HomeMy WebLinkAbout2014-07-15 RegularMINUTES OF THE SPECIAL AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
CALLED TO ORDER
JULY 15, 2014
SPECIAL CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
4:42 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern (4:49 p.m.)
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA (4:49 p.m.)
VINCENT F. SARMIENTO (4:43 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 4:42 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:
CITY COUNCIL MINUTES 1 JULY 15, 2014
JOINT ITEM — City of Santa Ana, Successor Agency and Housing
Authority: Peebler vs. State of California, Superior Court Case No. 34-
2012- 80001172; Court of Appeal Case No. C073698
JOINT ITEM — City of Santa Ana, Successor Agency and Housing
Authority: Cuenca vs. State
JOINT ITEM — City of Santa Ana, Successor Agency and Housing
Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34-
2013- 80001477
Gomez et al v City of Santa Ana (SAV06- 245DOC(RNBX) - (Vending
Trucks)
Hao Tran v City of Santa Ana, WCAB Case Number ADJ6519716
Gilbert Rodriquez v City of Santa Ana, WCAB Case Numbers
J7989514, 4580205 and 1843984
2. PUBLIC EMPLOYEE — ANNUAL EVALUATION OF PERFORMANCE
pursuant to Section 54957(b)(1) of the Government Code:
Title: City Manager, City Attorney, and Clerk of the Council
CLOSED SESSION REPORT — See Agenda Item 19A. for reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:11 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 JULY 15, 2014
REGULAR OPEN MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:11 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
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
MAYOR PULIDO
DAVID MITCHELL, POLICE CHAPLAIN
1. PROCLAMATION presented by MAYOR PULIDO to Mike Harrah for outstanding
business development and investment in the Santa Ana community.
2. SPECIAL INTRODUCTION by COUNCILMEMBER MARTINEZ - Ivan Pena,
Director of the California State University, Fullerton, Upward Bound Program.
3. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ
to Evangeline Gawronski and Dawn Gawronski for being active volunteers with the
Santa Ana Police Department and Community Preservation.
4. SPECIAL PRESENTATION by Orange County Vector Control - Jared Dever,
Director of Communications regarding West Nile Virus Prevention
CITY COUNCIL MINUTES 3 JULY 15, 2014
CITY COUNCIL RECESSED AT 7:12 P.M. TO THE SUCCESSOR AGENCY
MEETING FOLLOWED BY THE SANTA ANA FINANCING AUTHORITY MEETING
AND RECONVENED AT 7:13 P. M. WITH SAME MEMBERS PRESENT.
AGENDA ITEM TAKEN OUT OF ORDER
65A. SUBMISSION TO THE VOTERS AT THE NOVEMBER 4, 2014
MUNICIPAL ELECTION: PROPOSED CHARTER AMENDMENTS
REGARDING DEPARTMENT HEADS AND CIVIL SERVICE; CREATION
OF ETHICS COMMISSION, CITY COUNCIL COMPENSATION; AND
LEGAL DEFENSE FUND AND CAMPAIGN CONTRIBUTION
LIMITATIONS {STRATEGIC PLAN NO. 5, 1)
Ad Hoc Council Committee approved recommendation.
The following members from the public spoke on the matter:
Robin Cook, opined that Item 1A should be separated into 2 parts;
concerned with denial of civil service protection for Police Chief.
Mathew Southgate, commented on proposed measure to increase city
council salary, opined that proposal is 5 separate issues.
Thomas Gordon, opined that Ethics Committee already established
Measure D); opposed to relaxing the campaign contribution limits and
salary increase for City Council.
Douglas Lanphere, opposed to City Council adding another ballot
initiative on the 2014 Election ballot, not fiscally responsible.
Council discussion ensued.
Councilmember Martinez, clarified that civil service protection would be
prospective and would not impact the current police chief; total cost to
place all of the proposed initiatives on the 2014 Election ballot is
estimated at $225,000; proposals require voter approval; supports
establishment of a full -time City Council; noted that City Council salary
approved in 1952 and campaign contribution limits are inconsistent
with State restrictions (other municipalities do not have limits); also,
council benefits could be approved by ordinance and separate action.
Councilmember Benavides, noted that the 2006 Charter Review
Committee made recommendations that are part of items being
considered; salary has not been adjusted since 1952; recommended
amendments are in par with State requirements; Code of Conduct and
Ethics Committee should be an Ethics Commission; campaign limits
should be consistent with state amounts.
Councilmember Sarmiento, opined that scope of Ethics Commission
could be expanded; salary proposed is about $8,000 a year difference;
CITY COUNCIL MINUTES 4 JULY 15, 2014
existing campaign contribution limits are confusing and inconsistent
with State limits.
Mayor Pro Tern Tinajero, concerned with current campaign limit of
1,000; opined that salary adjustment needed to attract council
candidates with diverse experience; full -time city council members are
career politicians; does not support recommendations proposed.
Mayor Pulido, too many factors included in the item; not support
recommendation.
Councilmember Amezcua, thanked committee members for reviewing
matter; would support matters as separate items.
Councilmember Martinez stated that she would bring back the civil
service portion of the proposed Charter amendment at the next
meeting.
MOTION; Reject recommendations as proposed by Ad Hoc
Committee on proposed Charter Amendments.
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
AGENDA ITEM TAKEN OUT OF ORDER
SECOND: Pulido
Amezcua, Pulido, Martinez,
Sarmiento, Tinajero (6)
Benavides (1)
None (0)
None (0)
Reyna,
85A DIRECT CITY ATTORNEY TO PREPARE BALLOT MEASURE TO BAN
MEDICAL MARIJUANA COLLECTIVES AND DIRECT CITY MANAGER
TO PREPARE ENFORCEMENT PLAN INCLUDING A TASK FORCE
FOR ADOPTION WITHIN 30 DAYS (STRATEGIC PLAN NO. 5, 1) -
Councilmembers Amezcua, Martinez, and Benavides)
Carl Benninger, supports agenda item; opined that medical marijuana
should be dispensed at pharmacies; thanked City Council and
committee for successful 4th of July event.
Jacqueline Hernandez, spoke against proposed ban; City to legalize
and regulate cannabis.
CITY COUNCIL MINUTES 5 JULY 15, 2014
Nick Morrow, retired deputy sheriff, supports patient rights and use of
medical marijuana; opined that illegal dispensaries will bring cartels
and negative element; opposed to ban.
Kandice Hawes, principal officer of voter initiative that has qualified
petition for the 2014 Election; noted that at previous City Council
meeting proposal considered but not approved; opined that proposal
would confuse voters; suggested the following: ban has not worked
and would cost taxpayers money; regulation would bring revenue.
Steve McGuigan, commented that City has store retail fronts and not
medical facilities; concerned with facilities close to neighborhoods; by
having 3 measures it would dilute the vote; policies for police
enforcement is driven by the city council.
Robin Cook, supports placing on the ballot; not enough code
enforcement and police personnel to address issue.
Philip Escobedo, concerned with number of dispensaries in the City;
safety and mission of City not inline; medicinal use ok; strict
regulations need to be implemented; opined that revenue would not be
enough to address all of the negative effects in the community.
John Grace, supports regulation of dispensaries; concerned with
proposed ban; controversial item with no unanimity; safe access to
those in need.
Elisabeth Lopez, opposed to proposed ban; City resources not
available to address current dispensaries.
Guy Lopez, spoke in opposition to proposed ban; opined that City has
failed to address current ban; access should be regulated.
Rosa Maria Sanchez, noted that medical use is acceptable, but should
be sold at pharmacies.
Ernestina Lopez, concerned with number of dispensaries and ease of
access to our youth.
Monica Contreras, troubled with location and proximity of dispensaries
to Kidworks and other facilities;
Michael S. Smith, Sr., supports legalizing and regulating medical
marijuana;
Derick Wordon, member of the Committee to Support Medical
Marijuana; proposed ban would confuse voters.
Mark Wager, M.D., supports medical marijuana regulation; cannabis
able to treat addictions and other ailments.
Ernestine Latimer, consumer of medical marijuana; regulation should
be approved; opposed to ban.
Isabelle Lopez, opined that medical marijuana should have medical
prescription.
CITY COUNCIL MINUTES 6 JULY 15, 2014
Jose Leal, resident of Lacy Neighborhood, concerned with access to
children and exposure; safety forum next week where Police Chief will
address the neighborhood.
Cecilia Iglesias, opposed to medical marijuana dispensaries and close
to schools; school board collaboration between the Santa Ana Unified
School District and the City; opposed to location.
Manuela Lopez, noted that youth in danger because of access;
dispensaries should not be close to schools or youth facilities and
decision should be favorable to the youth in our community.
Tixoc Ventura, noted that ban has not been enforced since Moratorium
approved in 2007; troubled that current dispensaries in our
neighborhoods; regulate and far away from schools.
Nancy Mejia, representing Latino Health Access, commented on safety
and hours of operation, criminal activity; legalizing will send wrong
message to community; concerned with dual morality of actions by the
City Council including ABC licenses in downtown.
Aracely Robles, City should enforce ban; outside businesses moving to
City.
Sarai Arpeo, supports regulation of medical marijuana; opportunities
for our youth need to be made available; prevention services also
required.
Apolonio Cortes, strict enforcement and regulation if medical marijuana
approved; approval only for medical purposes.
Carlos Melendez, urged the City Council to make right decision.
Paul Bonyear, spoke in support of regulation of medical marijuana,
regulation needed.
Thomas Gordon, spoke in opposition to medical marijuana, 58% of 2.4
first time users are under 18 years of age; opined that dispensaries
does not sell medical marijuana; supports placing ban for voter
consideration.
Julie Stroud, opposed to having dispensaries in the City; concerned
with enforcement as it applies to graffiti, illegal dispensaries; regulation
of legal dispensaries would be difficult.
Mayor Pulido left the meeting at 8:29 p.m. and did not return.
Ms. Gwen, noted that her business complex has many dispensaries
next to her; in danger of businesses leaving the City; property owner's
rights have not been considered; image of the City would be tarnished.
Sal Hernandez, dispensaries already in our neighborhoods; ban should
be enforced.
CITY COUNCIL MINUTES 7 JULY 15, 2014
Angie Aparicio, member of Latino Health Access, empathizes with
legitimate users, but opined that Santa Ana should not be haven for
such businesses.
Rosalia Pileon, commented that by allowing dispensaries would allow
experimentation with drugs at a younger age; does not believe Santa
Ana should be first city to regulate; city should be safe and secure and
children are in safe environment.
Douglas Lanphere, commented that City has not enforced ban; voter
initiative has qualified; addition of proposed ban would place additional
financial burden on the residents;
Ramon Hernandez, concerned that marijuana is a gateway to other
drugs; also, current dispensaries in close proximity to schools.
Irma Macias, bring parks and education to our City; mobile vending
trucks are selling guns and other illegal items.
Steve Rocco, reflected on personal experience with illegal drugs and
impact to family.
David Mason, noted that matter already considered and was not
approved; access to medical marijuana needed.
Oscar Tenorio, stated that dispensaries close to neighborhood;
regulation needed.
Council discussion ensued.
Councilmember Amezcua, supports item; voters to consider matter.
MOTION: DIRECT CITY ATTORNEY TO PREPARE BALLOT
MEASURE TO BAN MEDICAL MARIJUANA COLLECTIVES AND
DIRECT CITY MANAGER TO PREPARE ENFORCEMENT PLAN
INCLUDING A TASK FORCE FOR ADOPTION WITHIN 30 DAYS.
MOTION: Amezcua SECOND: Benavides
Councilmember Benavides, noted that medical marijuana is not
banned, could be grown at home or obtained at pharmacies.
Councilmember Martinez, reflected on need to have enforcement in
place for recreational user; supports task force and appropriation of
funds to close illegal businesses; need $500,000 to $1 million to
address matter.
Councilmember Reyna, agreed that enforcement plan and financial
assistance needed; would not support moving funds from any
prevention programs.
CITY COUNCIL MINUTES 8 JULY 15, 2014
Councilmember Sarmiento, noted that ban has had enforcement
issues; resources have been allocated but not enough, finite funds
available in the general fund; committed effort to care funds needs to
take place; proposed regulation would restrict to industrial areas; noted
that today County Board of Supervisors approved funds for first
homeless shelter — balanced effort needed; regulation would bring
revenues and move away from sensitive receptors; strong enforcement
and funds needed if City bans.
Mayor Pro Tern Tinajero, supports regulating dispensaries and moving
away from schools; city proposition will remove from neighborhoods
and bring revenues; ban may win and opined that problem would
remain; as a school teacher is advocating to move away from our
residents; if City proposal wins Huffington Post of April poll noted that
65% support marijuana; precedence could be set by allowing in
industrial areas.
Councilmember Martinez, City needs to make enforcement a priority
and direct the City Manager and approve resources.
City Manager Cavazos, indicated that work -study session scheduled
for August 5;
Police Chief Rojas, vice squad needed to address drug issues (8
officers); different levels of enforcement could be implemented.
Cavazos - $1.5 million from US Marshalls met the efficiency savings;
land use enforcement would require code enforcement officers and
also attorneys.
Councilmember Benavides, need to have enforcement plan now and
not wait until November.
City Manager Cavazos, options would be provided on August 5th
Chief Rojas, regulation and enforcement issues, lack of resources in
the Planning and Building, Police Department and City Attorney
offices.
Councilmember Amezcua, supports regulation and prioritize
businesses close to school.
City Attorney Carvalho commented that businesses in close proximity
of school are in violation of state law and are a higher priority.
Councilmember Sarmiento, called for the question; thanked police
chief, code enforcement and city attorney efforts; ban that is not
funded not good policy.
Councilmember Martinez, need task force with dedicating $500,000 of
overtime to develop a plan, identify and shut down; address all the dab
bars.
CITY COUNCIL MINUTES 9 JULY 15, 2014
SUBSTITUTE MOT/ON: Direct staff to create a task force using
current resources; allocate $500,000 for overtime pay, and identify
and prioritize medical marijuana collectives operating illegally for
shut down.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Martinez, Reyna Sarmiento,
Tinajero (5)
NOES: Benavides (1)
ABSTAIN: None (0)
ABSENT: Pulido (1)
CLOSED SESSION REPORT — See Agenda Item 19A for reportable action.
PUBLIC COMMENT
Steve McGuigan, concerned that Santa Ana to be dumping ground; need to take
care of Santa Ana vision; also invited all to attend the Santa Ana Summer concert
series.
Albert Castillo, commented on Agenda Item 20A; propose that it be used for
community policing; opposed to gang injunction on Townsend.
Sam Romero, spoke in opposition to streetcar being located on 4th Street.
Gary Obergfell, Santa Ana Community Business Alliance, opposition to fixed car
guideway; members are opposed to location; also, neighborhoods have not been
notified.
Raul Yanez, submitted 85 signatures from downtown area businesses in opposition
to streetcar being located on 4th street.
Claudia Arellanes, read letter of opposition on street car project that was signed by
over 100 businesses in the downtown area.
Cynthia Perez, spoke of Harbor Corridor Plan; include Santa Anita area in decision
making; also, City to reach out to neighborhoods.
Carolyn Torres, commented on lack of funding and prevention programs; concerned
with 29 people named in Gang Injunction on Townsend and not able to attend
closed hearing.
Gaby Hernandez, noted that group organized to address gap in services and
resources; ethical obligation to address gang injunction.
CITY COUNCIL MINUTES 10 JULY 15, 2014
Teresa DeRosas, concerned with enforcement plan and funds used to address gang
injunction; opposed to Agenda Item 20A.
Alfonso Alvarez, spoke in opposition to gang injunctions and drug sales; also,
concerned with Agenda Item 20A.
James Kendricks, provided complimentary copy of Trains Magazine; supports Street
Car project, but not on 4t" Street; bicyclist have caused problems; Bristol street
landscaping not consistent; full cuts and underground of utilities needed.
Councilmember Benavides left the meeting at 10 p.m. and did not return.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31C as
recommended by staff, with the following modifications:
Addition of Closed Session action, Agenda Item 19A;
Councilmember Martinez pulled Agenda Items 20A and 25A for separate
discussion; and
Councilmember Reyna pulled Agenda Item 32A for separate discussion.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Amezcua, Martinez, Reyna, Sarmiento, Tinajero (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides, Pulido (2)
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF JULY 1, 2014
STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 11 JULY 15, 2014
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 ORDINANCES - AMENDMENTS TO EXECUTIVE
MANAGEMENT CLASSIFCIATIONS TO ADD, DELETE AND MODIFY
SELECTED JOB TITLES (STRATEGIC PLAN NO. 5, 1) - Clerk of the
Council Office
Placed on first reading at the July 1, 2014 City Council meeting and
approved by a vote of 6 -1 (Martinez dissented).
Published in the Orange County Reporter on July 5, 2014.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2869 — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SECTIONS 2 -300 AND 2 -
300.5 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING THE
TITLE OF SPECIAL ASSISTANT TO THE CITY MANAGER AND
MAKING OTHER TECHNICAL MODIFICATIONS TO THE TITLES OF
OFFICERS AND DEPARTMENT HEADS OF THE CITY
BOARDS / COMMISSIONS / COMMITTEES
13A. MINUTES FROM THE MARCH 6, 2014 AND APRIL 28, 2014 -
DEVELOPMENT AND TRANSPORTATION COUNCIL COMMITTEE
STRATEGIC PLAN NO. 5, 1) - Planning and Building Agency
MOTION: Receive and file Minutes.
13B. MINUTES FROM THE JANUARY 28, 2014 AND MARCH 31, 2014 -
PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT COUNCIL
COMMITTEE (STRATEGIC PLAN NO. 5, 1) - Police Department
MOTION: Receive and file Minutes.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION: Approve:
CITY COUNCIL MINUTES 12 JULY 15, 2014
Gilbert Rodriguez v City of Santa Ana, WCAB Case Numbers
ADJ7989514, 4580205 and 1843984 - Compromise and Release in
the amount of $95,000.00 including permanent disability and the value
of future exposure for lifetime medical care.
Hao Tran v City of Santa Ana, WCAB Case Number ADJ6519716 -
Stipulated Award with Future Medical Care in the amount of
52,670.00.
EXCUSED ABSENCES — None
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
Councilmember Martinez, asked if funds could be dedicated to Townsend
area.
Police Chief Rojas noted that supplemental law enforcement funds used
for community policing and gang suppression; helps with overtime in
controlling cruisers; if rules allow would be open to setting funds aside.
Councilmember Sarmiento, asked that as funds become available
earmark to Santa Anita and Townsend areas.
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2014 -119.- Recognize $455,029 in
the Supplemental Law Enforcement Services Fund revenue account and
appropriate same to the grant expenditure account for special
enforcement and gang detail overtime.
MOTION: Martinez
VOTE: AYES:
NOES
ABSTAIN:
CITY COUNCIL MINUTES
SECOND: Sarmiento
Amezcua, Martinez,
Tinajero (5)
None (0)
None (0)
13
Reyna, Sarmiento,
JULY 15, 2014
ABSENT: Benavides, Pulido (2)
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 14 -027 — UPGRADE FIRE ALARM PANEL, WARRANTY
AND SUPPORT CONTRACT (STRATEGIC PLAN NO. 6, 2) (Police
Department) - Finance & Management Services
MOTION: Award a contract to Red Hawk Fire & Security for the
purchase of an Edwards EST -3 fire alarm system upgrade and post
warranty support contract, in an amount not to exceed $118,100,
subject to non- substantive changes approved by the City Manager
and City Attorney.
AGREEMENTS
Councilmember Martinez highlighted action as means to being efficient
and moving in the right direction.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute agreements in an aggregate amount not to exceed $500,000
for a period of three years, subject to non - substantive changes
approved by the City Manager and City Attorney.
AGMT NO. 2014 -167 - With Scott Fazekas & Associates, Inc.,
AGMT NO. 2014 -168 - With CSG Consultants, Inc.,
AGMT NO. 2014 -169 - With Century Structural Engineering Co., Inc.,
AGMT NO. 2014 -170 - With Melad and Associates and
AGMT NO. 2014 -171 -With J Lee Engineering Inc.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Amezcua
Amezcua, Martinez,
Tinajero (5)
None (0)
None (0)
Benavides, Pulido (2)
Reyna, Sarmiento,
CITY COUNCIL MINUTES 14 JULY 15, 2014
25B. AGMT NO. 2014 -172 - ENVIRONMENTAL SERVICES FOR THE
HARBOR CORRIDOR SPECIFIC PLAN (STRATEGIC PLAN NOS. 3,2;
5, 3) - Planning and Building Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute the attached amendment to the agreement with Place Works
formerly The Planning Center) to prepare an Environmental Impact
Report (EIR) and related technical studies for the Harbor Corridor
Specific Plan for a period no longer than six months for an additional
amount of $9,950 not to exceed a total contracted amount of
162,134, subject to non - substantive changes approved by the City
Manager and City Attorney.
25C. SEXUAL ASSAULT EVIDENCE COLLECTION (STRATEGIC PLAN NO.
1, 3A) — Police Department
Continued from the July 1, 2014 City Council meeting by a vote of 6 -0
Reyna absent).
MOTION: Continue consideration of matter, per staff's request.
25D. AGMT NO. 2014 -173 - JANITORIAL MAINTENANCE SERVICES
STRATEGIC PLAN NO. 1, 3A) - Police Department
MOTION: Authorize the City Manager and the Clerk of the Council to
execute a two -year agreement, ending September 30, 2016, with
Santa Fe Building Maintenance Services, in an amount not to exceed
795,592, subject to non - substantive changes approved by the City
Manager and City Attorney.
25E. AGMT NO. 2014 -174 - CLOSED CIRCUIT TELEVISION INSPECTION
OF SANITARY SEWER SERVICES (STRATEGIC PLAN NO. 6, 1C) -
Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Houston & Harris PCS Inc., subject to
non - substantive changes approved by the City Manager and City
Attorney, for a one -year period expiring June 30, 2015, 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 term.
CITY COUNCIL MINUTES 15 JULY 15, 2014
25F AGMT NO. 2014 -175 - PURCHASE AGREEMENT OF THE PROPERTY
LOCATED AT 1315 NORTH BRISTOL STREET (APN 405 - 272 -13) FOR
BRISTOL STREET WIDENING IMPROVEMENTS (PROJECT NO.
116740 NONGENERAL 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 with Martin P. Cazarez and Sylvia Y.
Cazarez, husband and wife, as joint tenants in an amount of
390,000, subject to non - substantive changes approved by the City
Manager and City Attorney.
LAND USE MATTERS
CONDITIONAL USE PERMITIVARIANCES
31A. CONDITIONAL USE PERMIT NO, 2014 -13 TO ALLOW AN UPGRADE
FROM A TYPE 41 TO A TYPE 47 ALCOHOLIC BEVERAGE CONTROL
LICENSE AT THE MARISCOS LOS CORALES RESTAURANT AT 2629
WESTMINSTER AVENUE - MARISCOS LOS CORALES, APPLICANT
STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency
Planning Commission approved recommended action on June 23, 2014,
by a vote of 7 -0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014 -13 as conditioned.
31 B. CONDITIONAL USE PERMIT NO. 2014 -15 TO ALLOW AN UPGRADE
FROM A TYPE 41 TO A TYPE 47 ALCOHOL BEVERAGE CONTROL
LICENSE AT LAS GUERITAS RESTAURANT LOCATED AT 230 WEST
WARNER AVENUE, SUITE 107 - RAMON BAGUIO, APPLICANT
STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency
Planning Commission approved recommended action on June 23, 2014,
by a vote of 7 -0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014 -15 as conditioned.
31 C. CONDITIONAL USE PERMIT NO. 2014 -20 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BUFFALO WILD
WINGS RESTAURANT AT 3811 SOUTH BRISTOL STREET - MIKE
CITY COUNCIL MINUTES 16 JULY 15, 2014
AYAZ, APPLICANT (STRATEGIC PLAN NO. 3, 2) - Planning and
Building Agency
Planning Commission approved recommended action on June 23, 2014,
by a vote of 7 -0.
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014 -20 as conditioned..
TENTATIVE PARCEL /TRACT MAPS
Planning Commission approved recommended action on June 23, 2014,
by a vote of 7 -0.
Reyna, asked for clarification on proposed variance. Interim Planning and
Building Executive Director Haluza indicated that standard is 50 foot off
street frontage; lot was divided in 1925 and proposed 30 foot set -back; lot
is pre - existent and legally subdivided.
MOTION: Receive and file the staff report approving Variance No.
2013 -06 as conditioned, Variance No. 2013 -07 as conditioned, and
Variance No. 2014 -02 as conditioned.
MOTION: Reyna SECOND: Martinez
VOTE: AYES: Amezcua, Martinez, Reyna, Sarmiento,
Tinajero (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides, Pulido (2)
END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
CITY COUNCIL MINUTES 17 JULY 15, 2014
65A. AGENDA ITEM TAKEN OUT OF ORDER
JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY
80A. RESOLUTIONS EXECUTING AGREEMENTS AND FINANCING
DOCUMENTS RELATED TO REFINANCING THE 2004 WATER
SYSTEM BONDS {STRATEGIC PLAN NO. 4, 2D} - Finance &
Management Services
MOTION: Adopt a resolution.
RESOLUTION NO. 2014 -048 - RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTION AND
DELIVERY BY THE CITY OF A MASTER INSTALLMENT PURCHASE
AGREEMENT, A FIRST SUPPLEMENT TO MASTER INSTALLMENT
PURCHASE AGREEMENT, AN ESCROW AGREEMENT, A
CONTINUING DISCLOSURE CERTIFICATE AND A PURCHASE
CONTRACT IN CONNECTION WITH THE ISSUANCE OF SANTA ANA
FINANCING AUTHORITY WATER REVENUE REFUNDING BONDS,
SERIES 2014 (PAYABLE SOLELY FROM INSTALLMENT PAYMENTS
SECURED BY WATER SYSTEM NET REVENUES), APPROVING THE
ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED $17,000,000 AUTHORIZING THE
DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH
THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING
THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES
AND RELATED ACTIONS
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Martinez, Reyna, Sarmiento,
Tinajero (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Benavides, Pulido (2)
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.
CITY COUNCIL MINUTES 18 JULY 15, 2014
85A AGENDA ITEM TAKEN OUT OF ORDER
WORK STUDY SESSION
WS. BRIEFING ON THE CITY'S MOBILE VENDING POLICIES (STRATEGIC
PLAN NOS. 1; 5, 4) — Planning Building Agency
Presentation by Interim Executive Director of Planning and Building, Karen
Haluza
Types of Vending Vehicles
Catering Vehicles
Sells hot and prepared foods.
Currently 105 catering vehicles with active business licenses.
Produce Vehicles
Sells vegetables, fruit, candy, milk, etc.
Currently 120 produce vehicles with active business licenses.
Mobile Vending Positives
Provides access to food and other convenience items in dense
neighborhoods
Easily accessible to those without transportation
Sometimes extend credit for purchases
Can act as "eyes on the street" due to their continual presence
Legislative History
1994 — City adopted ordinance to regulate mobile vending
1997 — Court injunction to cease enforcement of the regulations
2004/05 — City adopted new regulations
2006 — Ordinance challenged in both State and Federal Court
Legislative History
State Superior Court issued injunction to cease enforcement of:
Hours of operation
Requirement to move every 90 minutes
Revocation of City permits
Federal District Court issued a Temporary Restraining Order
prohibiting enforcement of all aspects of the ordinance.
Common Concerns: Neighborhood Quality of Life
Concentration of vending vehicles on neighborhood streets
Loud noise
Damage to parkways
Overnight parking in residential zones
Vehicles not returning to commissaries
CITY COUNCIL MINUTES 19 JULY 15, 2014
Vendors taking up limited parking spaces
Late night operation
Common Concerns: Public Health
Don't provide enough healthy food choices
Sales of single cigarettes, fireworks, toy weapons
Trash and litter accumulation
Public urination
Failure to comply with Orange County Health standards
Common Concerns: Public Safety
Parking too close to intersections and driveways — blocks visibility at
crosswalks and sidewalks
Mid -block pedestrian crossings to reach trucks
Tables and chairs blocking sidewalks or set up in the road
Can become targets for graffiti and gang identification
Existing Enforcement Tools Can Address:
Obstruction on parkways /sidewalks
Illegal or unsafe parking
Inoperable Vehicles
Trash
Public urination
County health standards
Business license
Graffiti
Noise
Council discussion ensued.
Councilmember Martinez asked what the priorities are for enforcement.
Councilmember Sarmiento thanked staff for status; direct staff to provide
best practices and recommendations.
Staff to bring back plan in October.
Councilmember Amezcua, opined that matter needs to be prioritized.
90A. CITY MANAGER'S COMMENTS
Parking meters installed in Downtown; and
Announced that free Wi -Fi available in Santa Ana.
CITY COUNCIL MINUTES 20 JULY 15, 2014
9013. CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
Discussed various bicyclist issues, narrow streets in downtown; need
to minimize contact with pedestrians and with other cyclist; promote
bicycling and safety.
Councilmember Amezcua:
Thanked colleagues and staff for discussing Agenda Item 85A;
Noted that all want best for Santa Ana; and
Encouraged all to wear long sleeves and check property for stale water
vigilant of West Nile Virus.
Councilmember Reyna:
Encouraged all to conserve water; r
Commented on success of 4t" of July event and thanked all for hard
work;
Remarked on William Spurgeon Award presented at tonight's meeting;
and
Hope all shop in Santa Ana.
Mayor Pro Tem Tinajero:
Thanked all speakers for coming out to address the City Council;
dialogue important;
Noted that City continues to make great strides;
Adjourned meeting in memory of Tracy Monique Linwood, Lina
Borego, and Nancy Chalmers.
ADJOURNED - 10:39 P.M. - The next meeting of the City Council is scheduled for
Monday, August 5, 2014 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
Tracy Monique Linwood,
Lina Borego, and
Nancy Chalmers
Vana
a
D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 21 JULY 15, 2014
FUTURE AGENDA ITEMS
Santa Ana Street Car Project Locally Preferred Alignment
Harbor Blvd. Mixed -Use Plan
Solar Permit Fee Waiver
Dangerous and Abandoned Buildings (2015)
Proactive Rental Enforcement Program Renewal (2015)
CITY COUNCIL MINUTES 22 JULY 15, 2014