HomeMy WebLinkAbout2017-05-02 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
MAY 2, 2017
CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:10 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:25 P.M.)
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES (5:25 P.M.)
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO (5:20 P. M.)
JUAN VILLEGAS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
ROBERT C. CORTEZ, Deputy City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:10 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:
Gary Fratus vs. City of Santa Ana; Case Nos. ADJ8268137; ADJ4023921;
ADJ1227475: ADJ2706147
CITY COUNCIL MINUTES 1 MAY 2, 2017
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Negotiator: Deputy City Manager
Terms: Conditions of potential sale.
Address of Property: Bristol Street Project Coalition Properties
1. Coalition Property: 1417 N. Bristol Street, Santa Ana, CA,
APN 405-252-17, Owners: Jesus Zambrano,
Veronica Rosales Zambrano, and Marcelino
Rosales
2. Coalition Property: 1415 N. Bristol Street, Santa Ana, CA APN
405-272-19, Owner: Robert Peter Gonzales
'Mayor Pulido abstained on matter due to a potential conflict of interest.
3. 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)
Service Employees' International Union
(SEIU) Full -Time Employees
4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the
Government Code:
Title: Interim City Manager
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:30 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 2 MAY 2, 2017
CALLED TO ORDER
ATTENDANCE
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:35 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
MICHELE MARTINEZ, Mayor Pro Tem
P. DAVID BENAVIDES
VICENTE SARMIENTO
JOSE SOLORIO
SAL TINAJERO
JUAN VILLEGAS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
ROBERT C. CORTEZ, Deputy City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
TOM JONES, POLICE CHAPLAIN
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the
leaders of the Riverview Neighborhood Association for their outstanding contributions to the
community: Matilde de Santiago -Barrows; Ana Gallardo; Jessica Mejia; and Elsie Robles.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the
Downtown Santa Ana Farmer's Market for their outstanding contributions to the community.
PROCLAMATION presented by MAYOR PRO TEM MARTINEZ recognizing National Bike
Month and CERTIFICATE OF RECOGNITION to Caltrans for Work Day event.
PROCLAMATION presented by COUNCILMEMBER VILLEGAS recognizing the Orange
County Fire Authority's Drowning Prevention campaign.
CITY COUNCIL MINUTES 3 MAY 2, 2017
CLOSED SESSION REPORT- See Item 19A for any reportable actions.
PUBLIC COMMENTS
• Albert Castillo, spoke on Agenda Item 19L, presented report from ACLU; also, spoke on
Agenda Item 25F — suggested an ad hoc committee to consider policy.
• Robert Oliver, spoke on Agenda Item 19L, supports review board.
• Jackie Cordova, spoke on Agenda Item 19L, concurred on need for an advisory board.
• Alan VanDeVort, spoke on Agenda Item 25C, concerned with limited parking in and
around proposed project site.
• Kevin A. Coleman, developer of Net Project (Agenda Item 25C), thanked staff for support
of project; look forward to augmenting amenities for the benefit of our community.
• PJ Jahangiri, favors project as proposed (Agenda Item 25C).
• Dave Elliott, representing the Santa Ana Chamber of Commerce, staunch supporter of
project and economic development opportunities such as this (Agenda Item 25C).
• Jonathan Maher, spoke on Agenda Item 25C, encourage approval of matter that will bring
jobs and much needed revenue to the City.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 31C, with the following modifications:
• Mayor Pro Tem Martinez, pulled Agenda items 19L, 20A, 20B, 25A, 25F, and 25J
for separate discussion; and dissented on Agenda Items 25H, 251;
• Mayor Pro Tem Martinez, noted that Agenda Item 11A continued to the May 16,
2017 City Council meeting and requested separate vote; and
• Councilmember Sarmiento, pulled Agenda Item 191 for comment only; and recused
himself on Agenda Items 19K and 25C due to potential conflict of interest.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Benavides, Martinez,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
Sarmiento, Solorio, Tinajero,
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent motion.
CITY COUNCIL MINUTES 4 MAY 2, 2017
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF APRIL 18, 2017 {STRATEGIC
PLAN NO. 5, 11 - Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCESISECOND 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. REGULATE MOBILE FOOD VENDING VEHICLES {STRATEGIC PLAN NO 5,
1) - Clerk of the Council Office
Placed on first reading at the March 7, 2017 City Council meeting and approved
by a vote of 5-0 (Pulido abstained and Sarmiento absent).
Published in the Orange County Reporter on March 10, 2017.
Matter continued from the March 21, 2017 City Council meeting by a vote of 5-0
(Martinez absent and Pulido abstained). Matter continued from the April 18,
2017 City Council meeting by a vote of 4-0 (Sarmiento and Tinajero absent;
Pulido abstained).
MOTION: Continue consideration of matter to the May 16, 2017 City
Council meeting at the request of staff.
MOTION: Solorio SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
11B. APPROVING AMENDMENT APPLICATION NO. 2016-05 REZONING THE
PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL
COMMERCIAL (C-2) TO LIGHT INDUSTRIAL (M-1) (AA NO. 2016-05)
{STRATEGIC PLAN NO 5, 1) - Clerk of the Council Office
CITY COUNCIL MINUTES 5 MAY 2, 2017
Placed on first reading at the April 18, 2017 City Council meeting and approved
by a vote of 5-0 (Sarmiento and Tinajero absent)
Published in the Orange County Reporter on April 28, 2017.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2915 - ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016-
05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET
FROM GENERAL COMMERCIAL (C-2) TO LIGHT INDUSTRIAL (M-1) (AA NO.
2016-05)
BOARDS / COMMISSIONS / COMMITTEES
13A. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1
REPRESENTATIVE TO THE COMMUNITY REDEVELOPMENT AND
HOUSING COMMISSION FOR A FULL-TERM EXPIRING DECEMBER 15,
2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Appoint Richard Santana to the Community Redevelopment and
Housing Commission (Ward 1 resident; replacing C. Aguinaga).
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve as follow:
• AGMT NO. 2017-107 - CONFERENCE WITH LEGAL COUNSEL --EXISTING
LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9
of the Government Code: Gary Fratus vs. City of Santa Ana; Case Nos.
ADJ8268137; ADJ4023921; ADJ1227475; ADJ2706147; Motion by
Councilmember Sarmiento, seconded by Councilmember Villegas to approve
agreement in the amount of $39,079 approved by 4-0 vote (Pulido,
Benavides and Tinajero absent)
• CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Negotiator: Deputy City Manager
Terms: Conditions of potential sale.
Address of Property: Bristol Street Project Coalition Properties
CITY COUNCIL MINUTES 6 MAY 2, 2017
Coalition Property: 1417 N. Bristol Street, Santa Ana, CA,
APN 405-252-17, Owners: Jesus Zambrano,
Veronica Rosales Zambrano, and Marcelino
Rosales
Coalition Property: 1415 N. Bristol Street, Santa Ana, CA APN
405-272-19, Owner: Robert Peter Gonzales
'City Council by 6-0 vote provided staff direction. Mayor Pulido abstained on
matter due to a potential conflict of interest.
19B. EXCUSED ABSENCES — None
19C. QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2017
{STRATEGIC PLAN NO. 4, 1 D} - Finance and Management Services
MOTION: Receive and file.
19D. QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS
ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER
SECTION 421 {STRATEGIC PLAN NO. 4, 11 - Finance and Management
Services
MOTION: Receive and file the Quarterly Report of Contracts entered into
between October 1, 2016 to March 31, 2017 valued at $25,000 and less.
19E. UPDATE ON BIKE MONTH EVENTS {STRATEGIC PLAN NO. 7, 5F} - Public
Works Agency
MOTION: Receive and file.
19F. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL
IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR APRIL 2017
{STRATEGIC PLAN NO. 5, 11 - Public Works Agency
MOTION: Receive and file.
19G. ACKNOWLEDGE AWARD BY AMERICAN SOCIETY OF CIVIL ENGINEERS
FOR BRISTOL STREET IMPROVEMENT PHASE 2 — PROJECT NO. 08-1700
{STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency
CITY COUNCIL MINUTES 7 MAY 2, 2017
MOTION: Receive and file.
19H. CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION 2017 RESOURCE
EFFICIENCY AND COMMUNITY SERVICE AWARD FOR A SUCCESSFUL
WATER CAMPAIGN AND WATER CONSERVATION OUTCOME {STRATEGIC
PLAN NO. 5, 21 - Public Works Agency
MOTION: Receive and file.
191. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND
ACTIVITIES JANUARY 2017 — MARCH 2017 {STRATEGIC PLAN NO. 5, 3) -
Community Development Agency
Community Redevelopment and Housing Commission approved recommended
action on April 26, 2017 by a vote of 5-0 (A. Cano absent).
• Councilmember Sarmiento, recommends assessing each project and
prioritizing by community benefit; individual projects compete well but with
limited tax credits available they are competing against each other; proposed
an Ad Hoc Committee to further review.
• Deputy City Manager Cortez, agreed on limited funding availability; currently
three projects competing; concurred on ad hoc committee review.
• Mayor Pro Tem Martinez, questioned policy perspective; need to evaluate
green living.
• Councilmember Solorio, agreed on adding to future agenda for discussion
MOTION: Receive and file.
19J. PARK RANGER UPDATE {STRATEGIC PLAN NO. 1, 1) - Police Department
MOTION: Receive and file.
19K. CITY OF SANTA ANA THIRD STREET AND BROADWAY DEVELOPMENT
PROJECT UPDATE {STRATEGIC PLAN NO. 3, 5A) — Planning and Building
Agency
MOTION:
Receive and file.
MOTION: Benavides SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas (5)
NOES: None (0)
CITY COUNCIL MINUTES 8 MAY 2, 2017
ABSTAINED: Sarmiento (1)
ABSENT: Pulido (1)
19L. UPDATE ON COUNCIL DIRECTION TO PROVIDE RECOMMENDATION ON
THE ESTABLISHMENT OF AN INDEPENDENT REVIEW OR CITIZEN
REVIEW BOARD TO REVIEW POLICE FORCE INCIDENTS, PROCEDURES
AND POLICIES (STRATEGIC PLAN NO. 5, 11 — City Attorney' Office
Councilmember Benavides, noted that several options provided for
consideration; suggested an Ad Hoc Committee; staff to consider Sanctuary City
Task Force as part of the discussion and options.
City Attorney Carvalho, recommended that direction be provided to the City
Manager and City Attorney's Office may provide legal implications.
Councilmember Sarmiento, appreciate information, but would like
recommendations from other jurisdictions of similar size; public to have a role.
Mayor Pro Tem Martinez, important to include community input; have reviewed
best practices as received by various agencies; supports Ad Hoc Committee to
bring about recommendations for City Council consideration.
MOTION:
1. Receive and file report.
2. Schedule matter for consideration in 45 days.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Pulido (1)
CITY COUNCIL MINUTES 9 MAY 2, 2017
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. AGREEMENT FOR GRANT FUNDED DESIGN OF PROTECTED BIKE LANES
ON SANTA ANA BOULEVARD AND 5TH STREET PROJECT 17-6880 (NON -
GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 C) - Public Works Agency
MOTION:
1. AGMT NO. 2017-108- Authorize the City Manager and Clerk of the
Council to execute an agreement with Kimley-Horn and Associates, Inc.
for a one-year term with the City option to grant up to two (2) one-year
renewals exercisable by the City Manager and the City Attorney, in an
amount not to exceed $690,000 over the life of the agreement, which
includes a 10% contingency of $63,269, 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. 2017-114 - Recognizing $740,000 of
State Active Transportation Program grant funds in the Traffic System
Management revenue account and appropriating the same to the Active
Transportation Program expenditure account.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
20B. AWARD OF CONTRACT FOR CONSTRUCTION OF GRANT -FUNDED BIKE
LANES ON CHESTNUT AVENUE AND BUSH/CYPRESS (PROJECT NO. 17-
6611) {STRATEGIC PLAN NOS. 6, 1 B & 1 G) - Public Works Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute a
construction contract with Cal -Stripe Inc., the lowest responsible
bidder, in accordance with the base bid in the amount of $84,875.40, for
CITY COUNCIL MINUTES 10 MAY 2, 2017
the term beginning upon execution of the contract and ending upon
project completion, for the Chestnut Avenue and Bush/Cypress Bike
Lanes Project, subject to non -substantive changes approved by the
City Manager and the City Attorney.
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2017 — 112 - Recognizing a grant
allocation by Orange County Partnership to Improve Community Heath in the
amount of $108,750 into the Emergency and Heath Fund expenditure
account for FY 2016-2017.
3. Approve the Project Cost Analysis for a total estimated construction
delivery cost of $108,750, which includes the contract bid amount,
administration, inspection and testing, and an authorized contingency
of $11,142.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
AGREEMENTS
SECOND: Benavides
Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Pulido (1)
25A. AGMT NO. 2017-109 - VOCATIONAL TRAINING AND WORK EXPERIENCE
PROGRAM {STRATEGIC PLAN NO. 2, 4) - Community Development Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement recognizing $2,400,000 awarded to the City of Santa Ana,
Santa Ana WORK Center by the County of Orange Social Services Agency,
effective July 1, 2017 through June 30, 2020, subject to non -substantive
changes approved by the City Manager and City Attorney.
256. AGMT NO. 2017-110 - HISTORIC PROPERTY PRESERVATION AGREEMENT
NO. 2017-08 FOR THE PROPERTY LOCATED AT 1923 NORTH WESTWOOD
AVENUE {STRATEGIC PLAN NOS. 5, 2, 3) - Planning and Building Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
the attached Mills Act agreement with the Gumm Family Trust, property
CITY COUNCIL MINUTES 11 MAY 2, 2017
owners, for the structure located at 1923 North Westwood Avenue, subject
to non -substantive changes approved by the City Manager and City
Attorney.
25C. PURCHASE AND SALE AGREEMENT FOR THE SALE OF CITY -OWNED
REAL PROPERTY AT 2129 NORTH MAIN STREET {STRATEGIC PLAN NO.
3, 3C) - Planning and Building Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute a
purchase and sale agreement with Net Development Co., for the sale of
City -owned property located at 2129 North Main Street in the amount of
$2,075,000, subject to non -substantive changes approved by the City
Manager and City Attorney.
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
'Motion failed.
SECOND: Benavides
Benavides, Martinez, Tinajero (3)
Solorio, Villegas (2)
Sarmiento (1)
Pulido (1)
Motion by Councilmember Solorio, seconded by Councilmember Villegas
to continue matter for two weeks:
MOTION: Solorio SECOND: Villegas
VOTE: AYES: Benavides, Martinez, Solorio, Villegas (4)
NOES: Tinajero (1)
ABSTAIN: Sarmiento (1)
ABSENT: Pulido (1)
25D. AGMT NO. 2017-111 - INSTALLATION, REMOVAL, AND STORAGE OF
AMERICAN FLAGS TO BE USED IN DOWNTOWN SANTA ANA {STRATEGIC
PLAN NO. 3, 4A) - Community Development Agency
MOTION: Authorize the Acting City Manager and the Clerk of the Council
to execute an agreement with Exterior Products, subject to non -
substantive changes approved by the Acting City Manager and City
CITY COUNCIL MINUTES 12 MAY 2, 2017
Attorney, in an amount not to exceed $13,200, for a term beginning May 2,
2017 through December 31, 2019.
25E. AGMT NO. 2017-112 - AMENDMENT - DOMESTIC WATER QUALITY
TESTING [NON -GENERAL FUND] {STRATEGIC PLAN NO. 5, 6D & 6F) -
Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with Clinical Laboratories of San Bernardino, increasing
the contract amount by $20,000 for lead sampling for a total amount not to
exceed $440,000, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
25F. AGMT NO. 2017-113 - BODY -WORN CAMERA EQUIPMENT, SUPPORT
SERVICES, AND THE PURCHASE OF TASER WEAPONS {STRATEGIC
PLAN NO. 1, 3A) - Police Department
• Councilmember Solorio, thanked staff for bringing this item forward; need to
continue to have discussion on matter specifically as it relates to
administrative policy on accessibility for both public and media.
• Councilmember Sarmiento, commented on the multi -layer benefits including
building trust within community and keeping officers safe.
• Acting Chief of Police Schnabl, indicated that there is an initial learning curve
and transition period; data will be uploaded and retained for a minimum of
two -years.
• Councilmember Benavides, requested information be posted on City's
website, along with frequently asked questions "FAA's".
MOTION: Authorize the City Manager and Clerk of the Council to execute
a five-year agreement, for the period of May 2, 2017 through May 1, 2022
with Taser, Inc., unless terminated earlier by either party for cause upon 30
days advance written notice if there is any material default or breach of
agreement by either party, in the amount of $1,488,424.26 (including a
$50,000 contingency), subject to non -substantive changes approved by
the City Manager and City Attorney.
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Villegas
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero, Pulido (2)
CITY COUNCIL MINUTES 13 MAY 2, 2017
25G. AGMT NO. 2017-114 - AMENDMENT - ENGINEERING DESIGN,
CONSTRUCTION SUPPORT AND PROJECT CLOSURE SERVICES
{STRATEGIC PLAN NO. 6,1 C) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to amend
agreement with Psomas, Inc., to expand the current scope of work for
engineering design in the amount of $150,000 for an additional one-year
period through September 1, 2018 so that the total sum to be expended
under the Agreement shall not exceed $325,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
25H. AGMT NO. 2017-115 - PURCHASE AGREEMENT FOR REAL PROPERTY
ACQUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 4; 2040
SOUTH BRISTOL STREET, APN 408-336-17 (PROJECT NO. 116741, NON -
GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) - Public Works
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute a
Purchase Agreement for the real property acquisition, temporary
construction easement, and goodwill (if any) with property owner, World
Oil Marketing, for a full acquisition in an amount of $610,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, Villegas
(5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Pulido (1)
251. AGMT NO. 2017-116- APPROVE TENANT -INTEREST PURCHASE
AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 4; 2231
SOUTH BRISTOL STREET, APN 015-194-36 (PROJECT NO. 116741, NON -
GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C) - Public Works
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
purchase agreement of Tenant Interest and goodwill (if any) with property
tenant Akbar Heidarinia DMD, dba South Coast Dental Group Inc. for
CITY COUNCIL MINUTES 14 MAY 2, 2017
`4.-11
Tenant Interest acquisition in the amount of $520,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, Villegas
(5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Pulido (1)
AGMT NO. 2017-117 - APPROVAL OF AGREEMENT FOR INTERIM CITY
MANAGER {STRATEGIC PLAN NO. 4, 3D) — City Manager's Office
City Attorney Carvalho, recommended that the City Council approve item and
direct staff to negotiate amendments to the agreement to allow for expedited
process; also, proposed that the City Council Adjourn said item along with the
Closed Session item on same matter to May 8th in order to reconvene and
address any pending issues, if any.
MOTION:
1. Direct and authorize the City Attorney to negotiate terms similar to
attached agreement and authorize the Mayor, City Attorney and Clerk of
the Council to execute an agreement, if terms of agreement accepted.
2. Adjourn Regular Meeting to Monday, May 8, 2017 at 12 noon for an
Adjourned Regular Meeting in the event that the Council approval or
direction is required.
MOTION: Sarmiento SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
CITY COUNCIL MINUTES 15 MAY 2, 2017
MISCELLANEOUS - BUDGET
29A. DONATION AGREEMENT TO SUPPORT THE WINDSOR NEIGHBORHOOD
ASSOCIATION FOR A FIRE ALARM INSTALLATION EVENT {STRATEGIC
PLAN NO. 5, 4} - Mayor Pulido
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Charitable Ventures of Orange County Inc. for a one-
time donation amount of $500, subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
29B. DONATION AGREEMENT TO SUPPORT THE WINDSOR VILLAGE
NEIGHBORHOOD ASSOCIATION FOR A FIRE ALARM INSTALLATION
EVENT {STRATEGIC PLAN NO. 5, 4} - Councilmember Tinajero
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Charitable Ventures of Orange County Inc. for a one-
time donation amount of $500, subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
LAND USE MATTERS
CONDITIONAL USE PERMIT/VARIANCES
31 A. CONDITIONAL USE PERMIT NO. 2017-11 TO ALLOW ANGEL PRESCHOOL
TO OPERATE A CHILD CARE FACILITY FOR 45 CHILDREN AT 918 NORTH
BEWLEY STREET - LAM NGUYEN, APPLICANT {STRATEGIC PLAN NO. 3, 21
- Planning and Building Agency
Planning Commission approved recommended action on April 10, 2017, by a
vote of 7-0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2017-11 as conditioned.
31 B. CONDITIONAL USE PERMIT NO. 2017-12 TO ALLOW FOR THE SALE OF
ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT THE
PIZZA PRESS RESTAURANT LOCATED AT 117 WEST FOURTH STREET,
UNIT 101 — KEVIN HUFFORD, APPLICANT {STRATEGIC PLAN NO. 3, 2, 4} -
Planning and Building Agency
Planning Commission approved recommended action on April 10, 2017, by a
vote of 7-0.
CITY COUNCIL MINUTES 16 MAY 2, 2017
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2017-12.
31 C. CONDITIONAL USE PERMIT NO. 2017-13 TO UPGRADE AN EXISTING ON -
PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE GREEN
PARROT VILLA LOCATED AT 2035 NORTH MAIN STREET - AARON
MONTOYA, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building
Agency
Planning Commission approved recommended action on April 10, 2017, by a
vote of 7-0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2017-13.
""END OF CONSENT CALENDAR"
CLERK OF THE COUNCIL HUIZAR ADMINISTERED OATH OF OFFICE TO RICHARD
SANTANA, COMMUNITY REDEVELOPMENT AND HOUSING COMMISSIONER
BUSINESS CALENDAR ITEMS
ORDINANCE/FIRST READING
50A. ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2,
ARTICLE IV, DIVISION 3 TO UPDATE THE CITY'S EMERGENCY SERVICES,
DISASTER PREPAREDENESS AND EMERGENCY OPERATIONS
REQUIRED BY THE STANDARDIZED EMERGENCY MANAGEMENT
SYSTEM (SEMS) AND THE NATIONAL INCIDENT MANAGEMENT SYSTEM
(NIMS) TO BE ELIGIBLE TO RCEIVE STATE AND FEDERAL EMERGENCY
MANAGEMENT AND HOMELAND SECURITY GRANTS AND STATE OR
FEDERAL REIMBURSEMENT {STRATEGIC PLAN GOAL 1, 2e} - Police
Department
MOTION: Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS -2916 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE TO UPDATE THE CITY'S EMERGENCY SERVICES
POLICIES AND PROCEDURES
CITY COUNCIL MINUTES 17 MAY 2, 2017
MOTION: Solorio
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
RESOLUTIONS
SECOND: Tinajero
Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
None (0)
None (0)
Pulido (1)
55A. ADOPT RESOLUTION REPEALING RESOLUTION 2005-051, DESIGNATING
THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE
AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY
MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING
CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS
(STRATEGIC PLAN NO. 7, 4a) - City Attorney's Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2017-016 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REPEALING RESOLUTION 2005-051,
DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE
THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY
MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING
CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS
MOTION: Tinajero SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
55B. APPROPRIATION ADJUSTMENT, RESOLUTION AND SUBMISSION OF
APPLICATION FOR STATE AND FEDERAL DISASTER REIMBURSMENT
FOR JANUARY 2017 STORM DAMAGE {STRATEGIC PLAN NO. 6: 1B and
1 F) - Police Department and Public Works Agency
CITY COUNCIL MINUTES 18 MAY 2, 2017
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2017-115 - Recognizing
approximately $431,250 in state and federal Disaster Recovery Public
Assistance funding, related to costs and damages incurred during January
2017 rainstorms and flooding, in FEMA Disaster Assistance and OES
Disaster Assistance revenue accounts, and appropriating same to
FEMA/OES Disaster Assistance expenditure accounts.
2. Adopt a resolution.
RESOLUTION NO. 2017-017 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER,
AND DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE(S) TO APPLY
FOR STATE AND FEDERAL DISASTER RECOVERY PUBLIC
ASSISTANCE FUNDING FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) AND THE CALIFORNIA OFFICE OF
EMERGENCY SERVICES (CALOES), TO EXECUTE SUCH DISASTER
RECOVERY PUBLIC ASSISTANCE FUNDING APPLICATION
DOCUMENTS AND REQUEST REIMBURSEMENT FOR COSTS AND
LOSSES INCURRED FROM JANUARY 2017 STORM DAMAGE
3. Authorize the City Manager and Director of Public Works to execute
such Disaster Recovery Public Assistance funding application
documents as may be required by the Federal Emergency Management
Agency (FEMA) and by the California Office of Emergency Services,
subject to non -substantive changes approved by the City Manager and
City Attorney.
MOTION: Tinajero SECOND: Solorio
VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero,
Villegas (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido(1)
55C. DECLARING SUPPORT FOR GRANT APPLICATION TO OC RECYCLES FOR
ORANGE COUNTY FOOD TO FAMILIES — FOOD WASTE TO ENERGY
ORGANICS RECYCLING PROGRAM {STRATEGIC PLAN NO. 5, 2) - Public
Works Agency
CITY COUNCIL MINUTES 19 MAY 2, 2017
MOTION: Adopt a resolution.
RESOLUTION NO. 2017-018 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA DECLARING SUPPORT FOR THE ORANGE
COUNTY FOOD TO FAMILIES — FOOD TO ENERGY ORGANICS RECYLING
PROGRAM
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero, Villegas
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Solorio (2)
REPORTS
65A. REVIEW AND ADOPT THE 2017 FEDERAL AND STATE LEGISLATIVE
PLATFORM (STRATEGIC PLAN NOS. 1, 2, 3, 4, 5, 6, 7) - City Manager's
Office
Matter continued from the April 18, 2017 City Council meeting by a vote of 5-0
(Sarmiento and Tinajero absent).
MOTION: Review and adopt the 2017 Federal and State Legislative
Platform.
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero, Villegas
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Solorio (2)
65B. FISCAL YEAR 2016-17 3RD QUARTER BUDGET UPDATE; AND FISCAL
YEAR 2017-18 GENERAL FUND TRIAL BUDGET AND FINANCIAL
FORECAST (STRATEGIC PLAN NO 4, 1d) - Finance and Management
Services
CITY COUNCIL MINUTES 20 MAY 2, 2017
Presenattion by Deputy City Manager Cortez
General Fund Operations
Mid -Year Review (Feb. 2017 CCMI
PROJECTED YEAR-END FY 1847
Revenues 5226.970. 5227,671,13
Fxpena�Wrea t22f,97o, Szn,esl,
Projected Net Operating Balance: ($3,179,684)
Pending items:
1) Christmas Sales
2) Additional major development
3) Additional utility usage
4) Expenditure Trends 4
3'4 Quarter
Top 6 General Fund Revenues
BUDGET TO ACTUALS
C
JULY - MARCH (75%)
Top 6
General Fund Annual
Revenues
SONS Tax
FY 16-17
Budget
516,704,
IFY
3uly
Atuals
V
26-17
- Mar.
-,09U.4LIJ
Property Tex
S33,022,
0
$21,227,97
property Tax In Uau al
VLF
530.096,
0
$14,517,07
UUT
$27,710,
O
514745,14
Busmen Ueense
$11,632,32
55,757.611
Hale! V60os Tax
$9,430,
56,317,
TotsIT9110
5151,464:
596.915.1
e
3'd Quarter General Fund Expenditures:
BUDGET TO ACTUALS
CITY COUNCIL MINUTES 21 MAY 2, 2017
LLi Year-End
General Fund Operations
PROJECTED YEAR-END FY 16-17
Projected Operating Balance: ($2,242,542)
Year -End Fiscal Management Strategies
1) Continued Department Savings
2) Reviewolf encumbrances and continuing projects
7
FY 17-18 TRIAL BUDGET
BASELINE ELEMENTS
► Recognizes full budget loss of ICE contract ($11M)
► Reduction of the Water Transfer ($2 4M)
► Graffiti Abatement Program funding of $1.2M
► Includes FY 17-18 actuarial PERS rates
PD safety - 43.106%
Fire Safety - $7 4M (UAL)
Miscellaneous - 34.106%
► Health insurance rates increase of 9% ($1.3M)
b
1kFY 17-18 TRIAL BUDGET
BASELINE ELEMENTS
► OCFA d Ambulaioly Cost Increa,
► Allocated $1 OM in matching City F unor
Hiring Grant
► Funding for City's share of Animal Shelter con,;
costs ($750K)
► Financing of 800 MHz Final Phase Backbone ($200K)
► Continue current attrition va0
► Maintain current programs anc
CITY COUNCIL MINUTES 22 MAY 2, 2017
F1 21,17 - 2018
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CITY COUNCIL MINUTES 23 MAY 2, 2017
GENERAL FUND FORECAST
FY 2016.2017 to FY 2018-2019
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LADDITIONAL IMPACT ITEMS
t)
1EI
• Enterprise Program Review
• Negotiations
• Final cost of the SEW Job Classification Study
• Additional Deferred Maintenance (Fam s V• es.a EQupn tj
• Liability Premium Increases
• Pension Stability Fund
• Fiscal Policy
is
skKEY BUDGET CHALLENGES
• Provide a balanced budget
• Continue to provide core City services
• Continue to meet City's pension obligations
• Maintain operating reserves
Explore new revenue and cost saving opportunities
16
CITY COUNCIL MINUTES 24 MAY 2, 2017
COMMUNITY BUDGET OUTREACH
EFFORTS & PRIORITIES
Key Highlights
.Conducted 13 Community Budget Outreach Meetings in various
city locations
.Received Community priorities key areas:
.Increase funding for public Safety Initiatives
.Increase investment in youth and recreation programs
.Improve traffic and pedestrian safety
wa ruuo ul.1.wnnxo auaa..n...r,caea rn,
1'
FY 17-18 BudaeUCIP Calendar — Next Steps
May 15, 2017
Review of the Fiscal Policy at the Economic Development,
Infrastructure, Budget and Technology Committee
May 10, 2017
City Manager's Proposed FY 17-18 Budget Work
Study Session; includes CIP, Miscellaneous Fees 8
Workforce Changes
June 0, 2017
First Reading: Tentative BudgoVCIP Ordinance
Adoption, Miscellaneous Fees, and Personnel Resolution
June 20, 2017
Second Reading: Final Budgel/CIP Ordinance
Adoption
July 1, 2017
Start of the new Fiscal Year
21
65C. REVISED BUDGET AND FISCAL POLICY {STRATEGIC PLAN NO 4, 1d} -
Finance and Management Services
CITY COUNCIL MINUTES 25 MAY 2, 2017
Matter continued from the April 18, 2017 City Council meeting by a vote of 5-0
(Sarmiento and Tinajero absent).
MOTION: Refer matter to the Economic Development Infrastructure,
Budget and Technology Council Committee for review, at the request of
staff.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero, Villegas
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Solorio (2)
CITY COUNCIL MEETING RECESSED AT 9:35 P.M. AND CONVENED THE HOUSING
AUTHORITY MEETING; FOLLOWED BY SUCCESSOR AGENCY MEETING AT 9:36 P.M.
P.M.; RECONVENED THE CITY COUNCIL MEETING AT 9:37 P.M. WITH SAME
MEMBERS PRESENT.
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. REVIEW ACTIONS TAKEN IN LATE 2016 AND 2017 TO ADDRESS THE
HOMELESSNESS CRISIS AND PROVIDE ADDITIONAL DIRECTION TO
STAFF — Councilmember Solorio
The following spoke on the matter: Phil Bacerra, thanked sponsor of item;
community concern and encourage the City to get in front of the matter.
Councilmember Solorio, noted homelessness is a public health crisis in Santa
Ana; City has made good progress; suggested exploring possible camp sites,
and a homeless liaison officer; possible discussion of joint enforcement between
City of Santa Ana and Sheriff Department responsibilities over Rivers and
Creeks; also, possibility of a city ordinance prohibiting the insertion of homeless
people from other cities.
Councilmember Sarmiento, highlighted the HEART Program that is nationally
recognized; thanked Mayor Pro Tem Martinez for her collaboration in
establishing homeless issue.
CITY COUNCIL MINUTES 26 MAY 2, 2017
Councilmember Villegas, indicated that shelter at the former OCTA Bus Shelter
has attracted homeless from throughout the County.
Councilmember Tinajero, opined that City needs to create policies as a solution
and not be reactive.
Councilmember Benavides, appreciates progress; need long and short term
solutions regarding shelters and collaboration with County officials.
Mayor Pro Tem Martinez, supports further discussion on coordinated efforts with
County of Orange, City of Anaheim, and City of Garden Grove.
85B. DIRECT STAFF TO CONSIDER UPDATES TO MEASURE BB, AND PROVIDE
A WORK STUDY SESSION TO THE CITY COUNCIL TO DISCUSS CURRENT
ENFORCEMENT EFFORTS AS WELL AS REVENUE GENERATING
OPPORTUNITIES — Councilmember Sarmiento and Councilmember Benavides
The following spoke on the matter:
• Robert Oliver, spoke of alleged corruption; cited initial process; urged review
of process.
• Alex Vega, supports Councilmember Villegas, need to address violence in
the city.
Councilmember Sarmiento, thanked staff for circulated presentation that was
presented at Public Safety Committee; noted that ordinance voted and approved
allowed for amendments to be considered, as needed; recommendations to be
vetted and brought to the City Council for consideration; requested timeline;
suggested WorkStudy to consider amending ordinance.
Councilmember Benavides, concurred with Councilmember Sarmiento;
mentioned Proposition 64.
Councilmember Tinajero, suggested council committee review and discuss draft
ordinance.
Councilmember Solorio, suggested that only one council committee review
matter; Public Safety Committee currently reviewing; need to meet with
stakeholder - address lighting, hours, etc. and draft ordinance.
CITY COUNCIL MINUTES 27 MAY 2, 2017
COMMENTS
PUBLIC COMMENTS (Non-agendized Item)
• MaryAnn Hare, Assistance League of Santa Ana member, spoke of homeless around the
property on First Street; request assistance in addressing rising issue.
• Peter A. Katz, acknowledged the life and accomplishments of Rene Guzman.
• Irma Macias, echoed comments by Mr. Katz.
• Ilya Tseglin, requested assistance in addressing custody of his son (who is Ward of the
State).
• Robert Tseglin, echoed comments by his father.
• Faby Jacome, Deportation Defense Officer with OC Youth United, requested support
against ISIS and release of 10 transgender woman in the Santa Ana Detention facility.
• Jacky Quijada, spoke for transgender woman (in detention facility).
• Victoria Aguilar, reiterated comments by Ms. Quijada.
• Magaly Mendez, supports transgender woman; need help.
• Alex Vega, reflected on personal beliefs.
90A. CITY MANAGER'S COMMENTS — None
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
• Acknowledged the National Forensic Association;
• Commented on service and many contributions of Rene Guzman, will
adjourn meeting in his memory; and
• Thanked staff and public.
Councilmember Villegas:
• Thanked staff for efforts.
Councilmember Solorio:
• Thanked former Acting City Manager Mouet for service and dedication to the
community.
Councilmember Benavides:
• Highlighted life and contributions of Rene Guzman; and
• Noted budget and transportation needs throughout the City.
Mayor Pro Tem Martinez:
• Spoke on gun violence prevention and innovation; and
• Requested staff assist food trucks and produce operators with health
hazards.
CITY COUNCIL MINUTES 28 MAY 2, 2017
MEETING ADJOURNED TO MONDAY, MAY 8, 2017 AT 12 NOON - 12:15 p.m.- The next
regular meeting of the City Council is scheduled for Tuesday, May 16, 2017 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
RENE D. GUZMAN
Varra D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Community Engagement Program
• Fiscal Year 2017/18 City Budget Adoption
• Labor Contracts
CITY COUNCIL MINUTES 29 MAY 2, 2017