Agency
Planning Commission approved recommended action on June 13, 2016, by a
vote of 6 -0 (Mill absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016 -20.
31 B. CONDITIONAL USE PERMIT NO. 2016 -23 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT CLARION
INN & SUITES LOCATED AT 2620 SOUTH HOTEL TERRACE DRIVE - SHIV
TALWAR, APPLICANT (STRATEGIC PLAN NO. 3, 2) - Planning and Building
Agency
Planning Commission approved recommended action on June 13, 2016, by a
vote of 6 -0 (Mill absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2016 -23.
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. AMEND RESOLUTION NO. 94 -027 TO MEMORIALIZE CERTAIN CHANGES
TO THE PAYMENT AND REPORTING THE VALUE OF EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM {STRATEGIC PLAN NO. 7, 61 - Personnel Services
Agency
Councilmember Martinez, requested clarification on the employee's contribution
to PERS.
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Personnel Services Executive Director Ed Raya, noted that change is
considered a clean -up matter.
MOTION: Adopt a resolution.
RESOLUTION NO. 2016 -056 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 94 -027 TO
MEMORIALIZE CERTAIN CHANGES TO THE PAYMENT AND REPORTING
THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
MOTION: Martinez SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
55B. RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY
OF SANTA ANA FOR FISCAL YEAR 2016 -2017 {STRATEGIC PLAN NO. 4,
1 D} - Finance & Management Services
MOTION: Adopt a resolution.
RESOLUTION NO. 2016 -057 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF
THE CITY OF SANTA ANA FOR FISCAL YEAR 2016 -2017
MOTION: Benavides
SECOND: Sarmiento
VOTE: AYES:
Amezcua, Benavides, Pulido, Reyna, Sarmiento (5)
NOES:
Martinez (1)
ABSTAIN:
None (0)
ABSENT:
Tinajero (1)
*Mayor Pro Tern Sarmiento, abstained on Agenda Item 55C out of an abundance of caution.
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55C. RESOLUTION TO NOMINATE AND APPOINT MAYOR PRO TEM
SARMIENTO TO THE ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD
(STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2016 -058 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA, CALIFORNIA, REPEALING RESOLUTION NO.
2015 -013 AND DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO
THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna (5)
NOES: None (0)
ABSTAINED Sarmiento(1)
AND NOT
PRESENT:
ABSENT: Tinajero (1)
55D. SUBMISSION TO THE VOTERS AT THE NOVEMBER 8, 2016 MUNICIPAL
ELECTION: PROPOSED COUNCIL COMPENSATION CHARTER REFORM -
City Manager's Office
Councilmember Martinez, commented that salary is long overdue and asked
that health benefit cash -out be transparent.
Mayor Pro Tern Sarmiento, clarified that proposal is consistent with government
code; salary has not been adjusted for about 60 years; similar cities receive full -
time salary and have dedicated staff.
City Manager Cavazos, noted for the record that proposal is only for salary.
Councilmember Benavides, request staff consider other provisions of the
Charter that are also outdated.
City Manager Cavazos, supports comprehensive review of the Charter perhaps
at the next election cycle.
Councilmember Martinez, supports consideration for salary increase; concerned
that health benefits not remedied with proposal.
City Attorney Carvalho, noted that Impartial Analysis will be presented to state
the facts and Arguments in favor and opposition will be authorized.
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Clerk of the Council Huizar, reported that a calendar of deadlines for Arguments
will be prepared upon approval and noticed as required.
Councilmember Benavides, would like to consider adding stipend for serving on
regional boards and committees that is not already compensated by regional
board.
City Attorney Carvalho, noted that any additional benefits received in which
there is a cash value are not considered salary; proposal is a modest proposal
in comparison with other comparable cities; if Council request a stipend
recommends a set amount and needs to be included in the Charter.
Mayor Pro Tern Sarmiento, appreciates effort to move item forward.
Councilmember Reyna, noted that some regional boards are compensated, but
most are not.
Councilmember Martinez, stated that membership on regional boards have
proved beneficial to the City and many do not compensate.
MOTION:
1. Adopt resolutions.
A. RESOLUTION NO. 2016 -059 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
SANTA ANA ON NOVEMBER 8, 2016 FOR THE SUBMISSION TO
THE VOTERS OF A QUESTION RELATING TO THE AMENDMENT
OF THE CITY CHARTER IN REGARD TO COUNCIL
COMPENSATION REFORM
B. RESOLUTION NO. 2016 -060 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN
ARGUMENTS FOR PROPOSED AMENDMENTS TO THE SANTA
ANA CHARTER
C. RESOLUTION NO. 2016 -061 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE
LANGUAGE OF A BALLOT TITLE FOR A CITY CHARTER
AMENDMENT REGARDING COUNCIL COMPENSATION REFORM
TO BE INCLUDED ON THE BALLOT FOR THE 2016 GENERAL
ELECTION
2. Approve guidelines for preparation of arguments for or against the
proposed City Charter and Municipal Code Amendments, fix the
date for the submission of Direct Arguments and Rebuttal
CITY COUNCIL MINUTES 14 JULY 5, 2016
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Arguments, and post the notice for the argument process in
accordance with the provisions of the California State Elections
Code.
3. Authorize the City Attorney to prepare an Impartial Analysis for each
of the proposed City Charter Amendments to be submitted for
consideration by the voters.
4. Direct staff to process all other documents required to proceed with
the proposed City Charter Amendments.
MOTION: Benavides SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
REPORTS
*Mayor Pro Tern Sarmiento, abstained on Agenda Item 65A due to a campaign contribution
from an applicant.
65A. REQUEST FOR QUALIFICATIONS FOR THE THIRD AND BROADWAY
STREETS DEVELOPMENT PROJECT (STRATEGIC PLAN NO. 3, 5A) -
Planning and Building Agency
Councilmember Martinez, requested clarification from the City Attorney if she
had any conflict of interest due to campaign contriution received for her County
of Orange Board of Supervisor campaign committee account.
City Attorney Carvalho, noted that City has provisions that may disqualify
members, but it does not apply to non -City Council Committee accounts.
Councilmember Benavides, as member of the Development Council Committee
provided context and historical account on item; applicant has gone through
several steps with the City; of options presented for City Council consideration
supports option 1 which provides a draft Disposition and Development
Agreement and will enhance economic development efforts; staff has identified
28 points that could be incoporated into agreement; appoint an ad hoc
committee to meet with staff in working out the details within the next 30 days;
assure viability; Mayor Pulido seconded the motion for purposes of discussion.
CITY COUNCIL MINUTES 10 5 JULY 5, 2016
Councilmemebr Martinez, important to have community benefit in proposal
considered; include labor to offer good paying jobs; City Council has received a
request for a dog park; change culture in Downtown to support multi -modal
modes of transportation; repurpose all areas and possibly include roof -top
decks.
Mayor Pulido, supports project and ad hoc committee; clarified that Caribou
Industries is applicant considered for a Disposition and Development
Agreement.
MOTION: Approve Option 1 - Direct staff to prepare a Disposition and
Development Agreement with Caribou Industries and bring back to City
Council for consideration.
MOTION: Benavides SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna (5)
NOES: None (0)
ABSTAINED Sarmiento (1)
AND NOT
PRESENT:
ABSENT: Tinajero (1)
65B. AUTHORIZATION TO PROCEED WITH THE SUSTAINABLE MOBILITY AND
ROADWAY TRANSFORMATION (SMART) PROGRAM (NON- GENERAL
FUND) {STRATEGIC PLAN NOS. 6, 1A, 1B, 1C, 1E, 1F, 1G) - Public Works
Agency
Councilmember Martinez, thanked staff for efforts and asked for summary
report.
Public Works Executive Director Fred Mousavipour, summarzied key points in
program; important to have excellent pavement network, protect City's
investment; implement traffic safety improvements and bicycle and pedestrian
master plans in addition to ADA infrastructure.
MOTION: Authorize staff to proceed with the initial steps to implement
the Sustainable Mobility and Roadway Transformation Program and seek
services from a financial advisor to determine the necessary revenue
enhancements to complete said program.
MOTION: Martinez SECOND: Pulido
CITY COUNCIL MINUTES 16 JULY 5, 2016
1 0A -16
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
PUBLIC HEARINGS
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
None (0)
None (0)
Tinajero (1)
75A. RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF
DANGEROUS AND ABANDONED BUILDINGS {STRATEGIC PLAN NO. 5,4} -
Planning and Building Agency
Legal Notice published in the Orange County Reporter on June 24, 2016 and
notices mailed on June 23, 2016.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2016 -062 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND
DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC
NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR
SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH
THE ORANGE COUNTY RECORDER
MOTION: Amezcua
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
None (0)
None (0)
Tinajero (1)
CITY COUNCIL MINUTES 17 JULY 5, 2016
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75B. RESOLUTION AFFIRMING THE WEED ABATEMENT PUBLIC NUISANCE
REPORT FISCAL YEAR 2015 -2016 (STRATEGIC PLAN NO. 5, 4E) - Public
Works Agency
Legal Notice published in the Orange County Reporter on June 24, 2016 and
notices mailed on June 24, 2016.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2016 -063 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH
AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING
ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF
TO BE FILED WITH THE COUNTY AUDITOR ASSESSOR AND TAX
COLLECTOR
MOTION: Amezcua SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
75C. REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS
{STRATEGIC PLAN NO. 5, 61 - Public Works Agency
Legal Notice published in the Orange County Reporter on June 24, 2016.
Matter continued from the June 21, 2016 City Council meeting by a vote of 7 -0.
Mayor Pulido opened the Hearing. There were no speakers and the Hearing
closed.
MOTION: Receive and file.
MOTION: Reyna
VOTE: AYES
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
CITY COUNCIL MINUTES 18 JULY 5, 2016
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NOES:
ABSTAIN:
ABSENT
None (0)
None (0)
Tinajero (1)
RECESSED THE CITY COUNCIL MEETING AT 7:41 P.M. AND CONVENED A JOINT
SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW
INSTRUCTIONS FOR 1126 -1146 E. WASHINGTON AVE [NON- GENERAL
FUND] {STRATEGIC PLAN NO. 6, 1 C, 1 E, 1 G) - Public Works Agency
Legal Notice published in the Orange County Register on June 23, 2016 and
June 30, 2016.
The following spoke on the matter.
• Orin Williams, Superintendent of Public Facilities for the Santa Ana Unified
School District, noted the District's desire to partner with disposition of
parcels in the future.
Councilmember Benavides, commented that area in close proximity to freeway;
motion to continue matter, seconded by Councilmember Martinez,
Public Works Executive Director Mousavipour, indicated that land suitable to run
water system
City Manager Cavazos, indicated that staff will consider request.
Councilmember Martinez, need to create a process for parcels; staff to provide
background and community benefit of water wells.
MOTION: Continue consideration of matter for 90 days (October 4, 2016).
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento
(5)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 19 JULY 5, 2016
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ABSENT: Reyna, Tinajero (2)
*Councilmember Reyna, absent from dais during deliberation of matter.
RECESSED THE CITY COUNCIL MEETING AT 7:49 P.M. TO THE HOUSING AUTHORITY
MEETING; FOLLOWED BY SUCCESSOR AGENCY MEETING AT 7:50 P.M. AND
RECONVENED THE CITY COUNCIL MEETING AT 7:51 P.M. WITH SAME MEMBERS
PRESENT.
COMMENTS
PUBLIC COMMENTS
• Jamie Lopez, Mabury Park resident, urged support for ban on fireworks.
• Heather Lopez, Portolla Park resident, opined that cons outweigh the pros of having legal
fireworks; noise complaints, more officers to be visible or possibly allow high schools to
host paid event and require street clean up with funds.
• Britten Devereux, Ditmore Healthcare, spoke in support of rehabilitation centers in the
City.
• Ilya Tseglia, spoke of son's illegal confinement by the State.
• Robert Tsleglia, echoed comments by his father, Ilya.
• Rick Neidermeyer, requested an update on Dan Young Soccer field; asked why City
purchasing buying vehicles from company in San Diego; spoke of fireworks — opined that
campaign on increased fines not effective; asked why City imposes additional fees when
non - profits already pay business license and inspection fees.
• James Kendrick, spoke of increased cigarette fees; asked where are funds going; need to
promote city on ARV.
• Margaret Sharpe, presented petition fliers in support of housing for homeless.
90A. CITY MANAGER'S COMMENTS
City Manager Cavazos, provided report of activities on the Fourth of July.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Amezcua:
• Noted that 26 fines were issued for illegal fireworks; and
• Commented that Santa Ana Unified School District was going to send robo
calls on illegal fireworks; City Manager to confirm.
CITY COUNCIL MINUTES 20 JULY 5, LUlb
1 OA -20
Councilmember Reyna:
• Reported for the record that he that attended NALEO Conference in
Washington DC; important topics discussed including reentry program in
Texas that was able to close 3 correctional facilities;
• Asked all to be water wise;
• Reported that Friday will host Youth Leadership Conference at Santa Ana
Elks; and
• First Movie at the Park will take place at El Salvador Park on Saturday, July
9, 2016.
Councilmember Benavides:
• Noted that City's attempt to deter illegal fireworks was to increase fines,
could have done more including partnering with industry to spread the word;
need to provide community some relief;
• Attended NALEO Conference in Washington DC; thanked Councilmember
Martinez for her service as past President of national organization;
• Commented on history through public art and monuments — rich culture;
consider in the future with surplus funds — consider ad hoc committee to
analyze and partner with Arts and Culture Commission; and
• Encouraged all to support local economy; Shop Santa Ana!
Councilmember Martinez:
• Attended NALEO Conference in Washington DC; moderated session on
housing in America; grant funding available for retrofitting; participated in
panel on women in politics;
• Congratulated Mayor Pro Tern Sarmiento for being elected to leadership
position on NALEO board;
• Noted that many emails received on fireworks; need to have strategic plan to
address issue; consider voter approved measure and means to assist non-
profit organizations with fundraising efforts; and
• Requested update on branding and marketing efforts, General Plan Update
and community engagement strategy.
Mayor Pro Tem Sarmiento:
• Disclosed that he attended NALEO conference;
• Thanked Councilmember Martinez for her leadership on the NALEO Board;
met with Housing and Urban Development (HUD) Secretary Julian Castro;
housing critical nation -wide; City has considered incentivizing development
through in lieu fees;
• City sponsored fireworks event was success; concerned with illegal fireworks
activity; received many emails; education campaign should start earlier
including fines; surprised that item not on the Agenda for consideration; need
to consider placing item on the ballot for voters to decide;
• Look forward to serving on Orange County Fire Authority Board; and
• Thanked speaker for bringing forward homeless petition; suggested that
speaker present concept to the Orange County Board of Supervisors.
CITY COUNCIL MINUTES 21 JULY 5, 2016
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Mayor Pulido:
• Attended the US Conference of Mayors in Indianapolis; attended session on
technology that tracks sound; staff to consider technology; and
• Opined that technology may assist staff in identifying illegal fireworks;
consider more active education campaign; proactive efforts and stronger
enforcement.
ADJOURNED - 8:42 p.m. - The next regular meeting scheduled for July 19, 2016 has been
cancelled. The next meeting to be convened will be Tuesday, August 2,
2016 at 5:00 p.m. for the Closed Session Meeting immediately followed by
the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22
Civic Center Plaza, Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
• Economic Development Strategic Plan
CITY COUNCIL MINUTES 22 JULY 5, 2016
1 OA -22