HomeMy WebLinkAbout10A - MINUTES 10-20-15MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
OCTOBER 20, 2015
CLOSED SESSION MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:27 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VINCENT F. SARMIENTO, Mayor Pro Tern
P. DAVID BENAVIDES (5:45 p.m.)
MICHELE MARTINEZ
ROMAN A. REYNA (5:31 p.m.)
SAL TINAJERO
COUNCILMEMBERS Absent:
ANGELICA AMEZCUA
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:27 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:
Brian Booker v. City of Santa Ana, Case No. SACV15- 00431 -DOC
(DFMx)
CITY COUNCIL MINUTES 1 OCTOBER 20, 2015
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2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6(a):
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations: Service Employees' International Union (SEIU)
Full -Time Employees
Service Employees' International Union (SEIU)
Part -Time Employees
Agency Negotiator: City Manager, David Cavazos
Employee Organizations: Executive Management (EM)
3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of
subdivision (d) of Section 54956.9 of the Government Code: - One Case
4. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to
Section 54957(b)(1) of the Government Code:
Title: Clerk of the Council
CLOSED SESSION REPORT - See Item 19A for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 6:02 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 2 OCTOBER 20, 2015
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REGULAR OPEN MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:03 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
VINCENT F. SARMIENTO, Mayor Pro Tern
ANGELICA AMEZCUA (6:44 p.m.)
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
SAL TINAJERO
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATION
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
LESLIE TELLEZ, MacARTHUR
FUNDAMENTAL INTERMEDIATE SCHOOL
JACK ABEELEN, POLICE CHAPLAIN
PROCLAMATION presented by MAYOR PRO TEM SARMIENTO to Bolivian Consul
General Marco Antonio Valverde Carrasco in recognition of Latin American Day.
CLOSED SESSION REPORT — No reportable action.
PUBLIC COMMENTS
• Alfredo Rubalcava Chief External Officer for Magnolia Science Academy, spoke on
Agenda Item 19F, expressed appreciation for moving forward with Promise Zone
designation.
• Laura Schlottman, Principal at Magnolia Science Academy, echoed comments by
Mr. Rubalcava, would like to partner with City on Promise Zone efforts; also,
indicated that they would be opening up a new school in Santa Ana in the coming
school year.
CITY COUNCIL MINUTES 3 OCTOBER 20, 2015
1 0A -3
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 31A, with the following modifications:
• Councilmember Martinez pulled Agenda Items 19E, 25G and 25H for
separate discussion; and
• Councilmember Reyna pulled Agenda Items 19F and 20B for separate
discussion.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Benavides, Pulido, Martinez, Reyna,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua(1)
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:
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 6, 2015
{STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC
PLAN NO. 5, 1) - Clerk of the Council Office
MOTION: Receive and file.
NAME MEETING DATE
Special Meeting of Code of Conduct & Ethics 10/01/2015
Special Meeting of Development & Transportation 10/14/2015
CITY COUNCIL MINUTES 4
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OCTOBER 20, 2015
13B. NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6
REPRESENTATIVE TO THE PERSONNEL BOARD FOR PARTIAL
TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 11 -
Clerk of the Council Office
MOTION: Appoint Maricela Vallejo, Ward 6 resident, to the Personnel
Board for a partial term expiring December 11, 2018 (replacing S.
Tuchler).
MISCELLANEOUS ADMINISTRATION
19A, CONFIRMATION OF CLOSED SESSION ACTION(S) — None
19B. EXCUSED ABSENCES — None
19C. STRATEGIC PLAN MONTHLY REPORT FOR SEPTEMBER 2015
{STRATEGIC PLAN NO. 5, 11 - City Manager's Office
MOTION: Receive and file.
19D. INFORMATION TECHNOLOGY STRATEGIC PLAN UPDATE
{STRATEGIC PLAN NO. 6,1I} - City Manager's Office
MOTION: Receive and file.
19E. POLICE OFFICER RECRUITING AND HIRING UPDATE {STRATEGIC
City Council thanked staff and Police Chief Rojas for recruitment efforts
and moving forward with community policing body cameras, transparency,
and accountability.
City Manager Cavazos indicated that the City has added 37 new positions
plus 10 with COPS grants in the past year.
MOTION: Receive and file.
MOTION: Martinez SECOND: Reyna
VOTE: AYES: Benavides, Pulido, Martinez, Reyna,
Sarmiento, Tinajero (6)
CITY COUNCIL MINUTES 5 OCTOBER 20, 2015
1 0A -5
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua(1)
* Councilmember Benavides, reported a conflict of interest due to proximity of residence
to area and abstained on matter.
19F. STRATEGY TO SECURE FEDERAL PROMISE ZONE DESIGNATION'
FOR SANTA ANA {STRATEGIC PLAN NO. 5, 4D} - Community
Development Agency
Councilmember Reyna, asked to be engaged in program since it was in
his Ward.
Designation advantages would include: 1) the awarding of preferences for
certain competitive federal grant programs; and 2) proposed hiring tax
credits and enhanced depreciation (tax) benefits to investors (subject to
Congressional approval). Broad objectives associated with Santa Ana's
strategy include the creation of jobs, growing the local economy,
improving education opportunities, and reducing crime.
MOTION: Receive and file.
MOTION: Reyna SECOND: Martinez
VOTE: AYES: Pulido, Martinez, Reyna, Sarmiento, Tinajero
(5)
NOES: None (0)
ABSTAIN: Benavides(1)
ABSENT: Amezcua (1)
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A. APPROPRIATION ADJUSTMENT AND PURCHASE AND SALE
AGREEMENT FOR THE SALE OF CITY -OWNED REAL PROPERTY AT
1232 AND 1244 SOUTH BRISTOL STREET, APN 109 - 421 -21 AND 22
{STRATEGIC PLAN NO. 6, 1 G; 3, 2C) - Community Development Agency
CITY COUNCIL MINUTES 6 OCTOBER 20, 2015
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MOTION:
1. AGMT NO. 2015 -225 - Authorize the City Manager and Clerk of the
Council to execute a purchase and sale agreement with Spyglass
Investment Group, in an amount of $2,000,000, subject to non -
substantive changes approved by the City Manager and City
Attorney.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2016 -048 - Recognizing
$2,000,000 in Community Development Block Grant program income
for fiscal year 2015 -16 from sale of City -owned property located at
1232 and 1244 South Bristol Street and appropriate same to
expenditure account
Councilmember Reyna asked that Santa Ana Unified School District be
engaged in the education and outreach efforts.
MOTION:
1. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2016 -040 - Recognize Office of
Traffic Safety Public Education on Bicycle Safety grant funds in an
amount of $100,000 in the OTS -PWA Traffic Safety Grants revenue
account, and appropriate the same to the OTS- Bicycle Safety PWA
expenditure account.
2. AGMT NO. 2015 -226 - Authorize the City Manager and Clerk of the
Council to execute an agreement with the State of California
Office of Traffic Safety, subject to non - substantive changes
approved by the City Manager and City Attorney, in an amount
not to exceed $100,000, for a one -year period from October 1,
2015, through September 30, 2016.
MOTION: Reyna SECOND: Benavides
VOTE: AYES: Benavides, Pulido, Martinez, Reyna,
Sarmiento, Tinajero (6)
CITY COUNCIL MINUTES 7 OCTOBER 20, 2015
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AGREEMENTS
25A.
25B.
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua(1)
SPECIAL LEGAL COUNSEL SERVICES (STRATEGIC PLAN NO. 7, 3B)
- City Attorney's Office
MOTION:
1. AGMT NO. 2015 -227 - Authorize the City Manager and the Clerk of
the Council to execute an agreement with Alvarez- Glasman &
Colvin, subject to non - substantive changes approved by the City
Manager and City Attorney, for legal services at the specified
rates in contract;
2. AGMT NO. 2015 -228 - Authorize the City Manager and the Clerk of
the Council to execute an agreement with Haight Brown &
Bonesteel, LLP, subject to non - substantive changes approved by
the City Manager and City Attorney, for legal services at the
specified rates in contract, for a three year period beginning
October 20, 2015;
3. AGMT NO. 2015 -229 - Authorize the City Manager and the Clerk of
Council to execute an agreement with Atkinson, Andelson, Loya,
Ruud & Romo, APLC, subject to non - substantive changes
approved by the City Manager and City Attorney, for legal
services at the specified rates in contract, for a three year period
beginning October 20, 2015; and
4. AGMT NO. 2015 -230 - Authorize the City Manager and the Clerk of
Council to execute an agreement with Ferguson, Praet &
Sherman, APLC, subject to non - substantive changes approved by
the City Manager and the City Attorney, for legal services at the
specified rates in contract, for a three year period beginning
October 20, 2015.
AGMT NO. 2015 -231 - SALES TAX REBATE WITH VOLVO OF ORANGE
COUNTY {STRATEGIC PLAN NO. 3, 3C} - Community Development
Agency
CITY COUNCIL MINUTES 8 OCTOBER 20, 2015
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MOTION: Authorize the City Manager and Clerk of the Council to
execute a sales tax rebate agreement with SSF, INC., doing business
as Volvo of Orange County for a 50 percent rebate of the increase in
new sales tax generated by the dealer above a base year up to total
maximum amount of $1,000,000 over a 10 -year period, subject to
non - substantive changes approved by the City Manager and City
Attorney..
25C. ACCEPTING 2015 RECOVERY ACT EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT FUNDS {STRATEGIC PLAN NO. 1, 3B)
- Police Department
MOTION:
1. Accept the 2015 Edward Byrne Memorial Justice Assistance
Grant funding in the amount of $88,392 into the Byrne Justice
Assistance revenue account and appropriate same to expenditure
account in the respective fiscal years.
2. AGMT NO. 2015 -232- Authorize the City Manager, Chief of Police,
and the Clerk of the Council to execute a three -year agreement
with the County of Orange, Sheriff's Department (DJ -BX -0226) to
transfer the 2015 Recovery Act Edward Byrne Memorial Justice
Assistance Grant Program funds in the amount of $88,392.
25D. AGMT NO. 2015 -233 — APPROVE AN EXTENSION TO THE
COOPERATIVE AGREEMENT FOR FUNDING ENVIRONMENTAL AND
TOXICS PROGRAMS FOR THE NEWPORT BAY WATERSHED
{STRATEGIC PLAN NO. 5, 21 - Public Works Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
approve Amendment No. 1 to Agreement No. D11 -066 to extend
multijurisdictional Cooperative Agreement D11 -066 for three years,
through June 30, 2018, to fund the Environmental and Toxics Total
Maximum Daily Load programs in the Newport Bay Watershed, and
commit to the same annual fair share percentage of 10.77 percent
with an annual amount not -to- exceed of $150,000.
25E. AGMT NO. 2015 -234 - PRESSURE WASHING SERVICES IN THE CIVIC
CENTER AREA {STRATEGIC PLAN NO. 6, 1B) - Parks, Recreation &
Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an amendment with Superior Property Services, increasing
the contingency by $8,250 for a total annual amount of $105,100, for
CITY COUNCIL MINUTES 9 OCTOBER 20, 2015
1 0A -9
25F
25G.
the third year period of the five -year agreement, subject to non -
substantive changes approved by the City Manager and the City
Attorney.
ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT
SERVICES {STRATEGIC PLAN NO. 6, 1 C) - Public Works Agency
MOTION: Authorize the City Manager and the Clerk of the Council to
execute agreements with following, subject to non - substantive
changes approved by the City Manager and City Attorney, for a
three -year period expiring October 20, 2018, with provisions for one
2 -year renewal option exercisable by the City Manager and City
Attorney, in an amount not to exceed $500,000 for each firm over the
entire term of the agreement, including any renewal:
• AGMT NO. 2015 -235- With Project Partners, Inc.,
• AGMT NO. 2015 -236 —With PENCO Engineering, Inc., and
• AGMT NO. 2015 -237— With CivilSource, Inc.
(PROJECT 16-
6, 161 Public
Councilmember Martinez, requested update on crash that occurred at the
corner of Myrtle Street and Flower Street on October 19, 2015.
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with Albert Grover & Associates, subject to
non - substantive changes approved by the City Manager and City
Attorney, to conduct engineering and traffic survey studies in order
to update posted speed limits, as well as follow up speed surveys, in
a total amount not to exceed $75,812, which includes a 10%
contingency, for a three -year period from October 21, 2015 through
October 20, 2018.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Sarmiento
Benavides, Pulido, Martinez,
Sarmiento, Tinajero (6)
None (0)
None (0)
Amezcua (1)
Reyna,
CITY COUNCIL MINUTES 10 OCTOBER 20, 2015
1 0A -10
25H AGMT -NO. 2015 -239 - GRAFFITI STREET CLEANING SERVICES
(NON- GENERAL FUND)` {STRATEGIC PLAN NOS. 6, 1B` and 7, 5E)
Public Works Agency and Parks, Recreation & Community Services
Agency
Councilmember Martinez, requested report on full cost analysis of police
and graffiti enforcement, including return on investment.
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Graffiti Protective Coatings, Inc., subject
to non - substantive changes approved by the City Manager and City
Attorney, to perform graffiti street cleaning services in areas that are
visible from the right -of -way in the amount of $1,820,000 and in City
park areas not visible from the right -of -way in the amount of
$324,000 for a total contract amount not to exceed $2,144,000 in the
two -year period; contract expires October 31, 2017 and allows for
three 1 -year renewal options, exercisable by the City Manager and
City Attorney.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
SECOND: Tinajero
Benavides, Pulido, Martinez,
Sarmiento, Tinajero (6)
None (0)
None (0)
Amezcua (1)
Reyna,
251. MANAGED PRINT SERVICES AND LEASE OBLIGATIONS FOR
COPIERS {STRATEGIC PLAN NO. 7, 5) - Finance & Management
Services
MOTION:
1. AGMT NO. 2015 -240 - Authorize the City Manager and Clerk of the
Council to execute an agreement with C3 Office Solutions,
subject to non - substantive changes approved by the City
Manager and City Attorney, for Managed Print Services along with
contract contingency of ten percent for one year (November 1,
2015 through October 31, 2016), for an amount not to exceed
$177,670.
CITY COUNCIL MINUTES 11 OCTOBER 20, 2015
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2. AGMT NO. 2015 -241 - Authorize the City Manager and Clerk of the
Council to amend the existing agreement with C3 Office Solutions
for the period November 1, 2012 through October 31, 2015,
subject to non - substantive changes approved by the City
Manager and City Attorney, for Managed Print Services related to
invoices to close -out existing account balance for an amount not
to exceed $39,000.
3. AGMT NO. 2015 -242 - Authorize the City Manager and Clerk of the
Council to execute a lease agreement with C3 Office Solutions
which is anticipated to be assigned to GE Capital, LLC for the
purpose of consolidating all leases with GE Capital, LLC, subject
to non - substantive changes approved by the City Manager and
City Attorney, for the consolidation of approved and existing
Capital Leases, along with two additional Capital Leases of City
Multi- Function Printers for a three -year term beginning November
1, 2015 through October 31, 2018, for an amount not to exceed
$470,330.
LAND USE MATTERS
CONDITIONAL USE PERMIT /VARIANCES
31 A. VARIANCE NO. 2015 -06 TO ALLOW A REDUCTION IN PARKING FOR
PLANET FITNESS AT 1760 EAST EDINGER AVENUE - CHASE
VILLAFANA, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and
Building Agency
Planning Commission approved recommended action on September 28,
2015, by a vote of 6 -0 (Alderete absent).
MOTION: Receive and file the staff report approving Variance No.
2015 -06 as conditioned.
* *END OF CONSENT CALENDAR **
CITY COUNCIL MINUTES 12 OCTOBER 20, 2015
1 0A -12
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. RECREATIONAL TRAILS PROGRAM GRANT APPLICATION
{STRATEGIC PLAN NO. 5, 4A} - Parks, Recreation & Community
Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2015 -058 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE STATE OF CALIFORNIA RECREATIONAL
TRAILS PROGRAM FOR A BIKE TRAIL PROJECT ALONG THE
GREENVILLE /BANNING FLOOD CONTROL CHANNEL AND
CENTENNIAL PARK
MOTION: Martinez SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua(1)
55B. PROPOSED AMENDMENTS TO FISCAL YEAR 2015 -16 BUDGET TO
ADD ONE POLICE SERGEANT AND FOUR POLICE OFFICERS
POSITIONS (STRATEGIC PLAN NO. 1,1 and 5,1) - Personnel Services
Agency and Police Department
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2015 -059 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE
CURRENT ANNUAL BUDGET TO ADD FIVE FULL TIME
POSITIONS IN THE POLICE DEPARTMENT
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
CITY COUNCIL MINUTES 13 OCTOBER 20, 2015
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APPROPRIATION ADJUSTMENT NO. 2016 -050 - Approve an
appropriation adjustment in an amount of $725,869 from recognized
prior year revenue and appropriating $725,869 into the Downtown
Enhancements account.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Benavides, Martinez, Pulido, Reyna, Tinajero,
Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua(1)
*Councilmember Amezcua arrived at 6:44 p.m.
REPORTS
65A. REVIEW AND ADOPT THE FISCAL YEAR 2014 -15 SURPLUS
ALLOCATION PLAN, AND APPROVE APPROPRIATION ADJUSTMENT
{STRATEGIC PLAN NO. 4, 1; 6, 1, 21 - City Manager's Office
The following spoke on the matter:
• Rick Neidermeyer, supports synthetic turf at Dan Young Soccer Field.
• Victoria Perez, support funding for internship program in the amount of
$150,000 that could to benefit as many as 3,000 families in our
community.
• Luis Sarmiento, congratulated staff for having surplus; pleased with
proposal for homeless program in addition to joint use agreements;
requested consideration for proposal presented by community groups.
• America Bracho, representing Latino Health Access, requested funding
in the amount of $1 million for building maintenance.
Staff presentation by City Manager Cavazos
CITY CHARTER REQUIREMENTS (Santa Ana City Charter)
Sec. 609 — Budget Appropriations (Year -End Balance). From the
effective date of the budget, the several amounts stated therein as
proposed expenditures shall be and become appropriated to the
several offices, agencies, and departments for the respective
objectives and purposes therein specified as stated in an appropriation
ordinance. All appropriations shall lapse at the end of the fiscal year to
the extent that they shall not have been expended or lawfully
encumbered.
CITY COUNCIL MINUTES 14 OCTOBER 20, 2015
1 OA -14
• Sec. 609 — Budget Appropriations (Voting Requirements). At any
meeting after the adoption of the budget, the City Council may amend
or supplement the budget by motion adopted by the affirmative votes
of at least two - thirds (2/3) of the members so as to authorize the
transfer of unused balances appropriated for one purpose to another
purpose, or to appropriate available revenue not included in the
budget.
FY 14 -15 PROJECTED YEAR -END SURPLUS TOTAL GENERAL FUND
Total Revenues $ 208,918,360 $ 219,599,548 $ 10,681,188 5.1%
Total Expenditures $ 208,918,360 $ 208,343,008 $ (575,352) , •0.3%
Current estimates for the year -end balance /surplus is approximately:
+$11,256,540
Total of approximately $25M over two years
ALLOCATION SCHEDULE
August 2015:
— Discussions with Mayor and Council
— Mayor and Council Retreat: August 18, 2015
— Discussions with Mayor and Council
September 2015:
— Final determination of accrued expenses
— Discussions with Mayor and Council
— Also, preliminary surplus amount determined $11,250,000
— Work Study Session: September 15, 2015
— Discussions with Mayor and Council
October 2015:
— Discussions with Mayor and Council
— Final Council Approval of Surplus Funds: October 20, 2015
— Discussions with Mayor and Council
Total Funding
• THE PLAN — ONE TIME MONEY
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• Parks
• Safety /Securityoo�oo
• Technology
• Investment
• Facilities /Assets 2��Mao
SURPLUS ALLOCATION— NEXT STEPS
1. Review projects and adopt a Fiscal Year 2014 -15 Surplus Allocation
"List of Projects" for consensus approval by Mayor and City Council:
OR
CITY COUNCIL MINUTES 15 OCTOBER 20, 2015
1 0A -15
1. Review options and direct staff to make adjustments to the Fiscal Year
2014 -2015 Surplus Allocation Plan at the discretion of the Mayor and
City Council. Approve a combination of surplus eligible projects from
the 'List of Projects" and direct staff to appropriate funds in the
amounts identified by the Mayor and Council.
2. Approve the establishment of the Council Special Projects Fund (fund
50) and the appropriation adjustment recognizing up to $11,250,000
from the Fiscal Year 2014 -15 General Fund Balance and appropriating
the same to the Council Special Projects Fund expenditure and
reserve accounts as outlined in the Surplus Allocation Plan.
BRISTOL PROPERTY SALE (CDBG) ECONOMIC INVESTMENT FUNDS
(SARTC) NEXT STEPS
• Review projects that are CDBG eligible according to the discretion of
the Mayor and City Council funded by the sale of Bristol Street
Remnant Parcels up to an amount of $2,000,000.
• Review and approve Santa Ana Regional Transportation Center's
'maintenance and improvements' in the amount of $3,800,000 pending
completion of city -wide credit analysis indicating the use of the
Economic Investment funds would have no adverse impact on the
City's credit rating.
Council discussion ensued.
Mayor Pulido, asked why Cabrillo Park Clay Tennis Court project was
moved to Community Development Block Grant (CDBG) List B eligibible
projects.
Mayor Pro Tern Sarmiento, supports approval of items listed on item a)
and continue consider of item b) to a later date; requested consideration of
funding for Civic Engagement, Building Healthy Communities and Latino
Health Access proposal, also, include Sandpointe Park security lighting as
an identified project, and recommended that some of the proposed joint -
use agreement funding be reallocated to homelessness.
Councilmember Martinez, asked that civic engagement be a priority and
institutionalized; State allocated $25 million for statewide efforts; City to
focus on core services and sustainable government; need to make sure
that funds are reallocated to future budgets in the event that projects are
not completed in current fiscal year; also, proceeds of Bristol Street
property acquisition funds to return to council for consideration.
City Manager Cavazos, indicated that allocation will be for a 3 year period
to make sure projects are completed.
Councilmember Amezcua, opined that consensus reached on approve
projects on List A.
CITY COUNCIL MINUTES 16 OCTOBER 20, 2015
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Mayor Pulido, asked if possible for more additional funding available in the
near future.
City Manager noted that finances would be appraised and return to City
Council with revised figures.
Councilmember Tinajero, thanked staff for progress made to date.
Councilmember Benavides, recommended consideration of skate park in the
downtown area.
MOTION:
1. Adopt a Fiscal Year 2014 -15 Surplus Allocation "List of Projects ":
a) Direct staff to make adjustments to the Fiscal Year 2014 -2015
Surplus Allocation Plan in the total amount of $11,250,000, as
follow:
CITY COUNCIL MINUTES 17 OCTOBER 20, 2015
1 0A -17
Total
Project /Community
funding
Dept
Benefit
Ward
Category
Requested
Parks and
Angel Restroom
Recreation
Renovations
5
Parks
$50,000
Riverview Basketball
Parks and
Court and Parking Lot
Recreation
Renovation
3
Parks
$97,400
Parks and
Santiago Bike Trail
Recreation
Resurfacing Project
3
Parks
$70,000
Santiago Playground
Parks and
Equipment
Recreation
Replacement
3
Parks
$ 230,000
Bomo Koral
Parks and
Sidewalk/Walkway
Recreation
Renovations
4
Parks
$ 150,000
Dan Young Soccer
Parks and
Court Field #2 Syn
Recreation
Turf
6
Parks
$ 640,000
Parks and
Cabrillo Park Tennis
Recreation
Court Renovations
1
Parks
$75,000
Parks and
Recreation
Windsor Tennis Courts
6
Parks
$ 140,000
Civic Center Joint
Parks and
Powers Authority -
Recreation
Renovations
City-Wide
Parks
$ 419,000
Body Cameras- 200
Safety
SAPD
Cameras for use by
City -Wide
$ 350,000
Police Department
/Security
Parks and
Security Lights:
6
$50,000
Recreation
Windsor Park
Parks
CITY COUNCIL MINUTES 17 OCTOBER 20, 2015
1 0A -17
CITY COUNCIL MINUTES 18 OCTOBER 20, 2015
10A -18
Total
Project/ Community
Funding
Dept
Benefit
Ward
Category
Requested
Parks and
Security Lights: Santa
6
$50,000
Recreation
Anita Park
Parks
Parks and
Security Lights: Lillie
1
$50,000
Recreation
Kin Park
Parks
Parks and
Security Lights:
3
$50,000
Recreation
Santiago Park
Parks
Parks and
Security Lights: Bomo
4
$ 170,000
Recreation
Koral Park
Parks
Parks and
Security Lights:
6
$50,000
Recreation
Heritage Park
Parks
Parks and
Security Lights:
1
$50,000
Recreation
Madison Park
Parks
Parks and
Security Lights: Fisher
3
$70,000
Recreation
Park
Parks
Safety /
CMO
Homeless
City-Wide
Security
$ 400,000
Public Works
GIS System
City -Wide
Tech.
$ 125,000
Agency
Development
Network, Data Centers
Technology
and Servers /Software,
City -Wide
Tech.
$1,065,000
Communications
Upgrade
IT Equipment
Upgrades -
Technology
Computers /laptops,
City -Wide
Tech.
$ 273,600
mobile technology,
phones
Financial Budgeting
Technology
Application
City-Wide
Tech.
$ 400,000
Planning & Building
Technology
Permitting Application
CIt -Wide
Tech.
$ 300,000
Communications -
Equipment,
Translation Services,
CMO
On -Call
City -Wide
Tech.
$ 190,000
Communication &
Public Relations
Services, Marketing
and Advertising
Public Works CIP,
Asset Management,
Technology
and Project
City -Wide
Tech.
$ 300,000
Management
Application
Santa Ana City -Wide
CDA
Branding Study
City -Wide
Investment
$ 200,000
Planning and
Building
General Plan Update
City -Wide
Investment
$1,000,000
Planning and
Metro East Zone
1
Investment
$ 100,000
CITY COUNCIL MINUTES 18 OCTOBER 20, 2015
10A -18
MOTION: Sarmiento
VOTE: AYES:
SECOND: Reyna
Amezcua, Benavides, Martinez, Pulido, Reyna,
CITY COUNCIL MINUTES 19 OCTOBER 20, 2015
1 0A -19
Total
Project/ Community
Funding
Dept
Benefit
Ward
Category
Requested
Building
Expansion
Finance
Pension Stability Fund
City -Wide
Investment
$ 500,000
Placemaking City -
CDA
Wide
City -Wide
Investment
$ 100,000
SARTC Deferred
Public Works
Maintenance- HVAC
Agency
Replacement
2
Investment
$ 650,000
Corbin Center
Improvements-
Facilities/
Finance
Restroom Renovation
4
Assets
$50,000
& Facility
Improvements
Corporate Yard: Roof
Facilities/
Finance
Restoration & Facility
City -Wide
Assets
$ 650,000
Renovations
Grand Central: Chiller
Finance
Replacement- Cal
City -Wide
Facilities/
$ 450,000
State Fullerton 2nd St.
Assets
Promenade
Police Department
Facilities/
Finance
Jail: Facility
City -Wide
Assets
$ 150,000
Renovations
Finance
City Hall Facility and
City -Wide
Facilities/
$ 155,000
Safety Renovations
Assets
Finance
Newhope Library-
3
Facilities/
$40,000
HVAC Project
Assets
Jerome Center Gym &
Finance
Southwest Senior
4
Facilities/
$50,000
Center- Facility
Assets
Renovations
El Salvador Center -
Finance
Upgrade Exterior
5
Facilities/
$15,000
HVAC Security
Assets
Enclosures
Fleet Replacement -
Police, Public Works,
Finance
Finance, Planning and
y -Wide
City-Wide
acilities/
$1,300,000
Building, Parks &
Assets
Recreation- 44
Vehicles
Calle Cuatro Street
Facilities/
CMO
Signs and Plaza Calle
2
Assets
$25,000
Cuatro Si na e
TOTAL
$11,250,000
MOTION: Sarmiento
VOTE: AYES:
SECOND: Reyna
Amezcua, Benavides, Martinez, Pulido, Reyna,
CITY COUNCIL MINUTES 19 OCTOBER 20, 2015
1 0A -19
Tinajero, Sarmiento (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
b) Continue consideration of items identified as Community
Development Block Grant (CDBG) eligible to a future date.
c) Approve Santa Ana Regional Transportation Center's
maintenance and improvements (Maintenance, Safety /Liability,
Tenant space, signage) in the amount of $3,800,000 pending
completion of city -wide credit analysis indicating the use of the
Economic Investment funds would have no adverse impact on
the City's credit rating.
MOTION: Tinajero SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero, Sarmiento (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
2. APPROPRIATION ADJUSTMENT NO. 2016 -051 - Approve the
establishment of the Council Special Projects Fund (fund 50) and
the appropriation adjustment recognizing $11,250,000 from the
Fiscal Year 2014.15 General Fund Balance and appropriating the
same to the Council Special Projects Fund expenditure and reserve
accounts.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Reyna
Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero, Sarmiento (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 20 OCTOBER 20, 2015
1 OA -20
PUBLIC HEARING
75A. EMERGENCY ORDINANCE EXTENDING MORATORIUM ON THE
ESTABLISHMENT OR EXPANSION OF ANY SHORT -TERM
RESIDENTIAL RENTAL USE FOR AN ADDITIONAL 10 MONTHS AND
15 DAYS {STRATEGIC PLAN NO. 5, 4 }. - Planning and Building Agency
Legal Notice published in the Orange County Reporter on October 9,
2015.
Mayor Pulido opened the Hearing. The following spoke on the matter:
• Douglas McLeith, spoke against proposed ordinance; restrictive and
not warranted; suggested restrictions for short term rental for full house
and for more than 2 people and when owner is not present.
• Julie Herrick, has had favorable experience while renting room at her
house; opined that proposed ordinance was overreaching and would
negatively impact those that are not a problem; suggest 45 day review
period, if needed; also, short term rentals allow travelers to experience
Santa Ana.
Mayor closed the Hearing.
Council discussion ensued.
Councilmember Martinez, supports shared economy.
Planning and Building Executive Director Haghani, noted that staff
reviewing various models; will bring options for consideration; could
exempt the properties where property owners are on site or hold off
enforcement unless evidence of complaint, if so desired by the City
Council; also, intention is to come back to City Council before moratorium
expires.
Mayor Pro Tern Sarmiento, noted that issue brought forward because of
complaint; need to pause and support concept of shared economy; should
consider deferring ordinance.
City Manager Cavazos, reported that the home in question that brought
forth this issue is now listed for sale, thus not aware of other neighborhood
complaints on short term rentals.
Councilmember Martinez, proposed that matter be tabled and bring to the
Development and Transportation Committee.
Planning and Building Executive Director Haghani, stated that matter will
include in the upcoming zoning code update.
CITY COUNCIL MINUTES 21 OCTOBER 20, 2015
1 OA -21
City Attorney Carvalho, reported for the record that once the City Council
does not extend a moratorium, the City Council will not be able to
agendize matter as a moratorium in the future.
MOTION: Table matter indefinitely and agendize on the Development
and Transportation Advisory Committee for review.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
WORK STUDY SESSION
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero, Sarmiento (7)
None (0)
None (0)
None (0)
WS. OPTIONS FOR ADDRESSING MOBILE VENDING TRUCKS - Planning
and Building Agency
Staff report presentation by Interim Code Enforcement Manager, Alvaro
Nunez
Propose Modifications to the Ordinance
• Rescind Ordinance based on Federal Court Injunction
• Update regulations to reflect current industry practices
• Eliminate outdated provisions
• Distinguish between commercial and residential districts
• Public Considerations
• Colocation of multiple mobile vendors
• Compare with similar cities
Meetings with Stakeholders
• Planning & Building Agency
• Santa Ana Police Department (Traffic Division)
• Orange County Health
• Latino Health Access
• Mobile Vending representative — produce
• Mobile Vending representative — catering
• South Santa Ana Merchants Association
• Downtown Restaurant Association
• Neighborhood Association /Comm Link representative
• Public Works Agency
CITY COUNCIL MINUTES 22 OCTOBER 20, 2015
1 OA -22
Survey of successful models from other jurisdictions
San Jose, San Francisco, LA County Santa Monica, Long Beach, West
Hollywood, Anaheim, Phoenix, Portland, Palm Desert, and San Luis
Obispo
What we heard -- Mobile Vending Positives
• Provides access to food and other convenience items in dense
neighborhoods
• Easily accessible to those without transportation
• Can act as "eyes on the street' due to their continual presence
• Already part of the Community.
What we heard -- Public Safety Concerns
• Parking too close to intersections and driveways — blocks visibility at
crosswalks and sidewalks
• Mid -block pedestrian crossings to reach trucks
• Can become targets for graffiti and gang identification
What we heard -- Neighborhood Quality of Life concerns
• Concentration of vending vehicles on neighborhood streets
• Loud noise
• Damage to parkways
• Trash and litter accumulation
• Tables and chairs blocking sidewalks or set up in the road
• Public urination
What we heard -- Public Health concerns
• Failure to comply with Orange County Health standards
• Overnight parking in residential zones
• Vehicles not returning to commissaries
• Vehicles not adhering to the 2 hour limitation when not providing
bathroom within 200 feet.
Vendors taking up limited parking spaces
Late night operation
Proposed Modifications to Ordinance
• Rescind Ordinance based on Federal Court Injunction
• Eliminate outdated provisions
• Distinguish between commercial and residential districts
• Public Considerations
• Colocation of multiple mobile vendors
• Public Health Concerns— recommendations
• Commissary
• Sanitation /Bathroom Requirements
• Daily Reporting
CITY COUNCIL MINUTES 23 OCTOBER 20, 2015
1 OA -23
Public Safety — recommendations Separation Requirements
• Distance 500 ft. from any school, park, community center or
playground facility.
• Distance within 50 feet of a crosswalk.
• Maximum six feet in height
• No blocking of driveways or movement of other vehicles upon any
sidewalks, and public or private streets.
Quality of Life— recommendations Public Right of Way—
Prohibit items in the public right of way
• Refuse containers -- maintain 50 -foot radius of the vehicle
• Prohibit the use of amplified sound
• Establish hours of operation in residential zones and uses
Commercial Zones - Establish Mobile food vending courts (districts)
• Allowed on private /public property— special event permit.
• Enhance /enliven an area
• Increase business activity
• generate traffic for existing businesses
Commercial Zones - Considerations
• Hours of operation
• Traffic /road closures
• Proximity to similar brick - and - mortar businesses
• Duration and regularity of events.
Councilmember Martinez, asked that City work with school district in
addressing mobile vending trucks on school grounds; recommended land
use permit and possibility of establishing districts; suggest that any
proposed ordinance not interfere with special events and school
fundraisers.
City Attorney Carvalho, said that draft ordinance can include special event
provisions, not apply to special agency or neighborhood event if given
notice in advance, and may include regulations for schools by balancing
the brick and motor establishments.
Councilmember Amezcua, concerned with health, safety, and sanitation of
food trucks.
Councilmember Reyna, need to address light pollution; need to regulate
according to vehicle code
Mayor Pro Tern Sarmiento, noted that City has tried to regulate in the
past, with little success — place, time, management are difficult and have
issues with public safety and other secondary impacts, business industry
CITY COUNCIL MINUTES 24 OCTOBER 20, 2015
1 OA -24
has matured, need to create economic development opportunities and
balance brick and motor establishments.
Motion by Councilmember, seconded by Mayor Pro Tern Sarmiento to
direct staff to rescind current ordinance and return to City Council with
options within the next 90 days with new option; motion carried
unanimously.
COMMENTS
PUBLIC COMMENTS (Non - Agendized Items)
• Michael Klubuski, concerned with County of Orange's Ethics Committee ordinance.
• Venacio Chavez, spoke of various neighborhood issues including increased alcohol
consumption, drugs and other illegal activity; request assistance with proposed
alcohol license for a business on Minter Street.
• Steve Rocco, provided update on recall efforts underway and other personal
issues.
• Edgar Sebastian Vasquez, representing InterAmerican Agency Sports concerned
with proposed closure of Eddie West stadium for a 6 month renovation and closure
of fields at Centennial #2; asked that City Council consider impacts to teams when
making such decisions.
• Rick Neidermeyer, asked that CDBG funding be available for less projects and
programs requesting less than $30,000; also asked City to regulate drones.
• Victor Payan, invited all to upcoming Film Festival event this weekend at Frida
Theater.
• Madeline Spencer, commented on need to hold police officers accountable.
90A. CITY MANAGER'S COMMENTS
• Announced that Community Emergency Response Team "CERT"
program will be returning.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Expressed concerned that she was not aware that Eddie West
Stadium would be closed for 4 -6 months; venue has high usage;
• Reminded all that each Ward can spend up to $10,000 a year for
neighborhood events; encouraged all to apply;
• Invited all to 2nd annual SOMOS event on November 8th; asked staff to
promote event regionally; and
• Asked that City Council be kept abreast of community events and
changes at City Hall that effect the community.
CITY COUNCIL MINUTES 25 OCTOBER 20, 2015
1 OA -25
Councilmember Tinajero:
• Announced that Santa Ana High school has undefeated record;
upcoming homecoming game v. Segerstrom coming up;
• Pleased that City Council able to allocate extra funds; and
• Thanked efforts by police officers and Police Chief.
Mayor Pro Tern Sarmiento:
• Thanked the City Manager for winding down negotiations labor groups;
• Asked that Communications Manager send out alert on upcoming
movie screening on October 24, 2015 at 7:00 PM at the Frida Theater;
• Noted that surplus funds should be retitled unallocated funds — deferred
maintenance and one -time projects;
• Thanked police rank and file for service and living up to high
standards; and
• Wished all a happy Halloween and asked all to be safe.
Councilmember Amezcua:
• Thanked staff for efforts in bringing forth surplus funds;
• Thanked Police Chief for leadership and continue to hold staff to high
standards;
• Reported that Orange County Fire Authority has decreased response
times; and
• Wished son a happy birthday.
Councilmember Reyna:
• Asked all to continue to conserve water;
• Encouraged all to attend Santa Ana High School v. Segerstrom football
game;
• Held successful Youth Leadership conference; thanked presenters;
• Hosted community meeting to inform area of grants available for
neighborhood events; and
• Urged all to shop Santa Ana.
Councilmember Benavides:
• Asked all to be safe on Halloween;
• Commented on need for deferred maintenance, need to address
maintenance on a regular basis;
• City Council committed to "Community Engagement' efforts; access
and accessible;
• Participated in Love Santa Ana Initiative; graffiti removal app has been
effective in eradicating;
• Encouraged residents to visit City website and register to receive
regular updates through Nixel alerts; need to make option visible on
site; and
• Support local economy — Shop Santa Ana.
CITY COUNCIL MINUTES 26 OCTOBER 20, 2015
1 OA -26
Mayor Pulido:
• Requested memo on status of Eddie West Stadium closure and
proposed next steps;
• Announced that Bowers Museum in negotiation with Vatican to bring
exhibit to Santa Ana; and
• Adjourned in memory of Yolanda Hernandez who worked for Dr.
Nogales and to Christopher Joseph Ruiz who served our country in the
Marine Corp.
ADJOURNED - 9:02 p.m. — The next meeting of the City Council is scheduled for
Tuesday, November 3, 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.
Adjourn in Memory of
Christopher Joseph Ruiz
and
Yolanda Hernandez
Maria Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Mater Del High School Parking Structure Project
• Community Engagement Plan
• General Plan Update
CITY COUNCIL MINUTES 27 OCTOBER 20, 2015
1 OA -27
1 OA -28