HomeMy WebLinkAbout2015-09-01 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
SEPTEMBER 1, 2015
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS — None
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:06 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor (5:25 pm.)
VINCENT F. SARMIENTO, Mayor Pro Tern (5:12
P.M.)
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:06 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:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant
to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government
Code:
Peter Bollinger v. City of Santa Ana
Workers' Compensation Appeals Board case #ADJ6814911; ADJ7205471
CITY COUNCIL MINUTES 1 SEPTEMBER 1, 2015
Jeanne Mundongo-Manunga v. City of Santa Ana, et al.
United States District Court Case Number CV14-09093-AG (RZx)
Ignacio Leon v. City of Santa Ana, et al.
United States District Court Case Number CV14-00387 JLS(DFMx)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: YMCA Property
205 West Civic Center Drive
Santa Ana, CA 92701
Negotiators: City Manager, David Cavazos
Terms: Price and Terms of Property Disposition
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
Agency Negotiator: City Manager, David Cavazos
Employee Organizations: Executive Management (EM)
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 5:55 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 2 SEPTEMBER 1, 2015
REGULAR OPEN MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:59 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VINCENT F. SARMIENTO, Mayor Pro Tem
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO
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
ROGER ARAGON, POLICE CHAPLAIN
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Sergio Z. Enriquez, Police Corporal
EXCEPTIONAL SERVICE AWARD presented by MAYOR PULIDO to Paul Riorden for
his outstanding achievements and accomplishments with the Achievement Institute of
Scientific Studies.
CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Scott Baugh and
the Orange County Marathon Board for their outstanding work in organizing the OC
Marathon in Santa Ana.
CITY COUNCIL MINUTES 3 SEPTEMBER 1, 2015
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to
Richard Turner in recognition of his artistic replica of a celery stalk sculpture recognizing
Japanese farmers.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to the
following students who participated in the Chicano Latino Youth Leadership Conference:
Chelsey Martinez; Bryan Perez; Erika Garcia; Rosa Vasquez and Gabriel Pinon.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to
Susan Tuchler for her excellent service as a commissioner and leadership roles within the
City of Santa Ana.
CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report.
Ab C1YUA 11 CIVI rULLGL! VV 1 Vr VI[VCf[ IiV VIYl,16 FIV GIYVM 11 "m
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. DISCUSS MORATORIUM, POSSIBLE ACTIONS AND OPTIONS
AVAILABLE TO ADDRESS SHORT TERM RENTALS — Councilmember
Martinez
• Bruce Proctor, urged City Council to consider moratorium on vacation
rentals in residential areas.
• Mika (Meeka) Denny, representing West Floral Park Neighborhood
Association, spoke of negative impacts of short term rental, serve same
as hotels but in residential areas; concerned with noise, litter among
other issues.
• Bruce Bauer, strongly opposed to short term vacation rentals; burden on
residents.
• Barbara Bastrop, commented on neighborhood issues and impacts of
rental homes.
• Lorenzo Knapp, noted that commercial enterprise taking place in an R-1
zones, urged City Council to ban short term vacation rentals.
• Diego Matkin, spoke of recent disturbances, sense of insecurity and
diminished property values with short term rentals in residential areas.
Council discussion ensued.
Executive Director of Planning and Building, Hassan Haghani, noted that
moratorium can be drafted for City Council consideration; identified loop
holes.
CITY COUNCIL MINUTES 4 SEPTEMBER 1, 2016
Councilmember Martinez, motion to direct staff to prepare moratorium for
consideration.
Councilmember Amezcua, noted that appeal hearing held last Thursday and
waiting for hearing officer report.
City Attorney Carvalho, indicated that moratorium would apply to other
properties, but not home in question; action requires public notice for public
hearing or an emergency moratorium with final ordinance adoption 90 days
after.
Mayor Pro Tern Sarmiento, clarified that proposed ordinance will affect
future vacation home rentals; urgency ordinance will include analysis with
regulated uses for City Council to consider; need to give as much relief as
possible to West Floral Park Neighborhood.
Councilmember Martinez, noted that matter may be referred to the Planning
Commission for review.
Councilmember Tinajero, asked that matter be studied by neighborhood.
Executive Director of Planning and Building, Haghani, adoption of urgency
ordinance would allow staff to study all options including definition of short
term vacation rental which is currently 30 days.
Mayor Pulido, indicated that room rental is different than renting entire
house and would not be included; important to protect neighborhood and
find relief for residents.
City Attorney Carvalho, noted that San Diego has precedent to cite up to
$25,000 for such violations.
City Manager Cavazos, will contact homeowner of house in question.
MOTION: Direct staff to prepare urgency ordinance.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 5 SEPTEMBER 1, 2015
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 31B, with the following modifications:
• Mayor Pulido, pulled Agenda Item 11 B for separate action;
• Councilmember Martinez, voted No on Agenda Item 11A;
• Councilmember Martinez, pulled Agenda Items 20A, 25E, 25N/K and 25L for
separate action; and
• Councilmember Reyna, pulled Agenda Item 23B for separate action.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MINUTES
SECOND: Reyna
Amezcua, Benavides, Pulido, Martinez, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETINGS OF AUGUST 4 AND 18,
2015 {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: AMEND CHAPTER 36, ARTICLE VIII
OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING
METERS AND ARTICLE IV RELATING TO PARKING REGULATIONS
{STRATEGIC PLAN NO. 5, 1}
Placed on first reading at the August 4, 2015 City Council meeting and
approved by a vote of 5-1 (Martinez dissented and Pulido absent).
CITY COUNCIL MINUTES 6 SEPTEMBER 1, 2015
Published in The Notice (LASOC) on August 21, 2015.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2880 - AN ORDINANCE OF THE CITY OF SANTA
ANA AMENDING CHAPTER 36, ARTICLE VIII OF THE SANTA ANA
MUNICIPAL CODE RELATING TO PARKING METERS AND ARTICLE IV
RELATING TO PARKING REGULATIONS
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Amezcua, Benavides, Pulido, Reyna,
Sarmiento, Tinajero (6)
Martinez (1)
None (0)
None (0)
Placed on first reading at the August 4, 2015 City Council meeting and
approved by a vote of 5-0 (Martinez and Pulido absent).
Published in The Notice (LASOC) on August 21, 2015.
The following spoke on the matter:
• Larry Brose, representing the Orange County Business Council, spoke in
support of reasonable measures to improve economy.
• Mike Balsamo, Executive Director of Building Industry Association (BIA),
provided regional information on housing affordability - inclusionary
zoning not included; need to increase housing stock throughout the
County; suggested in -lieu fees be applicable for developments of up to
50 units.
• Ryan Aeh, representing City Ventures, participated in stakeholder
meetings and supported staff recommendations as proposed on August
4th; concerned with amended ordinance including increased in -lieu fees.
• Cesar Covarrubias, Executive Director of Kennedy Commission,
applauded efforts by City to have affordable housing ordinance; supports
CITY COUNCIL MINUTES 7 SEPTEMBER 1, 2015
in -lieu fee and options available to meet requirements and housing
goals.
• Marilyn Montano, reflected on shortage of rental property and need for
affordable housing.
• Julie Casterdo, supports amended ordinance and increased in -lieu fee;
proposed income levels be matched with realistic data.
• John Leehay, representing Panielian Associates, supports development
of housing, but not increase in -lieu fees; opined that cost will be shifted
to future homeowner.
Council discussion ensued
Councilmember Martinez, thanked speakers; need balance approach
between development and dignified housing; amended ordinance is
reasonable; supports ordinance as prepared by staff.
Councilmember Tinajero, recounted story of inequality in Orange County
and need to break cycle of poverty.
Councilmember Benavides, requested clarification on in -lieu fees for
projects with less than 20 units and pipeline projects.
Executive Director of Planning and Building Haghani, indicated that original
ordinance required developers to include affordable housing on -site and in -
lieu fees would only be an option for projects with more than 20 units;
proposed amended ordinance gives the developer the option of including
units on -site or paying in -lieu fees; also spoke of option to allow pipeline
projects the option to pay weighted distribution fee (mean amount of $9.35)
and could be considered for approval.
Mayor Pulido, asked if proposed in -lieu fee would double development fees;
asked for clarification of fee as it applies to development projects under 20
units; suggested increasing the trigger point to entice development; small
infill projects.
Executive Director of Planning and Building Haghani, indicated that yes
indeed the total development fee would be $13 plus $15 per square foot and
noted that trigger point was moved from 20 to 50 units.
Mayor Pro Tern Sarmiento, recounted salary and housing statistics;
reflected on overcrowded conditions and need to improve housing; noted
reason for amendments to ordinance — accomplish predictability; several
developments have materialized since 2011 approval of affordable housing;
proposed ordinance will allow 15% affordable units; City approved Housing
Element requires City to produce affordable housing; asked for staff opinion
of raising fee in -lieu fees from $5 to $15 per square foot for developments
over 21 units.
CITY COUNCIL MINUTES 8 SEPTEMBER 1, 2015
Executive Director of Planning and Building Haghani, opined that it was not
unreasonable to approve fee at $15 per foot.
Mayor Pro Tern Sarmiento, motion to approve in -lieu fee as proposed with
clarification as intended at the previous meeting which is to go from $5 to
$15 per square foot for developments over 21 units.
Executive Director of Planning and Building Haghani, corrected motion: in -
lieu fee payment option of $5/square foot for project of 20 or fewer units and
in -lieu fee option of $15/square foot for projects over 21 units and if
developer opts to pay the in -lieu fee they will no longer be beneficiary of
height and density and set -back adjustments as previously recommended
only provided if built on -site; also may adjust pipeline projects may opt to
pay $9.35 per square foot in -lieu fee (which is the weighted mean of the in -
lieu fees imposed so far by Council) or the number they have already
negotiated with Council. This would be the most fair and even handed way
to address pipeline projects. If maintain amendment may opt to rent units
instead of selling to those that do not qualify.
Mayor Pro Tern Sarmiento, approved as summarized by Executive Director.
City Attorney Carvalho, noted that due to substantive amendments City
Council may either approve ordinance as prepared by staff and included in
packet, return to the next City Council with revised 2" reading of ordinance,
or approve ordinance as prepared and bring back new ordinance with new
amendments included.
Councilmember Benavides, recommend address fee modifications tonight
and bring back new items at next meeting.
Executive Director of Planning and Building Haghani, indicated that pipeline
project issue would be one of the items included in subsequent ordinance.
Executive Director of BIA Balsamo, noted that $15 in -lieu fee is not the
highest in the County; concerned with doing away with building incentives.
Kennedy Commission Executive Director, Covarrubias, commented on need
for low and very low income housing in the community — wait time average
5-7 years.
Councilmember Benavides, thanked all for dialogue; opined that ordinance
allows for flexibility; noted that mixed used development may be impacted.
FRIENDLYAMENDED MOTION:
1. Place ordinance on second reading and adopt; and
CITY COUNCIL MINUTES 9 SEPTEMBER 1, 2015
ORDINANCE NO. NS-2881 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING
OPPORTUNITY ORDINANCE AND AMENDING THE ADAPTIVE
REUSE ORDINANCE TO EXEMPT SUCH PROJECTS FROM THE
APPLICATION OF THE HOUSING OPPORTUNITY ORDINANCE
2. Direct staff to prepared ordinance to include three issues raised
and bring back for City Council consideration at subsequent
meeting.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Martinez
Amezcua, Benavides,
Sarmiento, Tinajero (6)
Pulido (1)
None (0)
None (0)
Martinez, Reyna,
11C. ORDINANCE SECOND READING: AMEND SECTION 1-8 OF THE SANTA
ANA MUNICIPAL CODE RELATING TO MUNICIPAL CODE VIOLATIONS
AND GENERAL PENALTIES {STRATEGIC PLAN NO. 5, 1)
Placed on first reading at the August 4, 2015 City Council meeting and
approved by a vote of 4-0 (Martinez, Pulido and Tinajero absent).
Published in The Notice (LASOC) on August 21, 2015.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE N0. NS-2882 - AN ORDINANCE OF THE CITY OF SANTA
ANA AMENDING CHAPTER 1, SECTION 1-8 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO VIOLATIONS AND GENERAL
PENALTIES
11D. ORDINANCE SECOND READING: AMEND CHAPTERS 8 AND 14 OF
THE SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF
A HIGH-RISE STRUCTURE/BUILDING {STRATEGIC PLAN NO. 5, 11
Placed on first reading at the August 4, 2015 City Council meeting and
approved by a vote of 4-0 (Martinez, Pulido and Tinajero absent).
CITY COUNCIL MINUTES 10 SEPTEMBER 1, 2015
Published in The Notice (LASOC) on August 21, 2015.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2883 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF A
HIGH-RISE STRUCTURE/BUILDING
BOARDS / COMMISSIONS / COMMITTEES
13A. COUNCIL COMMITTEES — AGENDA MINUTES {STRATEGIC PLAN NO.
5, 11 - Clerk of the Council Office
MOTION: Receive and file.
Committee Name Meeting Date
Public Safety and Neighborhood Improvement August 11, 2015
Parks, Recreation, Education and Youth (PREY) August 17, 2015
SAUSD/City Council Joint Policy Committee August 24, 2015
13B. NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3
REPRESENTATIVE (ALTERNATE) TO THE YOUTH COMMISSION FOR
TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 1} -
Clerk of the Council Office
MOTION: Appoint Marlen Buitron, Ward 5 resident, (replacing J.
Madrid).
13C. NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3
REPRESENTATIVE TO THE COMMUNITY REDEVELOPMENT AND
HOUSING COMMISSION FOR TERM EXPIRING DECEMBER 13, 2016
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
MOTION: Appoint Diego Gomez, Ward 6 resident (replacing A.
Sandoval).
FINAL PARCEL MAP
17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL
PARCEL MAP NO. 2014-179 (1540 EAST WARNER AVENUE)
{STRATEGIC PLAN NO. 3, 2} — Public Works Agency
MOTION: Receive and file.
CITY COUNCIL MINUTES 11 SEPTEMBER 1, 2015
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve, as follow:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
■ Peter Bollinger v. City of Santa Ana; Workers' Compensation Appeals Board case
#ADJ6814911; ADJ7205471; settlement in the amount of right under $41,000
■ Jeanne Mundongo-Manunga v. City of Santa Ana, et al.; United States District
Court Case Number CV14-09093-AG (RZx); no reportable action
■ Ignacio Leon v. City of Santa Ana, et al.; United States District Court Case
Number CV14-00387 JLS(DFMx); settlement rejected 6-0-1 vote with Mayor Pro
Tern Sarmiento abstained out of an abundance of caution since a family member
represents plaintiff.
19B. EXCUSED ABSENCES — None
19C. 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
Agency
MOTION: Receive and file.
19D. STRATEGIC PLAN MONTHLY REPORT FOR JULY 2015 {STRATEGIC PLAN NO.
5, 11 — City Manager's Office
MOTION: Receive and file.
19E. AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR GRAFFITI
STREET CLEANING SERVICES {STRATEGIC PLAN NO. 6, 1 B} — Public Works
Agency
MOTION: Authorize the Public Works Agency to release a Request for
Proposals for Graffiti Street Cleaning Services for proactive graffiti removal
from the public right-of-way.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENT
20A. AWARD SITE LICENSE AGREEMENT TO A WHITE AND YELLOW CAB INC. FOR
TAXI SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER
{STRATEGIC PLAN NO. 3, 2C} - Public Works Agency
MOTION:
1. AGMT NO. 2015-185 - Authorize the City Manager and Clerk of the
Council to execute a one-year site license agreement with A White
CITY COUNCIL MINUTES 12 SEPTEMBER 1, 2015
and Yellow Cab Inc., to compensate the City $3,025 per month for
use of the license area, subject to non -substantive changes
approved by the City Manager and City Attorney, for taxi services at
the Santa Ana Regional Transportation Center, with three one-year
extension options exercisable by the City Manager,
2. Approve an appropriation adjustment. (Need five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2016-28 - Recognizing lease
income in the amount of $36,300 into the SARTC Concession -Taxi
Stand Revenue Account and appropriating the same amount to the
SARTC Contractual Services expenditure account.
MOTION: Martinez SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A. SPEC. NO. 15-066 - CONTRACT AWARD FOR TASER ELECTRONIC
CONTROL DEVICES & ACCESSORIES {STRATEGIC PLAN NO.1, 5} —
Finance and Management Services Agency
MOTION; Award a contract to Taser International, Inc. for the purchase
of Taser electronic control devices and accessories for a two-year
period expiring August 31, 2017, in an amount not to exceed $163,300,
with provision for three, one-year renewals exercisable by the City
Manager, subject to non -substantive changes approved by the City
Manager and City Attorney.
22B. SPEC. NO. 15-075 - CONTRACT AWARD FOR WEED ABATEMENT AND
DEBRIS REMOVAL SERVICES {STRATEGIC PLAN NO. 5, 4E} — Finance
and Management Services Agency
MOTION: Award a contract to Naranjo Landscape, Inc. for weed
abatement and debris removal services for a one-year period expiring
August 31, 2016, with provisions for three one-year renewals
exercisable by the City Manager, in an annual amount not to exceed
CITY COUNCIL MINUTES 13 SEPTEMBER 1, 2015
$212,000, subject to non -substantive changes approved by the City
Manager and the City Attorney.
PROJECTSICHANGE ORDERS
23A. AWARD CONTRACT FOR CITYWIDE CONCRETE IMPROVEMENTS
(PROJECT 166849) {STRATEGIC PLAN NOS. 6, 113, 1C & 1G) — Public
Works Agency
23B.
MOTION:
1. Reject the sole bid received on July 8, 2015, from Excel Paving
Company (EPC) in the amount of $900,000 for the construction of
the Citywide Concrete Improvements.
2. Authorize the City Manager and the Clerk of the Council to execute
a construction contract to Ruiz Concrete & Paving Inc., the lowest
responsible bidder, in accordance with the Base Bid, totaling
$607,095, for the construction of the Citywide Concrete
Improvements, subject to non -substantive changes approved by
the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated project
delivery cost of $789,155.
MOTION;
1. Authorize the City Manager and the Clerk of the Council to execute
a construction contract to Chrisp Company, the lowest responsible
bidder, in accordance with the unit bid prices, totaling $166,741.60,
for construction of the Newhope, Civic Center, and Grand Bike
Lanes, subject to non -substantive changes approved by the City
Manager and the City Attorney.
2. Approve the Cost Analysis for a total estimated project delivery
cost of $222,715.42.
MOTION: Reyna SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
(5)
CITY COUNCIL MINUTES 14 SEPTEMBER 1, 2015
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
AGREEMENTS
25A. AGMT NO. 2015-186 - RENTAL AND INSTALLATION OF TRAFFIC
CONTROL EQUIPMENT FOR VARIOUS CITY EVENTS {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 California Barricades in the amount not to
exceed $67,000, for a term through June 30, 2016, subject to non -
substantive changes approved by the City Manager and City Attorney.
25B. AGMT NO. 2015-187 - RENTAL AND INSTALLATION OF EQUIPMENT
FOR FIESTAS PATRIAS EVENT {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 Al Party in the amount of $64,192.60, which
includes a 15% contingency, for a term to end on September 30, 2015,
subject to non -substantive changes approved by the City Manager and
City Attorney.
25C. AGMT NO. 2015-188 - AMENDMENT WITH FIESTA DE CARNIVAL FOR A
FUN ZONE AREA FOR FIESTAS PATRIAS {STRATEGIC PLAN NO. 5, 5C}
— Parks, Recreation and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an amendment to the agreement with Fiesta de Carnival in
exchange for $4,200 to be provided to the City, subject to non -
substantive changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 15 SEPTEMBER 1, 2015
25D. HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC
PLAN NOS. 5, 2; 5, 3) — Planning and Building Agency
MOTION: Authorize
the City Manager and Clerk of the Council to
execute the Mills Act agreements
with the below -referenced property
owners for the identified
structures, subject to
non -substantive
changes approved by
the City Manager and City Attorney.
Property Owner s
ii Prop.
Address i
HRC Approval
Pres. Agmt.
1 House
Date I Vote
AGMT NO. 2015-189
2015-05
2118 North
7/23/15
David C. & Gloria J.
Greenleaf Street
8:0
Crockett
(Pritchard
3 House)
AGMT NO, 2015-190
... .. . ... ......
2015-06
.. ...... ..... . ...... . ... . ........... ... ....
322 West Third
......... ... . ... ......... .............
7/23/15
Phil Calhoun & Ron
I Street
8:0
Stock on behalf of
(Minter House
Beta Holdings, LLC
.... . ..................
AGMT NO. 2015-191
...... .
2015-08
.... ....
1006 North
7/23/15
Mostafa & Bahar
French Street
8:0
Klahori Matin
(Morris House)
............ .... ... . ........ ..... . ............. ....... ...... ... ..........
AGMT NO. 2015-192
...
2043 North
.........
7/23/15
Christopher & Kelly
Victoria Drive
8:0
Reinberger
(Arens House)
AGMT NO. 2015-193
2015-10
326 West
7/23/15
Gregory & Nicole
Nineteenth
8:0
Amweg
Street
(Rosenmeyer
House)
......... . .
AGMT NO. 2015-194
... . ............. ..............
2015-11
. ... .. ............................... ......... .......
1112 North
7/23/15
Ricardo Rivas
French Street
8:0
(Alexander
House)
.... ... .............. .. ..... ... ...... ........ ....... . ........
AGMT NO. 2015-195
. . . . .... .................. ...... ... .. ... ...
2015-12
........ ............. ... . . . ......... .........
2332 North
............. ...............................
7/23115
I Adam C. & Sandra E.
Heliotrope Drive
8:0
Loughlin, Trustees for
(Honer House)
Loughlin Family Trust
I AGMT NO. 2015-196
2015-13
Md North
7/23/15
Judi Bailey, Trustee
Heliotrope Drive
7:01 (Murashie
for Judi Bailey Trust
. ... . ........... ....... .
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(Bolton House)
......... . . . . ........ . . . ... ....... ................
abstained)
.. . . . ........ ................ . . .. ... .... ..............
CITY COUNCIL MINUTES 16 SEPTEMBER 1, 2015
MOTION: Continue consideration of matter to the September 15, 2015
City Council meeting.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
AMENDED MOTION: Approve and authorize the City Manager and
Clerk of the Council to execute agreements in the total aggregate
amount of $1,700,000 for a six month period or until the funds are
expended with the following vendors:
• AGMT NO. 2015-197 - The Comdyn Group, Inc.
• AGMT NO. 2015-198 - SoftMaster, Inc.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 17 SEPTEMBER 1, 2016
25G. AGMT NO. 2015-199 - SECOND AMENDMENT TO MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SANTA ANA POLICE
DEPARTMENT HOMELESS EVALUATION ASSESSMENT RESPONSE
TEAM (HEART) AND THE CITY OF SANTA ANA {STRATEGIC PLAN NO.
1, 6 and 5, 6} — Community Development Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute a second amendment to the Emergency Solutions Grant
Memorandum of Understanding with the City of Santa Ana Police
Department to extend the term of the grant until June 1, 2016, to allow
additional time to spend the Emergency Solutions Grant Homeless
Evaluation Assessment Response Team award, subject to non -
substantive changes approved by the City Manager and City Attorney.
25H. AGMT NO. 2015-200 - AMENDMENT TO AGREEMENT FOR INTERNET
INFRASTRUCTURE AND ACCESS SERVICES {STRATEGIC PLAN NO. 7,
2D} - Finance and Management Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an amendment with Cogent Communications, Inc., to exercise
an option for the third extension to the existing agreement for a term of
three years in an amount not to exceed $35,000 annually, subject to
non -substantive changes approved by the City Manager and City
Attorney.
251. AGMT NO. 2015-201 - CENTRAL SANTA ANA COMPLETE STREETS
PLAN {STRATEGIC PLAN NO. 5, 6B} — Public Works Agency
MOTTON: Authorize the City Manager and the Clerk of the Council to
execute an agreement with KTU+A, subject to non -substantive
changes approved by the City Manager and City Attorney, for a two-
year period expiring August 31, 2017, with provision for a one-year
extension exercisable by the City Manager, in a total amount not to
exceed $297,000 for the entire agreement term.
25J. AGMT NO. 2015-202 - AUTHORIZE PAYMENT TO SOUTHERN
CALIFORNIA EDISON FOR DESIGN OF UNDERGROUND UTILITIES ON
BRISTOL STREET (PROJECT NOS. 116741, 081700, & 136792) (NON
GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G } — Public Works Agency
MOTION: Authorize a one-time payment to Southern California Edison
in an amount not to exceed $36,600 for the design of underground
utilities on Bristol Street from Third Street to West Civic Center Drive,
West Civic Center Drive to West Washington Avenue, and West Warner
Avenue to West St. Andrew Place.
CITY COUNCIL MINUTES 18 SEPTEMBER 1, 2015
25K. AGMT NO. 2015-203 - COMMERCIAL/INDUSTRIAL INSPECTION &
DATABASE MANAGEMENT {STRATEGIC PLAN NO. 6, 11 — Public Works
Agency
MOTTON: Authorize the City Manager and the Clerk of the Council to
execute an agreement with Amec Foster Wheeler Environment &
Infrastructure, Inc., subject to non -substantive changes by the City
Manager and City Attorney, for a three-year term expiring August 31,
2018, with provision for two 1-year extensions exercisable by the City
Manager and the City Attorney, in an amount not to exceed $300,000
per year, for a total amount not to exceed $900,000 over the entire life
of the agreement, including any renewal period(s).
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with David Evans & Associates, Inc., subject to
non -substantive changes approved by the City Manager and City
Attorney, for a two-year period expiring August 31, 2017, with
provision for a one-year extension exercisable by the City Manager, in
a total amount not to exceed $103,540 for the entire agreement term.
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25M. AGMT NO. 2015-205 - NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) AND ENVIRONMENTAL PROGRAM
FEE STUDY {STRATEGIC PLAN NO. 5,21 — Public Works Agency
MOITON: Authorize the City Manager and the Clerk of the Council to
execute an agreement with Larry Walker Associates, subject to non -
substantive changes by the City Manager and City Attorney, for a one-
year term expiring on August 31, 2016, with provisions for one 1-year
extension exercisable by the City Manager and City Attorney, in a total
amount not to exceed $100,000 for the entire agreement term.
CITY COUNCIL MINUTES 19 SEPTEMBER 1, 2015
LAND USE MATTERS
CONDITIONAL USE PERMITS
31A. CONDITIONAL USE PERMIT NO. 2013-27 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE TACOS Y
MARISCOS EL PICANTE RESTAURANT LOCATED AT 2223 WEST FIFTH
STREET, UNITS F,G &H - CARLOS GUAMAN, APPLICANT {STRATEGIC
PLAN NO. 3, 2} — Planning and Building Agency
Planning Commission approved on August 10, 2015 by a vote of 7-0
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2013-27.
31B. CONDITIONAL USE PERMIT NO. 2015-13 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL NUEVO
ENSENADA RESTAURANT LOCATED AT 3622 WEST FIFTH STREET —
VICTOR BURROLA, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning
and Building Agency
Planning Commission approved on August 10, 2015 by a vote of 7-0
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2015-13.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. EXTENSION OF CONDITIONAL USE PERMIT NO. 2013-26 AND
VARIANCE NO. 2013-09 TO ALLOW THE CONSTRUCTION OF THE BAT
NHA BUDDHIST TEMPLE AT 803 SOUTH SULLIVAN STREET
{STRATEGIC PLAN NO. 3, 21 — Planning and Building Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2015-050 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL
USE PERMIT NO. 2013-26 AND VARIANCE NO. 2013-09 FOR ONE YEAR
FOR THE PROPERTY LOCATED AT 803 SOUTH SULLIVAN STREET
CITY COUNCIL MINUTES 20 SEPTEMBER 1, 2015
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
PUBLIC HEARINGS
SECOND: Pulido
Amezcua, Benavides, Martinez, Pulido, Reyna,
(5)
None (0)
None (0)
Sarmiento, Tinajero (2)
75A. ORDINANCE ADOPTING EXPEDITED SOLAR PERMITTING
PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS
(STRATEGIC PLAN NO. 3, 3; 5, 2) - Planning & Building Agency
Continued from the August 4, 2015 City Council by 4-0 vote (Martinez,
Pulido and Tinajero absent)
Legal notice published in The Notice (LASOC) on July 24, 2015.
Mayor Pulido opened the Hearing. There were no speakers and the
Hearing closed
MOTION; Place ordinance on first reading and authorize publication of
title.
ORDINANCE NO. NS-2884 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA
MUNICIPAL CODE REGARDING EXPEDITED PERMITTING
PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS
MOTION: Martinez SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
(5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
CITY COUNCIL MINUTES 21 SEPTEMBER 1, 2015
Councilmember Benavides left the meeting and did not return.
75B. WARNER AVENUE IMPROVEMENTS AND WIDENING PROJECT FROM
MAIN STREET TO GRAND AVENUE - RESOLUTION TO ADOPT FINAL
ENVIRONMENTAL IMPACT REPORT {STRATEGIC PLAN NO. 6, 1B & 1G}
— Public Works Agency
Legal Notice published in The Notice (LASOC) on August 21, 2015, and
notices mailed on August 20, 2015 in English and Spanish.
Mayor Pulido opened the Hearing: The following spoke on the matter:
• Mike Fernandez, concerned with relocation of parents.
• Tina Flores, noted that many residents displaced for only a mile of
improvements and at a cost of upwards of $50 million.
• Madeleine Spencer, concerned with uprooting of many residents that
have been here for over 60 years; request consideration of matter as
proposed by the Santa Ana Active Coalition.
• Kristopher Fortin, co -policy director of Santa Ana Active Coalition,
working to diversify community and transportation; submitted proposal
for the record.
The Hearing closed. Council discussion ensued
Councilmember Martinez, thanked speakers; opposed to taking 30 homes to
improve a one mile stretch on Warner Avenue.
Mayor Pro Tern Sarmiento, requested clarification on two proposals
received, need for improvements, and outreach and relocation efforts.
Executive Director of Public Works, Fred Mousavipour, noted that Wells
Fargo Bank will likely remain at location pending design; alternatives were
considered and comments provided; extensive outreach efforts in the area;
also, improvements align existing road and high traffic incidents triggered
the need for improvements.
Mayor Pulido, asked that enhancements be considered in design of left
hand turn on Warner Ave. and Halliday; also, continue to monitor increasing
traffic with the construction of Tustin Legacy project.
Councilmember Amezcua, asked if taking of north -side vs. south -side
homes were considered.
MOTION:
1. Adopt a resolution.
CITY COUNCIL MINUTES 22 SEPTEMBER 1, 2015
RESOLUTION NO. 2015-051 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT (SCH # 2012101004),
PERTAINING TO THE WARNER AVENUE IMPROVEMENT AND
WIDENING PROJECT BETWEEN MAIN STREET AND GRAND
AVENUE
2. Adopt the Findings and Statement of Overriding Considerations for
the Warner Avenue Improvements and Widening Project from Main
Street to Grand Avenue.
3. Adopt the Mitigation Monitoring and Reporting Program for the
Warner Avenue Improvements and Widening Project from Main
Street to Grand Avenue.
4. Approve the Warner Avenue Improvements and Widening Project
from Main Street to Grand Avenue.
MOTION: Pulido SECOND: Tinajero
VOTE: AYES: Amezcua, Pulido, Reyna, Sarmiento, Tinajero
(5)
NOES: Martinez (1)
ABSTAIN: None (0)
ABSENT: Benavides (1)
Councilmember Martinez left the meeting at 9:07 pm. and did not return.
Mayor Pro Tern Sarmiento left the meeting at 9:17 p.m. and did not return.
PUBLIC COMMENT
• Belen Carrillo, member of the Youth Civic Engagement - Library has voter registration
and engagement initiative.
• Javier Morales, spoke of priority to engage the youth, noted voter registration patterns.
• Ilya Tseglin, request assistance with conservatory issue.
• Robert Tseglin, expressed concern with conservatory of brother by state agency.
• David De Leon, coach of Little Pony League, encouraged joint use agreements with
the Santa Ana Unified School District.
• Connie Hamilton, invited all to upcoming Community Police Forum on September 16
at 6:45 p.m.
• Michelle Montero, spoke of personal issues.
• Salvador Sanchez, spoke in opposition to flying the Lesbian, Gay, Bi-Sexual and
Transgender flag; opined that matter should be considered by voters.
CITY COUNCIL MINUTES 23 SEPTEMBER 1, 2015
CITY COUNCIL RECESSED AT 9:30 P.M. TO THE HOUSING AUTHORITY MEETING
AND RECONVENED AT 9:31 P.M. WITH SAME MEMBERS PRESENT.
COMMENTS
90A. CITY MANAGER'S COMMENTS
f Announced and welcomed new Battalion Fire Chief Dave Anderson.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Amezcua:
• Thanked service of retiring Orange County Battalion Fire Chief Leonard;
• Thanked Parks, Public Works and Police Departments for efforts with 5K
run; and
• Wished all a great school year.
Councilmember Reyna:
• Urged all to be water wise; noted that Santa Ana has met and exceed
reduction rates set by the State;
• Applaud service by Orange County Battalion Fire Chief Leonard and
wished him well upon his retirement;
• Spoke of success of 2°d Annual 5K Run held August 29, 2015;
• Welcomed students back to school; wished teacher and staff a great
year;
• Advocated for expansion of joint use agreements;
• Appealed for all to shop Santa Ana; and
• Requested a meeting with Terry McCaul regarding the CERT program
for youth participation.
Councilmember Tinajero:
• Thanked all who participated in having a good meeting tonight;
• Asked that staff assess resources and maximize joint use agreements;
• Requested meeting with Parks Director to discuss Pony League and
Little League field allocation formula;
• Congratulated the Santa Ana Unified School District for completion of
complex; attended at Valley High School;
• Wished all a good school year;
• Reflected on many successes in the City; and
• Requested an 85A on the next City Council meeting to consider options
pertaining to the Lesbian, Gay, Bi-Sexual and Transgender flag at City
Hall.
CITY COUNCIL MINUTES 24 SEPTEMBER 1, 2016
Mayor Pulido:
• Would like staff to look into creating a Santa Ana Section of the OC
Marathon (requested during Presentations);
• Attended meeting in Sacramento representing the City regarding $40
million in transportation funds to augment $55 million from Orange
County Transportation Authority plus $144 million from Federal
Transportation Administration for the Streetcar Project; project will
improve area and economy.
ADJOURNED- 9:42 p.m. — The next meeting of the City Council is scheduled for
Tuesday, September 15, 2015 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 Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Mater Dei High School Parking Structure and School Expansion Project
• Community Engagement Plan
CITY COUNCIL MINUTES 25 SEPTEMBER 1, 2015